HomeMy WebLinkAboutR-2014-079 Firing Center Park & Ride Lot Expansion Construction Agreement with WSDOT •
AGREEMENT GCB 1725
Selah Firing Center Park and Ride Lot
Design and Construct Lot Improvement
This Agreement for the design and construction of the Selah Firing Center Park and Ride Lot
improvement is made and entered into between the Washington State Department of
Transportation, hereinafter the "STATE," and Yakima Transit, of 129 North 2 " Street, Yakima,
WA 98901 -2937 (a municipal corporation of the State of Washington), hereinafter "TRANSIT."
WHEREAS, the STATE and TRANSIT, in the interest of providing transit capacity and mobility
improvements in the 1 -82 Ellensburg to Yakima Corridor, have planned to expand and improve
the park and ride lot, titled "Selah Firing Center Park"and Ride Lot," hereinafter the "Project ";
and
WHEREAS, Yakima County is the lessor and the STATE is the lessee and operator of the
existing park and ride lot identified as STATE Inventory Control # 5- 39- 08929,located on
Yakima County property; and
WHEREAS, the STATE is the fee owner of the expansion portion of the lot Project; and
WHEREAS, Federal Highway Administration granted authority to locate the lot expansion
within the 1 -82 interchange right of way and has authorized the access changes necessary in
support of the Project by letter, dated March 19, 2014; and
WHEREAS, the Project consists of those improvements to be designed and constructed by the
STATE as shown in Exhibit B; and
WHEREAS, TRANSIT is providing the funding for the Project with funds received from a state
Regional Mobility grant. Matching funds for the grant are provided through STATE right of way
upon which the lot expansion will be constructed. The Regional Mobility grant funding
represents the total expendable funding for the Project and the total obligation of TRANSIT to
fund the Project; any changes to the Project will follow the process stated in Section 4. There are
no funds available to be expended on this Project other than the state Regional Mobility grant,
NOW, THEREFORE, pursuant to chapter 39.34 RCW, the Interlocal Cooperation Act, the above
recitals that are incorporated herein as if fully set forth below, and in consideration of the terms,
conditions, and performances contained herein, and the attached Exhibits A, and B which are
incorporated and made a part hereof,
Agreement GCB 1725 Selah Firing Center Park & Ride Lot Page 1 of 9
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iT IS MUTUALLY AGREED AS FOLLOWS:
1. PLANS, SPECIFICATIONS, AND ESTIMATES (PS &E)
1.1 The STATE, on behalf of TRANSIT, agrees to design and construct the Project in
accordance with the terms of this Agreement, the current Standard Specifications for Road,
Bridge, and Municipal Construction, and amendments thereto (Standard Specifications) and
pursuant to the attached exhibits. Exhibit A is the Cost Estimate and Exhibit B is the Plan with
work description details.
1.2 TRANSIT agrees to participate in 30 %, 90% and 100% PS &E development reviews and
to issue a letter of approval, conditional approval, or rejection of the 100% PS &E for the Project.
1.3 If TRANSIT rejects the 10.0% PS &E, or the STATE cannot accept or rejects TRANSIT's
conditions of approval after the STATE and TRANSIT have in good faith considered the reasons
for rejection and both have explored reasonable solutions in order to proceed with the Project as
intended herein and the STATE and TRANSIT cannot reach agreement, this Agreement shall
automatically terminate and the Project cancelled. TRANSIT agrees to reimburse the STATE
for all costs associated with the cancellation of the Project.
2. ADVERTISEMENT, BID, AWARD, AND COST ADJUSTMENTS
2.1 The STATE shall advertise the Project for bids. Assuming bids are received and
TRANSIT and the STATE agree to accept a bid, the. STATE will award the contract.
