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03-024.00 WSDOT: Pines & Trent Roadway MaintenanceSpokr Valley Agreement Contrb-c No. C63-24 Approved: p'tcvu,l.. gAct>3 MASTER AGREEMENT FOR ROADWAY MAINTENANCE GM - 01399 STATE MAINTENANCE OF CITY OF SPOKANE VALLEY OWNED ROADWAY ON STATE ROUTE 27 (PINES) AND STATE ROUTE 290 (TRENT) This AGREEMENT made and entered into this �9A day of % /0"ll , 2003 is by and between the STATE OF WASHINGTON, Department of Transportation, acting through the Secretary of Transportation, hereinafter called the "STATE", and the Cit} of Spokane Valley, Spokane County, Washington hereinafter called the "LOCAL AGENCY"; acting through the Interim Public Works Director of the LOCAL AGENCY, hereinafter called the "CHIEF EXECUTIVE" WHEREAS, the LOCAi.. AGENCY owns certain Roadways including SR -27 and SR -290 within the corporate limits of the City as a result of Incorporation within Spokane County, and the LOCAL AGENCY must assttme certain maintenance and operational responsibilities by virtue of RCW 47.24.0 10 and RCW 47.24.020, and 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 certain Roadways to the extent set forth in this AGREEMENT, and to establish, in writing, each party's responsibility. NOW THEREFORE, by virtue of RCW 47.23.140 and in consideration of the terms, conditions, covenants, and performance contained herein or attached and made part of IT IS MUTUALLY AGREED AS FOLLOWS: Gi:NERAL The STATE agrees to perforin certain roadway maintenance acid operation activities for the LOCAL AGENCY at the expense of the LOCAL AGENCY as outlined in Exhibit "A" Estimate of Cost attached hereto and by this reference made part of this AGREEMENT. GM 01399 An� CO3-24 The LOCAL, AGENCY and STATE will meet as necessary / a minimum annually to review coordination issues, system changes, and maintenance and operations issues for the LOCAL AGENCY owned roadways. The LOCAL AGENCY retains ownership of said roadways. As such, the SPATE will coordinate review of modifications 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 fi-om storm damage, third party damage, or other reasons, the STA'L'E 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 roadway is restored to it's previous fiinctional state. II STATE RESPONSIBILITY As to the Roadways identified in Exhibit "A," the STATE shall be responsible to perform the following tasks: A. Original paving plans and all revisions thereto, as determined by the STATE, shall be reviewed by the LOCAL, AGENCY'S Public Works Director before the plan and/or any revisions are implemented. As defined in RCVS' 4724, the STATE shall continue to pave SR -27 and S.R-290. B. Provide routine maintenance and operation which shall involve the performance of the following activities: Sweeping Pavement and dust control measures. Cleaning Catch .Basins and Drains. Litter Pick Up and Noxious Weed Control. 4. Snow Plowing, Sanding, and Liquid Chemical Deicing. Winter Sand Cleanup, Including Cleaning Sidewalks. 6. Painting Crosswalks, Stop Bars, and Striping. Sign .Maintenance. Gvt 0099 C. Emergency Maintenance 1. The STATE agrees to perform emergency maintenance on SR -27 or SR -290 roadway components at LOCAL: AGEi\'CY expense if the damage was caused by 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 D. Replacement or repair caused by accidents, vandalism, adverse weather or unanticipated forces or actions. The STATE agrees to perform replacement or repair of the SR -27 or SR -290 roadway components at LOCAL AGENCY expense if the damage was caused by accidents, vandalism, adverse weather or unanticipated forces or actions. The SC'AL'E 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. E. Standards Work to be performed by the STATE will be consistent with cun-ent STATE practices concerning the operation and maintenance standards consistent with M 50101 Maintenance Manual. III LOCAL AGENCY RESPONSIBILITY The LOCAL AGENCY'S responsibilities regarding the designated roadway identified in Exhibit "A" shall include providing maintenance, operation, repair and replacement activities that are not covered in Section iT, State Responsibility. 