HomeMy WebLinkAboutR-2005-057 Washington State Department of Transportation Agreement (DOT)RESOLUTION NO. R-2005- 57
A RESOLUTION authorizing the City Manager of the City of Yakima, or his designee,
to execute an Agreement for Signal Maintenance to enable the State
of Washington to perform certain activities regarding the
maintenance and operation of the traffic signal system located at
East Nob Hill Boulevard and South 18th Street during and after the
construction of roadways and appurtenant improvements at the
interchange of Interstate 82 and State Route 24 by the State of
Washington.
WHEREAS, the City of Yakima owns a traffic signal system located at East Nob
Hill Boulevard and South 18th Street; and
WHEREAS, the State of Washington is constructing a major road improvement
project on State Route 24 east of South 18th Street which is contiguous to East Nob Hill
Boulevard, and which is estimated to take 24 months to complete with an estimated
completion date in the early spring of 2007; and
WHEREAS, it would be to the mutual benefit of the State of Washington and the
City of Yakima for the State of Washington to perform the operation and maintenance
of the traffic signal system located at East Nob Hill Boulevard and South 18th Street
during and after the construction of said road improvement project; and
WHEREAS, RCW 47.28.140 authorizes the City of Yakima and the State of
Washington to enter into a cooperative agreement for the purpose of operating and
maintaining the traffic signal system located at East Nob Hill Boulevard and South 18th
Street; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager of the City of Yakima is hereby authorized and directed to
execute an Agreement for Signal Maintenance substantially in the form attached hereto
as Exhibit "A". The Agreement for Signal Maintenance shall be approved as to form by
the City Attorney.
RESOLUTION - 1
718.119\rhg\yakima cit\sr24\resolution signal
ADOPTED BY THE CITY COUNCIL this 5th day of April, 2005.
ATTEST:
City Clerk
RESOLUTION - 2
718.119\rhg\yakima cit\sr24\resolution signal
George, Mayor
AGREEMENT FOR SIGNAL MAINTENANCE
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STATE MAINTENANCE OF LOCAL AGENCY OWNED TRAFFIC SIGNAL SYSTEM
This AGREEMENT made and entered into this `1 6kday of ,4/et ` in 2005 is
between the STATE OF WASHINGTON, Department of Transportation, (hereinafter called the
"STATE"), acting by and through the Secretary of Transportation, and the City of Yakima,
Washington; (hereinafter called the "LOCAL AGENCY"), acting through its Chief Executive
Officer.
WHEREAS, the LOCAL AGENCY owns a traffic signal system identified as,
East Nob Hill Blvd. & 18th Street
hereinafter called the "SIGNAL".
WHEREAS, the STATE is constructing a major project on State Route 24 which is contiguous to
East Nob Hill Blvd. The State Route 24 project (hereinafter called "THE PROJECT") extends
from 18th Street in the City of Yakima to the east, across the Yakima River, into Yakima County
and includes several different construction phases. THE PROJECT is estimated to last 24
months and be completed in the early Spring of 2007.
WHEREAS, it would be to the mutual benefit of the STATE and the LOCAL AGENCY for the
STATE to perform the operation and maintenance of the SIGNAL 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 IS MUTUALLY
AGREED AS FOLLOWS:
I
GENERAL
The STATE agrees to perform certain activities regarding the maintenance and operation of the
designated SIGNAL owned by the LOCAL AGENCY as identified above. The maintenance and
operation will have two phases. Phase 1 will occur during the duration of THE PROJECT.
Phase 2 will begin after the completion of the project until termination of this AGREEMENT as
described in Section VI.
During Phase 1, the STATE will assume responsibility for maintaining all items inside the
control cabinet as well as the entire video detection system. The operation of the signal,
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including the development of signal timing plans and coordination plans will be the entire
responsibility of the STATE. The LOCAL AGENCY will retain ownership of said SIGNAL
outside of the control cabinet and be responsible for routine maintenance on items such as lamps,
signal heads, and pedestrian buttons.
During Phase 2, the LOCAL AGENCY and STATE will meet as necessary to review
coordination issues, system changes, and maintenance and operations issues for the SIGNAL.
The LOCAL AGENCY retains ownership of said SIGNAL. As such, the STATE will
coordinate review of maintenance and operations (as outlined in Section II) with the LOCAL
AGENCY prior to implementation. The exception is where extraordinary circumstances require
the STATE to take immediate remedial action. In the event a condition exists resulting from
storm damage, third party damage, or other reasons, the STATE may of their own volition,
remove any obvious and immediate traffic hazards before notification to the LOCAL AGENCY.
The STATE is responsible for implementing and maintaining necessary traffic control from the
point at which the condition is identified until the SIGNAL is restored to its previous functional
state.
II
STATE RESPONSIBILITY
As to the SIGNAL, the STATE shall be responsible to perform the following tasks:
A. Provide signal operation which shall involve the performance of the following activities:
During Phase 1, the STATE will assume full responsibility for the development and
implementation of signal timings. As such, it is not necessary for the STATE to coordinate
review of modifications with the LOCAL AGENCY prior to implementation. The STATE
will make signal timings available for LOCAL AGENCY review upon their request. As part
of being a good partner, the STATE will welcome LOCAL AGENCY involvement in the
development and implementation of signal timings, however this involvement is not
necessary or required.
