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HomeMy WebLinkAbout4547 Cont.ract. Number: VendoI': Subject: Department: EiJ.e Clas so:. Begin Date: End Date: Review Date: Vault Date: Comments: 454_7 KITSAP CO EUBLTC WORKS Inspection - 11th Street Bridge Engineering LEG 12.-1_ 01/23/2006 12/31/2008 02/15/2010 01/01/2010 INTERlOCAl AGREEMENT KC 596-05 FOR PROFESSIONAL SERVICES BETWEEN KITSAP COUNTY AND THE CITY OF BREMERTON I. PREAMBLE This Interlocal Agreement (hereafter "AGREEMENT") is by and between Kitsap County (hereafter "COUNTY") whose principal offices are' located at 614 Division Street, Port Orchard, WA, 98366 and the City of Bremerton (hereafter "CITY") whose principal offices are located at 3027 Olympus Drive, Bremerton, WA, 98337. II. RECITALS The Washington State Department of Transportation (WSDOT) requires that the CITY comply with the National Bridge Inspection Standards (NBIS) as issued by the Federal Highway Administration (FHWA). WSDOT requires all local bridges to be inspected a minimum of every two years throughout their life spans by qualified personnel. The inspection is to be performed in accordance with the requirements, and in the report format, as defined in the Washington State Bridge Inspection Manual. Inspection information supplied to the WSDOT will be utilized to calculate a sufficiency rating for the bridge. The sufficiency rating is used as a basis for establishing eligibility and priority for replacement and rehabilitation of bridges with the FHWA. The CITY has requested that the COUNTY complete the required inspection for the 11th Street bridge over Cambrian Avenue for the purposes of meeting these WSDOT and FHWA inspection and sufficiency rating requirements and the COUNTY is committed to providing that service. The inspection data gathered by the County is not intended to warrant the structural or load capacity, hydraulics, geometric configuration, seismic stability, life span, or identify latent or dangerous conditions associated with the bridge and its associated features, The COUNTY and CITY desire to enter into an AGREEMENT for performing these tasks. The COUNTY will be reimbursed by the CITY for true costs incurred to perform these services as provided below. The Interlocal Cooperation Act, R.C.W. 39.34, further authorizes the parties hereto to enter into this AGREEMENT. ACCORDINGl Y, THE PARTIES AGREE AS FOllOWS: III. AGREEMENT 1. Purpose The purpose of this AGREEMENT is to provide a mechanism for the COUNTY to provide reimbursable NBIS inspection, analysis and Washington State Bridge Inventory System (WSBIS) documentation services required for the CITY to comply wit.h the FHWA standards. 2. Scope of Work 1 The COUNTY shall provide the CITY with all inspection duties and services on the 11th Street Bridge necessary for the CITY to meet the WSDOT and FHWA bridge inspection requirements outlined above. Services performed by the COUNTY under this agreement includes all inspection, equipment, traffic control and administrative support required to meet said requirements. COUNTY shall complete required inspection and reporting on a biennial basis and provide the CITY with WSBIS inspection report and subsequent Sufficiency Rating. TWO complete inspection and reporting cycles (2006 and 2008) are included in this AGREEMENT. 3. . County Representative Jonathon Brand, P.E. Kitsap County Department of Public Works 614 Division Street, MS-26 Port Orchard, WA 98366-4699 (360) 337-5777 4. City Representative Luke Korpi, P.E. City of Bremerton Department of Public Works and Utilities 3027 Olympus Drive Bremerton, WA 98337 (360) 473-5342 5. Reimbursement CITY shall reimburse COUNTY only for actual incurred costs upon presentation of a properly executed invoice in a form approved by the CITY. The sum of COUNTY'S reimbursement requests during the duration of this Agreement shall not exceed Three Thousand and Five Hundred Dollars ($3,500.00). Reimbursement requests shall not be made more frequently than once every two years. CITY reserves the right to withhold payments pending timely delivery of progress reports or documents as may be required under this AGREEMENT. CITY shall reimburse COUNTY within 30 days of receipt of a properly executed COUNTY invoice. 6. Documentation of Costs and Maintenance Records COUNTY shall maintain all books, documents, receipts, invoices, and records including payroll records necessary to sufficiently and properly reflect the expenditure of CITY funds. The accounting records must provide for a separate recording and reporting of all receipts and expenditures related to this AGREEMENT. Financial records pertaining to matters authorized by this AGREEMENT are subject to inspection and audit by representatives of CITY or the State Auditor upon request. Financial records shall be preserved and made available to CITY and its agents for a period of six (6) years after the end of this AGREEMENT or, in the event of an audit, records shall be kept until the audit is completely resolved. 2 7. Assignment COUNTY shall not assign or subcontract any portion of the services provided within the terms of this AGREEMENT without obtaining prior written approval of CITY. All terms and conditions of the AGREEMENT shall apply to any approved subcontract or assignment related to this AGREEMENT. 8. Nondiscrimination CITY and COUNTY agree to comply with all applicable local, state, and/or federal laws and ordinances, and agree that they shall not discriminate in their employment practices or delivery of services or other activities on the grounds of race, color, religion, national origin, age, sex, marital status, veteran status, sexual orientation, or the presence of any sensory, mental or physical handicap. 9. Compliance with Laws COUNTY shall comply with all federal, state, and local laws, statues, ordinances, rules, and regulations applicable to the performance of this AGREEMENT. COUNTY agrees to comply with all the provisions of the Americans With Disabilities Act and all regulations interpreting or enforcing such act. 10. Indemnitv It is understood and agreed that this 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 a result of this AGREEMENT. Each party hereto agrees to be responsible and assumes liability for its own negligent acts or omissions, or those of its officers, agents, or employees to the fullest extent required by law, and agrees to save, indemnify, defend, and hold the other party harmless from any such liability. In the case of negligence of both COUNTY and CITY, 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. This indemnification clause shall also apply to any and all causes of action arising out of the performance of work activities under this AGREEMENT. 11. Insurance - Workers Compensation COUNTY agrees to comply with all State requirements to Workers Compensation Insurance. 12. Amendments to Agreement The parties hereby further agree that this AGREEMENT cannot be amended or modified without the written concurrence of both parties. 13. Termination 3 Either party to this AGREEMENT may elect to terminate this AGREEMENT for any reason by delivering a thirty (30) day written notice of intent to terminate to the other party. In the event of such termination, the COUNTY shall be compensated for the actual costs incurred prior to the time of notification of contract termination. 14. Duration of Aareement This AGREEMENT is in effect from the date signed by both parties, through December 31,2008. EXECUTED THIS HrMAY OF J /1 N~ CITY OF BREMERTON Mayor J~. 9- 0.5 Date APPROVED AS TO FORM: ~(~ RO A. LUBOVICH CITY ATTORNEY o 200.5: KITSAP COUNTY BOARD OF COUNTY COMMISSIONERS ~~ Chris Endresen, ~issjoner ATTEST: 4