HomeMy WebLinkAbout5394 ORDINANCE NO. 5 3 9 4
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, APPROVING PORT OF TACOMA
FUNDS AS PROVIDED IN THE INTERLOCAL AGREEMENT
BETWEEN THE CITY AND THE PORT OF TACOMA FOR PR
529, 3"~> STREET SW GRADE SEPARATION AND PR 562, S
277th STREET IMPROVEMENT PROJECTS.
WHEREAS, the City Council of the City of Auburn must adopt and
approve all appropriations by Ordinance pursuant to Chapter 35A.33 RCW; and
THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. Purpose. Pursuant to Chapter 35A.33 RCW, the City
Council hereby approves the expenditure and appropriation of Port of Tacoma
Funds in the amount of $3,520,000 for construction of the 3"~ Street SW Grade
Separation Project (PR 529) and the S. 277t~ Street Improvement Project (PR
562). The Mayor and City Clerk are hereby authorized to execute the Interlocal
Agreement between the City and the Port of Tacoma approving said
Agreement, and to administratively negotiate the final form of the Agreement
with no substantial changes. A copy of said Agreement is attached hereto as
Exhibit "A" and is incorporated herein by reference. The Mayor and City Clerk
are also authorized to approve and execute any future supplemental
Ordinance No. 5394
May 16, 2000
Page 1
agreements thereto required for completion of phases of the project, including
but not limited to design, right-of-way, and construction.
Section 2. Severability. The provisions of this ordinance are
declared to be separate and severable. The invalidity of any clause, sentence,
paragraph, subdivision, section or portion of this ordinance, or the invalidity of
the application thereof to any person or circumstance shall not affect the validity
of the remainder of this ordinance, or the validity of its application to other
persons or circumstances.
Section 3. Implementation. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out
the directions of this legislation.
Section 4. Effective date. This ordinance shall take effect and be in
force five (5) days from and after its passage, approval, and publication, as
provided by law.
Ordinance No. 5394
May 16, 2000
Page 2
INTRODUCED: June 5, 2000
PASSED: June 5, 2000
APPROVED: June 5, 2000
CHARLES A. BOOTH
MAYOR
ATTEST:
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
Michael J. Reynolds,
City Attorney
PUBLISHED:
Ordinance No. 5394
May 16, 2000
Page 3
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Return Address: 2ee z2.ee
Auburn City Clerk Pt:iGE eet
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City of Auburn KZNO C0U ,
25 West Main St,
Auburn, WA 98001
RECORDER'S COVER SHEET
Document Title(s) (or transactions contained therein):
INTERLOCAL AGREEMENT FOR FAST CORRIDOR FUNDING BY &
BETWEEN THE PORT OF TACOMA AND CITY OF AUBURN (ORD 5394)
Reference Number(s) of Documents assigned or released:
E]Additional reference #'s on page __ of document
~ Grantor{s)lBorrower(s) (Last name first, then first name and initials)
· " CITY OF AUBURN & PORT OF TACOMA
G//Z / 7- I?_--
GranteelAssigneelBeneficiary: (Last name first)
CITY OF AUBURN & PORT OF TACOMA
Legal Description (abbreviated: i.e. lot, block, plat or section, township, range)
N/A
[] Additional legal is on page of document.
Assessor's Property Tax Parcel/Account Number Se~d document(e) were flied for
nacofd by Pacific Northeft Title e6
N/A eccemmod~i,:,~ c~y. tt r~ .,~ been
examined ~ .~. pr~,~>,~r execulon er
[] Assessor Tax # not yet assigned
INTERLOCAL AGREEMENT FOR
FAST CORRIDOR FUNDING
BY AND BETWEEN
THE PORT OF TACOMA AND CITY OF AUBURN
THIS INTERLOCAL AGREEMENT FOR FAST CORRIDOR FUNDING ("Agreement") is
entered into by and between the Port of Tacoma, a port district organized under the laws of the
State of Washington, and City of Auburn, a municipal corporation.
