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Home My WebLink About5.404 Original Contract -4 .' AGREEM 1~411 This agreement, made and entered into this ~ day Julv ,19 96 , by and between Clallam County, Washington, a political subdivision of the State of Washington and City of Port Angeles, P.O. Box 1150, Port Angeles, WA 98362, and shall remain in force until December 31, 2000. In consideration of the mutual covenants and promises contained herein, it is hereby agreed by the parties to this agreement as follows: 1. Upon written request from City of Port Angeles made upon a form supplied by ClaIlam County, Clallam County agrees to perform work requested by City of Port Angeles, reserving however, the right to deny or approve each application of City of Port Angeles on an individual basis. 2. Clallam County shall not be responsible for assuring that the bid laws, and bid law limitations, and other Federal, State and local regulations of the performance of road or public work by the City of Port Angeles are complied with before the County does the requested work. The County assumes that the request as made is lawful and assumes no liability should there be irregularities or illegalities in the request made by the City of Port Angeles for work. 3. The City of Port Angeles hereby agrees to reimburse the County for the costs of the work performed by the County, based on the actual cost of labor, equipment rental, engineering, materials used in the construction or maintenance work involved, plus all costs for fringe benefits to labor, including but not limited to, social security, retirement, industrial and medical aide costs, prorated sick leave, holidays and vacation time, and group medical insurance. The County shall submit to the City of Port Angele!> a certified statement of the costs incurred in performance of the project, and within thirty (30) days thereafter the City of Port Angeles shall pay to the County the amount of the statement. 4. It is understood and agreed between the parties that this contract cannot be assigned, transferred or any portions subcontracted hereunder by the County without the prior written permission of the City of Port Angeles. It is further understood and agreed between the parties that the City of Port Angeles may not assign or subcontract any of its rights under this agreement. 5. The City of Port Angeles agrees to defend, indemnify and save harmless the County, its appointed and elected officers and employees, 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 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, whether such injury to persons or damage to property is due to the negligence of the City of Port Angeles, his/her subcontractors, its successor or assigns, or its or their agent, servants, or employees, the County, its appointed or elected officers, employees or their agents, except only such injury or damage as shall have been occasioned by the sole negligence of the County, its appointed or elected officials or employees. It is provided that no liability shall attach to the County by reason of entering into this contract, except as expressly provided herein. 6. With respect to the performance of this Agreement and as to claims against the County, its appointed and elected officers, agent and employees, the City of Port Angeles 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 City of Port Angeles. This waiver i!> mutually negotiated by the parties to this Agreement. 7. If the other party to this agreement is a city, the County, in its performance of the work under this contract shall abide by the provisions of RCW 35.77.020, .030, .040 and WAC 136-32. o~~.~~v~ BOARD OF CLALLAM COUNTY COMMISSIONERS Date: Julv 2. 