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Home My WebLink AboutPW1990-0198 - Original - Department of Transportation - SR 167 & SR 516 Signal Transfers - 04/20/1990 AGREEMENT THIS AGREEMENT, made and entered into this -ZD-ne day of , 19 by and between the City of Kent, 220 Fourth Avenue South, Kent, Washington 98031, 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-167 and SR-516 through the corporate limits of the City, and SR-167 84th Ave. South S.B. Ramp SR-167 84th Ave. South N.B. Ramp & 228th Street SR-516 SR-167 S.B. and N.B. Ramp SR-516 SR-181 WHEREAS, it is desirable to include the existing State signals on SR-167 and SR-516 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: 1 GM 1236 I Upon completion of this agreement, the State shall transfer ownership, maintenance and operational responsi- bilities to the City for the traffic signals and their appurtenances. 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 The City's project to update the existing State signals into the City traffic control network shall be at City expense and at no cost to the State. 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 1236 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 3 GM 1236 indemnity provision shall be valid and enforceable only to the extent of its concurrent negligence. No liability shall attach to the State or the City by reason of entering into this agreement except as expressly provided herein. IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day and y ar first above written. Attest: CITY KENT Approved as to Form: STATE OF WASHINGTON DEPARTMENT OF TRANSPORTATION 19 eI T Vano4sr- By: Asst. Se e y For Operations Assistant-Attorney Gen ral ba2-4 APR 6IN GM 1236 4 4 s auln s1 W yyll w N a �D1ST'ST 3 ! 2 _ j _ _ ��-_y DIST d d 5 I a TA I I E 2Q1RD a € F[ J S McTH ST ; I----��-'�^ C- �StIL..• a U' N 1 1 •e�� < I W ^ e5 ? TX r�--_-. M� I 1 S pp 7 >11 K >S MTH P 6TN H •1 ! IDBW AM SPACLICIPaw� m Q l I I � < 5 a SE r ST o : i -4 I MATH e g5 S PL Q o SE Akb.ST ! 1 PL. € SE:707T S 8 sy sl > d I S 207r a SE 208TH ST a �[ 5 209TH >: mB S210TH� �. 1 1 t I J JJ� f PL`7, SE 211TH ST ! i I T! !cfW S; fl ~ ` 211M' T = 11 S 212TH o~�S SE 1nHi ST i H 1 a'BRIE N O 21 ST SE 717TH FL Q Zj, s<1/E ST 1 I T C 16 S ♦ �'' 2rH rl 8 - sT S TI .�331,IK6t-, 2WH QI / t S�fy u < g RN a 2i ESQ € 7 1 H �v r] ! 8 MIEN IT 12 W •" I i. ST o a ~ s»ySE > i 410 G�e1,0 ! 11 »_$mm-_U__ —at I \ sE 21eTH STSIMMS - P 1 > = - ...� ..iE,..,tIMDd ST n .25 €SEA. SI ! ST - __ I _ __ 5£✓ ST 22�TH ST e 0fa... 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Wa MR7 �6 2 m' "TE"... ytlt BE T $T y a Mr AH Be rrj I I G G �IALLCQu1r �„ r ( ZeeQ 40_�j E X H 113 IT TE 167 1 um 1236 LXA ............... . .............. 1 AMIL Duane Berentson Washington State Secretary of Transportation Department of Transportation CITY OF KENT District 1 15325 S.E. 30th Place Bellevue,Washington 98007-6538 APR 3 01990 (206)562-4000 ENGINEERING DEPT. April 25, 1990 Mr. Don Wickstrom Director of Public Works City of Kent 220 Fourth Ave. South Kent, WA 98031 City of Kent CS 1760 & 1768 SR 167 & 516 Signal Transfers Agreement GM-1236 Dear Mr. Wickstrom: Attached is a fully executed copy of the referenced signal transfer agreement. Sam Richard in our State Aid office is coordinating the City's construction project that will affect these signals. The City will have to coordinate the physical transfer of operation with our Traffic Engineer. Thank you for your cooperation. Sincerely, Ir/ D. L. FFMAN, P.E. District State Aid Engineer TBA:cmi 93/TBA-DW Attach. cc: B. Anderson (w/copy) , MS 47 B. Garing/N. Posey (w/copy) , MS 120 J. Olson (w/copy) , MS 44