HomeMy WebLinkAboutContract ro CAG-06-069
INTERLOCAL COOPERATIVE AGREEMENT
BETWEEN THE
CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY
AND THE CITY OF RENTON
Strander Boulevard/SW 27thStreet Extension: West Valley Highway to Oaksdale Ave S.W.
Project
and
Rainier/Hardie Avenue Arterial Improvements Project
THIS Agreement is made this day of ii , 2006 between the
Central Puget Sound Regional Transit Authority(hereinafter refe to as "SOUND TRANSIT" or
"ST") and the City of Renton, a municipal corporation ("Renton" . "City").
RECITALS
WHEREAS, the City is a municipal corporation with all powers necessary to construct
public improvements within its jurisdiction;
WHEREAS, Sound Transit is a governmental entity vested with all powers necessary to
implement a high capacity transportation system within its boundaries in King, Pierce, and
Snohomish Counties as provided in RCW 81.104 and 81.112; and
WHEREAS, Sound Transit is authorized by the voters to implement Sound Move, a plan for
regional high-capacity transit, which includes new facilities and services including in part Regional
Express Bus and HOV Systems, new regional bus routes operating predominately on the state's
high-occupancy-vehicle lanes, the construction of special HOV access ramps to the freeway HOV-
lane network, and numerous transit facilities such as transit centers and park and ride lots; and
WHEREAS, Sound Transit and the City recognize the need to collaborate on the design and
development of transit improvements to effectively and efficiently provide bus service to the City of
Renton and the surrounding area; and
WHEREAS, constructing and operating transit improvements within the region is a complex
task, requiring maximum cooperation and efficient utilization of resources between the parties, and
the parties recognize the efficiencies and economies inherent in jointly designing and constructing
the transit improvements funded by Sound Transit contemporaneously with general purpose
improvements funded by the City; and
WHEREAS, the City and Sound Transit agreed to jointly pursue the implementation plan
for certain transit and HOV improvements by letter dated April 19, 2005, from Sound Transit Board
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Chair John Ladenburg to Mayor Kathy Keolker-Wheeler of Renton and Mayor Steve Mullet of
Tukwila(April 19, 2005 Letter of Intent); and
WHEREAS, the City has obtained an agreement in principle with Union Pacific (UP) for the
relocation of the UP track to the east alongside Burlington Northern Santa Fe (BNSF)tracks thereby
allowing Strander Boulevard to cross over the combined tracks, and the relocation of the UP track
alongside the BNSF tracks allows Sound Transit to redesign its access to Tukwila Station to
eliminate the direct access from Strander Boulevard and to remove the queue jump from its design
and thereby achieve significant Project cost reductions; and
WHEREAS, the Strander Boulevard/SW 27th Extension: West Valley Highway to Oaksdale
Ave S.W. Project which includes transit queue jump improvements at the intersections of SW 27th
Street with the Boeing access, Oakesdale Avenue SW and Lind Avenue SW will have quantifiable
benefits to transit in improving transit speed and reliability, specifically to the nearby Sound Transit
Sounder Tukwila Station; and
WHEREAS,the City will complete the environmental review and documentation, and
Sound Transit will rely on the City's environmental review in authorizing funding consistent with
this Agreement; and
WHEREAS, the City desires to serve as the lead agency for the design and construction of
the Strander Boulevard/SW 27th Street Extension: West Valley Highway to Oaksdale Ave S.W.
Project within the City's jurisdiction; and
WHEREAS, the Rainier/Hardie Avenue Arterial Improvements Project will allow Sound
Transit and King County Metro express bus service to bypass the heavily congested Rainier Avenue
and achieve a significant time saving in both the northbound and southbound directions; and
WHEREAS, the City of Renton desires to serve as the lead agency for the design and
construction of the Rainier/Hardie Avenue Arterial Improvements Project; and
WHEREAS,the transit and general purpose improvements in both the Strander Boulevard
/SW 27th Street Extension: West Valley Highway to Oaksdale Ave S. W. Project and the
Rainier/Hardie Avenue Arterial Improvements Project are supported by the Renton City Council
and endorsed by Sound Transit; and
WHEREAS, pursuant to the April 19, 2005 Letter of Intent, Sound Transit is willing to
contribute a fixed amount of$4 million to the City's Strander Boulevard/SW 27th Street Extension:
West Valley Highway to Oaksdale Ave S.W. Project which amount includes a proportional share of
the cost of the frontage improvements ($2.7 million) and a contribution to the transit queue jump
lanes at Lind, Oakesdale, and the Boeing access road ($1.3 million); and
WHEREAS, pursuant to the April 19, 2005 Letter of Intent, Sound Transit is willing to
contribute the fixed amount of $14.9 million for transit improvements on Rainier Avenue and
Hardie Avenue;
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NOW THEREFORE, in consideration of the above premises,the parties wish to enter into
this Agreement to provide for funding for the preliminary engineering and environmental
documentation of the projects and to establish principles and purposes to be adopted in one or more
future interlocal funding agreements to be executed by the parties for the Strander Boulevard/SW
27th Street Extension Project and the Rainier/Hardie Avenue Arterial Improvements Project.
