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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
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