HomeMy WebLinkAbout5525 �
� Washington State
Department of Transportation
Utility Name 8�Address
Utility Preliminary Engineering City of Bremerton
Agreement 3027 Olympus Drive
Bremerton, WA 98310 .
Work by State— Utility Cost
Agreement Number Region Control Section Project Title/Location ,
UTB 1205 Olympic 1806 Anderson Creek Tributary to Sinclair Inlet-Fish Barrier
State Route Mileposts Removal
SR 16 From 27.70 to 28.20
Estimated Agreement Amount Advance Payment Amount
$ 15,836.84 $2,375.53 .
This Utility Preliminary Engineering Agreement is made and entered into between the Washington State
Department of Transportation, herein (STATE)and the above named UTILITY.
WHEREAS, the STATE is planning the construction or improvement of the State Route as shown above for the
identified STATE Project, and in connection therewith, it is necessary to remove and/or relocate or construct certain
UTILITY facilities, and
WHEREAS, it is deemed to be in the best public interest for the UTILITY to develop the preliminary engineering,
including the preparation of plans, specifications and cost estimate, herein the"Work,"for the removal, relocation
and/or construction of the UTILITY's facilities as part of the STATE's Project, and
WHEREAS, the STATE will incorporate the UTLITY's Work into the STATE's PS&E, and
WHEREAS, the UTILITY agrees it is responsible for the cost of incorporating the Work associated with UTILITY
facilities located without a documented ownership of and/or interest in real property, such as being located pursuant
to a franchise, a permit, or undocumented permission, all betterments, and new facilities,
WHEREAS, the STATE and the UTILITY intend to enter into a Utility Construction Agreement to cover the actual
construction, relocation, and/or removal of the UTILITY's facilities,
NOW, THEREFORE, pursuant to RCW 47.01.210 and chapter 47.44 RCW and in consideration of the terms,
conditions, covenants, and performances contained herein, as well as the attached Exhibits A 8� B which are
incorporated and made a part hereof,
IT IS MUTUALLY AGREED AS FOLLOWS:
1. PLANS, SPECIFICATIONS AND ESTIMATES
1.1 Proqram Guide: Utility Relocation and Accommodation on Federal Aid Highway Projects shall determine
and establish the definitions and applicable standards and payments for this Agreement. By this reference
said document is adopted and made a part of this Agreement as if fully contained herein.
1.2 Betterment: A betterment is any improvement to the UTILITY's facilities not required by code, regulation,
standard industry practice, or any other applicable regulation. If any of the Work constitutes a betterment
as defined in the Program Guide: Utility Relocation and Accommodation on Federal Aid Highway Projects,
the UTILITY is solely responsible for the preliminary engineering costs of such improvement.
� UTB 1205: Bremerton —Work by State — Utility Cost Page 1 of 4
1.3 The UTILITY will perform, at the UTILITY's sole cost and expense, the preliminary engineering, including
the preparation of plans, specifications and cost estimate, herein the"Work,"for the removal, relocation
and/or construction of the UTILITY's facilities as part of the STATE's Project to the UTILITY's specifications
and/or requirements.
1.4 The UTILTY shall provide the Work to the STATE for Incorporation into the STATE Project PS8�E.
1.5 The UTILITY shall be responsible for all costs the STATE iricurs in incorporating the Work into the STATE
Project PS8�E.
1.6 The Parties agree that the STATE is under no obligation to the UTILITY, except as agreed to under this
Agreement. Therefore, if the inclusion of the UTILITY Work threatens to delay the STATE's Project, the
STATE shall have the unilateral authority to delete the UTILITY Work from the STATE Project and
terminate this Agreement. The STATE shall immediately notify the UTILITY of such actions. The UTILITY
agrees that it will be responsible for costs incurred by the STATE up to the date of termination.
1.7 The UTILITY agrees that should the Work be excluded from the STATE Project PS8�E, it shall continue to
be obligated to timely design remove, relocate and/or construct its facilities as required by the STATE
Project. The UTILITY further agrees that should its actions delay or otherwise damage the STATE Project,
it shall be liable for such costs.
2. PAYMENT
2.1 The UTILITY agrees that it shall be responsible for the actual direct and related indirect costs of including
the Work into the STATE Project PS&E. An itemized estimate of UTILITY-responsible costs for the
incorporation work to be performed by the STATE is included in Exhibit B, Cost Estimate.
2.2 The UTILITY agrees to pay the STATE the "Advance Payment Amount"stated above within twenty(20)
calendar days after the execution of this Agreement. The advance payment represents fifteen (15) percent
of the estimate of cost for which the UTILITY is responsible. The advance payment will be carried
throughout the life of this Agreement with final adjustment made in the final invoice.
2.3 The Parties acknowledge and agree that the STATE does not have the legal authority to advance state
funds for the UTILITY's Work under this Agreement. Should the UTILITY fail to make payment according to
the terms of this Agreement, the STATE shall have the right to terminate this Agreement, charging the
UTILITY for all costs up to the date of termination.
