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HomeMy WebLinkAbout06-04-2024 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.06-01-2024 Prosecution City Attorney Services Agreement: Kyle Hoffman Law PLLC. b.Vouchers: Date: 06-04-2024 Checks: 60199-60242, in the amount of $699,349.19. c.Minutes: 05-21-2024 City 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.ACTION ITEMS a.Resolution 2024-32, Professional Services Agreement with SCJ Alliance for climate resiliency planning. – Curtis Lillquist, Community Development Director. Motion by City Council to approve Resolution 2024-32, authorizing Mayor Crawford to execute a consultant service agreement with SCJ Alliance for an amount not to exceed $150,000.00 for climate resiliency planning. b.Resolution 2024-33, RH2 Task Authorization for design of the 2024 TIB Complete Streets: 3rd Street NE Project, City Project No. 2024-04. – Garren Melton, Public Works Manager. Motion by City Council to approve Resolution 2024-33, authorizing Mayor Crawford to execute a Task Authorization with RH2 Engineering for design services associated with the City’s 2024 TIB Complete Streets Project; City Project No. 2024-04. Tuesday, June 4, 2024 6:00 PM Council Chambers pg. 3 pg. 8 pg. 25 pg. 27 pg. 41 06-04-2024 City Council Agenda Packet Page 1 of 85 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 c.Resolution 2024-34, Transportation Improvement Board Complete Streets Grant Award: 3rd Street Bike and Pedestrian Improvements. – Garren Melton, Public Works Manager. Motion by City Council to approve Resolution 2024-34, authorizing Mayor Crawford execute an agreement between the City of East Wenatchee and the Transportation Improvement Board for 3rd Street Bike and Pedestrian Improvements from North Georgia Avenue to North Hanford Avenue. d.Resolution 2024-35, US Department of Transportation agreement for the Douglas County Regional Multimodal Safety Action Plan. – Garren Melton, Public Works Manager. Motion by City Council to approve Resolution 2024-35, authorizing Mayor Crawford to execute an agreement with the US Department of Transportation for the Douglas County Regional Multimodal Safety Action Plan. e.Resolution 2024-36, Interlocal Agreement Between the City of East Wenatchee and the East Wenatchee Water District for Utility Work and Pavement Overlay Projects on Parkroy Place. – Garren Melton, Public Works Manager. Motion by City Council to approve Resolution 2024-36, authorizing Mayor Crawford to execute an Interlocal agreement with the East Wenatchee Water District for Utility Work and Pavement Overlay Projects on Parkroy Place. 7.MAYOR’S REPORT a.K-9 Fundraiser Update. b.Eastmont Graduation. c.Pangborn Festival of Flight. d.Relay for Life. 8.COUNCIL REPORTS & ANNOUNCEMENTS a.Reports/New Business of Council Committees. 9.ADJOURNMENT pg. 45 pg. 55 pg. 73 06-04-2024 City Council Agenda Packet Page 2 of 85 AGREEMENT FOR CITY ATTORNEY SERVICES June 1, 2024 through December 31, 2024 THIS AGREEMENT is between the City of East Wenatchee (the "City") and Kyle Hoffman Law PLLC (the “Law Firm”). WHEREAS, RCW 35A.12.020 and EWC 2.16.010 authorizes the Mayor to appoint a City Attorney; and WHEREAS, the Mayor has appointed Kyle F. Hoffman, a member of the Law Firm, as an Assistant City Attorney; and WHEREAS, the Parties desire to document their agreements regarding the provision of legal services by the Law Firm. 1.Provision of Attorney Services. a. General. Beginning June 1, 2024, Law Firm will perform and act as an attorney for the City to provide general criminal prosecution and related legal services to the City. Without limiting the generality of the foregoing, such services will include, without limitation, serving as attorney for the City at the municipal court level for the prosecution of criminal and infraction cases within the jurisdiction of the East Wenatchee Municipal Court. Law Firm will provide all necessary offices, equipment and support staff needed to provide these services. Law Firm shall report to the Mayor, or her/his designee, and shall provide other services relating to prosecution as follows: (i)Consulting with the City police department for consideration of appropriate charging decisions and referrals to Superior Court; (ii)Coordinating felony decline cases with the Douglas County Prosecutor’s office to enable a handoff between entities. (iii)Advising the City police department, as requested, on the conduct of investigations, property seizures, warrants and other issues as may be requested by City’s Police Department. b.Special City Attorney. Nothing in this section prevents Law Firm and the City Council from agreeing to retain and utilize the services of a special city attorney to assist Law Firm or the City in in special or unique cases. c.Standard of Performance. Law Firm and its employees, contractors and agents, will provide the Attorney Services with the same skill and care ordinarily exercised by members of Law Firm’s profession. 06-04-2024 City Council Agenda Packet Page 3 of 85 d.Compliance with Laws. Law Firm will comply with all federal, state and municipal laws, rule and regulations that apply to the providing of the Attorney Services. e.Personnel Performing Attorney Services. While the Attorney Services may be performed by any Washington licensed attorney employed or contracted by Law Firm, it is intended that Kyle F. Hoffman be the primary attorney responsible for communicating with the City and providing the Attorney Services. At the time of this agreement there is no secondary contact. In the event that the Law Firm anticipates that will provide services under this Agreement through attorneys other than Kyle Hoffman, Law Firm shall notify the Mayor and obtain the Mayor's prior approval for use of the secondary attorney to provide services under this Agreement. F.Reporting. Law Firm shall provide information on the disposition of specific cases upon request. Additionally, Law Firm shall provide the Mayor with general information regarding the number of cases currently pending upon request. 2.Manner of Performance of Legal Services and Communications. Transmission of Attorney Work Product may be by electronic e-mail. All attorney work product for outside distribution will be provided to the City in a timely manner for review and approval prior to distribution. Outside distribution shall mean any production to members of the public but shall not include production of work product to the Court, defense attorneys or others in the normal course of providing Attorney Services. Law Firm will promote and protect the public interest over individual interests. 3.Compensation, Billing and Payment. The City will pay the Law Firm as follows for providing the Attorney Services: a. Fees. As compensation for providing criminal prosecution and infraction prosecution City Attorney Services, the Law Firm will be paid $11,000.00 per month, with services beginning June 1, 2024. Preparation for Jury trials that have been confirmed ready for trial by both the City and Defense shall not be included in the $11,000.00. Additionally. performance of a jury trial shall not be included in the flat rate amount. Jury trial preparation and performance of a jury trial shall be at an hourly rate of $150. In the event the City requires appeal work, the City and Law Firm shall negotiate an hourly or flat rate based fee for the work. b.Reimbursement of Costs. Besides the payment for Attorney Services, City will reimburse Law Firm for all out-of-pocket costs it incurs, including filing fees, court costs, and related litigation expenses. Law Firm will not charge for routine and ordinary telephone charges and postage charges. c.Billing and Payment. The City shall pay Law Firm the flat rate amount of $11,000 per month. Law Firm shall invoice City at the beginning of each month for services to be rendered during that month. City shall process the invoice for payment mid-month. Time spent by Law Firm in preparing for and attending jury trials will be separately itemized and 06-04-2024 City Council Agenda Packet Page 4 of 85 billed monthly and submitted to City by the 15th day each month with City’s payment due within 30 days of the date that the billing is received. d. Charge-through of Attorney’s standard rate. The attorneys in Law Firm have standard rates for legal services higher than the rates in section 3(a). At those times where the Attorney Services are incurred for third party’s benefit, or where the Municipal Code or other law provides that City’s costs are to be reimbursed by a third party, or where a contract with a third party provides that City’s costs are to be reimbursed by a third party, the rates will be at the standard rate for the attorney performing those Attorney Services. The parties will determine the best method of tracking, billing, collection and payment for Attorney Services provided under this circumstance based on the Law Firm’s standard rates for legal services. 4.Conflicts of Interest. Law Firm has an independent law practice and regularly performs legal services for clients other than City. Law Firm will not perform legal services for clients which would constitute a conflict of interest or an ethical violation as defined in the Rules of Professional Conduct established by the Washington State Supreme Court without a written waiver from the City. If a conflict of interest arises where Law Firm cannot represent the City on a matter, City may retain such other legal counsel the City deems appropriate. 5.Discrimination. Law Firm will not discriminate against any employee or other applicant for employment or any other person in providing services required under this agreement because of race, creed, color, national origin, marital status, sex, gender, age, or physical, mental or sensory handicap, unless a bona fide occupational qualification exists. 6.Termination. Either party may terminate this Agreement without cause, by providing written notice of 90 days to the other party. 7.Term. This Agreement is effective June 1, 2024 and expires on December 31, 2024. This Agreement will automatically renew for one-year period terms beginning upon the expiration date of the then-current term unless either party notifies the other party in writing at least 60 days prior to the expiration date of that term that the Agreement will not be extended. If the Agreement is not extended, the Law Firm will complete work in progress under mutually acceptable terms. If the parties cannot agree on terms for completing work in progress, the Law Firm will provide all unfinished documents, reports, or other material to City and City will pay the Law Firm for all work completed. 8.Professional Liability Insurance. Law Firm will secure and maintain a policy of professional liability insurance with an insurance company licensed to do business in the State of Washington with limits of no less than $1,000,000. Proof of insurance will be provided to the City upon the City’s request. 9.Indemnification. For this paragraph a party will include their respective officials, officers, employees and agents. The parties will indemnify one another as follows: a.Mutual Indemnification. The parties will indemnify and hold each other harmless from all claims, losses or liability, including attorneys’ fees, including claims 06-04-2024 City Council Agenda Packet Page 5 of 85 arising by accident, injury or death caused to persons or property of any kind proximately caused by the willful, reckless or negligent act of the other, including their respective officials, officers and employees. To the extent any of the damages referred to in this paragraph were caused by or resulted from the concurrent willful, reckless or negligence of the parties, the obligation to indemnify will be limited for the willful, reckless or negligent act of the party. It is specifically intended that if the alleged action of the Law Firm is not the sole alleged injury subjecting City to a claim for damages, Law Firm’s obligation to indemnify will not include the obligation to defend, but only to hold the City harmless from any judgment that may be entered against City for Law Firm’s percentage of fault. b.Indemnification for Acts in Official Capacity. City will indemnify and hold Law Firm harmless from all claims, losses or liability, including reasonable attorney’s fees, arising out of Law Firm’s performance of services required under this agreement, including claims arising by accident, injury or death caused to persons or property of any kind, to the extent the same are unrelated to any fault or neglect of Law Firm. 10.Independent Contractor. In providing Attorney Services, Law Firm works independently and without City’s supervision or control. The parties agree that Law Firm is an independent contractor and is not an employee of City, nor will any actions under this agreement convert any employee of Law Firm into being an employee of City. City will not be liable for, nor obligated to pay to Law Firm, contractor or any employee of Law Firm, sick leave, vacation pay, overtime or any other benefit applicable to employees of City, nor to pay or deduct any social security, income tax, or other tax from the payments made to Law Firm which may arise as an incident of the Law Firm performing Attorney Services for City, nor will the City be obligated to pay industrial insurance for the services rendered by the Law Firm. 11.Ownership of Work Product. All data, materials, reports, memoranda, and other documents developed by the Law Firm under this Agreement are the property of City and will be provided to City at its request at no charge to City. 12.Disclosure of Records under the Public Records Act. All of Law Firm’s writings, as defined in the Public Records Act, RCW 42.56 (the “Act”), associated with this Agreement and performing this Agreement, whether generated or received by Law Firm (“Records”), may be public records subject to disclosure under the Act and may also be exempt from disclosure as being subject to the attorney/client privilege or any other statutory exemption. a.Maintenance of Records. The Law Firm will maintain all Records in compliance with local retention schedules and will make the Records available to the City at no extra charge so City can comply with the City’s obligations under the Act. b.Potential Exemption of Records under the Attorney/Client privilege. Upon receiving a request to disclose Records under the Act which Law Firm believes are exempt from disclosure under the Act by reason of the attorney/client privilege or any statutory exemption, Law Firm will notify City, who will determine whether City will exercise its right to maintain the exemption, or waive the attorney/client privilege and/or exemption and disclose the Record. 