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GMC 1059
Maintenance Agreement between
The City of Renton and the Washington State Department of Transportation
Sunset Blvd NE and I-405 Northbound On Ramp Intersection
This Maintenance Agreement, hereinafter “Agreement,” is made and entered into between the
Washington State Department of Transportation, hereinafter “WSDOT,” and the City of Renton,
Washington, hereinafter the “City,” collectively the “Parties” and individually the “Party.”
RECITALS
1.The City is carrying out a project for traffic safety improvements at the intersection of
Sunset Blvd NE and the I-405 Northbound (NB) On Ramp (“Project”).
2.Project work includes but is not limited to the installation of stop signs, a stop ahead
sign, and stop bars in I-405 limited access right of way (“I-405 right of way”) within the
City of Renton, as shown in Exhibit A.
3.The Parties wish to define the obligations of the City and WSDOT regarding the
maintenance, operation, and repair of the Project improvements.
NOW, THEREFORE, pursuant to RCW 47.28.140, the above recitals that are incorporated
herein as if fully set forth below, and in consideration of the terms, conditions, covenants and
performances contained herein, and the attached Exhibit A that is incorporated and made a part
hereof,
IT IS MUTUALLY AGREED AS FOLLOWS:
1.CITY MAINTENANCE RESPONSIBILITIES
1.1 The City’s Project will carry out the “Improvements,” which include but are not limited to
installation of sign assemblies at the intersection of Sunset Blvd NE and the I-405 NB On
Ramp in I-405 right of way, as shown in Exhibit A. The Improvements will be installed at
locations 1 (stop ahead sign on existing luminaire pole), 2 (stop sign and “all way”
plaque on a metal post), 6 (stop sign, “all way” plaque, and “no right turn” sign on a
metal post), and 7 (stop sign and “all way” plaque on a metal post). The stop bars will
be installed at locations 4 and 5. The signs at locations 1, 6, and 7 will be flashing signs
that use solar power.
1.2 The City will, at its sole cost and expense, be responsible for all maintenance, operation,
and repair of the Improvements and appurtenances in the “Maintenance Area,” as
shown in Exhibit A and as further specified in this Agreement. The City’s maintenance
obligations for the Improvements include but are not limited to:
1.2.1 Inspect the Improvements at least once annually;
1.2.2 Trim or remove obstructive vegetation;
1.2.3 Removal of graffiti and/or other unauthorized markings; and
1.2.4 Remove debris from the surrounding area.
CAG-26-238
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1.3 In the event of damage to or deterioration of an Improvement caused by accident(s),
vandalism, adverse weather, and/or unanticipated forces or actions, the City will, at its
sole cost and expense, repair or if necessary replace the damaged or deteriorated
Improvement in order to restore it to a safe and functional condition.
1.4 The City may request that WSDOT carry out the repair or replacement of a damaged or
deteriorated Improvement at the City’s sole cost and expense. If WSDOT agrees to
City’s request, the Parties will inspect the Improvement, agree on a plan to repair or
replace the Improvement, and WSDOT will perform the work and send an invoice to the
City upon completion. The City will reimburse WSDOT for its work in accordance with
the terms of Section 5 below.
1.5 The City agrees to make every effort to ensure that the Improvements do not cause
damage to I-405 right of way but in the event of such damage the City will repair the I-
405 right of way at the City’s sole cost and expense.
1.6 Maintenance, operation, and repair of the existing Ramp Meter Beacon at location 3, as
shown in Exhibit A, will remain the sole responsibility of WSDOT.
1.7 The City will, at is sole cost and expense, maintain the appearance of the Improvements,
including pruning visually obstructive vegetation and removal of graffiti and/or other
unauthorized markings.
1.8 In the event of damage to an Improvement caused by accidents, vandalism, adverse
weather and/or unanticipated forces or actions, including damage caused by a third
party, the City will, at its sole cost and expense, repair or if necessary replace the
damaged Improvement in order to restore it to a safe and functional condition. Nothing
provided herein prevents the City from seeking recovery from any third parties who may
be responsible for such damage.
1.9 The City is solely responsible for all power costs for the Improvements.
1.10 Locates: At its sole cost and expense, the City, as the Party responsible for the
maintenance and operation of Improvements in the Maintenance Area, will comply with
the requirements of Chapter 19.122 RCW, including, but not limited to:
1.10.1 The City will notify the Washington 811 service that the City is responsible for the
Improvements and provide a map of the Maintenance Area to the Washington
811 service.
