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HomeMy WebLinkAbout07-056 - WA State Department of Transportation (WSDOT) - I-405 Widening Project Cooperative Agreement AGE I GCA -5099 2 3 Washington State Department of Transportation 4 and the City of Tukwila 5 6 COOPERATIVE AGREEMENT 7 For DESIGN and CONSTRUCTION of the 8 I- 405/I -5 TO SR 169 STAGE 1 WIDENING PROJECT 9 10 11 This Cooperative Agreement for Design and Construction of the I- 405/I -5 to SR 169 12 Stage I Widening Project, hereinafter referred to as the "AGREEMENT," is made and entered 13 into by the CITY OF TUKWILA, a municipal corporation, hereinafter referred to as the "CITY," 14 and the STATE OF WASHINGTON, DEPARTMENT OF TRANSPORTATION, hereinafter 15 referred to as the "STATE," collectively referred to as the "PARTIES" and individually referred 16 to as "PARTY 17 18 WHEREAS, the STATE, in the interest of providing congestion relief in the I -405 19 Corridor, proposes improvements along I -405 within the CITY in a project known as the "I- 20 405/I -5 to SR 169 Stage 1 Widening Project," hereinafter referred to as the "PROJECT and 21 22 WHEREAS, the proposed PROJECT will require the STATE to perform certain work on 23 the CITY's facilities, and 24 25 WHEREAS, the STATE, having secured funding for the PROJECT, is willing to 26 undertake the construction of said PROJECT, and 27 28 29 WHEREAS, the STATE will construct the PROJECT using the design -build method of 30 project delivery; and 31 32 WHEREAS, the design -build method of project delivery is flexible and allows for the 33 development and finalization of the design after the contract is awarded, unlike the typical 34 design -bid -build method of project delivery; and 35 36 WHEREAS, the PARTIES understand that the PROJECT design will be further 37 developed and finalized after the contract is awarded, and 38 39 WHEREAS, the PARTIES executed a Memorandum of Understanding on March 25, 40 2004, that describes the PARTIES' cooperation during design and construction of the PROJECT, 41 and 42 43 WHEREAS, the PARTIES desire to formally define communication channels and roles 44 that are included in said Memorandum of Understanding; and 45 GCA 5099 1 of 8 46 WHEREAS, the PARTIES desire this AGREEMENT to define the roles and 47 responsibilities of the PARTIES related to design and construction of the PROJECT, and 48 49 WHEREAS, the PARTIES recognize that future supplements or amendments to this 50 AGREEMENT, or other new agreements, may be necessary to record final design decisions and 51 define cost estimates related to the design and construction of the PROJECT, 52 53 NOW, THEREFORE, by virtue of Revised Code of Washington (RCW) 47.28 140 and in 54 consideration of the terms, conditions, covenants, and performances contained herein, or 55 attached and incorporated and made a part hereof, it is mutually agreed as follows 56 57 1.0 GENERAL 58 59 1 1 The STATE will construct improvements along the I -405 Corridor, the general limits of 60 which are described in Exhibit A, attached hereto and by this reference made part of this 61 AGREEMENT 62 63 1.2 The CITY and its Tukwila Advisory Committee (TAC), consisting of the Senior 64 Transportation Engineer and the Acting City Engineer and the STATE 1 -405 Project 65 Director and his direct reports, have had ongoing communication and negotiations that 66 have resulted in many design decisions for elements within the PROJECT, which are 67 incorporated into this AGREEMENT, its supplements, or amendments, or will be 68 incorporated into contract, and other related agreements for this design -build PROJECT 69 70 2.0 ROLES 71 72 21 The PARTIES acknowledge that the STATE will enter into future contractual 73 agreement(s) with a design- builder, hereinafter referred to as the "DESIGN- BUILDER," 74 for design and construction of the PROJECT Therefore, the CITY agrees to direct all 75 communication related to specific aspects of the PROJECT through the appropriate 76 STATE representatives, as follows 77 78 a. Construction. 1 -405 Project Engineer 79 b Design During Construction. 1 -405 Project Engineer 80 C. Traffic Control 1 -405 Project Engineer 81 d. Public Information. 1 -405 Project Engineer 82 e. All Other Inquiries 1 -405 Project Manager 83 84 2.2 The PARTIES recognize the importance of timeliness in reviews, avoidance of delays, 85 and minimizing costs for the PROJECT, and the mutual benefit provided in shortening 86 plan and proposal review times. To that end, the PARTIES commit to reviewing and 87 returning submittals within ten (10) business days. 88 89 2.3 The PARTIES agree to bear the entire cost of their employees who are necessary to fulfill 90 their roles and responsibilities as identified in this AGREEMENT 91 GCA 5099 2 of 8 92 24 The CITY agrees to have their TAC assist in expediting CITY review and approval of all 93 design -build submittals that are required to be made to the CITY, such as, but not limited 94 to, detour and traffic control plans, noise variance requests, and right -of -way use permits. 