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HomeMy WebLinkAboutContract CAG-15-226 GM 1557 Washington State Department of Transportation and the City of Renton CITY AND STATE OPERATION AND MAINTENANCE OF STATE-OWNED AND CITY-OWNED LUMINAIRES This Agreement is made and entered into between the Washington State Department of Transportation, hereinafter the "STATE," and the City of Renton, a Washington municipal corporation, hereinafter the "CITY," collectively the "Parties" and individually the "Party." WHEREAS, the STATE, in the interest of providing congestion relief in the 1-405 Corridor, constructed improvements along 1-405 within the CITY in a project known as the "1-405, 1-5 to SR 169 Stage 2 —Widening and SR 515 Interchange Project," hereinafter the "Project;" and WHEREAS, the STATE entered into an agreement with the CITY, GCA 5721 "Cooperative Agreement for Design and construction of the 1-405/1-5 to SR 169 Stage 2 widening and SR 515 Interchange Project" executed on October 1, 2008; and WHEREAS, as part of the Project, the STATE constructed improvements to Talbot Road South (SR 515) and South Renton Village Place; and WHEREAS, the STATE established limited access on a portion of South Renton Village Place; and WHEREAS, it will be to the mutual benefit of the Parties for the CITY and the STATE to perform the operation and maintenance of certain luminaires owned by the other Party to the extent set forth in this Agreement; and WHEREAS, the CITY and the STATE desire to enter into this Agreement to establish, in writing, those operation and maintenance responsibilities, NOW, THEREFORE, pursuant to RCW 47.28.140, the above recitals that are incorporated herein as if set forth below, and in consideration of the terms, conditions, covenants, and performance contained herein, including Exhibits A, B, C, D, and E, which are attached and made a part hereof, IT IS MUTUALLY AGREED AS FOLLOWS: 1.0 GENERAL 1.1 The CITY agrees to perform, at STATE expense, certain operation and maintenance activities, as defined in Section 2.1, on two (2) state-owned luminaires listed in Exhibit A and shown on Exhibit B, or as supplemented. 1.2 The STATE agrees to perform, at CITY expense, certain operation and maintenance activities, as defined in Section 3.1, on four (4) city-owned luminaires listed in Exhibit A and shown on Exhibit C, or as supplemented. 1.3 Designated Representatives All contact between the Parties, including, but not limited to billing and Agreement administration, will be between the designated representatives of each Party or their designee as follows: CITY: Maintenance Services Director City of Renton Public Works Department 1055 South Grady Way Renton, WA 98055 (425) 430-7400 STATE: Area 4 Maintenance Superintendent WSDOT Northwest Region 26620—68th Avenue South Kent, WA 98032 (253) 372-3900 1.4 The CITY and STATE Designated Representatives agree to meet at least once a year to reconcile each Party's actual costs subject to the terms of this Agreement, as more fully described in Section 6.0 of the Agreement. 1.5 The CITY and STATE Designated Representatives will meet as necessary to address operation and maintenance issues for the luminaires identified in Sections 1.1 and 1.2. The STATE shall retain ownership of its two luminaires identified in Section 1.1 and the CITY shall retain ownership of its four luminaires identified in Section 1.2. 1.6 The CITY and the STATE will coordinate review of any proposed changes to the identified luminaires prior to implementation, unless extraordinary circumstances, such as accidents, vandalism or other third-party damage, adverse weather or storm damage, or unanticipated forces or actions (Incidents), require the CITY or the STATE to make changes to such systems without concurrence from the other Party. In the event a danger to the traveling public arises, resulting from Incidents, the CITY or the STATE may remove any obvious and immediate traffic hazards before notifying the other Party related to the herein identified luminaire. The CITY or the STATE may respond and implement and maintain necessary traffic control from the point at which a danger to the traveling public is identified, at the expense of the Party which is responsible for the maintenance and operation costs of the luminaire, until that Party has had time to respond with its own traffic control and maintenance obligations after notification. 