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HomeMy WebLinkAbout5.542 Original Contract ',"'0 '0' P/i.'~/:+:;~., ..r _....0.----------1- .: f..C:)ROED p~ r 1.':-, I.- r '.... l~ ~l~" ~4 '~,t 2005 AUG 25 ~r~ 9: 00 Filed at the Request of: IIIMI~IIII~IIII~I 2005 1163543 Clallam County @ 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.. ~ ~ ~ ~ -4; \ (~~fw-T-td1O'1- purpose:~(;~ ~~~ ~~~~ Dated: c,/~8J{)~ r'/hiJfl> ....... ':7:' Washington State ~/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 , . February 16, 2000 . 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 , 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 , . 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