HomeMy WebLinkAboutWashington State Department of Transporation (WSDOT) - Nob Hill Bridge Maintenance Agreement-,W H:fiXiffiffii",,'ooilaron
Maintenance Agreement
Work by WSDOT for Other
State, Federal, and Local
Governmental Agencies
Agoncy and Billlng Addrese
Clty of Yakima
Attn: Blll Preston
129 N. Second St.
Yakime, WA 98903
Agreement Number Agency Contact Name/Phone #/Emall
Bitl Pr€ston 509,57 A,07 54 Bill, Preeton@yaklmawa, gov
WSDOT Agreement Manager
Larry Battertton
Stat€wlde Vendor # or Federal lax lD #
swv 0007122-02
EEtlmated Cosls
i28,785.42
Dessiption sf l /oft (herein after rsturenced as Vlbrk)
RepalrJolnt on Nob Hlll Brldge cost $26'785,42
As part of this agle€ment se€ sttached Exhibit A- Addltional Provlslons
Attached is the estimate olwork to be done.
City will coordinate with BNSF prlor to any work being done.
This Agreement is between the Whshlngton State Departnent of Transportation (WSDOT) and fie abovFnamBd govemmental agenoy
{Agsnoy), herelnafter referred to lndivklually as the "Party" and collectively as the 'Parties."
Recltals
1. Tho Agency has roquested and WSDoT has agreed to perform certain maintenance work on Agency+wned faclllties, hereinafter
the "Work'.
2- lt is dbdred to be in the public's best intorest br WSoOT to compleie the Work as requestEd.
Now Therefore, pursusnt to chapler 3g,34 RCW and in consideratlon of the terme, conditione, and perlormances contrained herein, lhe
recitals as stated above which are incorporated and made a part hsreof, lt ls mutually agreod as follows;
1. Purpoae
1.1 WSDOT agrees to perform tho ebove-doscribed Work, using state labor, equipment, and materials, as requested by ihe Agency'
1.2 Th€ Agency agr€€s to reimburse WSDoT for the actual direc{ and related indirect costs of,the \ /ork, Administrative charges at
cunent rate arc consldersd part of indarect costs-
2. Perlod of Perlormanoo
2.1 Subisct to its other provisions, the period of performance of this Agreement ghall commence oo 211125 and be completsd
on2l1t26 unlesE terminated soonor as provided in this Agreement or extended through a properly executed amendment.
3. Payment
3.1 The $ffmeted cost of the tAlork is slated above. The Agency, in consideration of the faithful performanct of the Wo* performed
by WSDOT agrees to reimburse II/SDOT for the actual direct and related indirsct costs of the Work, The agency represents and
warants lhat it has sufflclsnt funds avallable to meet its financisl obligations under this Agreemenl'
g.2 The Agency agr€es to relmburs€ wsDoT vrithln thirry (30) calendar days ftom receipt of an {nvoice (the Due Date}. ln the ovent
the Agency iaiis to make payment by ihe Dire Date, ttre Agency will pay WSDOT interest on outstanding balances at ths rate ot
Dor Fom224-093 Page f of4
Revlsed 02/2024
twelvo percent (12%) per annum, or the hlghest rate of lnterest allowablo by law, whlchever is grester. lntoresl thall be calculated
from the Due Date to he date of payment.
3.3 The Agency shall r€mit all payrnents to the following address:
WSDOT 2809 Rudkln Rd Union Gap 08903
g.4 lf the Agency objects to all or any portion of an lnvolce, it shall notifo WSDOT wlthin twen$ (20) calendar days from the date
of recoipt and ehall pay only that portiqn of tlre lnvoloe not in dispute. WSDOT and the Agency shall make every efiort to settle
tho disputed portion, and if necassary, utillze dispute resolulion provided for hereln, No lnterest shall be due on any portion of
an involcs the Agency is determlned not to ows followlng settlement between the Parfres or completion of dispute resolution '
process.
4. lncrcase ln Gost
4.1 ln the event of unloreseen increased costs, the Partles agree that the estimated cost of the Work may be exceeded by a
continEency of up to 25 %, ln the event such increased coste exceed the contingency, the Fartleg may modifu the €stimat€d
cost of Wort by written amendment signod by both Pdrties. WSDOT shall notity he Agency of increas€d costs as [Tey become
known.
5. Right of Entry
S.1 The Agency grante to WSDOT a rlght of sntry upon all land ln whlch ihe Agency has interest fur the purpose of accompllshing the
\Alrrk described above.