1. PURPOSE
This Agreement will provide for the funding of the preliminary engineering and environmental
documentations of the transit improvements to be constructed by the City of Renton in connection
with the Strander Boulevard/SW 27th Street Extension: West Valley Highway to Oaksdale Project
and the Rainier/Hardie Avenue Arterial Improvements Project(the "Project" or"Projects"). This
Agreement will outline the scope, schedule and budget for a future interlocal funding agreement to
be executed between the parties that will provide the remaining Sound Transit funding for the three
(3)remaining phases of work for the completion of the transit elements of the Projects by the City.
2. COOPERATION AND GOOD FAITH EFFORTS
2.1 Both parties acknowledge that the success of the regional transportation program requires
their willingness to work collaboratively to achieve the goals and objectives articulated in
this Agreement. The Parties understand and agree that the process described in this
Agreement depends upon timely and open communication and cooperation between the
Parties. In this regard, communication of issues, changes, or problems that arise with regard
to any aspect of the work should occur as early as possible in the process, and not wait for
explicit due dates or deadlines. Each party agrees to work cooperatively and in good faith
toward resolution of any such issues.
2.2 The Parties acknowledge that this Agreement contemplates the execution and delivery of a
number of future documents and instruments,the final form and contents of which are not
presently determined. The Parties agree to provide the necessary resources and to work in
good faith to develop the final form and contents of such documents and instruments, and to
execute and deliver the same promptly.
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3. GENERAL FUNDING APPROACH
3.1 Sound Transit Funding Commitment
3.1.1 Strander Boulevard/SW 27th Street Extension: West Valley Highway to Oaksdale Ave
S.W. Project Funding. As previously agreed to by letter dated April 19, 2005, Four
Million Dollars ($4,000,000)will be the maximum amount of the Sound Transit funding
contributions to City of Renton for completion of the Transit Elements in the Strander
Boulevard/SW 27th Street Extension: West Valley Highway to Oaksdale Ave S.W. Project,
including the preliminary engineering, environmental documentation, final design, right of
way acquisition, and construction of the Transit Elements by the City of Renton.
However, if there is a change in project scope that results in significant additional transit
benefit or in Sound Transit policies,the City may propose and Sound Transit may consider
an additional investment in the re-defined project. In this Agreement Sound Transit will
initially provide the maximum amount of thirty thousand dollars ($30,000) for completion of
the preliminary engineering and environmental documentation for the Transit Elements
described below for the Strander Boulevard/SW 27th Street Extension: West Valley
Highway to Oaksdale Ave S.W. Project.
3.1.2 Rainier/Hardie Avenue Arterial Improvements Project Funding. As previously agreed
to by letter dated April 19, 2005, Fourteen Million Nine Hundred Thousand dollars
($14,900,000)will be the maximum amount of the Sound Transit funding contributions to
City of Renton for completion of all the Transit Elements in the Rainier/Hardie Avenue
Arterial Improvements Project, including the preliminary engineering, environmental
documentation, final design, and construction of the Transit Elements by the City of Renton.
In this Agreement, Sound Transit will initially provide the maximum amount of Two
Million Five Hundred Thousand Dollars ($2,500,000) for completion of the preliminary
engineering and environmental documentation for the Transit Elements described below for
the Rainier/Hardie Avenue Arterial Improvements Project.
3.1.3 Remaining ST Funding. The remaining portion of Sound Transit's funding for the right-
of-way acquisition, final design and construction of the Transit Elements of each of these
Projects will be provided under separate interlocal agreements for final design and
construction which will incorporate terms and conditions consistent with this Agreement and
other terms appropriate for these phases of the work.
3.2 City Funding Commitment. All remaining funding for the two Projects, including the
preliminary engineering and environmental documentation, and final design, right of way
acquisition, and construction of the City's Projects will be provided by the City through City
funds or other funding obtained by the City. If the actual costs exceed the City's estimates
for the two Projects, Sound Transit shall not be obligated to increase its contribution under
this Agreement. If the total Project costs exceed the available matching funding from the
City or other sources, the City may reduce the scope of the general purpose improvements,
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but in no event shall the City reduce the size and scope of the Transit Elements, unless
written approval is received from Sound Transit.
3.3 Funding Principles. The Parties agree that the following principles apply to this
Agreement and any subsequent funding agreement executed by the parties:
3.3.1 The April 19, 2005, Letter of Agreement between Sound Transit,the City of Renton and the
City of Tukwila establishes Sound Transit's maximum funding obligation for the current
project scope consistent with Sound Transit policies for the Strander Boulevard/SW 27th
Street Extension: West Valley Highway to Oaksdale Ave S.W. Project and the
Rainier/Hardie Avenue Arterial Improvements Project, including preliminary engineering,
environmental documentation, final design, and the construction phase of both Projects.
3.3.2 Sound Transit will not be obligated to make any contribution if the City fails to fulfill its
funding obligations for design and environmental review under this Agreement.
3.3.3 Sound Transit will not be obligated to make its contributions if the City substantially
changes the Transit Elements without Sound Transit's written consent.
