HomeMy WebLinkAboutResolutions - 2022-08 - Authorizing an Agreement between the City and the Washington State Department of Transportation WSDOT for bridge inspection services. - 2/15/2022City of East Wenatchee Resolution 2022-08 with Exhibit A
Retain Resolution until no longer needed for City-business, then transfer to Washington State
Archives (GS50-05A-16 Rev. 1)
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City of East Wenatchee, Washington
Resolution No. 2022-08
A Resolution of the City of East Wenatchee, Washington authorizing
the Mayor to execute a Bridge Inspection Agreement between the City
of East Wenatchee and the Washington State Department of
Transportation for bridge inspection services.
1. Alternate format.
1.1. Para leer este documento en otro formato (español, Braille, leer en voz alta, etc.), póngase en contacto con el vendedor de la ciudad al alternateformat@eastwenatcheewa.gov, al (509) 884-9515 o al 711 (TTY).
1.2. To read this document in an alternate format (Spanish, Braille, read aloud, etc.), please contact the City Clerk at alternateformat@eastwenatcheewa.gov, at (509) 884-9515, or at 711 (TTY).
2. Authority.
2.1. RCW 35A.11.020 and RCW 35A.12.190 authorize the City Council to organize and regulate its internal affairs and to define the powers, functions and duties of its officers and employees.
THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO RESOLVE AS FOLLOWS:
3. Authorization. The City Council authorizes the Mayor to execute a
contract amendment that conforms to the language set forth in
Exhibit A.
4. Severability. If a court of competent jurisdiction declares any provision in this resolution to be contrary to law, such declaration shall not affect the validity of the other provisions of this Resolution.
5. Effective date. This Resolution becomes effective immediately.
Bridge lnspection
Agreement
Local Agency and Address
Name: City of East Wenatchee
Address: 271gth Street NE
City, State Zip: East Wenatchee, WA 98802
Agreement Number
GCB 3651
Exhibits
A. SCOPE OF WORK; B. COST RATES
This Agreement is between the Washington State Department of Transportation, hereinafter
'WSDOT,' and the above-named entity, hereinafter "LOCAL AGENCY," collectively "Parties"
and individually "Party."
WHEREAS, the LOCAL AGENCY, on a periodic basis, has a need to have certain bridges
under its jurisdiction and responsibility regularly inspected, and
WHEREAS, WSDOT has the qualified personnel and equipment and is willing to performing the
bridge inspection work as mutually agreed upon,
NOW THEREFORE, pursuant to RCW 47.28.140, the above recitals that are incorporated
herein as if fully set forth below, and in consideration of the terms, conditions, and provisions
contained herein, and the attached Exhibits A and B, which are by this reference made a part of
this Agreement, lT lS HEREBY AGREED AS FOLLOWS:
1. GENERAL TERMS, SCOPE OF WORK, AND TERM
1.1 This Agreement provides the terms and conditions for WSDOT periodic bridge
inspection work to be performed on LOCAL AGENCY-owned bridges at the LOCAL AGENCY's
request and expense. The bridges to be inspected are listed in Exhibit A, Scope of Work.
WSDOT shall initiate the inspections of the bridges listed in Exhibit A when each bridge is due
for an inspection unless LOCAL AGENCY notifies WSDOT in writing not to inspect a bridge 60
days prior to the bridge's inspection due date. Also included in Exhibit A are the estimated hours
to complete each type of inspection on each bridge and the next anticipated dates for their
inspection.
1.2 The LOCAL AGENCY does not guarantee a minimum number of bridge inspection
requests, and WSDOT does not guarantee to perform any or all of the LOCAL AGENCY bridge
inspection request(s). Should WSDOT decline to perform a requested bridge inspection for any
reason, WSDOT shall not be liable for any costs incurred by the LOCAL AGENCY or damages
incurred by any third party related to WSDOT's decision not to perform a requested bridge
inspection.
1.3 WSDOT, on behalf of the LOCAL AGENCY or in conjunction with the LOCAL AGENCY,
may perform bridge inspection work for the LOCAL AGENCY upon request. Bridge inspection
requests for bridges not listed in Exhibit A shall be made in writing. Each request shall identify
the bridge to be inspected and the type of inspection. WSDOT will respond in writing to the
LOCAL AGENCY's request within fifteen (15) calendar days. WSDOT will identify the estimated
time for the inspection and the estimated cost. lnspection dates will be mutually agreed upon by
the Parties.
