HomeMy WebLinkAbout4922 Contract Number: 4922
Vendor: TRANSPORTATION, DEPT OF (WA STATE)
Subject: SR 303/Manette Bridge Replacement - Curb Gutter
Sidewalk Striping Conduit GCA 6458
Department: Engineering
File Class: LEG 12-1
Begin Date: 2/18/2010
End Date: 6/30/2012
Review Date: 1/1/2012
Vault Date:
Comments: Amendment No. 1
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i City of Bremerton Participating Agreement
GCA-6458
: Amendment No. l
This Amendment No. 1 is made and entered into beiween the STATE OF WASHINGTON,
Depa�•tment of Transportation,hereinafter the"STATE,"and the City of Bremerton,
l 00 Oyster Bay Ave.N.,Brcmerton, WA 98312, hcreinafter thc"LOCAL AGENCY."
WHEREAS, the Parties hereto entered into original Agreernent GCA-6458 on the 3`d day of
. March, 2010 for the STATE to construct LOCAL AGENCY features, including cement concrete
curb and gutter, sidewallc, striping, and conduit at the approach areas of fhe Manette Bridge as
part of the STATE's Yroject, and
WII�REAS,the LOCAL AGLNCY requested changes to the LOCAL AG�NCY worlc,
, including changing which sidewalk panels would be replaced and adding additional four inch
conduit at each bridge end abutment for the LOCAL AGENCY's future use,and
WHEREAS, the LOCAL AC'rENCY changes have increased the cost of the LOCAL AGENCY
��ork more than twenty-five(25)percent,
; NOW, THEREFORE, pursuant to RCW 47.28.140 andlor chapter 39.34 RCW and in
considerafion of the terms, canditions, covenants, and performances contained herein, and the
� attached Exl�ibits B 1 which is incorporated and made a part hereof,
� IT IS MUTUALLY AGREED AS FOLLOWS:
.
! � 1. Exhibit B is deleted and replaced with�xhibit B1. �
�
I 2. GCA 6458 Exhibit A,is supplemented with the following:
; a. In lieu of removing and replacing sidewalk panels along the south side of l lth
; Street,the STATE shall construct sidewallc in other areas as designated by the �
LOCAL AGENCY.
;
b. The STATE sliall install additional four inch canduit at each bridge end abuiment,
. As staked by the LOCAL AGENCY. �
3. All ol.her terms and conditions of the original Agreement GCA-6458 shall reinain in full
' force and effeci except as modified by this Amendment No. 1.
�
GCA-6458
Amendment No.l �
Page 1 of 2
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� IN WTTNESS WHEREOF, the Parties hereto have executed this Amendment No. 1 as of the
Parly's date signed last below,
CITY OF BREMERTON STATE OF WASHINGT'ON
DEPARTMENT OF TRANSPORTATION
By: � By;
Patty Lent, or Steve Roarlc, Assistant Region Administrator
for Construction
Date: �l � �S Date: "� �� ���
APPROVED AS TO FORM
�
I -��
i By; .
�
� CITY Attorney
� Date: � (.e - ��
�
�
�
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GCA-6458
Amendment No. 1
Page 2 of 2
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� GCA-6458 Exhibit B'I
` Estimate of Costs
I . - - -
� Item # Bid Item Title Estimate
IPayment Totals
1 p Mobilization $ -
10 Removing Cement Conc Sidewalk $ 720.00
, 11 Rem Cement Conc Curb & Gutter $ -
128 Cement Conc. Traffic Curb & Gutter $ 1 ,249.50 �
136 ,Paint Line $ 95.50
140 Plastic Traffic Arrow $ 240.00
142 Paint Traffic Curb $ 160.00 �
151 Conduit Pipe 2" Dia $ 750.00
-- - :. .- , :: _-, -.. . . -.. :.. : ....... ... ..:...... . .::.: . . � � - - -_.--...,- ��--
��152:=- ___;,:Cbnduit_Pip;e;.4"__Dia:�:�:-:�:::_:'_- :�:=__::=:_.;�:;�::::::_�_:_°$...:-:.::=:'�1`4:��=Q0�00:_
172 Cement Conc Sidewalk $ 2,18�.00
175 Cement Con�c Driveway Entrance $ 1,746.00
� 193 Adjust Valve Box $ -
$ 21,241.00
� Construction Engr @ 8% $ 1,699
' Overhead @ �% �
, _. . _.--�
___
------ --�-----�-----------..
i __ .__ , ___Total Agreement Amount ::$- �=;_=-:= ;=�2�;940;=-
I �
� ---�--�-�---- Pa e 1 of 1
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I - ��S�iis'i�t�B9 ��2,�#E'. Olympic Regfon Headquarters
� � . � ������y��{ �g� ����������� 5720 Capitol Boulevard,l�um�nrater
� P.O.Box 474b0
� ' Pa�l�.6. FBa�ev�ono, P.�.