95 The STATE, working with its DESIGN BUILDER, shall make all submittals directly to 96 the CITY for review 97 98 25 The STATE agrees to make presentations to the CITY when requested to do so by the 99 CITY In addition, the STATE agrees to provide PROJECT updates to CITY staff on a 100 monthly basis. These updates will include PROJECT milestones and will be in a format 101 suitable for posting on the CITY website or for inclusion in the CITY newsletter 102 103 3.0 DESIGN 104 105 3 1 All plans for the PROJECT will follow the I -405 Plan Preparation Manual using STATE 106 design standards within limited access areas and CITY design standards for CITY streets 107 outside of limited access areas. 108 109 3.2 The PARTIES have agreed to the aesthetic elements identified and described in the 110 Context Sensitive Solutions (CSS) Guidelines, hereinafter referred to as the "CSS 111 GUIDELINES," and agree that, for the PROJECT, the aesthetic treatments of Master 112 Plan compatible elements viewed from I -405 and incorporated into the PROJECT will 113 conform to the CSS GUIDELINES The PARTIES understand that the engineering 114 details of aesthetic elements identified in the CSS GUIDELINES are undergoing final 115 review and that this review will not change the concepts developed during the CSS 116 process. 117 118 3.3 If the STATE's DESIGN BUILDER proposes a design change to an element within the 119 CITY's corporate limits, the STATE agrees to present the change to the CITY for review 120 121 3 4 If the CITY proposes a change to a design element within the CITY's corporate limits, 122 the CITY shall request a meeting through the appropriate STATE representative with the 123 STATE's DESIGN BUILDER. The STATE agrees to meet in a cooperative spirit to 124 review and discuss the proposed change. If the STATE determines the proposed change 125 to be feasible and appropriate, the PARTIES shall negotiate the responsibilities for 126 payment of costs associated with the requested change based on the benefits of the 127 proposed change to each PARTY as well as the PARTIES respective legal obligations. If 128 the PARTIES can mutually agree on payment responsibilities, the STATE will 129 implement the change. If the PARTIES cannot mutually agree on payment 130 responsibilities, the PARTIES will work collaboratively toward resolution at the lowest 131 organizational level using the dispute resolution guidelines outlined in Section 7 0 The 132 consideration of potential schedule delays, which may result in additional cost, will be of 133 paramount importance to both PARTIES, with reducing cost as the primary goal and 134 acknowledged mutual benefit. 135 136 3 5 The STATE will provide the CITY with design development level plans for review The 137 CITY will review the plans for conformance with the appropriate STATE and applicable GCA 5099 3 of 8 138 CITY regulations. The CITY agrees to complete the review within ten (10) business 139 days from receipt of the plans. 140 141 40 UTILITIES 142 143 41 All utility work necessary for the PROJECT will be in accordance with the terms of the 144 applicable utility permit or utility franchise. 145 146 4.2 Any protection or relocation of utilities required by the construction of the PROJECT and 147 responsibility for the associated costs will be covered under a separate agreement. 148 149 5.0 TRAFFIC CONTROL AND DETOUR PLAN APPROVAL PROCESS 150 151 5 1 The STATE, working with its DESIGN BUILDER, shall submit proposed road closures, 152 detours, and traffic control plans involving CITY streets to the TAC for approval. The 153 CITY shall review each submittal and return it to the STATE within ten (10) business 154 days after receipt of plans, indicating either "approved," "approved with comments," or 155 "not approved, contractor to revise and resubmit." 156 157 5.2 The STATE will not permit its DESIGN BUILDER to close any part of any local road 158 from the third Thursday in November to the following second day in January The 159 STATE shall notify the TAC and CITY emergency services on the 9 -1 -1 line 48 hours 160 prior to any I -405 lane closures. 