FINAL 2024 0709 Council Agenda PacketMoses Lake City Council
Dustin Swartz, Mayor | Judy Madewell, Deputy Mayor | Don Myers, Council Member | Mark Fancher, Council Member
Deanna Martinez, Council Member | David Skaug, Council Member | Victor Lombardi, Council Member
Tuesday, July 9, 2024
Moses Lake Civic Center – 401 S. Balsam or remote access*
Regular Meeting Agenda
Call to Order – 6:30 p.m.
Roll Call
Pledge of Allegiance
Approval of the Agenda
Citizen’s Communications **
Summary Reports:
Mayor’s Report
-Reschedule Development Code Public Hearing
Additional Business
City Manager’s Report
#1 Consent Agenda pg 3 Motion
All items listed below are considered to be routine and will be enacted by one motion. There will be no separate
discussion of these items unless a Council Member requests specific items to be removed from the Consent
Agenda for discussion prior to the time Council votes on the motion to adopt the Consent Agenda.
a.Claims and Payroll
b.Award Luta & Virginia St Construction
c.Longview and Sun Terrace Parks Grant Resolution 3985
d.Industrial Waste Discharge Permit No. 5
e.Laguna Park Short Plat Developer Agreement Amendment
f.Accept Crack Seal Project GC2023-188
g.Maple Landing Bond Extension for Park Improvements (addendum to packet Mon, 7/8)
Old Business - None scheduled
COML Council Packet 7-5-24, Page 1 of 32
July 9, 2024, City Council Meeting Page 2
New Business - None scheduled
Administrative Reports
- Red, White, and Boom Event Recap
- Crime Statistics
- Banking Services Contract Update
Council Committee Reports
Adjournment
Next Regular Council Meeting is scheduled for July 23, 2024
NOTICE: Individuals planning to attend the in-person meeting who require an interpreter or special
assistance to accommodate physical, hearing, or other impairments, need to contact the City Clerk
at (509) 764-3703 or Deputy City Clerk at (509) 764-3713 at least 24 hours in advance of the meeting.
* Remote Options:
#1 MS Teams App or Online Join the meeting now Meeting ID: 291 412 127 579 Passcode: vUPjux
Or #2 MS Teams by phone (audio only) +1 509-707-9401,,446440650# United States, Spokane
Or #3 Youtube Live https://www.youtube.com/@MosesLakeCityCouncil/streams
** In person Citizen Comment or Public Hearing Comments form needs to be turned in prior to start of each
meeting. The 5-minute time per speaker may be reduced to allow a maximum period of 30-minutes for
citizens who have signed up to speak. Click this link for remote speaker request forms which must be
completed by 3 p.m. on the day of the meeting. To be heard remotely during the live meeting – select the
Teams option 1 above.
COML Council Packet 7-5-24, Page 2 of 32
Council Staff Report
To:Agenda Item Number:
From Department
For Agenda of:Proceeding Type
Subject
Reviewed and Approved by:
Expenditure Required:Amount Budgeted:Appropriation Required:
Action Requested
Packet Attachments (if any)
Mike Jackson, Interim City Manager 18436
Madeline Prentice, Director Finance
7/9/2024 Consent Agenda
Disbursement report since June 25, 2024
City Manager City Attorney
Community Development Finance
Fire Human Resources
Parks, Rec, & Cultural Services Police
Public Works Technology Services
2,027,176.52$2,027,176.52$0.00$
Approve payment of claims as presented.
The following amounts were budgeted, and sufficient funds were available to cover these payments.
Electronic Transfer: N/A
Checks: 165966 - 166155 - $1,325,858.64
Payroll Checks: 06-21-2024 PR, #66249 - 66286 - $16,423.45
Electronic Payments: 06-21-2024 Direct Deposit: - $684,894.43
Vouchers - 07.09.2024.pdf 125.06KB
COML Council Packet 7-5-24, Page 3 of 32
Overview
Fiscal and Policy Implications
Approve, Authorize, or Adopt:
Provide Amended Direction:
No Action Taken:
RCW 42.24 governs the process for audit and review of claims and payroll payments for the City. RCW
42.24.180 requires the review and approval of all payments at a regularly scheduled public meeting on at
least a monthly basis. The State Budgeting, Accounting and Reporting Systems (BARS) Manual outlines the
above format for approval by the City Council.
RCW 42.24.080 requires that all claims presented against the City by persons furnishing materials, rendering
services or performing labor must be certified by the appropriate official to ensure that the materials have
been furnished, the services rendered, or the labor performed as described, and that the claims are just, due
and unpaid obligations against the City.
RCW 42.24.180 allows expedited processing of the payment of claims when certain conditions have been
met. The statute allows the issuance of warrants or checks in payment of claims before the legislative body
has acted to approve the claims when: (1) the appropriate officers have furnished official bonds; (2) the
legislative body had adopted policies that implement effective internal control; (3) the legislative body has
provided for review of the documentation supporting the claims within a month of issuance; and (4) that if
claims are disapproved, they shall be recognized as receivables and diligently pursued.
The City meets all these conditions.
To comply with the requirements, Finance staff schedule payment of claims and payroll for semi-monthly Council
approval on the Consent Agenda. The payments listed in the schedule cover all claims and payroll payments
during the period prior to the date of the Council meeting.
All payments made during this period were found to be valid claims against the City. Details are attached and
any questions should be directed to the City Manager or Finance Director.
The City's internal controls include certification of the validity of all payments by the appropriate department prior
to submission for payment. The Finance Director has delegated authority for the examination of vouchers and
authorization of payments to the Finance, Accounts Payable, and Payroll staff. All payments are reviewed and
validated. The Finance Division regularly reviews it processes to ensure appropriate internal controls are in
place.
Options and Results
Approve
N/A
Staff would recognize claims as receivables and pursue collections.
COML Council Packet 7-5-24, Page 4 of 32
TOTALS BY FUND:Est. Fund Bal.Est. Fund Bal.
