HomeMy WebLinkAboutPierce County-MOU Traffic MaintenanceC.0 - M 301
�.I�.�
MEMORANDUM OF AGREEMENT
BETWEEN PIERCE COUNTY AND THE CITY OF AUBURN
REGARDING TRAFFIC MAINTENANCE SERVICES
THIS AGREEMENT is entered into this day by and between PIERCE COUNTY, a
municipal corporation and political subdivision of the State of Washington (herein referred to as
"COUNTY ") and the undersigned, CITY OF AUBURN a municipal corporation of the State of
Washington (herein referred to as "CITY ").
WHEREAS, the CITY has a need for specific traffic maintenance services and has
requested said services as described below to be performed by the Pierce County Public Works
and Utilities Department, Office of the County Engineer — Traffic Division.
WHEREAS, the COUNTY agrees to perform the work described below at the
convenience of the Pierce County Public Works and Utilities Department and that the CITY will
reimburse the COUNTY for all costs incurred.
NOW, THEREFORE, in consideration of the terms and conditions contained
herein, it is mutually agreed by and between the COUNTY and the CITY as follows,
SECTION L PURPOSE. The purpose of this agreement is to establish the rights, duties
and responsibilities of the parties with regards to the traffic maintenance services requested by
the CITY and any costs associated with this work.
SECTION 2. COUNTY'S RESPONSIBILITY. The COUNTY will perform the
following traffic maintenance services for the CITY under the direction and control of the CITY.
A. The COUNTY will provide traffic maintenance, including but not limited
to, traffic signals, street lighting, traffic signs, roadway markings, roadway
striping, and raised pavement markers.
B. The COUNTY may also provide services on an on -call basis, if needed.
Charges for these services shall include a call out fee and an hourly fee for
signal maintenance.
C. If in the opinion of COUNTY staff the maintenance services requested are
not appropriate, the COUNTY may refuse to perform such work for any
reason.
SECTION 3. CITY'S RESPONSIBILITY.
A. The CITY shall specify the location of the work to be provided by the
COUNTY. The CITY shall provide the COUNTY with a list of work for
each year of this agreement.
B. Any work requested from the COUNTY shall be through written "Work
MEMORANDUM OF AGREEMENT 131: 1'WEEN
NFRCE COUNTY AND CrrY OF AUBURN REGARDING
TRAFFIC MAINTENANCE SERVICES
Page I
Authorizations" which shall indentify the specific activities to be
performed.
C. The CITY shall be responsible for locating utilities in the area in which
the COUNTY shall perform work. The CITY shall be solely responsible
for all costs and damage to the utility lines.
D. All work requested by the CITY must be performed in compliance with
the COUNTY'S NPDES permit.
E. The CITY shall purchase from the COUNTY insurance and post a bond
for the work which the COUNTY will perform according to this
agreement.
SECTION 4. COMPENSATION AND BILLING PROCEDURE. The CITY has
agreed to pay up to the amount of $175,000.00 per calendar year to complete the described
traffic maintenance services and any other on call work. The CITY certifies that sufficient
budgeted funds are available to cover the costs of the requested traffic maintenance services, and
agrees to make payment to the COUNTY.
In consideration for the provision of maintenance services described herein, the CITY
agrees to pay the COUNTY for the actual work completed based on monthly billings and in
accordance with the provisions of Section 2 and 3 above. Monthly billings will be calculated as
indicated below.
A. The labor rate billed to the CITY shall be increased by thirty percent
(30 %) to account for administration overhead. The rate of overhead
includes Maintenance Administration costs and Department
Administration costs. No supervision or maintenance office costs will be
charged directly.
Equipment use will be charged to the CITY based upon the hours used
limes the Pierce County Equipment Services Division (ESD) rental rate.
A five percent (5 %) administration charge will be assessed for processing.
C. Materials and supplies will be billed at cost plus a ten percent (10 %)
administration processing fee. — Equipment Rental R Revolving Fund
(ERR) inventory stocked items will be billed at the Pierce County ERR
materials rate.
