Department of Transportation City of Edmonds Creative District AgreementNo.
CONTRACT ROUTING FORM
20220411
(City Clerk Use Only)
Originator: Frances Chapin/Doug Merriman Routed by: Frances Chapin
O I DepartmentlDivision: Economic Develop/Cultural Services Date: 3/31/22
a
p� Name of Cons ultant/Contractor: WSDOT
wCONTRACT TITLE:
0
City of Edmonds Creative District Agreement
Type of Contract: 0 (GR) Grants (�) (1) Intergovernmental Agreement 0 (L) Lease Agreement
11-- 0 (S) Purchase of Services (W) Public Works Q (0).Other
Z --
W
Z Project/Bid/RFP No:
u Effective Date: 04-11-2022
I—
S) Has the original contract boilerplate language been modified?
If yes, specify which sections have been modified:
p Description Signage for the Edmonds Creative District
V of Services:
Total Amount of Contract: 4094.30
Completion Date: 08-31-2022
0 Yes LJ No
U)
Budget #
Amount: Budget #
J
W
Budge► #
Amount:
Budget #
G
Q
Budget #
Amount: Budget #
v
Z
Are there sufficient funds in the current budget to cover this contract? Yes No
Z
LL
Remarks:
--
Authorization Level:
W
❑ 1. Project Manager ❑ 6. City Council Approval
a ❑ 2. Risk Management/Budget ❑ Date (if applicable)
! Z ❑ 3. City Attorney ❑ 7. Mayor
N❑ 4. consultant/Contractor ❑ 8. City Clerk
❑ 5. Other
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Amount:
Amount:
Amount:
WSDOT # GCB 3677
INTERAGENCY AGREEMENT
BETWEEN
CITY OF EDMONDS - CREATIVE DISTRICT
AND
WASHINGTON STATE DEPARTMENT OF TRANSPORTATION
This Agreement is between the Washington State Department of Transportation, hereinafter referred to as
"WSDOT", and the City of Edmonds - Creative District, and hereinafter referred to as "Art District" collectively
the "Parties" and individually the "Party."
WHEREAS, the Art District seeks to promote and improve communities with state -certified creative districts
within the state of Washington by installing signs along state highways, notifying the traveling public about these
creative districts per RCW 43.46, and
WHEREAS, the Art District requested WSDOT's assistance in manufacturing and installing the signs necessary
for notification purposes, and
WHEREAS, WSDOT has expressed its willingness to assist Art District and has the required materials,
equipment and expertise to perform the requested work,
NOW THEREFORE, pursuant to the above recitals that are incorporated as if included below, chapter 39.34
RCW, and in consideration of the terns, conditions, and performances contained herein, and attached Exhibits
which are incorporated and made a part hereof, IT IS MUTUALLY AGREED AS FOLLOWS:
1. GENERAL
It is the purpose of this Agreement to have WSDOT fabricate and install "Creative District" signs as specified in
Exhibit "A" on various state highways.
2. STATEMENT OF WORK
The Parties agree Exhibit A details the WORK performed under the terms of this Agreement. Art District may
assign work to WSDOT only as authorized by as agreed upon in the Exhibit which shall at minimum include sign
type, sign location, and cost estimate, including WSDOT indirect costs.
3. PERIOD OF PERFORMANCE
Subject to its other provisions, the period of performance of this Agreement shall commence upon the date of
execution and terminate on August 31, 2022.
4. PAYMENT
Art District, in consideration of the faithful performance of the work done by WSDOT, agrees to reimburse
WSDOT twenty-five (25) % of the actual direct and related indirect costs incurred for the fabrication and
installation of the signs. An invoice showing labor, equipment, and materials used and the costs for each will
support each payment request. These payments are not to be more than one (1) per month. It is agreed that any
partial payments will not constitute agreement as to the appropriateness of any item and that, at the time of final
payment, all required adjustments will be made. WSDOT shall submit a final billing to Art District within six
months or 120 calendar days following completion of the work involved.
Page 1 of 12
WSDOT # GCB 3677
5. DUPLICATION OF BILLED COSTS
WSDOT shall not bill Art District for services performed under this contract, and Art District shall not pay
WSDOT, if WSDOT is entitled to payment or has been or will be paid by any other source, including grants, for
that service.
