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From:
Agenda Date:
Subject:
Statement of Issue:
Department of Public Works
O Consent Agenda
Page 1 of 1
Jefferson County
Board of Commissioners
Agenda Request
Board of Commissioners
Philip Morley, County Administrator
Monte Reinders, Public Works Director/ County Engineer
January 23, 2017
WA State Dept. of Transportation (WSDOT) Construction Agreement, for
Olympic Discovery Trail Project, South Discovery Bay - Segment A
The Board is asked to approve the WSDOT Construction Agreement for the Olympic Discovery
Trail Project; Segment A, located in South Discovery Bay. This agreement is required by
WSDOT to allow Local Agencies to perform work within the WSDOT Highway 101 right-of-way
(ROW).
Analysis/Strategic Goals/Pro's £t Con's:
This project is included in the officially adopted 2017-2022 Transportation Improvement
Program and the 2017 Annual Construction Program as Item No. 7. The purpose of this
project is to complete a section of the trail from Old Gardiner Rd to Salmon Creek.
Fiscal Impact/Cost Benefit Analysis:
This agreement permits the County to construct improvements on the WSDOT ROW.
Construction of this project is funded by Recreation Et Conservation Office (RCO) grant #12-
1250C with local matching funds previously identified. Associated WSDOT administrative
costs are budgeted in the funding.
Recommendation:
The Board is requested to sign (3) copies of the Construction Agreement and return (3) copies
to Public Works. Public Works will return to the BOCC 1 executed original upon signature by
WSDOT.
Department Contact:
John Fleming PE, Project Manager, (360) 385-9217
Reviewed Py: /
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Phi ip Morl y, gAinty Ad ini Date
AM,
UWashington State
Department of Transportation
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
DOT Form 224-032
Revised 11/2015
1 OF 6
LocalAgency
Construction Agreement
Contact Name John Fleming
Title Project Manager
Construction by Local Agency on
Address
? State Highway Right of Way at
623 Sheridan Street Port Townsend, WA 98368
LocalAgency Expense
Phone 360-385-9217 Email jfleming@co.jefferson.wa.us
LocalAgency
Project Title
Jefferson County Public Works
Olympic Discovery Trail Project; Segment A
Agreement Number
Description of Improvements
GCB 2021
Creates new segment of Olympic Discovery Trail in the
Discovery Bay area
State Route Number
Mile Post
Control Section
101
279-282
Work to be done in accordance with Jefferson County
Exhibits Attached
Exhibit "A": Special Provisions
project -No. CR1935
Exhibit "B": Right -of -Way Plans
Exhibit "C" Selected Contract Plan Sheets
Exhibit "D"
Exhibit "E"
STATE
_---
LOCALAGENCY
-_...__....----
State Construction Representative
Local Agency Construction Representative
Jerry Moore
John Fleming
Title
Title
Port Angeles Prcjec Engineer
Project Manager
Address
Address
WSDOT Port Angeles Project Office
Jefferson County Public Works
1707 South C Street
623 Sheridan Street
Port Angeles, WA 98363-7456
Port Townsend, WA 98368
EmailAddress
EmailAddress
moorej@wsdot.wa.gov
jfleming@co.jefferson.wa.us
Phone
Phone
360 565 0622
360 385 9217
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
DOT Form 224-032
Revised 11/2015
1 OF 6
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.
2.1 RIGHT OF ENTRY
2.2 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.
2.3 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.
3.1 CONSTRUCTION
3.2 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. Unless otherwise agreed to between the AGENCY and STATE through execution
of a separate agreement, 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.
DOT Form 224032
Revised 11/2015
*L 0ir i3
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.
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 qov/monument/searchBroad. aspx).
DOT Form 224-032
Revised 1112015
3 Orr 6
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
Interior's 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.
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.
4.1 ACCEPTANCE OF IMPROVEMENTS
4.2 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.
4.3 STATE'S ACCEPTANCE
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.
4.3.2 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.
4.3.3 Upon resolution of the outstanding issues, the STATE will deliver the Letter of Acceptance to the
AGENCY.
4.3.4 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.
DOT Form 224032
Revised 1112015
Lf or S
6.1 INSURANCE AND INDEMNIFICATION
5.2 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;
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 1185 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.
