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HomeMy WebLinkAboutR-2024-162 Resolution authorizing an Interlocal Agreement with Yakima County for Construction Inspection Services for the Nelson Phase 2 Conveyance Improvements Project IC2010 RESOLUTION NO. R-2024-162 A RESOLUTION authorizing an Interlocal Agreement between the City of Yakima and Yakima County for Construction Inspection Services on the Nelson Phase 2 Pipeline Conveyance Improvements Project IC2010. WHEREAS, the City requires construction inspection services through daily and on- going construction inspections; and WHEREAS, the City does not currently have capacity to undertake the construction inspection services required for the Project, but the County does have such capacity; and WHEREAS, the County has an established organization that is capable of providing construction inspection services and is authorized to provide such services to other governmental agencies pursuant to Chapter 39.34 RCW; and WHEREAS, the County is willing to provide the necessary construction inspection services to the City pursuant to the terms of the Agreement; and WHEREAS, the City's request for services under the Agreement is not intended to exclude the use of private consultants by the City for construction inspection services work on the Project undertaken by the City, if the City deems it necessary or appropriate; and WHEREAS, the City shall pay for any work identified in a Task Assignment as specified by the terms of the Task Assignment and the Agreement; and WHEREAS, the City Council of the City of Yakima finds it is in the best interests of the residents and the City to contract with the County for construction inspection services; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The Interlocal Agency Agreement Between the City of Yakima and Yakima County for construction inspection services on the Nelson Phase 2 Pipeline Conveyance Improvements Project IC2010 is hereby authorized, and the City Manager of the City of Yakima is directed to execute the attached Interlocal Agency Agreement between the City of Yakima and Yakima County for construction inspection services. ADOPTED BY THE CITY COUNCIL this 3rd day of September, 2024. f P Pj � Patricia Byers Mayor ATTEST: PKM� ‘114� 0* :•SEAL •• *0s �S ' osalinda Ibarra, City Cler1� � N� itvG" �� CITY OF YAKIMA AND YAKIMA COUNTY INTERLOCAL AGENCY AGREEMENT FOR CONSTRUCTION INSPECTION SERVICES FOR THE NELSON PH. 2 CONVEYANCE IMPROVEMENTS PROJECT IC2010 THIS AGREEMENT is entered into between Yakima County, Washington (hereinafter referred to as the "County") through its County Roads Department, whose address is 128 North 2nd Street, 4th Floor Courthouse, Yakima, Washington 98901, and the City of Yakima (hereinafter referred to as the "City"), whose address is 129 North 2nd Street,Yakima,Washington 98901,pursuant to RCW 39.34.080. WHEREAS, the CITY requires Construction Inspection Services through daily and on-going construction inspections as requested by the CITY for the Nelson Ph. 2 Conveyance Improvements ("Project")by COUNTY Staff; and, WHEREAS, the COUNTY has an established organization that is capable of providing Construction Engineering Services and is empowered to provide such services to other governmental agencies pursuant to Chapter 39.34 RCW; and, WHEREAS,the COUNTY has capacity to provide Construction Engineering Services to the CITY pursuant to the terms of this Agreement; and WHEREAS, the CITY'S request for services under this AGREEMENT is not intended to exclude the use of Private Consultants by the CITY for Construction Engineering Services work on the Project undertaken by the CITY, if the CITY deems it necessary or appropnate; and, WHEREAS, the CITY desires to obtain such services from the COUNTY and the COUNTY is willing to furnish such services to the CITY, and both deem it in the interest of the public to enter into this AGREEMENT; and, WHEREAS, the actual work to be performed shall be specified in a Task Assignment signed by both parties; and, WHEREAS, the CITY shall pay for any work identified in a Task Assignment as specified by the terms of the Task Assignment and this AGREEMENT; NOW, THEREFORE,the parties hereto agree as follows: I GENERAL A. The Recitals above are incorporated into this Agreement as if fully set forth herein. B. The purpose of this AGREEMENT is to allow the COUNTY provide Construction Engineering Services specifically regarding site inspection work to the CITY on the Project, which is of mutual interest to both parties, C. The COUNTY will provide the CITY with Construction Engineering Services associated with inspections upon the request of the CITY. Any such service shall conform to the standards and guidelines commonly established for inspection services. All work to be performed shall be identified in a Task Assignment agreed to and signed by both parties pnor to any work commencing. D. The parties shall agree on a satisfactory completion date for work performed under any Task Assignment("work completion date"),which shall be specified in the Task Assignment, as well as any other specific requirements of the inspection services agreed