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HomeMy WebLinkAbout91-002 - WA State Department of Transportation (WSDOT) - Turnover of Signal Systems (Klickitat, South Parkway & I-5 Ramp)AGREEMENT co-2- ColkockLAwav,k 1 I�I90 THIS AGREEMENT, made and entered into this IS day of P-er tont r , 19 ',jJ , by and between the City of Tukwila, 6200 Southcenter Boulevard, Tukwila, Washington, 98188, hereinafter called the "City" and the State of Washington, Department of Transportation, acting by and through the Secretary of the Department of Transportation, hereinafter called the "State". WHEREAS, the State currently operates and maintains the following traffic signal systems on SR -5 and SR -181 through the corporate limits of the City, and SR -5 Southcenter Parkway SR -5 Southcenter Parkway and Klickitat Drive SR -181 South 180th Street WHEREAS, it is desirable to include the existing State signals on SR -5 and SR -181 in the City's master computer control traffic signal network to improve traffic flow. The signal locations are as shown in Exhibit "A" plan. and by this reference made a part of this agreement, and WHEREAS, the City has the expertise and funding available to design, install, and maintain traffic control facilities within the City corporate limits, and NOW, THEREFORE, it is mutually agreed as follows: I Upon completion of this agreement, the State shall transfer ownership, maintenance, and operational responsibilities to the City for the 'traffic signals and their appurtenances. GM 1249 The City agrees to accept said traffic signal facilities and to relieve the State from all responsibilities in the operation, maintenance, and reconstruction of these features in accordance with this agreement. II All costs associated with the City's project shall be borne by the City at no cost to the State. All future costs for operation and maintenance of this system shall be born by the City at no cost to the State. These costs shall include but are not limited to, replacement of equipment, electrical power service and power usage, general maintenance and illumination adjustments. III The City shall arrange with the State's District Traffic Engineer to return the existing State controllers and cabinets into the State's stores inventory. IV Traffic signal timing sequences for the• signals shown on Exhibit "A" will be mutually agreed upon by the City and State. At any time that both parties are not agreed, a pattern shall be selected which maintains the integrity of freeway operations as opposed to the local arterial. Should the freeway operation be compromised, the State may terminate this agreement with sixty (60) days'advance written notice. - 2 - GM 124 V The State, upon execution of this agreement, grants to the City and/or its contractors the right of access to the limited access right-of-way to rebuild the traffic signals. This right of access shall further grant the City permission to use State right-of-way for the purposes of operating and maintaining the newly constructed traffic signals. VI The City will protect, save, and hold harmless the State, and their officers, agents and employees, from all claims, actions, costs, damages or expenses of any nature whatsoever by reason of the acts or omissions of the City, their assigns, agents, contractors, licensees, invitees, employees or any person whomsoever arising out of or in connection with any acts or activities authorized by this agreement. The City further agrees to defend the State and their authorized agents and employees in any litigation, including payment of any costs or attorney fees for any claims or action commenced thereon arising out of or in connection with the acts for activities authorized by this agreement. This obligation shall not include such claims, costs, damages, or expenses which may be caused by the sole negligence of the State or their authorized agents and employees: PROVIDED, further, that if the claims or damages are -caused by or result from the concurrent negligence of (a) State and their agents or employees and (b) the City, its agents or employees, this indemnity - 3 - GM 1249 provision shall be valid and enforceable only to the concurrent negligence. No liability shall of entering into herein. IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day and year first above written. extent of its attach to the State or the City by reason this agreement except as expressly provided Attest: Approved as to Form: By: / S. , 19 PD Assistant Attor ey Genera BA/nv b3gm1249 - 4 - STATE OF WASHINGTON DEPARTMENT OF TRANSPORTATION CHIEF MAINTENANCE ENGR. GM 1249 Sr s IIINO ST (i • ,5•0"i 4 5,4••• OS -4, r- • I 170^ 'ST A win sl 5 innn .... . 75i,. ST ST Teo. MTH SI SE I 0 51 - SE 555.5 P5 SI ST • 1.X121 L.. 1111,11 • IJNIK11— St 1541.1 St IMI“ 2 11,1Cd,FI. SI ST 17.7- .:> A BOEING AEROSPACE CfNITR Loca-A614 4 71a024 4-0 C:4) EXHIBIT "X' C / 7 7 9 —rra st_p4;_e -athi-e/ac./ 1 "r1-4J-4t)L GM 1_249 . . .