HomeMy WebLinkAbout16-127 - WA State Department of Transportation (WSDOT) - Boeing Access Road Bridge Deck Rehabilitation16 -127
Council Approval N/A
Washington State
�� Department of Transportation
Construction Agreement
Construction by Local Agency on
State Highway Right of Way at
Local Agency Expense
Local Agency
Contact Name Robin Tischmak
Title City Engineer
Address
6300 Southcenter Boulevard
Tukwila, WA 98188
Phone 206 - 431 -2455 Email Robin.Tischmak @TukwilaWA.gov
Local Agency
CITY OF TUKWILA PUBLIC WORKS
Project Title
Boeing Access Road Bridge Deck Rehabilitation
Agreement Number
GCB 2453
Description of Improvements
Temporary right to enter the DEPARTMENT's property to
allow construction of the LOCAL AGENCY's planned .
bridge deck rehabilitation project. The Federal Aid
number for this project is BHM- 1380(003).
State Route Number
5
Mile Post
158.01 Left
Control Section
172704
Exhibits Attached
Exhibit "A ": Special Provisions
Exhibit "B ": Right -of -Way Plans
Exhibit "C" Plans.
Exhibit "D"
Exhibit "E"
STATE
LOCAL AGENCY
State Construction Representative
Ed Giraud
Local Agency Construction Representative
-Robin Tischmak
Title
LA &DS Construction Representative
Title
City Engineer
Address
WSDOT - NW Region
P.O. Box 330310 (MS 240)
15700 Dayton Avenue North
Shoreline, WA 98133
Address
City of Tukwila Public Works
6300 Southcenter Boulevard
Tukwila, WA 98188
Email Address
GiraudE @wsdot.wa.gov
Email Address
Robin.Tischmak @TukwilaWA.gov
Phone
Office: 206 - 440 -4709, Mobile: 206 - 940 -2737
Phone
•
206- 431 -2455
This Agreement is made and entered between the Washington State Department of Transportation (STATE) and the above named
governmental entity hereinafter called the "AGENCY."
WHEREAS, the AGENCY wishes to construct certain improvements on state highway right of way located within (a) a county, (b) a state
limited access facility inside city limits, or (c) on areas under state jurisdiction within city streets that form part of the state highway system,
(hereinafter, "Improvements "), and
WHEREAS, the STATE is willing to authorize the AGENCY to construct the Improvements subject to the terms and conditions identified in
this Agreement, and
W dP a 0.f6rAM
DOT Form 224 -032 EF
Revised 2/2015
Page 1
WHEREAS, in addition to the provisions below, construction, maintenance, and /or operation of the Improvements are subject to the
Special Provisions, attached as Exhibit A, which set forth AGENCY and Improvements requirements specific to the type of state highway
facility on which the Improvements will be constructed.
NOW, THEREFORE, pursuant to RCW 47.28.140, RCW 47.24.020, and /or chapter 39.34 RCW, the above recitals, which are
incorporated herein as if set forth below, and in consideration of the terms, conditions, covenants, and performances contained herein,
and in the Exhibits attached hereto and hereby made a part of this Agreement,
IT IS MUTUALLY AGREED AS FOLLOWS:
1.0 PURPOSE OF AGREEMENT
The AGENCY provided the STATE with its Plans and Specifications for the proposed Improvements, and the STATE has
reviewed and agreed with the plans and specifications, unless otherwise modified pursuant to the terms of this Agreement. The
AGENCY agrees to and shall construct, operate and /or maintain the Improvements in accordance with the terms of this
Agreement.
2.0 RIGHT OF ENTRY
2.1 AGENCY
Subject to the terms of this Agreement, the STATE hereby grants to the AGENCY, its authorized agents, contractors,
subcontractors, and employees, a right of entry upon state -owned highway right of way or upon state highway right of way under
STATE jurisdiction, onto which access is necessary to construct, operate and /or maintain the Improvements.
If the STATE has approved any limited access breaks for the Improvements, the AGENCY shall comply with the terms and
conditions of such approval.
2.2 STATE
The AGENCY hereby grants to the STATE, its employees, authorized agents, contractors, and subcontractors, a right of entry
upon all AGENCY -owned property necessary for the STATE's design review, inspection, and, as applicable, maintenance
and /or operation of the Improvements as provided in Section 6, below.
3.0 CONSTRUCTION
3.1 DOCUMENTS ON SITE
Copies of this Agreement shall be kept at the AGENCY's project office and by the AGENCY or its contractor at the construction
site. The Agreement shall be shown, upon request, to any state representative or law enforcement officer.
3.2. PRE - CONSTRUCTION CONFERENCE
Prior to the beginning of construction, a preconstruction conference shall be held at which the STATE, the AGENCY, and the
AGENCY's contractor (if applicable) shall be present. The AGENCY shall give a minimum of five (5) working days notice to the
STATE's construction representative prior to holding the pre- construction conference. For the purpose of this section, "working
days" are defined as Monday through Friday, excluding legal holidays.
