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4771
TRANSPORTATION, DEPT OF (WA STATE)
Ferry Tunnel General Maintenance
Engineering
LEG 12-1
11/06/2008
06/15/2011
GM 1463
Termination in writing only if mutually agreed
Review date for tracking only
.
Bremerton Ferry Tunnel
GENERAL MAINTENANCE AGREEMENT
GM-1463
This Agreement is made and entered into between the State of Washington
Department of Transportation, hereinafter the "STATE," and the City of Bremerton, 3027
Olympus Drive, Bremerton, Washington, hereinafter the "CITY."
WHEREAS, the STATE has a project within the Bremerton city limits entitled
"Downtown Bremerton Pedestrian/BTC Access Improvements," hereinafter, the "Project," to
construct a tunnel and associated surface street improvements within the SR 304 corridor;
these improvements will enhance the flow of traffic to and from the Bremerton Ferry
Terminal, and
WHEREAS, this Project was presented to the United States Congress by and for the City
of Bremerton in an effort to provide transportation improvements that will primarily enhance the
downtown core area by removing vehicular traffic from the surface streets, thereby benefiting the
CITY and STATE highway by reducing pedestrian-vehicle conflicts, and
WHEREAS, the responsibilities for maintenance and preservation of the tunnel,
special paving, and landscaping, as identified by this Agreement, are not clearly defined
and/or not defined by RCW 47.24.020, and
WHEREAS, it is to the mutual benefit of the STATE and the CITY to define and/or
clarify, in writing, each Party's responsibility for maintenance and preservation ofthe
Project, limits of which are identified in Exhibit A, attached hereto and by reference made a
part of this Agreement,
NOW, THEREFORE, pursuant to RCW 47.28.140, RCW 47.24.020, and in
consideration of the terms, conditions, covenants, and performances contained herein or
attached and made part hereof,
IT IS MUTUALLY AGREED AS FOLLOWS:
1. DEFINITIONS
1.1 "Maintenance" is routine preventative service and repair.
1.2 "Preservation" is the rehabilitation or replacement at the end of an element's useful
lifespan, after deterioration or damage, when the element can no longer be cost-
effectively repaired or maintained.
Page 1 of8
.
2. RESPONSIBILITIES
2.1 The maintenance obligations ofthe Parties pursuant to RCW 47.24.020 are not
modified, but may be clarified as provided herein. The STATE and CITY agree to
the maintenance and preservation responsibilities under the terms of this Agreement
as follows:
I I Maintenance
! Element I and
l Preservation
-
· Tunnel ~~~era Sy~te~_",,______ STATE***
<~"~.~~
, Tunnel Communications System CITY
--
1 Tunnel Drainage and Sump Pump Systems CITY
'Tunnel Emergency Power Generator System ! STATE***
,
I
. Tunnel Fire Suppression and Alarm Electrical Systems ! STATE***
I
i Tunnel Fire Suppression and Alarm Mechanical Systems I CITY
i Tunnel Fire Suppression and Alarm System Yearly Tests CITY*
; Tunnel Gate System STATE***
I Tunnel Illumination I STATE***
I
I
i Tunnel Sweepin_g and Garbage Pickup ! CITY*
I
,.-.-. -- , -.-
. Tunnel Traffic Control System** I STATE***
I Tunnel Ventilation System STATE***
. Tunnel Wall Cleaning and Graffiti Removal ! CITY*
; Landscaping I CITY
I
Surface Street Decorative Pavement (non-asphalt) CITY
* Preservation is not applicable
** Includes traffic loops and lane use signs within or mounted on the tunnel.
*** CITY shall maintain pursuant to Subsection 2.3 unless otherwise requested pursuant
to Subsection 2.11.
2.2 The CITY agrees to perform, at 100 percent CITY expense, the maintenance and
preservation of elements identified as CITY responsibility in Subsection 2.1 of this
Agreement.
2.3 The CITY agrees to perform, at 100 percent STATE expense, the maintenance of
elements identified as STATE responsibility in Subsection 2.1 of this Agreement.
2.4 The STATE agrees to perform, at 100 percent STATE expense, the preservation of
elements identified as STATE responsibility in Subsection 2.1 of this Agreement.
