HomeMy WebLinkAboutContract CAG-18-233
AGREEMENT BETWEEN THE CiTY OF RENTON AND THE RENTON REGIONAL FIRE AUTHORITY
CLARIFYING THE PARTIES RESPONSlBILITIES FOR DEVELOP(NG FIRE STATION #15
THIS AGREEMENT dated the . �-� day of�V2018, is between the City of Renton, a
Washington municipal corporation (the "City"), and the Renton Regional Fire Authority, a
Washington municipal corporation ("RRFA"� (collectively, the City and the RRFA are the
"Parties").
RECITALS
1. In 2016,voters approved the Regional Fire Authority Plan ("the Plan"). The Plan approved
the creation of the RRFA and cammitted the City and RRFA to certain cost sharing
arrangements. The Plan requires the City to build the RRFA a new fire station, referred
to as Fire Station 15. With regard to cost sharing, the Plan provides as follows:
1.1.The cost of developing of Fire Station 15, including all casts such as survey,design,
permit, construction and any associated activities required to bring the station to
operational status, in an amount not to exceed $5.5 million. The cost 'ss based on a
2015 estimate and shall be adjusted by the Seattle Area Construction Cost index as
published by Engineering News Record (ENR.COM) annually thereafter until the
project construction bid is awarded.
1.2. The cost of furnishing and equipping Fire Station 15 is not to exceed $1 millian.
2. The City has awarded the bid for Fire Station 15. The RRFA approved the plans for Fire
Station 15 in advance of the bid being awarded. The City and the RRFA desire to enter
into this Agreement for the purposes of setting forth the responsibilities and
requirements of the Parties with regard ta Develapment of Fire Station #15.
NOW, THEREFORE, in consideration of the mutual promises herein, the Parties agree as follows:
AGREEMENT
1.ADOPTION OF RECITAtS
The foregoing recitals are adopted and incorporated herein as terms of this Agreement.
H.SPEClFIC TERMS OF THIS AGREEMENT
A. Property.
The City owns an undivided parcel commonly known as 1404 N 30t� St, Renton, WA (the
"Property"), as legally described in Exhibit A, which is attached and incorporated herein
by reference. The City will be constructing Fire Station 15 on the southeriy portion of the
AGREEMENT CLARIFYING THE PAR?IES RESPONSIBiLITIES FOR DEVELOPING FIRE STATION#15 O?-QS-ZO1H
Page 1 of 13
parce! and a City owned water reservoir and related utility project on the northerly
portion of the parcel. Prior to transfer of Fire Station 15 to the RRFA, the City will
complete a subdivision of the property to retain a portion of the property for City
purposes and transfer to the RRFA only that portion of the property necessary to support
�ire Station 15. Easements will be reserved ta allow the RRFA and City to share use af a
portion of the property for compatible purposes.
6. Project - Fire Station 15.
The City will be constructing Fire Station 15 on the southerly portion of the Property (the
"Project") and a City owned water reservair and related utility project on the northerly
portion of the Property. The Project will be completed in two phases. The first phase of
the Project will include construction of the building and the front driveway sufficient to
a11ow initial operation of Fire Station 15. The first phase will not provide access to a rear
parking(ot or rear garage doors.
The second phase of the Project, including the paving for the rear parking lot curbing and
west driveway, RFFA parking lot striping, and associated lighting and landscaping will be
completed in conjunction with the City's water utility project. The current Site Plan and
Site Sequencing Plan for the Project is attached and incorporated herein for reference
purposes as Exhibit B. Area 1, as labeled on the Site Sequencing Pfan, will be devefoped
in the Project's first phase by the City's Facilities Division in the Community Services
Department. Area 2, as labeled on the Site Sequencing Plan, will be completed in the
second phase by the City's Utilities Division of the Public Works Department in
conjunction with its water reservoir project.
The City and RRFA collaborated in the design of Fire Station 15, including the Site
Sequencing PEan.
C. City Costs.
1. The City will initially pay the costs of developing Fire Station 15, including but not
limited to all planning, site, groundwork, and building costs including survey, design,
permit, construction and any associated activities required to bring the station to
operational status and such that Fire Statian 15 and the subdivided portion of the
property may be transferred to the RRFA's ownership ("Development Costs"). The
contemplated Development Costs include but are not limited to those items described in
the attached Exhibit C, which is incorporated herein by this reference. Costs of
developing the second phase of the Project, constructed as part of the City's water
reservoir project as described above and generally depicted as occurring in Area 2 in the
Site Sequencing Plan, will not caunt as Development Casts, unless otherwise specified
herein.
