DocuSign Envelope ID: F2ED2541-AB31-4685-B900-DA4E04DA331F COMMUNITY TRANSIT Contract Submittal and Routing Sheet
Use next Routing # in Tracker I:\Contract Contract Routing No. 20049 Routing\
Name of Agency Entering into Contract with Community Transit: WSDOT Contract Description Enter Procurement # if applicable MOU - 148th ST Queue Jump Operational Support
Length of Contract Term: N/A Expiration Date: N/A Contract Cost: $ NTE $5000 Funding Source: Acct Fund Dept ID Project
Contract Revenue: If contract has revenue, please check “Yes” in $ Copy to Accounting section below.
Type of Contract (Check Appropriate Box): Was Board Action Required? Bid / Proposal Professional/Personal Yes Funding Agreement / Services Agreement Date of Board Action & Reso #: Grant Purchase (land, equipment, X No X Interlocal Agreement etc.) Labor Agreement Room Rental / Catering* Lease Ticket / Pass Outlet Copy to Accounting? Maintenance Agreement Other: Yes CC [email protected] ORCA X No
Routing for Approval and Signatures
Project Manager: Diane Blonski Date: 8/11/2020 | 4:23 PM PDT
Supervisor / Manager: De Tapia Date: 8/12/2020 | 6:49 AM PDT
Supervisor / Manager: Rob Jensen Date: 8/11/2020 | 4:16 PM PDT Procurement & Contracts Kunjan Dayal Date: Manager*: 8/11/2020 | 5:20 PM PDT ☐ Approved as to Form Legal Counsel: Date: ☐X Hendricks / Bennett Approved per attached e-mail Department Head: Date: Up to $100,000 Tim Chrobuck 8/12/2020 | 4:26 PM PDT Chief Executive Officer: ☐ N/A Date: Over $100,000 ☐X Emmett Heath 8/12/2020 | 4:58 PM PDT All contracts on behalf of the Corporation shall be signed by the Chief Executive Officer or designee.
Return Contract To: Chad Jorissen Sent on behalf of/return to Diane Blonski * Dept. Head, or their designee, have signature authority up to $10,000 for catering, room rentals, etc. for on-site and off-site meetings and events. The Manager of Procurement and Contracts is not required to review and concur on contracts valued at less than $10,000 for catering, room rentals, etc. For Final 1 original for CT contract files, include original routing sheet (return to Admin AAII) Processing of fully 1 original copy for each signatory party with whom CT is contracting (please indicate if you or the Admin II is to executed contracts, send an original copy to the contractor) please include: * 1 copy of ALL REVENUE AGREEMENTS to [email protected] DocuSign Form Updated: 01/22/2020 700-Purchasing Contract Routing Sheet DocuSign Envelope ID: F2ED2541-AB31-4685-B900-DA4E04DA331F
To: Emmett Heath
From: Diane Blonski, IT Project Assistant
Cc: Rob Jensen, Sr. Program Manager
Date: 8/11/2020
Subject: Memorandum of Understanding between Community Transit and WSDOT
BACKGROUND The project to replace the end-of-service life Transit Signal Priority equipment at the 148th Street queue jump was approved by the Community Transit Board of Directors in 2019. The project is in support of the Swift Blue Line service and requires the installation of GPS equipment on the entire Swift fleet. This effort also includes the installation of intersection controller hardware, software and antenna by WSDOT. Once the project is complete, WSDOT will need to provide ongoing operational support of the queue jump in coordination with Community Transit. WSDOT requires a Memo of Understanding (MOU) to be in place with Community Transit in order to do this.
STATUS WSDOT has agreed to sign the MOU outlining operational support of the 148th Street queue jump once authorization by the Community Transit CEO is obtained.
RECOMMENDATION CEO authorization of the MOU is recommended in order to complete the agreement needed before WSDOT can begin supporting the queue jump.
DocuSign Envelope ID: F2ED2541-AB31-4685-B900-DA4E04DA331F
MEMORANDUM OF UNDERSTANDING Washington State Department of Transportation and Community Transit
This Memorandum of Understanding (MOU) is made and entered into by and between the Washington State Department of Transportation, hereinafter “WSDOT,” and Community Transit, hereinafter “CT,” each of which entity may be referred to hereinafter as the “Party” or collectively as the “Parties.”