2.2 Prior to accepting and awarding the bid, the STATE shall provide TRANSIT with written
notification of the bid prices for the Project, and the STATE and TRANSIT shall review the bid
prices in conjunction with the Regional Mobility grant funding and jointly decide if the grant
funding, taking into consideration all potential contingencies, is adequate to fully satisfy the bid
price. Once the Parties have verified that the Project funding is adequate, TRANSIT shall have
two (2) working days from the date of verification of funding to provide the STATE written
approval of the bid price for the Project, or request the Project be cancelled.
2.3 In the event of cancellation, TRANSIT agrees to reimburse the STATE for all costs
incurred by the STATE associated with the Project. This Agreement shall then terminate upon
STATE'S receipt of payment for all work completed prior to the date of cancellation.
2.4 If TRANSIT approves the bid price for the Project and the STATE does not award or
execute the Project contract, but thereafter re- advertises the Project for bids, the STATE agrees
to pay all STATE costs to re- advertise the Project to the extent that the Regional Mobility funds
are available to reimburse the STATE for said costs. TRANSIT agrees that the STATE is not
Agreement GCB 1725 Selah Firing Center Park & Ride Lot Page 2 of 9
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responsible, for increased bid prices or delay to the Project or other impacts to TRANSIT
resulting from re- advertising the Project. If the STATE shall re- advertise the Project as provided
herein, TRANSIT shall accept or reject the bid price as provided in Section 2.2 and 2.3 above.
• 2.5 If TRANSIT approves the bid price for the Project and the STATE does not award or
execute the Project contract and does not re- advertise the Project for bids, this Agreement shall
terminate upon STATE's receipt of all reimbursement payments in accordance with Section 6.
TRANSIT agrees that the STATE is not responsible for potential increased costs for the Project,
delay to the Project or other impacts to TRANSIT resulting from not awarding the Project
contract.
3. CONSTRUCTION
3.1 The STATE will be TRANSIT's representative during construction and will act as owner
in the administration of the contract for the Project. The STATE will designate a STATE Project
Engineer as STATE's representative to provide all services and tools, including but not limited to
construction administration, inspection, materials testing, and representation, necessary to
administer and manage the contract to ensure that the Project is constructed in accordance with .
the contract. •
3.2 TRANSIT may at all times consult with and inquire of the STATE Project Engineer,
attend all meetings, and have access to all documentation concerning the Project. TRANSIT
shall not provide direction, directly or indirectly to the STATE's contractor. All formal contacts
between TRANSIT and the contractor shall be through the STATE's representative.
3.3 If it becomes known that field changes or conditions will result in an increase in costs for
the Project exceeding the total amount available, the STATE shall within three (3) working days
consult with TRANSIT. Both Parties mutually agree to review all available options at that time
to move the Project forward, or implement the provisions of Section 4.9.
3.4 TRANSIT may inspect the Project at its sole cost and expense. All contact between
TRANSIT's inspector and the contractor shall be only through the STATE's inspector or the
STATE's representative identified above.
3.5 The STATE will prepare the final construction documentation in accordance with the
STATE's Construction Manual. The STATE will maintain one set of plans as the official "as-
built" set, then make notations in red ink of all plan revisions typically recorded per standard
STATE practices, as directed by the STATE's Construction Manual. Once TRANSIT has
accepted the Project per Section 5, the STATE will provide one reproducible set of as -built plans
to TRANSIT within thirty (30) working days following receipt of a request for a set from
TRANSIT.
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4. CONTRACT CHANGES
4.1 Contract changes are subject to and contingent upon the availability of the state Regional
Mobility grant funding to pay for any changes to the Project. If increases in costs as a result of
required or elective changes exceed the available grant as provided herein, the STATE shall
initiate Project modifications or take such other steps to maintain Project contract costs within
the total available state Regional Mobility grant funding.
4.2 Changes to the Project contract will be documented by change "order in accordance with
the Standard Specifications. The STATE shall process change orders for all changes affecting
the Project in the manner set forth' in subsection. 1 -2.4C (3), Approval of Changes /Checklist,
STATE Construction Manual, current edition.
