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RECIPROCAL MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into this day of
, 19 , between the STATE of WASHINGTON, Department
of Transportation, acting by and through the Secretary of
Transportation, by virtue of Title 47 RCW hereinafter called the
"STATE" and the JEFFERSON COUNTY, P.O. Box 1220, Port Townsend,
Washington 98368, acting by and through the County Commissioners,
hereinafter called the "COUNTY".
WHEREAS, the parties hereto are charged with the responsibility
of maintaining their streets, roads and highways and maintaining
staff, equipment and materials to perform the necessary
maintenance, and
WHEREAS, the parties may from time to time need additional
manpower equipment or materials or have manpower, equipment and
materials available in certain locations which could be used by
the other party to this AGREEMENT.
NOW THEREFORE, in accordance with RCW 47 .28. 140, and in
consideration of the terms, conditions, covenants, and
performances contained herein.
IT IS MUTUALLY AGREED AS FOLLOWS:
I
GENERAL
It is the purpose of this agreement to permit the parties to make
the most efficient use of their resources by enabling them to
co-operate by furnishing each other manpower, equipment and
materials when available on a reimbursable basis for roadway
maintenance activities. This will be done with the understanding
that the owner of the requested resources own work takes first
priority.
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II
REQUEST FOR SERVICES
Each request for service shall be in writing and shall specify
the particular service required, the amounts and types of labor,
equipment, and material required, the location of the work, the
estimated cost of the work and other information pertinent to the
request. Upon the receipt of the request, the party which has
been requested to supply the service shall indicate their
acceptance or rejection at their sole discretion on the request,
have it signed by their authorized official, and return one copy
to the requesting party. In cases of emergency the request and
approval may be done verbally but must be documented in writing
within 48 hours of the verbal request.
III
PAYMENT
The parties to this agreement agree that the party receiving
services under this agreement shall reimburse the party providing
the services for their actual direct cost and related indirect
costs. Partial payments shall be made by the party receiving the
services upon request of the providing party, to cover costs
incurred. These payments are not to be more frequent than one (1)
per month. It is agreed that any such partial payment will not
constitute agreement as to the appropriateness of any item.
IV
RECORDS RETENTION AND AUDIT
The parties agree to maintain records of all costs incurred under
this agreement, in accordance with a work order accounting system
as prescribed and approved by the State Auditors Office. These
records shall be kept available for inspection and audit by the
party requesting the service for three (3) years after payment
for the requested service.
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V
CARE AND MAINTENANCE OF EQUIPMENT
The parties agree that any time a request is made for the use of
equipment, that the requesting party shall be responsible for the
proper care, maintenance and security of the equipment from the
time they take possession of the equipment until the equipment is
returned to the owner. Any damage which occurs to the equipment
while being operated by the requesting party or while being
operated by the owner under direct control of the requesting
party shall be the responsibility of the requesting party.
VI
RIGHT OF ENTRY
The parties to this agreement hereby grant and convey to each
other the right of entry upon all land which the parties have
interest, within or adjacent to the right of way of the highway,
road or street for the purpose of accomplishing all work or
services requested as part of this agreement.
VII
LEGAL RELATIONS
No liability shall attach to the Parties by reason of entering
into this Agreement except expressly provided herein. No rights
are granted to any third party by this agreement
VIII
TERMINATION OF AGREEMENT
The right is reserved by the parties to this agreement to
terminate the agreement at any time by giving 30 day written
notice to the other party.
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IN WITNESS WHEREOF, the parties hereto have executed this
AGREEMENT as of the day and year first above written.
APPROVED AS TO FORM: J FERSON CO
C C
BY: - B :
Prosecuting Attorney Co Li?10 er
DATE: 6 /27'q D E.
B :
C inner
DATE: 6,/,//q
BY: /)/Z---
Commissioner
DATE: 6/. 7/ Q�
APPROVED TO FORM: STATE OF WASHINGTON
DEPARTMENT OF TRANSPORTATION
BY: -- �^ BY:
Assistant At rney General
DATE: ,J v L 2 2, ( r r 3
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JEFFERSON COUNTY
BOARD OF COMMISSIONERS
Agenda Item
FOR WEEK OF: June 19, 1993
I. DESCRIPTION -- a brief description of the agenda item:
[Please include project, road, contract, grant, etc. ; number
if one is available for the Commissioners' Index. ]
A contract with the State Department of
Transportation to allow reciprocal use of manpower,
equipment, and materials when available for roadway
maintenance activities.
II. ISSUES -- a short outline of the major issues or areas that
should be given particular attention:
The contract requires records retention for three
years, creates responsibility for damage done to
equipment by the user, and allows for a mutual
right of entry by each agency on the other's
property to fulfill the purposes of the agreement.
III. ACTION -- What is the nature of the action the Board is being
asked to take (discussion, approval of a contract, support for
a grant, etc. ) ? You may also want to express the department's
position or recommendation.
Approval of the contract. The contract conforms to
RCW 47 . 28. 140 (copy attached) . The County Engineer
recommends approval.