3.3.4 Any cost savings achieved by the City in completing the Transit improvements will be
applied to reduce Sound Transit's funding commitment under this Agreement or for the
Strander Boulevard/SW 27th Street Extension: West Valley Highway to Oaksdale Ave S.W.
Project and Rainier/Hardie Avenue Arterial Improvements Project, unless additional,
mutually agreeable, transit supportive capital improvements are identified.
4. SCOPE AND SCHEDULE
4.1. Scope
4.1.1 Strander Boulevard/SW 27th Street Extension: West Valley Highway to Oaksdale Ave
S. W. Project: General Project Scope Description. The Strander Boulevard/SW 27th
Street Extension Project is located within Renton City limits on SW 27th Street and Tukwila
City limits on Strander Boulevard.
The Project includes the design and construction of a new east-west arterial roadway that
will connect the cities of Renton and Tukwila, and provide significant congestion relief to
existing arterials. The anticipated Project scope includes building a new five-lane arterial
from West Valley Highway to Oakesdale Avenue SW, including a grade-separated crossing
of the Union Pacific and the Burlington Northern Santa Fe railroad tracks, widening SW 27th
Street from Oakesdale Avenue SW to East Valley Road, and building three queue jump
improvements at the intersections of SW 27th Street with the Boeing access, Oakesdale
Avenue SW and Lind Avenue SW. The Project will also include construction of curb and
gutters, landscape planter/median strips, sidewalk and a shared-use pathway. The Project
will include the Transit Elements defined below, and will have quantifiable benefits to
transit in improving transit speed and reliability, specifically to the nearby Sound Transit
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Sounder Tukwila Station.
4.1.2 Rainier/Hardie Avenue Arterial Improvements Project: General Project Scope,
Description. The Rainier/Hardie Avenue Arterial Improvements Project is located within
the Renton City limits on Hardie Avenue SW from SW Sunset Boulevard to Rainier Avenue
South and on Rainier Avenue South from the intersection of South 2nd Street to the vicinity
of the intersection of South 4th Place.
The Project will include the design and construction of north and southbound business
access and transit (BAT) lanes on Hardie Avenue SW that will allow Sound Transit and
King County Metro express bus service to bypass the heavily congested Rainier Avenue. In
order to accommodate additional lanes on Hardie Avenue SW,the existing BNSF railroad
bridge will need to be rebuilt and widened. Additionally, a northbound transit-only signal
will be installed for transit moving from Rainier Avenue South onto Hardie Avenue SW.
Sidewalks and planting strips all along Hardie Avenue SW will also need to be rebuilt with
accommodations for bicycle and non-motorized travel. The access to the Renton Fred
Meyer at the current intersection of Hardie/Langston/Sunset Boulevard SW will also need to
be revised. -
Rainier Avenue South will receive a transit queue jump across Rainier Avenue South at the
intersection of South 3rd Street (Sunset Boulevard SW), improved transit rider facilities
(benches, shelters, information kiosks, etc.), landscaped medians, vehicle left-turn
restrictions, widened sidewalks (including new planter strips and pedestrian scale lighting),
and textured, colored pavement at key intersections and pedestrian crossings.
4.2 Renton's Responsibility. As lead agency, Renton will cause to be completed the
preliminary engineering and the environmental documentation for the two projects described
in Section 4.1 and will supply the additional funding for all remaining costs of the
preliminary engineering and environmental documentation associated with each of the
projects. It is anticipated that Renton will be the lead agency for the final design, right-of-
way acquisition, construction management, and construction phases of each Project.
4.3 Transit Elements
4.3.1 Strander Boulevard/SW 27th Street Extension: West Valley Highway to Oaksdale Ave
S.W. Project—Transit Elements. The City will incorporate the following transit
improvements (hereinafter"Transit Elements") into its preliminary engineering and
environmental documentation of the Strander Boulevard/SW 27th Street Extension: West
Valley Highway to Oaksdale Ave S.W. Project:
• Queue jump improvements to three intersections:
o SW 27th Street and the Boeing access road
o SW 27th Street and Oakesdale Avenue SW
o SW 27th Street and Lind Avenue SW
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• Frontage improvements on a new east-west arterial roadway connecting the cities of
Renton and Tukwila providing, a new route to access the Sound Transit Sounder-
Tukwila Station from the east regions of Renton.
4.3.2 Rainier/Hardie Avenue Arterial Improvements Project—Transit Elements. The City
will incorporate the following Transit Elements into its preliminary engineering and
environmental documentation of the Rainier/Hardie Avenue Arterial Improvements Project:
• Business access and transit lanes on Hardie Avenue SW
• A transit-only signal at the intersection of Hardie Avenue SW and Rainier Avenue South
• A transit queue jump for the eastbound movement at Rainier Ave and S. 3rd Street
• Upgraded bus stops and improved rider access to existing bus stops.
4.4 Preliminary Engineering/Environmental Documentation
4.4.1 Strander Boulevard/SW 27th Street Extension: West Valley Highway to Oaksdale Ave
S.W. Project. In consideration for Sound Transit's funding contribution of Thirty Thousand
Collars ($30,000) under this agreement for the Strander Boulevard/SW 27th Street
Extension: West Valley Highway to Oaksdale Project, Renton will cause to be completed
the preliminary engineering and environmental documentation for the Transit Elements of
that Project. Renton shall be the lead agency responsible for completing the SEPA and
NEPA documentation for the Transit Elements and will incorporate it into the environmental
documentation for the Project.
4.4.2 Rainier/Hardie Avenue Arterial Improvements Project. In consideration for Sound
Transit's funding contribution of Two Million Five Hundred Thousand Dollars ($2,500,000)
under this Agreement for the Rainier/Hardie Avenue Arterial Improvements Project, Renton
will cause to be completed the preliminary engineering and environmental documentation
for the Transit Elements of that Project. Renton shall be the lead agency responsible for
completing the SEPA and NEPA documentation for the Transit Elements, and will
incorporate it into the environmental documentation for the Project.
4.5 Final Design,Right-of-Way Acquisition and Construction. It is anticipated that upon the
completion of final design and environmental documentation for the projects described in
Section 4.1 and upon the execution of one or more interlocal agreements for final design and
construction, Renton will complete the final design, right-of-way acquisition, and
construction phases of the two projects. The proposed Project schedules for completion of
the Transit Elements of each Project will be based on the design and construction of certain
phases and segments of the Strander Boulevard/SW 27th Street Extension: West Valley
Highway to Oaksdale Ave S. W. Project or the Rainier/Hardie Avenue Arterial
Improvements Project. The queue jump improvements at Oakesdale Avenue SW and Lind
Avenue SW will be done as part of Phase 2 of the SW 27th Street/Strander Boulevard
Extension Project. The queue jump improvement at the Boeing Access and the frontage
improvements will be done as part of Phase 1, Segment 2 of the SW 27th Street/Strander
Boulevard Extension Project.
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4.6 Schedule for Completion of Preliminary Engineering and Environmental
Documentation
4.6.1 Strander Boulevard/SW 27th Street Extension: West Valley Highway to Oaksdale Ave
S.W Project. The preliminary engineering and environmental documentation for the
Transit Elements(transit queue jumps) of the Strander Boulevard/SW 27th Street Extension:
West Valley Highway to Oaksdale Ave S. W. Project shall be completed by Renton within
one year of the execution of this Agreement. This is considered by Sound Transit to
represent 30%design plans.
4.6.2 Rainier/Hardie Avenue Arterial Improvements Project. The preliminary engineering
and environmental documentation for the Transit Elements of the Rainier/Hardie Avenue
Arterial Improvements Project shall be completed by Renton within one year of the
execution of this Agreement. This is considered by Sound Transit to represent 30% design
plans.
5. FUNDING PHASES
5.1 Preliminary Engineering and Environmental Documentation
5.1.1 Strander Boulevard/SW 27th Street Extension: West Valley Highway to Oaksdale Ave
S.W. Project. Sound Transit will fund the preliminary design and environmental
documentation for the Transit Elements of the Strander Boulevard/SW 27th Street
Extension: West Valley Highway to Oaksdale Ave S. W. Project in the amount of thirty
thousand dollars ($30,000)to be paid pursuant to the provisions of this Agreement. Sound
Transit's funding contribution for the preliminary design and environmental documentation
for the Transit Elements will not exceed $30,000 for the Strander Boulevard/SW 27th Street
Extension Project.
5.1.2 Rainier/Hardie Avenue Arterial Improvements Project. Sound Transit will fund the
preliminary design and environmental documentation for the Transit Elements of the
Rainier/Hardie Avenue Arterial Improvements Project in the amount of two million five
hundred thousand dollars ($2,500,000).
5.1.3. City. The City of Renton shall be responsible for all costs over and above the Sound Transit
contribution related to the preliminary design and environmental documentation work for
the Projects.
5.2 Final Design and Construction Phase
5.2.1 Strander Boulevard/SW 27th Street Extension Project. Upon completion of the
preliminary engineering and environmental documentation Sound Transit will seek Board
budget authorization to fund the final design, right-of-way acquisition and construction of
the Transit Elements of each of the Projects in the maximum amount of Three Million Nine
Nundred and Seventy Thousand Dollars ($3,970,000) for the Strander Boulevard/SW 27th
Street Extension Project, of which $1,348,000 will fund the queue jump improvements, and
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Two Million Six Hundred Twenty-Two Dollars($2,622,000) will be the Sound Transit
contribution to frontage improvements. Sound Transit's funding contribution for the right-
of-way acquisition, final design and construction of the Transit Elements for the Strander
Boulevard/SW 27th Street Extension: West Valley Highway to Oaksdale Ave S. W. Project
will not exceed Three Million Nine Hundred Seventy Dollars ($3,970,000). Sound
Transit's contribution of construction funds to Renton shall be conditioned upon the
completion of the relocation of the UP track to the east alongside Burlington Northern Santa
Fe (BNSF)tracks thereby allowing Strander Boulevard to cross over the combined tracks.