5.3 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.
6.1 MAINTENANCE
6.2 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
DOT Form 224-032
Revised 1112015
5 OF 6
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.
6.3 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.
7.1 PAYMENT
7.2 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.
7.3 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.
8.1 MISCELLANEOUS TERMS
8.2 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.
8.3 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.
DOT Form 224-032
Revised 11!2015
8.4 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.
8.6 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.
8.6 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.
8.7 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.
8.8 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.
8.9 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.
8.10 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.
8.11 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.
DOT Form 224-032
Revised 1112015
-+ aP 6
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the party's date last signed
below.
STATE OF WASHINGTON AGENCY
DEPARTMENT OF TRANSPORTATION
By: By
Title: Title:
Date: Date:
Approved as to Form by Assistant Attorney General 10128/2015. Any changes to this form require AAG approval.
Gic`C_=/1,17 t I l dl ?vt
DOT Form 224032
Revised 11/2015
SPECIAL PROVISIONS
County Projects on State Highways or
City Projects Within Limited Access Areas
Construction Agreement Number: GCB 2021
The State and Local Agency 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.
No work provided for herein shall be performed until the AGENCY is authorized by the following STATE representative:
Jerry Moore
WSDOT Port Angeles Project Office
1707 South C Street
Port Angeles, WA 98363-7456
360-565-0622
® I PLAN CHANGES (Applicable to ALL Projects).
• AGENCY CHANGE ORDERS/ADDENDAS.
Changes to -any Approved Plan affecting STATE owned highway right-of-way or 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 -Design Standards and/or Project Special Provisions.
® 3. DELAY TO STATE CONTRACTS (Applicable to ALL Projects).
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 shalt 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.
® 4. TRAFFIC CONTROL AND PUBLIC SAFETY (Applicable all City Projects within Limited Access Areas and/or City Projects within Managed
Access Areas involving STATE maintained Traffic Signals, Freeway Ramps, or Ferry Traffic. Applicable to all other City Projects when
STA TE assistance is requested by the City. Applicable to all County Projects).
• TRAFFIC CONTROL PLANS (TCP's)
During the construction and/or maintenance of this facility, the AGENCY shall submit 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.oov/HTM/2003rl/i)art6/part6hl,htm) and Washington modifications thereto
❑ b WSDOT Work Zone Traffic Control Guidelines - M54-44 -
(http://www.wsdot.wa. gov/p ublicati ons/manuals/fulitextIM54-44/W orkzone.pdf},
❑ c The WSDOT Standard Pians Manual - M21-01; Section K for Work Zone Traffic Control.
(h ttp://www.wsdot.wa.gov/Design/Sta ndard s/Plans. htm#StandardP fans)
® d Project Specific Traffic Control Plans in accordance with 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.
Special Provisions-COUNTIESILIMITED ACCESS Exhibit "A" Agreement No. GC62021
Last Rev: 6/06/2014
® 4. TRAFFIC CONTROL AND PUBLIC SAFETY. (Continued)
• 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 STATE owned highway right-of-way or highway right-of-way under STATE 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 construction 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 dear 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.
® 5. WORKER VISIBILITY (Applicable to Counties and Limited Access In All Cities).
All workers within the STATE owned highway right-of-way or highway right-of-way under STATE jurisdiction 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 ANSMSEA 107-2010 publication titled "American National Standard for High Visibility Safety Apparel and Headwear".
® 6. MATERIALS AND QUALITY ASSURANCE/QUALITY CONTROL (QAIQC) (Appllcabie to ALL Projects).
• MATERIALS AND WORKMANSHIP
All materials and workmanship shall conform to the Washington State Department of Transportation Standard Specifications for Road,
Bridge and Municipal Construction, current edition, and amendments thereto, and shall be subject to inspection by the STATE.
• APPROVAL OF MATERIALS - REQUEST for APPROVAL of MATERIALS SOURCE (RAMS) FORM and QUALIFIED PRODUCTS LIST
(QPL).
