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HomeMy WebLinkAboutKing County Road Services Division, ::s .A3 ? 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: 1. 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 Work, which will be attached hereto as Exhibit 2. The amended Scope of Work shall bear the signature of the Road Services Division Directar for the County and the Director of Public Works for the Customer, 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 Page I of 5 3.1 Costs. The Customer 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 Billin . 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 authorizations that may be necessary for the County to perform the work under this Agreement. County Responsibilities 5.1 Coun . Status. The County will act as a contractor only and will not purport to represent the Customer professionally. 5.2 Coun _ty 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 5.3 Timing of Wark. 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 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 Page 2 of 5 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 parly 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 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 R='hts 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. 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. Headins 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 Dougherty, c,s Road Services Division te Customer r-- 1 r~ o-t 0~J r1'~ -r ~o ~Ia ~ 09 Date (-j-\ C~ Approved as to form for use in 2009 John Briggs Senior Deputy Prosecuting Attorney Attachment: Exhibit 1, Scope of Work ro as to form ~ Daniel B. Heid City Attorney Page 4 of 5 ~ t',, t-, , Title EXHIBIT 1 Scope of Work The Customer requests bridge debris removal services at the (AUB-1) "R" Street SE and (AUB- 17) "A" Street SE bridges. Site 1 - Auburn 1 The scope of work at Auburn 1-"R" Street Bridge consists of removing large woody debris accumulated at piers 2 and 3, both are located in the river channel. The crews on site will free the accumulated debris and reintroduce it into the system allowing the debris to naturally drift down stream. The larger debris will be reduced in size (if needed), removed from site and stored at a facility where it can be used at mitigation sites or for future bank restoration. The County has already obtained the signed Concurrence documents from WDFW for the woody debris removal. The Customer is responsible for signage and traffic control during the removal process. Site 2 - Auburn 17 Auburn 17 is located on "A" Street over the Stuck River downstream (west) of Auburn 1 Bridge. Removal of debris at this site would be done after completion of the Auburn 1"R" street site to insure debris from Site 1 will not interfere or accumulate at Site 2. The accumulated debris at Auburn 17 is at pier 2. The mound of debris at pier 2 is quite large and now sits outside of the current water flow line resting on the accumulate aggregate. It is accessible from the south side of the channel by foot and with equipment from the bridge deck. Large equipment from the bridge deck will help move the pile apart allowing workers to trim portions of the debris and reintroduce it back into the channel to drift downstream. Any debris large enough to salvage for mitigation purposes will be transported from site to a storage facility. The County has already obtained the signed Concurrence documents from WDFW for the woody debris removal. Auburn 17 is a four lane bridge and will allow for the safe passage of traffic during the debris removal operation. The Customer is responsible for signage and traffic control during the removal process. Project Schedule ➢ Specific scheduling date(s) will be mutually determined between the Customer representative, Pablo Para and the County representative, Ross Pettit. Project Cost Estimate ➢ The County's estimate for these services for both sites is approximately $19,500 including contingency per attachment A. ➢ Per Section 3, the Customer shall pay for actual cost. Page 5 of 5 Attachment A Cost Estimate ' Estirnate for Debris Remaval at Aub 1 Bridge @ " R" Street SE Labor Totals $7,683.10 Equipment Totals $930.50 Material 8 Services Totals $1,000.00 10% CONTINGENCY $1,200.00 Engineering and Permitting $460.00 Tv#al Gcrst $11 273A)v ` Estimate for Debris Removal a# Aub 17 Bridge at "A" Street SE Labor Totals $4,632.23 Equipment Totals $744.40 Material 8 Services Totals $1,000.00 10% CONTINGENCY $1,200.00 Engineering and Permitting $460.00 Tatal Cost : $8,036.63