3.3 CONSTRUCTION OF IMPROVEMENTS
3.3.1 The AGENCY shall construct the Improvements as shown on the attached Exhibits at the AGENCY's expense; STATE
shall not be required to contribute to the Improvements construction. Any proposed changes to the Improvements' plans or
specifications previously approved by the STATE require further STATE review and prior written approval before implementing
the changes.
3.3.2 The AGENCY agrees and shall construct the Improvements to the satisfaction of the STATE. All material and
workmanship shall conform to the Washington State Department of Transportation's Standard Specifications for Road, Bridge,
and Municipal Construction, current edition, and amendments thereto, and shall be subject to STATE inspection. The parties
agree that the STATE inspections and acceptances regarding the Improvements are solely for the benefit of the STATE and not
for the benefit of the AGENCY, the AGENCY's contractor (if any), or any third party.
3.3.3 No excavation shall be made or obstacle placed within the limits of the state - owned, or under state jurisdiction, highway
right of way in such a manner as to interfere with the construction of, operation of, maintenance of and /or travel over the state
highway, unless the AGENCY obtains the STATE's prior written authorization.
DOT Form 224 -032 EF
Revised 2/2015
Page 2
3.4 CONSTRUCTION SCHEDULE
In addition to the requirements in Section 3.2, the STATE may, at any time, request a construction schedule or updates thereto
from the AGENCY, showing critical dates and activities that will lead to the timely completion of the Improvements. The
AGENCY shall notify the STATE's construction representative of any changes to the construction schedule at least three (3)
working days prior to implementation. Working days are defined in Section 3.2.
3.5 LOCAL AGENCY REPRESENTATIVE
Should the AGENCY choose to perform the work outlined herein with other than its own forces, an AGENCY representative
shall be present on -site at all times during performance of the work, unless otherwise agreed to by the STATE. Where the
AGENCY chooses to perform the work with its own forces, it may elect to appoint one of its own employees engaged in the
construction as its representative. Should the AGENCY fail to comply with this section, the STATE, in its sole discretion, may
restrict any further AGENCY work within state highway right of way until the requirements of this section are met. All contact
between the STATE and the AGENCY's contractor shall be through an authorized representative of the AGENCY.
3.6 SUPERVISION OF WORK
The AGENCY, at its own expense, shall adequately police and supervise construction of the Improvements by itself, its
contractor, subcontractor, or agent, and others, so as not to endanger or injure any person or property. The AGENCY's
responsibility for the proper performance, safe conduct, and adequate policing and supervision of the work shall not be lessened
or otherwise affected by the STATE's review and concurrence with the AGENCY's plans, specifications, or work, or by the
STATE's construction representative's presence at the work site to assist in determining that the work and materials meet this
Agreement's requirements.
3.7 REQUIRED PERMITS
The AGENCY shall obtain all necessary Federal, State, and Local Permits including, but not limited to, permits required by the
Washington State Department of Ecology, the Washington State Department of Fish and Wildlife, U.S. Army Corps of
Engineers, and the National Environmental Policy Act (NEPA) prior to beginning construction.
3.8 COMPLIANCE WITH CLEAR ZONE GUIDELINES
The AGENCY hereby certifies that the Improvements described in this Agreement are in compliance with the State's Clear Zone
Guidelines as specified within the STATE's Utilities Manual (publication M 22- 87.01). If applicable, for Improvements
constructed within the AGENCY's city streets that form part of the state highway system, the AGENCY may apply its own clear
zone guidelines in lieu of the STATE's guidelines.
3.9 PROTECTION OF PROPERTY
Unless authorized by the STATE or other affected property owner in writing, the AGENCY shall assure that all public and private
property, including but not limited to signal equipment, signs, guide markers, lane markers, and utilities, are not damaged,
destroyed, or removed. If any such property is damaged, destroyed, or removed without prior written authorization, the
AGENCY shall notify the STATE's construction representative within eight (8) hours of such damage, destruction or removal.
The AGENCY shall replace, repair, or fully restore any private or public property that is damaged, destroyed, or removed to the
STATE's sole satisfaction.
The AGENCY shall not disturb, remove, or destroy any existing Survey Monument before first obtaining a Washington State
Department of Natural Resources (DNR) permit. The AGENCY agrees that resetting Survey Monuments shall be done by or
under the direct supervision of a Licensed Professional Land Surveyor.
A listing of Survey Monuments can be found at the STATE's Geographic Services Office Website: (http: / /www.wsdot.wa.
gov /monument/searchBroad.aspx).
3.10 CULTURAL RESOURCES
If any archaeological or historical resources are revealed in the work vicinity, the AGENCY shall immediately STOP work, notify
the STATE's construction representative and retain a US Secretary of the Interiors qualified archaeologist. Said archaeologist
shall evaluate the site and make recommendations to the STATE regarding the continuance of the work.
3.11 CLEAN UP
Upon completion of the work, the AGENCY shall immediately remove all rubbish and debris and shall leave the state highway
right of way neat and presentable to the STATE's sole satisfaction. AGENCY agrees to take corrective action if directed by the
STATE.