1.4 For bridge inspections where WSDOT provides the lead bridge inspector along with
WSDOT equipment and an operator, WSDOT shall provide a draft bridge inspection report to
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Exhibit A
the LOCAL AGENCY's Contract Administrator listed below. WSDOT shall enter the completed
inspection report data into the Bridgeworks database. The LOCAL AGENCY shall have five (5)
business days to review and comment upon the draft bridge inspection report prior to a final
bridge inspection report being prepared by WSDOT. The final bridge inspection report shall be
prepared within ten (10) business days after receipt of the LOCAL AGENCY's comments, if any.
Business days for this Agreement are defined as Monday through Friday, excluding Washington
State holidays per RCW 1.16.050 and any Party's furlough days.
WSDOT agrees that the LOCAL AGENCY may use its own certified lead bridge inspector to
work with WSDOT's equipment and operator. Should the LOCAL AGENCY choose to provide
its own certified lead bridge inspector, the LOCAL AGENCY shall be solely responsible for
preparing its own bridge report.
Contract Administrator: Garren Melton
Title: lnterim Public Works Manager
Email address and phone number: GMelton@eastwenatcheewa.qov, (509) 884-1829
Mailing address: 271gtn Street NE
East Wenatchee, WA 98802
1.5 Traffic control, if needed, will be provided by the LOCAL AGENCY at its sole cost. Traffic
control costs are not included in the WSDOT cost rates.
1.6 Term: This Agreement shall remain in effect for ten (10) years from the date of
execution, at which time this Agreement shall automatically terminate, unless extended by
written amendment according to the conditions in Section 3, Amendment, below.
2. BILLING AND PAYMENT
2.1 The LOCAL AGENCY agrees to reimburse WSDOT for actual direct and related indirect
costs to perform the bridge inspection work as requested by the LOCAL AGENCY at the then
current WSDOT cost rate. Upon completion of the work, WSDOT shall submit a detailed
invoice, identifying the bridge(s) inspected, the inspection hours worked, the type of inspection,
the rates to be applied, and the total amount due.
2.2 WSDOT's current billing rates are shown in Exhibit B, Cost Rates. lt is anticipated that
these rates will increase over the life of the Agreement, and the LOCAL AGENCY
acknowledges and agrees that WSDOT shall bill its current rates at the time the bridge
inspection work is performed.
2.3 The WSDOT may submit invoices at any time, but not more frequently than once per
month. WSDOT shall send appropriately documented invoices for work completed to the
following address:
Local Agency: Citv of East Wenatchee
Attention: Garren Melton
Address: 271 9th Street NE
City, State, Zip: East Wenatchee. WA 98802
2.4 The LOCAL AGENCY agrees to reimburse WSDOT within thirty (30) calendar days from
receipt of an invoice (the "Due Date"). ln the event the LOCAL AGENCY fails to make payment
by the Due Date, the LOCAL AGENCY will pay WSDOT interest on outstanding balances at the
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Exhibit A
rate of twelve percent (12o/o) per annum, or the highest rate of interest allowable by law,
whichever is greater. Interest shall be calculated from the Due Date to the date of payment.
lf the LOCAL AGENCY objects to all or any portion of an invoice, it shall notify WSDOT within
twenty (20) calendar days from the date of receipt and shall pay only that portion of the invoice
not in dispute. WSDOT and the LOCAL AGENCY shall make every effort to settle the disputed
portion, and if necessary, utilize dispute resolution provided for in Section 7. No interest shall
be due on any portion of an invoice the LOCAL AGENCY is determined not to owe following
settlement between the Parties or completion of dispute resolution process.
The LOCAL AGENCY shall remit all payments to the following address:
Washington State Department of Transportation
CASHIER
P.O. BOX 47305
oLYMP|A, WA 98504-7305
3. AMENDMENT
3.1 The Parties may mutually amend this Agreement at any time. The amendments shall not
be binding unless they are made in writing and signed by personnel authorized to bind each
Party, prior to performing any of the bridge inspection work that would be covered by the
amendment.
4. TERMINATION
4.1 Either Party may terminate this Agreement upon thirty (30) calendar days prior written
notice to the other Party. lf this Agreement is so terminated, the Parties shall be liable only for
the performance rendered or costs incurred in accordance with the terms of this Agreement
prior to the effective date of termination, including all non-cancellable obligations.
5. LEGAL RELATIONS
5.1 WSDOT's relation to the LOCAL AGENCY shall be at alltimes as an independent
contractor. Further, WSDOT shall perform the work as provided under this Agreement solely for
the benefit of the LOCAL AGENCY and not for any third party.
