HomeMy WebLinkAbout23-086 - City of SeaTac - Interlocal Agreement: SeaTac Public Works Fleet MaintenanceDocuSign Envelope ID: 6FE773B8-1981-44E1-9B08-C119348266A7
City of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Agreement Number: 23-086
Council Approval 4/3/23
AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF SEATAC AND
THE CITY OF TUKWILA FOR SEATAC PUBLIC WORKS FLEET MAINTENANCE
THIS IS AN INTERLOCAL AGREEMENT ('Agreement") between the City of SeaTac,
hereinafter referred to as "SeaTac," and the City of Tukwila, hereinafter referred to as
"Tukwila", collectively, "Parties" and individually a "Party".
Whereas, this Agreement is entered into by the Parties under the authority RCW 39.34,
the Interlocal Cooperation Act.
Whereas, the purpose of this Agreement is to make available to SeaTac's fleet
maintenance/repair service performed by Tukwila, or under contracts entered into by
the Tukwila. Tukwila shall provide mechanical maintenance/repair service for fleet
vehicles/construction equipment owned by the City of SeaTac collectively, as detailed
in Exhibit A.
To carry out the purposes of this Agreement and in consideration of the benefits to be
received by each Party, the Parties hereby agree as follows:
1. DURATION AND TERMINATION
This Agreement shall be govern services rendered from the Effective Date
through December 31, 2033 ("Initial Term"), PROVIDED, HOWEVER, that the
term of this Agreement may be extended for one (1) additional ten (10) year
term (Extension Term), at the sole discretion of Tukwila, by written notice from
the City of Tukwila to SeaTac, FURTHER PROVIDED, HOWEVER, that the City
of Tukwila's obligations after December 31, 2033, are contingent upon local
legislative appropriation of necessary funds for this specific purpose in
accordance with the applicable law.
The terms of the Agreement can be revisited every two (2) years by the parties to
this Agreement. Tukwila or SeaTac may voluntarily terminate this Agreement if
desired. The Party terminating the agreement shall give the other Party a minimum
of twelve (12) months' prior written notice.
SCHEDULING WORK
Whenever SeaTac desires to use Tukwila's services to undertake routine
maintenance or repair of SeaTac vehicles, SeaTac shall notify Tukwila's Fleet
Superintendent, identified below, for scheduling the work via e-mail. To the
extent SeaTac's vehicles are in need of scheduled maintenance or unscheduled
repair, such maintenance and/or repair will be provided on an "as needed" basis
at Tukwila's Fleet Superintendent's discretion with emergent repairs being
undertaken as soon as reasonably possible.
3. TRANSPORTATION
SeaTac shall provide for transportation of vehicles to and from Tukwila's service
location, set forth in Section 7 below. In situations where the vehicle is
DocuSign Envelope ID: 6FE773B8-1981-44E1-9B08-C119348266A7
inoperative, Tukwila's Fleet Superintendent will determine whether the vehicle
shall be towed to Tukwila's service location or repaired at SeaTac's location. If
the vehicle needs to be towed, it shall be a SeaTac's sole cost.
4. MAXIMUM COST FOR REPAIRS — EXTENT OF WORK
The cost for each repair work order shall not exceed Five Hundred and no/100
Dollars ($500.00) without consultation by Tukwila with SeaTac. The SeaTac
Contract Administrator, identified below, will advise Tukwila whether or not to
proceed with specified repairs identified for particular vehicle when charges
exceed the above amount. Vehicle repair estimates provided by Tukwila are
estimates; if repair costs are estimated to exceed the original estimate provided by
over $100, Tukwila will contact SeaTac for permission to proceed with repairs.
5. STANDARD SPECIFICATIONS AND MAINTENANCE SCHEDULE
Whenever Tukwila has standard specifications in place for supplies or services
requested by SeaTac, Tukwila shall use such specification in replacing parts
and/or performing services requested. Tukwila's Preventive Maintenance
schedule shall be used for SeaTac equipment.
REPLACEMENT OF EQUIPMENT
Whenever SeaTac or Tukwila deems an equipment should be replaced rather
than repaired due to the cost involved or age of equipment, Tukwila shall
provide feedback and recommendations to aid SeaTac in its selection process
for equipment replacement based on the maintenance record that Tukwila has
with the old equipment.