DOT Form 224 -032 EF
Revised 2/2015 Page 3
3.12 FAILURE TO COMPLETE PROJECT
Should for any reason, the AGENCY decide not to complete the Improvements in a timely manner after construction has begun,
the STATE shall determine what work must be completed to restore STATE facilities and right -of -way to a condition and
configuration that is safe for public use. If the AGENCY or its contractor is not able to restore the STATE facilities and right -of
way, the STATE may perform or contract to perform, the restoration work at the AGENCY's sole expense. The Agency agrees
that all costs associated with Agreement termination, including engineering, completing STATE facility and right -of way
restoration, and contractor claims will be the sole responsibility of the AGENCY.
This section shall survive Agreement termination.
4.0 ACCEPTANCE OF IMPROVEMENTS
4.1 FINAL INSPECTION
The AGENCY shall notify the STATE, in writing, of its completion of the Improvements within five (5) working days, as defined in
section 3.2, of such completion. The AGENCY shall include in the written notice a proposed date on which to meet with the
STATE for the purpose of conducting a final inspection of the Improvements.
The STATE will not make its final inspection of the Improvements until all AGENCY construction work required under this
Agreement has been completed.
4.2 STATE'S ACCEPTANCE
4.2.1 The STATE will provide the AGENCY with a Letter of Acceptance for the Improvements after the following items have been
completed:
(a) Satisfactory completion of the Improvements and all AGENCY obligations hereunder;
(b) Final inspection of the Improvements;
(c) Submittal by the AGENCY to the STATE of a complete set of as -built plans for the Improvements;
(d) Receipt of material acceptance documentation by the STATE (if required under the Special Provisions hereto); and
(e) Final payment pursuant to Section 7.
The Letter of Acceptance shall not waive any potential claims against the AGENCY or its contractor for defective work or
materials, nor bar the STATE from requiring the AGENCY to remedy any and all work deficiencies not identified by the STATE
during its inspection.
4.2.2 The STATE may withhold acceptance of the Improvements by submitting written notification, including the reason(s) for
withholding acceptance, to the AGENCY, within thirty (30) calendar days following the final inspection. The parties shall work
together in good faith to resolve the outstanding issues identified in the STATE's written notification. If any issues cannot be
resolved within forty five (45) calendar days after the STATE's notification, the parties mutually agree to seek resolution of the
issues through the process described in Section 8.7.
4.2.3 Upon resolution of the outstanding issues, the STATE will deliver the Letter of Acceptance to the AGENCY.
4.2.4 The AGENCY shall continue to be responsible for all actual direct and related indirect costs to the STATE, including
inspection and monitoring, until the disputed issue(s) has been resolved and a Letter of Acceptance has been issued.
5.0 INSURANCE AND INDEMNIFICATION
5.1 INSURANCE
The AGENCY must provide proof of the following insurance coverage prior to performing any work within state highway right of
way:
a) Commercial General Liability covering the risks of bodily injury (including death), property damage and personal injury,
including coverage for contractual liability; this coverage may be any combination of primary, umbrella and /or excess coverage
affording total liability limits of not less than $3 million per occurrence /$3 million general aggregate;
b) Business Automobile Liability (owned, hired, or non - owned) covering the risks of bodily injury (including death) and property
damage, including coverage for contractual liability; this coverage may be any combination of primary, umbrella and /or excess
coverage affording total liability limits of not less than $1 million per accident;
c) Employers Liability (Stop Gap) insurance covering the risks of AGENCY's employees' bodily injury by accident or disease with
limits of not less than $1 million per accident for bodily injury by accident and $1 million per employee for bodily injury by
disease;
DOT Form 224 -032 EF
Revised 2/2015
Page 4
Such insurance policies or related certificates of insurance shall name the Washington State Department of Transportation
(WSDOT) as an additional insured on all general liability, automobile liability, employers' liability, and excess policies, using
form CG 2010 11 85 or similar endorsement approved in advance by WSDOT. The additional insured coverage afforded shall
be "primary and non - contributory" with respect to any other coverage which may be available to WSDOT. All coverages
afforded to WSDOT as an additional insured shall also contain a waiver of subrogation endorsement made in favor of WSDOT.
The AGENCY may comply with these insurance requirements through a program of self insurance that meets or exceeds these
minimum limits. The AGENCY must provide the STATE with adequate documentation of self insurance prior to performing any
work within state highway right of way. Should the AGENCY no longer benefit from a program of self- insurance, the AGENCY
agrees to promptly obtain insurance as provided above. A forty -five (45) Calendar Day written notice shall be given to prior to
termination of or any material change to the policy(ies) as it relates to this Agreement.
5.2 INDEMNIFICATION
The AGENCY, its successors and assigns, agree to indemnify, defend, and hold harmless the State of Washington and its
officers and 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 agents, contractors, and /or
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 contractors, agents, and /or employees. The AGENCY,
its successors and 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, 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 agents, contractors,
and /or 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 concurrent acts or omissions of the State of Washington, its officers and employees
and the AGENCY, its agents, contractors, and /or employees.
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 construction, operation and /or maintenance of the Improvements
under this Agreement. 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.
