HomeMy WebLinkAboutAdden 2 CAG-06-069, Adden #2-08
SECOND AMENDMENT TO AN AGREEMENT
BETWEEN THE
CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY
AND THE CITY OF RENTON
Rainier Avenue Arterial Improvement Project
Railroad Bridge Construction Phase
THIS Second Amendment is made this I (.*1 day of/V.evv' , 2008 to the Interlocal
Cooperative Agreement between the Central Puget Sound Regional Transit Authority (hereinafter
referred to as "Sound Transit") and the City of Renton, a municipal corporation ("Renton" or
"City"), dated May 3, 2006
RECITALS
WHEREAS, the City and Sound Transit entered into an Interlocal Cooperative Agreement
on May 3, 2006 (the "2006 Agreement")to outline the scope, schedule and budget for the Strander
Boulevard/SW 27th Street Extension, West Valley Highway to Oaksdale Ave S.W., and Rainier
Avenue Arterial Improvements Projects; and
WHEREAS, the Parties amended the scope of the Rainier Avenue Arterial Improvements
Project resulting in the First Amendment to an Agreement Between the Central Puget Sound
Regional Transit Authority and the City of Renton (the "First Amendment to the 2006 Agreement"),
without increasing Sound Transit's financial contribution as provided in the 2006 Agreement; and
WHEREAS,the Rainier Avenue Arterial Improvement Project will construct a north and
southbound business access and transit (BAT) lanes on Rainier Avenue South that will improve
Sound Transit and King County Metro express bus service; and
WHEREAS, future construction of the BAT lanes on Rainer Avenue South are contingent
upon the rebuilding and lengthening of the BNSF Rainier Avenue South Railroad Overpass, which
BNSF has rebuilt and lengthened; and
WHEREAS, the cost to the City to rebuild and lengthen the Rainier Avenue South Railroad
Overpass is estimated to be $4,682,000
NOW THEREFORE, for and in consideration of the mutual covenants contained herein the
City and Sound Transit do hereby agree to amend the 2006 Agreement as follows.
1.0 PURPOSE
The purpose of this Second Amendment to the 2006 Agreement is to describe the commitments of
the Parties relative to the Rainier Avenue Arterial Railroad Overpass Improvement Sub-Project,
which is one component of the larger Rainier Avenue Arterial Improvements Project.
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2.0 SCOPE AND SCHEDULE OF RAINIER AVENUE ARTERIAL RAILROAD
OVERPASS IMPROVEMENT SUB-PROJECT
2.1 Rainier Avenue Arterial Railroad Overpass Improvement Sub-Project: General
Project Scope, Description. BNSF will reconstruct the Rainier Avenue South
Railroad Overpass, more particularly described on the Exhibit A attached hereto and
incorporated herein, including, but not limited to, any and all changes to utilities and
appurtenances, temporary and permanent track work, fencing, grading, alterations to
or new construction of drainage facilities and construction engineering.
2.2 The construction of the Rainier Avenue Arterial Railroad Overpass Improvement
Sub-Project was completed in Winter 2007/2008.
3.0 FUNDING OBILIGATIONS
3.1 As provided in the 2006 Agreement, and which will remain unchanged by this
Second Amendment, Fourteen Million Nine Hundred Thousand dollars
($14,900,000) will be the maximum amount of the Sound Transit funding
contributions to the City for completion of the Rainier Avenue Arterial
Improvements Project. As more fully set forth in the 2006 Agreement, Two Million
Five Hundred Thousand Dollars ($2,500,000) of that amount is for completion of the
preliminary engineering and environmental documentation for the Transit Elements,
and the remaining Twelve Million Four Hundred Thousand Dollars ($12,400,000) is
for right-of-way acquisition, final design and construction of the Transit Elements.
