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HomeMy WebLinkAboutResolution 2025-37, 5th Street Bike Ped Grant AgreementCity of East Wenatchee Resolution 2025-37 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. 2025-37 A Resolution of the City of East Wenatchee, Washington authorizing the Mayor to execute a contract between the City of East Wenatchee and the Washington State Department of Transportation for the 5th Street Improvements Project. 1.Alternate format. 1.1. Para leer este documento en otro formato (español, Braille, leer en voz alta, etc.), póngase en contacto la administradora municipal al alternateformat@eastwenatcheewa.gov, al (509) 884-9515 o al 711 (TTY). 1.2. To read this document in an alternate format (Spanish, Braille, read aloud, etc.), please contact the City Clerk at alternateformat@eastwenatchee wa.gov, at (509) 884-9515, or at 711 (TTY). 2.Authority. 2.1. RCW 35A.11.020 and RCW 35A.12.190 authorize the City Council to organize and regulate its internal affairs and to define the powers, functions and duties of its officers and employees. THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO RESOLVE AS FOLLOWS: 3.Authorization . The City Council authorizes the Mayor to execute a grant 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. Passed by the City Council of East Wenatchee, at a regular meeting thereof on this 5th day of August, 2025. The City of East Wenatchee, Washington By. Jerrilea Crawford, Mayor Attest: <-^^YK. Anna Laura Lean, City Clerk Approved as to form only: Bob ^iderius. City Attorney Filed with the City Clerk: Passed by the City Council: Effective Date: 07-31-2025 08-05-2025 08-05-2025 City of East Wenatchee Resolution 2025-37 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 Jerrilea Crawford State Department of Transportation Local Programs State Funding Agreement Work by Public Agencies Agency and Address Agreement Number Project Number Project Title Description of Work (See also “Exhibit A”) Termini Advertisement Date Indirect Cost Rate Yes No This AGREEMENT is made and entered into between the STATE OF WASHINGTON, Department of Transportation, acting by and through the Secretary of Transportation, hereinafter called the “STATE,” and the above named organization, hereinafter call the “AGENCY.” WHEREAS, the AGENCY is planning the work shown above, and in connection therewith, the AGENCY has requested financial assistance for the project or program, and WHEREAS, the AGENCY has requested funds for the above shown project or program, which has been selected by the STATE for funding assistance. NOW THEREFORE, in consideration of the terms, conditions, covenants, and performances contained herein, or attached and incorporated and made a part hereof, IT IS MUTUALLY AGREE AS FOLLOWS: Type of Work PE or Planning a. Agency Estimate of Funding (1) Estimated Total Funds (2) Estimated Agency Funds (3) Estimated State Funds b. Other c. Other d. State Services e. Total PE Cost Estimate RW f. Agency g. Other h. Other i. State Services j. Total R/W Cost Estimate CN k. Contract l. Other m. Other n. Other o. Agency p. State Services q. Total CN Cost Estimate r. Total Project Cost Estimate DOT Form 140-087LP Revised 12/2024● Previous Versions Obsolete ●Page 1 City of East Wenatchee 271 9th Street NE, East Wenatchee, WA 98802 5th St NE Multimodal & Safety Improvements Various pedestrian and bike improvements to 5th Street NE. See Exhibit A Eastmont Ave & N Jonathan Ave 10/28/2025 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 5,166,500.00 $ 1,871,500.00 $ 3,295,000.00 Consultant $ 500,000.00 $ 200,000.00 $ 300,000.00 $ 20,000.00 $ 0.00 $ 20,000.00 $ 5,000.00 $ 0.00 $ 5,000.00 $ 5,691,500.00 $ 2,071,500.00 $ 3,620,000.00 $ 5,691,500.00 $ 2,071,500.00 $ 3,620,000.00 Exhibit A City of East Wenatchee Resolution 2025-37 _________________________________________________ _________________________________________________ ___________________________________ ________________________________________ I General The AGENCY agrees to perform the above described work in accordance with the Project Application attached hereto as “Exhibit A” and made a part of this AGREEMENT. Plans, specifications, and cost estimates shall be prepared by the AGENCY in accordance with the current State of Washington Standard Specifications for Road, Bridge, and Municipal Construction and adopted design standards, unless otherwise noted. The AGENCY will incorporate the plans and specifications into the AGENCY’s project and thereafter advertise the resulting project