HomeMy WebLinkAboutGCA 5176/04-058-DEV-001 Interlocal Agreement Washington State Washington State Ferries
Department of Transportation 2901 -Third Avenue, Suite4 500
Sea
N p Seattle,WA 98121-301
Douglas B.MacDonald 206-515-3400
Secretary of Transportation TTY: 1-800-833 6388
www.wsdot.wa.gov/ferries
17, 2007 W.Michael Anderson
July Assistant Secretary of Marine Operations
Executive Director
Denise Van Wyck RECEIVED
Administrative Assistant
CITY OF ANACORTES JUL 9 2iN07
904 6th St.
P.O. Box 547 siNGINEERING
Anacortes, WA 98221-0547
Re: Anacortes Transportation Planning Agreement No. GCA 5176
Dear Denise:
Please find enclosed for your files one (1) fully signed original of the Anacortes
Transportation Planning Agreement No. GCA 5176 between Washington State Ferries
(WSF) and the City of Anacortes (City). The Agreement became effective on March 29,
2007 and expires on February 29, 2008.
Under the Agreement, the City will compose the transportation element of the
Anacortes Comprehensive Plan (the Project). The deliverables for the Project will include
the following: (i) a preliminary analysis of the traffic modeling data provided by the Skagit
Council of Governments and to be used in the Project; (ii) a review draft of the transportation
element of the Anacortes Comprehensive Plan; and (iii) the final transportation element of
the Anacortes Comprehensive Plan. In exchange, WSF will pay the City $10,000 for each
deliverable. Total payment to the City for the Project shall not exceed$30,000.
Thank you for your patience in completing the signature process (the Agreement was
misrouted for over a month). If you have any questions, please contact me (phone:
206.515.3601; fax: 206.515.3605; e-mail: mcguigan@wsdot.wa.gov).
Sincerely,
111
Tim McGuigan
Director of Legal Services & Contracts
Encl.
cc: David Sowers
Daryl Huntsinger
Ben Dietz
Echo Chu
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ANACORTES PLANNING AGMT\003
"ip,71
Washington State Agreement Edit Information
Department of Transportation g
Return this form and original executed agreement to HQ Accounting Services
Agreement Review Agreement Number Supplement Number
p Region Approved and Executed
O HQ Agreement Review Transmittal Required GCA 5176 N/A
Agreement Retention Agreement Manager Region
O Retain Agreement for six(6) years after closure
O Agreement requires permanent retention (75 years) David Sowers WSF/Marine
Payor/Payee Name and Address Org. Code
Ancortes Public Works Dept. All Reports will be sent to this
City of Anacortes 362220 Organization Number
904 6th St. Start Date
P.O.Box 547 Vouchers will not be paid for work
Anacortes,WA 98221-0547 3/29/2007 performed before this date
Federal Employer ID Number OR Social Security Number End Date
Vouchers will not be paid for work
91-6001227 2/29/2008 performed after this date
Project Title
ANACOR I'ES TRANSPORTATION PLANNING AGREEMENT NO. GCA 5176
Project Description
The City of Anacortes prepares the transportation element of the Anacortes Comprehensive Plan, and submits three
specified deliverables to Washington States Ferries (WSF)regarding such work.
WSF reimburses the City up to$30,000 total for all deliverables.
Payable Agreement Reimbursable Agreement
Work by Others to be PAID by WSDOT Work by WSDOT to be REIMBURSED by
OTHERS
Maximum Amount Payable Amount Reimbursable to WSDOT
$30,000.00 N/A
Management Reserve Fund(Funds setup when requested) Reciprocal Overhead Agreement Number(If applicable)
0 N/A
Allowed Overrun Percent Allowed Overrun Percent
0 N/A
Preparer's Signature /fin c Date Phone
04: a( S w C L 5/29/2007 206.515.3601
DOT Form 130-005 EF
Revised 9/2005
ANACORTES TRANSPORTATION PLANNING
AGREEMENT NO. GCA 5176
ANACORTES TRANSPORTATION PLANNING AGREEMENT (hereinafter
"Agreement") is made and entered into this 29th day of March, 2007, between
WASHINGTON STATE FERRIES, a division of the Washington State Department of
Transportation (hereinafter "WSF") and the CITY OF ANACORTES, a municipal
corporation organized under the laws of the State of Washington (hereinafter "CITY").
WITNESS THAT:
WHEREAS, WSF operates the Anacortes Ferry Terminal in Skagit County,
Washington (hereinafter called the "Terminal"); and
WHEREAS, WSF is currently in the design process for a new Anacortes Multimodal
Terminal project; and
WHEREAS, WSF and the CITY recognize the need for the transportation planning
project described herein; and
WHEREAS, it is deemed in the best interest of WSF to participate in funding such
project for the mutual benefit of local roadway planning in the area of the Anacortes
Multimodal Terminal project; and
WHEREAS, WSF and the CITY now wish to define responsibilities for the
administration and execution of the transportation planning work; and
NOW THEREFORE, in consideration of the terms, conditions, covenants and
performance contained herein, the parties agree as follows:
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I.
