HomeMy WebLinkAboutResolutions - 2021-22 - Authorizing an agreement between the City of East Wenatchee and the Wenatchee Reclamation District for utility work associated with the 9th Street NE and Valley Mall Parkway signal project, Proj No 2019-07 - 9/21/2021City of East Wenatchee Resolution 2021-22 with Exhibit A
Retain Resolution until no longer needed for City-business, then transfer to Washington State
Archives (GS50-05A-16 Rev. 1)
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City of East Wenatchee, Washington
Resolution No. 2021-22
A Resolution of the City of East Wenatchee, Washington authorizing
the Mayor to execute an Agreement Between the City of East
Wenatchee and the Wenatchee Reclamation District for Utility work
associated with the 9th Street NE and Valley Mall Parkway Signal
Project.
1. Alternate format.
1.1. Para leer este documento en otro formato (español, Braille,
leer en voz alta, etc.), póngase en contacto con el vendedor de la
ciudad 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@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 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. Publication. The City Council directs the City Clerk to publish a
copy of the Interlocal Agreement on the City’s website once it is
signed by all parties.
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AGREEMENT – CITY OF EAST WENATCHEE
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Agreement City of East Wenatchee
Return Address:
Wenatchee Reclamation District
514 Easy Street
Wenatchee, WA 98801
AGREEMENT – CITY OF EAST WENATCHEE
Grantors/Grantees: Wenatchee Reclamation District, a Washington irrigation district, and City
of East Wenatchee, a Washington municipal corporation
Legal Description (abbreviated): Ptn. East Wenatchee Land Company’s Plat of Sec. 11 and
Ptn. Sec. 2, T. 22 N., R. 20, E.W.M., Douglas County, Washington.
Additional legal on page 1.
Assessor's Tax Parcel ID#: N/A
THIS AGREEMENT is made this _____ day of __________________, 2021,
between WENATCHEE RECLAMATION DISTRICT, a Washington irrigation district (the
“District”), and the CITY OF EAST WENATCHEE, a Washington municipal corporation (“City”).
The City plans to install three, 3- inch signal conduits (with no carrier pipes) and an 8 inch
corrugated polyethylene storm water pipe across the District’s 42-46 inch main irrigation water
line where the District’s main irrigation water line is located within 9th Street, East Wenatchee,
Washington, adjacent to the Southwest corner of Lot 10, East Wenatchee Land Company’s Plat
of Section 11 and Part of Section 2, Township 22 North, Range 20, E.W.M., according to the plat
thereof recorded in Volume A of Plats, Page 196, records of Douglas County, Washington, all in
the manner depicted in and in strict compliance with Exhibit “1” attached. Each crossing shall be
installed so that it passes no less than 24 inches above the top of the District’s main irrigation
line. When compacting in the vicinity of the District’s main irrigation water line, all compaction
shall be performed using no more than a hand operated compactor. All the above described is
collectively referred to herein as the “Work”.
Exhibit A to Resolution 2021-22
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AGREEMENT – CITY OF EAST WENATCHEE
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Agreement City of East Wenatchee
In consideration of the City’s reimbursing the District’s staff, legal and engineer’s
review costs, and in consideration of the performance by the City and its successors and assigns
of all covenants, terms, and conditions contained in this Agreement, the parties agree as follows:
1. Cost of Engineering, Surveying, Construction, and Maintenance. The City
shall bear sole responsibility for and shall pay all costs of designing, constructing, installing,
maintaining, repairing, or removing the Work, including the cost of engineering and surveying.
2. Specification. In designing, constructing, installing, maintaining, repairing,
or removing the Work, the City shall act in accordance with good engineering practice and shall
comply with all applicable codes, regulations, and standards, District requirements, and all
applicable statutes, orders, rules and regulations of any public authority having jurisdiction.
3. Submission of Plan. Prior to any installing, maintaining, repairing, or
removing any part of the Work, when that activity might potentially impact the District’s pipeline,
related facilities, or operations, the City shall submit to the District plans for the same that are
satisfactory to the District. Nothing in this Agreement shall be deemed to impose any duty or
obligation on the District to determine the adequacy or sufficiency of plans and designs of the City
or to ascertain if the City’s construction conforms with the plans and specifications that the City
submits.
4. As-Built Survey. On the District’s request, the City shall promptly provide
the District with as-built drawings and with a survey showing the location and configuration of the
Work.
5. Work Standards. The City shall perform all the Work in a careful and
workmanlike manner so as not to damage or compromise the District’s pipeline or related
facilities and so as not to interfere with or obstruct the flow of water in the District’s system. On
completion of its activities related to the Work, and on completion of any subsequent work
performed by the City or its contractors in the vicinity of the District’s pipeline or related facilities,
Exhibit A to Resolution 2021-22
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AGREEMENT – CITY OF EAST WENATCHEE
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Agreement City of East Wenatchee
the City shall remove all debris and restore the area surrounding the District’s pipeline and related
facilities to the condition in which they were prior to the commencement of its activities. Such
restoration shall be to the District’s satisfaction.
6. Use and Activity. The City shall exercise its rights so as to avoid
interference with and so as not to obstruct or endanger the District’s pipeline or related facilities
and operations. Without the prior express written authorization of the District, no work shall take
place during the irrigation season, i.e., during the time that the District is utilizing its pipeline for
the conveyance of water, except in case of an emergency. Normally, irrigation season extends
from March 15 through October 15.
