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CAG-08-047
INTERLOCAL AGREEMENT
BETWEEN THE CITY OF RENTON AND THE CITY OF TUKWILA
REGARDING
PARTICIPATION IN THE SW 27TH STREET/STRANDER BLVD. EXTENSION PROJECT
THIS AGREEMENT is made and entered into by and between and the City of Renton,("Renton")
and the City of Tukwila, ("Tukwila"). This Agreement is made for the purpose of performing the
planning, design, acquisition of necessary property, and construction of improvements to the SW 27th
Street/Strander Blvd. Extension Project between West Valley Highway (SR-181) and Oakesdale Ave.
SW ("Project").
RECITALS
A. Part of the Project is within the City of Renton and part of the Project is within the City of
Tukwila.
B. The cities of Renton and Tukwila have both identified the need for extending Strander Blvd./
SW 27th Street to connect to Oakesdale Avenue South to provide an additional east/west
arterial connection between the cities.
C. It is in the best interest of Renton and Tukwila to establish a lead agency to manage this
Project and to provide for the design, environmental review, property acquisition and
construction of the Project.
D. Renton and Tukwila are authorized, pursuant to RCW Chapter 39.34, to enter into an
interlocal government cooperative agreement of this nature.
NOW, THEREFORE, Renton and Tukwila agree as follows:
AGREEMENT
1. SCOPE OF WORK
This Project will extend Strander Blvd./SW 27th Street between West Valley Highway (SR-181) and
Oakesdale Ave. SW in order to provide a new east/west arterial connection between Renton and
Tukwila. This project will provide a link between Strander Boulevard and SW 27th Street, including
grade separated crossing of the UPRR and BNSF railroads and access to the Sound Transit
commuter rail station.
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2. TERMS AND CONDITIONS
2.1 Renton shall be the lead agency for the Project with regard to design, environmental
review, obtaining right-of-way and other property, if needed, construction and all other
matters pertinent to accomplishment of the Project.
2.2 Renton shall 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 shall be responsible for coordinating the public information and involvement
effort in both Cities. Tukwila shall be given the opportunity to attend and participate in
any public meetings.
2.4 Renton shall provide to Tukwila the necessary permit applications for the construction of
that portion of the Project within Tukwila's jurisdiction.
2.5 The parties to this Agreement shall 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.
2.6 Renton will provide 70 and 95 percent plans and specifications to Tukwila for review.
Tukwila will provide written comments, if any, to Renton within the shortest time
possible (goal: 30 days or less) after Tukwila receives the plans and specifications.
2.7 Renton shall be responsible for the acquisition of all property necessary for the Project.
Tukwila agrees to cooperate in Renton's efforts to acquire property that lies within
Tukwila'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 Tukwila's
boundaries will be funded by the Project.
2.8 Tukwila hereby grants Renton right-of-entry into the incorporated limits of Tukwila for
the purpose of performing any and all tasks necessary to complete the Project.
2.9 The final acceptance of the Project design shall be by Renton after review by Tukwila.
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3. CONSTRUCTION CONTRACT BIDDING
3.1 Renton shall perform project planning, provide a project definition and prepare the
contract bid documents for the Project.
3.2 Renton shall advertise the contract in the official legal publication for the City of Renton
and, if necessary, other newspapers to provide the widest possible coverage
commensurate with the size of the Project.
3.3 Renton will provide to Tukwila a copy of the plans and specifications advertised for bid.
3.4 Renton will open the bids. Renton will notify Tukwila of the time and date of the opening
of the bids, which will be approximately five to six weeks after the Project is advertised.
Tukwila 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 Tukwila. The bid tabulations will identify the estimated construction,
inspection, and overhead cost, based upon the lowest responsible bid.
3.6 Renton shall award the contract to the lowest responsive, responsible bidder for the total
Project, subject to applicable laws and regulations.
4. CONTRACT ADMINISTRATION
4.1 Renton shall provide the necessary engineering, administrative, inspection, clerical and
other services necessary for the execution of the Project. In providing such services
within Tukwila, Renton's Planning/Building/Public Works Administrator may exercise
all the powers and perform all the duties vested by law or ordinance in the City of
Tukwila Engineer or other Tukwila officer or department charged with street
administration.
4.2 Renton will at all times keep Tukwila 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 the City of Tukwila without first
consulting with and gaining the approval of Tukwila.
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4.3 Prior to Project completion, both parties shall perform a mutual final inspection of the
Project. Tukwila 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's
Planning/Building/Public Works Administrator.
5. OWNERSHIP AND MAINTENANCE
5.1 Relocated water and sewer utilities in Tukwila currently owned and operated by Renton
will remain City of Renton facilities and Renton will assume ownership and maintenance
after final contract acceptance by the City of Renton.
5.2 The cities will own and maintain Project facilities within their respective political
boundaries after project acceptance. Accordingly, stormwater detention will be in
Tukwila's ownership and maintenance responsibility. Wetland mitigation will be in
Renton's ownership and maintenance responsibility. The new SW27/Strander Blvd.
roadway will be owned and maintained by each city within its political boundaries.