1.10.2 Whenever the Washington 811 service notifies the City of a locate request in the
Maintenance Area, the City will perform the locate and mark the location of
underground facilities as specified by RCW 19.122.030 and RCW 19.122.031, as
applicable.
1.11 Traffic Control
1.11.1 The City agrees that traffic control for any work in I-405 right of way authorized
under this Agreement will be in compliance with the Manual on Uniform Traffic
Control Devices (MUTCD).
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1.11.2 The City will not perform any work authorized under this Agreement in such a
manner as to knowingly impede state highway construction, operation, or
maintenance, or endanger the safety of the traveling public. The City will contact
WSDOT for a determination whether proposed City work will impede state
highway construction, operation, or maintenance, or endanger the safety of the
travelling public. If WSDOT determines that the City’s work is likely to impede
state highway construction, operation, or maintenance, or endanger the safety of
the travelling public, then the City will submit traffic control plans to the WSDOT
Construction Traffic Manager for the Northwest Region (contact information in
Section 6 below) for review and approval prior to the start of the City’s work.
WSDOT will review and approve, modify, or reject the City’s traffic control plans
within fifteen (15) business days after receipt of the plans. If WSDOT rejects the
plans, WSDOT will work cooperatively with the City to develop acceptable plans.
2. DEFICIENT MAINTENANCE
2.1 In the event the City does not perform necessary maintenance of Improvements in the
Maintenance Area, WSDOT will notify send the City of the deficiency in writing. The City
agrees to correct the noted deficiency within thirty (30) calendar days of receipt of notice.
If the City cannot, with due diligence, correct the deficiency within a period of thirty (30)
calendar days from receipt of notice, the City may make a written request to WSDOT for
an extension of time, which WSDOT will not unreasonably deny.
2.2 If the City does not correct the deficiency within thirty (30) calendar days from receipt of
notice, or within the approved extension of time, if any, WSDOT, in its reasonable
discretion, may perform the work to correct the deficiency. Such work may be
accomplished by WSDOT personnel or its authorized contractor and the City agrees to
reimburse WSDOT for its actual direct and related indirect costs in accordance with
Section 5.
3. EMERGENCY MAINTENANCE
3.1 In the event of damage to or the likelihood of imminent damage to an Improvement in
the Maintenance Area, that poses an immediate threat to general public safety, the City
will immediately perform emergency maintenance and/or repair to rectify the problem.
WSDOT may provide support for closing the I-405 ramps.
3.2 If the City is not available to perform the emergency maintenance and/or repair to rectify
the problem, WSDOT reserves the right to perform the emergency work. Such
emergency work may be accomplished by WSDOT personnel or its authorized
contractor and the City agrees to reimburse WSDOT for its actual direct and related
indirect costs in accordance with Section 5.
4. REPLACEMENT, RELOCATION, MODIFICATION OR REMOVAL
4.1 If the City determines that it is necessary to replace, relocate, modify, or remove an
Improvement constructed by the City’s Project, the replacement, relocation, modification,
or removal will require prior written approval from WSDOT. If WSDOT determines that it
is necessary to replace, relocate, modify, or remove an Improvement, WSDOT will
provide written notification to the City and the City will take appropriate action as
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requested by WSDOT. The City will be solely responsible for the cost of replacement,
relocation, modification, or removal of said Improvement.
4.2 Any Improvement that is replaced, relocated, or modified within the Maintenance Area,
as shown in Exhibit A, will be maintained in accordance with this Agreement. Any
Improvement that is removed will no longer be subject to this Agreement.
5. PAYMENT
5.1 In the event WSDOT or its contractor performs any maintenance and/or repair work
authorized pursuant to this Agreement, WSDOT shall invoice the City for the actual
direct and related indirect costs associated with the work performed. Upon receipt of a
detailed, itemized invoice from WSDOT, the City shall make payment within thirty (30)
calendar days.
5.2 If the City objects to all or any portion of an invoice it shall notify WSDOT within twenty
(20) calendar days from the date of receipt and shall pay only that portion of the invoice
not in dispute. WSDOT and the City shall make every effort to settle the disputed
portion, and if necessary utilize dispute resolution as provided for in Section 8.6 of this
Agreement.
6. PARTY REPRESENTATIVES: ADMINISTRATION AND NOTICES
6.1 The Point of Contact (POC) identified for each Party shall be responsible for
administering this Agreement.
