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RESOLUTION NO. 2 2 0 4
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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
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REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES AS FOLLOWS:
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8eotion 1. Pursuant to the Interlocal Cooperation Act
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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.
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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.
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CITY OF AUBURN
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25 MAYOR
Resolution No. 2204
September 30, 1992
Page 1
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ATTEST:
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Robin Wohlhueter,
? City Clerk
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]0 APPROVED AS TO FORM:
13 Stephen R. Shelton,
City Attorney
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R~olut~n No. 2204
September 30, 1992
Page2
III
ORIGINAL
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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,
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Pursuant to the Interlocal Cooperation Act codified as
RCW 39.34, this Agreement is made and entered into this day by
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and between the CITY OF AUBURN, hereinafter referred to as
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9 "AUBURN", and the CITY OF PACIFIC, hereinafter referred to as
"PACIFIC", to provide traffic signal maintenance services at
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11 Ellingson Road and "C" Street SW, also known as Ellingson Road
12 and 83rd Avenue South, hereinafter referred to as
13 "INTERSECTION".
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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
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lnter[0ca[ Agreement-Auburn - Pacific
September 30, 1~2
Page 1
I I I
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2 WHEREAS, PACIFIC will not have the organization and
$ personnel to provide certain street maintenance services at
the INTERSECTION for some time; and
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5 WHEREAS, PACIFIC desires to provide quality street
maintenance services for its residents; and
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7 WHEREAS, AUBURN is able to provide such street
maintenance services for PACIFIC; and
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9 WHEREAS, it is in the public interest and for the public
benefit that AUBURN and PACIFIC cooperate to provide safe and
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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.
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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.
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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).
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lnter[oca[ Agremt-A~rn - Ps¢|fi¢
Exhibit I'A" Re$o[uti~ #o. 2204
September 30, 1~2
Page 2
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E. Maintain pavement markings as shown per the signal
and channelization plans.
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$ F. Maintain signing as shown per the signal and
channelization plans per the "Manual on Uniform
Traffic Control Devices".
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2. AUBURN AND PACIFIC COORDINATION:
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AUBURN will identify a contact person to handle day-to-
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7 day operational problems related to Basic Services.
PACIFIC will identify a contact person for the same
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9 purposes. Emergency work to protect the public safety
will be handled as the AUBURN contact person deems
11 necessary.
3. PERSONNEL AND EOUIPMENT:
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13 A. AUBURN is acting herein as an independent contractor
so that:
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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.
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Exhibit "A" Reso[utJon #o. 225
SepTember 30,
Page 3
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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.
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B. Billing:
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The costs of services will be billed monthly. The
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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.
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5. PACIFIC'S RESPONSIBILITIES:
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In support of AUBURN providing Basic Services, PACIFIC
authorizes AUBURN to perform Basic Services within
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PACIFIC for the purposes of carrying out this Agreement;
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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.
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Interl0¢a[ Agreement-Au~u~n- Pacific
Exhibit "A" Resolution NO. 2204
September 30,
Page 4
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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~
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PACIFIC shall be named as an additional insured on the
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contractor's liability insurance. AUBURN shall provide
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PACIFIC with evidence of the contractor's liability
9 insurance showing PACIFIC named as an additional insured.
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8. NON-DISCRIMINATION:
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AUBURN and PACIFIC certify that both agencies are equal
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opportunity employers.
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9. AUDITS ~ND INSPECTIONS:
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Ail records and documents with respect to this Agreement
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shall be subject to inspection, review or audit by AUBURN
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or PACIFIC for the duration of this Agreement.
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10. AMENDMENTS:
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The Agreement may be amended in writing at any time by
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mutual agreement of both parties.
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11. ENTIRE AGREEMENT:
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The two parties agree that this Agreement is a complete
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expression of the terms hereto and any oral
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InterL~aL Agremnt-A~rn - Pacific
Exhibit "A" Resotuti~ Ho. 2204
S~tember30,1~2
Page 5
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2 representations or understandings are not incorporated
herein.
12. A~REEMENT ADMINISTI~TION:
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The parties shall appoint representatives to review
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6 Agreement performance and to resolve problems which
cannot be dealt with by AUBURN'S and PACIFIC's contact
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8 persons.
13. INVALID PROVISIONS:
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If any provision of this Agreement is held invalid, the
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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.
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20 IN WITNESS WHEREOF, the parties have executed this
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Intertoca[ Agreement-Au~rn - Pacific
Exhibit "A" Resolution No. 2204
September 30, 1~2
Page 6
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3 CITY OF AUBURN
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ATTEST:
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13 Robin Wohlhueter,
City Clerk
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APPROVED AS TO FO~:
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20 St . Shelton,
City Attorney
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%nter[oca{ Agremnt-A~rn - Pacific
Exhibit 'IA" Resolution No.
Septmr 30,
Page 7
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~ CITY OF PACIFIC
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--~ MAYOR
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ATTEST:
11
Do9%thy Spg~6~i,/ - -
]$ City Clerk~
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APPROVED AS TO FORM:
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20 a0d-P~ Kaseg~a,
City Attorney
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