HomeMy WebLinkAboutWashington State Department of Transportation - Interlocal Agreement Washington State
Department of Transportation
Utility Construction Agreement Utility Name&Address
Work by WSDOT — Utility Cost Mason County Utilities and Waste Management
100 W.Public Works Drive
Shelton,WA 98584
Agreement Number Region Project Title/Location
UTB 1577 Olympic SR 302/VICTOR CREEK
State Route Number Mileposts REMOVE FISH BARRIER
SR 302 From 4.10 to 4.20
Estimated Agreement Amount Advance Payment Amount
$80,897.92 $N/A
This Utility Construction Agreement is entered into between the State of Washington Department of
Transportation, hereinafter"WSDOT"and the above named Utility, hereinafter the"Utility;" collectively the
"Parties"and individually the "Party".
Recitals
1. WSDOT is planning the construction or improvement of the State Route as shown above for the listed
WSDOT Project, and in connection therewith, it is necessary to remove and/or relocate and/or construct
certain Utility facilities, herein the (Work).
2. The Utility is responsible for(1)the cost of the Work for Utility facilities located without a documented
ownership of and/or interest in real property, such as being located pursuant to a franchise, a permit, or
undocumented permission, (2) all betterments, and (3) new facilities.
3. The Work shall be defined as all materials, equipment, labor, contract administration and any other efforts
required to perform the relocation, construction, and/or removal of the Utility's facilities.
4. The Work includes Betterments; ❑Installation of New Facilities; ❑✓ Relocation of Facilities without
Property Rights; Removal of Existing Facilities from WSDOT right of way; and/or❑ Protect in Place.
5. It is deemed to be in the best public interest for WSDOT to include the Work in WSDOT's Project.
Now, Therefore, pursuant to RCW 47.01.210 and chapter 47.44 RCW and in consideration of the terms,
conditions, covenants, and performances contained herein, as well as the attached Exhibits which are
incorporated and made a part hereof.
It Is Mutually Agreed As Follows:
1. Plans, Specifications and Bids
1.1 Program Guide: Utility Relocation and Accommodation on Federal Aid Highway Projects shall determine
and establish the definitions and applicable standards and payments for this Agreement. By this reference
this document is adopted and made a part of this Agreement as if fully contained herein.
1.2 Betterment:A betterment is any improvement to the Utility's facilities not required by code, regulation,
standard industry practice, or any other applicable regulation. If any of the Work constitutes a betterment
as defined in the Program Guide: Utility Relocation and Accommodation on Federal Aid Highway
Projects, the Utility is solely responsible for the costs of such improvement.
DOT Form 224-062 Page 1 of 6
Revised 0712019
1.3 WSDOT, acting on behalf of the Utility, agrees to perform the Utility facilities Work in accordance with
Exhibit A, Special Provisions, and Exhibit C, Plans, where either:
(1) Utility supplied the Work plans and special provisions to WSDOT, or
(2) WSDOT developed the Work plans and special provisions from Utility-provided information.
WSDOT will incorporate the Plans and Special Provisions into WSDOT Project in accordance
with Utility requirements. The Utility agrees that it is solely responsible for insuring that all Special
Provisions, Plans and Utility standards are met and that it has supplied WSDOT with all applicable
standards, codes, regulations, or any other requirements the Utility is obligated to meet, unless
otherwise noted.
1.4 The Utility has reviewed and approved the Work Special Provisions and Plans that will be incorporated
into WSDOT Project. WSDOT will advertise the Work and Project for bids. WSDOT will be the Utility's
representative during the Ad and award period.When requested by WSDOT, the Utility shall timely assist
WSDOT in answering bid questions and resolving any design issues that may arise associated with the
Work.All comments and clarifications must go through WSDOT. If the Utility supplied the Work plans and
special provisions, the Utility agrees to provide WSDOT with any addenda required for the Work during
the Ad period, to the Parties' mutual satisfaction.
1.5 WSDOT will provide the Utility with written notification of the bid price no later than five (5)days after
award for all Work items for which the Utility is responsible for the cost.The Utility shall respond in writing
to WSDOT, stating its Acceptance or Rejection of the Work items, within two (2)working days.
1.6 Should the Utility reject the bid Work items for which it has cost responsibility:
1.6.1 WSDOT shall delete said items from the Project. The Utility agrees to reimburse WSDOT for
engineering costs and direct and related indirect costs incurred by WSDOT associated with
deleting the bid Work items from the Project, including any redesign, reengineering or re-
estimating, if necessary, to delete the Work items, and the Utility agrees to pay such costs upon
receipt of a WSDOT invoice.
