AG 16-003 - WSDOTRETURN TO: Mercedes EXT: 2701
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
1. ORIGINATING DEPT/DIV: PUBLIC WORKS / STREETS
2. ORIGINATING STAFF PERSON: NAVEEN CHANDRA
4. TYPE OF DOCUMENT (CHECK ONE):
❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ)
❑ PUBLIC WORKS CONTRACT
❑ PROFESSIONAL SERVICE AGREEMENT
❑ GOODS AND SERVICE AGREEMENT
❑ REAL ESTATE DOCUMENT
❑ ORDINANCE
❑ CONTRACT AMENDMENT (AG#):: j�
OTHER Lull &'`a) A , &
EXT: 2729 3. DATE REQ. BY:
❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT
❑ MAINTENANCE AGREEMENT
❑ HUMAN SERVICES / CDBG
❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS)
❑ RESOLUTION
❑ INTERLOCAL
5. PROJECT NAME: SR 99 PHASE V HOV LANES (S 340TH ST TO S 359TH ST)
6. NAME OF CONTRACTOR:WSDOT
ADDRESS: 15700 Dayton Ave North, SHORELINE, WA TELEPHONE:
E -MAIL: FAX:
SIGNATURE NAME: John White, P.E. TITLE: ASST. REGION ADMINISTRATOR
7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS /CERTIFICATE ❑ ALL
OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT /AMENDMENTS
CFW LICENSE # BL, EXP. 12/31/ UBI # , EXP. / /
8. TERM: COMMENCEMENT DATE:
COMPLETION DATE:
9. TOTAL COMPENSATION: $ (INCLUDE EXPENSES AND SALES TAX, IF ANY)
(IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES)
REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $
IS SALES TAX OWED: ❑ YES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY
❑ PURCHASING: PLEASE CHARGE To:
10. DOCUJENT / CONTRACT REVIEW
`
PROJECT MANAGER
❑ DIVISION MANAGER
DEPUTY DIRECTOR
`DIRECTOR
❑ RISK MANAGEMENT (IF APPLICABLE)
`XLAW DEPT
11. COUNCIL APPROVAL (IF APPLICABLE)
INITIAL / DATE REVIEWED
Nc. rr -9-I3
I«_/l(2/lf
INITIAL / DATE APPROVED
COMMITTEE APPROVAL DATE: 1 Z 11 1 15' COUNCIL APPROVAL DATE: J 61 IC,
12. CONTRACT SIGNATURE ROUTING
❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC' D:
❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS
INITIAL / DATE SIGNED
❑ LAW DEPT
❑ CHIEF OF STAFF
SIGNATORY (MAYO
❑ CITY CLERK
XASSIGNED AG #
f1 SIGNED COPY RETURNED
'kRETURN ONE ORIGINAL
COMMENTS:
toms'
AG
DATE SENT:
0,1-116,91 s
1/15
� Washington State
VI/ Department of Transportation
This Agreement is made and entered into between the WASHINGTON STATE DEPARTMENT OF
TRANSPORTATION, hereinafter the "STATE," and the CITY OF FEDERAL WAY, 33325 8th Ave S.,
Federal Way, WA. 98003, hereinafter the "CITY."
WHEREAS, the CITY is planning the design and construction of a paving project on SR 99 within the
CITY limits, and in connection therewith, the STATE has agreed to partner with the CITY pursuant to the
above Description of Work, hereinafter "Work," and Exhibit A, Plans, and
WHEREAS, it is deemed to be in the best public interest for the STATE to include specific items of Work
in the CITY's design and construction contract, and
WHEREAS, the STATE is obligated for the cost of the Work described herein,
NOW, THEREFORE, pursuant to RCW 47.28.140 and RCW 47.24.020, the above recitals that are
incorporated herein as if fully set forth below, and in consideration of the terms, conditions, covenants, and
performances contained herein, and Exhibits A and B, which are attached and made a part hereof,
IT IS MUTUALLY AGREED AS FOLLOWS:
PS &E, BID, Construction
1.1 The CITY, on behalf of the STATE, agrees to perform the above Work. Plans, specifications and
cost estimates (PS &E) for the Work shall be prepared by the CITY in accordance with the current State of
Washington Standard Specifications for Road, Bridge, and Municipal Construction, and amendments
thereto, (Standard Specifications) and adopted design standards, unless otherwise noted. The CITY will
incorporate the plans and specifications for the Work into the CITY's project only after STATE review and
prior written approval, prior to advertising the project, and thereafter, advertise the resulting project for bid
and, assuming bids are received and a contract is awarded, administer the contract.
