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HomeMy WebLinkAboutCOW 2009-11-23 Item 4E - Interlocal Agreement - Emergency Maintenance with King County Road Services Division COUNCIL A GENDA SYNOPSIS �11LA _W ITEM NO. J- ,4S' Initialr 1 Meeting Date 1 frepareci by 1 Mayor's review 1 Council revze)v 1 0 Rl j El 1 11/23/09 11W RT 1 A,44P 44 v Q,' O 1 12/07/09 Prim RT 90= I I I 1 ITEM INFORIIlIATION cAS NUMBER: 09-166 'ORIGINAL AGENDA DATE: NOVEMBER 23, 2009 LGENDA ITEM TITLE Interlocal Agreement with King County Road Services Division ;ATEGORY Discussion Motion Resolution Ordinance BidAzvard Public Hearing Other Mtg Date 11/23/09 Mtg Date 12/07/09 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date PONSOR Council Ma Adm Svcs DCD Finance Fire Legal P&R 111 Police PW PONSOR'S This Interlocal Agreement with King County Road Services Division will enable the City to UMMARY use King County services in the event of an emergency or disaster where cleanup, maintenance, or construction work is necessary. The type of services requested of King County may be too large or cannot be completed by our City staff due to limited time and available personnel. This is a no cost commitment from the City and all requested work with the scope and cost must accepted by the City. EVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 11/16/09 ;ECOMMENDATIONS: SPONSOR /ADMIN. Public Works COMMrITEE Unanimous Approval; Forward to Committee of the Whole CO ST IMPACT 1.FUND -SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 $0.00 Ind Source: omments: Master agreement with no cost commitment, each service will be specifically submitted. JITG: DATE RECORD OF 'COUNCIL ACTION 11/23/09 1 12/07/09 1TG. DATE I ATTACHMENTS 11/23/09 1 Informational Memorandum dated 11/12/09 Interlocal Agreement Minutes from the Transportation Committee meeting of 11/16/09 12/07/09 1 58 TO: City of Tukwila INFORMATIONAL MEMORANDUM Mayor Haggerton Transportation Committee FROM: Interim Public Works Director DATE: November 12, 2009 SUBJECT: Interlocal Agreement with King County Services Provided by the Road Services Division ISSUE Execute an Interlocal Agreement with King County to allow the City to request services to be performed by the King County Road Services Division. ANALYSIS RECOMMENDATION attachments: Interlocal Agreement W\PW Eng1OTHER\Robin Tischmak12009 KC Interlocal TC memo.doc Jim Haggerton, Mayor BACKGROUND King County Road Services Division has the personnel and the ability to perform a broad range of services related to maintenance and construction that they are currently providing to local agencies throughout King County. These services are provided only at the request of a local agency and are limited to a specific scope of work. The type of services generally requested are consistent with the services performed by the City maintenance staff, but may be too large or cannot be completed by the City due to limited time and available personnel. This agreement will enable the City to use King County services in the event of an emergency or disaster where clean up, maintenance or construction work is necessary. An example list of services provided by the County is included as an attachment to the Interlocal Agreement. King County has prepared the attached master agreement to perform services as requested by the City. There is no cost commitment from the City by execution of this agreement; rather, the City will determine the scope of any requested work and must agree to accept or not accept the cost as estimated by the County. Council is being asked to consider the Interlocal Agreement with King County Road Services Division at the November 23, 2009 Committee of the Whole and subsequent December 7, 2009 Regular Meeting. 59 60 INTERLOCAL AGREEMENT BETWEEN KING COUNTY AND THE CITY OF TUKWILA FOR PROVISION OF SERVICES BY THE KING COUNTY ROAD SERVICES DIVISION THIS AGREEMENT is made and entered into by and between King County, hereinafter called the "County," and the City of Tukwila, hereinafter called the "City." RECITALS A. The City owns public roads and traffic devices which require maintenance and/or other improvements. B. The City wishes the County Road Services Division to provide or perform certain services for the City. C. 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. D. This 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. E. The parties are authorized by RCW Chapter 39.34 to enter into an interlocal cooperation agreement of this nature. NOW, THEREFORE, the parties agree as follows: TERMS AND CONDITIONS: 1. Services 1.1 The County Road Services Division will, upon the City's request, provide the City with Traffic Maintenance, Road Maintenance, Construction Management and Engineering, Environmental services and other road related services. Examples of the types of Traffic and Road Maintenance services to be provided are contained in Exhibit 1 of this Agreement. The services provided to the City shall be any service that the City requests to the extent that the County Road Services Division is able to provide such service. 1.2 The County shall only perform services as requested by the City through the procedure described in Section 2 below. 