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HomeMy WebLinkAboutR-2013-026 Interlocal Engineering Services with Yakima CountyRESOLUTION NO. R- 2013 -026 A RESOLUTION authorizing the City Manager to execute an Interlocal Agency Agreement with Yakima County, which allows the County to perform Engineering Services for the City. WHEREAS, the City's Engineering Division, at times, does not have adequate staff to complete all of its assigned tasks and projects, and, WHEREAS, Yakima County has an established organization that is capable of providing Engineering, Land Surveying and Construction Inspection services; and, WHEREAS, Yakima County has acknowledged that they are willing to aid the City at times when the County's workload allows them to augment City Staff; and, WHEREAS, the City Council deems it to be in the best interests of the City to enter into an ILA with Yakima County, which allows the County to perform Engineering Services for the city, now, therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized to execute an Interlocal Agency Agreement with Yakima County, which allows the County to perform Engineering Services for the City. ADOPTED BY THE CITY COUNCIL this 19th day of February, 2013. G---2" Q4� Micah Cawlpg, Mayor CITY OF YAKIMA AND YAKIMA COUNTY INTERLOCAL AGENCY AGREEMENT FOR ENIIGINEERING DESIGN, LAND SURVEYING AND CONSTRUCTION INSPECTION SERVICES i THIS AGREEMENT is entered into between Yakima County, Washington and its contractors (hereinafter referred to as the "County ") through its Public Services Department, whose address is 128 North 2nd Street, 4"' 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 may require On -Call Engineering Design, Land Surveying and/or Construction Inspection services from time to time to augment City Staff; and, WHEREAS, the COUNTY has an established organization that is capable of providing Engineering, Land Surveying and Construction Inspection services and is empowered to provide such services to other governmental agencies pursuant to Chapter 39.34 RCW; and, WHEREAS, the CITY, assures the COUNTY that the CITY'S request for services under this AGREEMENT is not intended to exclude the use of Private Consultants by the CITY; and, WHEREAS, the CITY may desire 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, in consideration of the stated premise and in the interest of providing assistance to the City in the above mentioned areas, the parties hereto agree as follows: I GENERAL. A. The COUNTY shall provide the CITY with Engineering, Land Surveying and Construction Inspection services. Any such services shall conform to the Standards and Guidelines commonly established for these services. All work to be performed shall be identified in a Task Assignment signed by both parties. B. The normal workload of the County will be evaluated prior to accepting any Task Assignment. Once a Task Assignment is accepted by the County, any work performed under the Task Assignment shall be pursued with care and diligence, making every effort to meet the schedule established by the CITY in the Task Assignment. The COUNTY shall promptly notify the CITY of any hardship or other inability to meet the schedule identified in the Task Assignment. C. This AGREEMENT may be increased or decreased in scope or character of work to be performed if such change becomes necessary, but any such change shall be accomplished by wr tten supplement executed by all parties tb said AGREEMENT. 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. The CITY shall, upon satisfactory completion of work performed pursuant to a Task Assignment, issue a letter of acceptance that shall include a release and waiver of all future claims or demands of any nature resulting from the performance of the work under the Task Assignment. If the COUNTY does not receive a letter of acceptance within 90 days following the work completion date, the work will be considered accepted by the CITY. The CITY may withhold acceptance of work by submitting written notification to the COUNTY within a 90 -day period. This notification shall include the reasons for withholding acceptance. II WORK ASSIGNMENT/REQUEST A. Specific assignments shall be made in the form of a written Task Assignment to the COUNTY by the CITY and signed by both parties. Each Task Assignment shall contain an agreed upon budget and schedule for all services to be rendered. CITY approval is required for budget and schedule changes. The CITY shall make such assignments before any work is commenced by the County. B. The CITY shall make available to the COUNTY all information that has been compiled by or is available to the CITY concerning the project to be completed. C. The COUNTY shall furnish all labor, materials, supplies, and incidentals necessary to complete the work assigned by the CITY and shall furnish to the CITY all information prepared by the COUNTY in performance of each task. III PAYMENT The COUNTY shall be paid by the CITY for completed work and for services rendered under this AGREEMENT and associated Task Assignments, upon acceptance by the CITY, as provided hereinafter. Such payment shall be full compensation for work performed or services rendered and accepted by the CITY and for all labor, materials, supplies, and incidentals necessary to complete the work. The