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4 <br /> UTILITY CONSTRUCTION AGREEMENT <br /> UT-01100 <br /> WORK BY STATE <br /> ACTUAL COST <br /> ADVANCE PAYMENT AMOUNT: $73,308.65 <br /> This AGREEMENT is made and entered into this day of <br /> 20 , between the STATE OF WASHINGTON, Department of Transportation, hereinafter the"STATE," <br /> and the City of Everett, 3200 Cedar Street, Everett, WA 98201-4516, hereinafter the <br /> "UTILITY." <br /> WHEREAS, the STATE is planning the construction or improvement of State Route 5 Control <br /> Section 3120, South Everett Freeway Station, and in connection therewith, the City of Everett requested the <br /> STATE to remove, relocate and/or construct certain UTILITY facilities as set forth in the attached plans, <br /> and <br /> WHEREAS, the UTILITY is obligated to reimburse the STATE for all facility removal, relocation <br /> and/or construction costs, and <br /> WHEREAS, it is deemed to be in the best public interest for the STATE to include the necessary <br /> items of work for removing, relocating and/or constructing the UTILITY's facilities in the STATE's <br /> construction contract, <br /> NOW, THEREFORE, pursuant to chapter 39.34 RCW and in consideration of the terms, conditions, <br /> covenants, and performances contained herein, or attached and incorporated and made a part hereof. <br /> IT IS MUTUALLY AGREED AS FOLLOWS: <br /> 1. GENERAL <br /> 1.1 The STATE, on behalf of the UTILITY, agrees to do the work in removing, relocating and/or <br /> constructing the facilities, in accordance with and described in the Special Considerations, marked Exhibit <br /> A, attached hereto, and the bid set of plans and special provisions, incorporated as if attached, all by this <br /> reference are made part of this AGREEMENT. The Utility agrees to reimburse the STATE for the actual <br /> direct and related indirect costs associated with the removal, relocation and/or construction of the facilities. <br /> 1.2 Plans, specifications and cost estimates for the Utility facilities' removal, relocation and <br /> construction have been prepared by the STATE's design consultant in consultation with the Utility. The <br /> STATE will incorporate the plans and specifications into the STATE's project and thereafter advertise the <br /> resulting project for bid and, assuming bids are received and a contract is awarded, administer the contract. <br /> 1.3 The UTILITY has reviewed and hereby approves the plans and specifications for the described <br /> work and specifically agrees to comply with and be responsible for any and all UTILITY designated <br /> obligations and/or responsibilities addressed in said plans and specifications. <br /> 1.4 The UTILITY may, if it desires, furnish an inspector on the project for Utility facility work. Any <br /> costs for such inspection will be solely borne by the UTILITY. All contact between said inspector and the <br /> STATE's contractor shall be through the STATE's representatives. <br /> 1.5 The UTILITY agrees, upon satisfactory completion of the work involved, to deliver a letter of <br /> acceptance which shall include a release and waiver of all future claims or demands of any nature resulting <br /> from the performance of the work under this AGREEMENT. <br /> 1.6 If a letter of acceptance is not received by the STATE within 90 days following completion of <br /> the work, the work will be considered accepted by the UTILITY and shall release the STATE from all future <br /> claims and demands of any nature resulting from the performance of the work under this AGREEMENT. <br /> 12 <br /> PAGE-1 of 4 AGREEMENT UT 01100 <br />