HomeMy WebLinkAboutPW10-205 - Original - KC Drainage District - Kent 2010 Citywide Large Culvert Pipe Cleaning - 09/09/2010 < Records -Ma erne-- saa
KENT
WAS„,NGT04 - Document
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: Drainage District 1 of King County
Vendor Number:
JD Edwards Number
Contract Number: fqJ10-.205-
This is assigned by City Clerk's Office
Project Name: Kent 2010 Citywide Large Culvert Pipe Cleaning
Description: ® Interlocal Agreement ❑ Change Order ❑ Amendment ❑ Contract
❑ Other:
Contract Effective Date: 9/9/2010 Termination Date: 12/31/2011
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager: J Fielding Department: Public Works
Detail: (i.e. address, location, parcel number, tax id, etc.):
CM 9/7/2010
Termination date : and/or completion of project
S•Public\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08
Interlocal Agreement Regarding
Kent 2010 Citywide Large Culvert 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
841h 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 2010 Citywide Large Culvert Pipe
Cleaning (hereafter "Culvert Cleaning"), which is expected to occur in 2010-11 and is estimated
to cost Kent approximately $941,000.
C. The District's purpose is to ensure the flows of drainage waters in its jurisdiction.
Kent's Culvert Cleaning Project proposes to clean nine (9) project sites within District right of
way along Mill Creek in order to remove sediment, invasive vegetation, and garbage from
culverts. The District expects to benefit there from due to increased 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 Culvert Cleaning 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 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
2010 CITYWIDE LARGE CULVERT PIPE CLEANING- 1 of
(btwn Kent and Drainage Dist No I of King County)
4. Contribution to Kent. In consideration of this Agreement, the Culvert Cleaning
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 October 31, 2010, 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 Culvert Cleaning Project, in the event Kent does not
execute the Culvert Cleaning Project as to the nine (9) sites on Mill Creek that are 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 Culvert Cleaning 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 Culvert Cleaning 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
2010 CITYWIDE LARGE CULVERT PIPE CLEANING-2 of 4
(btwn 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. An assignment of this Agreement b either a without
g Y g g Y party
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. Modification. No waiver alteration or modification of an of the
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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 Severabili . If section of this Agreement is adjudicated to be invalid,
tY any
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
2010 CITYWIDE LARGE CULVERT PIPE CLEANING-3 of 4
(btwn Kent and Drainage Dist No I of King County)
DISTRICT: KENT:
DRAINAGE DISTRICT NO. 1 OF KING CITY OF KENT:
COUNTY
By: By:Sz:e-�
(si ture
Print N e: or an Llewell n in e: Suzette Cooke
Its Chair. Board of Commissioners Its Mayor
(Titre)
DATE: 9-2--1 y DATE: L.?11.0
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)
APPROVFD AS TO FORM: APPROVED AS TO FORM:
L
John M. Casey, Tom Brubaker, City Attorney
of Curran Law Firm, P.S.
Attorney for Drainage District No. 1
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INTERLOCAL AGREEMENT REGARDING
2010 CITYWIDE LARGE CULVERT PIPE CLEANING-4 of 4
(btwn Kent and Drainage Dist No I of King County)
® REQUEST FOR MAYOR`S SIGNATURE
KENT Please Fill in All Applicable Boxes
WASH INGTOI
Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT)
Originator: ` !- L.r Phone (Ongbinator) tr
Date Sent ? Date Required16 ,
Return SignedDocument Co:��� r� ��z CONTRACT TERMINATION DATE:
VENDOR NAME: �Ua -� DATE OF COUNCIL APPROVAL: f 7 ?eft;
Brief Explanation or Document.
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All Contracts Must Be Routed Through the Law Department
(This Aiea to be completed Gv the Law Department)
Received:
Approval of Law Dept SEP —
Law Dept. Comments:
Date Forwarded to Mayor
Shaded Areas to Be Completed by Administration Staff
Received:
Recommendations & Comments.
Disposition:
Date Returned '
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