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HomeMy WebLinkAbout4921Contract Number: Vendor: Subject: Department: File Class: Begin Date: End Date: Review Date: Vault Date: 4921 WASHINGTON STATE DEPARTMENT OF TRANSPORTATION SR 303/Manette Bridge - Bridge Replacement City Construction Support - GCA 6463 Engineering LEG 12-1 5/5/2010 6/30/2012 1/1/2012 Comments : GCA 6463 SR 303/Manette Bridge — Bridge Replacement City Construction Support This Agreement is made and entered into between the STATE OF WASHINGTON, Department of Transportation, hereinafter the "STATE," and the City of Bremerton, 3027 Olyrnpus Drive, Bremerton, WA 98310, hereinafter, the "CITY." WHEREAS, RCW 47.17.960 requires that the STATE retain continuing responsibility for structural maintenance, repair, and replacement of the substructure, superstructure, and roadway deck over certain bridges within the state of Washington that are not a part of the state highway system, with the Manette Bridge being one of those bridges, and WHEREAS, the STATE has designed a project to reptace the Manette Bridge within the CITY corporate limits entitled "SR 303/Manette Bridge Bremerton Vicinity — Bridge Replacement," hereinafter the "Project," and WHEREAS, the STATE will be the lead agency for the construction of the Project, but CITY staff wilt be involved in the construction process, at STATE expense, as further provided herein, NOW, THEREFORE, pursuant to RCW 47.28.140 and in consideration of the terms, conditions, and performances contained herein, and the attached Exhibits A, B, and C, which are incorporated and made a part hereof, IT IS MUTUALLY AGREED AS FOLLOWS: l. CITY BRIDGE APPROACH INSPECTION 1.1 The CITY has reviewed and concurs with the STATE's Project plans and specifications. 1.2 The STATE has and retains primary Project inspection and contract administration authority over the construction of the Project. The STATE authorizes the CITY and further agrees to pay the CITY for the CITY's additional construction inspection of the bridge approach areas to verify that the construction is in conformance with the Project's plans and specifications. The CITY will identify in writing to the STATE items that are not constructed in conformance with the Project's plans and specifications. The CITY and the STATE agree to work together to resolve non-conforming items to bring them into compliance with the Project's plans and specifications. The STATE shall pay the CITY a maximum amount of Four Thousand Dollars ($4,000.00) for said CITY bridge approach inspection services. Payment for this Sectiou 1.2 shall be pursuant to Section 7. GCA 6463 Page 1 of 6 1.3 The CITY agrees that all CITY performed inspection work over the maximum payable amount of Four Thousand Doltars ($4,000.00), as described in Section 1.2, shall be at the expensc of the C ITY. 2. CITY CONSTRUCTION SUPPORT SERVICES 2.1 The STATE may request, and the CITY may provide, C[TY construction engineering support services for the Project, such as: providing ongoing Project review, coordination with CITY services, and expert advice regarding design and/or construction details. STATE requests may be either written or verbal, and the STATE agrees to reimburse the CITY for one hundred (100%} percent of its actual direct labor and direct non-labor costs for said construction support services. The STATE shall follow up verbal requests with written requests within 24 hours. The Parties agree that any services provided by the CITY without a STATE written or verbal request shall be at the CITY's expense. The estimated amount payable for construction support services is identified in Exhibit A. Payment for construction engineering support services shall be pursuant to Section 7 of this Agreement. 3. CITY WATERLINE CONNECTION 3.l The STATE agrees to pay the CITY for required waterline connection work caused by the Project. A cost estimate of the CITY waterline work for labor and equipment is shown in Exhibit B. A Project plan showing the locations of CITY waterline connections is shown in yellow on Exhibit C. Payment for waterline connection labor and equipment shall be pursuant to Section 7. 3.2 The STATE's Project shall excavate around the waterline connection points, install shoring, clean the exterior of the waterline where the CITY connections are to be made, backfill, remove the shoring, and complete pavement restoration in its ultimate configuration. 