HomeMy WebLinkAbout2023-19, Douglas County PUD ILA 19th ST NW & NW Cascade, Douglas CountyCity of East Wenatchee Resolution 2023-19 with Exhibit A
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City of East Wenatchee, Washington
Resolution No. 2023-19
A Resolution of the City of East Wenatchee, Washington authorizing
the Mayor to execute an Interlocal Agreement with Douglas County
PUD for the 19th Street NW & NW Cascade Ave Improvements 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 interlocal agreement that conforms to the terms 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.
1
Filed for and Return to:
Anna 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
Douglas County PUD for work associated the 19 th Street NW & NW Cascade Ave
Improvements Project
Grantor(s): City of East Wenatchee and Douglas County PUD
Grantee(s): City of East Wenatchee and Douglas County PUD
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, Douglas County,
and the Douglas County PUD for Work Associated with the 19th Street NW & NW Cascade
Ave Improvements Project
THIS INTERLOCAL COOPERATION AGREEMENT ("Agreement") is hereby entered into this
date by and between the DOUGLAS COUNTY PUBLIC UTILITY DISTRICT (the "District"),
the CITY OF EAST WENATCHEE (the "City") and DOUGLAS COUNTY (the “County”)
collectively referred to as the "Parties."
RECITALS:
1. The City and County are engaged in a road improvement project involving 19th Street NE &
NW Cascade Ave, East Wenatchee, Douglas County, Washington (the "Project"); and,
2. The City and County have executed a prior Interlocal Agreement filed under Auditors File
Number 3257105 outlining their respective roles and responsibilities on the above-
mentioned project, the terms of which are not affected by this agreement; and,
3. In order to continue providing District services to a portion of its service area, the District
desires to relocate overhead utilities to underground within the Project; and,
4. The City, County, and the District desire to cooperate in the relocation of utilities during the
construction of the Project;
NOW, THEREFORE, in consideration of the foregoing, the City , County and the District
agree as follows:
1. Purpose. The purpose of this Agreement is to provide for the relocation of District
services in the Project concurrent with other construction improvements.
2. Scope of Work. The City and County will coordinate design of the planned roadway
improvements with the Districts desired utility improvements. The City, County and District will
approve the final PS&E package prior to bidding. District costs shall be separated into a separate bid
schedule.
Exhibit A
City of East Wenatchee
Resolution 2023-19
2
3. District's Obligations. The District shall:
3.1 Provide design services for the District’s portion of the work and coordinate
with the City’s consulting engineer to incorporate the design into the Project’s
bid documents.
3.2 Review the engineering design on plan and profile sheets provided by the City's
consultant.
3.3 Review Special Provisions of the bid documents for the District’s facilities within
the Project, also to be furnished by the City's consultant.
3.4 Approve 100% Plans, Specifications and Estimate (PS & E) package for bid
advertisement.
3.5 Provide any additional field engineering, including survey control and
construction staking for the construction of the District’s improvements, except
for services that are provided for by the contractor in the contract.
3.6 Provide construction observation, material testing, and field-testing services, for
the construction of the District’s improvements.
3.7 Provide for reimbursement of any and all costs approved by the District and
incurred by the City associated with the construction of the District’s
improvements, including:
(a) Construction of all of the District’s related improvements,
(b) Processing of change orders requested by the District,
(c) Any design work required for District improvements.
3.8 Be responsible for its staff coordination with the City, County, and their
consultant.
4. City's Obligations. The City shall:
4.1 Incorporate the engineering design and specifications for the District’s
improvements in the City's roadway construction plans for the Project.
4.2 Administer the bidding and contract award for the Project, including:
(a) Preparing bid documents to require that costs associated with the
District’s portion of the Project be separately itemized in the bid
submittal;
(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;
Exhibit A
City of East Wenatchee
Resolution 2023-19
3
(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
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. 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, including Washington State
Sales Tax. 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.
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 related to this Agreement. All records, books, documents and other
materials maintained, prepared, or issued by the District in the implementation of this Agre ement
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 co nnection 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.
Exhibit A
City of East Wenatchee
Resolution 2023-19
4
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
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 ________________ , 2023.
DOUGLAS COUNTY PUBLIC
UTILITY DISTRICT
___________________________________
Gary Ivory, General Manager
Exhibit A
City of East Wenatchee
Resolution 2023-19
5
The City of East Wenatchee,
Washington
By ________________________
Jerrilea Crawford, Mayor
Attest:
___________________________
Laura Leon, City Clerk
Approved as to form only:
___________________________
Sean Lewis, Assistant City Attorney
Exhibit A
City of East Wenatchee
Resolution 2023-19
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BOARD OF COUNTY COMMISSIONERS
DOUGLAS COUNTY, WASHINGTON
Dan Sutton, Chair
Kyle Steinburg, Vice Chair
Marc Straub, Member
ATTEST:
Kala Lince, Clerk of the Board
Approved as to form:
Jim Mitchell, Civil Deputy Prosecuting Attorney
WSBA #31031
Exhibit A
City of East Wenatchee
Resolution 2023-19