HomeMy WebLinkAboutOrdinance No. 0931AGREEMENT FOR WORK TO BE PERFORMED BY
KING COUNTY ROAD SERVICES DIVISION
THIS AGREEMENT is made and entered into by and between King County (“the County”) and the
City of Medina, (“the City”).
RECITALS
A.The City is desirous of contracting with the County for the performance of certain work.
B.The County is agreeable to performing the work on the terms and conditions hereinafter set
forth and in consideration of the mutual covenants and agreements herein contained.
C.The parties can achieve cost savings and benefits in the public's interest by having the
County perform the work for the City at the City's expense.
AGREEMENT
NOW, THEREFORE, the parties agree as follows:
1.Work
1.1 Scope of Work. The County Road Services Division shall perform the work described
on the attached Exhibit 1, Scope of Work.
1.2 Modification of Work. If the City desires to modify the work requested, it shall notify
the County of that desire. 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 or designee for
the County and the Public Works Director or designee for the City, authorizing the
amended work.
2.County Personnel Standards
The County is acting hereunder as an independent contractor so that:
a.County employees performing work 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 associated (direct labor, employee
benefits, equipment rental, materials and supplies, utilities, permits, contract and
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administrative overhead costs) for the work 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 work under this Agreement.
5. County Responsibilities
5.1 County 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 work 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 work
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 work, 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.
6. Duration
This Agreement is effective upon signature by both parties, and shall remain in effect until
completion of the 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 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. Indemnification and Defense
8.1 Each Party hereto agrees to protect, defend and indemnify the other Party, its officers,
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officials, employees and agents from any and all costs, claims, judgments and/or
awards of damages, arising out of or in any way resulting from the Party’s default, or
negligent act, error or omission in the performance of this Agreement, by the Party, its
employees, subcontractors or agents. All claims, demands and obligations resulting
from the concurrent negligence of the Parties shall be shared, based upon the
percentage of fault attributed to each Party.
8.2 Each Party agrees that its obligations under this provision extend to any claim, demand,
and/or cause of action brought by or on behalf of any of its employees, or agents. The
foregoing indemnity is specifically and expressly intended to constitute a waiver of
each Party’s immunity under Washington’s Industrial Insurance act, RCW Title 51, as
respects the other Party only, and only to the extent necessary to provide each Party
with a full and complete indemnity of claims made by the other Party’s employees.
The parties acknowledge that these provisions were specifically negotiated and agreed
upon by them.
8.3 Claims shall include, but not be limited to, defects or mistakes in plans, specifications
and/or drawings, assertions that the use or transfer of any software, book, document,
report, film, tape, or sound reproduction of any kind, delivered hereunder, constitutes
an infringement of any copyright, patent, trademark, trade name, and/or otherwise
results in unfair trade practice.
8.4 The provisions of this section shall survive the expiration or earlier termination of this
Agreement with regard to any event that occurred prior to or on the date of such
expiration or earlier termination.
9. Audits and Inspections
9.1 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.
9.2 Audits and inspections shall be the responsibility of the County. The City shall
support the County in meeting audit and inspection requirements.
10. 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.
11. No Continuing Services
This Agreement is valid only for an individual work item, as specified in the Scope of Work.
Ongoing services require an interlocal agreement pursuant to Chapter 39.34 RCW.
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12. 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.
13. 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.
14. Headings
The headings in this Agreement are for convenience only and do not in any way limit or
amplify the provisions of this Agreement.
15. 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 CITY OF MEDINA
__________________________ __________________________
Brenda Bauer, Division Director City Manager
Road Services Division
_________________________ __________________________
Date Date
APPROVED AS TO FORM: APPROVED AS TO FORM:
_________________________________ ______________________________
Deputy Prosecuting Attorney City Attorney
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Exhibit 1
2016 Overlay
Scope of Work
The City requests King County Road Services Division to provide design, specifications, advertisement,
construction and construction engineering and other matters pertinent to the inclusion of the City streets for
overlay as part of the King County 2016 Overlay Program (“Project”).
1. The City certifies to the County that the City owns the real property or right-of-way to be overlaid
and additional real property or right-of-way is not needed.
2. The City agrees and has previously approved to pay for PS&E (plans, specifications, and estimate)
costs consisting of on-site review, measurement and calculation of quantities of the City streets for
the development of the engineer’s estimate.
3. The preparation work for the City street for overlay will be part of the Project. The preparation
work may include: pre-leveling, square cut and patching, sub-grade compaction, etc. as agreed to by
the City.
4. The replacement and/or repair of any traffic loops, striping, RPMs, and other roadway
appurtenances that are removed as required for the overlay shall be included as part of the Project.
5. Any ADA ramps required upgrades shall be part of this Project and included as part of the cost
estimate, if applicable.
6. Any work needed on survey monuments must be done in compliance with RCW 58.09.130 and
WAC 332-120 including, but not limited to: research, recovery and repair of monuments; pre-
overlay inventory and referencing; and post overlay monument inspection, verification, or re-
establishment. This work shall be included as part of the Project.
