HomeMy WebLinkAboutResolution 2025-42, EWWD ILA for Valley Mall Parkway Overlay ProjectCity of East Wenatchee Resolution 2025-42 with Exhibit A
Retain Resolution until no longer needed for City -business, then transfer to Washington State
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Page 1 of 2
City of East Wenatchee, Washington
Resolution No. 2025-42
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 East Wenatchee Water District for utility work on
the Valley Mall Parkway Overlay project.
1.Alternate format.
1.1. Para leer este documento en otro formato (español, Braille,
leer en voz alta, etc.), póngase en contacto con la administradora municipal 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 2025-42
Exhibit A
City of East Wenatchee
Resolution 2025-42
Passed by the City^Council of East Wenatchee, at a regular meeting
thereof on this 17rK day of ^CJTO^r 2025.
The City of East Wenatchee,
Washington
By Sl^^^JL ^ . I
J^rrilca Crawfocd-, Mayor
Attest:
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v
^^^-
nna Laura Lean, City Clerk
Approved as to form only:
City Attorney
Filed with the City Clerk:
Passed by the City Council:
Effective Date:
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City of East Wenatchee Resolution 2025-42 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
1
Filed for and Return to:
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 East
Wenatchee Water District for Utility Work, and Roadway improvements associated
with the East Wenatchee Valley Mall Parkway Overlay Project (2025-01)
Grantor(s): City of East Wenatchee and East Wenatchee Water District
Grantee(s): City of East Wenatchee and East Wenatchee Water District
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 and the East
Wenatchee Water District for Utility Work, and Roadway Improvements Associated with the
East Wenatchee Valley Mall Parkway Overlay Project (2025-01)
THIS INTERLOCAL COOPERATION AGREEMENT ("Agreement") is hereby entered into this
date by and between EAST WENATCHEE WATER DISTRICT (the "District"), and the CITY
OF EAST WENATCHEE (the "City"), collectively referred to as the "Parties."
RECITALS:
1.The City is engaged in a road improvement project involving Valley Mall Parkway, East
Wenatchee, Douglas County, Washington (the "Project"); and,
2.In order to continue providing water service to a portion of its service area, the District
desires to replace service connections and water meters within the Project; and,
3.The City and the District desire to cooperate in the replacement and adjustment of utilities
during the construction of the Project;
NOW, THEREFORE, in consideration of the foregoing, the City and the District agree as
follows:
1. Purpose. The purpose of this Agreement is to provide for the construction of the water
services in the Project concurrent with other construction improvements.
2. Scope of Work. A cost estimate containing a preliminary list of construction bid items
associated with the Water District work is set forth in Exhibit A. The estimate contains approximate
contributions from the EWWD, but the final contribution amount will be based on final contract
costs.
3. District's Obligations. The District shall:
Exhibit A
City of East Wenatchee
Resolution 2025-42
2
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)All District work described in approved PS&E package. Associated
costs are described in Exhibit A
3.8 Be responsible for its staff coordination with the City and its 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;
(b)Scheduling the construction work with the contractor;
(c)Disbursement of payments to the roadway contractor; and
Exhibit A
City of East Wenatchee
Resolution 2025-42
3
(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 in 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. As set forth in Exhibit A, 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 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.
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 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 District’s portion of the Project.
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
Exhibit A
City of East Wenatchee
Resolution 2025-42
4
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 ________________ , 2025.
EAST WENATCHEE WATER DISTRICT CITY OF EAST WENATCHEE
___________________________________ _____________________________
Vince Johnston, Manager Jerrilea Crawford, Mayor
Attest:
______________________________
Laura Leon, City Clerk
Exhibit A
City of East Wenatchee
Resolution 2025-42
5
EXHIBIT A – Cost Estimate
Exhibit A
City of East Wenatchee
Resolution 2025-42