HomeMy WebLinkAboutSR 164 East Auburn Access Project - Muckleshoot Indian Tribe '� 03 � 10
INDIAN
MUCKLESHOOT INDIAN TRIBE S INDIAN •
• t, '+ 39015 172nd Avenue, SE—Auburn, Washington 98092 !q .
Phone: 253.939.331/ /Fax: 253.939.5311
Project No. /V/3 Zji
File No. ,r dd=5'
LETTER OF TRANSMITTAL Desk Copy
Cc: C%>- /--4c/ • c/;., '
Date March 4, 2019 c��y .r�.nfti,/b
To City of Auburn
25 West Main Street
Auburn, WA 98092
ATTN Jacob Sweeting_
Phone .253...8.04.5076_
Project Name SR 164 East Auburn Access Project
RE
.WE ARE SENDING YOU: - SENDING BY. .
❑ Copy of Contract ❑ U.S. Mail ❑ Pick up
❑ Copy of Change Order ❑ Fax ❑ FedEx
❑ Copy of Letter ❑ Courier
❑ Correspondence ❑ Hand Delivery
COPIES DATE DESCRIPTION
1 1 1 Executed Agreement between MIT and The City of Auburn
i I
I I
'THESE ARE TRANSMITTED AS CHECKED BELOW:
❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval
® For your file ❑ Approved as noted ❑ Submit copies for distribution
❑ As requested ❑ Make corrections & return ❑ Reply by
❑ For review& comment ❑ Sign & return
REMARKS:
Sent by Kim Sharp
Copy to _ELLE
AGREEMENT BETWEEN THE MUCKLESHOOT INDIAN TRIBE AND THE
CITY OF AUBURN
This Agreement is made and entered between the CITY OF AUBURN, (the
"City")and the MUCKLESHOOT INDIAN TRIBE OF WASHINGTON ("MIT")
(collectively,the "Parties" and individually, "Party").
RECITALS
1. The SR 164 East Auburn Access Project("Project")provides for improvements to
SR 164 capacity and level of service.
2. The State of Washington has committed$15 million to the Project through the
Connecting Washington program and the State has entered into an agreement with the
MIT to have the MIT perform the environmental documentation, practical solutions, and
preliminary engineering for the State with State funding.
3. The agreement between the MIT and the State specifies that the MIT will receive
support from the City in developing the Project, including the City's review and comment
on preliminary design concepts and environmental documents.
4. The City's participation and support in developing the Project is intended to
ensure the Project is consistent with the City's transportation policies and goals.
5. The City seeks reimbursement through this Agreement for its costs to participate
in and provide support to the Project.
AGREEMENT
In consideration of the mutual covenants, conditions, and promises, contained in
this Agreement,the parties agree as follows:
1. SCOPE OF SERVICES. The City agrees to(a) review Project documents related
to traffic and transportation analysis, preliminary cost and design information, and
environmental assessment supporting data; (b)participate in technical group meetings;
and (3)provide Project support("Work") consistent with the Agreement between the
State of Washington Department of Transportation ("WSDOT") and the MIT, attached as
Exhibit A.
2. COORDINATION. The Parties agree to coordinate in the development of a charter
governing the Project Steering Committee in consultation with WSDOT, King County,the
City of Enumclaw, and the MIT. The City and MIT also agree to coordinate and develop an
outreach and communications plan regarding the Project. The MIT will provide to the City
all materials to be released to the public including:open house materials,Council briefing
MIT & CITY AGREEMENT
SR 164 East Auburn Access Project
Page 1 of 5
materials,and web page materials for approval by the City prior to the public release of
materials.
3. COMPENSATION. The MIT agrees to reimburse the City for the actual direct
and related indirect costs, including related consultant costs incurred by the City, for the
Work. The City will provide detailed invoices to the MIT for the work performed by
CITY and its consultant(s)and the MIT agrees to make payment within thirty(30)
calendar days from receipt of an invoice. The MIT will reimburse the City for the costs
of the Work incurred by the City since the execution date(January 16, 2018)of Exhibit
A. The maximum reimbursement amount from the MIT to the City under this Agreement
is$100,000.00.
4. INDEMNIFICATION. The MIT shall defend, indemnify and hold the City, its
officers, officials, employees and volunteers harmless from any and all claims, injuries,
damages, losses or suits including attorney fees, arising out of or in connection with the
performance of this Agreement.