D. The costs of services as outlined will be billed no later than the thirtieth
(30'h) day of the month by the COUNTY based on services provided in the
previous month. Payments by the CITY will be due within thirty days of
receipt of the billing. Monthly payments that are not paid within the
allotted time period shall be considered delinquent. Delinquent charges
shall accrue interest on the unpaid balance, from the date of delinquency
M17MOIZANDUM 01' AGREEMENT BETWEEN
I'IERCE COUNTY AND CITY OF AUBURN REGARDING
TRAFFIC MAINTENANCE SERVICES
Page 2
until paid, at an interest rate of one half of one percent (.5 %) per month.
E. The billing rates for labor and equipment related to providing the
fimctions and services each year after 2015 shall be adjusted annually,
effective January I" of each year to reflect current costs. Increases in the
costs that are the results of changes in regulatory requirements will be
included in any increases to billing rates after 2015.
SECTION 5. DURATION. Unless sooner terminated as provided elsewhere in the
Agreement, this agreement shall have an initial term commencing on the date that the last
signature is affixed hereto until midnight December 31, 2015. After which, the contract shall be
automatically renewed annually on January I of each year for an additional one year term, unless
either party gives notice of non- renewal not less than 60 days prior to the expiration of the
current term.
SECTION 6. INDEMNIFICATION AND HOLD HARMLESS. The COUNTY shall
defend, indemnify, and save harmless the CITY, its officers, employees, and agents from any
and all costs, claims, judgments, or awards of damages, resulting from the acts or omissions of
the COUNTY, its officers, employees, or agents associated with this Agreement. In executing
this Agreement, the COUNTY does not assume liability or responsibility for or in any way
release the CITY from any liability or responsibility which arises in whole or in part from the
existence or effect of CITY ordinances, rules, regulations, resolutions, customs, policies, or
practices. If any cause, claim, suit, action, or administrative proceeding is commenced in which
the enforceability and /or validity of any such CITY ordinance, rule, regulation, resolution,
custom, policy, or practice is at issue, the CITY shall defend the same at its sole expense and if
judgment is entered or damages are awarded against the CITY, the COUNTY, or both, the CITY
shall satisfy the same, including all chargeable costs and attorney's service charges.
The CITY shall defend, indemnify and save harmless the COUNTY, its officers,
employees, and agents from any and all costs, claims, judgments, or awards of damages,
resulting from the acts or omissions of the CITY, its officers, employees, or agents associated
with this Agreement. In executing this Agreement, the CITY does not assume liability or
responsibility for or in any way release the COUNTY from any liability or responsibility which
arises in whole or in part from the existence or effect of COUNTY ordinances, rules, regulations,
resolutions, customs, policies, or practices. If any cause, claim, suit, action, or administrative
proceeding is commenced in which the enforceability and /or validity of any such COUNTY
ordinance, rule, regulation, resolution, custom, policy, or practice is at issue, the COUNTY shall
defend the same at its sole expense and if judgment is entered or damages are awarded against
the COUNTY, the CITY, or both, the COUNTY shall satisfy the same, including all chargeable
costs and attorney's service charges.
SECTION 7. NO THIRD -PARTY BENEFICIARY. The COUNTY does not intend
by this agreement to assume any contractual obligations to anyone other than the CITY, and the
CITY does not intend by this agreement to assume any contractual obligations to anyone other
than the COUNTY. The COUNTY and the CITY do not intend that there be any third -party
beneficiary to this agreement.
MEMORANDUM OF AGREEMENT BETWEEN
PIERCE COUNTY AND CITY OF AUBURN REGARDING
TRAFFIC MAINTENANCE SERVICES
Page 3
SECTION 8. INSURANCE COVERAGE. The CITY shall maintain at all times
during the course of this agreement a general liability insurance policy or other comparable
coverage with a self - insured retention of no more than $500,000.00 and a policy limit of no less
than $5,000,000.00 dollars.
SECTION 9. NON - DISCRIMINATION. The COUNTY and the CITY certify that
they are Equal Opportunity Employers.
SECTION 10. ASSIGNMENT. Neither the COUNTY nor the CITY shall have the
right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder
without the prior written consent of the other Party.
