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HomeMy WebLinkAboutKing County Road Services Division (RES 4330)74-, :3 • 9 l~ INTERAGENCY AGREEMENT FOIZ WOItK TO BE PERFORMED KING COUNTY ROAD SERVICES DIVISION t ,r! e THIS AGREEMENT is made and entered into by and between King County ("the County") and the City of Auburn, ("the City"). RECITALS A. The City is desirous of contracting with the County for the performance of certain work. B. 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. C. 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. AG1tEEMENT NOW, THEREFORE, the parties agree as follows: Work 1.1 Scope of Work. The County Road Services Division shall perform the work described on the attached Exhibit 1, 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 agrees, the parties shall prepare an amended Scope of Work, which will be attached hereto as Exhibit 2. The amended Scope of Work shall bear the signature of the Road Services Division Director for the County and City En ig, neer 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 be for all purposes employees of the County; b. Control of County personnel standards of performance, diseipline, and all other aspects of cmployment shall be governed entirely by the County. 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 wark performed by the County. Administrative overhead costs shall be charged as a percentage of direct labor costs. 3.2 Billin . 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 30 days of the City's receipt of said invoice. 4. Pertnits 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. County Responsibilities 5.1 Coun , 5tatus. The County will act as a contractor only and will not purport to represent the City professionally. 5.2 Countv 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 Scopeot 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 sums 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 coinmences. 7. Force Majeure The County's performance under this Agreement shall be excused during any period of force majeure. Force majeure is defined as any condition that is beyond the reasonable control of the County, including but not limited to, natural disaster, severe weather conditions, contract disputes, labor disputes, epidemic, pandemic, delays in acquiring right- of-way or other necessary property or interests in property, permitting delays, or any other delay resulting from a cause beyond the reasonable control of the County. 8. Liabili The City and the Count,y agree to defend, indemnify and hold harmless each other, their respective officials, agents and employees, from and against any and all claims, damages, injuries, liabilities, actions, fines, penalties, costs and expenses (including reasonable attorney fees) that arise out of or are related to the negligent acts or omissions of the indemnifying party (and its officials, agents, employees acting within the course and scope of their employment and in the performance of said party's obligations under this Agreement or the exercise of a party's rights and privileges under this Agreement. In the event any such liability arises from the concurrent negligence of the indemnifying party and the other party, or any of their respective actors, the indemnity obligation of this section shall apply only to the extent of the negligence of the indemnifying party and its actors. The foregoing provisions specilically and expressly intend to constitute a waiver of each party's immunity under industrial insurance, Title 51 RCW, as respects the other party only, and only to the extent necessary to provide the indemnified party with a full and complete indemnity of claims made by the indemnitor's employees. This waiver has been mutually negotiated. 9. 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) ycars thereafter. 10. 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, writien agreement between the parties, provided that the Scope of Work may be amended as described in Section 1.2 above. 11. No Continuiny, Services 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. 12. No Third Party 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. 13. Waiver of Breach Waiver of any breach of any provision of this Agreemcnt shall not be deemed to be a waiver of any prior ar subsequent breach and shall not be construed to be a modification of the terms of this Agreement. 14. Headings The headings in this Agreement are for convenience only and do not in any way limit or amplify the provisions of this Agreement, 15. 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 executcd this Agreement effective as of the date last written below. KING COUNTY Linda Doughery, Divisio irec • Road Services Divisio Date Approved as to form for use in 2008 Dennis C. McMahon Senior Deputy Prosecuting Attorney Attachment: Exhibit l, Scope of Work Title Da e EXHIBIT 1 Scone of Work The City requests citywide striping and thermoplastic services in 2008. The City will identify specific locations that will be striped twice in 2008. Locations for thermoplastics will also be provided by the City. Project Schedule ➢ Since striping and thermoplastics are weather dependent services, specific scheduling date(s) will be mutually determined between the City representative, Scott Nutter and the County representative, George Dudley. Project Cost Estimate ➢ Without an accurate inventoiy of both striping and thermoplastics in the City, the County is unable to provide a cost estimate. ➢ The City's budget for both striping and thermoplastics is $110,000. ➢ The County will therefore do approximately $110,000 worth of striping and thermoplastics. ➢ The City agrees that the County can not guarantee that all striping and thermoplastics in the City can be accomplished within the City's budget. ➢ If the County can not accomplish all the citywide striping and thermoplastics within the City's budget, the City may increase the budget necessary to complete the requested work.