The proposed schedule for completion of the final design,right-of-way acquisition and
construction for the Strander Boulevard/SW 27th Street Extension: West Valley Highway to
Oaksdale Ave S. W. Project is:
Phase 1, Segment 1
Final Design: 4th Quarter 2004—3rd Quarter 2005
Construction: 3rd Quarter 2005 —2"d Quarter 2006
Phase 1, Segment 2
Final Design: 2nd Quarter 2007—4th Quarter 2008
Construction: 1St Quarter 2009—2nd Quarter 2012
Phase 2
Final Design/Right-of-Way Acquisition:
Construction: 4th Quarter 2009—2nd Quarter 2011
5.2.2 Rainier/Hardie Avenue Arterial Improvements Project. Sound Transit's funding
contribution for the right-of-way acquisition, final design and construction of the Transit
Elements for the Rainier/Hardie Avenue Arterial Improvements Project will not exceed
Twelve Million Four Hundred Dollars ($12,400,000).
The proposed schedule for completion of the final design, right-of-way acquisition and
construction for the Hardie Avenue SW/Rainier Avenue South Project is:
Final Design: Completed within a year after the PE/ED is completed (or two years after this
Agreement is executed).
Right-of-Way Acquisition: Completed within a year after the PE/ED is completed(or two
years after this agreement is executed); this phase will be conducted simultaneously with
Final Design work.
Construction: To start within two years of the execution of this agreement and completed
within a year and a half(Hardie and Rainier will be completed within three and a half years
of execution of this Agreement).
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5.2.3 Transfer of Sound Transit Property. Sound Transit will convey a permanent easement to
the City of Renton for the use of up to 7,820 sq. ft. of property currently owned by Sound
Transit for the purpose of constructing supporting structures for the bridge as part of the
Strander Boulevard/SW 27th Street Extension: West Valley Highway to Oaksdale Ave S.
W. Project. At the time of the final bridge design,the actual square footage of the
permanent easement to be conveyed to the City will be established, and the consideration for
the permanent easement will be calculated at$18 per square foot for a total of$140,760 for
7,820 sq. ft. The consideration established for the permanent easement will be applied to
reduce any invoiced amount submitted to Sound Transit under this Agreement, and the total
amount of Sound Transit's funding contribution under Section 3.1.1 ($4 million) will be
reduced by that consideration. Sound Transit property disposition policies shall apply to
transfers of any other easements or property interests.
5.2.4 Future Interlocal Agreements. The parties will execute subsequent interlocal agreements
to provide the remaining Sound Transit funding for the remaining three phases of the work :
final design, right-of-way acquisition, and construction. The parties anticipate that funding
under the subsequent interlocal agreements for the final design and right-of-way acquisition
phase of each Project, and for the construction phase of the Projects will be provided
through periodic funding contributions based on the completion of project milestones in
amounts to be agreed upon by the Parties under the funding principles of Section 3.
The City of Renton shall be responsible for all remaining costs over and above the Sound
Transit contribution for the final design, right-of-way acquisition, and construction costs for
each Project. The parties anticipate that the final design and construction agreement will
provide for payment of the Sound Transit contribution in the form of monthly funding
contributions upon the completion of project milestones established by the parties within the
remaining three phases of the work: final design, right-of-way acquisition, and construction.
6. SOUND TRANSIT PROJECT PARTICIPATION
6.1 Review—Preliminary Engineering. Renton will provide its preliminary engineering
Project plans and environmental documentation (30%plans)to Sound Transit for review
and comments. Sound Transit will be co-lead on each Project's environmental
documentation with the City of Renton as the nominal lead.
6.2 Review—Final Design. It is anticipated that Sound Transit will provide review of the final
design and right-of-way plans, and provide coordination with construction management
review staff when the Projects proceed to the final design and construction phases. Sound
Transit also will review the 60%, 90%, and 100%plans, as well as the Invitation for Bids.
7. CITY OF RENTON RESPONSIBILITIES FOR PROJECT COMPLETION
7.1 Final Design and Construction Phases. Following the completion of preliminary
engineering and environmental documentation for both Projects, and upon approval of such
documentation by the City Council and the Sound Transit Board which will not be
unreasonably withheld, and upon the execution of one or more interlocal agreements
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between the parties for final design, right-of-way acquisition, and construction of the Transit
Elements, Renton will proceed with the final design, right-of-way acquisition, and
construction phase for the Projects. Renton's anticipated responsibilities for completion of
the remaining phases of the Projects are as described below.
A. Final Design Phase
Upon execution of an interlocal agreement and approval of the funding of the final design
and construction of the Transit Elements by the Sound Transit Board, and upon City Council
approval of the applicable interlocal agreements, Renton will commence the following
activities:
• Complete final design.
• Respond to Sound Transit's plan review comments within six weeks of receipt by the
City.
• Provide a hard copy and electronic copy of the 60%, 90%, 100%plan sheets and the
Invitation for Bid(IFB) submittal, including the engineer's estimates, to Sound
Transit.
• Process the monthly progress payments by the Consultant.
• Provide monthly invoices to Sound Transit for transit-related element costs.
• Provide monthly status reports to Sound Transit.
• Provide day-to-day management of the bidding phase including collection,
distribution and responses to request for information, bid openings and bid
evaluations.
