HomeMy WebLinkAbout5.542 Original Contract
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City of Port Angeles
City Clerk's Office
P. O. Box 1150
Port Angeles, W A 98362
Interlocal Agreement
City Clerk File No.: s-:- ~4 2.
Agreement between the City o[Port Angeles and t~4r.. ~ ~
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~/I Department of Transportation
5.5</-:L
Organization and Address
Bridge Inspection City of Port Angeles Public Works
Agreement 321 E 5th / P.O. Box 1150
Work by State Port Angeles, W A 98362
Agreement Number Attachment
GCA - 2166 Memorandum of Understanding (MOU)
This AGREEMENT is made and entered into this 17th day of July , 2000
by and between the State of Washington, Washington State Department of Transportation (WSDOT), acting by and
through the Secretary of the Department of Transportation, under virtue of RCW 47.28.140 (hereinafter "STATE"), and
the above named City (hereinafter "CITY").
In this AGREEMENT an agency designated the CITY is an incorporated area within the boundaries of a COUNTY
with a population of 5,000 or more, and a SMALL CITY is an incorporated area in a COUNTY with a population of
less than 5,000. A LOCAL AGENCY includes the COUNTY and any CITY or SMALL CITY within It.
NOW THEREFORE, IT IS HEREBY AGREED AS FOLLOWS.
I
GENERAL
This AGREEMENT outlines the terms of High Cost
Bridge Inspection of LOCAL AGENCY Bridges
performed by the STATE High Cost Bridge Inspections
are Fracture Critical (F/C), Underwater (U/W), or
inspections requIring an Under Bridge Inspection Truck
(UBIT).
The STATE as agent, acting for and on behalf of the
CITY, or in conjunction with the CITY, shall perform
High Cost Bridge Inspection work at no cost to the
CITY. The High Cost Bridge Inspection work shall be
performed at frequencies recommended In Chapter 3
of the Washington State Bridge Inspection Manual (M
36-64) and shall be performed as described in the
attached Memorandum of Understanding between
WSDOT Highways and Local Programs and the
Environmental and Engineering Service Centers.
When an area Within a county or City Incorporates and
becomes a SMALL CITY, the COUNTY shall assume
routine bridge inspection responsibilities for the newly
created SMALL CITY.
As the above described work IS reqUired on a routine
basis, this AGREEMENT shall remain in effect for twelve
years, at which time the agreement may be renewed in
writing. ThiS AGREEMENT may be terminated in Writing
at any time by either the CITY or the STATE At least
thirty days written notice shall be given for renewal or
termination.
If any terms or provisions of this AGREEMENT are
determined to be invalid, such invalid term or proviSion
shall not affect or Impair the remainder of the
AGREEMENT, but such remainder shall remain in full
force and effect to the same extent as though the Invalid
term or proVISions were not contained In the
AGREEMENT.
..
II
SINGLE AUDIT ACT
The STATE is recipient and the CITY is a subreclpient
of federal funds for the responsibilities outlined in this
AGREEMENT The CITY, as a subrecipient of federal
funds, shall adhere to the federal Office of
Management and Budget (OM B) Circular A-133 as well
as all applicable federal and state statutes and
regulations. A subrecipient who expends $300,000 or
more In federal awards from all sources during a given
fiscal year shall have a single or program-specific audit
performed for that year In accordance with the
provisions of OMB Circular A-133. Upon conclusion of
the A-133 audit, the CITY shall be responsible for
ensuring that a copy of the report IS transmitted
promptly to the STATE.
Federal funding shall be in accordance with the
Transportation Equity Act for the 21st Century (TEA
21), as amended, and Office of Management and
Budget circulars A-102, A-a?, and A-133
III
AVAILABILITY OF RECORDS
All records in support of all costs Incurred and actual
expenditures kept by the CITY are to be maintained In
accordance with local government accounting
procedures prescribed by the Washington State
Auditor's Office, the U S. Department of
Transportation, and WSDOT. The records shall be
open to inspection by the STATE and federal
government at all reasonable times and shall be
retained and made available for such inspection for a
period of not less than three years from the final
payment of any federal aid funds to the CITY. Copies
of said records shall be furnished to the STATE and/or
federal government upon request.
IV
PAYMENT AND REIMBURSEMENT
If a scheduled inspection IS missed or delayed by the
STATE, the inspection will be rescheduled at no cost to
the CITY If a scheduled inspection IS missed or severely
delayed by the CITY, any additional costs will be the
responSibility of the CITY, which shall make appropriate
reimbursement to the STATE. The CITY shall be
responSible for the costs of all flagging and traffic control
necessary for High Cost Bridge Inspections.
