072-22 - Resolution - ILA with WSDOT for Bridge RepairDocuSign Envelope ID: EOD85304-B756-47AO-881B-439274267418
RESOLUTION NO. 072-22
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING AN
INTERLOCAL AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF
TRANSPORTATION, AND THE CITY OF PORT ORCHARD, PURSUANT TO AUTHORITY
GRANTED BY CHAPTER 39.34 RCW.
WHEREAS, consistent with Chapter 39.34 RCW, the Interlocal Cooperation Act, the City Council
for the City of Port Orchard desires to enter into an agreement with the Washington State Department
of Transportation for repair of a bridge rail on the Lund Avenue Bridge; and
WHEREAS, the Port Orchard City Council, at the 2015 recommendation of the State Auditor's
Office, wishes to document their selection/procurement process as described herein for this purchase
by Resolution; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are hereby
adopted and incorporated as findings in support of this Resolution.
THAT: The Mayor of the City of Port Orchard is hereby authorized to sign the Agreement between
the State of Washington Department of Transportation, and the City of Port Orchard, attached
hereto as Exhibit A.
THAT: A copy of the forementioned agreement shall be posted to the City's website, In
accordance with RCW 39.34.040
THAT: The Resolution shall take full force and effect upon passage and signatures hereon.
THAT: Pursuant to RCW 39.34.040, once this Agreement has been executed by both Port
Orchard and WSDOT, the City Clerk is directed to post a copy of this Agreement on the City's
website as required by law.
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by
the City Clerk in authentication of such passage on this 261" day of July 2022.
DocuSigned by:
96b of r4M1AAQA,
Robert Putaansuu, Mayor
ATT&�Lgned by: `+� 11 lilulp,,,
Brandy Wallace, MMC, City Clerk _ SEAL
. _ d.,
DocuSign Envelope ID: EOD85304-B756-47AO-881B-439274267418
Contract No. 084-22
Adw
MWashington State
Department of Transportation
Maintenance Agreement
Work by WSDOT for Other
State, Federal, and Local
Governmental Agencies
Agreement Number
C084-22 JC8614
Federal Tax ID #
91-6001487
Description of Work
Agency and Billing Address
Clty of Port Orchard
216 Prospect Street
Port Orchard, WA 98366
Contact Name/Phone #/Email
Chris Hammer / 360-876-4991/ kchammer@cityofportorchard.us
Estimated Costs
$8165 40
Aluminum bridge rail repair for City of Port Orchard for their Lund Ave Bridge
This Agreement is entered into by and between the Washington State Department of Transportation (WSDOT)
and the above named governmental agency (Agency), hereinafter referred to individually as the "Party" and
collectively as the "Parties."
Recital
1. The Agency has requested and WSDOT has agreed to perform certain work as described above.
Now Therefore, pursuant to chapter 39.34 RCW,
It Is Hereby Agreed As Follows:
1. General
1.1 WSDOT agrees to perform the above described work, using state labor, equipment and materials, as requested by
the Agency.
1.2 The Agency agrees, in consideration of the faithful performance of the above described work to be done by WSDOT,
to reimburse WSDOT for the actual direct and related indirect costs of the work. Administrative Charges at current
rate are considered part of indirect costs.
2. Payment
2.1 The estimated cost of the work is stated above. The Agency agrees to set aside funds for payment to WSDOT in
-I;kxis al�s�.►nt
2.2 The Agency agrees to pay WSDOT for the work done within thirty (30) days from receipt of a WSDOT invoice, which
sbaH.include_.dmummntadon..sLLppnrting the work done.
2.3 If the Agency is a county or city, the Agency agrees that if it does not make payment as provided under the terms
of this Agreement, the Agency authorizes WSDOT to withhold and use as payment Motor Vehicle Fund monies
credited or to be credited to the Agency.
DOT Form 224-093 Page 1 of 3
Revised 06/2019
DocuSign Envelope ID: EOD85304-B756-47AO-881B-439274267418
2.4 The Agency agrees further that if payment is not made to WSDOT within thirty (30) days from receipt of WSDOT's
invoice, WSDOT may charge late fees and/or interest in accordance with Washington State Law.
3. Increase in Cost
The Parties agree that the estimated cost of the work may be exceeded by up to 25%. In the event of such
increased costs the Parties agree to modify the estimated cost of work by written amendment, signed by both
Parties. WSDOT shall notify the Agency of increased costs as they become known.
4. Right of Entry
The Agency grants to WSDOT a right of entry upon all land in which the Agency has interest for the purpose of
accomplishing the work described above.
5. Claims
Claims for Damages: After completion of work by WSDOT, in the event of claims for damages or loss attributable
to bodily injury, sickness, death, or injury to or destruction of property that occurs within the limits of the work
performed by WSDOT for the Agency, the Agency shall defend such claims and hold harmless the WSDOT
therefrom, and WSDOT shall not be obligated to pay any claim, judgement or cost of defense. Nothing in this
Section, however, shall remove from WSDOT any responsibility defined by the current laws of the state of
Washington or from any liability for damages caused by WSDOT's own negligent acts or omissions independent of
the work performed pursuant to this Agreement.