6. INDEMNIFICATION
6.1 The Parties shall protect, defend, indemnify, and hold harmless each other and their
employees and/or authorized agents, while acting within the scope of their employment as such,
from any and all costs, claims, judgments, and/or awards of damages (both to persons and/or
property), arising out of, or in any way resulting from, each Party's obligations to be performed
pursuant to the provisions of this Agreement. The Parties shall not be required to indemnify,
defend, or hold harmless the other Party if the claim, suit, or action for injuries, death, or
damages (both to persons and/or property) is caused by the negligence of the other Party;
provided that, if such claims, suits, or actions result from the concurrent negligence of (a) the
WSDOT, its employees and/or authorized agents and (b) the LOCAL AGENCY, its employees
or authorized agents, or involves those actions covered by RCW 4.24.115, the indemnity
provisions provided herein shall be valid and enforceable only to the extent of the negligence of
each Party, its employees and/or authorized agents.
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Exhibit A
6.2 The terms of this Section shall survive termination of this Agreement.
DISPUTE RESOLUTION7
7.1 The Parties shall work collaboratively to resolve disputes and issues arising out of, or
related to, this Agreement. Disagreements shall be resolved promptly and at the lowest level of
hierarchy. To this end, following the dispute resolution process shown below shall be a
prerequisite to the filing of litigation concerning any dispute between the Parties:
A. The representatives designated in this Agreement shall use their best efforts to
resolve disputes and issues arising out of or related to this Agreement. The
representatives shall communicate regularly to discuss the status of the tasks to be
performed hereunder and to resolve any disputes or issues related to the successful
performance of this Agreement. The representatives shall cooperate in providing staff
support to facilitate the performance of this Agreement and the resolution of any
disputes or issues arising during the term of this Agreement.
B. A Party's representative shall notify the other Party in writing of any dispute or
issue that the representative believes may require formal resolution according to Section
7.1D. The representatives shall meet within five (5) working days of receiving the written
notice and attempt to resolve the dispute.
C. ln the event the representatives cannot resolve the dispute or issue, the LOCAL
AGENCY, and WSDOT's Region Administrator, or their respective designees, shall meet
and engage in good faith negotiations to resolve the dispute.
D. ln the event the LOCAL AGENCY and WSDOT's Region Administrator, or their
respective designees, cannot resolve the dispute or issue through good faith
negotiations, the LOCAL AGENCY and WSDOT shall each appoint a member to a
Dispute Board. These two members shallthen select a third member not affiliated with
either Party. The three-member board shall conduct a dispute resolution hearing that
shall be informal and unrecorded. All expenses for the third member of the Dispute
Board shall be shared equally. The decision of the Dispute Board shall be final and
binding on the Parties. Venue for any such hearing shall be in Thurston County,
Washington.
8. RIGHT OF ENTRY
8.1 The LOCAL AGENCY hereby grants to the WSDOT a right of entry upon all land in
which the LOCAL AGENCY has interest, within or adjacent to the right of way of the bridge to
be inspected for the purpose of accomplishing the work described in this Agreement. Such right
of entry shall commence upon execution of this Agreement and shall continue until termination
of this Agreement under any applicable provision.
9. SEVERABILITY
9.1 lf any terms or provisions of this Agreement are determined to be invalid, such invalid
term or provision shall not affect or impair the remainder of the Agreement, but such remainder
shall remain in full force and effect to the same extent as though the invalid term or provisions
were not contained in the Agreement.
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Exhibit A
lN WITNESS WHEREOF, the Parties have executed this Agreement as of the date signed last
by the Parties below.
