HomeMy WebLinkAboutR-1991-D5931 Railroad Crossing / Grant County•
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RESOLUTION NOD[i5931
A RESOLUTION authorizing the execution of the Interlocal
Cooperation Agreement for Project Administration of the "N" N.E.
Road Railroad Crossing Protection Device Installation with the
Grant County.
WHEREAS, Grant County has received a federal aid project grant
through the Washington State Department of Transportation to in-
stall railroad crossing protection devices on "N" N.E. Road in
Grant County; and
WHEREAS, Grant County desires the City of Yakima to perform the
Administration of such federal aid projects and it would be in
the public interest of Grant County and Yakima for Yakima to per-
form the "N" N.E. 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 Grant County.
ADOPTED BY THE CITY COUNCIL this 28th day of Hay
1991.
ATTEST:
City Clerk
Mayor
RAILROAD CROSSING IMPROVEMENTS
INTERLOCAL COOPERATION AGREEMENT
THIS AGREEMENT, entered into this th- day of ek , 1991, bet-
ween the City of Yakima, whose address is 129 North Second Street, Yakima,
Washington (hereinafter "Yakima") and Grant County, whose address is PO Box 37,
Ephrata, Washington 98823 (hereinafter "Grant County").
WHEREAS, in the interest of public safety and motor vehicle traffic safety,
Grant County desires to improve a railroad -highway grade crossing located at 'N'
Northeast 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 the irnprovement projects; and
WHEREAS, the parties hereto agree that Yakima should act as the contract
administrator pursuant to the Washington Interlocal Cooperation Act, RCW Chapter
3934, and RCW 3521.730 - .740 and in furtherance thereof, Yakima will execute a
separate construction contract for the convenience and benefit of Grant 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 Northeast 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 Grant 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.
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E. The submission to Grant County of a Notice to Pay Contractor when
such payments are due.
2. Responsibilities of Grant County. Grant 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 Grant County having
approved the submission, it shall be deemed to have been approved.
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 \bs-
1991, unless both parties hereto agree in writing to extend the term of this
Agreement.
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4. Representations, Warranties, and Indemnities. Grant 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. Grant 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 Grant County. Grant 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. Grant 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 addressed as follows:
To Yakima:
To Grant County:
City of Yakima
City Hall
129 North 2nd Street
Yakima, Washington, 98901
Grant County, Dept. of Public Works
PO Box 37
Ephrata, Washington, 98823
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, covenants, 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 Grant 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.
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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, Grant 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
By:
Richard A. Zais,
City Manager
Attest:
City Clerk
L'' _ 5-4;3 /
CITY CONTRACT NO. -
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GRANT COUNTY, WASHINGTON
By:
Don Goos in, hairman
Board of County Commissioners
Attest:
Clerk of h5i Boar 1(7