AG 10-009 - LAKEHAVEN UTILITY DISTRICTRETURN TO:
CITY OF FEDERAL WAY LAW DEP.
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REQUEST FOR CONTRACT PREPARATION/DOCUMENT REVIEW/SIGNATURE ROUTING SLIP
1. ORIGINATING DEPT./DIV: �J� s�.
2. ORIGINATING STAFF PERSON: � G'�l EXT: Z 7 S I 3. DATE REQ. BY:
4. TYPE OF DOCUMENT REQUESTED (CHECK ONE)
� CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ)
❑ PUBLIC WORKS CONTRACT ❑ SMALL PUBLIC WORKS CONTRACT
❑ PROFESSIONAL SERVICE AGREEMENT O MAINTENANCE AGREEMENT
❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG
❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (s.G. sorm xE��n nocu�'rs>
❑ ORDINANCE ❑ RESOLUTION
❑ CONTRACT AMENDMENT (AG#):
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I 5. PROJECT NAME:
6. NAME OF CONT�AC OR: G i i
ADDRESS: f D. G, 0 - TELEPHONE
SIGNATURENAME: ��r�a.lal.T. err�l TITLEC"llneral
7. EXHIBITS AND ATTACHMENTS: o SCOPE WORK OR SERVICES ❑ COMI'ENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL
OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN � REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS
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8. TERM: COMIVIENCEMENT DATE: COMPLETION DATE: PYD I��C.� �4m/t'�1Q T!D �'l.
9. TOTAL COMPENSATION $ /�/ /� (INCLUDE EXPENSES AND SALES TAX, IF ANY}
(IF CALCULATED ON HOURLY LABOR CHARGE -ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES)
REIMBURSABLE EXPENSE: � YES O No IF YES, MAXIMUM DOLLAR AMOUNT: $
IS SALES TAX OWED ❑ YES � NO IF YES, $ PAID BY: ❑ CONTRACTOR o CITY
0 PURCHASING: PLEASE CHARGE TO:
10. CONTRACT REVIEW ���` INITIAL / DATE REV WED
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C�SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: f 1
ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSE , EXHIBITS
INITIAL / DATE SIGNED ��`�� ��� e e �ce c c.�"tp �
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INTERLOCAL AGREEMENT
BETWEEN THE CITY OF FEDERAL WAY
AND LAKEHAVEN UTILITY DISTRICT
FOR THE WEST HYLEBOS CREEK CULVERT REPLACEMENT
THIS AGREEMENT is made and entered into this � day of 2010, by
and between the City of Federal Way (hereinafter "City'� and Lakehave tility District
(hereinafter "District'�, collectively referred to herein as the "Parties".
WHEREAS, the City proposes to proceed with the West Hylebos Creek Headwaters
Restoration Project (hereinafter "Project'�; and the City identified a culvert located in the
vicinity of the Project area that needs to be replaced; and
WHEREAS, the District owns the culvert; and the District intends to replace the culvert
(hereinafter ��Culvert Replacement Work'�; and
WHEREAS, Chapter 39.34 RCW (Interlocal Cooperation Act) permits local governmenfal
units to make the most efficient use of their powers by enabling them to cooperate with other
entities to provide services in a manner best serving the needs and development of their local
communities; and
WHEREAS, the District can achieve cost savings and other benefits in the public's
interest through participating in the Project; and
WHEREAS, by coordinating the Culvert Replacement Work with the Project, the City can
better achieve its goal of protecting the public's interest, including stabilizing the stream
channel, preventing flooding, removing fish passage barriers, and enhancing stream habitat;
NOW, THEREFORE, it is hereby covenanted and agreed by and between the Parties
hereto as follows
I. THE CITY'S COMMITMENT
The City shall provide design documents to the District for review and approval
in order to facilitate the Culvert Replacement Work. This includes preparation of design
drawings and cost estimates for replacement of the existing 36" diameter culvert, and obtaining
all necessary permits. The new culvert will be designed to meet Washington State Department
of Fish and Wildlife's design guideline for fish passage. Any contract documents and/or
specification documents required for the Culvert Replacement Work shall be provided by the
District. Technical design and construction specifications will be provided as plan notes to be
included in the drawings. It is the intention of the City to construct the Project in either the
summer of the year of 2010 or 2011. It is also the intention of the City to employ a contractor
through competitive bidding process to construct the Project. The City shall coordinate with the
District to the maximum extent practical to ensure that stream restoration activities are phased
correctly with respect to the District Culvert Replacement Work. The City will provide a
construction survey benchmark to ensure proper coordination.
