HomeMy WebLinkAbout4285 Contract Number: 4285
Vendor: TRANSPORTATION - DEPT OF (WA STATE)
Subject: Reciprocal Maintenance
Department: PW - Ops
File Class: LEG 12-1
Begin Date: 07/15/2002
End Date:
Review Date: 06/15/2010
Vault Date:
Comments: GMW0006
Termination w/30 day written notice
, Review date for trackinq only
, �
RECIPROCAL MAINTENANCE AGREEMENT
This Agreement, made and entered into this 15th day of July, 2002, between the State of
Washington, Department of Transportation acting by and through the Secretary of the
Department of Transportation, by virtue of Title 47 RCW, hereinafter called the
"STATE", and the City of Bremerton, a political subdivision of the State of Washington,
acting by and through the Mayor by virtue of Title 35 RCW, hereinafter called the
"CITY".
WHEREAS, the parties hereto are charged with the responsibility of constructing and
maintaining their streets, roads, and highways and maintaining staff, equipment and
materials to perform the necessary work, and
WHEREAS, the parties may from time to time need additional labor, equipment or
materials or have labor, equipment and materials available in certain locations which
could be used by the other party to this agreement.
NOW THEREFORE, in accordance with 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
tt is the purpose of the agreement to permit the parties to make the most efficient use of
their resources by enabling them to cooperate by furnishing each other labor,
equipment and materials when available on a reimbursable basis for roadway
construction and maintenance activities. This will be done with the understanding that
the work of the owner of the requested resources takes first priority. Work of the
construction nature will be limited to a maximum of $30,000 per calendar year by each
party to the agreement.
II
REQUEST FOR SERVICES
Each request for service shall be in writing and shall specify the particular service
required the amounts and types of labor, equipment and material required the location
of the work, the estimated cost of the work and other information pertinent to the
request. Upon receipt of the request, the party which has been requested to supply the
service shall indicate their acceptance or rejection of the request, have it signed by their
authorized official, and return one copy to the requesting party. In cases of emergency,
the request and approval may be done verbally, but must be documented in writing
within 48 hours of the verbal request.
Ill
PAYMENT
The parties to this agreement agree that the party receiving services under this
agreement shall reimburse the party providing the services for their actual direct and.
related indirect costs including any administrative overhead charges. Partial payments
shall be made by the party receiving services upon request of the providing party, to
cover costs incurred. These payments are not to be more frequent than one (1) per
month. It is agreed that any such partial payment will not constitute agreement as to the
appropriateness of any item.
The maximum amount payable for work performed under this agreement is fifty
thousand dollars ($50,000) per calendar year by each party to the agreement.
IV
RECORDS RETENTION AND AUDIT
The parties agree to maintain records of all costs incurred under this agreement, in
accordance with a work order accounting system as prescribed and approved by the
State Auditor's Office. These records shall be kept available for inspection and audit by
the party requesting the service for five (5) years after payment of the requested
service.
V
CARE AND MAINTENANCE OF EQUIPMENT
The parties agree that any time a request is made for the use of equipment that the
requesting party shall be responsible for the proper care, maintenance and security of
the equipment until the equipment is returned to the owner. Any damage other than
normal wear and tear will be the responsibility of the party in possession of the
equipment at the time the equipment is damaged.
VI
RIGHT OF ENTRY
The parties to this agreement hereby grant and convey to each other the right of entry
upon all land in which the parties have interest, within or adjacent to the right of way of
the highway, road or street for the purpose of accomplishing all work or services
requested as part of this agreement.
VII
LEGAL RELATIONS
No liability shall attach to the parties to the agreement by reason of entering into this
agreement except as expressly provided herein.
VIII
TERMINATION OF AGREEMENT
The right is reserved by the parties to this agreement to terminate the agreement at any
time by giving 30 days written notice to the other party.
IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT as of the
day and year first above written.
STATE OF WASHINGTON CITY OF BREMER. T-ON
By:DEPARTMENT OF TRANSPORTATION~~_~.~ BY: ~
TITLE: ASSISTANT REGION TITLE:
ADMINISTRATOR FOR OPEBATIONS
DATE: 7/tl/O2-,''/ DATE:
3