HomeMy WebLinkAboutAdden 2 • CAG-01-155 Adden #2-07
AGREEMENT GCA-2798
SUPPLEMENT NO. 2
SR 169
MAPLE VALLEY HOV/QUEUE JUMP
MAPLE VALLEY (SR 169) IMPROVEMENTS
CONSTRUCTION FUNDING AND ADMINISTRATION
THIS SUPPLEMENT NO. 2 is made and. entered into by the CITY OF RENTON, hereinafter
referred to as the "CITY," and the STATE OF WASHINGTON, DEPARTMENT OF
TRANSPORTATION, hereinafter referred to as the "STATE," collectively referred to as the
"PARTIES" and individually referred to as "PARTY."
WHEREAS, the STATE and the CITY entered into Agreement GCA-2798, dated September
19, 2001, hereinafter referred to as the"AGREEMENT," for developing preliminary engineering
and environmental documentation for a project entitled "SR 169 Maple Valley Highway
HOV/Queue Jump, hereinafter referred to as the"PROJECT"; and
WHEREAS, the CITY has developed the Maple Valley (SR 169) Improvements: Phase 2 along
SR 169 within the CITY as one of the components of the PROJECT, hereinafter referred to as
the"SR 169 PROJECT"; and
WHEREAS, the STATE, in the interest of providing additional congestion relief on I-405 and
efficient operation of the 1-405/1-5 to SR 169 Stage 2 - Widening and SR 515 Interchange
project by reducing traffic congestion backing up onto 1-405 from SR 169, proposed a design and
construction of an additional element along SR 169, hereinafter referred to as the
"IMPROVEMENT; and
WHEREAS, the CITY consented to the addition of said IMPROVEMENT in the SR 169
PROJECT, creating a"MODIFIED PROJECT"; and
WHEREAS, the PARTIES are currently developing Supplement #1 to GCA 2798, wherein the
PARTIES identify roles and responsibilities related to design, right of way, and construction for
the IMPROVEMENT; and
WHEREAS, the CITY is the lead agency for construction of the MODIFIED PROJECT, which
includes the SR 169 PROJECT and the IMPROVEMENT; and
WHEREAS, the PARTIES are currently developing a separate agreement to address STATE
funding of construction of the IMPROVEMENT portion of the MODIFIED PROJECT; and
WHEREAS, as part of the Transportation Partnership Account, the 2005 Legislature identifies
the SR 169 PROJECT as"SR 169/140th Way Southeast to SR 900"; and
GCA 2798
SUPPLEMENT NO. 2
Page 1 of 4
WHEREAS,the STATE, pursuant to legislative appropriation in the 2005 session,has agreed to
contribute $2,500,000.00 toward construction of the SR 169 PROJECT; and
WHEREAS, the CITY desires that the STATE provide construction management services,
hereinafter referred to as "SERVICES", for the SR 169 PROJECT.
NOW THEREFORE, by virtue of 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:
Section I of the AGREEMENT is supplemented with the following:
1.7 SR 169 PROJECT Construction Funding
1.7.1 The STATE agrees to contribute construction funds to the CITY for
completed work associated with construction of the SR 169 PROJECT, hereinafter
described as the "WORK".
1.7.2 The CITY agrees to submit to the STATE, quarterly status reports, using a
STATE developed format that will address SR 169 PROJECT progress, scope,
schedule and expenditures. The reports shall verify, to the STATE's satisfaction,
that the work has been completed as set forth in this SUPPLEMENT NO. 2.
1.7.3 The CITY agrees to manufacture and install two (2) signs, at no cost to the
STATE. Specifications and locations of the signs will be provided by the
STATE. The intent of these signs is to inform the public that funding of the SR
169 PROJECT has, in part, been provided by the 2005 Transportation Partnership
Account.
1.8 CONSTRUCTION MANAGEMENT SERVICES
1.8.1 The STATE agrees to provide SERVICES to the CITY for the SR 169 PROJECT.
A description of, and estimated cost for, said SERVICES is attached hereto as Exhibit G.