4. CITY PROVIDED MATERIALS 4. t The CITY shall provide the STATE certain Project materials to be installed by the STATE during the Project's waterline construction. The CITY shall provide to the STATE a Certification of Materials of Origin, a Bill of Lading, and a Paid Invoice for the waterline materials to be provided. The STATE shall reimburse the CITY for its costs associated with the procurement of the waterline materials pursuant to Section 7. An itemized cost estimate associated with the procurement of the waterline materials is identified in Exhibit B, City Provided Materials. STATE's CONTRACTOR COMUNICATION 5.1 The CITY agrees that all contact between the CITY and the STATE's contractor shall be through the STATE's representative. The STATE's representative shall have final authority for any and alt decisions affecting the STATE's Project contract. GCA 6463 Page 2 of 6 6. REPRESENTATIVES 6.1 The STATE's Project manager for the STATE's contract is: Brenden Clarke Port Orchard Project Engineer 8293 Spring Creek Road SE Port Orchard, WA 98367-8192 360-874-3000 Fax — 360-874-3003 6.2 The CITY's representative for C11'Y work to be performed as described in this Agreement is: Larry Matel Managing Engineer 3027 Olympus Drive Bremerton, WA 98310 (360) 473-5342 7. PAYMENT 7.1 The STATE, in consideration of the faithful performance of the CITY's Project inspection services as described in Section l, agrees to reimburse the CITY for its actual direct labor and direct non-labor costs up to the maximum amount as described in Section 1.2. 7.2 The STATE, in consideration of the faithful performance of the CITY's construction engineering support services as described in Section 2, agrees to reimburse the CITY for its actual direct la6or and direct non-labor costs. 7.3 The STATE, in consideration of the faithful perfonnance of the CITY's waterline connection work described in Section 3 and as shown in Exhibit C, including Project materials provided for the waterline construction as described in Section 4 and estimated in Exhibit B, agrees to reimburse the CITY for its actual direct labor and direct non-labor costs. 7.4 The CITY shall provide detailed progress invoices to the STATE to cover the costs incurred pursuant to Sections 7.1, 7.2, and 7.3. The STATE agrees to make payment within thirty (30) calendar days from receipt of an approved invoice. Invoices shall not to be more frequent than one (1) per month. 7.5 The Parties agree that a STATE payment will not constitute agreement as to the appropriateness of any item and that at the time of the final invoice, all required adjustments will be made and reflected in the final payment. 7.6 No administrative overhead rate shall be charged, pursuant to the STATE and CITY existing Agreement OH-00166. GCA 6463 Page 3 of 6 7.7 [n the event unforeseen conditions require an increase in costs of twenty-five (25) percent or more for CITY construction engineering services, waterline connections and/or Project materials for the waterline construction, as described in this Agreement, the Parties agree to amend this Agreement to address the increase in costs. 8. TERM OF AGREEMENT 8.1 This Agreement shall become effective upon the execution date of the Party last signed below and shall remain in effect until the completion of the STATE's Project and payment of all invoices. 9. MODIFICATION 9.1 No modification of this Agreement is valid unless evidenced in writing by amendment to this Agreement and signed by both Parties. No verbal agreement may supersede, replace or amend this Agreement. 10. ASSIGNMENT 10.1 Neither Party to this Agreement shall transfer or assign any right or obligation hereunder without the prior written consent of the other Party. 11. SEVERABILITY 11.1 Shoutd any section, term or provision of this Agreement be determined to be invalid, thc remainder of this Agreement shall not be affected and the same shall continue in fu(1 force and effect. 12. INDEMNIFICATION 12.1 The Parties shall protect, defend, indemnify, and hold harmiess each other and their employees, authorized agents, and/or contractors, 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 obligations to be performed pursuant to the provisions of this Agreement. The Parties shall not be required to indemnify, defend, or hotd harm(ess the other Party if the claim, suit, or action for injuries, death, or damages (both to persons and/or property) is caused by the negligence of the other Party; provided that, if such claims, suits, or actions result from the concurrent negligence of (a) the STATE, its employees, authorized agents, or contractors and (b) the LOCAL AGENCY, its employees, authorized agents, or contractors or involves those actions covered by RCW 4.24. I 15, the indemnity provisions provided herein shall be valid and enforceable only to the extent of the negligence of each Party, its employees, authorized agents, and/or contractors. GCA 6463 Pagc 4 of 6 I 2.2 This indemnification shall survive the termination or expiration of this Agreement. 