This indemnification and waiver shall survive the termination of this Agreement.
6.0 MAINTENANCE
6.1 GENERAL MAINTENANCE RESPONSIBILITIES
Unless otherwise agreed to pursuant to a separate written agreement between the STATE and AGENCY, upon completion of
the Improvements authorized herein, all future operation and maintenance of the Improvements shall be in accordance with
each party's ownership and /or jurisdictional responsibilities as follows:
a) For Improvements on state -owned highway right of way located within unincorporated county limits and /or within any limited
access highway rights of way: the STATE has sole ownership, operation and maintenance responsibilities for the
Improvements.
b) For Improvements located inside city limits within managed access highway rights of way: Ownership, operation and
maintenance responsibilities shall be apportioned between the city and the STATE pursuant to chapter 47.24 RCW and the
City Streets as Part of State Highways Guidelines developed between the Association of Washington Cities and the STATE, as
may be revised from time to time.
6.2 EMERGENCY WORK BY THE STATE
if the STATE determines in good faith that emergency work to any Improvements to be maintained by the AGENCY, as
provided in Section 6.1(b) hereunder, is immediately needed to protect (a) any aspect of the state highway, or (b) to secure the
safety of the traveling public, as a result of a failure of the AGENCY's Improvements, such work may be performed by the
STATE without prior approval of the AGENCY, and the AGENCY agrees to pay the STATE's reasonable cost and expense for
performing the work. The AGENCY will be notified of the emergency work and the necessity for it at the STATE's earliest
opportunity. The STATE shall provide to the AGENCY a detailed invoice for such emergency work, and the AGENCY agrees
to make payment within thirty (30) calendar days of the date of the invoice.
The terms of this section shall survive the termination of this Agreement.
DOT Form 224 -032 EF
Revised 2/2015
Page 5
7.0 PAYMENT
7.1 REIMBURSABLE COSTS
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 contained in the Exhibits, construction inspection, and administrative overhead.
7.2 INVOICES
The STATE shall provide detailed invoices to the AGENCY for STATE - performed work as required under this Agreement. The
AGENCY agrees to make payment within thirty (30) calendar days from the date of a STATE invoice. The AGENCY agrees that
if it does not make payment within thirty (30) calendar days after the date of a STATE invoice, the invoice amount shall bear
interest at the rate of one percent per month or fraction thereof until paid.
8.0 MISCELLANEOUS TERMS
8.1 FAILURE TO COMPLY WITH TERMS AND CONDITIONS
Any breach of the terms and conditions of this Agreement, or failure on the part of the AGENCY to proceed with due diligence
and in good faith in the construction and maintenance of the Improvements provided for herein, shall subject this Agreement to
be terminated, and the STATE, in its sole discretion, may require the AGENCY to remove all or part of the Improvements
constructed hereunder at the AGENCY's sole expense. If the AGENCY fails to effect such removal of its Improvements, the
removal may be performed by the STATE without prior approval of the AGENCY, and the AGENCY agrees to pay the STATE's
reasonable cost and expense for performing the work. The STATE shall provide to the AGENCY a detailed invoice for such
removal work, and the AGENCY agrees to make payment within thirty (30) calendar days of the date of the invoice pursuant to
Section 7.
8.2 TERM OF AGREEMENT
Should the AGENCY not begin construction within eighteen (18) months after the date of execution, the Agreement shall
automatically terminate, unless the STATE, in its sole discretion, grants a time extension. As part of any time extension granted
by the STATE, the Plans and Specifications attached hereto must be revised to meet the STATE's most current design and
construction standards. If this Agreement is terminated, the AGENCY may be required to repeat the entire application, review,
and approval process in the STATE's sole discretion.
Unless otherwise provided herein, the term of this Agreement shall commence as of the date this Agreement is fully executed by
the parties and shall continue until the Improvements are accepted by the STATE pursuant to Section 3 or as otherwise provided
herein.
8.3 ASSIGNMENT OF AGREEMENT
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.
8.4 NON - EXCLUSIVITY
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.
8.5 AUDIT RECORDS
All Improvement records, including labor, material and equipment records in support of all STATE costs shall be maintained by
the STATE for a period of six (6) years from the date of termination of this Agreement. The AGENCY shall have full access to
and right to examine said records during normal business hours and as often as it deems necessary, and should the AGENCY
require copies of any records, it agrees to pay the costs thereof. The parties agree that the STATE work performed herein is
subject to audit by either or both parties and /or their designated representatives and /or state and federal government.
8.6 MODIFICATION
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.
DOT Form 224 -032 EF
Revised 2/2015
Page 6
8.7 DISPUTES
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.
8.8 VENUE AND ATTORNEYS FEES
In the event that either party to this Agreement 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 proceedings shall be brought in a court of
competent jurisdiction situated in Thurston County, Washington Superior Court. Further, the parties agree that each will be
solely responsible for payment of its own attorney's fees, witness fees, and costs.
8.9 INDEPENDENT CONTRACTOR
The AGENCY shall be deemed an independent contractor for all purposes under this Agreement, and the employees of the
AGENCY or any of its contractors, subcontractors, consultants, and the employees thereof, shall not in any manner be deemed
to be employees or agents of the STATE.