upon in the Task Assignment. The term of this Agreement shall be from the date all parties sign this Agreement through December 31, 2027,unless it is mutually agreed to extend this Agreement. II WORK ASSIGNMENT/REQUEST A. Each Task Assignment shall contain a detailed description of the work to be performed, copies of any necessary documents required for the COUNTY to perform the work, and relevant information to the work that would assist the COUNTY; the name and contact information for the CITY employee responsible for the Task; the budget; and a schedule for all services to be rendered. CITY approval is required for budget and schedule changes. B. The CITY shall make available at the time the Task Assignment is approved, and thereafter, to the COUNTY all information and/or documents that have been compiled by or are available to the CITY concerning the project which are relevant to the inspection services to be performed. COUNTY may request additional information which it deems relevant to its inspection work. C. The COUNTY shall furnish all labor, materials, supplies, and incidentals necessary to complete the Task Assignments and shall furnish to the CITY a copy of all information prepared by the COUNTY in performance of each task in a format acceptable to the COUNTY. III PAYMENT The COUNTY shall be paid by the CITY for completed work and for services rendered under this AGREEMENT and associated Task Assignments. Such payment shall be full compensation for work performed or services rendered and accepted by the CITY and for all equipment, labor,materials,supplies, and incidentals necessary to complete the work. The COUNTY acknowledges and agrees that only those costs actually allocable to the Project shall be charged to the Project. A. The COUNTY shall be reimbursed in full by the CITY for its direct and related indirect costs,including vehicle mileage rate at current IRS rates (currently 0.67 per mile). B. All costs billed by the COUNTY shall be at the specific classification's current wage and benefit rate for all actual hours worked on the Project and for the specific employee working directly on the Project; (we need to confirm if the COUNTY has a rate schedule for employees and equipment) C. COUNTY shall bill in increments of not more than .10 hour for each Task Assignment. Payment will be made by the CITY within 30 days of receipt of the COUNTY billing. Billings will not be more frequent than one per month. D. Upon termination of this AGREEMENT the COUNTY shall be paid by the CITY for any outstanding services rendered, task assignments, or work done under this Agreement. No payment shall be made by the CITY for any expense incurred or work done following the effective date of termination unless authorized, in writing,by the CITY. IV LEGAL RELATIONS A. INDEMNIFICATION: Each of the parties to this AGREEMENT shall release, defend, indemnify and hold harmless the other party and its elected and appointed officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers, from and against all liabilities, penalties, costs, losses,damages,and expenses related to all causes of action,claims,demands, suits arbitration actions, investigations, regulatory or other governmental proceedings, or judgments, including without limitation,reasonable attorney's fees,arising out of, connected with,or related to the terms,covenants or conditions of this AGREEMENT or the acts, failures to act, errors or omissions of either party in performance of this AGREEMENT; provided, however, that if the claims or suits are caused by or result from the concurrent negligence of(a)the COUNTY, its agents or employees, and(b)the CITY, its agents or employees, including those actions covered by RCW 4.24.115, the obligations shall be valid and enforceable only to the extent of the parties' negligence; and provided further, that nothing herein shall require either party to hold harmless or defend the other party from any claim ansing from the sole negligence of the other party. B. DISPUTE RESOLUTION: 1. The CITY and the COUNTY shall attempt to resolve disputes prior to filing any lawsuit. 2. The following individuals are the Designated Representatives for the purpose of resolving disputes that arise under this agreement: Water/Irrigation Manager, City of Yakima Construction Manager, Yakima County 3. In the event the Designated Representatives are unable to resolve the dispute, the following individuals shall confer and attempt to resolve the dispute. Director of Public Works, City of Yakima County Engineer, Yakima County The CITY and the COUNTY agree that they shall have no right to seek relief in a court of law until and unless the Dispute Resolution process has been exhausted. C. JURISDICTION AND VENUE: In the event that any party deems it necessary to institute legal action or proceedings to enforce any right or obligation under this AGREEMENT, the parties hereto agree that any such action or proceeding shall be brought in a court of competent jurisdiction situated m Yakima County,Washington. V NONDISCRIMINATION The COUNTY shall comply with Chapter 49.60 RCW and with Title VI of the Civil Rights Act of 1964, 42 USC -2000d