HomeMy WebLinkAboutContract VJDFW* (.540A
CAG-13-093
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COMMUNITY SERVICES and PUBLIC WORKS
FLOATING FISH TRAP AGREEMENT with WDFW
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THIS AGREEMENT ("Agreement") is made as of the 42 day of *, 2013, (the "Effective
Date") by and between the City of Renton, a noncharter_code city under RCW 35A, and a
municipal corporation under the laws of the State of Washington ( "Renton"), through its
Community Services and Public Works Departments, and the Washington State Department of
Fish and Wildlife ("WDFW"), who are collectively referred to as the "Parties for the purpose of
anchoring floating fish traps to or on Renton's real property or land.
WHEREAS, pursuant to RCW 39.34, the Interlocal Cooperation Act, Renton and WDFW
are authorized to enter into an interlocal agreement for a governmental activity or undertaking;
Renton and WDFW,for full mutual consideration as more specifically detailed below, agree:
1. Location of Services. The exact locations of the traps are indicated on the
attached aerial photograph and will be between the mouth of the Cedar River and the Logan
Street Bridge, in the City of Renton. Access across Renton's property is limited to purposes
associated with installing, removing, operating, and maintaining the floating fish traps.
2. Scope of Services. WDFW may anchor floating fish traps on Renton real property
or land as specified in Section 1. This Agreement may only be amended by written agreement
of the Parties. The Scope of Services may be amended only as provided in this Agreement, in
Section 3. "Services" shall mean professional services, work, labor, supervision and/or the work
or project that is the subject of this Agreement.
3. Changes in Scope of Services. Renton, without invalidating this Agreement, may
order re-positioning of the traps and anchors.
4. Conditions of Access. Subject to the terms of this Agreement, WDFW may
anchor floating fish traps to or on Renton's real property or land as long as:
a. The anchoring of fish traps shall not affect trees in the area.
b. The locations of anchors shall be placed on signs informing park users of
their purpose and location.
C. The anchoring locations and future re-positioning of the traps and
anchors shall be approved in the field by the Community Services and Public Works
Departments.
d. Renton reserves the right to request WDFW to relocate the fish traps if
they cause bank scour, damage to the levees or floodwall, or if trap locations conflict
2013 WDFW Agreement 1
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with Renton's projects or programs. If WDFW intends to anchor traps to Renton bridges
or the floodwall, the Public Works Department (Surface Water Utility/Transportation
Division) will require a review of the location and prior approval of all connections.
e. WDFW shall be responsible for relocating the fish traps, and any related
costs, during maintenance dredging to avoid their location conflicting with the
construction. This may include moving traps upstream or downstream of the
construction area or removing traps from the river prior to construction (maintenance
dredging).
f. WDFW shall be solely responsible for repairing any damage caused by the
fish traps, anchors, and fish trap operations to the banks, City property, bridges, and
floodwall including its placement into the river or removal from the river.
g. WDFW shall be solely responsible for installing and removing the fish
traps, their operation, damage to public or personal property caused by their operation,
and any harm to any person that occurs associated with the operation of the fish traps.
5. Term of WDFW Agreement. The term of this Agreement shall begin on January
1, 2013, and end no later than December 31, 2015. The Parties may, upon mutual written
agreement, extend this Agreement.
6. Consideration. In exchange for WDFW improving the Cedar River fishery flowing
through Renton, WDFW will be permitted to anchor floating fish traps on City of Renton land.
7. Assignment Agreement. The WDFW shall not assign any portion of this WDFW
Agreement without the City of Renton's express written consent.
8. Hold Harmless. To the fullest extent permitted by law, WDFW shall indemnify,
defend and hold harmless Renton, its elected officials, officers, agents, employees and
volunteers, from and against any and all claims, losses or liability, or any portion of the same,
including but not limited to reasonable attorneys' fees, legal expenses and litigation costs,
arising from injury or death to persons, including injuries, sickness, disease or death of WDFW's
own employees, agents and volunteers, or damage to property caused by WDFW's negligent
act or omission, except for those acts caused by or resulting from a negligent act or omission by
Renton and its officers, agents,employees and volunteers.
Should a court of competent jurisdiction determine that this agreement is subject to
RCW 4.24.115, (Validity of agreement to indemnify against liability for negligence relative to
construction, alteration, improvement, etc., of structure or improvement attached to real
estate...) then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of the contractor
and Renton, its officers, officials, employees and volunteers, WDFW's liability shall be only to
the extent of WDFW's negligence.
