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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: 1 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 2 GMI223 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 3 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 ' ~- 4 1223