6. FUNDING CONTINGENCY
In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the
effective date of this Agreement and prior to completion of the work in this Agreement, Art District may:
• Terminate this Agreement with thirty (30) days advance notice. If this Agreement is terminated, the
Parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this
Agreement prior to the effective date of termination.
• Renegotiate the terms of the Agreement under those new funding limitations and conditions.
• After a review of project expenditures and deliverable status, extend the end date of this Agreement and
postpone deliverables or portions of deliverables or,
• Pursue such other alternative as the Parties mutually agree to writing.
7. MAINTENANCE OF RECORDS
The Parties to this Agreement shall each maintain books, records, documents, and other evidence that sufficiently
and properly reflect all direct and indirect costs expended by either Party in the performance of the service(s)
described herein. These records shall be subject to inspection, review or audit by personnel of all Parties, other
personnel duly authorized by all Parties, the State Auditor's Office, and federal officials so authorized by law. All
books, records, documents, and other material relevant to this Agreement will be retained for six years after
expiration of the contract, and the State Auditor's Office, federal auditors, and any persons duly authorized by the
Parties shall have full access and the right to examine any of these materials during this period.
If any litigation, claim, or audit is started before the expiration of the six (6) year period, the records shall be
retained until all litigation, claims, or audit findings involving the records have been resolved.
Records and other documents, in any medium, furnished by one Party to this Agreement to the other Parties, will
remain the property of the furnishing Party, unless otherwise agreed. The receiving Parties will not disclose or
make available any confidential information to any third Parties without first giving notice to the furnishing Party
and giving it a reasonable opportunity to respond. Each Party will utilize reasonable security procedures and
protections to assure that records and documents provided by the other Party are not erroneously disclosed to third
Parties. However, the Parties acknowledge that State Agencies are subject to chapter 42.56 RCW, the Public
Records Act.
8. SITE SECURITY
While on Agency premises, each of the Parties, its agents, employees, or Subcontractors shall comply with the
Agency security policies and regulations.
9. INDEPENDENT CAPACITY
The employees or agents of each Party who are engaged in the performance of this Agreement shall continue to
be employees or agents of that Party and shall not be considered for any purpose to be employees or agents of the
other Parties.
10. AMENDMENT
This Agreement may be amended by mutual agreement of the Parties. Such amendments shall not be binding
unless they are in writing and signed by personnel authorized to bind each of the Parties.
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WSDOT # GCB 3677
11. TERMINATION FOR CONVENIENCE
Either Party may terminate this Agreement upon 30 calendar days' prior written notification to the other Party. If
this Agreement is so terminated, the Parties shall be liable only for performance rendered or costs incurred in
accordance with the teens of this Agreement prior to the effective date of termination.
12. TERMINATION FOR CAUSE
If for any cause any Party does not fulfill in a timely and proper manner its obligations under this Agreement, or if
any Party violates any of these terms and conditions, the aggrieved Party will give the other written notice of such
failure or violation. The responsible Party will be given the opportunity to correct the violation or failure within
15 working days. If the failure or violation is not corrected, this Agreement may be terminated immediately by
written notice of the aggrieved Party to the others.
13. HOLD HARMLESS
WSDOT and the Art District are part of the State of Washington and protected by the State's self-insurance
liability program as provided by RCW 4.92.130. All Parties agree to be responsible for their own negligence and
for that of their own officers, employees, and agents. No Party shall be responsible for the negligence of another
Party to this Agreement.
14. AGREEMENT ALTERATIONS AND AMENDMENTS
WSDOT and the Art District may mutually amend this Agreement. Such amendments shall not be binding unless
they are in writing and signed by personnel authorized to bind the Parties.
15. DISPUTES
Consistent with RCW 43.17.320 through .340, the Parties shall make every effort to resolve disputes arising out
of or relating to this Agreement through discussion and negotiation. In the event discussion and negotiation fail to
resolve a dispute arising under this Agreement, it shall be determined by a Dispute Board in the following
manner: Each Party to this Agreement shall appoint one member to the Dispute Board. The members so appointed
shall jointly appoint two additional members to the Dispute Board. The Dispute Board shall review the facts,
Agreement terms and applicable statutes and rules and make a determination of the dispute. The determination of
the Dispute Board shall be final and binding on the Parties hereto. All costs associated with the additional
members will be equally split between the Parties. As an alternative to this process, either of the Parties may
request intervention by the Governor, as provided by RCW 43.17.330, in which event the Governor's process will
control.
