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HomeMy WebLinkAboutGM 1391 Interlocal Agreement INTERLOCAL AGREEMENT FOR SIGNAL MAINTENANCE CITY OF ANACORTES GM 1391 This AGREEMENT made and entered into this 6 t day of F~cbruc.c , 2004, is by and between the State of Washington, Department of Transportation, acting through the Secretary of Transportation, hereinafter called the "WSDOT", and the City of Anacortes in Skagit County, hereinafter called the "CITY", acting through the chief executive of the CITY, hereinafter called the "MAYOR". WHEREAS, the CITY owns certain traffic signal systems, and WHEREAS, it would be to the mutual benefit of the WSDOT and the CITY for the WSDOT to perform the operation and maintenance of those traffic signal systems to the extent set forth in this Agreement and to establish, in writing, each party`s responsibility. NOW THEREFORE, by virtue of RCW 47.28.140 and in consideration of the terms, conditions, covenants, and performance contained herein or attached and made part of, IT 1S MUTUALLY AGREED AS FOLLOWS: GENERAL The WSDOT agrees to perform certain activities regarding the maintenance and operation of the designated traffic signal systems owned by the CITY as identified in Exhibit "A" attached hereto and by this reference made part of this Agreement. The CITY and WSDOT will meet as necessary, at a minimum annually, to review matters related to coordination, system changes, and maintenance and operations for the CITY -owned traffic signal systems. The WSDOT will coordinate the review of modifications of the systems with the CITY prior to implementation. However, the WSDOT may undertake such repairs as are necessary, in the exercise of its reasonable discretion, to remedy any immediate traffic hazard without prior notice or consultation with the CITY. The WSDOT is responsible for implementing and maintaining necessary traffic control while making such repairs. Page 1 of 7 GM 1391 II WSDOT RESPONSIBILITY As to the traffic signal systems identified in Exhibit "A," the WSDOT shall be responsible to perform the following tasks: A. Signal Timing. 1. Perform original signal phasing and timing plans and all revisions thereto, as determined by the WSDOT. All such plans and revisions, except for temporary changes related to maintenance, shall be reviewed by the CITY before the plan and/or any revisions are implemented. A. Routine Maintenance and Operation. Provide routine maintenance and operation, which shall involve the performance of the following activities: 1. Day to day operation of signal timing, to include coordination and adjustments. 2. Removal and replacement of failed components (i.e. load switches, loop amplifiers, conflict monitors, etc.) inside the control cabinet. These components, installed by the WSDOT shall be replaced with CITY-owned components or the CITY may purchase a new component from the WSDOT. 3. Replacing signal lamps that burn out. 4. Annual signal head cleaning and re-lamping. 5. Maintaining all associated interconnects. 6. Maintaining accurate maintenance records, as to the time and materials used in completing the various tasks for each location. 7. Routine preventative maintenance consistent with the WSDOT'S current preventative maintenance standards. Page 2 of 7 GM 1391 C. Emergency Maintenance 1. The WSDOT agrees to perform emergency maintenance on said traffic signal systems at CITY expense. Emergency maintenance includes repair or replacement of traffic signal systems or components and the necessary traffic control for WSDOT workers to perform the work. The WSDOT shall notify the CITY within 24 hours of the emergency work as to any relevant information the WSDOT may possess if the damage was caused by a third party. D. Replacement or repair caused by accidents, vandalism, adverse weather or unanticipated forces or action. 1 . The WSDOT agrees to perform replacement or repair of the traffic signal system components at CITY expense, if the damage was caused by accidents, vandalism, adverse weather or unanticipated forces or actions. 2. The WSDOT shall notify the CITY within 24 hours of the replacement or repair work as to any relevant information the WSDOT may possess if the damage was caused by a third party. E. Additional work The WSDOT will not perform work except as covered by paragraphs A, B, C and D above, except that the CITY may request that the WSDOT perform additional work at CITY expense. In that event, the parties will enter into a Signal Assignment For Repair Or Replacement, as shown in Exhibit "D" attached hereto and by this reference made a part of this Agreement. F. Standards Work to be performed by the WSDOT will be consistent with current WSDOT practices concerning the operation and maintenance of traffic signal systems as set forth as follows: 1. Components employed in traffic signal systems, Intelligent Transportation Systems (ITS) or any other electrical installation will conform to requirements of WAC 296-46B-040 Traffic management systems. 