4.3 Required change orders involve such changes in quantities or alterations to the Project as
are necessary to satisfactorily complete the Project. All other change orders affecting the Project
shall be considered elective,
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4.4 TRANSIT authorizes the STATE to initiate all required changes affecting the Project and
to negotiate, document and execute associated change orders.
4.5 The STATE will advise TRANSIT of any proposed required changes affecting the
Project as soon as possible and provide it with an opportunity, if time permits, to review the
change before implementation. The STATE will determine the length of the review time based
upon the need to expedite the change to avoid delay to the Project contract.
4.6 TRANSIT may request additions to the Project through the STATE in writing. The
STATE will implement the requested changes as elective changes, provided that a change
complies with the Standard Specifications, Project permits, state and /or federal law, applicable
rules and/or regulations, and /or STATE design policies, does not unreasonably delay critically
scheduled Project contract activities, and complies with the funding constraints identified in
Section 4.1.
4.7 All elective changes to the Project shall be approved in writing by TRANSIT before the
STATE directs the contractor to implement the change. TRANSIT agrees to pay for the
increases in cost, if any, for such elective changes requested by TRANSIT, subject to available
funding and in accordance with Section 6.
4.8 The STATE will make available to TRANSIT all change order documentation related to
the Project.
4.9 In the event it is determined that TRANSIT does not have sufficient grant funds to
complete the Project, both Parties mutually agree to determine the future of the Project and /or
possible modifications or downsizing of the Project to the minimum level of the Project scope as
submitted for grant award. Any downsizing or modifications to the Project must be approved by
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the state Regional Mobility Office and shall first be accomplished by reducing the paved area. If
it is determined that the Project cannot proceed, the Project shall be brought to a level that is safe
for public use and the STATE will terminate the remainder of the Project contract. In the event
the Project is terminated, Section 5 shall apply for that portion of the Project completed up to the
time of termination. TRANSIT agrees to pay all costs associated with termination, and pay all
contractor claims (Section 8) in accordance with Section 6.
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5. ACCEPTANCE
5.1 Prior to Project acceptance, the STATE and TRANSIT will perform a joint final
inspection. TRANSIT agrees, upon satisfactory completion of the Project constructed in
accordance with the PS &E and receipt of a Notice of Physical Completion, as determined by the
STATE, and the close out of the Project by the STATE in accordance with applicable STATE
and Federal regulations, to deliver, a letter of acceptance which shall include a release of the
STATE from all future claims or demands of any nature resulting from the perfonnance of the
Project, subject to any contractor claims (Section 8) caused by the negligent acts or omissions of
the STATE in administering the Project.
5.2 If a letter of acceptance is not received by the STATE within ninety (90) calendar days
following delivery of a Notice of Physical Completion and close out of the Project to TRANSIT,
the Project shall be considered accepted by TRANSIT, and the STATE shall be released from all
future claims and demands of any ,nature resulting from the performance of the Project, subject to
any contractor claims (Section 8) caused by the negligent acts or omissions of the STATE in
administering the Project.
5.3 TRANSIT may withhold its acceptance of the Project by submitting written notification
to the STATE within ninety (90) calendar days following delivery of a Notice of Physical
Completion of the Project and close out of the Project. This notification shall include the
reason(s) for withholding acceptance. The Parties shall then work together to resolve the
outstanding issues identified in TRANSIT's written notification.
6. PAYMENT
6.1 TRANSIT, in consideration of the faithful performance of the Project performed by the
STATE and its contractor(s), agrees to reimburse the STATE for the actual direct salary and
direct non - salary costs of the Project, as estimated in Exhibit A.
6.2 The Indirect Cost Recovery Rate for the STATE's overhead is not applicable to this
Project.