WASHINGTON STATE
DEPARTMENT OF TRANSPORTATION
Signature
Evan M. Grimm
PrintedName
Bridee Preservation Ensineer
Title
Date
Mark F. Schumock
Assistant Attorney General
City of East Wenatchee
Date Signattre Date
PrintName
Title
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Exhibit A
Structure Id Bridge No Bridge Name Type Freq.Last Insp.2031
$726.80 $726.80 $726.80 $726.80
$1,453.60 $2,180.40 $2,180.40 $2,907.20 $2,907.20 $3,634.00 $3,634.00 $4,360.80 $4,360.80Cumulative Total $1,453.60Total for Year $1,453.60
3/1/2022 $726.800813920013.5X.8SW FOURTH ST NE RTN 0
$726.80 $726.80 $726.8010/1/2022 $726.80 $726.80
2027 2028 2029 2030
08139200 13.5X.8SW FOURTH ST NE RTN 24
Next Insp.2022 2023 2024 2025 2026
Agreement Scope for
East Wenatchee
(GCB3651) Exhibit A
Scheduled Ready to Bill
Cancelled Billed Not Paid
Report in Progress Paid
Exhibit A
Exhibit B
Cost Rates Bridge Inspection Estimated Hourly Rate
Estimated Hourly
Labor Rates
Estimated Hourly
OT Labor Rates
Estimated Hourly
Equipment Rates
2 MAN UBIT INSPECTION
1 Bucket Operator & 1 UBIT Driver
Excludes Lead Inspector
BE3-BE3
3 MAN UBIT INSPECTION
1 Lead Inspector, 1 Co-Inspector & 1 UBIT Driver
BE3-BE3-BE5
ROUTINE/SAFETY INSPECTION
1 Lead Inspector & 1 Co-Inspector
BE5-BE3
DECK/TUNNEL/FERRY TERMINALS
1 Lead Inspector & 1 Co-Inspector
BE5-BE5
UNDERWATER BRIDGE INSPECTION
3 Man Dive Team
BE5-BE5-BE5
UNDERWATER BRIDGE INSPECTION
4 Man Dive Team
BE5-BE5-BE5-BE5
Title: Hourly Labor Rates 9/1/21 Estimated Hourly
Rate:
Estimated O/T
Hourly Rate:
Bridge Engineer 3 - Range 64 70.79$ 92.49$
Bridge Engineer 4 - Range 68 77.25$ 101.62$
Bridge Engineer 5 - Range 72 84.41$ 111.51$
Bridge Engineer 6 - Range 76 92.26$ 122.33$
Inspection Vehicles: Rates Assumed 7/1/21
Ford E350 4x4 Van 4.20$
Ford F250 5.69$
Ford Econoline Van E350 4.20$
Ford F450 9.60$
2019 Munson 26 FT Dive Aluminum 11.21$
Boat W/Trl & Trailer Tandem Shell Boat W/Trl 1.33$
Inernational UBIT 62 Foot 72.94$
223.02$ 168.82$
20.81$ 446.04$ 337.64$
253.23$ 334.53$
Type of Inspection
Fiscal Year 2021 Federal Indirect Cost Rate of 12.98% will be added to Invoices
Notes:
Actual Labor Rates will be charged
Hourly Rates Do Not Include Traffic Control
141.58$ 184.98$ 77.14$
225.99$ 296.49$ 77.14$
4.20$ 155.20$ 204.00$
10.93$
20.81$
Exhibit A
Exhibit "B" Cost Rates
Bridge Inspection Estimated Hourly Rate
County Seasonal
Lodging Rates
Total Daily Rate Meals &
Lodging Without Tax
Adams County 155.00$
Asotin County 155.00$
Benton County 174.00$
Chelan County 155.00$
7/1 - 8/31 235.00$
9/1 - 6/30 178.00$
6/1 - 10/31 256.00$
11/1 - 5/31 226.00$
Columbia County 155.00$
6/1 - 10/31 256.00$
11/1 - 5/31 226.00$
Douglas County 155.00$
Ferry County 155.00$
Franklin County 174.00$
Garfield County 155.00$
Grant County 155.00$
Grays Harbor County 7/1 - 8/31 211.00$
Grays Harbor County 9/1 - 6/30 185.00$
Island County 155.00$
7/1 - 8/31 235.00$
9/1 - 6/30 178.00$
5/1 - 10/31 311.00$
11/1 - 4/30 255.00$
Kitsap County 155.00$
Kittitas County 155.00$
Klickitat County 155.00$
Lewis County 155.00$
Lincoln County 155.00$
Mason County 155.00$
Okanogan County 155.00$
Pacific County 155.00$
Pend Oreille County 155.00$
Pierce County 195.00$
San Juan County 155.00$
Skagit County 155.00$
6/1 - 10/31 256.00$
11/1 - 5/31 226.00$
6/1 - 8/31 213.00$
9/1 - 5/31 190.00$
Spokane County 184.00$
Stevens County 155.00$
9/1 - 10/31 186.00$
11/1 - 8/31 207.00$
Wahkiakum County 155.00$
Walla Walla County 155.00$
Whatcom County 155.00$
Whitman County 155.00$
Yakima County 155.00$
Jefferson County
Cowlitz County
Clark County
Clallam County
Fiscal Year 2021 Federal Indirect Cost Rate of 12.98% will be
added to Invoices
Thurston County
Snohomish County
Skamania County
King County
Exhibit A