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AG 16-003RETURN 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 Page 5 z 8 8 6 a Z-VdHO 133HS 335 00+04 VIS 66 85 3911 HOlVri -7 -- 1. J R99 8 '711, 21211 '81;Y Is ils3 4ggs -411 ; ---------- .1.04169£ - _ - - ----- _ 8 s 0 E- rn 0) s 6 2 1 i R 6 22 .8 i i 14 i I i 1 s 88 ,,i. • +. 3 4gas§ , d 4 , 1 1 ; .011 .021 .001 .21i 011 .01 0. 3 7 7 8 A 0 a 1- LLLLLLL LLLLLLL LLLLLLL LLLLLLL LLLLLLL 9. (>Ds C L.- 0 a) 0 2 :4 = LL 04/30/2001 01:51:18 PM PLOTtri412340 ■XL1018 \working CADO Files \SR99 (AI PAVE & CHANNEL.DGN 0 CpHREOCJI(EEDNEIGFYI. T. MADDEN 1 TYPE ZR PLASTIC TRAFFIC AARON T TYPE 2L PLASTIC TRAFFIC ARROW ;f LEGEND L.-- fUSTA LINE SASS STA. 6.340 it. ,o 11 61, C) w a I r m 1u1 FED.A10 PROJ.NO. 0, 5550.4 t• N g: 4 o > igj W l AT I ME / LANE Ex ""' �Gy LINE SR99 ` PC7 PIERCE CO. LINE TO S. 340TH ST. & S. 310TH ST. TO S. 2T2NO ST. wTT 5innm5J 04/30/2001 01:51 :20 PM PLOT1:\412340\0L101B \Morking CAO0 files \5R99 (A) PAVE & CHANNEL.DCN 0 0 0 0 J 1 0 Yooh Y a 9 m N wn O rT =o • . 0 o0w • N :w N � 6° 1 v. •S • y P. n 0 0 0 0 o N a •, z 0 Z 0 m 0 rn N 9> 0 OW 2IrSr1d aL 3dA1 r m m a MATCH LIME 51199 514. 411•10 W CR ME 5e99 STA. 632.05 1 SimmsJ 04/30/2001 0lc51:22 PM PLOT3a \412340 \XL1018 \workIng CADO Files \SR99 IAI PAVE 8 CHANNEL.DON g 8 9 6 0 8 S 0 az —1v 2s' a 3 V O O b 0 0 z n m 0 m 2 0 0 8 MATCH L NC 5R99 STA. 63ZOI NA rcH LIRE SR99 STA. 6 1 +90 p6f c-¢9 ris 66 Yr 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