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Home My WebLink About4579 Vendor Subject Department Status Code Amount Begin Date End Date Review Date Insurance Comments Contract Number 4579 WASHINGTON MILITARY DEPARTMENT Reimbursement - Waterline - W650 Pressure Zone Engineering GOV File Class LEG 12-1 $400000.00 08/18/2005 12/31/2005 02/15/2007 GL $ AL $ E&O $ Insurance Total $ Insurance Review Date Hold Harmless Document not recorded Recording cover sheet requested 8/05 - not received Vault 01/01/2007 INTER-AGENCY AGREEMENT REGARDING UTILITY (WATERLINE) CONSTRUCTION (West 650 Pressure Zone) THIS INTER-AGENCY AGREEMENT is entered into between the Washington Military Department ("WMD"), located and doing business at Camp Murray, Building #1, Washington 98430-5000 and the City of Bremerton, a Washington municipal corporation, located and doing business at 239 Fourth Street, Bremerton, Washington 98337 ("City"). RECITALS WHEREAS, the City is constructing a group of projects collectively known as the West 650 Pressure Zone (W650); and WHEREAS, the City W650 project included a water main extension, a reservoir and a pump station, and the WMD desires to build office facilities, known as the Bremerton Readiness Center, adjacent thereto; and WHEREAS, the WMD and the City have determined that the costs for both parties could be reduced if construction of the water improvements for the Bremerton Readiness Center facilities is managed by the City and the WMD reimburses the City. NOW, THEREFORE, in consideration of the terms, conditions, covenants, and performances contained herein, or attached and incorporated and made part hereof, it is mutually agreed by the WMD and the City as follows: AGREEMENT A. WASHINGTON MILITARY DEPARTMENT'S OBLIGATIONS 1. If the WMD contracts other construction work to be completed on the site of work of the utilities contemplated under this Agreement, the WMD will include a clause in their construction contracts that requires their contractor to coordinate its work with the City's contractor and others who may be operating on the same site at the same time. 2. The WMD shall reimburse the City four hundred thousand dollars and no cents ($400,000) for the construction of the Reservoir, Pump Station, and Water Distribution Main. This payment is in lieu of General Facilities fees, Front Footage Fees and Tapping and Connection fees. 3. Within thirty (30) days following the execution of this Agreement the WMD shall make payment to the City. B. THE CITY OF BREMERTON'S OBLIGATIONS: Inter-Agency Agreement 1 15 March 2005 1. The City of Bremerton will complete or contract for all construction work for the Water Main extension, Reservoir, and Pump Station for the W-650 Zone as identified in the construction plans and specification. Bremerton will manage the project by use of its staff resources and by use of consultants determined by the City to be appropriate for the project. 2. The City will assume the lead role in construction phase of the Water Main extension, Reservoir and Pump Station, and will advertise the project, either as a single complete project or in various construction sequences or segments, for construction bids and will provide construction project management through physical completion, and final acceptance. The City maintains complete control over schedule, means and methods. 3. The City will provide inspection reports, daily reports, pay estimates and other normal construction reports generated during the project to the WMD upon request. . C. MISCELLANEOUS 1. Governing Law. This Agreement shall be governed and constructed in accordance with the laws of the State of Washington. If any disputes arise between the WMD and the City under any of the provisions of this Agreement, resolution of that dispute shall be available only through the jurisdiction, venue and rules of the Kitsap County Superior Court, Kitsap County, Washington. 2. Modification. No wavier, alteration, or modification of any provision of this Agreement shall be binding unless in writing and signed by a duly authorized representative of each party. 3. Severability. If anyone or more sections, subsections or sentences of this Agreement are held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portions of this Agreement and the remainder shall remain in full force and effect. 4. Entire Agreement. Written provisions and terms of this Agreement, together with any attached exhibits, supersede all prior verbal statements by any representative of either party, and those statements shall not be construed as forming a part or altering in any manner this Agreement. This Agreement and any attached exhibits contain the entire Agreement between the parties. Should any language in any exhibit to this Agreement conflict with the language contained in this agreement, the terms of this Agreement shall prevail. 5. Indemnification. The WMD shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any claims, injuries, damages, losses or suits including all legal cost and attorney fees, arising Inter-Agency Agreement 2 15 March 2005 out of or in connection with the performance of this Agreement, to the extent caused by the WMD's negligence. The City shall defend, indemnify and hold the WMD, its officers, officials, employees, agents and volunteers harmless from any claims, injuries, damages, losses or suits including all legal cast and attorney fees, arising out of or in connection with the performance of this Agreement, to the extent caused by the City's negligence. 6. Insurance. The parties to this Agreement are public entities, which are self- insured for the purposes of this Agreement. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages to property caused by or resulting from the concurrent negligence of the WMD and the City, its officials, employees, agents and volunteers, the WMD's liability hereunder shall be only to the extent of the WMD's negligence. 7. Recordation. This Agreement shall be recorded by the City Clerk with the Auditor of Kitsap County. Dated this / $Xi.) day of tfv-rtd, 2005. CITY OF BREMERTON (AnPaJ(/~ By: t::::-z ~ r Cary Bozeman Mayor City of Bremert WASHINGTON MILIT AR Y DEP ARTMENT Attested By: Paula Johnston City Clerk State of Washington ) ) ss: Pxe~e Countyof~~ ) I certify that I know or have satisfactory evidence that{irmo~#-t' -..:r UJf,A)t,JJB~is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the~J--GUd-Q,I\IA~/.DI,iec:"'rof the Washington Military Department, to be free and voluntary act of said party for the uses and purposes mentioned in the instrument. Dated this ~ lj.. day of ApA.~L , 2005. Inter-Agency Agreement 3 15 March 2005 ............,"",\ _--- ~~ . s. .., - ~~ ,"'''N''''. ~~" - "dO l:'~'1 - ,,~:-~..., -.J' .., , ~ :-~ "h ~~ ~ " o ij ~ '1I,f'~ ~~ ~ ::" ::!It: . _ :: " '''' - (.).. , , \, ~U~~ j ;e : , "" 6'08.'i)~ ,,- ~O - , ~, ,'I'A- , ~ '\\1\\'\",.... ~~ - " ' ~~- -- Nota'r~ s.~~~ ~ust-appear within this box. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year above written. ~~.~ Printed Name: ~-rt+E,re.r,AJ G /1-1. .s- G",J.-J NOTARY PUBLIC, in and for the State Washington, residing at "I ~ n--. ~ My appointment expires /..Q -oQ -0"5 APPROVED AS TO FORM: ~~~--~~ ~ City Attorney City of Bremerton ~ i1J. ~ J-Nl-{)5 S ncer W. Damels Assistant Attorney General State of Washington M~r CPT, JAG, WAARNG Staff Judge Advocate Inter-Agency Agreement 4 15 March 2005 ,../\ " \,.'" ,.0\,