SeC�etary of Transportation Olympia WA 98.SOA-I44Q
360-357-2604
Fax 360-357-2607
TTY: 1-800-833-6388
February 24,2010 www wsdot.wa.gov
City of Bremerton �
100 Oyster Bay Avenuc North �
Bremerton, WA 98312
I
� SR 303/Manette Bridge Bremerton Vic. —Bridge Replacement
Cooperative Agreement
GCA-6458
Attn.: Phil Williams
Pnblic Works Director
Dear Sir:
iAt�ached for use is an original of the above�nentioned agreement for yaur records.
IIf you have any questions please call me at(360) 357-2621.
� Sincerely,
; _;:k; -��i,� "� �� /`7 .___--
� c�
Neil Knecht
Agreements Engineer �`
iNK:nk ' . •
� Attachment: � '_
� GCA-6458
cc:
nrt Veach-original i ��������
Tony Hayner
Brenden Clarke
Bill Elliott
Nancy Thompson
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f i le ,,�,�'C�.
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VU�shiregto� State
�� D�partrroenfi of T�ansportation Agr��rr��nt �dit Inforrnat�a�
Return thia•form and original execarted agt�eetnent to HO Accoirnting Se�•vices
Agr2ement Review Agreement Number Supplement Numbsr
� Region Approved and Executed
� HQ Agreement Review Transmittal Required (;CA-64j$
Agreement Retention
� Retain Agreement for six(6)years�fter ciosure Agreement Manager Region
� Retain Agreement for Twenty-Fve(25) years after closure
�Agreement requires permanent retention {75 years) Brenden Clarke
PayorlPayee Name and Address Org.Code
City of Bremerion All Reports wiEl be sent to this '
100 Oyster Bay Avenue North 434307 Organization Number
Bremerton,WA 9R312 Start Date
Vouchers will not be paid for vuork
2/23/201.0 performed before this date
Federal Employer ID Number OR Social Security Number End Date
Vouchers will not be paid for work
916001231 b/30/2012 perfo;med aiter this date
Project Title
. SK 3U3/Manette Bridge Bremerton Vicinity-Bridge Replacement
:.
Project Description
Payabfe Agreement Reimbursable Agreement
Work by Others to be PAID by 1NSDOT 1dVork by WSDOT to be REIMBURSED by
OTHERS
Maximum Amount Payable Amount Reimbursabls to WSDOT
13,250
Management Reserve Fund(Funds setup ulhen requested) Reciprocal Overhead Agreement Number(lf app{icable)
OH-00166
Allowed Overrun Percent Allowed Overrun Percent
25
Preparer's Signature Qate Phone
�/'� �7 �-� ���nnn�n
� ��r ' !�� G/GY/L.V 1 V
DOT Forrn i30-D05 EF
Revised 10l2008
Contract Number:
Vendor:
Subject:
Department:
File Class:
Begin Date:
End Date:
Review Date:
Vault Date:
4922
WASHINGTON STATE DEPARTMENT OF TRANSPORTATION
SR 303/Manette Bridge Replacement - Curb Gutter
Sidewalk Striping Conduit GCA 6458
Engineering
LEG 12-1
2/18/2010
6/30/2012
1/1/2012
Comments:
� IJl�asi�ir�gton State
Department of T'ransportation
Local Agency and Address
Local Agency City of Bremerton
Participating Agreement ' � o0 o yster Bay Avenue North
Bremerto W A 48312
Work b y Stat - Act ual C ost i SectionllocaUon
Agreement Number SR 303 /Manette B Bremerto Vic. - Br. Re
GCA - 64�8 Plans, Specifications and Cost Estimates (PS&E) for the
State Route Number Control Section Number Local Agency Work by LOCAL AGENCY? �_ I Yes �?�' NO
I — - - --- — — - ---
- _ PS&E Due Date
Region _.._ - - -- -- - _
� Description of Work
O�VmpiC Rea
Advance Payment Required
Advance Payment Amount
I State Agency Representatives
Port Orch PEO
Name
Qre nden Clarke
Title
E.�chibit A- Description of Work
I_I Yes � No � Exhibit B- Cost Estimate
Exhibit C and D- Plan
STATE � _ �� LOCAL AGENCY
Local Agency Representatives
' Public Works Departtnent
Project Engineer _
Address
8293 Spring Cr eek Road SE, P ort Orchard, WA 98367
E-mail Address �
c ___
Phone
360) 87�-3000
360) 473-53 l5
This Agreement is made and entered into between the STATE OF WASHINGTON DEPARTMENT OF TRANSPORTATION (STATE)
and the above named governmental entity (LOCAL AGENCI�.
