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HomeMy WebLinkAbout09-06-2005 ITEM VIII-B-6Ali w. WASHING ION AGENDA BILL APPROVAL FORM Agenda Subject: Date: Interlocal Agreement with Kin Count for Olson Creek Improvements Au ust 31, 2005 Department: Attachments: Budget Impact: $50,000 Planning and Community Dev. Draft Resolution No. 3903 Administrative Recommendation: City Council adopt Resolution No. 3903. Background Summary: The City of Auburn was awarded two grants this year (KCD ($32,000) & Waterworks ($50,000)) totaling $82,000.00. This money has been designated towards design work as well as on the ground improvements along Olson Creek. This resolution will allow for an Interlocal agreement to be: executed between the City of Auburn and the King County Road Services Division in order to complete: the on the ground improvements. L0906-7 05.1.2, A1.3 eviewed by Council & Committees: evlewe y epartmen s & Divisions: Arts Commission COUNCIL COMMITTE S: Building M&O AirportFinance Cemetery Mayor Hearing Examiner Municipal Serv. Finance Parks Human Services E Planning & CD Fire Planning Park Board LJPublic Works Planning Comm. Other Legal Police Public Works Human Resources Action: Committee Approval: YesNo Council Approval: Yes No Call for Public Hearing Referred to Until / / Tabled UntiF— T 7— Councilmember: Norman Staff: Krauss Meeting Date: August 22, 2005 1 Item Number: VIII.B.6 AUBURN* MORE THAN YOU IMAGINED RESOLUTION NO. 3903 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL AGREEMENT WITH KING COUNTY ROAD SERVICES DIVISION FOR WORK TO BE DONE ALONG OLSON CREEK IN AUBURN, WASHINGTON WHEREAS, RCW 39.34 establishes the authority for cities and counties to enter into interlocal agreements as necessary to work together when an issue requires a joint action of all parties concerned; and WHEREAS, the City is desirous of contracting with the County, for the performance of certain work; and WHEREAS, the County is agreeable to performing the work on the terms and conditions hereinafter set forth and in consideration of the mutual covenants and agreements herein contained; and WHEREAS, the parties can achieve cost savings and benefits in the public's interest by having the County perform the work for the City at the City's expense. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES AS FOLLOWS: Section 1. The Mayor is hereby authorized to execute an interlocal agreement with King County, in substantial conformity with the agreement attached hereto, marked as Exhibit "A" and incorporated herein by this reference. Resolution No. 3903 August 31, 2005 Page 1 of 2 Section 2. The Mayor is authorized to implement such other administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. That this Resolution shall take effect and be in full force upon passage and signatures hereon. DATED and SIGNED this day of , 2005. CITY OF AUBURN PETER B. LEWIS MAYOR ATTEST: Danielle Daskam City Clerk Resolution No. 3903 August 31, 2005 Page 2 of 2 CITY OF AUBURN KING COUNTY ROAD SERVICES DIVISION INTERLOCAL AGREEMENT THIS AGREEMENT made and executed this day of 2005 between the City of Auburn, a municipal corporation of the State of Washington, (hereinafter referred to as "the City") and Metropolitan King County, a political subdivision of the State of Washington, acting through its King County Road Services Division (hereinafter referred to as "the County"), WITNESSETH: WHEREAS, RCW 39.34 establishes the authority for cities and counties to enter into inter -local agreements as necessary to work together when an issue requires a joint action of all parties concerned; and WHERAS, the City is desirous of contracting with the County for the performance of certain work; and WHEREAS, the County is agreeable to performing the work on the terms and conditions hereinafter set forth and in consideration of the mutual covenants and agreements herein contained; and WHEREAS, the parties can achieve cost savings and benefits in the public's interest by having the County perform the work for the City at the City's expense. NOW, THEREFORE, in consideration of the mutual covenants contained herein it is hereby agreed as follows: 1. Work 1.1 Scope of Work. The County Road Services Division shall perform the work described on the attached Exhibit 1 and 2, Scope of Work. 1.2 Modification of Work. If the City desires to modify the work requested, it shall notify the County of that desire. If the County Interlocal Agreement King County — City of Auburn Page 1 of 7 agrees, the parties shall prepare an amended Scope of Work, which will be attached hereto as Exhibit 3. The amended Scope of Work shall bear the signature of the Road Services Division Director for the County and the Mayor or designee for the City, authorizing the amended work. 2. County Personnel Standards The County is acting hereunder as an independent contractor so that: a. County employees performing work hereunder shall ibe for all purposes employees of the County; b. Control of County personnel standards of performance, discipline, and all other aspects of employment shall be governed entirely by the County. 3. Compensation 3.1 Costs. The City shall pay the County for actual costs (direct labor, employee benefits, equipment rental, materials and supplies, utilities, permits, and administrative overhead costs) for the work performed by the County. Administrative overhead costs shall be charged as a percentage of direct labor costs and have been included into agreed cost estimates contained in exhibits 1 and 2 (included). 