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Home My WebLink About4244 AGREEMENT DC-00732 AMENDMENT NO. 2 This Amendment#2 is between the City of Bremerton (CITY) and the Washington State Department of Transportation (WSDOT), also referenced as "Party" and the "Parties". WHEREAS, the Parties entered into Agreement DC-00732 on January 31, 2002, hereinafter "Agreement"; and WHEREAS, the Parties agreed to amend Agreement DC-00732 on June 14, 2004 to define WSDOT and CITY responsibilities on SR 304 for the portion of the CITY's Stage 1 C-Missouri Gate project; and WHEREAS, the Parties agree to amend Agreement DC-00732 to grant the CITY approval to construct and maintain a NAVY Memorial on WSDOT-owned property, identified in Exhibit B. Now therefore, pursuant to 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. Section 1, GENERAL, Paragraphs 1.6 and 1.7 are added as follows: 1.6 WSDOT grants approval to the CITY to construct and maintain a NAVY memorial. Both PARTIES agree the NAVY memorial will be located on WSDOT-owned property as identified in Exhibit B. 1.7 All work associated with the NAVY memorial shall occur at no cost to WSDOT. CITY agrees to assume all costs associated with the memorial. 2. All other terms and conditions of the Agreement (and Amendment No. 1) shall remain in full force and effect, except as modified by this Amendment No. 2. This Amendment may be executed in counterparts or in duplicate originals. Each counterpart or each duplicate shall be deemed an original copy of this Agreement signed by each party, for all purposes. Electronic signatures or signatures transmitted via e-mail in a "PDF" may be used in place of original signatures on this Agreement. Each party intends to be bound by its electronic or "PDF" signature on this Agreement and is aware that the other parties are relying on its electronic or "PDF" signature. In witness whereof, the parties hereto have executed this Amendment No. 2 as of the party's date last signed below. City of Bremerton Washington State Department of Transportation� By. By: 9"4fri-it- 5GtG[4-hL Printed: Go ce�c,\)L4 e(t Prin d: JoAnn Schueler Title: IAo. o t Title: ARA for M2D2, Olympic Region Date: 9 12.512L4 Date: 10/16/2024 WSDOT Agreement DC-00732/Amend No 2 Page 1 of 1 i Contract Number: 4244 II � Vendor: TRANSPORTATION - DEPT OF (WA STATE) � Subject: Maintenance - SR304 Department: Engineering File Class: LEG 12-1 Begin Date: Ol/31/2002 End Date: Review Date: 06/15/2010 Vault Date: Comments: Supplement #1-6/04 Review date for tracking only , . � i � � I I I AGREEMENT DC-00732 SUPPLEMENT NO. 1 THIS SUPPLEMENTAL AGREEMENT, made and entered into this 1~1.-~3~- day of ,2004, by and between the STATE OF WASHINGTON, Department of Transportation, acting by and through the Secretary of Transportation, hereinafter called the "STATE", and the City of Brernerton, 3027 Olympus Drive, Bremerton, Washington 98310- 4799, acting through the Mayor, hereinafter called the "CITY". WHEREAS, the parties hereto entered into AGREEMENT DC-00732 on the 31 ~t day of January, 2002, which defined STATE and CITY maintenance responsibilities on SR 304 for the portion of the CITY's Stage 1B-Gateway project constructed on a limited access facility within the CITY Limits, and WHEREAS, the purpose of this SUPPLEMENTAL AGREEMENT is to define STATE and CITY maintenance responsibilities on SR 304 for the portion of the CITY's Stage 1C-Missouri Gate project which is being constructed on a limited access facility within the CITY Limits; which together with the portion of SR 304 within CITY Limits in the 1st WHEREAS is hereinafter referred to as the "Facility". NOW THEREFORE, by virtue of 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: Section I, GENERAL, Paragraph 1.0 is revised to read as follows: 1.0 The CITY agrees to assume maintenance responsibility for all items identified as CITY responsibility in Exhibit "A" on SR 304 for the portion of the CITY's Stage 1B-Gateway project constructed on a limited access facility within the CITY Limits. Section I, GENERAL, Paragraphs 1.1, 1.2, 1.3, 1.4, and 1.5 are added as follows: 1.1 The CITY agrees to assume maintenance responsibility for all items identified as CITY responsibility in Exhibit "A" on SR 304 for the portion of the CITY's Stage 1 C-Missouri Gate project on a limited access facility within the CITY Limits upon project completion. 1.2 All maintenance by the CITY shall occur at no cost to the STATE, with the exception of maintenance of the limited access fence, which shall be maintained by the CITY at STATE expense. 1/2 DC-00732 SUPPLEMENT NO. 1 1.3 The STATE agrees to assume maintenance responsibility for all items identified as STATE responsibility in Exhibit "A" on SR 304 for the portion of the CITY's Stage 1B-Gateway project constructed on a limited access facility within the CITY Limits. 1.4 The STATE agrees to assume maintenance responsibility for all items identified as STATE responsibility in Exhibit "A" on SR 304 for the portion of the CITY's Stage 1C-Missouri Gate project on a limited access facility within the CITY Limits upon project completion. 1.5 The STATE agrees to assume maintenance responsibility, including cost to maintain, for all items identified as STATE responsibility in Exhibit "A". All other terms and conditions of AGREEMENT DC-00732 shall remain in full force and effect except as modified by this SUPPLEMENTAL AGREEMENT. 1N WITNESS WHEREOF, the parties hereto have executed this SUPPLEMENTAL AGREEMENT as of the day and year first above written. CITY OF BREMERTON STATE OF WASHINGTON ~-" DEPARTMENT OF TRANSPORTATION BY:~7 '~~'~ ~' By: (~~ Mayor Jerald R.