6.3 The STATE shall provide detailed invoices to TRANSIT for (a) STATE costs incurred as
identified in section 6.1, (b) Project work performed by the STATE's contractor(s), and/or (c) for
costs incurred as provided in Sections 1, 2, and 4. TRANSIT agrees to make payment within
Agreement GCB 1725 Selah Firing Center Park & Ride Lot Page 5 of 9
thirty (30) calendar days from receipt of an invoice. A payment will not constitute agreement as
to the appropriateness of any item. At the time of the final invoice, the Parties will resolve any
discrepancies.
Payments shall be sent to: Invoices shall be sent to:
Washington State Department of Yakima Transit
Transportation c/o Kevin Futrell
Attn: Cashier 129 North 2nd Street
P.O. Box 47305 Yakima, WA 98901 -2937
Olympia, WA 98504 -7305
6.4 Notwithstanding the foregoing, the STATE and TRANSIT recognize the Project is
funded by the state Regional Mobility grant which expires on June 30, 2015. Only Project costs
incurred by June 30, 2015 and paid by TRANSIT not later than July 8, 2015, are eligible to be
reimbursed from the state Regional Mobility grant. The STATE agrees to exercise best efforts to
schedule Project construction, purchase of materials, and perform the construction so that as
much of the Project costs will occur by June 30, 2015, with payment made by July 8, 2015. This
will allow TRANSIT to fully expend the state Regional Mobility grant funding.
7. RIGHT OF ENTRY
7.1 The STATE hereby grants to TRANSIT and its authorized agents and employees, a right
of entry upon all land in which the STATE has an interest, including a leasehold interest, for the
purpose of inspection, per Sections 3.4 5.1.
8. CLAIMS
8.1 Claims for Additional Payment '
8.1.1 In the event the contractor makes claims for additional payment associated with
the Project, the STATE will .immediately notify TRANSIT of such claims. Such claims
shall be made in the manner and foini as provided for in the Standard Specifications.
8.1.2 TRANSIT shall not be obligated to pay such claims or cost of defense to the
extent that the claims are caused by the negligent acts or omissions of the STATE in
administering the Project.
8.1.3 TRANSIT shall have the right to review and comment on any settlement for
claims associated with the Project; however, the STATE shall have the ultimate decision
and right to settle such claims. If agreement cannot be reached between TRANSIT and the
STATE on a claim settlement, the Parties agree to follow the dispute resolution procedure
in Section 10.6.
Agreement,GCB 1725 Selah Firing Center Park & Ride Lot Page 6 of 9
9. OWNERSHIP, OPERATION and MAINTENANCE
9.1 Upon TRANSIT's acceptance of the Project as provided in Section 5, the STATE shall be
the owner of the- Project improvements constructed on state owned right of way. Yakima County
will continue to own and the STATE will continue to operate and maintain the leased area.
9.2 TRANSIT and the STATE agree that as a condition for executing this Agreement,
TRANSIT shall have the non - exclusive use of the Project property until such time as the STATE
determines it is not in the STATE's best interest to continue use by TRANSIT or the lease with
Yakima County is terminated or expires.
10. GENERAL PROVISIONS
10.1 Amendment: This Agreement may be amended or modified only by the mutual
agreement of the STATE and TRANSIT. Such amendments or modifications shall not be
binding unless they are in writing and signed by persons authorized to bind each of the Parties.
No verbal agreement may supersede, replace, or amend this section.
10.2 Termination: Neither the STATE nor TRANSIT may terminate this Agreement without
the written concurrence of the other Party, except as otherwise provided under Sections 1.3, 2.2,
2.3, 2.5, or 4.9.
10.2.1 If this Agreement is terminated prior to the fulfillment of the terms stated herein,
TRANSIT agrees to reimburse the STATE for all costs in accordance with Section 6 which
the STATE has incurred for the Project up to the date of termination, as well as the costs of
all non - cancelable obligations and /or contractor claims.
10.3 Any termination of this Agreement shall not prejudice any rights or obligations accrued
to the STATE and TRANSIT prior to termination.
10.4 Independent contractor: The STATE shall be deemed an independent contractor for all
put-poses, and the employees of the STATE or any of its contractors, subcontractors, consultants,
and the employees thereof, shall not in any manner be deemed to be employees of TRANSIT.