7. SERVICE LOCATION
Services on SeaTac vehicles shall be performed at Tukwila's service location,
located at Tukwila's Fleet & Facilities Building (11210 Tukwila International Blvd,
Tukwila, WA 98168), unless specific circumstances warrant the use of other
necessary locations.
8. WAGE REQUIREMENTS
Tukwila shall conduct the service in compliance with King County wage
requirements. Rates may vary in years subsequent to the initial year of this
Agreement based upon the actual cost to Tukwila and as provided in a written
annual letter of notification to SeaTac issued pursuant to subsection 9.3 of this
Agreement.
9. COMPENSATION
Compensation for services rendered during the Initial Term and the Extension
Term of this Agreement shall be based on rates approved annually through the
Tukwila budget process and formally distributed by January 1st of the calendar
year.
9.1 Tukwila labor shall be provided at a cost per hour for passenger
car/light-duty vehicle repair services; and heavy truck and equipment
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repair services; pursuant to annual rates identified in Exhibit B. Overtime
labor shall be provided at 1.5 times the appropriate hourly rate.
Equipment categories are further defined as follows:
• "Light Equipment" = Automotive/Light Duty — Passenger cars
and pickup trucks up to 1 -ton category (Ford F350 equivalent).
• "Heavy Equipment" = Trucks above 1 -ton category (F450
equivalent and above) and including dump trucks, vactor
trucks, street sweepers, backhoes, aerial lift "bucket" trucks,
road graders, snow removal equipment, and other municipal
heavy equipment, usually diesel powered.
9.2 Vendor repairs shall be provided at Tukwila cost plus labor for
transporting to and from vendor at the light equipment Tukwila labor rate,
and direct purchase parts shall be supplied at cost +15%. Tukwila will notify
SeaTac when work needs to be sent to an outside vendor. SeaTac will
provide Tukwila with written permission before moving forward with vendor
repairs.
9.3 In the event of any changes in rates of compensation, parts, labor, and
vendor repair costs, Tukwila will submit a letter to SeaTac by January 1st
of the year, notifying SeaTac of any changes in rates of compensation for
parts, labor and vendor repair costs before applying such new rates to all
work performed for SeaTac for that year. •
9.4 It is estimated that labor hours expended on SeaTac fleet repair and
maintenance may be six hundred (600) hours annually. Tukwila labor hours
designated for SeaTac fleet repair and maintenance shall be a minimum of
Six Hundred (600) hours annually. However, the Parties agree to an end -
of -year reconciliation of services rendered and payments made to evaluate
labor rates and services provided to ensure sustainability of the agreement
for the upcoming year.
10. PAYMENT FOR SERVICES
10.1 Tukwila shall invoice SeaTac monthly. Payments are due within thirty
(30) days upon receipt of an invoice by SeaTac.
10.2 Payment as provided in this section shall constitute full compensation for
work performed, services rendered, and for all materials, supplies, equipment
and incidentals necessary to complete the work.
11. WARRANTY
Tukwila warrants that all work on, or parts provided to, SeaTac's vehicles will
be free from defects not inherent in the quality required or permitted, and that
the work will conform to the requirements of the Agreement. Work not
conforming to these requirements, including substitutions not properly approved
and authorized in writing may be considered defective. All materials and work
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shall be guaranteed for a period of ninety (90) days ("warranty period") after the
date the work order is closed. During the warranty period, Tukwila shall upon
notification by SeaTac of any malfunctions, make necessary repairs at Tukwila's
expense.
12. INDEMNIFICATION
SeaTac shall hold harmless, indemnify, and defend, at its own expense,
Tukwila, its elected and appointed officials, officers, employees,
representatives, and agents from any loss or claim for damages of any nature
whatsoever arising out of SeaTac's performance of this Agreement, including
claims by SeaTac's employees, or third parties, except for those losses or
claims for damages solely caused by the negligence or willful misconduct of
Tukwila, its elected and appointed officials, officers, employees,
representatives, or agents.
Tukwila shall hold harmless, indemnify, and defend, at its own expense,
SeaTac, its elected and appointed officials, officers, employees,
representatives, and agents from any loss or claim for damages of any nature
whatsoever arising out of Tukwila's performance of this Agreement, including
claims by Tukwila's employees or third parties, except for those losses or claims
for damages solely caused by the negligence or willful misconduct of the
SeaTac, its elected and appointed officials, employees, representatives, or
agents.
In the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of
Tukwila and SeaTac, their officers, employees, representatives, and agents,
each Party's liability hereunder shall be only to the extent of their respective
negligence.