8.10 TERMINATION OF AGREEMENT
Neither party may terminate this Agreement without the concurrence of the other party, except as otherwise provided under
Section 8.2. 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.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the party's date last signed below.
STATE OF WASHINGTON
DEPARTMENT OF TRANSPORTATION
By: John H. White, P.E.
Assistant Regional Administrator
Title: King and Snohomish Counties
Date: ((if /6 i4
APPROVED AS TO FORM
Date:
Any changes to this Form shall require review by
the Office of the Attorney General
DOT Form 224 -032 EF
Revised 2/2015
AGENCY
Allan Ekber, 'Pi
Title: { Mayor
1
Date: O 17---(q 140
Page 7
Special Provisions for Projects by Counties
or Within Limited Access Highways
Construction Agreement No. GCB 2453
The State and Local Agency (Construction) Agreement and these Special Provisions apply to all
construction items within STATE jurisdiction and maintenance responsibility only.
Applicable provisions are denoted by (® )
• 1. STATE REPRESENTATIVE /NOTICE TO PROCEED.
No work provided for herein shall be performed until the AGENCY is authorized by the following STATE representative:
Edward Giraud, Construction Liaison
NWR Development Services
PO Box 330310
15700 Dayton Avenue North
Seattle, WA 98133 -9710
Office: 206- 440 -4709
Cellular: 206 - 940 -2737
Jim McBride, Superintendent
NWR Area 5 Maintenance
10833 Northup Way NE
Bellevue, WA 98004
Office: 425 - 739 -3730
® 2. PLAN CHANGES.
• AGENCY CHANGE ORDERS /ADDENDAS.
Changes to any Approved Plan affecting highway right -of -way under STATE jurisdiction must be reviewed and approved by the STATE
prior to execution.
• STATE REQUIRED CHANGES OR CORRECTIONS.
The STATE reserves the right to require changes or corrections due to plan omissions or details not in conformance with the STATE's
Standard Specifications, Standard Plans, Design Manual, or Project Special Provisions.
® 3. MATERIALS AND QUALITY ASSURANCE /QUALITY CONTROL (QA/QC).
• MATERIALS AND WORKMANSHIP.
All materials and workmanship shall conform to the current edition of the Washington State Department of Transportation Standard
Specifications for Road, Bridge and Municipal Construction, and amendments thereto, and shall be subject to inspection by the STATE.
APPROVAL OF MATERIALS — REQUEST FOR APPROVAL OF MATERIALS SOURCE (RAMS) AND QUALIFIED PRODUCTS LIST
(QPL).
Prior to the placement of any materials, the AGENCY shall submit copies of the approved RAMS forms listing Materials Manufacturers
and Suppliers for Earthwork, Aggregates, Asphalt and Concrete Plants, Pit Sites, Mix Designs, Pipe, Drainage Structures, Striping and
Pavement Markings, Electrical Materials, Shop Drawings, and Catalogue Cuts to the STATE for concurrence, OR, fit out and submit
RAMS forms to the STATE for approval. The current OPL sheets for each material shall be submitted. (The QPL can be located on the
STATE web site at: ( http: / /www.wsdot.wa.gov /biz/mats /QPL /QPL Search.cfm). NOTE - There may be additional acceptance
actions, including samples, noted on the QPL or RAM that need to be completed prior to the materials being incorporated into the work).
• MATERIALS TESTING /REPORTING OF RESULTS.
All materials testing is to be performed by the AGENCY or an Independent Certified Testing Laboratory of their choice. Copies of all
test results shall be submitted to the STATE's Representative prior to beginning the next phase of construction. The STATE reserves
the right to verify the test results or to perform the testing.
• HOT MIX ASPHALT (HMA) DESIGN.
Prior to Paving Operations, the AGENCY shall submit STATE approved HMA Mix Design(s) for use on this project.
• PAVING OPERATIONS.
NO PAVING OPERATIONS WILL BE PERMITTED WHEN IT IS RAINING or SNOWING. Written permission from the STATE's
Representative shall be required if paving operations begin before April 15t, or after October 1St. Surface temperature limitations as per
the WSDOT Standard Specifications shall be enforced.
• CONCRETE MIX DESIGN.
Prior to any placement of Cement Concrete, the AGENCY shall submit STATE approved Mix Design(s) for use on this project.
• DRAINAGE STRUCTURES.
Only structures stamped APPROVED by the STATE's Fabrication Inspection Office shall be used on this project.
® 4. UNSUITABLE/ MATERIALS.
If determined necessary by the STATE, any unsuitable, hazardous, or contaminated materials encountered during any excavation shall be
removed, disposed of properly according to current environmental regulations, and replaced to the satisfaction of the STATE at the
AGENCY's expense. The replacement material shall be free - draining and granular, or other materials as determined by the STATE's
Representative in accordance with the Standard Specifications.
Special Provisions — COUNTIES/LIMITED ACCESS
Exhibit "A"
CONSTRUCTION AGREEMENT No. GCB 2453
• 5. DELAY TO STATE CONTRACTS.
