HomeMy WebLinkAbout5.1047 Original ContractMemorandum Of Understanding
A Cooperative Agreement Concerning Volunteer Support
for the Dry Creek Bridge and Trail Project
Parties to the Agreement: The City of Port Angeles, Washington, a municipal corporation, 321
East Fifth Street, Port Angeles, WA 98362; hereinafter referred to as "City and the Peninsula
Trails Coalition, a non profit corporation organized under the laws of the State of Washington,
P.O. Box 1836, Port Angeles, WA 98362; hereinafter referred to as "PTC
Scope of this Agreement: This agreement sets out the terms and conditions by which PTC
agrees to provide volunteer services to the City of Port Angeles in connection with the
improvement of a portion of the Olympic Discovery Trail. This section of trail is located upon
the former Milwaukee Railroad grade between 10 Street and Lower Elwha Road. The
agreement covers the closure of the trail and placement of warning notices during the
construction project; vegetation removal on and near the trail as required; resurfacing of the trail
and trailhead in accordance with the statement of work and City direction; installation of
information signage and access control devices, as well as site clean-up and debris removal.
Volunteer Activities: PTC agrees to resurface the Milwaukee Railroad grade trail located
between 10 Street in the City of Port Angeles westward to Lower Elwha Road, and to prepare
it to become a portion of the Olympic Discovery Trail (ODT). The activities shall include
construction of trailheads, resurfacing of the shoulders and pathway, installation of signage,
erection of access control devices, site clean-up and debris removal as directed by City in accord
with the 2009 Dry Creek Bridge and Trail Study, applicable City standards, and the requirements
of the Washington State Recreation and Conservation Office Contract 08 -1314 (Olympic
Discovery Trail Dry Creek Bridge.)
All work plans, schedules, and material estimates shall be approved by City prior to construction.
All work shall be approved and coordinated through the Engineer assigned by City as Project
Manager. City shall have the right to inspect the work at any point. Volunteers using
construction equipment on surfacing portions of the project will be licensed and experienced in
similar construction work. PTC shall manage all volunteers in accordance with City's volunteer
policies, including time reporting, orientation, and compliance with insurance requirements. PTC
shall provide City with costs and hours for all volunteer labor, an itemization of all materials and
equipment actually used, and provide other documentation in accordance with state RCO and
L &I guidelines. PTC shall provide City with an estimate of such volunteer costs for planning
purposes prior to start of work. All reporting documents and program paperwork shall be given
to the City Engineer monthly for approval and record retention.
Upon prior written approval, City will reimburse PTC for selected materials, supplies, and minor
subcontracts used in the project. Where such prior agreement has been made, PTC will bill City
for such costs monthly, not to exceed the agreed upon amount. City will register all volunteers
for the purpose of job accident coverage for volunteers upon being supplied appropriate
information by PTC.
S.
Term and Duration of the Agreement: PTC will start preconstruction work on approval of the
MOU and direction from City managing Engineer and will complete all work within the period
of City's Dry Creek Bridge and Trail project. Either party may terminate this agreement by
providing written notice to the other at the addresses listed below.
Program Management: PTC will appoint an overall manager for the refurbishment project and
will provide additional supervision through its board members, as required. City will administer
this project through the Public Works and Utilities Department and will designate an Engineer as
Project Manager.
Program Administration: This program shall be administered by Kathe Smith, President, or
her designee, on behalf of PTC and by the Public Works and Utilities Director for the City of
Port Angeles, or his designee, on behalf of the City. The order of construction needs to follow a
logical timetable which will be developed by City. It is important that PTC work complies with
the schedule as established to prevent conflicts.
Notices: Any written notices required by this agreement shall be mailed to the following
addresses:
This agreement is entered into this 7 1 L day of
City of Port Angeles:
Dan Di Guilio, Mayor
Attest:
sa Hurd, City Clerk
Approved as to form:
William E. Bloor, City Attorney
Peninsula Trails Coalition
P.O. Box 1836
Port Angeles, WA 98362
2
City of Port Angeles
P.O. Box 1150
321 E. Fifth Street
Port Angeles WA 98362
Peninsula Trails Coalition:
Kathe Smith, President
2010 by the parties below.
G \Legal_ Backup \AGREEMENTS &CONTRACTS\2010 Agrmts&Contracts\Peninsula Trails Coalition Dry Creek Bridge MOU 020310 doc
ACORD CERTIFICATE OF LIABILITY INSURANCE OP ID P6 DATE(MMIDDIYYYY)
PENITRA 05/03/10
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
RJF Agencies Inc Hayward ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
15896 Hwy. 63 S HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
PO Box 989 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Hayward WI 54843
Phone 715 634 -4318 INSURERS AFFORDING COVERAGE NAIC
INSURED
Peninsula Trails Coalition
ATTN: Treasurer
PO Box 1836
Port Angeles WA 98362
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING
ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED HY PAID CLAIMS
11 117RTO TYPE OF INSURANCE
GENERAL LIABILITY
A X X COMMERCIAL GENERAL LIABILITY PG1,1000956 /INBAPENRTRA
CLAIMS MADE X OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER
1 POLICY 1 jECT I LOC
AUTOMOBILE LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON OWNED AUTOS
GARAGE LIABILITY
ANY AUTO
EXCESS/UMBRELLA UABILRY
OCCUR
CLAIMS MADE
DEDUCTIBLE
RETENTION
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED'
If yes, describe under
SPECIAL PROVISIONS below
OTHER
DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES/ EXCLUSIONS ADDED BY ENDORSEMENT 1 SPECIAL PROVISIONS
EFFECTIVE DATES OF YOUR COVERAGE ARE 05/03/09- 10/15/10.
Per Location /Event General Aggragate is $5,000,000. City of Port Angeles,WA
is listed as additional insured.
CERTIFICATE HOLDER
ACORD 25 (2001/08)
City of Port Angeles,WA
Attn: Richard Bonine,
Public Works
321 E. Fifth Street
Port Angeles WA 98362
POLICY NUMBER
CITY
INSURER A Interstate Sirs t Casualty Co
I INSURER B
I INSURER C
I INSURER D
1 INSURER E
1 DATE (MM/D I DATE IMM/DD/YY) N I
EACH OCCURRENCE
10/15/09 10/15/10 PREMISES (Ea occurence)
MED EXP (Any one person)
PERSONAL ADV INJURY
GENERAL AGGREGATE
PRODUCTS COMP/OP AGG
1 Abuse
COMBINED SINGLE LIMIT
(Ea accident)
BODILY INJURY
(Per person)
BODILY INJURY
(Per accident)
PROPERTY DAMAGE
(Per accident)
I AUTO ONLY EA ACCIDENT
EA ACC
AGG
OTHER THAN
AUTO ONLY
1 EACH OCCURRENCE
(AGGREGATE
I
1
I IT R LIMITS 1 I ER
E L EACH ACCIDENT
1 E.L DISEASE EA EMPLOYEE)
E L DISEASE POLICY LIMIT
LIMITS
I$ 1,000,000
50,000
$Excluded
Is1,000,000
1$2,000,000
1$2,000,000
Excluded
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO 00 SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
AUTHO
REPRESENTATIVE
/f ACORD CORPORATION 1988
ACORD 26 (2001/08)
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon