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RESOLUTION NO. 3903
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND
CITY CLERK TO ENTER INTO AN INTERLOCAL AGREEMENT
WITH KING COUNTY ROAD SERVICES DIVISION FOR WORK
TO BE DONE ALONG OLSON CREEK IN AUBURN,
WASHINGTON
WHEREAS, RCW 39.34 establishes the authority for cities and counties to
enter into interlocal agreements as necessary to work together when an issue
requires a joint action of all parties concerned; and
WHEREAS, the City is desirous of contracting with the County for the
performance of certain work; and
WHEREAS, 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; and
WHEREAS, 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.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH
RESOLVES AS FOLLOWS:
Section 1. The Mayor is hereby authorized to execute an interlocal
agreement with King County, in substantial conformity with the agreement
attached hereto, marked as Exhibit "A" and incorporated herein by this reference.
Resolution No. 3903
August 31, 2005
Page 1 of 2
Section 2. 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 (OLt'- day of&&m \1Q/'Y ,2005.
ATTEST:
&uQt ik~J
Da . lie Daskam
City Clerk
Resolution No. 3903
August 31,2005
Page 2 of 2
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PETER B. LEWIS
MAYOR
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Return Address:
Auburn City Clerk
City of Auburn
25 West Main St.
Auburn, WA 98001
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RECORDER'S COVER SHEET
Document Title(s) (or transactions contained therein):
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Interlocal Agreement (Resolution No. 3903) >J "'1
Reference Number(s) of Documents assigned or released:
DAdditional reference #'s on page _ of document
Grantor(s)/Borrower(s) (Last name first, then first name and initials)
Auburn, City of
Grantee/Assignee/Beneficiary: (Last name first)
1, King County Road Services Division
Legal Description (abbreviated: i.e. lot, block, plat or section, township, range)
PER RCW 39.34
D Additional legal is on page of document.
Assessor's Property Tax Parcel/Account Number
N/A
D Assessor Tax # not yet assigned
umentls) W8I9 tl8dfor
Said dOC 'fie N~hWeSt 'Tit\e 88
~~~:on only. It haS ~ be80
examined as to proper executiOf' If
as to its affect upon title.
CITY OF AUBURN
KING COUNTY ROAD SERVICES DIVISION
INTERLOCAL AGREEMENT
THIS AGREEMENT made and executed this &:C-- day ofljilj;~
2005 between the City of Auburn, a municipal corporation of the State of
Washington, (hereinafter referred to as "the City") and Metropolitan King County,
a political subdivision of the State of Washington, acting through its King County
Road Services Division (hereinafter referred to as "the County"),
WITNESSETH:
WHEREAS, RCW 39,34 establishes the authority for cities and counties
to enter into inter-local agreements as necessary to work together when an issue
requires a joint action of all parties concerned; and
WHERAS, the City is desirous of contracting with the County for the
performance of certain work; and
WHEREAS, 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; and
WHEREAS, 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,
NOW, THEREFORE, in consideration of the mutual covenants contained
herein it is hereby agreed as follows:
1. Work
1.1 Scope of Work. The County Road Services Division shall perform
the work described on the attached Exhibit 1 and 2, 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
Interlocal Agreement
King County - City of Auburn
Page 1 of 7
agrees, the parties shall prepare an amended Scope of Work, which
will be attached hereto as Exhibit 3. The amended Scope of Work
shall bear the signature of the Road Services Division Director for the
County and the Mayor or designee 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.
3. 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 work performed
by the County. Administrative overhead costs shall be charged as a
percentage of direct labor costs and have been included into agreed
cost estimates contained in exhibits 1 and 2 (included).
3.2 BillinQ. 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 14 days of
the City's next payment processing procedure following 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
5.1 County Status, The County will act as a contractor only and will not
purport to represent the City professionally.
Interlocal Agreement
King County - City of Auburn
Page 2 of 7
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 TiminQ 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. Indemnification
Washington State law shall govern the respective liabilities of the parties to
this Agreement for any loss due to property damage or injury to persons
arising out of activities conducted pursuant to this Agreement.
8. 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.
9. Entire AQreement 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.
10. ' No ContinuinQ Services
Interlocal Agreement
King County - City of Auburn
Page 3 of 7
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.
11. No Third Party Riqhts
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.
12. 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.
Director, Kin Coun y
Department of Transportation
Date: :1 p:;z~.Oc;!S----
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Approved as to Form
Interlocal Agreement
King County - City of Auburn
Page 4 of 7
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Peter B. Lewis
Mayor
Date:
SEP 6 - 2005
Attest:
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Attachment: Exhibit 1 and 2, Scope of Work
Interlocal Agreement
King County - City of Auburn
Page 5 of 7
EXHIBIT 1
CITY OF AUBURN
SCOPE OF WORK
Proiect Description
Construct two access roads with drainage as per plan, a drainage swale, 75 tons
of fill to be placed in the orchard to direct drainage flow, and hydro seed areas
left bare. All work is per plan and at the direction of a representative of the City
of Auburn.
Proiect Schedule
This project described under Exhibit 1 will be completed Summer 2005.
Project Cost Estimate
The cost estimate is approximately $29,713.71 per the attachment. Per Section
3 of the Agreement, the City shall pay actual costs. If costs are projected to
exceed the cost estimate submitted ($29,713.71), then the County shall present,
in writing, a justification for the cost overrun and an estimate of what additional
funds are needed to complete the work. The City shall give the County written
approval prior to completing any work beyond the initial cost estimate.
Interlocal Agreement
King County - City of Auburn
Page 6 of 7
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EXHIBIT 2
CITY OF AUBURN
SCOPE OF WORK
Proiect Description
Remove invasive/non-native plants along a 100' (wide) swath, along 750 linear
feet and above the High Water mark of Olson Creek. All work is to be done on
City of Auburn property and waste materials will be hauled offsite to an approved
waste facility. All work is at the direction of a representative of the City of Auburn
per detailed scope of work provided by the City of Auburn.
Project Schedule
This project described under Exhibit 2 will be completed by October 1, 2005.
Proiect Cost Estimate
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The cost estimate is approximately $12,000. Per Section 3 of the Agreement,
the City shall pay actual costs. If costs are projected to exceed the cost estimate
submitted ($12,000.00), then the County shall present, in writing, a justification
for the cost overrun and an estimate of what additional funds are needed to
complete the work. The City shall give the County written approval prior to
completing any work beyond the initial cost estimate.
Interlocal Agreement
King County - City of Auburn
Page 7 of 7