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Home My WebLink About200407120127 Interlocal Agreement , ris 'S" AUG 1 0 2004 10111111111111111111111111 200407120127 INTERLOCAL AGREEMENT Skagit County Auditor 7/12/2004 Page 1 of 510:29AM Regarding DREDGING OF STORM SEWER OUTFALLS FOR THE CITY OF ANACORTES' SKYLINE MARINA PROPERTY Between 41-. / - t t.:%gf . r1� J ,1+ ?T THE PORT OF ANACORTES, a municipal corporation of the State of Washington, and /04400,1‘ , 0. , ,: ' ,:: THE CITY OF ANACORTES, a municipal corporation of the State of Washington. INTERLOCAL AGREEMENT Regarding DREDGING OF STORM SEWER OUTFALLS FOR THE CITY OF ANACORTES' SKYLINE MARINA PROPERTY THIS AGREEMENT (the "Agreement"), dated this c74-4 day of thil(-1 , 2004, is made pursuant to Ch. 39.34 RCW,by and between: THE PORT OF ANACORTES, a municipal corporation of the State of Washington; and THE CITY OF ANACORTES, a municipal corporation of the State of Washington; (collectively, the"Parties"). A. RECITALS WHEREAS, the City of Anacortes ("City") owns and maintains the Storm Sewer Outfalls in the Skyline Marina which require dredging improvements; and WHEREAS, the Port of Anacortes ("Port") will begin its first phase of maintenance dredging for the Cap Sante Boat Haven; during a fixed period of time in order to complete the needed work in the authorized in-water work window, as defined by the federal and state permits, and WHEREAS, the City has the same time estraints for completion of dredging for the Storm Sewer Outfalls; and WHEREAS, the Port will have the manpower and equipment in place to complete the needed dredging for both areas,and WHEREAS, the Interlocal Agreement Act, Ch. 39.34 RCW, permits-governmental entities, - -- including municipal corporations like the Port and the City, to enter into interlocal agreements, such as this Agreement; THEREFORE, for and in consideration of the mutual terms and conditions contained herein, the Parties hereby agree as follows: 11111111111111111111111111 200407120127 Skagit County Auditor .7712/2004fage 2, of 510:29AM lnterlocal Agreement Dredging of Storm Sewer Outfalls—Skyline Marina • Page 2 B. TERMS AND CONDITIONS 1. Access. The City hereby grants the Port, and its contractors, access to the Skyline Marina Storm Sewer Outfalls for the purpose of dredging therein in accordance with the construction documents and terms and conditions of this Agreement. 2. Payment. All costs incurred by the Port on behalf of the City for completion of this work shall be reimbursed to the Port upon completion of the work and shall include the following items: • Design and Engineering • Contractor Mobilization/Demobilization costs • Construction Costs, including all disposal fees • Construction Oversight Services • Permit Fees 3. Contract Administration. The Port shall complete the bidding process, with the City's Dredging scope of work included in the Port's bid documents as a separate bid alternate. Following the bid opening, the Port shall submit a copy of the selected Contractor's bid proposal to the City for timely review and approval. The Contractor's Notice of Award will not be given until the City has notified the Port on whether the bid alternate is to be accepted or rejected. The Port will contract with a qualified contractor, and shall administer and enforce the contract until completion of the Improvements. 4. Engineering Design. The Port shall develop design plans and specifications for the Dredging Improvements that are consistent with the scope of work identified within the permit documents and this Agreement. The Port shall submit the design plans and specifications for the City's review and approval at least 30 days prior to dredging. The Port shall revise the design plans and specifications as necessary to obtain the City's approval prior to dredging, but approval shall not be unreasonably withheld. The Port shall notify the City of any subsequent changes to the approved design plans and specifications, which the Port shall prepare and submit for the City's review and approval in the same manner. 5. Project Management. The Port shall manage construction of the Dredging Improvements in accordance with the construction documents and the terms and conditions of this Agreement. The Port shall actively oversee its contractor's Dredging Improvements and use of the Skyline Marina Property. 