1V PAYATENT AND ASSOCIATED COSI' The estimated cost of routine maintenance and operation in (the current year) is as detailed in Exhibit "A" attached hereto and by reference made part of this AGREEMENT. The LOCAL AGENCY GM 01399 aggees to set aside Funds for payment to the STATE-- for such work in this amount- it is anticipated that actual costs w 111 rise in -,ubsequent years as materials, wages and other costs increase - The LOCAL AGENCY Firrrher agrees to reimburse the STATE for the actual direct and reIated I ndirect costs of work covered by this AGREEMENT includinb additional work- for emcrgejicy maintenance and additional work performed at the request ofthc LOCAL AGENCY. Payments shall be rnWe upon presentation oFpro gress billings by the STATE, and within thirty (3 0) days after the LOCM, AGE[ CY has rect-1ved each billing - The LOCAL AGENCY agrees that 1fpayment for the work is not juade within forty-five (45) days ager the LOCAL AGENCY has been billed For the work, the STATE may withhold any monies which the LOCAL AGE N Y is entitled to receive from the Motor ViAiicle Pmd and app Iy the w1thlleld monies to the amount billed by the STATE witil satisfied. During the progress o f any and all work assigned to the STATE, and for a period of not less than three years frons the date o f paymennt to the STATE for that %,vork the records and accounts pertaining to said work and accounting thereoFare to be kept available for inspection and audit by the LOCAL AGENC - Copies oFa]1 records, accoUnts, documents, or other data pertaining to the project %vill be furnished upon request to the LOCAL AGENCY- If GENC - if any litigation, claim, or audit is commenced, the records and accounts a]ong with supporting documentation shall be retained until ail litigation, cIaini 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 deterrn1ned tliat an overpayment has been made to the STATE by the LOCAL AGENCY, the LOCAL AGENCY w i ll bill the STA11 for the amixtrit of overpayment. RIGHT OF ENTRY The LOC AL AGENCY grants the STATE access to LOCAL AGENCY right ofway far the purpose of performing operation, maintenance, repair or replacement of the roadway elements along the ro adwiys deni hated 1.11 Exhibit " A" and any systems that are added to this highway in the duration of this AGREEMENT - 4 GIVI 01399 VI TERM OF AGREEMENT The term of this AGREEINIENT 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 I 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 STATE or the LOCAL AGENCY may terminate this AGREEMENT for any reason with written notice to the other party at the end oFa sixty (60) calendar days following receipt of notice. Termination of this AGREEMENT shall constitute termination of all associated roadway assignment documents as well. Upon such notice, the STATE shall have no further responsibility of any kind or nature regarding the LOCAL. AGENCY'S roadways, including any features that were added to this AGREEMENT by amendment. VII LEGAL RELATIONS Each of the PARTIES to this AGREEMENT shall protect, defend, indemnify, and save harmless to the other PARTY, it 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 is caused by the sole negligence of the other PARTY. Where such claims, suits, or sections result from concurrent negligence of the PARTIES, the 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, an&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 PARTIES' culpability. This indemnification shall survive the termination of this AGREEMENIT. GIv101399 In the event that any party deems it necessary to instituute legal action or proceedings to enforce any right or obligation undr this AGREEMENT, the PARTIES hereto agree that any such action or proceedings shall be brouught in a coourt 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 AGREENIENT 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 