14-020 - City of Kent - Briscoe-Desimone Levee Repair

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Flood Agreement No. G1300118 between the Washington State Department of Ecology and the King County Flood Control Zone District Project: Briscoe / Desimone Levee Improvements concurrent negligence of (a) the State, or the State's agents or employees and (b) the Recipient or the Recipient's agents or employees, the indemnity provisions provided in the preceding paragraphs of this section shall be valid and enforceable only to the extent of the Recipient's negligence or the negligence of its agents and employees. c. To the extent that the constitution and laws of the State of Washington permit, Recipient shall indemnify and hold harmless the State of Washington, its agencies, employees, and officers against any and all liability arising out of the continued operation, maintenance, or repair of the structures or works constructed, restored, repaired, maintained or improved as a result of this grant. If the structures or works for which this grant is received are portions of an integrated flood protection system, Recipient agrees to indemnify, defend and hold harmless the State of Washington, its agencies, employees, and officers against any and all liability arising out of the operation, maintenance, or repair of that integrated flood protection system; PROVIDED, however, that the indemnity provisions of this paragraph are not intended to and shall not be construed as a waiver by Recipient of any immunities conferred upon the Recipient by RCW 86.12.037 nor are they intended to, and they shall not be construed to, confer any rights upon third parties. This agreement applies to all non - negligent, non - contractually based claims including, but not limited to, inverse condemnation, contribution, indemnification, trespass and /or nuisance. 6. Quality Assurance Project Plans (QAPP): IF this project involves the collection of environmental measurement data, the Recipient needs to prepare a QAPP to ensure the consistent application of quality assurance principles to the planning and execution of all activities involved in generating this data. The plan shall be conducted in accordance with the DEPARTMENT's Guidelines for Preparing Quality Assurance Proiect Plans for Environmental Studies , current edition, (Ecology Publication No. 04- 03 -030) available at http: / /www.ecv.wa.gov /biblio /0403030.html The plan must describe the monitoring and data quality objectives, procedures, and methodologies which will be used to ensure that all environmental data generated will meet these requirements. The size and complexity of the plan should be cost effective and in proportion to the magnitude of the sampling effort. In developing the plan, the RECIPIENT may also reference Ecology's Technical Guidance for Assessing the Quality of Aquatic Environments, February 1994 (Ecology Publication No. 91 -78), available at http://www.ecy.wa.qov/biblio/9178.html. The QAPP report shall be limited to a concise description of the environmental measurement aspects of this project. Ecology's Project Officer shall review and approve this plan prior to initiation of work. The QAPP plan may describe the following elements: • Assumptions that direct the collection and analysis; • Resources used (such as flights for aerial photos); • Resource documents that will be consulted; • Field methods employed; • Office methods employed; • Training level of staff involved in data collection and analysis; • Equipment / materials to be used and accurate calibration assurance. 7. Coordination with Ecology's Geographical Information System (GIS): IF this project involves developing GIS data, the Recipient shall coordinate with Ecology's GIS office Page 8 of 24