WHEREAS, the STATE is planning the construction or improvement of a section of the state route as shown above, and in
connection therewith, the LOCAL AGENCY has requested that the STATE perform certain work for the LOCAL AGENCY as
described above under Description of Work andlor fu�ther described in Exhibit B, (Work), and
WHEREAS, it is deemed to be in the public's best interest for the STATE to include the requested Work in the STATE's construction
contract for the state route improvement, and
WHEREAS, the LOCAL AGENCY is obligated for the cost of the Work described herein,
NOW, THEREFORE, pursuant to RCW 47.28.140 and/or chapter 39.34 RCW and in consideration of the terms, conditions, and
performances contained herein, and the attached Exhibits which are incorporated and made a part hereof,
IT IS MUTUALLY AGREED AS FOLLOWS:
1
1.1
PLANS, SPECIFICATIONS, AND COST
ESTIMATES
The STATE, on behalf of the LOCAL AGENCY,
agrees to perform the Work, as further provided
herein and pursuant to the attached exhibits.
Name
; Phil Williams
I Title -
Public Works Director
Address
100 O Bay Ave. N., Bremerton, WA 98312
E-mail Address
_ , �w�lliams u ci.bremerton.wa.us
, Phl png --
F�chibit A is the Cost Estimate and Exhibit B, if
included as an attachment, further defines the
Work to be constructed for the LOCAL AGENCY.
The combination of the LOCAL AGENCY's Work
and the STATE's improvements hereinafter
constitute the Project.
DOT Form 224-065 EF
Rewsed 5to9 Page 1 of 7 Agreement GCA - 6458
1.2 If indicated in the above heading, the LOCA�
AGENCY shali provide the STATE with plans,
specifications and cost estimates (PS&E) for the
Work
12.1 The PS&E shall be in accordance with the
state of Washington Standard
Specifications for Road, Bridge and
Municipal Construction, and its
amendments thereto (Standard
Specifications), current at the time of
Project advertisement, mutually
acceptable design standards, or the
LOCAL AGENCY's standards, if
applicable and specifled by the LOCAL
AGENCY. Backup calculations for
quantities and breakdowns for lump sum
items shall be included with the PS&E for
the Work.
1.2.2 If the PS&E for the Work, with backup
calculations and breakdowns, is not
delivered by the above PS&E due date,
the STATE, at its sole discretion, may
proceed without the LOCAL AGENCY
Work included with the STATE's
improvements. The LOCAL AGENCY
agrees to reimburse all STATE costs
incurred up to and as a result of the
LOCAL AGENCY's failure to timely
provide the PS&E. This Agreement shall
terminate upon receipt of all
reimbursement payments in accordance
with Section 6.
1.3 The STATE will incorporate the LOCAL
AGENCY's Work or Work PS&E into the STATE's
PS&E for the STATE's improvements to produce
a combined advertisement (Ad) ready PS&E for
the Project. The STATE will document STATE-
performed engineering design work required to
incorporate the Work or Work PS&E into the
STATE's PS&E (Design Documentation}. The
State shall provide up to two intermediate review
sets of the PS&E and Design Documentation at
mutually agreeable milestones. The STATE will
provide the LOCAL AGENCY with one (1)
reproducible copy of the stamped final Design
Documentation prior to the proposed Ad date.
1.4 The STATE will provide the LOCAL AGENCY with
one (1) reproducible copy of the Ad ready PS&E
for the Project a minimum of thirty (30) working
days prior to the proposed Ad date. The LOCAL
AGENCY will have fifteen (15) working days to
review the Ad ready PS&E for the Project,
resolve any concerns, and provide the STATE
with written approval, conditional approval, or
rejection of the Ad ready PSBE for the Work
portion of the Project. In the event the Work
portion of the Ad ready PS&E is conditionally
approved or rejected, the LOCAL AGENCY shall
inciude the reasons for conditiona� approval or
rejection. The LOCAL AGENCY may request an
extension of time in writing, provided that the
STATE receives the written request not later than
fifteen (15) working days after the LOCAL
AGENCY has received the Ad ready PS&E. The
STATE shall provide a written response,
indicating the number of working days extended,
if any.
