2024-08-26-minutes-public-works-and-cds-study-session

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1. Review and provide feedback on 90% drawings for the floodplain project. 2. Construct the floodplain project, following the design specifications and environmental permit conditions, under the direction of the District. 3. Contribute 50 percent of the funding to cover necessary plant maintenance for a 3-year period. B. The DISTRICT will: 1. Submit a Hydraulic Project Approval project application to the Washington Department of Fish and Wildlife for the Ellensburg Water Company Siphon project, and in that permit application request to keep the flow restrictor plate in place until the Ellensburg Water Company Siphon project has been granted substantial completion. 2. Remove the flow restrictor plate upon the completion of the Ellensburg Water Company Siphon project 3. Design the floodplain project. 4. Obtain any necessary temporary construction easements to construct the floodplain proj ect. 5: Obtain required state and local permits to construct the floodplain project. 6. Provide and deliver necessary plant material and large woody material for the'floodplain proj ect. 7. Oversee DRH crews construction crews for the purposes of ensuring the project is constructed to design standards and meets permit requirements. 8. Hold a contract for necessary plant maintenance activities and contribute 50 percent of the required funding. IV. PROVISOS A. Nothing in this MOA is intended to create any rights in any party not a party to this MOA nor third -party beneficiaries. B. Nothing in this MOA creates a resource obligation outside that stated within the agreement. C. This is not an exclusive agreement, and both parties reserve the right to compensate additional professional service providers. D. Indemnification/Hold Harmless. Kittitas County and DRH agree to hold each other and theirs officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees arising out of or resulting from the acts, errors or omissions of the parties in the reasonable performance of their duties under this Agreement, except for those injuries and damages that are caused or are attributable to the negligence of the agency. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of Kittitas County and DRH and their officers, officials, employees and volunteers, the parties liability, including the duty and cost to defend shall be only to the extent of the responsible parties negligence. The provisions of this section shall survive the expiration or termination of this Agreement.