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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 - �� ' �', I 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 i . ' I , i ,: � I � 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 - �� � � � i ' GCA-6458 Amendment No. 1 Page 2 of 2 , ; � 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 ::$- �=;_=-:= ;=�2�;940;=- I � � ---�--�-�---- Pa e 1 of 1 � ; . i i ; � ; , �:y . . . .__ _ _ � I - ��S�iis'i�t�B9 ��2,�#E'. Olympic Regfon Headquarters � � . � ������y��{ �g� ����������� 5720 Capitol Boulevard,l�um�nrater � P.O.Box 474b0 � ' Pa�l�.6. FBa�ev�ono, P.�. SeC�etary of Transportation Olympia WA 98.SOA-I44Q 360-357-2604 Fax 360-357-2607 TTY: 1-800-833-6388 February 24,2010 www wsdot.wa.gov City of Bremerton � 100 Oyster Bay Avenuc North � Bremerton, WA 98312 I � SR 303/Manette Bridge Bremerton Vic. —Bridge Replacement Cooperative Agreement GCA-6458 Attn.: Phil Williams Pnblic Works Director Dear Sir: iAt�ached for use is an original of the above�nentioned agreement for yaur records. IIf you have any questions please call me at(360) 357-2621. � Sincerely, ; _;:k; -��i,� "� �� /`7 .___-- � c� Neil Knecht Agreements Engineer �` iNK:nk ' . • � Attachment: � '_ � GCA-6458 cc: nrt Veach-original i �������� Tony Hayner Brenden Clarke Bill Elliott Nancy Thompson �'�� :... zo�� f i le ,,�,�'C�. . ��Y��Ux1�/p�.;i ( , , �_ . ,� .j� �1�: �'�r�5 . 8 � .. .. �- !' • � VU�shiregto� State �� D�partrroenfi of T�ansportation Agr��rr��nt �dit Inforrnat�a� Return thia•form and original execarted agt�eetnent to HO Accoirnting Se�•vices Agr2ement Review Agreement Number Supplement Numbsr � Region Approved and Executed � HQ Agreement Review Transmittal Required (;CA-64j$ 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 T.24N. R.1 E. W, M. �� ����G�f�s�4�� PP �8 E IC IS' `10 MOl1NTA0LE TF.tFFIL �_ ' ��� ! csic n+cFr vw,i csua'�� ' � �. /,� ��ie� to=E sHe� o�T�) T ,' +�' / � 6MCK OP IAVEME.`�T bEAT C%.t6dJ p�' BEG�N APAROpCH 6UB � y � ��''' ��` f i,' �� C ��o� a � � � i�' . ENR CONSTRUCTION N� �6•:O1> '_ � � ' t� � . ra � �a WN 17+40.08 �o `ua � P O.C. c� � \ c � r ^^ , �'� � 2DOE OF BWOCE e F = /;� S t `f J ��' /..�. ly lAg �� Z.A� � ��- I ENU A�PROAGI Slnd �TENS fOR PAVENEHT iICPNR CUAMfTI' � tlEOM P�NHC ' ��' ��'',`� """ t� PAVfiUBNi Ro'PNR ff[GVATON IXCL WWL �7 SY t 1G.inP?!(g,pe � fo it MIM FOR P�1ENElR REOAIR CI. V! IN.P� W!2 3� YON if •.. : 1 � �Q �� � / . p CRt151iE0 SUPF/.�E O.t50 COyRSE B:,v. / 16 �„_,_/_�---�-- , tfelO R �� P� �+¢'�, p 15 NO Pwvw �� NOUATM187,� 'RpFFI� ISL4NJ��0.1 ' R �s n �+� / +e .+* EPlD B-0303 005 ;,~ ' stE ��n:.�- Is END PROJEGT � xeqa'usrrsvrnoN ar.�a / � �� ��+= STA C 37+9a.38 P.O.E. � , � . =T STA WN 15+62.56 P.O.T. , J , / � :o ! 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' p , � � � � �� P{,At:ING B�TUhtIKOUS PAVEl.IENT �'� `�� �`� _ � FOF R�{:NDA90t/T GEOMGtQfY AAD MiCCAG1' C014CRETE FA:� '��`�'� �'� ft 4TION5 SEE FDUNCABOt1T STRUCTU�v1E EtRFH 4Vtlt - ��� oY �� w' sEw &+Ra1BR ' � END CONSTRUCT(ON �` , ��� CUfid ANO GUTTER Q MOf(U.4S?NT � '`�(� `' � - GCA-6458 .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 i� W.(E1151CN TO CUf{g F6GE � EXIS'iNG 4ANITARY Scl.'ER l.4�Mi0lc a SW0.E IN FEE7 S, A:4 OIMENSION4 W FEEi t1NLESS OTkE0.W3H NOTED : x�e.�e wuaicaa+uesn.•�urn n rva wot� � eovs.ix •a •,•� iE�A(D PROJ.NO. �� MANE7TE BRIDdE 303/6A ^�•�• c �mmaa nvo ur .aco.0 -' �� �S �p" �"�, 7 BRJDGE REPLACEIHENT p �� �cwo m n. tsaN BR�O)03(005} zaen ar �.�►QUEt ' 09C526 , riaah(ngton SWte �� CKlD sr F.YATES � ix.iv. s -:��t QopaM�snt oi rrpnOpO[t]llon � U.!`lOR B: ZT _ __ .cr �� ��u� -. . .-- - ---,_ ------ :. .,. 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'�• ` •� Hs�oAO om ND F iM� Y110YJ . � � �, � ��• � OOJdL l I Y N Li�� � ��\�� � f1S 10�80A0 COP ,`� � �� �,`� `�.��,�, . ;.` � `� .�,�� \ ��� ,� \ � \ �'�`,� Z� ��`��,`. � �' \ �` • � il .', � � END CONSTRUCTION �' . '`- �°� ���.,,�� 11 5�' 16+66.00 ',�`'� GCA-6458 \ •.� � �° % �. ; := „ Exhibit C � ` �--�---� Sheet 2 of 2 o rs � scue in �Er Proi 2 'E01J0 VPOJ.NO �� MANETTE BRIDGE 30314A �. ^� � f•"'� � BRIDGE REPIACEINENS M � 8R•030I(005) �r8 W�ehington Shlo "'^ �,� q •,, �,;,�,� �,• apartrr,ont of TranaportsUon . �_ • "w.� '� R0.VE►AEFlT MARKING PLAN ..,.� BEGIN BR-0303 005 — gG1N PR STA C 20+00.00 P.O.T, _ STA WA 3i+54.89 P.O.T. 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' " _ _ " _ ' ' p ` _ _ ,.-� - ^ ° ' ...: "".....: r. c - _"" _ ' _ " ' ��B1U?-?,�_. _(-.._ -•-•=-'- -'- -'- - - -._ om�,F,Eap�::r�dr.r:�`L� -"' "" ' '._ . "_ ' "" _ ' _ ' .:Y' TO 0.GS�OE4C! , bl".(!1.>= I ., : � �'{Z ��..., .. J � � ,} ir� ,.i�r. s � P.r: ' 1 � k t � � �`�:�3i�1.3_°. s �. \, ". ` `•� �� TO RE90CNGC 1 1 1 f 1 '-�� fnS1iNl: KAT tl.' � i Mev.o�u 4 t 1 '` � � � PCRT WASHWCaTOV 1 NAR20X5 \ s \ 1 k 1 ` � ` � ` 1 ,�.,—. C 15 50 SULLt IN FEET 1 �� � �� � `� PLAN AT HIOF{ POINT OF BftIDGE � 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 .....