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HomeMy WebLinkAbout01-02-2024 City Council Agenda PacketCITY OF EAST WENATCHEE CITY COUNCIL MEETING LOCATION: EAST WENATCHEE CITY HALL 271 9th Street NE | East Wenatchee, WA 98802 TO WATCH LIVESTREAM, CLICK HERE: https://us02web.zoom.us/j/84361291567 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) 886-6104 (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.) Page 1 of 2 M EETING AGENDA 1.CALL TO ORDER 2.PLEDGE OF ALLEGIANCE 3.ROLL CALL 4.CONSENT ITEMS a.Vouchers: Date: 01-02-2024 Checks: 59438-59520, in the amount of $1,012,806.96. Minutes: b.12-5-2023 Council Meeting Minutes. Motion by City Council to approve agenda, vouchers, and minutes from previous meetings. 5.CITIZEN COMMENTS The Council is providing opportunities for public comment in person, remotely, or by submitting written comment. The Mayor will ask if there are any citizens wishing to address the Council. When recognized, please step up to the microphone (or unmute your screen), state your name and if you live within the East Wenatchee city limits. Citizen comments will be limited to three minutes. 6.DEPARTMENT REPORTS a.2023 Wings ‘N Wishes Report. – Trina Elmes, Events Director/PIO. 7.ACTION ITEMS a.Resolution 2024-01, North Baker Ave Emergency Repair Public Works Board Loan/Grant; Project Number 2023-10. – Garren Melton, Public Works Manager. Motion by City Council to approve Resolution 2024-01, authorizing Mayor Crawford to enter into an agreement with the Public Works Board authorizing loan and grant funds to the City of East Wenatchee for emergency stormwater repairs on North Baker Avenue. b.Resolution 2024-02, Transportation Improvement Board (TIB) Fuel Tax Agreement: 5th Street NE Safety and Multimodal Improvements. – Garren Melton, Public Works Manager. Motion by City Council to approve Resolution 2024-02, Authorizing Mayor Crawford to execute the Transportation Improvement Board Fuel Tax Agreement awarding up to $2,500,000 for the 5th Street NE safety and multimodal improvements from N Baker Ave to N. Kentucky Ave. Tuesday, January 02, 2024 6:00 PM Council Chambers pg. 3 pg. 34 pg. 38 pg. 39 pg. 65 01-02-2024 City Council Agenda Packet Page 1 of 84 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) 886-6104 (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.) Page 2 of 2 8.MAYOR’S REPORT a.Mayor Pro Tempore Nominations b.Workshop Sessions i.Meeting Day Change ii.Facilitator c.2024 City Council Committee Assignments 9.COUNCIL REPORTS & ANNOUNCEMENTS a.Reports/New Business of Council Committees 10.ADJOURNMENT 01-02-2024 City Council Agenda Packet Page 2 of 84 CHECKS: 59438-59520 VOIDED CHECKS: DEPARTMENT/FUND AMOUNT General Fund 001 $73,918.53 Rainy Day Fund 002 $0.00 Street Fund 101 $26,814.53 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 $5,920.00 SWAT Fund 107 $1,844.05 Library Fund 112 $932.52 Hotel/Motel Tax Fund 113 $0.00 Drug Fund 114 $0.00 Criminal Justice Fund 116 $0.00 Events Board Fund 117 $5,757.08 Bond Redemption Fund 202 $0.00 Street Improvements Fund 301 $744,100.34 Capital Improvements Fund 314 $4,189.94 Stormwater Fund 401 $3,666.61 Equipment R&R Fund 501 $131,178.67 Cafeteria Plan 634 $0.00 Custodial Activities 635 $14,484.69 Grand Total All Funds $1,012,806.96 CITY OF EAST WENATCHEE CHECK REGISTER January 2, 2024 Account Payables 01-02-2024 City Council Agenda Packet Page 3 of 84 Fund Number Description Amount 001 General Fund $73,918.53 101 Street Fund $26,814.53 105 Transportation Benefit District Fund $5,920.00 107 SWAT Fund $1,844.05 112 Library Fund $932.52 117 Events Board Fund $5,757.08 301 Street Improvements Fund $744,100.34 314 Capital Improvements Fund $4,189.94 401 Stormwater Fund $3,666.61 501 Equipment Purchase, Repair & Replacement Fund $131,178.67 635 Custodial Activities Fund $14,484.69 Count: 11 $1,012,806.96 Fund Transaction Summary Transaction Type: Invoice Fiscal: 2023 - December 2023 - December 2023 2nd Council Printed by COEW\DSanchez on 12/28/2023 1:48:19 PM Page 1 of 1 East Wenatchee - Fund Transaction Summary 01-02-2024 City Council Agenda Packet Page 4 of 84 Vendor Number Reference Account Number Description Amount 911 Supply Inc 0 2023 - December 2023 - December 2023 2nd Council INV-2-34435 Supplies 001-000-210-521-10-35-00 Small Tools & Equipment $55.01 Total INV-2-34435 $55.01 Total 0 $55.01 Total 911 Supply Inc $55.01 Active Construction 59438 2023 - December 2023 - December 2023 2nd Council Pay Estimate 4 Safe Routes 301-000-000-595-61-60-04 Construction - SRTS Kenroy $571,772.68 301-000-000-595-61-60-05 Construction - SRTS Sterling $78,080.11 Total Pay Estimate 4 $649,852.79 Total 59438 $649,852.79 Total Active Construction $649,852.79 Ag Supply Company - 233955 59439 2023 - December 2023 - December 2023 2nd Council Invoice - 12/1/2023 8:20:47 AM 11/2023 233955 pmt 001-000-210-521-10-32-00 Fuel Consumed $4,404.56 Total Invoice - 12/1/2023 8:20:47 AM $4,404.56 Total 59439 $4,404.56 Total Ag Supply Company - 233955 $4,404.56 AG Supply Company - 234034 59440 2023 - December 2023 - December 2023 2nd Council Invoice - 12/5/2023 8:07:52 AM 11/2023 234034 pmt 001-000-180-518-30-35-00 Small Tools & Equipment $9.75 001-000-180-518-30-35-00 Small Tools & Equipment $15.18 001-000-180-518-30-35-00 Small Tools & Equipment $5.41 001-000-180-518-30-48-00 Repairs & Maintenance $44.65 001-000-180-518-30-49-01 Landscaping $2.50 001-000-210-521-10-48-00 Repairs & Maintenance $10.84 Voucher Directory Fiscal: : 2023 - December 2023 Council Date: : 2023 - December 2023 - December 2023 2nd Council Printed by COEW\DSanchez on 12/28/2023 1:47:47 PM Page 1 of 29 East Wenatchee - Voucher Directory 01-02-2024 City Council Agenda Packet Page 5 of 84 Vendor Number Reference Account Number Description Amount 101-000-420-542-30-30-00 Supplies - Roadway $13.16 101-000-420-542-30-30-00 Supplies - Roadway $31.66 101-000-430-543-30-10-00 Salaries - General Services $9.75 101-000-430-543-30-10-00 Salaries - General Services $8.18 101-000-430-543-30-10-00 Salaries - General Services $21.69 101-000-430-543-30-30-00 Supplies - General Services $65.09 101-000-430-543-30-30-01 Fuel $781.52 117-000-500-557-30-49-01 Christmas - Miscellaneous $17.34 117-000-500-557-30-49-01 Christmas - Miscellaneous $91.07 117-000-500-557-30-49-01 Christmas - Miscellaneous $15.60 Total Invoice - 12/5/2023 8:07:52 AM $1,143.39 Total 59440 $1,143.39 Total AG Supply Company - 234034 $1,143.39 Alan J. Key dba: CWPI LLC. 59441 2023 - December 2023 - December 2023 2nd Council Invoice - 12/4/2023 1:29:23 PM 10/2023-11/2023 services 001-000-210-521-10-41-00 Professional Services $614.00 Total Invoice - 12/4/2023 1:29:23 PM $614.00 Total 59441 $614.00 Total Alan J. Key dba: CWPI LLC.$614.00 Alignment Pros and Express Lube 59442 2023 - December 2023 - December 2023 2nd Council 52185 Repairs 501-000-000-521-10-48-00 Police Vehicle Repairs & Maintenance $139.33 Total 52185 $139.33 Total 59442 $139.33 Total Alignment Pros and Express Lube $139.33 American Building Maintenance CO 59443 2023 - December 2023 - December 2023 2nd Council 18722045 12/2023 services 001-000-180-518-30-41-01 Contracted Custodial Services $3,926.62 Total 18722045 $3,926.62 18722688 Exterior Window Cleaning 001-000-180-518-30-41-00 Professional Services $582.69 Total 18722688 $582.69 Total 59443 $4,509.31 Total American Building Maintenance CO $4,509.31 Printed by COEW\DSanchez on 12/28/2023 1:47:47 PM Page 2 of 29 East Wenatchee - Voucher Directory 01-02-2024 City Council Agenda Packet Page 6 of 84 Vendor Number Reference Account Number Description Amount ARC Architects, Inc. 59444 2023 - December 2023 - December 2023 2nd Council 0000000042 Public Works Building 314-000-000-594-18-60-00 Maintenance Facilities Construction $3,919.50 Total 0000000042 $3,919.50 Total 59444 $3,919.50 Total ARC Architects, Inc.$3,919.50 AUCA Western First Aid & Safety Lockbox 59445 2023 - December 2023 - December 2023 2nd Council GEG-003629 Medical Supplies 001-000-140-514-20-31-01 Central Stores $551.04 Total GEG-003629 $551.04 Total 59445 $551.04 Total AUCA Western First Aid & Safety Lockbox $551.04 Baker Psychological Services, PLLC 59446 2023 - December 2023 - December 2023 2nd Council 156 Pre-employment evaluation 001-000-210-521-10-41-00 Professional Services $725.00 Total 156 $725.00 Total 59446 $725.00 Total Baker Psychological Services, PLLC $725.00 Bill Lane 59447 2023 - December 2023 - December 2023 2nd Council Invoice - 12/4/2023 1:28:56 PM Clothing Allowance Reimbursement 001-000-210-521-10-20-01 Clothing Allowance $700.00 Total Invoice - 12/4/2023 1:28:56 PM $700.00 Total 59447 $700.00 Total Bill Lane $700.00 Brandi Darnell 59448 2023 - December 2023 - December 2023 2nd Council Invoice - 12/18/2023 11:49:45 AM 2023 Christmas Window Painting 117-000-500-557-30-40-05 Christmas - Events & Decorations $750.00 Total Invoice - 12/18/2023 11:49:45 AM $750.00 Total 59448 $750.00 Total Brandi Darnell $750.00 Printed by COEW\DSanchez on 12/28/2023 1:47:47 PM Page 3 of 29 East Wenatchee - Voucher Directory 01-02-2024 City Council Agenda Packet Page 7 of 84 Vendor Number Reference Account Number Description Amount Cascade Quality Water 59449 2023 - December 2023 - December 2023 2nd Council Invoice - 12/5/2023 8:12:26 AM Water 001-000-001-518-91-30-00 Wellness $45.65 Total Invoice - 12/5/2023 8:12:26 AM $45.65 Invoice - 12/6/2023 1:52:45 PM Water 001-000-210-521-10-31-00 Office Supplies $52.09 Total Invoice - 12/6/2023 1:52:45 PM $52.09 Total 59449 $97.74 Total Cascade Quality Water $97.74 Cdw Government, Inc 59450 2023 - December 2023 - December 2023 2nd Council NH77708 Supplies 001-000-145-594-14-60-25 Capital - PC Hardware Admin $819.98 Total NH77708 $819.98 NH78753 Supplies 001-000-145-514-20-30-02 Non-Capital - PC Hardware Admin $638.25 Total NH78753 $638.25 NJ70829 Supplies 001-000-145-514-20-30-02 Non-Capital - PC Hardware Admin $34.88 Total NJ70829 $34.88 Total 59450 $1,493.11 Total Cdw Government, Inc $1,493.11 Chelan County Treasurer 59451 2023 - December 2023 - December 2023 2nd Council 150001-01930 12/2023 inmates housed 001-000-230-523-60-20-00 Medical Care - Prisoners $150.55 Total 150001-01930 $150.55 Total 59451 $150.55 Total Chelan County Treasurer $150.55 Cintas Corporation 607 59452 2023 - December 2023 - December 2023 2nd Council 4175382816 Supplies 101-000-430-543-30-30-00 Supplies - General Services $83.66 Total 4175382816 $83.66 Printed by COEW\DSanchez on 12/28/2023 1:47:47 PM Page 4 of 29 East Wenatchee - Voucher Directory 01-02-2024 City Council Agenda Packet Page 8 of 84 Vendor Number Reference Account Number Description Amount 4176108311 Supplies 112-000-000-572-50-47-00 Facilities - Utilities $130.84 Total 4176108311 $130.84 4176827302 Supplies 101-000-430-543-30-30-00 Supplies - General Services $84.20 Total 4176827302 $84.20 Total 59452 $298.70 Total Cintas Corporation 607 $298.70 Cities Digital 59453 2023 - December 2023 - December 2023 2nd Council 58762 Laserfiche 001-000-140-514-20-45-00 Professional Services $2,601.86 001-000-145-514-20-40-60 Service Package - Laserfiche (Legal, Police, & Planning) $5,000.00 Total 58762 $7,601.86 Total 59453 $7,601.86 Total Cities Digital $7,601.86 Classic One East 59454 2023 - December 2023 - December 2023 2nd Council Invoice - 12/14/2023 2:03:51 PM Hampton Cleaning Services 001-000-210-521-10-49-02 Dry Cleaning Services $57.36 Total Invoice - 12/14/2023 2:03:51 PM $57.36 Invoice - 12/14/2023 2:04:19 PM Sheats Cleaning Services 001-000-210-521-10-49-02 Dry Cleaning Services $53.22 Total Invoice - 12/14/2023 2:04:19 PM $53.22 Total 59454 $110.58 Total Classic One East $110.58 Column Software PBC 59455 2023 - December 2023 - December 2023 2nd Council ED560366-0014 Advertising 001-000-110-511-60-44-00 Advertising $135.76 Total ED560366-0014 $135.76 Printed by COEW\DSanchez on 12/28/2023 1:47:47 PM Page 5 of 29 East Wenatchee - Voucher Directory 01-02-2024 City Council Agenda Packet Page 9 of 84 Vendor Number Reference Account Number Description Amount ED560366-0015 Advertising 001-000-580-558-60-44-00 Advertising $147.82 Total ED560366-0015 $147.82 Total 59455 $283.58 Total Column Software PBC $283.58 Compunet, Inc 59456 2023 - December 2023 - December 2023 2nd Council 241021 314-000-000-594-18-60-00 Maintenance Facilities Construction $270.44 Total 241021 $270.44 Total 59456 $270.44 Total Compunet, Inc $270.44 Consolidated Electrical Distributors Inc 59457 2023 - December 2023 - December 2023 2nd Council 9360-1071201 Supplies 001-000-180-518-30-35-00 Small Tools & Equipment $38.15 Total 9360-1071201 $38.15 Total 59457 $38.15 Total Consolidated Electrical Distributors Inc $38.15 Consolidated Supply Co. 59458 2023 - December 2023 - December 2023 2nd Council S011679640.001 Supplies 401-000-008-531-00-40-04 Repairs & Maint. - NPDES PPGH $231.92 Total S011679640.001 $231.92 Total 59458 $231.92 Total Consolidated Supply Co.$231.92 Daily Journal of Commerce 59459 2023 - December 2023 - December 2023 2nd Council 3394322 Grant Rd Ad 301-000-000-595-10-60-00 Design - NHS Overlay Grover to Kentucky $291.50 Total 3394322 $291.50 Total 59459 $291.50 Total Daily Journal of Commerce $291.50 Printed by COEW\DSanchez on 12/28/2023 1:47:47 PM Page 6 of 29 East Wenatchee - Voucher Directory 01-02-2024 City Council Agenda Packet Page 10 of 84 Vendor Number Reference Account Number Description Amount DeVries Business Records Management Inc 59460 2023 - December 2023 - December 2023 2nd Council 0173635 001-000-210-521-10-41-00 Professional Services $70.99 Total 0173635 $70.99 Total 59460 $70.99 Total DeVries Business Records Management Inc $70.99 Douglas County Auditor-Recording 59461 2023 - December 2023 - December 2023 2nd Council 117228 Recording 001-000-315-542-10-49-01 Miscellaneous $228.50 Total 117228 $228.50 Total 59461 $228.50 Total Douglas County Auditor-Recording $228.50 Douglas County PUD 59462 2023 - December 2023 - December 2023 2nd Council 631 11/09/23-11/27/23 Utilities 101-000-420-542-63-47-00 Utilities - Street Lighting $69.00 Total 631 11/09/23-11/27/23 $69.00 69 10/10/23-11/09/23 Utilities 001-000-180-518-30-47-00 Utilities $532.00 101-000-420-542-63-47-00 Utilities - Street Lighting $251.00 101-000-420-542-64-47-00 Utilities - Traffic Control Devices $55.00 101-000-420-542-64-47-00 Utilities - Traffic Control Devices $88.00 101-000-430-543-50-47-00 Utilities - Facilities $66.00 112-000-000-572-50-47-00 Facilities - Utilities $294.00 Total 69 10/10/23-11/09/23 $1,286.00 70 10/23/23-11/21/23 Utilities 101-000-420-542-63-47-00 Utilities - Street Lighting $2,096.00 101-000-420-542-64-47-00 Utilities - Traffic Control Devices $187.00 Total 70 10/23/23-11/21/23 $2,283.00 Invoice - 12/19/2023 11:09:51 AM 76212 late charge 001-000-180-518-30-47-01 Utilities - Simon St.$10.00 Total Invoice - 12/19/2023 11:09:51 AM $10.00 Invoice - 12/19/2023 11:10:25 AM 762667 late charge 001-000-180-518-30-47-00 Utilities $26.00 Total Invoice - 12/19/2023 11:10:25 AM $26.00 Printed by COEW\DSanchez on 12/28/2023 1:47:47 PM Page 7 of 29 East Wenatchee - Voucher Directory 01-02-2024 City Council Agenda Packet Page 11 of 84 Vendor Number Reference Account Number Description Amount Invoice - 12/4/2023 1:29:52 PM Fees 301-000-000-595-61-60-05 Construction - SRTS Sterling $2,356.00 Total Invoice - 12/4/2023 1:29:52 PM $2,356.00 Invoice - 12/4/2023 1:32:09 PM Fees 301-000-000-595-61-60-04 Construction - SRTS Kenroy $2,356.00 Total Invoice - 12/4/2023 1:32:09 PM $2,356.00 Invoice - 12/4/2023 1:32:30 PM Fees 301-000-000-595-61-60-05 Construction - SRTS Sterling $2,356.00 Total Invoice - 12/4/2023 1:32:30 PM $2,356.00 Invoice - 12/4/2023 1:32:45 PM Fees 301-000-000-595-61-60-05 Construction - SRTS Sterling $2,356.00 Total Invoice - 12/4/2023 1:32:45 PM $2,356.00 Total 59462 $13,098.00 Total Douglas County PUD $13,098.00 Douglas County Sewer District 59463 2023 - December 2023 - December 2023 2nd Council Invoice - 12/13/2023 11:20:54 AM Refund 101-000-000-322-40-00-00 Street Permits $250.00 Total Invoice - 12/13/2023 11:20:54 AM $250.00 Total 59463 $250.00 Total Douglas County Sewer District $250.00 Douglas County Treasurer 0 2023 - December 2023 - December 2023 2nd Council Invoice - 12/22/2023 8:30:26 AM 2023-19 armada 401-000-001-582-30-00-00 Non-Fiduciary Remittance $576.00 Total Invoice - 12/22/2023 8:30:26 AM $576.00 Total 0 $576.00 59464 2023 - December 2023 - December 2023 2nd Council Invoice - 12/19/2023 11:00:41 AM 2023-18 armada 401-000-001-582-30-00-00 Non-Fiduciary Remittance $315.00 Total Invoice - 12/19/2023 11:00:41 AM $315.00 Total 59464 $315.00 Total Douglas County Treasurer $891.00 Printed by COEW\DSanchez on 12/28/2023 1:47:47 PM Page 8 of 29 East Wenatchee - Voucher Directory 01-02-2024 City Council Agenda Packet Page 12 of 84 Vendor Number Reference Account Number Description Amount East Wenatchee Water Disttrict 0 2023 - December 2023 - December 2023 2nd Council Invoice - 12/22/2023 8:30:57 AM 039100-000 101-000-430-543-50-47-00 Utilities - Facilities $54.00 Total Invoice - 12/22/2023 8:30:57 AM $54.00 Invoice - 12/22/2023 8:31:22 AM 039099-000 101-000-430-543-50-47-00 Utilities - Facilities $155.00 Total Invoice - 12/22/2023 8:31:22 AM $155.00 Total 0 $209.00 59465 2023 - December 2023 - December 2023 2nd Council Invoice - 12/19/2023 11:11:00 AM 036440-000 001-000-180-518-30-47-01 Utilities - Simon St.$68.60 Total Invoice - 12/19/2023 11:11:00 AM $68.60 Invoice - 12/19/2023 11:11:19 AM 022920-000 001-000-180-518-30-47-00 Utilities $42.00 Total Invoice - 12/19/2023 11:11:19 AM $42.00 Invoice - 12/19/2023 11:11:41 AM 000520-001 101-000-420-542-75-47-00 Utilities - City Parks $47.00 Total Invoice - 12/19/2023 11:11:41 AM $47.00 Invoice - 12/19/2023 11:12:04 AM 000526-000 001-000-180-518-30-47-00 Utilities $43.50 112-000-000-572-50-47-00 Facilities - Utilities $43.50 Total Invoice - 12/19/2023 11:12:04 AM $87.00 Invoice - 12/19/2023 11:12:35 AM 000524-000 101-000-430-543-50-47-00 Utilities - Facilities $43.90 Total Invoice - 12/19/2023 11:12:35 AM $43.90 Invoice - 12/19/2023 11:12:55 AM 000520-000 101-000-420-542-75-47-00 Utilities - City Parks $54.00 Total Invoice - 12/19/2023 11:12:55 AM $54.00 Invoice - 12/19/2023 11:13:11 AM 013966-000 101-000-420-542-75-47-00 Utilities - City Parks $42.00 Total Invoice - 12/19/2023 11:13:11 AM $42.00 Invoice - 12/19/2023 11:13:28 AM 030941-000 101-000-420-542-75-47-00 Utilities - City Parks $42.00 Total Invoice - 12/19/2023 11:13:28 AM $42.00 Printed by COEW\DSanchez on 12/28/2023 1:47:47 PM Page 9 of 29 East Wenatchee - Voucher Directory 01-02-2024 City Council Agenda Packet Page 13 of 84 Vendor Number Reference Account Number Description Amount Invoice - 12/19/2023 11:13:43 AM 030620-000 101-000-420-542-75-47-00 Utilities - City Parks $42.00 Total Invoice - 12/19/2023 11:13:43 AM $42.00 Invoice - 12/19/2023 11:13:56 AM 032745-000 401-000-008-531-00-40-06 Utilities $42.00 Total Invoice - 12/19/2023 11:13:56 AM $42.00 Invoice - 12/20/2023 9:39:32 AM 000525-000 101-000-420-542-75-47-00 Utilities - City Parks $54.00 Total Invoice - 12/20/2023 9:39:32 AM $54.00 Invoice - 12/20/2023 9:39:50 AM 031543-000 001-000-180-518-30-47-01 Utilities - Simon St.