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Home My WebLink About4376 +--------------------------------------------------------------------------+ +Browse: Next Previous First Last Update Delete Restart X - Exit +Retrieve the Next record "Found: 1 Record (s) MAINTAIN Contract Number Contract Transactions 4376 ", ,=Vendor Name '.=Subj ect +Department +Status Code KITSAP CO WATER MAIN CONSTRUCTION - W650 ZONE PROJECT ENGINEERING GOV T + + Insurance Type Amount Amount Begin Date End Date Review Date 05/14/2003 08/31/2003 + 02/15/2005 ,.b ", == I Insurance Total Insurance Review Date $0.00 Comments VAULT 01/01/2005 + + + + + -.- + + + +--------------------------------------------------------------------------+ ·Press Esc Key to Insert new record, Ctrl-Z to Clear form ·Press Del Key to Terminate Insert Mode INSERT Contract Maintenance Contract Number 4376 Vendor Name KITSAP CO · Subject WATER MAIN CONSTRUCTION - W650 ZONE PROJECT Department ENGINEERING Status Code GOV Amount Begin Date 05/14/2003 Insurance End Date 08/31/2003 Type Amount Review Date 02/15/2005 Press F1 for valid insurance type codes iInsurance Total $0.00 Insurance Review Date t Comments VAULT 01/01/2005 INTER-AGENCY AGREEMENT REGARDING UTILITY CONSTRUCTION THIS INTER-AGENCY AGREEMENT is entered into between the City of Bremerton, a Washington municipal corporation, located and doing business at 239 Fourth Street, Bremerton, Washington 98337 ("Bremerton"), and Kitsap County, a Washington municipal corporation, located and doing business at 614 Division Street, Port Orchard, Washington 98366 ("KC"). RECITALS WHEREAS, Bremerton is constructing a group of projects collectively known as the West 650 Pressure Zone (W650); and WHEREAS, one of Bremerton's projects is a water distribution main, and KC desires to construct a similar water distribution main at a location adjacent thereto; and WHEREAS, KC and Bremerton have determined that costs for both parties could be reduced if construction of the KC water distribution main is managed by Bremerton and KC reimburses Bremerton; and WHEREAS, the parties intend that Bremerton take possession, ownership and maintenance responsibility for the KC water distribution main when construction is complete, and intend that such transfer, if any, shall be by separate agreement. NOW, THEREFORE, in consideration of the terms, conditions, covenants, and performances contained herein, or attached and incorporated and made part hereof, it is mutually agreed by Bremerton and KC as follows: INTER-AGENCY AGREEMENT BREMERTON/KC REGARDING WEST 650 PRESSURE ZONE UTILITY CONSTRUCTION--Page 1 of 5 AGREEMENT A. THE CITY OF BREMERTON'S OBLIGATIONS: 1. The City of Bremerton wilt complete or contract for all construction work for the water main extension between Project Station 0 + 00 and Project Station 15 + 50. Bremerton will manage the project by use of its staff resources and by use of consultants determined by Bremerton to be appropriate for the project. 2. Bremerton will assume the lead role in construction phase, and will advertise the project, either as a single complete project or in various construction sequences or segments, for construction bids and will provide construction project management through physical completion, final acceptance, and until property acceptance of the completed water distribution main by Bremerton. 3. Bremerton will review and approve all requests for changes proposed by the contractor or KC during construction. Bremerton will consult with, and receive approval from KC, prior to approving any change order request from the contractor on that portion of the water line as identified on Exhibit A. Any damages resulting from delays in obtaining approval o£a given request for changes shall be borne by KC unless found to be caused by the sole negligence of Bremerton. 4. Bremerton will keep KC advised of the construction progress on a weekly basis and will use its best efforts to inform KC staff of key meetings during project construction. 5. Bremerton will provide inspection reports, daily reports, pay estimates and other normal construction reports generated during the project to KC upon request. 6. Bremerton shall include a clause in its construction contracts that requires its contractor to coordinate its work with any KC contractor operating in the same area or adjacent areas, and other contractors who may be operating on the ESRC site at the same time. 7. Bremerton will also cooperate with KC to secure additional funds from any grant agencies. However, Bremerton will not be required to obligate itself to expend public funds. B. KC'S OBLIGATIONS: 1. KC will complete all design and construction drawings for the above described water INTER-AGENCY AGREEMENT BREMERTON/KC REGARDING WEST 650 PRESSURE ZONE UTILITY CONSTRUCTION-- Page 2 of 5 distribution main at its own expense, in accordance with Bremerton's requirements, for inclusion in Bremerton's bidding and contract documents. KC will timely submit construction drawings to Bremerton for review and approval, in accordance with document completion dates as determined by Bremerton. 2. Bremerton will review the plans and specifications prepared by KC and make recommendations for changes or modifications. Ifa dispute arises, KC shall have decision making authority over decisions that are non-mandatory or discretionary. Nothing in this Agreement shall modify or affect Bremerton's authority to accept or reject KC's anticipated offer to transfer ownership of the completed water system to Bremerton, after completion of this project. 