HomeMy WebLinkAboutWSDOT - Agreement GCB 2341 Oregon Ave ImprovementsORIGINAL
AGREEMENT GCB 2341
Between
Washington State Department of Transportation
And the City of Pasco
This Agreement is made and entered into between the Washington State Department of
Transportation, hereinafter called the "STATE," and the City of Pasco, a municipal
corporation located at 525 No. 3rd, Avenue, Pasco Washington, hereinafter called the
"AGENCY," collectively referred to as the "Parties" and individually, the "Party".
WHEREAS, the AGENCY is planning the design and construction of improvements to US
397, MP 20.4 to MP 22.3, a project titled, Oregon Ave Improvements (Phase 1 — "A" St. Tol-
182/US12) within the City of Pasco, by roadway widening from an existing four lane to
provide a five lane roadway that will provide a center two way, left turnlane to
accommodate turning movements and add left turn lane at intersections, installation of
median in select locations, installation of curb and gutter, driveways, sidewalks and ADA
ramps to meet standards, stormwater infrastructure, illumination and streetscaping,
installation of traffic signals at the intersectionsof Oregon Ave (SR 397) and Idaho Avenue,
E. Salt Lake Street and Broadway Street and upgrade of existing traffic signals, herein
called the "Project," and
WHEREAS, the AGENCY will act as lead agency to design, advertise and award and
administer the construction of the Project, and
WHEREAS, the AGENCY has contracted with CH21M Hill herein called the "Consultant" to
design, prepare the plans, specifications and estimate and assist as needed during the
bidding process, and
WHEREAS, the AGENCY is an approved "Certification Acceptance" (CA) agency, by which
the STATE has granted the AGENCY the authority to administer projects, and
WHEREAS, the STATE recognizes the AGENCY's demonstrated ability to responsibly
design projects and administer construction, and
WHEREAS, the STATE's jurisdiction is defined as the area between back of curb to back of
curb, and
WHEREAS, the AGENCY requests STATE approval to permit the AGENCY to administer
construction of the portion of the Project that lies within STATE managed access
jurisdiction, hereafter called "Work" and
WHEREAS, the STATE authorizes the AGENCY to construct the Work, and
WHEREAS, the STATE agrees to provide the design reviews, construction inspection
oversight and approvals for the Work, and
WHEREAS, the STATE and the AGENCY now wish to define responsibilities for design,
construction administration of the Work,
d5 S
AGREEMENT GCB 2341 Page 1 of 9
NOW, THEREFORE, by virtue of RCW 47.28.140, the above recitals that are incorporated
herein as if fully set forth below and in consideration of terms, conditions covenants and
performances contained herein, and Exhibits A and B which are attached and incorporated
and made a part hereof,
IT IS MUTUALLY AGREED AS FOLLOWS:
1.GENERAL
1.1 The Vicinity Map and roadway paving plans RD -1 through RD -7 attached as Exhibit A,
the Estimate for STATE work at the AGENCY's expense is attached as Exhibit B.
1.2 The scope of this Agreement is for design through construction of the portion of the
AGENCY's project contained within US 397 jurisdiction defined as back of curb to back of
curb.
1.3 The AGENCY agrees that the Work shall be designed and constructed in accordance
with the current versions of the State of Washington Standard Specifications for Road,
Bridge, and Municipal Construction (Standard Specs), the Local Agency Guidelines (LAG
Manual), the State of Washington Department of Transportation Design Manual and
Standard Plans and amendments thereto, and pertinent design modifications as approved
in the Project design file.
2. PROJECT CONTACTS
2.1 STATE Design P.E.
Roger Arms P.E.
Local Programs Engineer
2809 Rudkin Rd.
Union Gap, WA 98903-1648
(509) 577-1780
ArmsR(wsdot.wa.gov
2.2 STATE Construction P.E.
Moe Davari P.E.
Project Engineer
1655 Fowler St
Richland, WA 99352
(509) 577-1780
Davari M(a)_wsdot.wa.gov
3. PROJECT DEVELOPMENT PHASES
3.1 DESIGN DOCUMENTATION
AGENCY Design Contact.
Maria L. Serra, EIT
Associate Engineer
525 N. 3rd Avenue
Pasco, WA 99301
(509) 544-3080 X6412
serram(a-)Pasco-wa. gov
AGENCY Construction Contact
Kent McCue
Construction manager
525 N 3rd Avenue
Pasco, WA 99301
(509) 544-3080 X6402
mccue al )pasco-wa.gov
3.1.1 The AGENCY, through its Consultant, shall prepare all Project design plans and
documentation and submit to the STATE Design P.E., Section 2.1, for STATE review and
acceptance for the Work.