FUND NO FUND NAME 6/30/2024 AMOUNT 7/9/2024
001 GENERAL FUND 14,673,804 194,252.39 14,479,552
102 TOURISM 1,747,055 13,750.00 1,733,305
103 GRANTS AND DONATIONS 1,093,069 42,949.32 1,050,120
105 ARPA 3,381,602 - 3,381,602
110 HOMELESS SERVICES 261,683 5,701.67 255,981
111 OPIOID ABATEMENT 262,235 - 262,235
112 PUBLIC ARTS FUND 49,824 49,824
114 PATHS/TRAILS 93,889 - 93,889
116 STREET 904,422 3,105.83 901,316
119 STREET REPR/RECON 4,494,496 97,863.90 4,396,632
170 TRANSPORTATION BENEFIT DISTRICT 1,516,391 - 1,516,391
282 LOCAL BORROWING 984,872 - 984,872
286 REFUNDING GO BONDS 2015 184,667 - 184,667
314 PARK & RECREATION IMPROVEMENTS 659,517 - 659,517
315 PARK MITIGATION CAPITAL PROJECTS 330 - 330
316 COMMUNITY SERVICES CENTER - - -
320 FIRE MITIGATION FUND 795,045 - 795,045
322 WATER REMIDIATION 1,596,633 2,407.40 1,594,225
410 WATER/WASTEWATER 7,952,171 61,381.00 7,890,790
450 2011 BOND FUND 10,304 - 10,304
451 2011 BOND FUND - RESERVE 538,350 - 538,350
452 2004 BOND FUND 5,792 - 5,792
453 2004 BOND FUND - RESERVE 701,500 - 701,500
471 WATER RIGHTS 1,578,642 - 1,578,642
477 WATER SEWER CONSTRUCTION 4,643,553 461,857.00 4,181,696
485 PWTF WATER-WASTEWATER DEBT SVS 20,196 - 20,196
487 2015 GO BONDS REDEMPTION 9,471 - 9,471
490 SANITATION 2,615,300 386,700.77 2,228,599
493 STORM WATER 879,854 1,141.93 878,712
495 AIRPORT 79,090 - 79,090
498 AMBULANCE 738,075 11,035.35 727,040
501 UNEMPLOYMENT COMPENSATION INSURANCE 152,904 - 152,904
503 SELF-INSURANCE 279,665 - 279,665
517 CENTRAL SERVICES 701,089 668.78 700,420
519 EQUIPMENT RENTAL 2,385,818 20,249.48 2,365,568
528 BUILDING MAINTENANCE 2,147,593 6,971.79 2,140,621
611 FIRE PENSION 493,592 1,511.83 492,080
623 DEPOSIT 1,155,391 14,310.20 1,141,081
631 STATE 14,117 - 14,117
TOTAL 59,801,999$ 1,325,858.64$ 58,476,140$
City of Moses Lake
Tabulation of Claims Paid-Summary by Fund
Council Meeting Date- 07/09/2024
COML Council Packet 7-5-24, Page 5 of 32
Check Name Check Amount Check Date Invoice Description
165966 Alberto Chavez 250.00 06/20/2024 2024 Union Boot Reimbursement
165967 Carlos Castillo 93.15 06/20/2024 Gas Reimbursement
165968 Dominic Lieggi 150.00 06/20/2024 2024 Boot Reimbursement
165969 El Charro Birrieria LLC 85.00 06/20/2024 City Endorsement Withdrawn
165970 Farmland Florals 85.00 06/20/2024 City Endorsement Withdrawn- Exempt
165971 Grace DeBeaumont 239.13 06/20/2024 Insurance Paid on Claim
165972 Integrated Underwater Services LLC 1,779.58 06/20/2024 Retainage Held on Project
165973 James McEachran 150.00 06/20/2024 CDL Physical Reimbursement
165974 James Workman 162.74 06/20/2024 2024 Union Boot Reimbursement
165975 James Workman 150.00 06/20/2024 CDL Physical Reimbursement
165976 Kyle McCain 54.51 06/20/2024 Purchase Reimbursement
165977 Lakeside Disposal, Inc 318,168.75 06/20/2024 Haul Contract Payment May 2024
165978 Lee Willis 133.00 06/20/2024 CDL Physical Reimbursement
165979 Lee Willis 150.00 06/20/2024 Union Boot Reimbursement
165980 Lengco Construction 97,630.02 06/20/2024 Developer Agreement Reimbursement
165981 Nancy Hanson 2,800.00 06/20/2024 Summer Concert Series
165982 Nicholas Metcalf 72.73 06/20/2024 Purchase Reimbursement
165983 Randy Albrandt 50.00 06/20/2024 Overpaid on Claim
165984 Roger Thornton 150.00 06/20/2024 CDL Physical Reimbursement
165985 Roger Thornton 173.58 06/20/2024 Union Boot Reimbursement
165986 Washington State Treasurer 375.18 06/20/2024 JIS State Remittance 5.31.24
165987 A & H Printers Inc 74.87 06/20/2024 Business Cards
165988 Abc Hydraulics 28.05 06/20/2024 Dot Tubing
165989 Ag Supply Ace Hardware 55.38 06/20/2024 Pool Supplies
165990 Als Glass Service Inc 390.53 06/20/2024 Windshield Installation
165991 Amazon Capital Services, Inc.1,432.67 06/20/2024 May24 Amazon
165992 Anatek Labs, Inc.780.00 06/20/2024 Sample Testing
165993 Aquatic Specialty Services Inc 2,872.59 06/20/2024 Lazy River Pump Replacement
165994 AT&T Mobility II, LLC 4,889.52 06/20/2024 May24 First Responder Lines
165995 Automated Ag Systems 976.50 06/20/2024 Barricade Storage Rack Coatings
165996 Badger Meters Inc 447,106.15 06/20/2024 Meter Parts-End Cap Project
165997 Barbara Nickerson 47.60 06/20/2024 Museum Consignment Sales
165998 Basin Propane LLC 34.18 06/20/2024 Propane
165999 Battery Systems Inc 143.24 06/20/2024 CB645-F1 Battery
166000 Benjamin Schober 82.60 06/20/2024 Museum Consignment Sales
166001 Bethany Rose Iverson 62.30 06/20/2024 Museum Consignment Sales
166002 Bethany White 31.50 06/20/2024 Museum Consignment Sales
166003 Bud Clary Ford LLC 159.66 06/20/2024 Equipment Parts
166004 Christian Olson 44.80 06/20/2024 Museum Consignment Sales
166005 City Of Spokane 120.37 06/20/2024 Evidence Burn Fee
166006 Cobies Fine Dry Cleaning 286.70 06/20/2024 May Dry Cleaning
166007 Columbia Basin Herald 233.88 06/20/2024 Advertising
166008 Confluence Health 100.00 06/20/2024 A. Flores Vaccine
166009 Correct Equipment 3,934.21 06/20/2024 Dwyer Transmitter
166010 Databar Inc 1,501.10 06/20/2024 Utility Billing Invoices
City of Moses Lake
Checks Issued with Summary Description
For July 9th, 2024 Council Meeting
COML Council Packet 7-5-24, Page 6 of 32
Check Name Check Amount Check Date Invoice Description
166011 Day Wireless Systems 403.62 06/20/2024 Radio Repair
166012 Deborah Goodrich Chittenden 48.30 06/20/2024 Museum Consignment Sales
166013 Dr Lou Sowers 700.00 06/20/2024 Ellinger-Keith Preemployment Testing
166014 EMS Connect, LLC 388.50 06/20/2024 EMS Subscription
166015 Evergreen StormH2O 898.50 06/20/2024 Stormwater Comp Plan
166016 Faber Industrial Supply 1,022.62 06/20/2024 Misc. Parts/Supplies
