010-04 - WSDOT - Contract`,, 114e
AGREEMENT GMW-0023
This AGREEMENT, made and entered into this 2-7 -0c day of S ,
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 Port
Orchard, 216 Prospect Street, Port Orchard, Washington 983366-5326, acting through the Mayor,
hereinafter called the "CITY".
WHEREAS, the CITY has a project on SR 166 entitled SR 166/Frederick Ave. I/S
Improvement hereinafter called the "Project", and
WHEREAS, the STATE has agreed to the CITY's request for the CITY to install an
inpavement lighted crosswalk system on SR 166 at the intersection of Frederick Avenue,
hereinafter called the "Crosswalks", as part of the CITY's Project, the locations of which are
shown on Exhibit "A", attached hereto and by this reference made a part of this AGREEMENT,
and
WHEREAS, the roles and responsibilities of the STATE and the CITY for maintenance
of the Crosswalks need to be defined.
NOW THEREFORE, by virtue of RCWs 47.24.020 and 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 the Crosswalks' design complies with the approved SR
166/Frederick Ave. I/S Plan for Approval and will be constructed per the approved plans and
specifications.
1.1 The CITY agrees to assume all maintenance responsibility for the Crosswalks and
associated crosswalk delineation upon completion of the Project, at no cost to the STATE.
1.2 The CITY shall be responsible for the operational service billings associated with
the Crosswalks.
1.3 In the event the CITY fails to maintain the Crosswalks to the satisfaction of the
STATE, the STATE shall have the right to undertake maintenance activities as the STATE may
deem necessary and to bill the CITY for reimbursement for the actual direct and related indirect
cost of any maintenance.
II
RIGHT OF ENTRY
2.0 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 right of way to the highway, for the
purpose of maintaining the Crosswalks.
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III
LEGAL RELATIONS
3.0 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, action, penalties, losses, damages, or costs, of whatsoever kind
or nature, brought against the STATE 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 caused by or result from 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 and/or its agents, employees, and/or officers. All claims brought
which arise out of, in connection with, or incident to the execution of this AGREEMENT will be
forwarded to the CITY for initial handling. Any such claims believed to be caused by the
concurrent or sole negligence of STATE will be formally tendered to the General
Administration/Office of Risk Management for handling under RCW 4.92.100. This
indemnification shall survive any termination of this AGREEMENT.
3.1 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 PORT ORCHARD:
By: /:Ch2 �-• ,�
Mayor
Date:Ao2�� � ?- 00
STATE OF WASHINGTON
DEPARTMENT OF TRANSPORTATION:
By:
Ran all A. Hain, Region Administrator
Date:!n�
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