3.2 PLANS, SPECIFICATIONS, AND ESTIMATE (PS&E)
AGREEMENT GCB 2341 Page 2 of 9
3.2.1 The AGENCY, through its Consultant, shall prepare the Project PS&E and submit the
final package to STATE Design P.E., Section 2.1, for STATE review and acceptance of the
proposed Work at least two weeks prior to the AGENCY advertising the Project for bids.
3.3 PROJECT MODIFICATIONS
3.3.1 The STATE and the AGENCY shall cooperate in the review of the above-mentioned
design, and PS&E materials. Required modifications to the Work as the result of STATE
reviews shall be performed by the AGENCY, through its Consultant, prior to advertising the
Project for bid. Any required modification costs will be the sole responsibility of the
AGENCY.
3.4 PROJECT ADVERTISEMENT AND AWARD
3.4.1 The STATE shall review and accept the AGENCY's final package as to the Work
within ten days of its receipt. The AGENCY will publish and advertise the construction
contract for bids, and if bids are acceptable, award the contract and administer the Project
construction contract.
3.4.2 The AGENCY shall prepare and issue addenda to the contract. The AGENCY shall
submit addenda that affect the Work to the STATE for its prior review and written
acceptance before issuance. The STATE shall assist the AGENCY in answering bid
questions that are associated with the Work. All comments and clarifications that affect the
Work must go through the STATE.
4. CONTRACT ADMINISTRATION
4.1 The AGENCY shall administer the construction of the Project, if awarded, and by this
reference, the Project Contract Plans and Provisions and any approved change orders are
made a part of this Agreement as if fully attached hereto.
4.2 Prior to beginning Project construction, a pre -construction conference shall be held at
which the STATE, the AGENCY, and AGENCY's contactor shall be present. The AGENCY
shall give a minimum of five (5) working days notice to the STATE Construction P.E.,
Section 2.2, prior to holding the pre -construction conference.
4.3 In addition to the requirements in Section 4.2, the STATE may, at any time, request a
construction schedule or updates there to from the AGENCY, showing critical dates and
activities that will lead to the timely completion of the Work.
4.4 Copies of this Agreement shall be kept at the AGENCY's project office and by the
AGENCY at the construction site. The Agreement shall be shown, upon request, to any
state representative or law enforcement officer.
5. PROJECT ENGINEERS
5.1 The AGENCY shall be responsible for the Project contract administration and has
assigned an AGENCY Construction Contact, Section 2.2, for the Project, including the
Work.
5.2 The STATE has assigned a STATE Construction P.E., Section 2.2. The STATE
Construction P.E. will provide construction inspection oversite and approvals for the Work.
AGREEMENT GCB 2341 Page 3 of 9
5.3 The STATE Construction P.E. and the AGENCY Construction Contact shall be
responsible for familiarizing themselves with the Work, including plans, specifications, bid
prices, schedule, and relevant issues. Both shall coordinate and cooperate with each other
to ensure completion of the Work.
5.4 The STATE recognizes the AGENCY's role as contracting agency for the Project. All
STATE communication will be through the STATE Construction P.E., or designee, to the
AGENCY Construction Contact. The STATE Construction P.E., or designee, shall attend
regular coordinating meetings, the AGENCY's pre -construction conference, and other
meetings deemed necessary for appropriate coordination.
6. STATE PROJECT INSPECTION
6.1 The STATE will provide construction oversite to ensure that the workmanship and
materials for the Work are in compliance with the contract plans and specifications.
7. TRAFFIC CONTROL
7.1 In construction of the Work, the AGENCY shall comply with the Manual on Uniform
Traffic Control Devices for Streets and Highways (MUTCD), current edition.
8. PROGRESS REPORTS
8.1 The AGENCY shall provide written monthly progress reports to the STATE to include,
at a minimum, Project status, and current and projected schedule for Project and Work
completion.
9. CONTRACT CHANGES
9.1 Any proposed changes to the Works' plans or specifications previously approved by the
STATE require further STATE review and prior written approval before implementing the
changes.
10. CONTRACTOR CLAIMS
10.1 The STATE shall make every good faith effort to pursue all requested reviews and
approvals to promote the Project advancement on schedule. If the STATE fails to process
a submittal or re -submittal for approval within 10 calendar days, the submittal for approval
will be considered to be approved by the STATE.
11. PROJECT COMPLETION
11.1 Upon physical completion of the Project and prior to final acceptance, as defined in
the LAG Manual, by the STATE, the AGENCY shall provide the STATE with one set of as -
built drawings and material acceptance certification documents for the Work. The as -built
drawings shall be prepared in accordance with the current edition of the STATE's
Construction Manual (Section 10-3.11).
12. MATERIALS AND QUALITY ASSURANCE/QUALITY CONTROL
AGREEMENT GCB 2341 Page 4 of 9
12.1 All Work materials and workmanship shall conform to the state Construction Manual
and the state Standard Specs and shall be subject to inspection by the STATE as provided
herein.
