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COOPERATIVE AGREEMENT
Design and Construction
I-405 – SR 167 Interchange Direct Connector Project
This Agreement for Design and Construction of the I-405 – SR 167 Interchange Direct Connector Project (Agreement) is made and entered into by the City of Renton (CITY) and the Washington
State Department of Transportation (WSDOT).
WHEREAS, WSDOT, in the interest of providing congestion relief in the I-405 Corridor, proposes improvements along I-405 within the CITY in a project known as the I405 – SR 169 Interchange
Direct Connector project (Project); and
WHEREAS, the proposed Project will require WSDOT to perform certain work on the CITY’s facilities; and
WHEREAS, WSDOT, having secured funding for the Project, is willing to undertake the construction of said Project; and
WHEREAS, WSDOT will construct the Project using the design-build method of project delivery; and
WHEREAS, the design-build method of project delivery is flexible and allows for the development and finalization of the design after the contract is awarded, unlike the typical design-bid-build
method of project delivery; and
WHEREAS, the design of project elements in the design-build method of project delivery moves faster than in the typical design-bid-build method of project delivery; therefore, expedited
CITY review of the design elements will be required; and
WHEREAS, the Parties understand that the Project design will be finalized after the contract is awarded; and
WHEREAS, the Parties executed a Memorandum of Understanding on September 27, 2004, that describes the Parties’ cooperation during design and construction of the I-405 Congestion Relief
& Transit Projects; and
WHEREAS, the Parties desire this Agreement to define their roles and responsibilities related to design and construction of the Project; and
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, and performances contained herein, and the attached exhibits which
are incorporated and made a part hereof, IT IS MUTUALLY AGREED AS FOLLOWS:
GENERAL
WSDOT will construct the Project improvements along the I-405 Corridor, the general limits of which are described in Exhibit A and shown in Exhibit B. (Exhibit B is not attached)
The anticipated construction schedule for the Project is to award the design-build contract in the spring of 2016 and open to traffic by the end of 2018. (schedule passed out at our
meeting says January 2019)
The CITY and the Renton Administration Executive Committee, consisting of the CITY’s Chief Administrative Officer and CITY Administrators as well as WSDOT’s I-405 Project Director and
senior staff, have had ongoing communication and negotiations that have resulted in many design decisions for elements within the Project. Those elements are incorporated into this
Agreement, its supplements, and/or amendments, or will be incorporated into contract or other related agreements for this Project.
ROLES
The Parties acknowledge that WSDOT will enter into future contractual agreement(s) with a design-build contractor (Design-Builder) for design and construction of the Project.
WSDOT agrees to encourage a partnering session including WSDOT staff, CITY staff, and WSDOT’s Design-Builder staff to review coordination processes and to determine the need for, or
frequency of, continuing coordination meetings.
WSDOT shall track all CITY communication requests.
The CITY Project Coordinator will be responsible for facilitating all Project-related communication between WSDOT and CITY staff as well as expediting CITY review of all Project-related
submittals. This coordination of efforts with WSDOT will take place via WSDOT’s I-405 Project Engineer.
WSDOT’s I-405 Project Engineer, or designee, will be responsible for facilitating all Project-related communication between the CITY Project Coordinator and WSDOT staff as well as providing
Project-related submittals to the CITY Project Coordinator. This coordination of efforts with the CITY will take place via the CITY Project Coordinator.
WSDOT agrees to make presentations to the CITY when requested to do so by the CITY.
WSDOT agrees to provide Project updates to CITY staff on a monthly basis. These updates will include the Project’s milestones and will be in a format suitable for posting on the CITY
Web site, or for inclusion in the CITY newsletter.
WSDOT will develop a Public Information Plan that ensures Project information is made available to the public. In addition, the CITY and WSDOT will continue coordinating outreach to
the business community.
The Parties agree to fund and be fully responsible for their own respective costs associated with staff time necessary to fulfill their roles and responsibilities as identified in this
Agreement, except in the following case(s).
WSDOT agrees to fund CITY project coordination activities for the length of this Agreement through a CITY Project Coordinator.
