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HomeMy WebLinkAbout5.349 Original Contract FII rD f ,",', ~ '"~ '"'' - ",' . '~ti"A2 PC: lie; 1 , : '~-;:;'~'L~~~-:"':~~~-~~'~;~--~~L;::~"Ml::-;-"'" 2035 SCP -9 f;;'j 9: 28 Filed at the Request of: City of Port Angeles City Clerk's Office P. O. Box 1150 Port Angeles, W A 98362 @ 2005 1164639 Clallam County Interlocal Agreement City Clerk File No.: 6': 3t.jC) Agreement between the City ofport Angeles and b~ <t ~~'",,-- Purpose: S1S'^cJ rn~U. a.W~~ Dated ~Pll frl<( I kit In ,.' . ~ w Washington State Department of Transportation Sid Morrison Secretary of Transportation Mr. James M. Mahlum Engineering Specialist City of Port Angeles P.O. Box 1150 Port Angeles, Washington 98362-1150 Dear Mr. Mahlum, 5.3<jQ Olympic Region Headquarters 5720 Capitol Boulevard, Tumwater POBox 47440 Olympia, WA 98504-7440 (360) 357-2600 Fax (360) 357-2601 January 31, 1997 Signal Maintenance Assignment Number 2 Agreement GM -1281 Attached for your files is duplicate original of the subject signal maintenance assignment. If you have any questions please call me at 357-2666 attachment cc: Evelyn Greenwalt w/attachment Don Anders w/attachment Mel Courtney w/attachment Sincerely , Robert E. Holcomb P .E. TransAid Engineer EXHmIT "A" AGREEMENT GM-1281 SIGNAL ASSIGNMENT NO.2 This Signal Assignment, made and entered into thisJ~ -&. day of ~""~ ~~ 1997, is by and between the STATE of WASHINGTON, DEPARTMENT OF TRANSPORTATION, by virtue of Title 47, RCW, hereinafter designed as the "STATE" and the CITY of PORT ANGELES, PO Box 1150, Port Angles, Washington 98362, hereinafter called the "CITY". WHEREAS, MASTER AGREEMENT NUMBER GM-1281, entered into between the STATE and the CITY on June, 27, 1994, is incorporated and by reference, made a part of this Signal Assignment as if fully set forth herein. NOW THEREFORE, it mutually agreed as follows: 1. The work proposed under this Signal Assignment includes the maintenance of a signal which has been constructed at SR101 (Lincoln)lLauridsen Boulevard and managed for the mutual benefit of traffic using both CITY and STATE facilities. 2. The CITY will maintain and operate STATE signal described above in accordance with AGREEMENT GM-1281. 3. Verbal authorization to start this Signal Assignment was given on November 2, 1995. 4. Payment for this Signal Assignment shall be on the annual fee basis stated in Section IV, PAYMENT of AGREEMENT GM-1281 5. Miscellaneous: (additional items, clauses, conditions, prOVISions, etc. that are not inconsistent with AGREEMENT GM-1281. IN WITNESS WHEREOF, the parties hereto have executed this Signal Assignment as of the day and year first above written, CITY OF PORT ANGLES (CLALLAM CO.) STATE OF WASHINGTON DEPARTMENT OF TRANSPORTATION , ' " MASTER AGREEMENT GM-1281 5, 5<1q Th~s AGREEMENT made and entered into this :< 7 r:A day of .j U Ne , 19 ~4, is by and between the state of Washinqton, Department of Transportation, by virtue of Title 47 RCW, hereinafter designated as the "STATE" and the City of Port Angeles, P.O. Box 1150, Port Angeles, Washington 98362, hereinafter called the "CITY." WHEREAS, the STATE owns traffic signal systems at the intersec- tions shown on Exhibit "A", attached hereto, and by this reference made a part of this AGREEMENT, and WHEREAS, the traffic signals identified in Exhibit "A" are within the confines of the CITY's limits, and WHEREAS, there is a desire on the part of the CITY and the STATE to clearly define the responsibility of each party toward the operation and maintenance of the subject traffic signals, and WHEREAS, it would be to the mutual benefit of the parties to this AGREEMENT to establish, in writing, each party's responsibility toward the operation and maintenance of the subject traffic signals, and WHEREAS, it is acceptable to the STATE for the CITY to perform the operation and maintenance functions on the subject STATE