City of Renton Washington State
Department of Transportation
Chris M. Barnes, Sr.
Manager of Transportation Operations
Public Works
City of Renton
1055 South Grady Way
Renton, WA 98057
Phone: 425.430.7220
Email: cbarnes@rentonwa.gov
General Maintenance:
Joseph Munoz
Maintenance Superintendent, Area 4
Washington State Dept. of Transportation
26620 68th Ave S
Kent, WA 98032
Phone: 253.372.3901
Email: joseph.munoz@wsdot.wa.gov
Signal Maintenance:
Bill Churney
Electrical, ITS and Assets Program
Administrator
Washington State Dept. of Transportation
3700 9th Ave South
Seattle, WA 98134
Phone: 206.442.2110
Email: william.churney@wsdot.wa.gov
Traffic Control:
Krissy Kaufman
Construction Traffic Manager
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Washington State Dept. of Transportation
15700 Dayton Ave North
Seattle, WA 98133
Phone: 206.440.4454
Email: krissy.kaufman@wsdot.wa.gov
6.2 Any notice, demand, or other communication required or permitted to be given under this
Agreement or applicable law shall be effective only if it is in writing, with email being
acceptable, addressed to the applicable Party’s designated POC as set forth herein.
6.3 The name and contact information of a POC may be updated by a Party in writing, with
email being acceptable, to the other Party. A change in the name and/or contact
information of a POC shall not require an amendment to this Agreement.
7. RIGHT OF ENTRY
7.1 WSDOT hereby grants to the City and its authorized agents, contractors, subcontractors,
and employees, a right of entry onto I-405 right of way for the purpose of performing
work authorized pursuant to this Agreement, subject to the traffic control provisions in
Section 1.11.
8. GENERAL PROVISIONS
8.1 Amendment: This Agreement may be amended or modified only by the mutual
agreement of the Parties. Such amendments or modifications shall not be binding
unless they are in writing and signed by persons authorized to bind each of the Parties.
8.2 Term of Agreement: Unless otherwise provided herein, the term of this Agreement shall
commence as of date of the execution of this Agreement and shall remain in effect
unless and until terminated by one or both Parties as set forth herein.
8.3 Start of Work: The Parties agree that their respective maintenance obligations pursuant
to this Agreement shall start as soon as this Agreement is executed.
8.4 Termination:
8.4.1 This Agreement may be terminated by either Party for any reason on ninety (90)
days’ written notice to the other Party. The City shall restore the Maintenance
Area to its original condition in accordance with WSDOT standards prior to the
effective date of termination. The City may make a written request for an
extension of time to restore the Maintenance Area and WSDOT shall provide a
written response to the City and either grant or deny the request. In the event
the City fails or refuses to perform the work necessary to comply with the
requirements of this subsection, WSDOT may perform the work at the expense
of the City. Reimbursement for the cost of the work by WSDOT shall be made in
accordance with Section 5. The written notice(s) required in this subsection can
be delivered to the appropriate person listed in Section 6.
8.4.2 Any termination of this Agreement shall not prejudice any rights or obligations
accrued to WSDOT or to the City prior to termination.
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8.5 Indemnification and Waiver: Each of the Parties shall protect, defend, indemnify, and
hold harmless the other Party and its officers, officials, employees, and/or authorized
agents, while acting within the scope of their employment as such, from any and all
costs, claims, judgments, and/or awards of damages (both to persons and/or property),
arising out of, or in any way resulting from, that Party’s obligations performed or to be
performed pursuant to the provisions of this Agreement. No Party shall be required to
indemnify, defend, or hold harmless the other Party if the claim, suit, or action for
injuries, death, or damages (both to persons and/or property) is caused by the sole
negligence of the other Party. Where such claims, suits, or actions result from the
concurrent negligence of the Parties, their officers, officials, employees, and/or
authorized agents, and/or involve those actions covered by RCW 4.24.115, the
indemnity provisions provided herein shall be valid and enforceable only to the extent of
the negligence of the indemnifying Party, its officers, officials, employees, and/or
authorized agents. The Parties agree that their obligations under this section extend to
any claim, demand, and/or cause of action brought by, or on behalf of, any of their
officers, officials, employees, and/or authorized agents. For this purpose only, the
Parties, by mutual negotiation, hereby waive, with respect to each other only, any
immunity that would otherwise be available against such claims under the Industrial
Insurance provisions of Title 51 RCW. This indemnification and waiver shall survive the
termination of this Agreement.