$42.00 Total Invoice - 12/20/2023 9:39:50 AM $42.00 Total 59465 $606.50 Total East Wenatchee Water Disttrict $815.50 Fastenal Company 59466 2023 - December 2023 - December 2023 2nd Council WAWEN268238 Supplies 501-000-000-548-30-30-25 Street Vehicle Repair Supplies $93.20 Total WAWEN268238 $93.20 WAWEN268307 Supplies 101-000-420-542-66-48-00 Repairs & Maintenance - Snow & Ice Control $2.64 Total WAWEN268307 $2.64 Total 59466 $95.84 Total Fastenal Company $95.84 First Net 59467 2023 - December 2023 - December 2023 2nd Council 287293799226X12132023 Phone bill 001-000-210-521-10-42-01 Telephone $8,976.42 Total 287293799226X12132023 $8,976.42 Total 59467 $8,976.42 Total First Net $8,976.42 Printed by COEW\DSanchez on 12/28/2023 1:47:47 PM Page 10 of 29 East Wenatchee - Voucher Directory 01-02-2024 City Council Agenda Packet Page 14 of 84 Vendor Number Reference Account Number Description Amount Hans C Andersen 59468 2023 - December 2023 - December 2023 2nd Council Invoice - 12/19/2023 12:14:51 PM Overpayment refund 401-000-001-582-30-00-00 Non-Fiduciary Remittance $36.00 Total Invoice - 12/19/2023 12:14:51 PM $36.00 Total 59468 $36.00 Total Hans C Andersen $36.00 Interwest Communications 59469 2023 - December 2023 - December 2023 2nd Council 23662 001-000-145-514-20-41-00 Professional Services $625.26 Total 23662 $625.26 Total 59469 $625.26 Total Interwest Communications $625.26 Isaac Fleshman-Cooper 59470 2023 - December 2023 - December 2023 2nd Council Invoice - 12/6/2023 1:53:39 PM Clothing Allowance Reimbursement 001-000-210-521-10-20-01 Clothing Allowance $700.00 Total Invoice - 12/6/2023 1:53:39 PM $700.00 Total 59470 $700.00 Total Isaac Fleshman-Cooper $700.00 Ivy Jurgensen 0 2023 - December 2023 - December 2023 2nd Council Invoice - 12/22/2023 8:53:56 AM Donation Box Reimbursement 001-000-210-521-10-35-00 Small Tools & Equipment $270.74 Total Invoice - 12/22/2023 8:53:56 AM $270.74 Total 0 $270.74 59471 2023 - December 2023 - December 2023 2nd Council Invoice - 12/13/2023 11:21:24 AM Clothing Allowance Reimbursement 001-000-210-521-10-20-01 Clothing Allowance $340.27 Total Invoice - 12/13/2023 11:21:24 AM $340.27 Invoice - 12/6/2023 1:54:10 PM Event Reimbursement 001-000-210-521-30-40-00 Crime Prevention $31.17 Total Invoice - 12/6/2023 1:54:10 PM $31.17 Total 59471 $371.44 Total Ivy Jurgensen $642.18 Printed by COEW\DSanchez on 12/28/2023 1:47:47 PM Page 11 of 29 East Wenatchee - Voucher Directory 01-02-2024 City Council Agenda Packet Page 15 of 84 Vendor Number Reference Account Number Description Amount Jerrilea Crawford 59472 2023 - December 2023 - December 2023 2nd Council Invoice - 12/15/2023 8:56:42 AM Staff Recognition Reimbursement 001-000-180-518-30-49-00 Miscellaneous $44.02 Total Invoice - 12/15/2023 8:56:42 AM $44.02 Total 59472 $44.02 Total Jerrilea Crawford $44.02 Josh Delay 0 2023 - December 2023 - December 2023 2nd Council Invoice - 12/22/2023 8:32:04 AM Planning - Petty Cash 001-000-580-558-60-31-00 Office Supplies $100.00 Total Invoice - 12/22/2023 8:32:04 AM $100.00 Total 0 $100.00 Total Josh Delay $100.00 JP Portrait Studio 59473 2023 - December 2023 - December 2023 2nd Council 4355 Business Headshots 001-000-110-511-60-31-00 Office Supplies $569.10 Total 4355 $569.10 Total 59473 $569.10 Total JP Portrait Studio $569.10 Justin Titus 59474 2023 - December 2023 - December 2023 2nd Council Invoice - 12/1/2023 12:57:50 PM 11/01-11/15 conflict cases 001-000-120-512-51-40-05 Judge Protems $375.00 Total Invoice - 12/1/2023 12:57:50 PM $375.00 Total 59474 $375.00 Total Justin Titus $375.00 Karsten Garcia 59475 2023 - December 2023 - December 2023 2nd Council Invoice - 12/12/2023 8:13:31 AM Clothing Allowance Reimbursement 001-000-210-521-10-20-01 Clothing Allowance $523.57 Total Invoice - 12/12/2023 8:13:31 AM $523.57 Total 59475 $523.57 Total Karsten Garcia $523.57 Printed by COEW\DSanchez on 12/28/2023 1:47:47 PM Page 12 of 29 East Wenatchee - Voucher Directory 01-02-2024 City Council Agenda Packet Page 16 of 84 Vendor Number Reference Account Number Description Amount Kelley Connect 59476 2023 - December 2023 - December 2023 2nd Council 35410055 001-000-141-514-20-31-01 Office Machine Costs $401.81 001-000-141-591-18-70-01 Copy Machine Lease $324.51 Total 35410055 $726.32 35516519 001-000-120-591-12-70-00 Copy Machine Lease $167.01 001-000-120-594-12-60-00 Capital Outlay $185.86 Total 35516519 $352.87 Total 59476 $1,079.19 Total Kelley Connect $1,079.19 Kevin Hernandez 59477 2023 - December 2023 - December 2023 2nd Council Invoice - 12/4/2023 1:33:08 PM Clothing Allowance Reimnbursement 001-000-210-521-10-20-01 Clothing Allowance $408.60 Total Invoice - 12/4/2023 1:33:08 PM $408.60 Total 59477 $408.60 Total Kevin Hernandez $408.60 Keyhole Security Center Inc 59478 2023 - December 2023 - December 2023 2nd Council 360549 Supplies 001-000-180-518-30-35-00 Small Tools & Equipment $11.28 Total 360549 $11.28 Total 59478 $11.28 Total Keyhole Security Center Inc $11.28 Landon Jensen 0 2023 - December 2023 - December 2023 2nd Council Invoice - 12/22/2023 8:38:01 AM 2023 Clothing Allowance Reimbursement 001-000-210-521-10-20-01 Clothing Allowance $443.36 Total Invoice - 12/22/2023 8:38:01 AM $443.36 Total 0 $443.36 Total Landon Jensen $443.36 Printed by COEW\DSanchez on 12/28/2023 1:47:47 PM Page 13 of 29 East Wenatchee - Voucher Directory 01-02-2024 City Council Agenda Packet Page 17 of 84 Vendor Number Reference Account Number Description Amount Language Line Services, Inc 59479 2023 - December 2023 - December 2023 2nd Council 11166102 Over the phone services 001-000-210-521-10-41-00 Professional Services $21.85 Total 11166102 $21.85 Total 59479 $21.85 Total Language Line Services, Inc $21.85 Les Schwab Tire Center Inc 0 2023 - December 2023 - December 2023 2nd Council 34301459878 Repairs 501-000-000-521-10-48-00 Police Vehicle Repairs & Maintenance $117.10 Total 34301459878 $117.10 Total 0 $117.10 Total Les Schwab Tire Center Inc $117.10 Let's Color Art Studio 59480 2023 - December 2023 - December 2023 2nd Council Invoice - 12/11/2023 8:04:23 AM Wings & Wishes 117-000-500-557-30-40-05 Christmas - Events & Decorations $184.45 Total Invoice - 12/11/2023 8:04:23 AM $184.45 Total 59480 $184.45 Total Let's Color Art Studio $184.45 Localtel Communications 59481 2023 - December 2023 - December 2023 2nd Council Invoice - 12/12/2023 12:54:20 PM Services 001-000-180-518-30-47-00 Utilities $433.20 Total Invoice - 12/12/2023 12:54:20 PM $433.20 Total 59481 $433.20 Total Localtel Communications $433.20 MG Consulting Services 59482 2023 - December 2023 - December 2023 2nd Council 300-03 Project Work 001-000-140-514-20-45-00 Professional Services $600.00 Total 300-03 $600.00 Total 59482 $600.00 Total MG Consulting Services $600.00 Printed by COEW\DSanchez on 12/28/2023 1:47:47 PM Page 14 of 29 East Wenatchee - Voucher Directory 01-02-2024 City Council Agenda Packet Page 18 of 84 Vendor Number Reference Account Number Description Amount Moon Security 0 2023 - December 2023 - December 2023 2nd Council 1221578 Security 001-000-210-521-10-41-00 Professional Services $83.94 Total 1221578 $83.94 Total 0 $83.94 59483 2023 - December 2023 - December 2023 2nd Council 1216280 Security 001-000-210-521-10-41-00 Professional Services $47.74 Total 1216280 $47.74 Total 59483 $47.74 Total Moon Security $131.68 North Cascades Heating & Air Conditioning, Inc 59484 2023 - December 2023 - December 2023 2nd Council 33230 2023 4th qrt 001-000-180-518-30-41-00 Professional Services $2,644.69 Total 33230 $2,644.69 Total 59484 $2,644.69 Total North Cascades Heating & Air Conditioning, Inc $2,644.69 Numerica Credit Union 59485 2023 - December 2023 - December 2023 2nd Council 11/2023 payment CC pmt 001-000-001-518-91-30-00 Wellness $45.95 Costco 001-000-001-518-91-30-00 Wellness $140.11 Costco 001-000-001-518-91-30-00 Wellness $200.08 Costco 001-000-110-511-60-40-00 Training $95.00 AWC 001-000-110-511-60-47-00 Background Check Costs $11.00 WSP 001-000-110-511-60-47-00 Background Check Costs $11.00 WSP 001-000-120-512-51-30-00 Supplies $162.64 Zoom 001-000-139-518-10-40-06 Miscellaneous $151.88 Costco 001-000-139-518-10-40-08 Professional Services $88.65 Embark Safety Printed by COEW\DSanchez on 12/28/2023 1:47:47 PM Page 15 of 29 East Wenatchee - Voucher Directory 01-02-2024 City Council Agenda Packet Page 19 of 84 Vendor Number Reference Account Number Description Amount 001-000-140-514-20-31-00 Office Supplies $86.73 Costco 001-000-140-514-20-31-01 Central Stores $39.75 Amazon 001-000-140-514-20-41-00 Membership Dues & Publications $135.00 MRSC 001-000-140-514-20-49-00 Miscellaneous $39.86 Office Depot 001-000-140-514-20-49-00 Miscellaneous $136.95 Office Depot 001-000-142-514-20-31-00 Office Supplies $43.39 Amazon 001-000-145-514-20-30-02 Non-Capital - PC Hardware Admin $79.19 Amazon 001-000-145-514-20-31-00 Supplies $51.83 Amazon 001-000-145-514-20-31-00 Supplies ($42.96) Amazon 001-000-151-515-31-40-01 Legal Research $423.15 Casetext 001-000-180-518-30-35-00 Small Tools & Equipment $21.17 Lowe's 001-000-180-518-30-48-00 Repairs & Maintenance $156.83 Lowe's 001-000-210-521-10-31-00 Office Supplies $97.10 Forensics 001-000-210-521-10-31-00 Office Supplies $269.70 Glaze 001-000-210-521-10-31-00 Office Supplies $34.00 Evident 001-000-210-521-10-31-00 Office Supplies $134.04 Amazon 001-000-210-521-10-31-00 Office Supplies $78.78 Amazon 001-000-210-521-10-31-00 Office Supplies $29.13 Amazon 001-000-210-521-10-31-00 Office Supplies $15.18 Amazon 001-000-210-521-10-31-00 Office Supplies $18.00 Evident 001-000-210-521-10-31-00 Office Supplies $58.00 Amazon 001-000-210-521-10-32-00 Fuel Consumed $67.47 Jackpot 001-000-210-521-10-35-00 Small Tools & Equipment $9.99 Browning Strike Printed by COEW\DSanchez on 12/28/2023 1:47:47 PM Page 16 of 29 East Wenatchee - Voucher Directory 01-02-2024 City Council Agenda Packet Page 20 of 84 Vendor Number Reference Account Number Description Amount 001-000-210-521-10-35-00 Small Tools & Equipment $79.50 Centrifuge Training 001-000-210-521-10-35-00 Small Tools & Equipment $49.26 Cheaper than dirt 001-000-210-521-10-41-00 Professional Services $14.85 Glaze 001-000-210-521-10-42-03 Postage $14.41 UPS 001-000-210-521-10-42-03 Postage $15.15 UPS 001-000-210-521-10-43-00 Travel $24.17 Subway 001-000-210-521-10-43-00 Travel $24.17 Subway 001-000-210-521-10-43-00 Travel $24.17 Subway 001-000-210-521-10-43-00 Travel $24.17 Subway 001-000-210-521-10-43-00 Travel $24.17 Subway 001-000-210-521-10-49-00 Miscellaneous $122.38 Fairfield 001-000-210-521-10-49-00 Miscellaneous $122.38 Fairfield 001-000-210-521-10-49-00 Miscellaneous $122.38 Fairfield 001-000-210-521-10-49-00 Miscellaneous $122.38 Fairfield 001-000-210-521-10-49-00 Miscellaneous $122.38 Fairfield 001-000-210-521-10-49-00 Miscellaneous $122.38 Fairfield 001-000-315-542-10-31-00 Office Supplies $26.34 Amazon 001-000-580-558-60-40-00 Training $30.00 APA 001-000-590-558-50-35-00 Small Tools & Equipment $97.63 Amazon 101-000-430-543-30-30-00 Supplies - General Services $516.34 Costco 107-000-000-521-10-30-00 Supplies & Equipment $1,137.50 Viktos 107-000-000-521-10-30-00 Supplies & Equipment $706.55 Go USA 117-000-100-557-30-44-00 Advertising $1,837.82 Displays2go Printed by COEW\DSanchez on 12/28/2023 1:47:47 PM Page 17 of 29 East Wenatchee - Voucher Directory 01-02-2024 City Council Agenda Packet Page 21 of 84 Vendor Number Reference Account Number Description Amount 117-000-100-594-58-64-00 EWEB Capital Outlay $1,170.75 Full Compass Systems 117-000-500-557-30-40-05 Christmas - Events & Decorations $24.87 FredMeyer 117-000-500-557-30-40-05 Christmas - Events & Decorations $32.91 Hobby Lobby 117-000-500-557-30-40-05 Christmas - Events & Decorations $11.37 Hobby Lobby 117-000-500-557-30-40-05 Christmas - Events & Decorations $855.12 LiteSource 117-000-500-557-30-40-05 Christmas - Events & Decorations $765.78 Litesource 501-000-000-548-30-48-20 Street Vehicle Repairs & Maintenance $14.22 TRP 501-000-000-548-30-48-20 Street Vehicle Repairs & Maintenance $181.98 Finditparts 501-000-000-594-48-60-20 Capital Outlay - Street Vehicles $2,705.00 Total 11/2023 payment $14,031.07 Total 59485 $14,031.07 Total Numerica Credit Union $14,031.07 Office Depot Credit Plan 59486 2023 - December 2023 - December 2023 2nd Council 342159219001 Supplies 001-000-140-514-20-31-01 Central Stores $111.86 Total 342159219001 $111.86 342245815001 Supplies 001-000-140-514-20-31-01 Central Stores $78.24 Total 342245815001 $78.24 342245817001 Supplies 001-000-140-514-20-31-01 Central Stores $54.66 Total 342245817001 $54.66 Total 59486 $244.76 Total Office Depot Credit Plan $244.76 One Call Concepts, Inc 59487 2023 - December 2023 - December 2023 2nd Council 3119072 Supplies 101-000-420-542-63-47-00 Utilities - Street Lighting $14.44 Printed by COEW\DSanchez on 12/28/2023 1:47:47 PM Page 18 of 29 East Wenatchee - Voucher Directory 01-02-2024 City Council Agenda Packet Page 22 of 84 Vendor Number Reference Account Number Description Amount 401-000-008-531-00-40-06 Utilities $14.45 Total 3119072 $28.89 Total 59487 $28.89 Total One Call Concepts, Inc $28.89 OneBridge Benefits 59488 2023 - December 2023 - December 2023 2nd Council INV-2288 001-000-142-514-20-40-00 State Audit $550.00 Total INV-2288 $550.00 Total 59488 $550.00 Total OneBridge Benefits $550.00 O'Reilly 0 2023 - December 2023 - December 2023 2nd Council 2521-411638 Supplies 501-000-000-521-10-48-00 Police Vehicle Repairs & Maintenance $104.11 Total 2521-411638 $104.11 2521-411649 Supplies 501-000-000-521-10-48-00 Police Vehicle Repairs & Maintenance $296.83 Total 2521-411649 $296.83 2521-411807 Supplies 501-000-000-521-10-48-00 Police Vehicle Repairs & Maintenance $510.23 Total 2521-411807 $510.23 2521-412078 Supplies 501-000-000-521-10-48-00 Police Vehicle Repairs & Maintenance $16.44 Total 2521-412078 $16.44 2521-414096 Supplies 501-000-000-521-10-48-00 Police Vehicle Repairs & Maintenance $103.61 Total 2521-414096 $103.61 Total 0 $1,031.22 59489 2023 - December 2023 - December 2023 2nd Council 2521-409808 Supplies 501-000-000-521-10-48-00 Police Vehicle Repairs & Maintenance $141.04 Total 2521-409808 $141.04 Printed by COEW\DSanchez on 12/28/2023 1:47:47 PM Page 19 of 29 East Wenatchee - Voucher Directory 01-02-2024 City Council Agenda Packet Page 23 of 84 Vendor Number Reference Account Number Description Amount 2521-410107 Supplies 501-000-000-521-10-48-00 Police Vehicle Repairs & Maintenance $89.50 Total 2521-410107 $89.50 2521-410238 Supplies 101-000-420-542-66-48-00 Repairs & Maintenance - Snow & Ice Control $187.16 Total 2521-410238 $187.16 2521-411201 Supplies 501-000-000-548-30-30-25 Street Vehicle Repair Supplies $494.46 Total 2521-411201 $494.46 2521-412451 Supplies 501-000-000-521-10-48-00 Police Vehicle Repairs & Maintenance $4.26 Total 2521-412451 $4.26 2521-412980 Supplies 501-000-000-548-30-48-20 Street Vehicle Repairs & Maintenance $10.13 Total 2521-412980 $10.13 Total 59489 $926.55 Total O'Reilly $1,957.77 Pape Machinery, Inc 59490 2023 - December 2023 - December 2023 2nd Council 14943147 101-000-420-542-66-48-00 Repairs & Maintenance - Snow & Ice Control $257.49 Total 14943147 $257.49 Total 59490 $257.49 Total Pape Machinery, Inc $257.49 Parker Corporation Services, INC DBA Merchant Patrol Security 59491 2023 - December 2023 - December 2023 2nd Council 49287 Seucirty 001-000-120-512-51-40-08 Security $538.35 Total 49287 $538.35 Total 59491 $538.35 Total Parker Corporation Services, INC DBA Merchant Patrol Security $538.35 Pat Armstrong Ford Inc. 0 2023 - December 2023 - December 2023 2nd Council FOCS70461 501-000-000-548-30-48-20 Street Vehicle Repairs & Maintenance $445.79 Total FOCS70461 $445.79 Total 0 $445.79 Printed by COEW\DSanchez on 12/28/2023 1:47:47 PM Page 20 of 29 East Wenatchee - Voucher Directory 01-02-2024 City Council Agenda Packet Page 24 of 84 Vendor Number Reference Account Number Description Amount 59492 2023 - December 2023 - December 2023 2nd Council 41925 Police Repairs 501-000-000-521-10-48-00 Police Vehicle Repairs & Maintenance $56.16 Total 41925 $56.16 FOCS67269 Police Repairs 501-000-000-521-10-48-00 Police Vehicle Repairs & Maintenance $142.96 Total FOCS67269 $142.96 FOCS69696 Police Repairs 501-000-000-521-10-48-00 Police Vehicle Repairs & Maintenance $1,978.43 Total FOCS69696 $1,978.43 FOCS69832 Police Repairs 501-000-000-521-10-48-00 Police Vehicle Repairs & Maintenance $1,964.30 Total FOCS69832 $1,964.30 FOCS70076 Police Repairs 501-000-000-521-10-48-00 Police Vehicle Repairs & Maintenance $92.93 Total FOCS70076 $92.93 Total 59492 $4,234.78 Total Pat Armstrong Ford Inc.$4,680.57 Patrick McMahon 59493 2023 - December 2023 - December 2023 2nd Council Invoice - 12/1/2023 12:59:16 PM 12/01/2023 conflict case 001-000-120-512-51-40-05 Judge Protems $150.00 Total Invoice - 12/1/2023 12:59:16 PM $150.00 Total 59493 $150.00 Total Patrick McMahon $150.00 Perteet Engineering, Inc 59494 2023 - December 2023 - December 2023 2nd Council 20210312.0001-10 4rd/RI Road Signal 301-000-000-595-30-60-12 Construction - TIB 3rd/RI Road Signal $2,500.97 Total 20210312.0001-10 $2,500.97 Total 59494 $2,500.97 Total Perteet Engineering, Inc $2,500.97 Printed by COEW\DSanchez on 12/28/2023 1:47:47 PM Page 21 of 29 East Wenatchee - Voucher Directory 01-02-2024 City Council Agenda Packet Page 25 of 84 Vendor Number Reference Account Number Description Amount Planning Association of Washington 59495 2023 - December 2023 - December 2023 2nd Council 2768 Perry membership 001-000-580-558-60-40-01 Dues & Subscriptions $75.00 Total 2768 $75.00 2739 Curtis membership 001-000-580-558-60-40-01 Dues & Subscriptions $75.00 Total 2739 $75.00 Total 59495 $150.00 Total Planning Association of Washington $150.00 Pomp's Tire Service 0 2023 - December 2023 - December 2023 2nd Council 1940004823 501-000-000-521-10-48-00 Police Vehicle Repairs & Maintenance $1,032.82 Total 1940004823 $1,032.82 Total 0 $1,032.82 59496 2023 - December 2023 - December 2023 2nd Council 1940004822 Repairs 501-000-000-521-10-48-00 Police Vehicle Repairs & Maintenance $780.12 Total 1940004822 $780.12 Total 59496 $780.12 Total Pomp's Tire Service $1,812.94 Puget Sound Truck Sales Inc 59520 2023 - December 2023 - December 2023 2nd Council 5189 Axle Truck 501-000-000-594-48-60-20 Capital Outlay - Street Vehicles $119,223.75 Total 5189 $119,223.75 Total 59520 $119,223.75 Total Puget Sound Truck Sales Inc $119,223.75 QCL 59497 2023 - December 2023 - December 2023 2nd Council 55756 11/16/23 testing 101-000-430-544-90-49-01 Training $280.00 Total 55756 $280.00 Total 59497 $280.00 Total QCL $280.00 Printed by COEW\DSanchez on 12/28/2023 1:47:47 PM Page 22 of 29 East Wenatchee - Voucher Directory 01-02-2024 City Council Agenda Packet Page 26 of 84 Vendor Number Reference Account Number Description Amount Randy's Auto Parts & Towing 59498 2023 - December 2023 - December 2023 2nd Council 18934 Towing 001-000-210-521-10-41-00 Professional Services $194.94 Total 18934 $194.94 Total 59498 $194.94 Total Randy's Auto Parts & Towing $194.94 Rh2 Engineering, Inc. 59499 2023 - December 2023 - December 2023 2nd Council 93832 Grant Rd National Hwy 301-000-000-595-10-60-00 Design - NHS Overlay Grover to Kentucky $1,501.96 Total 93832 $1,501.96 93837 Grant Rd National Hwy 301-000-000-595-10-60-00 Design - NHS Overlay Grover to Kentucky $22,483.13 Total 93837 $22,483.13 93838 Grant Rd National Hwy 301-000-000-595-10-60-00 Design - NHS Overlay Grover to Kentucky $14,820.63 301-000-000-595-10-60-01 NHFP Grant Road Overlay - VMP to Grover $475.35 Total 93838 $15,295.98 94073 General Eng Services 001-000-315-544-20-45-00 Engineering Support Services $176.30 Total 94073 $176.30 Total 59499 $39,457.37 Total Rh2 Engineering, Inc.