HomeMy WebLinkAbout2752 Contract Number: 2752
Vendor: TRANSPORTATION - DEPT OF (WA STATE)
Subject: Maintenance - State Routes
Department: PW - Ops
File Class: �EG 12-1
Begin Date: 08/25/1986
-�ad �}ate :
Review Date: 06/15/2010
Va��� Da�e:
Comments: Termination w/60 days notice
Review date for tracking only
INTENANCE A REEMENT GM1223
THIS AGREEMENT made and entered into this ~7~ day of ./~u~
19 ~, between the WASHINGTON STATE DEPARTMENT OF TRANSPORTATION,
acting through the Secretary of Transportation, hereinafter
called the "STATE", and the CITY OF BREMERTON, WASHINGTON, acting
through its Mayor, hereinafter called the "CITY"; and
WHEREAS, under the provisions of RCW 47.24 the STATE is made
responsible for the performance of certain maintenance operations
on the routes of State highways extending through the corporate
limits of cities and towns; and
WHEREAS, it appears that certain maintenance operations on the
routes of State highways within the corporate limits of the
City can be more expeditiously and/or economically performed
by the CITY;
WHEREAS, the CITY has indicated its willingness to so maintain
said areas; and
WHEREAS, it is deemed to be in the best public interest for
the CITY to so do;
NOW THEREFORE, it is mutually agreed by and between the parties
hereto as follows:
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I
The CITY, acting for and in behalf of the STATE shall without
further instructions perform such routine maintenance as is
otherwise the responsibility of the STATE according to RCW 47.24
on State Routes 303, 304 and 306, all within the corporate limits
of the CITY.
This routine maintenance will include, but not be limited to,
roadway surface maintenance and gutters.
Items which are specifically mentioned in RCW 47.24 as being
CITY responsibility such as sweeping, catchbasins, guardrail,
fence maintenance, snow removal, curbs and sanding are not covered
under this agreement.
Ail maintenance shall be performed in a manner satisfactory
to the State's District Administrator.
II
The CITY shall not perform any work considered by the STATE
to be new construction, betterment, replacement, or extraordinary
maintenance, unless said work is authorized in writing by the
STATE prior to beginning such work.
III
The CITY will prepare and submit to the STATE, not more often
than once per month, an invoice itemizing the cost of maintenance
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work performed by the CITY under this AGREEMENT. The STATE
will reimburse the CITY for the amount of said invoice not later
than thirty (30) days following its receipt.
Ail records in support of all costs incurred and actual
expenditures by the CITY are to be maintained in accordance
with procedures prescribed by the State Auditor's Office. The
records shall be open to inspection at all reasonable times
and shall be retained and made available for inspection for
a period of not less than three (3) years from the payment of
any STATE funds to the CITY. Copies of said records shall be
furnished to the STATE upon request.
IV
This AGREEMENT may be terminated at any time by either party
hereto after sixty (60) days of written notice.
V
In consideration for the CITY maintaining the above-enumerated
state highways, the STATE shall indemnify and hold the CITY
and its agents, employees and/or officers harmless and shall
process and defend at its own expense any and all claims, or
suits brought against the CITY arising out of the CITY's
performance of any aspect of this AGREEMENT, provided, h6wever,
that if the claims or suits are caused by or result from the
concurrent negligence of (a) the CITY or its agents, employees
or officers and (b) the STATE or its agents, employees or
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officers, this indemnity p~ovision shall be valid and enforceable
only to the extent of the STATE's negligence or the negligence
of the STATE's agents, employees or officers; and provided further
that nothing herein shall require the STATE to hold harmless
or defend the CITY and its agents, employees, and/or officers
from any liability, loss, claim, demand, or suit arising from
the sole negligence of the CITY or its agents, employees and/or
officers.
No liability shall attach to the STATE or the CITY by reason
of entering into this AGREEMENT except as expressly provided
herein.
IN WITNESS WHEREOF, the parties hereto have executed this
AGREEMENT on the day and year first above written.
CITY OF BREMERTON
ATTEST:
CITY CLERK
STATE OF WASHI.~GTON
~AR~~SPORTATION
STATE MAINTENANCE ENGINEER
APPROVED AS TO FORM: APPROVED AS TO FORH:
AS~'/~TANT ATTORN~GENERAL CITY ATTORNEY ' ~-
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