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HomeMy WebLinkAboutRes 0520 - Interlocal Agreement - Soils and Materials Testing Services FOLLOWS: WASHINGTON RESOLUTION NO. 520 Attest: RESOLUTION AUTHORIZING THE MAYOR AND THE PUBLIC WORKS DIRECTOR TO EXECUTE AN AGREEMENT WITH KING COUNTY DEPARTMENT OF PUBLIC WORKS FOR SOILS AND MATERIALS TESTING SERVICES. THE CITY COUNCIL OF THE CITY OF TUKWILA RESOLVE AS That the Mayor and the Public Works Director are hereby authorized to enter into an agreement with King County Public Works Department for soils and materials testing services. That a copy of said agreement is attached hereto and incorporated herein by reference. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, At a regular meeting thereof this 15th day of March 1976. Edgar D. Bauch Mayor WITNESSETH: A G R E E M E N T THIS AGREEMENT, made and entered into this l of March lg 76, by and between the COUNTY OF KING, WASHINGTON, hereinafter referred to as "COUNTY and CITY OF TUKWILA herein referred to as the "CUSTOMER WHEREAS, The Customer is desirous of contracting with the County for the performance of soils investigation and testing of roadway material within the boundary of the COUNTY OF KING and whereas the COUNTY OF KING is agreeable to rendering such services on the terms and conditions hereinafter set forth, and in consideration of the mutual covenants and agreements herein contained and pursuant to the laws of the State of Washington, in particular RCW 35.77.020 and RCW 35.77.030. IT IS, THEREFORE, covenanted and agreed as follows: 1. The County agrees, by and through its Director of Public Works, to perform for the Customer, soil investigations, pavement and other designs, and testing of road construction material as relating to the construction, repair and main- tenance of streets, or any other service listed bn the fee schedule supplied with this agreement, subject: to the general terms and conditions hereinafter set forth. Nothing herein contained shall be construed as in any way divesting the Customer of any of its powers with respect to the supervision, management, and control of streets within its boundaries. 2. The Customer hereby agrees to pay to the County the costs of the work performed by the County's Soils and Materials Laboratory according to the fee schedule for each individual service requested. Said fee schedule will be subject to change upon thirty (30) days notice. 3. It is further understood that all work contemplated by this agreement will be performed at the convenience of King County but within a reasonable time. 4. The Director of Public Works shall render to the Customer at the close of each calendar month an itemized statement covering all services performed during said month. The Customer shall pay the County within 30 days after receipt of such statement the full amount of the billing rendered. Notwithstanding anything in this paragraph to the contrary, the County may bill the Customer for the entire cost of any negotiated service at the completion thereof, and such cost will be paid within 30 days upon receipt of billing. 5. It is understood and agreed between the parties hereto that the Customer will hold the County and /or its employees harmless from all claims, losses, demands, actions or causes of action of any nature whatsoever by reason of the performance of this agreement by the County. The Customer further agrees to defend, at its own expense, the County in the event that any action is brought against the County as a result of any act or activity of the County or its agents or employees because of or in any way arising out of the work to be performed under this contract. 6. The Customer shall not be called upon to assume any liability for the direct payment of any salary, wages, or other compensation to any County personnel performing services hereunder for the Customer, or any liability other than that provided for in this agreement. The Customer shall not be liable for compensation or indemnity to any County employee for injury or sickness arising out of his employment on the Customer's property. 7. This agreement will be effective as of the date herein set forth and will continue until termination by either party upon thirty (30) days written notice. JLD /DAV /ma 12/01/71 CITY OF TUKWILA AGENCY REPRESENTATIVE i COUNTY OF KING MAYOR DIRECTOR OF PUBLIC WORKS