$39,457.37 Rivercom 59500 2023 - December 2023 - December 2023 2nd Council Invoice - 12/6/2023 1:57:42 PM 12/2023 pmt 001-000-001-528-70-40-00 River Com $14,670.13 Total Invoice - 12/6/2023 1:57:42 PM $14,670.13 Total 59500 $14,670.13 Total Rivercom $14,670.13 Printed by COEW\DSanchez on 12/28/2023 1:47:47 PM Page 23 of 29 East Wenatchee - Voucher Directory 01-02-2024 City Council Agenda Packet Page 27 of 84 Vendor Number Reference Account Number Description Amount Salt Distributors 0 2023 - December 2023 - December 2023 2nd Council 5690 Salt 101-000-420-542-66-30-00 Supplies - Snow & Ice Control $18,142.14 Total 5690 $18,142.14 Total 0 $18,142.14 Total Salt Distributors $18,142.14 Selland Construction, Inc 59502 2023 - December 2023 - December 2023 2nd Council Invoice - 12/18/2023 12:22:25 PM Pay Estimate 5 301-000-000-595-30-60-12 Construction - TIB 3rd/RI Road Signal $42,750.01 Total Invoice - 12/18/2023 12:22:25 PM $42,750.01 Total 59502 $42,750.01 Total Selland Construction, Inc $42,750.01 Sew Rite Alterations 59503 2023 - December 2023 - December 2023 2nd Council 43846 Amici 001-000-210-521-10-41-00 Professional Services $27.18 Total 43846 $27.18 47228 Cooper 001-000-210-521-10-41-00 Professional Services $21.74 Total 47228 $21.74 47463 Jensen 001-000-210-521-10-41-00 Professional Services $65.22 Total 47463 $65.22 Total 59503 $114.14 Total Sew Rite Alterations $114.14 State Auditor's Office 59504 2023 - December 2023 - December 2023 2nd Council L157912 11/2023 audit 001-000-142-514-20-40-00 State Audit $1,165.71 Total L157912 $1,165.71 Total 59504 $1,165.71 Total State Auditor's Office $1,165.71 Printed by COEW\DSanchez on 12/28/2023 1:47:47 PM Page 24 of 29 East Wenatchee - Voucher Directory 01-02-2024 City Council Agenda Packet Page 28 of 84 Vendor Number Reference Account Number Description Amount SWS Equipment 0 2023 - December 2023 - December 2023 2nd Council 0163500-IN Supplies 401-000-008-531-00-40-04 Repairs & Maint. - NPDES PPGH $2,451.24 Total 0163500-IN $2,451.24 Total 0 $2,451.24 Total SWS Equipment $2,451.24 Tammy M Patterson 59505 2023 - December 2023 - December 2023 2nd Council 00031 12/2023 civil services 001-000-160-521-10-10-00 Salaries $425.00 Total 00031 $425.00 Total 59505 $425.00 Total Tammy M Patterson $425.00 Thompson Towing 59506 2023 - December 2023 - December 2023 2nd Council 11028 Towing 501-000-000-594-48-60-20 Capital Outlay - Street Vehicles $439.97 Total 11028 $439.97 Total 59506 $439.97 Total Thompson Towing $439.97 UPS 59507 2023 - December 2023 - December 2023 2nd Council 0000E4975C473 Postage 001-000-210-521-10-42-03 Postage $11.62 Total 0000E4975C473 $11.62 0000E4975C483 Postage 001-000-210-521-10-42-03 Postage $57.96 Total 0000E4975C483 $57.96 0000E4975C493 Postage 001-000-210-521-10-42-03 Postage $4.92 Total 0000E4975C493 $4.92 Total 59507 $74.50 Total UPS $74.50 Printed by COEW\DSanchez on 12/28/2023 1:47:47 PM Page 25 of 29 East Wenatchee - Voucher Directory 01-02-2024 City Council Agenda Packet Page 29 of 84 Vendor Number Reference Account Number Description Amount Verizon Wireless 59508 2023 - December 2023 - December 2023 2nd Council 9950838651 Phone bill 001-000-210-521-10-42-01 Telephone $1,312.56 Total 9950838651 $1,312.56 Total 59508 $1,312.56 Total Verizon Wireless $1,312.56 Vision Municipal Solutions, Llc 59509 2023 - December 2023 - December 2023 2nd Council 09-13650 Vision Software 001-000-145-514-20-40-30 Annual Fee - Vision Financial Software $7,487.00 Total 09-13650 $7,487.00 Total 59509 $7,487.00 Total Vision Municipal Solutions, Llc $7,487.00 VPR Services, LLC 59510 2023 - December 2023 - December 2023 2nd Council 2023004 2023 Pavement Condition Survey 105-000-000-595-90-61-00 Pavement Ratings $5,920.00 Total 2023004 $5,920.00 Total 59510 $5,920.00 Total VPR Services, LLC $5,920.00 Washington Association 59511 2023 - December 2023 - December 2023 2nd Council 14627 Membership Renewal 2024 001-000-590-558-50-40-01 Dues & Subscriptions $105.00 Total 14627 $105.00 Total 59511 $105.00 Total Washington Association $105.00 Washington State Department of Licensing 59512 2023 - December 2023 - December 2023 2nd Council Invoice - 12/13/2023 12:23:54 PM CPL's 635-000-000-589-30-00-03 Gun Permit State Remittance $21.00 EWP003254 635-000-000-589-30-00-03 Gun Permit State Remittance $18.00 EWP003256 635-000-000-589-30-00-03 Gun Permit State Remittance $18.00 EWP003269 Printed by COEW\DSanchez on 12/28/2023 1:47:47 PM Page 26 of 29 East Wenatchee - Voucher Directory 01-02-2024 City Council Agenda Packet Page 30 of 84 Vendor Number Reference Account Number Description Amount 635-000-000-589-30-00-03 Gun Permit State Remittance $18.00 EWP003257 635-000-000-589-30-00-03 Gun Permit State Remittance $18.00 EWP003255 635-000-000-589-30-00-03 Gun Permit State Remittance $18.00 EWP003252 635-000-000-589-30-00-03 Gun Permit State Remittance $18.00 EWP003268 635-000-000-589-30-00-03 Gun Permit State Remittance $18.00 EWP003258 635-000-000-589-30-00-03 Gun Permit State Remittance $18.00 EWP003266 635-000-000-589-30-00-03 Gun Permit State Remittance $18.00 EWP003260 635-000-000-589-30-00-03 Gun Permit State Remittance $18.00 EWP003267 635-000-000-589-30-00-03 Gun Permit State Remittance $18.00 EWP003262 635-000-000-589-30-00-03 Gun Permit State Remittance $18.00 EWP003263 635-000-000-589-30-00-03 Gun Permit State Remittance $18.00 EWP003253 635-000-000-589-30-00-03 Gun Permit State Remittance $21.00 EWP003261 Total Invoice - 12/13/2023 12:23:54 PM $276.00 Total 59512 $276.00 Total Washington State Department of Licensing $276.00 Washington State Department of Transportation 0 2023 - December 2023 - December 2023 2nd Council RE 42 JB2234 L214 101-000-420-542-63-47-00 Utilities - Street Lighting $1,729.73 Total RE 42 JB2234 L214 $1,729.73 Total 0 $1,729.73 Total Washington State Department of Transportation $1,729.73 Washington State Patrol 59513 2023 - December 2023 - December 2023 2nd Council I2403094 635-000-000-589-30-00-03 Gun Permit State Remittance $148.00 Total I2403094 $148.00 Total 59513 $148.00 Total Washington State Patrol $148.00 Printed by COEW\DSanchez on 12/28/2023 1:47:47 PM Page 27 of 29 East Wenatchee - Voucher Directory 01-02-2024 City Council Agenda Packet Page 31 of 84 Vendor Number Reference Account Number Description Amount Washington State Transportation Improvement Board 59514 2023 - December 2023 - December 2023 2nd Council RE 42 JB2234 L210 101-000-420-542-63-47-00 Utilities - Street Lighting $739.94 Total RE 42 JB2234 L210 $739.94 Total 59514 $739.94 Total Washington State Transportation Improvement Board $739.94 Washington State Treasurer 0 2023 - December 2023 - December 2023 2nd Council Invoice - 12/22/2023 10:36:05 AM 11/30/2023 deposits 635-000-000-586-00-00-01 Court Remittance $13,959.69 635-000-000-589-30-00-02 Building Code Remittance $101.00 Total Invoice - 12/22/2023 10:36:05 AM $14,060.69 Total 0 $14,060.69 Total Washington State Treasurer $14,060.69 Waxie Sanitary Supply 59515 2023 - December 2023 - December 2023 2nd Council 82144292 Supplies 001-000-180-518-30-31-07 Cleaning Supplies - Simon St.$285.86 Total 82144292 $285.86 Total 59515 $285.86 Total Waxie Sanitary Supply $285.86 Woods, Brangwin, & Bratton, PLLC 59516 2023 - December 2023 - December 2023 2nd Council Invoice - 12/7/2023 1:33:33 PM 11/2023 pmt 001-000-110-511-60-30-00 Public Defender Conflicts $657.00 Total Invoice - 12/7/2023 1:33:33 PM $657.00 Invoice - 12/7/2023 8:50:17 AM 10/2023 adjustments 001-000-110-511-60-30-00 Public Defender Conflicts $22.50 Total Invoice - 12/7/2023 8:50:17 AM $22.50 Total 59516 $679.50 Total Woods, Brangwin, & Bratton, PLLC $679.50 Ziply Fiber 59517 2023 - December 2023 - December 2023 2nd Council Invoice - 12/15/2023 12:44:58 PM 509-884-5447-062597-5 001-000-180-518-30-47-01 Utilities - Simon St.$66.27 Total Invoice - 12/15/2023 12:44:58 PM $66.27 Printed by COEW\DSanchez on 12/28/2023 1:47:47 PM Page 28 of 29 East Wenatchee - Voucher Directory 01-02-2024 City Council Agenda Packet Page 32 of 84 Vendor Number Reference Account Number Description Amount Invoice - 12/6/2023 1:59:13 PM 509-884-4027-121506-5 001-000-210-521-10-42-01 Telephone $177.66 Total Invoice - 12/6/2023 1:59:13 PM $177.66 Invoice - 12/7/2023 8:51:08 AM 509-884-0489-090294-5 001-000-180-518-30-47-00 Utilities $464.18 112-000-000-572-50-47-00 Facilities - Utilities $464.18 Total Invoice - 12/7/2023 8:51:08 AM $928.36 Invoice - 12/7/2023 8:51:51 AM 509-884-5308-041394-5 101-000-420-542-64-47-00 Utilities - Traffic Control Devices $94.78 Total Invoice - 12/7/2023 8:51:51 AM $94.78 Invoice - 12/7/2023 8:52:20 AM 509-884-3132-110891-5 101-000-420-542-64-47-00 Utilities - Traffic Control Devices $65.53 Total Invoice - 12/7/2023 8:52:20 AM $65.53 Invoice - 12/7/2023 8:52:41 AM 509-884-5236-041394-5 101-000-420-542-64-47-00 Utilities - Traffic Control Devices $89.53 Total Invoice - 12/7/2023 8:52:41 AM $89.53 Total 59517 $1,422.13 Total Ziply Fiber $1,422.13 Grand Total Vendor Count 88 $1,012,806.96 Printed by COEW\DSanchez on 12/28/2023 1:47:47 PM Page 29 of 29 East Wenatchee - Voucher Directory 01-02-2024 City Council Agenda Packet Page 33 of 84 MINUTES CITY COUNCIL REGULAR MEETING Tuesday, December 05, 2023 Zoom and City Hall, 271 9th St NE, East Wenatchee, WA 1. CALL TO ORDER Mayor Crawford called the East Wenatchee City Council meeting to order at 6:00 p.m. 2. PLEDGE OF ALLEGIANCE Members of the local Girl Scout Troops led the Pledge of Allegiance. 3. ROLL CALL Councilmembers Present: Mayor Crawford Councilmember Harry Raab Councilmember Sasha Sleiman Councilmember John Sterk Councilmember Christine Johnson Councilmember Shayne Magdoff Councilmember Matt Hepner (Via Zoom) Councilmember Rob Tidd 4. OATH OF OFFICE CEREMONY a. City Clerk Anna Laura Leon administered the ceremonial Oath of Office to Mayor Jerrilea Crawford. Mayor Crawford administered the ceremonial Oath of Office to the newly elected and reelected Councilmembers: • City Council Position I, Mark Botello. • City Council Position II, Ken Arnold. • City Council Position V, Shayne Magdoff. • City Council Position VI, Christine Johnson. As a full quorum was present, and per The City of East Wenatchee Council Rules of Procedure 8.1(d): Councilmember Rob Tidd moved to take Ordinance 2023-19, Parking; off the table allowing the matter to be placed on the agenda. Councilmember Magdoff seconded the motion. Motion passed unanimously. 5. CONSENT AGENDA a. OMNIA Partners - Cyber Security Solutions and Associated Products & Services Agreement. b. Approval of Voucher Report, 59385-59435, in the amount of $2,680,916.33. c. Approval of Minutes of the November 16, 2023, City Council Workshop. d. Approval of Minutes of the November 21, 2023, City Council Meeting. 01-02-2024 City Council Agenda Packet Page 34 of 84 Motion by Councilmember Tidd to approve consent items as amended; to include Ordinance 2023-19, Parking, on the agenda as action item 9c. Councilmember Johnson seconded the motion. Motion passed unanimously. 6. CITIZEN COMMENTS None. 7. PRESENTATIONS a. Mayor Crawford recognized Councilmember Sterk and Councilmember Raab for their respective years of service as City Councilmembers for the City of East Wenatchee. 8. PUBLIC HEARING a. Mayor Crawford opened the public hearing at 6:24 p.m. to obtain comment on the “City of East Wenatchee 2022 Consolidated Annual Performance & Evaluation Report (2022 CAPER). Community Development Director Curtis Lillquist provided the Staff Report. Mayor Crawford asked for public comment. No comments were received from the public. Comments provided by Councilmember Magdoff. Mayor Crawford closed the public hearing at 6:26 p.m. Motion by Councilmember Tidd to approve Resolution 2023-57, adopting the City of East Wenatchee 2022 Consolidated Annual Performance and Evaluation Report and authorizing Mayor Crawford to sign all required HUD certifications. Councilmember Sleiman seconded the motion. Motion passed unanimously. 9. ACTION ITEMS a. Finance Manager Josh DeLay presented Ordinance 2023-17, amending Ordinance 2022- 28, which set the City of East Wenatchee 2023 Budget. Comments by Councilmember Johnson. Motion by Councilmember Johnson to approve Ordinance 2023-17, amending Ordinance No. 2022-28, which set the City of East Wenatchee 2023 budget as presented. Councilmember Magdoff seconded the motion. Motion passed unanimously. b. Finance Manager Josh DeLay presented Ordinance 2023-18, Garbage, Sewer, and Water Utility Tax Additions. Comment by Councilmember Magdoff. Motion by Councilmember Tidd to approve Ordinance 2023-18, amending Chapter 4.32 of the East Wenatchee Municipal Code to add garbage, sewer, and water as occupations subject to the City’s Utility Tax. Councilmember Magdoff seconded the motion. Motion passed unanimously. (5-1) Sterk. 01-02-2024 City Council Agenda Packet Page 35 of 84 c. Assistant City Attorney Sean Lewis presented Ordinance 2023-19, amending East Wenatchee Municipal Code Section 10.08, Parking. Comments by Councilmember Tidd, Councilmember Magdoff, Councilmember Sterk, Councilmember Raab, and Councilmember Hepner. Motion by Councilmember Sleiman to approve Ordinance 2023-19, amending East Wenatchee Municipal Code Chapter as presented, except for 10.08.100 Pleasure Vehicles. Councilmember Magdoff seconded the motion. (4-3) (Sterk, Tidd, Rabb). Motion carried. d. Finance Manager Josh DeLay presented Resolution 2023-58, Chelan County Regional Justice Center Interlocal Agreement. Comments by Councilmember Sterk. Motion by Councilmember Sleiman to approve Resolution 2023-58, authorizing Mayor Crawford to execute an Interlocal Agreement with Chelan County Regional Justice Center as presented in Exhibit A. Councilmember Tidd seconded the motion. Motion passed unanimously. e. City Clerk Anna Laura León presented the Review of a Street Banner Application. Motion by Councilmember Tidd to approve the Street Banner Application presented in Exhibit A. Councilmember Sleiman seconded the motion. Motion passed unanimously. 10. MAYOR’S REPORT a. Public Works Manager Garren Melton shared the City had been awarded a grant from the Transportation Improvement Board for $2.5 Million that would fund improvements on 5th Street from N Baker Ave to N. Kentucky Ave. b. Mayor Crawford shared she would not be able to attend the Clean Energy Expo hosted by the Douglas County PUD on Thursday December 14th and requested Councilmembers attend in her absence. c. Mayor Crawford shared the annual Employee Holiday Luncheon would take place on Thursday December 14th from 12 pm to 1:30pm and invited Councilmembers to attend. d. Mayor Crawford shared information on the Wings N Wishes Tree Lighting Holiday Event taking place on Thursday, December 7th from 6-8pm, and Santa’s Ride around town event being held on Saturday, December 9th from 1-3pm. 11. COUNCIL REPORTS & ANNOUNCEMENTS a. Councilmember Tidd inquired if the Council Meeting scheduled for Tuesday, January 2nd would be canceled or if it would be held on the respective date. b. Councilmember Magdoff provided an update on the Housing Authority of Chelan County and the City of Wenatchee. c. Councilmember Sleiman shared the Wenatchee Chamber of Commerce would be hosting ‘Coffee and Commerce - Legislative Preview’ on Tuesday, December 12th at 8 a.m. and the State Legislators representing the Wenatchee Valley were expected to attend. d. Both Councilmember Raab and Councilmember Sterk shared their appreciation for serving as Councilmembers. 01-02-2024 City Council Agenda Packet Page 36 of 84 12. ADJOURNMENT With no further business, the meeting adjourned at 7:20 p.m. Jerrilea Crawford, Mayor Attest: Anna Laura Leon, City Clerk 01-02-2024 City Council Agenda Packet Page 37 of 84 CHRISTMAS T REE LIGHTING WINGS 'N WISHES Approximate Statistics: 8 Volunteers | 7 Organizations | 40 Children sang Christmas carol s 300 Candy Canes | 130 Letters to Santa | 163 Stickers handed out 300+ People saw Santa | Santa, the Grinch & Buddy The Elf Letters to Santa were mailed to the North Pole and children should receive letters back from Santa. R E C A P O F D E C E M B E R 7 & 9 E V E N T S 01-02-2024 City Council Agenda Packet Page 38 of 84 East Wenatchee Council Agenda Bill To: Mayor Crawford and Council From/Presenter: Garren Melton, Public Works Manager Subject: Resolution 2024-01: North Baker Ave Emergency Repair Public Works Board Loan/Grant – Project Number 2023-10 Date: January 2, 2024 I. Summary Title: A Resolution of the City of East Wenatchee, Washington authorizing Mayor Crawford to enter into an agreement with the Public Works Board authorizing loan and Grant funds to the City of East Wenatchee for stormwater repairs on N Baker Ave. II. Background/History: In Fall, 2023 City staff noted settling occurring in the 1100 block of North Baker Ave. Investigation indicated a corroded corrugated metal stormwater line was likely the cause of the settling. • In September 2023, significant sinking of the road surface was observed at the 1100th block of North Baker Avenue, leading to an urgent investigation by City staff. Upon gathering camera footage of the stormwater line directly underneath the sinkage, it was discovered that the underlying stormwater line was compromised, evident by its unexpected fullness of water. The situation was made worse by a constant flow of a natural spring directly into the line. Emergency intervention was implemented. Redirection of the natural spring into an undamaged parallel storm line on North Baker, 600ft of the damaged pipe was sectioned off and extracted. This emergency response was crucial due to the escalating sinkage and the substantial water flow that was posing threats of road collapse. • Final cost from KRCI came in under budget at $141,472.61. • The City filed an emergency funding request with the Public Works Board, seeking $175,000 for the cost of the repairs. This measure aimed to alleviate the financial strain on the stormwater account. • From the Public Works Board, the City received a grant of $26,250 and a loan of $148,750. The loan, carrying a 1.38% interest rate, is structured to be repayable over a 20-year period. City of 01-02-2024 City Council Agenda Packet Page 39 of 84 III. Recommended Action: Approve Resolution 2024-01, authorizing Mayor Crawford to enter into an agreement with the Public Works Board, authorizing loan and grant funds to the City of East Wenatchee for emergency stormwater repairs on North Baker Avenue. IV. Exhibits: a. Public Works Board Emergency Funding Contract – PE24-96103-004 b. KRCI Invoice P410-01 Financial Data Expenditure Required Amount Budgeted Appropriation Required Estimate: $141,472.61 $170,000 Yes 01-02-2024 City Council Agenda Packet Page 40 of 84 City of East Wenatchee Resolution 2024-01 with Exhibit A and Exhibit B 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. 2024-01 A Resolution of the City of East Wenatchee, Washington authorizing Mayor Crawford to enter into an agreement with the Public Works Board authorizing loan and grant funds to the City of East Wenatchee for stormwater repairs on North Baker Avenue. 1. Alternate format. 1.1. Para leer este documento en otro formato (español, Braille, leer en voz alta, etc.), póngase en contacto 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. 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 declaration of emergency and the emergency contract between the Public Works Board and the City of East Wenatchee. 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. 