The CITY Project Coordinator will serve as the CITY’s Project liaison beginning with Notice to Proceed to WSDOT’s Design-Builder and will be responsible for expediting CITY review of
Project submittals.
WSDOT shall only fund those hours worked by the CITY Project Coordinator for coordination activities associated with the Project.
The Parties will enter into a separate agreement outlining the details related to scope of work and reimbursement for the CITY Project Coordinator.
CITY REVIEW AND COMMENT ON PROJECT ELEMENTS
WSDOT will provide the CITY with both a hard copy and an electronic copy of the preliminary and final design submittals, as submitted by the Design-Builder in accordance with the Project’s
Request for Proposals (RFP), for review and comment by the CITY on Project elements. (do we get the submittals from all three teams or jus the selected team)
Project elements include, but are not limited to, design of CITY streets and other associated CITY roadway elements, streetlights along CITY roadways, CITY street detour routes, noise
variance requests within the CITY limits, and right of way use permits within the CITY limits.(we need to define when a right of way use permit is required and amend soon if necessary)
The scope of the CITY’s review and comment will be limited to conformance with applicable CITY design standards, standard plans, codes, and policies as of the Project’s RFP issue date.
WSDOT will provide the CITY with both a hard copy and an electronic copy of the Release for Construction (RFC) documents for CITY use in confirming that all the CITY’s comments on the
final design submittals have been addressed and are consistent with the agreed upon comment resolution process. No additional information, other than to address comments made on the
final design submittal by other reviewers, is to be expected.
WSDOT will review all submittals from its Design-Builder for completeness and compliance with contract requirements prior to forwarding them to the CITY’s Project Coordinator for review.
WSDOT will work with its Design-Builder to give the CITY as much advance notice of upcoming and planned submittals as possible.
The Parties recognize the importance of timeliness in reviews, avoidance of delays, and minimizing costs for the Project, as well as the mutual benefit provided in shortening plan and
proposal review times. To that end, the CITY commits to reviewing and returning submittals to WSDOT within a maximum of fourteen (14) calendar days, except for certain permits and
review periods defined in the Renton Municipal Code (RMC) or the seven (7) calendar days allowed for RFC reviews, as described above. (I don’t understand what is being referenced above)
In the case of infrequent circumstances, such as CITY emergencies and extreme and unusual weather conditions affecting the CITY’s ability to perform normal functions, or receipt of project
submittals of unusual volume, complexity, or unexpected or controversial content, the Parties recognize the challenge the CITY may have to review and return submittals within the allotted
review period.
The Parties agree that additional review days may be allowed if there is no created delay or cost increase for the Project. In these cases, the CITY will be responsible for requesting
approval from WSDOT within the allotted review period and articulating the cause for delay and specific additional calendar days needed for the review.
WSDOT will review the extended period request for consequences to the design-build contract requirements, schedule, and cost.
WSDOT will approve extensions if there is no risk created to the design-build contract.
If WSDOT is unable to approve additional review days, WSDOT, at WSDOT’s sole discretion, may proceed with the design-build contract without the CITY’s review comments so as to prevent
any delays to the Project due to the CITY’s reviews.
DESIGN OF ELEMENTS WITHIN CITY JURISDICTION
All plans for the Project will follow WSDOT’s Plans Preparation Manual. All facilities within the I-405 limited access will use WSDOT design standards, except that the Renton Municipal
Code and Renton Standard Design Details, as of the Project’s RFP issue date, will apply to plans for East Valley Road and South 14th Street, and to all utilities and facilities that
will be owned and maintained by the City.
The Parties agree that the aesthetic treatments of the I-405 Master Plan compatible elements listed in Sections 4.3 through 4.6 will conform to the guidelines described in the Interstate-405
Urban Design Criteria, February 2015 (UDC), incorporated into this Agreement by this reference. The Parties understand that the engineering details of aesthetic elements identified
in the UDC are undergoing final review and that this review will not change the concepts developed during the UDC process.
(Note: CED and Community Services will need to review/approve the aesthetic treatments)