2.4 The UTILITY, in consideration of the faithful performance of the STATE including the Work to be included
� in-the STATE Project PS&E, agrees to pay the STATE for the actual direct and related indirect cost of this
process.The STATE shall invoice the UTILITY and provide supporting documentation therefore, and the
UTILITY agrees to pay the STATE within thirty(30)calendar days of receipt of an invoice. A partial
payment will not constitute agreement as to the appropriateness of any item and that, at the time of final
payment, the Parties will resolve any discrepancies.
3. CHANGE IN WORK OR COST INCREASE
3.1 Increase in Cost: In the event unforeseen conditions require an increase in the Exhibit B, Cost Estimate, for
incorporating tfie Work into the STATE Project PS&E for which the UTILITY is responsible, by more than
twentv-five(25) percent, the Parties agree to amend Exhibit B to include such cost increase.
UTB 1205: Bremerton —Work by State — Utility Cost Page 2 of 4
3.2 If a change in STATE Project design occurs that will affect the Work, the STATE will inform the UTILITY, in
writing, of such change and the UTILITY shall respond giving notice of its acceptance or rejection of the
change, in writing within five(5)working days of receiving the notice. If the UTILITY rejects the change, the
Parties agree to diligently and in good faith work together to reach a mutual resolution. Otherwise, either
Party may terminate this Agreement. If terminated, the UTILITY agrees to pay all costs incurred by the
STATE up�to the date of termination. The UTILITY agrees that should the Work be terminated and
removed from the STATE Project PS&E, it shall continue to be obligated to timely design, remove, relocate
and/or construct its facilities as required by the STATE Project. The UTILITY further agrees that should its
actions delay or otherwise damage the STATE Project, it shall be liable for such costs.
4. RIGHT OF ENTRY
4.1 The UTILITY agrees to obtain all necessary permissions for the STATE to include the Work in the STATE
Project PS&E. The UTILITY agrees to provide the rights of entry and applicable permissions to the STATE
within fourteen (14)calendar days of entering into this Agreement.
5. GENERAL PROVISIONS
5.1 Indemnitv: To the extent authorized by law, the UTILITY and STATE shall indemnify and hold harmless one
another and their employees and/or officers from and shall process and defend at its own expense any
and all claims, demands, suits at law or equity, actions, penalties, losses, damages (both to persons and/or
property), or costs, of whatsoever kind or nature, brought against the one Party arising out of, in connection
with, or incident to the other Party's performance or failure to perform any aspect of this Agreement;
provided however, that if such claims are caused by or result from the concurrent negligence of(a)the
UTILITY and (b)the STATE, their employees, and/or officers, or involves those actions covered by RCW
4.24.115, this indemnity provision shall be valid and enforceable only to the extent of the negligence of the
UTILITY or STATE, and provided further, that nothing herein shall require the UTILITY or STATE to hold
harmless or defend the other or its employees and/or officers from any claims arising from that Party's sole
negligence or that of its employees and/or officers. The terms of this section shall survive the termination of
this Agreement.
5.2 Disputes: If a dispute occurs between the UTILITY and the STATE, the Parties agree to negotiate at the
management level to resolve any issues. Should such negotiations fail to produce a satisfactory resolution,
the Parties agree to enter into arbitration and/or mediation before proceeding to any other legal remedy.
Each Party shall be responsible for its own fees and costs.The Parties agree to equally share in the cost of
a mediator or arbiter. ,
5.3 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 hereto agree that any such action or proceedings
shall be brought in the superior court situated in Thurston County, Washington, unless the filing in Thurston
County conflicts with the provisions of RCW 47.28.120. Further, the Parties agree that each shall be
responsible for its own attorney fees and costs.
5.4 Termination:
5.4.1 Unless otherwise provided herein, the UTILITY may terminate this Agreement upon thirty(30)
calendar days written notice to the STATE. If this Agreement is terminated by the UTILITY prior to the
fulfillment of the terms stated herein, the STATE shall be reimbursed for all actual direct and related indirect
expenses and costs incurred up to the date of termination associated with incorporation of the UTILITY
Work into the STATE Project PS8�E. Further, the UTILITY acknowledges and agrees that should it
terminate this Agreement, such termination shall not relieve the UTILITY from its responsibility to design,
remove, relocate and/or construct its facilities so as not to delay or conflict with the STATE Project.
' 5.4.2 Unless otherwise provided herein, the STATE may terminate this Agreement, upon thirty(30)days
written notice to the UTILITY. Should the STATE terminate this Agreement, the UTILITY shall reimburse
the STATE for all actual direct and related indirect expenses and costs incurred by the STATE up to the
date of termination. The UTILITY acknowledges and agrees that should the STATE terminate this
UTB 1205: Bremerton —Work by State — Utility Cost Page 3 of 4
- , , . , ,
Agreement, such termination shall not relieve the UTILITY from its responsibility to design, remove,
relocate and/or construct its facilities so as not to delay or conflict with the STATE Project..