1.2 The CITY shall provide the STATE with written notification of the bid price for the Work. The
GCB 2168 Page 1
State Participating
Agreement
Work by
Local
Agency
Actual Cost
Organization and Address
City of Federal Way
Marwan Salloum, Public Works Director
33325 8"' Ave S.
Federal Way, WA. 98003
Section / Location
Pacific Highway S. (SR 99), S. 359t' St to S. 344th St. Vic., HMA Overlay
M.P. 7.46 to 8.45
Agreement Number
GCB 2168
Description of Work
STATE is contributing funds (PE = $111,238, CN = $1,109,186) for
Design and Construction to grind and overlay existing lanes plus 1' of
the shoulders and the left turn lanes. Project excludes the Two -Way
Left Turn Lane.
State Route No.
99
Control Section No.
170101
Region
Northwest Region
This Agreement is made and entered into between the WASHINGTON STATE DEPARTMENT OF
TRANSPORTATION, hereinafter the "STATE," and the CITY OF FEDERAL WAY, 33325 8th Ave S.,
Federal Way, WA. 98003, hereinafter the "CITY."
WHEREAS, the CITY is planning the design and construction of a paving project on SR 99 within the
CITY limits, and in connection therewith, the STATE has agreed to partner with the CITY pursuant to the
above Description of Work, hereinafter "Work," and Exhibit A, Plans, and
WHEREAS, it is deemed to be in the best public interest for the STATE to include specific items of Work
in the CITY's design and construction contract, and
WHEREAS, the STATE is obligated for the cost of the Work described herein,
NOW, THEREFORE, pursuant to RCW 47.28.140 and RCW 47.24.020, the above recitals that are
incorporated herein as if fully set forth below, and in consideration of the terms, conditions, covenants, and
performances contained herein, and Exhibits A and B, which are attached and made a part hereof,
IT IS MUTUALLY AGREED AS FOLLOWS:
PS &E, BID, Construction
1.1 The CITY, on behalf of the STATE, agrees to perform the above Work. Plans, specifications and
cost estimates (PS &E) for the Work shall be prepared by the CITY in accordance with the current State of
Washington Standard Specifications for Road, Bridge, and Municipal Construction, and amendments
thereto, (Standard Specifications) and adopted design standards, unless otherwise noted. The CITY will
incorporate the plans and specifications for the Work into the CITY's project only after STATE review and
prior written approval, prior to advertising the project, and thereafter, advertise the resulting project for bid
and, assuming bids are received and a contract is awarded, administer the contract.
1.2 The CITY shall provide the STATE with written notification of the bid price for the Work. The
GCB 2168 Page 1
STATE shall have five (5) working days from the date of written notification to provide the CITY written
approval of the bid price for the Work, or request the Work be deleted from the Project. The STATE may
request an extension of time in writing, provided that the CITY receives the written request not later than
five (5) working days after the STATE has received the written notification. The CITY shall provide a
written response indicating the number of working days extended, if any.
1.3 The STATE may, if it desires, furnish an inspector for the Work. Any costs for such inspection will
be borne solely by the STATE. All contact between said inspector and the CITY's contractor shall be
through the CITY's representative.
2.0 CONTRACT CHANGES
2.1 Changes to the Work shall be documented by change order in accordance with the Standard
Specifications. The CITY shall process change orders for all changes affecting the Work in the manner set
forth in subsection 1 -2.4C (3), Approval of Changes /Checklist, STATE Construction Manual, current
edition.
2.2 Required changes involve changes in quantities for or alterations to the Work as are necessary to
satisfactorily complete the Work. All other changes affecting the Work shall be considered elective
changes.
2.3 The CITY shall submit proposed change orders for the Work to the STATE for review and written
approval prior to issuance of a Work change order to the contractor. The STATE agrees to pay for the
increases in cost, if any, for the STATE - approved required Work changes, in accordance with Section 4.