1.5 If the STATE does not receive the LOCAL
AGENCY's written approval, conditional
approval or rejection of the Work portion of the
Ad ready PS&E within fifteen (15) working days
and any approved extension of time pursuant to
Section 1.4, or if the STATE cannot accept the
LOCAL AGENCY's condition(s} of approval, or if
the LOCAL AGENCY has not acquired all right of
way and permits required to construct, maintain,
and operate the Work, the STATE may, at its
so�e discretion, delete the Work from the Project
and advertise the STATE's improvements. The
LOCAL AGENCY agrees to reimburse the
STATE for engineering costs and actual direct
and related indirect costs incurred by the STATE
associated with either the STATE or LOCAL
AGENCY deleting the Work from the Project.
This Agreement shall then terminate upon receipt
of all reimbursement payments in accordance
with Section 6.
2: BID, AWARD, AND COST ADJUSTMENTS
2.1 The STATE will advertise the Project for bids.
The STATE will be the LOCA� AGENCY's
representative during the Ad and Project contract
award period. When requested by the STATE,
the LOCAL AGENCY shall timely assist the
STATE in answering bid questions and resolving
any design issues that may arise that are
associated with the Work. All comments and
clarifications must go through the STATE.
2.2 If the LOCAL AGENCY is responsible for
preparing the Work PS&E, the LOCAL AGENCY
agrees to provide the STATE with any addenda
required for the Work during the Ad period, to the
Parties' mutual satisfaction.
2.3 The STATE shall provide the LOCAL AGENCY
with written notification of the bid price for the
Work. The LOCAL AGENCY shall have five (5)
working days from the date of written notification
to provide the STATE written approva� of the bid
OOT Form 224-065 EF
Rev�sed 5�09 Page 2 of 7 Agreement GCA - 6458
price for the Work and authorize award, or
request the Work be deleted from the Project.
The LOCAL AGENCY may request an extension
of time in writing, provided that the STATE
receives the written request not later than five (5)
working days after the LOCAL AGENCY has
received the written notification. The STATE shall
provide a written response indicating the number
of working days extended, if any.
2.4 The LOCAL AGENCY acknowledges that if it
fails to provide the STATE with written approval
of the bid price for the Work or request that the
Work be deleted from the Project within five (5)
working days and any approved extension of
time pursuant to Section 2.3, the STATE shall
delete the Work from the Project. In this event,
the LOCAL AGENCY agrees to reimburse the
STATE for engineering costs and actual direct
and related indirect costs incurred by the STATE
associated with deleting the Work from the
Project. The LOCAL AGENCY understands that
deleting the Work from the Project may require
an equitable adjustment to the Project contract
and agrees to reimburse the STATE for costs
associated with the equitable adjustment. This
Agreement shall then terminate upon receipt of
all reimbursement and equitable adjustment
payments in accordance with Section 6.
2.5 Upon LOCAL AGENCY written approval of the
bid price for the Work, the STATE may award and
execute the Project contract.
2.6 If the LOCAL AGENCY approves the bid price
for the Work and the STATE does not award or
execute the Project contract, but thereafter re-
advertises the Project for bids, the STATE agrees
to pay all STATE costs to re-advertise the
Project. The LOCAL AGENCY agrees that the
STATE is not responsible for increased bid prices
or delay to the Work or other impacts to the
LOCAL AGENCY resulting from re-advertising
the Project.
2.7 If the LOCAL AGENCY approves the bid price
for the Work and the STATE does not award or
execute the Project contract and does not re-
adve�tise the Project for bids, this Agreement
shall terminate upon receipt of all reimbursement
payments in accordance with Section 6. The
LOCAL AGENCY agrees that the STATE is not
responsible for potential increased costs for the
Work, delay to the Work or other impacts to the
LOCAL AGENCY resulting from not awarding the
Project.
3. CONSTRUCTION
3.1 The STATE wili be the LOCAL AGENCY's
representative during construction and wiil act as
owner in the administration of the contract for the
Work. The STATE will designate a STATE Project
Engineer to provide all services and tools,
including but not limited to construction
administration, inspection, materials testing, and
representation, necessary to administer and
manage the contract to ensure that the Work is
constructed in accordance with the contract.
3.2 The LOCAL AGENCY may consult with and
inquire of the STATE Project Engineer, attend all
meetings, and have access to all documentation
concerning the Work. The LOCAL AGENCY
shall not provide direction, directly or indirectly,
to the STATE's contractor. All formal contacts
between the LOCAL AGENCY and the contractor
shall be through the STATE's representative.
3.3 When it becomes known that quantities for a unit
bid item will exceed plan quantity for the Work
by ten (10) percent or result in a cost increase
for the Work exceeding the total amount by the
percentage listed under Section 6.6, the STATE
shall consult with the LOCAL AGENCY on
possible courses of action within three (3}
working days in accordance with Section 4.
