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HomeMy WebLinkAboutContract Co CAG-00-050 MEMORANDUM OF AGREEMENT FOR INTERGOVERNMENTAL COOPERATION BETWEEN KING COUNTY AND THE CITY OF RENTON FOR THE CONSTRUCTION, OPERATION, AND MAINTENANCE OF THE RENTON TRANSIT CENTER This MEMORANDUM OF AGREEMENT, dated thiisP*day of 69- 2000 is made by and between KING COUNTY (hereinafter referred to as the "COUNTY") and the City of Renton (hereinafter referred to as the "CITY"). RECITALS WHEREAS, the County is a home rule charter county with broad powers to provide public transportation within King County consistent with Article XI Section 4 of the Washington Constitution; and WHEREAS,the County, as provider of transportation services within King County, desires to establish a transit center in the City of Renton to better serve the community and to foster connections between regional and local services.The County's Six-Year Transit Development Plan includes establishment of a transit hub in Renton to provide bus bay capacity to support King County Metro service; and WHEREAS, the City is a municipal corporation organized under Chapter 35A RCW and has all powers necessary to supply municipal services commonly or conveniently rendered by cities and towns. In addition, the City is responsible for administering state and local land use laws and development regulations that will apply to the development of the Transit Center; and WHEREAS, the City and the County (collectively, the"Parties") have been working together on site alternatives for a Transit Center in Renton; and WHEREAS, the City has adopted a resolution authorizing construction of a Transit Center comprised of bus zones located on Burnett Avenue between South 2"d and South 3`d Streets, a new bus-only roadway, with bus zones, located on vacant land owned by the City extending between Logan and Burnett Avenues (between South 2"d and South 3`d Streets), and adjacent bus zones on South 2"d and South 3`d Streets and WHEREAS, the City desires to relocate parking spaces currently located on Burnett Avenue South between South 2"d and South 3`d Streets; and WHEREAS, the City desires to reconfigure the roadway and parking spaces currently located on Burnett Avenue South between South 3rd and South 4th Streets; and WHEREAS, the parties have determined that construction of the above-described improvements would be most efficiently performed under a single construction contract; and 1 WHEREAS,the Parties both bring financial resources to the construction of said improvements, and WHEREAS, the City and the County desire to set forth their respective roles and obligations in the design, permitting, construction, funding, operation and maintenance of the said improvements NOW THEREFORE, in consideration of these recitals and the mutual covenants herein, it is mutually agreed by and between the Parties as follows: 1. PURPOSE. This Agreement sets forth the terms and conditions by which the Parties will work cooperatively to fund,design, and construct the facilities and, subsequently, to own, operate, and maintain them. 2. DEFINITIONS. For purposes of the Agreement, the terms used shall have the meanings set forth below: 2.1 County—King County, a home rule Charter County of the State of Washington 2.2 Director—King County Director, Department of Transportation 2.3 City—The City of Renton, Washington, a municipal corporation 2.4 City Council—The Council of the City of Renton 2.5 City Administrator—The Administrator for the Planning, Building, and Public Works Department for the City of Renton 2.6 County Project Manager—the individual(s) assigned by the County to carry out the responsibilities of the County under this Agreement 2.7 City Project Manager—the individual(s) assigned by the City to carry out the responsibilities of the City under this Agreement 3. DESCRIPTION OF CITY IMPROVEMENTS TO BE CONSTRUCTED: The City shall be responsible for funding the cost of constructing the following improvements. 3.1 All improvements to the City's right-of-way commonly known as Burnett Avenue South between South 3`d and South 4 1 Streets. 3.2 All improvements to the City's right-of-way commonly known as Burnett Avenue South between South 2"d and South 3`d Streets, including new roadway and sidewalks, utilities, a planting median, intersection reconfigurations, channelization, signal modifications, crosswalk and in-pavement lighting, benches, and trash cans, except for relocation of the clock tower, but not including those improvements listed below in subsection 4.3 as County funded improvements. 2 4. DESCRIPTION OF COUNTY IMPROVEMENTS TO BE CONSTRUCTED: The County shall be responsible for funding the cost of constructing the following improvements. 