01-02-2024 City Council Agenda Packet Page 41 of 84 City of East Wenatchee Resolution 2024-01 with Exhibit A and Exhibit B 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 _______________, 2024. The City of East Wenatchee, Washington By ________________________ Jerrilea Crawford, Mayor Attest: ___________________________ Anna Laura Leon, City Clerk Approved as to form only: ___________________________ Sean Lewis, Asst. City Attorney Filed with the City Clerk: 12-21-2023 Passed by the City Council: __________ Effective Date: __________ 01-02-2024 City Council Agenda Packet Page 42 of 84 CONTRACT FACE SHEET Contract Number: PE24-96103-004 PUBLIC WORKS BOARD EMERGENCY FUNDING CONTRACT 1. Contractor 2. Contractor Doing Business As (optional) City of East Wenatchee 271 9th St NE East Wenatchee, WA 98802-4438 N/A 3. Contractor Representative 4. Public Works Board Representative N/A N/A 5. Contract Amount 6. Funding Source 7. Contract Start Date 8. Contract End Date $175,000.00 Federal:State: Other: N/A: Contract Execution Date June 1, 2043 9. Federal Funds (as applicable) N/A Federal Agency N/A CFDA Number N/A 10. Tax ID #11. SWV #12. UBI #13. UEI # N/A SWV0003756-00 601-140-637 N/A 14. Contract Purpose Fund a project of a local government for the planning, acquisition, construction, repair, reconstruction, replacement, rehabilitation, or improvement of streets, roads, bridges, drinking water systems, stormwater systems, sanitary sewage systems, or solid waste facilities, including recycling facilities. The Board, defined as the Washington State Public Works Board and Contractor acknowledge and accept the terms of this Contract and attachments and have executed this Contract on the date below to start as of the date and year last written below. The rights and obligations of both parties to this Contract are governed by this Contract and the following other documents incorporated by reference: Contract Terms and Conditions including Declarations Page, and Attachment I: Attorney’s Certification. FOR THE CONTRACTOR FOR PUBLIC WORKS BOARD Signature Print Name Title Date Kathryn A. Gardow, Public Works Board Chair Date APPROVED AS TO FORM ONLY 09-14-2023 Dawn Cortez Assistant Attorney General Signature on file EXHIBIT A 01-02-2024 City Council Agenda Packet Page 43 of 84 2 DECLARATIONS CLIENT INFORMATION Legal Name: City of East Wenatchee Contract Number:PC24-96103-004 PROJECT INFORMATION Project Title: N Baker Ave Emergency Stormwater Repairs Project City: East Wenatchee Project State: Washington Project Zip Code: 98802 Project Area: 900-1500 Block of N Baker Ave FUNDING INFORMATION LOAN FUNDING Loan Amount: $148,750.00 Loan Term, if applicable: 20 years Interest Rate: 1.38% Payment Month: June 1 GRANT FUNDING Grant Amount: $26,250.00 PROJECT TOTALS Total Estimated Funding:$175,000.00 Total Estimated Cost:$175,000.00 Contract Earliest Date for Construction Reimbursement: October 2, 2023 Contract Time of Performance: 12 months from Execution Date of this Contract to Project Completion. ADDITIONAL SPECIAL TERMS AND CONDITIONS GOVERNING THIS CONTRACT n/a LOAN SECURITY CONDITION GOVERNING THIS CONTRACT This loan is a general obligation of the CONTRACTOR. SCOPE OF WORK The project will remove 600 linear feet of failed stormwater pipe, replace an existing brick manhole, reroute the water flow to another storm line that runs parallel to the failed pipe, backfill and compact the trench, and repave the street. The project costs may include but are not limited to: engineering, cultural and historical resources, environmental documentation, review, permits, public involvement, bid documents and construction. The project needs to meet all applicable Local, State, and/or Federal standards. EXHIBIT A 01-02-2024 City Council Agenda Packet Page 44 of 84 3 This page is intentionally blank EXHIBIT A 01-02-2024 City Council Agenda Packet Page 45 of 84 TABLE OF CONTENTS CONTRACT TERMS AND CONDITIONS ................................................................................. 1 Part 1. SPECIAL TERMS AND CONDITIONS ........................................................................ 1 1.1 Definitions .............................................................................................................................1 1.2 Authority ................................................................................................................................1 1.3 Purpose .................................................................................................................................1 1.4 Order of Precedence ............................................................................................................1 1.5 Competitive Bidding Requirements ...................................................................................1 1.6 Default in Repayment ...........................................................................................................2 1.7 Sub-Contractor Data Collection ..........................................................................................2 1.8 Eligible Project Costs ...........................................................................................................2 1.9 Historical and Cultural Resources ......................................................................................2 1.10 Project Completion Amendment and Certified Project Completion Report ...................3 1.11 Rate and Term of Loan .........................................................................................................3 1.12 Recapture ..............................................................................................................................3 1.13 Reimbursement Procedures and Payment ........................................................................3 1.14 Repayment ............................................................................................................................5 1.15 Reports ..................................................................................................................................5 1.16 Termination for Cause .........................................................................................................5 1.17 Termination for Convenience ..............................................................................................5 1.18 Time of Performance ............................................................................................................5 1.19 Contract Suspension ...........................................................................................................6 1.20 Special Conditions ...............................................................................................................6 1.21 Loan Security ........................................................................................................................6 Part 2. GENERAL TERMS AND CONDITIONS ...................................................................... 7 2.1 DEFINITIONS ..........................................................................................................................7 2.2 ALLOWABLE COSTS ............................................................................................................7 2.3 ALL WRITINGS CONTAINED HEREIN .................................................................................7 2.4 AMENDMENTS .......................................................................................................................7 2.5 AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, also referred to as the “ADA” 28 CFR Part 35 .....................................................................................7 2.6 APPROVAL .............................................................................................................................7 2.7 ASSIGNMENT .........................................................................................................................7 2.8 ATTORNEYS’ FEES ...............................................................................................................8 2.9 AUDIT ......................................................................................................................................8 2.10 CODE REQUIREMENTS .......................................................................................................8 2.11 CONFIDENTIALITY/SAFEGUARDING OF INFORMATION ................................................8 2.12 CONFORMANCE ...................................................................................................................9 2.13 COPYRIGHT PROVISIONS ...................................................................................................9 2.14 DISALLOWED COSTS ..........................................................................................................9 2.15 DISPUTES ..............................................................................................................................9 2.16 DUPLICATE PAYMENT ..................................................................................................... 10 2.17 ETHICS/CONFLICTS OF INTEREST ................................................................................. 10 2.18 GOVERNING LAW AND VENUE ....................................................................................... 10 2.19 INDEMNIFICATION ............................................................................................................ 10 2.20 INDEPENDENT CAPACITY OF THE CONTRACTOR ...................................................... 10 2.21 INDUSTRIAL INSURANCE COVERAGE ........................................................................... 11 2.22 LAWS .................................................................................................................................. 11 2.23 LICENSING, ACCREDITATION AND REGISTRATION .................................................... 11 2.24 LIMITATION OF AUTHORITY ............................................................................................ 12 2.25 LOCAL PUBLIC TRANSPORTATION COORDINATION .................................................. 12 2.26 NONCOMPLIANCE WITH NONDISCRIMINATION LAWS ............................................... 12 EXHIBIT A 01-02-2024 City Council Agenda Packet Page 46 of 84 2.27 PAY EQUITY ....................................................................................................................... 12 2.28 POLITICAL ACTIVITIES ..................................................................................................... 12 2.29 PREVAILING WAGE LAW ................................................................................................. 12 2.30 PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION .............................. 13 2.31 PUBLICITY .......................................................................................................................... 13 2.32 RECAPTURE ...................................................................................................................... 13 2.33 RECORDS MAINTENANCE ............................................................................................... 13 2.34 REGISTRATION WITH DEPARTMENT OF REVENUE .................................................... 13 2.35 RIGHT OF INSPECTION .................................................................................................... 13 2.36 SAVINGS ............................................................................................................................ 13 2.37 SEVERABILITY .................................................................................................................. 14 2.38 SUBCONTRACTING .......................................................................................................... 14 2.39 SURVIVAL .......................................................................................................................... 14 2.40 TAXES ................................................................................................................................. 14 2.41 TERMINATION FOR CAUSE / SUSPENSION................................................................... 14 2.42 TERMINATION FOR CONVENIENCE ............................................................................... 15 2.43 TERMINATION PROCEDURES ......................................................................................... 15 2.44 WAIVER .............................................................................................................................. 15 ATTACHMENT I: ATTORNEY’S CERTIFICATION ................................................................ 18 EXHIBIT A 01-02-2024 City Council Agenda Packet Page 47 of 84 1 CONTRACT TERMS AND CONDITIONS PUBLIC WORKS BOARD EMERGENCY FUNDING PROGRAM SPECIAL TERMS AND CONDITIONS 1.1 Definitions As used throughout this Emergency Funding Contract the following terms shall have the meaning set forth below: A. “Contract” shall mean this Emergency Funding Contract. B. “Contractor” shall mean the local government identified on the Contract Face Sheet receiving either a loan or a grant of funds to complete the project described in the scope of work described in this Contract and who is a Party to the Contract, and shall include all employees and agents of the Contractor. C. “The Board” shall mean the Washington State Public Works Board created in Revised Code of Washington (RCW) 43.155.030, and who is a Party to the Contract. D. "Declarations " and "Declared" shall refer to the project information, loan terms and conditions as stated on the Declarations Page of this Funding Contract, displayed within the Contract in THIS STYLE for easier identification. 1.2 Authority Acting under the authority of RCW 43.155, the Board has awarded the Contractor Public Works Board emergency funding for an approved public works project. 1.3 Purpose The Board and the Contractor have entered into this Contract to provide funds to enable the Contractor to undertake a local public works project that furthers the goals and objectives of the Washington State Public Works Program. The project will be undertaken by the Contractor and will include the activities described in the SCOPE OF WORK shown on the Declarations page. The project must be undertaken in accordance with the Contract terms and conditions, and all applicable federal, state and local laws and ordinances, which by this reference are incorporated into this Contract as though set forth fully herein. 1.4 Order of Precedence In the event of an inconsistency in this Contract, the inconsistency shall be resolved by giving precedence in the following order: A. Applicable federal and state of Washington statutes and regulations. B. Special Terms and Conditions including attachments. C. General Terms and Conditions. 1.5 Competitive Bidding Requirements The Contractor shall comply with the provisions of RCW 43.155.060 regarding competitive bidding requirements for projects assisted in whole or in part with money from the Public Works Program. EXHIBIT A 01-02-2024 City Council Agenda Packet Page 48 of 84 2 1.6 Default in Repayment If the funding under this Contract constitutes a loan, loan repayments shall be made on the loan in accordance with Section 1.18 of this Contract. A payment not received within thirty (30) days of the due date shall be declared delinquent. Delinquent payments shall be assessed a monthly penalty beginning on the first (1st) day past the due date. The penalty will be assessed on the entire payment amount. The penalty will be one percent (1%) per month or twelve percent (12%) per annum. The same penalty terms shall apply at project completion if the repayment of loan funds in excess of eligible costs are not repaid at the time the Project Completion Amendment is submitted, as provided for in Section 1.13. The Contractor acknowledges and agrees to the Board’s right, upon delinquency in the payment of any annual installment, to notify any other entity, creditors, or potential creditors of the Contractor of such delinquency. The Contractor shall be responsible for all legal fees incurred by the Board in any action undertaken to enforce its rights under this section. 1.7 Sub-Contractor Data Collection Contractor will submit reports, in a form and format to be provided by Commerce and at intervals as agreed by the parties, regarding work under this Contract performed by sub-contractors and the portion of the Contract funds expended for work performed by sub-contractors, including but not necessarily limited to minority-owned, women-owned, and veteran-owned business sub-contractors. “Sub-Contractors” shall mean sub-contractors of any tier. 1.8 Eligible Project Costs The Eligible project costs must consist of expenditures eligible under Washington Administrative Code (WAC) 399-30-030 and be related only to project activities described in declared SCOPE OF WORK. Eligible costs for reimbursement shall be construed to mean expenditures incurred and paid, or incurred and payable within thirty (30) days of the reimbursement request. Only costs that have been incurred on or after the Start Date shown in the Declarations are eligible for reimbursement under this Contract. The Contractor assures compliance with WAC 399-30-030, which identifies eligible costs for projects assisted with Public Works Board loans. These terms supersede the terms in Section 2.2. Allowable Costs. 1.9 Historical and Cultural Resources Prior to approval and disbursement of any funds awarded under this Contract, Contractor shall cooperate with COMMERCE to complete the requirements of Governor’s Executive Order 21-02 or Contractor shall complete a review under Section 106 of the National Historic Preservation Act, if applicable. Contractor agrees that the Contractor is legally and financially responsible for compliance with all laws, regulations, and agreements related to the preservation of historical or cultural resources and agrees to hold harmless COMMERCE and the state of Washington in relation to any claim related to such historical or cultural resources discovered, disturbed, or damaged as a result of the project funded by this Contract. In addition to the requirements set forth in this Contract, Contractor shall, in accordance with Governor’s Executive Order 21-02 as applicable, coordinate with Commerce and the Washington State Department of Archaeology and Historic Preservation (“DAHP”), including any recommended consultation with any affected tribe(s), during Project design and prior to construction to determine the existence of any tribal cultural resources affected by Project. Contractor agrees to avoid, minimize, or mitigate impacts to the cultural resource as a continuing prerequisite to receipt of funds under this Contract. The Contractor agrees that, unless the Contractor is proceeding under an approved historical and cultural monitoring plan or other memorandum of agreement, if historical or cultural artifacts are discovered during construction, the Contractor shall immediately stop construction and notify the local historical preservation officer and the state's historical preservation officer at DAHP, and the Commerce Representative identified on the Face Sheet. If human remains are uncovered, the Contractor shall report the presence and location EXHIBIT A 01-02-2024 City Council Agenda Packet Page 49 of 84 3 of the remains to the coroner and local enforcement immediately, then contact DAHP and the concerned tribe's cultural staff or committee. The Contractor shall require this provision to be contained in all subcontracts for work or services related to the Scope of Work attached hereto. In addition to the requirements set forth in this Contract, Contractor agrees to comply with RCW 27.44 regarding Indian Graves and Records; RCW 27.53 regarding Archaeological Sites and Resources; RCW 68.60 regarding Abandoned and Historic Cemeteries and Historic Graves; and WAC 25-48 regarding Archaeological Excavation and Removal Permits. Completion of the requirements of Section 106 of the National Historic Preservation Act shall substitute for completion of Governor’s Executive Order 21-02. In the event that the Contractor finds it necessary to amend the Scope of Work the Contractor may be required to re-comply with Governor's Executive Order 21-02 or Section 106 of the National Historic Preservation Act. 1.10 Project Completion Amendment and Certified Project Completion Report The Contractor shall complete a Certified Project Completion Report when all activities identified in the SCOPE OF WORK are complete. The Board will supply the Contractor with the Certified Project Completion Report form, which shall include: A. A certified statement that the project, as described in the declared SCOPE OF WORK, is complete and, if applicable, meets required standards. B. A certified statement of the actual dollar amounts spent, from all funding sources, in completing the project as described in the SCOPE OF WORK. C. Certification that all costs associated with the project have been incurred and have been accounted for. Costs are incurred when goods and services are received and/or contract work is performed. D. A final voucher for the remaining eligible funds. E. Pictures of Completed Project, as appropriate. The Contractor will submit the Certified Project Completion Report together with the last Invoice Voucher for a sum not to exceed the balance of the loan amount. The final Invoice Voucher payment shall not occur prior to the completion of all project activities identified in the SCOPE OF WORK and the Board's receipt and acceptance of the Certified Project Completion Report. The Project Completion Amendment shall serve as an amendment to this Contract determining the final loan amount, local share, term, and interest rate. 1.11 Rate and Term of Loan If the Contractor is awarded a loan, the BOARD shall fund Contractor sum not to exceed the LOAN AMOUNT shown on the Contract Face Sheet and declared on the Contract Declarations Page. The interest rate shall be the declared INTEREST RATE per annum on the outstanding principal balance. The length of the loan shall not exceed the declared LOAN TERM in years, with the final payment due by the CONTRACT END DATE as shown on the Contract Face Sheet. 