166017 Farallon Inc 2,407.40 06/20/2024 Water Remediation Services
166018 Fastenal Company 199.59 06/20/2024 Shop Supplies
166019 Galls LLC 434.48 06/20/2024 Uniform
166020 General Fire Apparatus Inc 105.32 06/20/2024 Repair and Maintenance of Hoses
166021 Grant Co Solid Waste 68,532.02 06/20/2024 Landfill Dumping Fees
166022 Hach Company 248.52 06/20/2024 Reagent Set
166023 Home Depot Credit Services 405.32 06/20/2024 May Statement 2024
166024 Home Depot Pro (Supplyworks)33.10 06/20/2024 Re-Bill for Taxes - INV 800988719
166025 IAFF #1258/Disab Ins 2,392.79 06/20/2024 Fire Disability
166026 IAFF #1258/Disab Ins 2,392.79 06/20/2024 Fire Union Disability June
166027 IAFF Local 1258 6,670.00 06/20/2024 Fire Union Dues
166028 Inland Pipe & Supply Company 253.47 06/20/2024 Maintenance Supplies
166029 Jerrys Auto Supply 421.45 06/20/2024 Equipment Parts
166030 John Peterson 42.00 06/20/2024 Museum Consignment Loss/Shrinkage
166031 K&N an Impel Company 7,185.09 06/20/2024 Diagnose & Repair: Motor
166032 Kassandra Wiggum 56.00 06/20/2024 Museum Consignment Sales
166033 Kathleen Parr 49.00 06/20/2024 Museum Consignment Sales
166034 Keller Associates 14,750.85 06/20/2024 COF Raw Waste Upgrade
166035 Kelley Create 382.79 06/20/2024 Equipment Contract Fees
166036 Kent D. Bruce Co LLC 876.21 06/20/2024 Antennas
166037 Laurie Riskin 1,532.57 06/20/2024 Museum Consignment Sales
166038 Life -Assist, Inc.2,821.65 06/20/2024 Medical Supplies
166039 Life Flight Network 62.50 06/20/2024 Garza New Hire
166040 Loveta Boyce 45.50 06/20/2024 Museum Consignment Sales
166041 Lowes 3,816.83 06/20/2024 April Statement 2024
166042 Marsha Baerlocher 26.60 06/20/2024 Museum Consignment Sales
166043 Martin Schempp 130.35 06/20/2024 Museum Consignment Sales
166044 Merle Hardy 63.00 06/20/2024 Museum Consignment Sales
166045 Michael A. Brady 101.50 06/20/2024 Museum Consignment Sales
166046 Michael Reed 37.80 06/20/2024 Museum Consignment Sales
166047 Michaelle Boetger Graphic Designs 460.00 06/20/2024 LTAC Advertising
166048 Mike I. Todd 1,274.00 06/20/2024 Barkle Garnishment
166049 Morrison Mobile Veterinary Services 916.00 06/20/2024 K9 Vet Bills
166050 Moses Lake Police Guild 2,340.00 06/20/2024 Police Guild Dues
166051 Moses Lake Steel Supply 341.93 06/20/2024 Cap Screws
166052 Norco Enterprises Inc 750.52 06/20/2024 Operating Supplies
166053 North 40 Outfitters 16.25 06/20/2024 Barrel Bolt
166054 North Coast Electric Company 7.27 06/20/2024 Pole
166055 NYS Child Support Prosessing Center 369.22 06/20/2024 Gilmartin Child Support
166056 Office of Financial Recovery 530.00 06/20/2024 2412 Torrey Garnishment
166057 Owen Equipment Company 4,095.75 06/20/2024 Diagnose & Repair: Drive Motor
166058 Oxarc Inc 1,037.70 06/20/2024 CO2 Bulk - SNS
166059 Pacwest Machinery LLC 484.01 06/20/2024 Misc. Parts
COML Council Packet 7-5-24, Page 7 of 32
Check Name Check Amount Check Date Invoice Description
166060 Paramount Supply Company 43.85 06/20/2024 Long Liner Parts
166061 Phyllis Pufahl 28.00 06/20/2024 Museum Consignment Sales
166062 Platt Electric 11.98 06/20/2024 Beam Clamp
166063 Port Of Moses Lake 45.00 06/20/2024 Port Badge Fees
166064 Pro Rentals And Sales 634.57 06/20/2024 Forklift Rental - SNS Maintenance Grant
166065 Pud Of Grant County 23,997.01 06/20/2024 Elec. Services
166066 Qcl Inc 78.00 06/20/2024 Pre Employment Testing
166067 Rdo Equipment Co.95.02 06/20/2024 Wires
166068 Rells Fire Equipment Inc 231.10 06/20/2024 Fire Alarm Monitoring System - OPS
166069 Renew 3,000.00 06/20/2024 2nd Qtr. Contributions 2024
166070 Robert Stowe 13,750.00 06/20/2024 Development & Strategies March-May
166071 Samaritan Healthcare 180.00 06/20/2024 CPR/AED Cards
166072 SCJ Alliance 10,127.50 06/20/2024 Code/Zoning Update
166073 Sharon R Morley 39.20 06/20/2024 Museum Consignment Sales
166074 Sherwin-Williams 490.88 06/20/2024 Paint Primer
166075 Shirtbuilders Inc 1,144.68 06/20/2024 Uniform
166076 Skaug Brothers Glass 70.53 06/20/2024 Windshield Repair
166077 State Auditors Office 7,414.03 06/20/2024 Financial/Federal Audit
166078 Target Solutions Learning 99.99 06/20/2024 Computer Software Support
166079 Transunion Risk & Alternative 128.90 06/20/2024 May24 Transunion
166080 Trilogy Medwaste West, LLC 39.00 06/20/2024 Medical Waste Disposal
166081 Ups Freight 35.77 06/20/2024 Weekly Service Fees
166082 Usa Blue Book 1,336.43 06/20/2024 Parts/Supplies
166083 WA St Council Of FF Emp Ben 4,600.00 06/20/2024 MERP -Fire Union
166084 Weinstein Beverage Company 113.25 06/20/2024 Water
166085 WEMCO, Inc 976.50 06/20/2024 Overhead Cranes 2024-2027
166086 Western Display Fireworks Ltd 13,750.00 06/20/2024 LTAC- 2024 Fireworks Display
166087 WSCCCE, AFSCME, AFL-CIO 2,592.11 06/20/2024 AFSCME June Dues
166088 Whitney Equipment Company Inc 38,526.16 06/26/2024 Flow Rider - SNS Maintenance Grant
166089 Ag Supply Ace Hardware 27.08 06/27/2024 Water Jet Nozzle
166090 Amazon Capital Services, Inc.822.47 06/27/2024 Amazon May 2024
166091 Anatek Labs, Inc.2,620.00 06/27/2024 Sample Testing
166092 Aquatic Specialty Services Inc 90,613.36 06/27/2024 Pulsar Tabs - SNS
166093 Basin Septic Services Inc 660.00 06/27/2024 Sanitizer Stations @ Sleep Center
166094 Battery Systems Inc 153.39 06/27/2024 65-75 Battery
166095 Bound Tree Medical LLC 243.99 06/27/2024 Medical Supplies
166096 Bud Clary Ford LLC 347.81 06/27/2024 Lamp Assembly
166097 Cascade Natural Gas Corp 9,786.85 06/27/2024 Natural Gas May '24
166098 Central Machinery Sales Inc 39.06 06/27/2024 Equipment Paint
166099 Country Fabrics 476.96 06/27/2024 Sewing Class - Feb - Mar '24