2.0 CITY RESPONSIBILITIES 2.1 Subject to the terms of this Agreement, the CITY, solely at the expense of the STATE, agrees to operate and maintain the two (2) state-owned luminaires by performing the following tasks: GM 1557 Operation and Maintenance of Luminaires Page 2 of 9 2.1.1 Provide Routine Operation and Maintenance: a. Routine preventative maintenance consistent with current preventative maintenance standards. Standards: Maintenance performed by the CITY shall be consistent with current STATE practices for the operation and maintenance of luminaires as shown in the STATE Maintenance Manual(M 51-01), current edition, as amended. The CITY shall maintain accurate maintenance records as to the time and materials used in completing the various maintenance tasks for each luminaire. b. Removal and replacement of failed components. The components installed by the CITY shall be furnished by the STATE, or the CITY may elect to furnish the components and then be reimbursed by the STATE. 2.1.2 Provide Emergency Maintenance: Perform emergency maintenance at STATE expense for damage to the luminaires caused by Incidents. Emergency maintenance includes repair or replacement of luminaires, or components thereof, and the necessary traffic control for CITY workers to perform the work in accordance with Section 1.6. The CITY shall notify the STATE within twenty-four (24) hours of the emergency work and include any information the CITY may possess if the damage was caused by a third party. 2.2 Subject to the terms of this Agreement, the CITY agrees to reimburse the STATE for the actual direct and related indirect costs of the work to be performed by the STATE under this Agreement and for the operational power costs for the four (4) CITY-owned luminaires identified in Section 1.2, and further described in Section 6, RECONCILIATION, INVOICING, PAYMENT, AND RECORDS. 2.2.1 The CITY shall provide any other operation, maintenance, repair, and replacement work for the four (4) city-owned luminaires identified in Section 1.2 that is not otherwise covered by this Agreement. 2.2.2 The CITY shall be responsible for recovering the costs of damages caused by a third party pursuant to Section 3.1.2 for the four (4) CITY-owned luminaires identified in Section 1.2. 3.0 STATE RESPONSIBILITIES 3.1 Subject to the terms of this Agreement, the STATE, solely at the expense of the CITY, agrees to operate and maintain the four (4) city-owned luminaires by performing the following tasks: 3.1.1 Provide Routine Operation and Maintenance: a. Routine preventative maintenance consistent with current preventative maintenance standards. Standards: Maintenance performed by the STATE shall be consistent with current STATE practices for the operation and maintenance of luminaires as shown in the STATE Maintenance Manual (M 51-01), current edition, as amended. The STATE GM 1557 Operation and Maintenance of Luminaires Page 3 of 9 shall maintain accurate maintenance records as to the time and materials used in completing the various maintenance tasks for each luminaire. b. Removal and replacement of failed components. The components installed by the STATE shall be furnished by the CITY, or the STATE may elect to furnish the components and then be reimbursed by the CITY. 3.1.2 Provide Emergency Maintenance: Perform emergency maintenance at CITY expense for damage caused by Incidents on the luminaires. Emergency maintenance includes repair or replacement of luminaires, or components thereof, and the necessary traffic control for STATE workers to perform the work in accordance with Section 1.6. The STATE shall notify the CITY within twenty-four(24) hours of the emergency work and include any information the STATE may possess if the damage was caused by a third party. 3.2 Subject to the terms of this Agreement, the STATE agrees to reimburse the CITY for the actual direct and related indirect costs of the work to be performed by the CITY under this Agreement and for the operational power costs for the two (2) STATE-owned luminaires identified in Section 1.1, and further described in Section 6, RECONCILIATION, INVOICING, PAYMENT, AND RECORDS. 