7. In the event the County’s contractor uncovers any materials while doing work solely related to the
completion of the City’s portion of the Project that requires special handling and/or disposal under
any local, state or federal laws or regulations (including, but not limited to, hazardous waste,
dangerous waste, toxic waste or contaminated soil) the City will be responsible for all costs incurred
in handling and/or disposing of such materials.
8. The City shall be responsible for all costs associated with the Project.
9. The City, not the County, shall be responsible for meeting all grant requirements.
10. The City and the County shall follow the communication protocol as outlined in the “Overlay
Communication Plan” attached hereto.
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Construction Contract Bidding
1. The County shall prepare the contract bid documents. The County shall provide the City a minimum
of one copy of the plans and specifications advertised for bid, and an electronic file of the contract
documents. The County shall solicit the construction Contractor in accordance with the applicable
statutory requirements for purchasing set forth in King County Code and State Law.
2. The County shall open the bids and shall notify the City of the time and date of the bid opening,
which is typically two to three weeks after the Project is advertised. The City may attend the
opening of the bids.
3. The County shall award the contract to the lowest responsible bidder for the total Project, subject to
applicable laws and regulations.
4. The County shall require that the City is included as an additional insured on the Project
contractor(s) insurance policy(s), and that the City is included in the Project contract(s)
indemnification provisions and receives the same protection as received by the County.
5. The County assures the City that its procedures are consistent with applicable laws relating to public
contract bidding procedures, and the City neither incurs nor assumes any responsibility for the
County’s bid, award or contracting process.
6. In connection with this Agreement, neither the County nor any party contracting or subcontracting
in connection with the Project shall discriminate on the basis of race, color, sex, religion,
nationality, creed, marital status, sexual orientation, age or the presence of any sensory, mental or
physical handicap in employment or application for employment or in the administration of the
delivery of services or any other benefits under this Agreement. The County shall comply fully with
all applicable Federal, State, and local laws, ordinances, executive orders and regulations that
prohibit such discrimination.
Contract Administration
1. The County shall provide the necessary engineering, administrative, inspection, clerical and other
services necessary for the completion of the Project.
2. The County shall provide lead inspection services for the Project. The City may furnish an
inspector at the City’s expense, to periodically monitor compliance with requirements during the
construction of the Project. The City’s inspector shall advise the County of any deficiencies from
the approved construction plans. City personnel shall not communicate directly with or instruct the
contractor directly on any matters regarding contract performance and compliance.
3. The City shall notify the County, in writing, of any changes it wishes to make in the construction
which affect the Project. The County Road Engineer will have the authority to determine whether
any changes requested by the City will be implemented. The City will be financially responsible for
those requested construction changes.
4. Prior to the Project completion, the Parties shall perform a mutual final inspection of the Project.
The City is responsible for all costs related to providing its own inspector. Final acceptance of the
Project shall be by the County Road Engineer or designee.
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Overlay Communication Plan
Pre-Construction Phase
• At or before the Pre-Con, the City will provide contact information including cell number, email,
and fax number for at least 2 people involved with the overlay.
• The City must be represented at Pre-Construction Conference.
o The County will review communication procedures between the County, Contractor and
City at this time.
o The City will direct the County for methodology for citizen inquiries and/or complaints.
• Contractor’s schedule(s) will be distributed to the City as received by the County.
• The City will be responsible for all citizen and utility notification.
• The City will notify the Resident Engineer for additional service requests such as:
o Mobile signage requests
o Off duty officer requests
o Additional Quality Control not specified in contract.
• The County will provide the cost estimate for additional services requested.
Construction Phase
• The Resident Engineer will check-in with the City at least once a month if scheduled work is more
than a month away.
• The Resident Engineer will brief the City on progress/status approximately 1-2 weeks prior to work
starting in the City.
• During construction, the Inspector or the Resident Engineer will check in with the City daily.
o The County will notify the City of all citizen contacts and disposition, either answered
directly or referred to city staff.
• All changes requested during construction must be a written agreement signed by the City or an
email authorizing the change (see attached authorization form) per the Change Order Process
described above.
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Change Order Process
• The City shall identify to the County within fifteen (15) calendar days of the verified bid tabulation date,
those streets identified with exclusionary language, that are to be deleted from construction.
• The City streets not identified for exclusion within the fifteen (15) calendar days shall be included with
the construction contract.
• The total cost of the City streets identified with exclusionary language shall not exceed 25% of the
City’s portion of the Project.
• During performance of the construction contract, the City shall notify the County, in writing, of any
changes or additions it wishes to make in the plans and specification which affect the City’s portion of
the Project and the County will notify the City which changes or additions shall be made, if feasible.
The City shall be liable for all costs increases, (including delays or impacts to the County’s contractor)
if any, which may be incurred on the Project.
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