4.1 All improvements comprising the East-West Section of the Transit Center to be located on City owned property in the block bordered on the east by Burnett Avenue South, on the north by South Second Street, on the west by Logan Avenue South, and on the south by South Third Street, including a bus-only roadway, utilities, covered walkways and lights therein, a passenger services center, benches,trash cans, landscaping, street lights, transit signage, railings, kiosks and artwork. Provided, however, the City shall fund a portion of the cost of the walkway covering as set forth below in Section 7. 4.2 New parking areas to be located adjacent to the north and south of the East-West Section of the Transit Center, including but not limited to asphalt and concrete surfaces, utilities, surface striping, street lighting, landscaping, and signage. 4.3 The kiosks, landscaping, street lights, transit signage and bus shelters located on Burnett Avenue South between South 2" and South 3`d Streets, including the benches and trash cans located inside said shelters. 4.4 The relocation of the clock tower from Burnett Avenue South between South 2"d and South 3`d Streets. 5. ENVIRONMENTAL AND DESIGN RESPONSIBILITIES 5.1 The City will be the lead agency for SEPA environmental review and will take responsibility for fulfilling all SEPA requirements for the work under this Agreement. The County will review and comment on all environmental documents and will have at least 4 weeks for each review and comment period. The City and the County will work together to provide Biological Assessment information and documentation to the Federal Marine and Fisheries Agency (or designee) as required by the Endangered Species Act. The City will pay for this work given that City of Renton Federal grant funds were added to the Project. 5.2 The City shall be responsible, at is sole expense, for contracting for the design of the improvements to Burnett Avenue South located between South 3`d and South 4`h Streets and for the following improvements to Burnett Avenue South between South 2"d and South 3`d: roadway, flatwork, utility, infrastructure and earthwork. Final design shall include the detailed engineering and architectural design; preparation of plans, specifications, and cost estimates for said improvements. 5.3 The County shall be responsible for contracting for the design of the following improvements: all elements of the East-West Section, all elements of the parking lots located north and south of the East-West Section, and the streetscape, landscape, shelters, building and signage located on Burnett Avenue South between South 2nd and South 3rd Streets, including relocation of the clock tower. Final design shall include the detailed engineering and architectural design; preparation of plans, specifications, and cost 3 estimates for said improvements. The City shall approve all design specifications prior to the County inviting construction bids. 6. CONSTRUCTION RESPONSIBILITIES 6.1 The County shall contract for the construction of the City and County improvements, which are the subject of this Agreement. Said contract(s) shall comply with applicable public works and procurement laws and regulations and any applicable county code provisions. The County shall include termination for convenience and termination for lack of funding provisions in all third party contracts and shall include the City as a third party beneficiary indemnified by the contractor or consultant to the same extent as the County is indemnified. 6.2 The City will provide contract bidding assistance which shall include the following: a. Assist King County in preparing the advertisement for bidding of the construction contract, as requested; b. Assist King County in responding to questions from construction contract bidders during the bidding period, as requested; C. Attend construction contract prebid meeting; d. Attend construction contract bid opening; e. Assist King County in evaluating the construction contract bids as requested. 6.3 The-City may review all bids prior to award by the County. The County shall submit a list of the bid tabulations for the Project to the City. 6.4 The City shall be responsible for issuing and/or obtaining all permits, licenses, easement and approvals necessary to construct and occupy the Project and shall pay all fees and costs associated therewith. The City shall be responsible for conducting all necessary community relations activities related to the Project. 6.5 The County shall be responsible for the management and administration of all contracts it enters into to construct the improvements that are the subject of this Agreement. The County shall submit a monthly written report to the City identifying work progress, expenditures by month and to date, schedule adherence, change orders executed and any other matters significant to the performance of this Agreement. The City shall have the right to review, inspect, and approve the work in progress. The City shall notify the County prior to inspection by City staff, or its agents. Either the County's Project Engineer or his designee shall accompany the City's representatives on the job site. No contact shall be made with the County's Contractor by City staff, or County/City consultants except through the County's Resident Engineer. 