HomeMy WebLinkAboutContractLETTER OF UNDERSTANDING (“LOU”)
between
THE CITY OF RENTON and THE FLATIRON-LANE JOINT VENTURE
regarding the GATEWAY ENHANCEMENT PROJECT
WHEREAS:
A.The City of Renton (“City”) received a grant of $200,000 to work with the City’s ArtsCommission to create an enhanced gateway for the City (“Gateway Enhancement Project”).The precise features of the Gateway Enhancement Project are still being developed.
B.The costs intended to be addressed by such grant were based on the preliminary design for the I-405 Renton to Bellevue Project (“Project”) prepared by or on behalf of Washington StateDepartment of Transportation (“WSDOT”), which preliminary design showed 44th Avenuegoing over the I-405 mainline.
C.WSDOT engaged the Flatiron-Lane Joint Venture (“FLJV”) as the Design-Builder for theProject.
D.The FLJV proposes to change the design for the Project such that 44th Avenue goes under the I-405 mainline (the “Design-Builder Initiated Change Order” or “DBIC”).
E.Implementing the DBIC would prevent the City from executing its original vision and achievingits original design objectives for the Gateway Enhancement Project (the “Vison and DesignImpact”).
F.The FLJV have agreed to compensate the City for the Vision and Design Impact, as set forth inthis LOU.
The FLJV and the City wish to implement the following understanding with regard to the Gateway Enhancement Project:
1. The FLJV’s obligations in this LOU shall not arise unless and until WSDOT approves theDBIC, and it is determined that the DBIC will be implemented.
2.The FLJV shall pay to the City the all-inclusive amount of $200,000 (the “Payment”), on theearlier of the following dates:
a.December 31, 2021; or
b. Within 60 days of the FLJV providing written notice to the City that the FLJV hasobtained all approval, authorization, certification, consent, exemption, filing, lease,license, permit, registration, or ruling, required by or with any governmental body inorder to perform the work required to implement the DBIC.
3.The Payment shall be in full and final satisfaction of any and all rights, claims, demands anddamages of any kind, that the City may have, resulting from or related to damages, actionsand/or claims arising from or in relation to the Vision and Design Impact.
4.The FLJV shall have no responsibility for performance of the work required for the GatewayEnhancement Project.
5. This LOU may be signed in counterparts.
This LOU is effective as the last date signed on the
following page.
CAG-21-205
Letter of Understanding
Gateway Enhancement Project
Page | 2
Signed:
The Flatiron Lane Joint Venture The City of Renton
by its authorized representative/s:
By:
Armondo Pavone, Mayor
Name: David Horn __________
Title: Project Executive
Date: 1/27/21 _ Date:
Attest
_____________________________
Jason A. Seth
City Clerk
Approved as to Legal Form
By: __________________________
Shane Moloney
City Attorney
Approved by Cheryl Beyer via 7/2/2021 email
8/20/2021