HomeMy WebLinkAboutTrans 2007-02-26 Item 3B - Agreement - I-405, I-5 to SR 169 Widening with WA State Department of Transportation (WSDOT)
INFORMATION MEMO
To:
From:
Date:
Subject:
Mayor Mullet
Public W orks Directo~
February 22,2007
1-405.1-5 to SR 169 Widenine: Proiect - Cooperative Ae:reement
ISSUE
Cooperative Agreement between Tukwila and WSDOT for the 1-405 Widening Project Design-
Build process.
BACKGROUND
On March, 25, 2004, the City and WSDOT entered into a Memorandum of Understanding that
described how the two agencies would cooperate during design and construction of the 1-405
Widening Project. In that MOU, it was acknowledged that future, more detailed agreements
would be necessary throughout the length of this complex project. The original MOU intended to
establish the "ground rules" for both Tukwila and WSDOT to follow.
ANALYSIS
The 1-405 Widening Project is about to enter into it's next phase, moving from the very
preliminary design and into the design-build portion. The Request for Qualifications of Design-
Build teams was published on November 8, 2006. WSDOT anticipates that they will have
selected the Design-Build team this coming spring and the work will begin on July 1, 2007.
Actual work on 1-405 is anticipated to begin in early-mid 2008.
The attached draft Cooperative Agreement was originally presented to the Transportation
Committee in November 2006. It formalizes the decisions that WSDOT has made on the
preliminary design, which has included public comment and close coordination with Tukwila staff
and elected and appointed officials. The Cooperative Agreement further outlines how
communication will be done throughout the remaining Design-Build process.
Comments were made by the Committee in November and have been incorporated. Additionally,
the City Attorney's office has reviewed and commented on the agreement and those edits have
been made. WSDOT Headquarters as well as the Attorney General's office have also reviewed
the agreement.
RECOMMENDATION
Authorize Mayor to sign Cooperative Agreement between Tukwila and WSDOT for the 1-405
Widening Project Design-Build process.
\\tuk2\voll \pubworks\cyndy\i-405\information memo i-405 cooperative agreement 2-20-07.doc
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3 Washington State Department of Transportation
4 and:the City of Tukwila
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6 COOPERATIVE AGREEMENT
7 For DESIGN and CONSTRUCTION of the
8 1-405/1-5 TO SR 169 STAGE 1 - WIDENING PROJECT
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11 This Cooperative Agreement for Design and Construction of the 1-405/1-5 to SR 169
12 Stage 1 - 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."
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18 WHEREAS, the STATE, in the interest of providing congestion relief in the 1-405
19 Corridor, proposes improvements along 1-405 within the CITY in a project known as the "1-
20 405/1-5 to SR 169 Stage 1 - Widening Project," hereinafter referred to as the "PROJECT"; and
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22 WHEREAS, the proposed PROJECT will require the STATE to perform certain work on
23 the CITY's facilities; and
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25 WHEREAS, the STATE, having secured funding for the PROJECT, is willing to
26 undertake the construction of said PROJECT; and
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28 WHEREAS, the STATE will construct the PROJECT using the design-build method of
29 project delivery; and
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31 WHEREAS, the design-build method of project delivery is flexible and allows for the
32 development and finalization of the design after the contract is awarded, unlike the typical
33 design-bid-build method ofproject delivery; and
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35 WHEREAS, the PARTIES understand that the PROJECT design will be further
36 developed and finalized after the contract is awarded; and
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38 WHEREAS, the PARTIES executed a Memorandum of Understanding on March 25,
39 2004, that describes the PARTIES' cooperation during design and construction of the PROJECT;
40 and
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42 WHEREAS, the PARTIES desire to formally define communication channels and roles
43 that are included in said Memorandum of Understanding; and
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45 WHEREAS, the PARTIES desire this AGREEMENT to define the roles and
46 responsibilities of the PARTIES related to design and construction of the PROJECT; and
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WHEREAS, the PARTIES recognize that future supplements or amendments to this
AGREEMENT, or other new agreements, may be necessary to record final design decisions and
define cost estimates related to the design and construction of the PROJECT;
NOW, THEREFORE, by virtue of Revised Code of Washington (RCW) 47.28.140 and in
consideration of the terms, conditions, covenants, and performances contained herein, or
attached and incorporated and made a part hereof, it is mutually agreed as follows:
1.0 GENERAL
1.1 The STATE will construct improvements along the 1-405 Corridor, the general limits of
which are described in Exhibit A, attached hereto and by this reference made part of this
AGREEMENT.
