AG 23-275 - KING COUNTY DEPARTMENT OF LOCAL SERVICESRETURN TO: PW ADMIN EXT: 2700 ID #: 4112
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
1. ORIGINATING DEPT/DIV: PUBLIC WORKS / Traffic
2. ORIGINATING STAFF PERSON: Rick Perez EXT: 2740 3. DATE REQ. Bl
3. TYPE OF DOCUMENT (CHECK ONE):
p CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ)
❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT
❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT
❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG
❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS)
❑ ORDINANCE ❑ RESOLUTION
❑ CONTRACT AMENDMENT (AG#): 0 INTERLOCAL
❑ OTHER
4. PROJECT NAME: -Adaptive Traffic Control System Operations and Maintenance Agreement - King County
5. NAME OFCoNTRACroR: King County _Department of Local Services_, Road Services Division
ADDRESS: 201 S Jackson St. Seattle WA 98104 TELEPHONE:206-477-3637
E-MAIL:_reV.SUOUii-kinacountV.OQy _ _ FAX:
SIGNATURE NAME: Dow Constantine TITLE: County EXecufiye
6. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER
REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS
CFW LICENSE # BL, EXP. 12/31/ UBI # EXP.
7. TERM: COMMENCEMENT DATE: Upon execution t oj?g 23 COMPLETION DATE: Upon cancellation
8. TOTAL COMPENSATION: $ not applicable (INCLUDE EXPENSES AND SALES TAX, IF ANY)
(IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES)
REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ .
IS SALES TAX OWED: ❑ YES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY
RETAINAGE: RETAINAGE AMOUNT: ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED
in PURCHASING: PLEASE CHARGE TO:
9. DOCUMENT / CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED
❑ PROJECT MANAGER
II DIVISION MANAGER RAP / 02 Jun 2022
8 DEPUTY DIRECTOR EJW 10/18/2022
8 DIRECTOR
❑ RISK MANAGEMENT (IF APPLICABLE)
8 LAW DEPT KVA 10/18/2022
10. COUNCIL APPROVAL (IF APPLICABLE) SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE:
SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE:
11. CONTRACT SIGNATURE ROUTING
❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC• D:
❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS
❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR I MONTH PRIOR TO EXPIRATION DATE
(INCLUDE DEPT. SUPPORT STAFF IF NECESSARY AND FEEL FREE TO SET NOTIFICATION MORE THAN A MONTH IN ADVANCE IF COUNCIL APPROVAL IS NEEDED.)
INITIAL / DATE SIGNED
❑ FINANCE DEPARTMENT
_,e-LAW DEPT d it z
__P-SIGNATORY (MAYOR OR DIRECTOR)
,VICITY CLERK �—
❑ ASSIGNED AG # AG#
❑ SIGNED COPY RETURNED DATE SENT: 2J
COMMENTS:
EXECUTE" " ORIGINALS
Please review for terms prior to finalization for presentation to Council.
iU2020
INTERLOCAL AGREEMENT FOR THE OPERATION AND MAINTENANCE OF TRAFFIC SIGNALS AND
RELATED EQUIPMENT FOR FEDERAL WAYS ADAPTIVE TRAFFIC CONTROL SYSTEM
This agreement is made and entered into by and between King County, a political subdivision of the State of
Washington ("County") and the City of Federal Way ("City"), and hereinafter referred together as the
("Parties").
RECITALS
A. The City has a series of Capital Improvement Projects ("Projects') to provide adaptive traffic
control systems throughout the City.
B. The Projects are proposed to extend beyond the corporate limits of the City into unincorporated
areas under the jurisdiction of the County where they could improve traffic signal operations for
their respective corridors.
C. The County owns and operates certain traffic signals, listed on Exhibit A, along corridors that
would be addressed by the Projects.
D. The Projects include providing fiber optic communications cable and equipment, replacing County
traffic signal equipment, including signal controllers and various components in traffic signal
controller cabinets, installing additional vehicle detection, and installing closed circuit television
surveillance cameras.
E. The Parties find that it would be mutually beneficial for the City and the County to maintain their
respective traffic signals and their components, surveillance cameras, and fiber optic
communications cable and associated equipment.
F. The Parties find that it would be mutually beneficial for the City to manage and maintain the
adaptive traffic control system utilized for city streets, and the County -owned traffic signals listed
on Exhibit A.
G. The Parties are authorized, pursuant to Chapter 39.34 RCW, to enter into an interlocal
governmental cooperative agreement of this nature.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the sufficiency of which is
hereby acknowledged, the Parties agree as follows:
1. Applicability
This Agreement applies to the operation of signal timing and maintenance of City -installed and County -
owned traffic signal equipment, communications cable and associated equipment, and surveillance
cameras listed on Exhibit A. '
2. Transfer of Ow
Following final inspection and acceptance by the City and County of the Projects installing equipment
within County rights -of -way, ownership of City -provided traffic signal equipment, communications cable
and associated equipment, and surveillance cameras located within County rights -of -way shall
automatically transfer to the County. However, due to federal procurement requirements, said equipment
shall remain in service for the duration of its useful life.
