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03-025.00 WSDOT: Pines & Trent Signal MaintenanceNo. co3 as NIASTER AGREEI\l_EN'I' AOR SIGNAL AND ILLUIN11-NATION MAINTENANCE GAI - 01398 STATE 1\ 9tttt\*1'ENANCE OF CITY OF SPOKANE. VAI:,l:.EY OWNED TRAFFIC SIGNALS AND ILLUNIENA14ON ON STATE ROUTE 27 (PIN 1;$) AND STATE ROUTE 290 (`.RENT) This AGRF...ENIENT made raid entered ult:o this L &YT day of 1 111r`X , 2003 is by and between the STATE OF WASHINGTON, Department of Transportation, acting through the Secretary of Transportation, hereinafter called the "S'T'ATE", and the Cit,, of Spokane Valley, Spoka-iie County, Washington hereinafter called the "LOCAL AGENCY"; acting through the Interim Public. VA'orks Director of the LOCAL AGENCY, hereinafter called the "CHIEF EXECUT1V " W-HEREAS, the LOCAL AGENCY owns certain traffic signals and illumination, and WHEREAS* it would be to the mutual benefit of the S'1'A`IT and the LOCAL AGENCY for the STATE to perform the operation and maintenance of certain traffic signal systems and illumination systems to the extent set forth in this Agreement, and to establish, in writing, each party's responsibility. NOW THEREFORE, by virtue of RCW 47.23.140 and in consideration of the terms, conditions, covenants, and performance contained lierein or attached and made part oC IT 1S NIUTUALLY AGREED AS FOLLOWS: GL+".NERAL The STATE agrees to perform certain activities regarding the maintenance and operation of the designated traffic signal systems and illuminations systems owned by the LOCAL AGENCY as identified in Exhibit "A" attached hereto and by this reference made part of thus Agreement. The LOCAL AGENCY and STATE,will meet as necessary / a minu»um annually to review coordination issues, system changes, and maintenance and operations issues for the LOCAL AGENCY owned traffic sicnal and illumination systems. The LOCAL. AGENCY retains ownership of said traffic and illumination systems. As such, the STATE will coordinate review of modifications with the Gi4 - 01398 CO3-25 LOCAL ACENC'Y prior to irriplemcrltatioii. The exception is where extTaoI.diIll ary circumstances raytLire the STATV Lo taste iirtirlediatr-, remedial action, Ill the cvi�C a condition, exists resulting frons storm damage, third party damage, or oEher reasons, the STATE may of their own volition, renlove any obvious and IrnrnediaLe traffic ha/ards before Ill o[ibcat ion to the LD C AL AGENCY, The S:.I'A'I"C is responsible for iinplenle-mins and maintai nin necessary traIli c control from the point at w1iie1 the. condition is identified until the traffic sinal system o iIIaminatiatl system is restored to it's pt-ev1oil S fil[ICtI011aI state. II :rA'Y'i' RESPONSIBILVVY As to the traffic signal systems and i I I u nlLinat.ion systems identi Fled In Exhibit "A." the STAI".E. shall 1)e responsible to perform the following tasks, A. Original. si,g Zai phasing and timing plans and all revisions thereto, as dete-nliiIll ed by the STATE, shall be rev ie,xed by the L0 C AL AGENCY'S Public Works Director he Fore d1c plan and/or any revisions are inlplellieItted. B. Provide routine maintellail c� and operation which shall involve the pel- Comitmce of -the foIIGwitl01 dCti �+i ties. Day to day obsci-vation of signal tiniMg, to Include coo rdinatiotl rltld adjLPStill ("r1L5. 