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013-08 - WSDOT - ContractAML Washington State CAW Department of Transportation Paula J. Hammond, P.E. Secretary of Transportation July 2, 2008 City of Port Orchard 216 Prospect Street Port Orchard, WA 98366-5326 Letter of Understanding for Project Administration Attn.: Mark, R. Dorsey, P.E. Public Works Director Dear Sir: Olympic Region Headquarters 5720 Capitol Boulevard, Tumwater P.O. Box 47440 Olympia, WA 98504-7440 360-357-2600 Fax 360-357-2601 TTY: 1-800-833-6388 www.wsdot.wa.gov The Washington State Department of Transportation Local Programs (Local Programs) is to define, for projects utilizing Federal funding, the responsibilities for grant administration, consultant selection, consultant agreements, development of plans, specifications, and estimate, environmental documents, acquisition of right of way, advertisement, award and execution of contract, and construction administration including but not limited to inspection, change orders and final project documentation. The CITY, operating under an extension of Local Programs Certification Acceptance (CA), shall administer all associated projects entirely in accordance with the Local Agency Guidelines (LAG), this Letter of Understanding (LOU) and direction as provided by the Local Programs Engineer (LPE). Failure to comply with the LAG, this LOU or the direction of the LPE may result in loss of Federal funds. 1) The STATE and the CITY have designated CA managers as shown below: STATE WA State Department of Transportation Olympic Region Local Programs Engineer PO Box 47440, Olympia, WA 98504-7440 5720 Capitol Blvd., Tumwater, WA 98501 (360) 357-2666 FAX (360) 704-3250 CITY City of Port Orchard Public Works Director 216 Prospect Street Port Orchard, WA 98366-5326 (360) 876-4991 FAX (360) 876-4980 All formal submittals outlined herein, either from the STATE or the CITY, will be sent through the designated CA Manager. 2) The CITY shall obtain concurrence from the Local Programs Engineer for any Grant 1/3 application that requires CA status and administered under this document prior to submittal to the appropriate Grant Program administrator. 3) The CITY shall obtain approval from the LPE in the solicitation and selection of a Consulting Engineering firm for Preliminary Engineering, Right of Way and Construction Engineering services. In addition, the CITY shall obtain the approval from the LPE of the Consulting Engineering Agreement (see LAG chapter 31). 4) Contract plans, specifications and cost estimates (PS&E) shall be prepared in accordance with the current State of Washington Standard Specifications for Road, Bridge and Municipal Construction, and amendments thereto, and adopted design standards (see LAG chapter 44). The LPE will review the PS&E to ensure compliance with the LAG. 5) Any deviations to design standards must be stamped by a Professional Engineer licensed in the State of Washington. The CITY shall submit the design deviation to the LPE for further processing and approval. 6) The CITY shall be responsible for all required environmental documentation (SEPA and NEPA) and shall submit all required NEPA documentation to the LPE for further processing and approval. (see LAG chapter 24). The CITY shall be responsible for obtaining all required permits and approvals. 7) No R/W action shall proceed until the CITY contacts the Local Agency Right of Way Coordinator. The CITY shall follow current Right of Way (R/W) Procedures as described in the LAG (see LAG chapter 25). The LPE shall be advised of all pre-R/W meetings. All acquisitions of R/W such as construction easements, donations, permits, etc. shall be certified by the CITY and the STATE. 8) The CITY shall forward the proposed advertisement for bids to the LPE for approval. Upon approval, the CITY may begin advertisement for bids (see LAG chapter 46). The CITY shall keep the LPE advised on any pre -award issues affecting the quality and timing of the contract. Any required addenda to the contract documents shall be approved by the LPE. 9) The CITY shall notify the LPE of the Bid Opening date and time. The CITY shall transmit to the LPE, the Engineer's Estimate and Bid Tabulations along with the complete Bid Packages of the apparent three (3) lowest bidders. Upon approval by the LPE, the CITY may Award the Contract to the lowest responsive bidder (see LAG chapter 46). 10) Upon the CITY's execution of the contract for construction, the CITY shall administer and inspect the Project in accordance with the contract documents, WSDOT Standard Specifications for Road Bridge and Municipal Construction, the WSDOT Construction Manual, and all applicable State and Federal laws (see LAG chapter 52). 11) Changes to the contract will be documented by change order as defined in the current edition of the WSDOT Standard Specifications for Road, Bridge and Municipal Construction Section 1-04.4. The CITY Project Manager shall initiate, negotiate, and document all change orders. The CITY Project Manager shall submit a copy of proposed change orders, along with an independent cost analysis and justification for the change, to the LPE for review and concurrence prior to execution. A copy of the executed change order shall be sent to the LPE. 12) The CITY shall request the LPE to inspect the project prior to providing the final "punch list" to the Contractor (see LAG chapter 53). Signature below constitutes concurrence with this Letter of Understanding. CITY OF PORT ORCHARD Date: -1 Jas 1/0 STATE OF WASHINGTON DEPARTMENT OF TRANSPORTATION By: Neal J Campbell, P.E. Olympic Region Local Programs Engineer Date: Af/ 0