Within two weeks of receipt of the plans, Sound Transit will review and submit to the City
its comments on a hard copy and electronic copy of the 60%, 90%, 100% and IFB submittal
including the engineer's estimates. Sound Transit will provide an electronic comment form,
which will be used during the comment and response period.
B. Permitting and Environmental Documentation
The City shall be the lead agency responsible for completing all environmental
documentation required by the State Environmental Policy Act (SEPA) or the National
Environmental Policy Act (NEPA) if federal funds are obtained. Both Sound Transit and
The City of Renton will sign the environmental documents. The City will be solely
responsible for obtaining all permits for the Project. The Project improvements that are
located within City of Renton right-of-way will be permitted in accordance with City of
Renton guidelines and regulations. Renton will establish the most expeditious strategy for
completing all necessary permits and approvals required for those Project elements located
within City of Renton right-of-way, subject to its land use and environmental requirements.
The Project improvements that are located within State right-of-way will be permitted in
accordance with State regulations and procedures in effect.
C.Real Estate Acquisition
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Renton will assume ownership or accept right-of-way dedication for all properties for the
Projects or will have ownership or the required rights conveyed to the City of Tukwila in the
case of Strander Boulevard. Renton will be responsible for identifying and acquiring the
parcels required for the Project. Sound Transit will provide staff review of surveys for
proposed real estate acquisitions, if requested by the City.
D. Utility Relocation
Renton exercises its municipal powers to the fullest extent to cause all utilities in the public
right-of-way to be relocated as necessary for the construction of Project improvements, and
Renton shall coordinate with Tukwila to cause relocation of utilities in the right-of-way
under Tukwila's jurisdiction as necessary for the construction of the Project improvements.
E. Construction Management
Renton will be responsible for the construction of all Project improvements with an
anticipated close out by second Quarter of 2011, however,the actual closeout date will be
determined as full funding becomes available and after subsequent agreements have been
executed.
The City's responsibilities for construction management include selection and execution of
construction contracts, construction contract administration, contractor payments, tracking
of day-to-day issues, change orders, request for information, claims/disputes, supplemental
agreements and correspondence. The City shall be responsible for fulfilling all federal grant
funding requirements when applicable.
F. Documents Provided to Sound Transit
The City will provide copies of the following environmental documents to Sound Transit
when issued
• All environmental project documents issued under NEPA or SEPA for the Projects
• All environmental documentation discipline reports, including (by way of example),
traffic reports and air and noise reports.
The City shall provide to Sound Transit the following during construction:
• Monthly status reports
• Earned value reports
• Periodic invoices to Sound Transit for transit-related element costs as provided in the
applicable funding agreement.
• Hard copy (and electronic, if available) Conformed set (for construction),
specifications (complete set) and estimates.
8. GENERAL TERMS
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The following general terms are applicable to this Agreement. These terms may also be included in
any subsequent agreements between the Parties.
8.1 Indemnification. To the extent permitted by law, the Parties to this Agreement shall
protect, defend, indemnify, and save harmless the other Party, and its officers, officials,
employees, and agents, while acting within the scope of their employment, from any and all
costs, claims, demands,judgments, damages, or liability of any kind including injuries to
persons or damages to property, which arise out of, or in any way result from, or are
connected to, or are due to any acts or omissions of the indemnifying Party. No Party shall
be required to indemnify, defend, or save harmless the other Party if the claim, suit, or
action for injuries, death, or damages is caused by the sole negligence of the Party seeking
indemnification. Where such claims, suits, or actions result from concurrent negligence of
the Parties, the indemnity provisions provided herein shall be valid and enforceable only to
the extent of the Party's own negligence. Each Party agrees that its obligations under this
indemnification section extend to any claim, demand, and/or cause of action brought by, or
on behalf of, any of its employees or agents. For this purpose, each Party, by mutual
negotiation, hereby waives, with respect to the other Party only, any immunity that would
otherwise be available against such claims under the industrial insurance provisions of Title
51 RCW. In the event of any claims, demands, actions and lawsuits, the indemnifying Party
upon prompt notice from the other Party shall assume all costs of defense thereof, including
legal fees incurred by the other parties, and of all resulting judgments that may be obtained
against the other Party. This indemnification shall survive the termination of this
Agreement.
8.2 Insurance. The City shall maintain insurance and self-insurance in amounts and type
customarily maintained by the City for the risks assumed under this Agreement. The City
shall further require its contractors and subcontractors to maintain insurance in amounts and
types suitable to protect both the City and Sound Transit from exposures presented by the
work performed under this Agreement. The City shall require its contractors and
subcontractors to name Sound Transit as an "additional insured" on insurance policies
required for the performance of the work under this Agreement, and require such insurers to
waive their right of subrogation against Sound Transit. If the City is self insured for the
work, it shall provide evidence of its self insurance program to Sound Transit's Risk
Manager.
8.3 Payment of Contributions. Sound Transit's funding contributions shall be made upon the
satisfactory completion of actual work performed as completed and described under this
Agreement or as specified in the Project scope of work. Sound Transit shall not transfer nor
be obligated to transfer any funds in advance of the completion of the milestone or portion
of the work or prior to the times specified in the scope of work.
