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HomeMy WebLinkAboutContract `V CAG-11-027 AGREEMENT BETWEEN THE CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY AND THE CITY OF RENTON THIS Agreement is made this day of 2011 between the Central Puget Sound Regional Transit Authority(hereinafter re erred to as"SOUND TRANSIT"or "ST')and the City of Renton,a municipal corporation("Renton"or"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 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 have committed to work together in partnership since 2005 toward successful completion of the Tukwila Sounder Station project and certain City street improvement projects as evidenced by letters,an interlocal cooperative agreement and three amendments to that agreement;and WHEREAS,the City,in partnership with Sound Transit,has been moving forward with its Strander Boulevard street project,however,the City and Union Pacific Railroad("UP")were unable to reach agreement for the relocation of the UP track to the east alongside Burlington Northern Santa Fe("BNSF")tracks which would have allowed Strander Boulevard to cross over the combined tracks,and therefore the City has altered the design to include undercrossing of the railroads and will provide direct access from Strander Boulevard to the Tukwila Sounder Station; and WHEREAS,the Rainier Avenue project will provide Sound Transit and King County Metro express bus service to improve travel times through the heavily congested Rainier Avenue and achieve a significant time saving in both the northbound and southbound directions;and. WHEREAS,the City will serve as the lead agency for environmental review,design and construction of the two street improvement projects described in this Agreement including that portion of the Strander Blvd Project located within the City of Tukwila;and 1 WHEREAS,the transit and general purpose improvements in both of the City's street improvement projects are supported by the Renton City Council and endorsed by Sound Transit; and WHEREAS, Sound Transit previously committed to provide funding for the two City street projects described in this Agreement and hereby reaffirms its commitment to provide funding as described in this Agreement which is intended to replace all prior agreements; and NOW THEREFORE, in consideration of the above premises,the parties wish to enter into this Agreement to provide for funding for the right-of-way acquisition, final design and construction of the Projects described herein. 1. PURPOSE This Agreement will provide for the funding of right-of-way acquisition, final design and construction of the Transit Elements described in this Agreement that will be constructed by the City in connection with the following City street improvement projects: a. Strander Boulevard/SW 27th Street Extension: West Valley Highway to Oakesdale Ave. S.W Project, (hereafter"Strander Blvd Project"or"City Project"), and b. Rainier Avenue Arterial Improvements Project("Rainier Avenue Project"or"City Project"). 2. COOPERATION AND GOOD FAITH EFFORTS 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. 3. GENERAL FUNDING APPROACH 3.1 Sound Transit Funding Commitment. 3.1.1 Strander Boulevard Project. Sound Transit shall reimburse the City a maximum, not to exceed amount, of Four Million Dollars($4,000,000) for the Strander Blvd Project, PROVIDED,however,that this amount shall be reduced by the value of that portion of Sound Transit's real property which will be conveyed to the City of Tukwila for the Strander Blvd Project as described in Section 4.4 of this Agreement. 3.1.2 Rainier Avenue Project. Sound Transit shall reimburse the City a maximum not to exceed amount of Fourteen Million Nine Hundred Thousand Dollars ($14,900,000) for the Rainier Avenue Project. 3.1.3 Tukwila Sounder Station. During development of the Strander Blvd Project,the Parties may determine that certain elements of the Strander Blvd Project have 2 mutual benefit to the Tukwila Sounder Station project. Upon mutual agreement of cost sharing between the City and Sound Transit in an amendment to this Agreement or subsequent separate agreement,these elements will be constructed by the City with funding contributions from Sound Transit. 3.1.4 Funding Schedule. Sound Transit's payments to the City for the Strander Blvd and Rainier Avenue Projects shall be made as described in Section 7.3 of this Agreement and consistent with the funding schedule attached and incorporated herein as Exhibit"A." 3.2 City Funding Commitment. The City shall be responsible for all remaining costs for the two City Projects over and above Sound Transit's contributions to the City Projects. 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 City 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 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: 3.3.1 Sound Transit acknowledges that the City is proceeding with final design, environmental review, permitting, and right-of-way acquisition for both City Projects and is committed to participate in funding those elements of the City Projects as described in this Agreement. 