HomeMy WebLinkAbout91-002 - WA State Department of Transportation (WSDOT) - Turnover of Signal Systems (Klickitat, South Parkway & I-5 Ramp)AGREEMENT
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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.
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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.
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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
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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:
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Assistant Attor ey Genera
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STATE OF WASHINGTON
DEPARTMENT OF TRANSPORTATION
CHIEF MAINTENANCE ENGR.
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