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HomeMy WebLinkAbout5499Contract Number: Vendor: Subject: Department: File Class: Begin Date: End Date: Review Date: Vault Date: 5499 WSDOT SR303/Manette Bridge Sewer Relocation Settlement Agreement Engineering GS50-01-11 Rev. 3 General 6/17/2015 7/17/2015 2016 Comments : ; � �� r %/ � AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: SR303-Manette Bridge Sewer Relocation Settlement Agreement with WSDOT� Study Session Date: 6/10/15 COUNCIL MEETING Date: 6/17/15 Department: PW�U Presenter: Ned Lever Phone: 473-5758 SUMAIIARY: A legacy issue associated with the construction of the Manette bridge has been the improperly-constructed sewer line adjacent to a pier on the Manette side of the bridge. This sewer line resulted in a backup in 2012 which released sewage into Port Washington Narrows. Public Works and WSDOT staff have worked over the past three years to come to an agreement and move forward. We believe it is reasonable and best for the City to make the repair, as sewer repair work is not a WSDOT area of expertise. At issue has been the monetary value to assign to the repair risk. Mayor Lent stepped in with a best and final offer, which WSDOT accepted. The attached agreement formalizes the settlement. ATTACHNIENTS: Settlement Agreement FISCAL IIVIPACTS (Include Budgeted Amount): Neutral or positive. We believe we can make the sewer line repairs within the $250,000 settlement amount. STUDY SESSION AGENDA: � No Presentation ❑ Full Presentation STUDY SESSION ACTION: � Consent Agenda O General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the Manette Bridge Sewer Settlement Agreement with WSDOT and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNClL ACTION: [�Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Fortn Updated 01/07/15 R ' GCB 2102 SR 303/Manette Bridge Sewer Relocation Settlement Agreement This Settlement Agreement is made and entered into between the WASHINGTON STATE, Department of Transportation, hereinafter the "State," and the City of Bremerton, 345 6th Street, Suite 600 Bremerton, WA 98337 , hereinafter the "City." WHEREAS, the legislature deleted portions of SR 303 from the state highway system pursuant to RCW 47.17.555 in 1992; however, the legislature made the State responsible for the structural maintenance, repair, and replacement of the Manette Bridge's substructure, superstructure, and roadway deck pursuant to RCW 47.17.960, and. WHEREAS, the State had a construction project to replace the Manette Bridge within the City corporate limits, entitled "SR 303/Manette Bridge Bremerton Viciriity — Bridge Replacement," hereinafter the "Project," and WHEREAS, it was discovered that a City-owned sewer line conflicted with the construction of the Project, requiring relocation of the sewer line, and WHEREAS, the State relocated the sewer line as part of the Project at State expense by constructing a new sewer line (Sewer Line) in a different location, and WHEREAS, after construction, the Sewer Line profle had multiple sags which has the potential to reduce capacity, increase the incidence of blockages, and require higher than normal maintenance, and WHEREAS, the City has agreed to accept the Sewer Line in its present condition as constructed by the State and to release and indemnify the State from all future responsibility for the operation, maintenance, repair, and replacement of the Sewer Line, if the State will pay the City Two Hundred Fifty Thousand ($250,000.00) dollars, and WHEREAS, the cost to correct the Sewer Line profile would exceed Two Hundred Fifty Thousand ($250,000.00) dollars, and , WHEREAS, the State agrees to pay the City the agreed amount in exchange for the City accepting the Sewer Line in its present condition, including accepting the sole responsibility for the operation, maintenance, repair and replacement of the Sewer Line and in full settlement of any and all present and future costs or damages caused by the State's construction and relocation of the Sewer Line, NOW, THEItEFORE, pursuant to Title 47 RCW, the above recitals that are incorporated herein as if fully set forth below, and in consideration of the terms, conditions, covenants, and performances contained herein, and Exhibit A, attached hereto and made a part hereof, IT IS MUTUALLY AGREED AS FOLLOWS: GCB 2102 Page 1 of 3 ti � . 1. GENERAL 1.1 The State agrees to settle all Project impacts to the Sewer Line, including its construction and relocation, by making a one-time Settlement Payment of Two Hundred Fifty Thousand Dollars ($250,000.00), as shown in Exhibit A, to the City. 1.2 The City agrees to accept Two Hundred Fifty Thousand Dollars ($250,000.00) from the State as full and complete settlement and compensation for all present and future Project impacts to the Sewer Line, including its construction and relocation, and to assume at the City's sole cost and expense all responsibility for maintenance, operation, repair, and replacement of the Sewer Line in its current condition. 