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CC AGR 04-107-02OLIK't) ORWAALAL AMENDMENT #2 bet�n n / & AGREEMENT BETWEEN THE CITY OF BOTHELL AND KING COUNTY City of Bothell FOR DESIGN AND CONSTRUCTION OF STATE ROUTE (SR) 522 PHASE I y IMPROVEMENT PROJECT AT 96 AVENUE NORTHEAST Whereas, King County (hereinafter referred to as the County) and the City of Bothell (hereinafter referred to as the City) executed the "Agreement between the City of Bothell and King County for Design and Construction of State Route (SR) 522 Phase I Improvement Project at 96 Avenue Northeast on February 2, 2005 (hereinafter referred to the "Agreement "); and Whereas, the City and County executed Amendment One to the Design and Construction Agreement on December 31, 2007 extending the term of the Agreement to December 31, 2009; and Whereas, the City has experienced delay in the award of the Project for construction beyond the Agreement's possible termination date of December 31, 2009; and Whereas, the City is finalizing contract bid documents and plans to advertise this project in January 2010; and Whereas, there are no cost and scope implications to the original project envisioned under the Agreement; and Whereas, the parties mutually agree the Agreement should be extended for a period of two years; Now, THEREFORE, in consideration of the mutual covenants contained herein, the sufficiency of which is hereby acknowledged, the City and the County hereby amend the above referenced Agreement as follows: 1. Section 10 of the Agreement is amended to read as follows: SECTION 10. TERMINATION 10.1 The County may terminate this AGREEMENT if the City has not awarded a contract to construct the Project by December 31, 2011. If the County exercises this option, it will not owe the City any portion of the $400,000 payment identified in Section 3 of the Agreement. If the County exercises this option, it will provide written notice of such termination via certified mail to the City not less than thirty (30) days prior to the effective date of termination. S 4 w'k. 1 <` teaf f- �i�,l- Interagency Agreement IN WITNESS WHEREOF, the parties hereto have executed this Amendment #2 to the "Agreement between the City of Bothell and King County for Design and Construction of State Route (SR) 522 Phase I Improvement Project at 96 Avenue Northeast" this day of , 2010 Date King County Kevin Desmond, General Manager Date King County Metro Transit Division Interagency Agreement City of Bothell DIRECTOR APPROVAL FOR AGREEMENT Department: Contractor: Amount: Brief Description Impact if Not Executed Public Works King County Metro Funding Agreement - time extension - KC Metro is funding $400,000 toward the Wayne Curve Project Possibility of losing $400,000 of KC funding Date Department Director Reviewed & Approved Agreement: Approved by Department Director: (Signature) Page I of I Denise McCormack - KC Metro Amendment #2 From: Rosalie Wu To: Denise McCormack Date: 3/10/2010 11:34 AM Subject: KC Metro Amendment #2 Attachments: KC Amendment 2.docx; KC Metro Agreement.pdf; KC Metro Amendment 1.pdf Hi Denise, Remember this? We thought we needed to do an agenda bill for it and then Eddie read the fine print and we didn't. We just need the City Manager to sign 2 copies (3, if Clerk's office wants one) and get it back to us so we can send it back to KC Metro for execution. The Word document of the amendment is attached. I have also attached the original and amendment #1 for reference. We had put #1 to Council for approval, but that was not necessary (note section 12 of the original agreement) since it could have been signed off without going to Council. This amendment, like the first, is just to extend the termination date. Please route it to City Hall for signature. It is a funding agreement and can be coded to Wayne Curve construction. Thanks, Rosalie file: / /C: \Documents and Settings \Staff\Local Settings \Temp \XPgrpwise \4B9783DWAST... 3/16/2010 Ak AEEMENT ROUTING FO • This form must be completed for all contracts by the Department of Origin • To expedite routing, Department of Origin should obtain contractor's signature before forwarding to the Clerk's Office • Send this form along with 3 originals to the Clerk's Office for review by Legal, Finance, City Manager,& City Clerk Do I need to send my contract to the Clerk's Office for routing? 10 ` 0 Yes, regardless of amount or authorized signer, all contracts entered into by the City must be on file with the Clerk's Office Who should SIGN the contract? * * Contracts signed by the Dept Director still need to be routed through the Clerk's Office ** Purpose of Contract Supplies, Equipment, Non - Professional Services, and Information Services Public Works and Professional Services Authorized Signer L ess than $30,00 Dept Director** $ 30,000 or more City Manager Regardless of City Manager amount Council Approval Required: Contracts for legal services that are $30,000 or more Contracts for public works and professional services that are $50,000 or more Contracts for supplies, equipment, non - professional services and information services that are $100,000 or more Professional Service amendments that increase the cost of a contract by more than 10% or $50,000 (whichever is less) Public Works project change orders that exceed previously approved budgeted amount Public Works project change orders, if the contract total increases to $200,000 or more and the cumulative amount of change orders exceeds 10% of the original contract Interlocal agreements Date Scheduled for Council Consideration: NA Date Approved by Council: NA Dept of Origin: PW Dir ecto r Appr C Yes Staff Contact: Rosalie Wu Contract with: King C ounty Metro -Amendment #2 -W ayne Curve Project i1 Brief Description of Contract: Funding Agreement - to e xtend termination date. See attached email from R osalie Wu O Contract Amount: Budgeted Amount: $408;99A•#ttndit Project Code: Duration of Work: 80012000.03005 12/31/2007 Is this contract: One -time: X Certificate of Insurance Required: If Yes, Amount / Type of Insurance: BARS Code: From: 12/31/2009 Annual Renewal: YES X NO 305.00.595.10.6300.326 To: 12/31/2011 Ongoing, until party/parties cancel: If no, explain: Originator: When possible, please obtain Contractor signature first, then forward to Clerk's Office for rou in Signed by Contractor /Consultant on: b Forwarded to City Attorney on: S Reviewed /Signed by City Attorney on. 5 *W Forwarded to Finance on: Business License and Budget Review by Ted on: N Reviewed by Finance Director on: A Send SOW to Council (Y or N): Forwarded to City Manager on: 3 I Z5 Approved /Signed by City Manager on: Forwarded to City Clerk on: a /a� Signed by City Clerk on: Recv'd in Clerks: 3 Z Marled for Signature: ,2(. < r kri+ A.« OY1 it a l s Distributed to Dept: ► Distributed to Contractor: