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HomeMy WebLinkAbout2204 1 RESOLUTION NO. 2 2 0 4 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, $ WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK OF THE CITY OF AUBURN TO ENTER INTO AN INTERLOCAL AGREEMENT WITH THE CITY 4 OF PACIFIC FOR MAINTENANCE SERVICES AT ELLINGSON ROAD AND "C" STREET S.W. ALSO KNOWN AS ELLINGSON ROAD AND 83RD AVENUE 5 SOUTH. THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A 7 REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES AS FOLLOWS: 8 8eotion 1. Pursuant to the Interlocal Cooperation Act 9 codified as Chapter 39.34 RCW, the Mayor and City Clerk are hereby authorized to enter into an interlocal agreement with the City of Pacific for maintenance services at Ellingson Road and "C" Street SW, also known as Ellingson Road and 83rd lS Avenue. A copy of said Interlocal Agreement is denominated Exhibit "A", attached hereto, and incorporated herein. 15 Section 2. The Mayor is hereby authorized to implement 17 such administrative procedures as may be necessary to carry out the directives of this legislation. DATED and SIGNED this 5th day of October, 1992. 19 2O CITY OF AUBURN 22 24 25 MAYOR Resolution No. 2204 September 30, 1992 Page 1 1 2 ATTEST: 4 Robin Wohlhueter, ? City Clerk 8 9 ]0 APPROVED AS TO FORM: 13 Stephen R. Shelton, City Attorney ]4 18 ]9 20 23 24 25 26 R~olut~n No. 2204 September 30, 1992 Page2 III ORIGINAL 2 AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF AUBURN AND THE CITY OF PACIFIC FOR MAINTENANCE SERVICES AT ELLINGSON ROAD "C" STREET SW, ~LSO KNOWN AS ELLINGSON ROAD AND 83RD AVENUE SOUTH, 4 5 Pursuant to the Interlocal Cooperation Act codified as RCW 39.34, this Agreement is made and entered into this day by 7 and between the CITY OF AUBURN, hereinafter referred to as 8 9 "AUBURN", and the CITY OF PACIFIC, hereinafter referred to as "PACIFIC", to provide traffic signal maintenance services at ]0 11 Ellingson Road and "C" Street SW, also known as Ellingson Road 12 and 83rd Avenue South, hereinafter referred to as 13 "INTERSECTION". 14 15 WHEREAS, the Boeing Company is installing and ]6 constructing a traffic signal, street lighting and 17 intersection revisions (traffic improvement, DWG No. 117-TS- 18 200) at the INTERSECTION in connection with a development 19 project; and 20 WHEREAS, AUBURN and PACIFIC are responsible for the 21 maintenance of street improvements within their respective 22 city limits; and 25 lnter[0ca[ Agreement-Auburn - Pacific September 30, 1~2 Page 1 I I I 1 2 WHEREAS, PACIFIC will not have the organization and $ personnel to provide certain street maintenance services at the INTERSECTION for some time; and 4 5 WHEREAS, PACIFIC desires to provide quality street maintenance services for its residents; and 6 7 WHEREAS, AUBURN is able to provide such street maintenance services for PACIFIC; and 8 9 WHEREAS, it is in the public interest and for the public benefit that AUBURN and PACIFIC cooperate to provide safe and lO 11 effective street maintenance services. 12 NOW THEREFORE, AUBURN and PACIFIC hereby agree as 13 follows: 14 1. BASIC SERVICES: 15 AUBURN shall provide the following maintenance services 16 for the traffic improvements at the INTERSECTION: 17 A. Locate underground traffic facilities for utilities or other digging operations. 18 B. Operate and maintain the traffic signal to insure 19 its function as originally designed or as a traffic signal modification mutually agreed upon hereafter. 20 C. Maintain the four street light luminaries as 21 designed at the INTERSECTION. 22 D. Pay one-half of the energy costs. (PACIFIC will pay the second half). 23 24 25 lnter[oca[ Agremt-A~rn - Ps¢|fi¢ Exhibit I'A" Re$o[uti~ #o. 2204 September 30, 1~2 Page 2 I I I ! E. Maintain pavement markings as shown per the signal and channelization plans. 2 $ F. Maintain signing as shown per the signal and channelization plans per the "Manual on Uniform Traffic Control Devices". 4 2. AUBURN AND PACIFIC COORDINATION: 5 AUBURN will identify a contact person to handle day-to- 6 7 day operational problems related to Basic Services. PACIFIC will identify a contact person for the same 8 9 purposes. Emergency work to protect the public safety will be handled as the AUBURN contact person deems 11 necessary. 