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Home My WebLink About5313 RESOLUTION NO. 5 3 1 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE AN INTERAGENCY AGREEMENT BETWEEN THE CITY OF AUBURN AND THE WASHINGTON STATE DEPARTMENT OF TRANSPORTATION RELATING TO A PROJECT ON AUBURN VVAY SOUTH FROM SR-18 TO 17TH STREET SE WHEREAS, The Washington State Department of Transportation (WSDOT) is responsible for pavement repair and maintenance on Auburn Way South (SR-164) from SR-18 to the City of Auburn (City) incorporated boundary; WHEREAS, WSDOT is proceeding with a pavement maintenance project on SR- 164 from SR-18 to 17th Street SE; and , WHEREAS, the City desires to make improvements to SR-164 at the intersection of 12th Street SE that fall outside of WSDOT's pavement repair and maintenance responsibilities; and WHEREAS, there is a mutual benefit to the City and WSDOT in having WSDOT perForm the City desired improvements during the construction of the SR-164 pavement maintenance project; and WHEREAS, the City is willing to compensate WSDOT for its costs to design and construct the improvements. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Resolution No.5313 August 10, 2017 Page 1 Section 1. The Mayor is hereby authorized to execute an Interagency Agreement with WSDOT for the purpose of WSDOT constructing the City improvements on SR-164 at the intersection with 12th Street SE, in substantial conformity with the agreement attached hereto, marked as Exhibit `'A" and incorporated herein by this reference. S.ection 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Sec.tion 3. That this Resolution shall take effect and be in full force upon passage and signatures hereon. S'� Dated and Signed this ��`' day of _ __ . , 2017. CITY OF AUBURN ANCY C US ATTEST: MAYOR �d��P �� Danielle E. Daskam, City Cle�k APPROVED AS TO FORM: .�� z aniel B. Heid, City Attorney Resolution No.5313 � August 10, 2017 � Page 2 Exhibit A Page 1 of 10 Local Agency Local Agency and Address P1rtICln atl�'1 � reemen# City of Auburn I" �g g 25 West Main Street Work by State = Actual Cost Auburn,wa ssoo� Agreement Number Section/Location GCB 2572 SR 164:SR 18 to 17'h St SE State Route Number Control Section Number Plans,Specifications and Cost Estimates (PS&E)for the Local Agency Work by LOCAL NOT applica6le SR 164 17ygp2 AGENCY? PS&E Due Date Ma 1,2017 Region Description of Work Northwest Region Advance Payment State to provlde planning,design and construction for Re uired ❑Yes ❑No i.n.tersection upgrades per Exhibit B, Description of Work. Advance Payment Amount 0 STATE LOCAL AGENCY State Agency Representatives Local Agency Represenlatiqes Washington State Department ofTransportation City of Auburn Name Name I Joh.n M.Chl,P.E: IngHd Gaub,P.E. I Title Title Project Engineer Assistant Director Engineeringl City Engineer Address Address � 15700 Dayton Ave.N,Seattle,WA 98133 25 West Matn Street,Au.burn,WA 98001 E-mail-Address E-mail Address chiiC�wsdot:wa.qov i�aub@auburnwa.�ov Phone Phone 206-440-4612 253-804-3113 This Agreement is made and entered into between the WASHINGTON STATE DEPARTME.NT OF _ TRANSPORTATION (STATE) and the above na.med governmental entity(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 for the LOCAL AGENCY as described above under Description of Work and/or further described in Exhibit B, (Work), and ', WH.EREAS,it is deemed to be in the public's best interest for the STATE to include the requested Work in the STATE's construction contract for the state route improvement, and WHEREAS, the LOCAL AGENCY is obligated for the cost of the Work described herein, NOW,THEREFORE, pursuant to RCW 47_28.140 and/or chapter 39.34 RCW and in consideration of the I terms, eonditions, and pertormanees contained herein,the recita.ls as sf.ated above, and the attached I Exhibits which are incorporated and made a part hereof, I IT IS MUTUALLY AGREED AS FOLLOWS: 1. PLANS,SPECIFICATIONS, AND COST ESTIMATES , 1.1 The STATE, on behalf of the LOCAL AGENCY, agrees to perform the Work, as further provided herein and pursuant to the attached exhibits. Exhibit A is the Cost Estimate and Exhibit B, if included as an attachment,further defines the Work to be constructed for the LOCAL AGENCY. The combination of the LOCAL AGENCY's Work and tfie STATE's improvements hereinafter constitute the Project. DOT Form 224-065 EF Page 1 of 7 Exhibit A Page 2 of 10 1.2 If indicated in the above heading,the LOCAL AGENCY shall provide the STATE with plans, specifications and cost estimates (PS&E)for the Work. 1.2.1 The PS&E shall be in accordance with the state of Washington Standard Specifications for Road, Bridge and Municipal Construction, and its amendments thereto (Standard Specifications), current at the tirne of Project advertisement, mutually acceptable design standards, or the LOCAL AGENCY's standards, if applicable and specified by the LOCAL. AGENCY. Backup calculations for quantities and breakdowns for lump sum items shall be included with the PS&E for the VNork. 1.2.2 If the PS&E for the Work,with backup calculations and breakdowns, is not delivered by the above PS&E due date, the STATE, at its sole discretion, may proceed without the LOCAL AGENCY Work included with the STATE's improvements.The LOCAL AGE.NCY agrees to reimburse all STATE costs incurred up to and as a result of the LOCAL AGENCY's failure to timely provide the PS&E.This Agreement shall terminate upon receipt of all reimbursement payments in accordance with Section 6. 1.3 The STATE will incorporate the LOCAL AGENCY's Work or Work PS&E into the STATE's PS&E for the STATE's improvements to produce a combined advertisement(Ad) ready PS&E for the Project. The STATE will document STATE-performed engineering design work required to incorporate the Work or Work PS&E into the STATE's PS&E (Design Documentation). The State shall provide up to two intermediate review sets of the PS&E and Design Documentation at mutually agreeable milestones. The STATE will provide the LOCAL AGENCY with one (1) reproducible copy of the stamped final Design Documentation prior to the proposed Ad date. 1.4 The STATE will provide the LOCAL AGE-NCY with one(1) reproducible copy of the Ad ready RS&E for the Project a minimum of thirty(30)working days prior to the proposed Ad date. The LOCAL AGENGY will have fifteen (15) working days to review the Ad ready PS&E for the Project, resolve any concerns, and provide the STATE with written approval,conditional approval, or rejection of tfie Ad ready PS&E for the Work portion of the Project; In the event the Work portion of the Ad ready PS&E is conditionally approved or rejected,the LOCAL AGENCY shall include the reasons for conditional approval or rejection. The LOCAL AGENCY may request an extension of time in writing, provided that the STATE receives the w�itten request not later than fifteen (15)work.i.ng days after the LOCAL AGENCY has rece.ived the Ad ready P$&E. The STATE shall provide a written response, indicating the number of working days extended, if any. 1.5 If the STATE does not receive the LOCAL AGENCY's written approval, conditional appro�al or rejeetion of the Work Portion of the Ad ready PS&E within fifteen (15)working days and any approved extension of time pursuant to Section 1.4, orif the STATE cannot accept the LOGAL AGENCY's condition(s)of approval, or if the LOCAL AGENCY has not acquired all right of way and permits required to construct, maintain, and operate the Work,the STATE may, at its sole discretion, delete the Work from the Project and advertise the STATE's improvements. Tfie LOCAL AGENCY agrees to reimburse the STATE for engineering cosfs and actual direct and related indirect costs incurred by the STATE associated with either the STATE or LOCAL AGENCY deleting the Work from the Project.This Agreement shall then terminate upon receipt of all reimbursement payments in accordance with Section 6. _ 2. BID, AWARD, A.N.D COST ADJUSTMENT3 2.1 The STATE will advertise the Project for bids. The STATE will be the LOCAL AGENCY's