12.2 All Work materials testing shall be performed by the AGENCY or an independent
certified testing laboratory of its choice. Copies of Work test results shall be submitted to
the STATE Construction P.E., Section 2.2, prior to beginning the next phase of
construction. The STATE reserves the right to verify the test results or to perform the
testing in STATE facilities. The STATE will be responsible for the cost of the verification
tests.
13. PAYMENT
13.1 The Agency shall reimburse the STATE for all actual direct and related indirect costs
incurred by the STATE under this Agreement. Such costs include, but are not limited to,
agreement preparation, plan review, including review of proposed revisions to ,plans and
specifications, construction inspection, and administration overhead. An estimate of cost
for the Work to be performed by the STATE, at the AGENCY's expense, is attached as
Exhibit B.
The AGENCY has federal funds that is managed by WSDOT Local Programs for the project
payments. WSDOT Local Programs has setup a work order for reimbursement to the
STATE for agreements preparation, plan review, review of proposed revisions to plans,
specifications and construction inspection oversite of the Work. For reimbursement for
STATE costs, the STATE will charge to the work order setup by WSDOT Local Programs.
14. INCREASE IN COSTS
14.1 In the event unforeseen conditions require an increase in the cost of 25 percent or
more from that agreed to on Exhibit B, this Agreement will be amended to cover the cost
increases.
15. RIGHT OF ENTRY
15.1 Subject to the terms of this Agreement, The STATE hereby grants to the AGENCY, it's
consultant, employees, and its authorized agents, contractors, and subcontractors, a right
of entry upon state jurisdiction, defined as back of curb to back of curb which is necessary
for the AGENCY to the perform the Work.
16. INSURANCE
16.1 The AGENCY shall furnish the STATE, a certificate of insurance for the limits set forth
in the Standard Specs within fifteen (15) calendar days of the Agency construction contract
being signed.
17. OWNERSHIP AND MAINTENANCE
17.1 These improvements are located inside city limits within manages access highway
rights of way, ownership, operation and maintenance responsibilities shall be apportioned
between the AGENCY and the STATE pursuant to chapter 47.2 RCW and the City Streets
AGREEMENT GCB 2341 Page 5 of 9
as Part of State Highways Guidelines developed between the Association of Washington
Cities and the STATE except as described below:
The AGENCY shall be responsible for the maintenance of the following items:
Parallel Roadside Ditches:
Ditches or drains running parallel with the roadway.
Cross Culverts:
Devices used to channel water to allow water to pass under the roadway.
Maintenance of Landscaping
All landscaping beyond the face of the curbs or the edge of pavement.
18. CLAIMS FOR DAMAGES
18.1 After Work acceptance, in the event of claims for damages or loss attributable to
bodily injury, sickness, death, or injury to or destruction of property that occurs within the
limits of the Work located on the STATE's jurisdiction. The STATE shall defend such claims
and hold harmless the AGENCY therefrom, and the AGENCY shall not be obligated to pay
any claim, judgment or cost of defense, unless such claims result from the negligent design
or construction of the Work. Nothing in this Section, however, shall remove from the
AGENCY any responsibility defined by the current laws of the state of Washington or from
any liability for damages caused by the AGENY's own negligent acts or omissions.
19. TERM OF AGREEMENT
19.1 The term of this agreement shall commence as of the date this Agreement is fully
executed by the Parties and shall continue until the Work is constructed and accepted by
the STATE and the AGENCY makes payment for all STATE costs as provided herein.
20. ASSIGNMENT OF AGREEMENT
20.1 No assignment or transfer of this Agreement in any manner whatsoever shall be
valid, nor vest any rights hereby granted, until the STATE consents thereto and the
assignee accepts all terms of this Agreement.
21. NON -EXCLUSIVITY
21.1 This Agreement shall not be deemed or held to be an exclusive one and shall not
prohibit the STATE from granting permits or franchise rights; or entering into other
Agreements of like or other nature with other public or private companies or individuals,
nor shall it prevent the STATE from using any of its highways, streets, or public places,
or affect its right to full supervision and control over all or any part of them, none of
which is hereby surrendered.
22. AUDIT and RECORDS
22.1 Audit and Records: During the progress of the Work and for a period of not less
AGREEMENT GCB 2341 Page 6 of 9
than three (3) years from the date of final payment, the AGENCY shall maintain the
records and accounts pertaining to the Work and shall make them available during
normal business hours and as often as necessary, for inspection and audit by the State
of Washington and/or Federal Government and copies of all records, accounts,
documents or other data pertaining to the Work will be furnished upon request. The
requesting Party shall pay the cost of copies produced. If any litigation, claim or audit is
commenced, the records and accounts along with supporting documentation shall be
retained until any litigation, claim or audit finding has been resolved even though such
litigation, claim or audit continues past the three-year retention period.