161 162 6.0 PERMITS 163 164 61 The STATE, and /or its DESIGN BUILDER, shall apply for and obtain all necessary 165 permits or variances for work within the corporate limits of the CITY and regulated by 166 the CITY, including, but not limited to, the following: 167 168 a. Exceptions to the hours for development activity (per Tukwila Municipal Code) 169 b Noise variance approvals (per Tukwila Municipal Code) 170 C. Right -of -way use permit, which includes all utility and road construction work 171 within the CITY's right -of -way This includes, but is not limited to, review of 172 haul routes, proposed road closures, and design and construction of sewers, 173 utilities, road grades, sidewalks, curbs, driveway curb cuts, pavement sections, 174 etc. 175 176 70 DISPUTES 177 178 71 In the event that a dispute arises under this AGREEMENT, the PARTIES shall work 179 collaboratively toward resolution using the following guidelines at the lowest 180 organizational level. 181 182 71 1 Informal Resolution. The TAC, under direction from the CITY, and the STATE's I- 183 405 Project Engineer shall jointly cooperate to informally resolve any disputes as GCA 5099 4 of 8 184 quickly and efficiently as possible. If dispute resolution is not successful at this level, 185 the CITY's Public Works Director and the STATE's 1 -405 Project Manager shall 186 jointly cooperate to informally resolve any dispute. 187 188 71.2 Written Notice. If unresolved, the CITY's Public Works Director and the STATE's 189 1 -405 Project Director shall notify each other in writing of any dispute needing 190 resolution. They shall meet together with appropriate staff from the CITY and 191 STATE within three (3) business days of receiving the written notice in order to 192 resolve the dispute to the satisfaction of both PARTIES Each PARTY agrees to 193 compromise to the fullest extent possible in resolving the dispute in order to avoid 194 delays and minimize PROJECT costs. 195 196 7 1.3 Dispute Resolution Panel. If still unresolved, the CITY's Public Works Director and 197 the STATE's I -405 Project Director shall each appoint a member to a dispute 198 resolution panel, hereinafter referred to as the "PANEL." These two members shall 199 select a third member not affiliated with either PARTY The decision made by the 200 three member PANEL shall be final and binding on the PARTIES to this 201 AGREEMENT 202 203 204 714 Compensation for the PANEL members and the expenses of operation of the PANEL 205 shall be shared by the CITY and the STATE in accordance with the following: 206 207 a. The STATE and the CITY shall each pay the costs for its appointed member 208 of the PANEL. 209 b The STATE and the CITY shall each pay fifty (50) percent of the costs for the 210 third member of the PANEL. 211 C. The STATE will provide administrative services, such as conference facilities 212 and secretarial services to the PANEL, and the STATE will bear the costs for 213 this service. 214 215 8.0 INDEMNIFICATION AND HOLD HARMLESS 216 217 8 1 Each PARTY shall protect, defend, indemnify, and save harmless the other PARTY, its 218 officers, officials, employees, and agents, while acting within the scope of their 219 employment as such, from any and all costs, claims, judgments, and /or awards of 220 damages (both to persons and /or property), ansing out of, or in any way resulting from, 221 each PARTY's own acts or omissions. No PARTY will be required to indemnify, 222 defend, or save harmless the other PARTY if the claim, suit, or action for injuries, death, 223 or damages (both to persons and /or property) is caused by the sole negligence of the other 224 PARTY, its officers, officials, employees, and agents, while acting within the scope of 225 their employment as such. Where such claims, suits, or actions result from the 226 concurrent negligence of the PARTIES, the indemnity provided herein shall be valid and 227 enforceable only to the extent of a PARTY's own negligence. 228 GCA 5099 5 of 8 229 8.2 The STATE and the CITY agree that their obligations under this Section extend to any 230 claim, demand, and /or cause of action brought by, or on behalf of, any of its employees 231 or agents. For this purpose, the PARTIES, by mutual negotiation, hereby waive, with 232 respect to the other PARTY only, any immunity that would otherwise be available 233 against such claims under the Industrial Insurance provisions of Title 51 RCW 234 235 8.3 In the event either PARTY incurs any judgment, award, and /or cost ansing herefrom, 236 including attorneys' fees, to enforce the provisions of this Section, all such fees, 237 expenses, and costs shall be recoverable from the other PARTY 238 239 84 This indemnification and waiver shall survive the termination of this AGREEMENT 240 241 9.0 AMENDMENT 242 243 91 Either PARTY may request modifications in these provisions. Such modifications, 244 which