HomeMy WebLinkAboutPW11-116 - Original - Drainage District No. 1 of King County - Kent South 228th Street Improvements - 05/19/2011 Interlocal Agreement Regarding
Kent South 2281h Street Improvements
(between the City of Kent and Drainage District No 1 of King County)
THIS INTERLOCAL AGREEMENT ("Agreement") is entered into between the CITY
OF KENT, a Washington municipal corporation ("Kent") and DRAINAGE DISTRICT NO 1
OF KING COUNTY, a Washington municipal corporation, located and doing business at 19414
84`h Avenue S., Kent, WA 98032 ("District").
Recitals
A. Kent and District are public agencies as defined by Ch 39.34 of the Revised Code
of Washington, and are authorized to enter into interlocal agreements on the basis of mutual
advantage and thereby to provide services and facilities in the manner and pursuant to forms of
governmental organization that will accord best with geographic, economic, population, and
other factors influencing the needs and development of local communities
B. Kent is undertaking a project known as South 228 h Street Improvements
(hereafter "Project"), which is expected to occur in 2011-12 with an estimated construction cost
of approximately $6 Million to Kent
C. The District's purpose is to ensure the flows of drainage waters in its jurisdiction.
Kent's Project includes the installation of roughly 3200 lineal feet of 72-inch diameter storm
drain pipe along S 228`h Street, which will capture peak flows during storm events from the
District's right of way near S 228`h Street, and redirect these peak flows away from 76`h Ave S
and into a ditch along 64`h Ave S on the west end of the project. The District expects to benefit
due to an increase in water conveyance ability. Accordingly, because of the benefits to be
received by the District, the District desires to contribute toward Kent's costs to complete the
Project.
NOW THEREFORE, in consideration of the terms and provisions contained herein, it is
agreed between Kent and District as follows:
Agreement
1. Purpose It is the purpose of this Agreement to outline the terms under which the
District will contribute the sum of FIFTY THOUSAND DOLLARS ($50,000) toward the cost of
Kent's Project.
2 Duration. This Agreement shall become effective on the last date it is ratified by
the legislative bodies of Kent and the District Unless terminated by either party in accordance
with section 7 below, this Agreement shall remain in full force and effect until the completion of
the Improvement Project, which Is anticipated to be no later than December 31, 2012.
3. Adrmnistration of Agreement. Kent and the District shall each appoint a
representative who shall be authorized to administer this Agreement on their behalf
INTERLOCAL AGREEMENT REGARDING
SOUTH 228TH STREET IMPROVEMFNTS- I of 4
(btwn Kent and Drainage Dist No I of King County)
4. Contribution to Kent. In consideration of this Agreement, the Project undertaken
by Kent, and the benefits that the Project will confer upon the District, the District agrees to
contribute the sum of FIFTY THOUSAND DOLLARS ($50,000) to Kent This sum shall be
remitted by the District to Kent by June 30, 2011, or by such other date as may be mutually
agreed upon by the parties' appointed administrators
5. Failure to Perform the Protect - Return of Contribution As a condition of the
District's contribution toward the cost of the Project. In the event Kent does not execute the
Project in the District's right of way, the District reserves the right to demand repayment of the
full contribution. If such demand is made upon City, then City shall promptly return the full sum
previously contributed by the District.
6. Entry upon Land Kent's contractor for the Project has been provided sufficient
access to District property by previous negotiation. That access and the terms of those
negotiations do not form a part of this Agreement
7. Termination by Mutual Written Agreement. This Agreement may be terminated at
any time by mutual written agreement of the parties.
8. Indemnification and Hold Harmless. Kent shall defend, indemnify and hold
District, its officers, officials, employees, agents and volunteers harmless from any and all
claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out
of or in connection with Kent's performance of this Agreement and its Project, except for that
portion of the injuries and damages caused by District's negligence, if any
The provisions of this section shall survive the expiration or termination of this
Agreement.
9. Miscellaneous.
9.1 Amendments This Agreement may only be amended by mutual written
agreement of Kent and District.
9.2 Non-Waiver of Breach The failure of the City to insist upon strict
performance of any of the covenants and agreements contained in this Agreement, or to exercise
any option conferred by this Agreement in one or more instances shall not be construed to be a
waiver or relinquishment of those covenants, agreements or options, and the same shall be and
remain in full force and effect.