2, RiemovaI and replacement offailed component {i.e. load switches; loop 811111}11fiel-s, conflict nlonitors, etc.) components inside the control cabinet- These components, installed by the STATE shaII be replaced 1-vith:I:0CAfE AG ENCY owned component or purchase, a new component frons the STATE. Replacing Signa) Iamps that buns out. 4. An rlual signal head cIeaninLr and re -Tamping. Mai lical nIng all associated intercotulecis. Mal iita1111n, accurate maintcnarlce records, as to the tune and materials used in cornpleLIrig the various tasks for each location. Routine preventative maintenail ce to l.be exten i consistent with the S TATIF'S CU1'retit pi-eve'rl141,V0 1Tlaillienance standards. The S TATO I re-sponslble for 111ai11te11a11Cf, of X,()CAI. A GENCY owned itltersecticn illumination. Gm - 01198 C. Emergency Maintenance 1. The STATE agrees to perform emergency maintenance on said traffic signal systems and illumination systems at LOCAL AGENCY expense. Emergency maintenance includes repair or replacement of traffic signal systems or components and the necessary traffic control for STATE) workers to perforin the work. The S'I'A`I'h shall notify the LOCAL AC,I±,NC)' within 24 hours of the emergency work as to any relevant information the S'L'r1'1'f: 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 oFthe traffic signal system components and illumination system components at LOCAL AGENCY expense if the damage was caused by accidents, vandalism, adverse weather or unanticipated forces or actions. The STATE shall notify the :.00AL AGENCY within 24 hours of the replacement or repair work as to any relevant infon-iation the STATE may possess if the damage was caused by , -:1 third party. Subject to the exceptions set forth in paragraph C (1) an([ D (1) above, the STATE) is specifically excluded from performing work to paint, repair or replace signal system and illumination system components except when the LOCAL AGENCY requests the STATE to perforin the work at LOCAL AGENCY expense. In that event, the parties will enter into a Signal Assignment: ror Repair Or :Replacement, as shown in Exhibit "D" attached hereto and by this reference wade a part of this Agreement. E. Standards Work. to be performed by the STATE will be consistent -';pith current STATE practices concerning the operation and maintenance of traffic signal systems as set forth as follows: a) Components employed in traffic signal systems, :Intelligent Transportation Systems (iTS) or any other electrical installation will conform to requirements of WAC 296-46A-104 Traffic management systems. b) Work will be performed in accordance with section 2500, 2600 and 2700 (if illumination maintenance is included in the Agreement) of the current Gift - 01398 Time Standards N anual N154-05 for maintenance procedures for traffic signals, highway lighting and iTS equipment. c) Work performed on these signal systems will be documented in Signal Maintenance Management records TII LOCM: AGENCY RESPONSIBILITY The LOCAL AGENCY'S responsibilities regarding the designated traffic signal systems and illumination systems identified in Exhibit "A" shall include the following: A. Provide maintenance, operation, repair and replacement activities that are not covered in Section 11, State Responsibility of this Agreement. .B. The LOCAL AC,ENCY is responsible for payment of operational power costs associated with all signals and illumination. C. Request that STA11, to perform repair or replacement work of the illumination and signal systems by using the Signal Assignment For Repair form as shown in :Lxhibit ".D." IV SiGNAi.. AND iLLUMINATION ASSIGiNAII[ENT OR DEi..ETION This Ag -eement may be amended to add or delete LOCAL AGENCY traffic signal or illumination 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 systems) precise location. 1 -he effective date of coverage or deletion shall be defined in the Signal andIllumination Assigiunent or Deletion document. The Signal Assignment or Deletion form shall be sighed on behalf of the STATE by the Regional Administrator or his designee. The LOCAL AGENCY 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 STATE. GM -01398 A signal may be deleted from this Agreement at the sole discretion of the STATE upon 30 days written notice to the LOCAL AGENCY. 