1996 ~I~ P I Ip Kltc le , aIr ~~/.LI Mart a M. Ireland ~~~ Title: Mayor ~ ATTEST: f\atu\~ Karen 'Plores, Clerk of the Board 6/17/96 APPROVED AS TO FORM: MASTR/LIABAGMT DOC . " '" ~ ~ 'v REQUEST TO THE CLALLAM COUNTY ROAD DEPARTMENT FOR REIMBURSABLE WORK TO THE CLALLAM COUNTY ENGINEER: Pursuant to terms of an agreement ~ween Clallam County and the City of Port \ .' I~ 00/'-. Angeles adopted and approved on -->u \ y/Z_ (\ J )I.qhe undersigned hereby requests Clallam County to perform the work described as striping at a time and in a manner convenient to Clallam County. The City of Port Angeles will be responsible for traffic control and street sweeping preparation. The undersigned hereby guarantees reimbursement to Clallam County for all work done striping city streets through December 31,2000. Work not to exceed $ 'S 080.00 , per year. DATE_\.)~j .s:fF~IGNATURE TITLE Did\-- 0\'/ Dl \:=>--CC.....TOe- OF ~bQlG l.0:,li-lC~ , ******************************************************************************** TO THE BOARD OF CLALLAM COUNTY COMMISSIONERS: Date J\JL'i "8, \qqlo I have examined the above request and make the following recommendations: We will accomplish this as part of our normal scheduling of striping county roads. ******************************************************************************** ./'- . ~ , BEFORE THE BOARD OF CLALLAM COUNTY COMMISSIONERS STATE OF WASIDNGTON Jt( 1-/b-9~ ~ ....... In the matter of: Request of City of Port Angeles for Construction, Maintenance, and/or Repair of Streets ) ) ) CR RESOLUTION NO. 3c?,1996 WHEREAS, Clallam County and the City of Port Angeles have entered into an agreement whereby Clallam County, upon request of the City of Port Angeles and approval by the Board of County Commissioners, will construct, maintain and/or repair certain streets in the City of Port Angeles, the costs of which are to be reimbursed by the City of Port Angeles; and, WHEREAS, City of Port Angeles has requested that Clallam County construct, maintain and/or repair certain streets located therein; and, WHEREAS, R.C.W. 35.77.020 provides that approval by Clallam County shall be accomplished by resolution of the Board of County Commissioners. NOW, THEREFORE, be it resolved that at the request of the City of Port Angeles certain named roads/streets inside the City limits have edge-line striping applied by county forces through December 31,2000, total cost including materials not to exceed $5.000.00 per year, is hereby approved, recognizing that the county road work will have priority and that the City of Port Angeles will be responsible for street sweeping preparation and supply traffic control for the work. DATED this I ~-bIv day of Vld1 · 1996 \ BOARD OF CLALLAM COUNTY COMMISSIONERS ~~ ~~J Phillip Kikhel, Chair ~~PJ MJ M. 1reland~ Dorot~n ATTEST: ~WlP 11 NimJ x3 Cle k of the Board cc: Road Dept. ~ F CR RESOLUTION NO. 3~ ,1996 5. </0<1 REQUEST TO THE CLALLAM COUNTY ROAD DEPARTMENT FOR REIMBURSABLE WORK To the: Clallam County Road Engineer 223 E. 4th St. P.O. Box 863 Port Angeles, W A 98362-0149 (360) 417-2319 FX (360) 417-2513 Pursuant to terms of an agreement between Clallam County and the City of Port Angeles adopted and approved on September 7. 1999 the undersigned hereby requests Clallam County to perform the work listed below at a time and in a manner convenient to Clallam County. The undersigned hereby guarantees reimbursement to Clallam County for all labor, material, equipment, and labor costs to: Chip seal various City streets. Work not to exceed $ 100.000.00 per year. Billmg Address: City of Port Anqeles % Public Works Departrrent PO Box 1150 Port Angeles. WA 98362 Date: 'I-7-QQ MAWR) (j,.AR...Y BR AU N J Signature (L~ t~ G ~d:-~ . Nam' of Autho zing Agent Mp.vEJf(__ Title <117- </6/Y) Phone No. ******************************************************************************** (County Use) Work request IS hereby D Accepted D Rejected Authorizing Official Date MASTR\REIMBW AG DOC IlIMQ7 > - \., BEFORE THE BOARD OF CLALLAM COUNTY COMMISSIONERS STATE OF WASHINGTON 5. <10<1 Jjr d!t ~fw In the matter of: Request of City of Port Angeles for Clearing and Ditching Along the Former Railroad Grade ) ) ) CR RESOLUTION NO. ~, 2000 WHEREAS, Clallam County and the City of Port Angeles entered into an agreement on July 16, 1996 whereby Clallam County, upon request of the City of Port Angeles and approval by the Board of County Commissioners, would perform work inside the City