083-22 - Resolution - Contract with WSDOT for Decommissioning Utility InfrastructureDocuSign Envelope ID: BC584FFA-479F-4FBD-84A1-DCCC0180D4CC
RESOLUTION NO.083-22
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 FOR THE DECOMMISSIONING
OF UTILITY INFRASTRUCTURE, PURSUANT TO CHAPTER 39.34
RCW.
WHEREAS, on August 31, 2021, the Washington State Department of Transportation
(WSDOT) notified the City of Port Orchard of its desire to construct a roundabout at the
Bethel/Bay/Maple intersection situated on State Route 166; and
WHEREAS, this portion of State Route 166 is located inside Port Orchard City limits, and
the City of Port Orchard is the owner of a hydrant and related utilities located within the proposed
construction area; and
WHEREAS, the utilities must be removed and/or relocated for Washington State
Department of Transportation to construct the Bethel/Bay/Maple Intersection Roundabout; and
WHEREAS, WSDOT is responsible for the cost of all materials, equipment, labor, contract
administration and any other effort required to perform the removal/relocation of the hydrant
and related utilities within the proposed construction area; and
WHEREAS, WSDOT and the City agree it is in the public interest for the City to perform the
removal/relocation of the hydrant and related utilities, and obtain reimbursement for all costs
from DOT; and
WHEREAS, consistent with Chapter 39.34 RCW, the Interlocal Cooperation Act, the City of
Port Orchard desires to enter into an agreement with WSDOT for the decommissioning a hydrant
at the northeast corner of the Bethel Ave/Bay St/Maple Ave intersection and the payment of all
costs by WSDOT; and
WHEREAS, on August 4, 2022, City of Port Orchard Public Works provided an estimate of
the cost for removal and/or relocation of the hydrant and related utilities to WSDOT; and
WHEREAS, pursuant to the Agreement, the City will invoice WSDOT for actual costs
incurred after the associated work is completed and reimbursement will be provided by WSDOT to
the City; and
WHEREAS, the City Council deems it to be in the best interest of the City to enter into the
attached Agreement with the Washington State Department of Transportation; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES
AS FOLLOWS:
DocuSign Envelope ID: BC584FFA-479F-4FBD-84A1-DCCC0180D4CC
Resolution No. 083-22
Page 2 of 2
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 City Council approves of and authorizes the Mayor to execute an the Utility
Construction Agreement with Washington State Department of Transportation, attached
hereto as Exhibit A and incorporated herein by this reference.
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 this 13t" day of September 2022.
EDocuSigned by:
96bt *f P4al &SW ,
Robert Putaansuu, Mayor
ATTEST:
FbDocuSigned by:
avt wa�a(t,
Brandy Wallace, MMC, City Clerk
DocuSign Envelope ID: BC584FFA-479F-4FBD-84A1-DCCC0180D4CC
Adw C 105-22
M
Washington State
APDepartment of Transportation
Utility Construction Agreement
Utility Name &Address
Work by Utility — WSDOT Cost
City of Port Orchard
216 Prospect St.
Port Orchard, WA 98366
Agreement Number
Region
Control Section
Project Title/Location
UTB 1524
Olympic
SR166 - Bethel/Bay/Maple Intersection - Roundabout
Port Orchard, Washington
State Route Number
Mileposts
SR 166
From 3.35 to 3.46
Estimated Agreement Amount
$ 15,544.57
This Utility Construction Agreement is made and entered into between the Washington State Department of
Transportation (WSDOT) and the above named Utility; hereinafter individually the "Party" and collectively
the "Parties."
Recitals
WSDOT is planning the construction or improvement of the State Route as shown above for the identified
WSDOT project, and in connection therewith, it is necessary to remove and/or relocate and/or construct
certain Utility facilities (Work).
2. WSDOT is responsible for the cost of the Work affecting the Utility's facilities located pursuant to a
documented ownership of and/or interest in real property, such as an easement, fee title, or court finding
of prescriptive right, which is impacted by WSDOT project.
3. The Work shall be defined as all materials, equipment, labor, contract administration and any other effort
required to perform the relocation, construction, and/or removal of the Utility's facilities.
4. It is deemed to be in the best public interest for the Utility to perform the relocation, removal, or
construction of its facilities.
Now, Therefore, pursuant to RCW 47.01.210 and chapter 47.44 RCW and in consideration of the terms,
conditions, covenants, and performances contained herein, as well as the attached Exhibits which are
incorporated and made a part hereof,
It Is Mutually Agreed As Follows:
1. Construction, Inspection, and Acceptance
1.1 Program Guide: Utility Relocation and Accommodation on Federal Aid Highway Projects shall determine
and establish the definitions and applicable standards and payments under this Agreement. By this
reference this document is adopted and made a part of this Agreement as if fully contained herein.