7. Indemnity. To the fullest extent permitted by law, the City specifically and
expressly agrees to defend, indemnify and hold harmless the District, its directors, officers, and
employees from and against all suits, actions, proceedings, claims, demands, judgments,
damages, penalties, fines, and expenses (including, but not limited to reasonable attorney fees),
whether arising before or after completion of its activity arising out of or due to:
(a) Any act, omission, fault, or negligence of the City, its contractors or
subcontractors in connection with or incident to the Work or its activities related to the Work;
(b) Any injury to or death of any person or persons (including any
employees(s) of contractors or subcontractors) or damage to any property or environment in
connection with or incident to performance of its activities;
(c) Any failure of the City, its contractors or subcontractors to comply
with all applicable laws, ordinances, rules, regulations, orders, licenses, permits or other
requirements of any third party governmental authority.
Despite the preceding paragraph, the City’s obligation to indemnify the District
against suits, actions, proceedings, claims, demands, judgments, damages, penalties, fines and
expenses arising from bodily injury to person(s) or damage to property caused by or resulting
Exhibit A to Resolution 2021-22
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AGREEMENT – CITY OF EAST WENATCHEE
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Agreement City of East Wenatchee
from the concurrent negligence of the City, its agents, contractors, subcontractors, or employees,
and the District, in situations constituting construction, alteration, repair, addition to, subtraction
from, improvement to or maintenance of any road, excavation or other structure, project,
development or improvement attached to real estate, including moving and demolition in
connection therewith, shall be valid and enforceable only to the extent of the negligence of the
City, its contractors, subcontractors, agents, and employees. Furthermore, in the situations
described in this paragraph, the City shall not be obligated to indemnify the District for the sole
negligence of the District. As to claims for indemnity by the District only, the City
specifically and expressly waives immunity under industrial insurance RCW 51, and
acknowledges that this waiver was mutually negotiated. The City acknowledges that by
entering into this Agreement with the District, it has mutually negotiated this indemnity
provision with the District.
8. Insurance. During the time of any construction activities or other substantial
activities by the City or any of the City’s contractors within the boundaries of or in the immediate
vicinity of the canal, maintenance road or related facilities, and prior to the commencement
thereof, the City shall submit to the District a certificate of insurance of the City’s contractors, in a
form acceptable to the District, evidencing that the contractors have commercial general liability
insurance covering all operations by it or on behalf of the City on an occurrence basis, against
claims for personal injury (including bodily injury and death) and property damage (including loss
of use). Such insurance shall provide coverage for:
(a) Premises and operations;
(b) Products and completed operations (which shall remain in affect for
a period of at least two (2) years following the completion date);
(c) Contractual liability; and
(d) Broad form property damage, including completed operations.
Exhibit A to Resolution 2021-22
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AGREEMENT – CITY OF EAST WENATCHEE
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Agreement City of East Wenatchee
Such insurance shall have no less than a Two Million and No/100 Dollars
($2,000,000.00) minimum limit per occurrence for bodily injury, personal injury, and property
damage combined, provided that policy aggregates, if any, shall apply separately to claims
occurring with respect to the City’s Contractors’ activities. Property insurance shall be on an “All
Risk” policy form. All insurance policies shall provide for waiver of subrogation in favor of the
District and shall provide that the insurance shall be primary and not excess to or contributing
with any insurance or self-insurance maintained by the District, and it shall name the District, its
directors, officers, and employees as additional insureds.
9. Successors. The rights and obligations of the parties shall inure to the
benefit of and be binding upon their respective successors and assigns.
10. Attorney Fees. The substantially prevailing party in any legal action arising
out of or related to this Agreement shall be entitled to recover all costs of suit, including but not
limited to, reasonable attorney fees.
11. Entire Agreement. This Agreement constitutes the entire agreement
between the parties related to this canal crossing. Any understandings or representations of any
kind preceding the date of this Agreement shall not be binding on any party except to the extent
incorporated herein.
EXECUTED as of the date above stated.
“DISTRICT”
WENATCHEE RECLAMATION DISTRICT
A Washington Irrigation District
By
Printed Name
Title
Exhibit A to Resolution 2021-22
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AGREEMENT – CITY OF EAST WENATCHEE
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Agreement City of East Wenatchee
“CITY”
CITY OF EAST WENATCHEE
A Washington Municipal Corporation
By
Printed Name
Title
STATE OF WASHINGTON )
) ss.
COUNTY OF CHELAN )
I CERTIFY that I know or have satisfactory evidence that __________________
_____________________________ signed this instrument, on oath stated that he/she was
authorized to execute the instrument and acknowledged it as the _____________________ of
WENATCHEE RECLAMATION DISTRICT, a Washington irrigation district, to be the free and
voluntary act of such party for the uses and purposes mentioned in the instrument.
DATED this day of , 2021.
Typed/Printed Name
NOTARY PUBLIC, State of Washington
My Appointment Expires
STATE OF WASHINGTON )
) ss.
COUNTY OF ______________ )
I CERTIFY that I know or have satisfactory evidence that ___________________
___________________________ signed this instrument, on oath stated that he/she was
authorized to execute the instrument and acknowledged it as the _________________________
of the CITY OF EAST WENATCHEE, a Washington municipal corporation, to be the free and
voluntary act of such party for the uses and purposes mentioned in the instrument.
DATED this day of , 2021.
Typed/Printed Name
NOTARY PUBLIC, State of Washington
My Appointment Expires
Exhibit A to Resolution 2021-22
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AGREEMENT – CITY OF EAST WENATCHEE
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Agreement City of East Wenatchee
EXHIBIT “1”
Exhibit A to Resolution 2021-22