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HomeMy WebLinkAboutCAG2002-0422 - Original - King County - Signal Synchronization - 03/25/2002 Signal Synchronization Grant Program Interagency Agreement Between City of Kent and King County For the Signal Synchronization Project on Kent-Kangley Road between 152ND Avenue SE and Central Avenue S THIS AGREEMENT is made and entered into this'7z"� day of 2002, by and between King County, hereinafter called the "County," and the City of Kent, hereinafter called the "City," both of which entities maybe collectively referred to hereinafter as the "Parties " WHEREAS, the King County Council has established a System-Wide Signal Improvement Program for King County through the adopted budget for 2002 for King County, WHEREAS, as part of the System-wide Signal Improvement Program, a new Signal Synchronization Project has been created that enables King County to make financial grants to other public agencies within King County for the purpose of optimnzmg signal settings along key transit corridors, and WHEREAS,the City of Kent and King County jointly acknowledge the value and importance of efficient signal operations for all modes of travel along these key transit corridors, WHEREAS, the City of Kent has applied for a grant from King County to optimize signal operations on Kent-Kangley Road between 152"a Avenue Southeast and Central Avenue South, and WHEREAS, the City and the County share a common goal to improve signal operations along this corridor, WHEREAS, the County has awarded the City a grant of$70,000 for this purpose, and WHEREAS, the City and the County now desire to establish the terms under which the County will provide these funds and other related services to the City NOW THEREFORE, in consideration of the mutual covenants contained herein, the sufficiency of which is hereby acknowledged by the parties, the Parties agree to the following. 10 SCOPE OF WORK 1 1 Under this Agreement, 14 signals, as shown in Attachment B-1, will be re- tuned in an effort to improve and/or create synchronized signal operation 12 The tasks of the signal re-timing effort are as follows Project Management, Data Collection, Development of New Signal Timing Plans; Implementation, Testing and Acceptance of New Signal Tuning Plans, and Completion of a Before and After Study. A detailed description of the required work elements for each of these five tasks is outlined in Attachment B-2, as attached 1.3 The Parties agree to share all technical data, findings, and reports that are produced under this Agreement The Parties agree to participate in regional traffic forums that will be organized by the County with assistance from participating Cities to review and report on results and to develop suggestions for future improvement 14 The Parties agree to report on the results of the signal synchronization projects with a Before and After Study using the format, as outlined in Attachment B-3 1.5 The Before and After Study prepared for this Agreement will be compiled by the County with the results of all the other Before and After Studies from all of the signal re-timing projects that are funded by the King County Signal Synchronization Project for 2002. The overall results of the King County Signal Synchronization Project for 2002 will then be shared throughout the region,both with local elected officials as well as technical staff 20 SCHEDULE 21 Data Collection will be completed on or before May 23, 2002 The Party responsible for Data Collection agrees to make a copy of the data collected for this Agreement available to the other Party 22 The development of signal timing plans will be completed on or before August 30, 2002 If the City prepares these plans, they will make a copy available to County If the County prepares these plans, the City will first review them and then at its discretion, the City may accept or modify the County plans for any of the City's signals The City will then document and provide to the County the final signal timing plans that City has authorized for installation 2.3 New signal timing plans must be installed, tested and field accepted on or before October 31, 2002 by the City The City commits to document all field adjustments that it makes during installation and to update the signal timing plans accordingly. These field adjustments shall be reported in the Before and After Study 24 The final Before and After Study Report must be issued by December 31, 2002 The Party responsible for preparing the Before and After Study agrees to make a draft copy available to the other party for review and comment by December 5, 2002. 30 CITY RESPONSIBILITIES 3 1 The City will be responsible for the following tasks, as described in Attachment B-2, for all the signals in the project scope (Check all that apply) 3 1 1 Project Management 0 3 12 Data Collection 0 3 13 Development of Signal Timing by Time of Day 0 3 1 4 Implementation of Signal Timing 0 3 1 5 Completion of Before and After Study 0 32 The City agrees to complete its tasks according to the schedule shown in Section 2 0. 33 The City agrees to work cooperatively to with the County to insure that the terms and intent of the Agreement are met 34 The City is legally responsible for the operation of its signal system Only the City or its authorized maintenance agent is legally authorized to set and approve the signal settmgs for its signals. Any technical recommendations or comments for signal timings prepared by the County are advisory only They are not binding on the City and the County incurs no liability for offering them to the City for the City's consideration 40 COUNTY RESPONSIBILITIES 41 The County will be responsible for the following tasks, as described in Attachment B-2, for all the signals in the project scope (check all that apply) 4.1 1 Project Management 0 4.12 Data Collection 4 13 Development of Signal Timing by Time of Day O 4 14 Completion of Before and After Study 0 4.2 The County agrees to complete its tasks according to the schedule shown in Section 2 0 43 The County will work cooperatively with the City to insure that the intent of this Agreement is satisfied 50 COUNTY PAYMENT TO CITY 5 1 The County agrees to pay the City of Kent a maximum of$70, 000 for services described in Section 3 52 The County will pay the City$39,200 upon successful completion of the following scope element(s) Tasks 1, 2, and 3. 