1.3 The County shall act as a contractor of services only and will not purport to represent the City professionally other than in providing the services requested. i 61 62 1.4 The County shall be the lead agency for the completion of work items requested by the City. The County shall provide services in the type, nature, and magnitude requested by the City. 1.5 In the event either party decides to make changes to the work items requested that alters the original scope of work, written notification from the City authorizing such changes shall be required preceding any such work. 2. Procedure for Reauestina Services 2.1 The City shall request services furnished by the County through the procedure identified in Exhibit 2 of this Agreement. 2.2 The County shall provide the City with a cost estimate for individual service requests. 3. County and City Coordination 3.1 The City and County shall notify each other in writing of their respective operations liaison(s) responsible for administering day -to -day operational activities related to the provision of services under this Agreement. 3.2 The County and City liaisons shall meet as needed to review performance or to resolve problems or disputes. Any problems or disputes which cannot be resolved by the City and County liaisons shall be referred to the authorized City representative and the Road Services Division Director. 4. Personnel and Eauinment 4.1 The County is acting hereunder as an independent contractor so that: a. control of personnel standards of performance, discipline, and all other aspects of work shall be governed entirely by the County; b. except as described in 4.3 below, all persons rendering service hereunder shall be for all purposes employees of the County. 4.2 The County shall furnish all personnel, resources, and materials deemed by the County to be necessary to provide the services herein described and subsequently requested and authorized by the City. 4.3 In the event the County uses a contractor to perform one or more of the services requested by the City, the appropriate supervision and inspection of the contractor's work will be performed by the County. 2 5. Compensation 5.1 Costs. The City will pay the County for actual costs (direct labor, employee benefits, equipment rental, materials and supplies, utilities, permits, and administrative overhead costs) for the services provided by the County as set forth herein. Administrative overhead costs for each work item shall be charged as a percentage of direct labor costs. 5.2 Billing. The County shall bill the City monthly for the costs of services provided. The monthly bill will reflect actual costs plus the administrative overhead set forth in Section 5.1 above. Payments are due within 30 days of the City's receipt of said invoice. 5.3 Extraordinary Costs. Whenever the City desires to modify a requested service, it shall notify the County in writing of that desire, and the County shall, before providing the modified service, advise the City in writing as to whether the modification would result in any increased or extraordinary costs and the amount thereof. If, after receiving such notification, the City authorizes the modification of service in writing then it shall be responsible for any increased or extraordinary costs in the amount specified by the County. If the City decides not to authorize the modification of service, it shall notify the county in writing, and advise the county whether service shall continue as originally requested or the city cancels the request. If the City cancels the request, the City shall be responsible for all cost incurred by the County prior to and in connection with the cancellation. 6. City Responsibilities 6.1 The City hereby gives authority to the County to perform services within the City limits for the purposes of carrying out this Agreement. 6.2 The City is responsible for obtaining any permits or other authorizations that may be necessary for the County to carry out the work under this Agreement. 6.3 Nothing in this Section shall alter the status of the County and the Road Services Division as an independent contractor of the City, and the County's actions shall not be deemed to be those of the City when exercising the authority granted in this Section 6. 7. County Responsibilities 7.1 The County shall furnish and supply all necessary labor, supervision, machinery, equipment, materials, and supplies to perform the services requested by the City. 7.2 The County shall make every effort to recognize pertinent City deadlines for completion of services, and shall notify the City of any hardship or other inability to perform the services requested, including postponement of work due to 3 63 64 8. Duration 8.1 This Agreement is effective upon signature by both parties, and shall remain in effect for the remainder of the calendar year in which it is signed and throughout the following calendar year. 8.2 Thereafter, this Agreement shall renew automatically from year to year effective January 1 to December 31 of each calendar year, unless either party notifies the other in writing to terminate or make substantial changes to this Agreement by April 1 of the preceding calendar year. 9. Indemnification circumstances requiring the County to prioritize its resources toward emergency- related work outside of the City limits. Washington State law shall govern the respective liabilities of the parties to this Agreement for any loss due to property damage or injury to persons arising out of activities conducted pursuant to it. 10. Insurance The County certifies that it is fully self insured. 11. 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 after termination. 