HomeMy WebLinkAboutITEM III-BCITY OF
AGENDA BILL APPROVAL FORM
* WASHINGTON
Agenda Subject: Date:
Resolution No. 4592 April 19, 2010
Department: Attachments: Resolution No. 4592, Budget Impact: Public Works Agreement $0.00
Administrative Recommendation:
City Council to introduce and adopt Resolution No. 4592.
Background Summary:
Resolution No. 4592 authorizes the Mayor and City Clerk to execute an Interlocal Agreement for services
between the City of Auburn and King County to complete citywide pavement marking improvements,
annual bridge inspections and related repair work, and emergency call-out services.
There is $160,000 budgeted for pavement marking improvements in the Street Fund, $16,000 is
budgeted for bridge inspections and emergency call-out services in the Engineering Fund and $50,000 is
budgeted for bridge related improvements in the 102 Arterial Street Fund for 2010.
Reviewed by Council & Committees: Reviewed by Departments & Divisions:
❑ Arts Commission COUNCIL COMMITTEES: ❑ Building ❑ M&0
❑ Airport ®Finance ❑ Cemetery ❑ Mayor ❑ Hearing Examiner ❑ Municipal Serv. ❑Finance ❑ Parks
❑ Human Services ❑ Planning & CD ❑ Fire ❑ Planning
❑ Park Board ®Public Works ®Legal ❑ Police ❑ Planning Comm. ❑ Other ®Public Works ❑ Human Resources
❑ Information Services
Action:
Committee Approval: ❑Yes ❑No
Council Approval: ❑Yes ❑No Call for Public Hearing I l Referred to Until I l
Tabled Until I I
Councilmember: Wagner Staff: Dowdy Meeting Date: April 19, 2010 Item Number: W0419-4
k t + •1~
RESOLUTION N0. 4 5 9 2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN
INTERLOCAL AGREEMENT WITH KING COUNTY FOR
THE PURPOSE OF PROVIDING ROAD SERVICES
WHEREAS, the City owns public roads and traffic devices which require
maintenance andlor other improvements; and
WHEREAS, the City wishes the King County Road Services Division to
provide or perform certain services for the City; and
WHEREAS, the parties can achieve cost savings and benefits in the
public's interest by having the County complete those services for the City at the
City's expense; and
WHEREAS, this Agreement establishes the City's role and responsibilities
as the recipient of such services and the County's role and responsibilities as the
provider of such services; and
WHEREAS, the parties are authorized by RCW Chapter 39.34 to enter into
an interlocal cooperation agreement of this nature.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. That the Mayor and City Clerk are hereby authorized to
execute an Interlocal Agreement with King County, in substantial conformity
Resolution No. 4592 April 19, 2010
Page 1
with the agreement attached hereto, marked as Exhibit "A" and incorporated
herein by this reference.
Section 2. That the Mayor and City Clerk are 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 day of , 2010.
CITY OF AUBURN
PETER B. LEWIS
MAYO R
ATTEST:
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
Daniel B. Heid,
City Attorney
Resolution No. 4592 April 19, 2010
Page 2
Exhibit "A"
INTERLOCAL AGREEMENT FOR PROVISION OF
ROAD RELATED MAINTENANCE SERVICES
TO BE PERFORMED BY
KING COUNTY ROAD SERVICES DIVISION
THIS AGREEMENT is made and entered into this day of , 2010. The parties
("Parties") to this Agreement are King County, a political subdivision of the State of Washington
("County") and the City of Auburn, a State of Washington municipal corporation ("City").
RECITALS
A. The City owns public roads and traffic devices which require maintenance.
B. The City is desirous of contracting with the County for the performance of certain road
maintenance and repair services such as striping and pavement markings; bridge
inspections and related maintenance repair; and emergency related maintenance and
repair services.
C. The County is agreeable to performing the maintenance and repair services on the terms
and conditions hereinafter set forth and in consideration of the mutual covenants and
agreements herein contained.
D. The Parties can achieve cost savings and benefits in the public's interest by having the
County perform the maintenance and repair services for the City at the City's expense.
E. Pursuant to RCW 39.34, the Interlocal Cooperation Act, the Parties are each authorized
to enter into this Agreement.
AGREEMENT
NOW, THEREFORE, the parties agree as follows:
1. Work
l .l Scope of Work. The County Road Services Division shall perform the maintenance
and repair services described on the attached Exhibit 1, Scope of Work.
1.2 Modification of Work. If the City desires to modify the Scope of Work, it shall
notify the County. 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 Director for the County and
the Director of Public Works for the City, authorizing the amended work.
Resolution No. 4592 1 Exhibit "A"
April 19, 2010
2. County Personnel Standards
The County is acting hereunder as an independent contractor so that:
a. County employees performing maintenance and repair services 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 maintenance and repair services performed
by the County. Administrative overhead costs shall be charged as a percentage of
direct labor costs.
3.2 Bilk 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 3 o days of the City's receipt of said invoice.
4. Permits
The City is responsible for obtaining any permits or other authorizations that maybe
necessary for the County to perform the maintenance and repair services under this
Agreement.
5. County Responsibilities
5.1 Coun . Status. The County will act as a contractor only and will not purport to
represent the City professionally.