6. Environmental Protection. The Port and its contractor shall be.iesponsible for any environmental damage resulting from the contractor's use of the Skyline Marina Property or the Dredging Improvements thereon, and for restoring the Skyline Marina Property to its preexisting condition upon completion of the Improvements. 7. Timing. The Port shall complete the Improvements as early as practicable during the authorized in-water work window, as defined by the federal and state permits, but no later than February 15, 2005. IIEMITIRMiqr Skagit County Auditor 7l1212004 Page 3 of 510:29AM Interlocal Agreement Dredging of Storm Sewer Outfalls—Stcylinc Marina Page 3 8. Notice of Completion. The Port shall notify the City when the Dredging Improvements have been completed. The City shall review and approve the completed Improvements within 30 days of receipt of such notification. Approval shall not be unreasonably withheld. 9. Best Efforts. The Parties shall use their"Best Efforts" to facilitate completion of the Dredging Improvements described in this Agreement and, in particular, the City shall use its "Best Efforts" to facilitate the issuance of any permits, reviews or approvals necessary to complete the Improvements. "Best Efforts" means in good faith, in the exercise of full statutory authority, and using all practicable means to expedite, facilitate and not hinder. 10. Dispute Resolution. The Parties shall attempt to resolve all claims, disputes, and other matters in question, arising out of or related to this Agreement, first through informal discussions and then through formal written notification and cure,before resorting to arbitration or litigation. 11. Term. This Agreement shall be effective when signed and notarized by the duly authorized governing bodies of the Port and the City, unless modified in writing by mutual agreement of the Parties. It shall expire upon the completion and approval of the Dredging Improvements, and restoration of the Skyline Marina Property to its preexisting condition. 12. Entire Agreement. This Agreement, including its Recitals, embodies the Parties' entire agreement on the issues covered by it, except as supplemented by subsequent written agreements the Parties make. All prior negotiations and draft written agreements are merged into and superseded by this Agreement. 13. Modifications. This Agreement may be amended and modified by a written agreement signed by the Parties, in the same manner as the signing of the original Agreement. 14. Severability. If any term or condition contained in this Agreement shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other term or condition hereof, and this Agreement,shall be construed as if such invalid, illegal or unenforceable provisions had never been contained herein. 15. Waiver. No failure by the Parties to insist upon the strict performance of any term or condition of this.Agreement, or to exercise any right or remedy upon a breach_thereof, shall constitute a waiver or breach of any other tetin or condition of this Agreement. 16. Governing Laws. This Agreement and the rights of the Parties hereto shall be governed by and construed in accordance with the laws of the "State of Washington. 17. Execution. The persons signing below represent and warrant that they have the requisite authority to bind the Party on whose behalf they are signing. q liuppurlin 2 0 4 0 1 2 7 Skagit County Auditor 7_11212004 Page 4 of 5 10:29AM. Interlocal Agreement Dredging of Storm Sewer Outfalls-Skyline Marina ,.. , Page 4 IN WITNESS HEREOF, the Port and the City have caused this Agreement to be executed in their names and to be attested by their duly authorized officers this dna: day of 2004. PORT OF ANACORTES By: 41 . Signature Dan Stahl, Executiv Director Date: oz., Z2?j State of Washington Skagit County Signed and attested to before me on L114'1 ac:Z ,2004 by Dan Stahl. 000mtrufo e M. .104/••• . Notary Public .7:---a l_V,..10 1-• (i), s = Ual or-Fitaai ,f, c \.,./u.iie,icie 1./i, ...441141,71 Ztp PUBV-‘ OM Print or type name 1.;• 4. I,4-.:: My appointment expires 0/7-241-a y *'00Z.Xia`44% CITY OF ANACORTES By: Signature , H. Dean Maxwell, Mayor Date: 4/Z8Joy State of Washington Skagit County - . _ Signed and attested to before me on I by& e , S, ,2004 by H. Dean Maxwell. .....„........,,,,,,,_ C A.QA.AL 47 ..‘x.0,...•stON A.;..7(c) ii, Notary Mc -'1;0%. Oe f [Sid 13PiNfipti O. i'V (r ( , Kakial e F,0 Ow,••10 i Print or type name PUBLIC I • 11 4„ nini inent exnires i n-ICI-0,10 'd,-1).\•?P-19-(1.0.CiN : 4 1 k". •........••..0 ...7 11.1 Skagit County Auditor 7/12/2004 Page 5 of 5 10:29AP4