HomeMy WebLinkAbout2023-54, Interlocal Agreement with Link Transit for for transit improvements, and multimodal safety improvements associated with the City’s 5th Street Safe Routes to School project, and N Kentucky Ave Improvements Project.City of East Wenatchee Resolution 2023-54 with Exhibit A
Retain Resolution until no longer needed for City -business, then transfer to Washington State
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City of East Wenatchee, Washington
Resolution No. 2023 -54
A Resolution of the City of East Wenatchee, Washington authorizing
the Mayor to execute an Interlocal Agreement between the City of East
Wenatchee and Link Transit for transit improvements, and multimodal
safety improvements associated with the City’s 5 th Street Safe Routes to
School project, and N Kentucky Ave Improvements Project.
1.Alternate format.
1.1. Para leer este documento en otro formato (español, Braille,
leer en voz alta, etc.), póngase en contacto con el v endedor de la
ciudad al alternateformat @eastwenatcheewa.gov, al (509) 884 -
9515 o al 711 (TTY).
1.2. To read this document in an alternate format (Spanish,
Braille, read aloud, etc.), please contact the City Clerk at
alternateformat@eastwenatcheewa.gov, at (509) 884 -9515, or at
711 (TTY).
2.Authority.
2.1. RCW 35A.11.020 and RCW 35A.12.190 authorize the City
Council to organize and regulate its internal affairs and to define
the powers, functions and duties of its officers and employees.
THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO
RESOLVE AS FOLLOWS:
3.Authorization. The City Council authorizes the Mayor to execute
an Interlocal Agreement that conforms to the language set forth in
Exhibit A.
4.Severability. If a court of competent jurisdiction declares any
provision in this resolution to be contrary to law, such declaration
shall not affect the validity of the other provisions of this Resolution.
5.Effective date. This Resolution becomes effective immediately.
1
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 Link
Transit for Roadway improvements associated with the East Wenatchee Safe Routes
to School Projects (2019-08) and N Kentucky Ave Improvements
Grantor(s): City of East Wenatchee and Link Transit
Grantee(s): City of East Wenatchee and Link Transit
Reference Number(s) of Document Related, Assigned or Releas ed: N/A
Abbreviated Legal Description: N/A
Complete or Additional Legal Description on page of Document – N/A
Assessor’s Parcel Number: N/A
Filed with the Auditor pursuant to RCW 39.34.040
Interlocal Cooperation Agreement Between the Cit y of East Wenatchee and Link Transit for
Roadway Improvements Associated with the East Wenatchee Safe Routes to School Project
and N Kentucky Ave Improvements Project
THIS INTERLOCAL COOPERATION AGREEMENT ("Agreement") is hereby entered into this
date by and between Link Transit (the "District"), and the CITY OF EAST WENATCHEE (the
"City"), collectively referred to as the "Parties."
RECITALS:
1. The City is engaged in a road improvement project involving 5th Street NE, East Wenatchee,
Douglas County, Washing ton (the "Project"); and,
2. The City has also been awarded funds to begin Design and Right of Way acquisition on
Phase 1 of a North Kentucky Ave corridor improvement project; and,
3. Link Transit has expressed an interest in relocating transit stops on 5 th Street NE to more
suitable locations that offer more safety and ADA accessibility to riders;
4. Link has also expressed an interest in participating in the design work to be done on North
Kentuck Ave.; and,
5. By contributing to these projects Link is furthering its Vision 2020 goals of “providing
sidewalk and pathway improvements to improve access to transit stops” and “improving
safety and security features at bus stops”; and,
6. The City and Link desire to cooperate in the addition of these Transit improvements ,
recognizing the savings to taxpayers through economies of scale.
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 design and construction
of Link transit improvement as a part of larger City road projects.
Exhibit A
City of East Wenatchee
Resolution 2023-54
2
2. Scope of Work. Link will contribute a Lump Sum amount of $100,000 to facilitate the
improvements on 5th Street NE for the benefit of Link and its riders , and to fund certain Transit
design elements on the N Kentucky Ave Project. On 5th Street NE the City shall implement the
improvements sketched in Exhibit A, or similar as approved by Link Transit representatives. The
lump sum amount will also fund improvements immediately adj acent to transit stops that increase
their safety and accessibility on the 5th Street Project. If the District desires to implement transit
improvements on N Kentucky Ave outside of the scope of the City’s N Kentucky corridor
improvement project a subsequent agreement to pay for construction costs will be required.
3. District's Obligations. The District shall:
3.1 Coordinate with City staff if changes to the proposed improvements relating to
the 5th Street Project shown in Exhibit A are needed.
3.2 Review the engineering design on plan and profile sheets for the 5th Street
Project provided by the City's consultant.
3.3 Participate in the City’s N Kentucky Ave design process. Necessary items
include:
(a) Preferred locations of future transit stops
(b) Accessibility requirements of transit stops
(c) Possible construction contribution for transit related improvements on
the N Kentucky corridor. A separate agreement would be established for
that work prior to the project going to bid.
3.4 Provide 95% ($95,000) of the lump sum amount to the City for the Link 5th
Street work once 5th Street Improvements are completed to the satisfaction of
the District. The remaining 5% ($5,000) will be assessed after N Kentucky Ave
has reached a 30% design, and Link representatives are sa tisfied with the planned
transit upgrades.