6. COST SHARING— Phase 1
This section provides for the sharing of costs by the two parties for the purpose of performing the
planning, design, appraisals, acquisition of necessary property, and construction of improvements to
the SW 27th Street/Strander Blvd. Extension Project between West Valley Highway (SR-181) and
Oakesdale Ave. SW.
The project as described above has two phases, shown in Attachment 2: Phase 1 includes all the
ROW, road construction, retention of a Longacres Way access through the railroad embankment, and
relocation of the UPRR tracks (including utility relocation); Phase 2 includes the construction of the
bridge itself(overcrossing), and access to the bridge including the main approaches.
It is anticipated that the parties will move ahead with Phase 1 with the costs shown in Attachment
1. Attachment 1 is illustrative in the sense that it includes some actual costs and grants and also
estimated future expenditures and potential additional grants. The final cost table would likely be
different than the attachment included in the agreement in 2007. The following applies to Phase 1:
6.1 For the purpose of this project, "local funding" shall mean the value of city funds
(including mitigation fees used for the project), construction of any part of the project by
other entities as part of mitigation requirements, city-owned property, and present value
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of ongoing and future operation and maintenance costs (including staff costs) for any
created wetlands and storm water facilities contributed to the project, exclusive of funds
contributed by grants, project funding partners, and costs of city staff, materials, and
equipment contributed to the project.
6.2 Tukwila and Renton agree to contribute 50% of the local funding needed to plan, design,
permit and build the portion of the Strander Blvd/SW 27th Street Extension
Transportation Improvement project between and including the intersections with West
Valley Highway and Oakesdale Ave. SW. Tukwila's contribution to the Strander
Blvd./SW 27th Street project shall include a credit of$262,622, which is the difference
between Tukwila's contribution and Renton's contribution to the South 180th Street
Improvement project. In addition, Tukwila's contribution will include, as part of its local
share, the entire city owned property to the south of the future Strander Blvd/SW27th
Street. Bridge (approximately 5.5 acres). The value of this contribution will be
determined through a fair market value appraisal, which will be completed by July 1,
2008. Appraisals will also determine the fair market values of the various properties
which involved in the securing of the new UPRR Right of Way. North of Longacres Way,
Tukwila will provide UPRR with the new right of way for the track relocation and receive
the vacated right of way from UPRR. South of Strander Blvd., Tukwila will convey the
necessary right of way to UPRR for the track relocation within the 5.5 acres owned by the
city and which are credited in full value toward Tukwila's cost share.All credit will be
applied to the project before any additional funds are required to be paid by Tukwila.
6.3 The parties agree to proceed on the basis of the projected revenues and expenditures
shown in Attachment 1. The parties agree that their maximum respective local share
will be $4.5 million each (including values of land). The parties must both agree to any
bid award for Phase I whereby the net local share for each exceeds the $4.5 million local
share projected in Attachment 1. Failure of a party to agree to a bid award that exceeds
the $4.5 million local share per party shall suspend the project until the parties are able
to secure more funding, or agree to a higher local share than $4.5 million.
6.4 The parties agree that no later than January, 2009, Tukwila will pay Renton an amount
of money which will achieve an even 50/50 split of all previous expenditures made by
Renton for the project as shown on Attachment 1, provided that Renton has performed
all work described in Section 2. Terms and Conditions, including entering into an
agreement with Union Pacific Railroad authorizing the relocation of the railroad tracks.
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6.5 Subsequent to the physical completion of Phase 1 of the project, Renton and Tukwila will
review the amount of local funding each party has applied to the project and determine
final, reconciled local funding numbers. Renton and Tukwila shall share these numbers,
along with backup proof or substantiation of these numbers as requested by the other city.
6.6 In addition to the foregoing funding to be provided to the Project by Tukwila, Tukwila will
pay Renton for those requested construction changes if they are betterment changes that
significantly change the scope of work of the approved construction plans. Tukwila will not
be responsible for the costs of change orders that are due to unknown field conditions or
design problems that are identified during the project construction.
6.7 In the event a lawsuit is instituted to enforce the payment obligations of Tukwila, the
prevailing party shall be entitled to recover all costs of such a lawsuit, including reasonable
attorney's fees.
7 Phase II—The bridge and bridge approaches
7.1 The parties agree to pursue a bridge design that is affordable ($21-25 million in 2006
estimates), and is most likely to be a concrete box girder design. The design of such a
bridge shall include attractive design features of a"gateway character" in the amount of
$500,000, equally shared by each party. Either party shall have the right to exceed its
stated contribution toward these special design features as long as the timing or the
content of such features does not impact the cost of the basic bridge.
7.2 The parties agree to make a best effort to program $2.5 million each toward the $21-25
million estimated cost of the bridge in the 2009-2015 respective Transportation
Improvement Programs (TIP's). The exact timing of programming these amounts in the
TIP will be done so as to ensure a local match for additional external funding to be sought
for the bridge. However, any decision to proceed on any aspect of the bridge will require
an amendment to this agreement.