limits, the costs of which would be reimbursed by the City of Port Angeles; and, WHEREAS, City of Port Angeles has requested that Clallam County clear and ditch along the former railroad grade from the eastern fence line at the Rayonier Mill site to the vicinity of Lee's Creek/Moss Street in support of the Olympic Discovery Trail project work this year.; and, WHEREAS, R.C.W. 35.77.020 provides that approval by Clallam County shall be accomplished by resolution of the Board of County Commissioners. NOW, THEREFORE, be it resolved that the request of the City of Port Angeles that a portion of the old railroad grade inside the City limits be cleared and ditched by county forces through December 31, 2000, total cost including materials not to exceed $6,000.00 per year, is hereby approved, recognizing that county road work will have priority. DATED this ..fi/+e~ day of fd>vuCU'"V{ ,2000 BOARD OF CLALLAM COUNTY COMMISSIONERS ATTEST: ~vr;A/l ?e-Wotr Trish Perrott Clerk of the Board cc: Road Dept. CR RESOLUTION NO. /5 , 2000 J \Users\LFOX\REIMB\REWCTYPA.DOC t ....~.. .,. REQUEST TO THE CLALLAM COUNTY ROAD DEPARTMENT FOR REIMBURSABLE WORK TO THE CLALLAM COUNTY ENGINEER: Pursuant to terms of an agreement between Clallam County and the City of Port Angeles adopted and approved on July 16, 1996 the undersigned hereby requests Clallam County to perform the work described below at a time and in a manner convenient to Clallam County. The undersigned hereby guarantees reimbursement to Clallam County for all labor, material, equipment costs (through December 31,2000) to: County road crews will clear a 12 foot width along the former railroad grade from the eastern fenceline at the Rayonier Mill to the vicinity of Lee's Creek/Moss Street. Water will be drained from the trail by means of cross drainage ditches. All clearing and ditching is in support of this Summer's (2000) Olympic Discovery Trail Project. Work not to exceed $ 6,000.00. Billing Address: City of Port Angeles Public Works Department PO Box 1150 Port Angeles, WA 98362 Date: 2/8/00 Glenn A Cutler Name of Authorizing Agent for the City of Port Angeles ~Cc, ~ Signature Director of Public Works & Utili ties Title (360) 417-4801 Phone No. ******************************************************************************** (County Use) Wark request is hcre,by ~ J\ccented L--....J ~ ~oo Date J \Users\LFOX\REIMB\REWCTYPA.DOC 5.<{tJ<! REQUEST TO THE CLALLAM COUNTY ROAD DEPARTMENT FOR REIMBURSABLE WORK ~ To the: Clallam County Road Engineer 223 E. 4th St. P.O. Box 863 Port Angeles, W A 98362-0149 (360) 417-2319 FX (360) 417-2513 Pursuant to terms of an agreement between Clallam County and the Ci tv of Port Anqeles adopted and approved on July 16. 1996 the undersigned hereby requests Cla11am County to perform the work lis~ed below at a time and in a manner convenient to Clallam County. The undersigned hereby guarantees reimbursement to Clallam County for all labor, material, equipment, and labor costs to: rhi p ~Prll vrlri ()11~ ri ty ~trppt~ Work not to exceed $ 50 . 000 . 00 per year. Billing Address: rTTV OF POR~ AN~F.TR~ Public Works & Utilities Department PO Rox 1150 Port Angeles, WA 98362 Date: July 18. 2000 MAYOR Title 360-417-4500 Phone No. ******************************************************************************** (County Use) Work request is hereby ~ccePted '25 J.I, CD Date MASTR\REIMBW AG.DOC 11/(,/Q7 5. <-10<1 ~~ .' REQUEST TO THE CLALLAM COUNTY ROAD DEPARTMENT FOR REIMBURSABLE WORK TO THE CLALLAM COUNTY ENGINEER: Pursuant to tenns of an agreement between Clallam County and the City of Port Angeles adopted and approved on July 16, 1996 the undersigned hereby requests Clallam County to perfonn the work described below at a time and in a manner convenient to Clallam County. The undersigned hereby guarantees reimbursement to Clallam County for all labor, material, equipment costs (through December 31,2000) to: County road crews will clear a 12 foot width along the fonner railroad grade from the eastern fenceline at the Rayonier Mill to the vicinity of Lee's Creek/Moss Street. Water will be drained from the trail by means of cross drainage ditches. County crews will also remove landslide debris and repair revetment near Lees Creek. All clearing, ditching, landslide removal and revetment repair is in support of next Summer's (2001) Olympic Discovery Trail Project. Work not to exceed $ 10,000.00. Billing Address: c.. \''( 0 F po~r /'teN b-~ --p. o. ~c>>L "'$0 Date: q /7-",),,'" I I 'Vo(C!:" A r0 lr ~es ) VVA 9 ~~ l..Jrz- \v\ \C \-\: A-6L- Q U \ ~ \"l ~~ the Gity o[Port Angeles ~ature c... \ 'T'( "^ A.