SCOPE
A. The CITY shall compose the transportation element of the Anacortes Comprehensive
Plan (the "Project"). The Project deliverables shall include the deliverables set forth
in Exhibit"A," attached hereto and by this reference incorporated herein.
II.
TERM
A. The project period shall commence on the date first written above and shall expire on
February 29, 2008.
III.
PAYMENT
A. WSF agrees to pay the CITY Ten Thousand Dollars ($10,000) for each deliverable
identified in Exhibit "A." Total payment to the CITY for the Project shall not exceed
the total authorized amount of Thirty Thousand Dollars ($30,000).
B. The CITY shall submit an invoice to WSF upon the delivery of each deliverable
identified in Exhibit "A," but not to exceed one such invoice every month. WSF
shall review and approve each invoice for payment and shall make payment within
thirty (30) calendar days after approval of the payment request.
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IV.
REPORTS
A. The CITY shall, from time to time during the progress of the work, confer with
WSF. The CITY shall prepare and present to WSF a quarterly progress report. The
report shall be completed and submitted to the state within thirty (30) calendar days
following the end of each fiscal quarter. WSF however, reserves the right to request
an interim report during the fiscal quarter. The interim report is due to the state
within twenty one (21) calendar days of being notified in writing by WSF. The
interim report shall include a summary of work progress during the course of the
fiscal year, and progress to date, including any problems or work delays. WSF may
delay reimbursement of billings if the requested interim report is not submitted in a
timely manner.
B. Within thirty (30) days after the conclusion of each fiscal year, the CITY shall
prepare and submit to WSF an annual progress report. This annual report shall
summarize work accomplished under the scope of work.
V.
MODIFICATIONS
A. Either party may request changes to this Agreement. Such changes which are
mutually agreed upon shall be incorporated as written amendments to this Agreement.
No variation or alteration of the terms of this Agreement shall be valid unless made
into writing and signed by the authorized representatives of the parties hereto.
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VI.
AUDITS, INSPECTION AND RETENTION OF RECORDS
A. All project records in support of all costs incurred and actual expenditures kept by the
CITY are to be maintained in accordance with procedures prescribed by the Division
of Municipal Corporations of the State Auditor's Office, the U.S. Department of
Transportation, and the State of Washington.
B. WSF, and any of its representatives, shall have full access to and the right to
examine, during normal business hours and as often as they deem necessary, all of the
CITY's records with respect to all matters covered by this Agreement. Such
representatives shall be permitted to audit, examine, and make excerpts or transcripts
from such records and to make audits of all contracts, invoices, and materials,
payrolls, and other matters covered by this Agreement. All documents, accounting
records, and other material pertaining to costs incurred in connection with the project
shall be retained by the CITY for three years after WSF's written notice that the
project is complete and the Agreement is terminated. Copies thereof shall be
furnished if requested.
C. In accordance with OMB Circular A-128, the CITY is required to arrange for audit of
funds expended.
VII.
TERMINATION
A. If it is considered in its best interests, WSF may terminate this Agreement upon
giving ten (10) business days notice in writing to the CITY. If this Agreement is so
terminated prior to fulfillment of the terms stated herein, the CITY shall be
reimbursed only for actual expenses and non-rescindable obligations, both direct and
indirect, incurred to the date of termination.
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VIII.
LEGAL RELATIONS
A. The CITY shall comply with all Federal, State, and Local laws and ordinances
applicable to the work to be done under this Agreement.
B. Each party to this Agreement shall be responsible for damage to persons or property
resulting from the negligence of the party itself, its employees, its agents, or its
officers. Neither party assumes any responsibility to the other party for the
consequences of any act or omission of any person, film, or corporation not a party to
this Agreement.
IX.
TRAVEL
A. Any out-of-state travel must have prior written approval of WSF to be eligible for
reimbursement. Current State of Washington travel regulations and rates shall apply
to all in-state travel for which reimbursement is claimed during the term of this
Agreement.
X.
LIABILITY
A. No liability shall attach to WSF or the CITY by reason of entering into this
Agreement except as expressly provided herein.
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XI.
INDEPENDENT CONTRACTOR
A. The CITY shall be deemed an independent contractor for all purposes and the
employees of CITY or any of its contractors, subcontractors, and the employees
thereof, shall not in any manner be deemed to be employees of WSF.
XII.
EQUAL EMPLOYMENT OPPORTUNITY
A. The CITY agrees to abide by all Washington State and Federal regulations with
respect to employment. This includes, but is not limited to equal opportunity
employment, nondiscrimination assurances, project record keeping, audits,
inspection, and retention of records and will adhere to all of the nondiscriminatiorr-
provisions set forth in Article XIV herein.
XIII.