representative during the Ad and Project contract award period. When requested by the STATE, the LOCAL AGENCY shall timely assist the STATE in answe."ring bid questions and resol�ing any design issues that may arise that are associated with the Work. All comments and clarifications must go through the STATE. _ _ _ _ 2.2 If the LOCAL AGENCY is responsible for preparing the Work PS&E,the LOCAL AGENCY agrees to provide the STATE with any addenda required for the Work during the Ad period;to the Parties' mutual satisfaction. , 2.3 The STATE shall provide the LOCAL AGENCY with written notification of the bid price for the Work. The LOCAL AGENCY shall have five (5)working days from the date of written notification to DOT Form 224-065 EF Page 2 of 7 Exhibit A Page 3 of 10 ' provide the STATE written approval of the bid price for the Work, or request the Work be deleted I from the Project. The LOCAL AGENCY may request an extension of time in writing, provided that the STATE receives the written request not later than five (5) working days after the LOCAL AGENCY has received the written notification. The STATE shall provide a written response indicating the number of working days extended, if any. 2.4 The LOCAL AGENCY acknowledges that if it fails to provide the STATE with written approval of the bid price for the Work or request that the Work be deleted from the Project within five(5)working days and any approved extension of time pursuant to Section 2.3, the STATE shall delete the Work from the Project. In this event,the L-OCAL AGENCY agrees to reimburse the STATE for engineering costs and actual direct and related indirect costs incurred by the STATE associated with deleting the Work from the Project. The LOCAL AGENCY understands that deleting the Work from the Project may require an equitable adjustment to the Project contraet a.nd agrees to reimburse the STATE for costs assoc.iated with the equitable adjustment.This Agreement shall then terminate upon receipt of all reimbursement and equitable adjustment payments in accordance with Section 6. 2.5 If the LOCAL AGENCY approves the bid price for the Work and the STATE does not award or execute the Project contract, but thereafter re-advertises the Project for bids,the STATE agrees to pay all STATE costs to re-advertise the Project. The LOCAL AGENCY agrees that the STATE is not responsible for increased bid prices or delay to the Work or other impacts to the LOCAL AGENCY resulting from re-advertising the Project. 2.6 If the LOCAL AGENCY approves the bid price for the Work and the STATE does not award or execute the Project confract and does not re-advertise the Project for bids,this Agreement sha.11 terminate upon receipt of all reimbursement payments in accordance with Section 6. The LOCAL AGENCY agrees that the STATE is not responsible for potential increased costs for the Work, delay to the Work or other impacts to the LOCAL AGENCY resulting from not awarding the Project. 3. CONSTRUCTION 3.1 The STATE will be the LOGAL AGENCY's representative during construction and will act as owner in the administration of the contract for the WorR. The STATE will designate a STATE Project Engineer to provide all services and.tool.s, inclu.ding but not limited to construction adm.inistration, inspection, materials testing, and representation, necessary to administer and manage the contract to ensure thaf the Work is constructed in accordance with the contract. 3:2 The LOCAL AGENCY may consult with and inquire of#he STATE Project Engineer, attend all meetings, and have access to all documentation concerning the Work. The LOCAL AGENCY sball not provide direction, directly or indirectly,to the STATE's contractor.All formal contacts between the LOCAL AGENCY and the contractor shall be through the STATE's representative. 3.3 When it becomes known that quantities for a unit bid item will exceed plan quantity forthe Work by ten (10) percent or result in a cost increase for the Work exceeding the total amount by the percentage listed under Section 6.6, the STATE shall consult with the LOCAL AGENCY on possible courses of action within three (3) working days in accordance with Section 4. 3.4 The LOCQL AGENCY may inspect the VNork. Any costs for such inspection shall be borne solely by the LOCAL AGENCY. All contact between said inspector and the contractor shall be only through the STATE's inspector or the STATE's representative. 3.5 The STATE will prepare the final construction documentation in general conformance with the STATE's Construction Manual. The STATE will maintain one set of plans as the official "as-builY' set,then make notations in red ink of all plan revisions typically recorded per standard STATE practiees, as d.i.reeted by the STATE's Construction Manu.al. Once the LOCAL AGENCY has accepted the Work per Section 5,the STATE will provide one reproducible set of as-built plans to the LOCAL AGENCY within ninetv(90) calendar days. 4. CONTRACT CHANGES 4.1 Changes to the Projeet contract will be documented by change order in aceordance with the Standard Specifications. The STATE shall process change orders for all changes affecting the DOT Form 224-065 EF Page 3 of 7 Exhibit A Page 4 of 10 Work in the manner set forth in subsection 1-2.4C (3), Approval of Changes/Checklist, STATE Construction Manual, current edition. 4.2 Required changes involve such changes in quantities or alterations to the Work as are necessary to satisfactorily complete the Project. All other changes affecting the Work shall be considered elective changes. 4.3 The LOCAL AGENCY authorizes the STATE to initiate all required changes affecting the Work a.nd to negotiate,docu.ment and execute,the associated change orders. The LOCAL AGENCYagrees to pay for the increases in cost, if any,for the required changes affecting the Work in accordance with Section 6. 4.4 The STATE will advise the LOCAL AGENCY of any proposed required changes affecting the Work as soon as possible and provide it with an opportunity, if time permits,to review the change before implementation. The STATE will determine the length of the review time based upon the need to exped.ite the change to avoid delay fo the contractor. 4.5 The LOCAL AGENCY may request additions to the Work through the STATE in writing. The STATE will implement the requested changes as elective changes, provided that a change does not n.egatively impact the STATE's tr.a.nsportation system and complies with the Standard Specifications, Project permits, state and/or federal law, applicable rules and/or regulations, and/or STATE design policies, and does not unreasonably delay critically scheduled Project contract activities. 4.6 All elective changes to the Work shall be approved in writing by the LOGAL AGENCY before the STATE directs the contractor to implement the changes, even if an executed change order is not required by the Project contract. The LOCAL AGENCY agrees to pay for the increases in cost, if any, for such elective changes in accordance with Section 6. 4.7 The STATE will make available to the LOCAL AGENCY all change order documentation. related to the Work: 4.8 In the event it is determined that the LOCAL AGENCY does not have sufficient funds to complete __ the Wo�k,the STATE and the LOCAL AGENCY shall negotiate to determine the futu:�e of the Work. If it is determined that the Work cannot proceed, the Work shall be brought to a level that is safe for public use and the STATE will terminate the remainder of the Work from the Project contract. In the event the Work is terminated, Section 5 shall apply tor that portion of the Work completed up to the time of termination; The LOCAL AGENCY agrees to pay alt costs assosiated with termination; including contractor claims, in accordance with Section 6. 