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AG 10-009RETURN TO: CITY OF FEDERAL WAY LAW DEP. 'J 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#): 4�OTHER _ /�t.�, �C'-�-�� ��-; ° � 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 (,(�¢e-r� €Xec.u..d �rr, D►ti: �9� 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 O�PROJECT MANAGER T �o �� /lo 0 f9'bIRECTOR 7�0 ❑ , ) ❑ r,a�i,Aw °�/, 3 8/a�oq ' o a" `7- L"�- b%�es �Lb � INITIAL / DATE APPROVED �, �Z!-C,° ' � � I 1. CONTRACT SIGNATURE ROUTIN -� �o n1o� R�,� �r S�9 n�,.,{-�wt. u,,�i, l C�ur� '„c�..pprd ✓�.Q � 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 � �l o'Z� C9"�AW DEPARTMENT �- Z�' �G t� Y Le `'rt�t`' t�a I C�SIGNATORY(C1v1, , l.✓, tvy /-a.t-��� ►�d5 G7�CIT'Y CLERK \ � 'L� 1 � [�ASSIGNED AG# AG# � (� � �� �� Q�3'I'GNED COPY RETURNED DATE SENT: �/�fGTU.I'/L Of'►G Uy� �nQ� (`(1MMFNTC• _ _ ' /7RT� , � l 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. K:\CONTRACT\2009\09-�ooc LUD Design and Constr ILA.doc Page 1 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 K:\CONTRACT�2009\09-�ooc LUD Design and Constr ILA.doc PBge 2 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� K:\CONTRACT�2009\09-�ooc LUD Design and Constr ILA.doc Page 3