~ Po6e=r2- Title (?~0 ~'1-L{SDI Phone No. ******************************************************************************** Work request is hereby (County Use) ~ccePted ~ Rejected ~~ \""~=- G.'0\\'-4N T\-\\S ~ lD,oCO \? n-tE.. $lo,LX.'X) Ac.a~ z-l'tJ/LX\ fl-\)~ <:A A I Ol)() '",,-8-N ~f2- ,r.:::.. \c::)17~ (!)~ ~l(),OL'Q.. \T ~S ~Q\ $\l~IDOl)PL\\S ~b,o(JO 1~1t.. ~ l b ,G'b "t() 1'7X- .. ~~~~ Authorizing Official ~~\~ l1, leiX-) Date J:\Users\LFOX\REIMB\REWCTYPA DOC .~.. BEFORE THE BOARD OF CLALLAM COUNTY COMMISSIONERS STATE OF WASHINGTON r-~f"r::"VErJIb 'Ol~/l) OCT 09 2000 ~ ., In the matter of: ."i '" · --. III nUb"''''''W Request of City of Port Angeles ) for clearing, ditching, removing ) landslide material and repairing revetment ) along the Former Railroad Grade ) CR RESOLUTION NO. ~, 2000 WHEREAS, Clallam County and the City of Port Angeles entered into an agreement on July 16, 1996 whereby Clallam County, upon request of the City of Port Angeles and approval by the Board of County Commissioners. would perform work inside the City limits, the costs of which would be reimbursed by the City of Port Angeles; and, WHEREAS, City of Port Angeles has requested that Clallam County clear, ditch, remove landslide debris and repair revetment along the former railroad grade from the eastern fence line at the Rayonier Mill site to the vicinity of Lee's Creek/Moss Street in support of the Olympic Discovery Trail project work this year.; and, WHEREAS, R.C.W. 35.77.020 provides that approval by Clallam County shall be accomplished by resolution of the Board of County Commissioners. NOW, THEREFORE, be it resolved that the request of the City of Port Angeles that a portion of the old railroad grade inside the City limits be cleared, ditched, landslide debris be removed and revetment repaired by county forces through December 31, 2000, total cost including materials not to exceed $10,000.00 per year, is hereby approved, recognizing that county road work will have priority. DATED this --f11 u-d.., day of Oihbt-.v , 2000 BOARD OF CLALLAM COUNTY COMMISSIONERS ~rty~ ~ ~,/J.-v-,- Step P. Tharinger /" ATTEST: ~1'7h f e/vvott Trish Perrott Clerk of the Board cc: Road Dept. CR RESOLUTION NO. (;1 ,2000 J. \Users\LFOX\REIMB\REWCTYP A.DOC 5. </04 ~h 0'3/1'3/01 BEFORE THE BOARD OF CLALLAM COUNTY COMMISSIONERS STATE OF WASHINGTON In the matter of: Request of City of Port Angeles for the County to perform work on City streets ) ) ) CR RESOLUTION NO. 31 , 2001 WHEREAS, Clallam County and the City of Port Angeles entered into an agreement on February 27, 2001, which is attached hereto as Exhibit A, whereby Clallam County, upon request of the City of Port Angeles and approval by the Board of County Commissioners, would perform construction and maintenance work upon streets inside the City limits, the costs of which would be reimbursed by the City of Port Angeles; and, WHEREAS, R.C.W. 35.77.020 provides that approval of such an agreement by Clallam County shall be accomplished by resolution of the Board of County Commissioners. NOW, THEREFORE, be it resolved that the request of the City of Port Angeles for an agreement for construction and maintenance work to be performed upon streets inside the City limits by county forces through December 31, 2005, is hereby approved, recognizing that county road work will have priority, and further that the agreement dated February 27, 2001 is ratified hereby. DATED this J1-lII-- +-UncVV> day of /vf.Lu~ , 2001 EI- WY..d 41?Sence.. Michael C. Chapman ATTEST: {~ -rn~~ 7tvV()tr Trish Perrott Clerk of the Board