3.4 The LOCAL AGENCY may inspect the Work.
Any costs for such inspection shall be borne
solely by the LOCAL AGENCY. All contact
between said inspector and the contractor shall
be only through the STATE's inspector or the
STATE's representative.
3.5 The STATE will prepare the final construction
documentation in general conformance with the
STATE's Construction Manual. The STATE will
maintain one set of plans as the o�cial
"as-builY' set, then make notations in red ink of
all plan revisions typically recorded per standard
STATE practices, as directed by the STATE's
Construction Manual. Once the LOCAL
AGENCY has accepted the Work per Section 5,
the STATE will provide one reproducible set of
as-built plans to the LOCAL AGENCY within
One � t 1 Yrar ( -) working days.
4. CONTRACT CHANGES
4.1 Changes to the Project contract will be
documented by change order in accordance with
the Standard Specifications. The STATE shall
process change orders for all changes affecting
DOT Farm 224-065 EF
Revised 5/09 Page 3 of 7 Agreement GCA - 6458
the Work ir: the manner set forth in subsection
1-2.4C (3), Approval of Changes/Checklist,
STATE Construction Manual, current edition.
4.2 Required changes involve such changes in
quantities or alterations to the Work as are
necessary to satisfactorily complete the Project.
All other changes affecting the Work shall be
considered elective changes.
4.3 The LOCAL AGENCY authorizes the STATE to
initiate all required changes affecting the Work
and to negotiate, document and execute the
associated change orders. The LOCAL AGENCY
agrees to pay for the increases in cost, if any,
for the required changes affecting the Work in
accordance with Section 6.
4.4 The STATE will advise the IOCAL AGENCY of
any proposed required changes affecting the
Work as soon as possible and provide it with an
opportunity, if time permits, to review the change
before implementation. The STATE will determine
the length of the review time based upon the
need to expedite the change to avoid delay to
the contractor.
4.5 The LOCAL AGENCY may request additions to
the Work through the STATE in wnting. The
STATE will implement the requested changes as
elective changes, provided that a change does
not negatively impact the STATE's transportation
system and complies with the Standard
Specifications, Project permits, state and/or
federal law, applicable rules and/or regulations,
and/or STATE design policies, and does not
unreasonably delay critically scheduled Project
contract activities.
4.6 All elective changes to the Work shall be
approved �n writing by the LOCAL AGENCY
before the STATE directs the contractor to
implement the changes, even if an executed
change order is not required by the Project
contract. The LOCAL AGENCY agrees to pay
for the increases in cost, if any, for such
elective changes in accordance with Section 6.
4.7 The STATE will make available to the LOCAL
AGENCY all change order documentation related
to the Work.
4.8 In the event it is determined that the LOCAL
AGENCY does not have sufficient funds to
complete the Work, the STATE and the LOCAL
AGENCY shall negotiate to determine the future
of the Work. If it is determined that the Work
cannot proceed, the Work' shall be brought to a
level that is safe for public use and the STATE
will terminate the remainder of the Work from
the Project contract. In the event the Work is
terminated, Section 5 shall apply for that portion
of the Work completed up to the time of
termination. The LOCAL AGENCY agrees to
pay all costs associated with termination,
including contractor claims, in accordance with
Section 6.
5. ACCEPTANCE
5.1 Prior to Work acceptance, the STATE and LOCAL
AGENCY will perform a joint final inspection.
The LOCAL AGENCY agrees, upon satisfactory
completion of the Work and receipt of a Notice
of Physical Completion of the Work, as
determined by the STATE, to deliver a letter of
acceptance to the STATE which shall include a
release of the STATE from all future claims or
demands of any nature resulting from the
performance of the Work and STATE
administration thereof, outside STATE right of
way, subject to any contractor claims (Section 8)
caused by the negligent acts or omissions of the
STATE in administering the Work.
5.2 If a letter of acceptance is not received by the
STATE within ninety (90) days following delivery
of a Notice of Physical Completion of the Work
to the LOCAL AGENCY, the Work and STATE
administration thereof shall be considered
accepted by the LOCAL AGENCY, and the
STATE shall be released from all future claims
and demands of any nature resulting from the
perfo�mance of the Work and the STATE's
admirnstration thereof, outside STATE right of
way, subject to any contractor claims (Section 8)
caused by the negligent acts or omissions of the
STATE in administering the Work.
5.3 The LOCAL AGENCY may withhold its
acceptance of the Work by submitting written
notification to the STATE within NA
( - ) days following delivery of a Notice of
Physical Completion of the Work This
notification shall include the reason(s) for
withholding acceptance.