3.2.1 The STATE shall provide any other operation, maintenance, repair, and replacement work for the two (2) state-owned luminaires identified in Section 1.1 that is not otherwise covered by this Agreement. 3.2.2 The STATE shall be responsible for recovering the costs of damages caused by a third party pursuant to Section 2.1.2 for the two (2) state-owned luminaires identified in Section 1.1. 4.0 SUPPLEMENT: ADDITIONS OR DELETIONS; REPAIR OR REPLACEMENT 4.1 Luminaire Addition or Deletion 4.1.1 This Agreement may be supplemented to add or delete luminaires by completing and executing the Supplement as provided by Exhibit D, Luminaire Addition or Deletion. The Supplement shall indicate ownership, maintenance responsibility, and include a description and the location of the luminaires to be added or deleted. The effective date of coverage or deletion shall be stated in the Supplement. 4.1.2 The Luminaire Addition or Deletion Supplement shall be prepared in duplicate and shall be reviewed and mutually agreed upon by each Party. The Supplement shall be signed by an authorized representative of each Party. All additions shall be subject to the provisions of this Agreement, including the Payment provisions of Section 6. 4.2 Repair or Replacement of Luminaires 4.2.1 Should the CITY or the STATE request the other Party to perform work not otherwise covered by this Agreement, the other Party may, but is not obligated to, agree to perform the extra work at the requesting Party's expense. In this event, the Parties will supplement this Agreement by describing the work and executing the GM 1557 Operation and Maintenance of Luminaires Page 4 of 9 Supplement as provided by Exhibit E, Luminaire Repair or Replacement. The requesting Party agrees to fill out the Supplement in the form of Exhibit E, sign the Supplement and provide it to the other Party. The other Party will review the request and, if it agrees to perform the extra work, will sign and number the Supplement, returning a copy to the requesting Party. 4.2.2 When other work associated with luminaires is performed pursuant to Section 4.2.1 the CITY and the STATE agree, upon satisfactory completion of the work requested pursuant to a properly executed Supplement and receipt of a Notice of Physical Completion (Notice) of the work performed, to deliver a letter of acceptance (Letter) which shall include a waiver and release of the other Party from all future claims or demands of any nature resulting from the performance of the repair or replacement work under the applicable Supplement. 4.2.3 Prior to work acceptance pursuant to Section 4.2.2 the CITY and the STATE will perform a joint final inspection. 4.2.4 If the Letter is not received within ninety (90) calendar days following the Notice the work shall be considered accepted and the appropriate Party shall thereafter be automatically released from all future claims and demands of any nature resulting from the performance of the repair or replacement work under the Supplement. 4.2.5 The CITY or the STATE may withhold acceptance of work performed pursuant to Section 4.2.1 by submitting written notification to the other Party within ninety (90) calendar days following the Notice of Physical Completion. This notification shall include the specific reason(s) for withholding the acceptance. The Parties shall then work together to resolve the outstanding issues identified in the withholding Party's written notification. Upon resolution of the outstanding issues, the withholding Party shall promptly deliver the Letter to the other Party. 5.0 AMENDMENT 5.1 Either Party may request changes to the provisions contained in this Agreement. Such changes shall be mutually agreed upon and incorporated by written Amendment, or by Supplement pursuant to Section 4.0 of this Agreement. No variation or alteration of the terms of this Agreement shall be valid unless made in writing and signed by authorized representatives of the Parties hereto. 