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HomeMy WebLinkAboutRoadway & Utility Maintenance City of Shelton ILA - Interlocal AgreementROADWAY AND UTILITY MAINTENANCE AND INSTALLATION INTERLOCAL AGREEMENT BETWEEN MASON COUNTY AND CITY OF SHELTON THIS INTERLOCAL AGREEMENT is made and entered into pursuant to the Interlocal Cooperation Act, Chapter 39.34 of the Revised Code of Washington, on the a4e` day of June. , 2025, by and between City of Shelton (hereinafter referred to as CITY) and Mason COUNTY (hereinafter COUNTY) collectively referred to as PARTIES. WHEREAS, pursuant to the Interlocal Cooperation Act, Chapter 39.34 RCW, the Parties agree that it is to the mutual advantage of the County and the City to cooperate as described herein to make the most efficient use of their resources to provide services and facilities needed by the citizens residing within their respective jurisdictions; and WHEREAS, RCW 39.34.080 authorizes a public agency to contract with another public agency to perform any governmental service, activity, or undertaking that each public agency is authorized by law to perform; and WHEREAS, the City and County entered an Interlocal Agreement dated October 15, 2024, for the exchange of equipment and small public works services; and WHEREAS, Section 6 of the above -mentioned Interlocal Agreement states that larger projects exceeding a day of work, such as paving and chip sealing, shall require a separate agreement; and WHEREAS, RCW 35.77.020 allows cities to enter into agreements with the county in which they are located for all or a specified part of the construction, repair, or maintenance of city streets and bridges; and WHEREAS, the City intends now and in the future to utilize County assistance in roadway paving projects, and in the future both agencies may elect to jointly install water, sewer, storm drainage, or other utilities. NOW THEREFORE, in consideration of the terms, conditions, covenants, and performances contained herein, or attached and incorporated and made a part hereof, IT IS MUTUALLY AGREED AS FOLLOWS: 1. General: It is the purpose of the Agreement to permit the parties to make the most efficient use of their resources by enabling them to cooperate by furnishing each other manpower, equipment, and materials when available on a reimbursable basis for roadway and utility maintenance or installation activities and/or cooperate on joint agency roadway and utility maintenance and/or installation projects. This will be done with the understanding that the work of the owner of the requested resources takes priority. Each Party has the right, in its sole discretion, to decline requests to perform work or services. 2. Administration of Agreement: Each Party to this agreement shall communicate to the other party its designated agreement representative, which shall by default be the Directors of Public Works. 3. Term of Agreement: This agreement shall take effect upon execution by both Parties and shall Page 1 remain in effect until either Party terminates by giving the other party written notice, provided that neither Party shall be obligated to utilize the equipment or services of the other Party at any time or in any instance. The agreement shall cover all properly -authorized work, services, and projects that are within the agreement's parameters, without further action of the City Council or County Commission except to budget for services, materials, and work. 4. Responsibility for competitive bidding and purchasing: Each Party shall be responsibility for ensuring compliance with competitive purchasing and bidding requirements. Each party shall defend, indemnify, and hold the other Party harmless from any and all disputes and claims that arise from its alleged failure to comply with bidding laws. 5. Maximum expenditure: The maximum amount payable for work to be performed under this Agreement by the City shall meet the purchasing requirements of RCW 35.23.352(1)-(6). 6. Services requests: Each request for service shall be submitted by the Public Works Director or designee on behalf of each Party. Each request for service shall be in writing on standardized forms (when possible), and shall specify the service required, the amounts and types of labor, equipment, and material required, the location of the work, the estimated cost of the work, when the work is to be performed, and other information pertinent to the request. Upon receipt of the request, the party which has been requested to supply the service shall indicate their acceptance or rejection of the request, have it signed by their authorized official, and return a copy to the requesting party. In cases of emergency, the request and approval may be done verbally but must be documented in writing within forty-eight (48) hours of the verbal request. 7. Care and maintenance of equipment: Each party shall exercise reasonable care in the use of the other parry's equipment to perform work. Any damage other than normal wear will be the responsibility of the party in possession of the equipment at the time the equipment is damaged. 