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CAG-01-155 Adden #1-07 •
1 SUPPLEMENT NO. 1
2 GCA-2798
3 SR 169 MAPLE VALLEY HOV/QUEUE JUMP
4
5 For the DESIGN of the MAPLE VALLEY(SR 169)IMPROVEMENTS
6 PHASE 2
7
8
9 This SUPPLEMENT NO. 1 is made and entered into by the CITY OF RENTON,
10 hereinafter referred to as the "CITY," and the STATE OF WASHINGTON, DEPARTMENT OF
11 TRANSPORTATION, hereinafter referred to as the"STATE," collectively referred to as the
12 "PARTIES" and individually referred to as "PARTY."
13
14 WHEREAS, the STATE and the CITY entered into Agreement GCA-2798, dated
15 September 19, 2001, hereinafter referred to as the "AGREEMENT," for developing preliminary
16 engineering and environmental documentation for a project entitled "SR 169 Maple Valley
17 Highway HOV/Queue Jump, hereinafter referred to as the "PROJECT"; and
18
19 WHEREAS, the CITY has developed the Maple Valley(SR 169) Improvements: Phase 2
20 along SR 169 within the CITY as one of the components of the PROJECT,hereinafter referred
21 to as the"SR 169 PROJECT"; and
22
23 WHEREAS, the CITY has coordinated with the STATE for the design of the SR 169
24 PROJECT; and
25
26 WHEREAS, the SR 169 PROJECT, when built in its entirety, will help provide
27 congestion relief to both SR 169 and 1-405 as well as to the I-405/I-5 to SR 169 Stage 2-
28 Widening and SR 515 Interchange project by providing more efficient, safe access from I-405 to
29 SR 169; and
30
31 WHEREAS, the STATE, in the interest of providing additional congestion relief on I-405
32 and efficient operation of the I-405/I-5 to SR 169 Stage 2-Widening and SR 515 Interchange
33 project by reducing traffic congestion backing up onto I-405 from SR 169,proposes a design to
34 construct an additional element along SR 169, hereinafter referred to as the "IMPROVEMENT";
35 and
36
37 WHEREAS, the IMPROVEMENT will be incorporated into the SR 169 PROJECT to
38 create a modified project, hereinafter referred to as the"MODIFIED PROJECT"; and .
39.
40 WHEREAS, under certain conditions identified herein, the STATE is willing to provide
41 funding for the costs directly associated with constructing the IMPROVEMENTS; and
42
43 WHEREAS, the CITY is willing to consent to the design, right-of-way acquisition, and
44 construction funding of said MODIFIED PROJECT upon the terms and conditions herein stated;
45 and
46
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SUPPLEMENT NO. 1
47 WHEREAS, under the terms of the AGREEMENT, the PARTIES acknowledge that a
48 supplemental agreement will follow to document the terms and conditions for the construction
49 administration of the MODIFIED PROJECT by the STATE; and
50
51 WHEREAS, the PARTIES acknowledge that cooperation between the PARTIES during
52 design, right-of-way purchase, and construction administration of the MODIFIED PROJECT
53 will benefit both PARTIES;
54
55 NOW, THEREFORE, by virtue of Revised Code of Washington (RCW) 47.28.140 and in
56 consideration of the terms, conditions, covenants, and performances contained herein, or
57 attached and incorporated and made a part hereof, it is mutually agreed as follows:
58
59
60 Section I of the AGREEMENT is supplemented with the following:
61
62 1.1 Background and Understanding
63
64 1.1.1 The CITY has developed the SR 169 PROJECT along SR 169 within the CITY's
65 corporate limits, as depicted in Exhibit E, attached hereto and incorporated herein and
66 by this reference made a part hereof.
67
68 1.1.2 The STATE will fund 100 percent of the design and construction for the
69 IMPROVEMENT.
70
71 1.1.3 The IMPROVEMENT is to be included in the SR 169 PROJECT to create the
72 MODIFIED PROJECT, as depicted in Exhibit D, attached hereto and incorporated
73 herein and by this reference made a part hereof.
