HomeMy WebLinkAbout4571 Contract Number: 4571
Vendor: TRANSPORTATION - DEPT OF (WA STATE)
Subject: SR304 Downtown Pedestrian/BTC Access Improvement
Department: Engineering
File Class: LEG 12-1
Begin Date: 08/11/2006
End Date: 12/31/2009
Review Date: 02/15/2011
Vault Date: O1/O1/2011
Comments: Originals executed & returned to Engineering 8/11/06
#GCA-4927
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Washington State
Department of Transportation
Local Agency Organization and Address
Special Detour City of Bremerton
3027 Olympus Drive
Agreement Bremerton, WA 98310-4799
Agreement Number Section / Location.
GCA - 4927 SR 304, Downtown Bremerton Pedestrian/BTC Access Improvement
State Route Number Control Section Number Project, M.P. 2.63 to M.P. 3.51
SR 304
Region Description of Detour Route/Work
Olvmpic See Exhibit A, Sheets 1, 2, and 3, Detail of Detour Route
Intended Use (Haul Road or Detour Road) See Exhibit B, Description of Detour Route/Work / Cost Estimate
Detour Road
Vehicle Restrictions
None
THIS AGREEMENT is made and entered into this day of , between the STATE OF
WASHINGTON, Department of Transportation, hereinafter the "STATE," and the above named organization, hereinafter the "LOCAL
AGENCY."
WHEREAS, the STATE is planning the construction or improvement of a section of state' highway as shown above, hereinafter the
"Project," and
WHEREAS, during the construction of the Project it is planned to use the LOCAL AGENCY's streets, hereinafter "detour route," for the
purpose of detouring traffic route around the Project, as further detailed on Exhibit A, attached hereto and by reference made a part of
this AGREEMENT, and
WHEREAS, prior to construction, the STATE requests that the LOCAL AGENCY make certain improvements to the detour route, as
described in Exhibit B, attached hereto and by reference made a part of this AGREEMENT, and
WHEREAS, the improvements to the detour route will improve operational aspects of the detour route and thereby allow for the detour
route to function at an acceptable level of service,
NOW, THEREFORE, by virtue of RCW 47.28.140 and in consideration of the terms, conditions, covenants, and performances
contained herein, or attached and incorporated and made part hereof, IT IS MUTUALLY AGREED AS FOLLOWS:
1. GENERAL
1.1 The LOCAL AGENCY hereby agrees to the STATE's use of the detour route covered by this AGREEMENT in accordance with the
conditions contained herein.
1.2 The LOCAL AGENCY agrees to perform the work as described in EXHIBIT.8. Further, upon installation of the traffic equipment
provided herein, the LOCAL AGENCY shall become the sole owner of all such equipment and shall be solely responsible for its
maintenance during the term of the detour route.
2. PAYMENT OF DETOUR ROUTE IMPROVEMENTS
2.1 The STATE, in consideration of the faithful performance of the work to be done by the LOCAL AGENCY, agrees to
reimburse the LOCAL AGENCY for the actual direct and related indirect cost of the work as described in Exhibit B.
GCA - 4927
1
2.2 An itemized cost estimate for work to be performed by the LOCAL AGENCY at the STATE's expense is included in Exhibit B.
2.3 Partial payments shall be made by the STATE, upon the STATE's receipt of an itemized invoice from the LOCAL AGENCY to cover
costs incurred. Invoices are not to be sent more frequently than one (1) per month. It is Clgreed that any sUc;h partial payment by the
STATE will not constitute agreement as to the appropriateness of any item and that, at the time of the final invoice and payment, all
required adjustments will be made and reflected in a final payment.
2.4 The LOCAL AGENCY agrees to submit a final invoice to the STATE within forty-five (45) days after the LOCAL AGENCY has
completed the work.
3. EXTRA WORK FOR ROAD IMPROVEMENTS
3.1 In the event unforeseen conditions require an increase in the cost of 25 percent or more from that agreed to in the cost estimate on
Exhibit B, this AGREEMENT must be modified by written amendment covering such increase.
3.2 In the event it is determined that any change from the description of work contained in this AGREEMENT is required, approval must
be secured from the STATE prior to the beginning of such work. Where the change is substantial, written approval must be secured.
3.3 Reimbursement for increased work and/or a substantial change in the description of work shall be limited to costs covered by a
written modification, change order or extra work order approved by the STATE.
4. MAINTENANCE
4.1 Immediately prior to the beginning of the STATE's use of the detour route, the Parties to this AGREEMENT shall make a joint
inspection of the detour route and the STATE shall prepare a memorandum record of the existing condition of the detour route. The
memorandum record shall include a statement of the extent and frequency of LOCAL AGENCY's normal routine maintenance
operations performed on the streets to be used as the detour route. Photographs showing condition of the existing roadway may also
be taken by the STATE to be included as part of the memorandum record.
4.2 The STATE agrees to reimburse the LOCAL AGENCY for the cost of additional routine maintenance and repairs in excess of those
enumerated in the memorandum record made necessary by the STATE's Project. The reimbursement for such additional
routine maintenance and repairs shall be limited to the actual cost supported by proper records. Such costs are to be exclusive
of all administrative and overhead costs and all charges for small tools.