If a court of competent jurisdiction determines that this Agreement is subject to RCW
4.24.115,then, in the event of liability for damages arising out of bodily injury to persons
or damages to property caused by or resulting from the concurrent negligence of the MIT
and the City, its officers,officials, employees, and volunteers,the MIT's liability
hereunder shall be only to the extent of the MIT's negligence. It is further specifically
and expressly understood that the indemnification provided herein constitutes the MIT's
waiver of immunity under Industrial Insurance,Title 51 RCW,solely for the purposes of
this indemnification. This waiver has been mutually negotiated by the parties. The
provisions of this section shall survive the expiration or termination of this Agreement.
5. WAIVER OF SOVEREIGN IMMUNITY. The MIT expressly agrees to a limited
waiver of sovereign immunity. The waiver is limited to actions brought by the City for
breach, termination, enforcement of Agreement provisions, provided that any claim for
damages is limited to the compensation amount identified in Section 3. This limited
waiver is available solely to the claims by the City and not by any other entity, entities, or
any individual or third party not a Party to this Agreement. The MIT agrees not to invoke
sovereign immunity as a defense to claim upon its insurance policy up to the policy limits
in connection with the enforcement of the rights of the City.
6. VENUE. The MIT consent to the jurisdiction of the Washington State Superior
Court in the event that either Party deems it necessary to institute legal action or
proceedings to enforce any right or obligation under this Agreement. The Parties further
agree that venue for any such action or proceeding arising out of this Agreement will be
in the superior court situated in King County, Washington.
7. TERM OF AGREEMENT. The term of this Agreement will commence as of the
date this Agreement is fully executed and will continue until the Project is complete and
all obligations for payment have been met.
MIT & CITY AGREEMENT
SR 164 East Auburn Access Project
Page 2 of 5
8. TERMINATION. The Parties agree that if the Agreement between WSDOT and
the MIT related to the Project, Exhibit A,is terminated for any reason,this Agreement will
and all obligations will also immediately terminate. The MIT will be liable for the
performance rendered and any costs incurred by the City prior to termination of the
Agreement.
9. RECORDS RETENTION. During the term of this Agreement and for a period not
less than six(6)years from the date of final payment under the Agreement,the records and
accounts pertaining to the Work will be kept available for inspection and audit by the City
and copies of all records,account documents,or other data will be made available upon
request.
10. AGREEMENT BINDING. The terms and conditions of this Agreement will be
binding on and will inure to the benefit of the Parties and their respective successors and
assigns.
11. AUTHORITY. The MIT represents, warrants, and covenants that it has the
authority to enter into this Agreement, and that its execution and delivery have been duly
authorized. As part of this Agreement,the MIT will furnish a copy of the resolution of
the Tribal Council granting authority of the undersigned to execute this Agreement on
behalf of the MIT no later than five(5)business days following execution of this
Agreement.
MIT &CITY AGREEMENT
SR 164 East Auburn Access Project
Page 3 of 5
•
IN WITNESS TO THE TERMS OF THIS AGREEMENT, the Parties have executed this
Agreement:
MUCKLESHOOT INDIAN TRIBE CITY OF AUBURN
ae,/a
Vi ginia Cross, Chairperson ancy B is, Mayor
Muckleshoot Tribal Council
Date: 'l/Z l iCj Date: 3' 15' '
APPROVED AS TO FORM: APPROVED AS TO FORM:
NFp WA/
MIT A orney ►''St ven Gross, City Attorney
Date: Date: 30\i c:I
MIT & CITY AGREEMENT
SR 164 East Auburn Access Project
Page 4 of 5
EXHIBIT A
AGREEMENT BETWEEN WSDOT AND MUCKLESHOOT INDIAN TRIBE
FOR THE SR 164 EAST AUBURN ACCESS PROJECT,AUBURN,KING
COUNTY,WASHINGTON
MIT &CITY AGREEMENT
SR 164 East Auburn Access Project
Page 5 of 5
Agreement between WSDOT and Muckleshoot Indian Tribe for the SR 164 East Auburn
Access Project,Auburn, King County, Washington
This Agreement is made and entered between the STATE OF WASHINGTON DEPARTMENT OF
TRANSPORTATION, hereafter the "STATE" and the MUCKLESHOOT INDIAN TRIBE OF
WASHINGTON, hereinafter,the MUCKLESHOOT INDIAN TRIBE, collectively,the"Parties" and
individually, "Party."
WHEREAS,the MUCKLESHOOT INDIAN TRIBE,in cooperation with the STATE, City of Auburn,
and the Federal Highway Administration (FHWA), is proposing improvements to SR 164 and SR
18,and will perform certain work for the STATE as described herein (Work), and
WHEREAS,the SR 164 East Auburn Access Project(Project) provides for Improvements to SR
164 capacity and level of service, and
WHEREAS,the Project is located within the City of Auburn and partially within the Muckleshoot
Indian Reservation; and
WHEREAS,the Legislature provided initial funding towards planning, right of way, and
construction of this project,which may not meet all funding needs, and these requested funds •
will be applied on behalf of the MUCKLESHOOT INDIAN TRIBE; and
WHEREAS,the MUCKLESHOOT INDIAN TRIBE has initiated the project context setting and has
retained consultants of their choosing to conduct environmental documentation and
conceptual design processes to identify a preferred solution (see scope outline and PMP exhibit
A).Additional phases for final design, right-of-way and construction will be considered at a
future date; and
WHEREAS, the STATE is responsible for the cost and completion of the Work described herein
and agrees to transfer funding to the MUCKLESHOOT INDIAN TRIBE to continue managing this
project and to complete the project elements described herein,and
WHEREAS, the MUCKLESHOOT INDIAN TRIBE and the STATE wish to define each Party's
responsibilities for the Project, including participation in a Steering Committee, Project
Management Committee, M3 Technical Advisory Group and coordinated engagement with the
public,
NOW,THEREFORE, by the MUCKLESHOOT INDIAN TRIBE'S inherent authority and the STATE's
authority pursuant to RCW 39.34.030,the above recitals that are incorporated herein as if fully
set forth below, and the attached Exhibits A, B, C, and D that are included herein by this
reference, and in consideration of the provisions,terms, conditions,covenants, and
performances contained herein,or attached hereto and incorporated and made part hereof,
GCB 2896 Page 1
IT IS MUTUALLY AGREED AS FOLLOWS:
1. SCOPE: ENVIRONMENTAL DOCUMENTATION, PRACTICAL SOLUTIONS, &PRELIMINARY
ENGINEERING
1.1. The MUCKLESHOOT INDIAN TRIBE, on behalf of the STATE, agrees to conduct studies and
planning consistent with State (WSDOT), Federal (FHWA), and City of Auburn requirements
and guidance including adhering to the guidance and standards defined in Exhibit B.
1.2. The MUCKLESHOOT INDIAN TRIBE agrees to develop a signed charter with agency partners
including WSDOT,City of Auburn, King County,and City of Enumclaw and meet quarterly
with representatives of those agencies as a Steering Committee.
1.3. In addition to WSDOT, FHWA, and the City of Auburn,the MUCKLESHOOT INDIAN TRIBE
agrees to include partner agencies in the development and further environmental evaluation
of solutions including Puget Sound Regional Council, City of Enumclaw, and King County. This
will be conducted through on-going M3 (Multimodal, Multidiscipline and Multijurisdictional)
technical meetings. This includes following WSDOT's prescribed Practical Solutions process
leading to a basis of design and considering a wide range of low cost and multimodal
solutions.
1.4. The MUCKLESHOOT INDIAN TRIBE agrees to develop a basis of design, including a Practical
Solutions Assessment of the interchange ramp geometrics and associated
intersections/highway segments,needed to gain approval of the project from the STATE and
Federal Highway Administration (FHWA).The documentation shall be prepared in accordance
with the current WSDOT Design Manual, unless otherwise agreed to by the STATE.
1.5. The MUCKLESHOOT INDIAN TRIBE agrees to conduct the full environmental review and
regulatory approval process, including all required public and stakeholder involvement, in
coordination with the STATE and FHWA. Prior to initiating this process,the MUCKLESHOOT
INDIAN TRIBE will work with the STATE and FHWA to identify the appropriate level of
environmental review (e.g. environmental assessment or environmental impact statement),
as well as all necessary associated technical studies and reports.The environmental and
regulatory documentation shall be prepared in accordance with the current WSDOT
Environmental Manual,unless otherwise agreed to by the STATE.
1.6. The MUCKLESHOOT INDIAN TRIBE agrees to coordinate timely reviews, as agreed to by the
STATE, of meeting materials as well as key interim and final documentation for traffic and
transportation analysis, preliminary cost and design information and environmental
assessment supporting data as part of the M3 (Practical Solutions) process prior to decisions.
These documents will be reviewed by the MUCKLESHOOT INDIAN TRIBE,then by the STATE,
and then by the CITY OF AUBURN.
1.7. The MUCKLESHOOT INDIAN TRIBE agrees to conduct broad and open public outreach and
communications consistent with WSDOT guidance, and will coordinate outreach strategies
with WSDOT and City of Auburn. MUCKLESHOOT INDIAN TRIAL will develop an outreach
and communications plan that will include regular coordination with WSDOT and City of
Auburn. At a minimum,the MUCKLESHOOT INDIAN TRIBE will conduct public outreach
through public meetings and on-line open houses at three key milestones—scoping of the
GCB 2896 Page 2
•
project, initial review of alternatives and selection of a preferred solution. A draft
Communications Plan is provided in Exhibit D.
1.8. The MUCKLESHOOT INDIAN TRIBE agrees that all materials to be released to the public
(open house materials, Council briefing materials,web page materials, etc.) shall be
reviewed and approved by the STATE and City of Auburn prior to being released to the
public.The draft materials shall be submitted to the STATE and City of Auburn with
adequate time, as agreed to by the STATE,for review, comments,and addressing of
comments prior to release of the materials.
1.9. The MUCKLESHOOT INDIAN TRIBE agrees to following WSDOT environmental procedures
in the WSDOT Environmental Manual including coordination with environmental reviewers
at FHWA and WSDOT, establishing concurrences with regulatory agencies, and conducting
environmental evaluation of potential solutions.
1.10.The MUCKLESHOOT INDIAN TRIBE agrees to working collaboratively with stakeholders to
find a consensus (single)solution; however, more than one alternative may be carried
through detailed environmental review if required by NEPA.
1.11.The MUCKLESHOOT INDIAN TRIBE agrees to obtain approval of the selected project
alternative, including an Interchange Justification Report if needed,from the City of
Auburn,STATE, and Federal Highway Administration (FHWA) prior to development of
preliminary Plans,Specifications and Estimates(PS&E), permitting,and contracting.
2. AMENDMENTS
This Agreement may be amended . Amendments will be in writing, will include the estimated
scope and costs of the subsequent phase, and will be signed by Lead Representatives of all
Parties as noted in Section 7.9.
Additional phases of work that may be amended to this Agreement or added as a separate
agreement are anticipated to include but not be limited to:
• Environmental Permitting
• Design Documentation Package (Design File)
• Right of Way Acquisition
• Advancing design including plans, specification, and estimates for project delivery
• Contract document development for alternative project delivery
• Construction Management
3. PAYMENT
3.1. The STATE, in consideration of the faithful performance of the Work performed by the
MUCKLESHOOT INDIAN TRIBE and its consultant, agrees to reimburse the MUCKLESHOOT
INDIAN TRIBE for the actual direct and related indirect costs of the Work, as estimated in
Exhibit C, Cost Estimate.
GCB 2896 Page 3
3.2. The MUCKLESHOOT INDIAN TRIBE shall provide detailed invoices to the STATE for the Work
performed by the MUCKLESHOOT INDIAN TRIBE and its consultant and the STATE agrees to
make payment within thirty(30) calendar days from receipt of an invoice.A payment will not
constitute agreement as to the appropriateness of any item.At the time of the final invoice,
the Parties will resolve any discrepancies.
3.3. STATE FISCAL YEAR-END CLOSURE REQUIREMENTS: Any invoices for Work performed between
July 1 and June 30 of any given year must be submitted to the STATE no later than July 6th
(or the first business day after the July 4th holiday)of the same calendar year. If the
MUCKLESHOOT INDIAN TRIBE is unable to provide an invoice for such Work by this date,an
estimate of all remaining payable costs owed by the STATE for Work performed by the
MUCKLESHOOT INDIAN TRIBE prior to July 1must be submitted to the STATE no later than
July 19th of the same year in order for the STATE to accrue the amount necessary for
payment. The MUCKLESHOOT INDIAN TRIBE will thereafter submit any remaining invoices to
the STATE for such Work as soon as possible. Failure to comply with these requirements
may result in delayed payment. The STATE shall not be required to pay to the
MUCKLESHOOT INDIAN TRIBE late payment fees, interest, or incidental costs incurred by the
MUCKLESHOOT INDIAN TRIBE or any other costs related to a delayed payment if the Party
fails to comply with the invoice requirements of this Section.
3.4. PARTNER AGENCY REIMBURSEMENTS:The MUCKLESHOOT INDIAN TRIBE shall provide
reimbursements to agency partners from project funds for participation in technical group
(M3) meetings, providing data, and reviews.
3.5. INCREASE IN COST: In the event unforeseen conditions require an increase in the cost of the
Work above the cost estimate, the Parties agree to modify this Agreement by executing a
written amendment to address the increase pursuant to Section 7.1.
4. RIGHTS OF ENTRY
4.1. The STATE hereby grants to the MUCKLESHOOT INDIAN TRIBE and its authorized agents,
consultants, and employees a right of entry upon all land in which the STATE has an interest for
the purpose of designing the Work.
5. TERMINATION
5.1. Either Party may terminate this Agreement with sixty(60)calendar days written notice to the
other Party. If a Party elects to terminate the Agreement,the Parties shall be liable only for
performance rendered or costs incurred under the Agreement up to the effective date of
termination.
5.2. If this Agreement is terminated prior to the fulfillment of the terms stated herein,the STATE
agrees to reimburse the MUCKLESHOOT INDIAN TRIBE for the actual direct and related
GCB 2896 Page 4
indirect expenses and costs it has incurred for the Work up to the date of termination.
5.3. Any termination of this Agreement shall not prejudice any rights or obligations accrued to
the Parties prior to termination.
6. RECORDS RETENTION AND AUDITS
6.1. During the term of this Agreement and for a period not less than six(6)years from the date of
final payment by WSDOT,the records and accounts pertaining to,the work provided by the
MUCKLESHOOT INDIAN TRIBE and accounting therefore are to be kept available for inspection
and audit by Washington State and copies of all records, and accounts documents, or other
data pertaining to the work provided by the MUCKLESHOOT INDIAN TRIBE will be furnished
upon request. If any litigation,claim,or audit is commenced,the records and accounts along
with supporting documentation shall be retained until said litigation, claim, or audit continues
past the six (6)year retention period.
7. GENERAL PROVISIONS
7.1. Amendment:This Agreement may be amended or modified only by the agreement of the
Parties as noted in Section 2Such amendments or modifications shall not be binding unless
they are in writing and signed by persons authorized to bind each of the Parties.
7.2. Assignment: Neither Party to this Agreement shall transfer or assign any right or obligation
hereunder without the prior written consent of the other Party.
7.3. Dispute Resolution:The Parties shall make good faith efforts to quickly and collaboratively
resolve any dispute arising under or in connection with this Agreement.The dispute resolution
process outlined in this Section applies to disputes arising under or in connection with the
terms of this Agreement.
7.3.1. Informal Resolution:The informal resolution process begins at the staff level and will be
raised to higher organizational levels if necessary. In the event that the Parties are
unable to resolve the dispute,the Parties shall submit the matter to mediation
facilitated by a mutually agreed upon mediator.The Parties shall share equally in the
cost of the mediator, each Party agrees to compromise to the fullest extent possible in
resolving the dispute in order to avoid delays or additional incurred cost to the Project.
The Parties agree that they shall have no right to seek relief in a court of law until and
unless the Dispute Resolution process has been exhausted.
7.3.2. Severability: Should any part, term, or provision of this Agreement be determined to
be invalid, the remainder of this Agreement shall not be affected, and the same shall
continue in full force and effect.
7.4. Indemnification:
7.4.1. To the maximum extent authorized by law, each Party shall indemnify and hold
harmless the other Party and its employees and/or officers from and shall process and
GCB 2896 Page 5
defend at its own expense any and all claims,demands, suits at law or equity, actions,
penalties losses,damages (both to parties and/or property), or costs,of whatsoever kind
or nature,brought against the other Party arising out of, in connection'with, or incident to
the indemnifying Party's own negligent performance or failure to perform any aspect of
this Agreement; provided, however,that if such claims are caused by or result from the
concurrent negligence of the Parties,their employees and/or officers,or involves those
actions covered by RCW 4.24.115,this indemnity provision shall be valid and enforceable
only to the extent of the negligence of the indemnifying Parties,their employees and/or
officers.
7.4.2. The MUCKLESHOOT INDIAN TRIBE agrees that its obligations under this section extend
to any claim, demand and/or cause of action brought by,or on behalf of, any
MUCKLESHOOT INDIAN TRIBE employees or agents when they are within the Project
limits. For this purpose, the MUCKLESHOOT INDIAN TRIBE, by mutual negotiation, hereby
waives,with respect to the STATE only, any immunity that would otherwise be available
to it against such claims under the Industrial Insurance provisions of Chapter 51.12
RCW;provided that MUCKLESHOOT INDIAN TRIBE's waiver of immunity extends only to
action-over or indemnification claims brought by the STATE against the MUCKLESHOOT
INDIAN TRIBE, and does not include, or extend to any claims by an employee brought
directly against Muckleshoot as its employer.
7.4.3. The STATE agrees that its obligations under this section extend to any claim,demand
and/or cause of action brought by, or on behalf of, any STATE employees when they
are within the Project limits. For this purpose,the STATE, by mutual negotiation,
hereby waives, with respect to the MUCKLESHOOT INDIAN TRIBE only, any immunity
that would otherwise be available to it against such claims under the Industrial
Insurance provisions of Chapter 51.12 RCW;provided that the STATE's waiver of
immunity extends only to action-over or indemnification claims brought by
MUCKLESHOOT INDIAN TRIBE against the STATE, and does not include, or extend to any
claims by an employee brought directly against the STATE as its employer.
7.4.4. These indemnifications and waivers shall survive the termination of this Agreement.
7.5. Waiver of Sovereign Immunity and Venue
The MUCKLESHOOT INDIAN TRIBE expressly agrees to a limited waiver of sovereign immunity.
The waiver is limited to actions brought by WSDOT for breach, termination,
enforcement of Agreement provisions, including specifically contained above in Section
7.4 herein, interpretation,validity thereof, including the determination of the scope or
applicability of this Agreement.This limited waiver is available solely to the claims by WSDOT
and not by any other entity, entities, or any individual or third party not a Party to this
Agreement.The TRIBE agrees not to invoke sovereign immunity as a defense to claim upon its
insurance policy in connection with the enforcement of the rights of WSDOT.
The MUCKLESHOOT INDIAN TRIBE consents to the jurisdiction of the Washington State
GCB 2896
Page 6
Superior Court in the event that either Party deems it necessary to institute legal action or
proceedings to enforce any right or obligation under this Agreement if dispute resolution
pursuant to Section 7.3 fails. The Parties further agree that venue for any such action or
proceeding arising out of this Agreement shall be in the superior court situated in
Thurston County, Washington.
7.6. Nondiscrimination: The Parties agree to comply with applicable state,tribal, and federal
laws rules, and regulations pertaining to nondiscrimination and agrees to require the same
of all consultants providing services or performing any work using funds provided under this
Agreement.
7.7. 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 STATE pursuant to Section 1.0,or as otherwise provided herein, and all
obligations for payment have been met
7.8. Agreement Binding:The terms and conditions of this Agreement shall be binding on and shall
inure to the benefit of the Parties and their respective successors and assigns.
7.9. Authority to sign:The MUCKLESHOOT INDIAN TRIBE represents,warrants, and covenants that
it has the authority to enter into this Agreement, and that its execution and delivery have been
duly authorized.As part of this Agreement,the MUCKLESHOOT INDIAN TRIBE will furnish a
copy of the resolution of the Tribal Council granting authority of the undersigned to execute
this Agreement on behalf of the MUCKLESHOOT INDIAN TRIBE no later than five (5) business
days following execution of this Agreement.
The STATE represents, warrants and covenants that it has the authority to enter into this
Agreement,and that its execution and delivery have been duly authorized.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the Parties'date
signed last below.
Muckleshoot Indian Tribe Washington State Department of Transportation
Date: 41'7;i-W it,2.4 Date:--=-7\N • 7- 1
By: /L x-a
Virginia Cross, Chairperson . %o►J ci,•cvn-c_� rt �
Muckleshoot Indian Tribe
Approved as to form
Date: Odd., (9. ,i'DI \?
By: A(AN'f l/ 0
Assistant Attorney`Gen€ral
GCB 2896 Page 7
GCB 2896 Page 8
EXHIBIT A Outline Scope and PMP
See Separate File
EXHIBIT B—Required Guidance and Standards
AASHTO Policy on Geometric Design
TRB Highway Capacity Manual
Highway Safety Manual
AASHTO Highway Safety Manual
WSDOT Design Manual
WSDOT Environment Manual
WSDOT Guidance Document Information about WSDOT's Practical Design Procedures
WSDOT Communications Guidance
WSDOT Local Agency Guidance
City of Auburn Engineering Design &Construction Standards
EXHIBIT C—COST ESTIMATE FOR SCOPE
See Separate File
EXHIBIT D—Communications and Strategic Engagement Plan
See Separate File
GCB 2896 Page 9