5.3 The County will pay the City the balance of$30,800 upon successful of the following scope element(s) Tasks 4 and 5 60 COUNTY IN-KIND SERVICES 6 1 The County agrees to provide the required in-kind services with either County personnel or consultants under contract to the County to complete the work described in Section 4 0, up to a maximum of$5,000 per intersection 7 0 LEGAL RELATIONS 71 It is understood that the Agreement is solely for the benefit of the Parties hereto and gives no right to any other party No joint venture or partnership is formed as result of this Agreement No employees or agents of one Party or any of its contractors or subcontractors shall be deemed, or represent themselves to be, employees of the other Party 72 To the maximum extent permitted by law, each Party shall defend, indemnify, and hold harmless the other Party and all of its officials, employees,principals, and agents from all claims, demands, suits, actions and liability of any kind, including injuries to persons or damages to property, that anse out of, are connected with, or are due to any negligent act or omission of the indemnifying party or any of its contractors, and/or employees, agents and representatives under this Agreement, provided, however,that if(and only if) RCW 4.24 115 applies and any such damages and injuries to persons or property are caused by or result from the concurrent negligence of both Parties to this Agreement, or any of their employees, agents and representatives, then in such instance each Party's obligation hereunder applies only to the extent of the negligence of such party or its officials, employees or agents Each Party specifically assumes potential liability for actions brought by its own employees against the other Party and for that purpose only each Party specifically waives, as to the other Party only, any immunity under the Worker's Compensation Act,RCW Title 51; and the Parties recognize that this waiver was the subject of mutual negotiation and specifically entered into pursuant to the provision of RCW 4 24 115 7.3 In the event any Party incurs attorney's fees,costs or other legal expenses to enforce provisions of this section against another Party, all such fees, costs, and expenses shall be recoverable by the prevailing Party 74 Tlus Agreement shall be interpreted in accordance with the laws of the State of Washington in effect on the date of execution of this Agreement. The Superior Court of King County, Washington shall have exclusive jurisdiction and venue over any legal action ansing under this Agreement 7.5 The provisions of this Section 7 shall survive any expiration or termination of this Agreement 8.0 DURATION, EXTENSION AND TERMINATION 81 This Agreement shall take effect upon execution by both parties and shall expire on December 31, 2002 unless extended by mutual agreement of the parties 82 Either party may terminate this Agreement for its convenience and without cause by providing written notice of such termination via certified mail to the other parties not less than thirty (30) days prior to the effective date of termination If the City terminates, it must reimburse the County for any cash payments that it has received from the County and for the value of any in-kind services the County has rendered on its behalf, up to the maximum allowed by Section 6, and consistent with the scope as outlined in Section 4 If the County terminates, it must reimburse the City for any work it has performed under the Agreement up to the maximum amounts allowed by Section 5 0 and consistent with scope outlined in Section 4 0 90 IDENTIFICATION OF CONTACTS AT CITY AND COUNTY 91 The City and the County each agree to appoint a project manager who will be assigned to work collaboratively to implement this Agreement 92 All official communication concerning this Agreement should be directed to the following parties: City County Ms Ellen Bevington Supervisor, Speed and Reliability Program King County Department of Transportation 201 S Jackson Street, MS KSC-TR-0411 Seattle, Washington 98104-3856 93 Any changes in agency contacts from those noted above may be communicated by facsimile or e-mail and must be venfied in writing to the other party 10 ENTIRE AGREEMENT 101 This document contains all terms, conditions and provisions agreed upon by the parties hereto, and shall not be modified except by written amendment of the parties 11 SEVERABILITY 11 1 If any provision of this Agreement is held invalid by a court of competent Jurisdiction, the remainder of the Agreement shall not be affected thereby if such remainder would then continue to serve the purposes and objectives originally contemplated by the parties IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT tlus day of 2002 T he t ofkKOayor Y 3 ' a,;- ate m Date King By Rick C Walsh, General Manager Date King County Metro Transit Division Itpfl.+:et As 'Cb �'ar�.v,' 3M1a 11 C. V�N�•^' q-¢cr C; .?fj.+r.urq Attachment B-4: Financial Reimbursement Schedule Protect Kent-Kangley Road Number of Signals(A) 14 Number of Signals owned by King County 0 Number of Agencies Participating 1 Proposed Roles and Responsibilities Grant Option 1 Award per Total Mid Year End Year Total County Protect Tasks Signal(B) AmountAxB) Reimbursement Reimbursement Reimbursement Protect $500 $7,000 $7,000 $7,000 Management/Coordination Data Collection' $1,000 $14,000 $14,000 $14,000 Development of Signal Timing $1,800 $25,200 $25,200 $25,200 by Time of Day Signal Timing Implementation $800 $11,200 $11,200 $11,200 Before and After Study $900 $12,600 $12,600 $12,600 Total County Reimbursement $5,000 $70,000 $39,200 $30,800 $70,000 'Historical data collected prior to execution of grant agreement is not eligible for reimbursement unlesspnor approval is received from King County a-4 1