16. GOVERNING LAW AND VENUE
This Agreement shall be construed and interpreted in accordance with the laws of the state of Washington and the
venue of any action brought under this Agreement shall be in Superior Court for Thurston County.
17. ASSURANCES
The Parties agree that all activity pursuant to this Agreement shall be in accordance with all applicable federal,
state, and local laws, rules, and regulations, as they currently exist or as amended.
18. ASSIGNMENT
The work to be provided under this Agreement, and any claim arising under this Agreement, is not assignable or
delegable by either Party in whole or in part, without the express prior written consent of the other Parties, which
consent shall not be unreasonably withheld.
19. WAIVER
A failure by a Party to exercise its rights under this Agreement shall not preclude that Party from subsequent
exercise of such rights and shall not constitute a waiver of any other rights under this Agreement. Waiver of any
default or breach shall not be deemed to be a waiver of any subsequent default or breach. Any waiver shall not be
Page 3 of 12
WSDOT # GCB 3677
construed to be a modification of the terms of this Agreement unless stated to be such in writing and signed by
personnel authorized to bind each of the Parties.
20. SEVERABILITY
If any term or condition of this Agreement is held invalid, such invalidity shall not affect the validity of the other
terms or conditions of this Agreement.
21. ALL WRITINGS CONTAINED HEREIN
This Agreement contains all the terms and conditions agreed upon by the Parties. No other understandings, oral or
otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the Parties
hereto.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day, month, and year last written
below.
City of Edmonds - Creative District
4111 /2022
(Si
iature) (Date)
WASHINGTON STATE DEPARTMENT
OF TRANSPORTATION
L9� 4/18/2022
(Sign e) (Date)
Mike Nelson Mayor Dongho Chang, State Traffic Engineer
(Print Name)
(Title) (Print Name)
Page 4 of 12
(Title)
WSDOT # GCB 3677
EXHIBIT A — Edmonds Creative District Signs
I-5 Mainline — Milepost 179.32 Southbound
JW Images -OD5Dec 2021:SRMP179.33/ARM 17931 —W� - _
Remove existing signs and install sign new Supplemental Guide sign (15AIT).
Kingston
Washington
Creative
Ferry
District
Kenmore
NEXT
EXIT
2T R -
!Ibk VhRAgm-Eer/' / EAb]]C VI.6rzjal, EI.FL 3(Ey�EAEGM IEJ.T EYIi E?(
Page 5 of 12
WSDOT # GCB 3677
EXHIBIT A — Edmonds Creative District Signs
I-5 Ramp (Rl 17843) — Milepost 0.62 Southbound
Install new sign below the existing guide sign above.
3.0" Radius, 0.8" Border, White on Green:
"Washington Creative District". C 2K 62% spacing; Standard Arrow Custom 11.1" X 6 8" 0°;
Page 6 of 12
EXHIBIT A — Edmonds Creative District Signs
State Route 99 — Milepost 43.59 Northbound
PW -
r-1 bu
WSDOT # GCB 3677
Install the sign on vertical post of the cantilever just below the horizontal trusses.
9� 10
60" Ito tllo5 1 5" Border, While on Green:
'Washington", D 2K 90% spacing: "Creah-". D 2K:
'Dislrcl'. D 2K: Arrow 1 • 12.8' 45":
Page 7 of 12
WSDOT # GCB 3677
EXHIBIT A — Edmonds Creative District Signs
State Route 99 — Milepost 44.07 Southbound
099 De. 2621- 9RMP 3C.D81 ARM u7.ur ..q
Install the sign on new signpost just beyond the raised curb in the parking area.