8.6 Disputes: In the event that issues arise out of, or related to, this Agreement, the Parties
agree to work collaboratively to resolve disputes promptly and at the lowest
organizational level. To this end, following the dispute resolution process in Sections
8.6.1 through 8.6.3 shall be a prerequisite to the filing of litigation concerning any dispute
between the Parties:
8.6.1 The Representatives designated in this Agreement shall jointly cooperate to
informally resolve any disputes as quickly and efficiently as possible.
8.6.2 In the event the Representatives cannot resolve the dispute, the City of Renton’s
Public Works Director and WSDOT’s Assistant Regional Administrator for
Maintenance Operations, or their respective designees, shall meet and engage in
good faith negotiations to resolve the dispute.
8.6.3 In the event the City of Renton’s Public Works Director and WSDOT’s Assistant
Regional Administrator for Maintenance Operations, or their respective
designees, cannot resolve the dispute, the City and WSDOT shall each appoint a
member to a dispute board. These two members shall then select a third
member not affiliated with either Party. The three-member board shall conduct a
dispute resolution hearing that shall be informal and unrecorded. All expenses
for the third member of the dispute board shall be shared equally by both Parties;
however, each Party shall be responsible for its own costs and fees.
8.7 Venue: Only in the event that the dispute resolution process outlined in Section 8.6
above does not resolve a dispute, which shall be considered a condition precedent to
filing a lawsuit, if either Party deems it necessary to institute legal action or proceedings
to enforce any right or obligation under this Agreement, the Parties agree that any such
action or proceedings shall be brought in Thurston County Superior Court. Further, the
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Parties agree that each shall be solely responsible for payment of its own attorney’s
fees, witness fees, and costs.
8.8 Records and Audit: All records for work done pursuant to this Agreement shall be held
for a period of six (6) years from the date of termination of this Agreement or any final
payment authorized under this Agreement, whichever is later, and the records shall be
kept available for inspection and audit by WSDOT the City, and the Federal Highway
Administration (FHWA). Each Party shall have full access to and right to examine said
records, during normal business hours and as often as it deems necessary. Should a
Party require copies of any records from the other Party, the requesting Party agrees to
pay the reasonable costs thereof. In the event of litigation or claim arising from the
performance of this Agreement, the City and WSDOT agree to maintain the records and
accounts until such litigation, appeal, or claims are finally resolved. This section shall
survive the termination of this Agreement.
8.9 Assurances: All activity pursuant to this Agreement shall be in accordance with
applicable Federal, State, and local laws, rules, and regulations, as they currently exist
or as amended, and the Parties agree to require the same of all contractors providing
services or performing any work under this Agreement.
8.10 Calendar Day: Calendar day means any day on the calendar including Saturday,
Sunday, or a Washington State holiday as defined in RCW 1.16.050.
8.11 Business Day: Business day means any day other than Saturday, Sunday, or a
Washington State holiday as defined in RCW 1.16.050.
8.12 Independent Contractor: Each Party shall be deemed an independent contractor for all
purposes, and the employees of each Party or any of its contractors, subcontractors,
consultants, and the employees thereof, shall not in any manner be deemed to be
employees of the other Party.
8.13 Assignment: Except as otherwise provided herein, a Party to this Agreement shall not
assign, delegate, or transfer this Agreement or the obligations incurred hereunder, in
whole or in part, by operation of law or otherwise, or subcontract for the management or
operation of their respective responsibilities, or parts thereof, without the prior written
consent of the other Party to this Agreement, which approval shall not be unreasonably
withheld.
8.14 Severability: Should any section, term or provision of this Agreement be determined to
be invalid, the remainder of this Agreement shall not be affected and the same shall
continue in full force and effect.
8.15. Authority to Bind: The signatories to this Agreement represent that they have the
authority to bind their respective organizations to this Agreement.
9. COUNTERPART AND ELECTRONIC SIGNATURE
9.1 This Agreement may be signed in multiple counterparts, each of which constitutes an
original and all of which taken together constitute one and same agreement. Electronic
signatures or signatures transmitted via e-mail in a "PDF" may be used in place of
original signatures on this Agreement. Each Party intends to be bound by its electronic
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or "PDF" signature on this Agreement, is aware that the other Parties are relying on its
electronic or "PDF" signature, and waives any defenses to the enforcement of this
Agreement based upon the form of signature.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the Party’s
date last signed below.