AGR:EMEN'CLARt�YING THE PART;ES ReSPONS;81ltTIES FdR DEVftOPING FIRE$TATION#15 02-01-201�
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2. The City's ultimate responsibility far Development Casts shail not exceed the sum
of$5,671,809,including applicable sales tax ("City's Maximum Develapment Costs"). Any
Development Costs exceeding the City's Maximum Development Costs shall be
reimbursed by the RRFA as set forth herein. The City sha(I use reasonable efforts to obtain
RRFA input prior to making decisions that generate RRFA Costs. If the total Development
Costs are less than the City's Maximum Development Costs, the City shall retain such
savings and the City has no obligation to share those savings with the RRFA.
3. The RRFA shall have the right to attend all regularly scheduled construction
meetings. The City shall notify the RRFA representative by email of any non-regularly
scheduled meetings at which changes to the plans are to be discussed sa that RRFA
personnel have an opportunity to attend such meetings.
4. Separate from Development Costs, the City will pay up to one million dollars
($1,000,000), including applicable sales tax, to furnish and equip Fire Station 15 ("City's
Maximum Furnishing Costs"). The City's payment may be through direct purchases or
reimbursement to the RRFA. Furnishings shall be selected or approved in writing in
advance by the RRFA and may include furniture, fixtures, or other equipment to be used
in Fire Station 15 ("FF&E"). The contemplated FF&E Costs include but are not limited to
those described in the attached Exhibit C.
S. If the total FF&E costs are less than the City's Maximum Furnishing Costs,the City
shall remit the remainder of the $1,000,004 to RRFA. The City will not pay for or advance
any furnishing costs that cumulatively exceed the City's Maximum Furnishing Costs.
D. RRFA Costs.
1. Except for as otherwise provided herein,the RRFA agrees to pay for or reimburse
the City for all Development Costs that exceed the City's Maximum Development Costs.
This specifically includes any Development Costs that arise out of change orders or other
Development Costs that may have been unexpected or unplanned at the time Fire Station
was designed or put out for bid. As Devefopment Costs are incurred that exceed the City's
Maximum Development Costs, the City will invoice the RRFA and the RRFA will pay such
invoices within 45 days of receipt.
2. The RRFA is solely responsible for all FF&E costs that exceed the City's Maximum
Furnishing Costs.
E. Shared Development Costs
1. The cost of parking lot light fixtures that will be purchased as part of the phase 1
Community Services Project and installed by the water utility as part of its project shall
be chargeable as Development Costs for purposes of determining the City's Maximum
AGREEMEN'CLARIFYING THE PARTIES RESPONSIBIUTIES FOR DEVELOPING FIRE STATION#?5 02-01-2O1H
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Development Costs. However, installation of such lighting shail not be chargeable as
Development Costs.
2. Any costs added to the City water utility's reservoir praject at the request of the
RRFA or for the sole benefit of the RRFA, beyand the scope of the City's project site plans
far the project as set forth in attached Exhibit B, shall be paid for by the RRFA, within 45
days of receipt of invoice from the City, unless otherwise agreed by the parties.
E. Property Transfer and Occupation.
1. The City will transfer title to Fire Station 15 and the underlying subdivided
property only after all City costs exceeding the City's Maximum Costs are reimbursed and
the property has been subdivided.
2. Upon completion of the first phase of the Project, the City intends to provide the
RRFA a temporary (icense to occupy Fire Station 15 provided a temporary occupancy
permit has been issued and the RRFA is current on all reimbursement obligations herein.
The RRFA will be responsible for insuring Fire Station 15 and all contents therein upon it
being given a license to occupy the station. During the temporary license period, the
RRFA will not have access to Area 2 in the Site Sequencing Plan. The City will coordinate
with the RRFA to provide agreed temporary parking solutions, which may include adding
dedicated on-street parking, and modifying the previously appraved development plans
to delay on site landscaping and construct temporary parking in place of such landscaping.
Costs incurred to provide agreed temporary parking sofutions and restoration/installation
of landscaping in place of temporary parking shall count towards the City's Maximum
Costs. City will pay for the cost of such agreed temporary parking solutions up to, but
not to exceed,the City's Maximum Development Costs.
3. The City intends to transfer ownership of Fire Station 15 to the RRFA after the
Project and the City's coordinated water reservoir project is complete and the Property
has been subdivided. Transfer of ownership to the RRFA shall be by quit claim deed with
no warranties and with easements reserved, or joint ownership agreements negotiated,
as necessary to support the RRFA and City's continued coordinated joint use of Area 2, as
labeled in the Site Sequencing Plan. As a candition of property transfer and upon the
RRFA's acceptance of the property,the RRFA will release the City from al! ongoing liability
and responsibility to RRFA vvith respect to the development of Fire Station 15 or the
ongoing maintenance thereof.
