HomeMy WebLinkAboutCAG2023-642 - Original - City of Renton - Southwest 43rd St Preservation Project - 02/15/2024 FOR CITY OF KENT OFFICIAL USE ONLY
Sup/Mgr:
Agreement Routing Form DirAsst:
• For Approvals,Signatures and Records Management Dir/Dep:
KENT This form combines&replaces the Request for Mayor's Signature and Contract Cover (optional)
W A S H I N G T O N Sheet forms. (Print on pink or cherry colored paper)
Originator: Department:
Chad Bieren Public Works
Date Sent: Date Required:
> 12/13/2023 12/22/2023
O
Q Mayor or Designee to Sign. Date of Council Approval:
Q
Q Interlocal Agreement Uploaded to Website N/A
Budget Account Number: Grant? Yes NoE]
N/A
Budget? Yes E]No Type: N/A
Vendor Name: Category
City of Renton Interlocal
Vendor Number: Sub-Category:
Original
O
Project Name: Southwest 43rd Street Preservation Project
cProject Details: Street pavement preservation project on SW 43rd Street, which
is owned by Renton and adjacent to the Kent City Limit. Project
}, will be managed by Renton with no costs to Kent
c
Agreement Amount: N/A
Basis for Selection of Contractor:
E *Memo to Mayor must be attached
i Start Date: Termination Date:
Q Local Business? Yes F—]No*If meets requirements per KCC 3.70.100,please complete'Vendor Purchose-Locol Exceptions"form on Cityspace.
Business License Verification: ❑Yes In-Process❑Exempt(KCC 5.01.045) ❑Authorized Signer Verified
Notice required prior to disclosure? Contract Number:
Yes❑No CAG2023-642
Comments:
1 ILA includes provisions for Renton to complete the 43rd Street Preservation
3 Project in areas adjacent to Kent city limits. I have coordinated with
o IM Christina Schuck on the agreement and it is ready for the Mayor's signature.
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Date Received:City Attorney: 12/14/23 Date Routed:Mayor's Office 12/15/23 City Clerk's Office 12/21/23
adccW22373_1_20 Visit Documents.KentWA.gov to obtain copies of all agreements
rev.20221201
CAG-24-030
INTERLOCAL AGREEMENT
BETWEEN CITY OF RENTON AND CITY OF KENT
REGARDING PARTICIPATION IN THE
SOUTHWEST 43RD STREET PRESERVATION PROJECT
THIS AGREEMENT is made and entered into by and between the City of Renton, hereinafter
called "Renton," and the City of Kent, hereinafter called "Kent." This Agreement is made for
the purpose of performing permitting, design, acquiring necessary property rights, and
construction of improvements to the Southwest 43rd Street Preservation Project between
west Renton City limits and SR 167 On/Off Ramp intersection ("Project").
RECITALS
A. Part of the Project is within the City of Renton and part of the Project is within the City
of Kent.
B. The Cities of Renton and Kent have both identified the need for roadway preservation
on Southwest 43rd Street to improve the overall condition of the pavement and extend
the life of pavement.
C. It is in the best interest of Renton and Kent to establish a lead agency to manage this
Project and to provide for the permitting, design, environmental review, property
acquisition, and construction of the Project.
D. Renton and Kent are authorized, pursuant to Chapter 39.34 RCW, to enter into an
interlocal government cooperative agreement of this nature.
NOW,THEREFORE, Renton and Kent agree as follows:
1. SCOPE OF WORK
This Project will rehabilitate the pavement along Southwest 43rd Street to improve the
overall condition of the pavement and extend the life of pavement. Pedestrian access
routes including crosswalks and their respective curb ramps disturbed within the limits
of the roadway rehabilitation will be upgraded to Proposed Accessibility Guidelines for
Pedestrian Facilities in the Public Right-of-Way("PROWAG") dated July 26, 2011, R3 &
R4 standards, 36 Code of Federal Regulations Part 1190.
The Scope of Work for this project includes the following: pavement analysis, street
rehabilitation, PROWAG curb ramp reconstruction, utility adjustments, re-
channelization, and traffic control.
2. TERMS AND CONDITIONS
2.1 Renton will be the lead agency for the Project with regard to permitting,design,
environmental review, obtaining right-of-way and other property, if needed,
construction and all other matters pertinent to accomplishment of the Project.
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2.2 Renton will be responsible for the advertisement and selection of engineering
and other design consultants as necessary for the completion of the
engineering design.
2.3 Renton will be responsible for coordinating the public information and
involvement effort in Renton and Kent. Kent shall be given the opportunity to
attend and participate in any public meetings.
2.4 The parties to this Agreement will appoint a contact person or persons to act as
liaison for the Project.These contact persons will meet on an "as needed" basis
to provide guidance for the Project and serve as a coordination body between
the two agencies.
2.5 Renton will provide 90 percent plans, including traffic control plans, and
specifications to Kent for review. Kent will provide written comments, if any,to
Renton within the shortest time possible (14 days or less) after Kent receives
the plans and specifications.
2.6 Renton will be responsible for the acquisition of all property necessary for the
Project. Kent agrees to cooperate in Renton's efforts to acquire property that
lies within Kent's portion of the Project area.Any eminent domain proceedings
which are instituted as a result of this agreement in either Renton's boundaries
or Kent's boundaries will be funded by the Project.
