Loading...
HomeMy WebLinkAboutPW07-141 - Amendment - Amendment 3 - C&A Central Puget Sound Regional - 3/6/07 THIRD AMENDMENT TO THE TRANSPORTATION IMPROVEMENT AGREEMENT BETWEEN CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY AND THE CITY OF KENT THIS THIRD AMENDMENT to the Transportation Improvement Agreement is made between the City of Kent, a Washington municipal corporation ("City"), and the Central Puget Sound Regional Transit Authority ("Sound Transit"). WITNESSETH: WHEREAS, the City and Sound Transit entered into a Transportation Improvement Agreement ("Agreement"), dated April 7, 1999, that addressed various transportation improvements that were required by the City as part of Sound Transit's Conditional Use Permit for the development of the Sound Transit Commuter Rail Station in Kent; and WHEREAS, the Agreement was amended by the First Amendment, dated May 12, 2000, ("First Amendment") and the Second Amendment, dated June 18, 2003, ("Second Amendment") respectively, to clarify the scope and timing of the work for the various improvements and to resolve the payment or other obligations of each Party; and WHEREAS, the City has completed all of the improvement projects required under the Agreement, as amended, except for the one project for half-street improvements on 1st Avenue N. and believes it is in the best interests of the Parties and the public to defer the completion of that one improvement project until development plans for the immediate area are further considered and coordinated by the City; and WHEREAS, the City received and applied a portion of a federal Intelligent Transportation System Grant ("Grant") to the construction of the left-turn pocket from eastbound Smith Street onto northbound Railroad Avenue, which are third party funds that are required to be shared with Sound Transit in accordance with the Agreement, as amended; and WHEREAS, due to various complexities in developing and implementing the scope of work and timing of the street improvements project on Pioneer Street between Railroad and Central Avenues, the Parties now desire to clarify and finally settle the obligations and payments for the completed work. NOW THEREFORE, in consideration of the mutual intent, desire and promises of the parties and other good and valuable consideration, the City and Sound Transit agree as follows: 1. The City hereby certifies that it has completed all of the improvement projects listed in Section 4 of the Second Amendment, except for the second listed item relating to half-street improvements on 1st Avenue N. between W. Smith and W. Temperance Streets, and that the City has made final payments on all completed work. 2. The City will complete the outstanding half-street improvements on 1st Avenue N. between W. Smith and W. Temperance Streets, which are more particularly described below and in the Plans and Specifications, attached and incorporated as Exhibit A, no later than June 30, 2008. The City will widen the roadway and install curb, gutter and sidewalk on the west side of 15` Avenue N. The roadway will be widened with asphalt concrete pavement approximately 16 feet to the west of the existing THIRD AMENDMENT TO TRANSPORTATION IMPROVEMENT AGREEMENT- I (Gtv of Kent and Sound Transit) concrete roadway and will include any necessary storm drainage. The new widening, curb, gutter and 10-foot wide sidewalk will extend from the northerly edge of the existing curb return on the NW corner of W. Smith Street and 1st Avenue N. and extend approximately 390 feet and match into the existing sidewalk on the south side of W. Temperance Street with a 30-foot radius at the SW corner of 1s' Avenue N. and W. Temperance Street. The improvements will also include street lighting. 3. The City will make a total and final payment of $76,063.18 to Sound Transit within 30 days of the effective date of this Third Amendment, which reflects the Parties' final agreement and settlement of obligations related to the sharing of third party funds as specified below: A. Pursuant to Section 9 of the Second Amendment, the City owes Sound Transit a total of $8,619, which is an equal share of the $17,238 in federal Intelligent Transportation System Grant funds that the City received and applied towards the total cost of $81,600 for the left-turn pocket from eastbound Smith Street onto northbound Railroad Avenue. B. The Parties agree that the City will pay $67,444.18 to Sound Transit, which is a share of King County Metro Transit Division funds that the City received and applied towards the street improvements project on Pioneer Street between Railroad and Central Avenues. 4. The Parties agree that the completed improvements on Pioneer Street between Railroad and Central Avenues meet the requirements of the improvement project under the Agreement, as amended, and that together with the payment described in Paragraph 3B above, constitute full and final resolution and settlement of all obligations or payments owing between the Parties related to the street improvements project on Pioneer Street. The Parties acknowledge that various complexities in the right of way acquisition, funding availability, and the development of the scope and timing of the work for this improvement project resulted in both Parties having unclear understandings of their respective obligations for the work. Consequently, the full street improvements were completed, in part, pursuant to this Agreement, as amended, and in part, pursuant to a separate and independent Agreement between the City and King County Metro Transit Division Pursuant to that separate agreement, the City received and applied King County Metro Transit Division funds to the widening of Pioneer Street. Because the King County Metro Transit Division funds were applied to work originally contemplated in this Agreement, as amended, and because the use of the third party funds for this work meets the intent of the third party fund sharing obligations under the Agreement, the Parties agree that these funds are appropriately shared as specified above. Except as specifically amended by this Third Amendment, all remaining provisions of the Agreement, as amended, will remain in full force and effect. THIRD AMENDMENT TO TRANSPORTATION IMPROVEMENT AGREEMENT-2 (Cu))offent and Sound Tranva) IN WITNESS, the Parties have executed this Third Amendment to the Transportation Improvement Agreement as of the last date written below. CITY OF KENT: SOUND TRANSIT: By: SZ- -, By: 6 rw 45�z u et Cooke, Varl,Mayor Joan Chief Executive Offic r Dat 3 Date: ATTEST: ATTEST: Brenda Jacober, ity Clerk Title: APPROVED AS TO FORM: APPROVED AS TO FORM: C. r tin Lam on, Assistant City Attorney ordan ag ,e r, Legal Counsel J THIRD AMENDMENT TO TRANSPORTATION IMPROVEMENT AGREEMENT-3 (City ofKent and Sound Transit)