3. City Responsibilities
3.1. The City shall pay for the initial purchase, installation, integration, testing, and acceptance of traffic
signal equipment, communications cable and associated equipment, and surveillance cameras
related to the Agreement as part of the construction of the Projects.
3.2. The City shall provide the County the adaptive traffic control timing parameters to review and
approve prior to implementation.
3.3. The City shall operate the traffic signal equipment communications cable and associated equipment
and surveillance equipment on County roads in accordance with the County approved signal timing
parameters and shall be responsible for all costs associated with their operation including but not
limited to signal timing generation and implementation. In addition, the City shall respond to public
records requests and citizen inquiries regarding traffic signal operations and periodic review of traffic
signal timing.
3.4. The City shall not alter the County's clearance intervals at County -owned traffic signals subject to
this Agreement without first obtaining written authority from the County to proceed.
3.5. The City may alter traffic signal phasing sequence, cycle lengths, splits, and offsets on a real-time
basis to optimize traffic signal operations within the County -approved parameters set in the
adaptive traffic control system. The City shall notify the County when alteration to the traffic signal
phasing sequence, cycle lengths, splits, and offsets are made as soon as practicable.
3.6. The City shall provide the County with necessary documentation of the County traffic signals'
deficiencies as they become apparent during operation of the County traffic signals. The City shall
provide this information to the County as soon as practicable.
3.7. The County shall receive full access rights to the City's TACTICS system to remotely monitor and
operate the traffic signal timing and traffic flow information for County signals. To that end, the City
shall provide access via dedicated workstations at the County Signal Shop and Traffic Management
Center and remote Internet access.
3.8. The City shalt own and maintain the optic cable that is within the City right-of-way. The County shall
own and maintain the optic cable that is within the County right-of-way, Use of the fiber optic cable
shall be available to the City, County, and Washington State Department of Transportation as
necessary to provide communication between the County and City Traffic Management Centers
(TMCs) and allow access to County equipment from the County TMC.
4. County Responsibilities
4J. The County shall own and maintain the fiber optic cable that is within the unincorporated King County
right-of-way. The City, County, and Washington State Department of Transportation are permitted to
utilize the fiber optic cable.
4.2. The County shall continue to own and maintain the traffic signals located in unincorporated King
County Iisted in Exhibit A. In accordance to Section 2, this includes the accepted and transferred
equipment installed by the City's Projects.
4.3. The County, in the event of an emergency, such as acts of nature or vandalism or traffic collisions,
shall have the ability to remove its traffic signals from adaptive traffic control system provided by
the City to reduce resultant traffic hazards without written authority from the City. In such
circumstances, the County shall notify the City of this signal control as soon as practicable.
4.4. The County shall notify the City of modifications the County intends to make to County signals that
could impact the operation of the traffic signal at that intersection or impact the operation of the
corridor(s) in which that intersection is located prior to the implementation of those changes. In the
event a condition exists resulting from acts of nature, third party damage, unknown third party
damage, or other reasons, the County may remove any obvious and immediate traffic hazards before
notifications to the City.
S. Coordination
5.1. The City and the County shall cooperate with each other in good faith as to the operation of the
adaptive traffic control system.
S.2. The City and the County shall cooperate with each other in good faith to monitor and evaluate the
operation of the signal timing to address any problems as they develop. The Parties shall meet
quarterly or at any other time upon request by any Party to review traffic pattern changes, detour
routes, coordination issues, system changes, and maintenance and operation issues, regarding
County signals and the adaptive traffic control system.
6. Data Information and Exchange
6.1. The City and County shall make available to each other such information and data, if available, that
may be useful in coordinating the operation and maintenance of the intersections and corridors.
This information and/or data includes, but is not limited to, traffic counts, signal status, detector
occupancy, timing plans, and video signals. The Parties recognize that certain information and/or
data may be time -sensitive and should be provided as quickly as practicable to the other Party.
6.2. The City and County shall agree upon how to configure the data exchange network server to control
what information is available to each party. The City and County agree that all data should be made
available to each party, unless there is a legal, operation, or proprietary reason for withholding the
data or information.
7. Traffic Signal Addition or Deletion
Exhibit A may be modified by adding or deleting intersections applicable to this Agreement upon written
modification, signed by the Public Works Director for the City and Director of the County's Road Services
Division.
8. JermsofAgKeemenjandlem-ination
8.1. The term of this Agreement shall begin on the date this Agreement is executed and shall be effective
until terminated by either Party.
