HomeMy WebLinkAbout3580 RESOLUTION NO. 3 5 8 0
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, AUTHORIZING THE
MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT
WITH THE WASHINGTON STATE DEPARTMENT OF
TRANSPORTATION FOR THE SR 167 CORRIDOR
PROJECT ENVIRONMENTAL PROCESS: PHASE I:
PRELIMINARY SCOPING AND ALTERNATIVES
IDENTIFICATION
WHEREAS, the Washington State Department of Transportation
(WSDOT), King County (County); the City of Kent (Kent), and the City of
Auburn (Auburn) share interests in and responsibility for addressing long-term
transportation planning and wish to provide for planning and funding as
necessary to establish the future needs of the SR 167 Corridor in state and
regional transportation plans; and
WHEREAS, this corridor-based effort will identify alternative
transportation investment packages conforming to the Regional Transportation
Investment District (RTID) funding limits, including a proposed alternative,
aimed at relieving traffic congestion in the Green River Valley of South King
County, and result in a draft environmental scoping document and notice of
intent to meet federal project requirements; and
WHEREAS, completion of environmental scoping, environmental
documentation, preferred alternative decision, and Record of Decision will be
produced in subsequent phases; and
Resolution No. 3580
March 3, 2003
Page 1
WHEREAS, Auburn and Kent are contributing $33,000 each, the County
is providing $34,000 to this phase of the study, and funding of $400,000 has
been secured through the Puget Sound Regional Council.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. The Mayor is hereby authorized to execute an Interlocal
Agreement with the Washington State Department of Transportation for the SR
167 Corridor Project Environmental Process: Phase I: Preliminary Scoping
and Alternatives Identification, in the form substantially as the agreement
attached hereto, marked as Exhibit "A" and incorporated herein by this
reference.
Section 2.
That this Resolution shall take effect and be in full force
upon passage and signatures hereon.
Dated and Signed this i'~day o~, 2003.
PETER B. LEWIS
MAYOR
Resolution No. 3580
March 3, 2003
Page 2
ATTEST:
Da~ielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
Resolution No. 3580
March 3, 2003
Page 3
Exhibit 'A'
INTERLOCAL AGREEMENT
FOR SR 167 CORRIDOR PROJECT Environmental Process
Phase I: Preliminary Scoping and Alternatives Identification
PREAMBLE
THIS AGREEMENT ("Agreement") is entered into pursuant to Chapter 39.34 RCW by Auburn and
the Washington State Department of Transportation (WSDOT) for the purpose of planning for the future
improvements in the SR167 corridor between S. 180th Street on the north and 1-5 in Pierce County to the
south (see attached map). The primary study area is that portion of the described corridor within King
County. The project will be coordinated with other projects beyond the northerly terminus (1-405
Corridor Project) and the southerly terminus (the project to extend SR 167 to SR 509 in the Port of
Tacoma). The parties share interests in and responsibility for addressing long-term transportation
planning and wish to provide for planning and funding as necessary to establish the future needs of this
corridor in state and regional transportation plans.
PROJECT GOAL: This corridor-based effort will identify alternative transportation investment
packages conforming to the Regional Transportation Investment District (RTID) funding limits,
including a preliminary preferred option, aimed at relieving traffic congestion in the Green River Valley
of south King County. At a minimum, the following two major transportation issues will be addressed:
(1) freight mobility between the ports of Tacoma and Seattle and key commercial distribution centers
within and beyond the SR 167 corridor, and (2) planning for a reasonable level of service in the
designated corridor in accordance with the requirements of the Growth Management Act and in a
manner that allows SR 167 to accommodate 2030 projected travel demand within and through the
corridor. A draft environmental scoping document and notice of intent will be prepared to meet federal
project requirements. Completion of environmental scoping, an environmental documentation,
preferred alternative decision, and Record of Decision (ROD) will be produced in subsequent phases.
The work under this Agreement is preliminary and will depend on successful completion of a future
study that includes extensive involvement by agencies and the public.
