HomeMy WebLinkAboutApproved as to legal form_I LIne Performance PASA 20240917 - signed by KCM 10-10-24Public Agency Agreement for Performance Page 1 of 5
PUBLIC AGENCY AGREEMENT FOR PERFORMANCE (Project No. RapidRide I Line)
Grantor/Borrower: King County Metro Grantee/Assignee/Beneficiary: City of Renton
Civil Construction Permit #: C21001128
Project Title: RapidRide I Line
THIS AGREEMENT ("AGREEMENT") made and entered into on the day of October, 2024, by and between the City of Renton, a municipal corporation of the State of Washington, hereinafter referred to as "CITY", and King County, a home rule charter county and political subdivision of the State of
Washington (the “APPLICANT”), hereinafter referred to as "APPLICANT", (collectively, the "PARTIES").
WITNESSETH:
WHEREAS, the undersigned APPLICANT will construct public roads and/or drainage facilities and other public improvements to be deeded to the CITY in connection with the above-referenced project; and
WHEREAS, the APPLICANT has agreed to secure the successful
completion of said improvements for the referenced project pursuant to RMC 4-6-030 and RMC 9-10-5.
NOW THEREFORE, the APPLICANT hereby agrees and binds itself and its
legal representatives, successors, and assigns as follows: 1.The APPLICANT guarantees that construction, maintenance and restoration ofroadway, site, drainage, retention/detention, water, and transit passenger
facilities will occur in full compliance with the approved construction plans and
profiles, including any approved amendments thereto, and in full conformancewith applicable CITY ordinances, standards and specifications, to thesatisfaction of the CITY.
2.The CITY must approve (in writing) any proposed changes from the approved
plans prior to the APPLICANT beginning such work.
3.Prior to beginning construction, a preconstruction meeting shall be held with theCITY, the APPLICANT and the APPLICANT’S contractor(s).
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4.The APPLICANT shall be responsible for the cost of any corrective work on oroff the site or within the right of way to the extent that such corrective measuresare associated with work performed and/or not completed.
5.The APPLICANT shall pay any fees required in conjunction with the projectpursuant to the City of Renton Fee Schedule or as otherwise agreed betweenthe Parties.
6.If the APPLICANT fails to proceed with due diligence and in good faith in the
work provided herein, the APPLICANT shall remove all or part of constructed
facilities and restore all disturbed areas of the site to its original or bettercondition at the APPLICANT’S sole expense. The APPLICANT shall not stop,delay or abandon the project without first rectifying any damage, stabilizing andrestoring the right of way and/or site by grading, hydroseeding, and/or
landscaping as may be required by the CITY.
7.The APPLICANT shall furnish to the CITY a set of “final corrected plans” (photoMylar quality) of all required public and private facilities when applicable.
8.The APPLICANT shall be responsible for the proper performance, safe conduct
and adequate policing and supervision of the project. This responsibility shallnot be lessened or otherwise affected by the CITY’S approval of plans,specifications, or work, or by the presence at the work site of the CITY’Srepresentative(s), or by the compliance by the APPLICANT with any requests
made by said representative(s).
9.The APPLICANT shall indemnify and hold the CITY and its agents, employeesand/or officers harmless from and shall process and defend at its own expenseall claims, damages, suits at law or equity, actions, penalties, losses, or costs
of whatsoever kind or nature, brought against the CITY arising out of, in
connection with, or incident to the execution of this AGREEMENT and/or theAPPLICANT’S performance or failure to perform any aspect of theAGREEMENT. Provided, however, that nothing herein shall require theAPPLICANT hold harmless or defend the CITY from any claim arising from the
sole negligence of the CITY’S agents, employees and/or officers. Provided
further, that if RCW 4.24.115 applies to this AGREEMENT then the foregoingindemnity shall be enforceable only to the extent of the APPLICANT’scontributory negligence; and if RCW 4.24.115 applies to this AGREEMENT thenthe CITY and APPLICANT each agree to waive their respective immunity under
Washington’s Industrial Insurance Act, RCW Title 51, as respects the other
party only, and only to the extent necessary to provide the indemnified partywith a full and complete indemnity of claims made by the indemnitor’semployees. This waiver was mutually negotiated by the CITY and APPLICANT.
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10.In the event that any party deems it necessary to institute legal action orproceedings to enforce any right or obligation under this AGREEMENT, theparties hereto agree that any such action or proceeding shall be brought in acourt of competent jurisdiction situated in King County, Washington.
11.Release Requirements: This AGREEMENT shall remain in force and effectand shall not be released until all terms of this AGREEMENT have beencompleted to the satisfaction of the City of Renton.
IN WITNESS WHEREOF, the PARTIES hereto have executed thisAGREEMENT on the date and year first above set forth.
CITY OF RENTON:
Gina Estep, Administrator of Department of Community and Economic Development
STATE OF WASHINGTON ) ) ss COUNTY OF KING )
I certify that I know or have satisfactory evidence that Gina Estep is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Administrator of Department of Community and Economic Development
of the City of Renton to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument.
GIVEN under my hand and official seal this __________ day of October, 2024.
Notary Public in and for the State of Washington
Residing at
My appointment expires
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