3. PERSONNEL AND EOUIPMENT: 12 13 A. AUBURN is acting herein as an independent contractor so that: 14 1. Control of personnel standards of performance, 15 discipline, and all other aspects of performance shall be governed entirely by 1~ AUBUI~T. 17 2. Except as described in Sections 3.C. below, all persons rendering services hereunder shall be 18 for all purposes employees of AUBURN. 19 B. AUBURN shall furnish all personnel, resources, and materials deemed by AUBURN as necessary to provide 20 maintenance services as outlined in Section 1 above. 21 C. In the event AUBURN uses contract services to perform one or more of the Basic Services, the 22 appropriate supervision and inspection of the contractor's work will be performed by AUBURN. 23 24 25 Exhibit "A" Reso[utJon #o. 225 SepTember 30, Page 3 ! 4. COMPENSATION: 2 A. Costs: For Basic Services provided by AUBURN as set forth 4 herein, PACIFIC promises to pay AUBURN one-half of the actual costs of the Basic Services (including direct labor, indirect labor, employee benefits, 5 equipment rental, materials and supplies, and utilities). AUBURN shall provide PACIFIC on a monthly basis with a detailed breakdown of the actual costs for the prior month. 7 B. Billing: 8 The costs of services will be billed monthly. The 9 monthly bill will reflect one-half of the actual costs. Payment is due within 45 days from date of ]0 invoice. C. Extraordinary Costs: PACIFIC shall be responsible for any extraordinary costs resulting from PACIFIC's decision to modify services. 14 5. PACIFIC'S RESPONSIBILITIES: 15 In support of AUBURN providing Basic Services, PACIFIC authorizes AUBURN to perform Basic Services within 17 PACIFIC for the purposes of carrying out this Agreement; 18 6. INDEMNIFICATION: A. AUBURN will hold harmless and indemnify PACIFIC and 20 its officer, agents and employees from any and all suits, claims, costs demands, obligations and 21 liabilities of any kind or nature arising from any willful or negligent actions or omissions of any 22 officer, agent or employee of Agreement. 24 25 Interl0¢a[ Agreement-Au~u~n- Pacific Exhibit "A" Resolution NO. 2204 September 30, Page 4 I I 1 B. PACIFIC will hold harmless and indemnify AUBURN and its officers, agents and employees from any and all 2 suits, claims, costs demands, obligations and liabilities of any kind or nature arising from any 3 willful or negligent actions or omissions of any 4 Agreement.°fficer' agent or employee of[~c-~ under this 7. INSURANCE~ 6 PACIFIC shall be named as an additional insured on the 7 contractor's liability insurance. AUBURN shall provide 8 PACIFIC with evidence of the contractor's liability 9 insurance showing PACIFIC named as an additional insured. ]0 8. NON-DISCRIMINATION: 1! AUBURN and PACIFIC certify that both agencies are equal 12 opportunity employers. 13 9. AUDITS ~ND INSPECTIONS: 14 Ail records and documents with respect to this Agreement ]5 shall be subject to inspection, review or audit by AUBURN 16 or PACIFIC for the duration of this Agreement. 17 10. AMENDMENTS: 18 The Agreement may be amended in writing at any time by 19 mutual agreement of both parties. 20 11. ENTIRE AGREEMENT: 21 The two parties agree that this Agreement is a complete 22 expression of the terms hereto and any oral 23 24 25 InterL~aL Agremnt-A~rn - Pacific Exhibit "A" Resotuti~ Ho. 2204 S~tember30,1~2 Page 5 I I I ! 2 representations or understandings are not incorporated herein. 12. A~REEMENT ADMINISTI~TION: 4 The parties shall appoint representatives to review 5 6 Agreement performance and to resolve problems which cannot be dealt with by AUBURN'S and PACIFIC's contact 7 8 persons. 13. INVALID PROVISIONS: 9 If any provision of this Agreement is held invalid, the 10 1] remainder of the Agreement shall not be affected thereby 12 if such remainder would then continue to serve the ]$ purpose and objective of the parties. 14 14. TERMINATION= 15 This Agreement may be terminated by either party ]6 effective at the ~nd of any calendar year by serving 17 written notice to the other party by July 1 of that same 18 calendar year. 19 20 IN WITNESS WHEREOF, the parties have executed this 22 25 24 25 Intertoca[ Agreement-Au~rn - Pacific Exhibit "A" Resolution No. 2204 September 30, 1~2 Page 6 I I I 1 2 3 CITY OF AUBURN 4 5 7 8 ATTEST: ]1 13 Robin Wohlhueter, City Clerk ]4 APPROVED AS TO FO~: 17 20 St . Shelton, City Attorney 25 %nter[oca{ Agremnt-A~rn - Pacific Exhibit 'IA" Resolution No. Septmr 30, Page 7 I I I 1 2 ~ CITY OF PACIFIC 4 --~ MAYOR 7 8 9 ATTEST: 11 Do9%thy Spg~6~i,/ - - ]$ City Clerk~ ]4 15 ]6 APPROVED AS TO FORM: 17 20 a0d-P~ Kaseg~a, City Attorney 2! 23 24 25 ~ ...................................... P~ge 8