It is further specifically and expressly understood that the indemnification
provided herein constitutes both Tukwila's and SeaTac's waiver to each other
only, of their respective immunity under Industrial Insurance, Title 51 RCW,
solely for purposes of this indemnification. This waiver has been mutually
negotiated by the Parties. The provisions of this Section shall survive the
expiration or termination of this Agreement.
13. INSURANCE
Each Party shall each provide and maintain suitable commercial general liability
and auto liability insurance policies to protect it from casualty losses by reason of
the activities contemplated by this Agreement. The limits of liability for each
coverage shall be at least Two Million Dollars ($2,000,000) each occurrence. Each
Party shall provide the other Party with a Certificate of Liability Insurance or
Evidence of Coverage; provided, that if either Party is self-insured or part of a self-
insurance risk pool, it will provide a letter of self-insurance as evidence of
coverage.
14. AUDITS AND INSPECTIONS
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The records and documents with respect to all matters covered by this contract
shall be subjected to inspection, review or audit by Tukwila or SeaTac at the
requesting Party's sale expense during the term of this Agreement and three (3)
years after expiration or termination. Such records shall be made available for
inspection during regular business hours within a reasonable time of the request.
A records report shall be provided by Tukwila to SeaTac annually.
15. FINANCE AND BUDGET
No special budget or funds are anticipated, nor shall any be created. The Parties
are each responsible for their own finances in connection with this Agreement, and
nothing in this Agreement shall be deemed or construed otherwise.
16. APPLICABLE LAW; VENUE; ATTORNEYS FEES
This Agreement shall be subject to, and the Parties shall at all times comply with,
all applicable federal, state and local laws, regulations, and rules, including the
provisions of the City of Tukwila Municipal Code and ordinances of the City of
Tukwila. In the event any suit, arbitration, or other proceeding is instituted to
enforce any term of this Agreement, the Parties specifically understand and agree
that venue shall be properly laid in King County, Washington. The prevailing party
in any such action shall be entitled to its attorney's fees and costs of suit. Venue
for any action arising from or related to this Agreement shall be exclusively in King
County Superior Court.
17. SEVERABILITY AND SURVIVAL
If any term, condition or provision of this Agreement is declared void or
unenforceable or limited in its application or effect, such event shall not affect any
other provisions hereof and all other provisions shall remain fully enforceable. The
provisions of this Agreement, which by their sense and context are reasonably
intended to survive the completion, expiration or cancellation of this Agreement,
shall survive termination of this Agreement.
18. ENTIRE AGREEMENT; MODIFICATION
This Agreement, together with attachments or addenda, represents the entire and
integrated Agreement between Tukwila and SeaTac and supersedes all prior
negotiations, representations, or agreements written or oral. No amendment or
modification of this Agreement shall be of any force or effect unless it is in writing
and signed by the Parties.
19. NO WAIVER
Failure to insist upon strict compliance with any terms, covenants or conditions of
this Agreement shall not be deemed a waiver of such, nor shall any waiver or
relinquishment of such right or power at any time be taken to be a waiver of any
other breach.
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DocuSign Envelope ID: 6FE773B8-1981-44E1-9B08-C119348266A7
20. ADMINISTRATION
This Agreement will be jointly administered by Tukwila and SeaTac. This
Agreement does not create any separate legal or administrative entity
21. NOTICES
Notices to the City of Tukwila shall be sent to the following address:
City Clerk
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
Notices to the City of SeaTac shall be sent to the following address:.
Public Works Maintenance and Operations
City of SeaTac
2000 5 136th St
SeaTac, WA 19168
21. PROPERTY ACQUISITION AND DISPOSITION
This Agreement does not contemplate the joint acquisition of property by the parties. At
termination, each party will remain the sole owner of its own property.
22. PUBLICATION
Prior to its entry into force, the Parties shall electronically publish this Agreement on
their respective websites in lieu of recording it with the County Auditor.
23. EFFECTIVE DATE
This Agreement shall be effective upon the latest date it is executed by all Parties.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date last
written below.
CITY OF SEATAC
Carl Cole, City Manager
Date
CITY OF TUKWILA
HPdeugwo
OocuSigned by:
�.E LEtLR732,8G02„.„„.„.