V
BILLING
Billing by the STATE or the CITY shall not occur more
than once a month.
The CITY may submit vouchers to the STATE in the
format prescribed by the STATE for those costs incurred
that are directly attributable to work done under this
AGREEMENT. Expenditures by the CITY for general
administration, supervision, and other overhead shall not
be eligible for federal partiCipation.
The CITY agrees that If payment or arrangement for
payment of any of the STATE's billing for additional costs
due to delayed or missed inspections caused by the CITY
is not made to the STATE Within 45 days after the CITY
has been billed, no additional federal project funding Will
be approved until full payment is received unless
otherwise directed by the Assistant Secretary for
Highways and Local Programs.
VI
INDEMNIFICATION AND HOLD HARMLESS
The CITY shall indemnify and hold the STATE and its
officers, agents and employees harmless from, and shall
process and defend at its own expense, all claims,
demands, suits at law or equity, penalties, losses, or costs
(hereinafter "claims") arising in whole or In part from the
CITY's negligence or breach of its obligations under this
AGREEMENT to the fullest extent permitted by law and
subject to the limitations provided below. The CITY's duty
shall include reasonable attorneys' fees, court costs and
all other claim-related costs, including any costs
associated With enforcing this provision.
The CITY's duty to Indemnify the STATE shall not apply to
claims based solely upon the conduct of the STATE and
Its officers, agents and employees. If the claims are
caused by or result from the concurrent negligence of (a)
the CITY's officers, agents and employees, and (b) the
STATE's officers, agents and employees, the CITY's duty
to indemnify shall apply only to the extent of the
negligence of the CITY or its officers, agents and
employees.
The CITY's relation to the STATE shall be at all times as
an Independent contractor. For purposes of thiS
indemnification duty, the CITY specifically waIves any
immunity that may be granted it under the state industrial
insurance law, Title 51 RCW. This waiver was mutually
negotiated by the parties to thiS AGREEMENT.
VII
RIGHT OF ENTRY
The CITY hereby grants and conveys to the STATE the
right of entry upon all land In which the CITY has interest,
within or adjacent to the right of way of the highway or
street for the purpose of accomplishing the work described
in this AGREEMENT. Such right of entry shall commence
upon execution of this AGREEMENT and shall continue
until termination of this AGREEMENT under any
applicable provision
IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT as of the day and year first above written
LOCAL AGENCY
By
TItle: MAYOR ~
Date -3LJ LV 5 ~DDO
,
STATE OF WASHINGTON
DEPARTMENT OF TRANSPORTATION
o
By:
etary, Highways & Local Programs
Date.
7/11/00
"
Agreement Number GCA - 2166
Approved as to Form:
March 30
,2000
By: /S/
Heidi A. Irvin
Assistant Attorney General
Any modification, change, or reformation of this Agreement requires the further approval
of the Office of the Attorney General.
February 16, 2000
.
2000 and Beyond Local Agency Bridge Inspections
Memorandum of Understanding between
Environmental & Engineering and Highways & Local Programs
Service Centers
This Memorandum of Understanding (MOU) between Environmental & Engineering
(EESC) and Highways & Local Programs (H&LP) Service Centers defines
responsibilities for high cost bridge inspections of Local Agency (LA) bridges. It also
defines inspection responsibilities of bridges owned by agencies with populations less
than 5,000 (small cities or small counties).
The intention of this MOU is to provide guidance and direction concerning the inspection
and funding responsibilities associated with inspection of Washington State Local
Agency bridges. The following sections of this MOU have been agreed to between the
Bridge Preservation Engineer and the Bridge Engineer for Local Agencies:
Section A defines responsibilities concerning Under Bridge Inspection Truck (UBIT)
and Fracture Critical (F/C) inspections.
Section B deals with the transfer of the inspection responsibility of bridges in small
cities and small counties.
Section C defines responsibilities for Underwater (U/W) type of inspections.
Section D defines MOU and individual local agency agreement maintenance
responsibilities.
Section E deals with the funding and billing responsibilities.
Section F is a reference if emergency repairs or closures are required during inspections.
Section G defines limitations on inspection windows and work stoppages due to safety
concerns.
Section H defines National Bridge Inspection Standards (NBIS) routine bridge and short
spanlc~lvert inspection responsibilities.
Section I defines contingency planning to assure completion of LA inspections.