During Phase 2, the signal phasing and timing plans and all revisions thereto, shall be
reviewed and approved in writing by the LOCAL AGENCY'S Public Works Director or
designee before the plan and/or any revisions are implemented by the STATE. The STATE
will remain the entity that programs the controllers as the SIGNAL will be part of a
coordinated signal system that includes three STATE owned signals on the same contiguous
corridor.
B. Provide routine maintenance during Phase 1 and Phase 2 which shall involve the
performance of the following activities:
1. Removal and replacement of failed components (i.e. load switches, loop
amplifiers, conflict monitors, etc.) inside the control cabinet.
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2. Maintaining all associated interconnects between signals.
3. Maintaining accurate maintenance records, as to the time and materials used in
completing the various tasks for the SIGNAL.
4. Routine preventative maintenance of components inside the control cabinet to the
extent consistent with the STATE'S current preventative maintenance standards.
C. Emergency Maintenance:
1. The STATE agrees to perform emergency maintenance on said SIGNAL.
Emergency maintenance includes repair or replacement of the SIGNAL control
components and the necessary traffic control for STATE workers to perform the
work. The STATE shall notify the LOCAL AGENCY within 24 hours of the
emergency work as to any relevant information the STATE 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 actions:
I. The STATE agrees to perform replacement or repair of the SIGNAL control
components if the damage was caused by traffic accidents, vandalism, adverse
weather or unanticipated forces or actions. The STATE shall notify the LOCAL
AGENCY within 24 hours of the replacement or repair work as to any relevant
information the STATE may possess if the damage was caused by a third party.
All damaged traffic signal or illumination parts replaced due to traffic accidents,
vandalism, adverse weather or unanticipated forces or actions shall be returned to
the LOCAL AGENCY within five working days of the incident.
2. Subject to the exceptions set forth in paragraph C (1) and D (1) above, the STATE
is specifically excluded from performing work to paint, repair or replace SIGNAL
components except when the LOCAL AGENCY requests the STATE to perform
the work. In that event, the parties will enter into a separate letter agreement,
signed by both PARTIES, which will be attached hereto and made a part of this
AGREEMENT.
E. Standards:
1. Work to be performed by the STATE will be consistent with current STATE
practices concerning the operation and maintenance of traffic signal systems as
set forth as follows:
a. Components employed in the SIGNAL will conform to requirements of WAC
296-46A-104 Traffic Management Systems.
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b. Work will be performed in accordance with current STATE practices for traffic
signals, ITS equipment, and highway illumination. All work performed by the
STATE shall be documented in Signal Maintenance Management records.
III
LOCAL AGENCY RESPONSIBILITY
The LOCAL AGENCY'S responsibilities regarding the designated SIGNAL, shall include the
following:
1. Provide maintenance, operation, repair and replacement activities that are not
covered in Section II, STATE RESPONSIBILITY of this Agreement.
2. During Phase 2 of this AGREEMENT, the LOCAL AGENCY shall provide the
STATE with equipment to replace failed components (i.e. load switches, loop
amplifiers, conflict monitors, etc.) inside the control cabinet.
3. Request that STATE perform repair or replacement work of the SIGNAL by
separate letter to STATE.
IV
PAYMENT AND ASSOCIATED COST
During Phase 1, it is agreed that there is mutual benefit to the STATE and the LOCAL
AGENCY to have the signal system operated and maintained as described in Section II and III.
This will allow for the STATE to modify signal timings to adapt to THE PROJECT and achieve
the least amount of inconvenience to the traveling public. As a result, it is agreed that the
STATE will provide maintenance and operations as detailed in Section II and III at no cost to the
LOCAL AGENCY.
During Phase 2, the LOCAL AGENCY agrees to reimburse the STATE for the actual direct and
indirect related cost of Labor, Equipment, Materials, Per Diem and if applicable an
administrative charge, which is subject to change, as covered by this AGREEMENT including
additional work for emergency maintenance and additional work performed at the request of the
LOCAL AGENCY. Development and implementation of signal timing and coordination plans
will be done at no charge to the LOCAL AGENCY. Payments shall be made upon presentation
of progress billings by the STATE, and within thirty (30) days after the LOCAL AGENCY has
received each billing.
The LOCAL AGENCY agrees that if payment for the work is not made within forty-five (45)
days after the LOCAL AGENCY has been billed for the work, the STATE may withhold any
monies which the LOCAL AGENCY is entitled to receive from the Motor Vehicle Fund and
apply the withheld monies to the amount billed by the STATE until satisfied.
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During the progress of any and all work assigned to the STATE, and for a period of not less than
three years from the date of payment to the STATE 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 LOCAL AGENCY. Copies of all records, accounts, documents, or other data pertaining
to the project will be furnished upon request to the LOCAL AGENCY.