6.0 RECONCILIATION, INVOICING, PAYMENT, AND RECORDS 6.1 Reconciliation of Costs 6.1.1 The Designated Representatives for the CITY and STATE agree to meet in January of each year to reconcile each Party's actual direct and related indirect costs (Costs) for the previous calendar year, subject to the terms of this Agreement. The Parties understand and agree that the costs will rise in subsequent years as materials, wages, and other costs increase. 6.1.2 Costs to be reconciled by each Party's Designated Representative for the calendar year shall be as follows: GM 1557 Operation and Maintenance of Luminaires Page 5 of 9 • a. Labor—the actual direct and related indirect costs of all work performed pursuant to the provisions of this Agreement; b. Materials — the cost of replacement components (lamps, wiring, etc.) needed to meet the maintenance obligations of this Agreement; and c. Power— The CITY will account for the operational costs to power the luminaires identified in Section 1.2. The STATE will account for the operational costs to power the luminaires identified in Section 1.1. 6.1.3 The Parties shall compare the Costs, per Section 6.1.2, and the Party owing the lesser Costs amount shall invoice the Party owing the greater Costs amount for the difference in Costs amount. The invoice, pursuant to Section 6.2, shall show the full reconciliation as determined by the Designated Representatives. 6.2 Invoicing and Payment 6.2.1 Pursuant to Section 6.1.3, the Party owing the lesser Costs amount shall invoice the Party owing the larger Costs amount for the difference in Costs. The invoice shall show the full reconciliation, including a detail of each Party's Costs as determined by the Designated Representatives. 6.2.2 The invoiced Party agrees to reimburse the other Party within thirty (30) calendar days of receiving a properly detailed invoice, in accordance with Section 6.2.1. 6.2.3 Should either Party perform emergency maintenance under Sections 2.1.2 or 3.1.2, or work not provided in the Agreement pursuant to Section 4.2, each Party agrees to reimburse the other Party for the actual direct and related indirect costs of additional work performed. A Party shall provided a detailed invoice to the other for the additional work performed and shall reference the applicable Section under which the work was performed, describe the work performed, and itemize the labor charges and the costs for equipment and materials. Each Party agrees to make payment to the other Party within thirty (30) calendar days of receiving an invoice. The invoicing procedure under this Section shall not be subject to the yearly reconciliation procedures provide herein. 6.2.4 The CITY agrees that if it does not make payment to the STATE within ninety (90) calendar days after receipt of a STATE invoice, the STATE may deduct and expend any monies to which the CITY is entitled to receive from the Motor Vehicle Fund as provided by RCW 47.24.050 until the invoice(s) is paid in full. 6.3 Records 6.3.1 During the progress of any and all work performed by each Party under this Agreement, and for a period of not less than three (3) years from the date of payment to the relevant Party for that work, the records and accounts pertaining to said work and accounting therefore are to be kept available for inspection and audit by the other Party. 6.3.2 Copies of all records, accounts, documents, or other data pertaining to the work will be furnished upon request to the requesting Party at the expense of the requesting Party. GM 1557 Operation and Maintenance of Luminaires Page 6 of 9 6.3.3 If any litigation, claim, or audit is commenced, the records and accounts along with supporting documentation shall be retained until all litigation, claim, or audit finding has been resolved even though such litigation, claim, or audit continues past the three (3) year retention period. 6.3.4 In the event that it is determined that an overpayment has been made to either Party, that Party may invoice the other Party for the amount of overpayment. Payment shall be made for verified and approved overpayment amounts within thirty (30) calendar days after the invoice is received. If payment is not made within forty-five (45) calendar days after the verified and approved invoice was received, the overpayment amount may be deducted from future invoice payments until such overpayment amount is satisfied. 