The PARTIES understand and agree that these are estimated costs only, and that the
CITY is responsible for payment of all actual and direct costs associated with SERVICES
provided by the STATE. The STATE shall retain the estimated cost of said SERVICES
from the $2,500,000.00 available to the CITY in a separate account for the purpose of
payment for said SERVICES.
1.8.1.1 The STATE will provide a monthly accounting to the CITY of charges
associated with SERVICES. In the event that the funds retained for SERVICES
are not sufficient, the PARTIES shall agree upon an amount of additional funds to
supplement the separate account. The PARTIES further agree that said additional
funds shall come from the $2,500,000 originally available. In the event that the
GCA 2798
SUPPLEMENT NO. 2
Page 2 of 4
WHEREAS,the STATE, pursuant to legislative appropriation in the 2005 session, has agreed to
contribute $2,500,000.00 toward construction of the SR 169 PROJECT; and
WHEREAS, the CITY desires that the STATE provide construction management services,
hereinafter referred to as "SERVICES", for the SR 169 PROJECT.
NOW THEREFORE, by virtue of 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:
Section I of the AGREEMENT is supplemented with the following:
1.7 SR 169 PROJECT Construction Funding
1.7.1 The STATE agrees to contribute construction funds to the CITY for
completed work associated with construction of the SR 169 PROJECT, hereinafter
described as the"WORK".
1.7.2 The CITY agrees to submit to the STATE, quarterly status reports, using a
STATE developed format that will address SR 169 PROJECT progress, scope,
schedule and expenditures. The reports shall verify, to the STATE's satisfaction,
that the work has been completed as set forth in this SUPPLEMENT NO. 2.
1.7.3 The CITY agrees to manufacture and install two (2) signs, at no cost to the
STATE. Specifications and locations of the signs will be provided by the
STATE. The intent of these signs is to inform the public that funding of the SR
169 PROJECT has, in part,been provided by the 2005 Transportation Partnership
Account.
1.8 CONSTRUCTION MANAGEMENT SERVICES
1.8.1 The STATE agrees to provide SERVICES to the CITY for the SR 169 PROJECT.
A description of, and estimated cost for, said SERVICES is attached hereto as Exhibit F.
The PARTIES understand and agree that these are estimated costs only, and that the
CITY is responsible for payment of all actual and direct costs associated with SERVICES
provided by the STATE. The STATE shall retain the estimated cost of said SERVICES
from the $2,500,000.00 available to the CITY in a separate account for the purpose of
payment for said SERVICES.
1.8.1.1 The STATE will provide a monthly accounting to the CITY of charges
associated with SERVICES. In the event that the funds retained for SERVICES
are not sufficient, the PARTIES shall agree upon an amount of additional funds to
supplement the separate account. The PARTIES further agree that said additional
funds shall come from the $2,500,000 originally available. In the event that the
GCA 2798
SUPPLEMENT NO. 2
Page 2 of 4
total funds retained for SERVICES exceed the amount expended for SERVICES,
the CITY may use these funds toward completed construction work and request
reimbursement from the STATE through the method described in Section 2,
Payment.
1.8.2 The STATE is responsible for all costs associated with SERVICES for the
IMPROVEMENT.
1.8.3 By providing SERVICES, the STATE shall assume no responsibility for
proper construction techniques or job site safety. The presence of the
STATE's personnel at the construction site is for the purpose of providing
the City a greater degree of confidence that the completed work will
generally conform to the SR 169 PROJECT contract documents and that
the integrity of the design concept as reflected in the SR 169 PROJECT
contract documents has been implemented and preserved by the SR 169
PROJECT Contractor, hereinafter referred to as the"CONTRACTOR".
The STATE's personnel shall act in accordance with Section 1-05.1 and 1-
05.2 of the current Washington State Department of Transportation
Standard Specifications. The STATE will endeavor to protect all parties
against defects and deficiencies in the work of the CONTRACTOR, but
cannot guarantee the CONTRACTOR's means, methods, techniques,
sequences of procedures, or for safety precautions and programs in
connection with the work performed by the CONTRACTOR and/or any
subcontractor.