In the State of Washington, local agency bridge owners have the responsibility of
complying with the NBIS. The function of this MOU and the individual agency
agreements is to assist local agency bridge owners with funds, equipment, and expertise
to comply with this responsibility. Local Agency bridge owners will know when Bridge
Preservation (BP) is performing inspections and they will receive completed original
signature inspection paperwork within 40 working days after the inspection.
Page 1 of 8
February 16, 2000
Because H&LP is responsible for funding high cost inspections and BP is responsible for
scheduling and performing these inspections, correcting problems associated with timely
completion of inspections will be a mutual responsibility of H&LP and BP. Contingency
planning will be necessary to assure LA bridge owners that inspections will be completed
in a timely manner. This may include agreements with other state or local agency
inspectors, UBIT suppliers, or capable consultants to complete some of the inspections.
This Memorandum of Understanding between the Service Centers is going to be dynamic
and will require changes as operations or requirements change. The Bridge Preservation
Engineer and the Bridge Engineer for Local Agencies are charged with mutually agreeing
to changes necessary to keep this MOU current and operational. By our signatures on
this MOU, responsibility for future amendments to this document is mutually charged to
the Bridge Preservation Engineer and the Bridge Engineer for Local Agencies.
.
3/3/00
I '
Date
Assistant ecretary for Environmental & Engineering
Service Center
o
e/z~/ca
Assi tant ecretary for Highways & Local Programs
Service Center
Date
Page 2 of 8
February 16, 2000
Memorandum of Understanding Sections
A. UBIT and FIC Inspections
This section defines responsibilities for Under Bridge Inspection Truck (UBIT) and
Fractu,:e Critical (FIC) inspections, scheduling the inspections, performing the
inspection, reporting the inventory and inspection results, recommending repairs, and
flagging and traffic control. Also, this section defines 2-man UBIT and 3-man UBIT
responsibilities.
1. General
a. BP will be responsible for coordinating with the Local Agency when the
UBIT will be used for the inspections through the use of master inspection
lists. The UBIT and F/C master list will be sent to the agencies by the first
half of January of the inspection year. The week of the scheduled inspection
must be sent to the LA no later than 30 working days prior to the scheduled
inspection. Final date, time, and location for flagging will be determined 10
working days before inspection.
b. BP will be responsible for all L & I paperwork for Fall Protection, confined
space entry, and lead exposure.
c. The LA is responsible for flagging and traffic control, which must follow
MUTCD guidelines. This includes all costs of flagging and traffic control,
including attenuators as required.
d. If the scheduled inspection is missed or delayed by BP, the inspection will be
rescheduled at no extra cost to H&LP or the Agency on a case by case basis.
e. If the scheduled inspection is missed or severely delayed by the LA, the
inspection will be rescheduled. Reimbursement of additional costs due to
missed or delayed inspections will be determined by H&LP on a case by case
basis.
f. UBIT Inspection frequencies will be based upon the recommended
frequencies in Chapter 3 of the Washington State Bridge Inspection Manual.
If a different frequency of inspection is required by either BP, the LA, or
others, the frequency change will be in collaboration with H&LP.
g. BP is responsible for determining what is the best method to access the bridge
for inspection. UBIT costs or scaffolding costs used for inspection will be
billed to the work order at the actual cost recovery rate.
h. The bridges that will receive a UBIT and F/C inspection will include a routine
inspection. Therefore the LA will not perform a routine inspection on the
year the high cost inspection is performed.
Page 3 of 8
February 16, 2000
1. BP will send completed original inspection paperwork to H&LP within 30
working days after completion of the inspection. H&LP will send the
inspection information to the LA within 40 days of the inspection. LA bridge
owner must contact H&LP if they have not received the inspection
information within the 40 working day period for resolution.
J. Other costs such as hazardous condition mitigation or railroad safety flagging
will be the responsibility of the LA.
2. UBIT and FIC Inspections by WSDOT Inspectors (3-man UBITS)
a. BP will be responsible for bridge inspection and supporting reports, inventory
updates, and repair recommendations. BP is also responsible for
correspondence to the LA setting up the inspection schedule for LA flagging
and transmittal of the inspection findings with repair recommendation to
H&LP for distribution to the LA bridge owners (Scour mitigation repair
recommendations will not be part of the inspection documentation).
b. BP is only responsible for inventory data in the WB76 through WB78 cards
(except the Proposed Improvements Section) of the WSBIS Inventory Form.
The LA bridge owner is responsible for all other inventory code information.
3. UBIT and FIC inspections with LA Inspector (2-man UBITS)
a. The LA will be responsible for all inspection documentation; inventory
coding, routine and fracture critical reports, recommended repairs and
documentation required to complete the inspection.
b. BP is responsible for scheduling the inspection, the UBIT, the bucket
operator, and the UBIT driver. All these costs will be billed to the work order.