13. DISPUTES 13.1 The Parties shall work collaboratively to resolve disputes and issues arising out of, or related to this Agreement. Disagreements shall be resolved promptly and at the lowest level of hierarchy. To this end, following the dispute resolution process in Sections 13.1 A through 13.1 D shall be a prerequisite to the filing of litigation concerning any dispute between the Parties: A. The Representatives designated in this Agreement shall use their best efforts to resolve disputes and issues arising out of, or related to this Agreement. The Representatives shall communicate regularly to discuss the status of the work to be performed hereunder and as described in this Agreement and to resolve any disputes or issues related to the successful performance of this Agreement. The Representatives shall cooperate in providing staff support to facilitate the performance of this Agreement and the resolution of any disputes or issues arising during the term of this Agreement. B. A Party's Representative shall notify the other Party in writing of any dispute or issue that the Representative believes may require formal resolution according to Section 13.1D. The Representatives shall meet within five (S) working days of receiving the written notice and attempt to resolve the dispute. C. In the event the Representatives cannot resolve the dispute or issue, the Mayor of the CITY, and the STATE Region Administrator, or their respective designees, shall meet and enga�e in good faith negotiations to resolve the dispute. D. In the event the Mayor of the CITY and STATE Region Administrator, or their respective designees, cannot resolve the dispute or issue, the CITY and the STATE shall each appoint a member to a disputes board. These two members shall then select a third member not affiliated with either Party. The three member board shall conduct a dispute resolution hearing that shall be informal and unrecorded. All expenses for the third member of the Dispute Resolution board shall be shared equally by both Parties; however, each Party shall be responsible for its own costs and fees. 14. VENUE 14.1 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 Thurston County Superior Court. Further, the Parties a�ree that each will be solely responsible for payment of its own attorneys fees, witness fees, and costs. 15. AUDITS/RECORDS 15.1 All Project records for the costs incurred by the CITY for the Project, as described in this Agreement, shall be maintained by the CITY for a period of three (3) years. The STATE shall have full access to and right to examine said records, during normal business hours and as often GCA 6463 Page 5 of 6 as it deems necessary. Should the STATE require copies of any records, it agrees to pay the costs thereof. The Parties agree that the work performed herein is subject to audit by either or both Parties and/or t}ieir designated representatives, and/or state of Washington and/or the federal government. 16. WORKING DAYS 16.1 Working days for this Agreement are defined as Monday through Friday, excluding Washington State holidays per RGW 1.16.050. [N WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the Party's date signed last below. CITY OF BREMERTON STATE OF WASHINGTON DEPARTMENT OF TRANSPORTATION �'�._ ����-�--�.. B � B � � r �-- Patty Lent, yor Steve Roark, Assistant Region Administrator for Construction Date: �� �`-� �� Date: �' � 0• 7i�1, O � APPROVED AS : �RM APPROVED AS TO FORM By: '� _ �.��� C1TY Attorney V Assistant Attorney General Date: s i v Date: � � - ��- ` � � GCA 6463 Page 6 of 6 GCA-6463 EXHIBIT A City Construction Support coordination and technical expertise at WSDOT request 0.5 Full Time Equivalent X 4 months X$7,000 / mo. Overhead (1) Citv Services Note: (1) Per Overhead Agreement OH-00166 $14,000 $0.00 $14,000.00 GCA-6463 Exhibit A Page 1 of 1 City Agreement Items for Water Lfne Tap and Seismfc Valve Manette Bridge Replacement Connection (wat end) labor (2! Rersvn crew for 4 houn esch Cfri provided Materiais Tapping sleeve Gate valve Actuator and power Supply Actuator mounting plate, extension shaft, enclosure Actuator wntrol panet Outdoor enciosure 12" butterfly valve Cannedion (eastend at WhWton) labor ;2) perso� crew for 4 hours each Ckv Pro�ided Meterials Tapping sleeve Gate valve Connection (east end at iltfi St) O� (2) person crew for4 hours each Ciri Provided Materials Tapping sleeve Gate vafve February 16, 2030 Hours Rate Do(IarTotal Notes 8 $ 50 $ 4C0 InstallaLion of wet tap and gate valve � $ Z,400 Gty provlded end installed S 7C0 Crty prov(ded and instslled $ 1fi,300 Cfty provided, ConVactor tnstalied $ 3,200 Gty provided, Contrattor Installed $ 8,500 City prov(ded, Contrador instailed $ 7,500 [ity provided, Contractor Installed , $ 1,5D0 City provfded, Contractor installed 8 $ 8 $ 50 $ 406 Installat(on of wet tap and gate vaNe $ 2,40D City provided and installed $ 700 City provided and fnstalled SO 5 40D Installation of wet tap and gate valve 5 2,406 City provided and installed S �00 Gty pro�fded and instaNed $ 47,500 Agreement Total GCA-6463 Exhibit B Sheet 1 of 1 , --- - � r�EC�N sR•o3alioas� T.24N. 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