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 STATE by the
LOCAL AGENCY, the STATE will refund the overpayment to the LOCAL AGENCY.
V
RIGHT OF ENTRY
The LOCAL AGENCY grants the STATE access to LOCAL AGENCY Right of Way for the
purpose of performing operation, maintenance, repair or replacement of the SIGNAL.
VI
TERM OF AGREEMENT
Phase 1 of this AGREEMENT will terminate when the WSDOT construction Project Engineer
issues the letter of physical completion to the contractor who is constructing THE PROJECT.
This AGREEMENT shall remain in place until sixty (60) calendar days following receipt of
written notice by either the STATE or the LOCAL AGENCY terminating this AGREEMENT
for any reason. Termination of this Agreement shall constitute termination of all associated
signal assignment documents as well. Upon such notice, the STATE shall have no further
responsibility of any kind or nature regarding the LOCAL AGENCY'S SIGNAL.
VII
LEGAL RELATIONS
Each of the PARTIES to this AGREEMENT shall protect, defend, indemnify, and save harmless
to the other PARTY, it's 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, save harmless the other PARTY if the claim,
suit, or action for injuries, death, or damages in caused by the sole negligence of the PARTY.
Where such claims, suits, or sections result from concurrent negligence of the PARTIES, the
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indemnity provisions provided herein shall 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 extent 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 other 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 thereform, 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
PART I FS' 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, on incident to the execution of this
Agreement will be forwarded to the LOCAL AGENCY for initial processing. Any such claims
believed to be caused by the concurrent or sole negligence of the STATE 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 the AGREEMENT as of this day
and year first above written.
STATE OF WASHINGTON CITY OF YAKIMA
DEPARTMENT OF TRANSPORTATION (YAKIMA CO.)
By:
ARA Maintenance and Operations
By:
City Manager, R. A. Zais ytiI_
CITY CONTRAC r NO:',A:"Te✓ 8
RESOLUTION NO• Ai'CID.'i �� 7
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ITEM TITLE:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. /.`*
For Meeting of April 5, 2005
A resolution authorizing an Agreement with Washington State
Department of Transportation for the maintenance and operation of
signal equipment at the intersection of 18th Street and Nob Hill Blvd.
SUBMITTED BY: Chris Waarvick, Director of Public Works
Ray Paolella, City Attorney
CONTACT PERSON/TELEPHONE: Joan Davenport, Supervising Traffic Engineer/575-6005
SUMMARY EXPLANATION:
Attached is an agreement between the City of Yakima and Washington State Department of
Transportation for the maintenance and operation of the signal equipment at the
intersection of 18th Street and Nob Hill Boulevard. The agreement is for two time frames
covering the 1.) time during construction of the SR24 Project and 2.) after completion of the
SR24 Project. The signal equipment at this will be interconnected with the signals on the I-
82 Ramps and the intersection adjacent to K -Mart. The interconnection of these four
locations will decrease overall vehicle delay.
Resolution X Ordinance _ Other (Specify) Agreement
Contract Mail to (name and address): Rick Gifford WSDOT PO Box 12560 Yakima WA
98909-2560
Funding Source Street and Traffic Operations — signal maintenance
APPROVED FOR SUBMITTAL:
NI City Manager
STAFF RECOMMENDATION: Staff respectfully requests the City Council adopt the
resolution authorizing execution of an Agreement with the Washington State Department
of Transportation.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION: Resolution adopted. RESOLUTION R-2005-57
OFFICE OF THE CITY MANAGER
129 North Second Street
City Hall, Yakima, Washington 98901
Phone (509) 575-6040
July 19, 2018
Washington State Department of Transportation
c/o Secretary of Transportation, Roger Millar
P.O Box 47300
Olympia, WA 98504-7300
Re. Written Termination
Agreement for Signal Maintenance JE -5305
State Maintenance of Local Agency Owned Traffic Signal System
To Whom It May Concern:
On or about April 11, 2005, the State of Washington Department of Transportation (WSDOT)
and the City of Yakima (City) entered into an Agreement for Signal Maintenance for the traffic
signal system located at East Nob Hill Blvd. and 18th Street in Yakima, Washington.
Pursuant to the terms and conditions of that Agreement, specifically Section VI, the City is
hereby terminating the Agreement, effective sixty (60) calendar days following receipt of this
letter Such termination constitutes termination of the Agreement and all associated signal
assignment documents if any.
Effective September 30, 2018, the State will have no further responsibility of any kind or nature
regarding the signal at East Nob Hill Blvd and 18th Street and the Agreement will be terminated.
Enclosed for your reference is a copy of the Agreement. If you have any questions, please do
not hesitate to contact Sara Watkins at 509-575-6030.
Sincerely,
Ana Cortez -Steiner
Assistant City Manager
509-575-6272
ana cortez@yakimawa goy
Encl.
CITY CONTRACT NO* 2005 — 05 e m ,
^
RESOLUTION NO: - D5 0 5
cc Washington State Department of Transportation
South Central Region
2809 Rudkin Road
Yakima, WA 98903
cc Scott Schafer, Public Works Director, Via email w/o enclosure
Yakima