2.5 Maintenance by the CITY under the provisions of this Agreement shall be in accordance
with STATE's Maintenance Standards referenced in Exhibit B, attached hereto and by
reference made a part of this Agreement.
Page 2 of8
2.6 The CITY shall keep records of maintenance and preservation activities for all Tunnel
elements it maintains or preserves. These records shall be made available to the
S TATE upon request.
2.7 Should the CITY fail to provide maintenance and preservation for those elements
identified as CITY responsibility in Subsection 2.1 of this Agreement, the STATE shall
provide written notification thereof to the CITY, and the CITY agrees to cure any
maintenance and/or preservation deficiencies within 48 hours if the STATE identifies the
failure as a safety concern or impacting operations, or otherwise within thirty (30) days of
receipt of STATE notification. Should the CITY continue to fail to cure any maintenance
and/or preservation deficiencies for those elements identified as CITY responsibility, the
CITY agrees that the ST ATE may perform the maintenance and/or preservation, and the
CITY agrees to reimburse the ST ATE for such costs within thirty (30) days of receipt of
a STATE invoice. If payment is not made within ninety (90) days from receipt of a
STATE invoice, the CITY further agrees and authorizes the ST ATE to withhold, and use
as payment, motor vehicle fund monies credited or to be credited to the CITY pursuant to
RCW 47.24.050. The STATE's method for repairing decorative pavement is patching
with HMA.
2.8 The STATE shall be responsible for the costs ofthe electrical, water, and telephone
service charges for the Tunnel and Tunnel related systems.
2.9 The CITY shall be responsible for the costs of the fire alarm monitoring charges for
the tunnel alarm system.
2.10 Sanitary sewer and storm drainage from the tunnel shall be discharged to the CITY's
system at no cost to the S TATE.
2.11 If written request is provided by either Party before October 1 st of a calendar year,
beginning the following July.1 S\ the CITY will be relieved of the CITY's
responsibilities under Subsection 2.3, and the STATE agrees to perform the
maintenance, at 100 percent STATE expense, of elements identified as STATE
responsibility in Subsection 2.1 of this Agreement.
3. THIRD PARTY DAMAGE
3.1 The CITY shall be responsible for performing the repair with CITY forces of all third
party damage to all elements listed in Subsection 2.1 for both the CITY and STATE,
including replacement of elements damaged beyond repair.
3.2 If the CITY deems that third party damages to an element for which the STATE is
responsible, pursuant to Subsection 2.1, are beyond the capability of CITY forces to
replace or repair, the CITY shall notify the STATE, and the STATE shall perform the
replacement or repair.
Page 3 of8
3.3 The CITY shall be 100 percent responsible for the costs to repair damage by third
parties and replace elements damaged beyond repair by third parties, and shall be
responsible to seek reimbursement from third parties for said costs, for elements for
which the CITY is responsible pursuant to Subsection 2.1.
3.4 The STATE shall be 100 percent responsible for the costs of repair for damage by
third parties and replace elements damaged beyond repair by third parties, and shall
be responsible to seek reimbursement from third parties for said costs, for elements
for which the STATE is responsible pursuant to Subsection 2.1.
3.5 The CITY shall keep records of its repair and/or replacement activities due to third
party damage. These records shall be made available to the STATE upon request.
3.6 The Parties agree that should the CITY fail to repair third party damage to elements for
which the CITY is responsible, pursuant to Subsection 2.1, the STATE shall provide
written notification thereof to the CITY, and the CITY agrees to repair the third party
damage within 48 hours if the ST ATE identifies the failure as a safety concern or
impacting operations, or otherwise within thirty. (30) days of receipt of STATE
notification. Should the CITY continue to fail to repair said third party damage, the
CITY agrees that the STATE may repair the third party damage, and the CITY agrees to
reimburse the STATE 'for repair costs within thirty (30) days of receipt of a STATE
invoice. If payment is not made within ninety (90) days from receipt of a STATE
invoice, the CITY further agrees and authorizes the STATE to withhold, and use as
payment, motor vehicle fund monies credited or to be credited to the CITY pursuant to
RCW 47.24.050. The STATE's method for repairing decorative pavement is patching
with HMA.