2. Work will be performed in accordance with section 2500, 2600 and 2700 (if illumination maintenance is included in the Agreement) of the current Time Page3of7 GM 1391 Standards Manual M54-05 for maintenance procedures for traffic signals, highway lighting and ITS equipment. 3. Work performed on these signal systems will be documented in Signal Maintenance Management records. III CITY RESPONSIBILITY The CITY'S responsibilities regarding the designated traffic signal systems identified in Exhibit "A" shall include the following: A. Payment of operational power costs associated with all signals. B. Maintain CITY-owned intersection illumination. C. Provide maintenance, operation, repair and replacement activities that are not covered in Section II, WSDOT RESPONSIBILITY of this Agreement. D. Request the WSDOT to perform repair or replacement work of the signal systems by using the Signal Assignment For Repair form as shown in Exhibit IV SIGNAL ASSIGNMENT or DELETION This Agreement may be amended to add or delete CITY-owned traffic signal systems by way of a Signal Assignment or Deletion document, as shown in Exhibit "C" attached hereto and by reference made a part of this Agreement. The supplemental document shall include as a minimum a description of the signal installation(s) to be added or deleted and the system(s) precise location. The effective date of coverage or deletion shall be defined in the Signal Assignment or Deletion document. The Signal Assignment or Deletion form shall be signed on behalf of the WSDOT by the Regional Administrator or his/her designee. The CITY shall review the Signal Assignment or Deletion document and indicate concurrence by authorized signature, and returning one copy of the document with original signatures to the WSDOT. A signal may be deleted from this AGREEMENT at the discretion of either party upon 30 days written notice to the other. l Page4of7 GM 1391 V PAYMENT AND ASSOCIATED COST The estimated cost of routine maintenance and operation in (the current year) is as defined in Exhibit "B" attached hereto and by reference made part of this Agreement. The CITY agrees to set aside funds for payment to the WSDOT for such work in this amount. It is anticipated that actual costs will rise in subsequent years as materials, wages and other costs increase. The CITY further agrees to reimburse the WSDOT for the actual cost of work covered by this Agreement including additional work for emergency maintenance and additional work performed at the request of the CITY. Payments shall be made upon presentation of progress billings by the WSDOT, and within thirty (30) days after the CITY has received each billing. The CITY agrees that if payment for the work is not made within forty-five (45) days after the CITY has been billed for the work, the WSDOT may withhold any monies which the CITY is entitled to receive from the Motor Vehicle Fund and apply the withheld monies to the amount billed by the WSDOT until satisfied. The withholding shall not apply if, in the WSDOT's good faith opinion, the amounts owed are subject to a bona fide dispute. During the progress of any and all work assigned to the WSDOT, and for a period of not less than three years from the date of payment to the WSDOT 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 CITY. Copies of all records, accounts, documents, or other data pertaining to the project will be furnished upon request to the CITY. 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 an overpayment has been made to the WSDOT by the CITY, the CITY will bill the WSDOT for the amount of overpayment. Page5of7 GM 1391 VI RIGHT OF ENTRY The CITY grants the WSDOT access to CITY right-of-way for the purpose of performing operation, maintenance, repair or replacement of the signal systems designated in Exhibit "A" and any systems that are added to this AGREEMENT by way of the Signal Assignment document Exhibit "C". VII 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. This AGREEMENT shall automatically be renewed on a calendar year basis unless written notice of termination is given by either party by the preceding November 1 of any such year. Failure of either party to notify the other of such termination on or before November 1 of any such year shall cause this AGREEMENT to automatically be renewed for the next ensuing calendar year. Either the WSDOT 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 associated signal assignment documents as well. Upon such notice, the WSDOT shall have no further responsibility of any kind or nature regarding the CITY'S traffic signal systems, including any systems that were added to this AGREEMENT by