HomeMy WebLinkAbout5.638 Original Contract
. .
Filed at the Request of:
City of Port Angeles
City Clerk's Office
P. O. Box 1150
Port Angeles, W A 98362
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Clallam
2005 1163445 County
Interlocal Agreement
City Clerk File No.: 5"' ~~
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Agreement between the City of Port Angeles and ~ k+ ~
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Washington State
Department of Transportation
Douglas B. MacDonald
Secretary of Transportalion
Olympic Region Hei:ldquarters
5720 Capitol Boulevard, Tumwater
POBox 47440
Olympia, WA 98504-7440
360-357 -2600
Fax 360-357-2601
TTY 1-800-833-6388
'WVIfW wsdot wa gov
March 12, 2003
City of Port Angeles
Public Works & Utilities
321 East Fifth
PO Box 1150
Port Angeles, W A 98362-0217
Attn: Gail McLain
Re: Hood Canal Bridge
SR 104 MP 13.75 to MP 15.50
Graving Dock Facility
Agreement No. UT 0931
Dear Ms. McLain:
Attached is the fully executed "UTILITY" original of the subject agreement for completion
of your records.
If you have any questions, please call me in the Olympic Region Utilities office at 360-
357 -2746.
Sincerely,
~~~ - ~
George Immel
Project Support Engineer
GPI
Attachment
Cc: L. Messmer (State original, one copy, Transmittal Checklist, Agreement Edit)
E. Soderquist
T. West
J. Moore
File
-
w
Washingt'on State
Department of Transportation
Organization and Address
Utility Construction City of Port Angeks
Agreement Public Works & Utilities
321 East Fifth Street
Work by Utility - Actual Cost Port Angeles, W A 98362-0217
Agreement Number
UT 0931 Section / Location
State Route Number Control Section Number SR 104 MP13.75 to MP 15.50
104 CS 0500CT Hood Canal Bridge Replacement
Region Graving Dock Facility
Olympic Region OL 3305
THIS AGREEMENT, made and entered Into this 11th day of March 2003, between the STATE OF
WASHINGTON, Department of Transportation, acting by and through the Secretary of Transportation, by virtue of Title 47 RCW,
(hereinafter the "STATE") and the above named organization, (hereinafter the "UTILITY").
WHEREAS, the STATE IS planning the construction or Improvement of the state route shown above, and in connection therewith It IS
necessary to remove and/or relocate or construct certain UTILITY faCilities as set forth In the attached plans, and
WHEREAS, It IS deemed to be In the best public interest for the UTILITY, as owners of said faCIlities, to perform the work of
removing, adJusting, and/or relocating the faCIlities, and
WHEREAS, the UTILITY has a compensable interest In ItS faCIlities and nght-of-way by virtue of being located on easements or
UTILITY owned nght-of-way, and the STATE IS obligated to reimburse the UTILITY for the relocation of these faCIlities, and the UTILITY
IS obligated for the cost of any relocation reqUired for faCIlities not on easements or UTILITY owned nght-of-way.
NOW THEREFORE, 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
Federal-aid Policy GUide - 23 CFR 645A, Subpart A and
amendments thereto, determine and establish the definitions and
applicable standards for thiS AGREEMENT and payment
hereunder, and by thiS reference are Incorporated hereby and
made a part of thiS AGREEMENT for all intents and purposes as
If fully set forth herein.
The UTILITY shall furnish the labor, matenals, equipment, and
tools reqUired for and do the work In removing and/or relocating
the UTILITY facilities, in accordance with and described In the
specifications marked Exhibit "A" and plans marked Exhibit "C"
attached hereto, and by thiS reference made a part of thiS
AGREEMENT.
II
PAYMENT
The STATE, In consideration of the faithful performance of the
work to be done by the UTILITY, agrees to pay the UTILITY
actual direct and related Indirect costs accumulated In accordance
with a work order accounting procedure as prescribed and
approved by the Agency shown In Exhibit "A" under accounting
system.
DOT Form 224-053 EF
Revised 10/96
An Itemized estimate of cost for work to be performed by the
UTILITY at the STATE's expense marked Exhibit "B" is attached
hereto and by thiS reference made a part of thiS AGREEMENT.
Partial payments may be made upon request of the UTILITY to
cover costs incurred, and are not to be more frequent than one
(1) per month. It IS agreed that payment of any partial claim will
not constItute agreement as to the appropnateness of any Item
and that at the time of final audit, all required adjustments will be
made and reflected In a final payment. In the event that such final
audit reveals an overpayment to the UTILITY, the UTILITY agrees
to refund such overpayment to the STATE.
Dunng the progress of the constructIon and for a period not less
than three (3) years from the date of final payment to the
UTILITY, the records and accounts pertaining to the construction
of the project and accounting therefore are to be kept available for
inspection and audIt by the STATE and/or Federal Government
and copies of all records, accounts, documents, or other data
pertaining to the project will be furnished upon request. If any
litigation, claim, or audit IS commenced, the records and accounts
along WIth supporting documentatIon shall be retained until all
litigation, claim, or audit finding has been resolved even though
such litigation, claim, or audit continues past the 3-year retention
penod.