6.6 The County shall not approve any substantial change in scope or specification of the contract without prior written consent from the City's Project Manager or designee. The County shall provide the City with a copy of all executed change orders to the contract. 4 Change order forms for these substantial changes shall provide for a signature on behalf of the City evidencing this consent. 6.7 The County shall submit a project schedule to the City no later than thirty days after the execution of this Agreement. At a minimum, this schedule will establish the critical path items for the Project and identify major milestones, including but not limited to the following: 100% design documents;joint approval of contract documents; advertisement for bids, bid evaluation and contract award; construction duration; final acceptance of Project; close-out of all contracts; and submittal of as-build documentation. 6.8 The County will, upon substantial completion of the Project,request in writing that the City conduct a final inspection. Within ten(10) working days of receipt of said written request, the City will inspect all aspects of the Project, and, if needed, prepare a written punch list of deficient work. The City will transmit within ten(10)working days of said inspection the punch list that shall identify the corrective work that is needed. When the County's contractor has completed the work identified on the punch list, the County will request in writing a reinspection from the City. Within five (5) working days of receipt of this written request, the City will reinspect all work, and, if needed, again prepare a written punch list of work not completed, which it will transmit to the County within five (5) days of the reinspection. Said punch list shall identify the corrective work needed with specificity. When the City and the County determines through inspection that the requirements of the contract documents have been met, the County will provide written notice of acceptance to the contractor. The parties agree that time is of the essence and agree to work cooperatively to meet or exceed this schedule. The County shall supply the City with as- built documentation for the Project within three months after notice of acceptance, consistent with the contract specification. 6.9 The County shall exercise all reasonable efforts to enforce the warranty provisions of its contract in the event the City or the County discovers a defect in design, workmanship, and materials for a period of one (1) year from the date of Notice of Acceptance to the contractor. The parties agree, however, that the contractor's warranty does not extend to defects resulting from specifications furnished or approved by the City. 7. PAYMENTS 7.1 The City shall reimburse the County for the following costs. a. $36,433 incurred for design changes requested by the City. b. $205,000 as a contribution for construction of the continuous coverage shelter on the east-west portion of the transit center. c. actual costs billed by the contractor for construction of the City Improvements. 7.2 The County shall submit a monthly invoice to the City as the County incurs the above- identified costs. The City shall make payment within 30 days after receipt of an invoice for work performed in accordance with the terms of this Agreement. 5 8. OWNERSHIP, RIGHTS TO USE AND MAINTENANCE OF THE IMPROVEMENTS 8.1 Upon final acceptance by the City and the County of the improvements constructed under this Agreement,the City shall own all improvements except as follows: a. In the East-West Section of the Transit Center,the County shall own the passenger information center building including restroom(s), the continuous coverings over the walkways and all above-ground installations located under said coverings including lighting,panels/windscreens, benches, and trash receptacles. b. In the North-South Section of the Transit Center,the County shall own the shelters (including frames, footings, roofs) and the benches and trash receptacles inside said shelters, shelter lighting fixtures, transit information kiosks and signage, and public art improvements. 8.2 The County shall have the right to use the East-West Section of the Transit Center, the North-South Section of the Transit Center and the bus zones adjacent thereto located on South 2nd and South 3rd Streets. 8.3 Except for the driver's comfort station,the City shall have the option to use the passenger information center building, until such time as the County determines the building would be better utilized for a different purpose. The additional unisex restroom will be reserved for transit users, though access will be controlled by the City for security purposes. The City's use of the building shall be subject to County review and approval. In the event the City commences use of the building with the County's approval, the City agrees to vacate the building upon sixty days advance notice from the County. The City shall defend, indemnify and hold the County harmless against any and all claims arising from the City's use of the building. 