2. SETTLEMENT PAYMENT 2.1 Within thirty (30) calendar days from the date of execution of this Settlement Agreement, the State will make a one-time lump sum Settlement Payment of Two Hundred Fifty Thousand Dollars ($250,000.00) to the City in full and complete settlement and compensation for all present and future Project impacts to the Sewer Line, including its construction and relocation. 2.2 Upon the City's receipt of the State's Settlement Payment of Two Hundred Fifty Thousand Dollars ($250,000.00), the City releases the State from any and all costs or claims, present and future, for compensation due to the construction and relocation of the Sewer Line as part of the Project. Further, the City agrees to and shall accept the Sewer Line in its present condition upon receipt of the Settlement Payment and shall also accept, at its sole cost and expense, all responsibility for the operation, maintenance, repair, and replacement of the Sewer Line. 3. TERM OF AGREEMENT 3.1 The term of this Agreement shall commence on the day and year this Agreement is fully executed and shall continue until the City receives the State's Settlement Payment. 4. MODIFICATION 4.1 No modification of this Agreement is valid unless evidenced in writing by amendment to this Agreement and signed by both Parties. No verbal agreement may supersede, replace or amend this Agreement. 5. VENUE 5.1 In the event that either Party deems it necessary to institute legal action or proceedings to enforce any right or obligation under this Agreement, the Parties hereto agree that any such action or proceedings shall be brought in Thurston County Superior Court. Further, the Parties agree that each will be solely responsible for payment of its own attorney fees, witness fees, and costs. 6. INDEMNIFICATION 6.1 The City shall protect, defend, indemnify, and hold harmless the State and its employees and authorized agents, 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 GCB 2102 Page 2 of 3 .. .:• � way resulting from, the City's obligations to perform the operation, maintenance, repair or replacement of the Sewer Line pursuant to the provisions of this Agreement. 6.2 The City further agrees to release, defend, indemnify and hold harmless the State from and against any and all claims, causes of action, demands and liability including, but not limited to, any costs, liabilities, damages, expenses, assessments, penalties, fines, losses, judgments and attorneys' fees associated with the removal or remediation of any hazardous substances that have been released, or otherwise come to be associated with the relocated Sewer Line. 6.3 Section 6 shall survive the termination or expiration of this Settlement Agreement. 7. AUTHORIZING SIGNATURES 7.1 The persons signing this Settlement Agreement warrant that they have the respective power and authority to execute and bind their respective Party to the terms and conditions of this Settlement Agreement. IN WITNESS WHEREOF, the Parties hereto have executed this Settlement Agreement as of the Party's date signed last below. CITY OF BREMERTON By: � l� Patty Le , ayor Date: D G �Z � APPROVED AS TO FORM STATE OF WASHINGTON DEPARTMENT OF TRANSPORTATION B � - K in J. ayton, Region Administrator Date: _ �� NL� �i�7 , Z��,� APPROVED AS TO FORM 4 , By: By: c. City Attorney Ann E. Salay, Senior Counsel 6 � �5 - 2c� is— `-� Date: �7 Date: GCB 2102 Page 3 of 3 r� 1 .• ' . � i i , , � . ..F �. ' Mayor Patty Lenfi �]Y: .. .. _�:r.:' . .. . December 18, 2014 7+.`. !"' � ,, i '3 ' ' 3 '�!`9"'v .: � :.. r � �� &° ` i Mr. Nea! Campbeii Local Programs Engineer Washington State Department of Transportation Olympic Region F'O Box 47440 Olympia, WA 98504 RE: Manette Bridge Beach Sewer Replacement — Revised Settlement Offer Dear Mr. Campbeli, I want to thank you and the WSDOT Qlympic Region staff for yaur continuing efforts to work with the City to resolve this important issue. Most recently, yaur meeting with our staff on Tuesday, Oecember 16` at }�our Port Orchard offices was muct� appreciated. As you know, our staff continues to be very concerned about the sewer line: the coRtinuing risk of feaving it unrepaired, and also the significant rislc invofved in repairing it. We recognize that both parties would like to sett{e this issue so that it can be put behind us. Therefore, in a final effort to resalve this issue, we propose the following: • Bremerton will immediately process an amendment to GCA-6458, and process for payrnent the outstanding balance of $4,679.00. • Bremerton wili submit for payment any remaining charges against GCA-6463 so that this agreement can be clased out. • WSDOT will pay the City �250,OD0. • Bremerton will accept the sewer line and release WSDOT from future tiability associated with the improperly constructed iine, subject to a written agreement outlining the elements above. Thank you in advance for your consideration of this settlement offer. Respectfully, ..� T�- Pa L t Maya GCB 2012 Exhibit A Paae 1