cc: Road Dept. CR RESOLUTION NO. 31 ,2001 J IUsersILFOx\REIMBIREWCTYPA DOC AGREEMENT :--rh This agreement, made and entered into this 1-1 day of ft"bruJ] f#, , 2001 , by and between Clallam County, Washington, a political subdivision of the State of ashmgton and City of Port Angeles, P.O. Box 1150, Port Angeles, W A 98362, and shall remain in force until' December 31,2005. In consideration of the mutual covenants and promises contained herein, it is hereby agreed by the parties to this agreement as follows: I. Upon written request from the City of Port Angeles made upon a form supplied by Clallam County, Clallam County agrees to perform work requested by the City of Port Angeles, reserving however, the right to deny or approve each application ofthe City of Port Angeles on an individual basis. 2. Clallam County shall not be responsible for assuring that the bid laws, and bid law limitations, and other Federal, State and local regulations of the performance of road or public work by the City of Port Angeles are complied with before the County does the requested work. The County assumes that the request as made is lawful and assumes no liability should there be irregularities or illegalities in the request made by the City of Port Angeles for work. 3. The City of Port Angeles hereby agrees to reimburse the County for the costs of the work performed by the County, based on the actual cost oflabor, equipment rental, engineering, materials used in the construction or maintenance work involved, plus all costs for fringe benefits to labor, including but not limited to, social security, retirement, industrial and medical aide costs, prorated sick leave, holidays and vacation time, and group medical insurance. The County shall submit to the City of Port Angeles a certified statement of the costs incurred in performance of the project, and within thirty (30) days thereafter the City of Port Angeles shall pay to the County the amount of the statement. 4. It is understood and agreed between the parties that this contract cannot be assigned, transferred or any portions subcontracted hereunder by the County without the prior written permission of the City of Port Angeles. It is further understood and agreed between the parties that the City of Port Angeles may not assign or subcontract any of its rights under this agreement. 5. The parties hereby agree to save, indemnify, and hold each other harmless against any and all liability, loss, expense, claims, suits, costs, damages of any nature, or causes of action whatsoever, including the cost of defense and attorneys fees, for personal injury or death or property damage, made against either party, its appointed - 1 - and elected officers, agents, and employees, asserted or arising directly or indirectly out of or in connection with the work which is the subject of this agreement in proportion to the extent of their fault. The parties further agree with respect to the performance of~is agreement and as to claims against themselves, their appointed and elected officers, agents and employees to expressly waive their immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, as now or hereafter amended, for injuries to their employees and agree that the obligations to indemnify, defend and hold harmless provided in this Agreement extend to any claim brought by or on behalf of any of their employees. This waiver is mutually negotiated by the parties to this Agreement. 6. If the other party to this agreement is a city, the County, in its performance of the work under contract shall abide by the provisions ofRCW 35.77.020, .030, .040 and WAC 136-32. CITY OF PORT ANGELES BOARD OF CLALLAM COUNTY CO SSIONERS Bf_~ 1t9'~, Mayo Date: ,;z -:J.