10.5 Indemnification:
10.5.1 The Parties shall protect, defend, indemnify, and hold harmless each other and their
employees and authorized agents, while acting within the scope of their employment as
such, from any and all costs, claims, judgments and /or awards of damages (both to persons
and /or property), arising out of, or in any way resulting from, the Parties' obligations and
the construction of the Project to be performed pursuant to the provisions of this
Agreement. The Parties shall not be required to indemnify, defend, or save harmless the
other Party if the claim, suit, or action for injuries, death, or damages (both to persons
and/or property) is caused by the negligence off the other Party; provided that, .if such
Agreement GCB 1725 Selah Firing Center Park & Ride Lot Page 7 of 9
claims, suits, or actions result from the concurrent negligence of (a) the STATE, its
employees, authorized agents, or contractors and (b) TRANSIT, its employees or
authorized agents, or contractors, 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 negligence of each Party, its employees, authorized agents, and/or contractors.
10.5.2 TRANSIT 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 work under this Agreement while located on state -owned right of way. For this
purpose, TRANSIT, 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.
10.5.3 This indemnification and waiver shall survive the termination of this Agreement.
10.6 Disputes: In the event that a dispute arises under this Agreement, it shall be resolved as
follows: The STATE and TRANSIT 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 infounal 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.
10.7 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 agree that any
such action or proceedings shall be brought in Thurston County Superior Court. Further, the
Parties agree that each will be solely responsible for payment of their own attorney's fees,
witness fees, and costs.
10.8 Audits/Records: All records for the Project in support of all costs incurred shall be
maintained by the STATE for a period of not less than six (6) years. TRANSIT shall have full
access to and right to examine said records during normal business hours and as often as it
deemed necessary. Should TRANSIT require copies of any records, it agrees to pay the costs
thereof. The Parties agree that the work performed herein is subject to audit by either or both
Parties and /or their designated representatives, and /or state of Washington and/or the federal
government.
10.9 Term of Agreement: Unless otherwise provided herein, the term of this Agreement shall
commence as of the date this Agreement is fully executed and shall continue until the Project is
accepted by TRANSIT pursuant to Section 5 or as otherwise provided herein, and all obligations
for payment have been met.
Agreement GCB 1725 Selah Firing Center Park & Ride Lot Page 8 of 9
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10.10 Working Days: Working days for this Agreement are defined as Monday through Friday;
excluding Washington State holidays per RCW 1:16.050.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the Party's date
signed last below:
Yakima Transit STATE OF WASHINGTON
DEPARTMENT OF TRAN ' ! ; ATION
4 ,
By: ier
Name ' of t Don White ouse
Title: L i ' Region Administrator
Date: Date:
telaDtit4
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APPROVED AS TO FORM: APPROVED AS TO FORM: •
By: a By'
y Assistant Attorney General
Date: Date: 1
CITY CONTRAC r N0:
/2
G Z9
RESOLUTION NO:
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Agreement GCB 17,25 Selah Firing Center Park & Ride Lot Page 9 of 9
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AGREEMENT GCB 1725
EXHIBIT "A" COST ESTIMATE
Design and Construct Lot Improvement
Project: Selah Firing Center Park and Ride Lot
ITEM DESCRIPTION AMOUNT
- Design Phase -
Environmental documentation, survey, design, plans,
1 specifications and estimate (PS &E) preparation,
advertisement, award contract $ 42,794
Design Total $ 42,794
- Construction Phase -
Construct by Contract: clear, grade, drain, fence,
2 surface, pave HMA, stripe, curb, sign and
appurtenances $ 127,595
3 Wa St Sales Tax (Amount on State R /W) _ $ 76,054 7.9% $ 6,008
4 Wa St Sales Tax (Amount on County R/W) = $ 51,541 0% $ - -
Contract Subtotal $ 133,603
5 Construction Engineering & Administration $ 43,759
6 Contract Contingencies (4 %) $ 5,344
7 Pavement Repair & Seeding by State Forces $ 4,500
Construction Total $ 187,206
Total Agreement Amount $ 230,000
Notes Maximum amount available for this Project is $230,000.00
•
Appurtenances may include but are not limited to: cul -de-
sac, illumination
Appurtenances may be added per Agreement Section 4.
