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=1= Contract Number 4436
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"Status Code
TRANSPORTATION, DEPT
CONSTRUCTION FUNDS -
ENGINEERING
FIN
OF WA STATE
SR304 IMPROVEMENTS
GCA-3901
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Insurance
Type Amount
Amount
Begin Date
End Date
Review Date
$11000000.00
04/08/2004
06/30/2005 =1=
02/15/2007 =1=
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Insurance Total
Insurance Review Date
$0.00
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Comments
SR304/SR3 INTERCHANGE TO CHARLESTON BEACH ROAD/SUBMIT
BILLINGS PRIOR TO 6/30/05 VAULT 01/01/2007
AGREEMENT
GCA-3901
THIS AGREEMENT, made and entered into this ~'~J~ day of .Ap~t/.~ ,
2004, 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, hereinalter
called the "CITY".
WHEREAS, the CITY has completed Final Environmental Impact Statement No.
FHWA-WA-EIS-95-1-F to address capacity and congestion on the existing transportation
corridor on SR 3 and SR 304 from the community of Gorst to the Bremerton Ferry
Terminal and has completed Design Report No. 23-1896-36 to address capacity and
congestion on the existing transportation con'idor on SR 304 from the SR 304/SR 3
Interchange to the Bremerton Ferry Terminal, and
WHEREAs, the CITY has completed various improvements included in the above
mentioned Design Report No. 23-1896-36 to SR 304 from the SR 304/SR 3 Interchange
to the Bremerton Ferry Terminal and is planning additional improvements on the SR 304
corridor as defined in Design Report No. 23-1896-36, the location of which is shown on
Exhibit "A", attached hereto and by this reference made a part of this AGREEMENT, and
WHEREAS, the STATE, pursuant to legislative appropriation, has agreed to contribute
$11,000,000 to the CITY's SR 304 corridor improvements.
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:
I
GENERAL
1.0 The STATE agrees to contribute $11,000,000 to the CITY for improvements to
SR 304 from the SR 304/SR 3 Interchange to the intersection at Charleston Beach
Road/Missouri Gate at approximately Milepost 0.71. These improvements include, but
are not limited to, added HOV lane, minor widening, intersection improvements,
illumination and signal improvements as identified in the STATE approved Design
Report No. 23-1896-36.
1.1 Should the CITY not require the entire $11,000,000 STATE contribution for
improvements to SR 304 from the SR 304/SR 3 Interchange to the intersection at
Charleston Beach Road/Missouri Gate, the CITY may utilize the remainder of the
$11,000,000 STATE contribution for improvements to SR 304 from the SR 304/SR 3
Interchange to the Bremerton Ferry Terminal as identified in the STATE approved
Design Report No. 23-1896-36. The STATE contribution defined in this AGREEMENT
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shall not be applied to the work associated with the Downtown Bmmerton
Pedestrian/BTC Access Improvements Federal Project No. HP-1998(029).
II
PAYMENT
2.0 The CITY may submit a billing to the STATE for the entire $11,000,000 STATE
contribution or a portion thereof upon execution of this AGREEMENT. All billings must
be submitted by the CITY to the STATE prior to June 30, 2005; the 2003-2005 biennium
end. Any billings submitted after June 30, 2005 will not be considered eligible for
STATE participation.
2.1 The STATE agrees to make payment within thirty (30) days from receipt of
billing from the CITY.
2.2 Any portion of the STATE's contribution not expended by the CITY as defined in
1.1 Section I GENERALshall be reimbursed to the STATE within ninety (90) days of
completion of the SR 304 corridor improvements (completion date as defined in the
current edition of the Standard Specifications for Road, Bridge and Municipal
Construction) or resolution of fight of way related expenditures or resolution of
environmental related expenditures, whichever occurs last.
2.3 The CITY shall submit to the STATE reports of expenditures for the SR 304
improvements, the first report being due August 15, 2004 for the period ending June 30,
2004. Subsequent reports shall be due forty five (45) days after the end of each six (6)
month period, and culminating with a final report of expenditures for the SR 304 corridor
improvements within ninety (90) days of completion of the SR 304 corridor
improvements or resolution of right of 'way related expenditures or resolution of
environmental related expenditures, whichever occurs last.
III
DEVELOPER AGREEMENT REQUIRED
3.0 Prior to the CITY prosecuting any work done within state-owned right of way, the
CITY shall enter into a Developer Agreement (DOT form 224-054 EF, or as modified by
the CITY and STATE) with the STATE.
IV
LEGAL RELATIONS
4.0 The CITY shall indemnify and hold the STATE, and its agents, employees and/or
officers harmless from and shall process and defend at its own expense any and all claims
demands, suits at law or equity actions, penalties, losses, damages, or costs, of
whatsoever ldnd or nature, brought against the STATE, its agents, employees and/or
officers arising out of, in connection with, or incident to the execution of this
AGREEMENT and/or the CITY's performance or failure to perform any aspect of this
AGREEMENT. PROVIDED, however, that if such claims are cause by or result from
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the concurrent negligence of (a) the CITY and (b) the STATE, its agents, employees
and/or officers, this indemnity provision shall be valid and enforceable only to the extent
of the negligence of the CITY, and PROVIDED FURTHER, that nothing herein shall
require the CITY to hold harmless or defend the STATE, its agents, employees and/or
officers from any claims arising from the sole negligence of the STATE, its agents,
employees, and/or officers. This indemnification shall survive the termination of this
AGREEMENT.
V
VENUE
5.0 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:
Cary Bozeman, M'~yor Randall A. Hain, Region Administrator
Date:
ATTESq~:
City Clerk
APPROVED AS TO FORM: APPROVED AS TO FORM:
Assistant Attomey General {~
Date: Date: c~ ~/(-~'-(~-5-~
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GCA-3901
Exhibit "A"
Vicinity Map
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