1.2 Betterment: A betterment is any improvement to the Utility's facilities not required by code, regulation,
standard industry practice, or any other applicable regulation. If any of the Work constitutes a betterment
as defined in the Program Guide: Utility Relocation and Accommodation on Federal Aid Highway
Projects, the Utility is solely responsible for the costs of such improvement.
1.3 Accrued Depreciation: Accrued depreciation may be applied to any of the Utility's major facilities, such
as a building, pump station, power plant, etc. Accrued depreciation shall not apply to the Utility's primary
facilities, such as pipelines, conductors, poles, cable, conduit, etc. If any Utility facility does qualify
for an adjustment due to accrued depreciation as defined in Program Guide: Utility Relocation and
Accommodation on Federal Aid Highway Projects, the costs are calculated according to the formula in the
Program Guide and the result is shown as a Utility cost in Exhibit B Cost Estimate.
DOT Form 224-053 Page 1 of 5
Revised 06/2019
DocuSign Envelope ID: BC584FFA-479F-4FBD-84A1-DCCC0180D4CC
1.4 The Utility shall furnish the labor, materials, equipment, and tools required for and perform the Work
in constructing, removing and/or relocating the Utility facilities, in accordance with Exhibit A, Special
Provisions, and Exhibit C, Plans.
1.5 If the Utility is not adequately staffed or equipped to perform all the Work required herein, the Utility may
have all or part of this Work done by a contract let by the Utility, as follows:
1.5.1 Before contracting out any Work, the Utility shall obtain written authorization from WSDOT, and
WSDOT may require the Utility to advertise and solicit bids for the contract Work.
1.5.2 If WSDOT requires the Work to be advertised and bid, the Utility shall provide a copy of all bid
documents to WSDOT seven (7) calendar days prior to the advertisement date, or as specified in
Exhibit A, for WSDOT comment.
1.5.3 The Utility shall notify WSDOT at least three (3) working days in advance of the location and time
of the bid opening so that a WSDOT representative may attend the bid opening.
1.5.4 The Utility shall supply a copy of the three lowest bids with itemized bid amounts to WSDOT within
seven (7) calendar days of bid opening.
1.5.5 If the Utility elects to use other than the lowest bid contractor, the Utility shall provide written
justification to WSDOT for the use of that contractor and bid price. WSDOT shall review the
Utility's written justification, and if WSDOT does not agree therewith and the Utility awards the
bid to other than the lowest bid contractor, the Utility shall be responsible for the cost difference
between the amount of the lowest bid and the amount of the awarded contract.
1.6 If the Utility desires to have the Work performed under an existing contract, WSDOT may require the
Utility to provide WSDOT with a copy of the contract for WSDOT's written approval of the contractor and
contract charges.
1.7 The Parties agree that nothing in WSDOT's approval of a Utility contractor or bid shall be for the benefit
of the Utility; all such approvals, whether written or verbal, shall be solely for the benefit of WSDOT and
shall not establish a contractual relationship among WSDOT, the Utility, and the Utility's contractor.
1.8 All of the Utility's Work, construction procedures, materials, and/or utility installation, as provided under
this Agreement, shall be subject to WSDOT inspection for solely the benefit of WSDOT's payment, state
highway and/or WSDOT project. The Utility shall promptly notify WSDOT in writing when the Work is
completed. WSDOT shall inspect the Work for compliance with the Exhibits attached to this Agreement.
WSDOT will notify the Utility in writing of any non-compliance that would impact WSDOT's payment,
state highway and/or WSDOT project. The Utility agrees to make the necessary changes to satisfy
WSDOT requirements or adjust the invoice. WSDOT's inspection shall not reduce or modify the Utility's
responsibility for the Work.
1.9 Upon completion of the Work, the Utility agrees that it shall be solely responsible for all future ownership,
operation and maintenance costs of its facilities, without WSDOT liability or expense.
2. Authority to Begin Work and Work Schedule
2.1 The Utility agrees not to begin Work until WSDOT has provided written notice, authorizing the Utility to
begin Work. WSDOT shall not be obligated to reimburse the Utility for any Work performed before the
date of notification.
2.2 The Utility agrees to schedule and perform the Work in such manner as not to delay or interfere with
WSDOT's contractor in the performance of WSDOT's project. The Utility shall be responsible for any
costs resulting from delay of, or interference with, WSDOT's project contractor, to the extent the delay
or interference is attributable to the Utility or the Utility's contractor. Any mutually agreed conditions
or requirements for avoidance of delay of, or interference with, WSDOT's project contractor shall be
included in Exhibit A.