6L 22.9- aJ
�8
6 0" Radius, 1.5" Border, White on Green;
"Washington", D 2K 70% spacing; "Creative", D 2K;
"District", D 2K; "RIGHT', C 2K; "AT SIGNAL", C 2K;
EXHIBIT A — Edmonds Creative District Signs
State Route 104 Milepost 24.49 Eastbound (Main Street and Edmonds Way
Intersection)
Page 8 of 12
24"
36"
•,:c:+ exx:r�r
WSDOT # GCB 3677
Page 9of12
EXHIBIT A — Edmonds Creative District Signs
SR 104 — Milepost 24.88 Westbound (Ferry Holding Lane)
24"
36"
Page 10 of 12
WSDOT # GCB 3677
WSDOT # GCB 3677
EXHIBIT A — Edmonds Creative District Signs
SR 524 — Milepost 0.35 Westbound (North of 3rd Avenue N and 41h Avenue N
Intersection)
Oz, W
36"
Page 11 of 12
WSDOT # GCB 3677
EXHIBIT A - Edmonds Creative District Signs
ESTIMATED - DIRECT & INDIRECT COSTS
Washington -Edmonds Creative District Signs
DATE:
3/28/2022
UNITS
UNIT PRICE
QUANTITY
AMOUNT
(FABRICATION & SHIPPING
1 - 15'X12' SIGN (1-5 Mainline - Milepost 179.32 Southbound)
Square Feet
$18.00
180.0
$3.240.00
1 - 9'X1.5' SIGN (1-5 Ramp (R1 17843) - Milepost 0.62 Southbound)
Square Feet
$18.00
13.5
$243.00
1 - 4'X4.5' SIGN (State Route 99 - Milepost 43.59 Northbound)
Square Feet
$18.00
18.0
$324.00
1 - 4'X4.5' SIGN (State Route 99 - Milepost 44.07 Southbound)
Square Feet
$18.00
18.0
$324.00
:3 - 2'X3' EDMONDS CREATIVE DISTRICT SIGNS
Square Feet
$18.00
18.0
$324.00
SUBTOTALl
$4,455.00
(MATERIALS
,Z BAR ALUMINUM 3"X3"Xi/4"X25' LONG
EACH
1 $185.00
1.0
$185.00
'WINDBEAM ALUMINUM 2.5"X3"X25' LONG
TEACH
$110.00
3.0
$330.00
.ALUMINUM SIGN POSTASSEMBLY CLIPS W/BOLT, NUTAND WASHER
EACH
$2.85
20.0
$57.00
100' - STAINLESS STEEL BANDING ROLL FOR MOUNTING SIGNS TO POLES
EACH
$200.00
0.3
$50,00
SIGN BAND CLAMPS FOR POLES
EACH
$8.00
9.0
$72.00
2.5"X2.5"X16' PERFORATED SQUARE STEEL SIGN POSTS
EACH
$75.00
2.0
$150.00
SIGN MOUNTING HARDWARE (NUTS, BOLTS, WASHERS & RIVETS
EACH
$25.00
1.0
$25.00
HEAVY DUTY ANCHOR FOR 2.5" SQUARE STEEL SIGN POSTS
EACH
$38.00
2.0
$76.00
COMMERCIAL GRADE CONCRETE 60 LBS. BAGS
EACH
$7.00
10.01
$70.00
SUBTOTALl
$1,015.00
INSTALLATION - LABOR
HIGHWAY MAINTENANCE SUPERVISOR
HOUR
$58.28
20
$1,165.60
MIANTENANCE SPECIALIST
HOUR
$51.48
8
$411.84
HIGHWAY MAINTENANCE WORKER 3
HOUR
$53.65
34
$1.824.10
HIGHWAY MAINTENANCE WORKER 2
HOUR
$48.43
100
$4,843.00
SUBTOTAL
$8,244.54
EQUIPMENT
TRUCK - 38K DIGGER DERRICK WITH SERVICE BODY
HOUR
$19.10
8
$152.80
TRUCK - 40 FT MANLIFT
HOUR
$12.75
20
$255.00
TRUCK <38K GVWR - ROAD WARRIOR
IHOUR
$7.59
20
$151.80
TRUCK 38k GVWR, ATTENUATOR
IHOUR
$8,15
20
$163.00
TRUCK - PICKUP, CREW CAB
IHOUR
$4.42
6
$26.52
SUBTOTALI
$749.12
TOTAL ESTIMATE (DIRECT COSTS)
$14,463.66
INDIRECT COSTS (13.04% OF DIRECT COSTS)
$1,913.54
TOTAL COSTS (DIRECT & INDIRECT)
EDMONDS CREATIVE DISTRICT RESPONSIBILITY(25% OF TOTAL -�
COSTS)
$16,377.20
$4,094.30
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