The URL can be used to link to this page

Home My WebLink AboutPW11-231 - Original - King County - 2011 Citywide Large Culvert and Storm Cleaning - 08/05/2011 Records M ge rn e-n KEN I S 7O T -'-�I-- ��z�a WASH14GTON Document A 41 WIN CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: King County Vendor Number: JD Edwards Number Contract Number: ej�21 1-,?,3 1 This is assigned by City Clerk's Office Project Name: 2011 Citywide Large Culvert and Storm Pipe Cleaning Description: [I Interlocal Agreement ❑ Change Order El Amendment Z Contract El Other: Contract Effective Date: 8/5/11Termination Date: 12/31/11 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Toby Hallock Department: Engineering Detail: (i.e. address, location, parcel number, tax id, etc.): Remove sediment, invasive vegetation C 44 S Public\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 t' Interlocal Agreement Regarding Kent 2011 Citywide Large Culvert and Storm Pipe Cleaning (between the City of Kent and Drainage District No I 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 84u'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 2011 Citywide Large Culvert and Storm Pipe Cleaning (hereafter "Project"), which is expected to occur in 2011 with an estimated construction cost of approximately$987,000 to Kent. C. The District's purpose is to ensure the flows of drainage waters in its jurisdiction. Kent's Project includes removal of sediment, invasive vegetation and refuse from 10 sites in the Kent Valley. The project sites include areas in and around culverts, in drainage and creek channels, and in storm pipes and catch basins. 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 ONE-HUNDRED THOUSAND DOLLARS ($100,000) 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, 2011 3. Administration ofAgreement. Kent and the District shall each appoint a representative who shall be authorized to administer this Agreement on their behalf. INTERLOCAL AGREEMENT REGARDING 2011 CITYWIDE LARGE CULVERT AND STORM PIPE CLEANING- I of 4 (btwn Kent and Drainage Dist No I of King County) f 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 ONE-HUNDRED THOUSAND DOLLARS ($100,000) to Kent. This sum shall be remitted by the District to Kent by August 31, 2011, or by such other date as may be mutually agreed upon by the parties' appointed administrators. 5. Failure to Perform the Project - 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 portions of 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 process. In any claim or lawsuit for damages arising from the parties' performance of this INTERLOCAL AGREEMENT REGARDING 2011 CITYWIDE LARGE CULVERT AND STORM PIPE CLEANING-2 of 4 (btwn Kent and Drainage Dist No I of King County) 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. 94 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. 99 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 2011 CITYWIDE LARGE CULVERT AND STORM PIPE CLEANING-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. t4K Prin*Nae Print&e- Cooke Its Char Boa Its Mavor (Title) p DATE- DATE: U l/ NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: 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) APPROVED AS TO FORM: APPROVED AS TO FORM: vv� al vid Huhs, To Brubaker, City Attorney urran Law Firm, P S Attorney for Drainage District No. 1 INTERLOCAL AGREEMENT REGARDING 2011 CITYWIDE LARGE CULVERT PIPE CLEANING-4 of (btwn Kent and Drainage Dist No I of King County) REQUEST FOR MAYOR'S SIGNATURE KENT Please Fill in All Applicable Boxes WASH NGTON Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) Originator ��1� i t � Phone (Originator). ��L4 Date Sent I =�� f Date Required: 6 ) � i Return Signed Document to.i CONTRACT TERMINATION DATE: ( ,r I 2-3 11 VENDOR NAME: DATE OF COUNCIL APPROVAL: << 2_- 2j Brief Explanation of Document �J) Ct � ct � irk �� TS Chi ]1 2 All Contracts Must Be Routed Through the Law Department (This Area to he Completed% the Law Department) Received Approval of Law Dept • RECEIVE® V�v �-- /�V ICJ Law Dept Comments: AUG a 4 2011 RECEIVED KENT LAW ®EPA^ Date Forwarded to Mayor Shaded Areas to Be Completed by Administration Staff City of !Cent rx"n pf 01 p AAA, r Received- Recommendations & Comments: `9 v '1p11 Disposition: Date Returned: cage�ti-o 3;os