4. The RRFA may choose to obtain and pay for a buyers'title policy prior to accepting
transfer of the property.
5. The City agrees to clean the exterior of Station 15 at the conclusion of the Phase
2 at the City's cast.
AGREEMENT CLARIFYING THE PARTIES RESPONSIBILITIES FOR DEVELOPING F'RE STATION�1$OZ-OS-ZO1H
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tll. GENERAL TERMS
A. This Agreement may only be amended in writing, and any amendment shall become
effective only when the governing body of each party has approved a written amendment
or addendum ta this Agreement.
B. This Agreement shall remain in effect until all projects are complete, the subdivision of
the property is finalized, and the City has transfer ownership of Fire Station 15 and
property with easements to RRFA with full RRFA release to the City, and the RRFA has
fuliy paid for any costs due and owing to the City.
C. Time is of the essence for each and all of this Agreement's provisions in which
performance is a factor.
D. If either party fails to reimburse the other party by the time required in this Agreement,
interest on the overdue amounts shall accrue and be paid at a rate of 2.5% per annum.
E. Each party agrees to comply with all local, federal, and state laws, rules, and regulations
that are now effective or in the future become applicable ta this Agreement. Any lawsuit
or legal action brought by any party to enforce or interpret this Agreement or any of its
terms or covenants shal{ be brought in the King County Superior Court for the State of
Washington at the Maleng Regional Justice Center in Kent, King County, Washington, or
its replacement or successor. No lawsuit may be filed until the complaining provides no
less than 60 days written notice of its intent to file a iawsuit and only after attempting in
good faith to negotiate a resolution and allow the other party to cure the perceived
default.
F. The failure of either party to insist upon strict performance of any of the covenants and
agreements contained in this Agreement, or to exercise any option conferred by this
Agreement in one or more instances shall not be construed to be a waiver or
relinquishment of those covenants, agreements, or options, and the same shall be and
remain in full force and effect.
G. If any section of this Agreement is adjudicated ta be invalid, such action shall not atfect
the validity of any section not so adjudicated.
H. Nothing in this Agreement is intended to, nor shall be canstrued to give any rights or
benefits in the Agreement to anyone other than the Parties, and all duties and
responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive
benefit of the Parties and no one else.
AGREEMEN'CIARIFYiNG THE PARTIES RESPONSIBiI!T!ES�GR D=VELQPIt�G FIRE STA i IUN$�SS OZ-OI-ZQLH
Pdge 5 of 13
IV. INDEMNiFICA710N AND HOLD HARMLESS/lNSURANCE
A. Each party agrees to defend, indemnify, and hold harmless the other party and each of
its empioyees, officials, agents, and volunteers from any and ail losses, claims, liabilities,
lawsuits, or legal judgments arising aut of its breach of this Agreement or any negligent
or willfully tortious actions or inactions by the performing party or any of its empioyees,
officials, agents,or volunteers,while acting within the scope of the duties required by this
Agreement. This provision shall survive the expiration of this Agreement. This provisian
shall also survive and remain in effect in the event that a court or other entity with
jurisdiction determines that this Agreement or any portion thereof is not enforceable.
B. It is further specifically and expressly understood that the indemnification provided
herein constitutes each party's waiver of immunity under industrial insurance, Title 51
RCW, solely to carry out the purposes of this indemnification clause. The parties further
acknowledge that they have mutually negotiated this waiver.
C. Insurance.
Each party shall carry and maintain insurance coverage as described below. Coverages
shall be written with an insurance carrier admitted in the State of Washington.
General. Automobile, and Director& Officer Liabilitv Insurance:
Coverage for damages caused resulting in personal injury, property damage or
advertising liability shall be provided. Coverage shall be in an amount not less
than five million dollars ($5, 000,000) per Occurrence.
The insurance policies of each party shafl name the other party and its officials, officers,
employees, and volunteers, who are acting within the scope of this Agreement as
additional insureds far any and all actions taken by each party, its officials, officers,
employees, and volunteers in the scope of their duties pursuant to this Agreement.
V. NOTICE
All communications, including notices, regarding this Agreement shall be sent to the Parties'
representatives at the addresses listed below:
7he City's representative shall be and notices shall be sent to:
Rabert Harrison, Chief Administrative Officer
1055 Grady Avenue South
Renton, WA 98057
425.430.6500
The RRFA's representative shall be and notices shall be sent to:
Fire Chief
24611 116th Ave SE.