I. PURPOSE The intent of this MOU is to document the mutual understanding the Parties have reached regarding the operational support of CT owned bus queue jump equipment at the 148th ST SW and SR 99 intersection northbound, as defined in Exhibit A.
The Parties have a vested interest in providing the safest and most efficient traffic flow through the 148th ST SW and SR 99 intersection northbound to serve the travelling public while also maintaining Bus Rapid Transit (BRT) performance. This MOU establishes the operational support for CT owned intersection equipment and defines responsibilities for costs incurred.
II. MODIFICATION, AMENDMENTS and TERMINATION
This MOU can be modified and amended only by an instrument in writing and duly executed by authorized personnel of both Parties. Either Party may terminate this MOU for any reason by providing sixty (60) days written notice to the other Party.
III. EQUIPMENT AND LOCATION The following CT owned equipment is installed at the 148th ST SW and SR 99 intersection northbound:
• Opticom GPS Antenna and Cabling • Opticom 764/768 Phase Selectors (supports both GPS and Infrared) The Opticom GPS antenna with cable is mounted on the mast arm closest to the WSDOT controller cabinet at the intersection. The Opticom GPS phase selector cards are installed in the WSDOT controller cabinet. WSDOT will route Infrared Low Priority through the CT owned Opticom Infrared Phase Selector. WSDOT will provide operational support for Infrared signal issues and will coordinate with CT for any Opticom equipment issues.
Page 1 of 4 MOU: 148th ST SW/SR 99 DocuSign Envelope ID: F2ED2541-AB31-4685-B900-DA4E04DA331F
IV. EQUIPMENT PURPOSE AND SUPPORT
The Opticom GPS equipment is designed to trigger the intersection traffic light when the coach operator turns on the left hand turn signal within the preset activation zone. This enables the operator to pull out ahead of traffic safely and maintain consistent headway on the Swift Blue Line (BRT). Federal grant money was used to install the bus queue jump and Community Transit is obligated to keep the queue jump functional.
Support for Opticom GPS equipment issues, software configuration, or warranty replacements will be provided by Advanced Traffic Products (ATP) in conjunction with CT. Troubleshooting of GPS signal issues at the intersection will be handled by WSDOT. Operational support of the intersection and bus queue jump equipment will be provided by WSDOT in conjunction with CT as outlined in Exhibit A.
V. CONTACTS AND SUPPORT
The principal contact for WSDOT to report issues with the queue jump is the CT Service Desk at [email protected] or 425-438-6100. If you are calling and it is outside of normal business hours (Monday through Friday, 7:00 a.m. – 5:00 p.m.), please leave a message. If you are calling to report an emergency, follow the stated prompts to alert the on-call technician.
The principal contact for CT to report issues with the queue jump to WSDOT is: Karen McKenzie, Signals Maintenance Superintendent, at 206-442-2119 (primary) [email protected]. Greg Wagner, Regional Traffic Operations Engineer, at 206-440-4397 (secondary) [email protected]. If you are calling and it is outside normal business hours (Monday through Friday 7:00 a.m. – 4:00 p.m.), please leave a message. If you are calling to report an emergency outside normal business hours, please call Northwest Region TMC (Seattle Radio) at 206-440-4490.
VI. FUNDING
CT agrees to pay WSDOT for WSDOT’s operational support of intersection equipment owned by CT and to fund an account for WSDOT’s operational support work for the life of this agreement in an amount not to exceed $5,000 unless authorized by CT.
VII. INDEMNIFICATION
The Parties shall protect, defend, indemnify, and hold harmless each other and their officers, officials, employees and/or authorized agents, while acting within
Page 2 of 4 MOU: 148th ST SW/SR 99 DocuSign Envelope ID: F2ED2541-AB31-4685-B900-DA4E04DA331F
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 MOU. 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 sole negligence of the other Party. Where such claims, suits, or actions result from the concurrent negligence of the Parties, their officers, officials, employees and/or authorized agents, or involve 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 the indemnifying Party, its officers, officials, employees and/or authorized agents. The Parties agree that their obligations under this section extend to any claim, demand and/or cause of action brought by, or on behalf of, any of their officers, officials, employees and/or authorized agents. For this purpose only, the Parties, by mutual negotiation, hereby waive, with respect to each other only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW. This indemnification and waiver shall survive the expiration or termination of this MOU.
