HomeMy WebLinkAbout4776
Contract Number: 4776
Vendor:
TRANSPORTATION, DEPT OF (WA STATE)
Subject:
Manette Bridge R/W Acquisition
Department:
Engineering
File Class:
LEG 12-1
Begin Date:
11/25/2008
End Date:
12/31/2010
Review Date:
12/01/2010
Vault Date:
Comments:
GCA-5845
1,
'. '
GCA-5845
Manette Bridge R/W Acquisition
This Agreement is made and entered into between the State of Washington Department of
Transportation, hereinafter the "STATE," and the City of Bremerton, 3027 Olympus Drive,
Bremerton, Washington, hereinafter the "CITY."
WHEREAS, the legislature deleted 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 ofthe Manette Bridge's substructure, superstructure, and
roadway deck pursuant to RCW 47.17.960, and
WHEREAS, the STATE plans to replace the Manette Bridge with a new structure, hereinafter the
"Project," and
WHEREAS, the CITY has ownership of and jurisdictional authority over the Manette Bridge as part
of its city street system, and
WHEREAS, real estate appraisal, acquisition, and relocation services are required for the acquisition
and relocation of at least one privately owned and occupied residential property as well as obtaining
right of way from the Department of Natural Resources (DNR), and
WHEREAS, the ST ATE agrees to provide all Project associated real estate services, and
WHEREAS, it is agreed by the ST ATE and the CITY that the ST ATE will acquire all property rights
necessary for the Project in the name of the CITY,
NOW, THEREFORE, pursuant to RCW 47.17.960 and RCW 47.28.140 and in consideration of the
terms, conditions, covenants, and performances contained herein, or attached and incorporated and
made a part hereof, IT IS MUTUALLY AGREED AS FOLLOWS:
1. CITY RESPONSIBILITIES
1.1 The CITY agrees, at the sole cost ofthe CITY, to:
1.1.1 Pertaining to acquisition of publicly held real property:
a. Provide a resolution by the CITY Council authorizing a petition to the Department of
Natural Resources (DNR) for a grant of right of way across state lands in accordance
with RCW 79.110.100 and RCW 79.36.440;
b. Provide reasonable assistance necessary for the STATE to acquire the DNR right of
way for the Manette Bridge Project, said assistance includes actions and processes the
ST ATE is unable to reasonably accomplish independently or is prevented from
accomplishing due to operation of law; and
c. Accept all DNR property and/or property rights in the name of the City of Bremerton.
1.1.2 Pertaining to acquisition of privately held real property:
a. Provide approval as to acceptance of certain special exceptions appearing on property
title reports;
GCA-5845
Page 1 of 4
L.
b. Accept all private property and/or property rights administratively acquired in the
name of the City of Bremerton, or in the alternative, should the STATE acquire the
property and/or property rights under its eminent domain authority, thereafter, accept a
transfer of the property and/or property rights; and
c. The CITY shall review and execute leases, if any, with occupants of property acquired
in the name ofthe CITY, within 15 days of the STATE's presentation to the CITY ofa
lease executed by a tenant. The CITY shall review and execute notices, if any, to
occupants within 15 days of their presentation to the CITY by the STATE. Where title
to the property is in the name of the CITY, the CITY shall initiate legal action for
removal of a specified tenant from the property within 15 days of receiving a written
request from the STATE to initiate such proceedings.
2. STATE RESPONSIBILITIES
2.1 The STATE shall provide, at its sole cost:
2.1.1 Pertaining to acquisition of publicly held real property:
a. All work necessary to acquire sufficient property rights from DNR in the name of the
City of Bremerton for the Manette Bridge Project.
2.1.2 All work pertaining to acquisition of privately held real property, pursuant to chapter
8.26 RCW and chapter 47.12 RCW, that may include:
a. Title reports and updates;
b. Right of Way Plans and necessary Engineering Plans;
c. Appraisal and Appraisal Review Services;
d. Acquisition Services, including condemnation if necessary;
e. Relocation Services; and
f. Administrative acquisition ofthe property and/or property rights acquired in the name
of the City of Bremerton. Should the property and/or property rights be acquired under
the STATE's eminent domain authority, the STATE shall transfer title to the property
and/or property rights to the CITY within sixty (60) days of the entry ofthe final
judgment and decree of appropriation.
g. If the property is acquired in the name of the CITY, the STATE shall provide Property
Management services on behalf of the CITY according to the CITY's ordinances that
the STATE determines to be in compliance with Title 23 D.S.C. or, alternatively
where such ordinances may lack in such compliance, in accordance with the
regulations for property management by the STATE. Such services shall be provided
by the STATE until the residential improvements have been removed from the
property. If the property is acquired in the name ofthe STATE under its eminent
domain authority for later transfer to the CITY, the STATE shall provide Property
Management services under the STATE's regulations until such time as the property is
conveyed to the CITY.
Property Management Services includes inspecting the property for the presence of
hazardous materials or conditions, securing unoccupied rental units, presenting rental
GCA-5845
Page 2 of 4
"
agreements to tenant occupants for signature, monitoring tenant occupancies,
responding to tenant or neighbor complaints, making repairs, maintaining landscaping,
making all utility payments not paid directly by a tenant, policing the property for
illegal dumping and trespass, presenting notices to tenants, and making final
inspections for vacation of rental units.
3. PROJECT COST
3.1 The STATE shall be solely liable for all costs of property acquisition and management for the
Project; except, the CITY shall be responsible for its own costs for the work that it must
provide under this Agreement.
4. RIGHT OF ENTRY
4.1 The CITY hereby grants to the STATE a right of entry upon all land in which the CITY has an
interest for the purpose of Project design, acquisition of right of way, and demolition of
residential improvements. Upon completion ofthe work outlined herein, all future ownership,
operation and maintenance of the CITY's property and/or property rights acquired and/or
transferred under this Agreement shall be at the sole cost of the CITY and without expense to
the STATE.
5. INDEMNIFICATION/HOLD HARMLESS
5.1 Each Party to this Agreement shall protect, defend, indemnify, and save harmless the other
Party, its officers, officials, employees, and 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 way resulting from, each Party's
negligent acts or omissions. No Party will be required to indemnify, defend, or save harmless
the other Party if the claims, suits, or actions for injuries, death, or damages (both to persons
and/or property) is caused by the sole negligence ofthe other Party. Where such claims, suits,
or actions result from concurrent negligence of the Parties, or involves those actions covered
by RCW 4.24.115, the indemnity provisions provided herein shall be valid and enforceable
only to the extent of each Party's own negligence. This indemnification shall survive the
termination of this Agreement.
6. VENUE
6.1 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 the superior court situated in Thurston County,
Washington.
7. RECORDS
7.1 Upon completion of all work outlined in this Agreement, the STATE will turn over to the
CITY all records, including appraisal and appraisal review reports, acquisition documents,
relocation assistance materials, and property management records. The CITY agrees to retain
all such documents, materials, and records until January 1, 2021. The CITY further agrees to
GCA-5845
Page 3 of4
" "
/' .'
make all such documents, materials, and records reasonably available for inspection by
representatives of the state of Washington or federal government.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the Party's date
signed last hereto below.
STATE OF WASHINGTON
DEPARTMENT OF TRANSPORTATION
By
Cary Bozeman, ayor
Date 11h1hg
f I
APPROVED AS TO FORM
Date ^}tI,,/~-
'2 ~ ZCO~
.
APPROVED AS TO FORM
By ~ c:~
City Atto y
Ie It? lof
.
~
By
Assistant Attorney General
Date 9 - ( 'L -0 ~
Date
GCA-5845
Page 4 of 4