74
75 1.1.4 This SUPPLEMENT NO. 1 defines CITY and STATE responsibilities for design,
76 right-of-way, and construction funding responsibilities for the MODIFIED
77 PROJECT.
78
79 1.1.5 This SUPPLEMENT NO. 1 will be followed by a separate agreement for roles and
80 responsibilities of construction administration f
0 o the MODIFIED PROJECT.
OJECT.
81
82 1.1.6 The STATE's costs of the IMPROVEMENT are limited to the additional design,
83 right-of-way, and construction elements, such as pavement, earthwork, and traffic
84 signal, directly associated with the IMPROVEMENT.
85
86
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87 1.1.7 This SUPPLEMENT NO. 1 is effective upon execution by both PARTIES and will
88 remain in effect through completion of the MODIFIED PROJECT, unless terminated,
89 amended, or modified per Section VIII.
90
91
92 1.2 Roles
93
94 1.2.1 The PARTIES recognize the importance of timeliness in reviews and the mutual
95 benefit provided in shortening plan and proposal review times.
96
97 1.2.2 The PARTIES agree to fund and be fully responsible for their own costs and time
98 associated with design and right-of-way, as is necessary to fulfill their roles and
99 responsibilities identified in this SUPPLEMENT NO. 1.
100
101 1.2.3 If any future changes are identified that are not incorporated into the MODIFIED
102 PROJECT design plans, the PARTIES agree to meet in a cooperative spirit to review
103 and discuss any proposed change(s) to the MODIFIED PROJECT.
104
105 1.2.4 The STATE agrees to assist in expediting STATE review and approval of all required
106 submittals by the CITY. The CITY will ensure the design consultant, hereinafter
107 referred to as the"CONSULTANT," will be responsible for making all submittals
108 directly to both the STATE and the CITY for review.
109
110 1.3 Design Responsibilities
111
112 1.3.1 The CITY has developed and funded design plans for the SR 169 PROJECT within
113 the corporate CITY limits, from generally, 1-405 to east of the entrance to the CITY's
114 Cedar River Park, hereinafter referred to as the"PARK."
115
116 1.3.2 The STATE has requested that the IMPROVEMENT be incorporated into the SR 169
117 PROJECT design, and the CITY has agreed.
118
119 1.3.3 The IMPROVEMENT is an extension of a southbound lane along SR 169 adjacent to
120 the PARK with related elements, such as additional pavement, earthwork, right-of-
121 way acquisition, and traffic signal modification.
122
123 1.3.4 The STATE, through coordination with the CITY, has entered into a separate
124 agreement with the CONSULTANT to modify the SR 169 PROJECT design plans to
125 include the IMPROVEMENT thereby producing the MODIFIED PROJECT.
126
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127 1.4 Right-of-Way Responsibilities
128
129 1.4.1 Right-of-way required for the SR 169 PROJECT is funded by the CITY and right-of-
130 way required for the IMPROVEMENT is funded by the STATE. The additional
131 right-of-way costs the STATE is responsible for will be the difference in fee
132 acquisition and easement areas between the SR 169 PROJECT and the MODIFIED
133 PROJECT multiplied by the unit costs of each derived from the accepted offer.
134
135 1.4.2 The STATE,through coordination with the CITY, has entered into a separate
136 agreement with the CITY's appraiser to assess the value of right-of-way purchases of
137 the MODIFIED PROJECT.
138
139 1.5 IMPROVEMENT Construction Funding Responsibilities
140
141 1.5.1 The STATE will fund the actual costs associated with constructing the
142 IMPROVEMENT. The PARTIES will enter into a separate agreement whereby the
143 STATE will fund the IMPROVEMENT.
144
145 1.5.2 The additional costs for IMPROVEMENT construction elements quantified by unit
146 increments (such as ACRE, CY,DAY, EA, HUND, and LF)will be based upon the
147 additional quantities to construct the IMPROVEMENT and actual total costs.