3.3.2 Sound Transit will not be obligated to make its funding commitments under this Agreement'if the City substantially changes the Transit Elements described in Section 4.3 of this Agreement without Sound Transit's prior written consent. 3.3.3 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 for the City Projects,unless additional,mutually agreeable,transit-supportive capital improvements are identified. 3.3.4 Termination of Funding Commitments. Sound Transit recognizes that the City has made good faith efforts to secure funding for the permitting, environmental documentation, design and construction of the City Projects, and that a significant amount of City funds has been expended to date. City funds, Sound Transit funds, and various grant funds have been used to develop the City Projects to the current point of approximately 60% design completion. In the event that a City Project does not advance beyond design to construction for any reason, Sound Transit's future funding commitments under this Agreement for that City Project shall terminate. 4. SCOPE AND SCHEDULE 4.1. Scope. 3 4.1.1 Strander Boulevard Project: General Project Scope Description. The Strander Boulevard 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 multiple 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, an embankment to be incorporated into the Tukwila Station Project, and a direct access connection from Strander Boulevard to the Tukwila Sounder Station parking lot. 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 Tukwila Sounder Station. It is anticipated that, due to the overall cost of the Project,that construction will be phased over several years as follows: Phase 1 (completed in 2006)—New roadway from Oakesdale Avenue to Naches Avenue. Phase 2 (current phase covered by this Agreement)—Construction of the BNSF undercrossing and a two lane roadway from Naches Avenue to the Tukwila Sounder Station,to include a connection at the southwest corner of Tukwila Sounder Station for vehicles. Phase 3 (future phase dependent upon additional funding)—Construction of the UPRR undercrossing and completion of the multiple lane roadway from Naches Avenue to West Valley Highway,to include relocated connections at the southeast corner of Tukwila Sounder Station for vehicles, bicycles, and pedestrians. This phase may be further staged as funding becomes available. 4.1.2 Rainier Avenue Project: General Project Scope,Description. The Rainier Avenue Project is located within the Renton City limits on Rainier Avenue South from the intersection of South 2nd Street to the vicinity of the intersection of South Grady Way. The Project will include the design and construction of north and southbound business access and transit("BAT") lanes on Rainier Avenue South that will allow Sound Transit and King County Metro express bus service to reduce travel time through the heavily congested Rainier Avenue corridor. Sidewalks and planting strips all along Rainier Avenue South will also need to be rebuilt for non-motorized travel. Rainier Avenue South will receive 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 concrete pavement at the approaches to key intersections and pedestrian crossings. 4.2 Renton's Responsibility. As lead agency, Renton will be responsible for completion of all aspects of the two City Projects described herein, including,but not limited to, environmental documentation, final design, permitting, and construction, and will 4 I wi IJ supply the additional funding for all remaining costs of the final design and construction associated with the City Projects. 4.3 Transit Elements. 4.3.1 Strander Boulevard Project—Transit Elements. The City will incorporate the following transit improvements(hereinafter"Transit Elements") into its final design and environmental documentation of the Strander Boulevard Project: Phase 2 a. Construction of temporary direct access from Strander Boulevard into Tukwila Sounder Station for busses and other vehicular traffic. b. Construction of frontage improvements along Strander Boulevard, including facilities for pedestrians and bicycles. The cost of these frontage improvements includes all work required for construction of Strander Boulevard along the Tukwila Sounder Station frontage, and is not limited to the cost of the roadway. C. Construction of an embankment that may serve both the Strander Blvd Project and the Tukwila Sounder Station project. d. Construction of a new BNSF railroad bridge along the SW 27th Street alignment that will include foundations for the new BNSF third and proposed fourth rail bridges. e. Provision of environmental mitigation that will serve both the Strander Project and the Tukwila Sounder Station Project. Phase 3 a. Queue jump improvements at the intersections of SW 27th Street and the Boeing access road; SW 27th Street and Oakesdale Avenue SE; and SW 27th Street and Lind Avenue SW,to be installed when warranted. b. Construction of permanent direct access from Strander Boulevard into Tukwila Sounder Station for pedestrians, bicycles, busses and other vehicular traffic. 4.3.2 Rainier Avenue Project—Transit Elements. The City will incorporate the following Transit Elements into the Rainier Avenue Project: a. A northbound and a southbound business access and transit(BAT) lane on Rainier Avenue South. b. Upgraded bus stops and improved rider access to the existing bus stops. 