DOT Form 224-053 Page 2 of 5
Revised 06/2019
DocuSign Envelope ID: BC584FFA-479F-4FBD-84A1-DCCC0180D4CC
3. Compliance
3.1 The Utility agrees to comply with all applicable requirements of WSDOT in accordance with the
Utilities Accommodation Policy, Chapter 468-34 WAC, and amendments thereto, and said policy and
amendments are hereby incorporated in and made a part of this Agreement for all intents and purposes
as if fully set forth herein.
3.2 The Utility agrees to comply with all applicable laws and environmental requirements of any jurisdictional
agency and is responsible for obtaining any necessary environmental permits required in order to perform
the Work.
3.3 The Utility agrees to obtain and comply with any other permits from any jurisdictional agency that are
required in order for the Utility to perform the Work.
4. Payment
4.1 WSDOT is responsible for the cost of the Work, excluding all betterment work, for the Utility's facilities
that are located pursuant to a documented ownership interest in real property, such as an easement, fee
title, or court finding of prescriptive right, which are impacted by WSDOT project, as shown in Exhibits A
and B. Exhibit B, Cost Estimate, contains an itemized cost estimate of WSDOT-responsible costs for the
Work to be performed by the Utility.
4.2 WSDOT, in consideration of the faithful performance of the Work to be done by the Utility, agrees to
reimburse the Utility for the actual direct and related indirect cost of the Work, excluding all betterment
work, for which WSDOT is responsible as defined in Exhibits A and B. The Utility agrees to invoice
WSDOT and provide supporting documentation for all charges, and WSDOT agrees to pay the Utility
within thirty (30) days of receipt of an invoice. Payments shall not be more frequent than one per month.
A partial payment will not constitute agreement as to the appropriateness of any item and that, at the time
of final invoice, the Parties will resolve any discrepancies.
4.3 The Utility shall submit a final invoice to WSDOT within ninety (90) calendar days following completion
of the Work. In the event that the final invoice reveals an overpayment to the Utility, the Utility agrees to
refund such overpayment to WSDOT within thirty (30) days.
5. Change in Work or Cost Increase
5.1 WSDOT agrees that the amount shown in Exhibit B may not reflect the actual costs of the Work. Should
the Utility determine that the Work costs for which WSDOT is responsible might exceed the cost estimate
by more than Twenty -Five (25 ) percent, the Utility shall immediately notify WSDOT before
performing any Work in excess of the Exhibit B estimate plus the additional percentage. WSDOT and the
Utility will, if necessary, amend Exhibit B to revise the cost estimate before the Utility incurs costs above
the amount shown in Exhibit B plus the additional percentage.
5.2 Should it be necessary to modify Exhibit A, Special Provisions, the Utility agrees to immediately notify
WSDOT of all proposed changes, and WSDOT agrees to provide written notice of its acceptance or
rejection of the change(s), in writing, within Five (5 ) working days.
6. Franchise, Permit or Easement
6.1 The Utility shall apply for a permit, franchise or an amendment to its current franchise for those new or
modified Utility facilities that will be located within WSDOT's right of way. After receiving the application,
WSDOT will issue the Utility a permit or a new or amended franchise.
6.2 Upon completion of the Work covered under this Agreement, the Utility agrees to prepare, execute and
deliver to WSDOT a quit claim deed for all existing easements, fee title, or court finding of prescriptive
right, which will be vacated as a result of the relocation of Utility facilities and as identified in Exhibit A.
DOT Form 224-053 Page 3 of 5
Revised 06/2019
DocuSign Envelope ID: BC584FFA-479F-4FBD-84A1-DCCC0180D4CC
6.3 In exchange for the quit claim deed, WSDOT agrees to grant or issue the Utility an easement, permit, or
franchise, as defined in Exhibit A, for those Utility facilities which will remain on or which cross WSDOT's
right-of-way and for which the Utility had an easement, fee title or court finding of prescriptive right. A legal
description of and use conditions for an easement to be granted encumbering WSDOT right of way shall
be included in Exhibit A.
7. Right of Entry
7.1 Subject to the Utility obtaining all required permits and meeting any other requirements for Work
conducted within state-owned right of way, WSDOT hereby grants the Utility a right of entry upon all land
in which WSDOT has interest for the purpose of performing the Work. Upon completion of the Work, this
right of entry shall terminate except as otherwise provided in Section 6.
