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Home My WebLink About4330RESOLUTION NO. 4330 A RESOLUTION OF THE CITY COUNGL OF THE CITV OF AIIBURN, WASHINGTON, AUTHORIZING THE MAVOR TO EXECt1TE AN INTERAGENCY AGREEMENT WITH KING COUNTV FOR THE REPAIR OF THE 15m STREET NW BRIDGE OVER THE UNION PACIFIC RAILROAD (UPRR) WHEREA$ the Ciry owns public roatls antl ireffic tlevices which require maintenance antllor other impmvemenls; and WHEREAS, the City wishes the County Road Services Oivision to perto" certainsemicesfor[heCity;and WHEREA$ the paRies can achieve cost savings antl benefits in the public'S interest by having the County complete those services (or the City at the Ciry's expense; and WHEREAS, this Agreement establishes the City 's role and responsibilities as the recipient of such services and the Coun[y's mle antl responsibilities as the provider of such services; antl NOW, THEREFORE, THE CITV COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEftEBV RESOLVES as follows: Section 1. The Mayor is hereby authorized lo execute an Interagency Agreement with King County to repair vehicular damages to the 15'" Sireet NW Britlge over UPRR, in substanlial conformily with the agreement attached hereto, marked as Exhibil "A" antl incorporated herein by this reference. Resolulion No. 4330 May19,2008 Page 1 Section 2. That the Mayor is authorized to implemen[ such other adminis[retive procedures as may be necessary to carry out the tlirectives of ihis legislation. Section 3. Thaf this Resolution shall take effect and be in full force upon passage antl signaWres hereon. Dated and Signetl this Irrrb` tlay of 1~1 2008. QTVOFAUBURN PETER B. LEWIS MAYOR ATTEST' Dani Ile E. Daskam, Ciry clerk MHe ORMCity AUOmey , aesownon No.aasa May19.2000 Page2 INTERAGENCY AGREEMENT FOR WORK TO BE PERFORMED BY KING COUNTY ROAD 5ERVICES DIVISION THIS AGREEMENT is made and entered into by and between King County ("the County") and ' the City ofAuburn, ("the City"). RECITALS A. The City 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 City at the City'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 City desires to modify the work requested, it shall notify the County of that desire. If the County agrees, the parties sha11 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 Director for the County and Dennis Selle, City Engineer for the City, authorizing the amended work. 2. Countv.Personnel Standards The County is acting hereunder as an independent contractor so that: a. County employees performing work hereunder sha11 be for a11 purposes employees of the County; b. Control of County personnel standards of performance, discipline; and all other aspects of employment sha11 be governed entirely by the County.. 3. Compensation Resolution No. 4330 - May 12, 2008 . Page 1 @f 55 , 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 sha1T be charged as a percentage of direct labor costs. 3.2 Billin . 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 30 days of the City's receipt of said invoice. 4. Pexmits The City is responsible for obtaining any permits or other authorizations that may be necessary for ttie County to perform the work under this Agreement. 5. County Responsibilities 5.1 Coun V Status. The County will act as a contractor only and will not purport to represent the City professionally. 5.2 Countv Performance. The County sha11 perform the work requested by the City as described in the Scope of Work. The County will fumish all necessary labor, supervision, machinery, equipment, materials, and supplies to perform the work requested by the City in the Scope of Work 5.3. Timing of Work. The County will make every effort to recognize pertinent Gity " deadlines for completion of the requested work, and will notifythe City of any hardshig or other inability to perform the work requested, including postponement of work due to circumstances requiring the County to priorifize its resources toward emergency-related work. . 6. Duration This Agreement is effective upon signature by both parties, and shall remain in eff_ ect until ' completion of the work and payment of a11 sums due hereunder, provided that either party may terminate this Agreement by a written notice received by the other party at least five bu"siness 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 delay resulting from a cause beyond the reasonable control of the County. Resolution No. 4330 May 12, 2008 ' Page 2 of 5 2 8, Liabili The City 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 ifs 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 exereise 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 garty . ' 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 xecords and documents pertaining to all matters covered by this Agreement sha11 be retained and be subject to inspection, review or audit by the County or the City during tlie term of this Agreement arid 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 ainendedby 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 Thi§ 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 NotFung 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. ' Resolution No. 4330 , May 12, 2008 3 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 riot 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 anyprovision of this Agreement shall be held invalid, the remainder ofthe Agreement 'sha11 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 City cj~- ~4~..Io~.