HomeMy WebLinkAbout9017AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL 5G
SUBJECT: Interlocal Agreement with Study Session Date:
Olympic College for Engineering and COUNCIL MEETING Date:
Architectural Design Services for Department:
Improvements to the 16th Street Main Presenter:
Entrance to Olympic College and along Phone:
SR303
April 11, 2018
April 18, 2018
Public Works
Chal Martin
(360) 473-5758
SUMMARY: The Interlocal Agreement between Olympic College and the City of Bremerton related
to Engineering and Architectural Design Services will enable the City and the College to work
cooperatively to develop a concept for 16th Street main entrance improvements, and associated
frontage improvements along SR-303. The purpose of developing the concept is to facilitate future
project funding.
ATTACHMENTS:
1. Interlocal Agreement
FISCAL IMPACTS (Include Budgeted Amount): Each Party will contribute up to $25,000 to this
effort. 2018 funding is available in the City's Transportation Capital Fund.
STUDY SESSION AGENDA: ® Limited Presentation ❑ Full Presentation
STUDY SESSION ACTION: I@ Consent Agenda ❑ General Business ❑ Public Hearing
RECOMMENDED MOTION:
Move to approve the Interlocal Agreement between Olympic College and the City of Bremerton
related to Engineering and Architectural Design Services, and authorize the Mayor to finalize and
execute the agreement with substantially the same terms and conditions as presented.
COUNCIL ACTION: @Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action
Form Updated 01/02/2018
INTERLOCAL AGREEMENT
BETWEEN
OLYMPIC COLLEGE AND THE CITY OF BREMERTON
RELATED TO
ENGINEERING AND ARCHITECTURAL DESIGN SERVICES
THIS INTERLOCAL AGREEMENT is made and entered into pursuant to the Interlocal
Coo eration Act, Chapter 39.34 of the Revised Code of Washington, on the day of
2018, by and between Olympic College (College), a Community
Col ege of the State of Washington, and the City of Bremerton (City), a municipal corporation of
the State of Washington, (the Parties).
WHEREAS, Revised Code of Washington Section 39.34.030 authorizes cooperative
efforts between public agencies, and
WHEREAS, Olympic College, with a student body of over 13,000 students, is situated
within the City of Bremerton adjacent to State Route 303, with the main campus generally west
of SR-303, a State Route with daily average traffic counts exceeding 35,000 vehicles, and
WHEREAS, the College's main entrance is 16t` Street off of SR-303, and
WHEREAS, the College recently expanded academic offerings in partnership with
Washington State University to include Baccalaureate degrees in Mechanical and Electrical
Engineering in buildings located east of SR-303, requiring students and faculty members to cross
this very busy arterial, and
WHEREAS, the amount of pedestrians in and around Olympic College indicate the need
for significant improvements, and
WHEREAS, the City of Bremerton operates SR-303 within the City limits, and
WHEREAS, the City has developed a "bridge to bridge corridor" concept to improve
transportation infrastructure to a "complete street" standard which enables pedestrians, bicyclists
and ADA residents to easily and safely navigate the City's roads and bridges, and
WHEREAS, the segment of SR-303 adjacent to Olympic College is part of the "bridge
to bridge corridor" concept and improvements are necessary, and
WHEREAS, the City has completed significant improvements on the "bridge to bridge
corridor" with its Lower Wheaton Way reconstruction project, Lebo Boulevard reconstruction
project (including an accessible shared use path from Lebo Boulevard connecting to the Warren
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Interlocal Agreement Between Olympic College and the City of Bremerton for Conceptual Design Services
Avenue bridge), and in addition has developed a concept for both a pedestrian overpass and a
pedestrian underpass of SR-303 adjacent to the College, and
WHEREAS, the State Legislature has designated $500,000 for an SR-303 Corridor
Study, and
WHEREAS, the City has identified $25,000 in funding for 2018 to further a conceptual
design to improve the SR-303 corridor adjacent to Olympic College, and
WHEREAS, the City and the College wish to work cooperatively to develop a concept
for improved and safe pedestrian and vehicular access to the College,
NOW, THEREFORE, in consideration of their mutual covenants, conditions and
promises, THE PARTIES AGREE as follows:
1. PURPOSE OF AGREEMENT: The purpose of this Agreement is for the College and the
City to work cooperatively to develop a design concept for 16th Street main entrance
improvements, frontage improvements along SR-303, and additional pedestrian improvements
including a possible pedestrian overpass and/or underpass across SR-303.