owned signal systems, and WHEREAS, there is a possibility of future occurrences of similar situations, i.e., traffic signal systems that are owned by the STATE, and located within the CITY limits, NOW THEREFORE, it is mutually agreed as follows: I GENERAL The CITY agrees to accept maintenance and operation of the STATE owned signal systems to be described in Exhibit "A", subsequent to a joint field inspection by both parties. Maintenance and operation shall specifically following items: incl ude the 1. Day to day operation, including coordination, timing, adjustments, removal and replacements of failed units inside the control cabinet. 1 GM-1281.DOC 2. Replacing signal lamps that burn out. 3. Annual signal head cleaning and relamping. 4. Maintaining accurate maintenance records, as to the time and materials used in completing the various tasks for each signal location. The CITY is specifically excluded from doing the following work which will be done by the STATE except when the STATE requests the CITY to perform the work which will be done at STATE expense: 1. Repair and/or Replacement of mast poles, mast arms, control cabinets and contents, signals and other related devices. 2. Replacement of deteriorated signal equipment due to ag- ing. 3. Painting (City to notify state of need). In the event a condition exists resulting from storm damage, third party damage, unknown third party damage, or other reasons, the CITY may of their own volition, remove any obvious and immediate traffic hazards due to storm, third party damage, unknown third party damage or other reasons before notification by the STATE. The CITY will provide the STATE with all information it possesses pertaining to any third party damage to the state's signals. The CITY response to a notice of defective condition that requires immediate action in the traffic control signal system (a black signal, a left turn burn out, a red light burn out or dangerous signal operation) shall be such that the signal is operating and fully functional before the next peak hour following the occurrence of the defective condition. The STATE will perform the following activities: 1. Repair of failed cabinet units the CITY has removed and replaced, which will be returned to the CITY for reinstallation. 2. Repair of failed loops. 3. Maintain STATE owned intersection illumination. 2 GM-1281.DOC Original signal phasing and timing plans and all revisions there- to shall be reviewed and approved by the STATE's District Traffic Engineer before the plan and/or any revisions are implemented. When repairs and/or replacements, that are not considered to be routine maintenance, are to be done by the CITY, the STATE will make a specific request, by issuance of a Signal Assignment Repair or Replacement Document, as shown in EXHIBIT "C". Signal Assignment Repair or Replacement shall be signed on behalf of the STATE by the District Administrator, or his designee. The CITY Director of Public Works shall review the Signal Assignment Repair or Replacement and indicate concurrence by signing and returning one copy of the document with original signature to the STATE. The CITY shall perform the work with reasonable dispatch, consistent with the need, and will furnish materials, equipment and tools and shall employ and pay all labor necessary in accordance with the request made by the STATE. II EXHIBIT "A" SIGNAL ASSIGNMENTS Each signal assignment document, similar in format to Exhibit "A" attached hereto and by reference made a part of this AGREEMENT, shall include as a minimum a description of the signal installation, location, and proposed controller interconnects to other signals. Each signal assignment document shall also include details of, and responsibilities for, such proposed controller interconnects. Signal Assignments shall be signed on behalf of the STATE by the District Administrator, or his designee. The