7.3 The parties may agree to include some of the bridge approach costs as part of the Phase 1
project if such opportunities present themselves, and if the costs of these improvements
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do not change the local share as shown in Attachment 1. Any increase in local share
beyond the $4.5 million as shown in Attachment 1, whether used for Phase 1 or Phase 2,
has to be approved by both parties unless one party opts to pay for the other party's
share beyond $4.5 million.
8. DURATION/TERMINATION
8.1 This Agreement shall remain in effect until final acceptance of the Project and payment
by Tukwila of all monies due from Tukwila to Renton.
8.2 If expected or actual funding is withdrawn, reduced or limited in any way prior to the
completion of the Project, either party may, with 30 days written notice to the other
party, terminate this Agreement.
8.3 In the event of termination prior to completion of the Project:
8.3.1 The party requesting termination shall pay all direct and indirect phasing-out
costs.
8.3.2 Termination costs payable shall not exceed the actual costs incurred as a result of
termination of the Project.
9. 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.
10. DISPUTE RESOLUTION
10.1 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 the Administrator of
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Planning/Building/Public Works of the City of Renton and the City of Tukwila Public
Works Director.
10.2 The parties may also agree to an alternative dispute resolution process.
11. OTHER PROVISIONS
11.1 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 Tukwila.
11.2 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, Tukwila, or their officials, employees, agents, or representatives, to any
party not a signatory to this Agreement.
11.3 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.
11.4 With the exception of those facilities included in sections 5.1 and 5.2 of this agreement,
each party shall retain ownership and usual maintenance responsibility for the road,
drainage system, signs, sidewalk, and other property within its jurisdiction.
11.5 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.
11.6 The captions in this Agreement are for convenience only and do not in any way limit or
amplify the provisions of this Agreement.
11.7 This Agreement contains the entire agreement of the parties and any representations or
understandings, whether oral or written, not incorporated herein are excluded.
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11.8 This Agreement may be amended only by an instrument in writing, duly executed by
both parties.
IN WITNESS WHEREOF, the parties have entered into this Agreement effective as of the date last
written below.
CITY OF NTON CITY OF TUKWILA
Title: Mayor Denis Law Title: Mil- 6
Attest : 6," Udi 4 /Zia/ oo / 7 1,4
Bonnie I . Walton
ton Date
City Clerk
APPR VED AS TO FORM: APPROVED AS TO FORM:
Renton City Attorney Tukwila City Attorney
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Tukwila-Renton Interlocal Agreement--Attachment 1 (Cost Sharing)
[May 23,2007]
SW27/Strander Project Cost Sharing--Preliminary Estimates
This is a compilation of past cost,and costs anticipated in 2006-2008. No Future Bridge costs.
Some costs are still planning stage with considerable contingency built in.
Line EXPENDITURES
1 Project Definition Report(1992-2006) $ 354,338 Completed
2 SW27/Strander Road(2005-07) $ 3,009,443 As of 5/17/07
3 ROW in Renton $ 2,500,000 Completed
4 30%Design/Track Moving Design $ 2,637,546 Current Contract,Perteet.As of 5/17/07
5 Saving through Wetland Bank $ (1,380,000) Using Springbrook Bank.
6 Tukwila 5.5 acres $ 800,000 Est.-2006 Appraisals needed.
7 Track Moving(2008-9) $ 15,500,000 Oct.2006 Estimate
8
9 Total Estimated Expenditures: $ 23,421,327
10
11 REVENUES
12 Grants $ 8,600,000 FMSIB;SAFETEA-LU
13 Sound Transit: $ 2,300,000 (of ST$4 m.,$1.7 m.is for next phase)
14 Urban Mobility Grant(WSDOT) $ 1,000,000 ($5.5 m.;not sure how much to Strander)
15 Other Federal Grants $ 2,500,000
16 Metro $ 500,000
17 Potential 2007 Fed.Earmark $ - Both cities will seek additional$'s in 2007-8
18 Total External Funding: $ 14,900,000
19
20 Local Shares Needed
21 Total Exp less Revenues: $ 8,521,327
22 50% $ 4,260,664
23
24
25
26 LOCAL SHARE OBLIGATIONS
27 (A) (B)
28 Renton Tukwila
29 Contributions to Date:
30 Previously Paid(w.grants subtracted) (4,163,897.00) (262,000.00) Actual.
31 Property Contribution (800,000.00) Est.
32 Previously Paid(w.mitigation fees) (2,500,000.00) Actual.
33 Sub Total (6,663,897.00) (1,062,000.00)
34 To Equalize Phase I Funding:
35 Payment by Tukwila to achieve 50/50 (2,800,948.50)
36 Payment from Tukwila to achieve 50/50 2,800,948.50
37 Adjusted Total Paid (3,862,948.50) (3,862,948.50)
38 Potential Additional Needed(depends on shortfall): (397,715.00) (397,715.00)
39
40 Total payment by each city: 4,260,664 4,260,664
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