7.0 RIGHT OF ENTRY 7.1 The STATE grants the CITY a right of entry upon all STATE right of way and/or property in which it has an interest, for the purpose of performing all work authorized under this Agreement and any Supplements and/or Amendments thereto. 7.2 The CITY grants the STATE a right of entry upon all CITY right of way and/or property in which it has an interest, for the purpose of performing all work authorized under this Agreement and any Supplements and/or Amendments thereto. 8.0 TERM OF AGREEMENT/TERMINATION 8.1 The term of this Agreement shall be for up to one (1) year, beginning on the Party's date last signed below, and ending on December 31 of that year. This Agreement shall automatically be renewed on a calendar year basis unless prior written notice of termination is given by either Party by the preceding November 1 of any such year. Failure of either Party to notify the other of such termination on or before November 1 of any such year shall cause this Agreement to automatically be renewed for the next ensuing calendar year. This process shall remain in effect for ten (10) years and shall terminate on December 31 of the 10th year. The Parties may extend the term of this Agreement by amendment. 8.2 Either the CITY or the STATE may terminate this Agreement for any reason with written notice to the other Party at the end of sixty (60) calendar days following receipt of the written notice. Termination of this Agreement shall constitute termination of all associated Supplements and/or Amendments. Upon such notice and except as set forth in Section 10.0 herein, the CITY and/or the STATE shall have no further responsibility of any kind or nature regarding the luminaires identified in this Agreement owned by the other Party, including any luminaires that were added to this Agreement by Supplement and/or Amendment. However, each Party shall be responsible for the actual direct and related indirect costs incurred up to the date of termination. 9.0 DISPUTES 9.1 In the event that a dispute arises under this Agreement which cannot be resolved between the Parties, the dispute shall be settled in the following manner: Each Party to GM 1557 Operation and Maintenance of Luminaires Page 7 of 9 • this Agreement shall appoint a member to a dispute board. The members so appointed shall jointly appoint a third member to the dispute board who is not employed by or affiliated in any manner with the two Parties to this Agreement. The three-member dispute board shall conduct a dispute resolution hearing that shall be informal and unrecorded. The dispute board shall evaluate the facts, contract terms, and applicable statutes and rules and make a proposed determination on the dispute. The CITY and the STATE shall equally share in the cost of the third dispute board member; however, each Party shall be responsible for its own costs and fees. 10.0 LEGAL RELATIONS 10.1 The Parties shall protect, defend, indemnify, and hold harmless each other and their employees and authorized agents, while acting within the scope of their employment as such, from any and all costs, claims, judgments, and/or awards of damages (both to persons and/or property), arising out of, or in any way resulting from, each Party's obligations to be performed pursuant to the provisions of this Agreement. The Parties shall not be required to indemnify, defend, or hold harmless the other Party if the claim, suit, or action for injuries, death, or damages (both to persons and/or property) is caused by the negligent acts or omissions of the other Party; provided that, if such claims, suits, or.actions result from the concurrent negligence of (a) the STATE, its employees and/or authorized agents and (b) the CITY, its employees and/or authorized agents, or involves those actions covered by RCW 4.24.115, the indemnity provisions provided herein shall be valid and enforceable only to the extent of the negligence of each Party, its employees and/or authorized agents. This indemnification shall survive termination of this Agreement. 