HomeMy WebLinkAboutResolution 2024-42, Interlocal Agreement between the City of East Wenatchee and Link Transit for the City’s 5th Street Improvements Project and 19th St NW & NW Cascade Ave Improvements ProjectCity of East Wenatchee Resolution 2024-42 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 -42
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 the City’s 5th Street Improvements
Project and 19 th St NW & NW Cascade Ave Improvements Project.
1.Alternate format.
1.1. Para leer este documento en otro formato (español, Braille,
leer en voz alta, etc.), póngase en contacto con la administradora municipal 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.
City of East Wenatchee Resolution 2024-42 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 16th day of July, 2024.
The City of East Wenatchee,
Washington
By ________________________
Jerrilea Crawford, Mayor
Attest:
___________________________
Anna Laura Leon, City Clerk
Approved as to form only:
___________________________
City Attorney
Filed with the City Clerk:
Passed by the City Council:
Effective Date:
07-10-202407-16-202407-16-2024
Jerrilea Crawford (Aug 22, 2024 17:08 PDT)
Jerrilea Crawford
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 5th Street
NE, 19th Street NW, and NW Cascade Ave Improvement Projects
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 Released: 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 City of East Wenatchee and Link Transit for
Roadway Improvements Associated with the East Wenatchee 5th Street Improvements
Project and 19th Street NW & NW Cascade 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 road improvement project s involving 5th Street NE, 19th Street NW,
and NW Cascade Ave, East Wenatchee, Douglas County, Washington (the "Project"); and,
2. Link Transit has expressed an interest in upgrading transit stops within the project limits in
coordination with the projects; and
3. 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,
4. 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.
2. Scope of Work. Link will contribute a Lump Sum amount of $77,000 to facilitate the
improvements associated with the above-mentioned projects. The City shall implement the
improvements sketched in Exhibit A, or similar as approved by Link Transit representatives. In
addition to directly funding new ADA compliant bus stops, any excess funds will be allocated
Exhibit A
City of East Wenatchee
Resolution 2024-42
2
towards improvements that directly benefit Link Transit riders, such as sidewalks, enhanced
crossings, and street lighting.
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 Project
provided by the City's consultant.
3.3 Reimburse the City for approved costs once the following milestones are
reached:
3.3.1 $12,000 upon substantial completion, and acceptance by Link staff of
upgrades within the project limits of 19th Street NW & NW Cascade
Ave.
3.3.2 $65,000 upon substantial completion, and acceptance by Link staff
of upgrades within the project limits of 5th Street NE.
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
improvements into the City's roadway construction plans for the Project.
4.2 Administer the bidding and contract award for the 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 Project, including:
(a) Preparation and delivery of Notice of Award and Notice to Proceed to
the contractor;
(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 change 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
Improvements Project, and 19th Street NW & NW Cascade Ave Improvements
Project.
4.5 Include the District in design discussions as applicable for the Project.
Exhibit A
City of East Wenatchee
Resolution 2024-42
3
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 the Project that may require additional expenditures beyond
those budgeted. The District and 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 reimbursement as detailed in
Section 3.3 of this agreement. 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.
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 portion 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 remaining provisions.
Exhibit A
City of East Wenatchee
Resolution 2024-42
4
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 on this
__________ day of ________________, 2024.
Link Transit CITY OF EAST WENATCHEE
___________________________________
Nick Covey, CEO
Attest:
______________________________
Selina Danko, Clerk of the Board
_____________________________
Jerrilea Crawford, Mayor
Attest:
_____________________________
Anna Laura Leon, City Clerk
Exhibit A
City of East Wenatchee
Resolution 2024-42
5
EXHIBIT A
See attached plan set.
Exhibit A
City of East Wenatchee
Resolution 2024-42
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Exhibit A
City of East Wenatchee
Resolution 2024-42
Exhibit A
City of East Wenatchee
Resolution 2024-42
Exhibit A
City of East Wenatchee
Resolution 2024-42
Exhibit A
City of East Wenatchee
Resolution 2024-42
RRS signed Resolution 2024-42, Link ILA (2)
Final Audit Report 2024-08-23
Created:2024-08-22
By:City Clerk (cityclerk@eastwenatcheewa.gov)
Status:Signed
Transaction ID:CBJCHBCAABAAv5XALEKB7Ok6kwvw-0tKXN0bDTTgjqQi
"RRS signed Resolution 2024-42, Link ILA (2)" History
Document created by City Clerk (cityclerk@eastwenatcheewa.gov)
2024-08-22 - 10:25:11 PM GMT
Document emailed to jcrawford@eastwenatcheewa.gov for signature
2024-08-22 - 10:25:51 PM GMT
Email viewed by jcrawford@eastwenatcheewa.gov
2024-08-23 - 0:07:44 AM GMT
Signer jcrawford@eastwenatcheewa.gov entered name at signing as Jerrilea Crawford
2024-08-23 - 0:07:58 AM GMT
Document e-signed by Jerrilea Crawford (jcrawford@eastwenatcheewa.gov)
Signature Date: 2024-08-23 - 0:08:00 AM GMT - Time Source: server
Agreement completed.
2024-08-23 - 0:08:00 AM GMT