8.4 The County shall have the right to use 2 reserved spaces in the parking lot south of the East-West Section. 8.5 The County and the City shall share maintenance responsibilities for the East-West and North-South Sections of the Transit Center as set forth in Exhibit 1. 9. LEGAL RELATIONS 9.1 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. No joint ventures or partnership is formed as a result of this Agreement. No employees or agents of the County or any of its contractors or subcontractors shall be deemed, or represent themselves to be, employees of the City. 9.2 Each party hereto agrees to defend, indemnify and hold harmless the other party, and it officers, agents and employees, for all claims (including demands, suits, penalties, loss, damages, costs and liability of any kind whatsoever) which arise out of, are connected with, or are due to the negligent acts or omissions of the indemnifying party, its contractors, employees, agents or representatives in performing its obligations under this Agreement; provided, however, that if(and only if) the provisions of RCW 4.24.115 apply to the work 6 and services under this Agreerr?..,t and any such damages and injuries to persons or property are caused by or result ::om the concurrent negligence of the parties and their respective contractors, employees, agents, or representatives, each party's obligation hereunder applies only to the extent of the negligence of such party or its contractor, employees, agents, or representatives. Each party specifically assumes potential liability for actions brought by its own employees against the other and for that purpose specifically waives, as respects the other party only, any immunity under the Worker's Compensation Act, RCW Title 51; and the parties recognizes that this waiver was the subject of mutual negotiation and specifically entered into pursuant to the provisions of RCW 4.24.115, if applicable. In the event either party incurs attorney's fees, costs or other legal expenses to enforce the provisions of this section against the other party, all such fees, costs and expenses shall be recoverable by the prevailing party. In the event a permit, license, or contract related to the Project shall contain an indemnity or hold harmless provision; this section shall supersede such provision and shall control any indemnity issue between the City and the County. 9.3 Each party shall be excused from performance of any responsibilities and obligations under this Agreement for causes not under its control, including but not limited to incidence of fire, flood, snow, earthquake or other acts of nature, riots, insurrection, accident, order of any court or civil authority, and strikes or other labor actions. 9.4 Neither payment by the City nor performance by the County shall be construed as a waiver of the other party's rights or remedies against the other. Failure by either party at any time to require full and timely performance of any provision of this Agreement shall not waive or reduce the party's right to insist upon complete and timely performance of such provisions thereafter. 9.5 This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington in effect on the execution date of this Agreement. Each party's rights and remedies in this Agreement are in addition to any other rights and remedies provided by law. 9.6 This document is the complete expression of the terms agreed to by the Parties. Any oral or written representation or understandings not incorporated herein are excluded. 9.7 The provisions of this section shall survive the expiration or termination of this Agreement. 10. RECORDS AND AUDIT During design and construction of the Project and for a period of not less than 30 years from the date of final acceptance of the Project by the City, the County agrees to keep records pertaining to the Project and all charges and expenditures related to the Project. The County's records will demonstrate that the money received from the City was properly expended in accordance with all rules, regulations, and documentation requirements of the City, State, and Federal funding agencies. 7 ' PUBLICITY All news releases and public reports issued by the City or the County describing any activity on this Project involving both parties shall include a reference to the other party. Neither party shall release any information about the Project to the news media without the prior consent of the other party. The City will work with the County to coordinate information dissemination to the public. 