12. Entire Agreement and Amendments This Agreement contains the entire written agreement of the parties hereto and supersedes any and all prior oral or written representations or understandings. This Agreement may be amended at any time by mutual, written agreement between the parties. 13. 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. 14. Other Provisions 14.1 Nothing contained herein is intended to, nor shall be construed to, create any 4 rights in any party not a signatory to this Agreement, or to form the basis for any liability on the part of the City and the County, or their officials, employees, agents or representatives, to any party not a signatory to this Agreement. 14.2 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. 14.3 The headings in this Agreement are for convenience only and do not in any way limit or amplify the provisions of this Agreement. 14.4 This Agreement contains the entire agreement of the parties and any representations or understandings, whether oral or written, not incorporated herein are excluded. IN WITNESS WHEREOF, the parties have executed this Agreement effective as of the date last written below. KING COUNTY CITY OF TUKWILA King County Executive City Mayor Date Date Approved as to Form Approved as to Form King County Deputy Prosecuting City Attorney Attorney 5 65 66 Exhibit 1 1. Traffic Services: The following are examples of traffic services provided by the County. Actual services provided will be those requested by the City, and the County shall provide such services in the magnitude, nature, and manner requested by the City. The City shall set its own service level standards and policies for all roadway features. The County is merely a contractor for the purpose of implementing City roadway service standards and policies. 1.1 Sign Maintenance: Replacing faded sign faces and rotten posts, straightening leaning posts, cleating uncleated posts, relocating signs for visibility or pedestrian safety, maintenance of vandalized signs or signs damaged by vehicle accidents, inspection of signs to check for reflectivity, cutting or trimming bushes or limbs blocking visibility, removal of signs when appropriate, installation of new signs upon City request. 1.2 Signal Maintenance: Replacing and cleaning light systems for signal and flasher displays and signs, installation and repair of vehicle detector loops, checking and adjusting signal timing, examining traffic signal operation to assure it is operating as intended, inspecting hardware for wear or deficiencies, testing and repairing of electronic control devices and components, repair or replacement of signal and flasher displays and supports or wiring external to controller cabinets, modification of controller cabinets, testing of new and modified cabinets and control devices, traffic counter testing and repair, preventative maintenance. 1.3 Sign Fabrication: Design and fabricate signs of any size as needed by the City. 1.4 Crosswalks: Refurbishing with thermoplastics and temporary tape and removal when appropriate. 1.5 Stop Bars: Refurbishing with thermoplastics and temporary tape and removal when appropriate. 1.6 Arrows/Legends: Remarking worn arrows and removing when appropriate. 1.7 Curb Painting: Maintenance of curbing, islands, and parking stalls. 1.8 Raised Pavement Markers: Removal and replacement of raised pavement markers or rumble bars. 1.9 Striping: Painting linear road stripes on pavement, such as centerlines, edge lines, radius and channelization, removal of lines, stripes, or symbols. 1.10 Street Lights: Replacement of light bulbs in existing street lights not maintained by power companies, repair and replacement of street light heads, poles, or wiring. 6 1.11 Utility Locating: Locating underground traffic facilities for utilities or other digging operations. 1.12 Flasher /Crosswalk Preventative Maintenance Examining to assure equipment is operating as intended and inspecting hardware for wear or deficiencies. 2. Roadway Maintenance: The following are examples of roadway maintenance services provided by the County. Actual services provided will be those requested by the City, and the County shall provide such services in the magnitude, nature, and manner requested by the City. The City shall set its own service level standards and policies for all roadway features. The County is merely a contractor for the purpose of implementing City roadway service standards and policies. 2.1 Traveled Roadway Surface: Patching, crack pouring, pre -level work, pavement replacement, grading, dust control. 2.2 Shoulders: Restoration construction, paving, curb and gutter repair, spraying, extending pavement edge. 2.3 Drainage: Installation of drainage pipe, curb, catch basins, culvert headers /trash racks; hand ditching, drainage pipe repair, catch basin and manhole cleaning, blade ditching/shoulder pulling, drainage systems cleaning, pipe marking, drainage preparation, catch basin repair, culvert header /trash rack replacement and repair, bucket ditching, catch basin replacement, erosion control, catch basin/manhole cover replacement, silt removal, Ditchmaster ditch cleaning. 2.4 Structures: Installation of rock, gabion and rip -rap walls, guardrails, fencing, median barrier walls; rock wall repair or replacement, guidepost installation, guardrail repair, retaining wall repair, median barrier replacement, guardrail post removal, fencing repair, bridge repair. 2.5 Traffic and Pedestrian Facilities: Concrete sidewalk installation, sidewalk/walkway repair, hazardous material cleanup, street sweeping, street flushing, snow and ice control, maintaining traffic control barricades. 