et seq. With respect to the work to be performed by the COUNTY during the contract,the COUNTY shall not discriminate on the grounds of race, color, sex, sexual orientation, national origin, mantal status, age, or the presence of any sensory, mental, or physical handicap in the selection and retention of agents, subcontractors or in the procurement of services or materials, leases, or equipment. VI TERMINATION OF AGREEMENT The COUNTY may terminate this AGREEMENT at any time upon not less than sixty (60) days written notice to the CITY with or without cause. The CITY may terminate this AGREEMENT or Task Assignment at any time provided that the CITY agrees to reimburse the COUNTY for all direct and indirect costs incurred for work performed and accepted by the CITY up to the date of termination. Upon termination of this AGREEMENT, the COUNTY will turn over to the CITY all Project records. VII MISCELLANEOUS A. The Parties do not anticipate that any real or personal property will be purchased as part of this AGREEMENT. B. No separate legal entity will be formed as part of this AGREEMENT. C. In the event Engineenng Services and/or design services are contracted by the CITY with a third party,the party contracting with the engineering firm will comply with the requirements for contracting under chapter 39.80 RCW and section 39.34.030 RCW, as applicable. D. This AGREEMENT shall be posted on each Party's website. E. Severability. Should any portion of this AGREEMENT be found invalid by operation of statute or by administrative or judicial decision,the terms and enforceability of the balance of this AGREEMENT shall not be affected thereby, provided that the absence of the unenforceable provision does not render the performance of the remainder of the AGREEMENT impossible. F. Failure of either Party to enforce any provision of this AGREEMENT shall not be deemed a waiver of that provision. Waiver of any right or power arising out of this AGREEMENT shall not be deemed a waiver of any other right or power. G. Both Parties shall comply with all record retention requirements associated with the documents created pursuant to this AGREEMENT. In the event either Party receives a Public Records Act request regarding documents associated with this AGREEMENT, the other Party agrees that it will cooperate in a timely manner to ensure that responsive documents are produced to the requestor. IN WITNESS WHEREOF,the parties hereto have executed this AGREEMENT as of the date executed by both parties. CITY OF Y A BOARD OF COMMISSIONERS Vict is aker, City ager Amanda 'n ey,Commission CITY CONTRACT NO' "w1!I RESOLUTION NO: RJ""{} (ea___, LaDon Linde, Commissioner SEP 2 4 2024 Kyle Curtis, C issioner ATTEST: Rosalinda Ibarra _ �....� A Julie Lawrence City Clerk ��' YAKS^ \i 11 Clerk of the Board .3,I ' *.. .. 1f 11 i ' SEAL LI / A.( I_ _ i , �. 111,`\`.. `�0�: Approved as to Form: Deputy Prosecuting A torney .. 44 :�,,°I,� BOCC Agreement Tr 34 8 - 2024 #4114 •• � " Yakima County, WA Task Assignment Yakima County will provide the following services for the City of Yakima. • Perform daily construction observations/inspections, including coordination with contractor, City personnel and project consultant on work efforts • Produce Inspector's Daily Reports (IDRs) • Maintain as-built records • Take daily progress photos • Upload information in on-line project management system • Maintain daily bid item quantities and aid the City's consultant in developing monthly contract pay estimates • Attend and participate in regular project meetings with the City, consultant and contractor The general location of the work is between the Naches River at S. Naches Rd./W Powerhouse Rd. and the Hwy 12 off-ramp to N 40th Ave. Schedule Work will typically take place October—June, 2024/25 and 2025/26 Task end date shall be June 2026 unless extended by mutual agreement. When submitting billing for services as outlined in approved ILA, please reference City Project No. IC2010. BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 7.G. For Meeting of: September 3, 2024 ITEM TITLE: Resolution authorizing an Interlocal Agreement with Yakima County for Construction Inspection Services for the Nelson Phase 2 Conveyance Improvements Project IC2010 SUBMITTED BY: Scott Schafer, Director of Public Works *Mike Shane, Water/Irrigation Manager SUMMARY EXPLANATION: The City of Yakima is moving forward with the construction of the Nelson Phase 2 Pipeline Conveyance Improvements Project IC2010. The project is to be constructed during the irrigation off-season from October 2024 through June 2026. As with the previous Nelson Phase 1 Dam Removal Project, Yakima County has the ability and has agreed to provide construction inspection services for the Phase 2 project according to the City of Yakima and Yakima County Interlocal Agency Agreement for Construction Inspection Services for the Nelson. Phase 2 Conveyance Improvements Project IC2010. ITEM BUDGETED: Yes STRATEGIC PRIORITY 24-25: A Resilient Yakima RECOMMENDATION: Adopt Resolution. ATTACHMENTS: Resolution ILA Yakima County Nelson Phase 2.docx Nelson Ph. 2 City-County ILA with Task Assignment_Final.pdf 38