6. PAYMENT
6 1 The LOCAL AGENCY, in consideration of the
faithful performance of the Work performed by
the STATE and its contractor, agrees to
reimburse the STATE for the actual direct and
related indirect costs of the Work, as estimated
in Exhibit A.
DOT Form 22a-O65 EF
Revised SJOS Page 4 of 7 Agreement GCA - 6458
6.2 If the Parties have a reciprocal overhead
agreement in place effective as of the date of
this Agreement, the STATE's overhead rate will
not be charged. In this event, the STATE will
only invoice for actual direct salary and direct
non-salary costs for the STATE's contract
administration.
6.3 The STATE shall provide detailed invoices to the
LOCAL AGENCY for the Work performed by the
STATE and its contractor or for costs incuRed as
provided in Sections 12.2, 1.5, 2.4, 4.8 or 8.1.4,
and the LOCAL AGENCY agrees to make
payment within thirty (30) days from receipt of
an invoice. A payment will not constitute
agreement as to the appropriateness of any
item. At the time of the final invoice, the Parties
will resolve any discrepancies.
6.4 The LOCAL AGENCY agrees that if it does not
make payment within ninety (90) days after
receipt of an invoice, the STATE may deduct and
expend any monies to which the LOCAL
AGENCY is entitled to receive from the Motor
Vehicle Fund.
6.5 Advance Pavment: If an advance payment is
required, the LOCAL AGENCY agrees to pay the
STATE the "Advance Payment Amount," shown
above, within twenty (20) days after receipt of
Project contract award notification. The advance
payment represents approximately fifteen
percent (15%) of the cost estimate and covers
costs incurred by the STATE in the initial stages
of the Work. The advance payment will be
carried throughout the life of the LOCAL
AGEIVCY's cost obligations, with final adjustment
made in the final invoice
6.6 Increase in Cost: In the event unforeseen
conditions require an increase in the cost of the
Work above the cost estimate (including sales
tax, engineering, and contingencies) by more
than T„•eniy_F';ve �; percent, the
Parties agree to modify this Agreement by
executing a written amendment to address the
increase pursuant to Section 10.1, or implement
Sectian 4.8.
RIGHT OF ENTRY
7.1 The LOCAL AGENCY hereby grants to the
STATE and its authorized agents, contractors,
subcontractors, and employees, a right of entry
upon all land in which the LOCAL AGENCY has
an interest for the purpose of constructing the
Project.
7.2 Where applicable, the LOCAL AGENCY hereby
grants to the STATE and its authorized agents,
contractors, subcontractors, and employees, a
right of entry upon all land in which the LOCAL
AGENCY has an interest for the STATE to
construct, operate, maintain and/or reconstruct
signal loop detectors and appurtenances for
signals belonging to the STATE, if any, that are
constructed within the LOCAL AGENCY's right of
way. The terms of this Section 7.2 shall survive
the termination of this Agreement.
8. CLAIMS
8.1 Claims for Additional Payment
8.1.1 In the event the contractor makes claims
for additional payment associated with
the Work, the STATE will immediately
notify the LOCAL AGENCY of such
claims. Such claims shall be made in the
manner and form as provided for in the
Standard Specifications.
8.1.2 The LOCAL AGENCY shall not be
obligated to pay such claims or their cost
of defense to the extent that the claims
are caused by the negligent acts or
omissions of the STATE in administering
the Work.
8.1.3 The LOCAL AGENCY shall have the right
to review and comment on any
settlement for claims associated with the
Work. However, the STATE shall have
the ultimate right to settle such claims.
In the event the LOCAL AGENCY does
not agree with the claim settlement as
negotiated by the STATE, the LOCAL
AGENCY shall reserve the right to not
financially participate in the negotiated
claim settlement. If agreement cannot
be reached between the LOCAL AGENCY
and the STATE on a claim settlement, the
Parties agree to follow the dispute
resolution procedure in Section 10.7.
8.1 4 If the STATE agrees, the LOCAL
AGENCY may defend contractor claims
associated with the Work at its own cost,
and in doing so, the LOCAL AGENCY
agrees to pay any resulting settlement,
court judgment or arbitration award. The
STATE will cooperate with the LOCAL
AGENCY in the LOCAL AGENCY's
DOT Form 224-065 EF
Revised 5109 Page 5 of 7 Agreement GCA - 6458
AGENCY agrees to reimburse any
STATE costs, including attorneys fees,
incurred in providing such assistance in
accordance witFi Section 6.