Prior to the placement of any materials, the AGENCY shall: Submit copies of the AGENCY 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, and Electrical Materials, Shop Drawings, and Catalogue Cuts; to the STATE for
concurrence; OR fill out and submit RAMS forms to the STATE for approval. The current QPL sheets for each material shall be
submitted. (The QPL can be located on the STATE's web site at: htt:/rZ lwrww.wod2Lwa gQv 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 TESTINGIREPORTING 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 construction 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.
SpedalProvisions- COUNTIESILIMITEDACCESS Exhibit "A" Agreement No. GCB2021
Last Rev: 6/06/2014 2
® 6. MATERIALS AND QUALITY ASSURANCEIQUALITY CONTROL (QAIQC) (Continued)
• PAVING OPERATIONS
NO PAVING OPERATIONS WILL BE PERMITTED WHEN IT IS RAINING or SNOWING. Written permission from the STATE's
construction representative shall be required if paving operations begin before April 151, or after October 151. Surface temperature and other
paving 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.
® 7. UNSUITABLE MATERIALS (Applicable to ALL Projects).
If determined necessary by the STATE, unsuitable material encountered during any excavation shall be removed 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 construction representative in accordance with the Standard Specifications.
0 8. EROSION CONTROUDRAINAGE. (Applicable to Counties and Limited Access In All C/ties).
• BEST MANAGEMENT PRACTICES (BMP'S)
During construction of this project, the AGENCY shall comply with the Washington State Department of Transportation Highway Runoff
Manual and implement Best Management Practices (BMP's) as detailed in the manual to mitigate erosion and pollution.
• WATER DISCHARGES ON THE PROJECT.
All discharges to STATE owned highway right-of-way or highway right-of-way under STATE Jurisdiction on this project shall conform to
STATE and Local water quality regulations and shall meet WAC 173-201A.
® 9. INTERFERENCE TO. STATE HIGHWAY DRAINAGE (Applicable to Counties and Limited Access In All Cities)
If the work done under this STATE and LOCAL AGENCY Agreement interferes in any way with the drainage of the STATE highway, the
AGENCY shall wholly and at its own expense make such provision as the STATE may direct to deal with said drainage.
010. RIGHT-OF-WAY RESTORATION. (Applicable to Counties and Limited Access in All Cities)
Upon completion of work, the AGENCY shall remove and dispose of all scraps, brush, timber, materials, etc. off of the STATE owned
highway right-of-way or highway right-of-way under STATE jurisdiction. The aesthetics of the highway shall be as it was before work started,
or better.
011. VEGETATION ON STATE RIGHT-OF-WAY. (Applicable to Counties and Limited Access In All Cities).
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 materlal located on STATE owned highway right-of-way or
highway right-of-way under STATE judsdictlon, 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.
® 12. ROADSIDE IMPROVEMENT AND BEAUTIFICATION, OBSTRUC77ONS ON RIGHT-OF-WAY, AND SEVERANCE AND SALE OF 77MBER
AND OTHER PERSONALTY— REMOVAL OF NON -MARKETABLE MATERIALS. (Applicable to Counties and Limited Access in All
Cities)..
This STATE and LOCAL AGENCY Agreement is subject to all applicable provisions of RCW 47.40, RCW 47.12.140(2), and/or RCW 47.32
and amendments thereto.
❑ 13. MAINTENANCE OF LANDSCAPING, (Applicable to Cities ONLY)
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.
❑ 14. ILLUMINATION CONSTRUCTIONANSPECTION. (Applicable to Counties and Llmited Access in Alt Cities).
• CONSTRUCTION:
The AGENCY shall assure that the construction of ail illumination installed within the STATE owned highway right-of-way or highway
right-of-way under STATE 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.
❑ 15. TRAFFIC SIGNAL CONSTRUCTIONIINSPECTION. (Applicable to City Projects within Limited Access Areas, Projects within Cities < 25,000
Population, and all County Projects).
• CONSTRUCTION.
The AGENCY shall assure that the construction of Traffic Signals and illumination on signal poles installed within the STATE owned
highway right-of-way or highway right-of-way under STATE judsdictlon meets all requirements of the STATE.