10.2 In the event that either Party deems it necessary to institute legal action or proceedings to enforce any right or obligation under this Agreement, the Parties hereto agree that any such action or proceedings shall be brought in the superior court situated in Thurston County, Washington. Further, the Parties agree that each Party will be solely responsible for payment of its own attorneys fees, witness fees, and costs. 10.3 All claims brought which arise out of, in connection with, or incident to the work to be performed pursuant to the terms of this Agreement will be forwarded to the appropriate Designated Representative for initial processing. Further, any such claims believed to be caused by the concurrent or sole negligence of the CITY will be returned to the CITY. Any such claims believed to be caused by the concurrent or sole negligence of the STATE will be formally tendered to the Office of Financial Management's Risk Management Division for processing pursuant to RCW 4.92.100. GM 1557 Operation and Maintenance of Luminaires Page 8 of 9 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the Party's date signed last below. WASHINGTON STATE CITY OF RENTON DEPARTMENT OF TRANSPORTATION Denis Law 0CiAl;40445:(' ,;C Print ,i/i/w7.41.4. Print r /6,e_c_i____„4„ Signature Signature A Mayor Aso f f sg; f�r .�.:,, � h1- Title Title (J l i/4)-//s /Z-(/ _S— Date Date Attest: ` / A 0�Q R Ja.on Seth,/City C ' ��Q% Date: .-1 • / A. Z EAL APPROVED AS TO FORM eSO APPROVED AS TO FORM Larry Warren iiiirmn D un •c".. Ann E. Salay Print Print Ap it.......„7.a....,........_. ir _ e,..„A Signature Signature City Attorney Senior cA�ssistant Attorney General I2-( 3 1 1C ! --0---i s-- Date 'Date Date GM 1557 Operation and Maintenance of Luminaires Page 9 of 9 • GM 1557 Exhibit A Luminaire Schedule Signal or Description; Comments SR M.P. or Service Luminaire No. Station Agreement No. STATE-owned; CITY operation &maintenance responsibility SRV* 11+60 R SRV* 13+00 R CITY-owned; STATE operation &maintenance responsibility 94H 515 7.07 L 95H 515 7.09 R 96H 515 7.13 L 98H 515 7.16 L *SRV—South Renton Village Place (approximate station per right of way plan: SR 405, SR 515 Vic.to S.6th St.Vic.;approved May 24,2007; sheet 2 of 9) I-405 C4rridor esign-Builders \ti ^ '''..;....X....., / / $ RELEASED FOR CONSTRUCTION �,f,, 7�, PBSRfi -Ss3 • cAax1T\ ? ;111 • r7` 4 ` OA* GM 1557 h '....,:-.41.,-. 1 - 9,H .,,,:„�'' .2.„.„,,, 2. M ..„....„.....,•., �, Exhibit B P T` ,, . 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Lo /sem<�hF I i ;„, , r. 44„., sr,,,,, Z., )r--, // (64 ShF�,BRs AL, /�•c> sa 1N Q.(46;,...., / SCALE IN FEET 0 State-owned luminaires-City maintenance&operation responsibility NC. ISSUE DATE ISSUE RECORD-DESCRIPTION DESIDIED BY ENTERED 1Y CHECKED BY DESIGN imam STATE N MANAGER:AN n MAN \ 4.. - 1-405 IL-0-02 MANA. b, 1405 CORRIDOR 9 2 O+NYIO REVISIONS PER RFI OM RNUDGETT R.GEORGE. O.MORFORD DESIGN DESIGN-BUILDERS I-5 TO SR 169 1 +v1EIM RELEASED FOR C0NSTTSIc1TON-2B•R 0.MUDGE E 0.GEOROE D.YORFORD TASK LEAD: '�/ STAGE 2 -WIDENING aD.MORFORD ,;oN,,,,,�„a .� .e j "' �i Washington State AND SR 515 INTERCHANGE y.�. O 10nbe9 FINAL DES,. RBLODGETT FL GEORGIC D.UORFORD 01AUe ! Department of Transportation 0 DNIL09 RELEASED FOR CONSTRUCTION-1C RWOOER R.GEORGE D.MORFORD PACKAGE: / %. °' e MEMOS FwAL DESIGN-+c RMUDGETr 0.GT:0ROE S.MORRC++D RFC -2B -IL 762T---•`Jo - j ILLUMINATION PLAN ,,,�„ 1- A 0610,IOs PRELIMINARY DESIGN FLMUDGETT R.GEORGE D.MDIFORD rirt.�Ta •1: 423 1-405 Corrid r De ign-Builders , „ ; RELEASED FOR CONSTRUCTION I1— THREE I1 _ I `�� . • ., j,��• r ,. t....:-.....-2=._-_-=_-7.1=' r ..:::::::=::.-------.-•------1 �; ' ii i u `` •I,'':\ •''.' \,...,,"'",, .; -'' GM 1557 _ - Inry It � ., ; �..;�• e.tom -.,, ,, Exhibit ---------- f '.-•- II It ,i------------IJ I ;`_,3 . .• mss: :w u 1 i�r it .1 Li U "j/ .31C t r • n n I ' Or---.('--- : i i-/ .i if- D d :1 1L.../ i I ' �r i� "' r '..\' 's i I U I t _: L ---ii r.- -it -.' �'' \` `.`•• ,. 1 1 _�_ •-r!•o�^ T I � � i �r. ,_ r�� 6••.` l ..• •v ,•�14•'��J,.-}r t_ )• I. i f,''^^�� . 4„; `. ♦` y" 1. / • !1. ..rte:: ;. --- - 1 _ -�.�-'r i ice'. i .\ �� ♦_\\ Fuv- -0.._• JR_51`urmix-RDA- .�- - -6- -' •- ,.• / i 1 —• '.•\ ..`i ,'\"[ C.1 zr TO•:} _ -" - ;yf " \1}II . 1 I yv ft ^♦ :. ```'` • `♦•\s 1 • I \/''1 s'��__ �, I / / ,c•. `•\ -i s`'.