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Home My WebLink About5.844 Original Contract l' s. <l<l</ .... .. Washington State Department of Transportation Douglas B. MacDonald Secretary of Transportallon Olympic Region Headquarters 5720 Capitol Boulevard, Tumwater PO. Box 47440 Olympia, WA 98504-7440 360-357 -2600 Fax 360-357-2601 TTY. 1-800-833-6388 www wsdot wa gov July 2, 2007 City of Port Angeles P.O. Box 1150 321 East 5th Street Port Angeles, W A 98362-0217 US 101 and Peabody Street Participating Agreement GCA-5166 Attn.: Jim Mahlum, E.I.T. Civil Engineer Dear Sir: Attached for use is an original of the above mentioned agreement for your records. Enclosed is a check for the State's contribution lump sum amount of $50,000 towards the City's project to reconstruct the State's signal system at US 101 and Peabody Street. Sincerely, DECIEIVE In JUl 3 2007 U If you have any questions please call me at (360) 357-2621. -~ :2? ~ Neil Knecht Olympic Region Local Programs Agreement Engineer NK:nk Attachment: GCA-5166 cc: Art Veach-copy, copy, original is with HQ Acct. Nancy Thompson-copy Jeff Moore-copy Don Anders-copy file , " GCA-5166 STATE PARTICIPATING AGREEMENT WORK BY LOCAL AGENCY - STATE LUMP SUM CONTRIBUTION Local Agency and Address: City of Port Angeles PO Box 1150 321 E. 5th Street Port Angeles, W A 98362-0217 State Route Number: US 101 Control Section: 0501 Region: Olympic THIS AGREEMENT is made and entered into this ~ day of ~"-st 0 , 2007 between the STATE OF WASHINGTON, Department 0 Transportation, hereinafter the "STATE," and the above named organization, hereinafter the "LOCAL AGENCY." WHEREAS, the LOCAL AGENCY is planning an improvement project to reconstruct the STATE's signal system at the intersection of US 101 and Peabody Street, hereinafter the "PROJECT," to facilitate increased traffic flow through the City of Port Angeles, and WHEREAS, the STATE is not obligated for any of the costs associated with the PROJECT, but wishes to make a one-time lump sum contribution towards the PROJECT as it benefits the STATE's highway system, NOW, THEREFORE, pursuant to RCW 47.08.070 and in consideration of the terms, conditions, and performances contained herein, IT IS MUTUALLY AGREED AS FOLLOWS: 1. PROJECT DESCRIPTION 1.1 As a condition of acceptance of the STATE's contribution, the LOCAL AGENCY agrees to perform the following work: 1.1.1 The LOCAL AGENCY shall prepare the contract plans and specifications for the PROJECT in accordance with the current STATE Standard Specifications for Road, Bridge, and'Municipal Construction and Standard Plans for. Road, Bridge, and Municipal Construction, current editions. 1.1.2 The LOCAL AGENCY shall submit the contract plans and specifications to the STATE for approval before advertising the PROJECT for bids. 1.1.3 The upgraded signal system will include new signal poles, mast arms, and r~att~cb.ed existiRg pedestrian heads. ""'- I GCA-5166 Page 1 of 4 1.1.4 The LOCAL AGENCY shall construct the PROJECT in accordance with STATE approved plans and specifications and the current Washington State Department of Transportation Construction Manual. 2. ACCEPTANCE OF WORK, OPERATION AND MAINTENANCE 2.1 The LOCAL AGENCY shall notify the STATE when the PROJECT is physically complete and ready for final inspection and acceptance. 2.2 The STATE shall accept the LOCAL AGENCY's constructed PROJECT work after the STATE performs a successful final electrical inspection and signal turn-on per standard STATE procedures. Contact Information: Washington State Department of Transportation Olympic Region Signal Shop 5720 Capitol Blvd. SE Tumwater, WA 98501-6703 (360) 357-2616 2.3 If the PROJECT work fails the electrical inspection and turn-on, per standard STATE procedures, the LOCAL AGENCY will correct the PROJECT work at LOCAL AGENCY expense. The STATE shall not accept the PROJECT work until the PROJECT work passes electrical inspection and turn-on, per standard STATE procedures. 2.4 The Parties agree that the operation and maintenance of the PROJECT will be governed by RCW 47.24.020. 