//(Valt er Asst. Region Administrator for Operations Date: Date: ~O~t' APPROVED AS TO FORM City Attorney Date: 2/2 DC-00732 SUPPLEMENT NO. 1 +Browse: Next Previous First Last Update Delete Restart X - Exit +Retrieve the Next record +Found: 10 Record(s) MAINTAIN Contract Transactions + Contract Number 4244 + +Vendor Name TRANSPORTATION, DEPT OF (WA STATE) +Subject SR304 - MAINTENANCE #DC-00732 +Department ENGINEERING +Status Code GOV + Amount + Begin Date 01/31/2002 + Insurance End Date + Type Amount Review Date 06/15/2005 + + + + Insurance Total $0.00 + Insurance Review Date + + Comments REVIEW DATE FOR TP~ACKING PURPOSES ONLY + + AGREEMENT DC-00732 This AGREEMENT, made and entered into this ~3:2 day of ..~'".t:~OAp..¥ , 2002, by and between the STATE OF WASHINGTON, Department of Transportation, acting by and through the Secretary of Transportation, hereinafter called the "STATE", and the City of Bremerton, 3027 Olympus Drive, Bremerton, Washington 98310-4799, acting through the Mayor, hereinafter called the "CITY". WHEREAS, the CITY has a project on SR 304 entitled Transportation Improvement Project: Stage 1B-Gateway, a portion of which is on a limited access facility within the CITY Limits, hereinafter referred to as the "Facility", and WHEREAS, by virtue of RCW 47.52.090, the STATE has full jurisdiction, responsibility, and control to and over the Facility, and WHEREAS, the CITY wishes to assume maintenance responsibility for items on the STATE's Facility. NOW THEREFORE, by virtue of RCW 47.28.140 and in consideration of the terms, conditions, covenants, and performances contained herein, or attached and incorporated and made part hereof, IT IS MUTUALLY AGREED AS FOLLOWS: I GENERAL 1.0 The CITY agrees to assume maintenance responsibility for all items identified as CITY responsibility in Exhibit "A", attached hereto and by reference made a part of this AGREEMENT. All maintenance by the CITY shall occur at no cost to the STATE, with the exception of maintenance of the limited access fence, which shall be maintained by the CITY at STATE expense. The STATE agrees to assume maintenance responsibility, including cost to maintain, for all items identified as STATE responsibility in Exhibit "A". II PAYMENT 2.0 The STATE, in consideration of the faithful performance of the work to be done by the CITY, agrees to reimburse the CITY for the actual direct and related indirect costs incurred in the maintenance of the limited access fence. These payments are not to be more 1/3 frequent than one (1) per month. 2.1 Reimbursement to the CITY for costs associated with signal maintenance will be provided for under separate agreement GM-01326. III UTILITIES 3.0 The STATE shall be the permitting authority for all future installations of utility facilities, other than CITY utility installations. The CITY shall be the permitting authority for all CITY utility installations. The CITY agrees to provide to the STATE copies of all existing utility installations within the boundaries of this limited access Facility. The CITY also agrees to provide to the STATE copies of as-built plans of all future CITY utility installations located within this limited access Facility. IV RIGHT OF ENTRY 4.0 The STATE hereby grants and conveys to the CITY the right of entry upon all land which the STATE has interest, within or adjacent to the fight of way to the highway, for the purpose of maintaining the aforementioned items or for the construction of future CITY utilities on the STATE's Facility. V LEGAL RELATIONS 5.0 Each of the parties 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, judgment, and/or awards of damages, arising out of, or in any way resulting fi.om, each of the party's negligent acts or omissions. No party will be required to indemnify, defend, or save harmless the other party if the claim, suit, or action for injuries, death, or damages is caused by the sole negligence of the party. Where such claims, suits, or actions result from concurrent negligence of the parties, the indemnity provisions provided herein shall be valid and enforceable only to the extent of the party's own negligence. Each of the parties agrees that its obligations under this subparagraph extend to any claim, demand, and/or cause of action brought by, or on behalf of, any of its employees or agents. For this purpose, each of the parties, by mutual negotiation, hereby waives, with respect to each of the other party only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW. In the event that any of the 2/3 parties or combination of the parties incurs any judgment, award, and/or cost arising therefrom, including attorneys' fees, to enforce the provisions of this Section, all such fees, expenses, and costs shall be recoverable from the responsible party or combination of the parties to the extent of that party's/those parties' culpability. 5.1 In the event that any 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 a court of competent jurisdiction situated in Thurston County, Washington. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT as of the day and year first above written. CITY OF BREMERTON STATE OF WASHINGTON ~,.._..~ ~ DEPARTMENT OF TRANSPORTATION Mayor Jerald R. OWalter Asst. Region Administrator for Operations City Attorney Oat : 3/3 DC-00732 Exhibit "A" City/State Maintenance Responsibilities Maimenance Item Responsible Agency Roadway Surface State Curbs State Directional Signs/Route Markers State Signals (Navy Yard Rd. and Farragut St.) State Stability of Cut & Fill Slopes City Sidewalks City Storm Sewers City Snow Plowing City Sanding & De-icing City Snow Removal City Sand Removal City Channelization City Crosswalks City Striping City Parking Signs City Regulatory Signs City Stop Signs (Intersecting Streets) City Illumination (Including Operational Service Billings) City Street Cleaning City Street Sweeping City Landscaping/Vegetation City Irrigation City Noxious Weeds City R/W Encroachments City RJW Cleanup City Limited Access Fence City