1.6.2 The Utility agrees that should it reject the bid Work items for which it has cost responsibility, it shall
continue to be obligated to timely relocate its facilities as required by WSDOT Project. The Utility
further agrees that should its actions delay or otherwise damage WSDOT Project, it shall be liable
for such costs.
2. Construction, Inspection, and Acceptance
2.1 WSDOT agrees to administer the Work on behalf of the Utility.
2.2 The Utility agrees to disconnect and/or reconnect its facilities as required by WSDOT when such
disconnection or reconnection is required to be performed by the Utility. The Parties agree to define
disconnect and/or reconnection requirements, including notification and response in Exhibit A. WSDOT
agrees, as part of the Work, to remove disconnected and/or abandoned facilities at the Utility's cost. Utility
facilities not removed pursuant to this Agreement shall remain the ownership, operation and maintenance
responsibility of the Utility.
2.3 Salvage:All materials removed by WSDOT shall be reclaimed or disposed of by WSDOT and shall
become the property of WSDOT. If the Utility desires to retain such materials and WSDOT agrees, the
value of salvaged materials will be paid to WSDOT in an amount not less than that required by the
Program Guide: Utility Relocation and Accommodation on Federal Aid Highway Projects.
2.4 The Utility may furnish an inspector for the Work. The Utility agrees that it is solely responsible for all such
inspection costs.The Utility's inspector shall not directly contact WSDOT's contractor.All contact between
the Utility's inspector and WSDOT's contractor shall be through WSDOT's representatives. WSDOT's
Project Construction Engineer may require the removal and/or replacement of the Utility's inspector if the
inspector interferes with WSDOT's Project, WSDOT's contractor and/or the Work.
DOT Form 224-062 Page 2 of 6
Revised 07/2019
2.5 WSDOT shall promptly notify the Utility in writing when the Work is completed
2.6 The Utility shall,within Thirty (30 )working days of being notified that the Work is
completed:
(a) deliver a letter of acceptance to WSDOT which shall include a release and waiver of all future
claims or demands of any nature resulting from the performance of the Work and WSDOT's
administration thereof, or
(b) deliver to WSDOT written reasons why the Work does not comply with the previously approved
Plans and Special Provisions. The Utility agrees to work diligently and in good faith with WSDOT
to resolve any issues so as not to delay WSDOT's Project. If all issues are resolved, the Utility
agrees to deliver to WSDOT a letter of acceptance as provided herein.
2.7 If the Utility does not respond within Ninety (90 )working days as provided in section
2.6, the Work and the administration thereof will be deemed accepted by the Utility, and WSDOT shall be
released from all future claims and demands.
2.8 Upon completion and acceptance of the Work pursuant to Sections 2.6 or 2.7, the Utility agrees that
it shall be solely responsible for all future ownership, operation and maintenance costs of its facilities,
without WSDOT liability or expense.
2.9 WSDOT will prepare the final construction documentation in general conformance with WSDOT's
Construction Manual. WSDOT will maintain one set of plans as the official "as-built"set, then make
notations in red of all plan revisions typically recorded per standard WSDOT practice, as directed by
WSDOT's Construction Manual. Once the Utility has accepted the Work per Section 2.6 or 2.7, WSDOT
upon request by the Utility will provide one reproducible set of contract as-builts to the Utility, and the
Utility agrees to pay the cost of reproduction upon receipt of a WSDOT invoice
3. Payment
3.1 The Utility agrees that it shall be responsible for the actual direct and related indirect costs, including
mobilization, construction engineering, contract administration and overhead costs, associated with the
Work.The cost of this Work is estimated to be
eighty thousand eight hundred ninety-seven and ninety-two hundredths Dollars
($80,897.92 ).An itemized estimate of Utility-responsible costs for Work to be
performed by WSDOT on behalf of the Utility is included in Exhibit B, Cost Estimate.
3.2 The Utility agrees to pay WSDOT the"Advance Payment Amount" stated above within twenty (20)
calendar days after WSDOT submits its first partial payment request to the Utility.The advance payment
represents fifteen (15) percent of the estimate of cost for which the Utility is responsible. The advance
payment will be carried throughout the life of the Work with final adjustment made in the final invoice
3.3 The Parties acknowledge and agree that WSDOT does not have the legal authority to advance state
funds for the Utility's Work under this Agreement. Should the Utility fail to make payment according to the
terms of this Agreement, WSDOT shall have the right to terminate this Agreement, charging the Utility
for all associated costs of termination, including non-cancellable items, as well as associated Project
delay and contractor claims. Such termination shall not relieve the Utility's obligation to timely relocate its
facilities as provided under section 1.6.2
3.4 The Utility, in consideration of the faithful performance of the Work to be done by WSDOT, agrees to
pay WSDOT for the actual direct and related indirect cost of all Work for which the Utility is responsible,
including mobilization, construction engineering, administration and overhead costs. WSDOT shall
invoice the Utility and provide supporting documentation therefore, and the Utility agrees to pay WSDOT
within thirty(30)calendar days of receipt of an invoice.A partial payment will not constitute agreement
as to the appropriateness of any item and that, at the time of final invoice, the Parties will resolve any
discrepancies.