5. ACCEPTANCE 5.i Prior to Work acceptance,the STATE and LOCAL AGENCY will perform a joint final inspection. The LOCAL AGENCY agrees, upon satisfactory completion of the Work and receipt of a Notice of Physical Completion of the WorK, as determined by the STATE,to deliver a letter of acceptance to the STATE which shall include a release of the STATE from all future claims or demands of any nature resulting from the performance of the Work and STATE administration thereof, outside STATE right of way, subject to any contractor claims(Section 8)caused by the negligent acts or omissions of the STATE in administering the Work. 5.2 If a letter of acceptance is not received by the STATE within ninety(90)days following delivery of a Nofice of Physical Completion of the Work to the LOCAL AGENCY, the Work and STATE , administration thereof shall be considered accepted by the LOCAL AGENCY, and the STATE shall be released from all future claims and demands of any nature resulting from the performance of the Work and the STATE's administration thereof, outside STATE right of way, subject to any contractor claims (Seetion 8)caused by the negligent acts or oinissions of the STATE in ad.ministering the Work. 5.3 The LOCAL AGENCY may withhold its acceptance of the Work by submitting written notification to the STATE within sixt 60 calendar days following delivery of a Notice of Physical Completion of the Work. This notification shall include the reason(s)for withholding acceptance. DOT Form 224-065 EF Page 4 of 7 Exhibit A Page 5 of 10 6. PAYMENT 6.1 The LOCAL AGENCY, in consideration of the faithful performance of the VNork performed by the STATE and its contractor, agrees to reimburse the BTATE for the actual direct and related indirect costs of the Work, as estimated in Exhibit A. 6.2 If the Parties have a reciprocal overhead agreement in place effective as of the date of this Agreement,the STATE's overhead rate will not be charged. In this event,the STATE will only invoice for actual direct salary and direct non=salary costs for the STATE's contract adminisfration. 6.3 The STATE shall provide detailed invoices to the LOCAL AGENCY for the Work performed by the STATE and its contractor or for costs incurred as provided in Sections 1.2.2, 1.5,2.4, 4.8 or 8.1.4, and the LOCAL AGENCY agrees to make payment within thirty(30)days from receipt of an invoice� A payrnent will not constifute agreernent as to the appropriateness of any item. At the time of the final invoice,the Parties will resolve any discrepancies. 6.4 The LOCAL AGENCY agrees th.at if it does not make payment within ninety(90)days after receipt of an invoice,the STATE may deduct and expend any monies to which the LOCAL AGENCY is entitled to receive from the Motor Vehicle Fund. 6.5 AdVance Pavment:: If an advance payment is required,the LOCAL AGENCY agrees to pay the - -. STATE the°Advance Payment Amount,"shown above, within twenty(20)days after receipt of Project contract award notification. The advance payment represents approximately fifteen percent (15%) of the cost estimate and covers costs incurred by fhe STATE in the initial stages of fhe VUork. The advance payment will be carried throughout the life of the LOCAL AGENCY's cost obligations! with final adjustment made in the final invoice. 6.6 Increase in Cost: In the event unforeseen conditions require an increase in the cost of the Work above the cost estirnate (including sales taxj engineeri.ng, and contingencies) by more#han ten 10% percent,the Parties agree to modify this Agreement by executing a written amendment to address the increase pursuant to Section 10.1, or implement Section 4.8. 7. RIGHT OF ENTRY 7:1 The LOCAL AGENCY hereby grants to the STATE and its authorized agents, contractors, subcontractors, and employees, a right of entry upon all tand in which the LOCAL AGENCY has an interest for the purpose of constructirig the Project. 7.2 Where applicable,tFie LOCAL AGENCY hereby grants to the STATE and its authorized agents, contractors, subcontractors, and employees, a right of entry upon all land in which the LOCAL AGENCY has an interest for the STATE#o construct, operate, maintain and/or reconstruct signal loop detectocs and appurtenances for signals belonging to the STATE, if any, that are constructecf within the LOCAL AGENGY's right of way.The terms of this Section 72 shall survive the termination of this Ag"reement. 8. CLAIMS 8.1 Claims for Additional Payment 8.1.1 In the event the contractor makes claims for additional payment associated with the Work,the STATE w'ill immediately notify the LOCAL AGENCY of such claims. Such claims shall be made in the manner and form as provided for in the Standard Specifications. 8.1.2 The LOCAL AGENCY shall not be obligated to pay such claims or their cost of defense to the extent that the claims are caused by the negligent acts or omissions of the STATE in administering the Work. 8.1.3 The LOCAL AGENCY shall have the right to review and comment on any settlement for claims associated with the Work. Mowever,the STATE shall have the ultimate right to settle such claims. In the event the LOCAL AGENCY does not agree with the claim settlement as negotiated by the STATE;the LOCAL AGENCY shall reserve the right to not financially participate in the negofiafed claim settlement. If agreement cannot be DOT Form 224-065 EF Page 5 of 7 Exhibit A Page 6 of 10 reached between the LOCAL AGENCY and the STATE on a claim settlement,the Parties agree to follow the dispute resolution procedure in Section 10.7. 8.1.4 If the STATE agrees,the LQCAL AGENCY may defend contractor claims associated with the Work at its own cost, and in doing so, the LOCAL AGENCY agrees to pay any resulting settlement,court judgment or arbitration award. The STATE will cooperate with the LOCAL AGENCY in the LOCAL AGENCY's defense of the claims. The LOCAL AGENCY agrees to reimburse any STATE costs, including attorney's fees, incurred in providing such assistance in accordance with Section 6. 8.2 Claims for Damages: After Work acceptance, in the event of claims for damages or loss attributable to bodily injury, sickness,death, or injury to or destruction of property that occurs within the limits of the Work located on the LOCAL AGENCY's right of way,the LOCAL AGENCY shall defend such claims and hold harmless the STATE therefrom, and the STATE shall not be obligated to pay any claim,judgment or cost of defense. Nothing in this Section, however, shall rernove from the STATE any responsibility defined by the current laws of the state of Washington or frorim any liab'ility for damages cau.sed by the STATE's own negligent acts or omissions independent of the Work performed pursuant to this Agreement. 9. OWNERSHIP,OPERATION, AND MAINTENANCE 9.1 Upon acceptance of the Work as provided in Section 5,the LOCAL AGENCY shall be the sole � owner of'that portion of the Work locafed within the LOCAL AGENCY's right of way, and the, LOCAL AGENCY shall be solely responsible for ownership and all future operation and maintenance of the Work at its sole cost, without expense, cost,or lia6ility to the STATE. 9.2 STATE facilities constructed on LOCAL AGENCY right of way, if any, as identified in Section 7.2 , shall be owned by the STATE, and the STATE shall be responsible for the operation and maintenance ofi such facilities at the STATE's sole cost, until removed. The terms of th.is Section shall survive the termination of this Agreement. 10. GENERAL PROVISIONS 10,1 Amendment: This Agreement may be arnended or modified only by the mutual agreement of the Parties. $uch amendments or modifications shall not be binding unless they are in writing and signed by persons authorized to bind each of the Parties. 102 Termination; Neither the STATE nor the LOCAL AGENCY may terminate this Agreement without ihe written concurrence of the other Farty, except as otherwise provided under Sections 1.2.2, 1.5, 2.4, and 2.6. 10.2.1 If this Agreement is terminated prior to the fulfillment of the terms stated herein,the LOCAL AGENCY agrees to reimburse the STATE for the actual direct and related indirect expenses and costs it has incurred for the Work up to the date of termination, as well as the costs of non=ca.ncelable obligations. 10.2.2 Any termination of this Agreement shall not prejudice any rights or obligations accrued to the Parties prior to termination. 