166100 Faber Industrial Supply 434.92 06/27/2024 Wet/Dry Vac
166101 Fastenal Company 5.60 06/27/2024 Screws
166102 Grant County Treasurer 989.27 06/27/2024 2% Liquor Profits
166103 Ground Works Three, LLC 5,041.67 06/27/2024 Rent @ Sleep Center
166104 H D Fowler Company 4,998.52 06/27/2024 Parts/Supplies
166105 Hach Company 130.20 06/27/2024 Sample Bottles
166106 Home Depot Pro (Supplyworks)4,021.29 06/27/2024 Custodial Supplies
166107 Ibs Inc 417.40 06/27/2024 Misc. Parts
166108 Inland Pipe & Supply Company 831.75 06/27/2024 Saddle Clamps
COML Council Packet 7-5-24, Page 8 of 32
Check Name Check Amount Check Date Invoice Description
166109 Iron Horse Real Estate 1,304.78 06/27/2024 Trail Lease
166110 Irrigators Inc 162.97 06/27/2024 Misc. Parts
166111 Itron Inc 1,825.44 06/27/2024 Meter Read System Maintenance
166112 Jerrys Auto Supply 140.14 06/27/2024 Fluid Filter
166113 Jims Lock Service LLC 14.32 06/27/2024 Key Blanks
166114 Kelley Create 285.99 06/27/2024 Equipment Contract Fees
166115 Lad Irrigation Company Inc 94.60 06/27/2024 Irrigation Supplies
166116 Lance, Soll & Lunghard, LLP 180.00 06/27/2024 Finance Pro Services
166117 Med Tech Resource Inc 376.04 06/27/2024 Medical Supplies
166118 Moon Security Services Inc 335.68 06/27/2024 LRC Security
166119 Moses Lake Steel Supply 53.86 06/27/2024 Stud Wedge Anchor
166120 New Technology Services LLC 1,567.83 06/27/2024 Sound System - Summer Concert
166121 North 40 Outfitters 144.62 06/27/2024 Rubber Matting
166122 Northstar Chemical Inc 15,560.05 06/27/2024 Sodium Hypochlorite for Wells
166123 Northwest Medical Group PLLC 945.00 06/27/2024 Pre-Employment Testing, Oord
166124 Oreilly Auto Parts 136.35 06/27/2024 Power Steering Hose
166125 Owen Equipment Company 3.08 06/27/2024 Equipment Parts
166126 Oxarc Inc 105.07 06/27/2024 Gloves
166127 Pacwest Machinery LLC 3,715.41 06/27/2024 DEF Tank Headers
166128 Paramount Supply Company 269.98 06/27/2024 Plugs
166129 Pasco Tire Factory, INC 1,783.01 06/27/2024 P255/60R18 Tires
166130 Platt Electric 5.80 06/27/2024 Pool Supplies
166131 Racom Corporation 5,528.40 06/27/2024 Eq # 047 Upfit
166132 Sherwin-Williams 24.60 06/27/2024 Paint Supplies
166133 Shirtbuilders Inc 3,279.78 06/27/2024 Recreation Program Shirts
166134 Signature Graphics Inc 4,530.71 06/27/2024 Summer Brochure
166135 Silvie Valdez 637.00 06/27/2024 Jiu-Jitsu Professional Fee
166136 Teleflex LLC 562.50 06/27/2024 Medical Supplies
166137 The Lifeguard Store 300.28 06/27/2024 Mask Kits
166138 UPS Store 2469 37.35 06/27/2024 Shipping
166139 WA St Council Of FF Emp Ben 4,500.00 06/27/2024 2413 MERP
166140 Wash Council Police & Sheriffs 450.00 06/27/2024 WCPS Dues
166141 Weinstein Beverage Company 128.79 06/27/2024 Restroom Supplies
166142 Whitmer Public Safety Group 581.67 06/27/2024 Firefighter Badges
166143 Darla Mann 85.00 06/28/2024 City Endorsement Refund
166144 Don Terrell 150.00 06/28/2024 CDL Physical Reimbursement
166145 Dylan Co, LLC 3,399.48 06/28/2024 Retainage Release
166146 Edmund Guerrero 300.00 06/28/2024 Boot Reimbursement
166147 Ian Campbell 150.00 06/28/2024 2024 Boot Reimbursement
166148 Janelle Sword 905.46 06/28/2024 June LEOFF Retiree Pension
166149 Krystal Villafana 85.00 06/28/2024 City Endorsement Reimbursement
166150 Luther Stowers 606.37 06/28/2024 June LEOFF Retiree Pension
166151 Lynne Lynch 32.16 06/28/2024 Meal Reimbursement
166152 Nicholas Metcalf 72.73 06/28/2024 Range Supplies Reimbursement
166153 Olivia Martinez 23.84 06/28/2024 Misc. Purchase Reimbursement
166154 Santa Poco LLC 3,300.00 06/28/2024 Concert In The Park Payment
166155 Sonia Bravo 85.00 06/28/2024 City Endorsement Reimbursement
1,325,858.64$
COML Council Packet 7-5-24, Page 9 of 32
Council Staff Report
Agenda Item Number:
Department
Proceeding Type
Expenditure Required:Amount Budgeted:Appropriation Required:
Action Requested
Packet Attachments (if any)
Overview
Fiscal and Policy Implications
Approve, Authorize, or Adopt:
Provide Amended Direction:
18376
Public Works
Consent Agenda
To:
Mike Jackson, Interim City Manager
From
Brian Baltzell, Director
For Agenda of:
7/9/2024
Subject
Award "Luta & Virginia Street Construction" (GC2024-212)
Reviewed and Approved by:
City Manager City Attorney
Community Development Finance
Fire Human Resources
Parks, Rec, & Cultural Services Police
Public Works Technology Services
798,779.80$986,367.00$0.00$
Staff recommends that the City Council motion to award the "Luta & Virginia Street Construction" project to the
low bidder, Hurst Construction of Wenatchee, for the bid contract price of $798,779.80.
GC2024-212 Luta & Virginia Street Construction Bid Summary.pdf 6.51MB
This project is to construct both Luta Street and Virginia Street ~700 feet west from Grape Drive to
upgrade them from gravel streets to Community Standard streets with curb, gutter, and
sidewalks. The work includes 1,500 tons of CSTC, 900 tons of HMA, 6 catch basins, 3 drywells,
150 LF of 8-inch storm sewer pipe, 3,000 LF of curb and gutter, 2,300 SY of cement concrete,
preparation for two new PUD street lights (including foundation work, 2-inch PVC conduit, and
electrical junction boxes), utility casting adjustments, fire hydrant extensions, new 4-inch PVC
sewer connections to the vacant lots, and new water service connection.
This project will require budgeted funds to be spent in the amount of $798,779.80. Some additional funding will
be spent to cover other costs including engineering and inspector labor.
Options and Results
City staff will execute the contract with the low bidder, Hurst Construction of Wenatchee.
