2006/03/22 Council Agenda Packet

• 411 111k. 6 F7- WashingtonState Department of Transportation Organization and Address Local Agency City of Everett Haul Road/Detour 3200 Cedar Street Agreement Everett, WA 98201 Agreement Number FWD 1-0338 Section/Location State Route Number Control Section Number WSDOT project: I-5, South Everett Freeway Station/ 112th St. SE 5 312003 -Direct Access and Park & Ride Region Description of Roads or Streets Urban Corridors Streets used: 112th Street SE and 7th Avenue SE Intended Use(Haul Road or Detour Road) Detour Vehicle Restrictions none 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 state highway as shown above, and WHEREAS, in the construction of the project it is planned to use,for the purpose noted above,those LOCAL AGENCY roads or streets described above and as further detailed in red on the attached Exhibit"A", and WHEREAS, it is anticipated that as a result of the use of these roads or streets, additional maintenance expense may be incurred by the LOCAL AGENCY. NOW THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: I IV The LOCAL AGENCY hereby agrees to the STATE's use of the Upon completion of use of the roads or streets covered by this roads or streets covered by this AGREEMENT subject to the AGREEMENT, a joint inspection shall be made by the parties to conditions contained herein. determine the condition of said roads or streets. All maintenance and/or repairs shall be based upon the conditions of these roads II or streets at the time of this completion inspection, taking into Immediately prior to the beginning of the STATE's use of the account the memorandum record made under Section II. above described roads or streets,the parties to this AGREEMENT shall make a joint condition inspection and the STATE shall prepare a memorandum record of the condition of V said roads or streets. The memorandum record shall include a It is expressly understood that the STATE shall be responsible statement of the extent and frequency of routine maintenance only for that extra maintenance and repairs of the LOCAL operations normally carried out by the LOCAL AGENCY on said AGENCY's roads or streets occasioned by the project use. In the roads or streets and may include photographs showing condition event of a dispute over the terms of this AGREEMENT and/or the of the existing roadway. extent of maintenance or repair work required to be performed, the dispute shall be submitted to the Secretary of Transportation III for determination. In determining this responsibility the Secretary shall give consideration to the memorandum record provided for The STATE agrees to reimburse the LOCAL AGENCY for the in Section II. The conclusions of the Secretary as to the extent cost of additional routine maintenance and repairs,operations in and amount of such maintenance shall be final and conclusive as excess of those enumerated in the record made under the to all parties to this AGREEMENT. provisions of Section II, made necessary by the STATE's project. The reimbursement for such additional routine maintenance and repairs shall be limited to the actual cost of such operations supported by proper records. Such costs are to be exclusive of VI all administrative and overhead costs and all charges for small The LOCAL AGENCY agrees not to restrict below legal limits the tools. size,weight, or speed of vehicles using the roads or streets covered by this AGREEMENT except as stated above under 15 Vehicle Restrictions. DOT Form 224-014 EF Revised 10/2001