12. NOTICE All notices to the County required under the terms of this Agreement, unless otherwise specified herein or as may be amended, shall be given in writing and addressed as follows: King County Department of Transportation 201 South Jackson Street, M.S. KSC-TR-0426 Seattle, WA 98104-3856 ATTN: Manager of Service Development All notices to the City required under the terms of this Agreement, unless otherwise specified herein or as may be amended, shall be given in writing and addressed as follows: City of Renton Planning, Building, Public Works Department 1055 Grady Way South Renton, WA 98055 ATTN: Director, Transportation Systems Division 13. DURATION OF AGREEMENT AND TERMINATION 13.1 This Agreement shall take effect upon its signing and shall remain in effect for thirty years or until terminated by either party in accordance with this Section. 13.2 Prior to award of a construction contract to build the improvements that are the subject of this Agreement, either party may terminate the Agreement for its convenience and without cause by providing the other party with written notice at least thirty days in advance. A party that terminates this Agreement for its convenience shall reimburse the other party for the costs it has incurred which are related to the planning and design of the new North-South and East-West Sections of the Transit Center. 13.3 Following final acceptance of the construction of the North-South and the East West sections of the Transit Center, either party may terminate this Agreement: for its convenience and without cause by providing the other party with three years advance notice in writing. A party that terminates the Agreement under this subsection shall pay to the other all of the costs said other party incurred to design and construct the North- South and East-West Sections of the Transit Center, but not including the cost of land. Said amount due shall be reduced by a depreciation factor for each year of operation, 8 assuming straight-line depreciation over a 30: , -ir useful life. The terminating party shall be responsible for removal of any unnecessary Facilities remaining on the site. 13.4 Either Party may terminate this Agreement for default in the event the other Party materially breaches this Agreement. Termination shall be effected by serving a Notice of Termination by certified mail, return receipt requested, on the other Party setting forth the manner in which said Party is in default and the effective date of termination, which shall not be less than fourteen(14) calendar days after the date of the notice; provided, however, such termination shall not take effect if the default has been cured within seven (7) calendar days after the date of the notice of termination. 13.5 If insufficient funds are appropriated for the County to perform its maintenance or other obligations under this Agreement for a given calendar year, the County shall inform the City and the parties shall meet as soon as possible to discuss modifications in said obligations which would enable operation and maintenance of the Transit Center to continue within the appropriated amount for the coming year. Should the parties be unable to reach agreement on such modifications, the County reserves the right to terminate this Agreement by providing written notice to the City at least thirty days in advance. Such right to terminate shall be in addition to the County's rights to terminate for convenience or default. In accordance with KCC 4.04.040(B)(6), nothing in this Agreement shall be construed to require the County to incur maintenance or other expenses beyond the amount appropriated fora given calendar year. 14. DISPUTE RESOLUTION The Parties agree to make their best efforts to resolve disputes and other matters arising out of the design and construction of the Project or the ongoing,administration of the right-to-use the Transit Center. If the City Project Manager and the County Project Manager cannot resolve an issue, either party may invoke a formal conflict resolution process. 15. SEVERABILITY If a court of competent jurisdiction holds any provisions of this Agreement invalid, the remainder of this Agreement shall not be affected if such remainder would continue to serve the purposes and objectives originally contemplated. 9 IN WITNESS WHEREOF, the duly authorized representatives of the City and the County have signed this Agreement. City of Renton King County By: By: or, City of Renton Rick C. Walsh f-?,S•oo sse Tanner General Manager, KC Metro Transit Approved as to form: Approved as to form: c 1,. B By: N Renton City Atto ney King Count rosecuting Attorney Attest: Marilyn Petersen, City Clerk 10 Exhibit 1 Operation and Maintenance of Transit Center 1. COUNTY Operation and Maintenance Responsibilities 1.1 General The County shall provide maintenance at the Renton Transit Center at the levels described in Section 1.2. Except as provided in Section 13.5 of the Agreement in the event of insufficient appropriation, said maintenance levels may only be reduced upon the mutual agreement of the parties after good faith negotiations. 