RECITALS
A. The City of Auburn and the Port of Tacoma are both participants in the FAST Corridor
Memorandum of Understanding pledging mutual support for projects designed to
enhance freight mobility along the Tacoma-to-Everett rail corridor.
,---'~ B. One of the underlying goals of the FAST Corridor Memorandum of Understanding and
~ its identified priority projects is to increase the efficiency of the Everett to Tacoma
· --- transportation corridor and thereby reduce the congestion that is currently impeding
c.:. freight movement and, particularly, movement of containerized freight.
C";, '
C. The Port of Tacoma continues to experience rapid growth of containerized freight
movement and is adding capacity for further growth in this area.
c2 D. The City of Auburn, working in. conjunction with The FAST Corridor Partnership, has
~:.r, identified projects known as PR529, SR18/'C' Street SW Interchange and 3~d St. SW
"q Grade Separation (a.k.a. 3~ Street SW Grade Separation Project) and PR562, South 277'h
Street Reconstruction Project. These two projects will result in the closure of three (3)
at-grade railroad crossings and allow for more efficient rail and vehicular traffic within
the City of Auburn and within the Everett ~ Tacoma FAST Corridor.
E. The Projects are designated as FAST-Corridor Projects for Immediate Implementation
and of "immediate priority" in the FAST Corridor Memorandum of Understanding.
F. The Projects will alleviate a significant limitation on efficient freight movement,
including containerized freight, in the FAST Corridor.
G. Because of benefits it will receive from more efficient movement of freight to and from
its port facilities, the Port of Tacoma has agreed to fund a portion of the design,
right-of-way acquisition and construction of the Projects as part of its role in the FAST
Corridor series of projects to enhance freight mobility.
H. The parties are authorized, pursuant to Chapter 39.34 RCW, to enter into interlocal
governmental cooperative agreements. In this Interlocal Agreement, it is the intention of
the City of Auburn and the Port of Tacoma to identify the commitment and timing for
Port of Tacoma funding for the Projects.
FOR GOOD AND VALUABLE CONSIDERATION, the receipt and sufficiency of which are
hereby acknowledged, the City of Auburn and the Port of Tacoma agree as follows
1. Project Descriptions.
a. PR529, SRI8/'C' Street Interchange and 3rd St. SW Grade Separation Project:
Realignment of the WB ramp from SR 18 to intersect with existing 3~d Street/'C' Street
SW and the BNSF rail line. Widening of 3~a St. SW and 'L' St. SW to 4 lanes with !eft
turn lanes at the intersection. Grade separation of 3ra St. SW on BNSF Railroad crossing.
The major items of work include 5 new bridge structures and fill/walls associated with
the structures.
b. South 277th Street Reconstruction
Reconstruct 2-lane roadway to 4 lanes, with left-turn lanes at intersections and Class I
bicycle' facilities. Also includes grade separations at UP and BNSF railroad crossings.
Two new bridge structures, intersecting road relocation/regrading, floodplain/wetland
mitigation, and utility relocation are other associated items of work.
2. Project Management and Ownership. The management of the Projects shall be entirely
undertaken by the City of Auburn. The design, right-of-way acquisition, and construction of
the Projects shall follow the contracting requirements applicable to ISTEA and TEA-21
funding, and the contracting procedures of the City of Auburn. The City of Auburn will be
the lead agency responsible for environmental review and permit issuance. The City of
13 Auburn will own the Projects upon completion. The Port of Tacoma shall not have
c-q responsibility for administration of the Projects. All property acquired during the pendency of
"' this Interlocal Agreement shall belong to the City of Auburn or others as those parties may
c=, agree.
rz, 3. Project Schedules. The PR529, SR18/'C' Street SW Interchange and 3rd St. SW Grade
~" Separation Project is anticipated to begin construction in August 2000. The PR562, 277hh
Street Reconstruction Project is anticipated to begin construction in Spring of 2001.