Special Provisions- COUNTIESiLIMITED ACCESS Exhibit "A" Agreement No. GCB2021
Last Rev: 6106/2014
❑ 15. TRAFFIC SIGNAL CONSTRUCTIONANSPECTiON. (ContinueO (Applicable to City Projects within Limited Access Areas, Projects within
Cities < 25,000 Population, and all County Projects).
• ILLUMINATION DURING CONSTRUCTION.
Pre-existing Illumination shall be maintained and functional at all times during construction until the new illumination is operational.
• TRAFFIC SIGNAL STANDARDS -APPROVAL
If the proposed signal standards are not on the STATE's PRE -APPROVED LIST
(http://www.wsdot.wa.oov/eesc/bridae/ficihtsignalstandardsAndex.cfrn) Signal Pole shop drawings (Seven sets of copies) shall be
submitted to the STATE's construction representative for transmittal to HQ for approval.
• 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.
• ILLUMINATION DURING CONSTRUCTION.
Pre-existing illumination shall be maintained and functional at all times during construction until the new illumination Is operational.
• EXISTING TRAFFIC DETECTION LOOPS.
The Contractor shall notify the STATE's construction representative a minimum of five working dates in advance of pavement removal or
grinding in areas with existing loops.
If the STATE's construction 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 construction 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 construction
representative. Loops that fall 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 construction representative.
If traffic signal loops that fall 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 construction representative prior to installation.
• TRAFFIC SIGNAL HEADS.
Unless ordered by the STATE's construction 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 configuration properly. The covers shall have an attachment method that will hold the cover securely to the signal in
heavy wind. The covers shall be provided with a drain to expel any accumulated water.
• NEW SIGNAL TURN -ON OR SWITCHOVER OPERATIONS.
The AGENCY shall contact the STATE's construction representative at least five (5) working days prior to scheduling a signal tum -on in
order to assure that all appropriate items of the STATE's "Traffic Signal Turn -On Checklist' are satisfactorily addressed. The Pre -Tum -
On and Tum -On shall notoccur until all applicable Checklist items are installed and/or connected. This Checklist can be located on the
STATE'S web site at: http://www wsdot wa gov/t4orti west/DevelopmentServices/L4oca]Agmy.htm (Go to. 'Mat is needed to turn on a traffic
signal9'�.
• PERMITTED HOURS FOR NEW SIGNAL TURN -ON OR SWITCH -OVER OPERATIONS
Unless approved by the STATE's construction representative, no change to signal stop and go operation will be allowed between 6:00
a.m. to 10:00 a.m. or between 2:00 p.m. to 7:00 p.m. 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 construction 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 construction representative.
❑ 16. INTELLIGENT TRANSPORTATION SYSTEM CONSTRUCTIONiINSPECTION. (Applicable to City Projects within limited Access Areas,
Projects within Cities < 25,000 Population, and all County Projects).
The AGENCY shall assure that the construction of Intelligent Transportation Systems owned by the STATE meets all requirements of the
STATE.
Special Provisions- COUNTIESILIMITED ACCESS Exhibit "A" Agreement No. GCB2021
Last Rev: 6/0612014 4
® 17. SIGN INSTALLATION AND MAINTENANCE (Applicable to ALL Projects).
All Directional, Regulatory, Parking, and Stop Signs as well as Route Markers shall be Installed as per the Approved Plans, the WSOOT
Standard Plans, or as directed by the STATE's construction representative. The DEPARTMENT shall own and maintain all signs- unless the
AGENCY signs a Contract or Maintenance Agreement with the STATE to perform sign maintenance.
❑ 18. TRAFFIC REVISION WARNING SIGNING (Applicable to ALL Projects),
'TRAFFIC REVISION AHEAD" (W20-901) signs shall be installed in advance of all affected directions of travel of 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
construction 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 (3)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 construction representative.
❑ 19. CHANNEL.IZATION PAVEMENT MARKINGS (Applicable to ALL Projects).
• 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.
• STRIPINGIPAVEMENT MARKING APPLICATION
Two applications of paint shall be required on all paint stripe markings as per the Standard Speaiflcations.
® 20. NONPAYMENT OF REIMBURSABLE ACCOUNT(Applicable to ALL City Projects).
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 -- COUNTIESILIMITED ACCESS Exhibit "A" Agreement No. GCB2021
Last Rev: 6/06(2014