2.4 CITY shall advise the STATE of any proposed required changes affecting the Work as soon as
possible and provide the STATE with an opportunity to review and approve the change in accordance with
Section 2.3 before implementation. The CITY will determine the length of the review time based upon the
need to expedite the change to avoid delay to the contractor.
2.5 STATE may request in writing changes to the Work through the CITY. The CITY agrees to
implement the requested changes, provided that a change does not negatively impact the roadway, 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. All elective changes to the Work shall be approved in writing by the STATE before the
CITY directs the contractor to implement the changes, even if an executed change order is not required by
the Project contract. The STATE agrees to pay for the increases in cost, if any, for such elective changes in
accordance with Section 4.
2.6 The CITY will make available to the STATE all change order documentation related to the Work.
2.7 In the event it is determined that the STATE does not have sufficient funds to complete the Work,
the CITY and the STATE shall negotiate to determine the future 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 CITY will
terminate the remainder of the Work from the Project contract. In the event the Work is terminated,
Section 3 shall apply for that portion of the Work completed up to the time of termination. The STATE
agrees to pay all costs associated with termination, including contractor claims, in accordance with Section
4.
3. ACCEPTANCE
3.1 Prior to Work acceptance, the STATE and CITY will perform a joint final inspection. The STATE
GCB 2168 Page 2
agrees, upon satisfactory completion of the Work and receipt of a Notice of Physical Completion of the
Work, as determined by the CITY, to deliver a letter of acceptance to the CITY which shall include a
release of the CITY from future claims or demands resulting from the performance of the Work and CITY
administration thereof; except, such release shall not waive or release the CITY from any potential claims
for defective work or materials.
3.2 If a letter of acceptance is not received by the CITY within ninety (90) calendar days following
delivery of a Notice of Physical Completion of the Work to the STATE, the Work and CITY administration
thereof shall be considered accepted by the STATE, and the CITY shall be released from future claims and
demands resulting from the performance of the Work and the CITY's administration thereof; except, such
release shall not waive or release the CITY from any potential claims for defective work or materials.
3.3 The STATE may withhold its acceptance of the Work by submitting written notification to the CITY
within thirty (30) calendar days following delivery of a Notice of Physical Completion of the Work. This
notification shall include the reason(s) for withholding acceptance.
4 PAYMENT
4.1 The STATE, in consideration of the faithful performance of the Work to be done by the CITY,
agrees to reimburse the CITY for the actual direct and related indirect cost of the Work.
4.2 The STATE shall be obligated for the actual direct and related indirect costs not to exceed One
Hundred and Eleven Thousand Two Hundred and Thirty Eight Dollars ($111,238.00) for design work and
the actual direct and related indirect costs not to exceed One Million One Hundred Nine Thousand One
Hundred Eighty Six Dollars ($1,109,186.00) for construction as shown on Exhibit B.
4.3 The CITY shall provide to the STATE detailed invoices, including documentation for all costs and
materials, for the actual direct and related indirect costs incurred for the Work performed by the CITY
and/or its contractor. The STATE agrees to make payment to the CITY within thirty (30) calendar days
after the invoice date. Invoices and payments shall be no more frequent than one (1) per month. It is agreed
that any such partial payment will not constitute agreement as to the appropriateness of any item and that, at
the time of the final payment all required adjustments will be made and reflected in a final payment.
5.0 CLAIMS
5.1 Claims for Additional Payment
5.1.1 In the event the CITY's contractor makes claims for additional payment associated with the
Work, the CITY will immediately notify the STATE of such claims. The CITY shall require its contractor
to make such claims in the manner and form as provided for in the Standard Specifications. •
5.1.2 The STATE 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 CITY in administering the Work.
5.1.3 The STATE shall have the right to review and comment on any settlement for claims
associated with the Work. However, the CITY shall have the ultimate right to settle such claims. In the
event the STATE does not agree with the claim settlement as negotiated by the CITY, the STATE shall
reserve the right to not financially participate in the negotiated claim settlement. If agreement cannot be
reached between the STATE and the CITY on a claim settlement, the Parties agree to follow the dispute
resolution procedure in Section 8.