AGREEMENT CLARIFYING THE PARTIES RESPONSIBIIITIES FOR DEVELOPING FIRE STATION#15 02-01-2018
Page 6 of 13
Renton,WA 98030
425.430.7000
Any written notice shall become effective upon (a}personal service or(b)three(3)business days
after the date of mailing by registe�ed or certified mail and first-ctass mail,a�d shalt be deemed
su�cienily given if sent to the address stated in this Agreament,or to such other address as may
be specified in writing by a party. Either party may change its representatives by notifying the
other in writing.
XII.EN71RE AGREEMENT
The Parties agree that this Agreement is the complete expression of the terms hereto and any
oral representations or understandings not incorporated herein are excluded. Both Parties
recognize that time is of the essence in the performance of the provislons of this Agreement.
Waiver of any default shalt not be deemed to be a waiver of any subsequent default.
Xllt.COUNTERPARTS
This Agreement may be executed in one or more counterparts, each af which shall be deemed
an original,but all of which together shall constitute one and the same instrument.
IN WITNE55,the Rarties below execute this Agreement,which shall become effective on the last
date entered befow.
RENTON REGIONAL FIRE AUTHORITY
,
r��
M'� �.o..u.a
1/T ...�` «—��
-�eY;
Its: Fire Chief ,�
Dated: l a f.�-'�r �ar�
APPROVED AS TO FORM:
Brian Snure
Attorney for RRFA
AGRfEMENT CtAR{fYINGTHE PARTIES RESPpN5101117tE5�OR D[VELpPlNG F��ftE S7A710N#SS ClZ-Oi-�OSB
Page 7 of 13
CITY RENTON
�
By: Denis Law
Its: Mayor
Dated: � � 3 �'' �
Attest
,
�- � � 3�' �
Jaso Seth
Rent n City lerk
APPROVED AS TO FORM:
�n�G i�,e /
Shane Moloney, City Attorney
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Page 8 of 13
EXHIBIT A
LEGAL DESCRIPTION (OF ENTIRE PROPERTY)
TRACT 38 OF HILLMAN'S LAKE WASHINGTON GARDEN OF EDEN ADQITION TO SEAl-fLE N0. 1,
ACCORDING TO TNE PLAT 7NEREOF RECORDED IN VOLUME 11 OF PLATS, PAGE 63, RECORDS OF
KING COUNTY, WASHINGTON;
EXCEPT THE EAST 140 FEET THEREOF;
SITUATE IN THE CITY OF RENTON, CDUNTY OF KING, STATE OF WASHINGTON
King County Assessor's Tax Parcel No. 3342103245
AGREEMENT ClARlFYWG TkE PAR7IES RESPONSIBILITiES FOR OEVELOPING F(RE STATION#'SS OZ-OS-?O1$
Page 9 af 13
' EXHIBIT B �.r�
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EXHlBIT C
1. Examples of Development Costs Attributabie towards the City's Maximum
Development Costs ($5,671,809 total)
Professional Services:
Architect
Civil Engineer
Landscape Architect
Cost Estimating
Signage
Commissianing
Miscellaneous:
Land Use Permitting
Meetings and Presentations
Construction Administration
Site Structural
Geotechnical
Record Drawings
Reimbursable Expenses
Testing and Inspections
Other Development Costs:
Construction
HVAC and other fixtures necessary to operate building
Project Management {including City staff assigned to project)
Public Art
Permits, Building
Permits, Civil
Plan Check
Printing
Installed Signage
P�oject redesign and construction related to accommodation af temporary
parking during Phase 2
Miscellaneous installed items:
Dishwasher
Range Hood
Range
Compressor
Fire Extinguishers
Fire Extinguisher Cabinets
AGREEMENT CLAftIFYING TNE PAftTIES RESPONSkB;UTIES FOR DEVELQPING FIRE STATION#15 O2-01-2018
Page 11 of 13
Garbage Disposal
Nose Reels
Marker boards
Roller Shades
Soap Dispensers
Tack boards
Water Heater
Wall Mirror
Parking lot light fixtures
2. Examples of FF&E: ($1,000,000 total)
Furniture:
Tables
Chairs
Couches
Beds/mattresses
Dressers
Televi5ians
Lamps
Appliances:
Washing machine/dryer
Refrigerator
Microwave
Dryer Cabinet, Gear
Extractar
Fireproof Cabinet
Hose Drying Rack
Pull-Up Bar
Soap Container
IT hardware that is not fixed to the building:*
Computers
Monitors
Printers
Telephones
Racks
Servers
Switches
Alerting
A6REEMENT CLAAIFYING THE PARTIES RESPONSIBIUTIES FOR DEVELOPING fIRE STATION#15 02-01-2018
Page 12 of 13
*Note: IT Services for RRFA are currently covered under ILA CAG-16-116
between the City and the RRFA, Exhibit 2, section 4.6. "Unique
Support Service Requests"and section 5. "Additional Staff Service
Cost." !f the RRFA is going to require IT services and support for FS
15 there wil/be additional support and services costs that wiN
need to be addressed in !LA CAG-16-116 and not as part of the
"project"cost associated with this agreement.