2. ADMINISTRATION OF AGREEMENT: The Olympic College Division of
Administrative Services will administer this Agreement for Olympic College. The Bremerton
Public Works Department will administer this Agreement for the City of Bremerton.
3. LEAD ENTITY: Olympic College will be the administrative lead. The City of
Bremerton will assign a project manager to work closely with the College to ensure an efficient
communication and decision -making process.
4. RELATED TASKS: This interlocal Agreement envisions additional tasks related to
development of funding proposals, grant applications, and public outreach.
6. ADDITIONAL FUTURE AGREEMENTS: The Parties envision that the concept
developed under this interlocal Agreement will provide the basis for developing funding sources
for a detailed design effort, followed later by project construction funding. The Parties envision
that funding will come from a number of sources, including State capital budget and federal,
state, and local transportation sources.
7. DURATION OF AGREEMENT: This Agreement shall take effect upon execution of the
Agreement by both the College and the City and shall remain in effect until December 31, 2019.
8. TERMINATION OF AGREEMENT: Either the College or the City may terminate this
Agreement by giving ten days written notice to the other party.
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Interlocal Agreement Between Olympic College and the City of Bremerton for Conceptual Design Services
9. COLLEGE EMPLOYEES: College employees pursuant to this Agreement remain
employees of the College at all times and shall perform the work envisioned under sole
supervision of the College.
10. CITY EMPLOYEES: City employees pursuant to this Agreement remain employees of
the City at all times and shall perform the work requested under sole supervision of the City.
11. REIMBURSEMENT: This Agreement envisions the Parties entering a professional
services contract with a third party for conceptual design work in exchange for consideration not
to exceed $50,000, and the Parties shall each be responsible for fifty percent (50%) of the
payment for said contract up to a maximum of $25,000 per Party. The $50,000 cap may be
exceeded only upon the mutual written agreement of both Parties. Each Party will pay for its
own staff time involved in this effort.
12. LEGAL/ADMINISTRATIVE ENTITY: No separate legal or administrative entity is
created by or pursuant to this Agreement.
13. INDEMNIFICATION
A. To the extent of the law, the City shall defend, indemnify and hold harmless the
College, its officials, officers, employees and agents, for all claims, liabilities, damages,
expenses, reasonable attorney's fees and suits arising from negligence of the City and its agents.
B. To the extent of the law, the College shall defend, indemnify and hold harmless
the City, its officials, officers, employees and agents, for all claims, liabilities, damages,
expenses, reasonable attorney's fees and suits arising from negligence of the College and its
agents.
C. In cases of concurrent fault of the City and College, the above provisions
requiring each party to defend, indemnify and hold harmless the other party ("indemnification
provisions") are valid and enforceable only to the extent of the fault of the respective parties.
D. Solely for purposes of the indemnification provisions, each party waives its
immunity under Title 51 (Industrial Insurance) of the Revised Code of Washington and
acknowledges that this waiver was mutually negotiated by the parties.
E. The indemnification provisions shall survive the expiration or termination of this
Agreement.
14. COMPLIANCE WITH REGULATIONS AND LAWS: The Parties shall comply with
all applicable rules and regulations pertaining to them in connection with the matters covered in
this Agreement, including the procurement requirements for architectural and engineering
services set forth in Chapter RCW 39.80.
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Interlocal Agreement Between Olympic College and the City of Bremerton for Conceptual Design Services
15. ASSIGNMENT: The Parties shall not assign this Agreement or any interest, obligation
or duty herein without the express written consent of the other party.
16. ATTORNEYS' FEES: In the event of litigation to enforce any of the terms or provisions
herein, each party shall pay all its own costs and attorney's fees.