_
PUBLIC HIGHWAYS AND TRANSPORTATION
4 ;.PUBLIC HIGHWAYS AND TRANSPORTATION 47:28:170
0, the portion of the urban !
e performed during the biennia arterial construction program,: ?47.28.140. Agreements-.ta-benefit or improvehighways,roads,or
period beginning the follow- streets,'establish�•urban-public.transportation sys
Subject to the appropriations actually approved by the' :, . -board shall as soon as feasible approve urban arterial trust tem, prevent or 3nininuze`flood damages-Labor or
to be spent during the ensuing biennium for preliminary contract-Costa ' ' `.
-i When in the opinion of,.theority sequence as established pursuant to RCW 47.26.240. •
governing, authorities representing the
projectswhose total cost exceeds one million dollars as department and any,,agency, instrumentality, municipal corporation,•or
' 'program,the agency with jurisdiction shall furnish political subdivision of the state of Washington, any highway, road,,or,
value engineering study performed by an interagency team street will be benefited.or improved by constructing, reconstructing, locat-
ie-board,to-determine whether the proposed improvement mg, relocating, laying out, repairing,'-Surveying, altering, improving, or
t-effective solution for the project before the board may- maintaining, or by the establishment-adjacent to,;under,-upon, within, or
arterial trust hinds for either the preliminary or construe:. : above any portion of any such highway, road, or street of an urban public
he project.--The board may authorize'a Variance from the transportation system,by either the departmentor any.agency,instrumen-
mg study upon a determination that the study is not war - tality,municipal corporation,or political,subdivision of the state,and it is in
ooard may also require a value engineering study for"-a' the public interest to do so,,the auth orities,.may.-enter into cooperative
otal cost is less than one million dollars upon a determine-- agreements wherein either..agrees;to perform the work and furnish the
rd that the study is warranted: :
,,.=, materials necessary and pay the cost thereof:including necessary engineer-
tall authorize urban, arterial trust account funds for the - ling assistance, which costs and expenses shall be reimbursed by the party
eject portion ofa project previously authorized for a prelimi whose responsibility it-was"to do or perform the'work-or improvement in
r the sequence in"which the preliminary Proposal has been 'the first instance.-The work,may be-done,by either'day labor or contract,
:he construction project is to be placed under'contract''"-At and the cooperative agreement between'the parties-Shall provide for the
bard may reserve urban'arterial trust account funds for : method of reimbursement.--.In the case of some special'benefit or improve
uture years.as may be necessary for completion of funds
-f i ment to a state highway derived from'any project that assists in preventing
and construction projects to be commenced in:the ensuing ,or minim•zing'flood:'damage§''as`defined m'RCW-8616.120 or from the
• g .construction of any public"works-'rproject;'.?intruding any urban public
• • '---' <; - transportation system, the department may contribute to the cost thereof
y,''thin the-constraints of available urban arterial truit , by making direct payment::to the particular state,-department, agency,
additional-projects' for authorization-upon a clear and instrumentality,municipal corporation, or political subdivision on the basis
rig by the submitting local government that the proposed " of benefits received, but such,payment shall.,be made,only after a coopera-
emergent nature and that its need was unable. to be five agreement has,been.entered into-for a specified.amount or on an actual
,e me the
ti six-year program of the local government was ' cost,basis prior to.the commencement,of the,.particular public;works
, proposed projects shall be evaluated on the basis of the project. •Lctors specified in RCW 47.26.220. - ,^ '
" Amended by Laws-1991, ch 322, § 29
1987, ch. 360, § 2; Laws 1988, ch. 167, § 33.
Historical and Statutory Notes
Historical and Statutory Notes . ,. Findings--Intent—Laws 1991,, ch_, ,
` provement board for references to'the 322: See Historical and Statutory Notes
i,60, § 2, in the first urban arterial board. following § 86.12.200. -
he third, fourth, and
Savings--Severability-Laws 1988, 47.28.170. Emergency protection and"restoration of highways
ch. 167: See Historical Note following
`67, § 33, substituted § 47.26.121. (1) Whenever the department finds that a consequence of accident,
transportation im- natural disaster, or other emergency, an existing state highway is in
t. jeopardy or is rendered impassible in one or both directions and the
PTER 47.25—CONSTRUCTION AND department further finds that prompt reconstruction,repair, or other work
is needed to preserve or restore the highway for public;travel, the depart-
iMAINT'ENANCE OF HIGHWAYS ment may obtain at least three written bids for the work without publish-
•
ing a call for bids, and the secretary of transportation may award a
Section contract forthwith to the lowest responsible bidder.
47.28.210. Expired.
47.28.220. Compost products in trans The department shall notify any association or organization of contrac-
€ - portation projects, tors filing a request to regularly receive notification. Notification to an
association or organization of contractors shall include: (a)The location of
WESTLAW Electronic Research - the work to be done; (b) the general anticipated nature of the work to be
ri
lectronic Research done; and(c)the date determined by the"department as reasonable in view•:Preface. •
of the nature of the work and emergent nature of the problem after which
the department will not receive bids. - -
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