6. Indemnification
The Agency shall defend, protect and hold harmless WSDOT, its officers, officials, employees, and/or agents
from and against all claims, suits or actions arising from the negligent acts or omissions of Agency, its officers,
officials, employees, assigns, contractors, sub -contractors, tenants, sub -tenants, licensees, invitees and/or agents
while performing work under the terms of this Agreement. This defense and indemnity obligation shall not include
such claims, actions, costs, damages, or expenses which may be caused by the sole negligence of WSDOT, its
officers, officials, employees, contractors, sub -contractors and/or agents; provided, however, that if the claims,
suits or actions are caused by or result from the concurrent negligence of (a) WSDOT, its officers, officials, agents,
contractors, sub -contractors or employees and (b) the Agency, its officers, officials, employees, assigns, contractors,
sub -contractors, tenants, sub -tenants, licensees, invitees and/or agents, or involves those actions covered by RCW
4.24.115, this indemnity provision shall be valid and enforceable only to the extent of the negligence of the Agency
or its officers, officials, employees, assigns, contractors, sub -contractors, tenants, sub -tenants, licensees, invitees
and/or agents. Agency specifically assumes potential liability for the actions brought by Agency's employees and
solely for the purposes of this indemnification and defense, Agency specifically waives any immunity it may be
afforded in connection with such claims under the State industrial insurance law, Title 51 RCW. Agency recognizes
that this waiver was the subject of mutual negotiations.
This indemnification and waiver shall survive the termination of this Agreement.
7. Modification
This Agreement may be amended by the mutual agreement of the Parties. Such amendments or modification shall
not be binding unless they are in writing and signed by persons authorized to bind each Party.
8. Termination Clause
(Check the Appropriate Box Below)
❑ 8.1 This Agreement will automatically terminate five (5) years after date of execution. This Agreement
may be terminated by either Party upon thirty (30) days advanced written notice to the other Party. In the event
of termination, payment will be made by the Agency for work completed by WSDOT as of the effective date
of termination.
11 �131��1��llli[-1�llHit 1[ �Nl�iir�[�i111�][=i1N1�1rH11�[�4'N]I:�a1:iYN�IH:[��INI'll
DOT Form 224-093 Page 2 of 3
Revised 06/2019
DocuSign Envelope ID: EOD85304-B756-47AO-881B-439274267418
9. Disputes and Venue
In the event that a dispute arises under this Agreement, it shall be resolved as follows: WSDOT's Secretary
of Transportation or designee and the Agency's head or designee shall review the applicable facts, contract
terms, statutes and rules affecting the dispute to resolve the matter. If the parties cannot reach a resolution, the
Parties agree that any legal action to enforce any right or obligation under this Agreement may only be brought in
Thurston County Superior Court. The venue specified in this section shall not apply to any federal
agency that is a Party to this Agreement.
In Witness Whereof, the Parties hereto have executed this Agreement as of the Party's date signed last below.
Requesting Agency
By:
I If
Printed: Robert Putaansuu •••�•�',,?ORT+4�Cf`''�.
R
j 00 q�E� ;
Title: Mayor _
SEAL
- 0)
Date: Julv 28, 2022
Washington State
Department of Transportation
By.
Printed: Matt Beattie
Title: Maintenance Manager
DOT Form 224-093 Page 3 of 3
Revised 06/2019
DocuSign Envelope ID: EOD85304-B756-47AO-881B-439274267418
Afflik
Washington State
�. Departrr►ent of Transportation
COST ESTIMATE
Estimate Id: 76637
DATE:
04/11/2022
ORG CODE
435712
LOCATION OF WORK
Lund Ave Bridge
DESCRIPTION OF WORK:
Repair/ replace damaged aluminum rail
ESTIMATE
LABOR DESCRIPTION QTY REG. HOURS O/T HOURS AMOUNT
Bridge Maintenance Specialist 2
6
20.0
0.0
$6,177.60
Bridge Maintenance Specialist Lead
1
20.0
0.0
$1,118.20
TOTAL LABOR ESTIMATE: $7,295.80
EQUIPMENT TYPE QTY HOURS AMOUNTI
0430 - SERVICE BODY, 15K GVWR
1
20.0
$96.00
0538 - 3/4 TON, CREW CAB, 4X4, DIESEL
1
20.0
$122.20
0835 - <38K GVWR, ROAD WARRIOR, GAS
1
20.0
$172.80
0852 - 54K GVWR, BRIDGE RPR, W/OUT PLATFORM
1
20.0
$258.60
TOTAL EQUIPMENT ESTIMATE: $649.60
MATERIAL TYPE QTY AMOUNT
12'6" Section Guardrail — Surplus
1
$220.00
TOTAL MATERIAL ESTIMATE: $220.00
MISCELLANEOUS CHARGES - DESCRIPTION QTY AMOUNT
$0.00
TOTAL MISCELLANEOUS ESTIMATE: $0.00
TOTAL CHARGES: $8,165.40
MAINT. AREA LOCATION:
REGION
Olympic
CONT. SECTION
WORK ORDER NO:
Port Orc
CREATED BY: DATE:
Steven Hall 04/11/2022
OFFICE USE ONLY:
Estimate Only: Y
Revised Estimate: N
Work Completed: N
Work Completed Date:
Page 1 DATE PRINTED: 4/11/2022