ofR.isk Management For processing pursuant to RCW 4.92.100, IN WUNESS WHEREOF, the parties hereto have executed the AGREVVIENT as of this day and year first above written. Approved As To norm: sistant Atto pey Gen al Date: 0 3 STATE OF WAS14ING T ON DEPARTMENT OF TRANSPORTATION Approved As To Form: C .AG:1r `Y` ttorney Da CITY OF SPOKANE VALLEY (OF SPOKANE CO.) J --A By:By: /1 / ?'Z� Assista t Region dministrator for Operations CITY l.nterim City Manager (late:11171'If 1,6 Date: 6 GM 01399 EXHIBIT "A" Estimated Annual Routine Maintenance Cost are estimated as follows. SR 27 -PINES Sweeping Pavement 2,500 Cleaning Catch Basins/Drains 2,500 Litter Pick Up 500 Noxious Weed Control 500 Snow Plowing, Sanding, Liquid Chemical Deicing 60,000 Winter Sand Cleanup, Includes Cleaning Sidewalks 17,000 Painting Crosswalks; Stop Bars 6,000 Striping 10,000 Sign Maintenance 4,000 Total $103,000 SR 290 -TRENT Sweeping Pavement 2,500 Cleaning Catch Basins/Drains 2,500 Litter Pick Up 2,500 Dead Animal Disposal (deer, moose) 2,500 Snow Plowing, Sanding, Liquid Chemical Deicing 50,000 Winter Sand Cleanup, hicludes Cleaning Sidewalks 15,000 Sign Maintenance 4,000 Painting Crosswalks; Stop Bars 5,000 Striping 20,000 Total $104,000 Estimated Grand Total $207,000 7 GM 01399 *City of Spokane Valley March 26, 2003 Ted Trepanier, Regional Traffic Engineer Washington State Department of Transportation Eastern Region 2714 Forth Mayfair Street Spokane, WA 99207-2090 Re: Agreement GM 1399 — Roadway Maintenance Agreement GM 1398 — Signal and Illumination Maintenance Tear Mr. Trepanier: Enclosed please find two copies of each of the above agreements signed by the City Manager as authorized by the City Council at its March 20, 2003 meeting. Please -return the fully executed copies of these agreements to my attention. Thank you for your assistance. Sincerely, Ruth Muller Interim City Clerk Enc. 1.1.707 F. Sprague • Suite 106 • Spokane Valley, Wa. - 99206 • (509) 921-1000 - Fax (509) 921-1008 March 17, 2003 RECEIVED City of Spokane Valley MAR 17 2003 Redwood Plaza 11707 E. Sprague Avenue; #106 City of Spokane Valle Spokane Valley, SVA 99206 y Dear Sirs: Enclosed are two agreements we have prepared for signature. Please have your city official sign and return both copies to us at the above address. Upon receiving both copies, and after our administrator signs, we will return one copy to you. Thank you. Sincerely, Ted Trepanier Regional Traffic Engineer TT:lb Enclosures Adnk Washington State Eastom Region �e Department of Transportation 2714 N. Mayfair Street Douglas B. MacDonald Spokane, WA 99207-2090 Secretary of Transportation 509-324-6000 Fax 509-324-6005 TTY_ 1-600-833-6388 vnvw.wsdotma.gov March 17, 2003 RECEIVED City of Spokane Valley MAR 17 2003 Redwood Plaza 11707 E. Sprague Avenue; #106 City of Spokane Valle Spokane Valley, SVA 99206 y Dear Sirs: Enclosed are two agreements we have prepared for signature. Please have your city official sign and return both copies to us at the above address. Upon receiving both copies, and after our administrator signs, we will return one copy to you. Thank you. Sincerely, Ted Trepanier Regional Traffic Engineer TT:lb Enclosures Washington State ANIk MDepartment of Transportation March 12, 2003 TO: J.B. Chatterton/L...1. McDonnell Eastern Region Utilities FROM: A.R. Veaeh, HQ Agreements (360) 705-7235 MS: 47329 Memorandum Subject: CS 3230, 3234 SR 27, 290 City of Spokane Valley SR 27 and SR 290 within Corporate Limits of City of Spokane Valley Agreement GM 1399 The above noted agreement has been reviewed by Headquarters and approved as to form by the Attorney General. The agreement is now ready for approval on behalf of the City of Spokane Valley and Regional Administrator. Any alterations to the agreement will require a fiirther review and approval as to form through Headquarters. Please return the State original and one copy to Headquarters Agreement Section for final processing. ary Attachment DOT Form 700-00E EF Rcwiml 5X39