HomeMy WebLinkAboutResolution 2026-05, 5th St NE WRD AgreementCity of East Wenatchee Resolution 2026-05 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. 2026-05
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 replacement of a box
culvert associated with the 5th Street NE 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 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 2026-05 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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Passed by the City Council of East Wenatchee, at a regular
meeting thereof on this 20th day of January, 2026.
The City of East Wenatchee,
Washington
By ________________________
Jerrilea Crawford, Mayor
Attest:
___________________________
Laura Leon, City Clerk
Approved as to form only:
___________________________
City Attorney
Filed with the City Clerk: 01-14-2026
Passed by the City Council: 01-20-2026
Effective Date: 01-20-2026
Jerrilea Crawford (Jan 30, 2026 09:53:05 PST)
Jerrilea Crawford
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CROSSING AGREEMENT
(5th Street Northeast)
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Return Address:
Wenatchee Reclamation District
514 Easy Street
Wenatchee, WA 98801
CROSSING AGREEMENT
(5th Street Northeast)
Grantors/Grantees: Wenatchee Reclamation District, a Washington irrigation district, and City
of East Wenatchee, a Washington municipal corporation
Legal Description (abbreviated): Ptn. of SW1/4 of NW1/4 and NW1/4 SW1/4 Sec. 12, T. 22 N,
R. 20 E.W.M., that crosses 5th Street NE., Douglas County, Washington.
Assessor's Tax Parcel ID#: 222-012-300-16
THIS AGREEMENT is made this _____ day of _____________, 2026, between
WENATCHEE RECLAMATION DISTRICT, a Washington irrigation district (“District”), and CITY
OF EAST WENATCHEE, a Washington municipal corporation (“City”). The City plans to proceed
with design and install of its 5th Street NE Safety and Multimodal Improvements Project (the
“Project”) consistent with those certain engineer stamped plans labelled East Wenatchee - 5th
Street Corridor dated December 5, 2025 (the “Plans”). The City will perform this construction,
including any associated installation, modification and demolition, in conformity with the Plans
and as reflected in the drawings attached as Exhibit “A” (the “Drawings”), including the profile
and structural details therein.
In consideration of the City’s reimbursing the District’s staff, engineer review costs, legal,
and other District costs incurred for this Agreement, 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. Work to be performed by City. At the City’s expense, the City, with its
contractors, will:
(a) Perform the work described in the Plans consistent with the Plans .
Exhibit A
City of East Wenatchee
Resolution 2026-05
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CROSSING AGREEMENT
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(b) Reconstruct and modify any part of the District’s canal, culverts,
maintenance road, irrigation water distribution boxes, irrigation
structures, and facilities impacted by the demolition and/or
construction, including as necessary to accommodate new grades,
if any.
(c) Replace and/or repair all irrigation water lines that are cut or
damaged by construction activities, if any.
(d) At the conclusion of the demolition and construction, restore and
clean the entire project site.
(e) Obtain prior written approval of the District to any amendments to
the Plans, which amendments shall be signed by a professional
engineer licensed in the state of Washington, before final approval
is issued by the District for such amended Plans.
All above identified work to be performed by the City or its contractors, including but not limited to
the demolition and construction set forth in the Plans, is collectively referred to herein as the
“Work.” All Work shall be as depicted in the Plans and drawings attached as Exhibit “A”. The
City shall bear sole responsibility for and pay all costs of engineering, surveying, construction,
and maintenance of the Work.
1.2 Specification. The City in performing the Work shall act in accordance
with good engineering and construction 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.
2. Submission of Plan. Prior to any activity related to the Work, when that activity
might potentially impact the District’s canal, culverts, maintenance road, irrigation water
distribution boxes, irrigation structures or District facilities or operations, the City shall submit to
the District plans for the same that are satisfactory to the District. Nothing in this Agreement or
otherwise 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.
3. As-Built Survey. On completion of the Work, the City shall, upon request,
provide to the District as-built drawings and a survey showing the location and configuration of
Exhibit A
City of East Wenatchee
Resolution 2026-05
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CROSSING AGREEMENT
(5th Street Northeast)
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the Work.
