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4688
BREMERTON, PORT OF
Street Improvement
PW Ops
LEG 12-1
02/13/2008
03/31/2008
02/15/2010
01/01/2010
Completed work is fully reimbursable
STREET IMPROVEMENT AGREEMENT
THIS AGREEMENT, is entered into between the Port of Bremerton, a Washington Port
Authority ("Port"),. and the City of Bremerton, a Washington Municipal Corporation
("Contractor").
The parties agree as follows:
1. CONTRACTOR SERVICES. The Contractor shall perform the following
services for the Port: Contractor will supply labor and equipment to the Port to install switch
vaults, j-vaults, transformer vaults and conduits on the City of Bremerton right of way on or near
2nd Street in Bremerton, Washington as directed by the Port and for the purpose of installing
electric utilities for the Port expansion project. All vaults and conduits will be owned by Puget
Sound Energy and provided by the Port. Installation of all vaults and conduits will be installed
as per Puget Sound Energy standards and drawings supplied. Contractor will also provide labor,
equipment and material to restore the right of way to conform with the City of Bremerton's
standards and specifications.
2. TIME OF COMMENCEMENT OF WORK. Contractor shall commence work
within one week of the parties' execution of this Agreement. Contractor will attempt in good
faith to complete underground work within one month of commencement of work and
restoration to follow weather permitting.
3. COMPENSATION. The Port shall pay the Contractor based on time and
material at the City's cost. The Contractor shall send an invoice to the Port at the end of each
month for services performed the previous month.
4. INDEPENDENT CONTRACTOR. Contractor is and shall be at all times
acting as an independent contractor and not as an employee of the Port.
5. TERMINATION. The Contractor's obligations under this Agreement will
terminate upon completion of the services described herein and inspection by Puget Sound
Energy according to its standards. The Port's obligations under this Agreement will terminate
upon its payment of the final invoice.
6. CHANGES. The Port or Contractor may issue a work change directive for any
change in the Contract work during the performance of this Agreement. The work change
directive must be in writing and submitted to the person designated for notice in this Agreement.
The parties will attempt, in good faith, to reach agreement with each other on all equitable
adjustments. However, if the parties are unable to agree, the Contractor will determine the
equitable adjustment as it deems appropriate. If the Port disagrees with the equitable adjustment
the Port must submit a written notice of protest within five days ofthe Contractor's notice to the
Port of the equitable adjustment. The Port shall pay for all services related to a disputed
equitable adjustments into an escrow account until the matter is resolved as set forth herein. The
Street Improvement Agreement -1 of 2
Port's failure to follow the protest procedure set forth herein will constitute a waiver of any claim
related to the equitable adjustment as determined by the Contractor.
IN WITNESS WHEREOF, the parties below have executed this agreement.
DATE
DATE
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Notices to be sent to:
Notices to be sent to:
CONTRACTOR:
Bob Tulp
100 Oyster Bay Avenue
Bremerton, W A 98312
360-473-5753
PORT OF BREMERTON:
Steve Slaton (director Marine Facilities)
8850 S.W. State Hwy. 3
Port Orchard, W A 98367
APPROVED AS TO FORM:
ATTEST:
~d fipv
Bremerton ty Clerk
R:\Legal\Legal\Contracts\PUBLIC WORKS\Port ofBremerton Street Improvement Agreement.doc
Street Improvement Agreement -2of2