VIII. BILLING
The principal contact for billing or funding of the WSDOT account is:
Leslie Forbis - Central Operations Supervisor | Phone: 206-440-4456 | [email protected] This MOU is executed as of the date of last Party signature and is effective for ten (10) years from that date at which time it will expire unless extended by written agreement of the Parties.
IN WITNESS WHEREOF, the Parties hereto have executed this MOU as of the Party’s date last signed below.
Community Transit Washington State Department of Transportation Sign and Date: Sign and Date:
8/12/2020 | 4:58 PM PDT
Emmett Heath Chief Mark Leth Executive Officer Assistant Regional Administrator Community Transit Traffic Management, Northwest Region
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EXHIBIT A to MOU (148th ST SW/SR 99)
Page 4 of 4 MOU: 148th ST SW/SR 99 DocuSign Envelope ID: F2ED2541-AB31-4685-B900-DA4E04DA331F
From: Diane Blonski [[email protected]] To: Chad Jorissen [[email protected]] Subject: FW: [EXTERNAL] RE: [Ex]:MOU 148th ST SW & SR 99 - Community Transit and WSDOT - Final Sent: Tue 8/11/2020 10:15 AM GMT-07:00 Importance: Normal
Hi Chad,
Below is the email with Matt approving the latest version, I hope this will work but if not, I can ask him to restate his approval more succinctly in a separate email if needed.
Thanks!
From: Matt Hendricks
**CAUTION: This email originated from outside of the agency. DO NOT click links or open attachments unless you recognize the sender’s email address AND are expecting the information. Questions? Contact the Help Desk.**
Not really sure why they made these changes as they don’t change anything so I’m ok. Curious why they deleted our full legal name and opted to use our “nick name”? I’m ok with processing as amended. Let me know if you need anything else -- Matt
Matthew R. Hendricks
Hendricks - Bennett, PLLC
402 Fifth Avenue South
Edmonds, WA 98020
(425) 775-2751
(425) 670-8138 FAX
DocuSign Envelope ID: F2ED2541-AB31-4685-B900-DA4E04DA331F
NOTICE - Information contained this transmittal is intended only for the individual or entity to which it is addressed and may contain privileged and confidential information. If you are not the individual named above, please be advised that any dissemination, distribution or copying of this information is strictly prohibited. If you receive this communication in error, or if the transmission is incomplete, please immediately delete and contact our office by reply email or call our office at (425) 775-2751. Thank you for your cooperation.
From: Diane Blonski
Hi Matt,
Awhile back we finished the MOU with WSDOT including their inputs and had you review it. Now that we sent the final for signatures, WSDOT wants to make additional changes so would you please review the document one last time, as they want to make changes to the legal verbiage? The changes are denoted in the attached Word doc so you can easily spot them.
Thank you!
From: Zimmermann, Lara
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Diane,
DocuSign Envelope ID: F2ED2541-AB31-4685-B900-DA4E04DA331F
I did a quick Annotated document with red added and green subtracted. It doesn’t show every change (i.e. spacing or layout and I may have missed a word or two) but this should enable a side-by-side.
We’ve been using “Community Transit” for a long time in our interlocal agreements. “Snohomish County Public Transportation Benefit Area Corporation” is an old name and per my research it’s no longer applicable. Is Community Transit still the current legal name? If so I suggest we keep “Community Transit” in the MOU.
The most significant change is to Indemnification. I made the terms consistent (see highlights) and called it an “MOU” (this is not an “Agreement”) and used tighter, more updated language. Sorry about the inconvenience per your legal review but I think you’ll see it was important to make the consistency changes and also add the word “other” in that one sentence.
Please let me know if you have any questions.
Thanks
Lara
From: Diane Blonski
WARNING: This email originated from outside of WSDOT. Please use caution with links and attachments.
Thanks Lara do you happen to know what the changes were as we may need our legal team to review it again? We had already sent it to WSDOT for inputs and then had it reviewed with our legal as we thought this already was the final version. I was also asked to have WSDOT sign it first but hopefully it won’t be an issue, I’ll let you know if it is.
Thanks!