3. PAYMENT OF CONTRIBUTION 3.1 Within 30 days ofthe execution ofthis AGREEMENT, the STATE will pay the LOCAL AGENCY a lump sum contribution of Fifty Thousand Dollars ($50,000.00). 3.2 Should the LOCAL AGENCY fail to complete the PROJECT work as described in Section 1, by June 30,2009, the STATE may request, through written notice to the LOCAL AGENCY, return of the STATE's contribution to the PROJECT. Should the STATE make such a request, the LOCAL AGENCY agrees to reimburse said contribution within 60 calendar days from the receipt of said request. 2 GCA-5166 Page 2 of4 . . ., 4. TERMINATION 4.1 Neither the STATE nor the LOCAL AGENCY may terminate this AGREEMENT without the written concurrence of the other Party, except as noted in Section 4.2. Notice of Termination shall be in writing and signed and dated by both Parties prior to the effective date ofthe termination. 4.2 The STATE may terminate this AGREEMENT, in whole or in part, immediately upon notice to the LOCAL AGENCY, or at such later date as the STATE may establish in such notice, if federal or state laws, regulations or guidelines are modified or interpreted in such a way that restricts or prohibits the STATE from participating in the funding for the work under this AGREEMENT. 5. INDEPENDENT CONTRACTOR 5.1 The LOCAL AGENCY shall be deemed an independent contractor for all purposes, and the employees of the LOCAL AGENCY or any of its contractors, subcontractors, consultants, and the employees thereof, shall not in any manner be deemed to be employees of the STATE. 6. INDEMNITY 6.1 The LOCAL AGENCY shall protect, defend, indemnify, and hold harmless the STATE, its officers, officials, employees, and agents, while acting within the scope of their employment as such, from any and all costs, claims, judgments, and/or awards of damages (both to persons and property), arising out of, or in any way resulting from the LOCAL AGENCY's PROJECT work pursuant to the provisions of this AGREEMENT. The LOCAL AGENCY will not be required to indemnify, defend or save harmless the STATE if the claim, suit, or action for injuries, death, or damages (both to persons and property) is caused by the sole negligence of the STATE. Where such claims, suits, or actions result from concurrent negligence of the Parties, the indemnity provisions provided herein shall be valid and enforceable only to the extent ofthe Party's own negligence. 6.2 This indemnification shall survive the termination ofthis AGREEMENT. 7. DISPUTES 7.1 In the event that a dispute arises under this AGREEMENT, it shall be resolved as follows: The STATE and the LOCAL AGENCY shall each appoint a member to a disputes board, these two members shall select a third member not affiliated with either Party. The three-member board shall conduct a dispute resolution hearing that shall be informal and unrecorded. An attempt at such dispute resolution in compliance with 3 GCA-5166 Page 3 of4 . . ' aforesaid process shall be a prerequisite to the filing of any litigation concerning the dispute. The Parties shall equally share in the cost of the third disputes board member. 8. VENUE 8.1 In the event that a 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 Thurston County Superior Court. 9. AUDITS/RECORDS 9.1 All project records in support of all costs incurred shall be maintained by the LOCAL AGENCY for a period ofthree (3) years from completion ofthe PROJECT. The state and/or federal government shall have full access to and right to examine said records, during normal business hours and as often as it deems necessary. The Parties agree that the work performed herein is subject to audit. 10. TERM OF AGREEMENT 10.1 Unless otherwise provided herein, the term of this AGREEMENT shall commence as of the date this AGREEMENT is entered into and shall terminate as ofthe STATE's acceptance of the PROJECT work or upon return ofthe STATE's contribution per Section 3.2. IN WITNESS WHEREOF, the Parties hereto have executed this AGREEMENT as of the day and year first above written. LOCAL AGENCY ;::f, tf..~~ . By: ~-j ~7' STATE OF WASH DEP ARTMENT 0 Date: lJ) - 5 - 0'7 Date: ..::r;;,~ 12., za; '- " I s-- Lf-() 7 Date: 4 GCA-5166 Page 4 of 4