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HomeMy WebLinkAboutContractPage 1 of 5 INTERLOCAL AGREEMENT BETWEEN CITY OF RENTON AND CITY OF KENT REGARDING PARTICIPATION IN THE SOUTHWEST 43RD STREET PRESERVATION PROJECT THIS AGREEMENT is made and entered into by and between the City of Renton, hereinafter called "Renton," and the City of Kent, hereinafter called "Kent." This Agreement is made for the purpose of performing permitting, design, acquiring necessary property rights, and construction of improvements to the Southwest 43rd Street Preservation Project between west Renton City limits and SR 167 On/Off Ramp intersection (“Project”). RECITALS A. Part of the Project is within the City of Renton and part of the Project is within the City of Kent. B. The Cities of Renton and Kent have both identified the need for roadway preservation on Southwest 43rd Street to improve the overall condition of the pavement and extend the life of pavement. C. It is in the best interest of Renton and Kent to establish a lead agency to manage this Project and to provide for the permitting, design, environmental review, property acquisition, and construction of the Project. D. Renton and Kent are authorized, pursuant to Chapter 39.34 RCW, to enter into an interlocal government cooperative agreement of this nature. NOW, THEREFORE, Renton and Kent agree as follows: 1. SCOPE OF WORK This Project will rehabilitate the pavement along Southwest 43rd Street to improve the overall condition of the pavement and extend the life of pavement. Pedestrian access routes including crosswalks and their respective curb ramps disturbed within the limits of the roadway rehabilitation will be upgraded to Proposed Accessibility Guidelines for Pedestrian Facilities in the Public Right-of-Way (“PROWAG”) dated July 26, 2011, R3 & R4 standards, 36 Code of Federal Regulations Part 1190. The Scope of Work for this project includes the following: pavement analysis, street rehabilitation, PROWAG curb ramp reconstruction, utility adjustments, re- channelization, and traffic control. 2. TERMS AND CONDITIONS 2.1 Renton will be the lead agency for the Project with regard to permitting, design, environmental review, obtaining right-of-way and other property, if needed, construction and all other matters pertinent to accomplishment of the Project. CAG-24-030 Page 2 of 5 2.2 Renton will be responsible for the advertisement and selection of engineering and other design consultants as necessary for the completion of the engineering design. 2.3 Renton will be responsible for coordinating the public information and involvement effort in Renton and Kent. Kent shall be given the opportunity to attend and participate in any public meetings. 2.4 The parties to this Agreement will appoint a contact person or persons to act as liaison for the Project. These contact persons will meet on an "as needed" basis to provide guidance for the Project and serve as a coordination body between the two agencies. 2.5 Renton will provide 90 percent plans, including traffic control plans, and specifications to Kent for review. Kent will provide written comments, if any, to Renton within the shortest time possible (14 days or less) after Kent receives the plans and specifications. 2.6 Renton will be responsible for the acquisition of all property necessary for the Project. Kent agrees to cooperate in Renton's efforts to acquire property that lies within Kent's portion of the Project area. Any eminent domain proceedings which are instituted as a result of this agreement in either Renton's boundaries or Kent's boundaries will be funded by the Project. 2.7 Kent hereby grants Renton right-of-entry into the incorporated limits of Kent for the purpose of performing any and all tasks necessary to complete the Project, consistent with approval by the City of Kent. 2.8 The final acceptance of the Project design will be by Renton after review and written notification of acceptance by Kent for work completed within Kent’s jurisdiction. 2.9 Kent will be invited to the preconstruction meeting. An invitation will be sent to the appointed contact person for Kent. 3. CONSTRUCTION CONTRACT BIDDING 3.1 Renton will perform project planning, provide a project description, and prepare the contract bid documents for the Project. 3.2 Renton will advertise the contract in the official legal publication for Renton, the Daily Journal of Commerce and Builders Exchange of Washington. 3.3 Renton will provide to Kent a copy of the plans and specifications advertised for bid. Page 3 of 5 3.4 Renton will open the bids. Renton will notify Kent of the time and date of the opening of the bids, which will be approximately five to six weeks after the Project is advertised. Kent may, but need not, attend the opening of the bids. 3.5 Renton will tabulate the bids. Renton shall provide a dated, verified copy of the bid tabulations to Kent. The bid tabulations will identify the estimated construction costs and cost of the apparent low bid. 3.6 Renton will award the contract to the lowest responsive, responsible bidder for the total Project, subject to applicable laws and regulations. 