8.4 Invoices. The City shall initiate the process for payment by preparing an invoice to Sound
Transit in accordance with the procedures in this Section. An authorized representative of
the City shall certify in writing that the milestone or portion of the work has been completed
in accordance with this Agreement and that the funding contribution is due pursuant to the
terms of the Agreement. If necessary, the City shall allow Sound Transit or its agents and
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representatives access to the work to conduct all necessary inspections to verify the stated
progress. The City shall offset the agreed compensation amounts for property interests
transferred under Section 5.2.3 of this Agreement against any amounts payable by Sound
Transit to the City under this Agreement.
All invoices,required reports, and documentation shall be submitted to: Sound Transit,
Accounts Payable. Invoices shall bear the name and address of the party's representative,
and reference this Agreement. Invoices shall be properly completed and accompanied with
the certification of completeness and other documentation as required by Sound Transit.
Sound Transit reserves the right to withhold payments pending timely delivery and proper
completion of the reports or documents as may be required under this Agreement.
8.5 Final Payment. Final payment will be made to the City upon construction of each project,
and upon final inspection and written acceptance by Sound Transit's authorized
representative. Following written acceptance,the City shall make available to Sound
Transit its records of actual expenditures to this Agreement. Any required adjustments shall
be reflected in the final invoice.
8.6 Reports and Documentation. The City shall furnish the certification of completeness as
specified above. In addition, Sound Transit may require other financial documents to verify
that the expenditures are related to the Project work funded by this Agreement, including,
but not limited to, (1)work statements or payroll records, (2) invoices for materials and
supplies, (3) statements from professionals for services rendered, (4) certification by the
City of materials and services satisfactorily rendered, and(5) an itemized listing of the
charges supported by copies of original bills, invoices, expense accounts, and miscellaneous
supporting data retained by the City. The City shall provide any plans, specifications,
accounting records or other documents needed to satisfy requests from federal funding
agencies for information to comply with Sound Transit's funding requirements.
8.7 Availability of Records. All Project records in support of all costs incurred and actual
expenditures kept by the City and its contractor shall be open to inspection by Sound Transit
or its federal funding agency during normal business hours, and shall be retained and made
available for such inspection for a period of not less than six (6) years from final payment of
funds under this Agreement to the City. Copies of said records shall be furnished to Sound
Transit and/or its federal funding agency upon request. This requirement shall be included
in all subcontracts related to the work entered into by the City to fulfill the terms of this
Agreement.
8.8 Audit. If an audit is requested by Sound Transit or its federal funding agency,the City shall
cooperate fully with the auditor chosen by Sound Transit or the federal funding agency. If
an audit is required,the City will provide documentation of all costs incurred on the Project.
In the event that Sound Transit has paid in excess of its final funding commitment under this
Agreement, the excess amount will be repaid to Sound Transit within thirty (30) days of the
conclusion of the audit.
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8.9 Contract Administration. To fulfill its respective responsibilities under this Agreement,
each Party shall be solely responsible for the administration of and the completion and
quality of work performed under any contracts executed by the Party. In no event shall any
contract executed by a Party be construed as obligating the other Party or Parties to this
Agreement. Any claims arising out of the separate contracts of each Party for work under
this Agreement are the sole responsibility of the Party executing and administering such
separate contracts. All contracts shall comply with all applicable public works and
procurement laws and regulations, including,but not limited to, applicable bonding,
prevailing wage,nondiscrimination,retainage, insurance, and workers compensation
requirements.
8.10 Dispute Resolution. The Parties will work collaboratively in accordance with the following
steps to resolve disagreements arising from activities performed under this Agreement.
Disagreements will be resolved promptly and at the lowest level of authority. The
Designated Representatives shall use their best efforts to resolve disputes and issues arising
out of or related to this Agreement. Each Designated Representative shall notify the other in
writing of any problem or dispute the Designated Representative believes needs formal
resolution. This written notice shall include: (1) a description of the issue to be resolved;
(2) a description of the difference between the Parties on the issue; and (3) a summary of
steps taken by Designated Representative to resolve the issue. The Designated
Representatives shall meet within three (3)business days of receiving the written notice and
attempt to resolve the dispute. In the event the Designated Representatives cannot resolve
the dispute (and that dispute is not subject to some other formal appeal process), the Sound
Transit Chief Executive Officer or his/her designee and the Mayor of Renton or her/his
designee shall meet within seven(7) business days of receiving notice from a Designated
Representative and engage in good faith negotiations to resolve the dispute.
The Parties agree that they shall have no right to seek relief under this Agreement in a court
of law until and unless each of these procedural steps is exhausted. If any applicable statute
of limitations will or may run during the time that may be required to exhaust the procedural
steps set forth above,the Parties agree to seek an order to suspend any proceeding filed in a
court of law while the procedural steps set forth above are satisfied.