~.~ ►ti ~ Linda. Doughery, DivisionDirector 'gnature Road Services Division Date Title MAY .t 9 2008 Date , Approved as to form for use in 2008 Dennis C. -McMahon Senior. Deputy Prosecuting Attorney Attachment: Exhibit 1, Scope of Work ~ Resolution No. 4330 May 12, 2008 4 Page 4 of 5 EXHIBIT 1 SCOPE OF WORK • Repair bridge rail damage to Auburn Bridge: No. 4 per attached design and sketch. • The cost estimate is approximately $43,235.00 per the attached cost estimate details. • The work schedule will be determined after the agreement has been signed and executed. Resolution No. 4330 5 May.'12, 2008 Page 5:of 5 2008 Auburn BMdge # 04 2J82008 3:30 PM ReiMeuRSneLeiciP/cirv Projeci esnn,ate snaot Estimated Costs for ReimbursablelClP/City Project nonREss: won Lebor Totals $23;040.18 Aubum Brid e# 04 1 Sth Ave NW e,+age aau Repair et nrvv comar or ma ovefpass rasrc a INatarial & SeMees Totala ~ 3;730.U0 Thomas BrotheB Map Paga . PR0.IECT X Total Cost $43,232.40 REIMBURSABLE/CIPICRV PfDjact EBNrnata Sh¢at Lebar Coats Extended Ust Comments 8elow f LabOf ' ELabrHours. Su rvlaor OvertimeNrs.Tha labor k computed on 8 hour days. Prudart use of Crew Chiei overtlme has been faetored In at 059L W meet schedWe i51277 Trudc DArer II 598435 1. Remove erul recyde wnerete A gravel. 2. Conaete u Truek dAver 111 Merll 482.53 1 Carpenter Laed x 12 Ume l 6 SB 349:49 2 ca ters x 8hr do" x 7.5 da duration W51.230.84 sho Tabrkatlon and srie welckng oi Wbufar steal raipn ~ Paqrter E507.19 3 days tor surfere and top rnat W match UtWtyworker 8 SB 992.81 traoondol. conaeta demo and asaist ea enters w repa Total Labo 16 S23 040.18 "€oP.ACQf7-07alnas '~7i ~ ?^'s'9~,, 3..~588i1Oz6~. . Badchoe Ired to demo 78 R of sidewalk and wl all . EBMWlB eeiial~:~►1002.:Cat219 .7aVlii 4:5~'`:~~' s+'"a~' ! . " ;z .1~ ;°'t`sz ' r. i~ J.9.,n"~YSr,~cvs.~' Cwpenter van Fi '~Frel 6er.Fi'.30,E?U91 _ ,.9~t:44~~.K.i_ r" - ,":~'Jt~':~!i7'~:a'A~3 , :.'-i~•.~°`r`sa"`~~a",_~a.: 9!s~i"~,',t0 , Ptelc'IJ"' .:5'7ai:EP.U928'.EPIl9W-,: , ckfiU '=7'.6Ton: ft_CFaneEP.11981~t~"? 3'= n % t~''".t Ca nmr truck witt+ PALFINGER hoiat 1b "ir77cn"~ PU808. P1' ti'7i7L?~!tbn .~i ,.wm,MJ`~:': PalntersLUCk P-l=172iton: . 885. ~60'EPU9572Z0 ,3L*.Ik;:~c$,'!`~i ' `faCe~:rT±80'."'ti.~:~: ~a,5rzrE3Z&00:;~.:,~~..~3 UtlU orkers , olPll ! n .U919 :ti.~?:~;~ • -_Y..- , _ ~,-,?claosw~iuwTNTI *.~~'i'?~.5~.`a..~~.s ~;A, " leF Z EERi f.8 ETR145~` • 37~ c'&'"~'•°.~'„t; :a~ ' +r.Y..'B.} -~6~ ~ . : r5.~.~...~. .w 0'-'tAYd tti:i192'OD`M t71' Deliver bedchoe W site ard expW and racyle cconcrate.finport 5` ,*.".,~,U"J.,:'..- ~1~,~'✓_L~:t..+t~.°'~:..E.F^..c^~;,1, ` aravelandhnport 2CY of conerete ~ ~ "~;~T~~ai_E"'~itn, nt' ~.t~~~'~88' '.~~~";sz:s~z: a • ~~~a.Y o; ~ M8L8f1815 Of S8NIC9S ' Q ot Materials ~ Materfal CosW Extended Ust Comments Below oq B^ ym~ SOW: 1122 ips : weldinit ma ~ 70 Iln R -t2.150.00. ~3- 42" 6 x 6 tuba steel and 4-14' - 4 x4 Wbe ateel w end ca t• aro y.r ma~ pwms ' 9 leces. $1' 0.00 ' 6 uare plow aM 3 triangular alMeners re6mma.rebmaowas. ip S Ii4.ban $180.00 . # 4 dowel bars inOo existing wncrem and 0 4 sUrups pcpsmie woama roa w yow 24 E248.00 7' and 3/4' A325 anehor botls tor andiora e af 6asa tates mam'my ana high ■ cmaeea mnc 2 CY $757A0 Plywd tams.Burlm 928 Feat Pakh and 2CY 0000 si concrete OmotM ~y~ anq wekft 9 lacea - E3,810.00 Base late fabricatlon; culd , dri11i and weldin 9 leces ScdUcgrA emMI, wvnc roewa* aroe 100 a ft . $870.00 one month rental b Safewa Seaftoldin 30.04, m~oey frunall mm qaawaoc mm. .3011n R . i825A0 3aw arttln b National Saw artfln Racycbg m g~ ~M oanmft 2 CY $50.00 pd= OW PWM ap ~ pWn WW ybn t Gal - - $95A0 Primer and hil Eo match existln TaAin . Labw Ilsted on Item 20 Cnabm.Tmm md wmn Smmn . , f120:00 one month minimum renlal Fiomi camat 6eee and sbar - . . . . ~ . ,i . - z r ~ :SQAO Broadcast Grass seed arnl Straw for Erosion oont ' . . . . . . . . tartimnerew.mnrin'swtv~notia-mn B KC TreHle Dlvision 7mAeCmtiN wNnw eoora one D 1p =4 000 00 KC Tretfle DHlabn n` iv ~ v P . i eiy 1 { ~ .~ql ld.i . , . , ,.,s . • . ~ . : . . . . . , h - . . . :..t, i' . . w. . . . . . r):..ii: Nf.li i; xl . ~ . , ~ . a . . . , _ ~ F. : _ . ~ . Y. ' , - . . : : . I . • 4 i ~ r d ~ : , . . ?:v~ s~ . . . . . . . . . ~ ~ ~ - Total Materiais i 24 $13 730.00