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4 <br /> UTILITY CONSTRUCTION AGREEMENT <br /> UT 00953 <br /> SUPPLEMENT 1 <br /> WORK BY STATE ACTUAL COST <br /> This AGREEMENT, made and entered into this day of ,20 , <br /> between the STATE OF WASHINGTON, Department of Transportation, acting by and through the Secretary <br /> of Transportation, by virtue of Title 47 RCW, hereinafter called the"STATE,"and The City of Everett, 3200 <br /> Cedar Street, Everett WA 98201-4516, hereinafter called the"CITY." <br /> WHEREAS, the STATE has or is constructing or improving State Route 527, 132nd St SE to 112th St <br /> SE, Control Section 3148 from MP 8.82 to MP 10.45, and in connection therewith it was necessary to remove <br /> and/or relocate or construct certain CITY facilities, and <br /> WHEREAS, the STATE and the CITY entered into Construction Agreement UT 00953 to reimburse <br /> the STATE for the construction of a new sanitary sewer line at CITY cost and relocation of a waterline at <br /> STATE cost to be constructed by the STATE, and <br /> WHEREAS, the cost estimate did not include items for which the CITY was financially responsible <br /> when the original Agreement UT 00953 was entered into, and <br /> WHEREAS, the CITY is responsible for its costs for the construction of the new sanitary sewer line <br /> because it is a betterment to the CITY facilities, and <br /> WHEREAS, the STATE has opened and awarded the bid for the contract, which includes actual bid <br /> costs for the CITY sanitary sewer line, and <br /> WHEREAS, the costs to the CITY have exceeded the original estimated cost by more than 25%, and <br /> WHEREAS, under Section III EXTRA WORK of the Original Construction Agreement UT 00953 the <br /> STATE and the CITY must enter into a Supplement Agreement for the additional costs, and <br /> WHEREAS, it was determined to be in the best interest of all parties that the STATE include the <br /> construction of the CITY waterline and sanitary sewer line in its construction project, and <br /> WHEREAS, under the State Constitution the STATE is required to collect all costs from the CITY for <br /> work done on or for CITY facilities not on easement or CITY fee owned property, or which are a betterment to <br /> the CITY's facilities. <br /> NOW THEREFORE, in consideration of the terms, conditions, covenants, and performances <br /> contained herein, or attached and incorporated and made a part hereof, IT IS MUTUALLY AGREED AS <br /> FOLLOWS: <br /> GENERAL <br /> All terms and covenants of the original Construction AGREEMENT UT 00953 shall remain in full <br /> force and effect except as amended by this SUPPLEMENT AGREEMENT. <br /> All terms and covenants of Exhibit"A"Specifications and Special Considerations to the original <br /> Construction AGREEMENT UT 00953, shall remain in full force and effect. <br /> All terms and covenants of Exhibit"B" Estimate of Costs to the original Construction <br /> AGREEMENT UT 00953 shall remain in full force and effect except as amended by Exhibit"B-1" Exhibit <br /> of Costs to this SUPPLEMENT AGREEMENT. <br /> All terms and covenants of Exhibit"C,"Construction Plans, of the original Construction <br /> AGREEMENT UT 00953 shall remain in full force and effect. <br /> 9 <br /> S1-1 AGREEMENT UT 00953 <br /> SUPPLEMENT 1 <br />