SEVERABILITY
A. If any covenant or provision in this Agreement shall be adjudged void, such
adjudication shall not affect the validity, obligation, or perfoiiiiance of any other
covenant or provision which in itself is valid, if such remainder would continue to
confoiiu to the terms and requirements of applicable law and the intent of this
Agreement.
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XIV.
CIVIL RIGHTS ACT OF 1964
A. During the performance of this Agreement, the CITY, for itself, its assignees, and
successors in interest agrees as follows:
1. Compliance with Regulations. The CITY will comply with the regulation of
the Department of Transportation relative to nondiscrimination in federally
assisted programs of the Department of Transportation Title 49, Code of
Federal Regulations, Part 21, hereinafter referred and made part of this
Agreement.
2. Nondiscrimination. The CITY, with regard to the work performed by it after
award and prior to completion of the contract work, will not discriminate on
the grounds of race, color, or national origin in the selection and retention of
subcontractors, including procurements of materials and leases of equipment.
The CITY will not participate either directly or indirectly in the
discrimination prohibited by section 8.4 of the Regulations, including
employment practices when the contract covers a program set forth in
Appendix A-11.
3. Solicitations for Subcontracts, Including Procurements of Materials and
Equipment. In all solicitations either by competitive bidding or negotiation
made by the CITY for work to be performed under a subcontract, including
procurements of material or equipment, each potential subcontractor or
supplier shall be notified by the CITY of the CITY's obligations under this
contract and the Regulations relative to nondiscrimination on the grounds of
race, color, or national origin.
4. Information and Reports. The CITY will provide all information and reports
required by the Regulations, or orders and instructions issued pursuant thereto,
and will permit access to its books, records, accounts, other sources of
information and its facilities as may be determined by WSF or the Federal
Highway Administration to be pertinent to ascertain compliance with such
regulations, orders, and instructions. Where any information required of the
CITY is in the exclusive possession of another who fails or refuses to furnish
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....-......._...._...__
this infoiiiiation, the CITY shall so certify to WSF, or the Federal Highway
Administration as appropriate, and shall set forth what efforts it has made to
obtain the information.
5. Sanctions for Noncompliance. In the event of the CITY's noncompliance
with the nondiscrimination provisions of this Agreement, WSF shall impose
such contract sanctions as it or the Federal Highway Administration may
determine to be appropriate, including but not limited to:
a. Withholding of payment to the CITY under the Agreement until the
CITY complies, and/or
b. Cancellation, termination, or suspension of the contract in whole or in
part.
6. Incorporation of Provisions. The CITY will include pravisionparagraphs
(1) through (6) in every subcontract, including procurements of materials and
leases of equipment, unless exempt by the Regulations, order, or instructions
issued pursuant hereto. The CITY will take such action with respect to any
subcontract or procurements as WSF or the Federal Highway Administration
may direct as a means of enforcing such provisions including sanctions for
noncompliance; Provided, however, that in the event the CITY becomes
involved in, or is threatened with litigation with a subcontractor or supplier as
a result of such direction, the CITY may request WSF to enter into such
litigation to protect the interest of the United States.
XV.
GOVERNING LAW
A. This Agreement shall be deemed to be made in the County of Thurston, State of
Washington, and the legal rights and obligations of WSF and the CITY shall be
determined in accordance with the laws of the State of Washington. All legal actions
in connection with this Agreement shall be brought in the County of Thurston, State
of.Washington.
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XVI.
ENTIRE AGREEMENT—AMENDMENTS
A. This Agreement constitutes the entire agreement between the parties relative to the
subject matter herein. There are no terms, obligations, covenants or conditions other
than those contained or referenced herein. No modification or amendment of this
Agreement shall be valid and effective unless evidenced by an agreement in writing.
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IN WITNESS WHEREOF, the parties hereto, by their duly authorized
representatives, have executed this Agreement as of the day and year first written above.
WASHINGTON STATE FERRIES
Washington State Department of Transportation
By: V"' PIA4cti
W. Michael Anderson
Executive Director
CITY OF ANACORTES
By: !V. kests. 74111/al
Dean Maxwell
Mayor
Federal Tax ID No.: 91-6001227
Approved for Washington State Ferries:
By: J k'Sicat-h)
Timothy P. McGuiga
Director of Legal Services & Contracts
Date: 3 tsla 7
Approved for the City of Anacortes:
By:
Ian Munce
City Attorney
Date: 3 Z 7 O7
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EXHIBIT A
ANACORTES TRANSPORTATION PLANNING
AGREEMENT NO. GCA 5176
SCOPE OF WORK
The City of Anacortes shall compose the transportation element of the Anacortes
Comprehensive Plan (Project). The deliverables for the Project shall include the following:
1. A preliminary analysis of the traffic modeling data provided by the Skagit Council of
Governments and to be used in the Project;
2. A review draft of the transportation element of the Anacortes Comprehensive Plan;
and
3. The final transportation element of the Anacortes Comprehensive Plan.
G:\MC\FY07\INTA\ 3/5/07
ANACORTES PLANNING AGMT\001 EXHIBIT A