06-04-2024 City Council Agenda Packet Page 6 of 85 13.Administration. The administrative contact for the City will be the City Clerk and for the Law Firm will be Kyle F. Hoffman. Any notices required under this Agreement will be delivered to the respective party at the respective addresses set forth: CITY: LAW FIRM: City Clerk Kyle F. Hoffman Laura Leon Kyle Hoffman Law PLLC 271 9th Street NE 1250 N. Wenatchee Ave., Ste H 175 East Wenatchee, WA 98802 Wenatchee WA 98801 cityclerk@eastwenatcheewa.gov Kyle@hoffmanlawpllc.org 509-886-6104 509-885-5901 14.Entire Agreement. This Agreement represents the Parties’ entire integrated agreement and supersedes all prior oral or written negotiations, representations or agreements. The Parties may modify this Agreement only by a written instrument. CITY: ________________________ By Jerrilea Crawford, Mayor KYLE HOFFMAN LAW, PLLC: _________________________________ Kyle F. Hoffman, Attorney 06-04-2024 City Council Agenda Packet Page 7 of 85 CHECKS: 60199-60242 VOIDED CHECKS: DEPARTMENT/FUND AMOUNT General Fund 001 $137,329.07 Rainy Day Fund 002 $0.00 Street Fund 101 $5,714.40 Community Dev Grants Funds 102 $0.00 Affordable Housing Tax Fund 103 $0.00 Housing & Related Services Fund 104 $0.00 Transportation Benefit District Fund 105 $0.00 SWAT Fund 107 $18,385.00 Library Fund 112 $374.84 Hotel/Motel Tax Fund 113 $5,062.00 Drug Fund 114 $0.00 Criminal Justice Fund 116 $0.00 Events Board Fund 117 $62.60 Bond Redemption Fund 202 $0.00 Street Improvements Fund 301 $527,540.20 Capital Improvements Fund 314 $0.00 Stormwater Fund 401 $1,671.15 Equipment R&R Fund 501 $3,083.93 Cafeteria Plan 634 $0.00 Custodial Activities 635 $126.00 Grand Total All Funds $699,349.19 CITY OF EAST WENATCHEE CHECK REGISTER June 4th, 2024 Account Payables 06-04-2024 City Council Agenda Packet Page 8 of 85 Fund Number Description Amount 001 General Fund $137,329.07 101 Street Fund $5,714.40 107 SWAT Fund $18,385.00 112 Library Fund $374.84 113 Hotel/Motel Tax Fund $5,062.00 117 Events Board Fund $62.60 301 Street Improvements Fund $527,540.20 401 Stormwater Fund $1,671.15 501 Equipment Purchase, Repair & Replacement Fund $3,083.93 635 Custodial Activities Fund $126.00 Count: 10 $699,349.19 Fund Transaction Summary Transaction Type: Invoice Fiscal: 2024 - June 2024 - June 2024 1st Council Printed by COEW\DSanchez on 5/29/2024 12:23:06 PM Page 1 of 1 East Wenatchee - Fund Transaction Summary 06-04-2024 City Council Agenda Packet Page 9 of 85 Vendor Number Reference Account Number Description Amount Ag Supply Company - 4953 60199 2024 - June 2024 - June 2024 1st Council Invoice - 5/28/2024 11:26:35 AM 04/2024 4953 pmt 401-000-008-531-00-30-07 Fuel $249.69 Total Invoice - 5/28/2024 11:26:35 AM $249.69 Total 60199 $249.69 Total Ag Supply Company - 4953 $249.69 Aps Inc 60200 2024 - June 2024 - June 2024 1st Council 91998 001-000-141-514-20-31-01 Office Machine Costs $427.79 Total 91998 $427.79 Total 60200 $427.79 Total Aps Inc $427.79 Blades Consulting 60201 2024 - June 2024 - June 2024 1st Council 2807 Permits 001-000-590-558-50-41-00 Professional Services $2,944.83 Total 2807 $2,944.83 2874 Permits 001-000-590-558-50-41-00 Professional Services $3,549.23 Total 2874 $3,549.23 2888 Permits 001-000-590-558-50-41-00 Professional Services $97.40 Total 2888 $97.40 2889 Permits 001-000-590-558-50-41-00 Professional Services $77.77 Total 2889 $77.77 Voucher Directory Fiscal: : 2024 - June 2024 Council Date: : 2024 - June 2024 - June 2024 1st Council Printed by COEW\DSanchez on 5/29/2024 12:22:32 PM Page 1 of 15 East Wenatchee - Voucher Directory 06-04-2024 City Council Agenda Packet Page 10 of 85 Vendor Number Reference Account Number Description Amount 2873 Permits 001-000-590-558-50-41-00 Professional Services $9,212.11 Total 2873 $9,212.11 2885 Permits 001-000-590-558-50-41-00 Professional Services $182.00 Total 2885 $182.00 2886 Permits 001-000-590-558-50-41-00 Professional Services $802.33 Total 2886 $802.33 2891 Permits 001-000-590-558-50-41-00 Professional Services $182.00 Total 2891 $182.00 2892 Permits 001-000-590-558-50-41-00 Professional Services $769.57 Total 2892 $769.57 Total 60201 $17,817.24 Total Blades Consulting $17,817.24 Cascade Natural Gas Corp 60202 2024 - June 2024 - June 2024 1st Council Invoice - 5/29/2024 11:55:48 AM 939 002 0000 2 101-000-430-543-50-47-00 Utilities - Facilities $84.14 Total Invoice - 5/29/2024 11:55:48 AM $84.14 Invoice - 5/29/2024 11:56:14 AM 839 002 0000 3 101-000-430-543-50-47-00 Utilities - Facilities $31.59 Total Invoice - 5/29/2024 11:56:14 AM $31.59 Total 60202 $115.73 Total Cascade Natural Gas Corp $115.73 Chelan County Treasurer 60203 2024 - June 2024 - June 2024 1st Council 150001-02025 06/2024 pmt 001-000-230-523-21-10-00 Housing & Monitoring Prisoners $80,402.73 Total 150001-02025 $80,402.73 Printed by COEW\DSanchez on 5/29/2024 12:22:32 PM Page 2 of 15 East Wenatchee - Voucher Directory 06-04-2024 City Council Agenda Packet Page 11 of 85 Vendor Number Reference Account Number Description Amount 150001-02027 05/2024 pmt 001-000-230-523-60-20-00 Medical Care - Prisoners $129.99 Total 150001-02027 $129.99 Total 60203 $80,532.72 Total Chelan County Treasurer $80,532.72 Cintas Corporation 607 60204 2024 - June 2024 - June 2024 1st Council 4192641914 101-000-430-543-30-30-00 Supplies - General Services $76.36 Total 4192641914 $76.36 4193363535 101-000-430-543-30-30-00 Supplies - General Services $76.36 Total 4193363535 $76.36 4193363579 001-000-210-521-10-48-00 Repairs & Maintenance $172.50 Total 4193363579 $172.50 Total 60204 $325.22 Total Cintas Corporation 607 $325.22 Classic One East 60205 2024 - June 2024 - June 2024 1st Council Invoice - 5/28/2024 1:08:47 PM Leeon, Ledye - dry cleaning 001-000-210-521-10-49-02 Dry Cleaning Services $15.20 Total Invoice - 5/28/2024 1:08:47 PM $15.20 Invoice - 5/28/2024 1:09:09 PM Johnson, Rick - dry cleaning 001-000-210-521-10-49-02 Dry Cleaning Services $20.90 Total Invoice - 5/28/2024 1:09:09 PM $20.90 Invoice - 5/28/2024 1:09:34 PM Hampton, Erik - dry cleaning 001-000-210-521-10-49-02 Dry Cleaning Services $66.24 Total Invoice - 5/28/2024 1:09:34 PM $66.24 Total 60205 $102.34 Total Classic One East $102.34 Compunet, Inc 60206 2024 - June 2024 - June 2024 1st Council 255892 001-000-145-514-20-30-01 Non-Capital - PC Software Admin $2,180.75 Total 255892 $2,180.75 Total 60206 $2,180.75 Total Compunet, Inc $2,180.75 Printed by COEW\DSanchez on 5/29/2024 12:22:32 PM Page 3 of 15 East Wenatchee - Voucher Directory 06-04-2024 City Council Agenda Packet Page 12 of 85 Vendor Number Reference Account Number Description Amount Consolidated Supply Co. 60207 2024 - June 2024 - June 2024 1st Council S011843347.001 Supplies 401-000-008-531-00-40-04 Repairs & Maint. - NPDES PPGH $217.70 Total S011843347.001 $217.70 Total 60207 $217.70 Total Consolidated Supply Co.$217.70 Douglas County PUD 60208 2024 - June 2024 - June 2024 1st Council 631 04/05/24-05/09/24 101-000-420-542-63-47-00 Utilities - Street Lighting $61.00 Total 631 04/05/24-05/09/24 $61.00 69 04/10/24-05/10/24 001-000-180-518-30-47-00 Utilities $721.00 101-000-420-542-63-47-00 Utilities - Street Lighting $236.00 101-000-420-542-64-47-00 Utilities - Traffic Control Devices $68.00 101-000-420-542-75-47-00 Utilities - City Parks $54.00 101-000-430-543-50-47-00 Utilities - Facilities $328.00 112-000-000-572-50-47-00 Facilities - Utilities $298.00 Total 69 04/10/24-05/10/24 $1,705.00 Invoice - 5/28/2024 1:11:10 PM 702389 pmt 101-000-420-542-64-47-00 Utilities - Traffic Control Devices $14.00 Total Invoice - 5/28/2024 1:11:10 PM $14.00 Total 60208 $1,780.00 Total Douglas County PUD $1,780.00 Douglas County Sewer District 60209 2024 - June 2024 - June 2024 1st Council Invoice - 5/28/2024 1:12:19 PM 020956-000 utilities 001-000-180-518-30-47-01 Utilities - Simon St.$303.92 Total Invoice - 5/28/2024 1:12:19 PM $303.92 Invoice - 5/28/2024 1:12:57 PM 021646-000 utilities 001-000-180-518-30-47-00 Utilities $58.33 Total Invoice - 5/28/2024 1:12:57 PM $58.33 Invoice - 5/28/2024 1:13:19 PM 006195-000 utilities 001-000-180-518-30-47-00 Utilities $29.16 Printed by COEW\DSanchez on 5/29/2024 12:22:32 PM Page 4 of 15 East Wenatchee - Voucher Directory 06-04-2024 City Council Agenda Packet Page 13 of 85 Vendor Number Reference Account Number Description Amount 112-000-000-572-50-47-00 Facilities - Utilities $29.17 Total Invoice - 5/28/2024 1:13:19 PM $58.33 Total 60209 $420.58 Total Douglas County Sewer District $420.58 Douglas County Treasurer 60210 2024 - June 2024 - June 2024 1st Council Invoice - 5/28/2024 1:14:01 PM 2024-08 armada 401-000-001-582-30-00-00 Non-Fiduciary Remittance $747.00 Total Invoice - 5/28/2024 1:14:01 PM $747.00 Total 60210 $747.00 Total Douglas County Treasurer $747.00 East Wenatchee Water Disttrict 60211 2024 - June 2024 - June 2024 1st Council Invoice - 5/28/2024 1:14:24 PM 000525-000 001-000-180-518-30-47-00 Utilities $62.22 Total Invoice - 5/28/2024 1:14:24 PM $62.22 Invoice - 5/28/2024 1:14:44 PM 039100-000 101-000-430-543-30-30-00 Supplies - General Services $70.44 Total Invoice - 5/28/2024 1:14:44 PM $70.44 Invoice - 5/28/2024 1:15:35 PM 039099-000 101-000-430-543-50-47-00 Utilities - Facilities $177.78 Total Invoice - 5/28/2024 1:15:35 PM $177.78 Invoice - 5/28/2024 1:16:26 PM 036440-000 001-000-180-518-30-47-01 Utilities - Simon St.$608.33 Total Invoice - 5/28/2024 1:16:26 PM $608.33 Invoice - 5/28/2024 1:17:08 PM 030620-000 101-000-420-542-75-47-00 Utilities - City Parks $47.78 Total Invoice - 5/28/2024 1:17:08 PM $47.78 Invoice - 5/28/2024 1:17:22 PM 030941-000 101-000-420-542-75-47-00 Utilities - City Parks $47.78 Total Invoice - 5/28/2024 1:17:22 PM $47.78 Printed by COEW\DSanchez on 5/29/2024 12:22:32 PM Page 5 of 15 East Wenatchee - Voucher Directory 06-04-2024 City Council Agenda Packet Page 14 of 85 Vendor Number Reference Account Number Description Amount Invoice - 5/28/2024 1:17:36 PM 000526-000 001-000-180-518-30-47-00 Utilities $47.66 112-000-000-572-50-47-00 Facilities - Utilities $47.67 Total Invoice - 5/28/2024 1:17:36 PM $95.33 Invoice - 5/28/2024 1:18:49 PM 013966-000 101-000-420-542-75-47-00 Utilities - City Parks $215.34 Total Invoice - 5/28/2024 1:18:49 PM $215.34 Invoice - 5/28/2024 1:19:05 PM 000520-001 101-000-420-542-75-47-00 Utilities - City Parks $53.33 Total Invoice - 5/28/2024 1:19:05 PM $53.33 Invoice - 5/28/2024 1:19:20 PM 022920-000 001-000-180-518-30-47-00 Utilities $47.78 Total Invoice - 5/28/2024 1:19:20 PM $47.78 Invoice - 5/28/2024 1:19:40 PM 000520-000 101-000-420-542-75-47-00 Utilities - City Parks $62.22 Total Invoice - 5/28/2024 1:19:40 PM $62.22 Invoice - 5/28/2024 1:19:55 PM 000524-000 101-000-430-543-50-47-00 Utilities - Facilities $50.00 Total Invoice - 5/28/2024 1:19:55 PM $50.00 Invoice - 5/28/2024 1:20:16 PM 032745-000 401-000-008-531-00-40-06 Utilities $152.20 Total Invoice - 5/28/2024 1:20:16 PM $152.20 Total 60211 $1,690.53 Total East Wenatchee Water Disttrict $1,690.53 Fastenal Company 60212 2024 - June 2024 - June 2024 1st Council WAWEN274449 101-000-420-542-64-48-00 Repairs & Maintenance - Traffic Control Devices $2.43 Total WAWEN274449 $2.43 Total 60212 $2.43 Total Fastenal Company $2.43 Printed by COEW\DSanchez on 5/29/2024 12:22:32 PM Page 6 of 15 East Wenatchee - Voucher Directory 06-04-2024 City Council Agenda Packet Page 15 of 85 Vendor Number Reference Account Number Description Amount FileOnQ 60213 2024 - June 2024 - June 2024 1st Council 11952 06/24 sub 001-000-145-591-18-70-03 Spillman, NetMotion & Ragnasoft (SBITA)$571.27 Total 11952 $571.27 Total 60213 $571.27 Total FileOnQ $571.27 First Net 60214 2024 - June 2024 - June 2024 1st Council 287293799226X05132024 Telephone 001-000-210-521-10-42-01 Telephone $2,076.31 Total 287293799226X05132024 $2,076.31 Total 60214 $2,076.31 Total First Net $2,076.31 FP Mailing Solutions 60215 2024 - June 2024 - June 2024 1st Council RI106214128 001-000-141-514-20-31-01 Office Machine Costs $900.00 Total RI106214128 $900.00 Total 60215 $900.00 Total FP Mailing Solutions $900.00 Heilander Eletric 60216 2024 - June 2024 - June 2024 1st Council 1085 001-000-180-518-30-48-01 Repairs & Maintenance - Simon St.$304.36 Total 1085 $304.36 Total 60216 $304.36 Total Heilander Eletric $304.36 Jerrilea Crawford 60217 2024 - June 2024 - June 2024 1st Council Invoice - 5/17/2024 9:03:55 AM Decorations Reimbursement 001-000-111-513-10-40-06 Miscellaneous $32.45 Total Invoice - 5/17/2024 9:03:55 AM $32.45 Total 60217 $32.45 Total Jerrilea Crawford $32.45 Printed by COEW\DSanchez on 5/29/2024 12:22:32 PM Page 7 of 15 East Wenatchee - Voucher Directory 06-04-2024 City Council Agenda Packet Page 16 of 85 Vendor Number Reference Account Number Description Amount Justin Titus 60218 2024 - June 2024 - June 2024 1st Council Invoice - 5/28/2024 1:22:52 PM 05/15, 05/17 & 05/22 services 001-000-120-512-51-40-05 Judge Protems $750.00 Total Invoice - 5/28/2024 1:22:52 PM $750.00 Total 60218 $750.00 Total Justin Titus $750.00 Kelley Connect 60219 2024 - June 2024 - June 2024 1st Council 36538662 Copier 001-000-210-591-21-70-00 Copy Machine Lease $243.53 Total 36538662 $243.53 36583417 Copier 001-000-120-591-12-70-00 Copy Machine Lease $334.32 Total 36583417 $334.32 Total 60219 $577.85 Total Kelley Connect $577.85 Kottkamp, Yedinak, & Esworthy PLLC 60220 2024 - June 2024 - June 2024 1st Council Invoice - 5/28/2024 1:24:17 PM 06/2024 pmt 001-000-110-511-60-21-50 Public Defender $7,342.03 Total Invoice - 5/28/2024 1:24:17 PM $7,342.03 Total 60220 $7,342.03 Total Kottkamp, Yedinak, & Esworthy PLLC $7,342.03 Les Schwab Tire Center Inc 60221 2024 - June 2024 - June 2024 1st Council 34301499423 Repairs 501-000-000-548-30-48-20 Street Vehicle Repairs & Maintenance $907.85 Total 34301499423 $907.85 34301499690 Repairs 501-000-000-548-30-48-20 Street Vehicle Repairs & Maintenance $217.20 Total 34301499690 $217.20 Total 60221 $1,125.05 Total Les Schwab Tire Center Inc $1,125.05 Printed by COEW\DSanchez on 5/29/2024 12:22:32 PM Page 8 of 15 East Wenatchee - Voucher Directory 06-04-2024 City Council Agenda Packet Page 17 of 85 Vendor Number Reference Account Number Description Amount Master Gardener Foundation of Chelan County 60222 2024 - June 2024 - June 2024 1st Council Invoice - 5/29/2024 9:46:25 AM Q1 2024 101-000-420-542-80-48-00 Japanese Garden Agreement $2,500.00 Total Invoice - 5/29/2024 9:46:25 AM $2,500.00 Total 60222 $2,500.00 Total Master Gardener Foundation of Chelan County $2,500.00 Moon Security 60223 2024 - June 2024 - June 2024 1st Council 1243140 06/2024 services 001-000-210-521-10-41-00 Professional Services $83.94 Total 1243140 $83.94 Total 60223 $83.94 Total Moon Security $83.94 Office Depot Credit Plan 60224 2024 - June 2024 - June 2024 1st Council 367449288001 001-000-140-514-20-31-01 Central Stores $74.66 Total 367449288001 $74.66 Total 60224 $74.66 Total Office Depot Credit Plan $74.66 One Call Concepts, Inc 60225 2024 - June 2024 - June 2024 1st Council 4049076 Excavation 401-000-008-531-00-40-06 Utilities $109.98 Total 4049076 $109.98 Total 60225 $109.98 Total One Call Concepts, Inc $109.98 O'Reilly 60226 2024 - June 2024 - June 2024 1st Council 2521-442832 Supplies 501-000-000-521-10-48-00 Police Vehicle Repairs & Maintenance $270.32 Total 2521-442832 $270.32 2521-444155 Supplies 501-000-000-548-30-48-20 Street Vehicle Repairs & Maintenance $98.25 Total 2521-444155 $98.25 Printed by COEW\DSanchez on 5/29/2024 12:22:32 PM Page 9 of 15 East Wenatchee - Voucher Directory 06-04-2024 City Council Agenda Packet Page 18 of 85 Vendor Number Reference Account Number Description Amount 2521-444178 Supplies 501-000-000-521-10-48-00 Police Vehicle Repairs & Maintenance $531.07 Total 2521-444178 $531.07 2521-444251 Supplies 101-000-430-543-30-30-00 Supplies - General Services $20.46 Total 2521-444251 $20.46 2521-447060 Supplies 001-000-210-521-10-35-00 Small Tools & Equipment $50.60 Total 2521-447060 $50.60 2521-447156 Supplies 101-000-430-543-30-30-00 Supplies - General Services $146.57 Total 2521-447156 $146.57 Total 60226 $1,117.27 Total O'Reilly $1,117.27 Pat Armstrong Ford Inc. 60227 2024 - June 2024 - June 2024 1st Council FOCS74784 Repairs 501-000-000-521-10-48-00 Police Vehicle Repairs & Maintenance $1,059.24 Total FOCS74784 $1,059.24 Total 60227 $1,059.24 Total Pat Armstrong Ford Inc.