HomeMy WebLinkAboutAdden 3 CAG-06-069, Adden#3-09
THIRD AMENDMENT TO AN AGREEMENT
BETWEEN THE
CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY
AND THE CITY OF RENTON
THIS Third Amendment is made this c day ofJ i , 2009 to the Interlocal
Cooperative Agreement between the Central Puget Sound Regional Transit Authority
(hereinafter referred to as "Sound Transit") and the City of Renton, a municipal corporation
("Renton" or"City"), dated May 3, 2006.
RECITALS
WHEREAS, the City and Sound Transit entered into an Interlocal Cooperative
Agreement on May 3, 2006 (the "2006 Agreement") to outline the scope, schedule and budget
for the Strander Boulevard/SW 27th Street Extension, West Valley Highway to Oakesdale Ave
S.W., and Rainier Avenue Arterial Improvements Projects; and
WHEREAS, the Parties amended the scope of the Rainier Avenue Arterial
Improvements Project resulting in the First Amendment to an Agreement Between the Central
Puget Sound Regional Transit Authority and the City of Renton (the "First Amendment to the
2006 Agreement"), without increasing Sound Transit's financial contribution as provided in
the 2006 Agreement; and
WHEREAS, the Rainier Avenue Arterial Improvement Project will construct north-
and south-bound business access and transit(BAT) lanes on Rainier Avenue South that will
improve express bus service; and
WHEREAS, future construction of the BAT lanes on Rainier Avenue South are
contingent upon the rebuilding and lengthening of the BNSF Rainier Avenue South Railroad
Overpass, which BNSF has rebuilt and lengthened; and
WHEREAS, the Parties agreed to the use of grant funds to include reimbursement for
the final configuration of the Rainier Avenue South Railroad Overpass resulting in the Second
Amendment to an Agreement Between the Central Puget Sound Regional Transit Authority
and the City of Renton (the "Second Amendment to the 2006 Agreement"), without increasing
Sound Transit's financial contribution as provided in the 2006 Agreement; and
WHEREAS, the Parties have received and are currently reviewing the Preliminary
Engineering and Environmental Documentation (PE/ED) for the Rainier Avenue Arterial
Improvements Project and desire to immediately proceed to the Final Design and Right-Of-
Way Acquisition phase of the project to avoid any delay in the project schedule; and
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WHEREAS, the scope of work for the Rainier Avenue Arterial Improvement Project is
specified in Section 2.0 of the First Amendment to the 2006 Agreement; and
WHEREAS, the responsibilities of the Parties for the Final Design and Right-Of-Way
Acquisition Phases are specified in Sections 6.0 and-.7.0 of the 2006 Agreement;
NOW THEREFORE, for and in consideration of the mutual covenants contained herein
the City and Sound Transit do hereby agree to amend the 2006 Agreement as follows.
1.0 PURPOSE
The purpose of this Third Amendment is to amend the 2006 Agreement and describe the
commitments of the Parties relative to the Final Design and Right-Of-Way Acquisition phases of
the Rainier Avenue Arterial Improvements Project. These phases are proceeding concurrently.
2.0 FUNDING OBLIGATIONS
2.1 As provided in the 2006 Agreement, and which will remain unchanged by this
third amendment, Fourteen Million Nine Hundred Thousand dollars
($14,900,000) will be the maximum amount of the Sound Transit funding
contributions to the City for completion of the Rainier Avenue Arterial
Improvements Project. As more fully set forth in the 2006 Agreement, Two
Million Five Hundred Thousand Dollars ($2,500,000) of that amount is for
completion of the Preliminary Engineering and Environmental Documentation for
the Transit Elements, and the remaining Twelve Million Four Hundred Thousand
Dollars ($12,400,000) is for Final Design, Right-Of-Way Acquisition and
Construction of the Transit Elements.
2.2 Pursuant to the Second Amendment to the 2006 Agreement, Sound Transit paid
the City the amount of Two Million Five Hundred Thousand Dollars ($2,500,000)
for the Rainier Avenue Arterial Railroad Overpass Improvement Sub-Project. The
amount provided pursuant to the Second Amendment is considered part of the
Twelve Million Four Hundred Thousand Dollars ($12,400,000) for Final Design,
Right-Of-Way Acquisition and Construction of the Transit Elements.
2.3 Pursuant to this Third Amendment, Sound Transit will pay to the City the amount
of Four Million Five Hundred Thousand Dollars ($4,500,000) for the Final
Design and Right-Of-Way Acquisition phase of the Rainier Avenue Arterial
Improvement Project. Until the $4,500,000 limit for Final Design and Right-Of-
Way Acquisition is reached, Sound Transit will reimburse to the City 70% of the
actual costs invoiced to and paid by the City to the City's consultants, contractors,
or property owners for such Final Design and Right-Of-Way Acquisition services.
Sound Transit will reimburse such amounts within thirty (30) days of receipt of
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the City's proof of payment and supporting documentation. By way of example,
if the City is invoiced for $100,000 and pays the consultant $100,000, then within
thirty days of the City's submission of proof of payment and supporting
documentation, Sound Transit will reimburse the City $70,000.
2.4 The remaining Five Million Four Hundred Thousand Dollars ($5,400,000) is for
Construction of the Transit Elements, and it will be provided pursuant to a
separate agreement for Construction that will incorporate terms and conditions
consistent with the 2006 Agreement and all applicable amendments thereto and
other terms appropriate for this phase of work.
2.5 All remaining funding for the Rainier Avenue Arterial Improvement Project,
including the Preliminary Engineering and Environmental Documentation, and
Final Design, Right-Of-Way Acquisition, and Construction of this project will be
provided by the City through City funds or other funding obtained by the City. If
the actual cost of the Rainier Avenue Arterial Improvements Project exceeds the
City's estimates for the project, Sound Transit will not be obligated to increase its
contribution under the 2006 Agreement or this or any prior amendment to the
2006 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, but in no event shall the City reduce the scope of the
Transit Elements, unless written approval is received from Sound Transit.
3.0 Schedule
3.1 In the event that the City for any reason does not achieve substantial completion
of all of the Transit Elements of the Rainier Avenue Arterial Improvements
Project by April 1, 2012, the City shall within thirty (30) days of written request
by Sound Transit, reimburse to Sound Transit all amounts paid under this Third
Amendment by Sound Transit to the City for right of way acquisition, plus
interest. Interest shall be calculated from the date Sound Transit provided the
funds to the City until the date such funds are returned to Sound Transit. Interest
will be calculated at a rate of six percent(6%) per annum.
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4.0 EFFECT OF THIRD AMENDMENT
Unless expressly revised by this Third Amendment, all other terms and conditions of the 2006
Agreement, as amended by the First and Second Amendments to the 2006 Agreement shall
remain in effect and unchanged by this Third Amendment.
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: For Sound Transit:
L ik . -/
41110; -in Sti,
By: Denis Law By: Jo. ► . Earl
Title: Mayor Title: : -'utive Officer
Appr► as to F :� Approved as • F. �/
By: Lawrence J. Warren /• i- e- - y
Title: Renton Legal Counsel e: o - . Transit Legal Counsel
Attest:
'31) 1 ' Yie
By: Jason A. Seth
Title: Deputy City Clerk
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