It is further specifically and expressly understood that the indemnification provided
herein constitute the WDFW's waiver of immunity under the Industrial Insurance Act, RCW Title
51, solely for the purposes of this indemnification. The Parties have mutually negotiated and
2013 WDFW Agreement 2
agreed to this waiver. The provisions of this section shall survive the expiration or termination
of this Agreement. -
9. Insurance. WDFW shall secure and maintain:
a. Commercial general liability insurance in the minimum amounts of
$1,000,000 for each occurrence/$2,000,000 aggregate for the Term of this Agreement.
b. Professional liability insurance, in the minimum amount of$1,000,000 for
each occurrence, shall also be secured for any professional services being provided to
Renton that are excluded in the commercial general liability insurance.
C. Workers' compensation coverage, as required by the Industrial Insurance
laws of the State of Washington, shall also be secured. .
d. It is agreed that on WDFW's commercial general liability policy, the City
of Renton will be named as an Additional Insured on a non-contributory primary basis.
e. Subject to Renton's review and acceptance, a certificate of insurance
showing the proper endorsements, shall be delivered to Renton before executing the
work of this Agreement.
f. The WDFW shall provide Renton with written notice of any policy
cancellation, within two business days of their receipt of such notice.
10. " Independent Contractor. WDFW's employees, while engaged in the
performance of any of WDFW's services under this Agreement, shall be considered employees
of the WDFW and not employees, agents or representatives of Renton. WDFW's relation to
Renton shall be at all times as an independent contractor. Any and all Workman's
Compensation Act claims on behalf of WDFW employees, and any and all claims made by a
third-party as a consequence of any negligent act or omission on the part of WDFW's
employees, while engaged in services provided to be rendered under this Agreement, shall be
solely the WDFW's obligation and responsibility.
11. Compliance with Laws. WDFW and WDFW's employees and volunteers shall
perform the services required in this Agreement in accordance with all applicable federal, state,
county and city laws, rules, regulations, and executive orders. A copy of this language must be
made a part of any contractor or subcontractor agreement.
12. Discrimination Prohibited: Except to the extent permitted by a bona fide
occupational qualification,the WDFW.agrees as follows:
WDFW, and WDFW's agents, employees, representatives, and volunteers with regard to
the services performed or to be performed under this Agreement, shall not discriminate on the
basis of race, color, sex, religion, nationality, creed, marital status, sexual orientation or
preference, age (except minimum age and retirement provisions), honorably discharged
veteran or military status, or the presence of any sensory, mental or physical handicap, unless
based upon a bona fide occupational qualification in relationship to hiring and employment, in
employment or application for employment, the administration of the delivery of services or
any other benefits under this Agreement, or procurement of materials or supplies.
2013 WDFW Agreement 3
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The WDFW will take affirmative action to insure that applicants are employed and that
employees are treated during employment without regard to their race, creed, color, national
origin, sex, age, sexual orientation, physical, sensory or mental handicaps, or marital status.
Such action shall include, but not be limited to the following employment, upgrading, demotion
or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other
forms of compensation and selection for training.
If WDFW fails to comply with any of the non-discrimination provisions of the contract,
Renton shall have the right, at its option,to cancel the Agreement in whole or in part.
The WDFW is responsible to be aware of and in compliance with all federal, state and
local laws and regulations that may affect the satisfactory completion of the project, which
includes but is not limited to fair labor laws and worker's compensation.
13. Other Provisions:
a. Administration and Notices. Each individual executing this Agreement
on behalf of Renton and WDFW represents and warrants that such individuals are duly
authorized to execute and deliver this Agreement on behalf of Renton or WDFW. Any
notices required to be given by the Parties shall be delivered at the addresses set forth
below. Any notices may be delivered personally to the addressee of the notice or may
be deposited in the United States mail, postage prepaid, to the address set forth below.
Any notice so posted in the United States mail shall be deemed received three (3) days
after the date of mailing. This Agreement shall be administered by and any notices
should be sent to the undersigned individuals or their designees.
b. Amendment and Modification. This Agreement may be amended only
by an instrument in writing, duly executed by both Parties.
C. Governing Law. This Agreement shall be made in and shall be governed
by and interpreted in accordance with the laws of the State of Washington.
d. Joint Drafting Effort. This Contract shall be considered for all purposes as
prepared by the joint efforts of the Parties and shall not be construed against one party
or the other as a result of the preparation, substitution, submission or other event of
negotiation, drafting or execution.
e. Jurisdiction and Venue. Any lawsuit or legal action brought by any party
to enforce or interpret this Agreement or any of its terms or covenants shall be brought
in the King County Superior Court for the State of Washington at the Maleng Regional
Justice Center in Kent, King County, Washington,or its replacement or successor.
f. Severability. A court of competent jurisdiction's determination that any
provision or part of this Agreement is illegal or unenforceable shall not cancel or
invalidate the remainder of this Agreement,which shall remain in full force and effect.