1.2 Shelters Kiosks, Covered Walkways, and Sidewalk Areas of the North-South and East- West Sections of the Transit Center A. Routine maintenance: Clean and maintain all transit shelters and the covered walkways, including frames, footings, roofs, benches, panels/windscreens, lighting and railings. In the East-West Section, maintain and clean all paved areas, except for roadways and adjacent parking areas, including sweeping and picking litter up off the sidewalk five (5)times a week; pressure wash once a week. In the North-South Section, maintain and clean all paved areas underneath and within ten feet of passenger shelters including sweeping and litter pick-up in said areas five (5) times a week; pressure wash said area once a week. The County reserves the right to remove or alter glass surfaces or other elements that are repeatedly broken. B. Emergency maintenance/repair: Perform emergency repairs within the transit shelters and passenger zones and to the transit kiosks and Passenger Services Center. C. Refurbishment: Refurbish shelters in accordance with the County's capital replacement program (Transit Asset Maintenance Program). 1.3 Passenger Services Center A. The County is responsible for cleaning, maintaining, and supplying the Driver's Comfort Station in the Passenger Services Center. B. County shall maintain all exterior components of the Passenger Services Center, including but not limited to framing, footing, and roof. 1.4 Information. Signage, and Artwork Maintain and stock all transit information signage and receptacles and maintain County installed public artwork consistent with King County Arts Commission guidelines. 1 1.S Graffiti Removal of graffiti from transit shelters and covered walkways (including but not limited to frames, footings, and roofs),trash cans, benches, non-glass panels, and railings and on the exterior of the Passenger Services Center shall be handled as part of routine maintenance, but within five days. The County shall exercise its best efforts to remove offensive graffiti within 24 hours of it being reported. Offensive graffiti is defined for this purpose as racially or ethnically derogatory, words considered profane or socially unacceptable or pictures/drawings of an obscene nature. For the purposes of this agreement, graffiti is defined as defacing painted and finished surfaces with markers and paint and does not refer to the etching, scratching or marring of other surfaces including glass, stainless steel or other unfinished/unpainted metal surfaces. 1.6 Vandalism Vandalism is defined as human-caused activity resulting in property damage. Instances of vandalism that result in service disruptions or present a safety hazard to customers, employees, or the general public will be addressed immediately when reported. Other vandalism will be addressed as part of the Metro regular maintenance schedule. It is recognized that procurement of special parts and materials can be time consuming. 1.7 Security Provide security policing of the Transit Center in accordance with the County's practice/policy of providing transit security in south King County, subject to annual budget and review. The County will work with the City in its efforts to identify, install and operate a surveillance system at the transit center. 2. The CITY OF RENTON Operation and Maintenance Responsibilities: 2.1 Passenger Services Center Community Services Department, Facilities Section will be responsible for the following functions: Determining the best City use, subject to County approval; for cleaning, maintaining and controlling access to all inside areas of the Passenger Services Center except the Driver comfort station. The City shall hold the County harmless for any security issues that may occur at the Passenger Services Center while the City uses it. If(or when) the County requires the PSC for transit purposes, the County will be responsible for the PSC security, though the City of Renton will continue to provide policing for the overall Transit Center. 2 2.2 Asphalt and Concrete Paved Areas Public Works Department will maintain all roadway and adjacent parking asphalt and concrete paved areas in the East-West Section and the North-South Transit Center. This includes, but is not limited to,the following: • restriping (Operations Section); • resurfacing (Design Section); • sweeping (Street Maintenance Section); • pavement repairs (Street Maintenance Section); • installing or revising traffic control devices/arrows (Operations Section); • snow and ice r,.moval as needed; and • Any other required maintenance and repair to allow free and unencumbered use (Street Maintenance Section). The City shall be solely responsible for the cleaning, maintenance, repair and reXlacement of the improvements on Burnett Avenue South between South 3rd and South 4 Streets and the parking lots located north and south of the East-West Section of the Transit Center. 