8.2 Claims for Damaaes: After Work acceptance, in
the event of claims for damages or loss
attributable to bodily injury, sickness, death, or
injury to or destruction of property that occurs
within the limits of the Work located on the
LOCAL AGENCY's right of way, the LOCAL
AGENCY shall defend such claims and hold
harmless the STATE therefrom, and the STATE
shall not be obligated to pay any claim, judgment
or cost of defense. Nothing in this Section,
however, shall remove from the STATE any
responsibility defined by the current laws of the
state of Washington or from any liability for
damages caused by the STATE's own negligent
acts or omissions independent of the Work
performed pursuant to this Agreement.
9. OWNERSHIP, OPERATION, AND
MAINTENANCE
9.1 Upon acceptance of the Work as provided in
Section 5, the LOCAL AGENCY shall be the sole
owner of that portion of the Work located within
the LOCAL AGENCY's right of way, and the
LOCAL AGENCY shall be solely responsible for
ownership and all future operation and
maintenance of the Work at its sole cost, without
expense, cost, or liability to the STATE.
92 STATE facilities constructed on LOCAL AGENCY
right of way, if any, as identified in Section 72
shall be awned by the STATE, and the STATE
shall be responsible for the operation and
maintenance of such facilities at the STATE's
sole cost, until removed. The terms of this
Section shall survive the termination of this
Agreement.
10. GENERAL PROVISIONS
10.1 Amendment: This Agreement may be amended
or modified only by the mutual agreement of the
Parties. Such amendments or modifications
shall not be binding unless they are in wnting and
signed by persons authorized to bind each of the
Parties.
10.2 Termination: Neither the STATE nor the LOCAL
AGENCY may terminate this Agreement without
..._ ......_.. __..__.. __ , , .,...... . .. .,,
except as otherwise provided under Sections
1.2.2, 1.5, 2.4, and 2.7.
10.2.1 If this Agreement is terminated prior to
the fulfillment of the terms stated herein,
the LOCAL AGENCY agrees to reimburse
the STATE for the actual direct and
related indirect expenses and costs it has
incurred for the Work up to the date of
termination, as well as the costs of non-
cancelable obligations.
10.2.2 Any termination of this Agreement shall
not prejudice any rights or obligations
accrued to the Parties prior to
termination.
10 3 Indeoendent contractor: The STATE shall be
deemed an independent contractor for all
purposes, and the employees of the STATE or
any of its contractors, subcontractors,
consultants, and the employees thereof, shall
not in any manner be deemed to be employees
of the LOCAL AGENCY.
10.4 Indemnification: The Parties shall protect, defend,
indemnify, and hold harm�ess 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
hold harmless 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 or authorized
agents, 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
the negligence of each Party, its employees,
authorized agents, and/or contractors. This
indemn�fication shall survive termination of this
Agreement.
10.5 Acceptance of liability: The LOCAL AGENCY
agrees and accepts full liability for (1} the PS&E
provided for the Work to the STATE, if any; and
(2) for any Work the LOCAL AGENCY has
provided direction to the STATE to design and/or
construct outside the STATE's right of way and/or
STATE's jurisdiction that does not meet STATE
standards.
DOT Form 224-065 EF
Revised 5109 Page 6 of 7 Agreement GCA - 6458
10.6 Survivabilitv Sections 10.4 and 10.5 shall
survive the termination of this Agreement.
10.7 Disnutes: In the event that a dispute arises
under this Agreement, it shall be resolved as
follows: The STATE and the LOCAL AGENCY
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. 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 cost of the third disputes
board member; however, each Party shall be
responsible for its own costs and fees.
10.8 Venue: 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 agree that any such
action or proceedings shall be brought in Thurston
County Superior Court. Further, the Parties agree
that each will be solely responsible for payment
of its own attorneys fees, witness fees, and
costs.
10.9 Audits/Records: All Project records for the Work
in support of all costs incurred shail be
maintained by the STATE for a period of three (3)
years. The LOCAL AGENCY shall have full
access to and right to examine said records,
during normal business hours and as often as it
deems necessary. Should the LOCAL AGENCY
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 their designated
representatives, and/or state of Washington
and/or the federal government.
10.10 Term of Agreement: Unless otherwise provided
herein, the term of this Agreement shall
commence as of the date this Agreement is fully
executed and shall continue until the Work is
accepted by the LOCAL AGENCY pursuant to
Section 5, or as otherwise provided herein, and
all obligations for payment have been met.
10.11 Working DaXs: Working days for this Agreement
are defined as Monday through Friday, excluding
Washington State holidays per RCW 1.16.050.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the Party's date signed last below.