DocuSign Envelope ID: F2ED2541-AB31-4685-B900-DA4E04DA331F
From: Zimmermann, Lara
**CAUTION: This email originated from outside of the agency. DO NOT click links or open attachments unless you recognize the sender’s email address AND are expecting the information. Questions? Contact the Help Desk.**
Hi Diane,
WSDOT has made some edits to the MOU. I converted it to a PDF so it would be ready for electronic signatures (WSDOT is doing this wherever possible as a consequence of recent events). I have the underlying Word document if more edits are needed.
If the MOU meets with Community Transit’s approval please ask Emmett Heath to sign electronically and have it emailed back to us. Mark Leth will then sign. We will be sure to provide you with the executed MOU.
Thank you.
Lara Zimmermann
Agreement Writer
WSDOT/NWR
Certificate Of Completion Envelope Id: F2ED2541AB314685B900DA4E04DA331F Status: Completed Subject: Please DocuSign: Contract Router MOU - WSDOT & CT - 148th ST Queue Jump Operational Support Source Envelope: Document Pages: 10 Signatures: 7 Envelope Originator: Certificate Pages: 5 Initials: 0 Chad Jorissen AutoNav: Enabled 7100 Hardeson Road EnvelopeId Stamping: Enabled Everett, WA 98203 Time Zone: (UTC-08:00) Pacific Time (US & Canada) [email protected] IP Address: 206.208.64.20
Record Tracking Status: Original Holder: Chad Jorissen Location: DocuSign 8/11/2020 4:04:09 PM [email protected]
Signer Events Signature Timestamp Chad Jorissen Completed Sent: 8/11/2020 4:09:15 PM [email protected] Viewed: 8/11/2020 4:09:29 PM
Sr. Procurement & SBE/DBE Specialist Signed: 8/11/2020 4:14:24 PM Using IP Address: 206.208.64.20 Community Transit
Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign
Kunjan Dayal Sent: 8/11/2020 4:14:27 PM [email protected] Viewed: 8/11/2020 5:19:02 PM Community Transit Signed: 8/11/2020 5:20:55 PM
Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 73.35.248.210 Signed using mobile Electronic Record and Signature Disclosure: Not Offered via DocuSign
Diane Blonski Sent: 8/11/2020 4:14:26 PM [email protected] Viewed: 8/11/2020 4:18:39 PM Community Transit Signed: 8/11/2020 4:23:32 PM
Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 206.208.64.20
Electronic Record and Signature Disclosure: Not Offered via DocuSign
De Tapia Sent: 8/11/2020 4:14:26 PM [email protected] Viewed: 8/12/2020 6:49:03 AM Community Transit Signed: 8/12/2020 6:49:29 AM
Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 206.208.64.20
Electronic Record and Signature Disclosure: Not Offered via DocuSign Signer Events Signature Timestamp Rob Jensen Sent: 8/11/2020 4:14:26 PM [email protected] Viewed: 8/11/2020 4:16:15 PM Community Transit Signed: 8/11/2020 4:16:40 PM
Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 206.208.64.20
Electronic Record and Signature Disclosure: Not Offered via DocuSign
Tim Chrobuck Sent: 8/12/2020 6:49:31 AM [email protected] Viewed: 8/12/2020 4:25:16 PM Chief Technology Officer Signed: 8/12/2020 4:26:19 PM
Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 206.208.64.20
Electronic Record and Signature Disclosure: Accepted: 8/12/2020 4:25:16 PM ID: f6930af6-63f5-4070-82ff-f94e3fcdf49a
Emmett Heath Sent: 8/12/2020 4:26:21 PM [email protected] Viewed: 8/12/2020 4:58:00 PM CEO Signed: 8/12/2020 4:58:16 PM
Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 206.208.64.20
Electronic Record and Signature Disclosure: Accepted: 8/12/2020 4:58:00 PM ID: ede82dda-8e3e-441b-8b4e-496ae0a689ab
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 8/12/2020 4:26:21 PM Certified Delivered Security Checked 8/12/2020 4:58:00 PM Signing Complete Security Checked 8/12/2020 4:58:16 PM Completed Security Checked 8/12/2020 4:58:16 PM
Payment Events Status Timestamps Electronic Record and Signature Disclosure Electronic Record and Signature Disclosure created on: 9/12/2019 2:52:52 PM Parties agreed to: Tim Chrobuck, Emmett Heath
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