2015-12-28-minutes-public-works-study-session

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5. ACCEPTANCE 5.1 Prior to Project acceptance, the STATE and the COUNTY will perform a joint final inspection. The COUNTY agrees, upon satisfactory completion of the Project constructed in accordance with the PS&E and receipt of a Notice of Physical Completion, as determined by the STATE, and the close out of the Project by the STATE in accordance with applicable STATE and Federal regulations, to deliver a letter of acceptance which shall include a release of the STATE from all future claims or demands of any nature resulting from the performance of the Project, subject to any contractor claims (Section 8) caused by the negligent acts or omissions of the STATE in administering the Project. 5.2 if a letter of acceptance is not received by the STATE within ninety (90) calendar days following delivery of a Notice of Physical Completion and close out of the Project to the COUNTY, the Project shall be considered accepted by the COUNTY, and the STATE shall be released from all future claims and demands of any nature resulting from the performance of the Project, subject to any contractor claims (Section 8) caused by the negligent acts or omissions of the STATE in administering the Project. 5.3 The COUNTY may withhold its acceptance of the Project by submitting written notification to the STATE within ninety (90) calendar days following delivery of a Notice of Physical Completion of the Project and close out of the Project. This notification shall include the reason(s) for withholding acceptance. The Parties shall then work together to resolve the outstanding issues identified in the COUNTY's written notification. 6. PAYMENT 6.1 The COUNTY, in consideration of the faithful performance of the Project performed by the STATE and its contractor(s), agrees to reimburse the STATE for the actual direct and related indirect costs of the Project, as estimated in Exhibit B- 6.2 The STATE shall provide detailed invoices to the COUNTY for (a) STATE costs incurred as identified in section 6. 1, (b) Project work performed by the STATE's contractor(s), and/or (c) for costs incurred as provided in Sections 1, 2, and 4. The COUNTY agrees to make payment within thirty (30) calendar days from receipt of an invoice. A payment will not constitute agreement as to the appropriateness of any item. At the time of the final invoice, the Parties will resolve any discrepancies. Payments shall be sent to: Invoices shall be sent to: Washington State Department of Kittitas County Public Works Department Transportation c/o Kathy Jurgens Attn: Cashier 411 N. Ruby Street, Suite 1 P.O. Box 47305 Ellensburg, WA 98926 Olympia, WA 98504-7305 Agreement GCB 2170 1-90 Exit 78 Park & Ride Lot Page 5 of 11