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HomeMy WebLinkAboutPierce County Traffic Maintenance �� � � � ��°��� � MEMORANDUM OF AGREEMENT BETWEEN PIERCE COUNTY ANDTHE CITY OF AUBURN REGARDING TRAFFIC MAINTENANCE SERVICES THIS AGREEMENT is entered into this day by and between PIERCE COUNTY, a political subdivision of the State of Washington(herein referred to as "COLJNTY") and the undersigned, Auburn, City of the State of Washington (heiein referred to as "CITY"). WHEREAS, the CITY has a need for specif c traffic mazntenange services and has requested said services as described below to be performed by the Pierce County Public Works and Utilities Department, Traffic Division. WHEREAS, the COiJNTY agrees to perform the work described below at the convenience of the Pierce County Public Works and UtiliYies Department and that Che CITY will reimburse the COLJNTY forall costs incurred. NOW, THEREFORE, in consideration of the terms and conditions conta'►ned herein,it is mutually agreed by and between the COUNTY and the CITY as follows SECTION 1. PURPOSE: The purpose of this agreement is to establish the rights, duties and responsibilities of the parti8s with regards to the tiaffic maintenance services requested by the CITY and ariy costs associated with this work. SECTION 2. COUNTY'S RESPONSIBILITY. The COUNTY will perform the following services for the CITY under the direction and control of the CITY during 2011 thru 2013: Tt�c maintenance and operations services, including, but not limited to, Traffic signals, Street lighting, Traffic signs, Roadway mazkings, Raised pavemerit markers, and Minor engineering projects.. The Scope and Specific locations of any work requested shall be identified under the direction of the CITY. The CITY shall provide the COiJNTY with a list of work for each yeaz of the agreement. SECTION 3. CITY'S RESPONSIBILITY. The GITY has agreed to pay up to the estimated amount of$25,000 per calendar year to complete the above described work or services and has agreed to an estimated completion date of December 3131;2013. The CITY certifies that sufficient budgeted funds are available to cover the co,sts of the requested work or services, and agrees to make payment to the COiJNTY. SECTION 4. COMPENSATION AND BILLING PROCEDURE. In considaratiori for the provision of Tepair services described herein, the CITY agrees to pay the COLTNTY 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. MEMOPANDUMOFAGREEIr�NTBETWPEN P@0.CECOUNTVANOCITYOPAi1BU0.NRECARDING , '11W+PICMAMTENANCR SERVICES Poge 1 A. The lab:or 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 chazged directly. B. Equipment use will be charged to the CITY based upon the hours used times 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. ESD inventory stocked items will be billed at the Pierce County ESD materials rate. D. The costs of services as outlined will be billed no later than the thirtieth (30"') day of the month by the COiINTY based on services provided in the previous inonth. Payments by the CITY will be due within thirty days oF receipt of the billing. Monthly payments that are qot paid within the allotted time period shall be considered delinguent. Delinquent charges shall accrue interest on the unpaid balance; from the date of delinquency until paid, at an iriterest rate of one half of one percent (.5%) per month.. E. The billing rates for labor and e,guipment related to providing the functions and services each year after 2011 sha11 be adjusted annually; effective January Ist of each year to reflect current costs. Increases in the costs that aze the resnits of aHanges in regulatory requirements will be inclnded in any increases to billing rates after 2011. _ SECTION 5. DURATION. This agreement shall remain in full force and effect upon the date thatthe last signature is affixed hereto until midnight December 31, 2013, unless otherwise renewed in writing by both parties. SECTION 6. INDEMNIFICATION AND HOLD HARMLESS. The COiJNTY shall defend, indgmnify, and save harmless the CITY; its officers, employees, and agents from any and all costs, claims,judgments,or awazds of damages, resulting from the acts or omissions