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HomeMy WebLinkAbout4794 RESOLUTION NO. 4794 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 of Auburn owns public roads and traffic devices which require periodic maintenance and/or other improvements; and WHEREAS, King County Road Services Division is in a position to provide certain emergency services, bridge inspections, maintenance and road improvements services for the City at a cost that is advantageous to the City; and WHEREAS, the City wishes to contract with the King County Road Services Division for such emergency, bridge inspections, maintenance and road improvements services; and WHEREAS, such a contract would benefit both the City and the County by cost savings to the City and a fuller utilization of County equipment at a fair rate of compensation; and WHEREAS, the proposed 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 Chapter 39.34 of the Revised Code of Washington to enter into an interlocal cooperation agreement of this nature. Resolution No. 4794 January 25, 2012 Page 1 of 3 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 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 2012. C Y URN PETER . LEWIS MAYOR ATTEST Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Resolution No. 4794 January 25, 2012 Page 2 of 3 a T = C Z N 0 0 N O f0 DU � � a INTERLOCAL AGREENFGNT FOR PROVISION OF ROAD RELATED MAINTENANCE SERVICES TO BE PERFORMED BY KING COUNTY ROAD SERVICES DIVISION THIS AGREEMENT is made and entered into this jj day of�rk� 2012. 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 wishes to contract 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 maintenaztce 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 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. 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. 2. County Personnel Standards Page 1 of 8 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 Billing. 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. Permits 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. Counri Responsibilities 5.1 County Staters. 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 famish 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. 5.2.1 The County understands that the City has appropriated $185,000 for this work. In order to ensure the City does not exceed its appropriation authority,the City and the County agree that the City will not request,and the County will not perform any work that would result in the County billing the City in excess of this amount until additional funds are appropriated. 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 usability to perform the work requested, including postponement of work due to circumstances requiring the County to prioritize its resources toward emergency-related work. Page 2 of 8 i 6. Duration This Agreement is effective upon signature by both parties, and shall remain in effect until completion of the 2012 work and payment of all sums due hereunder. Either party may terminate this Agreement by a written notice received by the other party at least five business days before the date of termination. 7 Force Maicure 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 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 Notice Any notice,including notice of termination,or information required to be given to the Parties under this Agreement may be sent to the following addresses unless otherwise specified: City. County- City of Auburn King County Department of Transportation Director of Public Works Roads Services Division 25 W Main Street Division Director Auburn WA 98001-4998 KSC-TR-0313 Page 3 of 8 201 S. Jackson St Seattle, WA 98104-3856 10. 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, frres,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 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 negotiated. 11 Applicable Laws Washington law shall govem the interpretation of this Agreement. King County shall be the venue of any arbitration or lawsuit arising out of this Agreement. 12. Authori 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 13 Audits and Inspections The records and documents pertaining to all matters covered by this Agreement shall be retained and be subject to inspection, review or audit by the County or the City during the term of this Agreement and for three(3)years thereafter. 14 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 may be amended as described in Section 1.2 above. 15 No Third Party Rights Page 4 of 8 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 anv third party 16. 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 terms of this Agreement. 17 Headines The headings in this Agreement are for convenience only and do not in any way limit or amplify the provisions of this Agreement. 18. 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 aay King County Executive Date Date Approved as to Form Approved as to Form i g'County ep P secuting City Attorney A omey Page 5 of 8 EXHIBIT 1 Scone of Work City Striping and Pavement Markings The City requests citywide replacement striping, raised pavement markings (RPMs) and thermoplastics services in 2012. The City will identify specific locations that will be striped twice in 2012. 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 $125,000 • The County will therefore do approximately $125,000 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 Inspections and Related Maintenance Repair Work The City requests bridge inspections per the 2012 bridge schedule for eleven 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 summer or fall of 2012. • Any related bridge maintenance repair work will be scheduled as mutually agreed by the County and the City Cost Estimate Page 6 of 8 • The cost estimate is approximately $10,000 for the inspections of eleven city-owned bridges in 2012. • 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. Page 7 of 8