SECTION 11. NOTICE. Any formal notice or communication to be given by the
COUNTY to the CITY under this agreement shall be deemed properly given, if delivered, or if
mailed postage prepaid and addressed to:
City of Auburn
25 West Main Street
Auburn, WA 98001
attn: Pablo Para
Any formal notice or communication to be given by the CITY to the COUNTY under
this agreement shall be deemed properly given, if delivered, or if mailed postage prepaid and
addressed to:
Pierce County Public Works & Utilities
4301 South Pine Street, Suite 446
Tacoma, WA 98409
Attention: County Traffic Engineer
The name and address to which notices and communications shall be directed may be
changed at any time, and from time to time, by either the CITY or the COUNTY giving notice
thereof to the other as herein provided.
SECTION 12. WAIVER. No waiver by either party of any term or condition of this
Agreement shall be deemed or construed to constitute a waiver of any other term or condition or
of any subsequent breach, whether of the same or a different provision of this Agreement.
SECTION 13. ENTIRE AGREEMENT. This agreement contains all of the agreements
of the Parties with respect to any matter covered or mentioned in this agreement and no prior
agreements shall be effective for any purpose.
SECTION 14. TERMINATION FOR DEFAULT. If the CITY defaults by failing to
perform any of the obligations of this agreement or fails to timely pay for County services, the
COUNTY may, by depositing written notice to the CITY in the U.S. mail, postage prepaid,
MEMORANDUM OF AGREEMENT BETWEEN
PIERCE COUNTY AND CITY OI' AUBURN REGARDING
TRA17171C MAINTENANCE SERVICES
Page 4
terminate the agreement
SECTION 15. TERMINATION FOR PUBLIC CONVENIENCE. The COUNTY
may terminate the contract in whole or in part whenever the COUNTY determines, in its sole
discretion that such termination is in the interests of the COUNTY. Whenever the contract is
terminated in accordance with this paragraph, the COUNTY shall be entitled to payment for
actual work performed at unit contract prices for completed items of work. Termination of this
contract by the COUNTY at any time during the term, whether for default or convenience, shall
not constitute a breach of contract by the COUNTY.
SECTION 16. AMENDMENT. Provisions within this agreement may be amended with
the mutual consent of the parties hereto. No additions to, or alteration of, the terms of this
agreement shall be valid unless made in writing, formally approved, and executed by duly
authorized agents of both parties.
SECTION 17. SEVERABILITY. If any of the provisions contained in this agreement
are held illegal, invalid or unenforceable, the remaining provisions shall remain in full force and
effect.
SECTION 18. CHOICE OF LAW, JURISDICTION AND VENUE. This agreement
shall be governed by, construed, and enforced in accordance with the laws and regulations of the
United States, the State of Washington, and the ordinances of Pierce County.
SECTION 19. ATTORNEY FEES AND COSTS. In the event of any controversy,
claim, or dispute arising out of or in any way relating to this agreement or its breach, the
prevailing party shall be entitled to recover its cost and reasonable attorney fees.
MEMORANDUM 01' AGREEMENT BETWEEN
PIERCE COUNTY AND CITY 017 AUBURN REGARDING
TRAFFIC MAINTENANCE SERVICES
Page 5
IN WITNESS WHEREOF, the parties have executed this Agreement this day of
20
CITY OF AUBURN:
By. UN - 3 2015
Mayor Date
Approve as to f only:
By.
City Attorney Date
Attest:
By:�lll�u+�•�f KJaella✓ ' - 3 2015
City Clerk Date
MEMORANDUM OF AGREEMENT BE 1'WEEN
PIERCE COUNTY AND CITY OF AUBURN REGARDING
TRAFFIC MAINTENANCE SERVICES
Page 6
PIERCE COUNTY:
Approved as to legal form only:
By:�A ✓ All—:kl
Pro e ting Attorney Date J
Recommended:
By: ilk ?�(��t�CJlrirwS"�- t°Ilb�1�
Budget R, Finance Date
Approved:
B - a�llr- 15
De at Director
(l ess than 5250, 00)
Y
w
Pierce CountyyGxecutive Date
(5250, 000 or more)