shall be mutually agreed upon, shall be incorporated as written amendments to this 245 AGREEMENT No variation or alteration of the terms of this AGREEMENT shall be 246 valid unless made in writing and signed by authorized representatives of the PARTIES 247 hereto 248 249 10.0 ALL WRITINGS CONTAINED HEREIN 250 251 101 This AGREEMENT contains all the terms and conditions agreed upon by the PARTIES 252 to this AGREEMENT No other understanding, oral or otherwise, regarding the subject 253 matter of this AGREEMENT shall be deemed to exist or to bind any of the PARTIES 254 hereto 255 256 11.0 GOVERNANCE 257 258 11 1 This AGREEMENT is entered into pursuant to, and under the authority granted by, the 259 laws of the State of Washington and applicable federal laws. The provisions of this 260 AGREEMENT shall be construed to conform to those laws. 261 262 12.0 EFFECTIVENESS AND DURATION 263 264 12.1 This AGREEMENT is effective upon execution by both PARTIES and shall remain in 265 effect through the PROJECT construction contract. 266 267 130 SEVERABILITY 268 269 13 1 If any provision of this AGREEMENT, or any provision of any document incorporated 270 by reference, shall be held invalid, such invalidity shall not affect the other provisions of 271 this AGREEMENT that can be given effect without the invalid provision, if such 272 remainder conforms to the requirements of applicable law and the fundamental purpose 273 of this AGREEMENT, and to this end the provisions of this AGREEMENT are declared 274 to be severable. GCA 5099 6 of 8 275 276 14.0 TERMINATION 277 278 141 This AGREEMENT may be terminated by the STATE upon sixty (60) calendar days' 279 written notice. 280 281 15.0 VENUE 282 283 151 In the event that either PARTY deems it necessary to institute legal action or proceedings 284 to enforce any right or obligation under this AGREEMENT, the PARTIES hereto agree 285 that any such action or proceeding shall be brought in a court of competent jurisdiction 286 situated in Thurston County, Washington, and only upon exhaustion of the dispute 287 resolution process outlined in Section 7 0 of this AGREEMENT 288 289 IN WITNESS WHEREOF, the PARTIES hereto have executed this AGREEMENT as of the 290 latest date written below 291 292 CITY OF TUKWILA STATE OF WASHINGTON 293 DEPAR MENT �RANSPORTATION 294 295 �;G,.�.,,� i�1►'v� %l�wr 296 Uy 297 Steven Mullet Kim Henry 298 City Mayor STATE, Project Director 299 I -405 Congestion Relief and 300 Bus Rapid Transit Project 301 302 C 77ki �Q� 31z- 303 Date Date 304 305 306 APPROVED AS TO FORM APPROVED AS TO FORM. 308 C le( to u K e— rs6a (.c— ke- J) T� CL V1 309 By (print) By (print) 31 1 312 313 S71gnaturel� Signature 314 City Attorney Assistant Attorney General 315 Office of the Attorney General 316 317 -5 6� /&-7/, 318 Date Date GCA 5099 7 of 8 319 EXHIBIT A 320 GENERAL PROJECT DESCRIPITON 321 322 General elements of the PROJECT in Tukwila include the following. 323 o Add one general purpose lane northbound and southbound on I -405 from the I -5 324 Interchange to the eastern CITY limits. 325 o Add approximately one foot of width to each side of the 1 -405 Bridge over the 326 BNSF Railway and Union Pacific railroads 327 o The widening described above is anticipated to widen the existing I -405 roadway 328 without rebuilding the 61 Avenue Bridge, the 66 Avenue Bridge, any of the 329 bridges over the Green River or the I -405 Bridge over SR 181 It is anticipated 330 that non standard lane and shoulder widths will be incorporated on 1 -405 through 331 Tukwila. 332 o Rebuild the on -ramp between Tukwila Parkway and northbound I -405 333 o Construct a drainage pond within the I- 405/1 -5 Interchange. 334 335 For informational purposes, the other elements of the PROJECT in Renton include the 336 following: 337 o Add one general purpose lane northbound and southbound on 1 -405 from the 338 eastern Tukwila city limits to SR 167 339 o Add one general purpose lane northbound and southbound on I -405 from SR 167 340 to SR 169 341 o Extend the southbound auxiliary lane on SR 167 from I -405 to the SW 41" Street 342 exit and extend the southbound SR 167 High Occupancy Vehicle lane north to I- 343 405 344 o Minor widening of the 1 -405 Bridge over Talbot Road. 345 o Reconstruct the existing Benson Road Bridge. 346 o The widening described above is anticipated to widen the existing I -405 roadway 347 without rebuilding the Lind Avenue Bridge, the 1 -405 Bridge over SR 167, the 348 Cedar and Renton Avenue bridges, or the bridge over the Cedar River It is 349 anticipated that non standard lane and shoulder widths will be used on I -405 350 through Renton. 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