LOCAL AGENCY
STATE OF WASHINGTON
DEPARTMENT OF TRANSPORTATION
.,-°��
,
( f� � �
ey `�-- �,��i ,�,---�.�
Name ���_� {�lJ i � � i �i �"� 5
Title Public Works Director
Date __ � � � � ( �}
✓ /'
BY �/����'s�L-ti
i
Name �,e�y r`t L�cx.u..g�/
Title _(� - f} �u,. _--�F, x,�ZT Dc V� .►-
�t. _���--►t.
Date �s - � 3 - �c�;_�
DOT Form 224-065 EF
Rev�sed 5ios Page 7 of 7 Agreement GCA - 6458
GCA-6458
Exhibit �
Description of Work
The State has a Project to construct a new bridge over the Port Washington Narrows
waterway within the City of Bremerton corporate limits titled, SR 303/Manette Bridge
Bremerton Vicinity — Bridge Replacement. The City has requested the State construct
City feahires at the approach areas of the new bridge as part of the State's_Project. These
City features include: cement concrete curb and gutter, sidewalk, striping, and conduit.
The cement concrete curb and ;utter, sidewalk, and striping work will be done on l 1`�'
Street in the vicinity of the east approach of the Project. The City has plans to turn this
street into a one-way traffic pattern. See EKhibit C for the plan �vith construction notes:
(Paving Plan) 33, 34 and (Pavement Marking Plan? 27, 28, 29, 30, 31, 32, 33, 34.
The installation of conduit will be in the vicinity of the west approach of the Pr�ject.
This work will cross the west approach area and Washington Avenue. The City will
install conductors. See E:chibit D for the plan with construction notes: (Utility Relocation
Plan) 8 and 9.
GCA-64j8
E�thibit A
Pa�e I of 1
GCA-6458
Exhibit B
F,stimate of Cost
Side�valk
Remove existing sidewalk
76 SY x $10/SY
Installing new sidewalk
76 SY x $40/SY
Subtotal:
Cement concrete curb and �utter:
Remove e�isting curb and gutter
30 LF x $10/LF
Install new curb and gutter
30 LF x $25/LF
Subtotal:
Str�ping:
Paint lines
630 LF x $1/LF
Plastic traffic arrow
2 arrows at $125 ea.
Subtotal:
Conduit
Two 4" crossing GLine
?90 L� x $10/LF
Two 4" and Tw�o 2'' crossin� Washington Ave.
4", 160 LF s $IOLF �
2", 160 LF x $10/LF
Subtotal:
Construction En�ineering at 8%
Contingencies at �%
Administrative Overhead (1)
TOTAL:
Note: (1) per Overhead Agreement OH-0016b
$760
$3,040
$3,800
$300
7JO
$1,050
$630
$250
�880
$2,900
$1.600
$1.600
�6,100
$946
$473
$0
�13,250
cc:a-�=�ss
h:�hibit B
['asa 1 of 1
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MA[CN OCISTNC
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� 5. . . . ..asin+3 `;�� ` NOTES:
/ PAVENE�T %.EFfJ? ' p , � �
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.s.w— SPwCVf LINE � C ,`\. `` �� ST �7468.{IO ":
� MON�fENT CAS=_ ?NO C]YER Exhibit C
- -'- Fi'f(STfVG Cf1a6 F,!,^,E i� cX15i1Na V:A7ER VAL'.�E ��'� ' •
C �UAffiT' PIpTF _ [;7USTiNG N'AT°_R MtTE'� �.�..�-�y ' � � Sheet 1 of 2
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'`- �°� ���.,,�� 11 5�' 16+66.00 ',�`'� GCA-6458
\ •.� � �° % �. ; := „ Exhibit C
� ` �--�---� Sheet 2 of 2
o rs �
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Proi 2
'E01J0 VPOJ.NO �� MANETTE BRIDGE 30314A �. ^� �
f•"'� � BRIDGE REPIACEINENS M �
8R•030I(005) �r8 W�ehington Shlo "'^
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BEGIN BR-0303 005
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STA C 20+00.00 P.O.T, _
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•�..^••.•.•-..••"..... tJN7ERGR0UN� COM;UIT —'
';i; VAUIT
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� FUGET SOUND E«EttGY (SEE NOtE 1)
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IP1 OV.E57 �SEE NO7E U
� CAW"eRGENCE TECH,(SEE NOTE 71
�tK11E 1
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a:nrtu vrtor_cr causrrtucna� �sc�+Eau�.c �q
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LEGEND
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Washf �Stafe
rtmoni ot TrsncportaUOn
GCA-6458
Exhibit D
Sheet 1 of 1
Y •1
MANETTE 9RIDGE 3031aa � °
9RIDGE REPIACEMENT URi
UTIIITY RELOCATION Pf.AN .....