$1,059.24 Randy's Auto Parts & Towing 60228 2024 - June 2024 - June 2024 1st Council 19793 Towing 001-000-210-521-10-41-00 Professional Services $195.12 Total 19793 $195.12 19827 Towing 001-000-210-521-10-41-00 Professional Services $195.12 Total 19827 $195.12 Total 60228 $390.24 Total Randy's Auto Parts & Towing $390.24 Printed by COEW\DSanchez on 5/29/2024 12:22:32 PM Page 10 of 15 East Wenatchee - Voucher Directory 06-04-2024 City Council Agenda Packet Page 19 of 85 Vendor Number Reference Account Number Description Amount Recon Robotics 60229 2024 - June 2024 - June 2024 1st Council 76768 107-000-000-521-10-30-00 Supplies & Equipment $18,385.00 Total 76768 $18,385.00 Total 60229 $18,385.00 Total Recon Robotics $18,385.00 S&W Irrigation Supply 60230 2024 - June 2024 - June 2024 1st Council 580424 Supplies 401-000-008-531-00-30-06 Irrigation Supplies $49.85 Total 580424 $49.85 581809 Supplies 101-000-420-542-75-30-00 Supplies - City Parks $36.75 Total 581809 $36.75 582159 Supplies 101-000-420-542-75-30-00 Supplies - City Parks $23.47 Total 582159 $23.47 583171 Supplies 001-000-180-518-30-49-01 Landscaping $102.04 Total 583171 $102.04 583219 Supplies 101-000-420-542-75-30-00 Supplies - City Parks $18.78 Total 583219 $18.78 583362 Supplies 001-000-180-518-30-49-01 Landscaping $104.02 Total 583362 $104.02 583363 Supplies 101-000-420-542-75-30-00 Supplies - City Parks $183.18 Total 583363 $183.18 583565 Supplies 101-000-420-542-75-30-00 Supplies - City Parks $149.28 Total 583565 $149.28 Total 60230 $667.37 Total S&W Irrigation Supply $667.37 Printed by COEW\DSanchez on 5/29/2024 12:22:32 PM Page 11 of 15 East Wenatchee - Voucher Directory 06-04-2024 City Council Agenda Packet Page 20 of 85 Vendor Number Reference Account Number Description Amount Selland Construction, Inc 60231 2024 - June 2024 - June 2024 1st Council Invoice - 5/16/2024 7:37:00 AM Pay Estimate 3 301-000-000-595-30-60-10 Construction - NHFP Grant Road Overlay $465,434.15 301-000-000-595-30-60-11 Construction - NHS PCCP Intersection $62,106.05 Total Invoice - 5/16/2024 7:37:00 AM $527,540.20 Total 60231 $527,540.20 Total Selland Construction, Inc $527,540.20 Sew Rite Alterations 60232 2024 - June 2024 - June 2024 1st Council 43998 Services - Marshall 001-000-210-521-10-35-00 Small Tools & Equipment $10.88 Total 43998 $10.88 Total 60232 $10.88 Total Sew Rite Alterations $10.88 Tamara Gingerich 60233 2024 - June 2024 - June 2024 1st Council Invoice - 5/28/2024 1:34:17 PM Dinner Reimbursement 001-000-139-518-10-40-00 Training $26.82 Total Invoice - 5/28/2024 1:34:17 PM $26.82 Total 60233 $26.82 Total Tamara Gingerich $26.82 The Wenatchee World 60234 2024 - June 2024 - June 2024 1st Council 721226 Advertising 001-000-139-518-10-40-03 Advertising $303.35 Total 721226 $303.35 Total 60234 $303.35 Total The Wenatchee World $303.35 Tony Ditommaso PS 60235 2024 - June 2024 - June 2024 1st Council Invoice - 5/28/2024 1:10:39 PM 06/2024 pmt 001-000-110-511-60-21-50 Public Defender $7,342.03 Total Invoice - 5/28/2024 1:10:39 PM $7,342.03 Total 60235 $7,342.03 Total Tony Ditommaso PS $7,342.03 Printed by COEW\DSanchez on 5/29/2024 12:22:32 PM Page 12 of 15 East Wenatchee - Voucher Directory 06-04-2024 City Council Agenda Packet Page 21 of 85 Vendor Number Reference Account Number Description Amount UPS 60236 2024 - June 2024 - June 2024 1st Council 000E4975C194 Postage 001-000-210-521-10-42-03 Postage $95.54 Total 000E4975C194 $95.54 Total 60236 $95.54 Total UPS $95.54 Verizon Wireless 60237 2024 - June 2024 - June 2024 1st Council 9963230082 Phone pmt 001-000-111-513-10-40-03 Cell Phone $42.20 001-000-140-514-20-42-01 Telephone $52.36 001-000-145-514-20-42-00 Cell Phone $62.36 001-000-151-515-31-42-01 Cell Phone $52.36 101-000-430-543-50-42-01 Cell Phone $52.36 101-000-430-543-50-42-01 Cell Phone $52.36 101-000-430-543-50-42-01 Cell Phone $52.36 117-000-100-557-30-42-00 Cell Phone $62.60 401-000-001-531-00-40-00 Cell Phone $40.01 401-000-001-531-00-40-00 Cell Phone $52.36 401-000-001-531-00-40-00 Cell Phone $52.36 Total 9963230082 $573.69 Total 60237 $573.69 Total Verizon Wireless $573.69 Washington State Department of Licensing 60238 2024 - June 2024 - June 2024 1st Council Invoice - 5/29/2024 12:02:59 PM CPL's 635-000-000-589-30-00-03 Gun Permit State Remittance $18.00 EWP003453 635-000-000-589-30-00-03 Gun Permit State Remittance $18.00 EWP003452 635-000-000-589-30-00-03 Gun Permit State Remittance $18.00 EWP003451 635-000-000-589-30-00-03 Gun Permit State Remittance $18.00 EWP003446 635-000-000-589-30-00-03 Gun Permit State Remittance $18.00 EWP003449 635-000-000-589-30-00-03 Gun Permit State Remittance $18.00 EWP003447 635-000-000-589-30-00-03 Gun Permit State Remittance $18.00 Printed by COEW\DSanchez on 5/29/2024 12:22:32 PM Page 13 of 15 East Wenatchee - Voucher Directory 06-04-2024 City Council Agenda Packet Page 22 of 85 Vendor Number Reference Account Number Description Amount EWP003448 Total Invoice - 5/29/2024 12:02:59 PM $126.00 Total 60238 $126.00 Total Washington State Department of Licensing $126.00 Waxie Sanitary Supply 60239 2024 - June 2024 - June 2024 1st Council 82499288 001-000-180-518-30-31-07 Cleaning Supplies - Simon St.$183.95 Total 82499288 $183.95 Total 60239 $183.95 Total Waxie Sanitary Supply $183.95 Wenatchee Valley Humane Society 60240 2024 - June 2024 - June 2024 1st Council Invoice - 5/28/2024 1:37:47 PM 06/2024 pmt 001-000-001-539-30-40-00 Animal Control $7,623.71 Total Invoice - 5/28/2024 1:37:47 PM $7,623.71 Total 60240 $7,623.71 Total Wenatchee Valley Humane Society $7,623.71 Wenatchee Valley Museum & Cultural Center 60241 2024 - June 2024 - June 2024 1st Council Invoice - 5/28/2024 1:38:10 PM 06/2024 pmt 001-000-001-558-70-41-15 Wenatchee Valley Museum $5,062.00 113-000-000-557-30-41-15 Wenatchee Valley Museum & CC $5,062.00 Total Invoice - 5/28/2024 1:38:10 PM $10,124.00 Total 60241 $10,124.00 Total Wenatchee Valley Museum & Cultural Center $10,124.00 Ziply Fiber 60242 2024 - June 2024 - June 2024 1st Council Invoice - 5/28/2024 1:39:02 PM 509-884-5447-062597-5 101-000-420-542-64-47-00 Utilities - Traffic Control Devices $0.00 101-000-420-542-64-47-00 Utilities - Traffic Control Devices $201.47 Total Invoice - 5/28/2024 1:39:02 PM $201.47 Printed by COEW\DSanchez on 5/29/2024 12:22:32 PM Page 14 of 15 East Wenatchee - Voucher Directory 06-04-2024 City Council Agenda Packet Page 23 of 85 Vendor Number Reference Account Number Description Amount Invoice - 5/28/2024 1:39:23 PM 509-884-5308041394-5 101-000-420-542-64-47-00 Utilities - Traffic Control Devices $167.54 Total Invoice - 5/28/2024 1:39:23 PM $167.54 Invoice - 5/28/2024 1:39:43 PM 509-884-5236-041394-5 101-000-420-542-64-47-00 Utilities - Traffic Control Devices $158.16 Total Invoice - 5/28/2024 1:39:43 PM $158.16 Invoice - 5/28/2024 1:40:01 PM 509-884-3132-110891-5 101-000-420-542-64-47-00 Utilities - Traffic Control Devices $134.04 Total Invoice - 5/28/2024 1:40:01 PM $134.04 Invoice - 5/29/2024 11:59:26 AM 509-884-1524-100703-5 101-000-420-542-64-47-00 Utilities - Traffic Control Devices $61.07 Total Invoice - 5/29/2024 11:59:26 AM $61.07 Total 60242 $722.28 Total Ziply Fiber $722.28 Grand Total Vendor Count 44 $699,349.19 Printed by COEW\DSanchez on 5/29/2024 12:22:32 PM Page 15 of 15 East Wenatchee - Voucher Directory 06-04-2024 City Council Agenda Packet Page 24 of 85 MINUTES CITY COUNCIL REGULAR MEETING Tuesday, May 21, 2024 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 Councilmember Stockton led the Pledge of Allegiance. 3. ROLL CALL Present: Councilmember Botello, Councilmember Arnold, Councilmember Johnson, Councilmember Tidd, Councilmember Stockton, Councilmember Magdoff, and Councilmember Hepner. 4. COUNCILMEMBER DECLARATION OF CONFLICT OF INTEREST (RCW 43.20) No Councilmembers declared a conflict of interest with any agenda items. 5. CONSENT AGENDA a. Approval of Voucher Report, Checks: 60121-60198, in the amount of $1,014,961.79. b. Approval of Minutes of the May 7, 2024, City Council Minutes. Motion by Councilmember Johnson to approve consent items as presented. Councilmember Hepner seconded the motion. Motion passed unanimously. 6. CITIZEN COMMENTS Nathan Scott, resident of East Wenatchee. 7. PRESENTATIONS a. Mayor Crawford read the 2024 Memorial Day Proclamation and invited the council to attend the festivities taking place in the valley to commemorate the holiday. 8. DEPARTMENT REPORTS a. Finance Director Josh DeLay presented the April 2024 Financial Report. Comments by Councilmember Botello, Councilmember Stockton, Councilmember Hepner and Councilmember Stockton. b. Events Director/PIO Trina Elmes presented the 2024 Classy Chassis Event Report. Comments by Councilmember Magdoff, Councilmember Johnson, and Councilmember Arnold. 9. MAYOR’S REPORT a. Mayor Crawford reported the Chelan Douglas Health District Board had hired Dr. Kristen Hosey as the new Health District Administrator to lead the two-county agency. b. Mayor Crawford announced the resignation of Assistant City Attorney Sean Lewis and reported a Prosecuting Attorney six-month short-term contract was being considered. 06-04-2024 City Council Agenda Packet Page 25 of 85 Mayor Crawford indicated the City continues to contract with JDSA Law for general attorney services. 10. COUNCIL REPORTS & ANNOUNCEMENTS a. Councilmember Magdoff, City Representative for the Housing Authority of Chelan County and The City of Wenatchee, provided an update on the organization. b. Councilmember Magdoff announced she would not be able to attend the June 4, 2024, City Council meeting. c. Councilmember Stockton, City Representative for the Wenatchee Valley Chamber of Commerce, provided an update on the organization. d. Councilmember Tidd announced he would be traveling and would not be able to attend the June 4, 2024, City Council meeting. 11. ADJOURNMENT With no further business, the meeting adjourned at 6:39 p.m. Jerrilea Crawford, Mayor Attest: Anna Laura Leon, City Clerk 06-04-2024 City Council Agenda Packet Page 26 of 85 CITY OF EAST WENATCHEE COUNCIL AGENDA BILL To: Mayor and Council. From/Presenter: Curtis Lillquist, AICP, Community Development Director Subject: Resolution 2024-32, Consultant service agreement with SCJ Alliance. Date: May 31, 2024 I. Summary Title: Resolution 2024-32, authorizing the Mayor to execute a consultant service agreement with SCJ Alliance for an amount not to exceed $150,000 for climate resiliency planning. II. Background/History: In 2023 the state Legislature passed ESSHB 1181 requiring jurisdictions to add climate planning as a new element to their comprehensive plans and update regulations as necessary to implement the element. Commerce awarded the city a $150,000 grant to address the activities included in the bill. The primary focus of the work will be to develop a climate change and resiliency element to the Greater East Wenatchee Area Comprehensive Plan; however, climate related amendments will also be necessary to the land use, transportation, open space, capital facilities elements and municipal code. Outreach efforts will be necessary to understand the effects of climate changes on all segments of our community and avoid creating or worsening environmental health disparities. The council selected SCJ Alliance for the climate resiliency planning process at their May 7th meeting. III. Recommended Action: Motion to approve Resolution 2024-32 authorizing the Mayor to execute a consultant service agreement with SCJ Alliance for an amount not to exceed $150,000 for climate resiliency planning. IV.Exhibits: Consultant Services Agreement with SCJ Alliance for climate resiliency planning. Financial Data: Expenditure Required Amount Budgeted Appropriation Required $150,000 $150,000 $ 0 06-04-2024 City Council Agenda Packet Page 27 of 85 City of East Wenatchee Resolution No. 2024-32 with Exhibit A Retain Resolution until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A- 16 Rev. 1). Page 1 of 2 City of East Wenatchee, Washington Resolution No. 2024-32 A Resolution of the City of East Wenatchee, Washington, authorizing the Mayor to execute a consultant services agreement with SCJ Alliance for climate resiliency planning. 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. The City of East Wenatchee is a non-charter code City duly incorporated and operating under the laws of the State of Washington. 2.2. RCW 35.11.020 and RCW 35A.12.190 authorize the City of East Wenatchee (“City Council”) to organize and regulate its internal affairs. 3.Recitals. 3.1. During its 2023 regular session, the Washington State Legislature passed Engrossed Second Substitute House Bill 1181 requiring climate change planning. 3.2. At their April 2, 2024, meeting, the City Council approved an interagency agreement with the Washington State Department of Commerce to receive grant funds to support the development of a GMA climate change and resiliency element and municipal code amendments to implement ESSHB 1181. 3.3. At their May 7, 2024, meeting, the City Council approved SCJ Alliance as the consultant for the City’s climate resiliency planning process. THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO RESOLVE AS FOLLOWS: Section 1: Purpose. To authorize the Mayor to execute a Consultant Services Agreement with SCJ Alliance for climate resiliency planning as set forth in Exhibit A. 06-04-2024 City Council Agenda Packet Page 28 of 85 City of East Wenatchee Resolution No. 2024-32 with Exhibit A Retain Resolution until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A- 16 Rev. 1). Page 2 of 2 Section 2: 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. Section 3: Effective Date. This resolution becomes effective immediately. Passed by the City Council of East Wenatchee, at a regular meeting thereof on this 4th day of June 2024. CITY OF EAST WENATCHEE, WASHINGTON By _________________________________ Jerrilea Crawford, Mayor ATTEST: ___________________________ Anna Laura Leon, City Clerk Approved as to form only: ___________________________ Robert R. Siderius City Attorney FILED WITH THE CITY CLERK: 05-31-2024 PASSED BY THE CITY COUNCIL: __________ EFFECTIVE DATE: __________ 06-04-2024 City Council Agenda Packet Page 29 of 85 CONSULTANT SERVICE AGREEMENT – CLIMATE RESILIENCY PLANNING SCJ ALLIANCE Page 1 CONSULTANT SERVICE AGREEMENT This agreement is made, effective as of June 4, 2024, by and between The City of East Wenatchee (“City”) and Shea, Carr & Jewell, Inc (dba SCJ Alliance) (“Consultant”). City and Consultant agree as follows: SECTION 1 – SERVICES 1.1 Services. Consultant is being retained pursuant to this Agreement for purposes of creating Climate Element and resiliency sub-element for the Greater East Wenatchee Area Comprehensive Plan. Consultant is not being retained as an employee of City and the parties agree that nothing in this agreement and no performance under this agreement will cause Consultant to become an employee of City. Consultant shall perform its services for City in a good and competent manner and shall provide all services in full compliance with the terms and conditions of this Agreement, exercising that Consultant skill and care which is consistent with customary practice. 1.2 Scope of Services. Consultant’s services shall consist of providing that scope of work as identified in the Contracted Services & Scope of Work proposal, attached as Exhibit “A”, under the direction of the mayor or her designee, in a manner consistent with accepted professional practices for other similar services. Consultant will provide progress briefings to City’s Community Development Director as necessary, however, no less frequently than one a month. 1.3 Climate Commitment Act Funding Acknowledgements and Branding. The Climate Commitment Act acknowledgement and logos shall be utilized in accordance with the Office of the Governor’s Directive 24-01. 1.4 Time of Performance. Consultant’s Services shall commence on June 4, 2024 and continue until work in Exhibit A is complete or June 15, 2025 unless earlier terminated in accordance with Section 3 below. SECTION 2 – COMPENSATION 2.1 Compensation. Consultant is expected to complete the Scope of Services at a cost not to exceed $150,000.00. The proposed budget and Consultant billing rates are attached to this Agreement as Exhibit B. 2.1.1 City will pay Consultant, for invoiced services furnished in compliance with the terms of this agreement, a total cost not to exceed the amount set forth in section 2.1 above. Consultant will submit invoices to City no more frequently than once per month. City will pay consultant within 45 calendar days following its receipt of each invoice. The Consultant will also submit a final invoice upon completing all services. EXHIBIT A 06-04-2024 City Council Agenda Packet Page 30 of 85 CONSULTANT SERVICE AGREEMENT – CLIMATE RESILIENCY PLANNING SCJ ALLIANCE Page 2 2.2 Taxes and Withholdings. Consultant shall be exclusively liable for the payment to the appropriate governmental authority of all required contributions and taxes, including taxes imposed under the provisions of any unemployment insurance, Social Security or pension plan insofar as the taxes pertain to the work performed under this Agreement. City shall not be responsible for any Consultant/employer required tax payments or withholdings relating to Consultant’s performance of work. SECTION 3 – TERMINATION 3.1 Termination. The failure of Consultant or City to fully conform with all the terms and conditions of this Agreement shall constitute a default. If Consultant or City have failed to cure any default within five (5) business days after receipt of written notice specifying the default, Consultant or City, in addition to all other remedies available to it, may terminate this Agreement. In the event of termination for default of Consultant, City may have the work taken over and completed by a Consultant of its choosing. In the event of a default, Consultant shall deliver to City upon five (5) days written notice all finished or unfinished documents, data, studies, reports and the like prepared by the Consultant. Upon termination or default by City, Consultant may suspend performance of services under this Agreement. In the event of this suspension of services, Consultant shall have no liability to City for delay or damage caused City because of such suspension of services and Consultant shall be compensated for services properly performed prior to termination. Upon termination for cause, Consultant shall only be paid for the reasonable value of services rendered to the point of termination. 