4.3 Upon completion of use of the detour route covered by this AGREEMENT, a final joint inspection shall be made by the Parties to
determine the condition of the detour route. All maintenance and/or repairs shall be based upon the conditions of the detour route at the
time of this final joint inspection, taking into account the existing conditions in the memorandum record.
4.4 It is expressly understood that the STATE shall be responsible only for the costs of the work, as described in EXHIBIT B and for
extra maintenance and repairs of the detour route occasioned by the Project use.
4.5 The LOCAL AGENCY agrees not to restrict below legal limits the size, weight, or speed of vehicles using the detour route covered
by this AGREEMENT.
5. ACCEPTANCE
5.1 Upon completion of the maintenance and/or repairs the STATE shall deliver a letter of acceptance to the LOCAL jl,GENCY for
signature. This letter will provide for the final acceptance by the LOCAL AGENCY of all maintenance andor repair of the detour route
associated with STATE use and shall release the STATE from any further obligation for maintenance or repair as identified by this
AGREEMENT. The LOCAL AGENCY will return one (1) signed original to the STATE.
6. DISPUTES
6.1 In the event that a dispute arises under this AGREEMENT, it shall be resolved as follows: The City of Bremerton Director of Public
Works and the Olympic Region Administrator shall each appoint a member to a disputes board, these two members shall select a third
member not affiliated with either Agency. The decision made by this board shall be final and binding on the Parties to this
AGREEMENT. The cost of the third member will be equally shared by both Parties.
GCA - 4927
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7. LEGAL RELATIONS
7.1 Each Party to this AGREEMENT shall protect, defend, indemnify, and save harmless the other Party, its officers, officials,
employees, and 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 negligent acts or
omissions. No Party will be required to indemnify, defend, or save harmless the other Party if the claims, suits, or actions for injuries,
death, or damages (both to persons and/or property) is caused by the sole negligence of the Party. Where such claims, suits, or
actions result from concurrent negligence of the Parties, the indemnity provisions provided herein shall be valid and enforceable only to
the extent of the Party's own negligence. This indemnification shall survive the termination of this AGREEMENT.
8. VENUE
8.1 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.
IN WITNESS WHEREOF, the Parties hereto have executed this AGREEMENT as of the day and year first above written.
LOCAL AGENCY
STATE OF WASHINGTON
DEPARTMENT OF TRANSPORTATION
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Ti, ..,.rtment of Trans,ortatlon
BREMERTON ACCESS IMPROVEMENTS
TRAFFIC CONTROL PLAN
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GCA 4927
Bremerton Detour Agreement
Exhibit A
Traffic Control Plan Page I of 3
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TEMPORARY DETOUR CHANNELIZATlON
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WRELESS ~DfO OEltCnCtl CAloIERA TO BE OEU\€RED TO
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CONSTRUCTION NOTES
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GCA 4927
Bremerton Detour Agreement
Exhibit A
Traffic Control Plan Page 2 of 3
BREMERTON ACCESS IMPROVEMENTS
INTERSECTION DETAILS
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CONSTRUCTION NOTES
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10 WASH.
Joe NUMBER
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REMARKS
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ANlWNA CABLE
GCA4927
Bremerton Detour Agreement
Exhibit A .
Traffic Control Plan Page 3 of3
BREMERTON ACCESS IMPROVEMENTS '::
INTERSECTION DETAILS TC2
l'
~
2
TEMPORARY CHANNELIZATION
SIGNAL PHASING AND TIMING
GCA-4927
Exhibit B
Description of Work
The City of Bremerton shall purchase and install traffic signal controllers and perform
other associated work at the locations identified in the following estimate, and plan sheets
(TC2, TC3) as shown in Exhibit A. The improvements/upgrades will provide for
improved traffic flow and operation of the specified detour route on city streets during the
construction of the STATE's Project, SR 304 - Downtown Bremerton PedestrianlBTC
Access Improvement Project.
Cost Estimate
Location
Burwell & Washington
Burwell & Washington
Quantity
1
1
Description
ASC-3 controller w/Ethernet
Encom 8130 wireless Ethernet system
6th & Washington
6th & Washington
ASC-3 controller w/Ethernet
Encom 8130 wireless Ethernet system
6th & Pacific
6th & Pacific
6th & Pacific
ASC-3 controller w/Ethernet
Encom 8130 wireless Ethernet system
5.8GHz Tango Falcon Wireless 4 camera system
6th & Park
6th & Park
6th & Park
6th & Park
ASC-3 controller w/Ethernet
Encom 8130 wireless Ethernet system
Signal cabinet TS1 W/ Load switches, Detectors,MMU
5.8GHz Tango Falcon Wireless 4 camera system
6th & Warren
6th & Warren
ASC-3 Master controller w/Ethernet
Encom 8130 wireless Ethernet system
City Hall
345 6th Street
Encom 8130 wireless Ethernet system (Master)
Burwell & Warren
Left turn arrow vehicle display head and labor
Misc. Signs/Pavement Markings
Subtotal Equipment
Labor: 210 hrs@ $40/hr
OH - 00166
Overhead Reciprocating Agreement w/City of
Bremerton
Total
Cost
$3,000
$2,800
$3,000
$2,800
$3,000
$2,800
$29,200
$3,000
$2,800
$13,000
$29,200
$3,000
$2,800
$3,200
$500
$1,500
$105,600
$8,400
$0
$114,000