4. Work Standards. The City shall perform all engineering and all the Work in a
careful and workmanlike manner, so as not to damage or compromise the District’s canal,
culverts, maintenance road, irrigation structures, irrigation water distribution water boxes, or
related facilities. On completion of its activities related to the Work, and on completion of any
subsequent work performed by the City in the vicinity of facilities utilized by the District, the City
shall remove all debris from and restore the vicinity of the area of the Work and all related District
facilities to a condition satisfactory to the District.
5. 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 facilities and operations. No work, other
than normal roadway maintenance that will not adversely impact conveyance of water , shall take
place during the irrigation season, i.e., during the time that the District is utilizing its canal system
for the conveyance of water, except in case of an emergency. Normally, irrigation season
extends from approximately March 15 through October 15.
6. 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 out of, related to 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 the Work, the improvements resulting from the Work, and/or the
performance of the City 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
Exhibit A
City of East Wenatchee
Resolution 2026-05
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CROSSING AGREEMENT
(5th Street Northeast)
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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
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. The City acknowledges that by entering into this Agreement with
the District, it has mutually negotiated this indemnity provision with the District.
7. Insurance. During the time of any construction activities or other substantial
activities by the City or City’s contractor over or within the boundaries of or in the immediate
vicinity of the canal, access roads, culverts, irrigation structures, or related facilities of the District,
and prior to the commencement thereof, the City shall submit to the District certificates of
insurance of the City’s contractor, in a form acceptable to the District, evidencing that the City’s
contractor has commercial general liability insurance covering all operations by 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 effect 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
City of East Wenatchee
Resolution 2026-05
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CROSSING AGREEMENT
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Such insurance shall have no less than a One Million and No/100 Dollars ($1,000,000.00)
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.
8. Successors. The rights and obligations of the parties shall inure to the benefit of
and be binding upon their respective successors and assigns.
9. Entire Agreement. This Agreement constitutes the entire agreement between the
parties related to this work. 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
Name
Title
“CITY”
CITY OF EAST WENATCHEE
A Washington Municipal Corporation
By
Name
Title
ATTEST”
__________________, Clerk of the Board
Approved as to form:
Exhibit A
City of East Wenatchee
Resolution 2026-05
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CROSSING AGREEMENT
(5th Street Northeast)
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Approved as to form:
_______________________________________
Robert Siderius
Legal Counsel for City of East Wenatchee
WSBA #15551
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 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 , 2026.
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 Jerrilea Crawford signed this
instrument, on oath stated that he was authorized to execute the instrument and acknowledged it
as the Mayor of 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 , 2026.
Typed/Printed Name
NOTARY PUBLIC, State of Washington
My Appointment Expires
Exhibit A
City of East Wenatchee
Resolution 2026-05
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CROSSING AGREEMENT
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EXHIBIT “A”
Exhibit A
City of East Wenatchee
Resolution 2026-05
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CROSSING AGREEMENT
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Exhibit A
City of East Wenatchee
Resolution 2026-05
8. RRS signed Resolution 2026-05 5th St NE
WRD Agreement
Final Audit Report 2026-01-30
Created:2026-01-30
By:City Clerk (cityclerk@eastwenatcheewa.gov)
Status:Signed
Transaction ID:CBJCHBCAABAAfKjeWownBdcMeZJSMTQ62MSFv6TtjSQe
"8. RRS signed Resolution 2026-05 5th St NE WRD Agreemen
t" History
Document created by City Clerk (cityclerk@eastwenatcheewa.gov)
2026-01-30 - 5:32:51 PM GMT
Document emailed to Jerrilea Crawford (jcrawford@eastwenatcheewa.gov) for signature
2026-01-30 - 5:32:55 PM GMT
Email viewed by Jerrilea Crawford (jcrawford@eastwenatcheewa.gov)
2026-01-30 - 5:52:55 PM GMT
Document e-signed by Jerrilea Crawford (jcrawford@eastwenatcheewa.gov)
Signature Date: 2026-01-30 - 5:53:05 PM GMT - Time Source: server
Agreement completed.
2026-01-30 - 5:53:05 PM GMT