of the COiJNTY, its officers, employees, or agents associated with this Agreement. In executing this Agreement, the COtINTY d.oes not assume liability or responsibility for oT 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 enforceabiliry 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 COITNTY, or both, the CITY sha11 satisfy the same, including all chargeable costs and attomey's service charges. A4�A10RANDUM OP AOPEEAftNT BLTW�N PIHRCE COfIM'Y ANO CT'OP AUBURN REOARDINO �TAAPPICMAINTCNANCE SORNCE9 Ppye l The CITY sHall defend, indemnify and save harmless the COiJNTY, its officers, etnployees, and agents from any and al] costs, claims, judgments, or awards of dacnages, resulting from the acts or omissions of the CITY, its officeis, 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 COi1NTY 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 COiJNTY 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 aze awarded against the COiJNTY, the CITY, or both, the COiJNTY shall satisfy the same, including all chargeable costs and attorney's service chazges. It is specifically and expressly understood that the indemnification provided herein constitutes the Parties' waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnifcation: This waiver has been mutually negotiated by the Panies. The provisions of tivs section sflall survive the expiration or terrriination of this Agreement. SECTION 7. NO THIRD-PARTY BENEFICIARY.. The COIINTY does not intend by this agceement to assuine 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 GOiJNTY and the CITY do not intend tYiat there be any third-party beneficiary to this agreement. SECTION 8. INSURANCE COVERAGE. The COUNTY and 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 COLINTY and the CITY certify that they are Equa1 Opportunity Employers. SECTION 10 . ASSIGNMENT. Neither the COIJNTY 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 Farty. SECTION 11. NOTICE. Any formal notice or communication to be given by the COiJNTY to the CITY under this agreement shall be deemed properly g�ven, iF delivered, or if mailed postage prepaid and addressed to: City of Aubum 25 West Main St Auburn, WA 98001 aftn: Pablo Para nua:ww�mu M ov�cnxFwmrrr emveeH PIBICE COVNTY ANDCITY OP�UBL'RN REGMDING IRAFFCMAIMENAN�SEPVIC85 , ��l 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: Pierc.e Counry Public Works & Utilities 4301 South Pine Street, Suite 446 Tacoma, WA 98409-7207 Attention;Counry 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 p:arty of any term or condition of this Agreement shall be deemed or construed to constitute a waiver of any otherterm orcondition or of any subsequent breach, whether of the same or a different provision of this Agreement. SECTION 13. ENTIRE AGREEMENT. Tliisagieement 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 foranypurpose. SECTION 14. 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 15. SEVERABILITY. If any of the prbvisioris contairied in this agreement are held illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect. SECTION 16. CAOICE OF LAW,JURISDICTION AND VENUE. This agreement shall be govemed by, conslrued, and enforced in accordance with the laws and regulations of the United States, the State of Washingtoa, and the ordinances of Pierce County SECTION 1 Z. ATTORNEY FEES AND COSTS. Ip 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. IN WITNESS WHERE OE, the parties have caused this Agreement to be executed on ttiis day of , 2011. FIDMOMNUUM OF AOMPd@NT BCTW�N � PIORCE COUM'Y ANU CITY OP AUBIIRN R90ARDIN4 1AAPPICMpIM1ENANCE$ERVICES Pege 4 CITY FA PIERCE COUNTY �� 3�i � 7 // Mayor Date DEPARTM RECTOR Date � K1Id-�t� j � " ` - A ST: ate DEP. PRO ECUTING AT"I'Y Date (as to form only) �bu"6 ��� G,� % /li�3VG�1- �f�Wi?-� ��'/�� City Clerk Date B DGET A FINANCE Date �/� ApproVed as to Form Date ��'"`�"` ���i-fc"ccr6f� Date (�FP� 5 /! � rty Attorney a e RISK MA� AGER Date COi1NTY E CUTIVE Date (if over $25 ,000) F1EM00.MIDUM OP ACrP8C1d6M BCI W F£N PffACE COIMlY.W D CRY OP AUBURN PEGARDMG TRMFlCMAIML'N.V�CE SPANCFS Poge 5 CiT`f OF AU3URN CIIY i,LERKS OFFlCE �JUL. ?8 2011 , � _ _. -_ � ' �. ", T ,.