HomeMy WebLinkAboutITEM VIII-B-2
A TY OF
DBURN AGENDA BILL APPROVAL FORM
WASHINGTON
Agenda Subject: Date:
Resolution No. 4330 May 12, 2008
Department: Attachments: Budget Impact:
Public Works Resolution No. 4330 $43,235
Administrative Recommendation:
City Council adopt Resolution No. 4330.
Background Summary:
Resolution No. 4330 authorizes the Mayor and City Clerk to execute an Interagency Agreement for
services between the City of Auburn and King County to complete the bridge repairs to the 15th street NW
/ UPRR bridge.
This Interagency Agreement with King County would allow the City to use King County Roads services for
the bridge rail repair on 15th Street NW which is required because of the cost of the repairs.
A budget adjustment in the amount of $43,235 in the Engineering General Fund will be required this year
to fund this work.
W0519-6
A1.3, 04.9.7
Reviewed by Council & Committees: Reviewed by Departments & Divisions:
? Arts Commission COUNCIL COMMITTEES: ? Building ? M&O
? Airport ® Finance ? Cemetery ? Mayor
? Hearing Examiner ? Municipal Serv. ? Finance ? Parks
? Human Services ? Planning & CD ? Fire ? Planning
? Park Board ®Public Works ? Legal ? Police
? Planning Comm. ? Other ? Public Works ? Human Resources
? Information Services
Action:
Committee Approval: ?Yes ?No
Council Approval: ?Yes ?No Call for Public Hearing _J /_
Referred to Until /
Tabled Until -I-/-
ember: Wagner Staff: Dowd
Meeting Date: May 19, 2008 Item Number: VIII.B.1
AUBURN *MORE THAN YOU IMAGINED
RESOLUTION NO.4 3 3 0
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, AUTHORIZING THE
MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT
WITH KING COUNTY FOR THE PURPOSE OF
PROVIDING ROAD SERVICES
WHEREAS, the City owns public roads and traffic devices which require
maintenance and/or other improvements; and
WHEREAS, the City wishes the County Road Services Division to provide
or perform certain services for the City; and
WHEREAS, the parties can achieve cost savings and benefits in the
public's interest by having the County complete those services for the City at the
City's expense; and
WHEREAS, this Agreement establishes the City's role and responsibilities
as the recipient of such services and the County's role and responsibilities as the
provider of such services; and
WHEREAS, the parties are authorized by RCW Chapter 39.34 to enter into
an interlocal cooperation agreement of this nature.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. The Mayor is hereby authorized to execute a Interlocal
Agreement with King County, in substantial conformity with the agreement
Resolution No. 4330
March 10, 2008
Page 1
Section 2. That 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 , 2008.
CITY OF AUBURN
PETER B. LEWIS
MAYOR
ATTEST:
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
aniel B. Heid,
City Attorney
Resolution No. 4330
May 12, 2008
Page 2
INTERAGENCY AGREEMENT FOR WORK TO BE PERFORMED BY
KING COUNTY ROAD SERVICES DIVISION
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.
AGREEMENT
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 Dennis Selle, City Engineer 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, discipline; and all
other aspects of employment shall be governed entirely by the County.
Compensation
Resolution No. 4330
May 12, 2008
Page 1 @f55
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.
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 30 days of the City's 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
to
5.1 Coln Status. The County will act as a contractor only and will not purport
represent the City professionally.
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 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 commences.
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.
Resolution No. 4330
May 12, 2008
Page 2 of 5
Liabili
The City and the County 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 specifically 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) years 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, written agreement between the parties, provided that the Scope of
Work may be amended as described in Section 1.2 above.
11. No Continuing; 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.
Resolution No. 4330
May 12, 2008
Page 3 of 5
13. Waiver of Breach
Waiver of any breach of any provision of this Agreement shall not be deemed to be a waiver
of any prior or 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 executed this Agreement effective as of the date last
written below.
KING COUNTY
City
Linda Doughery, Division Director Signature
Road Services Division
Date Title
Date
Approved as to form for use in 2008
Dennis C. McMahon
Senior Deputy Prosecuting Attorney
Attachment: Exhibit 1, Scope of Work
Resolution No. 4330
May 12, 2008 4
Page 4 of 5
EXHIBIT 1
SCOPE OF WORK
• Repair bridge rail damage to Auburn Bridge No. 4 per attached design and sketch.
• The cost estimate is approximately $43,235.00 per the attached cost estimate details.
• The work schedule will be determined after the agreement has been signed and
executed.
Resolution No. 4330
May 12, 2008
Paste 5 of 5