Section II of the AGREEMENT is supplemented with the following:
2.2 The CITY shall submit progress billings for the actual direct and related indirect costs of
the WORK to the STATE. Transportation Partnership Account funds for the SR 169 PROJECT
are not available until July 1, 2007. Therefore, WORK performed prior to July 1, 2007, will not
be considered eligible for STATE participation, and progress billings for work before this date
will not be accepted by the STATE. The STATE's maximum funding obligation for both
SERVICES and WORK shall not exceed $2,500,000.00.
2.2.1 Billings shall be sent to Washington State Department of Transportation, 3241 — 118"
Avenue Southeast, Suite A, Bellevue, WA 98005-4138—Attention: Doug Haight, Project
Engineer.
Section 5 of the AGREEMENT is supplemented with the following:
5.1 The PARTIES further understand and agree that because the STATE did not prepare the SR
169 PROJECT contract documents for the project, the CITY waives all claims against the
STATE arising from or in any way connected with errors, omissions, conflicts or ambiguities in
the SR 169 PROJECT contract documents prepared by others. In addition, the CITY agrees, to
GCA 2798
SUPPLEMENT NO. 2
Page 3 of 4
I
the fullest extent permitted by law, to indemnify and hold the STATE harmless from any
damage, liability or cost, including reasonable attorneys' fees and defense costs, arising from any
errors or omissions contained in the plans, specifications, or other SR 169 PROJECT contract
documents prepared by others, except for the negligence or willful misconduct of the STATE.
IN WITNESS WHEREOF, the PARTIES hereto have executed this SUPPLEMENT No. 2 as of
the latest date written below.
CITY OF RENTON STATE OF WASHINGTON
DEPARTMENT OF TRANSPORTATION
'71 '
-\
f
By y //// ✓
Kathy Koelker Kim Henry t------`°�~�
Mayor I-405 Project Director
Date Date
APPROVED AS TO FORM: APPROVED AS TO FORM:
Signature Signature
Elizabeth Lagerberg
City Attorney Assistant Attorney General
Office of the Attorney General
U 0-7 Neu Z f z "�-
Date Date
Attest:
Michele Nam m, Deputy Cty Clerk
GCA 2798
SUPPLEMENT NO. 2
Page 4 of 4
• •
i. Public Communication: WSDOT will notify the City of any communications with
the public and/or any project changes that would require general public notification.
WSDOT will make any public notifications necessary related to lane closures and
detours.
2. Materials
a. Testing: WSDOT will sample, test, and verify all materials used in construction of
the project in accordance with WSDOT Construction Manual procedures and test
methods.
b. Materials Documentation: WSDOT will develop and maintain a Record of Materials
for the project, based on contract specifications and WSDOT/Local Agency
Guideline requirements. WSDOT will maintain materials documentation files and
provide materials certification in accordance with the procedures identified in the
WSDOT Construction Manual; WSDOT will certify materials within 30 calendar
days after physical completion.
3. Surveying: WSDOT will provide all surveying required of the contracting agency by the
project contract provisions.
4. Inspection: WSDOT will provide inspection services on the jobsite during all construction
activities. Inspection services include, but are not limited to:
a. Observe technical progress of construction.
b. Prepare Inspector's Daily Report that details the Contractor's operations
performed each day; measure the quantities of materials installed; log
equipment and staff used; and other associated information.
c. Ensure environmental compliance during construction, including monitoring
and inspection. In the event that the work is out of compliance, WSDOT
will take all steps necessary to ensure compliance, including shut down of
the project, if necessary. WSDOT will inform the City of all environmental
compliance actions.
d. Respond to questions that may arise as to the quality and acceptability of
material furnished, work performed, and rate of progress of work performed
by the Contractor, including response to related questions from adjacent
property owners and the general public.
e. Prepare and assemble field records and documents to help assure the project
is administered in accordance with contract requirements, including
materials documentation and quantity tickets.
f. Provide periodic photographs during the course of construction.