10.3 Independent contractor: The STATE shall be deemed an independent contractor for all purposes, and the employees of the STATE or any of its contractors, subcontractors, consultants, and the employees thereof, shall not in any manner be deemed to be employees of the LOCAL AGENCY. 10.4 Indemnification:The Parties shall protect, defend, indemnify, and hold harmless each other and their employees, authorized agents;and/or contractors,while acting within the scope of thei� employment as such,from any and all costs, claims,judgments, and/or awards of damages(both to persons and/or property), arising out of,or in any way resulting from,each Party's obligations to be performed pursuant to the provisions of this Agreement. The Parties shall not be required to inderrmnify,defend, or hold harmless the.other Party if the claim, suit, or action for injuries,deatfi,or damages (both to persons and/or property) is caused by the negligence of the other Party;provided that, if such claims,suits, or actions result from the concurrent negligence of(a)the STATE, its employees, authorized agents, or contractors and (b)the LOCAL AGENCY, its employees or authorized agents, or involves those actions covered by RCW 4.24.115,the indemnity proVisions DOT Form 224-065 EF Page 6 of 7 Exhibit A Page 7 of 10 provided herein shall be valid and enforceable onlyfo the extent of the negligence of each Party, its employees, authorized agents, and/or contractors. 10.5 Acceptance of Liabilitv:The LOCAL AGENCY agcees and accepts full liability for(1)the PS&E. provided for the Work to the STATE, if any;and (2)for any Work the LOCAL AGENCY has provided direction to the STATE to design and/or construct outside the STATE's right of way and/or STATE's jurisdiction that does not meet STATE standards. 10.6 Survivabilitv: Sections 10.4 and 10.5 shall surviye the termination of this Agreement. 10.7 Disputes: In the event that a dispute arises under this Agreement, it shall be resolved as follows: The STATE and the LOCAL AGENCY shall each appoint a member to a disputes board,these two members sha.11 select a third board member'not affiliafed with either Party. The three-member board shall conduct a dispute resolution hearing that shall be informal and unrecorded. An attempt at such dispute resolution in compliance with aforesaid process shall be a prerequisite to the filing of any litigation concerning the dispute.The Parties shall equally share in the cost of the third disputes board member; however, each Party shall be responsible for its own costs and fees,. 10.8 Venue: In the event that either Party deems it necessary to institute legal action or proceedings to , enforce any right or obligation under th'is Agreement,the Parties agree that any such action or 'I proceedings shall be brought in Thurston County Superior Court. Further,the Parties agree that I each will be solely responsible for payment of its own attorney's fees, witness fees, and costs. 10:9 Audits/Records: All Project records for the Work in support of all eosfs incurred shall be maintained by the STATE for a period of six (6) years. The LOCAL AGENCY shall have full access to and riglit to examine said records, during normal business hours and as often as it cieems necessary. Should the LOCAL AGENCY require copies of any records, it agrees to pay the costs thereof. The Parties agree that the Work performed fierein is subject to a.udit by either or both Parties and/or their designated representatives, and/or state of Washington and/or the federal government. 10.10 Term of Agreement: Unless otherwise provided herein,the term of this Agreement shall commence as of the date this Agreement is fully executed and shall continue until the Work is accepted by the LOCAL AGENCY pu�suant to Section 5, or as otherwise provided herein, and all obligations for payment have been met. 10.11 Working Davs: Working days for this Agreement are defined as Monday through Friday, excluding Washington State holidays per RCW 1.16.050. IN WITNESS WHEREOF�the Parties hereto have exeeuted this Agreement as of the Party's date signed last below. LOCAL AGENCY STATE OF WASHINGTON DEPARTMENT OF TRANSPORTATION By: By: Name: Nancv Backus Name:John White. P.E. Title: Northwest Region Title: Mayor Assistant Regional Administrator oate:. AUG 21 20�7 Date: DOT Form 224-065 EF Page 7 of 7 GCB 2572 Exhibit A Exhibit A Page 8 of 1.0 Rage 1 of 1 EXHIBIT A:61TY OF AUBURN(COA)AGREEMENT CONSTRUCTION AND PRELIMINARY ENGINEERING ESTIMATE Prepared by: Shawn Neil Wendt Date: 7/7/2017 � � � Std �terti � ' =� � i . � �item Unit Unit Cost ,Quantrty Cbst � Number,�. � �„,,�_; .��i � au�a �'�r�'�`��''�'-3�� ., ,"�PREPARATION�a(a`6..��%r};��,�1;"'��4�."lr�r�t�r��a�pdra��F'�i�gYA��t°��i�xr�,�' ��,?��iti�.iva�;�� Pi�'" ��"•�'.�n�w�iK ��: . . ,a_. , . r 0050 Removal of StNctures and Obstructions __LS $ 1.00 3,110 $ _3,110,00 - _ _ -- - _ GRADING _ 0310- Roddway fxctiv6tion Incl.Hau/ CY $ 260;00 20 $ 5,200.00 �i; � � .�€s�...-,.�.�m�i�;�°j„� SURFACING,��.��."`.,�yihiC��,��'��iE`Pr'�"�e,��R�4"��'w��.i'"��r:9"«��s��R�nct�ly140rd��N1R�'�g�._1..,-�v'��o-{+^'{" 5100 ~ Crusiied Su�acing Base Course Ton . $ 46_00 30 $ 1,380.00. _ _�� _ ___ _ . ' �q ..��?�..,��. � , ��ua ' x, � "` ,�a ��,_. A�L.. � 5767 HMA CI:1/2/n.PG.64-12 _ . Ton. $ 90.00 _.20 $ 1,800.00 _ _ _ _ _ 5830 Job IVlixCompliance Adjusfinent Est $ 1.00 60 $ 60.00 5835 Compoction Price Adjustment Est $ 1.00 40 $ 40.00 �;��. `.._;��+��!�+cr��►TR4��Ant�aon45rn��►��N�:�� .��. " ��°;�� 6403 ESC Lead Oay $ 165.00 3 $ 495.00 6471 inlet Protection Each $ 87.00_ _ 7__ $ 609.00 6470 StreetC/eaning - Hr $ 180.00 22 $ 3,960.00 6490 Erosion/WaterPollutionContro! Est $ 1.00 3,500 $ 3,500.00 ;. �.. .: ,�� a_ . ar�a �;. 5-q �- ..e-�r�.s -. '� ��:�. �' ..a.,�..;r��:_.� �,„:,�TRAFFIC° �'�'..«:r�.�m��.,$. ._.. „F'..-�_ M,sa�.�.� .�i�r<d � .::�_.a...,._� ., u_ _.._ 6700 Cement Cone.Traffic Curb and Gutter LF $ 40.00 99 $ 3;960.00 6701 Cement Conc._Troffic Curb LF $ 65,00 107 $ 6,955.00 6707 Cement Conc.Pedestrian Curb LF $ 80.00 5 $ 400.00 6807 PlasticLine LF $ 1:50 1,590 $ 2;385.00 6485 Profiled Plastic Wide Lane_Line LF _ _$ _ S_50 110 $ 605.00 - 6828 P/astic Wide Lone Line LF $ 3.30 890 $ 2,937.00 6833 Plostic Traffic Arrow Each $ 212.00 4 $ 848.00 6884 Rmsed Pavement.Marker Type 2 Hund_ $ 400_00 0.6 5 240.00 � 6895 Tempo�ary Pavement Marking-Short Duration lF $ 0:70 2,810 $ 1,967.00 6912 Traffic Signa/5ysiem 4 LS $ 1.00 50,000 $ 10,000.00 6956_ __Sequ_entialArrowSign � Hr $ 4.0.0 80 $ 320.00 6973 Other Temporary Traffic Cont[ol LS $ 1.00 3,850 $ 3,850.00 6992 Ofher Tra�c Control Labor Hr $ 69.00 288 $ 19,872.00 6974 Traffic Control5upervisor LS $ 1.00 4,680 $ 4,680.00 _ __ _ - _ _ 6869 PedestrianTrafficControl LS $ 1.00 2,000 S 2,000.00 NS ContractorProvided Uniformed Police O�cer LS $ 1.00 7,200 $ 7,200.00 _ -- - ;�:_�. _,4 � ��,�N��_*:OTHER ITEMS � ..:4�.... _ °' ;� '� ^;: � �+_r � s 7a38 Roadway 5urveying LS $ 1.00 1,000 + $ 1,000.00 NS ,4DA Feotures Suiveying LS S 1.00 800 $ 800.00 7055 EementConc.Sidewa/k SY $ 150.00 27 $ 4,OSO.W _ _ _ _ _ 7060 __Asph6_ItConc.Srdewalk SY $ 75.00 28 $ 2,100.00 7054 Detectable Waming,Surjace SF _ $ 55.00 . 60 $ 3,300.00 , __.. _,� _ . . _ - --- _F �..�._ "��...�,_._..__..._�_�,�...��....._�..,. �' �.�..._.L�,;:�� _.�:.�.:.:�• SubtotalforPercentages ConstructJon Subtofal�w p,� �� , x;� ��,,� .