9. TERMINATION FOR DEFAULT
Either Party may terminate this Agreement, in whole or in part, in writing, if the other Party
substantially fails to fulfill any or all of its obligations under this Agreement through no fault of the
other party,provided that insofar as practicable,the Party terminating the Agreement will give:
• Written notice of intent to terminate at least thirty (30) calendar days prior to the date of
termination stating the manner in which the other Party has failed to perform the obligations
under this Agreement; and
• An opportunity for the other Party to cure the default within at least thirty(30) calendar days
of notice of the intent to terminate. In such case,the Notice of Termination will state the
time period in which cure is permitted and any other appropriate conditions.
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If the other party fails to remedy the default or the breach to the satisfaction of the other Party
within the time period established in the Notice of Termination or any extension thereof, granted by
the Party not at fault,this Agreement shall be deemed terminated.
10. OWNERSHIP OF PROJECT IMPROVEMENTS.
Upon completion of the Project improvements, the City shall retain ownership of the Project
improvements, subject to the conditions of Section 11.
11. PRESERVING SOUND TRANSIT'S INVESTMENT
11.1 Transit Use. The final design and construction agreement will provide for the long-term
operation and maintenance of the Transit Elements by the City. Upon completion the
Transit Elements will be dedicated for transit use for the useful life of the improvements,
which is assumed to be forty(40) years. The final design and construction agreement will
provide a process for the City to consult with Sound Transit and obtain written approval
from Sound Transit prior to implementing any change to the operating characteristics of the
Transit Elements that would cause a change in the functional use of the improvements,
including a change in the use of the improvements from transit use to general purpose use.
A change in functional use means the transit improvement can no longer be used by Sound
Transit for the purpose for which it was designed, constructed and funded, including a
change from transit to general-purpose use.
11.2 Reimbursement. The final design and construction agreement will provide for
reimbursement of Sound Transit's funding contribution in the event that there is a change in
functional use of the improvements as follows: If Renton changes the functional use of any
of the transit improvements in a manner that substantially precludes the transit use of the
improvement by Sound Transit, Sound Transit shall be reimbursed the un-depreciated then-
remaining amount of its original contribution under this Agreement and any subsequent
funding agreements. That amount shall be determined using the straight-line method of
depreciation of the original funding contribution over the useful life of the transit
improvement; assuming, for this purpose, a forty(40) year useful life. The then-remaining
amount shall be determined at the time of the change in functional use, and reimbursement
shall be due at that time and payable within thirty (30) days. Sound Transit may agree to
waive this reimbursement requirement.
12. GENERAL LEGAL PROVISIONS
12.1 Governing Law and Venue. This Agreement shall be governed by the laws of the State of
Washington. Any action arising out of this Agreement shall be brought in King County
Superior Court.
12.2 No Employment Relationship Created. The Parties agree that nothing in this Agreement
shall be construed to create an employment relationship between the City and any employee,
agent, representative or contractor of Sound Transit.
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12.3 No Agency. No separate entity is created by this Agreement. No joint venture or
partnership is formed as a result of this Agreement. No employees, agents or subcontractors
of one party shall be deemed, or represent themselves to be, employees of the other party.
12.4 No Third Party Rights. It is understood and agreed that this Agreement is solely for the
benefit of the Parties hereto and gives no right to any other party. Nothing in this
Agreement, whether express or implied, is intended to confer any rights or remedies under
or by reason of this Agreement on any persons other than the Parties.
12.5 Severability. If any of the terms and conditions of this Agreement are determined to be
invalid or unenforceable by a court of competent jurisdiction, the remaining terms and
conditions unaffected thereby shall remain in full force and effect.
12.6 Designated Representatives. The designated representatives for the City of Renton shall
be the City's Planning/Building/Public Works Administrator. The City of Renton's
Transportation Design Supervisor shall also be a designated representative. The Sound
Transit designated representative shall be the Sound Transit Capital Projects Director.
12.7 Notices. All notices to be provided under this Agreement shall be in writing and shall be
hand-delivered or sent by US Mail, and shall be deemed received upon delivery or, in the
case of notice sent by mail, five (5)business days after deposit in the US Mail.
Notices to the City shall be sent to the following address:
City of Renton
c/o Transportation Systems Division
1055 South Grady Way
5`h Floor—Renton City Hall
Renton, WA 98055
Notices to Sound Transit shall be sent to the following address:
Sound Transit
c/o Capital Project Department
401 S. Jackson
Seattle, WA 98104
12.8 Entire Agreement. This Agreement, including its Recitals and Exhibits, embodies the
Parties entire Agreement on the matters covered by it, except as supplemented by
subsequent amendments to this Agreement. All prior negotiations and draft written
agreements are merged into and superseded by this Agreement.
12.9 Execution of Agreement. This Agreement shall be executed in two (2) counterparts, any
one of which shall be regarded for all purposes as one original.
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IN WITNESS WHEREOF,the Parties hereto hereby agree to the terms and
conditions of this Agreement as of the date first written above.
For the City of Renton: or Iund Trans
'''K/ ee-dike‘___--By: Kath eolker By: Joni Earl
(f12)
Title: Mayor Title: Executive Officer
Approved as to Form: Approved as to Form:
77, PriTrAiff By BegN,gan
itle: Renton Les'Counsel Title: SoundTransit Legal Counsel
Attest:
By: Bonnie I. Walton
Title: Renton City Clerk
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