3.2 Pursuant to this Second Amendment, Sound Transit will pay to the City the amount
of Two Million Five Hundred Thousand Dollars ($2,500,000) for the Rainier Avenue
Arterial Railroad Overpass Improvement Sub-Project. The amount provided
pursuant to this Second Amendment shall be considered part of the Twelve Million
Four Hundred Thousand Dollars ($12,400,000) for right-of-way acquisition, final
design and construction of the Transit Elements. The estimate of Project costs is
attached at Exhibit B.
3.3 The remaining portion of Sound Transit's funding for the right-of-way acquisition,
final design and construction of the Transit Elements of the Rainier Avenue Arterial
Improvements Project will be provided pursuant to separate agreements for final
design and construction that will incorporate terms and conditions consistent with the
2006 Agreement and all applicable amendments thereto and other terms appropriate
for these phases of the work.
3.4 All remaining funding for the Rainier Avenue Arterial Improvements Project,
including the preliminary engineering and environmental documentation, and final
design,right of way acquisition, and construction of the City's Projects will be
provided by the City through City funds or other funding obtained by the City. If the
actual cost of the Rainier Avenue Arterial Improvements Project exceeds the City's
estimates for the project, Sound Transit shall not be obligated to increase its
contribution under the 2006 Agreement or this or any prior amendment to the 2006
Agreement. If the total Project costs exceed the available matching funding from the
City or other sources,the City may reduce the scope of the general purpose
improvements, but in no event shall the City reduce the size and scope of the Transit
Elements, unless written approval is received from Sound Transit.
3.5 The Parties acknowledge that the Rainier Avenue Arterial Railroad Overpass
Improvement Sub-Project is not a Transit Element.
3.6 In the event that the City for any reason:
• does not substantially begin construction activities related to the Transit
Elements of the Rainier Avenue Arterial Improvements Project by
January 31, 2010 or
• does not achieve substantial completion of all of the Transit Elements of
the Rainier Avenue Arterial Improvements Project by April 1, 2012,
the City shall, within thirty (30) days of written request by Sound Transit, reimburse
to Sound Transit all amounts paid under this Second Amendment by Sound Transit
to the City,plus interest. Interest shall be calculated from the date Sound Transit
provides the funds to the City until the date such funds are returned to Sound Transit.
Interest shall be calculated at a rate of six percent (6%)per annum.
4.0 EFFECT OF SECOND AMENDMENT
Unless expressly revised by this Second Amendment, all other terms and conditions of the
2006 Agreement, as amended by the First Amendment to the 2006 Agreement, shall remain in
effect and unchanged by this Second Amendment.
IN WITNESS WHEREOF, the Parties hereto hereby agree to the terms and
Conditions of this Agreement as of the date first written above.
For the Cit of Renton: For Sound Transit:f_,AAr..,., eiht, '1-4,- 'A' (--4(f---4---
By: Denis Law a-a 9-,2008 By: OM. Earl
Title: Mayor Title: ecutive Officer
Approved . orm: Approved a o Fo ••.
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By: Lawrence J. Warren :y: • -n G. Armstrong
Title: Renton Legal Counsel Title: Sound Transit Legal Counsel
Attest:
&, J. l&Ja�e 00 eve
By: Bonnie I. Walton
Title: Renton City Clerk
RE EIVED
SOUNDTRANSIT 2008 TRANSMITTAL
Transportation Systems Div.
Central Puget Sound
Regional Transit Authority DATE March 10, 2008
Union Station
401 S.Jackson St. TO Jim Seitz
Seattle,WA 98104-2826
ORGANIZATION Ciy of Renton
ADDRESS 1055 South Grady Way
PHONE FAX
DEPT
PHONE FAX (206) 398-5009
TRANSMITTED ARE THE FOLLOWING MATERIALS
ITEM DESCRIPTION CODE
1 Signed Amendment no. 2nd 7
1 PER YOUR REQUEST 3 FOR YOUR APPROVAL 5 FOR YOUR INFORMATION 7 FOR YOUR FILES
2 FOR YOUR REVIEW 4 FOR YOUR ACTION 6 RETURN WITH COMMENTS 8 OTHER
COMMENTS
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