HomeMy WebLinkAboutITEM VIII-B-3CtTY OF~,
AGENDA BILL APPROVAL FORM
WASH[NGTON
Agenda Subject:
Date:
Resolution No. 4478
Ma 4, 2009
Department:
Attachments: Resolution No. 4478,
Budget Impact:
Public Works
A reement
$150,000.00
Administrative Recommendation:
City Council adopt Resolution No. 4478.
Background Summary:
Resolution No. 4478 authorizes the Mayor and Ci
ty Clerk to execute an Interagency Agreement for
services between the City of Auburn and King County to complete citywide pavement marking
improvements
W0504-4
A1.3
Reviewed by Council & Committees:
Reviewed by Departments & Divisions:
❑ Arts Commission COUNCIL COMMITTEES:
❑ Building ❑ M&O
❑ Airport 0 Finance
❑ Cemetery ❑ Mayor
❑ Hearing Examiner ❑ Municipal Serv.
❑ Finance ❑ Parks
❑ Human Services p Planning & CD
❑ Fire O Planning
❑ Park Board 0 Public Works
ED Legal ❑ Police
❑ Planning Comm. ❑ Other
0 Public Works ❑ Human Resources
❑ Information Services
Action:
Committee Approval: ❑Yes ❑No
Council Approval: ❑Yes ❑No
Call for Public Hearing
Referred to Until
Tabled Until
Councilmember: Wa ner
Staff: Dowd
Meetin Date: Ma 4, 2009
Item Number: VI11.6.3
AUBURN * MoRE TxAN Yov IMRGrNED
RESOLUTION NO. 4478 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, AUTHORIZING THE
MAYOR AND CITY CLERK 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 antl 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 CDUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. The Mayor is hereby authorized to execute an Interlocal
Agreement with King County, in substantial conformity with the agreement
Resolution No. 4478
May 4, 2009
Page 1
attached hereto, marked as Exhibit "A" and incorporated herein by this
reference.
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 , 2009.
CITY OF AUBURN
PETER B. LEWIS
MAYOR
ATTEST:
Danielle E. Daskam,
City Clerk
City Attorn
Resolution No. 4478
May 4, 2009
Page 2
APPROVED AS TO FORM:
Exhibit "A"
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 Customer").
RECITALS
A. The Customer 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 Customer at the Customer'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 Customer 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 Wark, 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 for the Customer, authorizing the
amended wark.
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.
Resolution No. 4478
Exhibit "A"
May 4, 2009
Page 1 of 5
3. Compensation
3.1 Costs. The Customer shall pay the County far 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 Billinfz• The County will bill the Customer 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 Customer's receipt of said invoice.
4. Permits
The Customer is responsible for obtaining any permits or other autharizations that may be
necessary far the County to perform the work under this Agreement.
5. County Responsibilities
5.1 Countv Status. The County will act as a contractor only and will not purport to
represent the Customer professionally.
5.2 County Performance. The County shall perform the work requested by the Customer
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 Customer in the Scope of Work
53 Timing of Work. The County will make every effort to recognize pertinent
Customer deadlines for completion of the requested work, and will notify the
Customer 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 wark and payment of all sums due hereunder, provided that either parly
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
Resolution No. 4478
Exhibit "A"
May 4, 2009
Page 2 of 5
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.
Liabili
The Customer 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 Customer 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 priar 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
Resolution No. 4478
Exhibit "A"
May 4, 2009
Page 3 of 5
Nothing contained herein is intended to, nor shall be construed to, create any rights in any
third party, ar 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 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
Linda Doughery, Division Director
Road Services Division
Customer
Signature
Date
Approved as to form for use in 2009
John Briggs
Senior Deputy Prosecuting Attorney
Attachment: Exhibit 1, Scope of Work
Title
Dat
A v~
Da
niel B. Heid
City Attorney
Resolution No. 4478
Exhibit "A°
May 4, 2009
Page 4 of 5
EXHIBIT 1
Scope of Work
The Customer requests citywide striping, raised pavement markings (RPMs) and thermoplastics
services in 2009. The Customer will identify specific locations that will be striped twice in
2009. Locations for thermoplastics and raised pavement markings will also be provided by the
Customer.
Proiect Schedule
➢ Since striping, RPMs and thermoplastics installations are weather dependent services,
specific scheduling date(s) will be mutually determined between the Customer
representative, Pablo Para and the County representative, George Dudley.
Project Cost Estimate
➢ Without an accurate inventory of striping, RPMs and thermoplastics in the City, the
County is unable to provide a cost estimate.
➢ The Customer's budget for these services is $150,000.
➢ The County will therefore do approximately $150,000 worth of striping, RPMs and
thermoplastics.
➢ The Customer agrees that the County can not guarantee that all striping, RPMs and
thermoplastics in the City can be accomplished within the Customer's budget.
➢ If the County can not accomplish all the citywide striping, RPMs and thermoplastics
within the Customer's budget, the Customer may increase the budget necessary to
complete the requested work.
Resolution No. 4478
Exhibit "A°
May 4, 2009
Page 5 of 5