1.2 The CITY and its Tukwila Advisory Committee (T AC), consisting of the Senior
Transportation Engineer and the Acting City Engineer, and the STATE 1-405 Project
Director and his direct reports, have had ongoing communication and negotiations that
have resulted in many design decisions for elements within the PROJECT. These
elements are incorporated into this AGREEMENT, its supplements, or amendments, or
will be incorporated into contract, and other related agreements for this design-build
PROJECT.
2.0 ROLES
2.1 The PARTIES acknowledge that the STATE will enter into future contractual
agreement(s) with a design-builder, hereinafter referred to as the "DESIGN-BUILDER,"
for design and construction of the PROJECT. Therefore, the CITY agrees to direct all
communication related to specific aspects ofthe PROJECT through the appropriate
STATE representatives, as follows:
a. Construction: 1-405 Project Engineer
b. Design During Construction: 1-405 Project Engineer
c. Traffic Control: 1-405 Project Engineer
d. Public Information: 1-405 Project Engineer
e. All Other Inquiries: 1-405 Project Manager
2.2 The PARTIES recognize the importance of timeliness in reviews, avoidance of delays,
and minimizing costs for the PROJECT, and the mutual benefit provided in shortening
plan and proposal review times. To that end, the PARTIES commit to reviewing and
returning submittals within ten (10) business days.
2.3 The PARTIES agree to bear the entire cost of their employees who are necessary to fulfill
their roles and responsibilities as identified in this AGREEMENT.
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92 2.4 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.
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98 2.5 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 web site or for inclusion in the CITY newsletter.
102
103 3.0 DESIGN
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105 3.1 All plans for the PROJECT will follow the 1-405 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.
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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 1-405 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.
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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.
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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 ST ATE representative with the
li3 STATE's DESIGN-BUILDER. The STATE agrees to meet in a cooperative spirit to
124 review and discuss the proposed change.
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126 3.4.1 If the STATE determines the proposed change to be feasible and appropriate, the
127 PARTIES shall negotiate the responsibilities for payment of costs associated with the
128 requested change based on the benefits of the proposed change to each P ARTY as
129 well as the PARTIES' respective legal obligations.
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131 3.4.1.1 If the PARTIES can mutually agree on payment responsibilities, the STATE
132 will implement the change.
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134 3.4.1.2 If the PARTIES cannot mutually agree on payment responsibilities, the
135 PARTIES will work collaboratively toward resolution at the lowest
136 organizational level using the dispute resolution guidelines outlined in Section
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7.0.
3.4.2 The consideration of potential schedule delays, which may result in additional cost,
will be of paramount importance to both PARTIES, with reducing cost as the primary
goal and acknowledged mutual benefit.
3.5
The STATE will provide the CITY with design development level plans for review. The
CITY will review the plans for conformance with the appropriate STATE and applicable
CITY regulations. The CITY agrees to complete the review within ten (10) business
days from receipt of the plans.
4.0
UTILITIES
4.1
All utility work necessary for the PROJECT will be in accordance with the terms of the
applicable utility permit or utility franchise.
4.2
Any protection or relocation of utilities required by the construction of the PROJECT and
responsibility for the associated costs will be covered under a separate agreement.
5.0
TRAFFIC CONTROL AND DETOUR PLAN APPROVAL PROCESS
5.1
The STATE, working with its DESIGN-BUILDER, shall submit proposed road closures,
detours, and traffic control plans involving CITY streets to the T AC for approval. The
CITY shall review each submittal and return it to the STATE within ten (10) business
days after receipt of plans, indicating either "approved," "approved with comments," or
"not approved, contractor to revise and resubmit."