Staff will bring back options for recommended changes.COML Council Packet 7-5-24, Page 10 of 32
No Action Taken:
City staff will wait for further instructions.
COML Council Packet 7-5-24, Page 11 of 32
COML Council Packet 7-5-24, Page 12 of 32
COML Council Packet 7-5-24, Page 13 of 32
COML Council Packet 7-5-24, Page 14 of 32
Council Staff Report
Agenda Item Number:
Department
Proceeding Type
Subject
Reviewed and Approved by:
Expenditure Required:Amount Budgeted:Appropriation Required:
Action Requested
Packet Attachments (if any)
Overview
Fiscal and Policy Implications
Approve, Authorize, or Adopt:
Provide Amended Direction:
18362
Parks, Recreation, and
Cultural Services
To:
Mike Jackson, Interim City Manager
From
Doug Coutts, Director
For Agenda of:
7/9/2024 Consent Agenda
Resolution for RCO Grant Application Authorization-Longview Park Phase 1/Sun Terrace Park Phase 1
City Manager City Attorney
Community Development Finance
Fire Human Resources
Parks, Rec, & Cultural Services Police
Public Works Technology Services
0.00$0.00$0.00$
Adopt the resolution authorizing the application for four grants available through the Recreation Conservation
Office of the State of Washington for the development of Phase 1 of Longview Park and Sun Terrace Park.
ApplicantAuthorizationResolution-2024.pdf 964.07KB
This resolution authorizes staff to apply for the four grants currently in process for the phase one development of
Longview Park and Sun Terrace Park. These projects have been previously presented to Park Board and PRCS
Committee. These documents specify authorized signators for the grants and allow the application. Grant
agreements would occur if we were successful in our applications.
None
Options and Results
Staff will proceed with grant applications.
As these applications are due prior to the subsequent Council meeting, any amended direction will result in the
cancellation of these grant applications.
COML Council Packet 7-5-24, Page 15 of 32
No Action Taken:
Staff will cancel grant applications.
COML Council Packet 7-5-24, Page 16 of 32
ApplicantResolution/Authorization
Organization Name (sponsor) ______________________________________________________________________________
Resolution No. or Document Name________________________________________________________________________
Project(s) Number(s), and Name(s)___________________________________________________________________________
This resolution/authorization authorizes the person(s) identified below (in Section 2) to act as the authorized representative/agent on behalf of our organization and to legally bind our organization with respect to the above Project(s) for which we seek grant funding assistance managed through the Recreation and Conservation Office (Office).
WHEREAS, grant assistance is requested by our organization to aid in financing the cost of the Project(s) referenced above;
NOW, THEREFORE, BE IT RESOLVED that:
1.Our organization has applied for or intends to apply for funding assistance managed by the Office forthe above “Project(s).”
2.Our organization authorizes the following persons or persons holding specified titles/positions (andsubsequent holders of those titles/positions) to execute the following documents binding ourorganization on the above projects:
Grant Document Name of Signatory or Title of Person Authorized to Sign Grant application (submission thereof) Project contact (day-to-day administering of the grant and communicating with the RCO) RCO Grant Agreement (Agreement) Agreement amendments Authorizing property and real estate documents (Notice of Grant, Deed of Right or Assignment of Rights if applicable). These are items that are typical recorded on the property with the county.
The above persons are considered an “authorized representative(s)/agent(s)” for purposes of the documents indicated. Our organization shall comply with a request from the RCO to provide documentation of persons who may be authorized to execute documents related to the grant.
COML Council Packet 7-5-24, Page 17 of 32
3.Our organization has reviewed the sample RCO Grant Agreement on the Recreation and ConservationOffice’s WEB SITE at: https://rco.wa.gov/wp-content/uploads/2019/06/SampleProjAgreement.pdf. Weunderstand and acknowledge that if offered an agreement to sign in the future, it will contain anindemnification and legal venue stipulation and other terms and conditions substantially in the formcontained in the sample Agreement and that such terms and conditions of any signed Agreement shallbe legally binding on the sponsor if our representative/agent enters into an Agreement on our behalf.The Office reserves the right to revise the Agreement prior to execution.
4.Our organization acknowledges and warrants, after conferring with its legal counsel, that its authorizedrepresentative(s)/agent(s) have full legal authority to act and sign on behalf of the organization for theirassigned role/document.
5.Grant assistance is contingent on a signed Agreement. Entering into any Agreement with the Office ispurely voluntary on our part.
6.Our organization understands that grant policies and requirements vary depending on the grantprogram applied to, the grant program and source of funding in the Agreement, the characteristics ofthe project, and the characteristics of our organization.
7.Our organization further understands that prior to our authorized representative(s)/agent(s) executingany of the documents listed above, the RCO may make revisions to its sample Agreement and that suchrevisions could include the indemnification and the legal venue stipulation. Our organization accepts thelegal obligation that we shall, prior to execution of the Agreement(s), confer with our authorizedrepresentative(s)/agent(s) as to any revisions to the project Agreement from that of the sampleAgreement. We also acknowledge and accept that if our authorized representative(s)/agent(s) executesthe Agreement(s) with any such revisions, all terms and conditions of the executed Agreement shall beconclusively deemed to be executed with our authorization.
8.Any grant assistance received will be used for only direct eligible and allowable costs that are reasonableand necessary to implement the project(s) referenced above.
9.[for Recreation and Conservation Funding Board Grant Programs Only] If match is required for the grant,we understand our organization must certify the availability of match at least one month before fundingapproval. In addition, our organization understands it is responsible for supporting all non-cashmatching share commitments to this project should they not materialize.
10.Our organization acknowledges that if it receives grant funds managed by the Office, the Office will payus on only a reimbursement basis. We understand reimbursement basis means that we will only requestpayment from the Office after we incur grant eligible and allowable costs and pay them. The Office mayalso determine an amount of retainage and hold that amount until all project deliverables, grant reports,or other responsibilities are complete.
11.[for Acquisition Projects Only] Our organization acknowledges that any property acquired with grantassistance must be dedicated for the purposes of the grant in perpetuity unless otherwise agreed to inwriting by our organization and the Office. We agree to dedicate the property in a signed “Deed ofRight” for fee acquisitions, or an “Assignment of Rights” for other than fee acquisitions (whichdocuments will be based upon the Office’s standard versions of those documents), to be recorded onthe title of the property with the county auditor. Our organization acknowledges that any property
COML Council Packet 7-5-24, Page 18 of 32
acquired in fee title must be immediately made available to the public unless otherwise provided for in policy, the Agreement, or authorized in writing by the Office Director.
12.[for Development, Renovation, Enhancement, and Restoration Projects Only–If our organizationownsthe project property] Our organization acknowledges that any property owned by ourorganization that is developed, renovated, enhanced, or restored with grant assistance must bededicated for the purpose of the grant in perpetuity unless otherwise allowed by grant program policy,or Office in writing and per the Agreement or an amendment thereto.
13.[for Development, Renovation, Enhancement, and Restoration Projects Only–If your organizationDOESNOT own the property] Our organization acknowledges that any property not owned by ourorganization that is developed, renovated, enhanced, or restored with grant assistance must bededicated for the purpose of the grant as required by grant program policies unless otherwise providedfor per the Agreement or an amendment thereto.