2.6 Roadside: Landscape restoration, slope /shoulder mowing, litter pickup, hand brushing, danger tree removal, landscape maintenance, slide removal, ornamental tree maintenance, tree trimming, hand mowing, roadside spraying, tansy ragwort spraying, washout repair. 7 67 68 Exhibit 2 Services Reauest Process 1. City liaison completes a "Request and Approval for Services" (Form A attached). 2. City Mayor, or designee, signs under the heading "Authorization for Request of Services" on the Form B. 3. The Form A is transmitted to the County liaison. 4. The County liaison delegates the request to the appropriate Section for review. 5. A County Section representative will complete Form A of the "Request and Approval for Services." Form B will include the recommended action, cost estimate, and proposed schedule. If the Road Services Division is unable to provide the requested service, a notation will be made on the Form B, and the form will be returned to the City in a timely manner. 6. The County's cost estimate will include all applicable costs for the service requested as described in Section 5.1 of the Agreement. 7. If the cost estimate is $500 or less, the County may proceed with the requested service as authorized by the city representative on Form A. If the cost estimate is over $500, Form B is transmitted to the City liaison for authorization. The signed Form B is then transmitted back to the County. 8. The County shall complete the requested work upon receipt of the signed Form B. If the County is unable to compete the work in accordance with the proposed schedule, it shall notify the city immediately. 9. The County and City liaisons maintain a file of all service requests. 10. The County liaison maintains a tracking system of all the service requests and provides the City with an updated report at least quarterly. 8 Request Number: Date: Nature of Request: Location: Requester Name: Address: Telephone: Authorization for Request of Services: Cost Estimate: Proposed Schedule: Authorization to Proceed: Director, Road Services Division City Authorized Signature (if cost estimate over $500) REQUEST AND APPROVAL FOR SERVICES CITY OF TUKWILA FORM A City Authorized Signature Date FORM B Date: Project/Work Order Number: Recommended Action: 9 Date Date Date Completed: 69 70 TRANSPORTATION COMMITTEE Meeting Minutes November 16, 2009 5:00 p.m. Conference Room 1 City of Tukwila Transportation Committee PRESENT Councilmembers: Dennis Robertson and Verna Griffin Absent: De' Sean Quinn, Committee Chair, was unable to make it on time for the meeting due to traffic Staff: Bob Giberson, Jack Pace, Robin Tischmak, Pat Brodin, Cyndy Knighton, Gail Labanara and Kimberly Matej CALL TO ORDER: The meeting was called to order at 5:07 p.m. L PRESENTATIONS No presentations. H. BUSINESS AGENDA A. Interlocal Agreement with King County Road Services Division Staff is seeking full Council approval to enter into an interlocal agreement with King County Road Services Division which will allow the City to request services from King County relative to traffic and road maintenance, construction management and engineering, environmental services and other road related services. There is no cost associated with the execution of this agreement. The agreement will allow the City to use King County Road Services Division in circumstances where a project is too large for the City to complete, or there is limited time or staff availability. The agreement allows for contracting with the County on short notice essentially to act on behalf of City staff. Additionally, County services can be contracted and used in the event of an emergency and /or disaster for things such as clean -up, maintenance and construction. Costs would only be incurred when the City requests service work. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 23 COW FOR DISCUSSION. B. Ordinance for King County South Park Bridge Adopting King County Development Regulations Staff is seeking full Council approval of a draft ordinance which adopts all King County development codes for the South Park Bridge Replacement project. On November 4, 2002, the City Council passed Resolution 1508 which authorized an interlocal agreement between the City and King County for the transfer of responsibilities relating to the maintenance, operation, rehabilitation and/or replacement of the South Park Bridge. A section of the interlocal agreement required that the City adopt all County zoning, land use, shoreline and development regulations and fees for work related to the replacement design and construction of the South Park Bridge. This draft ordinance adopts all requirements related to the South Park Bridge authorized by the interlocal agreement. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 23 COW FOR DISCUSSION. C. Tukwila Urban Center Access (Klickitat) Proiect Supplemental Agreement No. 8 with HNTB Staff is seeking full Council approval for Supplemental Agreement No. 8 with HNTB Corporation in the amount of $147,384 for final design and final bid documents associated with the Tukwila Urban Center Access (Klickitat) Project. This supplemental agreement will include completion of the project design and preparation of ad -ready contract documents for project bid. Additionally, in the interest of time and efficiency, this agreement includes anticipated WSDOT redesign requirements that have been pre negotiated with HNTB in order to 71