The AGENCY agrees to schedule and perform the work herein in such a manner as not to delay the STATE's contractor in the performance
of any STATE contract in the area. The STATE shall in no way be held liable for any damage to the AGENCY by reason of any such work by
the STATE, its agents or representatives, or by the exercise of any rights by the STATE upon roads, streets, public places, or structures in
question.
® 6. WORKER VISIBILITY.
All workers within the STATE highway right -of -way who are exposed either to traffic or to construction equipment within the work zone shall
wear high - visibility safety apparel meeting Performance Class 2 or 3 requirements of the ANSI /ISEA 107 -2010 publication titled "American
National Standard for High Visibility Safety Apparel and Headwear ".
® 7. TRAFFIC CONTROL AND PUBLIC SAFETY.
• TRAFFIC CONTROL PLANS (TCPs).
During the construction and/or maintenance of this facility, the AGENCY shall submit Project Specific Traffic Control Plans to the
STATE for review and approval at least ten (10) working days in advance of the time that signing and other traffic control devices will be
required. These TCP's shall be in compliance with one of the following:
❑ (a) The Manual on Uniform Traffic Control Devices (MUTCD) for Streets and Highways — Part 6; Chapter 6H
(http: / /mutcd.fhwa. dot. qov /HTM /2003r1 /part6 /part6hl.htm) and Washington modifications thereto.
❑ (b) WSDOT Work Zone Traffic Control Guidelines (M54 -44)
(http: / /www.wsdot.wa.gov /publications /manual s /fulltext /M54 -44/W orkzon e. pdf)
❑ (c) The WSDOT Standard Plans Manual (M21 -01); Section K for Work Zone Traffic Control
(http: / /www.wsdot.wa.gov /Design /Standards /PI an s.htm #Standard PI ans)
• (d) Project Specific Traffic Control Plans in accordance with the WSDOT Work Zone Traffic Control Guidelines (M54-
44), or the Manual on Uniform Traffic Control Devices (MUTCD) for Streets and Highways — Part 6; Chapter 6H and
Washington modifications thereto.
• MODIFICATION OR REVOCATION OF APPROVED TRAFFIC CONTROL PLANS.
The STATE reserves the right to modify or revoke any Traffic Control Plan at any time due to safety and operational problems for the
traveling public. All costs and time delays associated with modification or revocation shall be borne by the AGENCY or their contractor.
• PERMITTED HOURS FOR LANE CLOSURES /STATE NOTIFICATION.
The working hours within the highway under STATE's jurisdiction for this project are restricted per the Approved Traffic Control Plan(s).
Any extension of these hours must be requested in writing and approved prior to construction. Weekend or Holiday (including Canadian
Holidays- Skagit & Whatcom Counties) work is not permitted without written permission from the STATE. Five (5) working days
notification shall be given to the STATE Representative prior to any lane closure.
• SUSPENSION OF TRAFFIC CONTROL OPERATIONS.
The STATE reserves the right to suspend all lane closure operations due to unexpected emergencies or impediments to the flow of
traffic. All costs associated with this suspension shall be borne by the AGENCY or their contractor.
• HAZARD PROTECTION.
All hazards to vehicular, pedestrian, and bicycle traffic shall be marked by warning signs, barricades, and lights
• STORAGE OF EQUIPMENT AND MATERIALS.
All lanes shall be open and the shoulders shall be clear of construction equipment and materials during non - working hours. The Work
Zone Clear Zone (WZCZ) applies during working and non - working hours. The WZCZ applies only to temporary roadside objects
introduced by the Contractor's operations and does not apply to pre- existing conditions or permanent work. Those work operations that
are actively in progress shall be in accordance with adopted and approved Traffic Control Plans, and other Contract or Permit
requirements.
During nonworking hours, equipment or materials shall not be within the WZCZ unless they are protected by permanent guardrail or
temporary concrete barrier. The use of temporary concrete barrier shall be permitted only if the STATE approves the installation and
location.
During actual hours of work, unless protected as described above, only materials absolutely necessary to construction shall be within
the WZCZ and only construction vehicles absolutely necessary to construction shall be allowed within the WZCZ or allowed to stop or
park on the shoulder of the roadway.
The Contractor's non - essential vehicles and employees private vehicles shall not be permitted to park within the WZCZ at any time
unless protected as described above.
Deviation from the above requirements shall not occur unless the Contractor has requested the deviation in writing, and the STATE has
provided written approval.
® 8. TRAFFIC CONTROL SUPERVISOR (Required for Large or Complex Projects: Lane Closures on Highways 40 MPH or Greater, New
Signal Construction, Signal Modifications, Roundabout Construction, Major Channelization Changes, or Night Work).