for bid and, assuming bids are received and a contract is awarded, administer the contract, or if the project is of a size which the AGENCY is authorized to perform with its own forces under the laws of the State of Washington, the AGENCY may proceed with its own forces. All work performed under this AGREEMENT shall comply with the applicable provisions of state law. II Payment The STATE, in consideration of the faithful performance of the work to be performed by the AGENCY, agrees to reimburse the AGENCY for the percentage of the actual direct and related indirect cost of the work shown above, up to the “MAXIMUM AMOUNT AUTHORIZED”. The agency will comply with Governmental Accounting Auditing and Financial Reporting Standards and applicable state law and local regulations, policies and procedures. No payment will be made for work done prior to execution of this AGREEMENT. Partial payments shall be made by the STATE, upon request of the AGENCY, to cover costs incurred. These payments are not to be more frequent than one (1) per month. It is agreed that any such partial payment will not constitute agreement as to the appropriateness of any item and that, at the time of the final audit, all required adjustments will be made and reflected in a final payment. The AGENCY agrees to submit a final bill to the STATE within forty-five (45) days after the AGENCY has completed work. The AGENCY agrees that all costs in excess of the amount authorized and the AGENCY’s matching funds shall be the responsibility of the AGENCY. III Audit The AGENCY agrees that an audit may be conducted by the STATE. During the progress of the work and for a period not less than three (3) years from the date of final payment to the AGENCY, the records and accounts pertaining to the work and accounting thereof are to be kept available for inspection and audit by the STATE and copies of all records, accounts, documents, or other data pertaining to the project will be furnished upon request. If any litigation, claim, or audit is commenced, the records and accounts along with supporting documentation shall be retained until all litigation, claim, or audit finding has been resolved even though such litigation, claim, or audit continues past the three-year retention period. IV Legal Relations No liability shall attach to the AGENCY or the STATE by reason of entering into this AGREEMENT except as expressly provided herein. V Nondiscrimination The AGENCY agrees to comply with all applicable state and federal laws, rules, and regulations pertaining to nondiscrimination and agrees to require the same of all subcontractors providing services or performing any work using funds provided under this AGREEMENT. VI Venue For the convenience of the parties to this AGREEMENT, it is agreed that any claims and/or causes of action which the AGENCY has against the STATE, growing out of this AGREEMENT or the project or program with which it is concerned, shall be brought only in the Superior Court for Thurston County. VII Termination The Secretary of the Department of Transportation may terminate this AGREEMENT if the funding becomes unavailable or if the Secretary determines that it is in the best interest of the STATE. VIII Final Report and Final Inspection Within ninety (90) days following the completion of the project and submission of the final billing for the project, a final report and/or final inspection shall be submitted to the Director, Highways & Local Programs containing the following information: Non-Capital Projects 1. A description of the project or program. 2. A summary of actual costs of the project or program. 3. An evaluation of the project or program. This should address aspects such as transportation and/or other benefits to the public. Capital Projects 1. A final inspection is required. IX Supplement This agreement may be modified or supplemented only in writing by parties. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on the day and year last written below. AGENCY By: Title: Agency Date: S TATE By: Director, Local Programs Date Executed: DOT Form 140-087LP Revised 12/2024 ● Previous Versions Obsolete ●Page 2 Exhibit A City of East Wenatchee Resolution 2025-37 Instructions – Local Programs State Funding Agreement 1. Name and Address – Enter the agency name and billing address of the lead agency that will become a party to the agreement. 2. Agreement Number – MUST be left blank. This number will be assigned by WSDOT. 3. Project Number – MUST be left blank. This number will be assigned by WSDOT. 