9.3 Resolution of Disputes and Governing Law. This Agreement shall be
governed by and construed in accordance with the laws of the State of Washington. If the parties
are unable to settle any dispute, difference or claim arising from the parties' performance of this
Agreement, the exclusive means of resolving that dispute, difference or claim. shall only be by
filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court,
King County, Washington, unless the parties agree in writing to an alternative dispute resolution
INTERLOCAL AGREEMENT REGARDING
SOUTH 228TH STREET IMPROVEMENTS-2 of 4
(bmn Kent and Drainage Dist No I of King County)
process. In any claim or lawsuit for damages arising from the parties' performance of this
Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or
bringing such claim or lawsuit, in addition to any other recovery or award provided by law;
provided, however, nothing in this paragraph shall be construed to limit the District's right to
indemnification under section 8 of this Agreement
9.4 Assignment. Any assignment of this Agreement by either party without
the written consent of the non-assigning party shall be void. If the non-assigning party gives its
consent to any assignment, the terms of this Agreement shall continue in full force and effect and
no further assignment shall be made without additional written consent.
9.5 Modification. No waiver, alteration, or modification of any of the
provisions of this Agreement shall be binding unless in writing and signed by a duly authorized
representative of the City and District.
9.6 Entire Agreement. The written provisions and terms of this Agreement
shall supersede all prior verbal statements of any officer or other representative of the City, and
such statements shall not be effective or be construed as entering into or forming a part of or
altering in any manner this Agreement.
9.7 Compliance with Laws. The parties agree to comply with all federal, state,
and municipal laws, rules, and regulations that are now effective or in the future become
applicable to the operations covered by this Agreement or accruing out of the performance of
those operations.
9.8 Severability. If any section of this Agreement is adjudicated to be invalid,
such action shall not affect the validity of any section not so adjudicated.
9.9 Notice. All communications regarding this Agreement shall be sent to the
parties at the addresses listed on the signature page of the Agreement, unless notified to the
contrary Any written notice hereunder shall become effective upon personal service or three (3)
business days after the date of mailing by registered or certified mail, and shall be deemed
sufficiently given if sent to the addressee at the address stated in this Agreement or such other
address as may be hereafter specified in writing.
IN WITNESS, the parties below execute this Agreement, which shall become
effective on the last date entered below.
INTERLOCAL AGREEMENT REGARDING
SOUTH 228TH STREET IMPROVEMENTS-3 of 4
(btwn Kent and Drainage Dist No 1 of King County)
DISTRICT: KENT:
DRAINAGE DISTRICT NO. 1 OF KING CITY OF KENT:
COUNTY
By By:
gnalure)
Print Name: an Llewel n Pnn N e. zette Cooke
Its Chair, Board of Commissioners Its Mayor
(rule)
DATE: (zi, / DATE: -
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
i
John M Casey Timothy LaPorte, Director
Curran Law Firm, P.S City of kent Public Works Department
555 W Smith St 220 Fourth Avenue South
Kent, WA 98032 Kent, WA 98032
(253) 852-2345 (telephone)
(253) 852-2030 (facsimile) (253) 856-5500 (telephone)
(253) 856-6500 (facsimile)
APP V D AS TO FORM: APPROVED AS TO FORM:
Jo M. Casey, To Brubaker, City Attorney
of Curran Law Firm, P.S.
Attorney for Drainage District No.
INTERLOCAL AGREEMENT REGARDING
SOUTH 228r"STREET IMPROVEMENTS-4 of 4
(btwn Kent and Drainage Dist No 1 of King County)
fair- /&
-ems REQUEST FOR MAYOR'S SIGNATURE
KENT Please Fill in All Applicable Boxes
W.SHINGTON
Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT)
Originator: �� Phone (Oi iginator) S ✓�
Date Sent- 'r, Zy ��/f Date Required: �, 2011'
Return Signed Document to ��/ CONTRACT TERMINATION DATE: A'14
VENDOR NAME: / DATE OF COUNCIL APPROVAL: 71 2-C/1
Brief Explanation oof7 Document/:
7i`.Rt�FCLt1� t1X/�t�/t '�'—""' �•UY•:c•��- [.fjYtL C.
rece G e- C{ coo CCYiIr!EGG/An /�L CO✓ B
All Contracts Must Be Routed Through the law Department
(This Area to be Completed By the Laws Department)
7lC8 cfl `fNo t
Received-
Approval of Law Dept RECEIVED � ��� r
Law Dept. Comments: APR 2 8 2011 / C
KENT LAW DEPT.
Date Forwarded to Mayor zs ll �
I
Shaded Areas to Be Completed by Administration Staff
Received: nn
p
Q
Recommendations & Comments: 2D11
Disposition: ffl/9 l) � — O�n OF KfrtT
61'r � ITV CLEftK
Date Returned. �O
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