1.12 Recapture The right of recapture Section 2.32. Recapture, shall exist for a period not to exceed six (6) years following Contract termination. In the event that the Board is required to institute legal proceedings to enforce the recapture provision, the Board shall be entitled to its costs thereof, including attorney’s fees. 1.13 Reimbursement Procedures and Payment If funding or appropriation is not available at the time, the invoice is submitted, or when this Contract is executed, the issuance of warrants will be delayed or suspended until such time as funds or appropriations EXHIBIT A 01-02-2024 City Council Agenda Packet Page 50 of 84 4 become available. Therefore, subject to the availability of funds, warrants shall be issued to the Contractor for reimbursement of allowable expenses incurred by the Contractor while undertaking and administering approved project activities in accordance with the declared SCOPE OF WORK. The Board shall reimburse the Contractor for eligible project expenditures up to the maximum loan amount under this Contract, as identified in Section 1.10. The CONTRACTOR shall submit all Invoice Vouchers and all required documentation per guidance in the BOARD Traditional Program Policy Handbook. When requesting reimbursement for expenditures made, CONTRACTOR shall submit all Invoice Vouchers and any required documentation electronically through COMMERCE’s Contracts Management System (CMS), which is available through the Secure Access Washington (SAW) portal. If the CONTRACTOR has constraints preventing access to COMMERCE’s online A-19 portal, a hard copy A-19 form may be provided by the BOARD Project Manager upon request. The BOARD will pay the CONTRACTOR upon acceptance of the work performed and receipt of properly completed invoices. Invoices shall be submitted to the BOARD. Requests for reimbursements for costs related to construction activities will not be accepted until the Contractor provides:  Proof of compliance with Governor’s Executive Order 21-02 or Section 106 of the National Historic Preservation Act, as described in Section 1.9, and  Signed Public Works Board Notice of Contract Award and Notice to Proceed, which follows the formal award of a construction contract. If the CONTRACTOR receives funding in the form of both a grant and a loan, the CONTRACTOR shall bill to the loan and grant proportionally until and if funds are exhausted. The Board will pay the Contractor upon acceptance of the work performed and receipt of properly completed invoices. Invoices shall be submitted to the Board not more often than monthly nor less than quarterly. Payment shall be considered timely if made by the Board within thirty (30) calendar days after receipt of properly completed invoices. Payment shall be sent to the address designated by the Contractor. The Board may, at its sole discretion, terminate the Contract or withhold payments claimed by the Contractor for services rendered if the Contractor fails to satisfactorily comply with any term or condition of this Contract. No payments in advance or in anticipation of services or supplies to be provided under this Contract shall be made by the Board. Duplication of Billed Costs. If the Contractor is entitled to payment or has been or will be paid by another source for an eligible project cost, then the Contractor shall not be reimbursed by the Board for that cost. Disallowed Costs. The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its subcontractors. In no event shall the total Public Works funding exceed 100% of the eligible actual project costs. At the time of project completion, the Contractor shall submit to the Board a Project Completion Amendment certifying the total actual project costs and local share. The final Public Works funding disbursement shall bring the total funding to the lesser of 100% of the eligible project costs or the total declared funding under this CONTRACT. The Project Completion Amendment shall serve as an amendment to this Contract determining the final funding amount, local share, and interest rate. In the event that the final costs identified in the Project Completion Amendment indicate that the Contractor has received Public Works Board monies in excess of 100.00% of eligible costs, all funds in excess of 100.00% shall be repaid to the Public Works Board by payment to the Department of Commerce, or its successor, together with the submission of the Project Completion Amendment. EXHIBIT A 01-02-2024 City Council Agenda Packet Page 51 of 84 5 1.14 Repayment If the Contract is for a loan, loan repayment installments are due on the day and month identified under the term: PAYMENT MONTH on the Declarations Page. Payments are due each year during the term of the loan beginning one year from the date of Contract execution. Interest only will be charged for this payment if a warrant is issued prior to this date. All subsequent payments shall consist of principal and accrued interest due on the specified PAYMENT MONTH date of each year during the remaining term of the loan. Repayment of a loan under this Contract shall include the declared INTEREST RATE per annum based on a three hundred and sixty (360) day year of twelve (12) thirty (30) day months. Interest will begin to accrue from the date each warrant is issued to the Contractor. The final payment shall be on or before the CONTRACT END DATE shown on the Declarations page, of an amount sufficient to bring the loan balance to zero. The Contractor will repay the loan in accordance with the preceding conditions through the use of a check, money order, or equivalent means made payable to the Washington State Department of Commerce, or its successor. 1.15 Reports The Contractor shall furnish the Board with: A. Project progress reports per guidance in the BOARD Traditional Program Policy Handbook; B. Estimated Quarterly Expenditures Report; C. Certified Project Completion Report at project completion (as described in Section 1.13); D. Pictures and short videos of various stages of the project; and E. Other reports as the Board may require. 1.16 Termination for Cause If the Contractor fails to comply with the terms of this Contract, or fails to use the funds only for those activities identified in the SCOPE OF WORK, the Board may terminate the Contract in whole or in part at any time. The Board shall notify the Contractor in writing of its determination to terminate, the reason for such termination, and the effective date of the termination. Nothing in this section shall affect the Contractor's obligation to repay the unpaid balance of a loan. These terms supersede the terms in Section 2.41 Termination for Cause/Suspension. 1.17 Termination for Convenience Notwithstanding anything in, Section 2.42 Termination for Convenience the Board may suspend or terminate this Contract in the event that federal or state funds are no longer available to the Board, or are not appropriated for the purpose of meeting the Board’s obligations under this Contract. Termination will be effective when the Board sends written notice of termination to the Contractor. Nothing in this section shall affect the Contractor’s obligation to repay the unpaid balance of the loan. 1.18 Time of Performance No later than twelve (12) months after the date of Contract execution, the Contractor must reach project completion. Failure to meet Time of Performance shall constitute default of this Contract. In the event of extenuating circumstances, the Contractor may request, in writing, that the Board extend the deadline for project completion. The Board may extend the deadline. The term of this Contract shall be for the entire term stated in Section 8 of the Contract Face Sheet, regardless of actual project completion, unless terminated in writing sooner. EXHIBIT A 01-02-2024 City Council Agenda Packet Page 52 of 84 6 1.19 Contract Suspension In the event that the Washington State Legislature fails to pass and the Governor does not authorize a Capital Budget by June 30 of each biennium, the Washington State Constitution Article 8 and RCW 43.88.130 and RCW 43.88.290 prohibit expenditures or commitments of state funds in the absence of appropriation. In such event, all work will be suspended effective July 1. The Contractor shall immediately suspend work and take all reasonable steps necessary to minimize the cost of performance directly attributable to such suspension until the suspension is cancelled. THE BOARD shall notify the Contractor immediately upon lifting of the Contract suspension. 1.20 Special Conditions If SPECIAL CONDITIONS are listed on, the Contract Declarations Page then these conditions are herein incorporated as part of the terms and requirements of this Contract. 1.21 Loan Security Loan Security payments shall be made as stated on the attached Declarations Page, and identified as LOAN SECURITY. EXHIBIT A 01-02-2024 City Council Agenda Packet Page 53 of 84 7 GENERAL TERMS AND CONDITIONS 2.1 DEFINITIONS As used throughout this Contract, the following terms shall have the meaning set forth below: A. “Authorized Representative” shall mean the Public Works Board Chair and/or the designee authorized in writing to act on the Chair’s behalf. B. "Contractor" shall mean the entity identified on the face sheet performing service(s) under this Contract, and shall include all employees and agents of the Contractor. C. “BOARD” shall mean the Washington State Public Works Board created in Revised Code of Washington (RCW) 43.155.030, and which is a Party to the Contract D. “Personal Information” shall mean information identifiable to any person, including, but not limited to, information that relates to a person’s name, health, finances, education, business, use or receipt of governmental services or other activities, addresses, telephone numbers, social security numbers, driver license numbers, other identifying numbers, and any financial identifiers. E. ”State” shall mean the state of Washington. F. "Subcontractor" shall mean one not in the employment of the Contractor, who is performing all or part of those services under this Contract under a separate contract with the Contractor. The terms “subcontractor” and “subcontractors” mean subcontractor(s) in any tier. 2.2 ALLOWABLE COSTS Costs allowable under this Contract are actual expenditures according to an approved budget up to the maximum amount stated on the Contract Award or Amendment Face Sheet. 2.3 ALL WRITINGS CONTAINED HEREIN This Contract contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or to bind any of the parties hereto. 2.4 AMENDMENTS This Contract may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. 2.5 AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, also referred to as the “ADA” 28 CFR Part 35 The Contractor must comply with the ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunications. 2.6 APPROVAL This Contract shall be subject to the written approval of the Board’s Authorized Representative and shall not be binding until so approved. The Contract may be altered, amended, or waived only by a written amendment executed by both parties. 2.7 ASSIGNMENT Neither this Contract, nor any claim arising under this Contract, shall be transferred or assigned by the Contractor without prior written consent of the Board. EXHIBIT A 01-02-2024 City Council Agenda Packet Page 54 of 84 8 2.8 ATTORNEYS’ FEES Unless expressly permitted under another provision of the Contract, in the event of litigation or other action brought to enforce Contract terms, each party agrees to bear its own attorney’s fees and costs. 2.9 AUDIT A. General Requirements Contractors are to procure audit services based on the following guidelines. The Contractor shall maintain its records and accounts so as to facilitate the audit requirement and shall ensure that Subcontractors also maintain auditable records. The Contractor is responsible for any audit exceptions incurred by its own organization or that of its Subcontractors. The Board reserves the right to recover from the Contractor all disallowed costs resulting from the audit. Responses to any unresolved management findings and disallowed or questioned costs shall be included with the audit report. The Contractor must respond to the Board’s requests for information or corrective action concerning audit issues within thirty (30) days of the date of request. B. State Funds Requirements In the event an audit is required, if the Contractor is a local government entity, the Office of the State Auditor shall conduct the audit. Audits of non-profit organizations are to be conducted by a certified public accountant selected by the Contractor. The Contractor shall include the above audit requirements in any subcontracts. In any case, the Contractor’s financial records must be available for review by the Board. 2.10 CODE REQUIREMENTS All construction and rehabilitation projects must satisfy the requirements of applicable local, state, and federal building, mechanical, plumbing, fire, energy and barrier-free codes. Compliance with the Americans with Disabilities Act of 1990 28 C.F.R. Part 35 will be required, as specified by the local building Department. 2.11 CONFIDENTIALITY/SAFEGUARDING OF INFORMATION A. “Confidential Information” as used in this section includes: 1. All material provided to the Contractor by the Board that is designated as “confidential” by the Board; 2. All material produced by the Contractor that is designated as “confidential” by the Board; and 3. All personal information in the possession of the Contractor that may not be disclosed under state or federal law. “Personal information” includes but is not limited to information related to a person’s name, health, finances, education, business, use of government services, addresses, telephone numbers, social security number, driver’s license number and other identifying numbers, and “Protected Health Information” under the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA). B. The Contractor shall comply with all state and federal laws related to the use, sharing, transfer, sale, or disclosure of Confidential Information. The Contractor shall use Confidential Information solely for the purposes of this Contract and shall not use, share, transfer, sell or disclose any Confidential Information to any third party except with the prior written consent of the Board or as may be required by law. The Contractor shall take all necessary steps to assure that Confidential Information is safeguarded to prevent unauthorized use, sharing, transfer, sale or disclosure of Confidential Information or violation of EXHIBIT A 01-02-2024 City Council Agenda Packet Page 55 of 84 9 any state or federal laws related thereto. Upon request, the Contractor shall provide the Board with its policies and procedures on confidentiality. The Board may require changes to such policies and procedures as they apply to this Contract whenever the Board reasonably determines that changes are necessary to prevent unauthorized disclosures. The Contractor shall make the changes within the time period specified by the Board. Upon request, the Contractor shall immediately return to the Board any Confidential Information that the Board reasonably determines has not been adequately protected by the Contractor against unauthorized disclosure. C. Unauthorized Use or Disclosure. The Contractor shall notify the Board within five (5) working days of any unauthorized use or disclosure of any confidential information, and shall take necessary steps to mitigate the harmful effects of such use or disclosure. 2.12 CONFORMANCE If any provision of this Contract 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. 2.13 COPYRIGHT PROVISIONS Unless otherwise provided, all Materials produced under this Contract shall be considered "works for hire" as defined by the U.S. Copyright Act and shall be owned by the Board. The Board shall be considered the author of such Materials. In the event the Materials are not considered “works for hire” under the U.S. Copyright laws, the Contractor hereby irrevocably assigns all right, title, and interest in all Materials, including all intellectual property rights, moral rights, and rights of publicity to the Board effective from the moment of creation of such Materials. “Materials” means all items in any format and includes, but is not limited to, data, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. “Ownership” includes the right to copyright, patent, register and the ability to transfer these rights. For Materials that are delivered under the Contract, but that incorporate pre-existing materials not produced under the Contract, the Contractor hereby grants to the Board a nonexclusive, royalty-free, irrevocable license (with rights to sublicense to others) in such Materials to translate, reproduce, distribute, prepare derivative works, publicly perform, and publicly display. The Contractor warrants and represents that the Contractor has all rights and permissions, including intellectual property rights, moral rights and rights of publicity, necessary to grant such a license to the Board. The Contractor shall exert all reasonable effort to advise the Board, at the time of delivery of Materials furnished under this Contract, of all known or potential invasions of privacy contained therein and of any portion of such document, which was not produced in the performance of this Contract. The Contractor shall provide the Board with prompt written notice of each notice or claim of infringement received by the Contractor with respect to any Materials delivered under this Contract. The Board shall have the right to modify or remove any restrictive markings placed upon the Materials by the Contractor. 2.14 DISALLOWED COSTS The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its Subcontractors. 2.15 DISPUTES Except as otherwise provided in this Contract, when a dispute arises between the parties and it cannot be resolved by direct negotiation, either party may request a dispute hearing with the Chair of the Board, who may designate a neutral person to decide the dispute. The request for a dispute hearing must:  be in writing; EXHIBIT A 01-02-2024 City Council Agenda Packet Page 56 of 84 10  state the disputed issues;  state the relative positions of the parties;  state the Contractor's name, address, and Contract number; and  be mailed to the Chair and the other party’s (respondent’s) Representative within three (3) working days after the parties agree that they cannot resolve the dispute. The respondent shall send a written answer to the requestor’s statement to both the Chair or the Chair’s designee and the requestor within five (5) working days. The Chair or designee shall review the written statements and reply in writing to both parties within ten (10) working days. The Chair or designee may extend this period if necessary by notifying the parties. The decision shall not be admissible in any succeeding judicial or quasi-judicial proceeding. The parties agree that this dispute process shall precede any action in a judicial or quasi-judicial tribunal. Nothing in this Contract shall be construed to limit the parties’ choice of a mutually acceptable alternate dispute resolution (ADR) method in addition to the dispute hearing procedure outlined above. 