Photographs will be provided in digital format and cataloged by location of
work and date.
g. Document field changes on as-built plans.
h. Coordinate with the Contractor's surveyor.
i. Coordinate with the City's utility and traffic signal operations personnel.
GCA 2798 Page 2 of 3
Supplement#2
Exhibit G
GCA 2798
SUPPLEMENT #2
EXHIBIT F
CONSTRUCTION MANAGEMENT SERVICES —SCOPE OF WORK
This scope of work is intended to provide details of WSDOT-provided construction management
services. These services will include project management, inspection,materials testing and
documentation, on-call surveying, contract administration and public involvement as detailed
below.
1. Administration:
a. Contract Estimates: WSDOT will prepare and compile bid item pay notes (including
those items paid by force account) on a monthly basis, and enter information from
said pay notes into a City-provided tracking spreadsheet.
b. Contract Documentation: WSDOT will perform all reviews necessary to ensure
Contractor compliance with Sections 1-07.9, 1-07.10, and 1-07.11 of the Standard
Specifications. WSDOT will provide all project records to the City within 30
calendar days after physical completion...
c. As-Builts: WSDOT will provide an as-built set of contract drawings to the City
within 30 calendar days after physical completion of the project.
d. Change Orders: WSDOT will compile all backup information regarding proposed
change orders; if necessary, this information will be provided to the designer for any
required re-design work. WSDOT will negotiate the change order scope and cost
with the Contractor, and prepare the change order in a City-provided format.
e. Submittals: WSDOT will coordinate the review process for shop drawings, samples,
traffic control plans, test reports, and other submittals from the Contractor for
compliance with the contract documents. Submittals will be logged and tracked. Key
submittals will be transmitted to the City's designer for their review.
f. Requests for Information (RFI): WSDOT will review and respond to Contractor
RFI's. RFI's shall be logged and tracked.
g. Schedule Review/Administration: WSDOT will provide initial schedule review. As
contract work progresses, WSDOT will provide prompt notification to the City of any
potential schedule impacts. WSDOT will determine working days and prepare a
weekly report of said determination to the Contractor and the City in a City-provided
format. WSDOT shall determine the substantial and physical completion dates
identified in Section 1-01.3 of the Standard Specifications, and notify the City and the
Contractor in writing of said dates.
h. Meetings: WSDOT will schedule, administer, and provide agendas and minutes for
the following meetings:
i. Preconstruction meeting
ii. Weekly schedule work updates with the Contractor
iii. Special meetings regarding specific aspects of the contract work
on an as needed basis between WSDOT, the Contractor, and the City
GCA 2798 Page 1 of 3
Supplement#2
Exhibit F
i. Public Communication: WSDOT will notify the City of any communications with
the public and/or any project changes that would require general public notification.
WSDOT will make any public notifications necessary related to lane closures and
detours.
2. Materials
a. Testing: WSDOT will sample, test, and verify all materials used in construction of
the project in accordance with WSDOT Construction Manual procedures and test
methods.
b. Materials Documentation: WSDOT will develop and maintain a Record of Materials
for the project, based on contract specifications and WSDOT/Local Agency
Guideline requirements. WSDOT will maintain materials documentation files and
provide materials certification in accordance with the procedures identified in the
WSDOT Construction Manual; WSDOT will certify materials within 30 calendar
days after physical completion.
3. Surveying: WSDOT will provide all surveying required of the contracting agency by the
project contract provisions.
4. Inspection: WSDOT will provide inspection services on the jobsite during all construction
activities. Inspection services include, but are not limited to:
a. Observe technical progress of construction.
b. Prepare Inspector's Daily Report that details the Contractor's operations
performed each day; measure the quantities of materials installed; log
equipment and staff used; and other associated information.
c. Ensure environmental compliance during construction, including monitoring
and inspection. In the event that the work is out of compliance, WSDOT
will take all steps necessary to ensure compliance, including shut down of
the project, if necessary. WSDOT will inform the City of all environmental
compliance actions.
d. Respond to questions that may arise as to the quality and acceptability of
material furnished, work performed, and rate of progress of work performed
by the Contractor, including response to related questions from adjacent
property owners and the general public.
e. Prepare and assemble field records and documents to help assure the project
is administered in accordance with contract requirements, including
materials documentation and quantity tickets.