DOT Form 224-062 Page 3 of 6
Revised 07/2019
4. Change in Work or Cost Increase
4.1 Increase in Cost: In the event unforeseen conditions require an increase in the cost of the Work for
which the Utility is responsible, above the Exhibit B, Cost Estimate (including sales tax, engineering, and
contingencies) by more than Twenty-Five (25 ) percent, the Parties agree to modify Exhibit
B to include such cost increase.
4.2 If WSDOT determines that additional Work or a change in the Work is required, prior written approval
must be secured from the Utility; however, where the change is required to mitigate a Project emergency
or safety threat to the traveling public, WSDOT will direct the change without the Utility's prior approval.
WSDOT will notify the Utility of such change as soon as possible thereafter.The Utility agrees to respond
to all WSDOT change order requests in writing and within five (5)working days. WSDOT notification
shall not be required for Utility-requested changes. The Utility agrees to pay all costs associated with
the changed Work, as well as the costs of Project or Work delays and/or subsequent contractor claims
associated with the Utility's failure to timely respond as required.
4.3 The Utility may request additions to the Work through WSDOT in writing. WSDOT will implement the
requested changes as elective changes, provided that a change does not negatively impact WSDOT's
transportation system and complies with the Standard Specifications, Project permits, state and/or federal
law, applicable rules and/or regulations, and/or WSDOT design policies, and does not unreasonably delay
critically scheduled Project contract activities.
4.4 All elective changes to the Work shall be approved in writing by the Utility before WSDOT directs
the contractor to implement the changes, even if an executed change order is not required by the
Project contract. The Utility agrees to pay for the increases in cost, if any, for such elective changes in
accordance with Section 3.
4.5 WSDOT will make available to the Utility all change order documentation related to the Work.
5. Franchise or Permit
5.1 The Utility shall apply for a permit, franchise or an amendment to its current franchise for those new or
modified Utility facilities that will be located within WSDOT's right of way.After receiving the application,
WSDOT will issue the Utility a permit or a new or amended franchise.
6. Right of Entry
6.1 The Utility agrees to arrange for rights of entry upon all privately owned lands upon which the Utility
has a claimed property right and which are necessary to perform the Work. The Utility also agrees to
obtain all necessary permissions for WSDOT to perform the Work on such lands, which may include
reasonable use restrictions on those lands. The Utility agrees to provide the rights of entry and applicable
permissions under this section to WSDOT within Fourteen (14 )calendar days of
entering into this Agreement. Upon completion of the Work on such lands, the rights of entry and
permissions shall terminate.
7. General Provisions
7.1 Indemnification: To the extent authorized by law, the Utility and WSDOT shall indemnify and hold
harmless one another and their employees and/or officers from and shall process and defend at its own
expense any and all claims, demands, suits at law or equity, actions, penalties, losses, damages (both to
persons and/or property), or costs, of whatsoever kind or nature, brought against the one Party arising out
of, in connection with, or incident to the other Party's performance or failure to perform any aspect of this
Agreement, provided, however, that if such claims are caused by or result from the concurrent negligence
of(a)the Utility and (b)WSDOT, their respective employees and/or officers, or involves those actions
covered by RCW 4.24.115, this indemnity provision shall be valid and enforceable only to the extent of
the negligence of the Utility or WSDOT, and provided further, that nothing herein shall require the Utility
or WSDOT to hold harmless or defend the other or its employees and/or officers from any claims arising
from that Party's sole negligence or that of its employees and/or officers. The terms of this section shall
survive the termination of this Agreement.
DOT Form 224-062 Page 4 of 6
Revised 07/2019
7.2 Disputes: If a dispute occurs between the Utility and WSDOT at any time during the prosecution of
the Work, the Parties agree to negotiate at the management level to resolve any issues. Should such
negotiations fail to produce a satisfactory resolution, the Parties agree to enter into arbitration and/or
mediation before proceeding to any other legal remedy. Each Party shall be responsible for its own fees
and costs. The Parties agree to equally share the cost of a mediator or arbiter.