7.2 A WSDOT grant of access and right of entry onto an interstate limited access right of way may require
additional conditions, for example, a traffic control plan will be required if the Utility's Work will impact
highway traffic. The Parties agree that all Utility access and right of entry provisions affecting an interstate
limited access right of way will be identified in Exhibit A, Special Provisions. Upon completion of the Work,
this right of entry shall terminate except as otherwise provided in Section 6.
7.3 The Utility shall not enter state-owned right of way without first having a WSDOT-issued written right
of entry.
8. General Provisions
8.1 Indemnification: To the extent authorized by law, the Utility and WSDOT shall indemnify and hold
harmless one another and their employees and/or officers from and shall process and defend at its own
expense any and all claims, demands, suits at law or equity, actions, penalties, losses, damages (both to
persons and/or property), or costs, of whatsoever kind or nature, brought against the one Party arising out
of, in connection with, or incident to the other Party'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 Utility and (b) WSDOT, their respective employees and/or officers, 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 Utility or WSDOT, and provided further, that nothing herein shall require the Utility
or WSDOT to hold harmless or defend the other or its employees and/or officers from any claims arising
from that Party's sole negligence or that of its employees and/or officers. The terms of this section shall
survive the termination of this Agreement.
8.2 Disputes: If a dispute occurs between the Utility and WSDOT at any time during the prosecution of
the Work, the Parties agree to negotiate at the management level to resolve any issues. Should such
negotiations fail to produce a satisfactory resolution, the Parties agree to enter into arbitration and/or
mediation before proceeding to any other legal remedy. Each Party shall be responsible for its own fees
and costs. The Parties agree to equally share the cost of a mediator or arbiter.
8.3 Venue: In the event that either Party deems it necessary to institute legal action or proceedings to enforce
any right or obligation under this Agreement, the Parties agree that any such action or proceedings shall
be brought in the superior court situated in Thurston County, Washington unless filing in
another county is required under any provision of the Revised Code of Washington. Further, the Parties
agree that each shall be responsible for its own attorneys' fees and costs.
8.4 Termination:
8.4.1 The UTILITY understands that WSDOT retains the right to terminate this Agreement for
convenience upon thirty (30) calendar days written notice to the Utility. In the event that WSDOT
exercises this termination right, WSDOT will reimburse the Utility for all allowable costs under this
Agreement incurred prior to the date of termination.
8.4.2 In the event funding for the Work is withdrawn, reduced, or limited in any way after the execution
date of this Agreement and prior to normal completion, WSDOT may terminate the Agreement
upon less than the thirty (30) calendar day notice requirement in section 8.4.1, subject to
renegotiation at WSDOT's sole option pursuant to the revised funding limitations and conditions.
DOT Form 224-053 Page 4 of 5
Revised 06/2019
DocuSign Envelope ID: BC584FFA-479F-4FBD-84A1-DCCC0180D4CC
8.5 Amendments: This Agreement may be amended by the mutual agreement of the Parties. Such
amendments or modifications shall not be binding unless put in writing and signed by persons authorized
to bind each of the Parties.
8.6 Independent Contractor: Both Parties shall be deemed independent contractors for all purposes, and
the employees of each Party and any of its contractors, subcontractors, consultants, and the employees
thereof, shall not in any manner be deemed to be the employees of the other Party.
8.7 Audit and Records: During the progress of the Work and for a period of not less than six (6) years from
the date of final payment. The Utility shall maintain the records and accounts pertaining to the Work and
shall make them available during normal business hours and as often as necessary, for inspection and
audit by WSDOT, State of Washington, and/or Federal Government and copies of all records, accounts,
documents or other data pertaining to the Work will be furnished upon request. The requesting Party shall
pay the cost of copies produced. If any litigation, claim or audit is commenced, the records and accounts
along with supporting documentation shall be retained until any litigation, claim or audit finding has been
resolved even though such litigation, claim or audit continues past the six -year retention period.
8.9 Working Days: Working days for this Agreement are defined as Monday through Friday, excluding
Washington State holidays per RCW 1.16.050.
In Witness Whereof, the Parties hereto have executed this Agreement as of the day and year last written
below.
Utility
DocuSigned by:
Washington State
Department of Transportation
Signature:
Pbt *f PIM M&SIAt L
Signature:
E 68 B 5 BaF'*E-F. .
By: Robert Putaansuu
By:
Print Name
Title: Mayor
Print Name
Title:
Date: September 14, 2022
Date:
DOT Form 224-053 Page 5 of 5
Revised 06/2019
DocuSign Envelope ID: BC584FFA-479F-4FBD-84A1-DCCC0180D4CC
EXHIBIT A
Special Provisions
SCOPE OF WORK
The Work proposed within this Agreement is for the decommission of a utility facility and
WSDOT is obligated to pay for the construction costs. The Work consists of decommissioning a
hydrant so that it can be removed from SR166 within WSDOT right of way. The Work will be
performed before WSDOT's construction of the SR166, Roundabout Intersection project.