GCB 2168 Page 3
5.1.4 If the CITY agrees, the STATE may defend contractor claims associated with the Work at
its own cost, and in doing so, the STATE agrees to pay any resulting settlement, court judgment or
arbitration award. The CITY will cooperate with the STATE in the STATE's defense of the claims. The
STATE agrees to reimburse any CITY costs, including attorney's fees, incurred in for providing such
assistance in accordance with Section 4.
6. TERMINATION
6.1 Either Party may terminate this Agreement with or without cause upon thirty (30) calendar
days' written notice. Any work performed by the CITY associated with the Work up to the date of
termination shall be compensated in the manner provided for as follows: 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 CITY will
terminate the remainder of the Work from the Project contract. In the event the Work is terminated, Section
3 shall apply for that portion of the Work completed up to the time of termination. The terminating Party
will pay for the costs associated with the termination.
7.0 INDEMNIFICATION
7.1 The CITY shall protect, defend, indemnify, and hold harmless the STATE, its officers, officials,
employees, and agents, while acting within the scope of their 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 the Work to be performed pursuant to the provisions of this Agreement. The CITY will
not be required to indemnify, defend or save harmless the STATE if the claim, suit, or action for injuries,
death, or damages (both to persons and /or property) is caused by the sole negligence of the STATE. Where
such claims, suits, or actions result from the concurrent negligence of both Parties, or involves those actions
covered by RCW 4.24.115, the indemnity provisions provided herein shall be valid and enforceable only to
the extent of each Party's own negligence.
8.0 DISPUTES
8.1 In the event that a dispute arises under this Agreement, it shall be resolved as follows: The STATE
and the CITY 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 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.
9.0 VENUE
9.1 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 agree that any such action or proceedings shall be
brought in Thurston County Superior Court. Further, the Parties agree that each will be solely responsible
for payment of its own attorney's fees, witness fees, and costs.
10.0 AUDITS/RECORDS
10.1 All Project records for the Work in support of all costs incurred shall be maintained by the CITY for
a period of six (6) years. The STATE shall have full access to and right to examine said records, during
normal business hours and as often as it deems necessary. Should the STATE require copies of any
GCB 2168 Page 4
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 government.
11.0 TERM OF AGREEMENT
11.1 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 3, or as otherwise provided herein, and all obligation for payment have been met.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the Party's date signed last
below.
CIT i FEDE ' ' WAY
1 EP ' T 0 ' ' • SPORTATION
\ _ N
By
Date
APPRO LAS TO FORM
By
STATE OF WASHINGTON
arwan
Public Wo
Iloum
ks Director
e, P.E.
ARA SnoKing
Ann E. Salay, Senior Counse
Date f('
GCB 2168
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MATCH L NC 5R99
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1
SR:
Title:
Paving Estimate - Breakdown By Unit Bid Item
99
SR 99 S 350th St to S 344th St %lctnity - Pat ing
MP: 7 46
to MP: 845
WIN: A0990613_ 10990613
P1 - Paving /Safety Restoration
Centerline Length: 0.99 Mile
Resurfacing Length: 4.56 LM
SECTION 1
SR 99 Mainline
MP 7.46 -8.45
4.56
Work
Item
Work Item
Price per
Unit
nit
City
Cost
PtePetedon
0190 Removing Plastic Line
0208 Removing Raised Pavement Markers
Iqukt A 00.11. .
...........
53^-11Anti-Stripping Additive
HotiMIs Asphalt
5711 Planing Bituminous Pavement
5767 HMA for Mainline
5830 Job Mix Compliance Price Adjustment
5835 Compaction Price Adjustment
xxxx Pavement Repair
6514 Longitudinal Joint Seal
erosionGo{Krpl & Pbnting., :
6403
6471
6490 lErosion Water Pollution Control
ESC Lead
Inlet Protection
$0.55 LF
5200 HUN
Cold E
$2.25
980.00
Calc
Catc
Calc
532
SY
Tons
LF
35 229
3,792
3%
2%
0%
0.