2.16 DUPLICATE PAYMENT The Contractor certifies that work to be performed under this Contract does not duplicate any work to be charged against any other contract, subcontract, or other source. 2.17 ETHICS/CONFLICTS OF INTEREST In performing under this Contract, the Contractor shall assure compliance with the Ethics in Public Service Act, RCW 42.52 and any other applicable state or federal law related to ethics or conflicts of interest. 2.18 GOVERNING LAW AND VENUE This Contract shall be construed and interpreted in accordance with the laws of the state of Washington, and the venue of any action brought hereunder shall be in the Superior Court for Thurston County. 2.19 INDEMNIFICATION To the fullest extent permitted by law, the Contractor shall indemnify, defend, and hold harmless the state of Washington, the Board, all other agencies of the state and all officers, agents and employees of the state, from and against all claims or damages for injuries to persons or property or death arising out of or incident to the Contractor’s performance or failure to perform the Contract. The Contractor’s obligation to indemnify, defend, and hold harmless includes any claim by the Contractor’s agents, employees, representatives, or any Subcontractor or its agents, employees, or representatives. The Contractor’s obligation to indemnify, defend, and hold harmless shall not be eliminated by any actual or alleged concurrent negligence of the state or its agents, agencies, employees and officers. Subcontracts shall include a comprehensive indemnification clause holding harmless the Contractor, the Board, the state of Washington, its officers, employees and authorized agents. The Contractor waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend and hold harmless the state and its agencies, officers, agents or employees. 2.20 INDEPENDENT CAPACITY OF THE CONTRACTOR The parties intend that an independent contractor relationship will be created by this Contract. The Contractor and its employees or agents performing under this Contract are not employees or agents of the state of Washington or the Board. The Contractor will not hold itself out as or claim to be an officer or employee of the Board or of the state of Washington by reason hereof, nor will the Contractor make any claim of right, privilege or benefit which would accrue to such officer or employee under law. Conduct and control of the work will be solely with the Contractor. EXHIBIT A 01-02-2024 City Council Agenda Packet Page 57 of 84 11 2.21 INDUSTRIAL INSURANCE COVERAGE The Contractor shall comply with all applicable provisions of Title 51 RCW, Industrial Insurance. If the Contractor fails to provide industrial insurance coverage or fails to pay premiums or penalties on behalf of its employees as may be required by law, the Board may collect from the Contractor the full amount payable to the Industrial Insurance Accident Fund. The Board may deduct the amount owed by the Contractor to the accident fund from the amount payable to the Contractor by the Board under this Contract, and transmit the deducted amount to the Department of Labor and Industries, (L&I) Division of Insurance Services. This provision does not waive any of L&I’s rights to collect from the Contractor. 2.22 LAWS The Contractor shall comply with all applicable laws, ordinances, codes, regulations and policies of local and state and federal governments, as now or hereafter amended including, but not limited to: Washington State Laws and Regulations A. Affirmative Action, RCW 41.06.020 (11). B. Boards of Directors or Officers of Non-profit Corporations – Liability - Limitations, RCW 4.24.264. C. Disclosure-Campaign Finances-Lobbying, RCW 42.17. D. Discrimination-Human Rights Commission, RCW 49.60. E. Ethics in Public Service, RCW 42.52. F. Housing Assistance Program, RCW 43.185. G. Interlocal Cooperation Act, RCW 39.34. H. Noise Control, RCW 70.107. I. Office of Minority and Women’s Business Enterprises, RCW 39.19 and WAC 326-02. J. Open Public Meetings Act, RCW 42.30. K. Prevailing Wages on Public Works, RCW 39.12. L. Public Records Act, RCW 42.56. M. Relocation Assistance - Real Property Acquisition Policy, RCW 8.26. N. Shoreline Management Act of 1971, RCW 90.58. O. State Budgeting, Accounting, and Reporting System, Chapter 43.88 RCW. P. State Building Code, Chapter 19.27 RCW and Energy-related building standards, RCW 19.27A, and Provisions in buildings for aged and handicapped persons, RCW 70.92. Q. State Coastal Zone Management Program, Publication 01-06-003, Shorelands and Environmental Assistance Program, Washington State Department of Ecology. R. State Environmental Policy, RCW 43.21C. S. State Executive Order 21-02 Archeological and Cultural Resources. 2.23 LICENSING, ACCREDITATION AND REGISTRATION The Contractor shall comply with all applicable local, state, and federal licensing, accreditation and registration requirements or standards necessary for the performance of this Contract. EXHIBIT A 01-02-2024 City Council Agenda Packet Page 58 of 84 12 2.24 LIMITATION OF AUTHORITY Only the Authorized Representative or Authorized Representative’s designee by writing (designation to be made prior to action) shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this Contract. 2.25 LOCAL PUBLIC TRANSPORTATION COORDINATION Where applicable, the Contractor shall participate in local public transportation forums and implement strategies designed to ensure access to services. 2.26 NONCOMPLIANCE WITH NONDISCRIMINATION LAWS During the performance of this Contract, the Contractor shall comply with all federal, state, and local nondiscrimination laws, regulations and policies. In the event of the Contractor’s, non-compliance or refusal to comply with any nondiscrimination law, regulation or policy, this Contract may be rescinded, canceled or terminated in whole or in part, and the Contractor may be declared ineligible for further contracts with the Board. The Contractor shall, however, be given a reasonable time in which to cure this noncompliance. Any dispute may be resolved in accordance with the “Disputes” procedure set forth herein. 2.27 PAY EQUITY The Contractor agrees to ensure that “similarly employed” individuals in its workforce are compensated as equals, consistent with the following: A. Employees are “similarly employed” if the individuals work for the same employer, the performance of the job requires comparable skill, effort, and responsibility, and the jobs are performed under similar working conditions. Job titles alone are not determinative of whether employees are similarly employed; B. Contractor may allow differentials in compensation for its workers if the differentials are based in good faith and on any of the following: 1. A seniority system; a merit system; a system that measures earnings by quantity or quality of production; a bona fide job-related factor or factors; or a bona fide regional difference in compensation levels. 2. A bona fide job-related factor or factors may include, but not be limited to, education, training, or experience that is: Consistent with business necessity; not based on or derived from a gender-based differential; and accounts for the entire differential. 3. A bona fide regional difference in compensation level must be: Consistent with business necessity; not based on or derived from a gender-based differential, and account for the entire differential. This Contract may be terminated by the BOARD, if the Department of Commerce or the Department of Enterprise Services determines that the Contractor is not in compliance with this provision. 2.28 POLITICAL ACTIVITIES Political activity of Contractor employees and officers are limited by the State Campaign Finances and Lobbying provisions of RCW 42.17 and the Federal Hatch Act, 5 USC 1501 - 1508. No funds may be used for working for or against ballot measures or for or against the candidacy of any person for public office. 2.29 PREVAILING WAGE LAW The Contractor certifies that all contractors and subcontractors performing work on the Project shall comply with state Prevailing Wages on Public Works, RCW 39.12, as applicable to the Project funded by this Contract, including but not limited to the filing of the “Statement of Intent to Pay Prevailing Wages” and “Affidavit of Wages Paid” as required by RCW 39.12.040. The Contractor shall maintain records sufficient EXHIBIT A 01-02-2024 City Council Agenda Packet Page 59 of 84 13 to evidence compliance with RCW 39.12, and shall make such records available for the Board’s review upon request. 2.30 PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION The funds provided under this Contract shall not be used in payment of any bonus or commission for the purpose of obtaining approval of the application for such funds or any other approval or concurrence under this Contract provided, however, that reasonable fees or bona fide technical consultant, managerial, or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as project costs. 2.31 PUBLICITY The Contractor agrees not to publish or use any advertising or publicity materials in which the state of Washington or the Board’s name is mentioned, or language used from which the connection with the state of Washington’s or the Board’s name may reasonably be inferred or implied, without the prior written consent of the Board. 2.32 RECAPTURE In the event that the Contractor fails to perform this Contract in accordance with state laws, federal laws, and/or the provisions of this Contract, the Board reserves the right to recapture funds in an amount to compensate the Board for the noncompliance in addition to any other remedies available at law or in equity. Repayment by the Contractor of funds under this recapture provision shall occur within the time period specified by the Board. In the alternative, the Board may recapture such funds from payments due under this Contract. 2.33 RECORDS MAINTENANCE The Contractor shall maintain all books, records, documents, data and other evidence relating to this Contract and performance of the services described herein, including but not limited to accounting procedures and practices, which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Contract. Contractor shall retain such records for a period of six years following the date of final payment. If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been finally resolved. 2.34 REGISTRATION WITH DEPARTMENT OF REVENUE If required by law, the Contractor shall complete registration with the Washington State Department of Revenue. 2.35 RIGHT OF INSPECTION At no additional cost, all records relating to the Contractor’s performance under this Contract shall be subject at all reasonable times to inspection, review, and audit by the Board, the Office of the State Auditor, and federal and state officials so authorized by law, in order to monitor and evaluate performance, compliance, and quality assurance under this Contract. The Contractor shall provide access to its facilities for this purpose. 2.36 SAVINGS In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Contract and prior to normal completion, the Board may terminate the Contract EXHIBIT A 01-02-2024 City Council Agenda Packet Page 60 of 84 14 under the "Termination for Convenience" clause, without the ten-business day notice requirement. In lieu of termination, the Contract may be amended to reflect the new funding limitations and conditions. 2.37 SEVERABILITY If any provision of this Contract or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Contract that can be given effect without the invalid provision, if such remainder conforms to the requirements of law and the fundamental purpose of this Contract and to this end the provisions of this Contract are declared to be severable. 2.38 SUBCONTRACTING The Contractor may only subcontract work contemplated under this Contract if it obtains the prior written approval of the Board. If the Board approves subcontracting, the Contractor shall maintain written procedures related to subcontracting, as well as copies of all subcontracts and records related to subcontracts. For cause, the Board in writing may: (a) require the Contractor to amend its subcontracting procedures as they relate to this Contract; (b) prohibit the Contractor from subcontracting with a particular person or entity; or (c) require the Contractor to rescind or amend a subcontract. Every subcontract shall bind the Subcontractor to follow all applicable terms of this Contract. The Contractor is responsible to the Board if the Subcontractor fails to comply with any applicable term or condition of this Contract. The Contractor shall appropriately monitor the activities of the Subcontractor to assure fiscal conditions of this Contract. In no event shall the existence of a subcontract operate to release or reduce the liability of the Contractor to the Board for any breach in the performance of the Contractor’s duties. Every subcontract shall include a term that the Board and the State of Washington are not liable for claims or damages arising from a Subcontractor’s performance of the subcontract. 2.39 SURVIVAL The terms, conditions, and warranties contained in this Contract that by their sense and context are intended to survive the completion of the performance, cancellation or termination of this Contract shall so survive. 2.40 TAXES All payments accrued on account of payroll taxes, unemployment contributions, the Contractor’s income or gross receipts, any other taxes, insurance or expenses for the Contractor or its staff shall be the sole responsibility of the Contractor. 2.41 TERMINATION FOR CAUSE / SUSPENSION In event the Board determines that the Contractor failed to comply with any term or condition of this Contract, the Board may terminate the Contract in whole or in part upon written notice to the Contractor. Such termination shall be deemed “for cause.” Termination shall take effect on the date specified in the notice. In the alternative, the Board upon written notice may allow the Contractor a specific period of time in which to correct the non-compliance. During the corrective-action time period, the Board may suspend further payment to the Contractor in whole or in part, or may restrict the Contractor’s right to perform duties under this Contract. Failure by the Contractor to take timely corrective action shall allow the Board to terminate the Contract upon written notice to the Contractor. “Termination for Cause” shall be deemed a “Termination for Convenience” when the Board determines that the Contractor did not fail to comply with the terms of the Contract or when the Board determines the failure was not caused by the Contractor’s actions or negligence. EXHIBIT A 01-02-2024 City Council Agenda Packet Page 61 of 84 15 If the Contract is terminated for cause, the Contractor shall be liable for damages as authorized by law, including, but not limited to, any cost difference between the original contract and the replacement contract, as well as all costs associated with entering into the replacement contract (i.e., competitive bidding, mailing, advertising, and staff time). 2.42 TERMINATION FOR CONVENIENCE Except as otherwise provided in this Contract the Board may, by ten (10) business days written notice, beginning on the second day after the mailing, terminate this Contract, in whole or in part. If this Contract is so terminated, the Board shall be liable only for payment required under the terms of this Contract for services rendered or goods delivered prior to the effective date of termination. 2.43 TERMINATION PROCEDURES After receipt of a notice of termination, except as otherwise directed by the Board, the Contractor shall: A. Stop work under the Contract on the date, and to the extent specified, in the notice; B. Place no further orders or subcontracts for materials, services, or facilities related to the Contract; C. Assign to the State all of the rights, title, and interest of the Contractor under the orders and subcontracts so terminated, in which case the Board has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts. Any attempt by the Contractor to settle such claims must have the prior written approval of the Board; and D. Preserve and transfer any materials, Contract deliverables and/or the Board property in the Contractor’s possession as directed by the Board. Upon termination of the Contract, the Board shall pay the Contractor for any service provided by the Contractor under the Contract prior to the date of termination. The Board may withhold any amount due as the Board reasonably determines is necessary to protect the Board against potential loss or liability resulting from the termination. The Board shall pay any withheld amount to the Contractor if the Board later determines that loss or liability will not occur. The rights and remedies of the Board under this section are in addition to any other rights and remedies provided under this Contract or otherwise provided under law. 2.44 WAIVER Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach. Any waiver shall not be construed to be a modification of the terms of this Contract unless stated to be such in writing and signed by Authorized Representative of the Board. EXHIBIT A 01-02-2024 City Council Agenda Packet Page 62 of 84 16 ATTACHMENT I: ATTORNEY’S CERTIFICATION PUBLIC WORKS BOARD EMERGENCY PROGRAM City of East Wenatchee PE24-96103-004 I, ________________________________________________, hereby certify: I am an attorney at law admitted to practice in the State of Washington and the duly appointed attorney of the City of East Wenatchee (the Contractor); and I have also examined any and all documents and records, which are pertinent to the Contract, including the application requesting this financial assistance. Based on the foregoing, it is my opinion that: 1. The Contractor is a public body, properly constituted and operating under the laws of the State of Washington, empowered to receive and expend federal, state and local funds, to contract with the State of Washington, and to receive and expend the funds involved to accomplish the objectives set forth in their application. 2. The Contractor is empowered to accept the Public Works Board funding and to provide for any required repayment of the loan as set forth in the Contract. 3. There is currently no litigation in existence seeking to enjoin the commencement or completion of the above-described public facilities project or to enjoin the Contractor from and requirement to repay the loan extended by the Public Works Board with respect to such project. The Contractor is not a party to litigation, which will materially affect any requirement to repay such loan on the terms contained in the Contract. 