Allan Ekberg, Mayor
5/8/2023 1 4:15 PM PDT
Date
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DocuSign Envelope ID: 6FE773B8-1981-44E1-9B08-C119348266A7
APPROVED AS TO FORM:
SeaTac, 'lty Attorney
f/2//P
Date
APPROVED AS TO FORM:
DocuSigned by:
Ste.
k4aitr...44-145F-4.52
Office of the City Attorney
5/8/2023 1 4:14 PM PDT
Date
ATTEST/AUTHENTICATED:
DocuSigned by:
L
Sfy 01-'FLALGvhi
RRfi78483CP594E7
Christy °'Flaherty, City Clerk
5/8/2023 1 4:24 PM PDT
Date
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DocuSign Envelope ID: 6FE773B8-1981-44E1-9B08-C119348266A7
Exhibit A - City of SeaTac Fleet 2023
Current
Asset #
Description
Date in
Service
6036
2003 Ford F450 XL 1 Ton Flat Bed
5/2/2003
13037
B044
2003 F-450 Flatbed
5/2/2003
2005 F-450 Supercab 4x2
6/14/2005
B051
12005 Ford F250 4x4 Truck
3/23/2005
B055
2008 Ford F-250 Supercab Pick Up Truck
6/21/2007
B056
2008 Ford F-250 Crew Cab 4x2 Truck
1/1/2007
B060
2008 Ford E14 Econo Cargo Van
5/20/2008
B061
2008 EK SII 14 Passenger Van
9/8/2008
B062
2010 Ford F-250 Extended Cab Truck
9/29/2009
B064
2013 Ford F-250
12/11/2012
13065
2013 Ford F-250
12/11/2012
8066
2014 Ford F -250 4X2
11/22/2013
6067
2014 Ford F-250 4X2
11/22/2013
B068
2014 Ford F-550 XL
12/4/2013
6069
2014 Ford Senator 12 Passenger van
4/11/2014
2/6/2015
B070
2015 Ford F-150
B071
2014 Ford F-150
12/1/2014
B072
2014 Ford F 150 4X4
4/22/2015
B073
2016 Ford Transit
12/28/2015
6074
2016 Ford F-150
11/1/2016
B075
6076
2016 Ford F-150
11/4/2016
2015 Ford F-150
11/1/2016
8077
2017 Ford F-150 4X4
5/1/2017
B078
2017 Ford F-150 4X4
5/1/2017
5/1/2017
B079
2017 Ford F-150 4X2
B080
2017 Ford F-150 4X2
5/1/2017
13081
2017 Ford F-150 (parks)
6/14/2017
B082
2017 Ford F-150 (parks)
6/6/2017
13083
2017 Ford Escape (pw admin)
8/31/2017
B084
2017 Ford Escape (pw admin)
8/31/2017
B085
Ford Escape SE AWD
7/11/2018
13086
Ford Escape SE AWD
7/11/2018
8/24/2018
8087
2018 Ford Escape 5E AWD
B088
2019 Ford Escape SE AWD
8/8/2019
8089
2019 Ford Escape SE AWD
8/8/2019'.
B090
2019 Ford F150 ]CIE SC 4WD
8/14/2019
B091
2019 Ford F150 SC 4X4 Truck
9/24/2019
8092
2019 Ford Transit 15 Passenger Van
10/4/2019
10/21/2019
B093
2019 Ford F-150 SC 4x2
B094
2019 Ford F150 SC 4x2
10/22/2019
B095
6096
2019 Ford F150 CC 4x2
10/22/2019
2019 Ford Transit Cargo Van
11/26/2019
B097
2020 Ford F150 SC 4WD
2/20/2020
B098
2020 Ford Transit 15 Passenger Van
6/18/2021
C013
2000 Trailer Concrete Mixer
12/27/2000
8
DocuSign Envelope ID: 6FE773B8-1981-44E1-9B08-C119348266A7
Exhibit A - City of SeaTac Fleet 2023
C015
2003 Eagle Premier Utility Trailer
6/17/2003
0016
2004 Eagle Premier Utility Trailer
2/28/2004
C019
2006 Brush Chipper
6/29/20061
CO20
CO21
2006 Crafco Crack Sealer/Air Comp/Trail
7/31/2006
2006 Air Compressor/Jack Hammer
9/14/2006
CO22
CO24
2007 Wanco Arrow board Trailer
4/23/2007
2007 Eagle Landscape Trailer
5/5/2008
CO26
2009 Eagle Landscape Utility Trailer
12/4/2009
1CO27
2012 Top Notch Tilt Utility Trailer
12/19/2011
