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HomeMy WebLinkAboutResolution 2024-39, Ped Bridge ILACity of East Wenatchee Resolution 2024-39 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. 2024-39 A Resolution of the City of East Wenatchee, Washington authorizing the Mayor to execute an Interlocal Agreement between the City of East Wenatchee and the City of Wenatchee for the Construction of a bike and pedestrian bridge in East Wenatchee. 1. Alternate format. 1.1. Para leer este documento en otro formato (español, Braille, leer en voz alta, etc.), póngase en contacto con 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 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. City of East Wenatchee Resolution 2024-39 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 Passed by the City Council of East Wenatchee, at a regular meeting thereof on this day of , 2024. The City of East Wenatchee, Washington By ________________________ Jerrilea Crawford, Mayor Attest: ___________________________ Anna Laura Leon, City Clerk Approved as to form only: ___________________________ City Attorney Filed with the City Clerk: Passed by the City Council: Effective Date: Interlocal Agreement re New Bridge Page 1 of 7 Return Address: City of Wenatchee Public Works Department 301 Yakima Street Wenatchee, WA 98801 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 the warranty contained in the document itself. Prior instruments: Document Title: INTERLOCAL AGREEMENT FOR CONSTRUCTION OF BRIDGE Grantor (s): CITY OF EAST WENATCHEE Grantee(s): CITY OF WENATCHEE Legal Description: N/A N/A Filed with the Auditor pursuant to RCW 39.34.040 INTERLOCAL AGREEMENT BETWEEN CITY OF EAST WENATCHEE AND CITY OF WENATCHEE This Agreement is entered into between City of East Wenatchee, a municipal corporation of the State of Washington ) and the City of Wenatchee, a municipal corporation of the State of Washington ( . WHEREAS, this Agreement is made and entered into pursuant to the Interlocal Cooperation Act, Chapter 39.34 RCW; and WHEREAS, Wenatchee, with the help of other jurisdictions including East Wenatchee, was successful in obtaining a federal Nationally Significant Multimodal Freight & Highway Interlocal Agreement re New Bridge Page 2 of 7 Projects Infrastructure for Rebuilding America (INFRA) grant award for the Apple Capital Loop; and WHEREAS, a new shared- was included in the South End Bike/Pedestrian Access Bridge project as a part of the Apple Capital Loop project; and WHEREAS, Wenatchee is leading the design and construction effort for the New Bridge; and WHEREAS, the New Bridge will start on East Wenatchee property along the loop trail, th Street Park; and WHEREAS, the New Bridge will consist of a pavement and concrete ramp on the Columbia River side of SR 28, two prefabricated steel trusses over SR 28, and a landing in the East Wenatchee 9 th Street Park; and WHEREAS, the New Bridge project construction is expected to begin in Spring 2025 and continue through Fall 2026; and WHEREAS, Wenatchee needs authorization from East Wenatchee giving it the right to construct the New Bridge on property; and WHEREAS, Wenatchee has separately contracted with Exceltech Consulting, Inc. to design the New Bridge; and WHEREAS, there are significant benefits for East Wenatchee, Wenatchee and members of the public provided by the appropriate design, construction and installation of the New Bridge on the East Wenatchee location; and WHEREAS, East Wenatchee and Wenatchee are interested in cooperating to facilitate the design, construction, and installation of the New Bridge to serve the mutual interests of East Wenatchee and Wenatchee. Now, therefore, in consideration for the mutual covenants set forth herein, it is agreed between East Wenatchee and Wenatchee as follows: 1. RECITALS:The foregoing recitals are incorporated herein and made a part hereof as though fully set forth. 2. DESIGN AND DESIGN APPROVAL: Design of the New Bridge will be completed by Wenatchee. Wenatchee will submit to East Wenatchee proposed plans and specifications for the New Bridge to East Wenatchee for review and approval prior to commencement of construction. Approval shall not be unreasonably withheld and the review and approval process shall be completed Interlocal Agreement re New Bridge Page 3 of 7 within 30 days. If not completed within 30 days, the plans and specifications proposed by Wenatchee shall be deemed approved. 