17. NOTICES:
All notices and payments hereunder may be delivered or mailed. If mailed, they shall be
sent to the following respective addresses:
To Olympic College:
Dept. of Administrative Services
1600 Chester Avenue
Bremerton, WA 98337-1699
Attn: VP, Administrative Services
Phone: (360) 475-7501
To Bremerton:
City of Bremerton
345 6th Street, Suite 100
Bremerton, WA 98337
Attn: City Clerk
Phone: (360) 473-5290
or to such other respective addresses as either Party may hereafter designate in writing. All
notices and payments mailed by regular post (including first class) shall be deemed to have been
given on the second business day following the date of mailing, if properly mailed and
addressed. Notices and payments sent by certified or registered mail shall be deemed to have
been given on the day next following the date of mailing, if properly mailed and addressed. For
all types of mail, the postmark affixed by the United States Postal Service shall be conclusive
evidence of the date of mailing.
18. INSURANCE REQUIREMENT: The College is covered by the State of Washington
Self -Insurance Program and the Tort Claims Act (Chapter 4.92 RCW). Claims against the
College and its employees, officers, and agents in the performance of their duties under this
Agreement will be paid from the tort claims liability account as provided in Chapter 4.92 RCW.
The City shall obtain and maintain liability coverage in minimum liability limits of One Million
Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) in the aggregate for
general liability, errors and omissions, auto liability.
Each party to this Agreement agrees to provide the other with evidence of insurance coverage in
the form of a certificate from a solvent insurance provider confirming coverage from a solvent
insurance company or pool which is sufficient to address the insurance obligations set forth
above.
19. NON-DISCRIMINATION POLICY: The College and the City agree not to discriminate
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Interlocal Agreement Between Olympic College and the City of Bremerton for Conceptual Design Services
in the performance of this Agreement because of race, color, national origin, sex, sexual
orientation, age, religion, creed, marital status, disabled or Vietnam era veteran status, or the
presence of any physical, mental sensory handicap, or other status protected by law.
20. FILING: This document shall be filed with the County Auditor pursuant to RCW 39.34
or, alternatively, listed by subject on the public agency's web site.
21. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the
Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have
not been set forth in the text of this Agreement.
22. CHOICE OF LAW AND VENUE: This Agreement shall be interpreted according to the
laws of the State of Washington. Any judicial action to resolve disputes arising out of this
Agreement shall be brought in Kitsap County Superior Court.
IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and
year first above written.
CITY OF BREMERTON
OLYMPIC COLLEGE
A7W
Greg Wheeler, Mayor �Dr.—Mi.-.art*eavalluzzi,#ympic College President
Date Date
ATTEST:
annon Corin, City Clear c—�
Approved as to form:
Roger A. Lu ov' , City 4itolmey
ATTEST:
Approved as to form:
H. Bruce Marvin
Assistant Attorney General
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Interlocal Agreement Between Olympic College and the City of Bremerton for Conceptual Design Services
STATE OF WASHINGTON )
ss.
COUNTY OF `
ON THIS / day of /'1 2018, before me,
personally appeared A1r,6qGt t �e; ( � and / /,� , to me
known to be the / and o, V
being one of the munic' al corporations that executed the within and foreg6ing instrument, and
they acknowledged said instrument to be the free and voluntary act and deed of said corporation,
for the uses and purposes therein mentioned, and on oath stated that they were authorized to
execute said instrument, and the seat of said municipal corporation is affixed hereon.
WITNESS my hand and official seal hereto the day and year in this certificate first above
written.
Notary Public
State of Washington
Shannon L. Corin
Commission Expires
11-17-2019
STATE OF WASHINGTON )
) ss.
COUNTY OF 1
Notary ublic in �andfor the State of Washington,
Residing at
My commission expires
ON THIS ! / day of 2018, before me,
personally appeared a r-� i and , to me
known to be the + and of O vh `—
being one of the municipal corporations that executed the within and oregoing instrument, and
they acknowledged said instrument to be the free and voluntary act and deed of said corporation,
for the uses and purposes therein mentioned, and on oath stated that they were authorized to
execute said instrument, and the seat of said municipal corporation is affixed hereon.
WITNESS my hand and official seal hereto the day and year in this certificate first above
written.
Notary Public
State of Washington
LAURIE HARMON
MY COMMISSION EXPIRES
AUGUST 5, 2019
Notary Public in and for the5tap of Washington,
Residing at (f
My commission expires ' 6 0
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Interlocal Agreement Between Olympic College and the City of Bremerton for Conceptual Design Services