HomeMy WebLinkAboutContract CAG-19-100
GCB 3066
This Interlocal Agreement (Agreement) is entered into by and between the Washington State
Department of Transportation, an agency of the State of Washington (WSDOT), and the City of
Renton, a Washington municipal corporation (CITY); individually referred to as the "Party" and
collectively the "Parties."
RECITALS
A. The Parties have the authority to enter into this Agreement pursuant to Chapter 39.34
RCW, the Interlocal Cooperation Act, wherein the legislature has authorized governmental
units to make the most efficient use of their individual powers by enabling them to
cooperate on a basis of mutual advantage for public benefit.
B. WSDOT is planning improvements to 1-405 between SR 167 in Renton and NE 6th Street
in Bellevue, known as the 1-405, Renton to Bellevue Widening and Express Toll Lanes
Project (Project).
C. One of those improvements involves widening of the 1-405 Cedar River Bridge causing
impacts to the Cedar River stream buffer requiring mitigation.
D. WSDOT has applied for and received a Shoreline Substantial Development Permit issued
July 11, 2018 from the CITY under City of Renton File No. LUA17-000810, SM, CAR (for
1-405, Tukwila to Renton Improvement Project, Stage 3) (Shoreline Permit) which
identified an area along the Cedar River in Ron Regis Park owned by the CITY and located
along Maple Valley Highway as a site for stream buffer mitigation.
E. Ron Regis Park is protected under Section 4(f) of the United States Department of
Transportation Act of 1966 (49 USC 303) as a publicly owned park and recreation area.
WSDOT has determined that its proposed stream buffer mitigation work qualifies as a
Section 4(f) exception under 23 CFR 774.13(g), thus, requiring no Section 4(f) mitigation
for the stream buffer mitigation work within Ron Regis Park. CITY has concurred in
WSDOT's Section 4(f) determination, provided that WSDOT and the CITY enter into an
interlocal agreement satisfactorily detailing the scope of WSDOT's proposed stream buffer
mitigation work, including provisions concerning the nature and location of planting, the
timing of planting, irrigation, maintenance, and replacement.
F. In addition, the Shoreline Permit also anticipates that the Parties would enter into an
interlocal agreement, stating as a condition: "The applicant shall complete an inter-local
agreement (ILA) for offsite mitigation planting at Ron Regis Park. Elements of the
agreement would include a detailed landscape plan with maintenance and temporary
irrigation. The ILA and detailed landscape plan shall be submitted with the construction
permit application to be reviewed and approved by the Current Planning Project Manager
prior to construction permit approval."
G. The Parties intend that this Agreement fulfill WSDOT's obligations under the CITY's
Section 4(f) concurrence and the Shoreline Permit.
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Now Therefore, in consideration of the mutual promises herein, and the attached Exhibits A and
B which are incorporated and made a part hereof, the Parties agree as follows:
1. Adoption of Recitals
The foregoing recitals are adopted and incorporated herein as terms of this Agreement.
2. Responsibilities
2.1 WSDOT agrees to:
2.1.1 Design a stream buffer mitigation plan to 100 percent permit design. The stream
buffer mitigation plan will include a landscaping plan which, in turn, will include, at
a minimum, the following:
2.1.1.1 An itemized planting list and location of plantings, generally as
shown in Exhibit A. The location of plantings as generally shown in
Exhibit A shall hereinafter be referred to as the "Site."
2.1.1.2 A timeline for initial planting, to occur in the fall season.
2.1.1.3 Provisions for irrigation, maintenance, monitoring, and plant
replacement (plant replacement, on an as-necessary basis) for a
five (5) year period, beginning on the last date of initial planting.
2.1.1.4 Collectively, the landscaping plan with its above elements is
hereinafter the "Landscaping Plan."
2.1.2 Apply for a City of Renton construction permit and include the Landscaping Plan
in the application.
2.1.3 Construct the stream buffer mitigation at Ron Regis Park, including installing all
plantings and related improvements called for in the Landscaping Plan, under the
Project's design build contract.
