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HomeMy WebLinkAbout5091J Contract Number• Vendor: Sub�ect: Department: File Class: Begin Date: End Date: Review Date: Vault Date• 5091 Washington State Department of Transportation SR 303/Manette Bridge--Added Sidewalk Barrier Engineering LEG 12-1 10/25/2011 6/30/2012 Comments: Terminates when payment is made : GCA 6718 SR 303/Manette Bridge — Bridge Replacement Added Sidewalk Barrier .-, r This Agreement is made and entered mto between the STATE OF WASHINGTON, Department of Transportation, hereinafter the "STATE," and the City of Bremerton, 3027 Olympus Dnve, Bremerton, WA 98310, heremafter the "CITY " � WHEREAS, RCW 47 17 960 requires that the STATE retam contmumg responsibilrty for the structural mamtenance, repair, and replacement of the substructure, superstructure, and roadway deck of certain bndges wrthm the state of Waslungton that are not a part of the state lughway system, wrth the Manette Bndge being one of those bndges, and WHEREAS, the STATE has an ongomg construction pro�ect to replace the Manette Bridge wrthin the CITY corporate limits, entrtled "SR 303/Manette Bndge Bremerton Vicimty — Bndge Replacement," heremafter the "Pro�ect," and WHEREAS, the CITY has requested changes to the Pro�ect m the form of addmg a bamer on the Manette Bndge between the shoulder of the traveled way and the sidewalk for addrtional safety to pedestnans, heremafter "Added Sidewalk Barner," and WHEREAS, the STATE's onginal sidewalk design for the Pro�ect meets all applicable standards for pedestnan safety, but agrees that the CITY's request for Added Sidewalk Barner provides further safety and protection to pedestrians crossing the bndge, and WHEREAS, the CITY has agreed to modify arclutectural features of the Pro�ect to partially offset the cost of the Added Sidewalk Barner, and WHEREAS, the estimate to add the sidewalk barrier is Two Hundred Nmety One Thousand Five Hundred Dollars ($291,500), includmg the savmgs from modifying the arclutectural features, and WHEREAS, the CITY agrees to pay the STATE Seventy Five Thousand Dollars ($75,000) towards the cost of the Added Sidewalk Bamer, NOW, THEREFORE, pursuant to RCW 47 17 960, RCW 47 28 140, the above recrtals that are mcorporated herem as if set forth below, and m consideration of the terms, condrtions, and performances contamed herem, IT IS MUTUALLY AGREED AS FOLLOWS 1 ADDED SIDEWALK BARRIER 1 1 The STATE agrees to construct the Added Sidewalk Barner on the Pro�ect The Added Sidewalk Barner will run the length of the new Manette Bridge, followmg the outside edge of the shoulder for the eastbound lane The Added Sidewalk Bamer will consist of a concrete barner wrth railing meetmg applicable standards GCA 6718 Page 1 of 4 Y � 1 2 The CITY agrees to pay the STATE the amount of Seventy Five Thousand Dollazs ($75,000 00) for the Added Sidewalk Barrier constructed on the STATE's Pro�ect 2 PAYMENT 2 1 The CITY, in consideration of the faithful performance of the STATE m constructmg the Added Sidewalk Bamer, agrees to reimburse the STATE m the amount of Seventy Five Thousand Dollars ($75,000) for rts obligation towazd the construchon of the Added Sidewalk Barner on the Pro�ect 2 2 The STATE shall provide to the CITY an mvoice in the amount of Seventy Five Thousand Dollazs ($75,000) after the STATE has expended One Hundred Fifty Thousand Dollazs ($150,000) on the Added Sidewalk Bamer, and the CITY agrees to make payment wrtlun tlurty (30) calendar days after receipt of the STATE's mvoice 3 TERM OF AGREEMENT 3 1 This Agreement shall become effective upon the execution date of the Party last signed below and shall remain m effect until construction of the Added Sidewalk Barner is complete and payment of the STATE invoice for the Added Sidewalk Barrier has been made by the CITY, per Section 2 4 MODIFICATION 4 1 No modification of tl�us Agreement is vand unless evidenced m wntmg by amendment to tlus Agreement and signed by both Parties No verbal agreement may supersede, replace or amend tlus Agreement DISPUTES 5 1 The Parties shall work collaboratively to resolve disputes and issues ansing out of, or related to tlus Agreement Disagreements shall be resolved promptly and at the lowest level of luerarchy To this end, followmg the dispute resolution process m Sections 5 lA through 5 1D shall be a prerequisrte to the filing of lrtigation concerrung any dispute between the Parties A Representatives designated by the Parties shall use their best efforts to resolve disputes and issues arismg out of, or related to tlus Agreement The Representatives shall commurucate regulazly to discuss the status of the work to be performed hereunder and as descnbed m tlus Agreement and to resolve any disputes or issues related to the successful performance of tlus Agreement The Representatives shall cooperate m providmg staff support to facilitate the performance of tlus Agreement and the resolution of any disputes or issues ansing dunng the term of this Agreement GCA 6718 Page 2 of 4 w� B A Party's Representative shall notify the other Party in wrrting of any dispute or issue that the Representative believes may require formal resolution accordmg to Section 5 1D The Representatives shall meet witlun five (5) workmg days of receivmg 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 Admirustrator, or their respective designees, shall meet and engage m good faith negotiations to resolve the dispute D In the event the Mayor of the CITY and STATE Region Admirustrator, 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 tlurd member not affiliated with either Party The three member board shall conduct a dispute resolution hearmg that shall be mformal and unrecorded All expenses for the tlurd member of the Dispute Resolution board shall be shared equally by both Parties, however, each Party shall be responsible for rts own costs and fees 6 VENUE 6 1 In the event that either Party deems it necessary to institute legal action or proceedings to enforce any nght or obligation under tlus Agreement, the Parties hereto agree that any such action or proceedings shall be brought in Thurston County Supenor Court Further, the Parties agree that each will be solely responsible for payment of rts own attorney fees, witness fees, and costs 7 AUDITS/RECORDS 7 1 All Pro�ect records m support of the costs paid by the CITY for the Added Sidewalk Barner on the Pro�ect, as described in this Agreement, shall be mamtamed by the STATE for a penod of three (3) years The CITY shall have full access to and nght to examine said records, dunng normal busmess hours and as often as rt deems necessary Should the CITY require copies of any records, rt agrees to pay the costs thereof The Parties agree that the work performed herein is sub�ect to audrt by either or both Parties and/or their designated representatives, and/or state of Waslungton andlor the federal government 8 WORKING DAYS 8 1 Working days for this Agreement are defined as Monday through Fnday, excluding Waslungton State furlough days and holidays per RCW 1 16 O50 GCA 6718 Page 3 of 4 v ' IN 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 �l,%�t�C By � B � Patty Lent, Mayo Steve Roark, Assistant Region Admirustrator for Construction Date �� � z 7��� Date l/ / 201 I APPROVED AS TO FORM APPROVED AS TO FORM , B B 5��. CITY Attorney Ann E Salay Assistant Attorney General Date 1 n�2 S��/ Date I U'iL � I` GCA 6718 Page 4 of 4