amendment. VIII LEGAL RELATIONS Each of the PARTIES to this AGREEMENT shall protect, defend, indemnify, and save harmless the other PARTY, its officers, officials, employees, and agents, while acting within the scope of their employment as such, from any and all costs, claims, judgment, and/or awards of damages, arising out of, or in any way resulting from, each of the PARTY'S negligent acts or omissions. No PARTY will be required to indemnify, defend, or save harmless the other PARTY if the claim, suit, or action for injuries, death, or damages is caused by the sole negligence of the other PARTY. Where such claims, suits, or actions result from concurrent negligence of the PARTIES, the indemnity provisions provided herein shall Page 6 of 7 GM 1391 be valid and enforceable only to the extent of the PARTY'S own negligence. Each of the PARTIES agrees that its obligations under this subparagraph extend to any claim, demand, and/or cause of action brought by, or on behalf of, any of its employees or agents. For this purpose, each of the PARTIES, by mutual negotiation, hereby waives, with respect to each of the other PARTY only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW. In the event that any of the PARTIES or combination of the PARTIES incurs any judgment, award, and/or cost arising therefrom, including attorneys' fees, to enforce the provisions of this Section, all such fees, expenses, and costs shall be recoverable from the responsible PARTY or combination of the PARTIES to the extent of that PARTY'S/those PARTIES' culpability. This indemnification shall survive the termination of this AGREEMENT. In the event that any 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 proceedings shall be brought in a court of competent jurisdiction situated in Thurston County, Washington. All claims brought which arise out of, in connection with, or incident to the execution of this AGREEMENT will be forwarded to the CITY for initial processing. Any such claims believed to be caused by the concurrent or sole negligence of the WSDOT will be formally tendered to the General Administration/Office of Risk Management for processing pursuant to RCW 4.92.100. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT as of the day and year first above written. WSDOT OF WASHINGTON CITY OF ANACORTES DEPARTMENT OF TRANSPORTATION in Skagit County �' �� By: --�AL By: 45/LoG, �r�.v`� Dave McCormick NW Region Maintenance Engineer Mayor Date FGh,.�,,� 6l 2r. Y Date f/2 7 f b y Approved As To Form: Approved As To Form: Assistant Attorney General Attorney for CITY OF ANACORTES Date: Page7of7 GM 1391 EXHIBIT "A" AGREEMENT GM 1391 Port of Ls. • - Wyrnan's e� Anacores Dock 'o°so w-M Ina.'. mif Anchor 1K; 1r Sr , m Cove el A �.. .arl a Ys'. =Ks� n cllai1ri ■ rE_©� ® � e am■ .._.'?t° ;Cap wr© Cap .nte C 9 MUM ,'. ante Marina �,ir, ii.n Port of [lark G 11 i Anacones NE 4. % Till , �� MME I m '` I Volunteer µ�stilk Park I IIII1 l *x' sen°��s3 r,.. 401:01 L- , H--.. % K'' i n Shannon Mauve Sh ip Hrrrhnr 0 '''R I "l=,sr`---_.__ n msrW cane, ei� �q _11111111 ne Alms- r w` .� a sz W+',.s^., a© : ark waP` i Lp. cry Y��. �,r,r„i..,, asT W �o s Wif . .sr :NM'. Anacones • • .o� I wi $ ra�i� �. rai-u+- Li nn .^ n©�I Marina Ir Washington •Le a -Yft' l j 1 o s' or "sr ^� I j r i m,r f 3j ma's . Macorles r7� �® ,z_ a l 1 Park '�sm, r yy�J A€rport t ' x J B.DA�, Skyl-E .'ry t Fy k .-- .—_. '` u Ali .ik ill .• I .W Manna y, n % Cranberry r:Lt...., u,y'l -'---,- InNIM z A Al ' II, 4ilk $- �P Sr/ own.gKFS Y M 51 © �.. `\\ram Lake _ n kr o u ° �� Forest ITT m.r : . , , 9,F1•EA''3 Area — JT1 1 f 5 , MAP of l% _ice u 1 el ANACORTES Burrows gg �� k„r n r..p�_j uwr DR ums a w 0 120o moo ason arson 570 t Raurr LAKE P, AAERVIEwui 1 MILE { it o = cwwnsu \ s ee�n Feel g Hear! n. Lake w wacx,µ _.,—_ a' ,, a� l Stale 11- ift �� -. Park ifri gk�Y�3 Vicinity Map SIGNAL SYSTEMS TO BE MAINTAINED: Intersections of Commercial Avenue and 6th Street, Commercial Avenue and 8th Street, 17th Street and 0 Avenue Sheet 1of1 GM 1391 EXHIBIT "B" AGREEMENT GM 1391 ESTIMATED ANNUAL COST PER INTERSECTION The annual cost to maintain a traffic signal employing WSDOT Electronics Technicians and Traffic Signal Technicians is shown below. The rates reflect the current personnel costs and do not reflect any cost of living raises that state employees may receive in the future. These figures do not reflect modifications or changes to the signals. Work of that nature must be funded separately: 1. One Annual Traffic Signal Controller cabinet Major Preventive Maintenance (PM). Requires one Electronic Technician 3 with van and takes four hours. 