2003/07/02 Council Agenda Packet

ViWashington State Department of Transportation Organization and Address Local Agency City of Everett Preliminary Engineering 2930 Wetmore Avenue Participating Agreement Everett, WA 98201 Work by State - Actual Cost Section/Location Agreement Number South Everett P&R/Flyer Stop- 112th Street SE Corridor Widening Project GCA 3610 Attachments made a part of this agreement State Route Number Control Section Number 005 312003 Exhibit"A" Estimate of Costs Region Surety Bond Exhibit"B" Description of Work Northwest Exhibit"C" Plan/Vicinity Map Advance Payment Amount 0 THIS AGREEMENT, made and entered into this day of , between the STATE OF WASHINGTON, Department of Transportation, acting by and through the Secretary of Transportation, (hereinafter the"STATE") and the above named organization, (hereinafter the"LOCAL AGENCY"). WHEREAS,the LOCAL AGENCY has requested that the STATE perform certain work as described herein, and/or is responsible for a portion of the work as provided for under WAC 468-18-040(5)(d), and WHEREAS,the LOCAL AGENCY is obligated for the cost of work described herein. NOW THEREFORE, by virtue of RCW 47.28.140 and 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: 1 II GENERAL PAYMENT The STATE, as agent acting for and on behalf of the LOCAL The LOCAL AGENCY, in consideration of the faithful AGENCY, agrees to perform the work as shown in Exhibit"B" performance of the work to be done by the STATE, agrees to Description of Work. reimburse the STATE for the actual direct and related indirect cost of the work as shown in Exhibit"A" Estimate of Cost. Plans, specifications and cost estimates shall be prepared by the STATE in accordance with the current State of Partial payments shall be made by the LOCAL AGENCY, upon Washington Standard Specifications for Road, Bridge, and request of the STATE,to cover costs incurred.These payments Municipal Construction, and amendments thereto, and are not to be more frequent than one (1) per month. It is agreed adopted design standards, unless otherwise noted. that any such partial payment will not constitute agreement as to the appropriateness of any item and that, at the time of the final The LOCAL AGENCY agrees, upon satisfactory completion of the audit, all required adjustments will be made and reflected in a work involved,to deliver a letter of acceptance to the STATE final payment. which shall include a release and waiver of all future claims or demands of any nature resulting from the performance of the The LOCAL AGENCY agrees to make payment for the work to work under this AGREEMENT. be done by the STATE within thirty (30)days from receipt of billing from the STATE. If a letter of acceptance is not received by the STATE within 90 days following completion of the work,the work will be The LOCAL AGENCY agrees that if payment for the work is considered accepted by the LOCAL AGENCY and shall not made within ninety (90) days after receipt of billing the release the STATE from all future claims and demands of any STATE may withold any tax monies which the LOCAL AGENCY nature resulting from the performance of the work under this is entitled to receive from the Motor Vehicle Fund until payment AGREEMENT. for the work is received by the STATE. If the LOCAL AGENCY is not entitled to receive Motor Vehicle Funds, a surety bond in The LOCAL AGENCY may withhold this acceptance of work by the amount shown above written by a surety company authorized submitting written notification to the STATE within the 90-day to do business in the state of Washington shall be furnished to period. This notification shall include the reasons for withholding the STATE prior to execution by the STATE of this agreement. the acceptance. The bond shall remain in force until written release by the STATE. 10 DOT Form 224-701 EF 10/00