4. Description of Work – Enter a concise statement of the major items of work to be performed. If applicable, attach the signed Project Summary from the project’s selection letter as “Exhibit A”. 5. Project Title – Enter the project’s title. 6. Termini – Enter the begin and end points of the project. 7. Advertisement Date – At construction phase authorization only, enter the proposed construction contract advertisement date. 8. Indirect Cost Rate a. Check the Yes box if the agency will be claiming indirect costs on the project. For those projects claiming indirect costs, supporting documentation that clearly shows the indirect cost rate being utilized by the agency must be provided with the Local Programs State Funding Agreement. Indirect cost rate approval by your cognizant agency or through your agency’s self-certification and supporting documentation is required to be available for review by WSDOT and/or State Auditor. b. Check the No box if the agency will not be claiming indirect costs on the project. 9. Type of Work and Funding (Round all dollar amounts to the nearest whole dollar) a. Planning – For projects that only include planning and/or study activities, lines a through d show Planning costs for the project by type of work (e.g., agency, consultant, state services, etc.). • Line a – Enter the estimated cost of agency performed work in columns 1 through 3. • Line b & c – Identify consultant, etc., and enter the estimated amounts in columns 1 through 3. • Line d – State Services. Every project must have funding for state services. Enter the estimated amounts in columns 1 through 3. • Line e – Total of lines a + b + c + d. b. Preliminary Engineering – For projects authorizing a Preliminary Engineering phase, lines a through d show PE costs for the project by type of work (e.g., agency, consultant, state services, etc.). • Line a – Enter the estimated cost of agency performed work in columns 1 through 3. • Line b & c – Identify consultant, etc., and enter the estimated amounts in columns 1 through 3. • Line d – State Services. Every project must have funding for state services. Enter the estimated amounts in columns 1 through 3. • Line e – Total of lines a + b + c + d. c. Right of Way – For projects authorizing a Right of Way phase, lines f through i show RW costs for the project by type of work (e.g., agency, consultant, state services, etc.). • Line g & h – Identify consultant, etc., and enter the estimated amounts in columns 1 through 3. • Line i – State Services. Every project must have funding for state services. Enter the estimated amounts in columns 1 through 3. • Line j – Total of lines f + g + h + i. d. Construction – For projects authorizing a Construction phase, lines k through p show CN costs for the project by type of work (e.g., contract, agency, consultant, state services, etc.). • Line k – Enter the estimated cost of the CN contract in columns 1 through 3. • Lines l, m, & n – Identify consultant, utilities, etc., and enter the estimated amounts in columns 1 through 3. • Line o – Enter the estimated cost of agency performed work in columns 1 through 3. • Line p – State Services. Every project must have funding for state services. Enter the estimated amounts in columns 1 through 3. • Line q – Total of lines k + l + m + n + o + p. e. Total Project Cost Estimate • Line r – Total Cost Estimate of the Project. Total of lines e + j + q. 10.Signatures – An authorized official of the local agency signs the agreement and enters their title and date of signature (include month, day, and year). Note: Do NOT enter a date on the Date Executed line. DOT Form 140-087LP Revised 12/2024● Previous Versions Obsolete ●Page 3 Exhibit A City of East Wenatchee Resolution 2025-37 7. Resolution 2025-37 5th Street Bike Ped Grant Agreement Final Audit Report 2025-08-11 Created:2025-08-11 By:City Clerk (cityclerk@eastwenatcheewa.gov) Status:Signed Transaction ID:CBJCHBCAABAANzAqf4RAi4CsM8PiRvnrdT-inGsFpBgF "7. Resolution 2025-37 5th Street Bike Ped Grant Agreement" Hi story Document created by City Clerk (cityclerk@eastwenatcheewa.gov) 2025-08-11 - 5:01:32 PM GMT Document emailed to jcrawford@eastwenatcheewa.gov for signature 2025-08-11 - 5:01:47 PM GMT Email viewed by jcrawford@eastwenatcheewa.gov 2025-08-11 - 5:03:18 PM GMT Signer jcrawford@eastwenatcheewa.gov entered name at signing as Jerrilea Crawford 2025-08-11 - 5:03:39 PM GMT Document e-signed by Jerrilea Crawford (jcrawford@eastwenatcheewa.gov) Signature Date: 2025-08-11 - 5:03:41 PM GMT - Time Source: server Agreement completed. 2025-08-11 - 5:03:41 PM GMT