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 LOCAL AGENCY agrees to set aside funds for payment to the STATE for such work in this amount. Tt is anticipated that actual costs will rise in subsequent years as materials, wages and other costs increase. The LOCAL. AGENCY further agrees to reimburse the STATE 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 L.00AI:. AGENCY. Payrnents shall be made upon presentation of progress billings by the STATE, and within thirty (30) days after the LOCAT., 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. 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. ff 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 LOCAL AGENCY will bill the STATE for the amount of overpayment. Get - 01395 VI RIGHT OF ENTRY The .LOCAL AGENCY grants the STATE access to L 0CAL AGENCY right of way for the purpose of performing operation, maintenance, repair or replacement of the signal and illumination systems designated in Exhibit "A" and any systems that are added to this Agreement by way of the Signal and Illumination Assignment document Exhibit "C." VII TERIM OF AGREEMENT The term of this AGRL+"+"EMEN1.' 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 autornatically 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 noti fy the other of such termination on or before November I of any such year shall cause this Agreement to automatically be renewed for the next ensuing calendar year. Either the STATIC or the LOCAL AGENCY may terminate this AGRE&MN;NT for any reason with written notice to the other party at the end of a sixty (60) calendar days following receipt of notice. Tennination ofthis Agreement shall constitute termination ofall associated signal assignment documents as well. Upon such notice, the STATE shall have no further responsibility of any kind or nature regarding the .:OCAi., AGENCY'S traffic signals and illuuination systems, including any systems that were added to this Agreement by amendment. V 111 LE��GAL 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 PAR`1.'V will be required to indemnify, deffend, 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 indemnity provisions provided herein shall be valid and enforceable only to the extent of the PARTY'S own negligence. GM - 01398 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 *PA-R'!'Y or combination of the PAR' -['.IES to the extent of that PARTY'S/those PARTIES' culpability. This uidernnification shall survive the termination of this AGREEMENT. In the event that any party deems it necessary to instituute legal action or proceedings to enforce an), tight or obligation undr this AGREEMENT, the PAR 111.1?,S hereto agree that any such action or proceedings shall be brouught in a coourt of competent jurisdiction situated in Spokane County, Washington. All claims brought which arise out of, in con -rection 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 A(:IZE'EIVIE-N'I' as of this day and year first above written. STATE OF WASHINGTON CITY OF SPOKANE VALLEY Dl?,PARTM.Ii,NT OF TRANS O NATION (OF SPOKANE CO.) r By:— �/ 13y: REGION Maintenance Engineer CITY Interim ager 7 GIM - 01398 F-XFITBIT "A' A List Of Traffic Signals and Roadway Illumination That The STATE. Will Be Maintaining and Operating for the LOCAL AGENCY. SIGNAL LOCATIONS 290@PARK 310WATT 1 11 290@VISTA 310WATT 1 4 290@ARGONNE 310WATT 1 10 290@PINES 310WATT 1 5 290@EVERGREEN 310WATT 1 2 27@MISSION 310WATT 1 6 27@BROADWAY 310+WATT 1 8 27@SPRAGUE 310WATT 1 16 27@16TH 310WATT 1 7 27@32ND 310WATT 1 7 ;TOTALS 9 10 76 ILLUMINATION LOCA'TION'S FMQ--BASTI LRD KI INAI'RES 290@DICKEY 250 WATT 4 290noDOLLAR 250 WATT 3 290(aBRADLEY 250 WATT 5 290 a COLEMAN 250 WATT 3 290@LILY 250 WATT 3 290(@BOWMAN 250 WATT 4 290 a().CENTER 250 WATT 3 290ftELLA 250 WATT 3 290@DICK 250 WATT 3 290@BESSIE 250 WATT 3 