B. Cities and Counties with Population less than 5,000
This Section defines the transfer of inspection responsibility of the small city bridges
from WSDOT BP to the county the small city resides in. All counties have agreed to
perform these inspections and to maintain the inspection records until such time the
small city reaches a population of 5,000 people. One small city, Ocean Shores, in
Grays Harbor County, has agreed to perform their own inspections and to maintain
their NBIS records. WSDOT BP will perform the inspection of bridges in the small
counties in Washington, however, these counties will maintain the official NBIS
records for all LA bridges within their county. If other sections of this MOU cover
similar items included in this section, directions in this section prevail.
1. BP will turn over all original files for small cities to H&LP for distribution to the
Counties. The files for Ocean Shores may be turned over after completion of the
2000 UBIT inspections.
2. BP will keep a working file for UBIT-UIW-F/C inspections, however, these files
will not be the official NBIS files for the bridge.
Page 4 of 8
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February 16, 2000
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3. All official bridge files for the small cities will be cared for by the counties the
small cities reside in. Also, BP will complete all types of NBIS inspections for
Garfield and Wahkiakum counties and their small cities. However, the counties
will maintain the official bridge files.
4. BP will perform high cost inspections of small city bridges, when necessary in
Whitman and Lincoln counties. Because these counties will be reimbursed for
their time inspecting the small city bridges spanning 20 feet or greater, any UBIT-
UIW -F/C inspections costs for their bridges will be subtracted from the total bill
for inspection of the small city bridges spanning 20 feet or greater.
5. BP will perform high cost inspections of Ocean Shores bridges. The City of
Ocean Shores will perform their routine inspections on the years the UBIT is not
scheduled. They will also maintain the official files for their bridges.
6. BP will perform necessary work to perform high cost inspections for small cities
until they reach a population of 5000. At that time the city will be responsible for
flagging costs. Also, the county will turn over the files to the small city so the
city can begin taking responsibility for the routine inspections. The County will
notify the Bridge Engineer for Local Agencies of this action who will notify the
Bridge Preservation Engineer.
7. BP will perform UBIT-UIW-F/C inspections on the small city bridges and the
counties of Wahkiakum and Garfield. BP will be responsible for all flagging and
will work with the respective Regional Maintenance crews when flagging is
required. All flagging costs will be reimbursed by H&LP on inspections for
agencies with populations less than 5,000.
8. BP will be responsible for routine inspection ofWahkiakum and Garfield counties
until they reach a population of 5,000. H&LP will reimburse BP for the costs of
those inspections.
9. BP will send all inspection findings, including original signed inspection reports,
recommended repairs, and inventory forms to the Bridge Engineer for Local
Agencies for distribution to the appropriate county. Inventory forms will be
printed after updating so it reflects the updated Sufficiency Rating. BP will code
WB-76, WB-77 and the first section of WB-78 on the WSBIS inventory form.
The counties will work with the small cities to update all other WSBIS inventory
items. The county will be responsible for communication with the appropriate
small city, such as repair recommendations and load postings. The small cities
are responsible for all repair costs and completion of the repairs.
10. BP will be responsible for all inspection and inventory updates for the high cost
inspections covered in this section.
11. For UBIT or FIC inspections where the county is the lead inspector (2-man
UBIT), the county will be responsible for all inspection findings, including
inspection reports, recommended repairs, and inventory forms as well as
inspection and inventory updates. BP will be responsible for all flagging as
described in item number 7 and will be reimbursed by H&LP on all the
inspections for agencies with populations less than 5,000.
Page 5 of 8
February 16, 2000
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12. Scheduling UfW inspections using consultant divers will be BP's responsibility.
However cost negotiations for these inspections will include H&LP approval.
Review and distribution of the UfW reports will be an H&LP responsibility with a
collaborative effort of the BP Scour engineer on recommendations.
c. Underwater Inspections
1. UfW inspections will not include a routine inspection.
2. BP is responsible for scheduling inspections and will negotiate with H&LP and
the UfW consultant for the best possible cost.
3. H&LP will be responsible for review, inventory data updating, and transmittal of
the report to the LA.
4. LA will be responsible for the official file.
5. Wading inspections are considered as part of the routine inspections and will be
performed during routine inspections (Performed only in 4 foot depth of water or
less).
D. MOU and Individual Agency Agreement Maintenance
This section defines responsibilities for maintenance of the MOU and agreements
between H &LP and the respective local agency bridge owners concerning higher
cost inspections and funding issues.