5.2
The STATE will not permit its DESIGN-BUILDER to close any part of any local road
from the third Thursday in November to the following second day in January. The
STATE shall notify the T AC and CITY emergency services on the 9-1-1 line 48 hours
prior to any 1-405 lane closures.
6.0
PERMITS
The STATE, and/or its DESIGN-BUILDER, shall apply for and obtain all necessary
permits or variances for work within the corporate limits of the CITY and regulated by
the CITY, including, but not limited to, the following:
a. Exceptions to the hours for development activity (per Tukwila Municipal Code).
b. Noise variance approvals (per Tukwila Municipal Code).
c. Right-of-way use permit, which includes all utility and road construction work
within the CITY's right-of-way. This includes, but is not limited to, review of
haul routes, proposed road closures, and design and construction of sewers,
utilities, road grades, sidewalks, curbs, driveway curb cuts, pavement sections,
etc.
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DISPUTES
In the event that a dispute arises under this AGREEMENT, the PARTIES shall work
collaboratively toward resolution using the following guidelines at the lowest
organizational level.
7.1.1 Informal Resolution. The TAC, under direction from the CITY, and the STATE's 1-
405 Project Engineer shall jointly cooperate to informally resolve any disputes as
quickly and efficiently as possible. If dispute resolution is not successful at this level,
the CITY's Public Works Director and the STATE's 1-405 Project Manager shall
jointly cooperate to informally resolve any dispute.
7.1.2 Written Notice. Ifunresolved, the CITY's Public Works Director and the STATE's
1-405 Project Director shall notify each other in writing of any dispute needing
resolution. They shall meet together with appropriate staff from the CITY and
STATE within three (3) business days of receiving the written notice in order to
resolve the dispute to the satisfaction of both PARTIES. Each PARTY agrees to
compromise to the fullest extent possible in resolving the dispute in order to avoid
delays and minimize PROJECT costs.
7.1.3 Dispute Resolution Panel. If still unresolved, the CITY's Public Works Director and
the STATE's 1-405 Project Director shall each appoint a member to a dispute
resolution panel, hereinafter referred to as the "PANEL." These two members shall
select a third member not affiliated with either PARTY. The decision made by the
three member PANEL shall be final and binding on the PARTIES to this
AGREEMENT.
7.1.4 Compensation for the PANEL members and the expenses of operation of the PANEL
shall be shared by the CITY and the STATE in accordance with the following:
a. The STATE and the CITY shall each pay the costs for its appointed member
of the PANEL.
b. The STATE and the CITY shall each pay fifty (50) percent of the costs for the
third member of the PANEL.
c. The STATE will provide administrative services, such as conference facilities
and secretarial services to the PANEL, and the STATE will bear the costs for
this service.
INDEMNIFICATION AND HOLD HARMLESS
Each PARTY shall protect, defend, indemnify, and save harmless the other PARTY, 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,
each PARTY's own acts or omissions. No PARTY will be required to indemnify,
defend, or save harmless the other PARTY if the claim, suit, or action for injuries, death,
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or damages (both to persons and/or property) is caused by the sole negligence of the other
PARTY, its officers, officials, employees, and agents, while acting within the scope of
their employment as such. Where such claims, suits, or actions result from the
concurrent negligence of the PARTIES, the indemnity provided herein shall be valid and
enforceable only to the extent of a P ARTY's own negligence.
The STATE and the CITY agree that their 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. For this purpose, the PARTIES, by mutual negotiation, hereby waive, with
respect to the other PARTY only, any immunity that would otherwise be available
against such claims under the Industrial Insurance provisions of Title 51 RCW.
In the event either PARTY incurs any judgment, award, and/or cost arising here from,
including attorneys' fees, to enforce the provisions of this Section, all such fees,
expenses, and costs shall be recoverable from the other PARTY.
This indemnification and waiver shall survive the termination of this AGREEMENT.
AMENDMENT
Either PARTY may request modifications in these provisions. Such modifications,
which shall be mutually agreed upon, shall be incorporated as written amendments to this
AGREEMENT. No variation or alteration of the terms of this AGREEMENT shall be
valid unless made in writing and signed by authorized representatives of the PARTIES
hereto.