3.5 Be responsible for its staff coordination with the City and its consultant.
4. City's Obligations. The City shall:
4.1 Incorporate the engineering design and specifications for the District’s 5th Street
improvements into the City's roadway construction plans for the Project.
4.2 Administer the bidding and contract award for the 5th Street Project, including:
(a) Preparing bid documents
(b) Advertising for construction bids; and
(c) Awarding of the construction contract to the lowest responsible bidder
based on the lowest total submitted for all schedules of work.
4.3 Administer the construction contract for the 5th Street Project, including:
(a) Preparation and delivery of Notice of Award and Notice to Proceed to
the contractor;
Exhibit A
City of East Wenatchee
Resolution 2023-54
3
(b) Scheduling the construction work with the contractor;
(c) Disbursement of payments to the roadway contractor; and
(d) Administration of change orders, although the District shall have final
authority for review and approval of any chang e order that affects the
District’s improvements; and
(e) Contract closeout.
4.4 Be responsible for the administration, management, and budget for the 5th Street
Project.
4.5 Include the District in design discussions when evaluating how transit will be
accommodated in a future N Kentucky Ave Corridor Project. Key discussion
points include transit stop location and accessibility.
4.6 The City agrees that the District reserves the right to inspect and approve all
work done on the District’s system prior to the District being obligated to pay
the City its costs for such work.
5. Unexpected Changes. The District and the City recognize that unanticipated or
unexpected changes to the project plans may be necessary as the project develops. The District and
the City will cooperate to address any unanticipated or unexpected circumstances that may require a
change in the design or construction of either the 5th Street or Project or the N Kentucky corridor
design, and/or that may require additional expenditures beyond those budgeted. The District in the
City will further cooperate in the allocation of any such additional costs with consideration of the
party (if any) responsible for the cost and the extent to which the changes benefit the District or the
City.
6. Duration and Termination. This Agreement shall become effective upon the
filing of the executed Agreement with the Douglas County Auditor pursuant to RCW 39.34.040.
This agreement will terminate when the Project is completed and when the final payment for the
District’s portion of the Project is received by the City from the District.
7. Payment by District to City. The City shall request $95,000 once improvements
detailed in Exhibit A are completed to the satisfaction of the District . The City shall request the
remaining $5,000 when the plans for N Kentucky Ave reach 30%, or once District representatives
are satisfied with the planned transit upgrades . In the event a change order requested by the District
related specifically to work of benefit to the District only occurs, the District shall pay all of the
costs of any such change order. The District shall make periodic progress payments to the City.
Each progress payment, subject to the terms of this agreement, and the final payment are due within
45 days of the date the payment request is mailed by the City to the District. Any payment past due
shall accrue interest at the rate of twelve (12%) per cent per annum until the entire outstanding
balance of the past due principal and interest is paid.
8. Records. The City shall keep and maintain accurate and complete cost records
pertaining to the Project and this Agreement. The District shall have full access and the right to
examine any such records during the term of this Agreement . All records, books, documents and
other materials maintained, prepared, or issued by the District in the implementation of this
Agreement shall be the property of the District, which shall have the responsibility of the retention
and release of those materials.
Exhibit A
City of East Wenatchee
Resolution 2023-54
4
9. Mutual Indemnity. The District shall indemnify, defend and hold harmless the City, its
officers, agents and employees, from and against any and all claims, losses or liability, or any portion
thereof, arising from injury or death to persons or damage to property occasioned by any negligent
act, omission or failure of the District, its officers, agents, and employees, in connection with the
work described in this agreement, or arising out of the District's non -observance or non-
performance of any law, ordinance, or regulation applicable to the District’s portion of the Project.
The City shall indemnify, defend and hold harmless the District, its officers, agents and
employees, from and against any and all claims, losses or liability, or any p ortion thereof, arising
from injury or death to persons or damage to property occasioned by any negligent act, omission or
failure of the City, its officers, agents and employees, in connection with the work described in this
agreement, or arising out of the City's non-observance or non-performance of any law, ordinance or
regulation applicable to the District’s portion of the Project.
10. Severability. In the event that any provision of this Agreement shall be determined to
be unenforceable or otherwise invalid for any reason, such provision shall be enforced and validated
to the extent permitted by law. All other provisions of this Agreement are severable, and the
unenforceability or invalidity of any single provision hereof shall not affect the remai ning provisions.
11. Construction. This agreement contains the entire agreement between the Parties with
respect to the subject matter hereof and supersedes all prior agreements or understandings among
the Parties with respect thereto. This Agreement may be amended only by an agreement in writing
signed by the Parties.
12. Mutual Negotiation and Construction. This Agreement and each of the terms and
provisions hereof are deemed to have been explicitly negotiated between, and mutually drafted by,
the Parties, and the language in all parts of this Agreement shall, in all cases, be construed according
to its fair meaning and not strictly for or against either Party.
13. Governing Law; Venue. This Agreement is governed by the laws of the state of
Washington, without regard to its conflict of law provisions. The jurisdiction of any action
hereunder shall be in the Superior Court, Douglas County, Washington.
INWITNESS WHEREOF, the parties hereto have executed this Agreement o n this
__________ day of ________________ , 2023.
Link Transit CITY OF EAST WENATCHEE
___________________________________ _____________________________
Jerrilea Crawford, Mayor
Attest:
______________________________
Laura Leon, City Clerk
Exhibit A
City of East Wenatchee
Resolution 2023-54
5
EXHIBIT A
See attached plan set.
Exhibit A
City of East Wenatchee
Resolution 2023-54