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HomeMy WebLinkAbout121718_ca27 Department of Public Works O Consent Agenda Page 1 of 1 Jefferson County Board of Commissioners Agenda Request To: Board of Commissioners Philip Morley, County Administrator From: Monte Reinders, P.E., Public Works Director/County Engineer C Agenda Date: December 17, 2018 Subject: Interlocal agreement with Clallam County Statement of Issue: The proposed interlocal agreement for the mutual use of Jefferson County and Clallam County as needed from time to time is desirable to establish a structure within which each entity may perform reimbursable work for the other. The existing interlocal agreement expires December 16, 2018. Analysis/Strategic Goals/Pro's & Con's: The agreement simply provides a general framework for specific, later cooperation as mutually agreed by Jefferson County and Clallam County representatives. There are no ongoing projects, but Clallam County has assisted Jefferson County in the recent past with snow/ice control on the West End. Fiscal Impact/Cost Benefit Analysis: There is no intrinsic impact of the broad agreement. The impact of any specific project undertaken under the terms of the agreement will be considered separately based on the needs of each entity. The benefit for each agency is the ability to make use of skilled personnel and equipment appropriate for a given task without having to develop that capability in-house. Recommendation: The Department of Public Work recommends the Board execute the attached interlocal agreement and return to the department for processing. Department Contacts: Matt Stewart, Road Maintenance Superintendent, 360-385-0890 Reviewed By: lajdoca-014 /Z6 hilip Morle 111747nty d '.' •r Date CLALLAM COUNTY PUBLIC WORKS DEPARTMENT REIMBURSABLE WORK AGREEMENT This agreement,made and entered into this day of ,20 ,by and between Clallam County Public Works(hereinafter"County"),Washington,a political subdivision of the State of Washington and Jefferson County Public Works,Washington,a municipal Corporation(hereinafter"Public Agency,623 Sheridan Street, Port Townsend,WA 98368,the requesting agency,and shall remain in force for no longer than five years following the date of this agreement,or to terminate on December 31,2023,whichever comes sooner. In consideration of the mutual covenants and promises contained herein,the parties to this agreement hereby agree as follows: 1. Public Agency hereby requests the County to perform through the Road Division of the Public Works Department,the following work at a time and in a manner convenient to County:construction(not exceeding ten thousand dollars for cities unless done by contractor),repair or maintenance of Public Agency streets,bridges,drainage facilities, sidewalks,curbings,traffic control devices,and further miscellaneous services including engineering and right of way services on an individual basis. Upon written request from Public Agency made upon a form("Work Task Request")supplied by the County,the County agrees to perform work requested by Public Agency,reserving however,the right to the County Engineer to deny or approve each request on an individual basis. 2. The County shall not be responsible for assuring that a request for work complies with bidding laws,and other Federal,State and local regulations governing the performance of such work. The County assumes that any request for work is lawful and assumes no liability should there be irregularities or illegalities in the request for work. 3. The Public Agency hereby agrees to reimburse the County for the costs of the work performed by the County and its workers,based on the actual cost of labor,equipment rental,and materials used in the construction,repair,or maintenance work involved,including costs for overhead,indirect costs,and fringe benefits to labor. The County shall submit to the Public Agency a statement of the costs incurred in performance of the work,and within thirty(30)days thereafter the Public Agency shall pay to the County the amount of the statement. Alternatively,the County and the Public Agency may trade services of comparable value at the County's option. 4. It is understood and agreed between the parties to this agreement that the rights and duties under this agreement shall not be assigned,transferred,delegated,or any portions subcontracted by either party without first obtaining written permission of the other. 5. No liability shall attach to the County by reason of entering into this agreement,except as expressly provided herein. The Public Agency agrees to defend,indemnify and hold the County,its appointed and elected officers, agents and employees harmless from and against all loss or expense,including but not limited to judgments,settlements, attorneys'fees and costs by reason of any and all claims and demands upon the County,its elected or appointed officials or agents or employees for damages because of personal or bodily injury,including death at any time resulting therefrom, sustained by any person or persons,and on account of damage to property including loss of use thereof,if such injury to persons or damage to property is due to the negligence of the Public Agency,its subcontractors,its successor or assigns,or its or their agent,servants,or employees.Provided that nothing herein shall require the Public Agency to indemnify the County against claims,suits,or demands based wholly upon the sole negligence of the County,its appointed or elected officials or agents or employees.For the purposes of this paragraph any agents,servants or employees of the County performing work on behalf of the Public Agency in accordance with this Agreement shall not be considered to be subcontractors,officials,agents, servants or employees of the Public Agency. 6. There is no guarantee the work will meet the satisfaction of the Public Agency,nor that unsatisfactory work will be repaired without additional compensation to the County. The County charges no profit to cover guarantees and does not have total control over traffic,soils,weather,and other factors that might affect the work. 7. With respect to the performance of this Agreement and as to claims against the County,its appointed and elected officers,agents and employees,the Public Agency expressly waives its immunity under Title 51 of the Revised Code of Washington,the Industrial Insurance Act,as now or hereafter amended,for injuries to its employees and agrees that the obligations to indemnify,defend and hold harmless provided in this Agreement extend to any claim brought by or on behalf of any employee of the Public Agency. This waiver is mutually negotiated by the parties to this Agreement. 7:\UsersMpeters2Wgreements\2018 RWA Jeff Cty.doc 11/16/18 8. If the other party to this agreement is a city,the County,in its performance of the work under this agreement shall abide by the provisions of RCW 35.77.020,.030,and 040. BOARD OF CLALLAM COUNTY COMMISSIONERS BOARD OF COMMISSIONERS JEFFERSON COUNTY,WASHINGTON Mark Ozias,Chair David W.Sullivan,Chair Randy Johnson Kate Dean,Member Bill Peach Kathleen Kler, Member Date: Date: Attest: Approved as to form: Loni Gores,Clerk of the Board Cr�/ /Z/146)- i4�'' Approved as to Form Only: Philip C. unsucker Date Chief Civil Deputy Prosecutor Jefferson County Prosecutor's Office Deputy Prosecuting Attorney Date J:\UsersMpeters2\Agreements\2018 RWA Jeff Cty.doc 11/16/18 WORK TASK REQUEST FOR REIMBURSABLE WORK To the: Clallam County Public Works,County Engineer 223 E.4th St., Ste 6 Port Angeles, WA 98362-3015 (360)417-2319 FX(360)417-2513 Pursuant to terms of an agreement between Clallam County Public Works and Jefferson County Public Works adopted and approved on the undersigned hereby requests Clallam County to perform the work listed below at a time and in a manner convenient to Clallam County,as prescribed to Title 35.77 RCW. The undersigned hereby guarantees reimbursement to Clallam County for all costs to: Work not to exceed $ Work is not guaranteed. Billing Address: Date: Name of Authorizing Agent Signature Title Phone No. Fax No. **************************************************************************************** (County Use) Work request is hereby Accepted Rejected County Engineer Date C:\Users\matts AppData\Local\Microsoft\Windows 1NetCache\Content.Outlook\KGR3NIH2\2018 RWATaskReq Jeff Co.doc 11/16/18 REQUEST FOR WORK Party Requesting Service: Party Providing Service: Description of Requested Service: Location of Requested Service: Dates of Requested Service: Estimate and Terms: (include here or attached) Requesting Agency Official Date ❑ Approved ❑ Denied Providing Agency Official Date