£ Provide periodic photographs during the course of construction.
Photographs will be provided in digital format and cataloged by location of
work and date.
g. Document field changes on as-built plans.
h. Coordinate with the Contractor's surveyor.
i. Coordinate with the City's utility and traffic signal operations personnel.
GCA 2798 Page 2 of 3
Supplement#2
Exhibit F
0 GCA 2798 0
Supplement#2
CONSTRUCTION MANAGEMENT SERVICES
SCOPE OF WORK ESTIMATE
Exhibit F
Hourly Rate Hours per week Weeks duration Quantity Total Cost
Administration
Project&Assistant PE $52.51 2 44 1 $4,620.88
Office Engineer $44.89 8 44 1 $15,801.28
Asst Office Engineer $41.22 12 40 1 $19,785.60
Office Technician $30.27 12 40 1 $14,529.60
HQ Support* $101,250.00 $101,250.00
Subtotal $155,987.36
Materials
Materials Documentation $41.22 12 44 1 $21,764.16
Materials Tester $30.27 20 40 1 $24,216.00
Materials Lab Fees** $121,500.00 $121,500.00
Materials vehicle $2.28 20 40 _ 1 $1,824.00
Subtotal $169,304.16
Surveying
Survey Party Chief $41.22 16 40 1 $26,380.80
Survey Rodman $30.27 16 40 1 $19,372.80
Survey vehicle $2.28 16 40 1 $1,459.20
Subtotal $47,212.80
Inspection
Chief Inspector $44.89 20 44 1 $39,503.20
Project Inspector $41.22 40 44 1 $72,547.20
Inspector vehicle $2.28 40 44 1.5 $6,019.20
Subtotal. $118,069.60
Miscellaneous Costs Monthly rate Months duration
Cell phone charge $60.00 11 4 $2,640.00
Subtotal $2,640.00
TOTAL $493,213.92
Estimated percentage of contract 10.96%
NOTES
Anticipated contract time = 180 working days
Hourly rates current as of 4/30/07; rates subject to change
*Estimated at 25% of contract cost
**Estimated at 30% of contract cost
Page 3 of 3
0 GCA 2798
Supplement#2
CONSTRUCTION MANAGEMENT SERVICES
SCOPE OF WORK ESTIMATE
Exhibit G
Hourly Rate Hours per week Weeks duration Quantity Total Cost
Administration
Project&Assistant PE $52.51 2 44 1 $4,620.88
Office Engineer $44.89 8 44 1 $15,801.28
Asst Office Engineer $41.22 12 40 1 $19,785.60
Office Technician $30.27 12 40 1 $14,529.60
HQ Support* $101,250.00 $101,250.00
Subtotal $155,987.36
Materials
Materials Documentation $41.22 12 44 1 $21,764.16
Materials Tester $30.27 20 40 1 $24,216.00
Materials Lab Fees** $121,500.00 $121,500.00
Materials vehicle $2.28 20 40 1 $1,824.00
Subtotal $169,304.16
Surveying
Survey Party Chief $41.22 16 40 1 $26,380.80
Survey Rodman $30.27 16 40 1 $19,372.80
Survey vehicle $2.28 16 40 1 $1,459.20
Subtotal $47,212.80
Inspection
Chief Inspector $44.89 20 44 1 $39,503.20
Project Inspector $41.22 40 44 1 $72,547.20
Inspector vehicle $2.28 40 44 1.5 $6,019.20
Subtotal $118,069.60
Miscellaneous Costs Monthly rate Months duration
Cell phone charge $60.00 11 4 $2,640.00
Subtotal $2,640.00
TOTAL $493,213.92
Estimated percentage of contract 10.96%
NOTES
Anticipated contract time= 180 working days
Hourly rates current as of 4/30/07; rates subject to change
*Estimated at 25% of contract cost
**Estimated at 30%of contract cost
Page 3 of 3