3.2 Termination for Convenience. City may terminate this Agreement without cause upon thirty (30) days written notice. Upon receipt of notice of termination, Consultant shall immediately cease performing services. In the event of termination of this Agreement in accordance with this paragraph, Consultant’s sole compensation shall be for services performed to the date of the receipt of notice of termination. SECTION 4 – OWNERSHIP OF DOCUMENTS 4.1 Ownership of Documents. All information, reports, charts, documents, data, programs, information, concepts, and the like made available to Consultant by City or generated and delivered in the course of performing services for City are the exclusive property of City. 4.2 Confidentiality/Nondisclosure. All documents identified in Section 4.1 above shall be considered proprietary and confidential and shall not be disclosed to any third person or entity by Consultant except with the prior written approval of City. In addition, information may be provided to Consultant that would otherwise be considered proprietary confidential and not subject to disclosure. Consultant agrees to maintain such information confidential without the express written approval of City or lawful subpoena or court order. In the event that Consultant receives a lawful subpoena or court order for production of information EXHIBIT A 06-04-2024 City Council Agenda Packet Page 31 of 85 CONSULTANT SERVICE AGREEMENT – CLIMATE RESILIENCY PLANNING SCJ ALLIANCE Page 3 that would be considered proprietary or confidential, Consultant shall immediately notify City so that City will have the opportunity to seek a protective order if appropriate. 4.3 Production of Relevant Information. City shall furnish to Consultant all applicable information available to City reasonably required for the proper performance of the Services. Consultant shall be entitled to reasonably rely upon the information provided by City. SECTION 5 – NOTICES Any notice provided for or concerning this Agreement shall be in writing. Notice shall be considered given either when delivered in person to the recipient or upon receipt by registered U.S. Mail or by email to the following address: NOTICE TO CITY: Curtis Lillquist, AICP City of East Wenatchee 271 9th St NE East Wenatchee WA 98802 509-884-5396 clillquist@eastwenatcheewa.gov NOTICE TO CONSULTANT: Alicia Ayars, AICP Shea, Carr & Jewell, Inc (dba SCJ Alliance) 108 N Washington, Suite 300 Spokane WA 99201 509-835-3770 Alicia.ayars@scjalliance.com or to such other address, phone number or email as directed by City or Consultant. SECTION 6 – ASSIGNMENT OF RIGHTS The rights and obligations of each party under this Agreement may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party, Assignment and/or transfer of rights under this agreement may be denied for any reason in the sole discretion of the party requested to approve assignment. SECTION 7 – GENERAL PROVISIONS 7.1 Dispute Resolution. In the event of a dispute, the parties agree to resolve the dispute by binding arbitration conducted pursuant to RCW 7.04A. This Agreement shall be governed by, construed, and enforced in accordance with the laws of the state of Washington. EXHIBIT A 06-04-2024 City Council Agenda Packet Page 32 of 85 CONSULTANT SERVICE AGREEMENT – CLIMATE RESILIENCY PLANNING SCJ ALLIANCE Page 4 Venue shall be in Douglas County, state of Washington. The substantially prevailing party shall be entitled to recover all costs of suit and collection, including but not limited to, reasonable attorney fees, lodging and meals, and travel. 7.2 Indemnification. 7.2.1 Contractor Indemnification. Contractor agrees to release, indemnify, defend, and hold the City, its elected officials, officers, and employees harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties expenses, attorney’s fees, costs, and/or litigation expenses arising from, resulting from, or in connection with negligent acts, errors or omissions of Contractor in performance of this Agreement, except for that portion of the claims caused by the City's sole negligence. In the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of Contractor and the City, Contractor's liability, including the duty and cost to defend, hereunder is only to the extent of Contractor's negligence. Contractor must ensure that each sub-contractor agrees to defend and indemnify the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers to the extent and on the same terms and conditions as Contractor pursuant to this paragraph. The City's inspection or acceptance of any of Contractor’s work when completed is not grounds to avoid any of these covenants of indemnification. 7.2.2 City Indemnification. The City agrees to release, indemnify, defend and hold Contractor, its officers, directors, shareholders, partners, employees, and sub- contractors harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, losses, fines, fees, penalties expenses, attorney’s fees, costs, and/or litigation expenses arising from, resulting from or connected with this Agreement to the extent solely caused by the negligent acts, errors, or omissions of the City. 7.2.3 Insurance. Contractor must carry insurance for liability which may arise from or in connection with the performance of the Services or work by Contractor, its agents, representatives, employees or subcontractors for the duration of the Agreement and thereafter with respect to any event occurring prior to such expiration or termination. Contractor agrees to carry as a minimum, the following insurance, in such forms and with such carriers who have a rating that is satisfactory to the City: 7.2.3.1 Commercial general liability insurance covering liability arising from premises, operations, independent contractors, products-completed operations, stop gap liability, personal injury, bodily injury, death, property damage, products liability, advertising injury, and liability assumed under an insured contract with limits no less than $1,000,000 for each occurrence and $1,000,000 general aggregate. EXHIBIT A 06-04-2024 City Council Agenda Packet Page 33 of 85 CONSULTANT SERVICE AGREEMENT – CLIMATE RESILIENCY PLANNING SCJ ALLIANCE Page 5 7.2.3.2 Workers’ compensation and employer’s liability insurance in amounts sufficient pursuant to the laws of the State of Washington. 7.2.3.3 Automobile liability insurance covering all owned, non-owned, hired and leased vehicles with a minimum-combined-single limits in the minimum amounts required to drive under Washington State law per accident for bodily injury, including personal injury or death, and property damage. 7.2.3.4 Professional liability insurance with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate for damages sustained by reason of or in the course of operation under this Agreement, whether occurring by reason of acts, errors or omissions of Contractor. SECTION 8 – NO WAIVER The failure of either party to this Agreement to insist upon performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as thereafter waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. SECTION 9 – EFFECT OF PARTIAL INVALIDITY The invalidity of any portion of this Agreement may not and shall not be deemed to affect the validity of any other provision. In the event that any provision of this Agreement is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the removal of the invalid provision. SECTION 10 – MODIFICATION OF AGREEMENT Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by an authorized representative of each party. EXHIBIT A 06-04-2024 City Council Agenda Packet Page 34 of 85 CONSULTANT SERVICE AGREEMENT – CLIMATE RESILIENCY PLANNING SCJ ALLIANCE Page 6 SECTION 11 – ENTIRE AGREEMENT This Agreement shall constitute the entire Agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement. The undersigned represent that they each are authorized to execute this agreement respectively on behalf of City and Consultant. CITY ___________________________________ By Jerrilea Crawford, Mayor, City of East Wenatchee Dated: _____________________________ CONSULTANT ___________________________________ By: Alicia Ayars, AICP Project Manager, Shea, Carr & Jewell, Inc (dba SCJ Alliance) Dated: _____________________________ EXHIBIT A 06-04-2024 City Council Agenda Packet Page 35 of 85 CONSULTANT SERVICE AGREEMENT – CLIMATE RESILIENCY PLANNING SCJ ALLIANCE Page 7 Exhibit A Scope of Work EXHIBIT A 06-04-2024 City Council Agenda Packet Page 36 of 85 East Wenatchee Comprehensive Plan | Climate Planning Element 9 We fully anticipate the scope of work provided in Attachment A may need to be more inclusive of the components of this planning effort and that the Department of Commerce’s Climate Element Guidance books will be utilized in the approach and final draft of the element and sub-element. We will work with the City at the onset of this project to determine if additional tasks may be needed to fulfill this effort under the Department of Commerce grant funding. Furthermore, we anticipate a high level of coordination between the City of East Wenatchee and the City of Wenatchee up to Deliverable #2 of this scope of work. Like many planning processes, resiliency and climate change do not stop at a jurisdiction’s borders. These impacts cover large regions, like the Wenatchee Valley. Therefore, planning components identified within this scope of work, such as climate impacts, community assets, and climate hazards, are likely to be common to both jurisdictions. However, we anticipate how a jurisdiction defines its goals, policies, and implementation strategies can vary widely due to budget allocations, East Wenatchee’s geographic area, natural areas within and around the city limits, and many other factors. We understand Douglas County is also updating its Climate Element and resiliency sub-element. For consistency between these two planning efforts and approach to climate planning, we anticipate holding coordination meetings and collaborative sessions with the County at predetermined checkpoints. The scope of work aligns with the steps and deliverables specified in Appendix A of the RFP and Department of Commerce Grant application. This comprehensive approach, guided by the resilience guidance documents provided by Commerce, offers jurisdictions a structured yet adaptable method to examine climate science, evaluate impacts on local sectors and assets, and contemplate policy interventions. Utilizing the Climate Element Workbook, each corresponding tab will facilitate each task. Any additional steps or climate analysis may be identified later in the process, particularly in Task 2.2.2, to determine the next steps. At this step, we will determine whether the information to develop goals and policies is sufficient or if additional analysis is needed to assess community assets relative to vulnerability or risk. Further negotiation regarding the budget may need to be adjusted to accommodate an expanded scope of work. Section 1 – Initialize Project In this phase we will establish the internal city and consultant Climate Resiliency Team, the external Climate Planning Advisory Team (CPAT), and the engagement strategy for the project. This phase includes coordination with neighboring jurisdictions, as necessary, to identify members of the CPAT. In this phase, we will explore opportunities to coordinate with other city projects and integrate when necessary. This scope of work assumes the City of East Wenatchee will provide an initial list of CPAT members and may correspond with neighboring cities or counties for additional members if necessary. ŠForm a Climate Policy Advisory Team (CPAT) ŠEstablish engagement strategy that supports environmental justice Section 2, Step 1 – Explore Climate Impacts This phase focuses on identifying community assets as they relate to the 11 priority sectors (agriculture 7 food systems, buildings & energy, cultural resources & practices, economic development, emergency management, zoning, water resources, to name a few). The second area of focus is exploring hazards and climate changes directly impacting East Wenatchee and the Wenatchee Valley. Bringing these two areas together we will begin to prioritize ways to address these challenges. ŠIdentify community assets ŠExplore hazards and changes in the climate ŠPair assets and hazards and describe exposure and consequences ŠIdentify priority climate hazards Scope of Work Deliverable #1: »Memo summarizing completion of the CPAT and Engagement Strategy Deliverable #2: »Memo summarizing completion of exploration of climate impacts ([OLNLP $ EXHIBIT A 06-04-2024 City Council Agenda Packet Page 37 of 85 East Wenatchee Comprehensive Plan | Climate Planning Element 10 Section 2, Step 2 – Audit Plans and Policies In this phase, we will audit the current Comprehensive Plan, policies, and other related planning documents to identify areas that address climate change currently and ways to address climate change in the future. ŠReview existing plans for climate gaps and opportunities ŠDetermine next steps – determine whether sufficient information is collected to draft goals and policies or if additional analysis is needed to assess community assets relative to vulnerability and/or risk Section 2, Step 3 – Assess Vulnerability and Risk This phase we will assess East Wenatchee’s vulnerability and risk when it comes to our changing climate. Determining the degree of sensitivity an asset, system, population, or resource will be affected by a particular hazard. The assets will be prioritized based on whether it could sustain a negative impact from a hazard. ŠAssess sensitivity ŠAssess adaptive capacity ŠCharacterize vulnerability ŠCharacterize risk ŠMeet with partners, stakeholders and decision makers to decide course of action Section 2, Step 4 – Pursue Pathways In this phase, we will utilize all of the information gathered in the previous phases to craft goals and policies that help East Wenatchee build resilience to climate hazards and impacts. We will review the cities Comprehensive Plan, Shoreline Master Plan, Critical Areas, policies, and other planning documents to conduct the audit. ŠDevelop goals ŠDevelop policies ŠIdentify policy co-benefits Section 2, Step 5 – Integrate Goals and Policies The last phase of the project includes integrating the newly crafted goals and policies into the comprehensive plan and giving specific focus to particulate elements of the Comprehensive Plan. ŠReview and finalize resilience goals and policies ŠConsult with climate advisory committee, planning commission, stakeholders and decision makers Deliverable #3: »Memo summarizing completion of the plan and policy audit Deliverable #4: »Memo summarizing completion of the vulnerability and risk assessment Deliverables #5: »Memo summarizing the pathways the City will pursue »Completed copy of the Climate Element workbook Deliverable #6: »Adopt the Climate Element and Resilience Sub-Element Exhibit A EXHIBIT A 06-04-2024 City Council Agenda Packet Page 38 of 85 CONSULTANT SERVICE AGREEMENT – CLIMATE RESILIENCY PLANNING SCJ ALLIANCE Page 8 Exhibit B Rate and Cost Breakdown Note: The individual section and step costs may be adjusted by agreement between the City and the Consultant provided the contract amount in Section 2 of this Agreement is not exceeded. EXHIBIT A 06-04-2024 City Council Agenda Packet Page 39 of 85 East Wenatchee Comprehensive Plan | Climate Planning Element 12 Proposed Budget Billable Hours Total Costs Section 1 – Initialize Project 58 $9,202 Section 2, Step 1 – Explore Climate Impacts 140 $20,570 Section 2, Step 2 – Audit Plans and Policies 47 $7,142 Section 2, Step 3 – Assess Vulnerability and Risk 60 $10,740 Section 2, Step 4 – Pursue Pathways 84 $15,134 Section 2, Step 5 – Integrate Goals and Policies 29 $5,202 Subtotal 418 $67,990 Cascadia 511 $74,130 Subconsultant Markup $7,413 Subconsultant Total $81,543 Reimbursable Expenses (printing, mileage, etc.)