Loading...
HomeMy WebLinkAbout01-22-2026 Wenatchee Reclamation District Crossing Agreement _ 5th Street NEThad L. Duvall, Auditor, Douglas County, WA. AFN # 3280394 Recorded 01/30/2026 at 10:20:23AM, AGR Pages: 8 $310.50 CITY OF EASTWENATCHEE Return Address: Wenatchee Reclamation District 514 Easy Street Wenatchee, WA 98801 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 IDS: 222-012-300-16 THIS AGREEMENT is made this ^S day of \\^^y^k , 2026, betweenJ 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. CROSSING AGREEMENT (5th Street Northeast) Page 1 4J91862-WRD City of East Wenatchee - 5th St NE Crossing 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 (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 CROSSING AGREEMENT (5th Street Northeast) Page 2 4J91862-WRD City of East Wenatchee - 5th St NE Crossing 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 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 CROSSING AGREEMENT (5th Street Northeast) Page 3 4J91862-WRD City of East Wenatchee - 5th St NE Crossing 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 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. CROSSING AGREEMENT (5th Street Northeast) Page 4 4J91862-WRD City of East Wenatchee - 5th St NE Crossing 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 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 ^A^) ^2A-By^ Nam^^ \ ll<^ 6~'as\'Y\^V\ Title ^0<f«?3CrVr^, "CIT/" CITY OF EASTWENATCHEE A Washington Municipal Corporation ^AA^]/^.^0 ^LBy_ Naiy^ 1-P^Uft P.WA\A/ Title FEST"^^- <•Z^Y^ /^^ U)urfl l^t^Cterk of the Board Approved as to form: CROSSING AGREEMENT (5th Street Northeast) Page 5 4J91862-WRD City of East Wenatchee - 5th St NE Crossing 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Approved as to form: -> Robert Siderius Legal Counsel for City of East Wenatchee WSBA #15551 STATE OF WASHINGTON COUNTY OF CHELAN I CERTIFY that UAK\'<\ r-i. <^w\iA'.\^ ))ss.)I LUM ;r know or have satisfactory evidence that signed this instrument, on oath stated that he was Prized to execute the instrument and acknowledged it as the/\>s'f<=sCr\o <\-^-. 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 ^ni^s^iOyV^_, 2026. ^^^7^. ^ped/Printed Name -^).Y\e\<^0^'\^Y> NOTARY PUBLIC, State of Washington My Appointment Expires n^l ( i ^{ pfi^^ ^^£^./y°s'^'"\f^OTAR,^\ ^ P^BLtC / ^w^'.^&y STATE OF WASH^OQ,&^T )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 CROSSING AGREEMENT (5th Street Northeast) Page6 4J91862-WRD City of East Wenatchee - 5th St NE Crossing 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 EXHIBIT "A" Lai inIll III sl 11181 ©0 I !1§I (II s I gg1\-nl SiS I ii*gIS ili \< c^1 s! 1; II 11IS!ill Sl ^ IIill /li;8j // I! ^\/\ I M^,. ^ i*- Tr \ ^ \sl ^^1 >S PRINT (NOT FOR CONST! i5 ill Is I5 a ^Is Eli Ill Is!East Wenatchee - 5th Street Corridor EastWenatchee.WA II JHBCTEllII CROSSING AGREEMENT (5th Street Northeast) Page 7 4J91862-WRD City of East Wenatchee - 5th St NE Crossing 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 0 0 11111:1^ s '••(,^ ^V 1\ ^\1II I! ,r .7)^ .-1B II ^is IJI j! j'^wes£"W.TJNPT.2?J S3 s]f|'j!f|sil'^i \ IV EastWenatchee- |5th Street Corridor East Wenatchee. WA I i-@i-iia CROSSING AGREEMENT (5th Street Northeast) PageS 4J91862-WRD City of East Wenatchee - 5th St NE Crossing