CO28
2014 Eagle Landscape Trailer
1/13/2015
CO29
2014 Wanco Arrow Board
12/19/2014
C030
C031
2015 Eagle Landscape Trailer
8/11/2015
2018 Fory Cargo Mate Utility
10/25/2017
C032
2015 RU2 800 Radar Traff Trailer
11/16/2015
C033
2017 Utility Trailer (Roller)
11/27/2017
C034
C035
2018 Tilt Trailer King
4/25/2018
2008 GENERATOR 208/480V TRAILER
7/1/2018
C037
C038
2018 Hydrotek Tailer/Pres Washer
3/18/2019
4/13/2021
2019 Ver -Mac Message Board
C039
12019 Ver -Mac Message Board
4/13/2021
C040
C041
2019 Ver -Mac Message Board
4/13/2021
2019 Ver -Mac Message Board
4/13/2021
D016
D032
D040
1999 10yd Dump Truck
2/28/1999
5/5/2004
2004 Hyster 5X40 Forklift
2009 Freightliner Hook Lift/Dump Truck
12/17/2008
D042
2008 Freightliner Hot Box Patcher
9/28/2009
0043
D044
2009 John Deere Gator
9/23/2009
11/16/2010
2010 Billy Goat Debris Blower/Trailer
D045
(3) 6,100 Galion Storage Tank
11/20/2010
D047
D048
1,000 Gallon Tank Sprayer
11/20/2010
11/20/2010
325 Gallon Tank Sprayer
D049
2011 Toro Groundsmaster 4000 Mower
6/21/2011
D050
2011 Broyhill Stadium 110 Sprayer
6/21/2011
0051
2013 John Deere Gator
4/24/2013
6/25/2013.
1D053
2013 Sweeper
1D054
2014 VacCon
5/31/2013
D055
2014 John Deere 1200A Bunker & Field F
11/1/2014
D056
D057
2014 John Deere 1200A Bunker & Field F
11/1/2014
2014 John Deere 1200A Bunker & Field F
11/1/2014
10/1/2014
D058
Paint Striper
D059
12014 Toro mower
11/1/2014
D060
12014 John Deere 4052R Compact Tracto
9/18/2014
0061
D062
2014 Exma rk Turf Tracer
11/12/2014
Hot Bituminous Applicator
8/19/2014
0063
2015 John Deere 6105M Cab Tractor w/t
2/10/2016
D064
2016 Ford Cutaway Camera Truck
9/15/2015
D065
2015 John Deere 6105M Cab Tractor w/
2/10/2016
9
DocuSign Envelope ID: 6FE773B8-1981-44E1-9B08-C119348266A7
Exhibit A - City of SeaTac Fleet 2023
D066
2016 John Deere 310L Backhoe Loader
1/14/2016
D067
Ver -Mac Message Board
11/1/2016
D068
Ver -Mac Message Board
11/1/2016
D069
2016 Debris Blower Toro
4/25/2018
D070
2017 Wacker RD -12 1/2 Ton Roller
11/17/2017
D071
2020 Dump Truck w/box
7/19/2019
D072
2019 Turfco Mete -R -Matic IV Top Dress(
9/24/2019
D073
Backhoe Loader410L
12/28/2021
D074
....................:....
Walker Mower
6/28/2021
D075
Ground Master
D076
INew Brine Machine
Grandstand
10/1/2022
D077
INONE2
,Lincoln Ranger 9 Gas Welder
8/23/2004
NONE3
American IMC Air Compressor
11/22/2004
5009
Fastliner Paint Sprayer
10/15/2001
5017
1999 Tenco Snow Plow
3/23/1999
5024
2006 Jumping Jack
Push Camera/Capital Equipment
8/14/2006
3/20/2019
5025
Toro 0 Turn Mower
10
DocuSign Envelope ID: 6FE773B8-1981-44E1-9B08-C119348266A7
Exhibit B - Tukwila Billible Rate
Irmo ''
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idl1111110 mMIl lljII�l1�11�11�111�1�11��111 ` I���111 Ilo I IIII kkkN,Iliiflil�I111IIII�IU�1lllt �Vlllll�l�l
1111111,111,11
Labor rate
(includes salary, benefits, and taxes)
Overhead %
(utilties, shop supplies, excludes indirect cost allocation)
Billable Labor Rate: I $ 151.42
11