° ��L� r�, y` S:�99,623 00, Miscellaneous 6,�-10%�j � � $ 9,962.30 Subtota/i: S 109,585.30 0001 Mobilization �µ10% ''3 $ 10,960.00 Subtoto/2: � S 120,545.30 Sales Tax { 10�0%_; $ 12,054.53 Subtota/3: � $ 132,599.83 Construction Engineering � 15% >� $ 19,889.97 Contingencies � 10%_LL;7 S 13,359.98 Eonstruction Totai $ 165;749.29 Preliminary Engineering '•20%"`� $ 33,150.00 Total:Project Costs: $198,899J9 Exhibit A Page 9 of 10 . GCB 2572. Exh'ibit B,Seope of Work Page 1 of 2 Exhibit B SCOPE OF VIIORK SR 164/SR 18 to 17t'' St SE— Paving and ADA Compliance This p.roject will p�ovide the design, planning and construction for the intersection upgrades desired by the City of Auburn on SR 164 (Aubum Way S), T2'h Street SE and at the intersection of SR 164 (Auburn Way S}and 12t''Street SE. Work performed for the City of Aubum will include the design and plans to accomPlish fhe following consfruction worK: • SR 164 (Auburn Way S): o Removing and replacing existing curb and gutter. o Removing and �eplacing asphalt conc�ete sidewalk, o Temporary traffic control. o Contractor surveying. • 12'n Street SE: o Removing existing pavement markings. o Installing new pavement markings: o Temporary erosion and sediment control. o Temporary traffic control, o Contractor surveying. e SR 164(Auburn Way S)and 12t''Sfreet SE Intersection; o Removing and upgrading existing traffic islands. o Pedestrian curb ramp construction. o Roadway widening, including roadway excavation including h.aul, surfacing with base course and paving with HMA. o Removing existing pedestrian push buttons and upgrading with Aecessible Pedestrian Signals(APS)pedestrian push buttons. o Temporary erosion and sediment control. o Temporary traffic control. o Pedestrian traffic control. o Contractorsurveying. GCB 2572 Bxhibit'B,Vicinity Map !Exhibit A�Page 10 of 10 Page 2 of'2 - ,�. ,. . , , �, � ��i �� , . �a. �� r � �� aph �� - 'E��+i�a,�� Y ��.�- j �- ��: i MN �Sa �iv: ..�:°�-''`�",;+� . �*.M.b #�F Y��M : iu�. : . . -�. , '+ . .'ncr,y,r �"`^•fa . r x� ^`��Y-'�` � � - tl �}"" _ . < � °�tiz.v " Y :.. ; a-��- - rt '"",-�� .��M.�.. �� `�� - "� � �� ` - � � _ �� ,� , � � - t �t�'��;�� -� �. � _ � � � � �: � y � - - �, _ i � " 7�t`t � '�� '!�,� - c� :�, ' - - . _ �, _ $��t ��;a� rn _ - � ;� ;,/��{, � �� - �,` - �� `' � � _ �. . -_�� < 4l��`-�� : f � . �- @�. p`L C i� � � _i , _ �� g : _ � -�� p ��9 F �� f+� ;7i i��f! ;1 ..1 � - _� , . 1 - ' b+,�l�� .i� - y j x "� `� ; " �_ _ ,� F�{�,� -� � ' _ 't�fi p�*r- �i�jR - � � , } 4� ,' i; . 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'.�►��'�"��+��'��'�`� - �� • � �++�` � ��. ;si� RECEIVED r Local Agency Local Agency antl Adtl�ess CftyotAubum ��7 3 � Z�� Participating Agreement p5 West Maln Street Work by State - Actual Cost Auburn, WA 98001 C� Agreeme�iNumber S¢CIiOn/Locaiion CDP�V-FnO1nE5riqn ICBS GCB 2572 SR 164:SR 18 to 17'"St SE State Route Number Conirol Section Number Plans,SpecAicafions and Cost Esfimares (PSBE)lor the Local Agency Work by LOCAL NOT applieable SR 164 777gpp AGENCY? PSBE Due Da�e May 1,2017 Region DeSCription of Wo�k Northwest Region Advance Payment State to provide planning,design and construction for R wretl Y`: No Intersectlon upgrades per Ezhiblt B, Description of Work. Advance Paymenl Amount 0 STATE LOCALAGENCY Sta1e Agency�epresenlatives Local Agency HepresernaYves Washfngton State Department ol Transportatlon Clty of Auburn Name Name John M.Chi,P.E Ingrid Gaub, P.E. Tille Ti�le Project Engineer Assistent Director Engineering/City Engineer Adtlress Atltlress 15700 Daylon Ave. N,Seattle, WA 9B133 25 West Maln Strcet,Auburn,WA 98001 E-mail AOtlress E-meil Addreu chnC�wsdot wa uov iRau6@auburnwa.eov Phone Phone 206-440-4612 253-804-3113 This Agreement is made and entered into between the WASHINGTON STATE DEPARTMENT OF TRANSPORTATION (STATE) and the above named governmental entity (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 for Ihe LOCAL A6ENCY as described above under Description o1 Work and/or further described in Exhibit B, (Work), and WHEREAS, it is deemed to be in the public's best interest for the STATE to include the requested Work in ihe STATE's construction contract for the state route improvement, and WHEREAS, ihe LOCAL AGENCY is obligated for the cost ol ihe Work described herein, NOW, THEREFORE, pursuant to RCW 47.28.140 and/or chapter 39.3a RCW and in consideration of the terms, conditions, and perlormances contained herein, the recitals as stated above, and the attached Exhibits which are incorporated and made a part hereof, IT IS MUTUALLY AGREED AS FOLLOWS: 1. PLANS, SPECIFICATIONS, AND COST ESTIMATES 7.1 The STATE. on behalf of the LOCAL AGENCY, agrees to perform the Work, as further provided � herein and pursuant to lhe attached exhibits. Exhibit A is the Cost Estimate and Exhibit 8, if included as an attachment, further defines the Work to be construcled for the LOCAL AGENCY.O The combination of the LOCAL AGENCY's Work and the STATE's improvements hereinafter � constitute the Project. � DOT Form 224-065 EF Page 1 of 7 ' \� 12 If indicated ic the above head�ng, the LOCAL AGENCY shall provide lhe STATE with plans. specifications and cost estimates (PS&E) tor the Work. 12.7 The PS&E shall be in accordance with the state o(Washington Standard Specifications for Road, Bridge and Municipal Construction, and its amendments thereto (Standard Specifications), current at the time o1 Project advertisement, muivally acceptable design standards, or the LOCAL AGENCY's standards, if applicable and specified by the LOCAL AGENCY. Backup calculations for quantities and breakdowns lor lump sum items shall be included with the PSBE for the Work. 122 If the PS&E for the Work, with backup calculations ano breakdowns, is not delivered by the above PS&E due date, the STATE, at �ts sole discretion, may proceed without the IOCAL AGENCY Work included with the STATE's improvements. The LOCAL AGENCY agrees to reimburse all STATE costs incurred up to and as a result of the LOCAL AGENCY's failure to timely provide the PS&E. This Agreement shall terminate upon receipt of all reimbursement payments in accordance with Section 6. 1.3 The STATE will incorporate the LOCAL AGENCY's Work or Work PS&E into the STATE's PSBE for the STATE's improvements to produce a combined advertisement(Ad) ready PSBE for the Project. The STATE will documenl STATE-perlormed engineeriny design work required to incorporate the Work or Work PS&E into the STATE's PSBE (Design Documentation). The State shall provide up to two intermediate review sets of the PS&E and Design Documentation at mutually agreeable milestones. The STATE will provide the LOCAL AGENCY with one (1) reproducible copy of the stamped final Design Documentation prior to ihe proposed Ad date. 1.4 The STATE will provide the LOCAL AGENCY with one(1) reproducible copy o1 the Ad ready PS&E tor the Project a minimum of thirty(30) working days prior to the proposed Ad date. The LOCAL , AGENCY will have firieen (15) working days to review the Ad ready PSBE for the Project, resolve any concems, and provide the STATE with written approval, conditional approval, or rejection of the Ad ready PS&E for the Work portion of the Project. In the event the Work portion ot the Ad ready PS&E is conditionally approved or rejected, the LOCAL AGENCY shall include the reasons tor conditional approval or rejection. The LOCAL AGENCY may request an extension of time in writing, provided that the STATE receives the written request not later than tifteen (15) working days after the LOCAL AGENCY has received the Ad ready PSBE. The STATE shall provide a written response, indicating the number of working days extended, if any. 1.5 If the STATE does not receive the LOCAL AGENCY's written approval, conditional approval or rejection of !he Work portion of the Ad ready PS&E within tifteen (75) working days and any approved extension of time pursuant to Section 1.4, or if 1he STATE cannot accept the LOCAL AGENCY's condition(s) of approval, or if the LOCAL AGENCY has not acquired all rigM of way and permits required to construct, maintain, and operate the Work, the STATE may, at its sole discretion, delete the Work from the Project and advertise the STATE's improvements. The LOCAL AGENCY agrees to reimburse the STATE for engineering costs and actual dlrect and related indirect costs incurred by the STATE associated with either the STATE or LOCAL AGENCY deleting the Work from the Project. This Agreement shall then terminate upon receipt of all reimbursement payments in accordance witn Section 6. 