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CC AGR 04-107-010 0 AMENDMENT No. 1 AGREEMENT BETWEEN THE CITY OF BOTHELL AND KING COUNTY FOR DESIGN AND CONSTRUCTION OF STATE ROUTE (SR) 522 PHASE 1 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 1 Improvement Project at 96` Avenue Northeast on February 2, 2005 (hereinafter referred to the "Agreement "); Whereas, the Agreement authorized the City, to implement a transit signal priority system within the larger framework of the City's "SR 522 Phase 1 Project at 96` Avenue Northeast" (hereinafter referred to as the Project); Whereas, the Project has experienced delay in the award for construction beyond the Agreement's scheduled termination date of December 31, 2007: Whereas, there are no cost and scope implications to the original project envisioned under the Agreement; 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, 2009. If the County exercises this option, it will not owe the City any portion of the $400,000 payment identified in Section 3 above. 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. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. I to the "Agreement between the City of Bothell and King County for Design and Construction of State Route (SR) 522 Phase 1 Improvement Project at 96` Avenue Northeast" this -_ day of Der— 2007. City of of tZ —Z' — O `7 obert Stowe, City Manager City of Bothell Date King ty By -" Kevin Desmond ,General anager Date King County Metro Transit Division CITY CLERK'S CITY OF BOTHELL ORIGINAL O - 7 -zUl Interagency Agreement AGENDA BILL SUMMARY ROUTING SLIP " Y Meeting Date: December 18, 2007 Subject: Consider Approval of the Amendment No. 1 to the Agreement between the City of Bothell and King County for SR 522 Stage 1 Improvement Project at 96th Avenue Northeast Extending the Termination Date Date City Manager Reviewed & Approved Draft E -Mail Version: Approved by Department Director: (Signature) Route to City Clerk for all additional reviews If applicable: Amount of Expenditure: NA BARS #: Reviewed and Approved by Finance: (Signature) Reviewed and Approved by Legal: Reviewed by Clerk Division: Final City Manager Review: (Signature) (Signature) Special Audio/Visual Needs (equipment already available: document camera, laptop and Power Point projector): Bothell City Council AGENDA BILL SUMMARY Meeting Date Action Item: X December 18, 2007 Study Session Item: Special Presentation: (O( Op� AB #07- Subject: Consider Approval of the Amendment No. 1 to the Agreement between the City of Bothell and King County for SR 522 Stage 1 Improvement Project at 96th Avenue Northeast, Extending the Termination Date Budget Impact and Source of Funds: $400,000 from King County Metro. Contact Person /Department: Eddie Low P.E. City Engineer, Public Works Department EXECUTIVE SUMMARY: King County Metro entered into an agreement with the City of Bothell to contribute $400,000 in construction funds toward transit signal priority and related improvements associated with the SR 522 Stage 1 (formerly known as Phase 1) project to improve transit operations and access to transit stops. This amendment extends the original termination date of December 31, 2007 to December 31, 2009. This will allow funds reserved in the County budget to pay for the work in 2008 and 2009. The City is currently at 90% completion of the design phase and working on right -of -way acquisition. Construction is not scheduled until 2008, contingent on completion of right -of -way acquisition. COUNCIL PROCESS: • Council Consideration as part of the Consent Agenda. HISTORY: In December 2004, Council approved the Agreement with King County for design and construction of transit priority improvements for the SR 522 Stage 1 project. RECOMMENDED ACTION: ``) Authorize the City Manager to enter into Amendment No. 1 to extend the termination date of the Agreement with King County for design and construction on SR 522 Stage 1 project. Agenda Bill Summary Subject: Consider Approval of the Amendment No 1 to the Original Agreement between King County and the City of Bothell for SR 522 Stage 1 Improvement Project at 96th Avenue Northeast Extending the Termination Date Meeting Date: December 18, 2007 ATTACHMENTS: 1. Amendment No. 1 to the Agreement between King County and the City of Bothell 2. Agreement with King County City Manager Approval: Date: G:\ GROUPS \PW\Word\ABs -Ords- Res \2007ABs \December 07 \KCSR522Terminationdate 12- 18Page 2 of 2 CONTRA -7T & AGREEMENT ROUT_NG FORM • 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? � � i._. _ j ;i 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? — Contrac signed by th Dept Director still need to be r outed through the Clerk's Office " Purpose of Contract Supplies, Equipment, Non - Professional Services, and Information Services Public Works and Professional Services Authoriz Signe L ess t $ 30,000 Dep Director" $30,000 o mo Ci ty Man Les than $30,000 City Manager $30,000 or more I City Manager Does my contract need to go to Council? Contracts for supplies, equipment, non - professional services and information services that are $100,000 or more Contracts for public works and professional services that are $30,000 or more Supplements or amendments that extend the budgeted amount Interlocal agreements Date Scheduled for Council Consideration: 12/18/07 Date Approved by Council: 12/18/07 Department of Origin: Public Works Staff Contact & Ext #: Eddie Low ext. 4464 Contract with: King Co unty Brief Description of Contract: Amendment No. 1 for design and const of SR 522 Phase 1 at 96th ave NE Extend Termination date Contract Amount: Budgeted Amount: Project Code: BARS Code: Duration of Work: From: To: Is this contract: One -time: _x Annual Renewal: Ongoing, until party /parties cancel: Certificate of Insurance Required: YES NO If no, explain: If Yes, Amount / Type of Insurance: Originator: Please obtain Contractor signature first, then forward to Clerk's Office for routing Signed by Contractor /Consultant on: Forwarded to City Attorney on: Reviewed /Signed by City Attorney on: Forwarded to Finance on: Business License and Budget Review by Ted on: Reviewed by Finance Director on: Forwarded to City Manager on: Approved /Signed by City Manager on: Forwarded to City Clerk on: Signed by City Clerk on: Division Use Only