The AGENCY or Prime Contractor shall employ an individual or individuals to perform the duties of Full -Time Traffic Control Supervisor
(TCS), certified by the STATE. The TCS shall be responsible for safe implementatiorrof Approved Traffic Control Plans. The TCS shall be
present on the project whenever flagging, spotting, or other traffic control is being utilized. The TCS shall be responsible for having a current
set of approved Traffic Control Plans, Inspecting traffic control devices and nighttime lighting for proper location, installation, message,
cleanliness, and effect on the traveling public. Traffic control devices shall be inspected at least once per hour during working hours. The
TCS shall correct, or arrange to have corrected, any deficiencies noted during these inspections. The AGENCY or Prime Contractor shall
maintain 24 -hour telephone numbers at which the TCS can be contacted and be available upon request of the STATE Representative at
other than specified working hours.
Special Provisions — COUNTIES /LIMITED ACCESS
Exhibit "A"
2
CONSTRUCTION AGREEMENT No. GCB 2453
❑ 9. INTELLIGENT TRANSPORTATION SYSTEM CONSTRUCTION /INSPECTION.
The AGENCY shall assure that the construction of Intelligent Transportation Systems owned by the STATE meets all requirements of the
STATE.
® 10. TRAFFIC SIGNAL CONSTRUCTION /INSPECTION.
• CONSTRUCTION.
The AGENCY shall assure that the design and construction of Traffic Signals and illumination on signal poles installed within the
STATE highway right -of -way meets all requirements of the STATE.
• TRAFFIC SIGNAL STANDARDS — APPROVAL
If the proposed signal standards are not on the STATE's PRE - APPROVED LIST
(http: / /www.wsdot.wa.gov /eesc/ bridge/ lightsignalstandards /index.cfm), Signal Pole Shop Drawings (Seven (7) sets of copies) shall
be submitted to the STATE's Representative for transmittal to HQ for approval.
• ILLUMINATION DURING CONSTRUCTION.
Pre - existing illumination shall be maintained and functional at all times during construction until the new illumination is operational.
• TEMPORARY VIDEO DETECTION SYSTEM.
If any induction loop is scheduled to be disabled, a temporary video detection system shall be completely installed and made
operational prior to any associated induction loop being disabled.
• EXISTING TRAFFIC DETECTION LOOPS.
The Contractor shall notify the Area Traffic Engineer through the STATE's Representative a minimum of five working days in advance of
pavement removal or grinding in areas with existing loops.
If the STATE's Representative suspects that damage to any loop, not identified in the Plans as being replaced, may have resulted from
Contractor's operations or is not operating adequately, the STATE's Representative may order the Contractor to perform the field tests
specified in Section 8 20.3(14)D. The test results shall be recorded and submitted to the STATE's Representative. Loops that fail any
of these tests shall be replaced.
Loops that fail the tests, as described above, and are replaced shall be installed in accordance with current WSDOT design standards
and Standard Plans, as determined by the STATE's Representative.
If traffic signal loops that fail the tests, as described above, are not replaced and operational within 48 hours, the Contractor shall install
and maintain interim video detection until the replacement loops are operational. The type of interim video detection furnished shall be
approved by the STATE's Representative prior to installation.
• TRAFFIC SIGNAL HEADS.
Unless ordered by the STATE's Representative, signal heads shall not be installed at any intersection until all other signal equipment is
installed and the controller is in place, inspected, and ready for operation at that intersection, except that the signal heads may be
mounted if the faces are covered with a black opaque material.
• SIGNAL HEAD COVERING.
The signal head covering material shall be manufactured from a durable fabric material, black in color with a mesh front and designed to
fit the signal head properly. The cover shall have an attachment method that will hold the cover securely to the signal in heavy wind.
The cover shall be provided with a drain to expel any accumulated water.
• NEW TRAFFIC SIGNAL TURN -ON AND /OR SWITCH -OVER OPERATIONS.
The AGENCY shall contact the STATE's Representative at least five (5) working days prior to scheduling a signal turn -on in order to
assure that all appropriate items of the STATE's "Traffic Signal Turn -On Checklist" are satisfactorily addressed. The Pre - Turn -On and
Turn -On shall not occur until all applicable Checklist items are installed and /or connected. This Checklist can be located on the
STATE's web site at: http:// www. wsdotwam ov/ Northwest/Deve lopmentServices /LocalAciencv.htm (Go to: "What is needed
to turn on a traffic signal ? ").
PERMITTED HOURS FOR NEW SIGNAL TURN -ON OR SWITCH -OVER OPERATIONS.
Unless approved by the STATE's Representative, no change to signal stop and go operation will be allowed between 6:00 AM to 10:00
AM, or between 2:00 PM to 7:)00 PM on Monday through Thursday, nor will signal operation changes be allowed on Friday, weekends,
holidays, or the day preceding a holiday.
NEW SIGNAL AHEAD /SIGNAL REVISION WARNING SIGNING. -
"NEW SIGNAL AHEAD" (W20 -902) or "SIGNAL REVISION AHEAD" (W20- 903)signs shall be installed in advance of all affected
directions of travel on the Project when a new traffic signal system is installed or when modifications to and existing signal are made.