3.7 If written request is provided by either Party before October 1 st of a calendar year,
beginning the following July 1 st, the CITY will be relieved of the responsibility under
Subsection 3.1 to perform the repair of third party damage to elements identified as
STATE responsibility in Subsection 2.1 of this Agreement, and the STATE will
perform said repairs at STATE expense.
4. PAYMENT
4.1 The STATE, in consideration of the faithful performance of maintenance and
preservation work performed by the CITY, as provided in Section 2, agrees to reimburse
the CITY for the direct salary and direct non-salary costs of the maintenance and
preservation work that is the responsibility of the STATE. Per Reciprocal Overhead
Agreement OHOOI66, no overhead shall be billed or paid.
Page 4 of 8
..
4.1.1 The STATE shall make partial payments for maintenance and preservation work
upon receipt of a detailed invoice to cover costs incurred. These payments will
not be more frequent than one (1) per month. The STATE agrees to make
payment within thirty (30) days from receipt of an invoice from the CITY. If the
STATE does not agree with the CITY's invoice, the Parties shall resolve all work
or cost discrepancies before payment is made.
4.1.2 In order to meet June 30th fiscal year-end requirements, the CITY agrees to
invoice the STATE no later than July 15th, in each year of this Agreement, for all
outstanding services and/or work performed in the month of June. If applicable,
the CITY also agrees to invoice the STATE, under the same deadline, for services
and/or work performed in earlier months in the respective fiscal year, but not yet
billed.
4.1.3 Invoices for maintenance and preservation work shall include the following
information:
Agreement Number GM-1463, Maintenance Work
Beginning and end date of invoice period
Labor hours and rates
Equipment hours and rates
Materials used and prices
4.2 The STATE, in consideration of the faithful performance of third party repair and/or
replacement work performed by the CITY, as provided in Section 3, agrees to reimburse
the CITY for the direct salary and direct non-salary costs of the work that is the
responsibility of the STATE. Per Reciprocal Overhead Agreement OHOOI66, no
overhead shall be billed or paid.
4.2.1 The STATE shall make partial payments for third party repair and/or replacement
work upon receipt of a detailed invoice to cover costs incurred. These payments
will not be more frequent than one (1) per month per incident. The STATE
agrees to make payment within thirty (30) days from receipt of an invoice from
the CITY. Ifthe STATE does not agree with the CITY's invoice, the Parties shall
resolve all work or cost discrepancies before payment is made.
4.2.2 In order to meet June 30th fiscal year-end requirements, the CITY agrees to
invoice the STATE no later than July 15th, in each year of this Agreement, for
third party repair and/or replacement work performed in the month of June. If
applicable, the CITY also agrees to invoice the ST ATE, under the same deadline,
for third party repair and/or replacement work performed in earlier months in the
respective fiscal year, but not yet billed.
4.2.3 Invoices for third party repair and/or replacement work shall include the
following information:
Page50f8
Agreement Number GM-1463
Incident Identification Number (a unique number assigned by the CITY)
Date of third party damage (or discovery of damage)
Labor hours and rates
Equipment hours and rates
Materials Used and prices
4.3 During the progress of the work and for a period not less than three (3) years from the
date of any payment by either Party, the records and accounts pertaining to the work
under this Agreement and accounting thereof are to be kept available for inspection and
audit by the CITY, state, and/or the federal government and copies of all records,
accounts, documents, or other data pertaining to this Agreement 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.
5. RIGHT OF ENTRY
5.1 The Parties hereby reciprocally grant to each other the right of entry upon all land in
which the Parties have an interest for the purpose of accomplishing the work required
herein.
6. TERM OF AGREEMENT
6.1 This Agreement may be terminated only if mutually agreed to by both Parties.
Termination shall be in writing and signed by both Parties.
6.2 Termination of this Agreement shall not prejudice any rights or obligations accrued to the
Parties prior to termination.
7. MODIFICATIONS
7.1 This Agreement constitutes the entire agreement between the Parties on the subject
matter hereof. There are no understandings, agreements, or representations, oral or
written, not specified herein regarding this Agreement. No waiver, consent, modification
or change ofterms ofthis Agreement shall bind either Party unless in writing and signed
by both Parties. Any waiver; consent, modification or change, if made, shall be effective
only in the specific instance and for the specific purpose given. The failure of the CITY
and/or the ST ATE to enforce any provision of this Agreement shall not constitute a
waiver by the CITY and/or the STATE of that or any other provision.