2.1.4 Maintain and monitor the Site and conduct necessary plant replacement for a 5-
year plant establishment period, consistent with the Landscaping Plan. WSDOT
may assign all or part of these obligations to its design builder, but WSDOT shall
remain jointly responsible for any assigned obligations.
2.1.5 Work with the CITY during the 5-year plant establishment period to accommodate
the CITY's public access and use plans that are consistent with the stream buffer
mitigation functions at Ron Regis Park.
2.1.6 Provide quarterly inspection updates of compliance with the Landscaping Plan to
the CITY's Community and Economic Development and Community Services
Departments for the first year and annual reports for the five (5) year plant
establishment period. These reports will depict the baseline condition including at
a minimum field pictures of how the area is re-vegetated, success rates of planting,
and the appearance of any invasive material on the Site.
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2.1.7 At the conclusion of the 5-year plant establishment period, deliver a written Notice
of Physical Completion of Stream Buffer Mitigation Construction (Notice) to the
CITY.
2.1.8 Follow the review process as per Exhibit B.
2.2 The CITY agrees to:
2.2.1 Grant and convey to the WSDOT a right of entry upon Ron Regis Park for the
purpose of constructing and maintaining the stream buffer mitigation site through
the plant establishment period.
2.2.2 Follow the review process and comment on the submittals described in EXHIBIT
B CITY REVIEW (Exhibit B).
2.2.3 Issue a construction permit for the stream buffer mitigation work in Ron Regis Park
if WSDOT has complied with its obligations under this Agreement and has
otherwise satisfied the requirements for issuance of a construction permit.
2.2.4 Subject to the provisions of Section 3, relieve WSDOT of maintenance obligations
for the stream buffer mitigation functions upon acceptance of the Notice.
3. City Acceptance of the Stream Buffer Mitigation Site
3.1 Any modifications to the stream buffer mitigation area agreed to by the Parties prior to the
end of the 5-year plant establishment period, will require a written amendment to this
Agreement signed by the Parties that defines the work and addresses issues of design,
construction, funding and maintenance related to such modifications. Unless the Parties
otherwise agree, the CITY will be responsible for obtaining any required permits related
to such modifications.
3.2 Prior to WSDOT delivering the Notice to the CITY, the CITY and WSDOT will perform a
joint inspection. Subject to the provisions of Section 3.3, the CITY agrees, upon
satisfactory completion of the stream buffer mitigation area and receipt of the Notice, to
deliver a letter of acceptance to WSDOT.
3.3 If a letter of acceptance from the CITY is not received by WSDOT within thirty (30)
calendar days following delivery of the Notice to the CITY, the stream buffer mitigation
construction and WSDOT administration thereof shall be considered accepted by the
CITY, unless within such 30-day period the CITY delivers to WSDOT a notice of non-
acceptance. The CITY's notice of non-acceptance will include the reason(s) for
withholding acceptance.
4. Relationship to Existing Laws and Statutes
This Agreement in no way modifies or supersedes existing laws and statutes. In meeting
the commitments encompassed in this Agreement, the Parties will comply with the
requirements of the National Environmental Policy Act, the State Environmental Policy
Act, Growth Management Act, Shoreline Management Act, permit requirements and
conditions, and other applicable State, federal and local laws.
5. Effective Date, Duration, and Amendment
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5.1 The term of this Agreement shall commence upon the Parties'execution of the Agreement
and continue until sixty (60) calendar days after the Parties have completed all of their
respective obligations under Sections 2 and 3 of this Agreement.
5.2 This Agreement may only be amended in writing, except as may otherwise be provided
within this Agreement, and any amendment shall become effective only when signed by
persons authorized to a written amendment to this Agreement.
6. Legal Relations
6.1 Each Party shall be responsible for its own administrative determinations and actions
taken in the performance of this Agreement.
6.2 The provisions of this Agreement shall be administered by WSDOT for the State of
Washington and the Public Works Department for the CITY, with the CITY's Community
Services Department (as the land manager) supporting the Public Works Department.