5.2 County Performance. The County shall perform the maintenance and repair services
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 maintenance and repair services requested by the City in the Scope of
Work
5.3 Timing of Work. The County will make every effort to recognize pertinent City
deadlines for completion of the requested maintenance and repair services, 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.
Resolution No. 4592 2
Exhibit "A" April 19, 2010
6. Duration
This Agreement is effective upon signature by both parties, and shall remain in effect until
completion of the 2010 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.
Force Majeure
The County's performance under this Agreement shall be excused during any period of force
maj eure. Force maj eure 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.
8. Dispute Resolution
8.1 In the event of a dispute between the Parties regarding this Agreement, the Parties
shall attempt to resolve the matter informally.
8.2 If the Parties are unable to resolve the matter informally, the matter shall be
decided by the Director of the King County Road Services Division and the
Public Works Director of the City. If the Parties are unable to reach a mutual
agreement, either Party may refer the matter to non-binding mediation.
8.3 Unless otherwise expressly agreed to by the Parties in writing, both the County
and the City shall continue to perform all their respective obligations under this
Agreement during the resolution of the dispute.
8.4 This Agreement shall be interpreted in accordance with the laws of the State of
Washington in effect on the date of execution of this Agreement. In the event any
party deems it necessary to institute legal action or proceedings to ensure any
right or obligation under this Agreement, the Parties hereto agree that such action
or proceedings shall be brought in a court of competent jurisdiction in King
County Washington.
9. Liability
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 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
Resolution No. 4592 3
Exhibit "A" April 19, 2010
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 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 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
negotiate .
10. Applicable Laws
Washington law shall govern the interpretation of this Agreement. King County shall be
the venue of any arbitration or lawsuit arising out of this Agreement.
11. Authorit
Each individual executing this Agreement on behalf of the City and the County represents
and warrants that such individuals are duly authorized to execute and deliver the Agreement
on behalf of the City or the County.
12. Audits and Inspections
The records and documents pertaining to all matters covered by this Agreement shall be
retained and be subj ect to inspection, review or audit by the County or the City during the
term of this Agreement and for three (3) years thereafter.
13. 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
maybe amended as described in Section 1.2 above.
14. No Third Party Rights
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.
15. 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
Resolution No. 4592 4
Exhibit "A" April 19, 2010
terms of this Agreement.
16. Headin s
The headings in this Agreement are for convenience only and do not in any way limit or
amplify the provisions of this Agreement.
17. 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
obj ectives of the parties.
IN WITNESS WHEREOF, the parties have executed this Agreement effective as of the date last
written e ow.
KING COUNTY CITY OF AUBURN
King County Executive City Mayor
Date Date
Approved as to Form Approved as to Form
King County Deputy Prosecuting City Attorney
Attorney
Attachment: Exhibit 1, Scope of Work
Resolution No. 4592 5
Exhibit "A" April 19, 2010
EXHIBIT 1
Scope of Work
City Striping and Pavement Markings
The City requests citywide replacement striping, raised pavement markings (RPMs) and
thermoplastics services in 2010. The City will identify specific locations that will be striped
twice in 2010. Locations for thermoplastics and raised pavement markings will also be provided
by the city.
Schedule
• Since striping, RPMs and thermoplastics installations are weather dependent services,
specific scheduling date(s) will be mutually determined between the City representative,
Pablo Para and the County representative, George Dudley.
Cost Estimate
• Without an accurate inventory of striping, RPMs and thermoplastics in the City, the
County is unable to provide a cost estimate.
• The City's budget for these services is $130,000.
• The County will therefore do approximately $130,000 worth of striping, RPMs and
thermoplastics.
• The City agrees that the County cannot guarantee that all striping, RPMs and
thermoplastics in the City can be accomplished within the City's budget.
• If the County cannot accomplish all the citywide striping, RPMs and thermoplastics
within the City's budget, the City may increase the budget necessary to complete the
requested work.
Bride Inspections and Related Maintenance Repair Work
The City requests bridge inspections per the 2010 bridge schedule for fifteen city bridges per the
National Bridge Inspection Standards as published in the Code of Federal Regulations, 23 CFR
650 Subpart C and the State of Washington Bridge inspection Manual. In addition, the City may
requests bridge maintenance repair work under this Agreement as a result of the inspections.
The County will provide cost estimates for any maintenance repair work requested by the City.
Schedule
• The bridge inspections will occur in the fall of 2010.
• Any related bridge maintenance repair work will be scheduled as mutually agreed by the
County and the City.
Resolution No. 4592 6
Exhibit "A" April 19, 2010
Cost Estimate
• The cost estimate is approximately $12,000 for the inspections of the fifteen city-owned
bridges in 2010.
• The cost estimate for any related bridge maintenance repair work will be provided upon
the city's request to have the County perform such repair work.
Emergency Call Out Services
The City requests the provision of emergency related maintenance/repair work including, but not
limited to the following:
• Traffic signal related maintenance/repair work for signal pole knockdowns, signal
controller failures, and others.
• Bridge maintenance/repair work such as clearing wood and log debris and others.
Schedule
Emergency call out services will be scheduled and done based on availability of County crews as
this service is anticipated to be needed during time of emergency such as a flooding or a storm
that may similarly impact County roads and facilities.
Resolution No. 4592 7
Exhibit "A" April 19, 2010