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Home My WebLink AboutPW18-264 - Original - Seattle Department of Transportation - Contract - 7/9/18 5 ANT Records Management Document CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to the City Clerk's Office. All portions are to be completed. If you have questions, please contact the City Clerk's Office at 253-856-5725. ❑ Blue/Motion Sheet Attached ❑ Pink Sheet Attached Vendor Name: Seattle Department of Transportation (SDOT) ............. Vendor Number (IDE): Contract Number (City Clerk): W LiS 21p� _,. .... .._.._ ..... . Category: Interlocal Agreement Sub-Category (if applicable): Choose ar item. Project Name Meeker Street Bridge Repair Contract Execution Date: 7/9/2018 Termination Date: 8/31/2018 Contract Manager: Joseph Araucto Department: PW: Operations Contract Amount: $11.962.00 ..., .. _ .........--- . Approval Authority: ® Director ❑ Mayor ❑ City Council Other Details: ,Seattle Department of.Transportation (SDOT), will repair the Meeker Street pedestrian railing from a motor vehicle collision. Work will be done in three phases Pfia I te V se Siisit e11, stablish fiefd'dimensions P ase 1I Shop Fabrication and Pharse IfI Field Installation:......... .... ... .... _..............._ ... .. .... .......... ..... City of Seattle&City of Kent 1 Memorandum Agreement for Meeker Street Bridge Repair Services MEMORANDUM OF AGREEMENT For MEEKER STREET BRDIGE REPAIR between CITY OF SEATTLE DEPARTMENT OF TRANSPORTATION And CITY OF KENT THIS AGREEMENT is made and entered into between the Seattle Department of Transportation, hereinafter the "SDOT," and the City of Kent, hereinafter the "Kent,", collectively referred to as the "Parties" and individually referred to as the"Party" for the purpose of providing bridge repair services to Kent. RECITALS WHEREAS, Kent has a need for bridge repair services for purposes of repairing the pedestrian railing from a motor vehicle collision; and WHEREAS, SDOT has qualified staff and equipment necessary to perform the work desired by Kent; and WHEREAS, SDOT and Kent now desire to set forth the terms and conditions by which SDOT will provide bridge repair services for which Kent will reimburse the SDOT for providing those services; NOW, THEREFORE, in consideration of the terms, conditions and covenants set forth herein, the Parties hereto agree as follows: AGREEMENT 1. SCOPE OF SERVICES L1. SDOT to provide services of repairing the damaged rail/post on the Meeker Street Bridge in three phases: 1.1.1. Phase I: Site Visit, establish field dimensions 1.1.2. Phase 11: Shop Fabrication 1.1.3. Phase III: Field Installation 1.2. SDOT has submitted the attached cost estimate to Kent prior to the Work for all labor, equipment, material, and travel cost.The cost estimate is submitted as Exhibit A. 1.3. Kent agrees to follow all of SDOT's safety policies including, but not limited to traffic control, railroad flagging and fall protection. SDOT/Kent Memorandum Agreement for Bridge Repair Services Page 1 of 4 1.4. Kent will be responsible Traffic setups and traffic control plans 2. TERM 2.1. This AGREEMENT will be effective upon execution by both Parties and run through July 9,2018 through August 31,2018. 3. BILLING AND PAYMENT 3.1. SDOT shall be reimbursed for the cost actual direct and related indirect costs incurred for the Work (please see the attached cost estimate). Said cost shall include all labor, related indirect costs which include overhead, Fringe, material and equipment. Related indirect costs shall also include compensation identified in $DOT personnel's bargaining agreement. 3.2. SDOT shall submit itemized progress invoices to Kent. Kent shall provide payment to SDOT within thirty (30) calendar days of receipt of an itemized invoice. No more than one invoice per month shall be submitted to Kent by SDOT. It is agreed that Kent may, upon review of an invoice, withhold payment for disputed charges, until such time that the Parties come to an agreement as to the appropriates of the charges and that, upon completion of the Work, all required adjustments will be made and reflected in the final payment. 4. TERMINATION 4.1. This AGREEMENT may be terminated by either Party upon the giving of thirty (30) calendar days' written notice to the other Party, at which time any remaining financial obligations for services rendered prior to termination shall be paid in full. 4.2, In the event that services are terminated prior the term of this AGREEMENT, all direct and indirect phasing-out cost shall be paid by the Party requesting termination. Termination cost claimed shall not exceed the actual costs incurred as a result of termination. 5. REPRESENTATIVES 5.1. The persons responsible for administration of this AGREEMENT on behalf of each Party shall be the SDOT Division Director or designee, and (Kent Director). All correspondence, letters or other notices shall be directed to the foregoing Parties at the following addresses/phone numbers, or to their established agency designee: SDOT/Kent Memorandum Agreement for Bridge Repair Services Page 2 of 4 SDOT Kent Paul Jackson Joseph Araucto, P.E Structures Ops& Maint. Manager Utility Engineer/Public Works Operations 700 Fifth Avenue, Suite 3900 5921 South 240" Street, Kent, WA 98032 PO Box 34996; Seattle, WA 98124-4996 253-856-5664 206.684.8325 J rg119t00Ae1)1) r";A 99—Y, mgl,jac ,g rn absvo)c.,vy 6. AMENDMENTS 6.1. 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. 7. INDEMNIFICATION: 7.1. To the extent authorized by law, the Parties 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 SDOT and (b) the Kent, 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 SDOT or Kent, and provided further, that nothing herein shall require the SDOT or Kent to hold harmless or defend the other or its employees and/or officers from any claims arising from that Parry's sole negligence or that of its employees and/or officers. 7.2. Further, SDOT agrees that its obligations under this Section extend to any claim, demand, and/or cause of action brought by, or on behalf of, any of its employees. For this purpose, the SDOT, by mutual negotiation with the Kent, hereby waives with respect to the Kent only, any immunity that would otherwise be available to it against such claims under the Industrial Insurance Provisions of Title 51, RCW. 7.3. The terms of Section 7.1 shall survive the termination of this Agreement. 8. OTHER PROVISIONS 8.1. No liability shall attach to SDOT or Kent by reason of entering into this AGREEMENT except as expressly provided herein. SDOT/Kent Memorandum Agreement for Bridge Repair Services Page 3 of 4 i 8.2. This AGREEMENT contains the entire written agreement of Parties and supersedes all prior discussion. This AGREEMENT may be amended only in writing, signed by both parties. 8.3. In providing services under this AGREEMENT, SDOT shall be deemed an independent contractor for all purposes and its employees shall not in any manner be deemed to be employees or agents of Kent for any purpose. SDOT shall be responsible for all federal and/or state tax, industrial insurance and Social Security liability that may result from the performance of and compensation for these services and shall make no claim of career service or civil service rights which may accrue to the lending party employee under State or local law. IN WITNESS WHEREOF, the Parties hereto have executed this AGREEMENT on the day and the year last written below. Seattle Department of Transportation City of Kent Michael Terrell,CPRS Director imotlty I "forte, Director Seattle Department of Transportation City of Kent Date Date SDOT/Kent Memorandum Agreement for Bridge Repair Services Page 4 of 4 ! k ° 7 ! \ | iki OM / ! $\ m § k f#r { 2■ * k \ � $ \ , { 222 oao ° O ` � 8 ( ( Lou ~2 \0| \■ §$ } . . k �} w, a� sr y ti a w � . ! §\ � 2 � \ ) � \ ! < < k k 7 \ \\ \tz cli - . : \ 2 \■ � Ij