6. Utllity Mltlgetion
6.1 The Farttes agree that should hsre be any utllities in conflict with the Work, whlch are also located within the Agency's
jurisdlction, they shall be identified in a tlmely manner that does not delay the \lJork. The Parties agree to work together in good
faith to ldenilff all utilities in conflictwith the Vvork. The Agency shall develop a utillty llsting of all facllities in conllict with lhe
Vllcrk and include the rnode of occupatlon or accommodation for oach utillty, lncludlng but not llmited to a fiandtlse, permit, lease,
easemsnt. etc. The Parti€s agt€e to work togelher to conduct a thorough utility conflic't analysis, Further, the Agency agrees lhat
they shall adequalely mitigate all utilities so as to not bo in conflict with ihe Work, lnduding temporary or porman€nt relocatlon'
Thls includes mitigating all utilitles who occupy the underlying right-of-way vla ffanchiBe, permit, ordinance, le88e, easem€nt, or
any olher mode of occupafon, ln a tlmely manner that does not delay the Work'
State law prohibits WSDOT kom oxpsndlng any tunds to mitigaio a utility conflict unless the utllty's facilitlos occupy the'
underlfing right-of-way vla a compenBable, real property lnterest, such as an easement. WSDOT does not recognize A$ency
lssr.red franchlss6, permits, ordinancee, or other similar accommodation agreements issuod by Agency as lnstruments that
convey a compensable, real property interest to a utlllty. WSDOI at its sole discretion, reservee the rlght to altor, d+scope or
t6rminate any of ttre Vr,/lork within tho Agonoy's jurisdlctlon at any time if the terms of this section are not satisfied'
7, General Provislons
1.1 Amendment: Thls Agreement may be amended or modlfied only by the mutual agrooment of lho Parties- Such amendments or
modifications shall nol be binding unless they are in writing and signed by persons authorized to bind each of tho Parties.
7.2 Assurancos: The Partlee agree that all actrvig pursuant to this Agreerlenl shall be in accordance with all applicable bderal,
state, and local laws, rules, and regulations as they currently exist or as emendod.
7 .g lnterpretation: This Agreement shall be interproted in accordancs with lhe laws of the state of Washlngton. The titlee to
paragraphs and sections of this Agreement are br convsnisnce only and ehall have no efect on the construction or interpretation
of any part hereof.
7.4 Termination:
ThisAgreement may be terminated, wlthout penalty or furhsr liablllty in lhe event of the following:
7.4.1 Termination for Convenience
This Agreement may be termlnated for convsnience by eiher Party at any tims. The notlce of intent io terminate for convenienoe
shall be issued by a Party in wrftlng no less than thirty (30) woiking days ln advance of terminatlon. The Party terminating
DOT Form 2.1'0SX
RevlBed 02/2024
Page 2 of 4
for convenlencs ehall not be llable to the other Party for any dlrect, lndlrect or conseqtnntial damages arlelng solely from
termlnatlon of this Agreement'
7.4,2 Termination for Ceuse
ThiB Agreement may be torminated for caues by elther Party if the other Party does not fulflll ln a tlmely and proier msnner its
obltgations under thts Agroement, or it ths other Party violatss any of tfie terms and condltlons of thls Agroement. The notice of
lntent to temlnate for cause shall be lssued by a Paily in writlng and the other Pa(y shall have lhe opportunlty to correct th€
violatlon or fallurs wlthln flfteen (16) working days of the date of the notce. lf the failure or vlolation is not correoted within the
tlme allowed, thls Agr€sment will automaticelly terminate.
7.4.3 Terminatlon for \Mthdrawal of Authorily
This Agresment may be terminated by WSDOT tn the event that WSDOT'9 authorlty to perfolm 8ny of its dutles ls wihdrawn,
reduced, or limited in any way efter the commencem€nt of this Agreement. The notice of lntent to terminate for withdrawal of
authority shall be issuad by wsDoT ln wrlflng no less than seven (7) calendar daye ln advance of lBrminafon. No ponalty shall
accrue to WSDOT in ttre ewnt termlngflon under this section is exerclsed. This eectlon shall nol be construed to permit WSDOT
to terminate thie Agroement ln order to acquire simllar servicee from a third-party'
7.4.4 Termlnation for Non-Allocatlon of Fundg
This Agreemeni mey be terminated by either Party lf lnsufficlent tunds are qllocated or approprlaled to lhe Party to 6ontnua its
perlomanc€ of this Agreemont in any future perlod. The notlcb of intont to terminate for non-allocallon of funds shall be issuad in
writing no less than soven (7) calendar days ln advance of termination'
I .4.5 , lf this Agreement is terminated prlor to the tulfillment of he terms stated herein, the Agency sgrees to reimburse
WSDOT forlhe acfual direc-t and related indirect expensos and costs it has lncur€d up to the date of termination, as woll as lhe
c,osts ol non-cancelabh obligations.
