HomeMy WebLinkAboutResolution 2024-37, 3rd Street Improvements Parks District ILACity of East Wenatchee Resolution 2024-37 with Exhibit A
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City of East Wenatchee, Washington
Resolution No. 2024 -37
A Resolution of the City of East Wenatchee, Washington authorizing
the Mayor to execute an Interlocal Agreement with the Eastmont
Metropolitan Parks District for Improvements associated with the 3rd
Street NE TIB Complete Streets 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.
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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
Eastmont Parks District for Roadway and Parking Improvements (2024-04)
Grantor(s): City of East Wenatchee and Eastmont Parks District
Grantee(s): City of East Wenatchee and Eastmont Parks District
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 the Eastmont
Metropolitan Parks District for Roadway Improvements Associated with the East
Wenatchee Complete Streets Project on 3rd Street NE
THIS INTERLOCAL COOPERATION AGREEMENT ("Agreement") is hereby entered into this
date by and between EASTMONT PARKS DISTRICT (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 3rd Street NE, East Wenatchee,
Douglas County, Washington (the "Project"); and,
2. The District owns a portion of the parking lane along the southern side of 3 rd Street NE,
3. The District and City recognize a need for stormwater infrastructure in 3rd Street NE, and
4. The City and the District desire to cooperate in the improvements during the construction
of the project to return the maximum value to their constituents.
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 construction of the
project, and City funded stormwater improvements not affiliated with the project on Parks District
property.
2. Scope of Work. A cost estimate containing a preliminary list of construction bid items
associated with the District funded portion of the work is set forth in Exhibit A.
3. District's Obligations. The District shall:
3.1 Review the engineering design on plan and profile sheets provided by the City's
consultant.
Exhibit A
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3.2 Review Special Provisions of the bid documents for the District’s facilities within
the Project, also to be furnished by the City's consultant.
3.3 Approve 100% Plans, Specifications and Estimate (PS&E) package for bid
advertisement.
3.4 Provide reimbursement of 20% of the local costs identified (highlighted) in
Exhibit A, or $15 ,000, whichever is less. This amount shall be payable over a
three-year period as shown in Exhibit B. If the District requests additional
improvements not within the scope of this project, they will be entirely at the
cost of the District.
3.5 Authorize the City to complete stormwater, ADA, and roadway safety
improvements on District property.
3.6 Agree to not alter the above-mentioned improvements to District property
without prior approval from the City.
3.5 Be responsible for its staff coordination with the City and its consultant.
4. City's Obligations. The City shall:
4.1 Engage the District during design to ensure the City’s design accommodates the
needs of the District as best as is practicable.
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, 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 this Project.
4.5 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
Exhibit A
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the City will cooperate to address any unanticipated or unexpected circumstances that may require a
change in the design or construction of the Project and/or 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 District shall pay the City for the District’s related
portion of the project. As set forth in Exhibit B, the District shall pay the City 100% of the amount
of the actual cost to construct the items shown in the District’s portion of the bid schedule, or
$15,000, whichever is less. Payments shall occur on the schedule shown in Exhibit B . 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 , even if it exceeds the
maximum reimbursement outlined in this agreement . 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.
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
Exhibit A
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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.
EASTMONT METROPOLITIAN PARKS DISTRICT CITY OF EAST WENATCHEE
___________________________________ _____________________________
Mat Heinz, Director Jerrilea Crawford, Mayor
Attest:
___________________________________ ______________________________
Deb Miller, Board Chair Laura Leon, City Clerk
Exhibit A
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EXHIBIT A – Cost Estimate
Total Estimated Eligible Costs: $166,530
20% of Eligible Costs: $33,306
Maximum Reimbursement Amount per Agreement: $15,000
Exhibit A
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Exhibit B – Sample Reimbursement Schedule
Invoice Generated Invoice Amount Payment Due Date
May 1, 2025 $5,000.00 June 15, 2025
May 1, 2026 $5,000.00 June 15, 2026
May 1, 2027 $5,000.00 June 15, 2027
*This table assumes the full $15,000 maximum reimbursable amount is reached during the project.
In the event that less than $15,000 of reimbursement is required a new reimbursement schedule will
be generated in coordination with the District Director.
Exhibit A