The UTILITY shall submit a fl'nal billing to the STATE within 90
calendar days following completion of the work Involved.
III
AUTHORITY TO BEGIN WORK
AND SCHEDULE OF WORK
The UTILITY agrees not to commence work until receipt of notice
to begin work In writing by the STATE, and that reimbursement
will be limited to those costs Incurred subsequent to the date of
such notification.
The UTILITY agrees to schedule the work herein referred to and
perform said work In such manner as not to delay or Interfere With
the STATE's contractor In the performance of the contract.
IV
EXTRA WORK
In the event unforeseen conditions require an Increase In the cost
of 25 percent or more from that agreed to on Exhibit "B", this
AGREEMENT Will be modified by supplement AGREEMENT
covenng said Increase.
In the event It IS determined that any change from the statement
of work contained in this AGREEMENT IS required, approval must
be secured from the STATE pnor to the beginning of such work
Where the change IS substantial, written approval must be
secured.
Reimbursement for Increased work and/or a substantial change In
the statement of work shall be limited to costs allowed by a
wntten modification, change order, or extra work order approved
by the STATE.
V
WORK BY CONTRACT
It IS acknowledged that the UTILITY may not be adequately
staffed or equipped to perform all the work reqUired hereby, and
that all or part of the same may be done by a contract let by the
UTILITY The UTILITY agrees that It shall not advertise or soliCit
bids for contract work until authonzed to do so In wntlng by the
STATE. It IS further agreed that the UTILITY must receive written
approval of the bid and contractor from the STATE pnor to
awarding the contract
If a valid and continuing contract eXists between the UTILITY and
a contractor, and the UTILITY desires to have the work required
by thiS AGREEMENT performed under the subject contract, the
UTILITY shall provide the STATE With a copy of the contract for
the STATE to review and approve. The STATE Will indicate ItS
approval by including a statement In Exhibit "A" to thiS
AGREEMENT that the work shall be performed by (name and
address of contractor) under a continuing contract approved by
the STATE.
Nothing in the approval of such contract or agreement by the
STATE Will constitute an assignment of the UTILITY's rights
and/or obligations or otherwise establish direct relations between
STATE, UTILITY, and contractor.
DOT Form 224-053 EF
ReVised 10/96
VI
INSPECTION AND ACCEPTANCE
All of the UTILITY's construction operations, as provided under
thiS AGREEMENT, shall be subject to inspection by the STATE.
Final acceptance of work shall be by payment of the final and
complete Itemized billing certifYing that all the work has been
done and upon recommendation of the Regional Administrator of
the Department of Transportation.
Nothing In either inspection or acceptance shall reduce the
UTILITY's responsibility for the work.
VII
SALVAGE
All material removed by the UTILITY shall be reclaimed or
disposed of by the UTILITY and shall be credited to the STATE In
accordance With Federal-aid Policy GUide - 23 CFR 645A,
Subpart A. The UTILITY shall furnish wntten notice to the STATE
for the time and place the materials Will be available for
inspection. If salvage credit IS anticipated on the proJect, an
estimate of the salvage credit Will be Included In the estimate of
cost.
VIII
DISCONNECT AND REMOVAL
When It IS determined to be In the Interest of the STATE to have
the UTILITY's faCIlities removed by the STATE's contractor, the
UTILITY Will disconnect the faCIlities shown on Exhibit "C" to be
removed by the STATE's contractor at STATE expense. Upon
disconnection the STATE shall assume full responsibility for and
diSposItion of the above mentioned faCIlities. It IS agreed that the
matenal to be removed by the STATE's contractor shall have no
salvage value to the UTILITY
IX
BETTERMENTS
If adjustment of the UTILITY's faCIlities does constitute a
betterment as defined In Federal-aid Policy GUide - 23 CFR
645A, Subpart A, the betterment credit Will be included In the
estimate of cost.
X
ACCRUED DEPRECIATION
If adjustment of the UTILITY's faCIlities does Involve a credit due
for the accrued depreCiation of the faCIlity being replaced, thiS
value Will be Included In the estimate of cost.
XI
COMPLIANCE
The UJILlTY agrees to comply With all applicable reqUIrements of
the STATE which shall be 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.
XII
RIGHT OF ENTRY
The UTILITY hereby grants and conveys to the STATE the right
of entry upon all land which the UTILITY has Interest, within the
right-of-way of the highway, for the purpose of Improving and/or
constructing said hIghway.
As noted In Exhibit "A" the UTILITY Will, after relocation and/or
adjustment of their facilities, execute and deliver to the STATE a
qUit claim deed removing all UTILITY Interests from within the
STATE's right-of-way.
Upon completion of the work outlined herein, all future operation
and maintenance of the UTILITY's faCIlities shall be at the sole
cost of the UTILITY and Without expense to the STATE.
XIII
EASEMENT, PERMIT, OR FRANCHISE
The STATE Will Issue the UTILITY an easement, permit, or
franchise, as provided In Exhibit "An, for those UTILITY faCIlities
which remain on or cross the STATE's right-of-way follOWing
completion of the work outlined herein.