23. TERMINATION OF AGREEMENT
23.1 Neither Party may terminate this Agreement without the concurrence of the other
Party. Termination shall be in writing and signed by both Parties. If this Agreement is
terminated prior to the fulfillment of the terms stated herein, the AGENCY shall reimburse
the STATE for its actual direct and related indirect expenses and costs incurred up to the
date of termination. Any termination of this Agreement shall not prejudice any rights or
obligations accrued to the Parties prior to termination.
24. MODIFICATION
24.1 This Agreement may be amended or modified only by the mutual agreement of the
Parties. Such amendments or modifications shall not be binding unless they are in
writing and signed by persons authorized to bind each of the Parties.
25. ASSIGNMENT
25.1 Neither Party to this Agreement shall transfer or assign any right or obligation
hereunder without prior written consent of the other Party.
26. SEVERABILITY
26.1 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.
27. DISPUTE RESOLUTION
27.1 In the event that a dispute arises under this Agreement, it shall be resolved as follows:
The STATE and the AGENCY 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.
28. INDEMNIFICATION
28.1 To the extent authorized by law, the AGENCY, its successors and assigns, agree to
indemnify, defend, and hold harmless the State of Washington and its officers and
AGREEMENT GCB 2341 Page 7 of 9
employees, from all claims, demands, damages (both to persons and/or property),
expenses, regulatory fines, and/or suits that: (1) arise out of or are incident to any acts or
omissions by the AGENCY, its Consultant, contractors, subcontractors, agents, and/or
their employees, in the use of the state highway right of way as authorized by the terms
of this Agreement, or (2) are caused by the breach of any of the conditions of this
Agreement by the AGENCY, its Consultant, contractors, subcontractors, agents, and/or
their employees. The AGENCY, its successors and/or assigns, shall not be required to
indemnify, defend, or hold harmless the State of Washington and its officers and
employees, if the claim, suit, or action for damages (both to persons and/or property) is
caused by the sole acts or omissions of the State of Washington and, its officers and
employees; provided that, if such claims, suits, or actions result from the concurrent
negligence of (a) the State of Washington, its officers and employees and (b) the
AGENCY, its Consultant, contractors, subcontractors, agents, and/or their employees, 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 the acts or omissions of the
AGENCY, its Consultant, contractors, subcontractors, agents, and/or their employees .
28.2 The AGENCY agrees that its obligations under this section extend to any claim,
demand and/or cause of action brought by, or on behalf of, any of its employees or agents
while performing Work on the state-owned owned right of way. For this purpose, the
AGENCY, 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 chapter 51.12 RCW.
28.3 This indemnification and waiver shall survive the termination of this Agreement.
29. VENUE AND ATTORNEYS FEES
29.1 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, Washington Superior
Court. Further, the Parties further agree that each will be solely responsible for payment of
its own attorneys fees, witness fees, and costs.
30. INDEPENDENT CONTRACTOR
30.1 The AGENCY shall be deemed an independent contractor for all purposes under
this Agreement, and the employees of the AGENCY or any of its consultants, and the
employees thereof, shall not in any manner be deemed to be employees or agents of the
STATE.
31. WORKING DAYS
Working days for this Agreement are defined as Monday through Friday, excluding
Washington State holidays per RCW 1.16.050.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the
Party's date last signed below.
AGREEMENT GCB 2341 Page 8 of 9
CITY OF PASCO
Name U1�VG e
C M�krlA-�e,�
Title
MaA4 Z,
Date
APPROV AS TO FORM:
City Attorney
4-'S -'ala
Date
AGREEMENT GCB 2341
WASHINGTON STATE
DEPARTMENT OF TRANSPORTATION
W. Brian White, P.E.
SCR Interim Regional Administrator
S /R /l�
Date
Page 9 of 9
AGREEMENT GCB 2341
EXHIBIT "B" - COST ESTIMATE
US 397 Oregon Ave Improvements (Phase 1 - A Street To James Street)
Estimate
ITEM
NO. ITEM AMOUNT
0001 Agreement/Monitoring $1,000.00
0002 PS&E Reviews $1,500.00
0003 Construction Oversite by Field Office $33,000.00
0004 Admistrative Overhead (10.36%) $3,700.00
BASE TOTAL $39,200.00
AGREEMENT TOTAL THRESHOLD
(BASE TOTAL Cost for Agreement plus 25%) $49,000.00
If it is anticipated that this threshold will be exceeded, the Project Manager
must initiate a Supplemental Agreement.
Agreement 2116 Exhibit "B" Sheet 1 of 1
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