ALL WRITINGS CONTAINED HEREIN
This AGREEMENT contains all the terms and conditions agreed upon by the PARTIES
to this AGREEMENT. No other understanding, oral or otherwise, regarding the subject
matter ofthis AGREEMENT shall be deemed to exist or to bind any of the PARTIES
hereto.
GOVERNANCE
This AGREEMENT is entered into pursuant to, and under the authority granted by, the
laws ofthe State of Washington and applicable federal laws. The provisions of this
AGREEMENT shall be construed to conform to those laws.
EFFECTIVENESS AND DURATION
This AGREEMENT is effective upon execution by both PARTIES and shall remain in
effect through the PROJECT construction contract.
SEVERABILITY
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If any provision of this AGREEMENT, or any provision of any document incorporated
by reference, shall be held invalid, such invalidity shall not affect the other provisions of
this AGREEMENT that can be given effect without the invalid provision, if such
remainder conforms to the requirements of applicable law and the fundamental purpose
ofthis AGREEMENT, and to this end the provisions of this AGREEMENT are declared
to be severable.
14.0 TERMINATION
This AGREEMENT may be terminated by the STATE upon sixty (60) calendar days'
written notice.
15.0 VENUE
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 hereto agree
that any such action or proceeding shall be brought in a court of competent jurisdiction
situated in Thurston County, Washington, and only upon exhaustion of the dispute
resolution process outlined in Section 7.0 of this AGREEMENT.
IN WITNESS WHEREOF, the PARTIES hereto have executed this AGREEMENT as of the
latest date written below:
CITY OF TUKWILA
STATE OF WASHINGTON
DEPARTMENT OF TRANSPORTATION
By
Steven Mullet
City Mayor
By
Kim Henry
STATE, Project Director
1-405 Congestion Relief and
Bus Rapid Transit Project
Date
Date
APPROVED AS TO FORM:
APPROVED AS TO FORM:
By (print)
By (print)
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321 Signature
322 City Attorney
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326 Date
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Signature
Assistant Attorney General
Office of the Attorney General
Date
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327 EXHIBIT A
328 GENERAL PROJECT DESCRIPITON
329
330 . General elements of the PROJECT in Tukwila include the following.
331 0 Add one general-purpose lane northbound and southbound on 1-405 from the 1-5
.332 Interchange to the eastern CITY limits.
333 0 Add approximately one foot of width to each side of the 1-405 Bridge over the
334 BNSF Railway and Union Pacific railroads.
335 0 The widening described above is anticipated to widen the existing 1-405 roadway
336 without rebuilding the 61 st Avenue Bridge, the 66th Avenue Bridge, any of the
337 bridges over the Green River or the 1-405 Bridge over SR 181. It is anticipated
338 that non-standard lane and shoulder widths will be incorporated on 1-405 through
339 Tukwila.
340 0 Rebuild the on-ramp between Tukwila Parkway and northbound 1-405.
341 0 Construct a drainage pond within the 1-40511-5 Interchange.
342
343 . For informational purposes, the other elements of the PROJECT in Renton include the
344 following:
345 0 Add one general-purpose lane northbound and southbound on 1-405 from the
346 eastern Tukwila city limits to SR 167.
347 0 Add one general-purpose lane northbound and southbound on 1-405 from SR 167
348 to SR 169.
349 0 Extend the southbound auxiliary lane on SR 167 from 1-405 to the SW 41 st Street
350 exit and extend the southbound SR 167 High Occupancy Vehicle lane north to 1-
351 405.
352 0 Minor widening of the 1-405 Bridge over Talbot Road.
353 0 Reconstruct the existing Benson Road Bridge.
354 0 The widening described above is anticipated to widen the existing 1-405 roadway
355 without rebuilding the Lind Avenue Bridge, the 1-405 Bridge over SR 167, the
356 Cedar and Renton Avenue bridges, or the bridge over the Cedar River. It is
357 anticipated that non-standard lane and shoulder widths will be used on 1-405
358 through Renton.
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