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Home My WebLink About4593 Contract Number: 4593 Vendor: TRANSPORTATION - DEPT OF (WA STATE) Subject: SR304 Pedestrian/BTC Access Improvement Project Department: Police File Class: LEG 12-1 Begin Date: 12/04/2006 End Date: 06/30/2009 Review Date: 02/15/2011 Vault Date: O1/O1/2011 Comments: Amendment #1-6/08 Termination upon project completion .' City of Bremerton Police Assistants GCA-5041 Amendment No.1 This Amendment No. 1 is made and entered into between the STATE OF WASHINGTON, Department of Transportation, hereinafter the "STATE," and the City of Bremerton, 345 6th Street Suite 600, Bremerton W A 98337, acting through its Police Department, hereinafter the "CITY." WHEREAS, the PARTIES hereto entered into original Agreement GCA-5041 on the 4th day of December, 2006 for the transportation facilities known as SR 304, Downtown Bremerton Pedestrian/Bremerton. Transportation Center (BTC) Access Improvement Project, and WHEREAS, the original Agreement provided for traffic control assistance on the detour route within the CITY's jurisdiction during the STATE's proj ect, and WHEREAS, the original estimated cost of the CITY providing traffic control assistance on the detour route within the CITY's jurisdiction during the STATE's project was underestimated and needs to be increased, NOW, THEREFORE, by virtue of chapter 39.34 RCW and in consideration of the terms, conditions, covenants, and performances contained herein, or attached and incorporated and made a part hereof, IT IS MUTUALLY AGREED AS FOLLOWS: 3. PAYMENT AND RECORDS Section 3.2 is herby deleted and replaced with the following: The estimated total cost for work to be performed by the CITY at the STATE's e~pense is $205,700.00. Rates to be billed are commensurate with an individual police officer's regular pay rate. Currently, the range of rates established at an amount payable for a patrol officer is $25.58/hr. to $36.39/hr. for standard hours worked ~d $38.36/hr. to $54.58/hr. for overtime hours worked. The range of rates established at an amount payable for a sergeant is $36.03/hr. to $39.97/hr. for standard hours worked and $54.05/hr. to $59.96/hr. for overtime hours worked. In the event the police officers are provided an hourly rate increase for either standard or overtime hours, these maximum values may be accordingly GCA-5041 Amendment No. 1 Page 1 of2 ~ ". :r~ ':"~.::i:S7".JJ.;2-;-~--':':. 'i"....;.;i5:_-:::i...~~~i:"2-i::;:$,~.;:'7S.C~7-~~~~~~.~E~~~~=~~~~~!...~~~~..:;=---=,~~-:=O<~---.:..,....~~~~- ~=~-==;~ adjusted by the CITY. These rates include all associated labor, equipment and vehicle costs. All other terms and conditions of the original Agreement GCA-5041 shall remain in full force and effect except as modified by this Amendment No.1. IN WITNESS WHEREOF, the PARTIES hereto have executed this Amendment No.1 as of the date last below written. CITY OF BREMERTON STATE OF WASHINGTON DEPARTMENT OF TRANSPORTATION By: s~~ ~: ~ya"-{ ~ Cary Bozeman, Mayor' Kevin J. Dayton, Region Administrator Date: 6- 9-0P Date: 1U~ It;. / ?~-- APPROVED AS TO FORM: By:_~_~tLrlc", /. Assistant Attorney General ' 6 Date: Date: 5~~)3.-oR GCA-5041 Amendment No. 1 Page 2 of2 Vendor Subject Department Status Code Amount Begin Date End Date Review Date Insurance Comments Contract Number 4593 TRANSPORTATION, DEPT SR304 Pedestrian/BTC Police GOV OF (WA STATE) Access Improvement Project File Class LEG 12-1 $25000.00 12/04/2006 06/01/2008 GL $ AL $ E&O Insurance Total $ Insurance Review Date Termination upon project completion City of Bremerton Police Assistants GCA-5041 THIS AGREEMENT is made and entered into this 4. r!! day of I".:.>ciCi#I"?i3er< , 2006, between the STATE OF WASHINGTON Department of Transportation, hereinafter the "STATE," and the City of Bremerton, 345 6th Street Suite 600, Bremerton W A 98337, acting through its Police Department, hereinafter the "CITY." WHEREAS, the STATE has a project for road work on SR 304, known as - SR 304, Downtown Bremerton PedestrianlBremerton Transportation Center (BTC) Access Improvement Project, and WHEREAS, this project will detour traffic to streets within the CITY jurisdiction, and WHEREAS, the STATE, in order to help assure the safety of the traveling public, may request the CITY to provide traffic control assistance on the detour route within the CITY's jurisdiction during the STATE's project, NOW, THEREFORE, by virtue of chapter 39.34 RCW and in consideration of the terms, conditions, covenants, and performances contained herein, or attached and incorporated and made a part hereof, IT IS MUTUALLY AGREED AS FOLLOWS: 1. GENERAL 1.1. The CITY shall furnish uniformed police officers, vehicles and associated equipment to assist the STATE in traffic control when requested by the STATE. I 1.2 The STATE's contac~ for this AGREEMENT will be the STATE's Project Engineer assigned the project administration or his/her designee. 