148
149 1.5.2.1 Costs for lump sum items directly related to constructing the IMPROVEMENT
150 will be prorated using the percentages provided in the table below:
151
Item CITY STATE
Mobilization LS 95% 5%
Clearing and Grubbing LS 100% 0%
Removal of Structure and Obstructions LS 100% 0%
Roadway Surveying LS 95% 5%
Traffic Control LS 95% 5%
Spill Prevention Control and Countermeasures Plan LS 95% 5%
Finish and Cleanup LS 95% 5%
East Storm Vault LS 75% 25%
East Manhole Storm Filter LS 75% 25%
Illumination System#1 LS 80% 20%
Illumination System 94 LS 95% 5%
Traffic Signal Modifications—Cedar River Park LS 20% 80%
Field Office Building LS 95% 5%
Surface Water Pollution Prevention Plan LS 95% 5%
152
153 1.5.3 The SR 169 PROJECT, as shown in Exhibit E, designates three (3) buildings for
154 removal to construct the SR 169 PROJECT,which are located in the PARK and on
155 the site of the former Stoneway Concrete plant,hereinafter referred to as the
156 "PLANT."
157
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158 1.5.4.1 Because these PARK and PLANT buildings are identified for removal as part of
159 the SR 169 PROJECT, costs for removal and/or relocation of these buildings
160 will not be funded by the STATE.
161 1.5.4.2 The CITY commits to removing these PARK and PLANT buildings identified
162 in the SR 169 PROJECT for the construction of the MODIFIED PROJECT.
163
164 1.5.5 Immediately adjacent to the section of SR 169 addressed in the SR 169 PROJECT
165 and MODIFIED PROJECT is the CITY's PARK and the PLANT.
166
167 1.5.5.1 The IMPROVEMENT does not affect or impact the PARK's current site plan or
168 planned changes,but does require right-of-way from the property of the
169 PLANT.
170
171 1.5.5.2 Any pre-existing agreements between the owners or representatives of the
172 PLANT and the CITY remain binding and are not superseded by this
173 SUPPLEMENT NO. 1.
174
175 1.5.5.3 The STATE is not party to any pre-existing agreement between the CITY and
176 the PLANT.
177
178 1.5.6 The cost of the IMPROVEMENT does not include the costs for any element
179 proposed in the SR 169 PROJECT regardless if the location has been modified.
180
181 1.5.7 All permits are the responsibility of the CITY. The CITY has obtained all known
182 permits and permit modifications and no new permits or permit modifications are
183 anticipated.
184
185 1.6. Utilities
186
187 1.6.1 All utility work will be in accordance with the terms of the applicable Utility Permit
188 or Utility Franchise.
189
190 Section 11 of the AGREEMENT is supplemented by the following:
191
192 2.1 The STATE agrees to reimburse the CITY for the right of way costs identified in Section
193 1.4.1 of SUPPLEMENT NO. 1. The amount of this reimbursement is estimated to be
194 $153,298.00, as shown in Exhibit F, Estimate of Additional Right of Way Costs, attached
195 hereto and by this reference made a part of this AGREEMENT.
196
197 2.1.2 The CITY agrees to invoice the STATE for said additional right of way costs after
198 July 1, 2007.
199
200 2.2.2 The STATE shall pay the CITY within 30 days of receipt of said invoice.
201
202 Section VI of the AGREEMENT is supplemented to include the following:
203
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204 "Any such legal action or proceedings shall be pursued only upon exhaustion of the dispute
205 resolution process outlined in Section VII of this AGREEMENT."
206
207 The AGREEMENT is supplemented to include the following new sections:
208
209 VII
210 DISPUTES
211
212 7.1 In the event of a dispute arising out of the conduct of this AGREEMENT,the PARTIES
213 will work collaboratively towards resolution,beginning with the lowest organizational
214 level.
215
216 7.2 If the dispute cannot be resolved at the lowest organizational level, the dispute will be
217 raised to the I-405/Renton Administrator Executive Committee, which consists of the
218 CITY Chief Administrative Officer and CITY Administrators as well as the I-405 Project
219 Director and his direct reports.
220
221 VIII
222 AMENDMENT AND TERMINATION
223
224 8.1 This AGREEMENT may be amended or terminated by either PARTY upon thirty(30)
225 days advanced written.notice. In the event of termination,payment will be made for
226 work completed and billed as of the effective date of termination.