2. BID, AWARD, AND COST ADJUSTMENTS 2.1 The STATE will advertise the Project for bids. The STATE will be the LOCAL AGENCY's representative during the Ad and Project contract award period. When requested by the STATE, the LOCAL AGENCY shall timely assist the STATE in answering bid questions and resolving any design issues that may arise that are associated with the Work. All comments and clarifications must go through the STATE. 2.2 If the LOCAL AGENCY is responsible for preparing Ihe Work PS&E, the LOCAL AGENCY agrees to provide the STATE with any addenda required for the Work during the Ad period, to the Parties' mutual satisfaction. 2.3 The STATE shall provide the LOCAL AGENCY wilh written notification of the bid price for ihe Work. The LOCAL AGENCY shall have tive (5) working days from the date o(written noti(ication to DOT Form 224-065 EF Page 2 of 7 provide the STATE written approval of the bid price(or the Work, or request the Work be deleted from the Project. The LOCAL AGENCY may request an extension o1 time in writing, provided that the STATE receives the written request not later lhan live (5) working days after the LOCAL AGENCY has received the written notification. The STATE shall provide a written response ind�cating the number of working days extended, if any. 2.4 The LOCAL AGENCY acknowledges that if it fails to provide the STATE with written approval of the bid price for the Work or request that the Work be deleted from the Project within five (5) working days and any approved extension of time pursuant to Section 2.3, the STATE shall delete the Work from the Project. In this event,the LOCAL AGENCY agrees to reimburse the STATE for engineering costs and actual direct and related indlrect costs incurred by the STATE associated wi[h deleting the Work from the Project. The LOCAI AGENCY understands that deleting the Work from the Project may require an equitable adjusiment to the Project contract and agrees to reimburse the STATE for costs associated with the equitable adjustment. This Agreement shall then terminate upon receipt of all reimbursement and equitable adjustment payments in accordance with Section 6. 2.5 If the LOCAL AGENCY approves the bid price for the Work and the STATE does not award or execute the Project contract, but thereafter re-advertises the Project 1or bids, the STATE agrees to pay atl STATE costs to re-advertise the Project. The LOCAL AGENCY agrees that the STATE is not responsible(or increased bid prices or delay to the Work or other impacts to the LOCAL AGENCY resulting from re-advertising the Project. 2.6 If the LOCAL AGENCY approves the bid price for the Work and the STATE does noi award or execute the Projecl contract and does not re-advertise the Project for bids, ihis Agreement shall terminate upon receipt of all reimbursement payments in accordance wiih Section 6. The LOCAI AGENCY agrees that the STATE is not responsible for potential increased costs for the Work, defay to the Work or other impacts to the LOCAL AGENCY resuRing from not awarding the Project. 3. CONSTRUCTION 3.1 The STATE will be the LOCAL AGENCY's representative during construction and will act as owner in the administralion of the contract for the Work. The STATE will designate a STATE Project Engineer to provide all services and tools, including but not limited to construction administration, inspection, materials testing, and representation, necessary to administer and manage the contract to ensure that the Work is constructed in accordance with the contract. 3.2 The LOCAL AGENCY may consult with and inquire of the STATE Project Engineer, attend all meetings, and have access to all documentation concerning the Work. The LOCAL AGENCY shali not provide direction, directly or indirectly, to the STATE's contractoc All formal wntacts between the LOCAL AGENCY and the contractor shall be through the STATE's representative. 3.3 When it becomes known that quantities for a unit bid item will exceed plan quantity(or the Work by ten (tO) percent or result in a cost increase for the Work exceeding the total amount by the percentage listed under Section 6.6, the STATE shatl consult with the LOCAL AGENCY on possible courses of action within three(3) working days in accordance with Section 4. 3.4 The LOCAL AGENCY may inspect the Work. Any costs for such inspection shall be borne solely by the LOCAL AGENCY. All contact between said inspector and the contractor shall be only through the STATE's inspector or the STATE's representative. 3.5 The STATE will prepare the final construction documentation in general contormance with the STATE's Consiruction Manual. The STATE will maintain one set of plans as the official "as-built" set, then make notations in red ink o(all plan revisions typically recorded per standard STATE practices, as directed by the STATE's Construction Manual. Once the LOCAL AGENCY has accepted the Work per Section 5, the STATE will provide one reproducible set oi as-built plans to the LOCAL AGENCY within ninetv(90) calendar days. 4. CONTRACT CHANGES 4.1 Changes to the Project contract will be documented by change order in accordance with the Standard Specifications. The STATE shall process change orders for all changes affecting the DOT form 224-065 EF Page 3 of 7 Work in the manner set torth ir subsecbon 1-2.4C (3). Approval ot Changes%ChecklisL STATE Cons�ruction Manual, current edition. a.2 Required changes involve such changes in quantilies or afterations to lhe Work as are necessary to satisfactorily complete the Project. All other changes affecting the Work shall be considered elective changes. 4.3 The LOCAL AGENCY authorizes the STATE to initiate all required changes affecting the Work and to negotiate, document and execute the associated change orders. The LOCAL AGENCY agrees to pay for the increases in cost, ii any, tor the required changes atfecting the Work in accordance with Section 6. 4.4 The STATE will advise the LOCAL AGENCY of any proposed required changes af(ecting ihe Work as soon as possible and provide it with an opportunity, if time permits, to review the change before implementation. The STATE will determine the lengih of the review time based upon the need to expedite the change to avoid delay to the contractor. 4.5 The LOCAL AGENCY may request additions to the Work through the STATE in writing. The STATE will implement the requested changes as elective changes, provided that a change does not negatively imp2ct the STATE's transportation system and complies with the S?andard Specifications, Project permits, state and/or federal law, applicable rules and/or regulations, and/or STATE design policies, and does not unreasonably delay critically scheduied Project contrect activities. 4.6 All elective changes to the Work shall be approved in writing by the LOCAL AGENCY before the STATE directs the contractor to implement the changes, even it an executed change order is not required by the Project contract. The LOCAL AGENCY agrees ro pay for the increases in cost, if any, for such elective changes in accordance with Section 6. 4.7 The STATE will make available to the LOCAL AGENCY all chan9e order documentation related to the Work. 4.8 In the event it is determined that the LOCAL AGENCY does not have sufticient funds io complete the Work, the STATE and ihe LOCAL AGENCY shall negotiate to determine the tuture of the Work. If it is determined that the Work cannot proceed, ihe Work shalt be brought to a level that is safe for pubiic use and the STATE will terminate the remainder of the Work from the Project coniract. ln the event the Work is terminated, Section 5 shall apply tor that portion of the Work completed up to the time of termination. The LOCAL AGENCY agrees to pay all costs associated with terminalion, including contractor claims, in accordance with Section 6. 