3. RIGHTS OF WAY: Except for perpetual aerial easements s to be obtained and , East Wenatchee has perpetual legal right of way for all required work and improvements necessary for construction and future use of the New Bridge across its lands, roads and parks. With respect to the aerial easements, Wenatchee will acquire the aerial easements on behalf of and in the name of East Wenatchee. East Wenatchee grants Wenatchee permission to enter upon, over, under and across its property, future aerial easements and right of way for all things necessary to the completion of the New Bridge project, including, but not limited to, the right to do all necessary inspections, surveys, staging of equipment and materials, and the right to construct the New Bridge. 4. CONSTRUCTION: Wenatchee shall solicit and obtain a contractor for the construction of the New Bridge. Wenatchee shall administer the construction contract including, but not limited to, scheduling the construction work, paying the contractor, administering change orders, performing materials testing activities, and following up with any punch list and warranty items. East Wenatchee shall review and approve change order requests in a reasonable time period, review the work from time to time as it deems prudent and necessary and provide input on design and construction issues if they arise, and promptly review the work performed on the New Bridge when substantially complete and provide any punch list items required to be completed prior to final acceptance of the New Bridge. 5. FUNDING: sole cost pursuant to its funding for the South End Bicycle/Pedestrian Access Bridge project. 6. OWNERSHIP: Upon completion of the New Bridge, provision of as-built record drawings, and final approval of construction by the Parties, ownership of the New Bridge shall be transferred to East Wenatchee by Wenatchee by Bill of Sale for no consideration other than that set forth herein. 7. PARTIES:There are no additional parties intended to be benefited under this Agreement. 8. INTEGRATION:There are no other agreements or representations, written or oral, concerning the subject matter of this Agreement. This Agreement supersedes all previous communications, representations or agreements either oral or written, between the Parties. 9. VENUE:This Agreement shall be governed for all purposes by the law of the State of Washington. The venue for any action arising under this Agreement shall be Grant County Superior Court, except as set forth in section 24 herein relating to dispute resolution. Interlocal Agreement re New Bridge Page 4 of 7 10. MUTUAL COOPERATION:The Parties agree to perform any further acts and to execute and deliver any further documents as may be reasonably necessary to fully effectuate the provisions of this Agreement. 11. FORECE MAJEURE:Neither Party shall be liable nor deemed to be in default for any delay or failure in performance under the Agreement or other interruption of service or employment resulting, directly or indirectly, from acts of God, civil or military authority, acts of public enemy, terrorism, bomb threats, computer virus, epidemic, power outage, acts of war, accidents, fires, explosions, earthquakes, floods, failure of transportation, machinery, or supplies, vandalism, strikes or other work interruptions by the employees, agents or contractors of any Party, or any other cause beyond the reasonable control of the Party affected thereby. However, each Party shall utilize its best good faith efforts to perform under this Agreement in the event of any such occurrence or circumstance. 12.ENFORCEABILITY: This Agreement will be enforced to the fullest extent permitted by applicable law. If any term or provision of this Agreement is held to be invalid, illegal, or unenforceable by a court or other governmental authority of competent jurisdiction, such as invalidity, illegality or unenforceability shall not affect any other terms or provisions of this Agreement, which shall remain in full force and affect. 13.DURATION:This Agreement shall take effect upon execution of the Agreement by both East Wenatchee and Wenatchee.This Agreement will remain in effect until all obligations established in this Agreement are completed and terminate upon the final approval of the New Bridge by both Parties. 14.NO LEGAL/ADMINISTRATIVE ENTITY CREATED:No separate legal or administrative entity is created by or pursuant to this Agreement. 