-.fY - CJ I oward V. Doherty, Chair St~~ ; ~{. f/JI;t-r;-- Mike Chapman - ATTEST: ATTEST: /)0 t~~ LldnA. Becky J. U n, Clerk I ~s'h ?eArm7 Trish Perrott, Clerk of the Board Approved as to form: ~~~ Craig D. utson, City Attorney Approved as to form: F:\AGREEMENTS&CONTRACfS\liabagrmt.doc February 13,200 1 -2- ORDINANCE NO. 3076 AN ORDINANCE of the City of Port Angeles, Washington authorizing the execution of an agreement with Clallam County for the performance of work on City streets and repealing Ordinance No. 2922. WHEREAS, RCW 35.77.020 provides that the City may enter into an agreement ith the County authorizing the County to perform work on City streets and that such agreement hall be approved by ordinance of the City Council and by resolution of the Board of County WHEREAS, the City and County previously entered into an agreement providing or said services on July 2, 1996, as authorized by Ordinance 2922; and WHEREAS, the July 2, 1996 agreement is outdated and both the City and County . sh to update the agreement, providing for such services until December 31, 2005; and WHEREAS, it is in the interests ofhoth the City and the County as well as the itizens thereof that the County be authorized to perform work on City streets 'On a reimbursable NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT GELES DOES HEREBY ORDAIN as follows: Section 1. Ordinance 2922, adopted by the City Council of the City of Port geles, on July 2, 1996, and published on July 7, 1996, is hereby repealed. Section 2. The Mayor of the City of Port Angeles is hereby authorized to execute e agreement for performance of work on City streets by Clallam County on a reimbursable asis as set forth in the agreement which is attached hereto as Exhibit A. Section 3. The Director of the Department of Public Works or his designee is uthorized to request the performance of work pursuant to the agreement with Clallam County hrough December 31, 2005. 1 ... ..---, . a Section 4. This Ordinance shall take effect five days after publication. PASSED by the City Council of the City of Port Angeles at a regular meeting of aid Council held on the 20th day of February, 2001. lTIBLISIrED: FEBRUARY 25. 2001 By Summary :\ORDINANCES&RESOUITIONS\2000-26.oro. wpd cbruary 13,2001 , 2 .< ,. 5. <(0<(- .. . ORDINANCE NO. 2922 i ,I ,\ I , II '! Jj AN ORDINANCE of the City of Port Angeles, Washington, authorizing the execution of an agreement with Clallam County for the performance of work on City streets and repealing Ordinance No. 2435. WHEREAS, RCW 35.77.020 provides that the City may enter ;into an agreement with the County authorizing the County to perform I work on City streets and that such agreement shall be approved by ordinance of the City Council and by resolution of the Board of :! County Commissioners; and, WHEREAS, the City and County previously entered into an : agreement providing for said services on February 17, 1987, as I! authorized by Ordinance 2435; and, :1 !Iboth the City and County wish to update the agreement, providing WHEREAS, the February 17, 1987, agreement is outdated and II for such services until December 31, 2000; and, II I, WHEREAS, it is in the interest of both the City and the i " i1County as well as the citizens thereof that the County be ,authorized to perform work on City streets on a reimbursable basis; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT , , "ANGELES DOES HEREBY ORDAIN as follows: Section 1. Ordinance 2435, adopted by the City Council of the City of Port Angeles February 3, 1987, and published on April 28, 1987, is hereby repealed. Section 2. The Mayor of the City of Port Angeles is hereby authorized to execute the agreement for performance of work on City streets by Clallam County on a reimbursable basis as set forth In the agreement which is attached hereto as Exhibit A. Section 3. The Director of the Department of Public Works or his designee is authorized to request the performance of work pursuant to the agreement with Clallam County through December 31, 2000. Section 4. This Ordinance shall take effect five days after publication. PASSED by the City Council of the City of Port Angeles at - 1 - ~ ;f . ~ 1996. a regular meeting of said Council held on the 2nd day of July, ATTEST: ') ~ ;q Ii' I.OtJ(/\{:l,' " Becky J .q;P . n, ci&L8.J~rk :/:] ~ I, I \ 7_""-;.{4~ \~ky"r 0 "-'OR' .; ~d~ APPR~ AS TO FORM, ),,()~ Craig D .'- Knutson, City Attorney PUBLISHED: July 7, 1996 (By Summary) 96 16 - 2 -