6.3 Notice
Notice to the CITY shall be sent to:
Gregg Zimmerman, Public Works Administrator
1055 Grady Avenue South
Renton, WA 98057
Telephone: 425.430.7311
Email: Gzimmerman@rentonwa.gov
With a copy to:
Leslie Betlach, Parks Planning and Natural Resources Director
1055 Grady Avenue South
Renton, WA 98057
Telephone: 425.430.6619
Email: Lbetlach@rentonwa.gov
Notice to WSDOT shall be sent to:
Sean Quarrie, PE, Project Engineer
600 108th Ave NE, Ste 405
Phone: 425-456-8627
Email: QUARRIS@wsdot.wa.gov
All communications, including notices, regarding this Agreement shall be sent to the
Parties' representatives at the addresses listed above. Any written notice shall become
effective upon (1) personal service or (2) three business days after the date of mailing by
registered or certified mail and first-class mail, and shall be deemed sufficiently given if
sent to the address stated in this Agreement, or to such other address as may be specified
in writing by a Party. Telephone or e-mail communication, or both, is encouraged as
supplemental notice, but shall not replace the preceding notice requirements.
6.4 Each Party shall protect and hold harmless the other Party, its officers, officials,
employees, and/or agents from and against all claims, suits or actions arising from the
acts or omissions of that Party, its officers, officials, employees, and/or agents while
performing under the terms of this Agreement. In the event of a claim for damages of any
nature whatsoever arising out of the performance of this Agreement caused by the
GCB 3066 Page 4 of 6
concurrent actions of the Parties, their officers, officials, employees, and/or agents, each
Party shall provide its own defense and be liable for damages, costs, fees or other
amounts only to the extent of its individual actions that are the basis for the imposition of
liability or damages. The provisions of this Section shall survive the termination of this
Agreement.
6.5 Any lawsuit or legal action brought by either Party to enforce or interpret this Agreement
or any of its terms or covenants shall 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.
7. No Third Party Benefits
This Agreement is made for the sole benefit of WSDOT and the CITY and not for any third
party's benefit.
8. Severability
If any provision of this Agreement or its application to any person or circumstance is held
invalid, the remainder of the provisions and/or the application of the provisions to other
persons or circumstances shall not be affected.
9. Miscellaneous
9.1 No separate legal or administrative entity is created under this Agreement.
9.2 No joint financing structure or budget is hereby created under this Agreement.
9.3 No real or personal property will be acquired under this Agreement.
9.4 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 provisions of this
Agreement. Waiver of any default shall not be deemed to be a waiver of any subsequent
default. Waiver or breach of any provision of the Agreement shall not be deemed to be
waiver of any other or subsequent breach and shall not be construed to be a modification
of the terms of the Agreement.
9.5 This Agreement may be executed in one or more counterparts, each of which shall be
deemed an original, but all of which together shall constitute one and the same instrument.
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In Witness Whereof, the Parties have executed this Agreement as of the latest date written
below.
City of Renton Washington State
Department of Transportation wo it,,, _________
By (signature): ture :
Denis Law Kim Henry
Mayor I-405/SR 167 Program
4/ 73r
Date: Date:
Approved as to Form: Approved as to Form:
Shane Moloney CJ 5AA/ C&u'5ir
By (print): By (print)
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By (signature): By (signature):
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EXHIBIT B
CITY REVIEW
1.0 CITY REVIEW AND COMMENT ON PROJECT ELEMENTS
1.1 WSDOT will provide the CITY with three (3) hard copies and an electronic copy of the
preliminary and final design submittals formatted to printing and plotting to scale, as
submitted by the Design-Builder in accordance with the Project's Request for Proposals
(RFP), for review and comment by the CITY on Project elements that (a) require a CITY
permit pursuant to the Renton Municipal Code (RMC), (b) will be owned, maintained, or
operated by the CITY, (c) will be located within CITY-owned property or right of way, or
(d) will be integrated with or connected to CITY utilities (collectively hereinafter referred to
as "Project Elements").