3.2 Billing. The County will bill the City for the cost of work performed. The bill will reflect actual costs and administrative overhead, as described in Section 3.1 above. Payments are due within 14 days of the City's next payment processing procedure following receipt of said invoice. 4. Permits The City is responsible for obtaining any permits or other authorizations that may be necessary for the County to perform the work under this Agreement. 5. County Responsibilities 5.1 County Status. The County will act as a contractor only and will not purport to represent the City professionally. Interlocal Agreement King County — City of Auburn Page 2 of 7 5.2 County Performance. The County shall perform the work requested by the City as described in the Scope of Work. The County will furnish all necessary labor, supervision, machinery, equipment, materials, and supplies to perform the work requested by the City in the Scope of Work 5.3 Timing of Work. The County will make every effort to recognize pertinent City deadlines for completion of the requested work, and will notify the City of any hardship or other inability to perform the work requested, including postponement of work due to circumstances requiring the County to prioritize its resources toward emergency - related work. 6. Duration This Agreement is effective upon signature by both parties, and shall remain in effect until completion of the work and payment of all swims due hereunder, provided that either party may terminate this Agreement by a written notice received by the other party at least five business days before the work commences. 7. Indemnification Washington State law shall govern the respective liabilities of the parties to this Agreement for any loss due to property damage or injury to persons arising out of activities conducted pursuant to this Agreement. 8. Audits and Inspections The records and documents pertaining to all matters covered by this Agreement shall be retained and be subject to inspection, review or audit by the County or the City during the term of this Agreement and for (three (3) years thereafter. 9. Entire Agreement and Amendments This Agreement contains the entire agreement of the parties hereto and supersedes any and all prior oral or written representations or understandings. This Agreement may only be amended by mutual, written agreement between the parties, provided that the Scope of Work may be amended as described in Section 1.2 above. 10. No Continuing Services Interlocal Agreement King County — City of Auburn Page 3 of 7 This Agreement is valid only for an individual work item, as specified in the Scope of Work. Ongoing services require an Interlocal agreement pursuant to Chapter 39.34 RCW. 11. No Third Partv Rights Nothing contained herein is intended to, nor shall be construed to, create any rights in any third party, or to form the basis for any liability on the part of the parties to this Agreement, or their officials, officers, employees, agents or representatives, to any third party. 12. Invalid Provisions If any provision of this Agreement shall be held invalid, the remainder of the Agreement shall not be affected if such remainder would then continue to serve the purposes and objectives of the parties. IN WITNESS WHEREOF, the parties have executed this Agreement effective as of the date last written below. KING COUNTY Director, King County Department of Transportation Date: Approved as to Form Senior Deputy Prosecuting Attorney Interlocal Agreement King County — City of Auburn Page 4 of 7 CITY OF AUBURN Peter B. Lewis Mayor Date: Attest: Danielle Daskam, City Clerk Attachment: Exhibit 1 and 2, Scope of Work Interlocal Agreement King County — City of Auburn Page 5 of 7 EXHIBIT 1 CITY OF AUBURN SCOPE OF WORK Project Description Construct two access roads with drainage as per plan, a drainage swale, 75 tons of fill to be placed in the orchard to direct drainage flow, and hydro seed areas left bare. All work is per plan and at the direction of a representative of the City of Auburn. Proiect Schedule This project described under Exhibit 1 will be completed Summer 2005. Proiect Cost Estimate The cost estimate is approximately $29,713.71 per the attachment. Per Section 3 of the Agreement, the City shall pay actual costs. If costs are projected to exceed the cost estimate submitted ($29,713.71), then the County shall present, in writing, a justification for the cost overrun and an estimate of what additional funds are needed to complete the work. The City shall give the County written approval prior to completing any work beyond the initial cost estimate. Interlocal Agreement King County — City of Auburn Page 6 of 7 EXHIBIT 2 CITY OF AUBURN SCOPE OF WORK Proiect Description Remove invasive/non-native plants along a 100' (wide) swath, along 750 linear feet and above the High Water mark of Olson Creek. All work is to be done on City of Auburn property and waste materials will be hauled offsite to an approved waste facility. All work is at the direction of a representative of the City of Auburn per detailed scope of work provided by the City of Auburn. Proiect Schedule This project described under Exhibit 2 will be completed by October 1, 2005. Proiect Cost Estimate The cost estimate is approximately $12,000. Per Section 3 of the Agreement, the City shall pay actual costs. If costs are projected to exceed the cost estimate submitted ($12,000.00), then the County shall present, in writing, a justification for the cost overrun and an estimate of what additional funds are needed to complete the work. The City shall give the County written approval prior to completing any work beyond the initial cost estimate. Interlocal Agreement King County — City of Auburn Page 7 of 7