2005/12/21 Council Agenda Packet

Washington State yiir Department of Transportation Organization and Address -- Local Agency City of Everett Participating 3200 Cedar Avenue Agreement Everett,WA 98201 Work by State-Actual Cost section/Location . Agreement Number - I-5 Everett-SR 526 to US 2 nOV Lanes GCA 4731 • - State Route Number Control Section Number - Description of Work 5 3100 Relocation of a 12"water line located on Pacific Ave. and within Region controlled access of 1-5 to allow new footings for proposed bridge Northwest Region construction_ Two locations are affected,one on the west side of Advance Payment Amount 1-5 and Pacific and one on the east side of 1-5 and Pacific Ave. 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 STATE is planning the construction or improvement of a section of the state route as shown above,and in connection therewith,the LOCAL AGENCY has requested that the STATE perform certain work as herein described,andlor is responsible for a portion of the work as provided for under WAC 468-18-040(5)(d),and WHEREAS,it is deemed to be in the best interest for the STATE to include the necessary items of work in the STATE's construction contract proposed for the improvement of this section of State Highway,and WHEREAS,the LOCAL AGENCY is obligated for the cost of work described herein. NOW THEREFORE,by virtue of RCW 4728.140 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 The LOCAL AGENCY agrees,upon satisfactory completion of the GENERAL work involved,to deliver a letter of acceptance to the STATE The STATE,as agent acting for and on behalf of the LOCAL which shall include a release and waiver of all future claims or AGENCY,agrees to perform the above'Description of Work". demands of any nature resulting from the performance of the work under this AGREEMENT. Plans,specifications and cost estimates shall be prepared by the If a letter of acceptance is not received by the STATE within STATE in accordance with the current State of Washington 90 days following completion of the work,the work will be Standard Specifications for Road,Bridge,and Municipal considered accepted by the LOCAL AGENCY and shall Construction,and amendments thereto,and adopted design •release the STATE from all future claims and demands of any standards,unless otherwise noted.The STATE will incorporate nature resulting from the performance of the work under this the plans and specifications into the STATE's project and AGREEMENT. thereafter advertise the resulting project for bid and,assuming bids are received and a contract is awarded,administer the _ contractThe LOCAL AGENCY may withhold this acceptance of work by submitting written notification to the STATE within the 90-day period-This notification shall Include the reasons for withholding The LOCAL AGENCY hereby approves the plans and the acceptance_ specifications for the described work as shown on Exhibit`B', attached hereto and by this reference made a part of this 11 AGREEMENT. PAYMENT The LOCAL AGENCY may,if It desires,furnish an Inspector on The LOCAL AGENCY,In consideration of the faithful performance the project.Any costs for such inspection will be borne solely by of the work to be done by the STATE,agrees to reimburse the the LOCAL AGENCY.All contact between said inspector and the STATE for the actual direct and related indirect cost of the work_ STATE's contractor shall be through the STATE's representative_ DOT Forth 224-065 EF Revised 2102