227
228 8.2 Either PARTY may request changes in these provisions. All changes shall be mutually
229 agreed upon and shall be incorporated as written amendments to this AGREEMENT. No
230 variation or alteration of the terms of this AGREEMENT shall be valid unless made in
231 writing and signed by authorized representatives of the PARTIES hereto.
232
233 8.3 No obligations of either PARTY to this AGREEMENT may be transferred or assigned to
234 a third PARTY without the written consent of both PARTIES, which shall not be
235 unreasonably withheld. Except as otherwise provided herein, a PARTY's rights and
236 obligations under this SUPPLEMENT NO. 1 terminates upon transfer of the PARTY's
237 interest, except that liability for acts or omissions occurring before transfer shall survive
238 transfer in accordance with Section V.
239
240 IX
241 GOVERNANCE
242
243 9.1 This AGREEMENT is entered into pursuant to, and under the authority granted by, the
244 laws of the State of Washington and any applicable federal laws. The provisions of this
245 AGREEMENT shall be construed to conform to those laws.
246
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247 X
248 SEVERABILITY
249
250 10.1 If any provision of this AGREEMENT, or any provision of any document incorporated
251 by reference, shall be held invalid, such invalidity shall not affect the other provisions of
252 this AGREEMENT that can be given effect without the invalid provision, if such
253 remainder conforms to the requirements of applicable law and the fundamental purpose
254 of this AGREEMENT, and to this end the provisions of this AGREEMENT are declared
255 to be severable.
256
257 XI
258 ALL WRITINGS CONTAINED HEREIN
259
260 11.1 This AGREEMENT contains all the terms and conditions agreed upon by the PARTIES
261 to this AGREEMENT. No other understanding, oral or otherwise, regarding the subject
262 matter of this AGREEMENT shall be deemed to exist or to bind any of the PARTIES
263 hereto.
264
265 XII
266 NOTICE
267
268 12.1 Any notice, demand, request, consent, approval, or communication that any PARTY
269 desires, or is required to give to the others, shall be in writing and either delivered
270 personally or sent by first class mail, postage prepaid, addressed as follows:
271
272 STATE: DEPARTMENT OF TRANSPORTATION
273 Attn: Project Director
274 1-405 Congestion Relief and Bus Rapid Transit Projects
275 600 - 108th Avenue NE, Suite 405
276 Bellevue, WA 98004-5126
277
278 CITY: CITY OF RENTON
279 Director of the Transportation Services
280 1055 South Grady Way
281 Renton, WA 98055
282
283 or to such other address as any PARTY from time to time shall designate by written
284 notice to each other.
285
286
287
288 All other terms and conditions of the original AGREEMENT shall remain in full force and effect
289 except as modified by this SUPPLEMENT 1.
290
291
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292
293 IN WITNESS WHEREOF, the PARTIES hereto have executed this SUPPLEMENT
294 NO. 1 as of the latest date written below:
295
296 CITY OF RENTON STATE OF WASHINGTON
297 DEPARTMENT OF TRANSPORTATION
298
299 r
300 �Z.j0 0
301 By Date y to
302 Kathy Keolker Kim Henry
303 Mayor I-405 Project Director
304
305 -�— --
306 APPROVED AS TO FORM: APPROVED AS TO FORM:
307
308
309 Lawrence J. Warren !?.fit
310 By(print) By(print)
31.1
. . 312
313
314 Signature Signa e
315 Ci�ttomey Assistant Attorney General
316 Office of the Attorney General
31 v -A-00-7 v —2
31S Date Date
Attest:
14diele Neumm, Deputy Clerk
i
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SUPPLEMENT NO. 1
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Exhibit F - Estimate of Additional Right-of-Way Costs
Acquisition Areas
SR 169 MODIFIED Area
Acquisition Type PROJECT PROJECT Difference SF Unit Cost',' STATE Cost
SF SF SF $/SF $
Fee 11,054 20,702 9,648 $ 20 $ 192,960
Sloe Easement 10,019 7,186 2,833 $ 14 $ 39,662
Total:
Notes:
1.Square Foot(SF)Unit Cost from Review Appraiser's Certificate No.2
2.Slope Easement Valued at 70%of Fee Acquisition
GCA 2798
Supplement No. 1
Exhibit F
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