Page 6 of8
8. SEVERABILITY
8.1 Should any part, term or provision of this Agreement be determined to be invalid, the
remainder of this Agreement shall not be affected, and the same shall continue in full
force and effect.
9. DISPUTE RESOLUTION
9.1 In the event that a dispute arises under this Agreement, it shall be resolved as follows:
The CITY and the ST ATE shall each appoint a member to a disputes board, these two
members shall select a third board member not affiliated with either Party. The three-
member board shall conduct a dispute resolution hearing that shall be informal and
unrecorded. The decision of the board shall not be binding upon the Parties, but its
recommendations shall be given serious consideration when resolving the dispute. An
attempt at such dispute resolution in compliance with aforesaid process shall be a
prerequisite to the filing of any litigation concerning the dispute. The Parties shall
equally share in the costs of the third disputes board member. Each Party shall be
responsible for its own costs of the disputes board.
10. LEGAL RELATIONS
10.1 Each Party 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 ifthe claims, suits, or actions for injuries, death, or
damages (both to persons and/or property) are caused by the sole negligence of the Party.
Where such claims, suits, or actions result from the concurrent negligence of both Parties,
or involves those actions covered by RCW 4.24.115, the indemnity provisions provided
herein shall be valid and enforceable only to the extent of each Party's own negligent acts
or omISSIOns.
10.2 This indemnification shall survive the termination of this Agreement.
11. VENUE
11.1 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. The Parties shall be responsible for their own costs, including attorneys fees.
Page70f8
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the Party's
date signed last hereto below.
CITY OF BREMERTON
By:
WASHINGTON STATE DEPARTMENT
OF TRANSPORTATION
By:
on, Region Administrator
Date:
/o!Ja/oi
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Date:
A/ov (0 tcz}fj
,
APPROVED AS TO FORM:
APPROVED AS TO FORM:
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By:
Date: /0-;). q.o2'
Date:
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GM-1463
EXHIBIT B
Maintenance Standards
Tunnel Camera System
. Per manufacturer's recommendations.
. Operational test yearly.
. Clean lenses yearly or as needed.
Tunnel Communication System
. Per manufacturer's recommendations.
. Operational test yearly.
Tunnel Drainage and Sump Pump Systems
. Inspect 2 times per year including the sump and clean as needed.
. Maintain the pump system per the manufacturer's recommendations. Repair as
soon as possible.
Tunnel Emergency Power Generator System
. Per manufacturer's recommendations including regular exercises under load.
. Operational test of entire system yearly.
Tunnel Fire Suppression and Alarm Systems
. Per manufacturer's recommendations.
. Operational test yearly.
Tunnel Gates
. Per manufacturer's recommendations. Repair as soon as possible.
Tunnel Illumination
. Per manufacturer's recommendations.
. Wash 2 times a year.
. Replace lamps every 4 years
. Repair spot outages as required to maintain minimum lighting levels (7 Yz to 10%
outage will trigger).
Tunnel Sweeping and Garbage Pickup
. Quarterly
. As soon as possible for spills that impact operations or safety.
. Within 48 hours of discovery or notification of a significant litter problem.
GM-1463
EXHIBIT B
Page 1 of2
Tunnel Traffic Control System
. Per manufacturer's recommendations. Repair as soon as possible.
Tunnel Ventilation System
. Per manufacturer's recommendations. Repair as soon as possible.
Tunnel Wall Cleaning and Graffiti Removal
. Wash walls 1 time a year.
. Remove graffiti within 5 working days of discovery or notification.
Landscaping
. Per CITY Standards except that vegetation shall not be allowed to encroach
beyond curb line or reduce sight distance below WSDOT (STATE) standards.
Surface Street Decorative Pavement
. Apply herbicide yearly.
. Repair broken and uneven decorative pavement that becomes a safety issue as
soon as possible. The STATE will repair decorative pavement that becomes a
safety issue with an HMA patch at CITY expense if not resolved by the CITY.
GM-1463
EXHIBIT B
Page 2 of2