• 5.5 Amendments: This Agreement may be amended by the mutual agreement of the Parties. Such
amendments or modifications shall not be binding unless put in writing and signed by persons authorized to
bind each of the Parties.
5.6 Independent Contractor: Both Parties shall be deemed independent contractors for all purposes, and the
employees of each Party and any of its contractors, subcontractors, consultants, and the employees
thereof, shall not in any manner be deemed to be the employees of the other Party.
5.7 Audit and Records: During the progress of the Work and for a period of not less than three (3) years from
the date of final payment, both Parties shall maintain the records and accounts pertaining to the Work and
the inclusion of the Work into the STATE Project PS&E and shall make them available during normal
business hours and as often as necessary, for inspection and audit by the other Party, State of
Washington, and/or Federal Government and copies of all records, accounts, documents or other data
pertaining to the Work and the inclusion of the Work into the STATE Project PS&E will be furnished upon
request. The requesting Party shall pay the cost of copies produced. If any litigation, claim or audit is
commenced, the records and accounts along with supporting documentation shall be retained until any
litigation, claim or audit finding has been resolved even though such litigation, claim or audit continues past
the three-year retention period.
5.8 Working Days: Working days 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 last
signed below. .
WASHINGTON STATE
DEPARTMENT OF TRANSPORTATION UTILITY
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gy: By: �Yl�_
Print: '��X'l�1 W � !?C�S Print:��V l�Q� ` U , �1r��T_
Title:� Title���t' � .1��1 r�C��Y
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Date: � 5�
APPROVED AS TO FORM
Date: �(� - ��'-/S
Bn . a ay, emor ssis an orney enera , '
UTB 1205: Bremerton —Work by State — Utility Cost Page 4 of 4
UTB 1205 EXHIBIT A
SPECIAL PROVISIONS
SCOPE OF WORK
The Work proposed within this Agreement is for UTILITY facilities on STATE's highway right of way and
the UTILITY is obligated to pay for all Preliminary Engineering costs. The Work proposed under this
Agreement will consist of pertorming work necessary for review and incorporation of the UTILITY
prepared Plans, Specifications and Estimate (PS&E)for the relocation of the UTILITY's water and
sanitary sewer lines into the STATE's PS&E for the Anderson Creek Tributary fo Sinclair Inlet— Fish
Barrier Removal project as described herein:
WORK TO BE PERFORMED BY THE STATE
1. Review and consultation during development of the PS&E.
2. Incorporation of plans, specifications and estimate into the STATE's PS&E as required to
include this Work in the STATE's contract Ad and Award package.
3. Process any addendum(s) that may be required during the Ad process.
WORK TO BE PERFORMED BY THE UTILITY
1. Provide a professional engineer stamped PS&E to the STATE for all Work required for both
temporary and permanent relocations for the UTILITY's water and sanitary sewer facilities
in conflict with the STATE's project.
BETTERMENT
Adjustment of the UTILITY's facilities does not constitute a betterment as defined in Federal-Aid Policy
Guide—23 CFR 645A, Subpart A.
UTB 1205- Exhibit A , Page 1 of 1
UTB 1205 Exhibit B
Utility Preliminary Engineering Agreement
Cost Estimate �
DESCRIPTION Unit Quantity Unit Amount-•
Price
DESIGN TEAM
Design Team Leader Hrs. 48 $56.25 $2,700.00
Designer Hrs. 80 $50.00 $4,000.00
Tech. Support • ' Hrs. 48 $43.75 $2,100.00
CADD Hrs: 48 $43.75 $2,100.00
Survey Crew(3 persons) Hrs. 8 $143.75 $1,150.00
REVIEW AND APPROVAL ,
Project Development Approval � Hrs. 8 $62.50 $500.00
Field Office Review Hrs. 16 $56.25 $900.00
Region Review ' Hrs. 16 $56.26 $900.16
Subtotal $14,350.16
"Indirect Costs @ 10.36% $1,486.68
Total Estimated Cost $15,836.84
*The indirect cost will be applied at the actual rate in affect at the time the work is performed, in
accordance with Washington State Department of Transportation Directive D 13-21.
Agreement UTB-1205
Page 1 B Exhibit B
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VICINITY MAP �
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DIRECTIONS: � '
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SCALE IN FEEi
PURPOSB:REPLACB CULVBRi REFERENCE: _ '
PROPOSED:FISN PASSAGE CULVERT APPUCANT:YVSDOT �'
IOCATION:SR 16,MP 27.70 TO MP 28.20 COUNTY:KITSAP -„
DAiUM:NAVU 88-NAD a1�07 NEAR:GORSGBREMERTOfWPORT ORCXARD Washington S}q�@
ADJACENT PROYERTY OWNERS: wATeR BODY:ANDERSON CREEK iSINCWR INI�T
SR 16/ANDERSON CREEK TRIB.TO SINCWR INLET- De(7OI'�R7@r1�Of TfqflS(]OI'}GtlOfl
FlSM BARRIER NEMOVAL DATE:20 IUNE 2013 SHEET:1 OF:II
UTB-1205
Sheet 1C Exhibit C