$422 Total Estimated Budget $149,955 Firm Team Member Hourly Rate SCJ Alicia Ayars $228 Bill Grimes $244 Jair Verduzco $92 Liam Taylor $130 Mike Manning $120 Rachel Granrath $227 Cascadia Abigail Lambert $125 Megan Lee $160 Nicole Gutierrez $160 Team Billing Rates We understand Commerce grants must be billed based on complete deliverables and must match exact funding as provided in the grant application. The budget below reflects the split between SCJ and Cascadia’s work. However, if selected, our contract with the City will match what is provided in the grant application for this work. We will ensure that the phases line up with the grant deliverables and cost so that the City can be fully reimbursed. The table below indicates an expected level of work, billable hours, and costs to execute the scope of work. Our desire to be project partners with our clients includes being open and transparent about the project costs and setup. Exhibit B EXHIBIT A 06-04-2024 City Council Agenda Packet Page 40 of 85 East Wenatchee Council Agenda Bill To: Mayor Crawford and Council From/Presenter: Garren Melton, Public Works Manager Subject: Resolution 2024-33: RH2 Task Authorization for design of the 2024 TIB Complete Streets 3rd Street NE project, Project Number 2024-04. Date: June 4, 2024 I. Summary Title: A Resolution of the City of East Wenatchee, Washington authorizing the Mayor to execute an agreement between the City of East Wenatchee and RH2 Engineering for design services associated with the City’s 2024 TIB Complete Streets project. II. Background/History: The City of East Wenatchee received a nomination from the Washington State Department of Transportation for a Complete Street award from the Transportation Improvement Board (TIB). These awards are available to agencies that have adopted a Complete Streets Ordinance. A Complete Street is a street designed to enable safe use and mobility for all users, such as bikes, pedestrians, persons with disabilities, and public transit. The projects selected for funding include: 1. Upgrade all 3 crossings on 3rd Street NE. 2. Create protected bike lanes along both sides of the street. These projects are anticipated to be completed in 2024. The total estimated cost for this project is $186,250, which should be covered entirely by the Complete Streets Grant award. III. Recommended Action: Approve Resolution 2024-33 and authorize Mayor Crawford to sign the Task Authorization with RH2 Engineering for the 2024 Complete Streets Project. IV. Exhibits: 1. Resolution 2024-33 City of 06-04-2024 City Council Agenda Packet Page 41 of 85 Financial Data Expenditure Required Amount Budgeted Appropriation Required $36,500 $186,250 No 06-04-2024 City Council Agenda Packet Page 42 of 85 City of East Wenatchee, Washington Resolution No. 2024-33 A Resolution of the City of East Wenatchee, Washington authorizing the Mayor to execute an agreement between the City of East Wenatchee and RH2 Engineering for design services associated with the 2024 Complete Streets 3rd Street NE project. 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 de la ciudad al alternateformat@eastwenatcheewa.gov, al (509) 884-9515 o al 711 (TTY). 1.2. To read this document in an alternate format (Spanish, Braille, read aloud, etc.), please contact the City Clerk at alternateformat@eastwenatcheewa.gov, at (509) 884-9515, or at 711 (TTY). 2.Authority. 2.1. RCW 35A.11.020 and RCW 35A.12.190 authorize the City Council to organize and regulate its internal affairs and to define the powers, functions and duties of its officers and employees. THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO RESOLVE AS FOLLOWS: 3.Authorization. The City Council authorizes the Mayor to execute a contract that conforms to the language set forth in Exhibit A. 4.Severability. If a court of competent jurisdiction declares any provision in this resolution to be contrary to law, such declaration shall not affect the validity of the other provisions of this Resolution. 5.Effective date. This Resolution becomes effective immediately. City of East Wenatchee Resolution 2024-33 with Exhibit A Retain Resolution until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) Page 1 of 2 06-04-2024 City Council Agenda Packet Page 43 of 85 City of East Wenatchee Resolution 2024-33 with Exhibit A Retain Resolution until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) Page 2 of 2 The City of East Wenatchee, Washington By ________________________ Jerrilea Crawford, Mayor Attest: ___________________________ Anna Laura Leon, City Clerk Approved as to form only: ___________________________ Robert R. Siderius, City Attorney Filed with the City Clerk: 05-30-2024 Passed by the City Council: Effective Date: Passed by the City Council of East Wenatchee, at a regular meeting thereof on this 6th day of June, 2024. 06-04-2024 City Council Agenda Packet Page 44 of 85 East Wenatchee Council Agenda Bill To: Mayor Crawford and Council From/Presenter: Garren Melton, Public Works Manager Subject: Resolution 2024-34: Transportation Improvement Board Complete Streets Grant Award Date: June 4, 2024 I.Summary Title: A Resolution of the City of East Wenatchee, Washington authorizing the Mayor to execute an agreement between the City of East Wenatchee and the Transportation Improvement Board for 3rd Street Bike and Ped Improvements from N Georgia Avenue to N Hanford Avenue. II.Background/History: This project was initiated in response to safety concerns expressed by the Eastmont School District Administration regarding the lack of a safe crossing at the driveway of Eastmont High School. Upon Evaluating the corridor of 3rd St NE between North George Ave. and North Hanford Ave., several key issues were identified, including insufficient pedestrian crossings and lack of dedicated bike lanes. To address these concerns, the City of East Wenatchee applied for funding from the Transportation Improvement Board (TIB) under the Complete Streets program. The City received notice of award from TIB on May 17, 2024. Successfully completing this project will position the City for future grant opportunities to upgrade the rest of the corridor. The current project schedule aims to have the improvements completed before the start of the 2024-2024 school year. This grant will cover 85% of eligible project costs, up to a maximum of $428,250. III. Recommended Action: Approve Resolution 2024-34 and authorize Mayor Crawford to sign the Complete Streets Grant Agreement with the Transportation Improvement Board. IV.Exhibits: City of 06-04-2024 City Council Agenda Packet Page 45 of 85 1.Resolution 2024-34 Financial Data Expenditure Required Amount Budgeted Appropriation Required $0 $0 No 06-04-2024 City Council Agenda Packet Page 46 of 85 City of East Wenatchee, Washington Resolution No. 2024-34 A Resolution of the City of East Wenatchee, Washington authorizing the Mayor to execute an agreement between the City of East Wenatchee and the Transportation Improvement Board for 3rd Street Bike and Ped Improvements from N Georgia Avenue to N Hanford 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 Mayor to execute a contract that conforms to the language set forth in Exhibit A. 4.Severability.If a court of competent jurisdiction declares any provision in this resolution to be contrary to law,such declaration shall not affect the validity of the other provisions of this Resolution. 5.Effective date.This Resolution becomes effective immediately. City of East Wenatchee Resolution 2024-34 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 06-04-2024 City Council Agenda Packet Page 47 of 85 City of East Wenatchee Resolution 2024-34 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 The City of East Wenatchee, Washington By ________________________ Jerrilea Crawford, Mayor Attest: ___________________________ Anna Laura Leon, City Clerk Approved as to form only: ___________________________ Robert R. Siderius, City Attorney Filed with the City Clerk: 05-30-2024 Passed by the City Council: __________ Effective Date: __________ Passed by the City Council of East Wenatchee, at a regular meeting thereof on this 6th day of June, 2024. 06-04-2024 City Council Agenda Packet Page 48 of 85 City of East Wenatchee C-E-161(003)-1 3rd Avenue Bike and Ped improvements N Georgia Ave to N Hanford Ave STATE OF WASHINGTON TRANSPORTATION IMPROVEMENT BOARD AND City of East Wenatchee AGREEMENT THIS GRANT AGREEMENT (hereinafter “Agreement”) for the 3rd Avenue Bike and Ped improvements, N Georgia Ave to N Hanford 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 85.0000% percent of approved eligible project costs up to the amount of $429,250, pursuant to terms contained in the RECIPIENT’S Grant Application, supporting documentation, chapter 47.26 RCW and/or chapter 47.04 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 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 06-04-2024 City Council Agenda Packet Page 49 of 85 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 April 1, 2025 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 RECIPIENT may be considered in default if TIB determines, in its sole discretion, that: 06-04-2024 City Council Agenda Packet Page 50 of 85 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 and other revenue sources. 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. The obligations of this Section shall survive termination of this Agreement. 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 and/or WAC 479-10-575. 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, TIB funds will be decreased and/or refunded to TIB in a manner that 06-04-2024 City Council Agenda Packet Page 51 of 85 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. 06-04-2024 City Council Agenda Packet Page 52 of 85 15.0 ENTIRE AGREEMENT This Agreement, together with the RECIPIENT’S Grant Application, the provisions of chapter 47.26 Revised Code of Washington and/or 47.04 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. The obligations of this Section shall survive termination of this 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 06-04-2024 City Council Agenda Packet Page 53 of 85 TIB Members Chair Councilmember Sam Low Snohomish County Vice Chair Mayor Hilda González City of Granger Amy Asher Mason Transit Authority Aaron Butters HW Lochner Inc. Susan Carter Hopelink Kent Cash Port of Vancouver Barbara Chamberlain WSDOT Elizabeth Chamberlain City of Walla Walla Dongho Chang WSDOT Scott Chesney Spokane County Vicky Clarke Cascade Bicycle Club and Washington Bikes Andrew Denham Town of Twisp Commissioner Al French Spokane County Commissioner Scott Hutsell Lincoln County Councilmember Jon Pascal City of Kirkland Les Reardanz Whatcom Transportation Authority Mayor Kim Roscoe City of Fife Maria Thomas Office of Financial Management John Vicente City of Kenmore Jennifer Walker Thurston County Jane Wall County Road Administration Board Ashley Probart Executive Director P.O. Box 40901 Olympia, WA 98504-0901 Phone: 360-586-1140 www.tib.wa.gov Washington State Transportation Improvement Board Investing in your local community May 17, 2024 The Honorable Jerrilea Crawford, Mayor City of East Wenatchee 271 Ninth Street NE East Wenatchee, WA 98802 Dear Mayor Jerrilea Crawford: Congratulations! The Transportation Improvement Board (TIB) is pleased to announce the selection of your early opportunity Complete Streets project, 3rd Avenue Bike and Ped improvements, N Georgia Ave to N Hanford Ave, TIB project number C-E-161(003)-1. TIB is awarding 85.0000% of approved eligible project costs with a maximum grant of $429,250. This project is supported with funding from Washington’s Climate Commitment Act (CCA). The CCA supports Washington’s climate action efforts by putting cap-and-invest dollars to work reducing climate pollution, creating jobs, and improving public health. Information about the CCA is available at www.climate.wa.gov. Before any reimbursable work is permitted on this project, you must email a signed copy of the below documents and receive approval from TIB: •Project Funding Status Form (verify the information is correct) •Grant Agreement All early opportunity Complete Streets projects must be constructed by December 31, 2024, and closeout paperwork must be completed by April 1, 2025. If you have any questions or concerns about the above requirements, please contact your region engineer, Andrew Beagle, at AndrewB@tib.wa.gov. Sincerely, Ashley Probart Executive Director 06-04-2024 City Council Agenda Packet Page 54 of 85 East Wenatchee Council Agenda Bill To: Mayor Crawford and Council From/Presenter: Garren Melton, Public Works Manager Subject: Resolution 2024-35, US Department of Transportation agreement for the Douglas County Regional Multimodal Safety Action Plan Date: June 4, 2024 I. Summary Title: A Resolution of the City of East Wenatchee, Washington authorizing the Mayor to execute an Agreement with the US Department of Transportation for the Douglas County Regional Multimodal Safety Action Plan. II. Background/History: As a part of the one trillion-dollar transportation package that President Biden signed into law in 2021, money was allocated to the Safe Streets for All grant program. This program awards a billion dollars per year from 2022-2026 to funding planning, demonstration, and implementation projects that will help communities work towards the goal eliminating all serious injury and fatality accidents. In 2023, FHWA earmarked $577,000,000 for planning grants. City and County staff submitted a Grant application for $500,000 to create a Safe Streets for All Action Plan. This plan would make the City and County eligible for a share of the remaining 2 billion dollars available in 2025-2026 through the Safe Streets for All program and serve as a very compelling support to projects on future grant applications. This Action Plan will evaluate the safety needs of all roads operated by the City and County, and prioritize projects by budget needs, and into short-, medium-, and long- term goals. In addition to the Action Plan, the City and County will be able to use this funding to update their safety plans, and the transportation chapters of their ADA Transition plans. This plan will likely serve as a steppingstone for other City planning efforts, such as working towards a pedestrian plan. Earlier this Winter, staff were notified that USDOT had selected the City’s application for funding. Once the Grant Agreement is finalized City and County staff will select a consultant to begin work on a joint action plan. The project includes a 20% match, which the City and County will be able to mostly cover with existing staff costs. City of 06-04-2024 City Council Agenda Packet Page 55 of 85 III. Recommended Action: Approve Resolution 2024-35 authorizing the Mayor to execute an Agreement with the US Department of Transportation for the Douglas County Regional Multimodal Safety Action Plan. IV. Exhibits: A. Resolution 2024-35 Financial Data Expenditure Required Amount Budgeted Appropriation Required $0 $0 No 06-04-2024 City Council Agenda Packet Page 56 of 85 City of East Wenatchee Resolution 2024-35 with Exhibit A Retain Resolution until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) Page 1 of 2 City of East Wenatchee, Washington Resolution No. 2024-35 A Resolution of the City of East Wenatchee, Washington authorizing Mayor Crawford to execute an agreement with the US Department of Transportation for the Douglas County Regional Multimodal Safety Action Plan. 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 Mayor to execute the agreement set forth in Exhibit A. 4.Severability. If a court of competent jurisdiction declares any provision in this resolution to be contrary to law, such declaration shall not affect the validity of the other provisions of this Resolution. 5.Effective date. This Resolution becomes effective immediately. 