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Home My WebLink AboutR-1991-D5930 Railroad Crossing / Benton County• RE....D 5930 A RESOLUTION authorizing the execution of the Interlocal Cooperation Agreement for Project Administration of the Apricot Road Railroad Crossing Protection Device Installation with the Benton County. WHEREAS, Benton County has received a federal aid project grant through the Washington State Department of Transportation to in- stall railroad crossing protection devices on Apricot Road in Benton County; and WHEREAS, Benton County desires the City of Yakima to perform the Administration of such federal aid projects and it would be in the public interest of Benton County and Yakima for Yakima to perform the Apricot Road Project Administration, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA; The City Manager and the City Clerk are hereby authorized and directed to execute the attached and incorporated "Interlocal Cooperation Agreement" with Benton County. ADOPTED BY THE CITY COUNCIL this 28th day of MaY 1991. • G)ett 64,ueb- Mayor ATTEST: City Clerk • RAILROAD CROSSING IMPROVEMENTS INTERLOCAL COOPERATION AGREEMENT THIS AGREEMENT, entered into this 2 0 t day of May 1991, bet- ween the City of Yakima, whose address is 129 North Second Street, Yakima, Washington (hereinafter "Yakima" ) and Benton County, whose address is PO Box 110, Prosser, WA 99350-0110 (hereinafter "Benton County"). WHEREAS, in the interest of public safety and motor vehicle traffic safety, Benton County desires to improve a railroad -highway grade crossing located at Apricot Road; and WHEREAS, state and federal grant funds are available for said railroad - highway grade crossing improvements; and WHEREAS, a number of railroad -highway grade crossing improvement projects will be constructed during the same time period in Eastern Washington, and it has been deemed to be most efficient for one governmental entity to act as the contract administrator for all of the improvement projects; and WHEREAS, the parties hereto agree that Yakima should act as the contract administrator pursuant to the Washington Interlocal Cooperation Act, RCW Chapter 39.34, and RCW 35.21.730 - .740 and in furtherance thereof, Yakima will execute a separate construction contract for the convenience and benefit of Benton County; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree as follows: 1. Contract Administration. Yakima agrees to administer and oversee implementation of the railroad -highway grade crossing improvement construction contract for the improvement project located at Apricot Road. Yakima's contract administration responsibilities will include the following: A. The preparation of plans, specifications, estimates, and bid solicitation documents. B. The selection of a contractor in accordance with all federal, state, and local laws and bidding requirements. C. The execution of the construction contract and administrative oversight of contract implementation. D. The submission to Benton County of a certified statement setting forth all of Yakima's labor, engineering services equipment, supplies and expenses involved in project design and contract administration. DENCOV RC Agmt. 1 E. The submission to Benton County of a Notice to Pay Contractor when such payments are due. 2. Responsibilities of Benton County. Benton County shall have the following duties and responsibilities under this Agreement: A. Approve all specifications, plans, estimates, bid documents, and contract provisions within ten (10) days after submission by Yakima; in the event that said ten (10) day period elapses without Benton County having approved the submission, it shall be deemed to have been approved. B. Pay directly to Yakima all amounts set forth in certified statements of Yakima's labor, engineering services, equipment, supplies, and expenses involved in project design and contract administration allocated to the specific project described herein within thirty (30) days of receipt of a certified statement of these amounts. C. Pay directly to contractor within thirty (30) days of receipt of Notice to Pay Contractor all actual costs of all construction work performed by the contractor in accordance with the terms of this Agreement and the construction contract; the costs of work shall include, but not be limited to, the actual cost of labor, equipment rental, engineering services, materials used in the construction or maintenance work involved, fringe benefits to labor, including social security, retirement, industrial insurance, and medical aid costs, prorated sick leave, holidays and vacation time, and group medical insurance. D. Provide Yakima with prompt written proof of all contractor payments. E. Withhold from contractor payments and send to Yakima a five percent (5%) retainage amount as required by law. F. Check for liens and notify Yakima when retainage amounts can be lawfully released. G. Certify all payrolls to ensure that the amounts are appropriate for the local area and in compliance with all federal, state, and local laws. H. Ensure that the contractor complies with all provisions of the construction contract and that all work is performed in accordance with Washington State Department of Transportation and Federal Highway Administration rules, regulations, and standards. 3. Completion Date. This project shall be completed on or before `b'- 3 ( 1991, unless both parties hereto agree in writing to extend the term of this Agreement. DENCOV RC Agmt. 2 4. Representations. Warranties, and Indemnities. Benton County represents and warrants to Yakima that it has authority to enter into this Inter -local Agreement pursuant to RCW 39.34.030 (2) and to construct the railroad -highway grade crossing improvements contemplated hereunder. Benton County unconditionally agrees to assume and accept all of Yakima's contract obligations arising out of the construction contract to be executed between Yakima and the contractor, notwithstanding the fact that Yakima will actually sign said construction contract for the convenience and benefit of Benton County. Benton County shall not at any time allow Yakima to become responsible for actual payment of any amounts due to the contractor under the construction contract, regardless of whether any dispute may arise with said contractor. Benton County agrees to protect, defend, indemnify, and hold Yakima, its agents, officers and employees, harmless from and against all claims, losses, demands, actions, damages, liens, liabilities, penalties, fines, lawsuits, and other proceedings and costs and expenses (including attorney's fees and disbursements) which accrue to or incurred by Yakima and arise directly or indirectly from or out of, relate to, or in any way are connected with this Agreement or any breach of the representations, warranties, or obligations contained in this Agreement. 5. Notices. All notices and demands shall be in writing and sent to the parties hereto at their addresses as follows: To Yakima: To Benton County: City of Yakima City Hall 129 North 2nd Street Yakima, Washington, 98901 Benton County PO Box 110 Prosser, WA 99350-0110 or to such addresses as the parties may hereafter designate in writing. Notices and demands shall be sent by registered or certified mail, postage prepaid. Such notices shall be deemed effective when mailed or hand -delivered at the addresses specified above. 6. Litigation. In the event that any suit or action is instituted by either party to enforce compliance with or interpret any of the terms, convenants, or conditions of this Agreement, the prevailing party shall be entitled to collect, in addition to necessary court costs, such sums as the court may adjudge as reasonable attorney fees. The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Washington for Yakima County, Washington. 7. Termination. This Agreement may be terminated by Benton County in the event that the Secretary of the Washington State Department of Transportation terminates the funding for the railroad -highway crossing improvement construction contemplated herein. Such termination of this Interlocal Agreement shall occur only upon ten days written notice to Yakima. DENCOV RC Agmt. 3 8. Filing of Agreement. A copy of this Agreement shall be filed with the City Clerk of the City of Yakima and with the City Clerk/County Auditor where the construction project will take place. 9. Evidence of Authority. Upon execution of this Agreement, Benton County shall provide Yakima with a certified copy of the resolution, ordinance, or other authority to execute this Agreement pursuant to RCW 39.34.030 (2), and said document will be attached hereto. IN WITNESS WHEREOF said parties have caused this Agreement to be signed by the duly authorized officials on the day and year first above written. CITY OF YAKIMA, WASHINGTON BENTON COUNTY, WASHINGTON Richard A. Zais, Jr. By: City Manager Title: (Ike: I- Attest: Attest: City Clerk CM COMM 110. Cl1-5be5'5436' DENCOV RC Agmt. 4 APPRO -..AS TO FO Benton County Prosecuting Attorney DATE: