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WSDOT - Construction Agreement for Argent Road Widening (Phase 3) (#GCB 3755) (2)
��, Washington State WI/ Department of Transportation Project Review Reimbursable Agreement This AGREEMENT is entered into by and between the Washington State Department of Transportation, hereinafter 'WSDOT,' and the above named 'APPLICANT OR LOCAL AGENCY," hereinafter the 'ENTITY;' herein after referred to individually as the 'Party" and collectively as the "Parties." Recitals 1. The ENTITY has requested WSDOT to perform the above described work, and WSDOT is authorized and willing to perform the work 2. The ENTITY Is responsible for the costs associated with the work. NOW THEREFORE, pursuant to the terms, conditions and performances contained herein and/or attached hereto, and by this reference made a part of this Agreement, It Is Mutually Agreed to As Follows: 1. GENERAL 1.1 The WSDOT agrees to perform the above described work requested by the ENTITY, using state labor, equipment and materials. 1.2 To secure payment of the potential costs incurred In the review process, WSDOT requests that a Surety Amount in the form of Bond, Assignment of Escrow, Certificate of Deposit, Irrevocable Letter of Credit, Check or Money Order in the amount listed above accompany the endorsed original copy of this Agreement 1.3 All WSDOT reviews, and/or inspections provided by WSDOT are solely for the benefit of WSDOT and not for the ENTITY or any other third party. DOT Form 224-102 Revised 02/2022 Applicant or Local Agency Project Review Reimbursable City of Pasoo Agreement Agreement Number Billing Address JE -5951 525 N. 3rd Ave Pasco, WA 99301 SWV/Payee * 91X001254 Region Contact Email SCR worteys@pasco-wa.gov Contact Name Contact Phone Steve Worley (Wg) 543-5738 Estimated Costs Surety Amount This estimate is based on the best available Information to date and incudes wsDOTs Indirect Cost Rate $ $75,000 © Not Applicable SR MP Project Name F182 MP 6.72 to 7.91 1-182 — Road 100 Interchange Improvements - Design Review Detailed Description of Work by WSDOT 0 Project Review Attachments made a part of this agreement ❑ inspection Exhibit A Estimate of Costs Exhibit B Description of Work 0 Other Exhibit C Vicinity Map This AGREEMENT is entered into by and between the Washington State Department of Transportation, hereinafter 'WSDOT,' and the above named 'APPLICANT OR LOCAL AGENCY," hereinafter the 'ENTITY;' herein after referred to individually as the 'Party" and collectively as the "Parties." Recitals 1. The ENTITY has requested WSDOT to perform the above described work, and WSDOT is authorized and willing to perform the work 2. The ENTITY Is responsible for the costs associated with the work. NOW THEREFORE, pursuant to the terms, conditions and performances contained herein and/or attached hereto, and by this reference made a part of this Agreement, It Is Mutually Agreed to As Follows: 1. GENERAL 1.1 The WSDOT agrees to perform the above described work requested by the ENTITY, using state labor, equipment and materials. 1.2 To secure payment of the potential costs incurred In the review process, WSDOT requests that a Surety Amount in the form of Bond, Assignment of Escrow, Certificate of Deposit, Irrevocable Letter of Credit, Check or Money Order in the amount listed above accompany the endorsed original copy of this Agreement 1.3 All WSDOT reviews, and/or inspections provided by WSDOT are solely for the benefit of WSDOT and not for the ENTITY or any other third party. DOT Form 224-102 Revised 02/2022 2. PAYMENT 2.1 The ENTITY, in consideration of the faithful performance of the work by WSDOT, agrees to reimburse WSDOT for the actual direct and related indirect costs associated with the work, including WSDOT's current administrative indirect cost rate. 2.2 The ENTITY agrees to make payment for the work by WSDOT within thirty (30) calendar days from the date of a state invoice. 2.3 The ENTITY agrees that if it fails to make payment within thirty (30) calendar days of the invoice, the WSDOT may charge interest in accordance with RCW 43.17.240 and may elect to send the outstanding invoice(s) to a WSDOT contracted collection agency resulting in the assessment of additional fees and/or penalties. 2.4 Upon payment of all WSDOT invoices by ENTITY, WSDOT will release rights of remaining Surety Amount 3. INCREASE IN COST 3.1 The Parties agree that the estimated cost of the work may be exceeded by up to twenty-five (25) percent In the event costs exceed the estimated costs by more than twenty-five (25) percent the Parties agree to modify the estimated cost of work by written amendment, signed by both Parties. 4. ASSIGNMENT 4.1 This Agreement, and any claim arising under this Agreement, shall not be assignable or delegable by either Party, either in whole or in part. 6. INDEMNIFICATION 5.1 The ENTITY shall defend, protect and hold harmless WSDOT, its officers, officials, employees, and/or agents from and against all claims, suits or actions arising from the negligent acts or omissions of ENTITY, its officers, officials, employees, assigns, contractors, sub -contractors, tenants, sub -tenants, licensees, invitees and/or agents while performing under the terms of this Agreement. This defense and indemnity obligation shall not include such claims, actions, costs, damages, or expenses which may be caused by the sole negligence of WSDOT, its officers, officials, employees, contractors, sub -contractors and/or agents; provided, however, that if the claims, suits or actions are caused by or result from the concurrent negligence of (a) WSDOT, its officers, officials, agents, contractors, sub -contractors or employees and (b) the ENTITY, its officers, officials, employees, assigns, contractors, sub -contractors, tenants, sub -tenants, licensees, invitees and/or agents, 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 ENTITY or its officers, officials, employees, assigns, contractors, sub -contractors, tenants, sub -tenants, licensees, invitees and/or agents. ENTITY specifically assumes potential liability for the actions brought by ENTITY'S employees and solely for the purposes of this indemnification and defense, ENTITY specifically waives any immunity it may be afforded in connection with such claims under the State industrial Insurance law, Title 51 RCW. ENTITY recognizes that this waiver was the subject of mutual negotiations. This indemnification and waiver shall survive the termination of this Agreement. 6. AMENDMENT 6.1 This Agreement may be amended by the mutual agreement of the Parties. Such amendments shall not be binding unless they are in writing and signed by persons authorized to bind each of the Partes. 7. TERMINATION 7.1 Either Party may terminate this Agreement, with or without cause, by providing written notice to the other of such termination and specifying the effective date thereof at least thirty (30) calendar days before the effective date of such termination. The ENTITY will reimburse WSDOT for all charges up to the date of termination. 8. DISPUTES 8.1 The Parties shall work collaboratively to resolve disputes and issues arising out of, or related to this Agreement. Disagreements shall be resolved promptly and at the lowest level of hierarchy. DOT Form 224102 Revised 02/2022 8.2 In the event that a dispute arises under this Agreement which cannot be resolved by the parties as outlined in Section 8.1, the dispute will be settled in the following manner. Each Party will appoint a member to a dispute board. The members so appointed will jointly appoint a third member to the dispute board who is not employed by or affiliated in any way with either Party. The dispute board will evaluate the facts, contract terms, and applicable statutes and rules and make a determination of the dispute. The determination of the dispute board will be final and binding on the Parties. Any costs associated with appointing the third member will be equally shared between the Parties. Each Party shall be responsible for its own costs, including attorneys fees. 8.3 The Parties agree that any legal action to enforce any right or obligation under this Agreement may only be brought in Spokane County Superior Court. 9. TERM OF AGREEMENT 9.1 The term of the Agreement shall begin upon the date of execution and shall remain in effect until WSDOT has completed the above described work and the ENTITY has made full payment, whichever comes last, unless modified according to Section 6, `AMENDMENT," above. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date last signed by the PARTIES below. WASHINGTON STATE REQUESTING ENTITY DEPARTMENT OF TRANSPORTATION Date: 2022 09.26 By: - Printed: I���V Title: L iN M(Ih(lL' a Date: DOT Form 224-102 Revised 02/2022 Printed: Todd V Trepanier Title: South Central Region Administrator Date: 9/26/2022 EXHIBIT "A" - COST ESTIMATE CITY OF PASCO - WSDOT 1-162 -Road 100 Interchange Improvements - Review of Design Description of Work Item Activity Total Cost Region Design Office Acce"Might of Way Review S 4,000 Intersection Plan for Approval $ 1,000 Basis of Design Review 3 6,000 Design Documentation Package Review 3 6,000 Geotechnical Report Review 3 4,000 Environmental Document 6 Permit Review S 6,000 Hydraulics Report Review $ 4,000 Plena, Specfioetbns, and Estimate Review $ 6,000 Region Traft Office Plans Review (Roundabout, ITS, iliurrWnsW) 3 6,0D0 Region/HO Materials Review 8 Paving Report Recommendation 3 6,000 Region Utilities Office Agreement Origination d Management 3 4,000 Utilities Analysis 6 Review 3 4•000 Total S 60,000 Administrative OH @13.04% Agreement Totals $ 80,000 Per section 3.1 of the agreement, allowvNe increase in cost (251,6) A regiment Threshold Total $ 76,060 EXHIBIT A Page 1 of 1 EXHIBIT "B" - DESCRIPTION OF WORK City of Pasco 1-182 — Road 100 Interchange Improvements The Work proposed under this Agreement contemplates the improvements of the Interstate 182 — Road 100 Interchange. The 1-182/Road 100 Interchange Improvements project includes construction of a new multi -lane roundabout to replace the existing signal at the eastbound ramp terminal while also constructing a new eastbound loop exit ramp and new deceleration lane at the existing eastbound off -ramp. Agreement Tasks: Discipline Design Standard Conducting Work Submittal to WSDOT Access Report/Control WSDOT City/Consultant Approval Intersection Plan for Approval WSDOT RES City/Consultant Approval Basis of Design (BOD) WSDOT City/Consultant Approval Design Documentation Package WSDOT City/Consultant Approval Roundabout WSDOT City/Consultant Approval Geotechnical WSDOT City/Consultant Approval Environmental NEPA City/Consultant Approval Hydraulics WSDOT City/Consultant Approval Public Involvement City City/Consultant Concurrence Illumination/ITS WSDOT City/Consultant Approval Materials WSDOT City/Consultant Approval Plans, Specifications and Estimate Package WSDOT City/Consultant Approval at 30, 60, & 90% Record of Survey WSDOT City/Consultant Informational Topographical Survey WSDOT City/Consultant Informational Exhibit B Page 1 of 3 Project Contacts: The City of Pasco Point of Contact is: Steve Worley, P.E. Public Works Director 525 N. 3rd Avenue 2nd Floor Pasco, WA 99301 Phone (509) 543-5738 worleYs(@pasco-wa.gov The WSDOT Point of Contact is: Alex Sanguino, P.E. Construction Project Engineer 1655 Fowler St. Richland, WA 99352 Cell (509) 222-2403 SanguiACaDwsdot.wa.gov Exhibit B Page 2 of 3 I