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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
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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.
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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
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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:
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