14.[Only for Projects located in Water Resources Inventory Areas 1-19 that are applying for fundsfrom the Critical Habitat, Natural Areas, State Lands Restoration and Enhancement, RiparianProtection, or Urban Wildlife Habitat grant categories; Aquatic Lands Enhancement Account; orthe Puget Sound Acquisition and Restoration program, or a Salmon Recovery Funding Boardapproved grant] Our organization certifies the following: the Project does not conflict with the PugetSound Action Agenda developed by the Puget Sound Partnership under RCW 90.71.310.
15.This resolution/authorization is deemed to be part of the formal grant application to the Office.
16.Our organization warrants and certifies that this resolution/authorization was properly and lawfullyadopted following the requirements of our organization and applicable laws and policies and that ourorganization has full legal authority to commit our organization to the warranties, certifications,promises and obligations set forth herein.
This resolution/authorization is signed and approved on behalf of the resolving body of our organization by the following authorized member(s):
Signed ________________________________________________________________________________________________________
Title ________________________________________________________________ Date_____________________________________
On File at:___________________________________________________________________________________________________
This Applicant Resolution/Authorization was adopted by our organization during the meeting held: (Local Governments and Nonprofit Organizations Only):
Location: ___________________________________________________________________Date:___________________________
Washington State Attorney General’s Office
Approved as to form _______________________________________________2/13/2020_____________________ Assistant Attorney General Date
You may reproduce the above language in your own format; however, text may not change.
COML Council Packet 7-5-24, Page 19 of 32
Council Staff Report
To:Agenda Item Number:
From
Department
For Agenda of:Proceeding Type
Subject
Reviewed and Approved by:
Expenditure Required:Amount Budgeted:Appropriation Required:
Action Requested
Packet Attachments (if any)
Overview
Fiscal and Policy Implications
Approve, Authorize, or Adopt:
Provide Amended Direction:
No Action Taken:
Mike Jackson, Interim City Manager 18395
Brian Baltzell, Public Works
Director Public Works
7/9/2024 Consent Agenda
Industrial Waste Discharge Permit No. 5 - Nouryon Pulp and Performance Chemicals LLC
City Manager City Attorney
Community Development Finance
Fire Human Resources
Parks, Rec, & Cultural Services Police
Public Works Technology Services
0.00$0.00$0.00$
Staff recommends City Council motion to authorize the Interim City Manager to execute the permit.
2024 Nouryon WDP No. 5.pdf 2.89MB
Nouryon Pulp and Performance Chemicals LLC is a significant user and is required to have an industrial waste
discharge permit from the Department of Ecology (DOE) and the City of Moses Lake. Attached is a copy of
proposed Industrial Waste Discharge Permit No. 5 for Nouryon Pulp and Performance Chemicals LLC. This
permit will allow Nouryon Pulp and Performance Chemicals LLC to continue to discharge to the City's Publicly
Owned Treatment Works (POTW) for an additional five (5) years. prior to renewal.
None
Options and Results
The industry will continue to discharge their wastewater to the City's POTW.
Staff will bring back options for recommended changes.
The industry will have to pursue other options for their wastewater.
COML Council Packet 7-5-24, Page 20 of 32
COML Council Packet 7-5-24, Page 21 of 32
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COML Council Packet 7-5-24, Page 26 of 32
COML Council Packet 7-5-24, Page 27 of 32
Council Staff Report
Agenda Item Number:
Department
Proceeding Type
Expenditure Required:Amount Budgeted:Appropriation Required:
Action Requested
Packet Attachments (if any)
Overview
Fiscal and Policy Implications
18409
Public Works
Consent Agenda
To:
Mike Jackson, Interim City Manager
From
Brian Baltzell, Public Works
Director
For Agenda of:
7/9/2024
Subject
Laguna Park Short Plat Developer Agreement Amendment
Reviewed and Approved by:
City Manager City Attorney
Community Development Finance
Fire Human Resources
Parks, Rec, & Cultural Services Police
Public Works Technology Services
2,515.03$0.00$2,515.03$
Staff recommends authorizing the City Manager to sign the amendment to the Laguna Park Short Plat
Developer Agreement to cover the additional costs required on behalf of the City by the developer to complete
the north half of Sage Road along the Plat.
Laguna Park Short Plat DA Amendment 1.docx 65.16KB
Previously, the city signed a Developer Agreement with Lengco Enterprises, LLC to complete the north half of
Sage Road along the Laguna Park Short Plat.
Upon completion of the project it was noted that a couple of field changes were necessary that were not
included in the original agreement that required the developer to spend an additional $2,515.03 on the City's
portion of the roadway. Specifically, multiple existing catch basins that were originally planned to be re-used
were found to be unusable and were replaced, additionally, in order to comply with current ADA requirements,
an additional panel of truncated domes was added to the project.
The developer spent these monies on a portion of roadway that was not their responsibility and staff is
proposing that they be fully compensated for their expenses.
$2,515.03 will need to be appropriated from the Street Fund to cover the costs. A budget amendment request
was submitted on 7/2/2024.
Options and Results
COML Council Packet 7-5-24, Page 28 of 32
Approve, Authorize, or Adopt:
Provide Amended Direction:
No Action Taken:
The Interim City Manager will execute the amendment and the Developer will be paid the additional money.
Staff will bring back options for recommended changes.
The Developer will not be compensated
COML Council Packet 7-5-24, Page 29 of 32
FIRST AMENDMENT TO DEVELOPER EXTENSION AGREEMENT BETWEEN THE CITY OF MOSES LAKE, WASHINGTON AND
LENGCO ENTERPRISES, LLC.
Preamble. This is the first amendment to the Developer Extension Agreement effective April 22, 2024, between City of Moses Lake, a Washington municipal corporation (hereinafter the “City”),
and Lengco Enterprises, LLC., a limited liability company in the State of Washington, (hereinafter the “Developer”) to pay for additional required construction costs.
Amendment.
A. Section 3.4, titled “Financial Contribution by City”, is amended to include an additional
payment of Two Thousand Five Hundred Fifteen dollars and Three cents ($2,515.03) for payment of additional costs incurred to construct the improvements to city standards.
All other terms and conditions of the April 22, 2024, Developer Extension Agreement remain
unchanged.
IN WITNESS WHEREOF, Lengco Enterprises, LLC., and the City of Moses Lake have hereunto set their hands and seals this 9th day of July, 2024.
CITY OF MOSES LAKE, WASHINGTON LENGCO ENTERPRISES, LLC.
_________________________________ _________________________________
Michael Jackson, Interim City Manager Todd Lengenfelder, Owner
Date: ____________________________ Date: ____________________________
COML Council Packet 7-5-24, Page 30 of 32
Council Staff Report
To:Agenda Item Number:
From
Department
For Agenda of:Proceeding Type
Subject
Reviewed and Approved by:
Expenditure Required:Amount Budgeted:Appropriation Required:
Mike Jackson, Interim City Manager 18403
Brian Baltzell, Public Works
Director Public Works
7/9/2024 Consent Agenda
Accept Crack Seal Project GC2023-188
City Manager City Attorney
Community Development Finance
Fire Human Resources
Parks, Rec, & Cultural Services Police
Public Works Technology Services
0.00$0.00$0.00$
Action Requested
Staff recommends City Council motion to accept the 2024 Crack Seal Project.