06-04-2024 City Council Agenda Packet Page 57 of 85 City of East Wenatchee Resolution 2024-35 with Exhibit A Retain Resolution until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) Page 2 of 2 Passed by the City Council of East Wenatchee, at a regular meeting thereof on this 4th day of June, 2024. The City of East Wenatchee, Washington By ________________________ Jerrilea Crawford, Mayor Attest: ___________________________ Anna Laura Leon, City Clerk Approved as to form only: ___________________________ Robert R. Siderius, City Attorney Filed with the City Clerk: 05-30-2024 Passed by the City Council: __________ Effective Date: __________ 06-04-2024 City Council Agenda Packet Page 58 of 85 1 of 14 1.Federal Award No. 693JJ32440341 2.Effective Date See No. 16 Below 3.Assistance Listings No. 20.939 4.Award To City of East Wenatchee 271 9th Street NE East Wenatchee, WA 98802 Unique Entity Id.: NC8LD6NKQZL5 TIN No.: 91-6009051 5.Sponsoring Office U.S. Department of Transportation Federal Highway Administration Office of Safety 1200 New Jersey Avenue, SE HSSA-1, Mail Drop E71-117 Washington, DC 20590 6.Period of Performance Effective Date of Award – 24 Months from effective date of award 7.Total Amount Federal Share: Recipient Share: Other Federal Funds: Other Funds: Total: $400,000 $100,000 $0 $0 $500,000 8.Type of Agreement Grant 9.Authority Section 24112 of the Infrastructure Investment and Jobs Act (Pub. L. 117–58, November 15, 2021; also referred to as the “Bipartisan Infrastructure Law” or “BIL”) 10.Procurement Request No. HSA240573PR 11.Federal Funds Obligated $400,000 12.Submit Payment Requests To See Article 5. 14.Description of the Project 13.Accounting and Appropriations Data 15X0174E50.0000.055SR30500.5592000000.41010 .610066 This project will develop an Action Plan for East Wenatchee and Douglas County. An addition, this project will complete the transportation chapter of each agencies ADA Transition Plans and update the Local/County Road Safety Plans. RECIPIENT 15.Signature of Person Authorized to Sign ___________________________________ Signature Date Name: Jerrilea Crawford Title: Mayor, City of East Wenatchee FEDERAL HIGHWAY ADMINISTRATION 16.Signature of Agreement Officer ______________________________________ Signature Date Name: Okpemitoritse U. Onuwaje Title: Agreement Officer EXHIBIT A 06-04-2024 City Council Agenda Packet Page 59 of 85 2 of 14 U.S. DEPARTMENT OF TRANSPORTATION GRANT AGREEMENT UNDER THE FISCAL YEAR 2023 SAFE STREETS AND ROADS FOR ALL GRANT PROGRAM This agreement is between the United States Department of Transportation’s (the “USDOT”) Federal Highway Administration (the “FHWA”) and the City of East Wenatchee (the “Recipient”). This agreement reflects the selection of the Recipient to receive a Safe Streets and Roads for All (“SS4A”) Grant for the Douglas County Regional Multimodal Safety Action Plan. The parties therefore agree to the following: ARTICLE 1 GENERAL TERMS AND CONDITIONS 1.1 General Terms and Conditions. (a)In this agreement, “General Terms and Conditions” means the content of the document titled “General Terms and Conditions Under the Fiscal Year 2023 Safe Streets and Roads for All (“SS4A”) Grant Program,”, which is available at https://www.transportation.gov/grants/ss4a/grant-agreements under “Fiscal Year 2023.” Articles 7–30 are in the General Terms and Conditions. The General Terms and Conditions are part of this agreement. (b) The Recipient acknowledges that it has knowledge of the General Terms and Conditions. Recipient also states that it is required to comply with all applicable Federal laws and regulations including, but not limited to, the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR part 200); National Environmental Policy Act (NEPA) (42 U.S.C. § 4321 et seq.); and Build America, Buy America Act (BIL, div. G §§ 70901-27). (c)The Recipient acknowledges that the General Terms and Conditions impose obligations on the Recipient and that the Recipient’s non-compliance with the General Terms and Conditions may result in remedial action, termination of the SS4A Grant, disallowing costs incurred for the Project, requiring the Recipient to refund to the FHWA the SS4A Grant, and reporting the non-compliance in the Federal-government-wide integrity and performance system. EXHIBIT A 06-04-2024 City Council Agenda Packet Page 60 of 85 3 of 14 ARTICLE 2 APPLICATION, PROJECT, AND AWARD 2.1 Application. Application Title: Douglas County Regional Multimodal Safety Action Plan. Application Date: 7/6/2023 2.2 Award Amount. SS4A Grant Amount: $400,000 2.3 Federal Obligation Information. Federal Obligation Type: Single 2.4 Budget Period. Budget Period: See Block 6 of Page 1 2.5 Grant Designation. Designation: Planning and Demonstration ARTICLE 3 SUMMARY PROJECT INFORMATION 3.1 Summary of Project’s Statement of Work. The project will be completed in one phase as follows: Base Phase: Pre-NEPA: All work will be completed in one phase. The City and County will form a joint implementation group to oversee the selection of a consultant for development of the plan. In addition to development of the Action Plan, this Grant will also contribute to completing/updating the County/City Local Road Safety Plans, and completing the transportation chapters of the City and County ADA Transition Plans. 3.2 Project’s Estimated Schedule. Action Plan Schedule Milestone Schedule Date Planned NEPA Completion Date: 10/1/2024 Planned Draft Plan Completion Date: 10/1/2025 Planned Final Plan Completion Date: 4/1/2025 Planned Final Plan Adoption Date: 6/1/2026 Planned SS4A Final Report Date: 6/30/2026 EXHIBIT A 06-04-2024 City Council Agenda Packet Page 61 of 85 4 of 14 3.3 Project’s Estimated Costs. (a) Eligible Project Costs Eligible Project Costs SS4A Grant Amount: $400,000 Other Federal Funds: $0.00 State Funds: $0.00 Local Funds: $100,000 In-Kind Match: $0.00 Other Funds: $0.00 Total Eligible Project Cost: $500,000 (b)Indirect Costs Indirect costs are allowable under this Agreement in accordance with 2 CFR part 200 and the Recipient’s approved Budget Application. In the event the Recipient’s indirect cost rate changes, the Recipient will notify FHWA of the planned adjustment and provide supporting documentation for such adjustment. This Indirect Cost provision does not operate to waive the limitations on Federal funding provided in this document. The Recipient’s indirect costs are allowable only insofar as they do not cause the Recipient to exceed the total obligated funding. ARTICLE 4 RECIPIENT INFORMATION 4.1 Recipient Contact(s). Garren Melton Public Works Manager City of East Wenatchee 271 9th Street NE, East Wenatchee, WA 98802 (509)423-5212 gmelton@eastwenatcheewa.gov 4.2 Recipient Key Personnel. Name Title or Position Garren Melton Public Works Manager EXHIBIT A 06-04-2024 City Council Agenda Packet Page 62 of 85 5 of 14 4.3 USDOT Project Contact(s). Safe Streets and Roads for All Program Manager Federal Highway Administration Office of Safety HSSA-1, Mail Stop: E71-117 1200 New Jersey Avenue, S.E. Washington, DC 20590 202-366-2822 SS4A.FHWA@dot.gov and Agreement Officer (AO) Federal Highway Administration Office of Acquisition and Grants Management HCFA-33, Mail Stop E62-310 1200 New Jersey Avenue, S.E. Washington, DC 20590 202-493-2402 HCFASS4A@dot.gov and Division Administrator – Washington Agreement Officer’s Representative (AOR) 711 Capitol Way S. Suite 501 Olympia, WA 98501 (360)753-9480 hdawa@dot.gov and Joel Barnett Washington Division Office Lead Point of Contact Safety/Design Engineer 711 Capitol Way S. Suite 501 Olympia, WA 98501 (360) 534-9323 Joel.Barnett@dot.gov EXHIBIT A 06-04-2024 City Council Agenda Packet Page 63 of 85 6 of 14 ARTICLE 5 USDOT ADMINISTRATIVE INFORMATION 5.1 Office for Subaward and Contract Authorization. USDOT Office for Subaward and Contract Authorization: FHWA Office of Acquisition and Grants Management SUBAWARDS AND CONTRACTS APPROVAL Note: See 2 CFR § 200.331, Subrecipient and contractor determinations, for definitions of subrecipient (who is awarded a subaward) versus contractor (who is awarded a contract). Note: Recipients with a procurement system deemed approved and accepted by the Government or by the Agreement Officer (the “AO”) are exempt from the requirements of this clause. See 2 CFR 200.317 through 200.327. Note: This clause is only applicable to grants that do not include construction. In accordance with 2 CFR 200.308(c)(6), unless described in the application and funded in the approved award, the Recipient must obtain prior written approval from the AO for the subaward, transfer, or contracting out of any work under this award above the Simplified Acquisition Threshold. This provision does not apply to the acquisition of supplies, material, equipment, or general support services. Approval will be issued through written notification from the AO or a formal amendment to the Agreement. The following subawards and contracts are currently approved under the Agreement by the AO. This list does not include supplies, material, equipment, or general support services which are exempt from the pre-approval requirements of this clause. 5.2 Reimbursement Requests (a)The Recipient may request reimbursement of costs incurred within the budget period of this agreement if those costs do not exceed the amount of funds obligated and are allowable under the applicable cost provisions of 2 C.F.R. Part 200, Subpart E. The Recipient shall not request reimbursement more frequently than monthly. (b)The Recipient shall use the DELPHI iSupplier System to submit requests for reimbursement to the payment office. When requesting reimbursement of costs incurred or credit for cost share incurred, the Recipient shall electronically submit supporting cost detail with the SF-270 (Request for Advance or Reimbursement) or SF-271 (Outlay Report and Request for Reimbursement for Construction Programs) to clearly document all costs incurred. (c)The Recipient’s supporting cost detail shall include a detailed breakout of all costs incurred, including direct labor, indirect costs, other direct costs, travel, etc., and the Recipient shall identify the Federal share and the Recipient’s share of costs. If the Recipient does not provide sufficient detail in a request for reimbursement, the Agreement Officer’s Representative (the “AOR”) may withhold processing that request until the Recipient provides sufficient detail. (d)The USDOT shall not reimburse costs unless the AOR reviews and approves the costs to ensure that progress on this agreement is sufficient to substantiate payment. (e)In the rare instance the Recipient is unable to receive electronic funds transfers (EFT), payment by EFT would impose a hardship on the Recipient because of their inability to manage an account at a financial institution, and/or the Recipient is unable to use the DELPHI iSupplier System to submit their requests for disbursement, the FHWA may waive the requirement that the Recipient use the EXHIBIT A 06-04-2024 City Council Agenda Packet Page 64 of 85 7 of 14 DELPHI iSupplier System. The Recipient shall contact the Division Office Lead Point of Contact for instructions on and requirements related to pursuing a waiver. (f)The requirements set forth in these terms and conditions supersede previous financial invoicing requirements for Recipients. ARTICLE 6 SPECIAL GRANT TERMS 6.1 SS4A funds must be expended within five years after the grant agreement is executed and DOT obligates the funds, which is the budget period end date in section 10.3 of the Terms and Conditions and section 2.4 in this agreement. 6.2. The Recipient demonstrates compliance with civil rights obligations and nondiscrimination laws, including Titles VI of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), and Section 504 of the Rehabilitation Act, and accompanying regulations. Recipients of Federal transportation funding will also be required to comply fully with regulations and guidance for the ADA, Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, and all other civil rights requirements. 6.3 SS4A Funds will be allocated to the Recipient and made available to the Recipient in accordance with FHWA procedures. 6.4 The Recipient of a Planning and Demonstration Grant acknowledges that the Action Plan will be made publicly available and agrees that it will publish the final Action Plan on a publicly available website. 6.5 There are no other special grant requirements. EXHIBIT A 06-04-2024 City Council Agenda Packet Page 65 of 85 8 of 14 ATTACHMENT A PERFORMANCE MEASUREMENT INFORMATION Study Area: City limits of East Wenatchee, Unincorporated Douglas County Table 1: Performance Measure Table Measure Category and Description Measurement Frequency and Reporting Deadline Equity Percent of Funds to Underserved Communities: Funding amount (of total project amount) benefitting underserved communities, as defined by USDOT Within 120 days after the end of the period of performance Costs Project Costs: Quantification of the cost of each eligible project carried out using the grant Within 120 days after the end of the period of performance Lessons Learned and Recommendations Lessons Learned and Recommendations: Description of lessons learned and any recommendations relating to future projects or strategies to prevent death and serious injury on roads and streets. Within 120 days after the end of the period of performance EXHIBIT A 06-04-2024 City Council Agenda Packet Page 66 of 85 9 of 14 ATTACHMENT B CHANGES FROM APPLICATION Describe all material differences between the scope, schedule, and budget described in the application and the scope, schedule, and budget described in Article 3. The purpose of Attachment B is to clearly and accurately document any differences in scope, schedule, and budget to establish the parties’ knowledge and acceptance of those differences. See Article 11 for the Statement of Work, Schedule, and Budget Changes. If there are no changes, please insert “N/A” in Section 3.3 of the table. Scope: No changes, intentionally left blank. Schedule: No changes, intentionally left blank Budget: No changes, intentionally left blank The table below provides a summary comparison of the project budget. Fund Source Application Section 3.3 $ % $ % Previously Incurred Costs (Non-Eligible Project Costs) Federal Funds Non-Federal Funds Total Previously Incurred Costs Future Eligible Project Costs SS4AFunds Other Federal Funds Non-Federal Funds Total Future Eligible Project Costs Total Project Costs N/A N/A N/A N/A EXHIBIT A 06-04-2024 City Council Agenda Packet Page 67 of 85 10 of 14 ATTACHMENT C RACIAL EQUITY AND BARRIERS TO OPPORTUNITY 1.Efforts to Improve Racial Equity and Reduce Barriers to Opportunity. The Recipient states that rows marked with “X” in the following table align with the application: A racial equity impact analysis has been completed for the Project. (Identify a report on that analysis or, if no report was produced, describe the analysis and its results in the supporting narrative below.) The Recipient or a project partner has adopted an equity and inclusion program/plan or has otherwise instituted equity-focused policies related to project procurement, material sourcing, construction, inspection, hiring, or other activities designed to ensure racial equity in the overall delivery and implementation of the Project. (Identify the relevant programs, plans, or policies in the supporting narrative below.) The Project includes physical-barrier-mitigating land bridges, caps, lids, linear parks, and multimodal mobility investments that either redress past barriers to opportunity or that proactively create new connections and opportunities for underserved communities that are underserved by transportation. (Identify the relevant investments in the supporting narrative below.) The Project includes new or improved walking, biking, and rolling access for individuals with disabilities, especially access that reverses the disproportional impacts of crashes on people of color and mitigates neighborhood bifurcation. (Identify the new or improved access in the supporting narrative below.) The Project includes new or improved freight access to underserved communities to increase access to goods and job opportunities for those underserved communities. (Identify the new or improved access in the supporting narrative below.) The Recipient has taken other actions related to the Project to improve racial equity and reduce barriers to opportunity, as described in the supporting narrative below. X The Recipient has not yet taken actions related to the Project to improve racial equity and reduce barriers to opportunity but intends to take relevant actions described in the supporting narrative below. The Recipient has not taken actions related to the Project to improve racial equity and reduce barriers to opportunity and will not take those actions under this award. 