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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