8.2. The City or the County may terminate this Agreement for any reason by providing sixty (60) days
written notice to the other Party.
8.3. The Roads Services Division of the County and the City shall enter into a separate agreement for
maintenance and usage of the fiber optic cable that runs through the Parties' rights -of -way to
maintain communication between traffic signals and the Traffic Management Centers of each Party.
9. Ilabili
If a claim, demand, or cause of action arises from the negligent act or failure to act or intentional wrongful
act of one of the Parties hereto, or its officers, agents or employees, then that Party shall indemnify, defend,
and save the other Party and its officers, agents, and employees harmless therefrom; provided, however,
that such provision shall not apply to the extent that damage or injury arises from the fault of the other
Party, its officers, agents, or employees. In the case of negligence of both the City and the County, any
damages allowed shall be levied in proportion to the percentage of negligence attributable to each Party,
and each Party shall have the right to seek contribution from the other Party in proportion to the
percentage of negligence attributable to the other Party. Each party hereby waives for itself and its
employees any immunity to which it may be entitled under the industrial insurance provisions of Title 51
R.C.W. but only to the extent necessary to indemnify the other party as provided herein, which waiver has
been mutually negotiated by the Parties.
Each Party agrees that it is fully responsible for the acts and omissions of its own contractors and
subcontractors, their employees and agents, acting within the scope of their employment as such, as it is
for the acts and omissions of its own employees and agents. The City shall require each contractor engaged
in installation, monitoring and/or other activities described in this Agreement to cover King County as an
additional insured under such contractor's general and automobile liability policies, and to include Icing
County as an indemnified party in each such agreement pertaining to activities described herein. City shall
provide County certificates of insurance and additional insured endorsements evidencing the
aforementioned coverage prior to commencement of any contractor's work described herein.
10. Audits and inspections
The records and documents with respect to all matters covered by this Agreement shall be subject to
inspection, review, or audit by the City or the County during the term of this Agreement and three years
after expiration or termination.,
11.1 The City shall be deemed an independent contractor for all purposes, and the employees of the City,
or any of its contractors, subcontractors and their employees shall not in any manner be deemed to
employees of the County.
11.2 Nothing contained herein is intended to, nor shall be construed to, create any rights in any party not
a signatory to this Agreement, or to form the basis for any liability on the part of the City, the County,
or their officials, employees, agents, or representatives, to any party not a signatory to this
Agreement.
11.3 Waiver of breach of any provision of this Agreement shall not be deemed to be a waiver of any prior
or subsequent breach and shall not be construed to be a modification of the terms of this Agreement
11.4 If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be
affected thereby if such remainder would then continue to serve the purposes and objectives of the
Parties.
11.5 The captions in this Agreement are for convenience only and do not in any way limit or amplify the
provisions of this Agreement.
11.6 This Agreement contains the entire Agreement of the Parties and any representations or
understandings, whether oral or written, not incorporated herein are excluded. Nothing in this
Agreement shall alter other agreements between the City and the County with respect to the
County's provision of traffic signal maintenance services to the City or the shared use of fiber-optic
cable for the operation oftransit signal priority systems elsewhere in the City.
11.7 This Agreement may be amended only by an instrument in writing, duly executed by the Parties,
provided that Exhibit A may be modified as set forth in Section 7, Traffic Signal Addition or Deletion.
[signature page follows]
IN WITNESS, the Parties execute this Agreement below, effective the last date written below:
CITY OF FEDERAL WAY:
(� 7a,-.
J' 'f'erreil?Mayor
DATE:
KING COUNTY:
Dn\A3 �6e
Dow Constar ine, County Executive
DATE: C!) 3 t 101,7
STATE OF WASHINGTON ]
ss.
COUNTY OF KING
ATTEST:
to a ie Courtney, CMC, City Cler"C
APPROVED AS TO FORM: `
On this day personally appeared before me�Dow Constantine, to me known to be the County Executive of
King County that executed the forgoing instrument, and acknowledged the said instrument to be the h-ee
and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath
stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the
corporate seal of said corporation.
GIVEN my hand and official seal this day of CA ts))bQ.� - , 20Z?J
Notary's signature --"-y-:.Lj L- f
Notary's printed name �L r
Notary Pub 'c in and for the State of Washington.
My commission expires I - ')
` State of Washington
CINDY WORRELL
LICENSE # 44109
MY COMMIMION EMR A
JANUARY 10, 2025
EXHIBIT"A"
TRAFFIC SIGNAL SYSTEM OPERATED BY THE CITY AND MAINTAINED BY THE COUNTY
S 320th Street / S Peasley Canyon Road at Military Road S
S 321st St at S Peasley Canyon Road
31st Avenue S at Military Road S