Department of Transpoml OFFICE COPY DESIGN-BUILD CONTRACT Contract Form SR 99/Demolition, Decommissioning, and Surface Street Project (?Project?) Washington State Department of Transportation THIS DESIGN-BUILD CONTRACT, is entered into this, $115+ day of 2018, between the STATE OF WASHINGTON, acting through the fihington State Department of Tran3portation, and the Secretary of Transportation under Title 47 RCW, as amended and Kiewit Infrastructure West Co. (the ?Design-Builder?) collectively (the ?Parties? I a corporation organized and existing under the laws of the State of Delaware, or CI a partnership, consisting of or a limited liability company (LLC), consisting of or a joint venture, consisting of or CI an individual conducting business as the location of whose principal of?ce is 33455 6th Ave Federal Wav, WA 98003-6335, WITNESSETH: That WSDOT and the Desi git-Builder, for the consideration hereinafter named, agree as follows: 1. DEFINED TERMS Terms used in this Contract and not otherwise de?ned herein shall have the meanings set forth in General Provisions Section 1-01. 2. SCOPE OF WORK The Design-Builder shall furnish the design of and construct the Project in accordance with the Contract Documents. Refer to Exhibit A for a general description of the Project and to General Provisions Section 1-04 for information regarding the scope of the Work. The Design-Builder acknowledges that the scope of the Work includes: Re5ponsibility for and control of the Work, subject to review and approval of Design-Builder?s design by WSDOT as described in the Contract Documents; Responsibility for construction quality control inspection and testing and for quality assurance of both the design and construction; and Obtaining Governmental Approvals as speci?ed in the Contract Documents, and compliance with all requirements of applicable Governmental Approvals, including those obtained by WSDOT. CONTRACT FORM 3R QQINaekan Way Viaduct Demotitlon. Decommissioning. and Surface Street Project Page 1 of 8 The Design-Builder covenants and agrees that all of the Work shall be performed in a workmanlike manner and in accordance with the standard of care applicable to contractors and designers performing similar work in the State of Washington. 3. COMPENSATION WSDOT shall pay the Design-Builder the lump sum Contract Price of $93,749,999.00, in the manner provided for in the Contract Documents, as full compensation for performance of the Work. A breakdown of the Contract Price is as follows: PRICE LINE 0. ITEM DESCRIPTION UNIT ITEM TOTAL 1 Total for Design - Build Work, Lump Sum $5,000,000 Viaduct Demolition (Under Revenue Rule 170) 2 Total for Design?Build Work, Lump Sum 7531000900 Viaduct Demolition and Temporary Marion Street Pedestrian Bridge (Under Revenue Rule 171) 3 Total for Design Build Work, Lump Sum $35,000,000 Battery Street Tunnel (as de?ned below in Section A) (Under Rule 171) 4 Total for Design - Build Work, Ltunp Sum $17,520,000 North Surface Streets (as de?ned below in Section B) (Under Rule 171) 5 Remove 1 15kV Cables, Lump Sum $50,000 Agreement 6 13.8kV Ductbanlcs, Thomas Lump Sum $650,000 Agreement 7 13.8kV Ductbanks, John Lump Sum $300,000 Agreement 8 13.8kV Ductbank Incentive (as de?ned below in Section C) Lump Sum $80,000.00 9 Asphalt Cost Price Adjustment Calculated .00 10 HMA Compliance Price Adjustment Calculated -$1.00 1 I-IMA Compaction Price Adjustment Calculated .00 CONTRACT FORM SR SQINaskan Way Viaduct Demolition, Decommissioning, and Surface Street Project Page 2 of 8 12 Material Compliance Price Adjustment Calculated .00 13 Cyclic Density Price Adjusnaeat Calculated -$1.00 14 Minor Change I Calculated -$1.00 15 WSDOT ShareDRB/Partnering i Estimated I. $150,000.00 for Third-Party Damage Estimated $5.00 A. The total for Design?Build Work, Battery Street Tunnel (Under Rule 171), shall include: 1. All Work to decommission the Battery Street Tunnel, with the exception of the bulkhead on the north end of the Battery Street Tunnel. 2. All Work at the South Portal of the Battery Street Tunnel. All Utility Work associated with the Battery Street Tunnel Decommissioning from the north curb line of Denny Way to Western Avenue. 4. All illumination and signal Work on Aurora Avenue and Battery Street south of the Denny Way intersection to Western Avenue and the South Portal of the Battery Street Tunnel. 5. All ADA improvement Work on Battery Street from the intersection of Battery Street and Sixth Avenue to the intersection of Battery Street and Western Avenue, and ADA improvement Work at the South Portal of the Battery Street Tunnel. B. The total for Design-Build Work, North Surface Streets (Under Rule 171), shall include: 1. All Work on Aurora Avenue N. from the north curb line of Denny Way to the south side of the Harrison Street intersection, including the bulkhead Work on the north end of the Battery Street Turmel. 2. The signal replacement at the intersection of Denny Way and Aurora Avenue N. All surface civil Work within the limits of the Basic Con?guration shown in Appendix M01.03, excluding the illumination on Aurora Avenue south of the Denny Way intersection. 4. All Work on Sixth Avenue N., Harrison Street, and Taylor Avenue N. All Work on John Street and Thomas Street with the exception of the 13.8 kv ductbank Work for Price Line Nos. 6 and 7 above. C. The 13.8kV Ductbank Incentive will be paid to the Design-Builder if the on-site construction Work for Price Line No. 6 is completed within 90 Calendar Days of Notice to Proceed 2. Said amount is subject to adjustment as speci?ed in the Contract Documents. 