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RESOLUTION NO. 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 SERUICES WHEREAS, the City owns public roads and #raffc devices which require
maintenance and/or other improvements; and
WHEREAS, the City wishes the King County Road Services bivision 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 recipienf of such services and the County's role and responsibilities as the
provider of such senrices; 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
Resalution 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 fake effect and be in full force
upon passage and signatures fiereon.
c
Dafed ahd Signed this J~1day of C) , 2010.
~
CITY OF AUBU
PETER B. LEWIS
MAYOR
ATTEST:
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
aifei-IW'gei ,
City Attorney
- Resolution No. 4592
April 19, 2010 .
Page 2
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INTERLOCAL AGREEMENT FOR PROVISION OF
ROAD RELATED MAINTENANCE SERVICES
TO BE PERFORNIED BY
KING COUNTY ROAD SERVICES DIVISION
THIS AGREElV1ENT is made and entered into this ~ day of , 2010. The parties
("Parties") to this Agreement are King County, a,politica.l subdivi on 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 seryices 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 Partie"s 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
1.1 Scope of Work. The. County Road Services Division shall perForm the maintenance
and repair services described on the attached Exhibit 1, Scope of Work.
12 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
sha11 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.
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. .
2. Countv 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 a11 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 Gounty. Administrative overhead costs shall be chazged as a percentage of
direct labor costs.
3.2 Billing: The County will bill the Cityfor 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. Pernuts
. The City is responsible for obtaining any permits or other authorizations that may be
necessary for the County to perform the maintenance and repair services under this
Agreement.
5. County Responsibilities
5.1 Countv Status. The County will act as a contractor only and will not purport to
represent the City professionally.
5.2 Countv Performa nce. 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 Counfy will make every effort to recognize pertinent City
deadlines for completion ofthe 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. '
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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.
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 wea.ther
conditions, contract disputes, labor disputes, epidemic, pandemic, delays in acquiring right-
of-way or other necessazy property or interests in property, pernutting 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 regazding 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 Ciry. 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 coritinue 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 execufiom 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. Liabili
The City and the County agree to defend, indemnify and hold hannless 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, empl'oyees acting within the -course and scope of
their employment and in the performance of said party's obligations under this Agreement
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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 party and the other
party, or any of their respective actors, the indemnity obligation of this section sha11 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 parry with a full and complete
indemnity of claims made by the indemnitor's employees. This waiver has been mutually
negotiated.
10. Applicable Laws -
Washington law sha11 govern the interpretation of this Agreement. King County shall be
the venue of any arbitration or lawsuit arising out of this Agreement.
11. AuthoriEach individual executing this Agreement on behalf of the City and the Countyrepresents
and watrants that such individuals aze duly authorized to execute and deliver the Agreement
on behalf of the City or the County.
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12. Audits and Inspections
The records and documents pertaining to a11 matters covered by this Agreement sha11 be
retained and be subject to inspection, review or audit by the County or the City during the
term ofthis Agreement and for three (3) years thereafter.
13. Entire Agreement and Amendments
Z'his Agreement contains the entire agreement of ttie 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.l.2 above.
14. No Third Partv Ri ts
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 pariy.
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
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terms of this Agreement. 16. Headings
The headirigs 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
objectives of the parties.
IN WITNESS WHEREOF, the parties have executed this Agreement effective as of the date last
written below.
KING COUNTY
.
O4County Exec t' e City Mayor
S/51►o APR l 9 2010
Date Date
d aXI
o Form
, Approved as to Form :Aftorn"~;
- :
-_gC ty. - - uty r se
ting tto y _
Attachment: Exhibit 1, Scope of Work
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EXHIBIT 1
Scope of Work
Citv StrininE 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 deterd between the City representative,
Pablo Para and the County representative, George Dudley. ,
Cost Estimate
!P 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.
Bridge Tnspections 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 AgTeement 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. 6 ,
Cost Estimate
o The cost estimate is approximately $12,000 for the inspectioris 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 ha.ve the County perform such repair work.
Emergencv 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 maintenance7repair 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
ttus service is ariticipated to be needed during time of emergency such as a flooding or a storm
• that may similazly impact County roads and facilities.
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