2900SARGENT 250 WATT 4 290(a) -DALE 250 WATT 2 290@MAPLE 250 WATT 9 290PBOEING 250 WATT 3 290(a?FOWLER 250 WATT 3 2906BUTLER 250 WATT 3 290 a WILLIAMS 250 WATT 3 290(c)LOCKWOOD 250 WATT 3 290(a)STEGNER 250 WATT 3 290 PIT 250 WATT 3 290(oWOODLAWN 250 WATT 3 290(a MCDONALD 250 WATT 3 290(CDBEST 250 WATT 6 290(o)ADAMS 250 WATT 3 290ftBURNS 250 WATT 3 290 EAST OF PINES 250 WATT 7 290 a,PROGRESS 250 WATT 3 290 aaSULLIVAN 310WATT 10 8 GM - 01395 290@FLORA 310WATT 4 290@MONTE DEL RAY 310WATT 3 290, BARKER 310WATT 6 290 WELLESLY 310WATT 2 27 NEAR RR TRACKS 310WATT 2 27@ 24th and 28th 310WATT 8 Modern Electric Maintained 200 WATT 27(a)MAXWELL 200 WATT 1 27@CATALDO 200 WATT 1 27(a)VALLEYWAY 200 WATT 1 27 a 3RD 200 WATT 1 27 7TH 200 WATT 1 27 11TH 200 WATT 1 27 SINTO 200 WATT 1 27@N 700 200 WATT 1 27@N 302 200 WATT 1 27 4TH 200 WATT 1 27 8TH 200 WATT 1 27 12TH 200 WATT 1 27(a)BOONE 200 WATT 1 27 ALKI 200 WATT 1 27 1ST 200 WATT 1 27@S 421 200 WATT 1 27 9TH 200 WATT 1 27 13TH 200 WATT 1 27(a7DESMET 200 WATT 1 270OLIVE 200 WATT 1 27 2ND 200 WATT 1 27 6TH 200 WATT 1 27 10TH 200 WATT 1 Avista Maintained 27(bMansfield 100 WATT 2 ZZO.Marietta 100 VVATT 1 27(a�Buckeve 100 WATT 1 27(a_)Grace 100 WATT 1 27@North 3204 100 WATT 1 27@North 3322 100 WATT 1 {TOT LAS 9 Gita - 01398 E.X14 BIT "B" Estimated Annual Routine Maintenance Cost There are 163 luminaires on SR290 and SR27 Annual Estimated Preventative Maintenance Cost - $9,044 Annual Estimated Emergency Maintenance Cost - $9,310 Total - $18,354 Average Annual cost $112,60 per luminaire. There are 10 Signals with 76 luminaires attached on SR290 and SR27 Annual Estimated Preventative Nlaintenance Cost. - S 18,538 Annual Estimated -Emergency Maintenance Cost - $5,320 Annual Estimated Signal Operations (timing) Cost - S9,698 Total - $36,556 Average Annual cost $3,655.60 per signal with luminaires attached. There is 1 Flasher with I luminaire attached on SR290 at University Annual Estimated Preventative iblaintenance Cost - $251 Annual Estimated Emergency Maintenance Cost - $370 Total - $621 Estimated Grand Total for Signal and Illumination Costs - $55,531 Estimate doesn't include power cost which ,vill be billed directly to the Local Agency. 10 GM - 01398 EXHIBIT "C" SIGNAL: AND IL.L.U-MINATION ASSIGNMENT ]MAINTENANCE (I--I:ST) DOCUMENT This list is of signals assigned to S,I.'AT.E for maintemmee by the LOCAL AGENCY Assignment N.1aintenance (Hist) Document GNI - 01395 Traffic Signal and Illumination assignment ],or Repair or Replacement Document This Signal and Mumimtion Assignment for Repair or Replacement, made and entered into this Pa 4k clay of 20x3 by and between the STA17E OF WASHiNGTON, Department of Transportation, acting through the Secretary of Transportation, by virtue of Title 47 RCW, hereinafter designated as the "STATE", and the City of Spokane Valley, Spokane County, 1Vashington hereinafter called the "LOCAL AGENC-Y". NVHERCAS, Master Agreement number GA -1398, entered into between the STATE and the LOCAL AGENCY is incorporated and by this reference, made a part of this Signal and Illumination Assignment for Repair or Replacement as if hilly set forth herein. NOW T IEREFORE, it is mutually agreed that the following work is to be performed by the STATE at LOCA.I.: AGENCY expense: 1. :Description and Location of Existing :Facility: 2. Description of Work: 3. Cost(labor and materials): 4. the effective date to start this Signal and Illumination Assignment for Repair or Replacement is IN W141'UNESS VNIHERE OF, the parties hereto have executed this Signal and Illumination Assignment for.Repair or Replacement as of the day and year first above written. STATE OF WASI=I_ NGTON CITY OF SPOKANE VAL11f.tY DEPARTrViI±,NT OF `I'I ASPORTATION (OF SPOKANE CO.) By: By: REGION Maintenance Engineer CITY Interim. .010-'7141 12 Cit4 - 01395