2013 WDFW Agreement 4
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g. Sole and Entire Agreement. This Agreement contains the entire
agreement of the Parties and any representations or understandings, whether oral or
written, not incorporated are excluded.
h. Third-Party Beneficiaries. Nothing in this Agreement is intended to, nor
shall be construed to give any rights or benefits in the Agreement to anyone other than
the Parties, and all duties and responsibilities undertaken pursuant to this Agreement
will be for the sole and exclusive benefit of the Parties and no one else.
i. Waivers. All waivers shall be in writing and signed by the waiving party..
Either party's failure to enforce any provision of this Agreement shall not be a waiver
and shall not prevent either Renton or WDFW from enforcing that provision or any
other provision of this Agreement in the future. Waiver of breach of any provision of
this Agreement shall not be deemed to be a waiver of any prior or subsequent breach
unless it is expressly waived in writing.
IN WITNESS WHEREOF,the Parties have entered into this Agreement as of Effective Date.
CITY OF RENTON WDFW
Denis Law
Jeffire R.liugdahl
Mayor Contra ctsa dPurchasingManager
1055 South Grady Way
Renton, Washington 98057
Date Date
Approved as to Legal Form Attest
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Lawrence J. Warren Bonnie I. Walton
Renton City Attorney Renton City Clerk
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Date Date
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CERTIFICATE OF LIABILITY INSURANCE _ a ��ssuefoate,4/1�20�3 Y__�
ISSUED BY: THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY
State Of Washington AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
Department of Enterprise Services CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE
Office Of Risk Management ____- AFFORDED BY THE STATE OF WASHINGTON SELF INSURANCE
PO Box 41466 LIABILITY PROGRAM.
Olympia WA 98504-1466
COVERAGE AFFORDED BY
State of Washington Self Insurance Liability Program
INSURED: THE STATE OF WASHINGTON, INCLUDING ALL ITS AGENCIES AND
DEPARTMENTS,IS SELF-INSURED FOR TORT LIABILITY CLAIMS. ALL
State of Washington CLAIMS MUST BE FILED WITH THE STATE OFFICE OF RISK
Fish and Wildlife MANAGEMENT FOR PROCESSING IN ACCORD WITH STATUTORY
ATTN: Theresa Walker REQUIREMENTS.
PO Box 43137
Olympia WA 98504-3137
.COVERAGES
THIS IS TO CERTIFY COVERAGE DESCRIBED BELOW IS PROVIDED TO THE INSURED NAMED ABOVE FOR THE PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE COVERAGE AFFORDED BY THE SELF-INSURANCE LIABILITY PROGRAM IS SUBJECT
TO ALL THE TERMS,EXCLUSIONS,AND CONDITIONS OF SUCH PROGRAM.
POLICY EFFECTIVE EXPIRATION
TYPE OF COVERAGE NUMBER DATE DATE LIMITS
GENERAL LIABILITY SeH-Insured Continuous Continuous BODILY INJURY,PROPERTY $5,000,000
® GENERAL LIABILITY DAMAGE&PERSONAL INJURY
OCCURRENCE COVERAGE" COMBINED EACH OCCURRENCE
®
AUTOMOBILE LIABILITY BODILY INJURY&PROPERTY $5,000,000
ANY AUTO DAMAGE COMBINED EACH
®ALL OWNED AUTOS ACCIDENT
❑SCHEDULED AUTOS
❑HIRED AUTOS
NON-OWNED AUTOS
WORKERS COMPENSATION AND STATUTORY
EMPLOYERS LIABILITY
OTHER
DESCRIPTION OF OPERATIONS ILOCATIONSNEHICLES/SPECLAL ITEMS: Coverage applies as respects tort liability claims against
the State of Washington as covered by the Tort Claims Act (RCW 4.92 et seq.) The Certificate Holder is named as
additional insured,but only as respects the negligence of the State of Washington.
CERTIFICATE HOLDER; CANCELLATION
CITY OF RENTON SHOULD THE SELF INSURANCE LIABILITY PROGRAM BE CANCELLED,THE
STATE OF WASHINGTON WILL ENDEAVOR TO 'MAIL 0 DAYS WRITTEN
ATTN: TERRY FLATLEY NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE
1055 SOUTH GRADY WAY TO MAIL SUCH NOTICE SHALL NOT IMPOSE ANY OBLIGATION OR LIABILITY
RENTON,WA 98057 UPON THE STATE OF WASHINGTON, ITS OFFICIALS, EMPLOYEES, AGENTS
OR REPRESENTATIVES.
AUTHORIZED REPRESENTAT VE:
CERTIFICATE NUMBER CRT 13-423 Lucy Isaki,State Risk Mana r
I