'Contract Change' after bid award, when remaining funds
can be determined.
Contract Contingency funds may be utilized when
approaching the end of the contract work.
Agreement GCB 1725 Exhibit A - Cost Estimate Sheet 1 of 1
AGREEMENT GBC 1725
SELAH FIRING CENTER PARK & RIDE LOT
Exhibit B — Plan & Details
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Project Work Description:
1. Complete environmental documentation and P.S. &E. for Project,
2. Advertise, award and administer construction contract.
3.. Clear site, remove existing fence, and perpetuate the existing utilities.
4. Grade and drain existing and expansion areas.
5. Place and compact crushed surfacing material.
6. Asphalt the access driveway, as needed, and the existing and expansion lot areas.
7. Construct fencing, curbing, striping, signs, and other items necessary to complete the lot
enlargement and improvement.
8. If funding permits, construct lot cul -de -sac, illumination, patron shelter, and bike rack.
Agreement GCB 1725 Exhibit B — Plan Page 1 of 1
F x .11
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 5.E.
For Meeting of: June 17, 2014
ITEM TITLE: Resolution authorizing a grant agreement with the
Washington State Department of Transportation (WSDOT) to
allow Yakima Transit to expand and resurface the Firing
Center Park & Ride.
SUBMITTED BY: Scott Schafer, Public Works Director, 576 -6411
Alvie Maxey, Acting Transit Division Manager
SUMMARY EXPLANATION:
Due to continued success of the Yakima - Ellensburg Commuter Service, Yakima Transit applied
for grant funding in 2012 to expand and resurface the Firing Center Park & Ride. The funds
were awarded June 2013. The grant agreement in the amount of $240,000 required a 20%
match and since the property is owned and controlled by WSDOT and Yakima County, their
contribution of $60,400 in land will be used as matching funds for this grant. The total cost of the
project is $302,000.
The expansion of the Park & Ride lot will provide added parking for passengers using the
Yakima - Ellensburg Commuter, carpooling, or using Yakima Transit's fixed -route bus system as
it connects through the City of Selah. Because the property is owned by Yakima County and
WSDOT and controlled & maintained by WSDOT, WSDOT will be contracted with to do the
design and construction of the park & ride expansion and resurfacing. There is no cost to the
City of Yakima for the proposed project. The City of Yakima will receive up to $10,000 for costs
related to administering the grant.
Grant Agreement GCB1512 is in the amount of $240,000 (see attached agreement).
Interlocal Agreement GCB 1725 Design and Construction Lot Improvement in the amount, not
to exceed, $230,000 (see attached agreement).
Resolution: X Ordinance:
Other (Specify):
Contract: X Contract Term: 240,000
Start Date: 7/01/2013 End Date: 6/30/2015
Item Budgeted: Yes Amount:
Funding Source /Fiscal WSDOT & Yakima County Property ($60,400) &
Impact: WSDOT Grant ($240,000)
Strategic Priority: Improve the Built Environment
Insurance Required? No
Mail to:
Phone:
APPROVED FOR
SUBMITTAL: - City Manager
RECOMMENDATION:
Staff respectfully requests City Council approve the resolution authorizing the City Manager to
enter into Grant Agreement GCB 1512 & Interlocal Agreement GCB 1725 to expand the Firing
Center Park & Ride Lot and resurface the existing P &R lot.
ATTACHMENTS:
Description Upload Date Type
D Resolution 6/9/2014 Resolution
WSDOT Grant Contract 6/9/2014 Contract
WSDOT Construction Contract 6/9/2014 Contract