City of Renton Washington State
Department of Transportation
Sign and Date: Sign and Date:
Armondo Pavone
Mayor
City of Renton
Mark Renshaw
Assistant Regional Administrator
WSDOT Maintenance Operations
Attest:
_____________________________
Jason A. Seth
City Clerk, City of Renton
Approved as to Form
City of Renton
Approved as to Form
Washington State
Department of Transportation
Sign and Date:
Cheryl L. Beyer 4-3-26
Sign and Date:
Name Cheryl L. Beyer
Senior Assistant City Attorney
for City of Renton (3752)
Alex M. Straub
Assistant Attorney General
7/23/2026
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2,344 195
Legend
0 66
Notes
133
WGS_1984_Web_Mercator_Auxiliary_Sphere
All data, information, and maps are provided "as
is" without warranty or any representation of
accuracy, timeliness of completeness. The
burden for determining accuracy, completeness,
timeliness, merchantability and fitness for or the
appropriateness for use rests solely on the user.
133 Feet
City and County Labels
Addresses
Parcels
City and County Boundary
Renton
<all other values>
Traffic Lights
Small Cell 5G
Application Approved
Application Received
Streetlights
Pedestrian Push Buttons
Radar Signs
Traffic Signs (>2400)
Warning, Yield Ahead (S)
Warning, Watch for Children
Warning, Object Marker Right Side
Regulatory, How to Use X-Walk Flags
Regulatory, Regulatory See Comment
Regulatory, Truck Weight symbols R12-5
Custom, Name of River
Regulatory, Reduce Speed
Regulatory, Stop Here on Red
Regulatory Yield Here to Pedestrians
1. install one (1) fflashing
30" x 30" w3-1stop ahead
sign id ___________ on the
existing luminaire pole id
1030D.
see sheet 2
25-20347 Sheet 1 of 2
Exhibit A
Maintenance Area
GMC 1059 Agreement
Renton and WSDOT
Page 2 of 4
586 49
Legend
0 17
Notes
33
WGS_1984_Web_Mercator_Auxiliary_Sphere
All data, information, and maps are provided "as
is" without warranty or any representation of
accuracy, timeliness of completeness. The
burden for determining accuracy, completeness,
timeliness, merchantability and fitness for or the
appropriateness for use rests solely on the user.
33 Feet
City and County Labels
Addresses
Parcels
City and County Boundary
Renton
<all other values>
Traffic Lights
Small Cell 5G
Application Approved
Application Received
Streetlights
Pedestrian Push Buttons
Curb Ramps
Ramp
No Ramp
Radar Signs
Traffic Signs (<2400)
Warning, Yield Ahead (S)
Warning, Watch for Children
Warning, Object Marker Right Side
Regulatory, How to Use X-Walk Flags
Regulatory, Regulatory See Comment
Regulatory, Truck Weight symbols R12-5
Custom Name of River
5. install one (1) 16" wide white
stop bar between curbs as shown
4. install one (1) 16" wide white stop
bar between curb and edge line as
shown
2. install one (1) 36" x 36" r1-1 stop
sign id ____________ and one (1) 18" x 6"
r1-3p all way plaque id ____________ on a
metal post located in the paved
traffic island facing east. install red
retroreflective sheeting on east face
of metal post. location marked in the
field.
25-20347 Sheet 2 of 3
7. install one (1) 36" x 36" r1-1
flashing stop sign id
____________ and one (1) 18" x 6"
r1-3p all way plaque id
____________ on a metal post
located in the paved traffic
island facing east. install red
retroreflective sheeting on
east face of metal post.
location marked in the field.
6. remove existing yield sign and
install one (1) 30" x 30" r1-1
flashingg stop sign id ____________,
one (1) 18" x 6" r1-3p all way
plaque id ____________, and one (1)
24" x 24" r3-1 no right turn sign id
___________ on a metal post located
in the paved traffic island facing
south. install red retroreflective
sheeting on south face of metal
post
3. existing ramp meter beacon and
sign to remain
Exhibit A
Maintenance Area
GMC 1059 Agreement
Renton and WSDOT
Page 3 of 4
Exhibit A
Maintenance Area
GMC 1059 Agreement
Renton and WSDOT
Page 4 of 4