2.7 Kent hereby grants Renton right-of-entry into the incorporated limits of Kent
for the purpose of performing any and all tasks necessary to complete the
Project, consistent with approval by the City of Kent.
2.8 The final acceptance of the Project design will be by Renton after review and
written notification of acceptance by Kent for work completed within Kent's
jurisdiction.
2.9 Kent will be invited to the preconstruction meeting. An invitation will be sent
to the appointed contact person for Kent.
3. CONSTRUCTION CONTRACT BIDDING
3.1 Renton will perform project planning, provide a project description, and
prepare the contract bid documents for the Project.
3.2 Renton will advertise the contract in the official legal publication for Renton,
the Daily Journal of Commerce and Builders Exchange of Washington.
3.3 Renton will provide to Kent a copy of the plans and specifications advertised for
bid.
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3.4 Renton will open the bids. Renton will notify Kent of the time and date of the
opening of the bids, which will be approximately five to six weeks after the
Project is advertised. Kent may, but need not, attend the opening of the bids.
3.5 Renton will tabulate the bids. Renton shall provide a dated,verified copy of the
bid tabulations to Kent. The bid tabulations will identify the estimated
construction costs and cost of the apparent low bid.
3.6 Renton will award the contract to the lowest responsive, responsible bidder for
the total Project, subject to applicable laws and regulations.
3.7 Renton reserves the right to reject all bidders.
4. CONTRACT ADMINISTRATION
4.1 Renton will provide the necessary engineering, administration, inspection,
clerical and other services necessary for the execution of the Project. In
providing such services within Kent, Renton's Public Works Administrator may
exercise all the powers and duties of the public works director as set forth in
Kent City Code.
4.2 Renton will at all times keep Kent advised as to the progress of the Project, and
shall not order or approve any changes in the approved Project design that
substantially change the nature of the Project within the limits of Kent without
first consulting with and gaining the approval of Kent.
4.3 Prior to Project completion, both parties will perform a mutual final inspection
of the Project. Kent may provide a written deficiency list to Renton within ten
working days after the final inspection. The contractor will complete only
construction deficiencies that comply with the contract specifications. Final
Project acceptance will be by Renton and in accordance with Section 2.8.
S. OWNERSHIP AND MAINTENANCE
Renton and Kent will own and maintain Project facilities within their respective political
boundaries after Project acceptance.
6. PAYMENT
There will be no monetary obligations of Kent in the planning, permitting, design,
appraisals, acquisition of necessary property,and construction of improvements to the
Project.
7. DURATION/TERMINATION
7.1 This Agreement shall remain in effect until final acceptance of the Project.
Page 3 of 5
7.2 If expected or actual funding is withdrawn, reduced, or limited in any way prior
to the commencement of the Project, Renton may, with 30 days written notice
to Kent,terminate this Agreement.
8. INDEMNIFICATION AND HOLD HARMLESS
Washington State law shall govern the respective liability between the parties to this
Agreement for any loss due to property damage or personal injury arising out of the
activities conducted pursuant to this Agreement.
9. DISPUTE RESOLUTION
9.1 In the event of a dispute between the parties regarding this Agreement, the
parties shall attempt to resolve the matter informally. If the parties are unable
to resolve the matter informally within 30 days,the matter shall be decided by
Renton's Public Works Administrator.
9.2 Renton and Kent may also agree to an alternative dispute resolution process.
10. OTHER PROVISIONS
10.1 Renton shall be deemed an independent contractor for all purposes and the
employees of Renton, or any of its contractors, subcontractors, and their
employees shall not in any manner be deemed to be employees of Kent.
10.2 Nothing contained herein is intended to, nor shall be construed to, create any
rights in any party not a signatory to this Agreement, or to form the basis for
any liability on the part of Renton, Kent, or their officials, employees, agents, or
representatives,to any party not a signatory to this Agreement.
10.3 Waiver of any breach of any provision of this Agreement shall not be deemed
to be a waiver of any prior or subsequent breach and shall not be construed to
be a modification of the terms of this Agreement.
10.4 Each party shall retain ownership and usual maintenance responsibility for the
road, drainage system, signs, sidewalk, and other property within its
jurisdiction.
10.5 If any provision of this Agreement shall be held invalid, the remainder of the
Agreement shall not be affected thereby if such remainder would then continue
to serve the purposes and objectives of the parties.
10.6 The captions in this Agreement are for convenience only and do not in any way
limit or amplify the provisions of this Agreement.
10.7 This Agreement contains the entire agreement of the parties and any
representations or understandings, whether oral or written, not incorporated
herein are excluded.
Page 4 of 5
10.8 This Agreement may be amended only by an instrument in writing, duly
executed by both parties.
10.9 Renton shall provide notice to the Kent contact person identified in section 2.4
at least 5 days' notice prior to the beginning of construction to allow Kent to
post traffic advisories to the community.
IN WITNESS WHEREOF, the parties have entered into this Agreement effective as of the date
last written below.
CITY OF RENTON CITY OF KENT
By: By: t/ D
Armondo Pavone Dana Ralph
Mayor Mayor
2/15/2024 12/18/2023
Date Date
Attest Attest
Jason A. Seth Kimberley A. Komoto
City Clerk City Clerk
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Approved as to Legal Form Approved as to Legal Form
Approved by Cheryl Beyer via 1/16/2024 email N for
By: By:
Shane Moloney Tammy White
City Attorney City Attorney
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