5. ACCEPTANCE 5.1 Prior to Work acceptance,lhe STATE and LOCAL AGENCY will perform a joint final inspection. The LOCAL AGENCY agrees, upon satistactory completion of the Work and receipt of a Notice of Physical Completion of the Work, as determined by the STATE, to deliver a letter of acceptance to ihe STATE which shall include a release of the STATE from all future claims or demands oi any nature resulting from the performance of tne Work and STATE administration thereof, outside STATE right ot way, subject to any contractor claims (Section 8) caused by the negligent acts or omissions of the STATE in administering the Work. 5.2 Ii a letter of acceptance is not received by the S7ATE within ninety (90) days following delivery of a Notice of Physical Completion of the Work to the LOCAL AGENCY, the Work and STATE administration thereof shall be considered accepted by Ihe LOCAL AGENCY, and the STATE shall be released Irom all future claims and demands o1 any nature resulting from the performance of the Work and the STATE's administration thereof, outside STATE right of way, subject to any contractor claims (Section 8) caused by the negligent acis or omissions of lhe STATE in administering �he Work. 5.3 The LOCAL AGENCY may withhold its acceptance of the Work by submitting written notification to the STATE within sixt 60 calendar days following delivery of a Notice ot Physical Completion ol the Work. This no�ification shall include the reason(s) for withholding acceptance. DOT Form 224-065 EF Page 4 of 7 6. PAYMENT 6.1 The LOCAL AGENCY, in consideration of the taithful performance of the Work performed by the STATE and its conhactor, agrees to reimburse the STATE for the actual direct and related indirect costs of the Work, as estimated in Exhibit A. 6.2 If the Parties have a reciprocal overhead agreement in place etfective as of the date of this Agreement, the STATE's overhead rate will not be charged. In this event, the STATE will only invoice for actual direct salary and direct non-salary costs for the STATE's coniract administration. 6.3 The STATE shall provide detailed invoices to the LOCAL AGENCY for the Work performed by the STATE and its conirector or for costs incurred as provided in Sedions 1.2.2, 1.5, 2.4,-0.B or 8.1.4, and the LOCAL AGENCY agrees to make payment within thirty (30)days from receipt of an invoice. A payment will not constitute agreement as to the appropriateness of any item. A1 the time of ihe final invoice, the Parties will resolve any discrepancies. 6.4 The LOCAL AGENCY agrees that if it does not make payment within ninety(90) days after receipt oi an invoice, the STATE may deduct and expend any monies to which the LOCAL AGENCY is entitled to receive trom the Moror Vehicle Fund. 6.5 Advance Pavment: If an advance payment is required, the LOCAL AGENCY agrees to pay the STATE the"Advance Payment Amount,"shown above, within twenty (20) days a(ter receipt o� Project contract award notification. The advance payment represents approximately fifteen percent (75%)of the cost estimate and covers costs incurred by the STATE in the initial stages of the Work. The advance payment will be carried throughout the life of the LOCAL AGENCY's cost obligations, with (inal adjustment made in the final invoice. 6.6 Increase in Cost: In the event unforeseen conditions require an increase in the cost of the Work above the cost estimate (including sales tax, engineering, and contingencies)by more than�n 10°/a percent,the Parties agree to modify this Agreement by ezecuting a written amendment to address the increase pursuant to Section 10.1, or implement Section 4.8. 7. RIGHT OF ENTRY 7.1 The LOCAL AGENCY hereby grants to the STATE and its authorized agents, contractors, subcontractors, and employees, a right of eMry upon all land in which the LOCAL AGENCY has an interest for the purpose of constructing the Project. 7.2 Where applicable, the LOCAL AGENCY hereby granis to the STATE and its authorized agents, contractors, subcontractors, and employees, a right of entry upon all land in which the LOCAL AGENCY has an interest for the STATE to construct, operate, maintain and/or reconslruct signal loop detecrors and appurtenances for signals belonging to the STATE, if any, that are constructed within the LOCAL AGENCY's right ot way. The terms of ihis Section 7.2 shall survive the termination ot this Agreement. 8. CLAIMS 8.1 Claims for Additional Paymern 8.1.1 In the event the contractor makes claims tor additional payment associated with the Work, the STATE will immediately notify the LOCAL AGENCY of such claims. Such claims shall be made in Ihe manner and form as provided for in the Standard Specifications. 8.1.2 The LOCAL AGENCY shall not be obligated lo pay such claims or their cost of detense to the extent that the claims are caused by the negligent acts or omissions of the STATE in administering the Work. 8.1.3 The LOCAL AGENCY shall have the right to review and comment on any settlement for claims associated with the Work. However, the STATE shall have ihe ullimate right to settle such claims. In the event the LOCAL AGENCY does not agree with ihe claim serilement as negoliated by the STATE, the LOCAL AGENCY shall reserve the right to not financially participate in the negotiated claim settlement. If agreement cannot be DOT Form 224-065 EF Page 5 of 7 reached between the LOCAL AGENCY and the STATE on a claim settlement, the Parties agree to tollow the dispute resolution procedure in Section 10J. 8.1.4 If the STATE agrees, the LOCAL AGENCY may defend contractor claims associated with the Work ai its own cosl, and in doing so,ihe LOCAL AGENCY agrees to pay any resulting setllement, court judgmern or arbitration award. The STATE will cooperate with the LOCAL AGENCY in the LOCAL AGENCY's defense o(the claims. The IOCAL AGENCY agrees to reimburse any STATE costs, including attorney's fees, incurred in providing such assistance in accordance with Section 6. 8.2 Claims for Damaoes: After Work acceptance, in the event of claims for damages or loss attributable to bodily injury, sickness,death, or injury to or destruction of property that occurs within the limits of the Work located on the LOCAL AGENCY's right of way, the LOCAL AGENCY shall delend such claims and hold harmless the STATE therefrom, and the STATE shall not be obligated to pay any claim,judgment or cost of defense. Nothing in this Section, however, shall remove from the STATE any responsi6ility defined by the current laws of the state of Washington or trom any liability for damages caused by the STATE's own negligent acts or omissions independent of the Work performed pursuant to this Agreement. 9. OWNERSHIP, OPERATION, AND MAINTENANCE 9.1 Upon acceptance cf the Work as provided in Section 5, the LOCAL AGENCY shall be the sole owner oi that portion oi the Work located within the LOCAL AGENCY's right of way, and the LOCAL AGENCY shall be sotely responsible for ownership and all tulure operation and maintenance of the Work at its sole cost, without expense, cost,or liability to the STATE. 9.2 STATE (acilities constructed on LOCAL AGENCY right of way, it any, as identified in Section 7.2 shall be owned by the STATE, and the STATE shall be responsible for ihe operation and maintenance of such facilities at the STATE's sole cost, until removed. The terms o( this Section shall survive the termination of this Agreement. 10. GENERAL PROVISIONS 10.1 Amendment: This Agreement may be amended or modified only by Ihe mutual agreement of the Parties. Such amendments or modifications shall not be binding unless they are in writing and signed by persons authorized to bind each ot the Parties. 10.2 Termination: Neither the STATE nor the LOCAL AGENCY may terminate this Agreement without ihe written concurrence of the other Party, except as otherwise provided under Sections 1.2.2, 1.5, 2.4, and 2.6. 10.2.1 If this Agreement is terminated prior to the fulfillmeni of the terms stated herein, the LOCAL AGENCY agrees to reimburse the STATE for the actual direct and related indirect expenses and costs it has incurred tor the Work up to the date of termination, as well as the costs of non-cancelable obligations. 10.22 Any termination of this Agreement shall not prejudice any rights or obligations accrued to the Parties prior to termination. 