7.3 Venue: In the event that either Party deems it necessary to institute legal action or proceedings to enforce
any right or obligation under this Agreement, the Parties hereto agree that any such action or proceedings
shall be brought in the superior court situated in Thurston County, Washington. Each Party
shall be responsible for its own attorney's fees and costs.
7.4 Termination:
7.4.1 Unless otherwise provided herein, the Utility may terminate this Agreement upon thirty (30)
calendar days written notice to WSDOT. If this Agreement is terminated by the Utility prior to
the fulfillment of the terms stated herein, the Utility shall reimburse WSDOT for all actual direct
and related indirect expenses and costs, including mobilization, construction engineering,
contract administration and overhead costs, incurred up to the date of termination associated
with the Utility Work, as well as the cost of non-cancelable obligations, including any redesign,
reengineering or re-estimating, if necessary, to delete the Work, and contractor claims, if any,
payment in accordance with Section 3. Further, the Utility acknowledges and agrees that should
it terminate this Agreement, such termination shall not relieve the Utility from its responsibility to
design, remove, relocate and/or construct its facilities so as not to delay or conflict with WSDOT's
Project. WSDOT agrees to provide to the Utility all Work-related documents upon final payment by
the Utility.
7.4.2 Unless otherwise provided herein, WSDOT may terminate this Agreement upon thirty(30)
calendar days written notice to the Utility. Should WSDOT terminate this Agreement, the Utility
shall reimburse WSDOT for all actual direct and related indirect expenses and costs, including
mobilization, construction engineering, contract administration and overhead costs, incurred by
WSDOT up to the date of termination associated with the Utility Work.The Utility acknowledges
and agrees that should WSDOT terminate this Agreement, such termination shall not relieve the
Utility from its responsibility to design, remove, relocate and/or construct its facilities so as not to
delay or conflict with WSDOT's Project. WSDOT agrees to provide to the Utility all Work-related
documents upon final payment by the Utility.
7.5 Amendments: This Agreement may be amended by the mutual agreement of the Parties. Such
amendments or modifications shall not be binding unless put in writing and signed by persons authorized
to bind each of the Parties.
7.6 Independent Contractor: Both Parties shall be deemed independent contractors for all purposes, and
the employees of each Party and any of its contractors, subcontractors, consultants, and the employees
thereof, shall not in any manner be deemed to be the employees of the other Party.
7.7 Audit and Records: During the progress of the Work and for a period of not less than six (6)years from
the date of final payment, both Parties shall maintain the records and accounts pertaining to the Work
and shall make them available during normal business hours and as often as necessary, for inspection
and audit by the other Party, Washington State, and/or Federal Government and copies of all records,
accounts, documents or other data pertaining to the Work will be furnished upon request.The requesting
Party shall pay the cost of copies produced. If any litigation, claim or audit is commenced, the record,
accounts along with supporting documentation shall be retained until any litigation, claim or audit finding
has been resolved even though such litigation, claim or audit continues past the six-year retention period.
7.8 Working Days: Working days for this Agreement are defined as Monday through Friday, excluding
Washington State holidays per RCW 1.16.050.
DOT Form 224-062 Page 5 of 6
Revised 07/2019
In Witness Whereof, the parties hereto have executed this Agreement as of the day and year last
written below.
Washington State
Requesting Entity Department of Transportation
Signature: Signature:
By: « r/ �, cclt t5 ,/ By: JoAnn Schueler
Print Name Print Name
Title: Title: Asst.Region Administrator-Olympic Region
Date:XA -DS- Date: 2/8/2024
DOT Form 224-062 Page 6 of 6
Revised 07/2019
EXHIBIT A
SPECIAL PROVISIONS
SCOPE OF WORK
The Work proposed within this Agreement is for Utility's facilities on WSDOT's highway right of
way and the Utility is obligated to pay for all construction costs. The Work proposed under this
Agreement will consist of performing all work necessary for the removal and replacement of
Utility's existing facilities located within WSDOT's highway right of way to accommodate the
construction of the SR 302 Victor Creek Remove Fish Barrier Project.
WORK TO BE PERFORMED BY WSDOT
Exhibit C. Sheets 1 through 4
1. Removal and disposal of Utility's existing force main per plans.
2. Replacement of Utility's force main per plans.
3. WSDOT's construction contract will provide a 14 calendar day advance notice to the
Utility prior to performing work on the force main.
WORK TO BE PERFORMED BY THE UTILITY
1. The Utility will depressurize, pump, and flush the force main within the 14 calendar day
window as specified above.
2. The Utility will maintain temporary sewer service to the affected properties with septic
trucks throughout the construction project's duration.
3. The Utility will repressurize and restore service to the affected properties by operating
the new force main at the end of the construction project.