4.4 Transfer of Sound Transit Property. Upon completion of the Strander Blvd Project Phase 2, Sound Transit will convey to the City of Tukwila approximately 12,586 square feet of real property currently owned by Sound Transit, as right-of-way for the Strander Blvd Project. The Parties agree that the value of the subject property is$18 (Eighteen Dollars) a square foot and that total amount of Sound Transit's funding 5 I 40� contribution to the City of Renton for the Strander Blvd Project shall be reduced by the value of the actual square foot amount of real property conveyed to the City of Tukwila multiplied by this agreed upon square footage cost. Sound Transit will provide the City of Renton with a license for use of the subject real property during construction of the Strander Blvd Project. 5. SOUND TRANSIT PROJECT PARTICIPATION 5.1 Review—Final Design. Renton will provide to Sound Transit the Final Design (60%, 90%, and 100%plans) as well as the Invitation to Bid documents for the City Projects for review and comments. Within two weeks of receipt of the plans, Sound Transit will review and submit to the City its comments in 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. 6. CITY OF RENTON RESPONSIBILITIES FOR COMPLETION OF CITY PROJECTS 6.1 Final Design and Construction Phases. The City will proceed with the final design, right-of-way acquisition, and construction phase for the City Projects. The City's anticipated responsibilities for completion of the remaining phases of the City Projects are as described below. A. Final Design Phase. Upon execution of this Agreement,the City will commence the following activities: a. Complete final design. b. Respond to Sound Transit's plan review comments within six weeks of receipt by the City. C. 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. d. Process the monthly progress payments by the Consultant. e. Provide monthly invoices to Sound Transit per Exhibit A. f. Provide monthly status reports to Sound Transit. g. Provide day-to-day management of the bidding phase including collection, distribution and responses to request for information, bid openings and bid evaluations. 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). The City will be solely responsible for obtaining all permits for the City Projects. The City Project improvements that are located within the City of Renton right-of-way will be permitted in accordance with City of Renton guidelines 6 and regulations. The City of Renton will establish the most expeditious strategy for completing all necessary permits and approvals required for those City Project elements located with City of Renton right-of-way, subject to its land use and environmental requirements. The City Project improvements that are located within the City of Tukwila will be permitted in accordance with City of Tukwila procedures in effect. C. Real Estate Acquisition. It is anticipated by the Parties,that the City will assume ownership or accept right-of-way dedication for all properties for the City Project except for that portion of Sound Transit real property conveyed to the City of Tukwila for the Strander Boulevard Project as described in Section 4.1.1 above. The City will be responsible for identifying and acquiring the parcels required for the City Projects. Sound Transit will provide staff review of surveys for proposed real estate acquisitions, if requested by the City. D. Utility Relocation. The City will exercise 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 City Projects, and the City shall coordinate with the City of Tukwila to cause relocation of utilities in the right-of- way under the City of Tukwila's jurisdiction as necessary for the construction of the City Projects. E. Documents Provided to Other Party. a. The City will provide to Sound Transit copies of all environmental project documents issued under NEPA or SEPA for the City Projects. The City shall provide to Sound Transit the following during construction of the City Projects: a. Monthly status reports b. Periodic invoices to Sound Transit for project costs as provided in the applicable funding agreement. C. Hard copy(and electronic, if available) Conformed set(for construction), specifications(complete set) and estimates. F. Ownership of Improvements. All improvements constructed within public right of way will remain in the ownership of the city with jurisdiction over the public right of way. 7. GENERAL TERMS The following general terms are applicable to this Agreement. These terms may also be included in any subsequent agreements between the Parties. 7 7.1 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. 7.2 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. 7.3 Invoices and Payment. Sound Transit shall pay the City within thirty(30)calendar days of receipt of properly submitted invoice consistent with the schedule outlined in Exhibit"A." The City shall submit all invoices and supporting documentation necessary to verify the actual costs it incurred in completing its responsibilities under this Agreement to: Sound Transit,Accounts Payable,401 South Jackson, Seattle, Washington 98104-2826. Invoices shall bear the name and address of the party's Designated Representative, and reference this Agreement. 