4. Assumption of any obligation to repay would not exceed statutory and administrative rule debt limitations applicable to the Contractor. __________________________________ _____________________________ Signature of Attorney Date __________________________________ Name _______________________________________________________________________ Address EXHIBIT A 01-02-2024 City Council Agenda Packet Page 63 of 84 PROJECTOWNERINVOICE NUMBERINVOICE AMOUNTDATEBaker Street Storm Repair and RemovalCity of East WenatcheeP410-01141,472.61$ 11/21/2023ESTIMATED CONTRACT QUANTITIES PREV. APPROVEDTOTAL THIS REQUESTTOTAL TO DATEITEM ITEM BIDNO DESCRIPTION UNIT PRICE QTY AMOUNT QTY AMOUNTQTY AMOUNTQTY AMOUNT PERCENT1MobilizationLS 15,700.00$ 1.0015,700.00$ 1 15,700.00$ 1.00 15,700.00$ 100.00%2Demo AsphaltSF3.10$ 4,400.0013,640.00$ 4,400.00 13,640.00$ 4,400.00 13,640.00$ 100.00%3Install 72" ManholeEA 16,200.00$ 1.0016,200.00$ 1.00 16,200.00$ 1.00 16,200.00$ 100.00%4Install 48" ManholeEA 12,300.00$ 1.0012,300.00$ 1.00 12,300.00$ 1.00 12,300.00$ 100.00%5Install 18" PipeLF336.00$ 10.003,360.00$ 10.00 3,360.00$ 10.00 3,360.00$ 100.00%6Asphalt RestorationSF8.25$ 4,400.0036,300.00$ 4,400.00 36,300.00$ 4,400.00 36,300.00$ 100.00%7Plug Lateral LinesEA488.00$ 1.00488.00$ 1.00 488.00$ 1.00 488.00$ 100.00%8Remove CMP PipeLF43.60$ 600.0026,160.00$ 600.00 26,160.00$ 600.00 26,160.00$ 100.00%9Over Ex For Unsuitable Soils and Replace with Quarry Spalls CY145.50$ 90.0013,095.00$ 37.00 5,383.50$ 37.00 5,383.50$ 41.11%10Import Backfill Includes Removal of Unsuitable SoilsCY78.00$ 350.0027,300.00$ 11.00 858.00$ 11.00 858.00$ 3.14%BASE CONTRACT SUBTOTALS >164,543.00$ -$ 130,389.50$ 130,389.50$ 79.24%CHANGE ORDERS1-$ -$ - -$ #DIV/0!2-$ -$ - -$ #DIV/0!3-$ -$ - -$ #DIV/0!4-$ -$ - -$ #DIV/0!5-$ -$ - -$ #DIV/0!BILLING SUBTOTALS 164,543.00$ -$ 130,389.50$ 130,389.50$ 79.24%Retainage Rate:0%Retainage-$ -$ -$ -$ Sales Tax: 8.50%0902WSST 13,986.16$ -$ 11,083.11$ 11,083.11$ TOTAL 178,529.16$ -$ 141,472.61$ 141,472.61$ ..125 SE McGee St. East Wenatchee, WA 98802PH: (509) 884-5258FX: (509) 884-3625www.KRCI.netEXHIBIT B01-02-2024 City Council Agenda Packet Page 64 of 84 East Wenatchee Agenda Bill To: Mayor Crawford and Council From/Presenter: Garren Melton, Public Works Manager Subject: Resolution 2024-02: Transportation Improvement Board (TIB) Fuel Tax Agreement – 5th Street NE Safety and Multimodal Improvements Date: January 2, 2024 I. Summary Title: A Resolution of the City of East Wenatchee, Washington authorizing Mayor Crawford to execute a Fuel Tax Agreement between the City of East Wenatchee and the Transportation Improvement Board for the 5th Street NE Safety and Multimodal Improvements. II. Background/History: The Transportation Improvement Board (TIB) selected the City of East Wenatchee to receive grant funds for 5th Street NE safety and multimodal improvements including installation of a new signal and will have continuous sidewalk installed from N Baker to N Kentucky. This was funded through the Urban Arterial Program (UAP). III. Recommended Action: Authorize Mayor Crawford to execute the Transportation Improvement Board Fuel Tax Agreement awarding up to $2,500,000 for the 5th Street NE safety and multimodal improvements from N Baker Ave to N. Kentucky Ave. IV. Exhibits: 1. TIB Fuel Tax Grant Agreement – Exhibit A 2. TIB Application – Exhibit B Financial Data Expenditure Required Amount Budgeted Appropriation Required $413,310 $2,500,000 No City of 01-02-2024 City Council Agenda Packet Page 65 of 84 City of East Wenatchee Resolution 2024-02 with Exhibit A and Exhibit B 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. 2024-02 A Resolution of the City of East Wenatchee, Washington authorizing Mayor Crawford to enter into a Fuel Tax Grant Agreement with the Washington State Transportation Improvement Board (TIB) for the 5th Street NE Safety and Multimodal Improvements from N. Baker Ave to N. Kentucky Ave. 1. Alternate format. 1.1. Para leer este documento en otro formato (español, Braille, leer en voz alta, etc.), póngase en contacto con el vendedor de la ciudad al alternateformat@eastwenatcheewa.gov, al (509) 884-9515 o al 711 (TTY). 1.2. To read this document in an alternate format (Spanish, Braille, read aloud, etc.), please contact the City Clerk at alternateformat@eastwenatcheewa.gov, at (509) 884-9515, or at 711 (TTY). 2. Authority. 2.1. RCW 35A.11.020 and RCW 35A.12.190 authorize the City Council to organize and regulate its internal affairs and to define the powers, functions and duties of its officers and employees. THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO RESOLVE AS FOLLOWS: 3. Authorization. The City Council authorizes the declaration of emergency and the emergency contract between the City of East Wenatchee and Pipkin Construction. The City Council authorizes Mayor Crawford to to enter into a Fuel Tax Grant Agreement with the Washington State Transportation Improvement Board for the 5th Street NE Safety and Multimodal Improvements from N. Baker Ave. to N. Kentucky Ave. 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. 01-02-2024 City Council Agenda Packet Page 66 of 84 City of East Wenatchee Resolution 2024-02 with Exhibit A and Exhibit B 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 _______________, 2024. The City of East Wenatchee, Washington By ________________________ Jerrilea Crawford, Mayor Attest: ___________________________ Anna Laura Leon, City Clerk Approved as to form only: ___________________________ Sean Lewis, Asst. City Attorney Filed with the City Clerk: 12-21-2023 Passed by the City Council: __________ Effective Date: __________ 01-02-2024 City Council Agenda Packet Page 67 of 84 Washington State Transportation Improvement Board 8-3-161(016)-1 Fuel Tax Grant Agreement Fuel Tax Agreement Page 1 of 5 November 2012 City of East Wenatchee 8-3-161(016)-1 5th Street NE Safety and Multimodal Improvements N Baker Ave to N Kentucky Ave STATE OF WASHINGTON TRANSPORTATION IMPROVEMENT BOARD AND City of East Wenatchee AGREEMENT THIS GRANT AGREEMENT (hereinafter “Agreement”) for the 5th Street NE Safety and Multimodal Improvements, N Baker Ave to N Kentucky Ave (hereinafter “Project”) is entered into by the WASHINGTON STATE TRANSPORTATION IMPROVEMENT BOARD (hereinafter “TIB”) and City of East Wenatchee, a political subdivision of the State of Washington (hereinafter “RECIPIENT”). 1.0 PURPOSE For the project specified above, TIB shall pay 83.4676 percent of approved eligible project costs up to the amount of $2,500,000, pursuant to terms contained in the RECIPIENT’S Grant Application, supporting documentation, chapter 47.26 RCW, title 479 WAC, and the terms and conditions listed below. 2.0 SCOPE AND BUDGET The Project Scope and Budget are initially described in RECIPIENT’s Grant Application and incorporated by reference into this Agreement. Scope and Budget will be further developed and refined, but not substantially altered during the Design, Bid Authorization and Construction Phases. Any material alterations to the original Project Scope or Budget as initially described in the Grant Application must be authorized by TIB in advance by written amendment. 3.0 PROJECT DOCUMENTATION TIB requires RECIPIENT to make reasonable progress and submit timely Project documentation as applicable throughout the Project. Upon RECIPIENT’s submission of each Project document to TIB, the terms contained in the document will be incorporated by reference into the Agreement. Required documents include, but are not limited to the following: a) Project Funding Status Form b)Bid Authorization Form with plans and engineers estimate c) Award Updated Cost Estimate d)Bid Tabulations e) Contract Completion Updated Cost Estimate with final summary of quantities f)Project Accounting History 4.0 BILLING AND PAYMENT Exhibit A 01-02-2024 City Council Agenda Packet Page 68 of 84 Washington State Transportation Improvement Board 8-3-161(016)-1 Fuel Tax Grant Agreement Fuel Tax Agreement Page 2 of 5 November 2012 The local agency shall submit progress billings as project costs are incurred to enable TIB to maintain accurate budgeting and fund management. Payment requests may be submitted as often as the RECIPIENT deems necessary, but shall be submitted at least quarterly if billable amounts are greater than $50,000. If progress billings are not submitted, large payments may be delayed or scheduled in a payment plan. 5.0 TERM OF AGREEMENT This Agreement shall be effective upon execution by TIB and shall continue through closeout of the grant or until terminated as provided herein, but shall not exceed 10 years unless amended by the Parties. 6.0 AMENDMENTS This Agreement may be amended by mutual agreement of the Parties. Such amendments shall not be binding unless they are in writing and signed by persons authorized to bind each of the Parties. 7.0 ASSIGNMENT The RECIPIENT shall not assign or transfer its rights, benefits, or obligations under this Agreement without the prior written consent of TIB. The RECIPIENT is deemed to consent to assignment of this Agreement by TIB to a successor entity. Such consent shall not constitute a waiver of the RECIPIENT’s other rights under this Agreement. 8.0 GOVERNANCE & VENUE This Agreement shall be construed and interpreted in accordance with the laws of the state of Washington and venue of any action brought hereunder shall be in the Superior Court for Thurston County. 9.0 DEFAULT AND TERMINATION 9.1 NON-COMPLIANCE a) In the event TIB determines, in its sole discretion, the RECIPIENT has failed to comply with the terms and conditions of this Agreement, TIB shall notify the RECIPIENT, in writing, of the non-compliance. b) In response to the notice, RECIPIENT shall provide a written response within 10 business days of receipt of TIB’s notice of non-compliance, which should include either a detailed plan to correct the non-compliance, a request to amend the Project, or a denial accompanied by supporting details. c) TIB will provide 30 days for RECIPIENT to make reasonable progress toward compliance pursuant to its plan to correct or implement its amendment to the Project. d) Should RECIPIENT dispute non-compliance, TIB will investigate the dispute and may withhold further payments or prohibit the RECIPIENT from incurring additional reimbursable costs during the investigation. 9.2 DEFAULT Exhibit A 01-02-2024 City Council Agenda Packet Page 69 of 84 Washington State Transportation Improvement Board 8-3-161(016)-1 Fuel Tax Grant Agreement Fuel Tax Agreement Page 3 of 5 November 2012 RECIPIENT may be considered in default if TIB determines, in its sole discretion, that: a) RECIPIENT is not making reasonable progress toward correction and compliance. b) TIB denies the RECIPIENT’s request to amend the Project. c) After investigation TIB confirms RECIPIENT’S non-compliance. TIB reserves the right to order RECIPIENT to immediately stop work on the Project and TIB may stop Project payments until the requested corrections have been made or the Agreement has been terminated. 9.3 TERMINATION a) In the event of default by the RECIPIENT as determined pursuant to Section 9.2, TIB shall serve RECIPIENT with a written notice of termination of this Agreement, which shall be served in person, by email or by certified letter. Upon service of notice of termination, the RECIPIENT shall immediately stop work and/or take such action as may be directed by TIB. b) In the event of default and/or termination by either PARTY, the RECIPIENT may be liable for damages as authorized by law including, but not limited to, repayment of grant funds. c) The rights and remedies of TIB provided in the AGREEMENT are not exclusive and are in addition to any other rights and remedies provided by law. 9.4 TERMINATION FOR NECESSITY TIB may, with ten (10) days written notice, terminate this Agreement, in whole or in part, because funds are no longer available for the purpose of meeting TIB’s obligations. If this Agreement is so terminated, TIB shall be liable only for payment required under this Agreement for performance rendered or costs incurred prior to the effective date of termination. 10.0 USE OF TIB GRANT FUNDS TIB grant funds come from Motor Vehicle Fuel Tax revenue. Any use of these funds for anything other than highway or roadway system improvements is prohibited and shall subject the RECIPIENT to the terms, conditions and remedies set forth in Section 9. If Right of Way is purchased using TIB funds, and some or all of the Right of Way is subsequently sold, proceeds from the sale must be deposited into the RECIPIENT’s motor vehicle fund and used for a motor vehicle purpose. 11.0 INCREASE OR DECREASE IN TIB GRANT FUNDS At Bid Award and Contract Completion, RECIPIENT may request an increase in the maximum payable TIB funds for the specific project. Requests must be made in writing and will be considered by TIB and awarded at the sole discretion of TIB. All increase requests must be made pursuant to WAC 479-05-202 and/or WAC 479-01-060. If an increase is denied, the recipient shall be liable for all costs incurred in excess of the maximum amount payable by TIB. In the event that final costs related to the specific project are less than the initial grant award, Exhibit A 01-02-2024 City Council Agenda Packet Page 70 of 84 Washington State Transportation Improvement Board 8-3-161(016)-1 Fuel Tax Grant Agreement Fuel Tax Agreement Page 4 of 5 November 2012 TIB funds will be decreased and/or refunded to TIB in a manner that maintains the intended ratio between TIB funds and total project costs, as described in Section 1.0 of this Agreement. 12.0 INDEPENDENT CAPACITY The RECIPIENT shall be deemed an independent contractor for all purposes and the employees of the RECIPIENT or any of its contractors, subcontractors, and employees thereof shall not in any manner be deemed employees of TIB. 13.0 INDEMNIFICATION AND HOLD HARMLESS The PARTIES agree to the following: Each of the PARTIES, shall protect, defend, indemnify, and save harmless the other PARTY, its officers, officials, employees, and agents, while acting within the scope of their employment as such, from any and all costs, claims, judgment, and/or awards of damages, arising out of, or in any way resulting from, that PARTY’s own negligent acts or omissions which may arise in connection with its performance under this Agreement. No PARTY will be required to indemnify, defend, or save harmless the other PARTY if the claim, suit, or action for injuries, death, or damages is caused by the sole negligence of the other PARTY. Where such claims, suits, or actions result from the concurrent negligence of the PARTIES, the indemnity provisions provided herein shall be valid and enforceable only to the extent of a PARTY’s own negligence. Each of the PARTIES agrees that its obligations under this subparagraph extend to any claim, demand and/or cause of action brought by, or on behalf of, any of its employees or agents. For this purpose, each of the PARTIES, by mutual negotiation, hereby waives, with respect to the other PARTY only, any immunity that would otherwise be available to it against such claims under the Industrial Insurance provision of Title 51 RCW. In any action to enforce the provisions of the Section, the prevailing PARTY shall be entitled to recover its reasonable attorney’s fees and costs incurred from the other PARTY. The obligations of this Section shall survive termination of this Agreement. 14.0 DISPUTE RESOLUTION a) The PARTIES shall make good faith efforts to quickly and collaboratively resolve any dispute arising under or in connection with this AGREEMENT. The dispute resolution process outlined in this Section applies to disputes arising under or in connection with the terms of this AGREEMENT. b)Informal Resolution. The PARTIES shall use their best efforts to resolve disputes promptly and at the lowest organizational level. c) In the event that the PARTIES are unable to resolve the dispute, the PARTIES shall submit the matter to non-binding mediation facilitated by a mutually agreed upon mediator. The PARTIES shall share equally in the cost of the mediator. d)Each PARTY agrees to compromise to the fullest extent possible in resolving the dispute in order to avoid delays or additional incurred cost to the Project. e) The PARTIES agree that they shall have no right to seek relief in a court of law until and unless the Dispute Resolution process has been exhausted. Exhibit A 01-02-2024 City Council Agenda Packet Page 71 of 84 Washington State Transportation Improvement Board 8-3-161(016)-1 Fuel Tax Grant Agreement Fuel Tax Agreement Page 5 of 5 November 2012 15.0 ENTIRE AGREEMENT This Agreement, together with the RECIPIENT’S Grant Application, the provisions of chapter 47.26 Revised Code of Washington, the provisions of title 479 Washington Administrative Code, and TIB Policies, constitutes the entire agreement between the PARTIES and supersedes all previous written or oral agreements between the PARTIES. 16.0 RECORDS MAINTENANCE The RECIPIENT shall maintain books, records, documents, data and other evidence relating to this Agreement and performance of the services described herein, including but not limited to accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Agreement. RECIPIENT shall retain such records for a period of six years following the date of final payment. At no additional cost, these records, including materials generated under the Agreement shall be subject at all reasonable times to inspection, review or audit by TIB personnel duly authorized by TIB, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement. If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. Approved as to Form Attorney General By: Signature on file Guy Bowman Assistant Attorney General Lead Agency Transportation Improvement Board Chief Executive Officer Date Executive Director Date Print Name Print Name Exhibit A 01-02-2024 City Council Agenda Packet Page 72 of 84 8/11/23, 1:50 PM TIB UAP Funding Application www.tib.wa.gov/FundingApplications/Applications/Urban/printableApplication.cfm?AN=UAP_2025_W062 1/12 2023 UAP Funding Application Urban Arterial Program (UAP) Application Attachments Include the following attachments with your application Agency Contact Garren Melton Phone Number (509) 423-5212 Email Address gmelton@eastwenatcheewa.gov Legislative District(s) 12 Congressional District(s) 4 Total Length in Miles 1.30 Average Annual Daily Trac (AADT) 2,500 DAHP Location Information 12   22N   20E Agency Name City of East Wenatchee Arterial Name 5th Street NE Safety and Multimodal Improvements Project Limits N Baker Ave to N Kentucky Ave Functional Class Urban Collector Federal Route 5906 Truck Route Not a Truck Route Intersection ONLY? No Project Type Reconstruction Documentation Excerpt from adopted Six-Year Transportation Improvement Program showing project Detailed vicinity map clearly showing project limits Detailed project cost estimate signed by a professional engineer registered in Washington State Typical roadway section(s) Funding commitment from all funding partners Written concurrence from WSDOT if project is on or connects to a state highway Adopted bicycle plan if project includes bicycle facilities Signal Warrant with Engineering Study Bridge Suciency Rating Report Department of Archaeology & Historic Preservation (DHAP) concurrency letter Crash history documentation (Required for Safety band) Trac Study stamped by a Washington State professional engineer (Required for Mobility band) Development map showing development site(s) (Required for Growth & Development band) Comprehensive plan excerpt dening the economic development project (Required for Growth & Development band) Comprehensive plan excerpt dening agency CBD & urban activity centers (Required for Growth & Development band) Project Pictures (9 picture(s) attached.) EXHIBIT B 01-02-2024 City Council Agenda Packet Page 73 of 84 8/11/23, 1:50 PM TIB UAP Funding Application www.tib.wa.gov/FundingApplications/Applications/Urban/printableApplication.cfm?AN=UAP_2025_W062 2/12 Total Requested TIB Funds $2,500,000 Maximum TIB Ratio 85% Is this a construction ready project?   