CITY Director of Public Works $hall review each signal assignment document and indicate concurrence by signing and returning one copy of the document with original signature to the STATE. III DELETIONS FROM AGREEMENT Deletions from this AGREEMENT shall be made by a Signal Assignment Deletion as shown in EXHIBIT "B" that revises the coverage of this AGREEMENT. The Signal Assignment Deletion will, upon co-signature by the District Administrator, or his designee, on behalf of the STATE, 3 GM-1281.DOC and the Director of Public Works on behalf of the CITY, become a part of this AGREEMENT, the effective date of the coverage change shall be defined in the Signal Assignment Signal Deletion. IV COST The CITY shall be reimbursed by the STATE for each signal associated with this AGREEMENT by payment of an annual fixed fee as indicated in EXHIBIT "D". The fixed fee may be updated at the discretion of the parties of this AGREEMENT to reflect rate and overhead increases. The rate structure may be changed upon signature, by both parties, of a supplement-to-agreement. The effective date of the fee adjustment shall be defined by supplement-to-agreement. The CITY shall be reimbursed by the STATE for each Signal Assignment Repair ,or Replacement associated with this AGREEMENT for the actual direct and related indirect cost of the work to be indicated by EXHIBIT "C". V PAYMENT The STATE snaIl be responsible for payment of operational power costs associated with,their signals. The STATE, in consideration of the faithful performance of the work identified in Section I as maintenance and operation, agrees to pay the CITY the agreed annual fee for each signal maintained under a Signal Assignment document. Said fee shall be payable January 1 of each year for the preceding calendar year, and shall be prorated on the actual number of months of operation for that year. The STATE, in consideration of the faithful performance of the work identified in Section I as STATE work done by the CITY at the STATE'S request agrees to pay the CITY actual direct and related indirect costs accumulated as in accordance with a work order accounting procedure prescribed by the Division of Municipal Corporations of the State Auditor's Office. 4 GM-1281.DOC , , , During the progress of work assigned to the CITY, which is specified in section I to be done by the STATE, and for a period not less than three years from the date of payment to the CITY for that work, the records and accounts pertaining to said work and accounting therefore are to be kept available for inspection and audit by the STATE and/or Federal Government and copies of all records, accounts, documents, or other data pertaining to the project will be furnished upon request. If any litigation, claim, or audit is commenced, the records and accounts along with supporting documentation shall be retained until all litigation, claim or audit finding has been resolved even though such litigation, claim, or audit continues past the three-year retention period. In the event that it is determined that overpayment has been made to the CITY by the ,STATE, the STATE will bill the CITY for the amount of overpayment. The CITY agrees that if payment has not been received by the STATE within forty-five (45) days after the CITY has been billed, the STATE may effect reimbursement of the r total sum due from monthly fuel tax allotments which the CITY is normally entitled to receive from the Motor Vehicle Fund, and in accordance with RCW 47.08.090. VI TERM OF AGREEMENT The term of this AGREEMENT shall be for up to one year, beginning on the date first entered above, and ending on December 31 of that year, provided that the AGREEMENT shall be annually automatically renewed unless either party to the AGREEMENT, the STATE or the CITY, provides written notice no later than November 1 of a calendar year to the other party of their intent to not renew the AGREEMENT. Either the STATE or the CITY may terminate this AGREEMENT for any reason with written notice to the other party at the end of sixty (60) calendar days following receipt of notice. Termination of this agreement shall constitute termination of all signal assignment documents as well. 5 GM-1281.DOC Co. VII LEGAL RELATIONS No liability shall attach to the STATE or the CITY by reason of entering into this AGREEMENT except as expressly provided herein. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT as of the day and year first above written. Approved as to form CITY OF PORT ANGELES (Clallam Co.) By: By: STATE OF WASHINGTON DEPARTMENT OF TRANSPORTATION By: (Jfffi7A/f/~ ) CHIEf MAINTENANCE ENGR. 6 GM-1281.DOC , . " '. EXHIBIT "A" AGREEMENT NO. GM-1281 SIGNAL ASSIGNMENT NO. This Signal Assignment, made and entered into this day of , 19__, is by and between The STATE OF WASHINGTON, DE- PARTMENT OF TRANSPORTATION, by virtue of Title 47 RCW, hereinaf- ter designated as the "STATE" and the CITY OF PORT ANGELES, P.O. Box 1150, Port Angeles, Washington 98362, hereinafter called the "CITY". WHEREAS, Master Agreement the STATE and the CITY on by this reference, made a fully set forth herein. Number GM-1281, entered into between , ,is incorporated and part of this Signal Assignment as if NOW THEREFORE, it is mutually agreed as follows: 1. The work proposed under this Signal Assignment includes the maintenance of a signal system which (has been/will be) constructed at (location) and (if appropriate) will be interconnected to (describe interconnect) and managed for the mutual benefit of traffic using both CITY and STATE facilities. 2. The CITY will maintain and operate such STATE signal described above in accordance with AGREEMENT GM-1281. 3. The CITY will maintain and operate the interconnect(s) above at no cost to the STATE. 4. The effective date to start this Signal Assignment work by the CITY is , 19___ 5. Payment for this Signal Assignment shall be on the annual fee basis stated in Section IV, PAYMENT, of AGREEMENT GM-1281. 6. Miscellaneous: (Additional items, clauses, conditions, provi- sions, etc. that are not inconsistent with AGREEMENT GM-1281.) IN WITNESS WHEREOF, the parties hereto have executed this Signal Assignment as of the day and year first above written. CITY OF PORT ANGELES (Clallam Co.) STATE OF WASHINGTON DEPARTMENT OF TRANSPORTATION By: Director of ,Public Works By: District Administrator 7 GM-1281.DOC ., , . " EXHIBIT "B" AGREEMENT NO. GM-1281 SIGNAL ASSIGNMENT DELETION NO. This Signal Assignment Deletion, made and entered into this day of , 19 , is by and between The STATE OF WASHINGTON, DEPARTMENT OF TRANSPORTATION, by virtue of Title 47 RCW, hereinafter designated as the "STATE" and the CITY OF PORT ANGELES, P.O. Box 1150, Port Angeles, WaShington 98362, hereinafter called the "CITY". WHEREAS, Master Agreement Number the STATE and the CITY on by this reference, made a part of this as if fully set forth herein. GM-1281, entered into between , 19 , is incorporated and Signal Assignment Deletion NOW THEREFORE, it is mutually agreed as follows: 1. The work under Signal Assignment No. ___ which includes the maintenance of a signal at (describe location in detail) and (if appropriate) the affected interconnects (describe interconnect in detail) which has previously been managed by the CITY for the mutual benefit of traffic using both CITY and STATE facilities is hereby terminated as per this signal assignment deletion. 2. The CITY will no longer maintain and operate such STATE signal described above in accordance with AGREEMENT GM-1281. 3. The CITY will no longer maintain interconnect(s) above. and operate the 4. The effective date to start this Signal Assignment Deletion is , 19___. 