15. INDEMNIFICATION/DEFENSE/HOLD HARMLESS:Wenatchee will protect, defend, indemnify, and save harmless East Wenatchee, its officers, employees, and agents from any and all costs, claims, judgments, or awards of damages arising out of or in any way resulting from the actions of Wenatchee related to the performance of this Agreement by Wenatchee, except for costs, claims, judgments, and awards of damage for injuries or damages arising out of or in any way resulting from negligent acts or omissions of East Wenatchee. East Wenatchee will protect, defend, indemnify, and save harmless Wenatchee, its officers, employees, and agents from any and all costs, claims, judgments, or awards of damages arising out of or in any way resulting from the actions of East Wenatchee related to the performance of this Agreement by East Wenatchee, except for costs, claims, judgments, and awards of damage for injuries or damages arising out of or in any way resulting from negligent acts or omissions of Wenatchee. 16. NO ASSIGNMENT:The Parties shall not assign this Agreement or any interest, obligation or duty herein without the express written consent of the other Party. Interlocal Agreement re New Bridge Page 5 of 7 17. NOTICES:All notices hereunder shall be sent or delivered to the following respective addresses: M City of East Wenatchee 271 9th Street NE East Wenatchee, WA 98802 509-884-9515 Public Works Director City of Wenatchee 301 Yakima Street Wenatchee, WA 98801 509-888-3200 or to such other respective addresses as either Party may hereafter designate in writing. All notices and payments mailed by regular post (including first class) shall be deemed to be given on the fifth business day following the date of mailing. Notices and payments sent by certified or registered mail shall be deemed to have been given on the fifth business day following the date of mailing. For all types of mail, the postmark affixed by the United States Postal Service shall be conclusive evidence of the date of mailing. 18. AUTHORITY:Both Parties represent that by appropriate action by their respective governing bodies, they are authorized to enter into this Agreement and have financial approval for payments specified herein. 19. NON-DISCRIMINATION POLICY:East Wenatchee and Wenatchee shall not discriminate in the performance of this Agreement based on race, color, national origin, sex, sexual orientation, age, religion, creed, marital status, military or veteran status, the presence of any physical, mental or sensory disability, or any other status protected by law. 20. EMPLOYEE STATUS: Employees of East Wenatchee are and will remain employees of the East Wenatchee. Employees of Wenatchee are and will remain City of Wenatchee employees. 21. AMENDMENT: East Wenatchee and Wenatchee may mutually amend this Agreement. Such amendments shall not be binding unless the amendments are in writing and are signed by personnel authorized to bind East Wenatchee and Wenatchee. 22. TERMINATION: Either Party may terminate this Agreement by giving the other be terminated at any time by mutual agreement, in writing, between the Parties. If a Party determines it necessary to terminate the project construction for any reason, Interlocal Agreement re New Bridge Page 6 of 7 and due to no fault of the other Party, then the terminating Party shall be liable for the costs incurred or obligated on the project which cannot be avoided. 23. PROPERTY/EQUIPMENT/AND MAINTENANCE: Upon termination of this Agreement, all property purchased by East Wenatchee in furtherance of this Agreement shall remain property of East Wenatchee and all property purchased by Wenatchee shall remain property of Wenatchee. All property shall be returned to its owner upon termination of this Agreement. 24. DISPUTE RESOLUTION: In the eventthat a dispute arises under this agreement which cannot be resolved through negotiation between themselves, the Parties agree to enter into non-binding formal mediation. In the event mediation is not successful, then the dispute shall be resolved through litigation in a court of competent jurisdiction. 25. FILING: After approval and execution by the Parties, this Agreement shall be listed on the official website of each Party. 26. EFFECTIVE DATE:This Agreement will take effect when executed by the Parties and listed on the official website of each Party. Dated this ________ day of __________________, 2024. CITY OF WENATCHEE By MIKE POIRIER, Mayor ATTEST: TAMMY STANGER, City Clerk Interlocal Agreement re New Bridge Page 7 of 7 Dated this ________ day of __________________, 2024. CITY OF EAST WENATCHEE By JERRILEA CRAWFORD, Mayor ATTEST: LAURA LEON, Clerk of the Board Exhibit B Exhibit B Exhibit B Exhibit B Exhibit B Exhibit B Exhibit B