1 Electronic Tech. 3 - 4 hours @ $35.23 per hour $140.92 1 Van - 4 hours @ $2.77 per hour $ 11.08 Material $ 50.00 Total $202.00 2. Twelve Monthly Minor Traffic Signal PM's. Each PM requires one Electronics Technician 3 with Van and takes one half hour to complete. This comes to six hours per year. 1 Electronics Tech. 3 - 6 hours @ $35.23 per hour $211.38 1 Van - 6 hours @ $2.77 per hour $ 16.62 Material $ 10.00 Total $238.00 3. One Annual Traffic Signal Lamp Replacement. This procedure requires one Traffic Signal crew consisting of one Traffic Signal Technician 3 and one Traffic Signal Technician 2 with a man lift truck. Each signal requires approximately eight hours to complete. 1 Traffic Signal Tech. 3 - 8 hours @ $35.23 per hour $281,84 1 Traffic Signal Tech. 2 - 8 hours @ $33.71 per hour $269,68 1 Man Lift Truck - 8 hours @ $12.35 per hour $ 98.80 36 Hytron Signal Lamps @ $1.23 each $ 54.00 Miscellaneous material $ 20.00 Total $724.32 4. Signal Operations. An operations Engineer devotes approximately thirty six (36) hours per year to each signal in an interconnected system. 1 Traffic Engineer 3 - 36 hours @ $30.54 per hour $1099.44 1 Van - 36 hours @ $2.77 per hour $ 99.72 Total $1199.16 Sheet 1 of 2 GM 1391 ESTIMATED ANNUAL COST PER INTERSECTION (Continued) 5. Emergency call outs. This can often be the most difficult area to estimate. Some signals require little or no after hours work while others may fail on a regular basis. Additionally, parts and material requirements can vary drastically. A failed lamp would only cost $1.23 whereas a signal head destroyed by a high load man run as much as $900 (in the case of a dog house head). For purposes of this estimate assumed two call outs requiring an Electronics Technician and two requiring a Signal crew per year. In either case each individual receives two hours call back pay at the overtime rate for each occurrence. Material costs are estimated as $50 per incident. 1 Electronics Technician 3 - 8 hours (4 call back/4 overtime) @ $46.30 $370.40 1 Van -4 hours @ $2.77 $ 11.08 Material $100.00 Total $481.48 1 Traffic Signal Tech. 3 - 8 hours (4 call back/4 overtime) @ $46.30 $370.40 1 Traffic Signal Tech. 2 - 8 hours (4 call back/4 overtime) @ $44.10 $352.80 1 Man Lift Truck-4 hours @ $12.35 per hour $ 49.40 Material $100.00 Total $872.60 6. Contingency factor. A 10% contingency factor is added in to cover oversights or shortfalls. Contingency - 10% of $3717.56 $371.76 Total Estimated Cost per Signal - $4089.32 The above rates are in effect for the current year 2001. The rates may be adjusted on January 15f of each succeeding year based upon WSDOT'S actual costs in providing such services. If the Agreement is renewed pursuant to Section VII, the local agency agrees to pay the rates that will be in effect for the ensuing calendar year. Prepared 6/29/00 Updated 6/18/01 By Northwest Region Signal Maintenance Sheet 2 of 2 GM 1391 EXHIBIT "C" AGREEMENT GM 1391 SIGNAL ASSIGNMENT OR DELETION This Signal Assignment, made and entered into this day of 2003, 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 Anacortes, P.O. Box 547, Anacortes, WA 98221, hereinafter called the "CITY". WHEREAS, General Maintenance Agreement Number GM 1391 entered into between the STATE and the CITY is incorporated and by this reference, made a part of this Signal Assignment or Deletion as if fully set forth herein. NOW THEREFORE, it is mutually agreed as follows: Signal Assignment The work proposed under this Signal Assignment includes the maintenance of signal systems, which have been constructed at the following locations: Intersection of Commercial Avenue and 6th Street Intersection of Commercial Avenue and 8th Street Intersection of Q Avenue and 17th Street Effective Date The effective date to start the above noted Signal Assignment work is January 1, 2002. IN WITNESS WHEREOF, the parties hereto have executed this Signal Assignment or Deletion as of the day and year first above written. CITY OF ANACORTES (Skagit Co.) STATE OF WASHINGTON DEPARTMENT OF TRANSPORTATION By: 7atcusl 747 By: �f�` �" 7/1"4t'Sg----- Mayor NW Region Maintenance Engineer Sheet 1 of 1 GM 1391 EXHIBIT "D" AGREEMENT GM 1391 SIGNAL ASSIGNMENT FOR REPAIR OR REPLACEMENT This Signal Assignment for Repair or Replacement, made and entered into this day of , 2003, 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 Anacortes, P.O. Box 547, Anacortes, WA 98221, hereinafter called the "CITY". WHEREAS, Master Agreement Number GM 1391, entered into between the STATE and the CITY 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 performed by the STATE at CITY expense: 1. Description and Location of Existing Facility: 2. Description of Work: 3. Cost (labor, materials and overhead): 4. The effective date to start this Signal Assignment for Repair or Replacement is: 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 ANACORTES STATE OF WASHINGTON (in Skagit County) DEPARTMENT OF TRANSPORTATION By: 74 Sta., 7474Y By: Mayor NW Region Maintenance Engineer Sheet 1 of 1 GM 1391