7,4.6 Any termination of this Agreement shall not preludlce any rights or obligatlons accrusd to the Parties prior
to tennination.
7 .i lA{aiver; A failure by a party to exerclge its rights under this Agreemenl shall not preclude that Party from subsequent exerclge of
such rlghts and shall not consgtute a waiver of any other rlghte under this Agreernent unless statsd to be such in writing signed
by en authorlzed representatlve of the waiving party and attached to the original Agreemont'
7 .6 lndepondent capacity; The employees or agents of each Party who are engaged ln the performance of ttls Agreement shall
continue to be employees or agents ofthai Party and shall not be oonsidered for any purpose to be employees or agents oflho
other Pafi.
7.7 lndemnification: To the extent allowable in law each Pariy to this Agreement wlll protect, defend, indemniff, and save harmless
the othor party, its ofllcerg, officials, €mployees, and agents, while acting within th€ scope of fteit employment as such, from any
and all costs, claims, judgments, aM/or awarde of damages (both to pdrsons and propsrty), arlsing out of, or in any way resulllng
from, each eany,s neitlgent acts or omissions with respsct to the ptovisions of this Agrsement, Neither Party will be rsqulred lo
indemnify, defend, or aave harmless the other Party lf the clalm, suit, or action br inJuries, deslh, or damages {both to persons
and property) is caused by the sole nsgligence of the other Party. lrllhere such clalms, suib, or actlons result from the concun€nt
negligence of the Parties, their agents, oficials, or employees, and/or involve those actions covered by RCW 4.24.115' the
indamnity provisions provided hereln will bs valld and enforceable only to tho odent of the negligence of the indemnifying Party,
ib agents, ofilcials, or employees.
The parties agree that their obligaflons under this sec.tion ext€nd lo any clalm, demand, and/or cause of action brought by, or on
behalf of, any of their ofitcers, offlcials, employees, or sgonte. For thls purpooe only, the Parties, by mutual negoliation, hereby
walvo, wlth resp6cl to each other only, any immunity that would otherulse ba available against such claims under the lndustrial
lnsurancs provisione of TTtle 51 RCW
Thls indemnilication and walver will survive the termination of this Agreement
7.g Severabillty: lf any term or coMltioir of this Agrcement is held lnvalld, sucfr invalidity shall not af,ect the validity of the oher tenns
ot conditions of thie Agreement'
7.g Disputes: ln the evenl that a dlspute arlses under this Agr€ement, it shall be rasolved as follows: WSDOT and the Agency shall
each appoint a member to a Dispute Board, lhese two membere shall select a third board member not afiiliated wlth eith€r Party.
The three-member board shall conduct a dlspui€ resolution hearing that shau be lnfomal and unrbcorded, The Parties shall
equally share ln the cost of the third Dispute Board member; ho{rever, each Party shall be responslble for ils own cosb and fe€s.
An attompt at such dispute resolugon in compllance wilh aforesaid process shall be a prersguisite to ths filing of any litigation
oor roHltffl$n8
tho dhPute' Paso s or4
Revi$€d 022024
7.10 Venue: ln ths event that elther Party daems it neceeeary to lnstltule legal actlon or proceedlngs to enbrc€ any rlght or obllgation
under this Agreement, the partios agr€e that any such actlon or proceedings ehall be brought ln the superlor court situated
ln Spokane , Washlngton unless ffllng ln another county is roqulred under any provlslon of th€ Revised Code of
Washington. Further, the Partios agrs€ that edch shall be responslble for lts otrvn eftorneys' fees and coets-
7 ,11 Audits/Records; All projecl r€cords for ths Work in supporl of all costs inotned shall bo malntain€d br a period of slx (6) years'
Each pa(y shall have full uor"r" to and ilght to examine sald records, during normal business hourg and as often as it deoms
necessary. The parties agree that the Work performed hereln is sugoct to audlt by elther or both Partlee and/or thalr designated
representatives, andlor state ol Washlngton and/or th6 federal govemment, ln tlle event of lltigation or claim arising from the
performance of thls Agreement, the parfles agree to maintain the records and accounts untll'such litigation, appeal or claims ars
finally reaolved. This s€ctlon shall gurvlve he termination of thls Agreement.
7.12 Worklng Days: Worklng days for thls Agr€em€nl are defined as Monclay through Frlday, excluding Washington State holldays per
Rcw 1.16.050.
7 13 All \Mitings Contalned Hereln: This Agr€€ment contalns all of the tsrms and condltions agreed upon by the Partles. No other
understandings, oral or olherwise, regardlng the subloct malter of this Agrsement shall be d€erned to exist or to bind the Parties.
