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064-24 - WSDOT - ContractDocusign Envelope ID: 9E4A18DB-1ABD-4052-A1C7-18CF45AE9A9A Aft Washington Mate �. Department of Transportation Local Programs State Funding Agency and Address Agreement City of Port Orchard Work by Public 216 Prospect Street Agencies Port Orchard, WA 98366 Agreement Number Maximum Amount Authorized Location and Description of Work (See also Exhibit "A") i, 1 l lo/ !C­ $732,000 The project will study and evaluate non -motorized connectivity along the Tremont Street corridor between Port Orchard Blvd and Sidney Participating Percentage Project Number Ave. Improvement alternatives will be developed and evaluated. A 100% HLP-PB23(015) preliminary design will be completed by the selected consultant. Thls 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 Estimate of Funding (1) Estimated Total Project Funds (2) Estimated Agency Funds (3) Estimated State Funds PE a. Agency $ 2,500.00 $ 2,500.00 b. Other Consultant $ 724,500.00 $ 724,500.00 c. Other d. State Services $ 5,000.00 $ 5,000.00 e. Total PE Cost Estimate (a+b+c+d) $ 732,000.00 $ 0.00 $ 732,000.00 Right of Way f. Agency g. Other h. Other i. State Services J. Total RM Cost Estimate (f+g+h+i) $ 0.00 $ 0.00 $ 0.00 Construction k. Contract (.Other m. Other n. Other o. Agency p. State Services q. Total CN Cost Estimate (k+l+m+n+o+p) $ o.00 $ 0.00 $ 0.00 r. Total Project Cost Estimate (e+j+q) $ 732,000.00 $ 0.00 $ 732,000.00 DOT Form 140-087 Page 1 Revised 06/2022 Docusign Envelope ID: 9E4A18DB-1ABD-4052-A1C7-18CF45AE9A9A 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. 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 -rive (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. 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: Nan -Capital Proiects 1. A description of the project or program. A summary of actual costs of the project or program. An evaluation of the project or program. This should address aspects such as transportation and/or other benefits to the public. Ca ita�jects 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. AG N Sjb .d by STATE LF6� �V i A.Aih.SiAld. By: By: Title: Mayor Agency Date: August 8, 2024 Date: DOT Form 140-087 Revised 06/2022 Stephanie TaxDigitallysignedbyStephanie Tax Date: 2024,09.12 15:34:34-07'00' Director, Local Programs Page 2 Docusign Envelope ID: 9E4A18DB-1ABD-4052-A1C7-18CF45AE9A9A Exhibit A Project Summary HLP-PB23(015) Program: Pedestrian and Bicycle Program Date: May 2023 Agency: Port Orchard Project Title: Tremont Street Non -motorized Improvements, Phase 2 & 3 - Development/ Design Project Description: Community Engagement Events, Pedestrian/Bicyclist Counts, Conflict analysis, Planning/analyzing pedestrian/bicyclist networks, Level of Stress Analysis, Route Directness Analysis, Preliminary Right of Way Activities, Preliminary Environmental Analysis, 90% Preliminary Engineering, Preliminary Pedestrian/Bicyclist Safety Plan Analysis Detailed Project Description: 1) Design a solution that connects active travelers from central Port Orchard vicinity to downtown Port Orchard in the north portion of the city. Evaluate opportunities along the following corridors at a minimum: a. Along Port Orchard Blvd (between the intersection of Port Orchard Blvd with Bay St and the intersection of Port Orchard Blvd with Tremont St) b. Along Tremont St (from just west of intersection with Port Orchard Blvd with Tremont St and the SE Lund Ave bridge) c. Along Sidney Ave (between intersection of Lippert Dr W with Sidney Ave and Melcher St with Sidney Ave) 2) Conduct pedestrian and bicyclist counts 3) Collect conflict analysis data (example, analysis of video or other field observation data) 4) Conduct preliminary pedestrian/bicyclist safety plan analysis to support development of a Local Roads Safety Plan 5) Evaluate roadway and intersection level of traffic stress 6) Evaluate route directness between origins/destinations (including availability of crossings that create or mitigate active travel detours) 7) Evaluate pedestrian and bicyclist network (origin/destination analysis and links and nodes used to travel between them) in order to develop a network plan 8) Develop alternatives for community input. 9) Provide a minimum of 5 community engagement events: a. Include outreach to user groups, including but not limited to West Sound Cycling and the Local ADA chapter b. Target community neighborhoods adjacent to Tremont St for input before considering active transportation alternatives c. Host workshop(s) at one or more locations in the neighborhoods where the city is targeting outreach and where lower income residents can more easily access the event(s), (example suggested by city, Van Zee Park). 10) Conduct preliminary right of way evaluation for preferred alternative(s) 11) Conduct preliminary environmental analysis for preferred alternative(s) 12) Develop one or more designs for improvements meeting the primary need, with at least one design reaching 90% preliminary engineering. It is recommended that other improvement designs be developed to at least 30% to facilitate more competitive future construction grant applications. Page 1 of 2 Docusign Envelope ID: 9E4A181DBAABD-4052-A1C7-18CF45AHMA Project Schedule: Begin Project 01/24 Estimated Project Advertisement Date 10/23 Estimated Project Contract Award Date 01/24 Begin Community Outreach 04/24 Begin engineering/design 9/25 Design Complete (Design -only projects) 03/26 Project Cost and Award Amount: Phase Total Project Amount Requested Cost Amount Awarded Preliminary Engineering $732,000 $732,000 $732,000 Right -of -Way N/A N/A N/A Construction N/A N/A N/A Total $732,0001 $732,000 $732,000 If you agree to the project summary described above, please sign below and return to L h glom, Claybrooke or Brian Wood. Concurrence: I agree to the project summary described above. Approving Authority Name (Print): K. Chris Hammer, PE, PMP — City Engineer Approving Authority Signature: _�%rwr z V, d6"n"m4v Date: May 3, 2023 Page 2 of 2