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Home My WebLink About5143 Contract Number: 5143 Vendor: OLYMPIC COLLEGE Subject: CA -- 13th & Warren Avenue Department: Engineering File Class LEG 12 -1 Begin Date: 4/11/2012 End Date: Review Date: 12/31/2013 Vault Date: Comments: Amendment No 1 9/12/13; End when final payment is received AMENDMENT NO.1 TO CONSTRUCTION AGREEMENT This amendment to Construction Agreement (the "Agreement ") is entered into by and between the CITY OF BREMERTON, a municipal corporation, hereinafter referred to as "City," and OLYMPIC COLLEGE, hereinafter referred to as "College ". WHEREAS, the City and the College entered into a Construction Agreement on or about April 12, 2012 for the construction of improvements at the intersection of 13 Street and Warren Avenue; and WHEREAS, the City and the College desire to amend the scope of work identified the Agreement to include additional improvements to be paid for with existing project funds; and WHEREAS, improvements are to the College and City's mutual benefit, NOW, THEREFORE, for valuable consideration and by mutual consent of the parties, the modifications to the Contract ale as follows Section H. Scone of Work set forth in the Agreement is modified by adding the following language to the first paragraph in this Section to read as follows: Work may also include additional frontage and access improvements. Such improvements may consist of construction and reconstruction of ADA handicap ramps, street channelization, signage, landscaping, signal improvements, and other improvements as agreed upon by the parties The cost of these additional improvements shall be reimbursed to the City with project funds paid by the College This document will become a supplement to the Agreement and all provisions therein All other terms of the Agreement not specifically amended herein shall remain in full force and effect. The parties whose names appear represent that they are authorized to enter into this amendment to Agreement that is binding on the parties hereto IN WITNESS WHEREOF, the parties have executed this amendment to the Agreement on the day fully executed below. 1 OLYMPIC COLLEGE CITY OF BREMERTON By B Pa t Its r 9 e 1, T, - t�•� t %c�r� Its Ma o DATE: `� ` /G — 2 0 / 3 DATE: �—'" �Z 13 i APPROVED AS TO FORM: 3 7 7 7 Bremerto v R 1Legal\LegahContracts\PUl3LIC WORKS\2013 -09.06 Amendment to Construction Agreement - Olympic College doc 2 Contract Number Vendor Sub�ect Department• File Class Begin Date End Date• Review Date Vault Date 5143 OLYMPIC COLLEGE Construction Agreement -- 13th & Warren Avenue Engineering LEG 12-1 4/11/2012 12/31/2013 Comments• End when final payment is received .�� CONSTRUCTION AGREEMENT 13 & Warren Avenue THIS Agreement between the City of Bremerton, (hereinafter referred to as "CITY") and Olympic College (Heremafter referred ta as "COLLEGE"), is made and entered into the date fully executed below WHEREAS, the CITY is plamm�g the constructzon of improvements at the intersection of 11 �" Street and Warren Avenue, and m connection therewith, the COLLEGE has requested that the CITY perform certam work at 13`" Street and Warren Avenue as herein descnbed, and WHEREAS, it is deemed to be in the best interest for the CITY to mclude in the CITY's construction contract the necessary items of work proposed for the improvements to be made at the intersection of 13`�' Street and Wanen Avenue, and WHEREAS, the COLLEGE has agreed to be responsible and pay for the cost of work descr�bed herein NOW THEREFORE, �n consideration of the terms, conditions, covenants, and performances conta�ned herein, or attached and mcorporated and made a part hereof, IT IS MUTUALLY AGREED AS FOLLOWS PROJECT The CITY, as agent actmg for and on behalf of the COLLEGE, agrees to perform the following "Descnption of Work" for roadway improvements at the intersect�on of 13�' Street and Warren Avenue - SR 303 ("Pro�ect") Plans, specificat�ons and cost estimates shall be prepared by the COLLEGE in accordance with the current State of Washington Standard Specificat�ons for Road, Bridge, and Municipal Construction, and amendments thereto, and adopted design standards, unless otherwise noted for the roadway work The CITY will incorporate the plans and specifications mto the CITY's Pro�ect and thereafter advert�se the resulting ProJect for bid and, assummg bids are received and contract is awarded, adm�nister the contract The COLLEGE may, �f it desires, furnish an inspector on the Pro�ect Any cost for such mspection w�ll be borne solely by the COLLEGE All contact between said inspector and the CITY's contractor shall be through the CITY's representat�ve The COLLEGE agrees, upon satisfactory completion of the work mvolved, to del�ver a letter of acceptance to the CITY, which shall include a release and waiver of all future claims or demands of any nature resulttng from the performance of the work for the intersection improvement work under this AGREEMENT If a letter of acceptance is not recetved by the CITY wrthin 90 days followmg completion of the work, the work w�ll be considered accepted by the COLLEGE and shall release the CITY from Ctty of Bremerton nnd Olymp�c C ollege pp� / o �'¢ Constructton Agreement Stgnal C'onstruclton at 13' Stree� c7nd 1�'an en Avenue 9 all future claims and demands of any nature