8, Gounlerparte And Electronic Slgnature
g.1 Thls Agresmont may bo executed in counlerparls or in dupllcale orlglnals. Each countorpart or each dupllcate shall be deemed
an orlginal copy of this Agreement slgned by oach Party, fur all purposes. Electronic signaturos or slgnatures hansmitted via
e+nallln a ,,pDF" may be used in place of original signaturm on thle Agreem€nt Each Party intends io be bound by lts elocfonlc
or "pDF' signaturo on thlsAgreemont and is awarc lhat the other Party is relying on its electronlc or "PDF' signature..
In Wtnese \Mrereof, lhe Parties hereto haw executed this Agreement as of {he date signed last below.
Washlngton State
Department of Transportition
Printed:V tcforit k--Yz-n
a vY')Title:
?cVt t+r ?l)75Dato:
Digitally signed by Brian White
By:
Prlnt6d:W. Brian \Mite
Th{e:
Region Administrator
March28,2024
Date:
c r rY c oNrRAcr *o, -&l)!l,.2flJ.8;;;;;" NIIA
DOT Fom 224-093
Revleed 022D24
Psge 4 ol 4
EXHIBIT IIAT! - ADDITIONAL PROVISIONS
N rb H i rciYidT"Y: 5'#f, Re pa i r
ln addition to the Provisions included in the Agreement, the following items are made
part of this agreement.
Scope of Work: The Work consists of a temporary repair to Expansion Joint #3 on the
Nob Hill Road bridge over the BNSF railways as shown below. The Agency will be
completing a permanent repair at a later date. The temporary repair consists of
temporaryrepair of cutting out the bad section of the steel header and replace the joint
seai and ieinforced concrete. WSDOT is acting as the Agency's contractor in the
performance of the Work.
c."
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;/f
.i,'T)r --
tl:
lugrsl$ $kllb (rl;
rl*
ilr
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rlt
*/s
3/o
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EXPANSION JOINT PLAN VILW
Traffic Control: Traffic Control will be supplied by the Agency and will comply with the
Manual on Uniform Traffic Control Devices (MUTCD) for Streets and Highways - Part 6;
Chapter 6H and Washington modifications thereto'
Permits: The Agency will obtain any necessary permils and make any necessary
notifications.
Schedule: The Work will be performed at the convenience of WSDOT, at its earliest
opportunity,
Acceptance: WSDOT will provide written notification to the Agency of completion of the
Work. The Agency will provide WSDOT with a Letter of Acceptance for the Work within
five (5) business daYs.
Exhlblt A Page I of 2
SR 082 Begin MP: 34.00 End MP: 34.00
over
ORG CODE
455500
DATE;
1ztail2025
overthatonlhreeNtheHoboverheadiilgoesthebridgeonofjointakimatheforfixingexpansiCity allwouldandhaveneedtoduControlnnthebeTrafficwouldngsprojeclSFBNRailroadCityprovidproperty
QTY REG. HOURS O/THOURS AMOUNTLABOR DESCRIPTION
$20,984.3240,0IBridge Maintenance SPecialist 2
HOURSQTY
$20,984.32
AMOUNTEQUIPMENT TYPE
AL LABOR ESTIMATE:
$331.0740.0,1
0432 - DUMP, CREW CAB, 15K GVWR
$1,029.95I40.00852 - 54K GVWR, BRIDGE RPR, WO UT PLATFORM
QTY
$1,361 .02
AMOUNTMATERIAL TYPE
AL EQUIPMENT ESTIMATEI
$0.00
$0.00
AMOUNTQTYMISCELLANEOUS CHARGES . DESCRIPTION
AL MATERIAL ESTIMATE;
1.0 $1,428.00Joint seal
$1,428.00
$23,773.
TOTAL MISCELLANEOUS ESTIMATE:
AL CHARGES:
WORK ORDER NO:CONT. SECTIONREGION
South Central
MAINT. AREA LOCATION:
OFFICE USE ONLY:
Estimate Only: N
Revised Estimate: N
Work Completed: Y
Work Completed Date: 0710112025
CREATED BY:
Larry Batterton
DATE:
ozta5l2a25
^-'
-flt Ullashlngton
lloparlment
Slate
of Tlanrpoelallon
Exhibit B
COST ESTIMATE
Estimate Total (from above
lndirect Cost (1 2.67 o/o)
owable increase in cost (25%) from Exhibit A
3,773.34
ment Total
nt Threshold
$6,696,36
$33,481,76
$3,0'12.08
$26,785.42
Page 1 DATE PRINTED:21512025