3. KC will review the project construction progress periodically and review correspondence submitted from Bremerton to insure compliance with KC's Construction Standards and to satisfy itself on the satisfactory progress of the construction. 4. KC shall be responsible for, and shall direct its consulting design engineer's participation in, correction of errors and omissions in its design and constmction drawings. KC shall reimburse Bremerton for any increases in construction cost arising from errors or omissions in its construction drawings. 5. When Bremerton has indicated its final acceptance of the construction work, KC shall issue a deed to The City of Bremerton for the improvements contemplated under this agreement. In addition, KC shall deed an easement to The City of Bremerton for future construction, operation and maintenance of the water main, when the final alignments of the water distribution main are known. In any event, the easement shall not be less than 30 feet wide, centered on the water main. 6. If KC contracts for other construction work to be completed on the site of the work contemplated under this agreement, KC will include a clause in their construction contracts that requires their contractor to coordinate its work with Bremerton's contractor and others who may be operating on the site at the same time. 7. KC agrees to reimburse Bremerton for construction of the water distribution main referenced in Exhibit A, based on the total cost of KC's portion of the project as bid. In addition, KC agrees to reimburse additional amounts as may be approved by Bremerton and KC in Change Orders to the construction contract. This reimbursement shall be prepaid as follows: 7.1 KC agrees to pre-pay the construction cost of its water distribution main, INTER-AGENCY AGREEMENT BREMERTON/KC REGARDING WEST 650 PRESSURE ZONE UTILITY CONSTRUCTION-- Page 3 of 5 based upon the awarded construction contract. 7.2 The total amount of its part of the construction cost shall be pre-paid by KC to Bremerton not later than 30 calendar days after award of the construction contract by the Bremerton City Council. 7.3 Within sixty (60) days following final acceptance of the project, Bremerton shall calculate any positive or negative adjustments in the contract price, as indicated in any approved Change Orders to the construction contract, and shall notify KC of the same. If there is a need for additional payment or reimbursement by either party, such payment or reimbursement shall be made within thirty (30) days of notice to KC of the adjusted total. C. MISCELLANEOUS 1. Termination. This agreement shall terminate ninety (90) days after the date that the construction of the West 650 Pressure Zone (W650) and the improvements indicated in Section A. 1 of this agreement have been constructed and Bremerton has accepted the project as complete. 2. Governing Law. This agreement shall be governed and construed in accordance with the laws of the State of Waskington. If any dispute arises between Bremerton and KC under any of the provisions of this agreement, resolution of that dispute shall be available only through the jurisdiction, venue and rules of the Kitsap County Superior Court, Kitsap County, Washington. 3. Modification. No waiver, alteration, or modification of any of the provisions of this agreement shall be binding unless in writing and signed by a duly authorized representative of each party. 4. Severability. If any one or more sections, subsections or sentences of this agreement are held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portions of this agreement and the remainder shall remain in full force and effect. 5. Entire Agreement. Written provisions and terms of this agreement, together with any attached exhibits, supersede all prior verbal statements by any representative of either party, and those statements shall not be construed as forming a part of or altering in any manner this agreement. This agreement and any attached exhibits contain the entire agreement between the parties. Should any language in any exhibit to this agreement conflict with any language contained in this agreement, the terms of this agreement shall prevail. INTER-AGENCY AGREEMENT BREMERTON/KC REGARDING WEST 650 PRESSURE ZONE UTILITY CONSTRUCTION-- Page 4 of 5 6. Indemnification. KC shall defend, indemnify and hold Bremerton, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits including all legal costs and attorney fees, arising out of or in connection with the performance of this agreement, to the extent caused by KC's negligence. Bremerton shall defend, indemnify and hold KC, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits including all legal costs and attorney fees, arising out of or in connection with the performance of this agreement, to the extent caused by Bremerton's negligence. 7. Insurance. The parties to this agreement are public entities, which are self-insured for the purposes of this agreement. Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of KC and Bremerton, its officials, employees, agents and volunteers, KC's liability hereunder shall be only to the extent of KC's negligence. The provisions of this section shall survive the expiration or termination of this agreement. THE~F ~~_~ ~('~ ~ (~.IA~ o~ KITSAPCOUNTY(~[~q]~ CARY BOZEMAN;MAYOR Ja~ge. 1 ,.9/;ha.j~ 6 ~hris Endresen, Co~issioner B~MERT~CITY CLE~ $~ L~~ Cler of the Board ~P~~ ~ APP~AS TO FOR~: ~O~EM}~+~B~I~JTTO~EY Deputy ProsecXting Attorney INTER-AGENCY AGREEMENT BREMERTON/KC REGARDING WEST 650 PRESSURE ZONE UTILITY CONSTRUCTION-- Page 5 of 5