WORK TO BE PERFORMED BY THE STATE
None
WORK TO BE PERFORMED BY THE UTILITY
Exhibit "C" — Sheets 1
1. Decommission hydrant as shown in the plans.
PERMIT OR FRANCHISE
The Utility shall apply for and WSDOT shall convey the necessary statutory permit or franchise
pursuant to Chapter 47.44 RCW required for installation of such facilities that remain or cross
the WSDOT right of way.
BETTERMENT
Relocation or installation of the Utility's facilities does not constitute a betterment as defined by
the Federal Aid Policy Guide — 23 CFR 645A Subpart A.
UTB1524
Exhibit "A"
Page 1 of 1
DocuSign Envelope ID: BC584FFA-479F-4FBD-84A1-DCCC0180D4CC
EXHIBIT "B"
Utility Construction Agreement
Std. Bid Description Unit Quantity Unit Price Amount
Item No.
---- Uecommisslon HyaranT (per City of Port Orchard estimate)
L.S. WU 14,2343b
14,2343b
Item Subtotal
$
14,234.95
Sales Tax 9.20%
$
1,309.62
$
15,544.57
Engineering 22%
- N/A
Contingencies 4%
- N/A
Agreement Subtotal
$
15,544.57
"Indirect Cost Rate 12.67%
- N/A
TOTAL ESTIMATED COST
$
15,544.57
*Mobilization and Engineering costs will be determined by a proration of the mobilization and engineering cost of the
entire project to the construction costs of the work covered by this agreement.
"The indirect cost will be applied at the actual rate in affect at the time the work is performed, in accordance with
Washington State Department of Transportation Directive D13-21.
UTB1524
Exhibit "B"
Page 1 of 2
DocuSign Envelope ID: BC584FFA-479F-4FBD-84A1-DCCC0180D4CC
81412022
Citv of Port Orchard
Attention:
216 Prospect St
Port Orchard, WA 98366
Project: Hydrant Removal at Bay/Bethel- WSDOT RAB
Reg Hrs OT Hrs Rate OT Rate Amount
Water Operators/personnel (4)
64.00
40.00
2,560.00
1,152.00
Flaggers (2)
32.00
36.00
Admin. (cost estim./council docs/invoicing, etc)
8.00
35.00
280.00
Legal review
2.50
250.00
625.00
106.50
361.00 4,617.00
Materials Quantity Amount Freight Tax Total
Decommissioning parts
Rock
Cold patch
1.00
300.00
27.60
327.60
6.00
35.50
19.60
232.60
1.00
90.00
8.28
98.28
55.48 658.48
Equipment:
Hours Rate Amount
Vac truck #1081
Rackhoe #1057
8.00
80.00
640.00
8_00
3036
242.88
Small dump truck #1024
8.00
52.96
423.68
Pickup truck #1073
8.00
19.87
158.96
Pickup truck #1027
8.00
19.87
158.96
Total Labor:
4,617.00
Fringe Benefits (100%)
617.00
Total Materials:
658.48
Overhead (25%)
Total Equipment/Fees :
1,805.36
Contingency 20%:
2,372.49
TOTAL DUE 14,234.95
UTB1524
Exhibit "B"
Page 2 of 2
DocuSign Envelope ID: BC584FFA-479F-4FBD-84A1-DCCC0180D4CC
EXISTING WATER LINE
11 11 1 \ \
tl 11 1 \
fl 1 1
11 11 1
1 Decommissioned \
tl 11 1
,1 Feed Line to be -
4 removed by WSDOT
!1 I \
I I li
o /
To be Plugged and
Disconnected by
City Of Port
Orchard
'
` - -
MAWashington State
Department of Transportation
EXISTING CURBING
\
B 10+38.80 45.00 R
EXISTING HYDRANT
Decommissioned
\ Hydrant to be
removed by WSDOT
\
r
BACK OF NEW SIDEWALK
W
------------
SR166 BAY STJBETHEL
FIRE HYDRANT RELOCATION
NORTHEAST QUADRANT OF INTERSECTION
0 10 20
SCALE IN FEET
EXISTING WATER LINE a °
,z
\ BE7-h,EL TB 1 24
U 5
(SR 166)AVE Exhibit "C
Page 1 of 1
AVEJMAPLE AVE. ROUNDABOUT nL07.1'B dVil lem TI..- ifl•2S•!2 AU
\ y.