10.3 Indeoendent contractor: The STATE shali be deemed an indepentlent coniractor tor ail ourposes, and the employees o(the STATE or any of its contractors, subcontractors, consultants, and the employees thereof, shall not in any manner be deemed to be employees ot the LOCAL AGENCY. 10.4 Indemnification: The Parties shall protect, defend, indemnify, and hold harmless each other and their employees,authorized agents, and/or contractors,while acting wi�hin the scope of their employment as such, from any and all costs, claims,judgments, and/or awards of damages (both to persons andror property), arising out of, or in any way resulting from, each Pany's obligations b be peAormed pursuant to ihe provisions of this Agreement. The Parties shall not be required to indemnify, defend, or hold harmless the other Party i( the claim, suil, or action for injuries, death, or damages (both to persons and/or property) is caused by the negligence of the other Party; provided that, if such ciaims, suits, or actions result from the concurrent negligence oi (a)the STATE, its employees, authorized agents, or contractors and (b) the LOCAL AGENCY, its employees or authorized agents, or involves those aclions covered by RCW 4.24.115, the indemnity provisions DOT Form 224-065 EF Page 6 of 7 provided herein shall be valid and enforceable only to the extent of the negligence of each Pany, its employees, authorized agents, and/or contractors. 10.5 Acceotance of Liabilitv: The LOCAL AGENCY agrees and accepls lull liability for (1) the PS&E provided for the Work to the STATE, ii any; and (2) for any Work the LOCAL AGENCY has provided direction to the STATE to design and/or construct outside the STATE's right of way and/or STATE's jurisdiction that does not meet STATE standards. 10.6 Survivabilitv: Sections 10.4 and 10.5 shall survive the termination of this Agreement. 10.7 Disputes: In the event that a dispute arises under this Agreement, it shall be resolved as follows: The STATE and the LOCAL AGENCY shall each appoint a member to a disputes board, these two members shall select a third board member not affiliated with either Party. The three-member board shall conduct a dispute resolution hearing that shall be informal and unrecorded. An attempt at such dispute resolution in compliance with aforesaid process shall be a prerequisite to Ihe filing of any litigation concerning the dispute. The Parties shall equally share in the cosl ot the third disputes board member; however, each Party shall be responsible for its own costs and fees. 10.8 Venue: In the event that either Party deems it necessary to institute legal action or proceedings to enforce any right or obligauon under this Agreement, the Parties agree ihat any such action or proceedings shall be brought in Thurston County Superior Court. Further, the Parties agree that each will be solely responsible (or payment of its own attorney's tees, witness tees, and costs. 10.9 Audits/Records: All Project records tor the Work in support of all costs incurred shall be mainlained by the STATE tor a period of six (6) years. The LOCAL AGENCY shall have full access to and right to examine said records,during normal business hours and as often as it deems necessary. Should the LOCAL AGENCY require copies o( any records, it agrees to pay the costs thereof. The Parties agree that the Work performed herein is subject to audit by either or both Parties and/or their designated representatives, and/or state of Washington and/or the federal govemment. 10.10 Term ol Aoreement Unless otherwise provided herein, the term of this Agreement shall commence as of the date this Agreement is fully executed and shall continue until the Work is accepted by the LOCAL AGENCY pursuant to Section 5, or as otherwise provided herein, and all obligations for payment have been met. 10.11 Workino Davs: Working days for this Agreement are defined as Monday through Friday,excluding Washington State holidays per RCW 1.16.050. IN W ITNESS W HEREOF, the Parties hereto have executed this Agreement as of the Party's date signed last below. LOCAL AGENCV STATE OF WASHINGTON DEPARTMENT OFTRANSPORTATION C---� av. ev `� - — �� —�, Name: N n ck � Name:John White. P.E. Title: NoAhwest Reaion 7itle: Mavor Assistant Reaional Admmis�ra�or AllG 2�4 2nn Da�e �I 1 y 1 �� Date�. . -- .. -. DOT Form 224-065 EF Page 7 of 7 GCB 2572 Exhibr� a Page 1 of I EXHIBIT A: CITY OF AUBURN(COAJ AGREEMEN7 CONSTRURION ANO PRELIMINARY ENGINEERING ESTIMATE Vreparcd by: Shawn Neil Wend� Date: 7/7/20D 5[d.Item Number �tem Unit Unit Cost Quantiry Cost PNEVARqTION 0050 Femovalo!5'�uemiescntlObcrruction� L< 5 1.D0 3,130 S 3.110.00 GRADING 0310 Rondwoy Exrovotinn Ind MnW C�' S 2EC.00 70 S 5.?DO 00 SURFAGNG 5100 CrusheC Suijoc�nq 6'cae Cowsr Ton 5 JG OU 30 5 1,380.00 .,.r3U'- .!�P. 5767 HM.4 p. ]/7�In,pG 64 12 Tan 5^� 90.00 20 $ 1,80�.D0 5830 lobMixComplionceAdjus[ment Est 5 1.00 60 5 60.00 5835 CompattionFrireAdjus(menf E5l $ 1.00 00 S 40.40 6403 ESCLeod �ay 5 Ifi5.00 3 5 a95.00 6071 InletProtection Each 5 87.00 7 5 609.00 6470 Sbeet Cleoning Hr 5 180.00 2: 5 3,9b0.00 6490 Erosion/WoterGo4uUonConvo! Est 5 1.00 3,500 5 3,SOODO TRAFFI[ S70p Cemer,t Conc Tm�r Clirb antl Gutter Lf $ 00.00 99 S 3,960.00 6701 CcmenlConc. Tro�cCurb lF S 65,00 107 5 6,955.00 6707 Cemenr Conc.vetlesVian Nr6 Li S 80.00 5 5 000.00 6807 Vlas[icLine lF $ I.50 1.590 5 2,38500 6485 Crof��ed Plostic witle Lone Line ti 5 5.50 110 S 605.00 6828 Plosti�Widc Lartc linc LF 5 3.30 890 5 2,937.00 6833 P/asticTraJJicArrow Each 5 211.00 a 5 SG8.00 6884 RoisedPovemen[MorkcrTyped Hund S 400.00 0.6 5 240.00 6895 Temporary Povement Morking�Short Durotion LF S OJO I,830 $ 1,9E7.00 6912 iroJJicSiqnol5ysrcma LS 5 1.00 10,000 $ 1�,000.00 6956 SequentiolArmwS%qn Mr S 6.00 80 $ 32D.D0 6973 OtherTempororyTrojj¢Contro/ LS S 1.00 3,850 5 3,850.00 6991 orne,r�aryicControlLobor Hr $ 69.00 288 $ 19,872.�0 6974 Tro�cCanvol5u0ervrsor LS S 1.00 9,680 5 a,680D� 6869 PetleStrionTroffic[ontrol LS S 1.00 2,000 S 2.ODOAO NS Contmaororovideaun�JarmedvoliceOjficer LS $ I.00 7,200 5 7,200A0 OTHER ITEMS 7038 Aoadwvy5mvcying LS S 1.00 1,000 S 1,000.00 NS ADA Feorores Surveying LS 5 1.00 B00 S 80�OD 7055 Cement Conc.SitlPwalk SY $ 150.00 27 5 6.050.00 7060 ASOhoI[CancSitlewo/k SY 5 7500 28 5 2,100.00 705G Oetefto6leWarning5urfote SF S 55.00 60 5 3.300.00 Subtotal�or Percentages lonseruction Subtotal S 99.6i3.00 Mrs<ellaneous 10% 5 9,96230 Subtotoll: S 109,585.30 0001 Mobilization 10% 5 10,960.00 Subtotal2: S 720,Sa5.3o Sales Tac 10.0% 5 11,054.53 Su6totol3: S 132,599.83 ConsVuctionEngineering 15% $ 19,86997 Contingencies 30% S 13,25998 COnStmctionTOta1 5 1bS,JG9 i4 Preliminary En6inecring 20% $ 33,150.�0 Total Project Costs: $198,B99J9 GCB 2572 Exhibit B, Scope of Work Page 1 of 2 Exhibit B SCOPE OF WORK SR 164 / SR 18 to 17t" St SE — Paving and ADA Compliance This project will provide the design, planning and construction for the intersection upgrades desired by the City of Auburn on SR 164 (Aubum Way S), 12'"Street SE and at the intersection of SR 164(Auburn Way S)and 12'"Street SE. Work performed for the City of Auburn will include the design and plans to accomplish the following construction work: • SR 164 (Auburn Way S): . Removing and replacing existing curb and gutter. Removing and replacing asphalt concrete sidewalk. o Temporary traffic control. o Cont2ctor surveying. • 12�"Street SE: o Removing existing pavement markings. c Installing new pavement markings. o Temporary erosion and sediment control. o Temporarytrafficcontrol. o Contractor surveying. • SR 164 (Aubum Way S)and 12'"Street SE Intersection: c Removing and upgrading existing traffic islands. o Pedestrian curb ramp construction. o Roadway widening, including roadway excavation including haul, surtacing with base course and paving with HMA. o Removing existing pedestrian push buttons and upgrading with Accessible Pedestrian Signals (APS) pedestrian push buttons. o Temporary erosion and sediment control. c Temporary traffic control. c Pedestrian traffic control. o Contractor surveying. 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