The location of the signs shall be per Section 2C.05 of the MUTCD, or as directed by the STATE's Representative. These signs are 48"
X 48" black letters on orange background, and shall be post mounted. The bottom of the sign shall be mounted seven (7) feet above
the pavement elevation. Each sign shall have three 12" by 12" Fluorescent Orange flags or Flag Signs mounted on both sides and on
top of the sign. The flags signs shall be made of aluminum. Flags shall be made of durable cloth or plastic. The signs and flags shall
stay erect for six to eight weeks or as directed by the STATE's Representative.
❑ 11. ROADSIDE IMPROVEMENT AND BEAUTIFICATION, OBSTRUCTIONS ON RIGHT -OF -WAY, AND SEVERANCE AND SALE OF TIMBER
AND OTHER PERSONALTY — REMOVAL OF NON - MARKETABLE MATERIALS.
This Agreement is subject to all applicable provisions of RCW 47.40, RCW 47.12.140(2), and /or RCW 47.32 and amendments thereto.
® 12. SIGN INSTALLATION AND MAINTENANCE.
All Directional, Regulatory, Parking, Stop Signs as well as Route Markers shall be installed as per the Approved Plans in Exhibit C, the
WSDOT Standard Plans, or as directed by the STATE's Representative.
Special Provisions — COUNTIES /LIMITED ACCESS
Exhibit "A"
CONSTRUCTION AGREEMENT No. GCB 2453
❑ 13. TRAFFIC REVISION WARNING SIGNING.
"TRAFFIC REVISION AHEAD" (W20 -901) signs shall be installed in advance of all affected directions of travel on the Project when the
channelization of the highway is changed. The location of the signs shall be per Section 2C.05 of the MUTCD, or as directed by the STATE's
Representative. These signs are 48" X 48" black letters on orange background, and shall be post- mounted. The bottom of the sign shall be
mounted seven (7) feet above the pavement elevation. Each sign shall have three 12" X 12" Fluorescent Orange flags or Flag Signs
mounted on both sides and on top of the sign. The flag signs shall be made of aluminum. Flags shall be made of durable cloth or plastic.
The signs and flags shall stay erect for six to eight weeks or as directed by the STATE's Representative.
® 14. CHANNELIZATION PAVEMENT MARKINGS.
• REMOVAL.
Pavement Markings and Striping to be removed shall be obliterated until blemishes caused by the pavement marking removal conform
to the coloration of the adjacent pavement.
• STRIPING /PAVEMENT MARKING APPLICATION.
Two applications of paint shall be required on all paint stripe markings as per the Standard Specifications.
® 15. ILLUMINATION CONSTRUCTION.
• CONSTRUCTION.
The AGENCY shall assure that the design and construction of all illumination installed within the highway under STATE's jurisdiction
meets all requirements of the STATE.
• ILLUMINATION DURING CONSTRUCTION.
Pre - existing illumination shall be maintained and functional at all times during construction until the new illumination is operational.
• 16. EROSION CONTROL /DRAINAGE.
• BEST MANAGEMENT PRACTICES (BMPs).
During construction of this project, the LOCAL AGENCY shall comply with the Washington State Department of Transportation Highway
Runoff Manual, or STATE approved equivalent plan, and implement Best Management Practices (BMPs) as detailed in the manual to
mitigate erosion and prevent negative impacts to environmentally sensitive areas.
• WATER DISCHARGES ON THE PROJECT.
All discharges to State right of way on this project shall conform to State and Local water quality regulations and shall meet WAC 173- '
201A.
❑ 17. VEGETATION ON STATE RIGHT -OF -WAY.
This Agreement does not give the AGENCY, or any agent or contractor of the AGENCY, any rights to cut, spray, retard, remove, destroy,
damage, disfigure, or in any way modify the physical condition of any vegetative material located on the highway right -of -way under STATE
jurisdiction, except by written permission from the STATE. All restoration shall be done to the satisfaction of the STATE at the sole expense of
the AGENCY.
❑ 18. MAINTENANCE OF LANDSCAPING.
The AGENCY is responsible for the maintenance of all landscaping beyond the face of the curbs or edge of pavement, and in the median of
divided highways. Trees that are planted as replacement for impacted trees shall be established for a period of three (3) years.
® 19. RIGHT -OF -WAY RESTORATION.
Upon completion of work, the AGENCY shall remove and dispose of all scraps, brush, timber, materials, etc. off of the highway right -of -way
under STATE jurisdiction. The aesthetics of the highway shall be as it was before work started, or better.
® 20. INTERFERENCE TO STATE HIGHWAY DRAINAGE.
If the work done under this Agreement interferes in any way with the drainage of the highway under STATE jurisdiction, the AGENCY shall
wholly and at its own expense make such provision as the STATE may direct to deal with the said drainage.
•
® 21. NON PAYMENT OF REIMBURSEABLE ACCOUNT.
The AGENCY agrees that if it does not make payment for any STATE work, as provided herein, within ninety (90) calendar days after receipt
of a STATE invoice, the STATE may deduct and expend any monies to which the AGENCY is entitled to receive from the Motor Vehicle
Fund as provided by RCW 47.24.050.
Special Provisions — COUNTIES /LIMITED ACCESS
Exhibit "A"
d
CONSTRUCTION AGREEMENT No. GCB 2453
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