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rs énton CAPITAL PLANNING
eeePees AND CONSTRUCTION
DATE:November6,2024
TO:Dr.Damien Pattenaude,Superintendent
FROM:Matt Feldmeyer,Executive Director —Capital Planning &Construction
FOR BOARD DATE:November 13,2024 ang24
CONSENT AGENDA ITEM:Public Agency Agreement with the City of Renton
The attached City of Renton Public Agency Agreement guaranteesthat the construction,
maintenance and restoration of roadways,site,drainage,retention/detention,water and
sanitary sewerfacilities will be built in full compliance with the approved construction plans
for Hazen High School Modernization andwill fully conform to applicable City of Renton
ordinances,standards and specifications.
DISTRICT PRIORITIES:
Removing Barriers &Supporting Students
BUDGET IMPLICATION:
No additional budget capacity required.
RECOMMENDATION:
Request approval of the City of Renton Agency Agreement at Hazen High School.
Attachment:Public Agency Agreement for Performance Board?
|haye reviewed and_recgmmendapproval of this reque ls Qu,OALMwy.OF ke Y MVE
ennifer A JFartne Date
Assistant Superintendent of Finance and Operation/CFO
SERVICE |EXCELLENCE |EQUITY
7812 S 124!St,Seattle,Washington 98178-4830 |p.425.204.4403 |f425.204.4476
Return Address:City of Renton
City Clerk
Renton City Hall1055S.Grady Way
Renton,WA 98057
Abovethis line reserved for recording information.
PUBLIC AGENCY AGREEMENT FOR PERFORMANCE
(Project No.C23004873)
Grantor/Borrower:
Grantee/Assignee/Beneficiary:
Legal Description/STR:
Assessor's Tax Parcel |D#:Project Title:
Renton SchoolDistrict
City of Renton
N 1/2 OF NW 1/4 OF NW 1/4 OF NE 1/4
LESS N 30 FT &E 30 FT FOR RDS
LESS E 200 FT OF N 170 FT ALSON
15 FT OF S 1/2 OF NW 1/4 OF NW 1/4
OF NE 1/4 LESS E 30 FT FOR RD
102305-9278C23004873Hazen High School
Portables
THIS AGREEMENT("AGREEMENT")made andentered into on the /3”day
of November,2024,by and between the City of Renton,a municipal corporation of
the State of Washington,hereinafter referred to as "CITY",and Renton School
District,a Washington public body,corporate and politic,hereinafter referred to as
"APPLICANT",(collectively,the "PARTIES".
WITNESSETH:
WHEREAS,the undersigned APPLICANTwill constructed public roads and/or
drainage facilities and other public improvements to be deeded to the CITY in
connection with the above-referenced project;and
Public Agency Agreementfor Performance Page 1 of 6
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.
Public Agency Agreement for Performance Page 2 of 6
NOW THEREFORE,the APPLICANT hereby agrees and bindsitself and its legal
representatives,successors,and assigns asfollows:
1.The APPLICANT guarantees that construction,maintenance and restoration of
roadway,site,drainage,retention/detention,water,and sanitary sewer facilities
will occur in full compliance with the approved construction plans andprofiles,
including any approved amendments thereto,and in full conformance with
applicable CITY ordinances,standards and specifications,to the satisfaction of
the CITY.
lf the subdivision,short subdivision,or site plan is not recorded,or the building
does not receive any certificate of occupancy or final building permit,the
APPLICANT agreesto restore the right of way to its original condition or better
AND stabilize the site or comply with the conditions of any permit or approval,
including,but not limited to,corrective work necessary to provide drainage
consistent with approved plans and conditions,and to protect the public health,
safety,and welfare,including effects on water quality.
The CITY must approve(in writing)any proposed changes from the approved
plans prior to the APPLICANT beginning such work.
Prior to beginning construction,a preconstruction meeting shall be held with the
CITY,the APPLICANT and the APPLICANT'S contractor(s).
The APPLICANT shall be responsible for the cost of any corrective work on or
off the site or within the right of way to the extent that such corrective measures
are associated with work performed and/or not completed.
The APPLICANT shall pay any fees required in conjunction with the project
oursuant to the City of Renton Fee Schedule.
If the APPLICANTfails to proceed with due diligence and in goodfaith in the
work provided herein,the APPLICANTshall removeall or part of constructed
facilities and restore all disturbed areas of the site to its original or better
condition at the APPLICANT’S sole expense.The APPLICANT shail not stop,
delay or abandonthe project withoutfirst rectifying any damage,stabilizing and
restoring the right of way and/or site by grading,hydroseeding,and/or
landscaping as may be required by the CITY.
The APPLICANTshall furnish to the CITY a set of “final corrected plans’(photo
Mylar quality)of all required public and private facilities when applicable.
Public Agency Agreementfor Performance Page 3 of 6
9,The APPLICANTshall be responsible for the proper performance,safe conduct
and adequate policing and supervision of the project.This responsibility shall
not 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'S
representative(s),or by the compliance by the APPLICANT with any requests
made by said representative(s).
13.The APPLICANTshall indemnify and hold the CITY and its agents,employees
and/or officers harmless from and shall process and defend at its own expense
all 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 AGREEMENTand/orthe
APPLICANT'S performance or failure to perform any aspect of the
AGREEMENT.Provided,however,that nothing herein shall require the
APPLICANThold harmless or defend the CITY from any claim arising from the
sole negligence of the CITY’S agents,employees and/or officers.
14.In the event that any party deems it necessary to institute legal action orproceedingstoenforceanyrightorobligationunderthisAGREEMENT,the
parties hereto agree that any such action or proceeding shall be broughtin a
court of competent jurisdiction situated in King County,Washington.
Release Requirements:This AGREEMENTshall remain in force and effect and shall
not be released until all terms of this AGREEMENT have been completed to the
satisfaction of the City of Renton.
IN WITNESS WHEREOF,the PARTIES hereto have executed this
AGREEMENTonthe date and yearfirst above setforth.
Public Agency Agreement for Performance /Page 4 of 6
CITY OF RENTON:
Gina Estep,Administrator of Department of Community and Economic
Development
STATE OF WASHINGTON )
)ss
COUNTY OF KING )
|certify that |know or have satisfactory evidence that Chip Vincentis 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
acknowledgedit as the Administrator of Department of Community and
Economic Developmentof the City of Renton to be the free and voluntary act of
such party for the uses and purposes mentionedin this instrument.
GIVEN under my hand andofficial seal this day of November,2024.
Notary Public in and for the State of Washington
Residing at
My appointment expires _
Public Agency Agreementfor Performance Page 5 of 6
RENTON SCHOOL DISTRICT:
SPAKE
He Anitondert
ETATE OF WASHINGTON
)ss
COUNTY OF KING )
|certify that |know or have satisfactory evidence that Damien Pattenaudeis 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
acknowledgedit as the Superintendentof the Renton School District to be the free
and voluntary act of such party for the uses and purposes mentionedin this
instrument.
GIVEN under my hand andofficial seal this £37"__day of November,2024.
Krda_CB2LSANDRAMDOLPHNotaryPublicSezLee1.LolihStateofWashingtCommission#135487 Notary Public in and for the State of Washington
My Comm.Expires Nov 27,2025 Residing at kntoy,LA
:My appointment expires
File:C21004289
Public Agency Agreementfor Performance Page 6 of 6