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II. THE DISTRICT'S COMMITMENT
The District shall construct the Culvert Replacement and any related work in
accordance with the specifications and design provided by the City. The District shall be
responsible for all material, labor, equipment, and other incidental costs necessary to furnish
and install the culvert and to complete the Culvert Replacement Work, including but not limited
to construction surveying, temporary traffic control, inspection, material testing, utility
relocation, construction management, etc. The estimated cost for the District's Culvert
Replacement Work is approximately $100,000. It is the intention of the District to perform the
Culvert Replacement Work by its own forces. The District shall coordinate with the City on
wnstruction scheduling to avoid conflicts with the City contractor and permit conditions. The
District shall take those measures necessary to ensure the Culvert Replacement Work is
functional with respect to the surrounding stream channel bed.
The District grants the City and its agents, designees, assigns, employees, and
contractors the right to enter onto the District's property, on a temporary basis, to inspect,
design, and construct the Project.
III. COST
There shall be no money transferred between the Parties in connection with the
work described in this Interlocal Agreement.
IV. INDEMNIFICAITON AND HOLD HARMLESS
A. The City agrees to indemnify and hold the District, its elected offi'icials,
officers, employees and agents harmless from any and all claims, demands, losses, actions and
liabilities (including costs and all attorney fees) to or by any and all persons or entities,
including, without limitation, their respective agents, licensees, or representatives, arising or
resulting from, or connected with, this Agreement to the extent caused by the negligent acts,
errors or omissions of the City, its agents or employees, or by the City's breach of this
Agreement.
B. The District agrees to indemnify and hold the City, its elected officials,
officers, employees and agents harmless from any and all claims, demands, losses, actions and
liabilities (including costs and all attorney fees) to or by any and all persons or entities,
including, without limitation, their respective agents, licensees, or representatives, arising or
resulting from, or connected with, this Agreement to the extent caused by the negligent acts,
errors or omissions of the District, its agents or employees, or by District's breach of this
Agreement.
The provisions of this paragraph shall survive the expiration or termination of this
Agreement with respect to any event occurring prior to such expiration or termination.
V. DURATION
This Agreement shall become effective immediately upon execution by both
Parties. This Agreement shall continue in full force until either (1) the City Council accepts the
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completion of the Project, (2) the Agreement is terminated with mutual written agreement by
both Parties, or (3) December 31, 2011, whichever is earlier. This Agreement may be extended
for additional periods of time upon mutual written agreement of the City and District.
Adherence to deadline dates is essential to the performance of this Interlocal Agreement.
VI. OTHER PROVISIONS
A. Designing the Culvert Replacement Work shall not vest the City with
respect to ownership, or future maintenance responsibility associated with the replaced cuNert.
The District shall retain sole ownership and maintenance responsibility for the replaced culvert.
B. Constructing the Culvert Replacement Work shall not vest the District
with respect to ownership, or future maintenance responsibilities of the stream improvements
upstream or downstream of the Culvert Replacement Work.
C. This Agreement contains the entire written agreement of the Parties and
supersedes all prior discussion. This Agreement may be amended only in writing, signed by
both Parties.
D. Any provision of this Agreement, which is declared invalid, void or illegal
shall in no way affect, impair, or invalidate any other provision hereof and such other provisions
shall remain in full force and effect.
IN WITNESS WHEREOF the Parties hereto have hereunto set their hands and seals the
day and year first above written.
CITY OF FEDERAL WAY
Brian J ilson
i��City Manager�/�p/„� �ti,�
LAKEHAVEN UTILII"Y DISTRICT
Donald T. Perry
General Manager
APPROVED AS TO FORM:
City Attorney, Patricia A. Richardson
ATfEST:
City Clerk, Carol Mc illy, CM
APPROV D AS TO FORM•
Gene I Counse
s . 1 -,.�,. �,,, l _,P� �� G�. Q-f�
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