PERMIT OR FRANCHISE
The Utility shall apply for and WSDOT shall convey the necessary statutory permit or franchise
pursuant to Chapter 47.44 RCW required for installation of such facilities that remain or cross
the WSDOT right of way.
BETTERMENT
Relocation or installation of the Utility's facilities does not constitute a betterment as defined by
the Federal Aid Policy Guide—23 CFR 645A Subpart A.
UTB 1577
EXHIBIT"A"
Page 1 of 1
EXHIBIT B
COST ESTIMATE
ENGINEER OPINION OF PROBABLE CONSTRUCTION COST
Project: SR 302 VICTOR CREEK REMOVE FISH BARRIER-SANITARY SEWER FORCE MAIN RECONNECTION Stage: Draft Bid Set
Owner: Mason County By: Tucker Collins,P.E.
Engineer: David Evans and Associates,Inc. Checked: Rodney Langer,P.E.
Project No.: MSCT0000-0003 Date: 1/19/2023
ITEM NO. ITEM DESCRIPTION SPEC.REF. IQUANTRYl UNIT UNIT PRICE EXTENDED PRICE
DIVISION 1-GENERAL REQUIREMENTS
0001 MOBILIZATION 1-09WSDOT I 1.5 $ 5,800.00 $ 5,800.00
SPs CONSTRUCTION SURVEY 1-O5SPs I LS $ 1,000.00 $ 1,000.00
OMSION 2-EARTHWORK
0050 REMOVAL OF STRUCTURES AND OBSTRUCTIONS 2-O2WSDOT 1 IS $ 3,000.00 $ 3,000.00
7006 STRUCTURE EXCAVATION CLASS B INC HAUL 2-09 WSOOT 50 CV $ 27.00 $ 1,350.00
7008 SHORING OR EXTRA EXCAVATION CLASS B 2419 WSOOT 390 SF $ 12.50 $ 4,875.00
IDIVISION 3-AGGREGATE PRODUCTION AND ACCEPTANCE
OMSION 4-BASES
DMSION 5-SURFACE TREATMENTS AND PAVEMENTS
DMSION 6-STRUCTURES
OMSION 7-DRAINAGE STRUCTURES,STORM SEWERW,SANITARY SEWERS,WATER MAINS,AND CONDUITS
6150 GATE VALVE 4 IN. 7-13 WSDOT 1 EACH $ 2,000.00 $ 2,000.00
3837 COMBO.AIR RELEASE/AIR VACUUM VALVE ASSEMBLY 2 IN. 7-13WSDOT 1 EACH $ 12,000.00 $ 12,000.00
SPs HOPE SANITARY SEWER PIPE 4.OIAM 7-17 SPs 155 LF $ 87.50 $ 13,562.50
SPs DI SANITARY SEWER CASING PIPE 8'DIAM 7-17 SPs 80 LF $ 187.50 $ 15,000,00
3152 TESTING SEWER PIPE 7-17WSD0T 155 LF $ 7.00 $ 1,085.00
DMSION 8-MISCELLANEOUS CONSTRUCTION
DMSION 9-MATERIALS
UNEXPECTED SUE CHANGES
$ 5,000.00
Subtotal $ 64,672.50
Sales Tax @ 9.2% $ 5,949.87
Subtotal $ 70,622.37
"Indirect Cost @ 14.55% $ 10,275.55
TOTAL COST $ 80,897.92
'Mobilization and Engineering costs will be determined by a proration of the mobilization and
engineering costs of the entire project to the construction costs of the work covered by this agreement.
The indirect cost will be applied at the actual rate in affect at the time the work is performed,in
accordance with Washington State Department of Transportation Directive D 13-21.
UTB 1577
EXHIBIT"B"
Page 1 of 1
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REGIONALADM. RCNNON DATE CV PROPOSED UTILITY DETAILS
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GENERAL NOTES: BACKFILL NOTES: SERVICE MAINTENANCE AND BYPASS NOTES: PIPE FITTING AND CONNECTION NOTES:
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VALVE NOTES: ..:"".:°o`u`°,T;.L- ...Mrw,f° II o «.�.,..,r,w..o..oR....m..r
1° ........ri.. Oo0.O.n2 M r.,w.O0.o.rzR..... PLAN NOTES: M M. .cNo Ow.�O..a U—NALA9.On,ux
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• � THRUST BLOCKING NOTES:
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EXISTING CONDITIONS NOTES: .,,.
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UTB 1577
EXHIBIT C"
PAGE4 OF4
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aecloru�apx. . Renslox oATe n PROPOSED UTILITY NOTES