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. 7.4 Final Payment. Sound Transit shall make a Final Payment to the City upon substantial completion of construction of each City Project, and upon final inspection and written acceptance by Sound Transit's authorized representative. 7.5 Reports and Documentation. Sound Transit may require the City to submit other financial documents to verify that the expenditures are related to the City Project work 8 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. 7.6 Availability of Records. All Project records in support of all costs incurred and actual expenditures kept by the City and its contractors 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. 7.7 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. 7.8 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. 7.9 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 9 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. 8. 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 provide: a. 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 b. 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. 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. Notwithstanding the above,the City reserves the right, at its sole discretion,to terminate the construction of the City Projects due to financial or environmental issues. 9. OWNERSHIP OF PROJECT IMPROVEMENTS Upon completion of the Project improvements,the City shall retain ownership of the Project improvements in the public right-of-way, except for that portion of the Strander Blvd Project located within the City of Tukwila public right-of-way, subject to the conditions of Section 10. 10. PRESERVING SOUND TRANSIT'S INVESTMENT 10.1 Transit Use. 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 City will consult with Sound Transit and obtain written approval from Sound Transit prior to implementing any change to the operating characteristics of the Transit Elements within the City of Renton city limits 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 10 used by Sound Transit for the purpose for which it was designed, constructed and funded, including a change from transit to general-purpose use. 10.2 Reimbursement. In the event that there is a change in the functional use of any of the Transit Elements in a manner that substantially precludes the transit use of the improvement by Sound Transit, Sound Transit shall be reimbursed the undepreciated 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. None of the costs and expense associated with the original design, surveys,or preparation of environmental documentation of the Transit Elements shall be included in any reimbursement. 11. GENERAL LEGAL PROVISIONS 11.1 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. 11.2 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. 11.3 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. 11.4 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. 11.5 Severability. If any of the terms and conditions of this Agreement is 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. 11.6 Designated Representatives. The designated representatives for the City of Renton shall be the City's 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 Executive Director of Design Engineering and Construction Management and the Project Director. 11.7 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. 11 Notices to the City shall be sent to the following address: City of Renton clo 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%Design Engineering& Construction Management 401 S. Jackson Seattle, WA 98104 11.8 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, letters, and written agreements and amendments thereto are superseded by this Agreement.This Agreement may be amended only by a written instrument executed by each of the Parties hereto. 11.9 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. 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 Ci o Renton: or ound Transit: t77~I F By: Denis Law oan M. arl Title: Mayor Title: Chief Executive Officer App ved as to Form: Approved as to Form: By: Lawrence J . Warren B ephen G. ehy Title: Renton Legal Counsel Title: Sound Transit Legal Counsel Attest: By: Bonnie L Walton Title: Renton City Clerk 12 er u r.t tau Y" Exhibit A Project Development & Funding Schedule Strander Boulevard Phase 2 Schedule Final Design July 2010-May 2011 Construction April 2011-September 2012 Fundin¢ Design activities, monthly billing,not to exceed $1,000,000 Construction 30%complete $1,000,000 Construction 60%complete $1,000,000 Construction substantially complete 1 000 000 TOTAL Strander Boulevard Phase 2 Funding $4,000,000 Rainier Avenue Arterial Improvements Final Design, Environmental and Right of Way May 2006-May 2011 Construction June 2011-March 2013 Fundiniz Design activities, monthly billing, not to exceed $7,000,000 Construction Rainier Avenue Railroad overpass $2,500,000 Street Construction 30%complete $ 1,425,000 Street Construction 60%complete $2,550,000 Street Construction substantially complete 1 425 000 TOTAL Rainier Arterial Improvements Funding $14,900,000 13