53.792
579,266
5303,325
99,100
96.066
50
50
xxxx Traffic Data Loops
6806' Paint Line
6807 Plastic Line
6809 Profiled Plastic Line
6828 Plastic Wide Lane Line
6833 Plastic Traffic Arrows
6857 Plastic Crosswalk Line
6859 Plastic Stop Line
6801 Plastic Drainage Marking
6884 Raised Pavement Marker T,pe 2
7220 Painting Curb
6895 Temporary Pavement Marking- Short Duration
MOO( Temporary Signal Detection
6956 Sequential Arrow Sign
6973 Other Temporary Traffic Control
6974 Traffic Control Supervisor
6980 Flaggers and Spotters
6982 Construction Signing Class A
6992 Other Traffic Control Labor
6993 Portable Changeable Message Sign _.
7447 Transportable Attenuator
7449 Operation of Transportable Attenuator
7450 Repair Transportable Attenuator
oi
xxxx Referencing Existing Pavement Markings
7003 Type B Progress Schedule
7480 Roadside Cleanup
7725 Reimbursement for Third Parry Damage
7736 SPCC Plan -- --
9160
5100
1.
Day
EA
LS
51.000 EA
50.30 LF
51.20 IF
92.00 LF
56.00 LF
9275 EA
57 SF
511 LF
550 EA
$350 HUN
51.50 LF
50.25 LF
1 LS
54 HR
1 LS
1 LS
955 HR
$20 SF
$55 HR
54 HR
$7,500 EA
555 HR
55.000 EST
13
65
5000
46
10,454
15,075
10.032
1584
22
1,168
252
65
5
1,003
38,704
10,000
500
5,000
15,000
750
96
500
500
0
LS 6840
LS 4000
EST 5000
1 EST 5
1 LS 1250
52,080
56,500
$5,000
548,000
53,136
518,090
520,064
_...59,504..
56,050
98,176
92,772
53.250
51,750
91,505
$9.676
9.10,000
$2.000
95.000
915,000
541,250
51,920
927.500
S2 000
S0
$0
Subtotal for Percentages
Miscellaneous
Subtotal:
Mobilization
Subtotal:
Sales Tax
Sid Item Total.
Bid Item Subtotal
WSOOT -TDO Piero Sensors install
Washington Slate Patrol
(700) Non -Bid item Total.
Bid & (700) Non -Bid Item Total
10.0%
10.0%
9.5%
50
s0
56,840
$4.000
55,000
$5 •
51,250
$668.866
966,887
5735,753
573.575
5809,328
576,886
5886.214
SO
90
50
9886,214
Construction Engmeenrg
Contingencies
16.0%
4.0%
Public Outreach 50
(P00) State Force Work)Supptied Matenals
CansWctionTotal:
141 794
535 449
SO
So
91,063,457;
Cost Index: lune 2015
PE
RW
CN
Inflated Costs
to December 2016 9111,238
$0
to September 2017 61009,186
Total 51,220,424
Assumptions:
1 This project will need approximately 25 days to complete an work.
2 Adjust Sales Tax to 9.5% per Washington State Department of
Revenue website 6/13/15.
3 Construction Engineering adjusted to 16% and contingencies
adjusted to 4 % per Plans Preparation Manual dated November
2013.
4 Preliminary Engineering adjusted to 12go per Cost Estimating
Guidance for WSDOT Projects dated April 2015.
5 Removal of Raised Pavement Markers, Pavement Markings,
Plastic Lines, and Paint Lines are incidental to the Planing
Bituminous Pavement work.
6 Removal of Raised Pavement Markers, Pavement Markings,
Plastic Lines, and Paint Lines for excepted Bridges called out to
be striped through are included in the Miscellaneous Cost.
7 Grind and inlay 0.15' HMA one foot beyond edgelines or
curb -to -curb where the shoulder is less than 4 feet.
8 Except Two -Way Left Tum Lanes, grinding one foot into it
on each side.
Pieliminary Engineering
Coastructron Permit
Preliminary Engineering Total:
12.0% ';:'.5106,346;
$0 90
5106,346
Right of Way
Easements -
Administration
Condemnation
Relocation
Parcel
Right of Way Total:
50
$0
SO
SO
S0
Total Cost of Project
GCB 2168
Pacific Highway S. (SR99)
S. 359th St. Vic. to S. 344th St. Vic.
HMA Overlay
Exhibit "B" Page 1 of 1
$1,169,803
Page 1