resulting from the performance of the work under this AGREEMENT The COLLEGE may withhold this acceptance of the work by submittmg written notification to the CITY within the 90-day period This notification shall mclude the reasons for withholding the acceptance II SCOPE OF WORK Work to be mcluded into the l l Street and Warren Avenue Intersection Improvements Pro�ect is the installation of a signal and all appurtenances at 13�' Street and Warren Avenue This mcludes purchasmg of addrtional right-of-way, replacement of sidewalks and handicap ramps at the intersection, mterconnect to the other signals along the conidor, channelization, traffic control and all work associated with providmg a functiomng signal at this mtersection Specifications are in accordance wrth the 2012 Waslungton State Department of Transportation Standard Specaficataons for Road, Bridge and Muntcipal Constructaon, and as amended m the Special Provisions section of the Contract Documents III PAYMENT The COLLEGE, in consideration of the farthful performance of the work to be done by the CITY, agrees to reimburse the CITY for the actual direct and related mdirect cost of the work Partial payments shall be made by the COLLEGE, upon request of the CITY, to cover costs mcurred These payments are not to be more frequent than one (1) per month It is agreed that any such partial payment will not constrtute agreement as to the appropnateness of any rtem and that, at the time of the final audit, all required ad�ustments will be made and reflected in a final payment The COLLEGE agrees to make payment for the work to be done by the CITY within thirty (30) days from receipt of billmg from the CITY The COLLEGE agrees that if payment for the roadway work is not made withm ninety (90) days after receipt of billmg the CITY shall assess a penalty of 10% on all amounts outstandmg until payment for the work is received by the CITY The COLLEGE agrees to pay the CITY an "Advance Payment Amount" of $180,000 wrthin 20 days after the CITY submits rts first partial payment request to the COLLEGE The advance payment represents approximately fifteen (15) percent of the estimate of cost and covers costs incurred by the CITY in the imtial stages of the ProJect The advance payment will be carried throughout the life of the project wrth final adjustment made in the final payment City of Bremerton and Olymptc College Page 2 of 7 Construct�on Agreement Signal Construction at 13` Street and Warren Avenue f N Upon completion of the work outlined herein, all future operation and maintenance of the COLLEGE's fac►l�t�es shall be at the sole cost ofthe CITY and without expense to the COLLEGE IV APPROVAL OF BIDS The COLLL'GE shall have the opportunity to review and approve bids for the ProJect The COLLEGE sl�all have five (5) work�ng days from the date of wntten notification to inform the CITY of approval or non-approval If non-approval �s given, the COLLEGE shall provide, m writtng, its reasons for non-approval Should this non-approval result in deletion of work, the COLLEGE agrees, upon billmg by the CITY, to reimburse the CITY for prehminary engineenng costs mcurred by the CITY to include the work covered by this AGREEMENT in the CITY's contract V EXTRA WORK In the event unforeseen conditions requ�re an increase �n the cost of 25 percent or more from that agreed to on Exhibit "A", th�s AGREEMENT wtll be modified by a supplement AGREEMENT covering said �ncrease In the event it �s determ�ned that any change from the descnpt�on of work contained in the AGREEMENT �s requ�red, approval must by secured from the COLLEGE prior to the begmmng of such work Where the change �s substant�al, written approval must be secured Reimbursement for increased work and/or a substantial change in the descriptton of work sha11 be limited to costs covered by a wrttten modification, change order or extra work order approved by the COLLEGE V1 RIGHT OF ENTRY The COLLFGr hereby grants and conveys to the CITY the right of entry upon all land which the COLLEGE has interest, wrthm or ad�acent to the right of way of the highway, for the purpose of constructui� 5auf improvements VII � VENUE In the event khat any party deems rt necessary to institute legal action or proceedmgs to enforce any nght of obli�.;aUon under this AGREEMENT, the parties hereto agree that any such action or proceedings shall be brought in a court of competent�urisdiction srtuated in Krtsap County, Washington VII I.EGAL RELATIONS Ctty oj Bren�e� r��n rnul O!1 mp�c C nllege COrutruchnn t�reenicvu S+gnal Constructrar at /3'� Street und 41'anen Atienue Page 3 of 4 i No l�abil�t� shall attach to the CITY ar the COLLEGE by reason of entenng into this AGREEMLN I e�cept as expressly prov�ded here�n IN WITNESS WI�EREOF, the parties hereto have executed this Agreement as of the day and year first above wr�tten CITY OF BREMERTON Patty Lent, ay r T � City Clerl. AP AS TO FORM ��- R r u �ich, C�ty Attorney TMI;I�I� Al, APPROV�AL � , Becky Has t, F�nance D�rector � �� L_._ Director of P Vl' R, U OLYMPIC COLLCGE t�1�� Represent��t � � � � ATTEST , �-'�.,�- `' tiC/ .s.,.�-..� �{�- ��2 Date �- / � �/� Date � � �� Date � �- Z �) �-- Date �--�.2c��2 Date � � 12 Date r� "� � ,�' Date Ctty of Brentu �ou niu/ nl t mp�c C"nllege Constructton t��+n�>n� StgnalCa�snuelro�: at ! 3' Street artd Wa�ren �vena�e Puge �F of 4