HomeMy WebLinkAboutAdden 1 CAG-11-027 , Adden #1-12
FIRST AMENDMENT TO AN AGREEMENT
BETWEEN THE
CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY
AND THE CITY OF RENTON
THIS First Amendment is made this 03 day of`ffl 2012 to the Agreement
between the Central Puget Sound Regional Transit Authority 0 ereinafter referred to as "Sound
Transit") and the City of Renton, a municipal corporation ("Renton" or "City"), dated February
25, 2011 (City contract number CAG-11-027).
RECITALS
WHEREAS, the City and Sound Transit entered into an Agreement on February 25, 2011
(the "2011 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 responsibilities of the Parties for the funding of the construction of the
projects is specified in Section 3 and the project development and funding schedule is specified
in Exhibit A of the 2011 Agreement; and
WHEREAS,the state legislature adopted and on May 16, 2011 the Governor signed into
law the 2011-2013 Transportation Budget bill ESHB 1175 which in Section 310(16) includes a
budget proviso that states, An additional $2,500,000 of the motor vehicle account—federal
appropriation is provided solely for the Strander Blvd/SW 27th St Connection project (1LP902F),
which amount is reflected in the LEAP transportation document identified in subsection (7) of
this section. These funds may only be committed if needed, may not be used to supplant any
other committed project partnership funding, and must be the last funds expended"; and
WHEREAS, the aforesaid $2,500,000 funding is a necessary funding source for the
Strander Blvd/SW 27th St Connection project, and may by law only be expended after the Sound
Transit funding contribution is expended; and
WHEREAS, Exhibit A of the 2011 Agreement provides that the final $1,000,000 funding
contribution for the Strander Blvd/SW 27th St Connection project will be available when
construction is substantially complete, which conflicts with the state's requirement that the
$2,500,000 provided by the state transportation budget must be the last funds expended; and
WHEREAS, Section 2 of the 2011 Agreement, COOPERATION AND GOOD FAITH EFFORTS,
provides 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 . . . Each party agrees to work cooperatively and in good faith
toward resolution of any such issues.";
NOW THEREFORE, in consideration of the above premises,the City and Sound Transit do
hereby agree to amend the 2011 Agreement as follows.
1.0 PURPOSE
The purpose of this First Amendment is to amend the 2011 Agreement so that Sound Transit's
final installment payment of$1,000,000 for the Strander Boulevard Project is made when the
Project is 75%complete, as shown on Exhibit A, Amendment 1.
2.0 PROJECT DEVELOPMENT AND FUNDING SCHEDULE
Exhibit A is replaced in its entirety with the attached "Exhibit A, Amendment 1".
3.0 EFFECT OF FIRST AMENDMENT
Unless expressly revised by this First Amendment, all other terms and conditions of the 2011
Agreement shall remain in effect and unchanged by this First Amendment.
IN WITNESS WHEREOF, the Parties hereby agree to the terms and conditions of the
Agreement as of the date first written above.
For the City of Renton: For Sound Transit:
By: Denis Law S- By: Joan M. rl
Title: Mayor �7/aO�z Title: Chief Executive Officer
Approved as to Form: Approved as to Form:
v
B Lawrence J. arren By: Stephen G. Sheehy
Title: Renton Legal Counsel Title: Sound Transit Legal Counsel
Attest:
By: Bonnie I. Walton
Title: Renton City Clerk
�4
Exhibit "A", Amendment 1
Project Development & Funding Schedule
Strander Boulevard Phase 2
Schedule
Final Design July 2010- May 2011
Construction April 2011-September 2012
Funding
Design activities, monthly billing, not to exceed $1,000,000
Construction 30%complete $1,000,000
Construction 60%complete $1,000,000
Construction 75%complete 1 0
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
Funding
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 142 0
TOTAL Rainier Arterial Improvements Funding $14,900,000