2.3 Garbage Collection Public Works Department, Utilities Division, Solid Waste Section, will collect and empty all trash cans. 2.4 GraffitiNandalism Public Works Department, Transportation Division, Operations Section will repair damage from graffiti and vandalism at parking areas within 24 hours. Community Services Department, Facilities Section will repair graffiti or vandalism to the interior of the Passenger Services Center, until such time as the County determines that the building would be better utilized for a different purpose or the level of use at the facility allows for operation of a public restroom consistent with County adopted policy. 2.5 Street Lighting Public Works, Transportation Division, Operations Section, will inspect, replace and/or upgrade street lighting and street lighting fixtures, as required. Electricity will be monitored and billed to the City of Renton from a separate meter. 2.6 Landscaping Community Services Department, Parks Division, will select all plant materials to be used within the Transit Center, subject to approval by the County, and be responsible for the maintenance and replacement of these materials, including those in the Transit Center mid-block cut-thru area. 3 2.7 Si na e Public Works, Transportation Division, Operations Section will maintain all street identification signage within the Transit Center vicinity. 2.8 Security Police Department will provide street policing of the Transit Center in accordance with the City's practice of providing law enforcement(within the downtown area), subject to annual budget and review. 2.9 Surveillance Public Works, Transportation Division, Operations Section will install and maintain City owned-surveillance system 2.10 Utilities: A. Sewer-The County will be responsible for the utility charges associated with the sewer connection. B. Water-The City of Renton will be responsible for the utility charges associated with the water meter servicing irrigation system; The County will be responsible for the utility charges associated with the water meter servicing the Passenger Services Center and street cleaning hose bibs; When a City tenant occupies the Passenger Services Center,the County will bill back the City for the subject water use. C. Electricity-The City will be responsible for the utility charges associated with the electric meter for street and parking lot lighting. The County will be responsible for the utility charges associated with the electric meter for the Passenger Services Center and transit shelter lighting. i-AG-00-050 Addendum 1-04 AMENDMENT ONE TO THE MEMORANDUM OF AGREEMENT FOR INTERGOVERNMENTAL COOPERATION BETWEEN KING COUNTY AND THE CITY OF RENTON FOR THE CONSTRUCTION, OPERATION, AND MAINTENANCE OF THE RENTON TRANSIT CENTER This AMENDMENT to the Memorandum Of Agreement For Intergovernmental Cooperation Between King County And The City Of Renton For The Construction, Operation, And Maintenance Of The Renton Transit Center, dated April P, 2000, (hereinafter referred to as the"Memorandum Of Agreement"), is entered into this W* day of , 2004 by and between King County and the City of Renton(hereinafter referred to as the"COUNTY" and the"CITY"respectively. WHEREAS, the COUNTY and the CITY have been successfully operating and maintaining the Renton Transit Center as described the Memorandum of Agreement; and WHEREAS, as described in the Memorandum of Agreement, the COUNTY owns the Passenger Services Center which includes a Driver comfort station and a unisex restroom reserved for transit users; and WHEREAS, as described in the Memorandum of Agreement, Exhibit 1, the CITY is responsible for cleaning and maintaining all areas of the Passenger Services Center except the Driver comfort station; and WHEREAS, the COUNTY desires to amend the Memorandum of Agreement to arrange for COUNTY Transit Drivers to have access to and use of the unisex restroom as well as the Driver comfort station at all times. NOW THEREFORE, in consideration of the mutual obligations herein, it is mutually agreed by the COUNTY and the CITY as follows: 1. Section 8.3 is amended to read as follows: 8.3 Except for the driver's comfort station, the City shall have the option to use the passenger information center building, until such time as the County determines the building would be better utilized for a different purpose. The additional unisex restroom will be reserved for transit users and the County's transit employees. Access by transit users will be controlled by an on-site City employee for security purposes. Access by transit employees will be possible at all times through use of a T-key. The City's use of the building shall be subject to County review and approval. In the event the City commences use of the building with the County's approval, the City agrees to vacate the building upon sixty days advance notice from the County. The City shall defend, indemnify and hold the