Packet Attachments (if any)
Overview
BCV, Inc. has completed work for the 2024 Crack Seal Project GC2023-188.
The project consisted of installing rubberized asphalt in 720,042 lineal feet of cracks on designated streets
within the City of Moses Lake.
The work completed is in the amount of $244,814.28. The original contract price for the contract was
$238,000.00 for 700,000 lineal feet of cracks.
The work by the contractor is physically complete and ready for acceptance.
Fiscal and Policy Implications
Upon acceptance, the City will enter into the 60-day lien period as required by Washington State Law.
Options and Results
Approve, Authorize, or Adopt:
60-day lien period will begin.
Provide Amended Direction:
Staff will bring back options for recommended changes.
COML Council Packet 7-5-24, Page 31 of 32
No Action Taken:
The project won't be accepted at this time.
COML Council Packet 7-5-24, Page 32 of 32
Council Staff Report
To:Agenda Item Number:
From
Department
For Agenda of:Proceeding Type
Subject
Reviewed and Approved by:
Expenditure Required:Amount Budgeted:Appropriation Required:
Action Requested
Packet Attachments (if any)
Overview
Fiscal and Policy Implications
Approve, Authorize, or Adopt:
Mike Jackson, Interim City Manager 18478
Doug Coutts, Director
Parks, Recreation, and
Cultural Services
7/9/2024 Consent Agenda
Maple Landing Bond Extension for Park Improvements
City Manager City Attorney
Community Development Finance
Fire Human Resources
Parks, Rec, & Cultural Services Police
Public Works Technology Services
0.00$0.00$0.00$
Waive 60-day notice requirement and Extend the Bond for twelve months
signed maple landing bond.pdf 736.57KB
Maple Landing, LLC, posted a subdivision performance bond for Maple Landing on July 11, 2023, which required the
comple on of certain deferred improvements within a twelve month period. That twelve month period expires on July
11, 2024, and the improvements have not been completed. Maple Landing, LLC, is reques ng a twelve month extension
of the bond to July 11, 2025.
MLMC 17.12.120 sets forth the process for reques ng a bond extension and requires that the developer submit the
request at least 60 days prior to bond expira on. Maple Landing, LLC is reques ng a waiver of this no ce requirement and
is asking for Council approval of a one- me, twelve month extension for the bond. If granted, the bond will be extended
un l July 11, 2025, and the developer will be required to post new security documents pursuant to the provisions of
MLMC 17.12.120.
None
Options and Results
The bond will be extended for one twelve-month period. COML Packet Addendum, Page 33 of 40
Provide Amended Direction:
No Action Taken:
The bond will be extended for an additional period of time as determined by Council up to but not to exceed a twelve-
month extension.
The bond will expire on July 11, 2024 and the City will pursue its remedies under the bond terms.
COML Packet Addendum, Page 34 of 40
Performance - Surety Bond
Public Works Improvements BONDNO.: 7446218
V Landscaping/Wetlands
DATE POSTED:July 1 lth, 2023
RE: Moses Lake Subdivision/Plat/Pernnit No.: GD2023-907
Owner/Developer/Contractor:Maple Landing, LLC
Project Address:4662 NE Grape Drive, Moses Lake, WA
KNOW ALL PERSONS BY THESE PRESENTS:
That we Maple Land!ng, LLC , (hereinafter called the "Principal"), and
Old Republic Surety Company , a corporation organized under the laws
of the State of W!SCOnS!n , and authorized to transact surety business in
the State of Washington (hereinafter called the "Surety"), are held and firmly borind unto the
City of Moses Lake, Washington, in the sum of
Two Hundred Thirty Seven Thousand Four Hundred FiTty Dollars and 00/1 00 cents
($ 237,450.00 ), lawfiil money of the United States of America, for the payment of
which sum we and each of us bind ourselves, our heirs, executors, administrators, successors and
assigns, jointly and severally, by these presents.
THE CONDITIONS of the above obligation are such that:
WHEREAS, the above named Principal has entered into a certain agreement with the
Ciiy, @y hB5 b(;(HH gy3HiBd 3ppy@yBl by %fi(, C iiy, f@y 3 Maple Landing Division j Apartment Complex Development Site Park Areas
within the City;
WHEREAS, the agreement or the approval granted by the City requires that certain
improvements be made in coru'iection with construction of the project; and that such
improvements be constructed in full compliance with City standards, and the plans and
specifications submitted with the project, as required by the City; and
WHEREAS, the agreement or the approval granted by the City requires that the
improvements are to be made or constructed within a certain period of time, unless an extension
is granted in writing by the City; and
COML Packet Addendum, Page 35 of 40
NOW, THEREFORE, it is understood and agreed that this obligation shall contimie in effect
until released in writing by the City of Moses Lake, but only after the Principal has perfoimed
and satisfied the following conditions:
A. Conditions.
1. The improvements to be constructed by the Principal include:
2. The Pi'incipal must constnict the improvements to confoim to the design, location,
materials and other specifications for the indicated site improvements, as reqriired by the
City in the above-referenced City file. This includes any required municipal
improvements including but not limited to plat improvements pursuant to approved plans
and specifications as detailed in the Opinion of Probable cost Approved by the City
DevelopmentEngineeron July6th ,2023,attachedasExhibitAheretoand
incorporated fully herein. In addition, the Principal must construct the improvements
according to the applicable ordinances and standards of the City and/or state statutes,
as the same now exist or are hereafter amended, which are incorporated by
reference as if set forth fully herein and are the law governing this obligation.
3. The Principal must have completed all improvements required by the above-referenced
conditions, plans and City file within twelve months, which time period shall begin
to run from the date of execution of this bond unless an extension is granted by the City.
4. The Principal must have paid all sums owing to laborers, contractors, mechanics,
subcontractors, material men and suppliers or others as a result of such work for which a
lien against any City property has arisen or may arise.
5. The Principal must obtain acceptance by the City of the work completed, all on or
before thirty (30) days after the completion date set forth in paragraph 3 above.
Acceptance by the City is subject to the City's sole discretion as to whether the Principal
has failed to perform tlie obligation imposed by the City and identified herein.
B. Default.
1. If the Principal defaults and does not perform the above conditions within the time
specified, then the Surety shall, within twenty (20) days of demand of the City, make a
written commitment to the City that it will either:
a) remedy the default itself with reasonable diligence pursuant to a time schedule
acceptable to the City; or
b) tender to the City within an additional ten (10) days tlie amorint necessary, as
deteimined by the City, for the City to remedy the default, up to the total bond
an'iount.