. . . ..
XIV
LEGAL RELATIONS
The UTILITY 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 kind or nature, brought against the STATE arising out
of, In connection With, or inCident to the execution of thiS
AGREEMENT and/or the UTILITY'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) 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
UTILITY, and PrOVided further, that nothing herein shall require
the UTILITY 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.
IN WITNESS WHEREOF, the parties hereto have executed thiS AGREEMENT as of the day and year first above written.
UTILITY
By /Lt Mt-
STATE OF WASHINGTON
DEPARTMENT OF TRANSPORTATION
By /?~a~
4>lW
Title O.uc//1'- ,,! ~v6J,... tJ",./rs I t/1;I.'f#',.f Title
Date J / r I ~ 1
f f
DOT Form 224-053 EF
ReVised 1 0/96
)?~ G,~e'1/ ,q D/V7/A//.s T,e~ TCJ ~
" t,
EXHIBIT "A"
SPECIFICATIONS AND SPECIAL CONSIDERATIONS
The work proposed within this agreement is for removal of two poles, four transformers, two spans of ,
three-phase primary wire and related equipment. This removal work is necessitated by the
construction of a Graving Dock facility, in Port Angeles, as part of the Hood Canal Bridge Replacement
project.
WORK TO BE PERFORMED BY THE UTILITY
The UTILITY will provide all necessary equipment, materials and labor required for the removal of their
facilities as shown on the attached Exhibit "C".
WORK TO BE PERFORMED BY THE STATE
None.
ACCOUNTING
The STATE, in consideration of the faithful performance of the work to be done by the UTILITY, agrees
to pay the UTILITY the amount as Indicated on the attached Agreement form.
SALVAGE
No salvage credit is anticipated on this project. All material to be removed by the UTI L1TY shall be
disposed of by the UTILITY. No credit shall be due to the STATE in accordance with Federal-Aid
Policy Guide - 23 CFR 645A, Subpart A.
DISCONNECT AND REMOVAL
Only the UTILITY is authorized to disconnect and remove the UTILITY's facilities. Disposition and
salvage issues shall be as stated above.
BETTERMENTS
The removal of the UTILITY's facilities do not constitute a betterment as defined In the Federal-Aid
Policy Guide - 23 CFR 645A, Subpart A: Utility Relocations, Adjustments, and Reimbursement.
EASEMENT
No easement issues are involved in this project.
ExhIbit "A"
UT 0931
Page 1 A
. .
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. ..'
EXHIBIT "B"
Utility Construction Agreement
Work By Utility -- Actual Cost
Removal of Three Utility Poles and Transformers
Ilabor
ITEM QUANTITY UNIT UNIT COST COST
Foreman 12 Hr. $45.42 $545.04
Lineman I 12 Hr. $37.23 $446.76
Lineman II 12 Hr. $38.07 $456.84
Equipment Operator 12 Hr. $34.84 $418.08
labor Total $1,866.72
IEqulpment
ITEM QUANTITY UNIT UNIT COST COST
Bucket Truck #162 12 Hr. $28.50 $342.00
Pickup #138 12 Hr. $12.00 $144.00
Manlift Boom Truck #155 12 Hr. $24.10 $289.20
Flatbed #144 12 Hr. $26.50 $318.00
Equipment Total $1,093.20
ISub Total
$2,959.92~
$739.981
$3,699.901
125% Contigency
ITotal Cost
Agreement UT-0931
Exhibit "B"
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Washington State
Department of Transportation
SR 104
HOOD CANAL BRIDGE RETROFIT
AND EAST-HALF REPLACEMENT
....,
R. COSSET
G.UN
D. CARL I NGTON
J.O. MOOR~
R. HAIN
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03/0312003
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~ POWER"POLES 'TO, BE
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II[G I 011
00.
FED.AID PROJ.NO.
~
V
Washington State
Department of Transportation
SR 104
HOOD CANAL BRIDGE RETROFIT
AND EAST-HALF REPLACEMENT
U1
STATE
R. GOSSET
G. UN
D. GARLINGTON
J.D. MOORE
R. HAIN
CONTRACt NO.
LOCATION NO.
1 EXP,RES 0<1/221200.1
P.E. STAMP BOX
DATE
DA.TE
REVISION
DATE
BY
P.E. SlAW BOX
LEGEND
FIRE CABINETS
STAND PIPE
FIRE HYDRANT
EXIST FIRE HYDRANT
EXIST UTILITY POLE
CEMENT CONC. STAIRWAY
EXIST OVERHEAD POWER LINE
FILL LINE
I" ........... -I
...r..,.,.,......
AREA TO BE KEPT CLEAR FOR
INGRESS AND EGRESS
NOTE: TURN OFF WATER BEFORE
EXCAVATION
I
o
I I
SO 100
SCALE IN FEET
CITY OF PORT ANGELES
6" WATER METER
Exhibit "e"
UT 0931
PLOT4
SHEE T
or
UTILITIES
SHEE is