· ~ 4. Port of Tacoma Funding of PR529, SR18/'C' Street SW Interchange and 3ra St. SW
~'~ Grade Separation Project and PR562, 277th Street Reconstruction Project. The Port of
Tacoma hereby agrees to provide funding in the amount of $3,520,000.00 to the City of
Auburn to be used for the sole purpose of these projects' expenditures. It is estimated that
approximately 1.4 million will be allocated towards 277m Street Reconstruction for
completion of right-of-way and 2.12 million is allocated towards construction of SRI8/'C'
Street SW 3ra St. SW Grade Separation. This funding commitment on behalf of the Port of
Tacoma is subject to the terms and conditions of this Interlocal Agreement. The City agrees
to return any unused funding to the Port of Tacoma after completion of both projects.
5. Timing of Port of Tacoma Funding Contribution. Payments made by the Port of Tacoma
shall be remitted, when due, directly to the City of Auburn who shall be responsible for the
proper application of those payments to the Projects. The City of Auburn billings shall be no
more frequent than once a month and should reflect costs incurred to date. The City of
Auburn's annual billings shall not exceed the Port of Tacoma's budget per the Table below.
If and when annual billings are less than the budgeted amount for one year, the remaining
amount shall. be available for billings in the following years' budget. The Port of Tacoma
sh1~ll provide its funding contribution for the Projects according to the following schedule
provided that if the project schedules are revised, the timing of the Port's contribution will be
revised accordingly:
Port of Tacoma Annual Budget Year
$1,520,000.00 2000
$1,000,000.00 2001
$1,000,000.00 2002
6. Project Reports. Upon request, the City of Auburn shall provide to the Port of Tacoma
reports identifying the project costs relative to percentage of completion. The Project records
shall be available for review or audit by the Port of Tacoma during the term of this
Agreement and for three years after termination.
7. Other Funding. The Projects are estimated to cost $70 million inclusive of the Port of
Tacoma funding. The City of Auburn, in conjunction with The FAST Partnership, shall
continue to pursue the other funding components to complete the Projects. Regardless of the
funding from other sources, the Port of Tacoma funding contribution shall not increase but
shall remain at 3,520,000 Dollars.
8. Relationship Between the Parties. The sole responsibility of the Port of Tacoma pursuant to
this Interlocal Agreement is to provide the funding contribution identified. Nothing herein
creates a partnership between the City of Auburn and the Port of Tacoma or otherwise
authorizes either party to obligate the other. The Port of Tacoma is not responsible for any
design, fight-of-way acquisition, relocation requirements, if any, or construction of the
projects. The City of Auburn shall defend, indemnify and save harmless the Port of Tacoma
from any claims or litigation arising out of the design and construction of the projects.
9. Duration. This Interlocal Agreement shall remain in force during the design and until
completion of construction of the Projects or until August 15, 2003, whichever shall occur
fn'st. Upon expiration of this Interlocal Agreement, all property shall remain with the City of
Auburn and/or the Port of Tacoma as their interests may be determined by agreement
between those parties.
10. Authority. Each signatory hereto represents and warrants that he/she has the requisite
authority to sign this Interlocal Agreement on behalf of his/her respective agency and that the
proper official action has been taken to implement that authority.
11. Dispute Resolution. If the parties are unable to resolve a disagreement between them arising
out of this Agreement, the parties will refer the matter to an independent third party selected
by them for resolution. Such referral shall be a condition precedent before either party resorts
to other remedies it may have.
12. Severability. If any term or provision of this Agreement is ruled invalid or unenforceable,
the remainder of this Agreement will not be affected and will continue in full force and effect.
13. Integration and Amendment. This writing contains all the terms and conditions agreed
upon by the parties. No other understandings, oral or otherwise, regarding the subject matter
.... of this Agreement shall be given validity. The parties may amend this Agreement by written
instrument signed by authorized representatives of the parties.
14. Filing. Upon execution by the parties, an original of this Interlocal Agreement shall be filed
by the City of Auburn with the King County Auditor pursuant to RCW 39.34.040.
W REFO , the parties have executed this Interlocal Agreement this
?~E, 2000.
PORT OF TACOMA CITY OF AUBURN
Charles A. Booth
Executive Director Mayor
;ORM:
Michael J. Reynolds
City Attorney
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