NO Are TIB funds distributed proportionally through all project phases?   YES Funding Partners Local funds are correct. Project Funding Justication for NOT distributing TIB funds proportionally across all phases. Phase Total Project TIB Funds Local Funds Design Engineering 460,796 384,615 76,181 Right of Way 0 0 0 Construction Engineering 230,398 192,308 38,090 Construction Other 0 0 0 Construction Contract 2,303,981 1,923,077 380,904 Total 2,995,175 2,500,000 495,175 Noneligible Engineering 0 Other Noneligible Costs 0 Total Eligible Cost 2,995,175 TIB Matching Ratio 84% Source Public or Private Commitment Letter Amount City of East Wenatchee Public In CIP 495,175 0 0 0 0 0 0 Funding Partner Total 495,175 Are additional funds, not listed above, still being sought? List additional funding sourcesl being sought: EXHIBIT B 01-02-2024 City Council Agenda Packet Page 74 of 84 8/11/23, 1:50 PM TIB UAP Funding Application www.tib.wa.gov/FundingApplications/Applications/Urban/printableApplication.cfm?AN=UAP_2025_W062 3/12 Project Description Identify the community's need for this project Identify the solution to the need described above Does this project need a sidewalk deviation?   YES Describe the needed sidewalk deviation Describe Construction Other work Describe Non-eligible work What is the condition of storm water conveyance facilities?   Describe the existing storm water issues Describe the proposed storm water solution Describe any other work 5th Street NE is an Urban Major Collector that serves as a vital east-west connection for residents, connecting R-L and R-H zones to the Central Business District. There are three schools (Sterling Junior High, Kenroy Elementary, and Eastmont High school all directly accessed by 5th Street NE. In addition, Eastmont Junior High, Kenroy Park, Eastmont Community Park, and the Citys commercial business district are all within a three block radius of this corridor. Link Transit also relies on 5th Street NE as one of their primary transit corridors in East Wenatchee. The City views 5th Street as a high priority for urban improvements to oer safe multimodal connections to citizens in the residential areas to abovementioned points of interest. The City has made great progress on 5th Street NE by completing various sidewalk projects. In the past ve years the City has built (or is currently building) 4650 lf of urban improvements on 5th St. Due to the two largest projects being funded by Safe Routes to School, the projects were centered around the schools. This has left an 850ft and a 1300ft gap in an otherwise continuous corridor. In addition to the corridor enhancements, the intersection of 5th Street NE and Eastmont Ave is failing. Both the northbound and southbound through movements (the two highest volume movements) are currently classied as a LOS F. The intersection also has a higher rate of accidents and injury accidents than other comparable intersections in the City. Due to the high concentration of schools, parks, transit stops, and the connection of residential neighborhoods to the downtown, 5th Street is likely to have a large amount of pedestrian and bike trac. Existing projects have included trac calming features such as raised intersections, raised crossings, RRFBs, and narrow roadways to manage vehicle speeds. This project includes a trac study to evaluate lowering the speed limit, lling in the remaining gaps in improvements, and nishing the corridor with additional trac calming elements to eectively manage speeds. To address the failing intersection at Eastmont Ave, a signal is being proposed. With a signal all movements would be improved to a LOS A or B. In 2043 the signal would still operate well, with most movements still a LOS A or B, with a couple of LOS Cs. The signal is also expected to improve safety at the intersection. The City is proposing a deviation between Eastmont Ave and N Grover, and from N James to N Jonathan on 5th St. Sidewalk will be installed on the north side of the street. This provides a connection between improvements, and will have enhanced crossings at each end of the north side only sidewalk. Most ow control issues on 5th Street are being addressed by the Citys SRTS projects. The remaining need will be installing a stormwater system where installing curb gutter and sidewalk is proposed. Due to the primary goal of this project being an active transportation project, stormwater facilities were limited to the minimum necessary improvements to control and treat the stormwater generated by these improvements. CPEP will transport the water to four drywells along the corridor. EXHIBIT B 01-02-2024 City Council Agenda Packet Page 75 of 84 8/11/23, 1:50 PM TIB UAP Funding Application www.tib.wa.gov/FundingApplications/Applications/Urban/printableApplication.cfm?AN=UAP_2025_W062 4/12 Water Utilities    No water utilities Sewer Utilities    No sewer utilities Power Utilities    No power utilities Additional Utilities Project Utilities Describe utility relocations necessary for this project Describe any other work related to the project. Age of Utilities - 11 to 20 years Planned Work - Leave Existing in Place Utility Condition - Excellent Improvements Funded? - Yes Planned Water Improvements (funding, coordination, schedule) Services between James Ave and Jonathan Ave may need upgraded. Costs associated with this would be entirely covered by the East Wenatchee Water District. Age of Utilities - 31 years or older Planned Work - Leave Existing in Place Utility Condition - Good Improvements Funded? - Yes Planned Sewer Improvements (funding, coordination, schedule) The Sewer District has expressed an interest in running a carrier pipe across Eastmont Ave to accommodate future development on 5th Street NE. All costs would be covered by the District if they choose to participate in the project. Age of Utilities - 31 years or older Planned Work - Leave Existing in Place Utility Condition - Good Improvements Funded? Planned Power Improvements (funding, coordination, schedule) Age of Utilities - Planned Work - Utility Condition - Improvements Funded? - Planned Improvements (funding, coordination, schedule) Age of Utilities - Planned Work - Utility Condition - Improvements Funded? - Planned Improvements (funding, coordination, schedule) EXHIBIT B 01-02-2024 City Council Agenda Packet Page 76 of 84 8/11/23, 1:50 PM TIB UAP Funding Application www.tib.wa.gov/FundingApplications/Applications/Urban/printableApplication.cfm?AN=UAP_2025_W062 5/12 Roadway Geometrics Enter the parameters as they currently exist and after the project is constructed Segment One Segment Two Segment Termini Eastmont Ave to N Grover Ave N James Ave to N Jonathan Ave Segment Length (in Feet)1,250 820 Average Daily Trac Volume 2,500 2,500 Existing Proposed Existing Proposed Pavement Width Curb to curb or edge to edge 30 32 30 32 Number of General Purpose Lanes Do NOT include Transit/HOV or Continuous LT Turn Lane 2 2 2 2 Travel Lane Width Typical lane width 12 11 12 11 Continuous Left Turn Lane Width Enter width of lane in feet 0 0 0 0 Speed Limit Enter the posted speed limit 30 30 30 30 Shoulder or Parking Width Enter average width per side in feet 3 0 3 0 Bicycle Lane Type No Facilities Bicycle Lane No Facilities Bicycle Lane Bicycle Lane Width Bicycle lane width in feet 0 5 6 6 Pedestrian Buer Width between curb and sidewalk in feet 0 5 6 6 Sidewalk Placement None One Side None One Side Sidewalk Width Enter the width of the sidewalk in feet 0 5 0 5 Is there a median?No No No No Shoulder or Parking Placement Both Sides None Both Sides None Shoulder or Parking Surfacing Surfaced None Surfaced None Parking Type None None None None Percent On Street Parking Total % of segment (e.g. parking one side is 50%) 0%0%0%0% Curb Placement None One Side None One Side Storm Drainage Swale / Ditch Enclosed System None Enclosed System Segment meets ADA standards No Yes No Yes Is there any street lighting present?No Yes No Yes How many xed objects are present?0 0 0 0 EXHIBIT B 01-02-2024 City Council Agenda Packet Page 77 of 84 8/11/23, 1:50 PM TIB UAP Funding Application www.tib.wa.gov/FundingApplications/Applications/Urban/printableApplication.cfm?AN=UAP_2025_W062 6/12 Intersection Geometrics Enter the parameters as they currently exist and after the project is constructed Project Schedule Enter target dates Segment One Segment Two Intersection Location Eastmont Ave and 5th Street NE Major Approach Average Daily Volume 10,000 0 Minor Approach Average Daily Volume 2,700 0 Existing Proposed Existing Proposed Intersection Control All Way Stop Signalized Intersection Type 4-Leg 4-Leg Intersection meets ADA standards Yes Yes Is there intersection lighting present?Yes Yes Is there a dedicated left turn lane?Yes Yes Is there a dedicated right turn lane?No No Is there protected left turn phasing?No Yes Milestone Date Start Design 02/01/2024 Env. Documentation Complete & Permits Approved 06/01/2024 Right of Way Acquisition Complete 02/01/2025 Contract Advertisement 02/01/2025 Contract Award 03/04/2025 Contract Completion 09/01/2025 EXHIBIT B 01-02-2024 City Council Agenda Packet Page 78 of 84 8/11/23, 1:50 PM TIB UAP Funding Application www.tib.wa.gov/FundingApplications/Applications/Urban/printableApplication.cfm?AN=UAP_2025_W062 7/12 Safety/Crash Analysis    Consider this application in the Safety Band Enter the total numbers for crash history within the project limits. Include crash history from the last three years. Crash documentation must be attached so TIB sta can analyze the information. WSDOT does not provide pedestrian only incident information, this must be documented by your agency. Property damage only incidents:    18 Incidents with injuries:    4 Incidents with fatalities:    0 Crash Location/Type PDO?Injuries Fatalities Primary Countermeasure 1300 Block of 5th Street NE Vehicle non-driveway Yes 0 0 Speed Management 400 Block of 5th St NE Vehicle non-driveway Yes 0 0 Speed Management 400 Block of 5th Street NE Vehicle non-driveway Yes 0 0 Speed Management 400 Block of 5th Street NE Vehicle non-driveway Yes 0 0 Speed Management 400 Block of 5th Street NE Intersection No 1 0 Speed Management 5th St NE and N Grover Ave Vehicle non-driveway Yes 0 0 Speed Management 900 Block of 5th St NE Vehicle non-driveway Yes 0 0 Speed Management Intersection of 5th St NE Dayton Ave Vehicle non-driveway Yes 0 0 Speed Management Intersection of 5th St NE and Fuller St Intersection Yes 0 0 Increase sight distance Intersection of Eastmont 5th Street NE Intersection Yes 0 0 Intersection control Intersection of Eastmont 5th Street NE Intersection Yes 0 0 Intersection control Intersection of Eastmont 5th Street NE Intersection Yes 0 0 Intersection control Intersection of Eastmont 5th Street NE Intersection No 1 0 Intersection control Intersection of Eastmont 5th Street NE Intersection Yes 0 0 Intersection control Intersection of Eastmont 5th Street NE Intersection Yes 0 0 Intersection control Intersection of Eastmont 5th Street NE Intersection Yes 0 0 Intersection control Intersection of Eastmont 5th Street NE Intersection No 1 0 Intersection control Intersection of Eastmont 5th Street NE Intersection Yes 0 0 Intersection control Intersection of Eastmont 5th Street NE Intersection Yes 0 0 Speed Management Intersection of Eastmont 5th Street NE Intersection Yes 0 0 Intersection control Intersection of Eastmont 5th Street NE Intersection No 1 0 Intersection control Intersection of Eastmont 5th Street NE Intersection Yes 0 0 Intersection control EXHIBIT B 01-02-2024 City Council Agenda Packet Page 79 of 84 8/11/23, 1:50 PM TIB UAP Funding Application www.tib.wa.gov/FundingApplications/Applications/Urban/printableApplication.cfm?AN=UAP_2025_W062 8/12 Mobility    Consider this application in the Mobility Band Congestion Describe the congestion the project addresses. Network Connectivity Modal Access Describe the non-motorized path. Describe the bottleneck the project addresses and the proposed solution. Central Business District/Urban Activity Center Access Describe the CBD/Activity Center access improvements. Signal Management Project addresses congestion on the system or specic adjacent route. Eastmont Ave is an urban principal arterial, and averages approximately 10,000 vehicles per day. The current LOS for both through movements with the current 4 way stop is a LOS F. The proposed signal would increase these movements to a LOS A, while all movements will operate at a LOS B or better in 2023, and LOS C in 2043. Eastmont Ave is being upgraded to a T-3 corridor (previously T-4). Completes Corridor    Corridor Termini: Completes gap between existing improvements (Existing improvements must meet urban standards.) Extends existing improvements (Existing improvements must meet urban standards.) Project does NOT complete or extend any existing improvements Project constructs a new road Transit facility access provided by the project:Multiple bus stops within project limits Non-motorized path access provided by the project.Access to designated paved path Eastmont Ave is an urban principal arterial, and averages approximately 10,000 vehicles per day. The current LOS for both through movements with the current 4 way stop is a LOS F. The proposed signal would increase these movements to a LOS A, while all movements will operate at a LOS B or better in 2023, and LOS C in 2043. Eastmont Ave is being upgraded to a T-3 corridor (previously T-4). Freight facility access provided by the project: No Freight Facility Access improvements Select ALL freight carrying modes accessing the facility Airplane Rail Ship Truck Trucks per day: 0 Project relieves a bottleneck The proposed signal at 5th and Eastmont will relieve the bottleneck on Eastmont Ave. The LOS for through lanes on Eastmont Ave will improve from LOS F to LOS A. All approach LOS will improve to a LOS B. Eastmont Ave is an Urban Principal Arterial. CBD/Urban Activity Center access provided by the project: Connects to Central Business District This project provides a contiguous connection for the high density and low density residential zones to the CBD at the West side of the corridor. Project adds signal interconnect Project connects to Trac Management Center (TMC) EXHIBIT B 01-02-2024 City Council Agenda Packet Page 80 of 84 8/11/23, 1:50 PM TIB UAP Funding Application www.tib.wa.gov/FundingApplications/Applications/Urban/printableApplication.cfm?AN=UAP_2025_W062 9/12 Growth & Development    Consider this application in the Growth & Development Band Describe the commercial economic development site the project supports. Choose the description that best describes the status of the infrastructure tied to the economic development site. Describe the development agreement, if one exists. Provide the following information regarding the economic development site this project supports. Project supports a specic commercial economic development site Development fullls the comprehensive plan Zoning is in place for this specic commercial development Water at development Sewer at development Power at development Percent of permits issued 0% Number of dwelling units 0 Number of jobs created 0 Total development site acreage 0 Choose the development type. Choose the description that best describes WHERE the economic development site is located. Choose the description that best describes the PROXIMITY of the project to the economic development site. EXHIBIT B 01-02-2024 City Council Agenda Packet Page 81 of 84 8/11/23, 1:50 PM TIB UAP Funding Application www.tib.wa.gov/FundingApplications/Applications/Urban/printableApplication.cfm?AN=UAP_2025_W062 10/12 Physical Condition Structural Deciencies Select any items from the list below that apply to this project. Explain how the project xes any structural issues. Walls - No If YES, briey describe the deciency and the corrective measures to address it. Bridges - No      Bridge Rating: -- If YES, briey describe the deciency and the corrective measures to address it. Slope Stability - No If YES, briey describe the deciency and the corrective measures to address it. Stormwater Conveyance - No If YES, briey describe the deciency and the corrective measures to address it. Culverts - No If YES, briey describe the deciency and the corrective measures to address it. Subgrade - No If YES, briey describe the deciency and the corrective measures to address it. EXHIBIT B 01-02-2024 City Council Agenda Packet Page 82 of 84 8/11/23, 1:50 PM TIB UAP Funding Application www.tib.wa.gov/FundingApplications/Applications/Urban/printableApplication.cfm?AN=UAP_2025_W062 11/12 Physical Deciencies Select the deciency type and describe the existing deciency within the project limits. Describe the project corrective measure(s) that eliminate or mitigate the deciency. Deciency 1 - none Describe the deciency and the corrective measures to address it. Deciency 2 - none Describe the deciency and the corrective measures to address it. Deciency 3 - none Describe the deciency and the corrective measures to address it. Deciency 4 - none Describe the deciency and the corrective measures to address it. Deciency 5 - none Describe the deciency and the corrective measures to address it. Deciency 6 - none Describe the deciency and the corrective measures to address it. EXHIBIT B 01-02-2024 City Council Agenda Packet Page 83 of 84 8/11/23, 1:50 PM TIB UAP Funding Application www.tib.wa.gov/FundingApplications/Applications/Urban/printableApplication.cfm?AN=UAP_2025_W062 12/12 Sustainability & Constructability Agency Policies and Ordinances Sustainability Measures Select the sustainable elements that appear within the project limits Construction Readiness & Ease of Implementation Indicate where in the process the project is for each component at the time of application. Accelerated Construction Methods Describe below any other accelerated construction methods that will be used. Ordinance Number 2018-16 Adoption Date October 23, 2018 Policy Number 2010-09 Adoption Date September 14, 2010 Ordinance Number 99-1 Adoption Date January 04, 1999 Policy Number 2012-12 Adoption Date November 13, 2012 Agency has adopted Complete Streets ordinance Agency has adopted Greenhouse Gas Emissions policy Agency has adopted a "No Cut" ordinance Agency has adopted TBD or other locally dedicated transportation funding by ordinance Number of peak hour buses 4 Bicycle Facility Project COMPLETES GAP in bicycle lane or path Adds queue jump or transit only lane (describe location below) Incorporates low impact drainage or enhanced treatment stormwater controls Incorporates Hardscaping or climate-appropriate planting and no permanent irrigation Add Solar-powered signage In-place pavement recycling or structural retrot Describe the sustainability elements selected above Possible landscape areas (bulb outs) will incorporate hardscape that does not require irrigation. Solar signage will be evaluated based on the results of the speed study. Utilizing LID techniques and emerging treatment technologies will be evaluated during design. This project is Construction Ready and will be advertised before June 1, 2024. PSE % Complete 0% Permits Not Started Right of Way None Needed Cultural Resources Not Started Utilities Utility Work Needed and Fully Funded Federal Permits Required for Project or WSDOT Involvement?No Road will be closed during construction Most work will be able to be completed on the shoulder, which will allow 2 way trac to be maintained at all times. On past intersection projects the City has allowed a full closure of major intersections for 2-3 weeks to allow for accelerated construction. This project is likely a good candidate, because the closure of Eastmont and 5th would also allow for accelerated construction of the sidewalk and stormwater improvements on 5th St from Eastmont to Grover. EXHIBIT B 01-02-2024 City Council Agenda Packet Page 84 of 84