1.1.1 Project Elements include, but are not limited to, design of CITY streets and other
associated CITY roadway elements, landscaping, irrigation, sidewalks, bike
facilities, trail connections and associated amenities, stormwater, water and sewer
utilities, streetlights along CITY roadways, CITY street and trail detour routes,
noise variance requests within the CITY limits and right of way permits within the
CITY limits.
1.1.2 WSDOT shall submit designs to the CITY for review at preliminary and final design
stages. Each submittal, including final design, shall consider the CITY's previous
review comments to address and incorporate changes as appropriate.
1.1.3 WSDOT agrees that its design and construction of Project Elements shall conform
to conditions of the WSDOT Environmental Assessment, applicable CITY policies,
CITY's Municipal Storm Water permits, CITY's Trails and Bicycle Master Plan,
design standards, standard plans, comprehensive utilities system plans,
development regulations, and other applicable requirements of the RMC. The
CITY's review and comment will be limited to such requirements.
1.1.4 CITY may require the Design-Builder to apply for an Authorization of Special Billing
as part of the Civil Construction permit. The Special Billing covers the CITY
inspector's overtime hours for working outside of 7:00 AM to 3:30 PM based on
the Design-Builder's work schedule for constructing Project Elements.
1.2 WSDOT will provide the CITY with three (3) hard copies and an electronic copy formatted
to printing and plotting to scale, of the Release for Construction (RFC) documents for CITY
use in confirming that all the CITY's comments on the final design submittals have been
addressed. The CITY may submit written comments concerning the RFC documents to
WSDOT within the timeframe given in Section 1.6, below.
1.3 WSDOT will review all submittals from its Design-Builder for completeness with contract
requirements prior to forwarding them to the CITY's Project Coordinator for review.
1.4 WSDOT will provide the CITY with its review comments on Project Elements included in
the Design-Builder's plans.
GCB 3066 Page 1 of 2
Exhibit B
1.5 WSDOT will work with its Design-Builder to give the CITY as much advance notice of
upcoming and planned submittals as possible. WSDOT will have the Design-Builder
submit a 45 calendar day schedule of upcoming submittals to the CITY.
1.6 The CITY commits to reviewing and returning preliminary construction and right-of-way
design submittals to WSDOT within a maximum of fourteen (14) calendar days of request
for review and final construction and right-of-way design submittals within fourteen (14)
calendar days of request for review. All other required permit submittals shall be reviewed
as required by the RMC.
1.6.1 In the case of infrequent circumstances, such as CITY emergencies and extreme
and unusual weather conditions affecting the CITY's ability to perform normal
functions, or receipt of project submittals of unusual volume, complexity, or
unexpected or controversial content, the Parties recognize the challenge the CITY
may have to review and return submittals within the allotted review period.
1.6.2 The Parties agree that additional review days may be allowed if there is no created
delay or cost increase for the Project. In these cases, the CITY will be responsible
for requesting approval from WSDOT within the allotted review period and
articulating the cause for delay and specific additional calendar days needed for
the review.
1.6.2.1 WSDOT will review the extended period request for consequences to
the design-build contract requirements, schedule, and cost.
1.6.2.2 WSDOT will approve extensions if there is no risk created to the
design-build contract.
1.6.2.3 If WSDOT is unable to approve additional review days, WSDOT, at
WSDOT's sole discretion, may proceed with the design-build contract
without the CITY's review comments so as to prevent any delays to
the Project due to the CITY's reviews.
1.6.2.4 If WSDOT proceeds without the CITY's review comments as set forth
in this section, WSDOT shall ensure compliance with applicable
design standards and plans as set forth in this agreement and the
project's Request for Proposal and the CITY will defend and indemnify
WSDOT for any claims arising from the work under this Agreement
related to the CITY's failure to make such review comments.
GCB 3066 Page 2 of 2
Exhibit B