2.Supporting Narrative. The City and County intend for outreach to historically underserved communities to be a focal point of the development of the Action Plan. This is highlighted by the specific attention being dedicated to engaging these communities, and to finalize Transportation Chapters of the ADA Transition plans prior to completing a final project list. One of the goals of this Action Plan is to generate a project list that weighs the needs of these communities when establishing project priorities. EXHIBIT A 06-04-2024 City Council Agenda Packet Page 68 of 85 11 of 14 ATTACHMENT D CLIMATE CHANGE AND ENVIRONMENTAL JUSTICE IMPACTS 1. Consideration of Climate Change and Environmental Justice Impacts. The Recipient states that rows marked with “X” in the following table align with the application: The Project directly supports a Local/Regional/State Climate Action Plan that results in lower greenhouse gas emissions. (Identify the plan in the supporting narrative below.) The Project directly supports a Local/Regional/State Equitable Development Plan that results in lower greenhouse gas emissions. (Identify the plan in the supporting narrative below.) The Project directly supports a Local/Regional/State Energy Baseline Study that results in lower greenhouse gas emissions. (Identify the plan in the supporting narrative below.) The Recipient or a project partner used environmental justice tools, such as the EJScreen, to minimize adverse impacts of the Project on environmental justice communities. (Identify the tool(s) in the supporting narrative below.) The Project supports a modal shift in freight or passenger movement to reduce emissions or reduce induced travel demand. (Describe that shift in the supporting narrative below.) The Project utilizes demand management strategies to reduce congestion, induced travel demand, and greenhouse gas emissions. (Describe those strategies in the supporting narrative below.) The Project incorporates electrification infrastructure, zero-emission vehicle infrastructure, or both. (Describe the incorporated infrastructure in the supporting narrative below.) The Project supports the installation of electric vehicle charging stations. (Describe that support in the supporting narrative below.) The Project promotes energy efficiency. (Describe how in the supporting narrative below.) The Project serves the renewable energy supply chain. (Describe how in the supporting narrative below.) The Project improves disaster preparedness and resiliency (Describe how in the supporting narrative below.) The Project avoids adverse environmental impacts to air or water quality, wetlands, and endangered species, such as through reduction in Clean Air Act criteria pollutants and greenhouse gases, improved stormwater management, or improved habitat connectivity. (Describe how in the supporting narrative below.) The Project repairs existing dilapidated or idle infrastructure that is currently causing environmental harm. (Describe that infrastructure in the supporting narrative below.) The Project supports or incorporates the construction of energy- and location- efficient buildings. (Describe how in the supporting narrative below.) The Project includes recycling of materials, use of materials known to reduce or reverse carbon emissions, or both. (Describe the materials in the supporting narrative below.) EXHIBIT A 06-04-2024 City Council Agenda Packet Page 69 of 85 12 of 14 The Recipient has taken other actions to consider climate change and environmental justice impacts of the Project, as described in the supporting narrative below. X The Recipient has not yet taken actions to consider climate change and environmental justice impacts of the Project but will take relevant actions described in the supporting narrative below. The Recipient has not taken actions to consider climate change and environmental justice impacts of the Project and will not take those actions under this award. 2.Supporting Narrative. This is a non-project action. We will evaluate impacts as individual projects are awarded. EXHIBIT A 06-04-2024 City Council Agenda Packet Page 70 of 85 13 of 14 ATTACHMENT E LABOR AND WORKFORCE 1.Efforts to Support Good-Paying Jobs and Strong Labor Standards The Recipient states that rows marked with “X” in the following table align with the application: The Recipient demonstrate, to the full extent possible consistent with the law, an effort to create good-paying jobs with the free and fair choice to join a union and incorporation of high labor standards. (Identify the relevant agreements and describe the scope of activities they cover in the supporting narrative below.) The Recipient or a project partner has adopted the use of local and economic hiring preferences in the overall delivery and implementation of the Project. (Describe the relevant provisions in the supporting narrative below.) The Recipient or a project partner has adopted the use of registered apprenticeships in the overall delivery and implementation of the Project. (Describe the use of registered apprenticeship in the supporting narrative below.) The Recipient or a project partner will provide training and placement programs for underrepresented workers in the overall delivery and implementation of the Project. (Describe the training programs in the supporting narrative below.) The Recipient or a project partner will support free and fair choice to join a union in the overall delivery and implementation of the Project by investing in workforce development services offered by labor-management training partnerships or setting expectations for contractors to develop labor-management training programs. (Describe the workforce development services offered by labor-management training partnerships in the supporting narrative below.) The Recipient or a project partner will provide supportive services and cash assistance to address systemic barriers to employment to be able to participate and thrive in training and employment, including childcare, emergency cash assistance for items such as tools, work clothing, application fees and other costs of apprenticeship or required pre-employment training, transportation and travel to training and work sites, and services aimed at helping to retain underrepresented groups like mentoring, support groups, and peer networking. (Describe the supportive services and/or cash assistance provided to trainees and employees in the supporting narrative below.) The Recipient or a project partner has documented agreements or ordinances in place to hire from certain workforce programs that serve underrepresented groups. (Identify the relevant agreements and describe the scope of activities they cover in the supporting narrative below.) EXHIBIT A 06-04-2024 City Council Agenda Packet Page 71 of 85 14 of 14 The Recipient or a project partner participates in a State/Regional/Local comprehensive plan to promote equal opportunity, including removing barriers to hire and preventing harassment on work sites, and that plan demonstrates action to create an inclusive environment with a commitment to equal opportunity, including: a.affirmative efforts to remove barriers to equal employment opportunity above and beyond complying with Federal law; b.proactive partnerships with the U.S. Department of Labor’s Office of Federal Contract Compliance Programs to promote compliance with EO 11246 Equal Employment Opportunity requirements and meet the requirements as outlined in the Notice of Funding Opportunity to make good faith efforts to meet the goals of 6.9 percent of construction project hours being performed by women and goals that vary based on geography for construction work hours and for work being performed by people of color; c.no discriminatory use of criminal background screens and affirmative steps to recruit and include those with former justice involvement, in accordance with the Fair Chance Act and equal opportunity requirements; d. efforts to prevent harassment based on race, color, religion, sex, sexual orientation, gender identity, and national origin; e.training on anti-harassment and third-party reporting procedures covering employees and contractors; and f. maintaining robust anti-retaliation measures covering employees and contractors. (Describe the equal opportunity plan in the supporting narrative below.) The Recipient has taken other actions related to the Project to create good- paying jobs with the free and fair choice to join a union and incorporate strong labor standards. (Describe those actions in the supporting narrative below.) X The Recipient has not yet taken actions related to the Project to create good- paying jobs with the free and fair choice to join a union and incorporate strong labor standards but, before beginning construction of the project, will take relevant actions described in the supporting narrative below. The Recipient has not taken actions related to the Project to improving good- paying jobs and strong labor standards and will not take those actions under this award. 2.Supporting Narrative. This is a non-project action. We will however evaluate impacts as individual projects are awarded. Once funded, in hiring for contract work the following applies: Douglas County, in accordance with Title VI of the Civil Rights Act of 1964, (78 Stat. 252, 42 U.S.C. 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. EXHIBIT A 06-04-2024 City Council Agenda Packet Page 72 of 85 East Wenatchee Council Agenda Bill To: Mayor Crawford and Council From: Garren Melton, Public Works Manager Subject: Resolution 2024-36 Interlocal Agreement between City of East Wenatchee and East Wenatchee Water District for Utility Work and Pavement Overlay Projects on Parkroy Place. Date: June 4, 2024 I.Summary Title: A Resolution of the City of East Wenatchee, Washington authorizing the Mayor to execute an Interlocal Agreement between the City of East Wenatchee and the East Wenatchee Water District for Utility Work and Pavement Overlay Projects on Parkroy Place. II.Background/History: The City of East Wenatchee’s Transportation Benefit District overlays several roads per year within the City. In recent years the City has been working with the local utilities to complete overlays on roads that also need major utility repairs, offering cost savings to both the utility and the City. This year Council approved the selection of one road to be completed in collaboration with the East Wenatchee Water District (District): Parkroy Place in Resolution 2024-11. III.Recommended Action: Approve Resolution 2024-36 authorizing the Mayor to enter into an Interlocal Agreement with the East Wenatchee Water District authorizing the District for Utility Work and Pavement Overlay Projects on Parkroy Place. IV.Exhibits: A.Transportation Benefit District Project List B.Resolution 2024-36 with Exhibit A Financial Data Expenditure Required Amount Budgeted Appropriation Required $115,775 $124,800 No City of 06-04-2024 City Council Agenda Packet Page 73 of 85 Transportation Benefit District Project List and Schedule Construction Annual Year Project Name From To Year Cost Program Cost 2024 Pavement Ratings NA NA 15,000$ 15,000$ 2024 Safe Streets for All NA NA 60,000$ 60,000$ 2024 Parkroy Place S Iowa Ave S Jarvis Ave 124,800$ 124,800$ 2024 N Kentucky Ave Loan Grant Rd 10th St NE 5,000$ 5,000$ 204,800$ 2025 Pavement Ratings NA NA 15,000$ 15,000$ 2025 S Jarvis Ave 1st St SE 2nd St SE 84,000$ 87,360$ 2025 Dale St SE S Iowa Ave S Kansas Ave 200,000$ 208,000$ 2025 5th St NE N Baker Ave N Kentucky Ave 500,000$ 520,000$ 2025 N Kentucky Ave Loan Grant Rd 10th St NE 180,000$ 180,000$ 1,010,360$ 2026 Pavement Ratings NA NA 15,000$ 15,000$ 2026 2nd St SE S Jarvis Ave S Keller Ave 225,000$ 243,360$ 2026 S Kansas Ave 2nd St SE 3rd St SE 61,000$ 65,978$ 2026 N Kentucky Ave Loan Grant Rd 10th St NE 180,000$ 180,000$ 504,338$ 2027 Pavement Ratings NA NA 15,000$ 15,000$ 2027 N Colorado Ave 3rd St NE Colby Ct 240,000$ 269,967$ 2027 N Kentucky Ave Loan Grant Rd 10th St NE 180,000$ 180,000$ 464,967$ 2028 Pavement Ratings NA NA 15,000$ 15,000$ 2028 N Ashland Ave 13th St NE 15th St NE 75,000$ 87,739$ 2028 14th St NE Arbor Terrace N Baker Ave 165,000$ 193,027$ 2028 N Aurora Ave 14th St NE 15th St NE 78,000$ 91,249$ 2028 N Kentucky Ave Loan Grant Rd 10th St NE 180,000$ 180,000$ 567,015$ 2029 Pavement Ratings NA NA 15,000$ 15,000$ 2029 Citywide Overlay Projects Varies Varies 420,000$ 510,994$ 525,994$ 2024 Cost Estimate EXHIBIT A 06-04-2024 City Council Agenda Packet Page 74 of 85 City of East Wenatchee Resolution 2024-36 with Exhibit A Retain Resolution until no longer needed for City -business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) Page 1 of 2 City of East Wenatchee, Washington Resolution No. 2024-36 A Resolution of the City of East Wenatchee, Washington authorizing the Mayor to execute an Interlocal Agreement between the City of East Wenatchee and the East Wenatchee Water District For Utility Work and Pavement Overlay Projects on Parkroy Place. 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 Mayor to execute an Interlocal Agreement that conforms to the language set forth in Exhibit A. 4.Severability. If a court of competent jurisdiction declares any provision in this resolution to be contrary to law, such declaration shall not affect the validity of the other provisions of this Resolution. 5.Effective date. This Resolution becomes effective immediately. EXHIBIT B 06-04-2024 City Council Agenda Packet Page 75 of 85 City of East Wenatchee Resolution 2024-36 with Exhibit A Retain Resolution until no longer needed for City -business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) Page 2 of 2 Passed by the City Council of East Wenatchee, at a regular meeting thereof on this 4th day of June 2024. The City of East Wenatchee, Washington By ________________________ Jerrilea Crawford, Mayor Attest: ___________________________ Anna Laura Leon, City Clerk Approved as to form only: ___________________________ Robert R. Siderius, City Attorney Filed with the City Clerk: __________ Passed by the City Council: __________ Effective Date: __________ 06-04-2024 City Council Agenda Packet Page 76 of 85 Interlocal Cooperation Agreement City of East Wenatchee and East Wenatchee Water District for Utility Work and Pavement Overlay Project Page 1 of 5 Filed for and Return to: Laura Leon, City Clerk City of East Wenatchee 271 9th Street NE East Wenatchee, WA 98802 The information contained in this boxed section is for recording purposes only pursuant to RCW 36.18 and RCW 65.04, and is not to be relied upon for any other purpose, and shall not affect the intent of any warranty contained in the document itself. Document Title: Interlocal Cooperation Agreement Between the City of East Wenatchee and the East Wenatchee Water District for Utility Work and Pavement Overlay Projects on Parkroy Place. Grantor(s): City of East Wenatchee and East Wenatchee Water District Grantee(s): City of East Wenatchee and East Wenatchee Water District Reference Number(s) of Document Related, Assigned or Released: Not applicable Abbreviated Legal Description Not applicable Complete or Additional Legal Description on page of Document – Not applicable Assessor’s Parcel Number: Not applicable Filed with the Auditor pursuant to RCW 39.34.040 Interlocal Cooperation Agreement Between the City of East Wenatchee and the East Wenatchee Water District for Utility Work and Pavement Overlay Projects on Parkroy Place This Interlocal Cooperation Agreement ("Agreement") is hereby entered into by and between City of East Wenatchee ("City") and the East Wenatchee Water District ("District") sometimes collectively referred to as the "Parties”. WHEREAS, the District desires to replace a portion of the water main within the Project and relocate meter boxes before final paving is installed; WHEREAS, the City desires to complete an overlay of roadways withing the project area; WHEREAS, the City and the District desire to cooperate in the replacement of utilities prior to and during the construction of the Project; NOW, THEREFORE, in consideration of the foregoing, the City and the District agree as follows: 1.Purpose. The purpose of this Agreement is to provide for the replacement of thewater main and meter relocations within the Project limit before the roadimprovement overlay occurs. 2.Scope of Work. The scope of work associated with the City’s Project is set out inExhibits A which is attached hereto and incorporated herein by this reference.The District has selected a contractor through the competitive bidding process. EXHIBIT A 06-04-2024 City Council Agenda Packet Page 77 of 85 Interlocal Cooperation Agreement City of East Wenatchee and East Wenatchee Water District for Utility Work and Pavement Overlay Project Page 2 of 5 3.City's Obligations. The City shall: 3.1. Provide the District with the conceptual engineering design on plan andprofile sheets provided by the City's consultant; and any special provisions for the overlay Project. 