COUNTY acknowledges and agrees that only those costs actually allocable to a project shall be charged to such project. A. The COUNTY shall be reimbursed in full by the CITY for its direct and related indirect costs accumulated in accordance with its current accounting procedures. B. Partial payments will be made by the CITY within 30 days of receipt of the billings from the COUNTY. Billings will not be more frequent than one per month. It is agreed that payment of any particular claim will not constitute agreement as to the appropnateness of any item and that at the time of final billing all required adjustments will be made. C. Upon termination of this AGREEMENT as provided in Section VI, the COUNTY shall be paid by the CITY for services rendered to the effective date of termination less all payments previously made. No payment shall be made by the CITY for any expense incurred or work done following the effective date �f termination unless authorized, in writing, by the CITY. D. Final payments of any balance due the COUNTY of the ultimate gross reimbursable amount, prior to the effective date of termination, will be made upon ascertainment of suchibalance by the COUNTY and certification thereof to the CITY. IV LEGAL RELATIONS A. INDEMNIFICATION: Each of the parties to this AGREEMENT shall protect, defend, indemnify and save harmless the other party from and against all liabilities, penalties, costs, losses, damage, expenses, causes of action, claims, demands, or judgments, including without limitation, reasonable attorney's fees, arising out of or related to the terms, covenants or conditions of this AGREEMENT and such parties' performance or failure to perform any aspect of this AGREEMENT; provided, however, that if the claims or suits are caused by or result from the concurrent negligence of (a) the CITY, its agents or employees, and (b) the COUNTY, 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 arising from the sole negligence of the other party. B. DISPUTE RESOLUTION: 1. The CITY and the COUNTY shall confer to resolve disputes that arise under this AGREEMENT as requested by either party. The following individuals are the Designated Representatives for the purpose of resolving disputes that arise under this agreement: City Engineer, City of Yakima County Engineer, Yakima County In the event the Designated Representatives are unable to resolve the dispute, the following individuals shall confer and resolve the dispute. City Manager, City of Yakima Public Services Director, 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. 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 in 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, marital status, age, or the presence of any sensory, mental, or phy ical handicap in the selection and retention of agents, subcontractors or m the procurement of services o materials, leases, or equipment. VI COMMENCEMENT AND TERMINATION OF AGREEMENT The work is of a continuing nature and will be in force as of the date of this 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. This AGREEMENT shall terminate five (5) years from the date of execution hereof unless otherwise terminated or unless extended in writing signed by both parties. Upon termination of this AGREEMENT, the COUNTY will turn over to the CITY all Project records. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT as of the date executed by both parties. BOARD OF COUNTY COMMISSIONERS IN ichael . Leita, airman , Commissioner Elliott, Commissioner i NC) �,�,2� kb ATTEST: Sonya Claar e�kf ATTE T: mera Girard City Clerk I ' Z *� Qlerk of the Board r l- 5 {/ Mandy Burkett Deputy Clerk the ����`�;� AKI Mgrr��i %, Board nF • • CO of �` . &'% '1 ' • Appro as to Form: CITY CONTRAC r N P ' y0 •, \ RESOLUTION NO: � � r o D P uty ecu g Attorne Y 'Y& BOCCI-34-2013 March 12, 2013 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. I q For Meeting of- February 19, 2013 ITEM TITLE: Resolution authorizing an Interlocal Agency Agreement with Yakima County, which allows the County to perform Engineering Services for the City SUBMITTED BY: Debbie Cook, Director of Utilities and Engineering CONTACT Doug Mayo, City Engineer, 576 -6678 PERSON /TELEPHONE: Brett Sheffield, Chief Engineer, 576 -6797 SUMMARY EXPLANATION: Attached is a copy of a proposed Interlocal Agency Agreement (ILA) between the City of Yakima and Yakima County. This ILA allows Yakima County to provide on -call engineering services to the City from time to time to augment City Staff when the City Engineering Division does not have the staff available to meet the desired timeline. Yakima County has a qualified engineering staff that also has Certification Acceptance (CA) authority. The County has acknowledged that they are willing to perform this work for the City at times when they have staff available. Resolution X Contract: Contract Term Insurance Required? No Funding Source: APPROVED FOR SUBMITTAL: Ordinance Mail to: Amount: Other (specify) Expiration Date: February 19, 2018 Phone: City Manager STAFF RECOMMENDATION: Staff respectfully requests that the Council adopt this resolution authorizing the City Manager to execute this Interlocal Agency Agreement with the County • BOARD /COMMISSION RECOMMENDATION: ATTACHMENTS: Click to download ❑ Resolution ❑ Interlocal Agency Agreement • •