1. All high cost inspection agreements with LAs will be the responsibility of H&LP.
2. H&LP will maintain the official file of the LA Agreements including
amendments.
3. H&LP will maintain the official file of the Memorandum of Understanding
between BP and H&LP.
4. Copies of originals and changes to the MOU and LA Agreements will be sent to
BP and LAs.
E. Funding
This section deals with the funding issues and responsibilities. Also, it aids in
defining BP overtime usage, reimbursement for small city inspections that will be
performed by Whitman and Lincoln counties, and billing for agencies with their own
UBIT's.
1. H&LP will provide the funds for the high cost inspections performed and charges
to the work order.
Page 6 of 8
February 16, 2000
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2. A continuous soft match will be used so no costs are incurred for the high cost
inspections by the LA. Except for missed schedules determined to be the fault of
the LA.
3. Reimbursement determination due of scheduling problems will be handled by
H&LP. Written descriptions of the scheduling problem may be required from BP
and LA to help determine proper reimbursement.
4. Cost rates and changes to the cost rates for inspections is the responsibility of BP
and all changes will be sent to H&LP after approval by FHW A. These rates will
be sent to H&LP 30'days prior to charging new or changed cost rates.
5. All BP costs for high cost inspections will be charged to the appropriate work
order. BP will inform H&LP when the work order funds appear to be out of line
with the remaining work.
6. The funds for the work order will be the responsibility of H&LP.
7. Because the high cost inspections work for LA inspections will be scheduled
along with WSDOT inspections in the same area, all OfT inspection costs will be
shared at a prorated rate. All overtime usage for this work will be mutually
agreed upon semi-annually by BP and H&LP prior to expenditure of OfT. BP
will provide a projection of OfT needs for H&LP approval. Because the
inspection trips will also include routine inspections of WSDOT bridges, high
cost inspections will be given a higher priority over routine inspections.
8. Seattle and Spokane have their own UBIT's and will be reimbursed by individual
agreements with H&LP. King County will provide a list of bridges to be
inspected with Seattle's UBIT and which bridges will require the WSDOT UBIT.
Seattle will bill H&LP for King County's inspection costs.
9. Because this work is paid for using Federal Bridge funds, inspection of bridges
outside the NBIS definition of a bridge cannot be funded by this program.
F. Emergency
. Emergency repairs or closures will be handled on a case by case basis. Refer to
Chapter 7 of the Washington State Bridge Inspection Manual.
G. Other limitation
1. Inspection windows need to be defined by the LA on each bridge and notification
given to BP by Feb 15th of the year of inspection is scheduled.
2. Authorization to stop an inspection due to safety issues, such as traffic backups or
accident danger, rests with the UBIT operator (driver) and/or the inspector
operating the bucket.
Page 7 of 8
February 16, 2000
",
H. Routine NBIS (National Bridge Inspection Standards) bridge inspection and short
span/culvert inspection responsibilities.
1. Counties are responsible for the condition and inspection of all county and small
city owned short span bridges or culverts. Recommended frequencies of
inspection can be found in the Washington State Bridge Inspection Manual.
2. Federal Bridge funds can not be used to fund inspections of short span bridges or
culverts.
3. Underwater Inspections performed by BP will not include a routine inspection of
the bridge. The local agency is responsible for completing the routine inspection.
4. If a wading inspection cannot be performed during an inspection performed by
BP, the inspectors will make a recommendation in the inspection report if a
wading inspection is required prior to the next inspection cycle.
1. Contingency Planning to Assure Completion of Inspections
1. To assure the LA bridge owners that inspections will be completed in a timely
manner, BP must communicate, as early as possible, with H&LP when the
inspection schedules are not being completed and negotiate with H&LP on ways
to solve the problems. If it is determined that others are needed to complete
inspections, BP will continue to perform scheduled work until relieved up to a
maximum of 60 working days. During this period of time BP and H&LP will be
initiating procedures to relieve BP of the scheduled work by involving others.
When BP can resume the high cost inspections, a written notification to H&LP
will be sent 30 working days prior to the return to normal business. During this
time, inspections by others will be terminated, inspection reporting will be
finalized, and BP will again be responsible for completing the scheduled
inspections.
2. It will be necessary to have consultants on board with capabilities to perform
inspections or suppliers to replace failed UBIT equipment to assure completion of
LA high cost inspections. It will be a mutual responsibility of BP and H&LP to
develop specifications for equipment rental and consultant inspection agreements.
Page 8 of 8