8. Invoicing and payment: The parties to this Agreement agree that the party receiving services under this Agreement shall reimburse the party providing the services for their actual direct and related indirect costs, including supplies, materials, equipment, and labor. The party providing the services shall invoice the party receiving the services at agreed upon intervals. Invoices shall be paid within thirty (30) days of receipt. Rates charged for equipment (which include consumable items, but not labor) shall be billed per the current version of the FEMA schedule of equipment rates. Equipment not shown on the FEMA rate schedule shall be billed at a previously agreed upon rate by both agencies. Hourly labor rates charged to the nearest Yz hour by each agency shall be based on the actual cost of each employee including benefits. The hourly rate may be increased to include items such as overtime and/or call -out time identified in labor agreements, as separately documented by an agency on the project invoices. Each Party shall compensate the other for the full cost of supplies and materials acquired to perform work for the other party. The Parties shall purchase supplies and materials at the lowest reasonable cost. 9. Payment disputes: In the event of a dispute over the amount due for services, the receiving party shall promptly pay any undisputed amounts to the providing party. The City and County Managers shall confer and reach agreement on payment disputes. Page 2 10. Quality of work: Each Party shall ensure that all work it performs meets the other Party's specifications and accepted industry standards. Each Party has the right to require the other Party to remedy defective work. 11. Labor disputes: Each Party shall defend, indemnify, and hold the other Party harmless from any claims made by members of that Party's bargaining unit. 12. Right of entry and easements: The party receiving services under this Agreement shall be responsible for obtaining easements or rights of entry as necessary to accomplish all work or services requested as a part of this Agreement. 13. Citizen complaints: The Party in whose jurisdiction the work is being performed shall be responsible for handling citizen complaints concerning the work, such as noise, dust, road closures, and damage. 14. Relationship of the Parties: The employees or agents of each party who are engaged in the performance of this Agreement shall continue to be employees or agents of that party and shall not be considered for any purpose to be employees or agents of the other party. This Agreement is for the benefit of the parties, and no third -party beneficiary relationship is intended. No separate legal entity is created by this Agreement. No joint organization is created. No common budget is to be established. No personal or real property is to be jointly acquired or held. 15. Indemnity and insurance: Each Party shall indemnify, defend, and hold harmless the other Party and its officers, officials, employees and agents, from and against any and all claims, actions, suits, liability, loss, expenses, damages, and judgments of any nature whatsoever, including costs and attorney fees in defense thereof, for injury, sickness, disability or death to persons or damage to property or business, caused by or arising out of that Party's acts, errors or omissions in the performance of this Agreement. In the event of concurrent negligence, the party bearing the indemnity obligation shall be liable to the extent of its own negligence. The Parties waive their immunity under the State Industrial Insurance Law, Title 51, RCW, for any injury or death suffered by their own employees caused by or arising out of their own acts, errors or omissions in the performance of this Agreement. This waiver has been mutually negotiated by the Parties. Each Party shall maintain and keep in force, through its self- insurance program or participation in a recognized governmental risk pool, insurance coverage or financial responsibility of such scope and limits as are necessary and appropriate to fully support and satisfy its indemnification, defense, and hold harmless obligations under this Agreement. Such coverage shall be maintained for the duration of this Agreement and any applicable statute of limitations period thereafter. 16. Compliance with laws: The Parties shall comply with all applicable federal, state and local laws, rules and regulations in performing this Agreement, including but not limited to laws governing public works and procurement. 17. Non-discrimination policy: The County and City shall not discriminate in the performance of this Agreement because of race, color, national origin, sex, sexual orientation, gender expression, age, religion, creed, marital status, disability, or other status protected by law. 18. Filing: This document shall be filed with the County Auditor pursuant to RCW 39.34 or, alternatively, listed by subject on each Party's website. 19. Legislative approval required: Pursuant to RCW 39.34.030, this Agreement shall be Page 3 approved by each Party's legislative authority before taking effect. After legislative approval, each Party's designated representative may approve minor or nonmaterial modifications to the Agreement. IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year first above written. BOARD OF COUNTY COMMISSIONERS CITY OF SHELTON MASON COUNTY, WASHINGTON Sharon Trask, Chair ATTEST: McKenzie Smith,`Clerk of the Board AAA c Mark Zieglerf(CManager APPROVED AS TO FORM: RECOMMENDING APPROVAL: ��,� DPA nn White ea , Ch. Mikunty Engineer Page 4