HomeMy WebLinkAbout2016-08-09 - Douglas County Sewer District - Interlocal Agreements General - 2016-02INTERLOCAL SERVICES AGREEMENT
THIS INTERLOCAL SERVICES AGREEMENT ("Agreement") is hereby entered into
this date by and between DOUGLAS COUNTY SEWER DISTRICT (the "District"), and the
CITY OF EAST WENATCHEE (the "City"), collectively referred to as the "Parties."
RECITALS:
1. The District is engaged in a sewer improvement project involving 4th Street SE, East
Wenatchee, Douglas County, Washington (the "Project"); and,
2. The District will be paving a portion of 4th St SE as a part of the pavement restoration plan;
and,
3. The District has offered to improve the street by paving additional asphalt to a depth of
three (3) inches if the City wishes to reimburse the District for the cost associated with the
paving of one (1) inch thickness, and;
4. The City desires to have 4th St SE fog Sealed as a part of the restoration plan,
NOW, THEREFORE, in consideration of the foregoing, the City and the District agree as
follows:
1. Purpose. The purpose of this Agreement is to provide for the paving of one (1)
additional inch of asphalt to the areas of pavement restoration as a part of the 4th St SE sewer
Replacement Project and to apply a Fog Seal and associated striping.
2. Scope of Work. The scope of work associated with the additional work for the
pavement restoration of the 4th St SE Sewer Replacement Project will comprise of the following:
2.1 Pave one (1) additional inch of asphalt to the area of the pavement restoration
plan
2.2 Fog Seal the roadway for the limits of the pavement restoration plan
2.3 Stripe the road where striping is necessary due to the project construction and
the new fog seal.
3. District's Obligations. The District shall:
3.1 Direct the project contractor to pave the project to a depth of three (3) inches in
thickness for the areas of pavement restoration
3.2 Direct the project contractor to fog seal the project for the entire length of the
project.
3.3 Direct the project contractor to stripe the project in all locations that were
removed by construction or covered by fog seal, with the exception of Bicycle
Lane markings.
4. City's Obligations. The City shall:
4.1 Paint the Bicycle Lane markings that were removed by construction or covered by
fog seal.
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4.2 Reimburse the District for the cost of one (1) additional inch of asphalt, the cost of
the fog seal, and striping associated with the work to stripe the areas covered by
fog seal in an amount that will not exceed $30,000.
5. Duration and Termination. This Agreement shall become effective upon the filing of
the executed Agreement with the Douglas County Auditor pursuant to RCW 39.34.040. This
agreement will terminate upon the completion of the Project, and the final payment for the Bititriet's Crt~·~
portion of the Project is received by the ?=;om the ~~ t/f f!ff 4'1
6. Payment by City to Dislf. The City shall pay the District for the City's related;& •
portion of the project. As set forth in Section 4.2. The City shall pay Miie Citry 100% of the amount %~ D1~(1d
of the actual cost to construct the items shown in Section 4.2. Any payment past due shall accrue ~ '81P
interest at the rate of twelve (12%) per cent per annum until the entire outstanding balance of the
past due principal and interest is paid.
7. Records. The District shall keep and maintain accurate and complete cost records
pertaining to the Project and this Agreement. The District shall have full access and the right to
examine any such records during the term of this Agreement. All records, books, documents and
other materials maintained, prepared, or issued by the District in the implementation of this
Agreement shall be the property of the District, which shall have the responsibility of the retention
and release of those materials.
8. Mutual Indemnity. The District shall indemnify, defend and hold harmless the City, its
officers, agents and employees, from and against any and all claims, losses or liability, or any portion
thereof, arising from injury or death to persons or damage to property occasioned by any negligent
act, omission or failure of the District, its officers, agents, and employees, in connection with the
work described in this agreement, or arising out of the District's non-observance or non-
performance of any law, ordinance, or regulation applicable to the District's portion of the Project.
The City shall indemnify, defend and hold harmless the District, its officers, agents and
employees, from and against any and all claims, losses or liability, or any portion thereof, arising
from injury or death to persons or damage to property occasioned by any negligent act, omission or
failure of the City, its officers, agents and employees, in connection with the work described in this
agreement, or arising out of the City's non-observance or non-performance of any law, ordinance or
regulation applicable to the District's portion of the Project.
9. Severability. In the event that any provision of this Agreement shall be determined to
be unenforceable or otherwise invalid for any reason, such provision shall be enforced and validated
to the extent permitted by law. All other provisions of this Agreement are severable, and the
unenforceability or invalidity of any single provision hereof shall not affect the remaining provisions.
10. Construction. This agreement contains the entire agreement between the Parties with
respect to the subject matter hereof and supersedes all prior agreements or understandings among
the Parties with respect thereto. This Agreement may be amended only by an agreement in writing
signed by the Parties.
11. Mutual Negotiation and Construction. This Agreement and each of the terms and
provisions hereof are deemed to have been explicitly negotiated between, and mutually drafted by,
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the Parties, and the language in all parts of this Agreement shall, in all cases, be construed according
to its fair meaning and not strictly for or against either Party.
12. Governing Law; Venue. This Agreement is governed by the laws of the state of
Washington, without regard to its conflict of law provisions. The jurisdiction of any action
hereunder shall be in the Superior Court, Douglas County, Washington.
~WITNESS WJIEREOF, the parties hereto have executed this Agreement on this
__ 1:fil--+--'~-day of ~ , 2016.
DOUGLAS COUNTY SEWER DISTRICT
Attest: ~~
Dana Barnard, City Clerk
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