3.2. Assume all liability associated with City provided information for the design and specifications for the overlay Project being included within the Project limit as described in Exhibits A. 3.3. As provided for in paragraph 8 of this Agreement, reimburse the District for all costs associated with the construction of the overlay Project. 3.4. Be responsible for its engineers coordinating with the District and its consultant on all aspects of design and contract document preparation. 4.District's Obligations. The District shall: 4.1. Incorporate the engineering design and specifications of the City's roadwayconstruction plans for the Project in the water main replacement project, as described in Exhibits A. 4.2. Administer the construction contract, including: 4.2.1. Scheduling the construction work; 4.2.2. Disbursement of payments to the roadway contractor; and 4.2.3. Administration of change orders. 4.3. Provide field engineering, including survey control and construction staking. 4.4. Provide all construction inspection, including contractor supervision and field laboratory services. 4.5. Be responsible for the administration, management, and budget for this Project. 5.Reservation of Right to Inspect. The District agrees that the City reserves theright to inspect and approve all work done on the Project prior to the City beingobligated to pay the District its costs for such work. 6.Change Orders. No change orders for the City’s portion of the Project shall beapproved by the District without prior written authorization from the City. 7.Duration and Termination. This Agreement shall become effective upon thesigning of the Agreement by both Parties and recording with the Douglas CountyAuditor. This Agreement will terminate upon the completion of the Project, and EXHIBIT A 06-04-2024 City Council Agenda Packet Page 78 of 85 Interlocal Cooperation Agreement City of East Wenatchee and East Wenatchee Water District for Utility Work and Pavement Overlay Project Page 3 of 5 the final payment for the street overlay portion of the Project is received by the District from the City. 8.Cost. The costs associated with City’s Project is set out in the lowest responsiblebid for the items in Exhibit A. The City shall reimburse the District an amountequal to the Total Cost, subject to the terms of this Agreement, as adjusted forchange orders as set forth herein. The estimated Total Cost is $115,775. TheCity shall make periodic progress payments to the District. Each progresspayment, subject to the terms of this Agreement, and the final payment are duewithin 30 days of the date the payment request is mailed by the District to theCity. The City must receive the payment requests by the 10th day of each monthin order to meet the 30-day requirement. 9.Records. The District shall keep and maintain accurate and complete costrecords pertaining to the Project and this Agreement. The City shall have fullaccess and the right to examine any such records during the term of thisAgreement. All records, books, documents and other materials maintained,prepared, or issued by the District in the implementation of this Agreementshall be the property of the District, which shall have the responsibility of theretention and release of those materials. 10. Indemnity. The District shall indemnify, defend and hold harmless the City, itsofficers, agents and employees, from and against any and all claims, losses orliability, or any portion thereof, arising from injury or death to persons ordamage to property occasioned by any negligent act, omission or failure of theDistrict, its officers, agents, and employees, in connection with the workdescribed in this agreement, or arising out of the District's non-observance ornon-performance of any law, ordinance, or regulation applicable to the domesticwater line portion of the Project. 11. Severability. In the event that any provision of this Agreement shall bedetermined to be unenforceable or otherwise invalid for any reason, suchprovision shall be enforced and validated to the extent permitted by law. Allother provisions of this Agreement are severable, and the unenforceability orinvalidity of any single provision hereof shall not affect the remainingprovisions. EXHIBIT A 06-04-2024 City Council Agenda Packet Page 79 of 85 Interlocal Cooperation Agreement City of East Wenatchee and East Wenatchee Water District for Utility Work and Pavement Overlay Project Page 4 of 5 12. Disputes. If a dispute arises under this Agreement, authorized representativesof each party shall meet and negotiate in good faith to attempt to resolve thedispute. A dispute arising out of this Agreement that is not resolved by good-faith negotiation shall be resolved by private arbitration. As part of thearbitration award, the substantially prevailing party shall be entitled, inaddition to other relief, to such reasonable attorneys' fees and costs asdetermined by the arbitrator. 13. Construction. This Agreement contains the entire agreement between theParties with respect to the subject matter hereof and supersedes all prioragreements or understandings among the Parties with respect thereto. ThisAgreement may be amended only by an agreement in writing signed by theParties. 14. Mutual Negotiation and Construction. This Agreement and each of the termsand provisions hereof are deemed to have been explicitly negotiated between,and; mutually drafted by, the Parties, and the language in all parts of thisAgreement shall, in all cases, be construed according to its fair meaning and notstrictly for or against either Party. 15. Governing Law; Venue. This Agreement is governed by the laws of the state ofWashington, without regard to its conflict of law provisions. EXHIBIT A 06-04-2024 City Council Agenda Packet Page 80 of 85 Interlocal Cooperation Agreement City of East Wenatchee and East Wenatchee Water District for Utility Work and Pavement Overlay Project Page 5 of 5 CITY OF EAST WENATCHEE, WASHINGTON By Jerrilea Crawford, Mayor ATTEST: Anna Laura Leon, City Clerk APPROVED AS TO FORM: Robert R. Siderius, City Attorney EAST WENATCHEE WATER DISTRICT Vince Johnston, Manager EXHIBIT A IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the 4th day of June 2024. 06-04-2024 City Council Agenda Packet Page 81 of 85 06-04-2024 City Council Agenda Packet Page 82 of 85 06-04-2024 City Council Agenda Packet Page 83 of 85 06-04-2024 City Council Agenda Packet Page 84 of 85 East Wenatchee Water District Bid Tabulation - bid opening 2:00 pm, Thursday April 24, 2024 2024 Steel Main Replacements Schedule A Item Description Quantity Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price A1 Mobilization 1 LS 114,660.00$ $114,660.00 $52,700.00 $52,700.00 $38,000.00 $38,000.00 $140,000.00 $140,000.00 $76,000.00 $76,000.00 $77,000.00 $77,000.00 $76,740.00 $76,740 A2 Record Drawings 1 LS 2,000.00$ $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000 A3 Force Account 50000 FA 1.00$ $50,000.00 $1.00 $50,000.00 $1.00 $50,000.00 $1.00 $50,000.00 $1.00 $50,000.00 $1.00 $50,000.00 $1.00 $50,000 A4 Project Temporary Traffic Control 1 LS 30,000.00$ $30,000.00 $5,000.00 $5,000.00 $9,000.00 $9,000.00 $113,009.00 $113,009.00 $35,000.00 $35,000.00 $35,000.00 $35,000.00 $39,401.80 $39,402 A5 Reset Existing Monument 4 EA 2,000.00$ $8,000.00 $1,000.00 $4,000.00 $4,725.00 $18,900.00 $425.00 $1,700.00 $3,500.00 $14,000.00 $1,650.00 $6,600.00 $2,260.00 $9,040 A6 Roadway Excavation Incl. Haul 1 LS 20,000.00$ $20,000.00 $80,000.00 $80,000.00 $23,000.00 $23,000.00 $27,000.00 $27,000.00 $40,000.00 $40,000.00 $28,000.00 $28,000.00 $39,600.00 $39,600 A7 Crushed Surfacing Base Course 1660 Ton 45.00$ $74,700.00 $33.50 $55,610.00 $22.00 $36,520.00 $32.00 $53,120.00 $50.00 $83,000.00 $35.00 $58,100.00 $34.50 $57,270 A8 Planing Bituminous Pavement 320 SY 5.00$ $1,600.00 $20.00 $6,400.00 $3.75 $1,200.00 $28.00 $8,960.00 $16.00 $5,120.00 $20.00 $6,400.00 $17.55 $5,616 A9 Commercial HMA CL 3/8-inch for Trench Patching and Meter Vault Aprons980 Ton 180.00$ $176,400.00 $165.00 $161,700.00 $235.00 $230,300.00 $157.00 $153,860.00 $150.00 $147,000.00 $156.00 $152,880.00 $172.60 $169,148 A10 HMA CL 3/8-inch PG 64H-28 for Overlay 210 Ton 150.00$ $31,500.00 $140.00 $29,400.00 $144.00 $30,240.00 $155.00 $32,550.00 $139.00 $29,190.00 $144.00 $30,240.00 $144.40 $30,324 A11 Pothole 113 EA 600.00$ $67,800.00 $175.00 $19,775.00 $420.00 $47,460.00 $426.00 $48,138.00 $1,000.00 $113,000.00 $750.00 $84,750.00 $554.20 $62,625 A12 Repair Existing Side Sewer 4 EA 1,000.00$ $4,000.00 $550.00 $2,200.00 $1,550.00 $6,200.00 $650.00 $2,600.00 $750.00 $3,000.00 $2,000.00 $8,000.00 $1,100.00 $4,400 A13 Repair Existing Irrigation Pipe 4 EA 1,000.00$ $4,000.00 $550.00 $2,200.00 $1,550.00 $6,200.00 $450.00 $1,800.00 $500.00 $2,000.00 $1,250.00 $5,000.00 $860.00 $3,440 A14 Sawcutting 15900 LF 2.00$ $31,800.00 $1.00 $15,900.00 $3.25 $51,675.00 $5.00 $79,500.00 $1.50 $23,850.00 $2.00 $31,800.00 $2.55 $40,545 A15 CDF Pipe Encasement 2 EA 200.00$ $400.00 $1,600.00 $3,200.00 $2,000.00 $4,000.00 $2,600.00 $5,200.00 $2,500.00 $5,000.00 $1,000.00 $2,000.00 $1,940.00 $3,880 A16 Casing Sleeve, 14 inch Diam 300 LF 120.00$ $36,000.00 $115.00 $34,500.00 $135.00 $40,500.00 $95.00 $28,500.00 $175.00 $52,500.00 $175.00 $52,500.00 $139.00 $41,700 A17 DI Pipe for Water Main, 4-In. Diam.35 LF 70.00$ $2,450.00 $120.00 $4,200.00 $96.00 $3,360.00 $135.00 $4,725.00 $130.00 $4,550.00 $120.00 $4,200.00 $120.20 $4,207 A18 DI Pipe for Water Main, 6-In. Diam.110 LF 85.00$ $9,350.00 $90.00 $9,900.00 $91.00 $10,010.00 $93.00 $10,230.00 $55.00 $6,050.00 $120.00 $13,200.00 $89.80 $9,878 A19 DI Pipe for Water Main, 8-In. Diam.3913 LF 100.00$ $391,300.00 $92.50 $361,952.50 $97.00 $379,561.00 $85.00 $332,605.00 $107.00 $418,691.00 $120.00 $469,560.00 $100.30 $392,474 A20 Shoring or Extra Trench Excavation 1 LS 5,000.00$ $5,000.00 $1.00 $1.00 $1,150.00 $1,150.00 $4,650.00 $4,650.00 $1,000.00 $1,000.00 $3,200.00 $3,200.00 $2,000.20 $2,000 A21 Bank Run Gravel for Trench Backfill 380 Ton 30.00$ $11,400.00 $16.00 $6,080.00 $27.50 $10,450.00 $26.00 $9,880.00 $12.00 $4,560.00 $16.00 $6,080.00 $19.50 $7,410 A22 Abandonment / Removal of Terminated Water Facilities 1 LS 15,000.00$ $15,000.00 $5,000.00 $5,000.00 $16,000.00 $16,000.00 $16,575.00 $16,575.00 $17,000.00 $17,000.00 $10,000.00 $10,000.00 $12,915.00 $12,915 A23 Connection to Existing at N. Kentucky & 3rd St NE 1 LS 6,000.00$ $6,000.00 $4,800.00 $4,800.00 $4,200.00 $4,200.00 $3,750.00 $3,750.00 $5,000.00 $5,000.00 $6,300.00 $6,300.00 $4,810.00 $4,810 A24 Connection to Existing at 3rd St NE 1 LS 6,000.00$ $6,000.00 $4,700.00 $4,700.00 $5,000.00 $5,000.00 $3,750.00 $3,750.00 $5,000.00 $5,000.00 $6,300.00 $6,300.00 $4,950.00 $4,950 A25 Connection to Existing at Gary St NE & Ladd Ct 1 LS 6,000.00$ $6,000.00 $3,900.00 $3,900.00 $3,900.00 $3,900.00 $4,100.00 $4,100.00 $5,000.00 $5,000.00 $6,300.00 $6,300.00 $4,640.00 $4,640 A26 Connection to Existing at Gary St NE & N Lander Pl 1 LS 6,000.00$ $6,000.00 $3,900.00 $3,900.00 $3,700.00 $3,700.00 $4,100.00 $4,100.00 $5,000.00 $5,000.00 $6,000.00 $6,000.00 $4,540.00 $4,540 A27 Connection to Existing at Gary St NE & Larch Ave 1 LS 6,000.00$ $6,000.00 $6,500.00 $6,500.00 $6,500.00 $6,500.00 $5,500.00 $5,500.00 $5,000.00 $5,000.00 $8,700.00 $8,700.00 $6,440.00 $6,440 A28 Connection to Existing at N Larch Ave & 3rd St NE 1 LS 6,000.00$ $6,000.00 $14,500.00 $14,500.00 $6,500.00 $6,500.00 $12,000.00 $12,000.00 $7,000.00 $7,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000 A29 Connection to Existing at Rolfs Court 1 LS 6,000.00$ $6,000.00 $4,750.00 $4,750.00 $4,200.00 $4,200.00 $3,750.00 $3,750.00 $5,000.00 $5,000.00 $6,300.00 $6,300.00 $4,800.00 $4,800 A30 Connection to Existing at Rolfs Place 1 LS 6,000.00$ $6,000.00 $4,750.00 $4,750.00 $5,100.00 $5,100.00 $3,325.00 $3,325.00 $5,000.00 $5,000.00 $10,000.00 $10,000.00 $5,635.00 $5,635 A31 Connection to Existing at Parkroy Pl SE 1 LS 6,000.00$ $6,000.00 $4,750.00 $4,750.00 $4,300.00 $4,300.00 $3,750.00 $3,750.00 $5,000.00 $5,000.00 $8,000.00 $8,000.00 $5,160.00 $5,160 A32 Connection to Existing at 2nd St SE 1 LS 6,000.00$ $6,000.00 $4,250.00 $4,250.00 $3,900.00 $3,900.00 $3,325.00 $3,325.00 $5,000.00 $5,000.00 $8,400.00 $8,400.00 $4,975.00 $4,975 A33 Gate Valve, 4-In Diam.1 EA 2,500.00$ $2,500.00 $1,700.00 $1,700.00 $2,000.00 $2,000.00 $1,700.00 $1,700.00 $1,500.00 $1,500.00 $2,200.00 $2,200.00 $1,820.00 $1,820 A34 Gate Valve, 8-in. Diam.13 EA 4,000.00$ $52,000.00 $3,400.00 $44,200.00 $3,200.00 $41,600.00 $2,700.00 $35,100.00 $2,500.00 $32,500.00 $3,500.00 $45,500.00 $3,060.00 $39,780 A35 Comb. Air Release/Air Vacuum Valve Assembly, 1-in.3 EA 7,000.00$ $21,000.00 $6,150.00 $18,450.00 $6,000.00 $18,000.00 $6,500.00 $19,500.00 $7,000.00 $21,000.00 $7,700.00 $23,100.00 $6,670.00 $20,010 A36 Adjust Valve Box 22 EA 800.00$ $17,600.00 $650.00 $14,300.00 $875.00 $19,250.00 $450.00 $9,900.00 $1,500.00 $33,000.00 $800.00 $17,600.00 $855.00 $18,810 A37 Hydrant Assembly 5 EA 12,000.00$ $60,000.00 $9,000.00 $45,000.00 $10,000.00 $50,000.00 $10,000.00 $50,000.00 $10,000.00 $50,000.00 $9,000.00 $45,000.00 $9,600.00 $48,000 A38 Hydrant Guard Post 12 EA 500.00$ $6,000.00 $400.00 $4,800.00 $380.00 $4,560.00 $650.00 $7,800.00 $500.00 $6,000.00 $475.00 $5,700.00 $481.00 $5,772 A39 Service Connection 1-1/2 In. Diam w/ 5/8x3/4 In. Setter 5 EA 7,500.00$ $37,500.00 $3,400.00 $17,000.00 $4,100.00 $20,500.00 $4,000.00 $20,000.00 $5,500.00 $27,500.00 $5,400.00 $27,000.00 $4,480.00 $22,400 A40 Double Service Connection 1-1/2 In. Diam. w/ 5/8x3/4 in Setters 5 EA 8,000.00$ $40,000.00 $5,000.00 $25,000.00 $4,800.00 $24,000.00 $5,500.00 $27,500.00 $6,500.00 $32,500.00 $6,000.00 $30,000.00 $5,560.00 $27,800 A41 Reconnect Existing Service Connection 47 EA 3,000.00$ $141,000.00 $1,450.00 $68,150.00 $1,480.00 $69,560.00 $1,900.00 $89,300.00 $2,100.00 $98,700.00 $1,500.00 $70,500.00 $1,686.00 $79,242 A42 Service Line 700 LF 35.00$ $24,500.00 $40.00 $28,000.00 $37.00 $25,900.00 $25.00 $17,500.00 $10.00 $7,000.00 $37.00 $25,900.00 $29.80 $20,860 SUBTOTAL OF SCHEDULE A $1,549,460.00 $1,235,118.50 $1,338,396.00 $1,452,252.00 $1,494,211.00 $1,505,310.00 $1,405,057.50 Schdule B Quantity Unit Price Total Price B1 Mobilization 1 LS 8,164.00$ $8,164.00 $15,000.00 $15,000.00 $10,000.00 $10,000.00 $9,000.00 $9,000.00 $5,000.00 $5,000.00 $8,000.00 $8,000.00 $9,400.00 $9,400 B2 Force Account 5000 FA 1.00$ $5,000.00 $1.00 $5,000.00 $1.00 $5,000.00 $1.00 $5,000.00 $1.00 $5,000.00 $1.00 $5,000.00 $1.00 $5,000 B3 Project Temporary Traffic Control 1 LS 5,000.00$ $5,000.00 $2,500.00 $2,500.00 $2,150.00 $2,150.00 $10,000.00 $10,000.00 $2,000.00 $2,000.00 $4,000.00 $4,000.00 $4,130.00 $4,130 B4 Roadway Excavation Incl. Haul 1 LS 10,000.00$ $10,000.00 $12,000.00 $12,000.00 $12,000.00 $12,000.00 $5,000.00 $5,000.00 $7,000.00 $7,000.00 $5,000.00 $5,000.00 $8,200.00 $8,200 B5 Crushed Surfacing Base Course 10 Ton 50.00$ $500.00 $50.00 $500.00 $75.00 $750.00 $43.00 $430.00 $20.00 $200.00 $35.00 $350.00 $44.60 $446 B6 Saw Cutting 750 LF 2.00$ $1,500.00 $2.00 $1,500.00 $2.50 $1,875.00 $6.00 $4,500.00 $1.50 $1,125.00 $2.00 $1,500.00 $2.80 $2,100 B7 Full Depth Reclamation 2180 SY 5.00$ $10,900.00 $2.50 $5,450.00 $2.00 $4,360.00 $8.00 $17,440.00 $2.00 $4,360.00 $10.75 $23,435.00 $5.05 $11,009 B8 HMA CL 3/8-inch PG 64H-28 for 2.5-inch overlay 375 Ton 150.00$ $56,250.00 $150.00 $56,250.00 $147.00 $55,125.00 $150.00 $56,250.00 $137.00 $51,375.00 $145.00 $54,375.00 $145.80 $54,675 B9 HMA CL 3/8-inch PG 64H-28 for Driveway approaches 55 Ton 175.00$ $9,625.00 $265.00 $14,575.00 $180.00 $9,900.00 $180.00 $9,900.00 $170.00 $9,350.00 $178.00 $9,790.00 $194.60 $10,703 B10 Adjust Manholes and Catch Basins 4 EA 800.00$ $3,200.00 $750.00 $3,000.00 $800.00 $3,200.00 $700.00 $2,800.00 $1,500.00 $6,000.00 $1,000.00 $4,000.00 $950.00 $3,800 SUBTOTAL OF SCHEDULE B $110,139.00 $115,775.00 $104,360.00 $120,320.00 $91,410.00 $115,450.00 $109,463 TOTAL AMOUNT BID w/o WSST $1,659,599.00 $1,350,893.50 $1,442,756.00 $1,572,572.00 $1,500,211.00 $1,620,760.00 ACI AverageHurstEngineer's Estimate Selland PipkinSmithACI Selland Smith ACI Pipkin 4/25/2024 J:\Data\EWW\22-0013-06\50 SDB\EWW 22-0013-06 2024 Bid tab Steel Main Replacements 06-04-2024 City Council Agenda Packet Page 85 of 85