3.7 Renton reserves the right to reject all bidders. 4. CONTRACT ADMINISTRATION 4.1 Renton will provide the necessary engineering, administration, inspection, clerical and other services necessary for the execution of the Project. In providing such services within Kent, Renton’s Public Works Administrator may exercise all the powers and duties of the public works director as set forth in Kent City Code. 4.2 Renton will at all times keep Kent advised as to the progress of the Project, and shall not order or approve any changes in the approved Project design that substantially change the nature of the Project within the limits of Kent without first consulting with and gaining the approval of Kent. 4.3 Prior to Project completion, both parties will perform a mutual final inspection of the Project. Kent may provide a written deficiency list to Renton within ten working days after the final inspection. The contractor will complete only construction deficiencies that comply with the contract specifications. Final Project acceptance will be by Renton and in accordance with Section 2.8. 5. OWNERSHIP AND MAINTENANCE Renton and Kent will own and maintain Project facilities within their respective political boundaries after Project acceptance. 6. PAYMENT There will be no monetary obligations of Kent in the planning, permitting, design, appraisals, acquisition of necessary property, and construction of improvements to the Project. 7. DURATION/TERMINATION 7.1 This Agreement shall remain in effect until final acceptance of the Project. Page 4 of 5 7.2 If expected or actual funding is withdrawn, reduced, or limited in any way prior to the commencement of the Project, Renton may, with 30 days written notice to Kent, terminate this Agreement. 8. INDEMNIFICATION AND HOLD HARMLESS Washington State law shall govern the respective liability between the parties to this Agreement for any loss due to property damage or personal injury arising out of the activities conducted pursuant to this Agreement. 9. DISPUTE RESOLUTION 9.1 In the event of a dispute between the parties regarding this Agreement, the parties shall attempt to resolve the matter informally. If the parties are unable to resolve the matter informally within 30 days, the matter shall be decided by Renton's Public Works Administrator. 9.2 Renton and Kent may also agree to an alternative dispute resolution process. 10. OTHER PROVISIONS 10.1 Renton shall be deemed an independent contractor for all purposes and the employees of Renton, or any of its contractors, subcontractors, and their employees shall not in any manner be deemed to be employees of Kent. 10.2 Nothing contained herein is intended to, nor shall be construed to, create any rights in any party not a signatory to this Agreement, or to form the basis for any liability on the part of Renton, Kent, or their officials, employees, agents, or representatives, to any party not a signatory to this Agreement. 10.3 Waiver of any breach of any provision of this Agreement shall not be deemed to be a waiver of any prior or subsequent breach and shall not be construed to be a modification of the terms of this Agreement. 10.4 Each party shall retain ownership and usual maintenance responsibility for the road, drainage system, signs, sidewalk, and other property within its jurisdiction. 10.5 If any provision of this Agreement shall be held invalid, the remainder of the Agreement shall not be affected thereby if such remainder would then continue to serve the purposes and objectives of the parties. 10.6 The captions in this Agreement are for convenience only and do not in any way limit or amplify the provisions of this Agreement. 10.7 This Agreement contains the entire agreement of the parties and any representations or understandings, whether oral or written, not incorporated herein are excluded. Page 5 of 5 10.8 This Agreement may be amended only by an instrument in writing, duly executed by both parties. 10.9 Renton shall provide notice to the Kent contact person identified in section 2.4 at least 5 days’ notice prior to the beginning of construction to allow Kent to post traffic advisories to the community. IN WITNESS WHEREOF, the parties have entered into this Agreement effective as of the date last written below. CITY OF RENTON By:_____________________________ CITY OF KENT By:____________________________ Armondo Pavone Mayor Dana Ralph Mayor _____________________________ Date _____________________________ Date Attest _____________________________ Jason A. Seth City Clerk Attest _____________________________ Kimberley A. Komoto City Clerk Approved as to Legal Form By: __________________________ Approved as to Legal Form By: __________________________ Shane Moloney City Attorney Tammy White City Attorney Melissa McCormick on behalf of 2/15/2024 Approved by Cheryl Beyer via 1/16/2024 email