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TULALIP/EVERETT MORTAR REPAIR AGREEMENT <br /> St C- )11" <br /> THIS MORTAR REPAIR AGREEMENT is made effective as of the O day of,4pr'4F,'2021 by and <br /> between the City of Everett("City"or"Everett")and the Tulalip Tribes of Washington ("Tulalip Tribes" <br /> or"Tribes")(collectively,the "Parties"). <br /> Recitals <br /> A. Pursuant to the Parties'Agreement for Settlement, Water Supply,and Water Delivery System <br /> Between the Tulalip Tribes of Washington,and the City of Everett dated 16 September 2005 <br /> ("2005 Settlement Agreement"),and other associated agreements,the City and the Tulalip <br /> Tribes established a joint board to fund,design and construct a water pipeline to deliver water <br /> from the City of Everett to the Tulalip Indian Reservation(the"Pipeline"). <br /> B. Pursuant to the previous agreements,the Tulalip Tribes thereafter entered into construction <br /> contracts with various contractors to build the Pipeline, including a contract with IMCO <br /> Construction dated November 28, 2012 for Segment 7S,Segment 4 and(by change order) <br /> Segment 1N(collectively,the"IMCO Contract"). The Pipeline was built in various segments <br /> ("Segments")and was substantially complete on February 22, 2017. Under the terms of the <br /> 2005 Settlement Agreement, Everett assumed ownership of Segments 1S, 1N,2, 3,4 and <br /> portion of Segment 5 south of the designated meter on Smith Island, and Tulalip Tribes assumed <br /> ownership of Segment 5 north of the designated meter on Smith Island and Segments 6,7 <br /> and 8. <br /> C. The Parties became aware that concrete mortar used to seal joints in the Pipeline had <br /> delaminated (the "Mortar Delamination"). The Parties investigated the extent of the Mortar <br /> Delamination, including with the completion of a survey by Associated Underwater Services <br /> which issued a report dated October 12,2020. All efforts by the Parties to investigate the <br /> extent, nature, location or cause of the Mortar Delamination are referred to herein as the <br /> "Investigation Efforts." <br /> D. Through consultation,the Parties determined that Segment 1N,a portion of Segment 3, <br /> Segment 4 and Segment 5 of the Pipeline required repairs to delaminated concrete mortar. <br /> (The Tulalip Tribes had previously completed repair work on mortar in Segments 6&7 and such <br /> repair work is outside the scope of this Agreement.) <br /> E. The Tulalip Tribes solicited and obtained a cost proposal from Reece Construction to perform <br /> the delamination repair work on Segment 1N,Segment 3 and Segment 4 ("Reece Proposal"). A <br /> true and correct copy of the Reece Proposal is attached hereto as Exhibit A. <br /> 1 <br /> • <br /> Page 518 of 1140 <br />