1.3 The STATE's Project, Engineer or his/her designee shall provide to the CITY's Police Chief a written request,' describing the nature of traffic control required. 1.4 The police officers provided by the CITY shall be under the sole direction, management and control ofthe CITY's Police Chief or his/her designee and shall perform the traffic control duties for the STATE's project as requested under the terms of this GCA-5041 Page 1 of4 AGREEMENT in a manner consistent with CITY policy, applicable state and local laws and the Constitutions of the State of Washington and the United States. 1.5. Assignment of personnel to accomplish the traffic control duties requested under this AGREEMENT shall be at the sole discretion of the CITY's Police Chief or hislher designee. 1.6 The STATE agrees to provide the CITY a minimum of five (5) working days written notice when traffic control assistance is required. 2. TERM OF AGREEMENT 2.1 This AGREEMENT shall terminate upon completion of the STATE's - SR 304, Downtown Bremerton PedestrianlBremerton Transportation Center (BTC) Access Improvement Project, except for those provisions herein noted. 3. PAYMENT AND RECORDS 3.1 The STATE, in consideration of the faithful performance of the traffic control assistance work to be done by the CITY, agrees to reimburse the CITY for the actual direct and related indirect costs of the work; provided, however, that when the STATE requires the CITY's traffic control assistance for less than a four (4) hour period, the CITY shall be reimbursed for a full four (4) hour period. 3.2 The estimated total cost for work to be performed by the CITY at the STATE's expense is $25,000.00. Rates to be billed are commensurate with an individual police officer's regular pay rate. Currently, the range of rates established at an amount payable for a patrol officer is $25.58/hr. to $36.39/hr. for standard hours worked and $38.36/hr. to $54.58lhr. for overtime hours worked. The range of rates established at an amount payable for a sergeant is $36.03/hr. to $39.97/hr. for standard hours worked and $54.05/hr. to $59.96/hr. for oyertime hours worked. In the event the police officers are provided an hourly rate increase for either standard or overtime hours, these maximum values may be accordingly apjusted by the CITY. These rates include all associated labor, equipment and vehiclecosts. I 3.3 The CITY agrees to iJvoice the STATE, providing supporting documentation for I charges billed. Invoices and/or payments shall not exceed one per month. The STATE agrees to make payment within 30 days of the date of invoice receipt. GCA-5041 Page 2 of4 3.4 The CITY agrees to sJbmit a final bill to the STATE within thirty (30) days after, notification by the STATE that CITY's services for traffic control assistance are no longer required. 3.5 During the progress of the work and for a period not less than three (3) years from the date of the final payment to the CITY, the records and accounts pertaining to the work under this AGREEMENT and accounting therefore are to be kept available for inspection and audit by the STATE and/or the Federal Government and copies of all records, accounts, documents, or other data pertaining to this AGREEMENT work will be furnished upon request. 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 3-year retention period. 4. INDEMNIFICATION AND HOLD HARMLESS 4.1 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 property), arising out of, or in any way resulting from, each P ARTY's intentional or negligent acts or omissions while acting pursuant to the provisions of this AGREEMENT. No PARTY will be required to indemnify, defend, or save harmless the other PARTY if the claim, suit, or action for injuries, death, or damages (both to persons and property) is caused by the sole negligence of the PARTY, its officers, officials, employees, or agents. Where such claims, suits, or actions result from concurrent negligence of the PARTIES and their officers, officials, employees, or agents, the indemnity provisions provided herein shall be valid and enforceable only to the extent of the PARTY's, its officers', officials', employees' , or agents' own negligence. 4.2 This indemnification shall survive any termination of this AGREEMENT. 5. VENUE 5.1 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. GCA-5041 Page 3 of4 ,", . ~.. 6. MODIFICATIONS 6.1 Any modification to the terms and conditions of this AGREEMENT shall be made by written amendment to this AGREEMENT signed by both PARTIES. IN WITNESS WHEREOF, the PARTIES hereto have executed this AGREEMENT as of the day and year first above written. By: Cary Bozeman, Mayor Date: //- Z /-&6 APPROVED AS TO FORM: By;t;-I City Attorney Date: / J ;Iz, /0 G:. / / STATE OF WASHINGTON DEPARTMENT OF TRANSPORTATION BY~~~'V .. Randall A. Hain, Region Administrator Date: /Z. 4-. 6~ APPROVED AS TO FORM: By: L~s~ Assistant Attorney General Date: I 1--- / l{.-oy GCA-5041 Page 4 of 4