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HomeMy WebLinkAbout2021-07-20 - East Wenatchee Water District - Interlocal Agreements General - 2021-01Interlocal Cooperation Agreement City of East Wenatchee and East Wenatchee Water District for Utility Work and Pavement Overlay Project Page 2 of 4 3.1. Provide the District with the conceptual engineering design on plan and profile sheets provided by the City's consultant; and any special provisions for the overlay Project. 3.2. Assume all liability associated with City-provided information for the design and specifications for the overlay Project being included within the Project limit as described in Exhibits A and B. 3.3. As provided for in paragraph 8 of this Agreement, reimburse the District for all costs associated with the development of the overlay Project. 3.4. Be responsible for its engineers coordinating with the District and its consultant on all aspects of design and contract document preparation. 4. District's Obligations. The District shall: 4.1. Incorporate the engineering design and specifications of the City's roadway construction plans for the Project in the water main replacement project, as described in Exhibits A and B. 4.2. Administer the construction contract, including: 4.2.1. Scheduling the construction work; 4.2.2. Disbursement of payments to the roadway contractor; and 4.2.3. Administration of change orders. 4.3. Provide field engineering, including survey control and construction staking. 4.4. Provide all construction inspection, including contractor supervision and field laboratory services. 4.5. Be responsible for the administration, management and budget for this Project. 5. Reservation of Right to Inspect. The District agrees that the City reserves the right to inspect and approve all work done on the Project prior to the City being obligated to pay the District its costs for such work. 6. Change Orders. No change orders for the City’s portion of the Project shall be approved by the District without prior written authorization from the City. 7. Duration and Termination. This Agreement shall become effective upon the signing of the Agreement by both Parties and recording with the Douglas County Auditor. This Agreement will terminate upon the completion of the Project, and the final payment for the street overlay portion of the Project is received by the District from the City. 8. Cost. The costs associated with City’s Project is set out in the lowest responsible bid for the items listed as Schedule B on Exhibit B, including a pro rata amount of the engineering and mobilization costs ("Total Cost"). The City shall reimburse the District an amount equal to the Total Cost, subject to the terms of this Agreement, as adjusted for change orders as set forth herein. The estimated Interlocal Cooperation Agreement City of East Wenatchee and East Wenatchee Water District for Utility Work and Pavement Overlay Project Page 3 of 4 Total Cost is $182,675 plus an additional estimated cost for engineering of $21,000. The City shall make periodic progress payments to the District. Each progress payment, subject to the terms of this Agreement, and the final payment are due within 30 days of the date the payment request is mailed by the District to the City. The City must receive the payment requests by the 10th day of each month in order to meet the 30-day requirement. 9. Records. The District shall keep and maintain accurate and complete cost records pertaining to the Project and this Agreement. The City 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. 10. 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 domestic water line portion of the Project. 11. 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. 12. Disputes. If a dispute arises under this Agreement, authorized representatives of each party shall meet and negotiate in good faith to attempt to resolve the dispute. A dispute arising out of this Agreement that is not resolved by good- faith negotiation shall be resolved by private arbitration. As part of the arbitration award, the substantially prevailing party shall be entitled, in addition to other relief, to such reasonable attorneys' fees and costs as determined by the arbitrator. 13. 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. 14. 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 N Baker AveSunset HwyEastmont AveSR 283rd St NE 5th St NE 8th St NE Grant Rd 19th St NE 4th St SE 10th St NE 15th St NE 9th S t N E Highline Dr N Kentucky Ave3rd St SE S Kentucky AveSR 285 .City of East Wenatchee 2021Residential Overlay Program Legend Roads City Limits Paving Limits 0 0.5 10.25 Miles This map is intended for general purposes only. The City of East Wenatchee makes no representation as to the accuracy or current condition of the data shown on this mapMap Created 5/19/2021 Exhibit B