Fitness equipment including any costs associated with dedicated circuit electrical
requirements.
AED equipment for the facility.
Smoke &carbon monoxide detectors.
Fire Engine/truck.
AGREEMGNT CLAftiFVING THE PAATIES RESPONSIBIL1TtE5 FOR DEVELOPING FIftE STAT(ON#15 O?-01-2018
Page 13 of 13
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�( INSURED�PARTICIPANT: MEMORANDUM#:2019-00-625 ='�
�` Renton Regional Fire Authority ��
r; 1055 S Grady Way EFFECTIVE:September 1,2018 through August 31,2019
��� Rellt011,WA 98057 This is to certify that the Memorandum of Coverage has been issued to the ��
( Insured/Participant for the period indimted. �
� CERTIFICATE HOIDER: ��
, City of Renton ?'
iE
a� ;
�, 1055 Grady Avenue South
` Renton,WA 98057 �
� ,�
�� The Evidence of Coverage does not constitute a contract between the issuing insurer(sJ,authorized representative or producer,and the certificate '�
E; holder,nor does it affirmatively or negatively amend,extend or alter the coverage afforded by the policies listed thereon. {�
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�; ;�
�' COVERAGE: PER OCCURRENCE AGGREGATE ��'�
LIMIT LIMIT ,
�
;' COMPREHENSIVE GENERAL LIABILITY $5,000,000 $5,000,000 �
� Professional Liobility $5,000,000 $5,000,000
� Personal Liability $5,000,000 $5,000,000 �
Producis—Complete Operation $5,000,000 $5,000,000
�i ?
�; AUTO LIABILITY $5,000,000 $5,000,000 '"
' Combined Single Limit;Hired and Non-Owned;Temporary Substitute $5,000,000 $5,000,000 '�
€; _.._. __...... _....... _. _. i;
s; CRIME BLANKET COVERAGE WITH FAITHFUL PERFORMANCE OF DUTY N�A N�A ;�
a Per Occurrence Aggregate N/A N/A ;{
___......_... _..__.... . ___ _........ ____ _....... __.._.._ ________ __._..._ __._ a�
�, PROPERTY/MOBILE EQUIPMENT/BOILER AND MACHINERY `
� Property N/A N/A ;�
�� Mobile Eqwpment �
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AUTOMOBILE PHYSICAL DAMAGE N/A N/A �
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�� OTHER COVERAGE:PUBUC OFFICIALS E&O � $5,000,000� � $5,000,000 �
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g< Shouid any of the above described coverage be cancelled before the expiration date of thereof.Notice will be delivered in accordance with the 3
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�f The City of Renton, its officials,officers, employees,and volunteers who are acting within the scope of this Agreement is an � i�
� additional covered party in respects to the Agreement between the City of Renton and the Renton Regional Fire Authority ��
� clarifying the parties responsibilities for developing Fire Station#15. � ,�
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ADDENDUM B
ENDURIS AND ITS MEMBERS
MEMORANDUM OF COVERAGE
It is agreed that the "Covered Party, Covered Persons or Entities" provision is amended to
include any person or entity to whom the member is obligated by virtue of a contract to
provide insurance with respect to coverage afforded by this Memorandum. Said person or
entity shall be covered only to the extent of such obligation of the covered party, and then only
with respect to operations by or on behalf of the covered party, or of facilities of the covered
party,or of facilities used by the covered party.
This policy will not insure or defend any claims for liabilities arising out of the sole fault,
negligence or omission of the Additional Covered Party.
Coverage provided under this addendum is limited to the lesser of the limits stated on the
Declaration page,or the minimum of coverage required in the contract.
This addendum requires written approval from Enduris.
It is further agreed that nothing herein shall act to increase Enduris' Limit of Liability.
This addendum is part of the Memorandum and takes effect on the effective date of the
Memorandum unless another effective date is shown on the attached Evidence of Coverage.
All other terms and conditions remain unchanged.
Addendum B-Additionai Covered Party