4. CONTRACT TIME 4.1 Notice To Proceed. The Desi gn-Builder shall begin the Work upon receipt of the Notice to Proceed 1, Notice to Proceed 2, and Notice To Proceed 3 unless WSDOT gives its consent, in writing, for Work to begin at a later date. The Design- Builder shall thereafter diligently prosecute the Work so as to achieve Substantial Completion of Viaduct Demolition, Substantial Completion of North Surface Streets, Substantial Completion, Physical Completion and Completion within the speci?ed times. CONTRACT FORM SR 991'Alaskan Way Viaduct Demolition, Decommissioning, and Surface Street Project Page 3 of 8 4.2 Deadline for SubstantialCompletion. The deadline for Substantial Completion of the Project is 749 Calendar Days starting on the ?rst Calendar Day after the effective date of the Notice to Proceed 1. No extension of said deadline shall be effective unless in writing signed by WSDOT. See General Provisions Section for information regarding requirements to be met in order to achieve Substantial Completion. See General Provisions Section 1-08.8 for information regarding time extensions. Any extension shall be for such time and upon terms and conditions as shall be ?xed by WSDOT in accordance with the terms of the Contract, which may include the assessment of liquidated damages. See General Provisions Section 1-08.9 for information regarding liquidated damages. 4.3 Deadlines for Physical Completion and Completion. The deadline for Physical Completion is 90 Calendar Days from the date Substantial Completion is achieved, and the deadline for Completion is 90 Calendar Days from the date Physical Completion is achieved. See General Provisions Section for information regarding the requirements to be met in order to achieve Physical Completion, and see General Provisions Section for information regarding the requirements to be met in order to achieve Completion. 5. . CONTRACT DOCUMENTS The term "Contract Documents" shall mean the documents listed below, including all addenda: Change Orders and Supplemental Agreements; The Design Build Contract (Contract Form), excluding Exhibit - WSDOT Identi?ed Betterments. WSDOT Identi?ed Betterments (Exhibit B), from the Desi gn-Builder?s Proposal. General Provisions RFP Chapter 1; Technical Requirements RFP Chapter 2; All other RFP Documents listed as Contract Documents RFP Appendix and Design-Builder?s Preposal Documents. Nu?l Said Contract Documents are hereby incorporated by reference herein as if set forth. 5.1 Order of Precedence In the event of any con?ict among the Contract Documents, the order of precedence shall be as set forth in General Provisions Section 1-03.2. 5.2 Interpretation of Contract Refer to General Provisions Section 1-03 for provisions regarding interpretation of the Contract. In case of any ambiguity or dispute over interpreting the Contract, decision will be ?nal as provided in General Provisions Section 1-05.1. 6. PROJECT ORGANIZATION. Refer to Exhibit for a list of the authorized representatives of WSDOT and the Design-Builder and their contact information. IN WITNESS WHEREOF, the Design-Builder and WSDOT have caused this instrument to be executed on the day and year ?rst above written. CONTRACT FORM SR QQMIaakan Way Viaduct Demolition, Decommissioning, and Surface Street Project Page 4 of 8 WASHINGTON STATE DEPARTMENT OF TRANSPORTATION Direc of Transportation VERFIED AS AN i AUTH SIGNER JUN 1 9 201B Kiewit West Co. (- By: BY we: CAPS Name: Pat oderberg Title: Senior Vice President CC KIEWIIW904M1 Washington Contractor License Number Kari CONTRACT FORM SR 99lAlael-tan Way Viaduct Demolition, Decommissionlng. and Surface Street Project Page 5 of a EXHIBIT A PROJECT DESCRIPTION The Project description is included in Section 2.1.1.4 of the Technical Requirements. The Project is located within King County, Washington. CONTRACT FORM I- SR 99iAlaskan Way Viaduct Demolition, and Surface Street Project Page 6 of a f. EXHIBIT WSDOT IDENTIFIED BETTERMENTS The following elements of the Proposal are identi?ed as Betterrnents in accordance with Chapter 1 of the RFP: 1. Kiewit shall co-locate with WSDOT at the 1426 Alaskan Way Integrus Building for duration of Project. Kiewit shall provide a responsible engineer, design reviewer, and designated ?eld inspectors for each demolition operation. High-risk items shall require additional oversight, independent design reviews, and inspections by the designer during critical stages of construction. Kiewit shall use large specialized excavators with concrete processing attachments, in constrained locations A through F, along the existing viaduct, as described on Proposal Demolition Means and Methods sheet 2 of 7. Kiewit shall use large specialized excavators with concrete processing to remove stringers, ?oor beams, girders and columns as described on Typical Mechanical Demolition Sequence sheet 3 of 7. Kiewit shall use the specialized excavators with concrete processing attachments to break up the large concrete beams and girders in place, reducing the size of the resulting rubble. ?coumcr FORM SR Way Viaduct Demolition. Decommissioning, and Surface Street Project Page 7 of 8 f. EXHIBIT PROJECT ORGANIZATION WSDOT Contact: Design Builder Contact: Chris D. Brown, P.E. Dan Hemenway 999 Third Avenue, Suite 2200 33455 6th Ave. 80. Seattle, WA 98104 Federal Way. WA 98003-6335 Phone: (206) 805 6435 Phone: 206-743-1920 Email: browncd@wsdot.wa.gov Email: Dan.Hemenway@kiewit.oom CONTRACT FORM SR ?Weaken Way Viaduct Demolitlon. Decommissioning, and Surface Street Project Page 8 of