5. Miscellaneous: (Additional items, clauses, conditions, provi- sions, etc. that are not inconsistent with AGREEMENT GM-1281.) IN WITNESS WHEREOF, the parties hereto have executed this Signal Assignment Deletion as of the day and year first above written. CITY OF PORT ANGELES (Clallam Co.) STATE OF WASHINGTON DEPARTMENT OF TRANSPORTATION By: Director of Public Works By: District Administrator 8 GM-1281. DOC '. EXHIBIT "C" AGREEMENT NO.- GM-1281 SIGNAL ASSIGNMENT REPAIR OR REPLACEMENT NO. This signal Assignment for Repair or Replacement, made and entered into this day of , 19_, is by and between The STATE OF WASHINGTON, DEPARTMENT OF TRANSPORTATION, by virtue of Title 47 RCW, hereinafter designated as the "STATE" and the CITY OF PORT ANGELES, P.O. Box 1150, Port Angeles, Washington 98362, hereinafter called the "CITY". WHEREAS, Master Agreement Number GM-1281, entered into between the STATE and the CITY on , 19 , is incorporated and by this reference, made a part of this Signal Assignment for Repair or Replacement as if fully set forth herein. NOW THEREFORE, it is mutually agreed that the following work is to be preformed by the CITY at STATE expense: 1. Description and Location of Existing Facility: 2. Description of Work: 3. Cost Estimate (labor, materials and overhead): 5. The effective date to start this Signal Assignment for Repair or Replacement is , 19___. IN WITNESS WHEREOF, the parties hereto have executed this Signal Assignment for Repair or Replacement as of the day and year first above written. CITY OF PORT ANGELES (Clallam Co.) STATE OF WASHINGTON DEPARTMENT OF TRANSPORTATION By: Director of Public Works By: District Administrator 9 GM-1281.DOC ...,' ' . , . .' . '. EXHIBIT "0" AGREEMENT NO.~ GM-1281 SIGNAL SYSTEM ESTIMATE OF COST Maintenance Occurrence Labor Labor Cost @ Activities per year Hours $27.54 per/hr Observations (hardware review) 10 5 $ 137.70 Preventive Maintenance 2 3 $ 82.62 Relamp 1 2 $ 55.08 Trouble Calls 6 6 $ 165.24 Review timing/coordination 6 6 ~ 165.24 Subtotal Hours , Cost 22 $ 605.88 Signal Truck Subtotal Hours , Cost 22 22 Truck Cost @ $21.50 per/hr ~ 473.00 $ 473.00 Equipment Hours TOTAL COST TO STATE PER SIGNAL ASSIGNMENT -------- -------- $1078.88 10 GM-1281.DOC .. EXHIBIT "A" 5, 3-<./Q AGREEMENT NO. GM-1281 SIGNAL ASSIGNMENT NO. 1 This Signal Assignment, made and entered into this ~~H day of :rv...,Eo , 19~, is by and between The STATE OF WASHINGTON, DE- PARTMENT OF TRANSPORTATION, by virtue of Title 47 RCW, hereinaf- ter designated as the "STATE" and the CITY OF PORT ANGELES, P.O. Box 1150, Port Angeles, Washington 98362, hereinafter called the "CITY". WHEREAS, Master Agreement Number GM-1281, entered into between the STATE and the CITY on ~U~ z.~ , ,~, is incorporated and by this reference, made a part of this Signal Assignment as if fully set forth herein. NOW THEREFORE, ~it is mutually agreed as follows: 1. The work proposed under this Signal Assignment includes the maintenance of signal systems which have been constructed at, SR 101(Lincoln St.)/E. 8th st. SR 101(Lincoln St.)/E. 5th st. SR 101(Lincoln St.)/E. 1st st. SR 101(Lincoln St.)/Front st. SR 101(E. First St.)/Peabody st. SR 101(E. First St.)/Race st. SR 101(E. First St.)/Ennis st. SR 101(E. First st.)/Golf Course Rd. SR 101(E. First St.)/Del Guzzi Dr. SR 101(E. Front St.)/Ennis st. SR 101(E. Front St.)/Race st. SR 117 (Tumwater Truck Route)/Marine Drive and managed for the mutual benefit of traffic using both CITY and STATE facilities. 2. The CITY will maintain and operate such STATE signals described above in accordance with AGREEMENT GM-1281. 3. The effective date to start this Signal Assignment work by the CITY is ..:rutJ~ 3c , 19~. 4. Payment for this Signal Assignment shall be on the annual fee basis stated in Section IV, PAYMENT, of AGREEMENT GM-1281. Page 1 of 2 . t " ' , <<' IN WITNESS WHEREOF, the parties hereto have executed this Signal Assignment as of the day and year first above written. By: (Clallam Co.) CITY Di Works WASHINGTON T OF SPORTATION By: Page 2 of 2