`.r� ♦•.`• .. ` Si Iny j f, ,,.�. 2• w♦♦ `•, - CSitil �''• ti ' I � :. i i/ I.---y /. 0 50 Tao if 0 City-owned luminaires-State maintenance&operation responsibility SCALE IN \. \ NO. ISSUE DATE ISSUE RECORD•DESCRIPTION OESIGNEO BY ENTERED BY CHECKED BY DESIGN1IGuo Sure S w ESM. ,,„R, 4". QA ' 17405 CORRIDOR I I ti TO SR 169 IL-0-09 o ��� • -\ DESIGN-BUILDERS TASK LEAD: w n, ! '�/ STAGE 2-WIDENING PACKAGEo.INORFOR: a aR :• ,a• fy Washof Stabs AND SR 615 INTERCHANGE -- vAouDE: '01L Department` of Transportation v o unolm RELEASED FOR CONSTRUC1gN•a•R RWIDGETT RGEGRGE D.MORRaw 7624 1:1'L ILLUMINATION PLAN RFC -2B -IL ,..,. r 11 MOM 'NUL DESIGN-]a RMUDGETT R.GEORGE 0.MORFORD .a nur.. • • Exhibit D Supplement Template GM 1557 Supplement No. ( ) Luminaire Addition or Deletion This Supplement No. ( )to Agreement GM 1557 is to add or delete certain luminaires as further provided herein and is made and entered into between the Washington State Department of Transportation, hereinafter the "STATE," and the City of Renton, hereinafter the "CITY." WHEREAS, the CITY and the STATE entered into Agreement GM 1557, City and State Operation and Maintenance of State-Owned and City-Owned Luminaires, executed (Month, Day, Year) for the operation and maintenance of luminaires, hereinafter the "Agreement;" and WHEREAS, the Parties hereto agree to add and/or delete certain luminaires, pursuant to the provisions of Section 4.1 of the Agreement. NOW, THEREFORE: Luminaire Addition or Deletion The work proposed under this Amendment shall consist of either the addition or deletion of luminaires as identified on page 2 of this Amendment No. z. Effective Date The effective date to begin or end operation and maintenance of the luminaires identified on page 2 of this Amendment No. z is [month day, year]. IN WITNESS WHEREOF, the Parties have executed this Amendment No. z as of the Party's date signed last below. WASHINGTON STATE DEPARTMENT OF TRANSPORTATION LOCAL AGENCY By: By: NW Region Maintenance Engineer Title: Date: Date: Page 1 of 2 GM 1557 Exhibit D A&D Amendment Template GM 1557 Supplement No. ( ) Luminaire Addition or Deletion Add Luminaire Service or Number Ownership; Description; Location SR MP Agreement No. Delete Addition = A; Deletion = D Page 2 of 2 Exhibit E Supplement Template Agreement GM 1557 Supplement No. ( ) Luminaire Repair or Replacement This Supplement No. ( ) to Agreement GM 1557 is for the repair or replacement of luminaires as further provided herein and is entered into by and between the Washington State Department of Transportation, hereinafter the "STATE," and the City of Renton, hereinafter the "CITY." WHEREAS, the CITY and the STATE entered into Agreement GM 1557, City and State Operation and Maintenance of State-Owned and City-Owned Luminaires, executed (Month, Day, Year)for the operation and maintenance of luminaires, hereinafter the "Agreement;" and WHEREAS, one of the Parties proposes to supplement the Agreement pursuant to Section 4.2 by including certain work that is not covered under Sections 2.1.1 and 3.1.1, Provide Routine Operation and Maintenance, or Sections 2.1.2 and 3.1.2, Provide Emergency Maintenance; and WHEREAS, either the CITY or the STATE agrees to perform the work at the proposing Party's sole cost and expense. NOW, THEREFORE: Luminaire Repair or Replacement The work proposed under this Supplement is described on the attached sheet and the proposing Party agrees to reimburse the other Party for the actual direct and related indirect costs associated with this work pursuant to the provisions of Section 6.0, RECONCILIATION, INVOICING, PAYMENT, AND RECORDS, of the Agreement. Effective Date The effective date to start the attached Luminaire Repair or Replacement work is [Month Day, Year]. IN WITNESS WHEREOF, the Parties have executed this Supplement No.( ) as of the Party's date last signed below. WASHINGTON STATE DEPARTMENT OF TRANSPORTATION CITY OF RENTON By: By: NW Region ARA Maintenance Title: Date: Date: Page 1 of 2 Exhibit E R&R Supplement Template GM 1557 Supplement No. z Luminaire Repair or Replacement Repair Luminaire Service or Number Ownership; Description; Location SR MP Agreement No. Replace Page 2 of 2