Upon completion of the Surety's duties rinder either of the options above, the Surety shall
then have fulfilled its obligations under this bond. If the Surety elects to fulfill its
obligation prirsuant to the requirements of subsection B(l)(b), the City sl'iall notify the
COML Packet Addendum, Page 36 of 40
Surety of the actual cost of the remedy, ripon completion of the remedy. Tl'ie City sliall
return, without interest, any overpayment made by the Surety, and the Surety shall pay to
the City any actual costs which exceeded the City's estimate, limited to the bond amount.
2. In the event the Principal fails to complete all of the above referenced improvements
within the time period specified by the City, then the City, its employees and agents shall
have the right at the City's sole election to enter onto said property described above for
the purpose of completing the improvements. This provision shall not be construed as
creating an obligation on the part of the City or its representatives to complete such
improvements.
C. Corrections. Any corrections reqriired by the City shall be commenced within seven (7) days
of notification by the City and completed within thirty (30) days of the date of notification. If the
work is not performed in a timely manner, the City shall have the right, without recourse to legal
action, to take such action under this bond as described in Section B above.
D. Extensions and Changes. No change, extension of time, alteration or addition to the work to
be perfoimed by the Principal shall affect the obligation of the Principal or Surety on this bond,
unless the City specifically agrees, in writing, to such alteration, addition, extension or change.
The surety waives notice of any such change, extension, alteration or addition thereunder. If
principal applies to the Moses Lake City Council for or receives from it a one-time extension of
the twelve (12) montli time limit for completion of the performance this bond insures, botli
principal and surety acknowledge they rinderstand principal must post a new bond covering the
costs calculated pursuant to ordinance and for the duration specified by the Moses Lake City
Council.
E. Enforcement. It is specifically agreed by and between the parties that in tl'ie event any legal
action must be taken to enforce the provisions of this bond or to collect said bond, the prevailing
party shall be entitled to collect its costs and reasonable attorney fees as a part of the reasonable
costs of securing the obligation hereunder. In the event of settlement or resolution of these issues
prior to the filing of any suit, the achial costs inctured by the City, inchiding reasonable attorney
fees, shall be considered a part of the obligation hereunder secured. Said costs and reasonable
legal fees shall be recoverable by the prevailing party, not only from the proceeds of this bond,
but also over and above said bond as a part of any recovery (including recovery on the bond) in
any judicial proceeding. The Surety hereby agrees that this Agreement shall be governed by the
laws of the State of Washington. Venue of any litigation arising orit of this Agreement shall be in
Grant Corinty Superior Court.
F. Bond Expiration. This bond shall remain in full force and effect until the obligations secured
hereby have been fully performed and a bond guaranteeing maintenance of all improvements for
a period of Two (2) years from acceptance l'ias been submitted to the City in an amount to be
detern'iiried by the City Engineer, in a form suitable to the City and until released in writing by
the City.
COML Packet Addendum, Page 37 of 40
The parties hereby agree that this Agreement sl'iall be governed by the laws of the State of
Washington and to be subject to the jurisdiction of the State of Washington. Venue of any
litigation arising out of this Agreement shall be in Grant County Superior Court.
DATEDthis 11tt1 dayof July , 202 3 .
SURETY COMPANY
Attorney-in-Fact
Zip Bonds, LLC
Business Name
3737 Woodland Ave. Suite 505
Business Address
West Des Moines, IA 50266
City/State/Zip
888-435-4191
Telephone Number
CITY OF MOS LAKE r
B-y:
its Wmh
DEVELOPER / OWNER
7
tts Managing Member
Maple Landing, LLC
Business Name
2909 S Quillan St. Suite 146
Business Address
Kennewick, WA 99337
City/State/Zip
Telephone Number
of Moses Lake
PO Box 1579
Moses Lake, Washington 98837
(509) 764-375 I
COML Packet Addendum, Page 38 of 40
Bonding Agency Notary
STATE OF WASIIINGTON
I certify that I know or have satisfactory evidence that
7(1 (,hrerc( M gJJrer"(5 is the person who appeared before me, and said
person acknowledged that (he/she) signed this instrument and acknowledged it to be (his/her)
free and voluntary act for uses and purposes mentioned in the instrument.
Dated:,Sy4 lP' ,2023
COML Packet Addendum, Page 39 of 40
: OLD REPUBLJC SURETY COMPANY
*****
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That OLD REPUBLIC SURETY COMPANY, a Wisconsin stock insurance corporation, does make, constitute andappoint: RYAN O. SWALVE, ZACHARY MEFFERD, ZACHARY MATTER,
HAVILAH WATSON of WEST DES MOINES, IA
its true and lawful Attorney(s)-in-Fact, with full power and authority for and on behalf of the company as surety, to execute and
deliver and affix the seal of the company thereto (if a seal is required), bonds, undertakings, recognizances or other written obligations in the nature thereof,
(other than bail bonds, bank depository bonds, mortgage deficiency bonds, mortgage guaranty bonds, guarantees of installment paper and note
guaranty bonds, self-insurance workers compensation bonds guaranteeing payment of benefits, orblacklungbonds),asfollovvs:
ALL WRITTEN INSTRUMENTS
and to bind OLD REPUBLIC SURETY COMPANY thereby, and all of the acts of said Attorneys-in-Fact, pursuant to these presents, are ratified and confirmed.This appointment is made under and by authority of the board of directors at a special meeting held on February 18, 1982.
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of the OLDREPUBLIC SURETY COMPANY on February 18,1982.
RESOLVED that, the president, any vice-president or assistant vice president, in conjunction with the secretary or any assistant secretary, may appoint
attorneys-in-fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the company to
execute and deliver and affix the seal of the company to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and said officers may
remove any such attorney-in-fact or agent and revoke any Power of Attorney previously granted to such person.
RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company
(i) when signed by the president, any vice president or assistant vice president, and attested and sealed (if a seal be required) by any secretary or assistantsecretary; or
(ii) when signed by the president, any vice president or assistant vice president, secretary or assistant secretary, and countersigned and sealed (if a seal berequired) by a duly authorized attorney-in-fact or agent; or
(iii) when duly executed and sealed (if a seal be required) by one or more attorneys-in-fact or agents pursuant to and within the limits of the authorityevidenced by the Power of Attorney issued by the company to such person or persons.
RESOLVED FURTHER that the signature of any authorized officer and the seal of the company may be affixed by facsimile to any Power of Attorney or
certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the company; and such
signature and seal when so used shall have the same force and effect as though manually affixed.
IN WITNESS WHEREOF, OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer, and its corporate seal to be
affixedthiq 29'h rlqynf SePfem5er 2022
OLD REPUBLIC SURETY COMPANY
ST ATE OF WISCONSIN COUNTY OF WAUKESHA - SS
too 19 81 ' Y' i
President
On this 29th rlsv of SeP,'ember2022 , personally came before mh Alan PavliCKaren J Haffnerhnrl , to me known to be the individuals and officers of the OLD REPUBLIC SURETY COMPANY
who executed the above instrument, and they each acknowledged the execution of the same, and being by me duly sworn, did severally depose and say: that
they are the said officers of the corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal
and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation.
ZIP BONDS COML Packet Addendum, Page 40 of 40