1. DEFINITIONS.
provided for below:
MUTUAL CONVENANTS AND AGREEMENTS
For purposes of this Agreement, the following terms shall have the meaning
1.1
Exhibit 'A'
Resolution No. 3580
Page 1 of 5
EXECUTIVE COMMITTEE: The SR 167 Executive Committee is the
governing body of elected officials or their designated representatives responsible
for implementing this Agreement and shall be composed of designated
representatives of the parties to this Agreement and the designated representatives
of the Cities of Kent and Auburn, and King County provided that those parties
have executed agreements with WSDOT containing the same terms and
conditions as this Agreement including, without limitation, funding in the amount
of $33,000 per city and $34,000 by King County. It is anticipated that King
County, WSDOT, Kent and Auburn (once those parties have executed the
aforementioned agreements) will be the voting members of the Executive
Committee responsible for representing the views of jurisdictions having an
interest in imprOving transportation conditions in the corridor and making all
major decisions that guide the corridor study. Ex-officio members may be
1.2
1.3
1.4
designated as appropriate. The ex-officio members will have a voice to provide
guidance that represents regional perspectives for consideration by the voting
members, but no vote.
SERVICE PROVIDER: The Service Provider, which supplies staffing and
procures other resources to provide services necessary for the Executive
Committee, is WSDOT. WSDOT will designate a project manager for overall
conduct and coordination of the study. WSDOT in the role as Service Provider
will prepare or cause to be prepared all necessary environmental documentation.
FISCAL AGENT: The WSDOT will fimction as fiscal agent, and perform all
accounting services for the Executive Committee, as it may require, in
accordance with the requirements of Chapter 39.34 RCW.
PARTIES: Means the undersigned parties to this Agreement.
2. AGREEMENT.
This Agreement is entered into by Auburn and the Washington State Department of Transportation
(WSDOT).
This Agreement will serve as a written commitment of intent between the parties to identify alternative
transportation investment packages, including a preliminary preferred option, specific phases of which
can be built within the funding included in the RTID proposal, and documentation for future preparation
of environmental scoping and an environmental process for the SR 167 Corridor Project. Preparation of
the environmental process will be done in accordance with the National Environment Policy Act
(NEPA) and the Washington State Environmental Policy Act (SEPA), as appropriate.
3. SCOPE AND RESPONSIBILITY FOR PROJECT DEVELOPMENT
3.1 Organizational Structure
In order to provide direction and coordination between the consultant and the agencies
involved, the organizational structure and roles for accomplishing work under the
agreement shall be as follows:
The Executive Committee shall consider the information, views, and recommendations
provided by staff and provide overall policy direction, guidance and major decisions as
needed by the WSDOT. A Technical Advisory Committee may be identified to provide
support to the Executive Committee.
The project manager shall be responsible for overall project management, interagency
coordination and maintaining an overview of all consultant contract efforts. A project
management team made up of staff from WSDOT, King County, Auburn and Kent
(once those cities have executed the agreements described in Section 1.1) will support the
project manager.
3.2 Action Plan
The work covered by this Agreement includes development of alternatives, including
identification of a preliminary preferred option, expansion and updating an existing
Exhibit 'A'
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traffic model, screening of altematives, and scoping the remaining work. This work will
generally consist of preparation of a draft project purpose and work statement sufficient
to define the project goals, develop a scope of improvements and alternatives to be
studied in the environmental process, collect and assimilate known data about the
corridor, refine initial project cost estimates based upon known data, and coordinate
among jurisdictions to share such information and to refine project goals based upon
stakeholder input.
Future work, which may be done through amendments to this Agreement, is likely to
include preparation of environmental documents, identification of a preferred alternative,
a Record of Decision (ROD) and, if necessary, an Interstate access feasibility study.
3.3 Funding
Auburn is providing $33,000 to this phase of the study. Funding of $400,000 has been
secured through the PSRC. To complete the local match, it is anticipated that the city of
Kent will contribute $33,000, and King County will contribute $34,000 under the
separate agreements described in Section 1.1.
Auburn and WSDOT, as well as other local agencies, have provided and will continue to
provide in-kind services needed to determine the scope of work necessary to refine the
preliminary cost estimate of the proposed corridor improvements and prepare a scope of
work for the Phase I consultant contract, which will include a list of tasks and associated
costs required to qualify the Project for inclusion in the RTID by mid-2003.
Each agency commits the personnel for membership on the Executive Committee and its
agency review and approval process. This expense is considered separate from agency
contributions described above.
4. ENDORSEMENT. The parties to this Agreement will exercise best efforts to expedite
execution of legislation and agreements that may be necessary, if any, to prepare this study and the
environmental process to follow. Participation in this work in no way obligates them to fund
construction or implementation of any improvements. WSDOT and Auburn hereby agree to the terms
and conditions of this Agreement by having their representatives affix their signatures below. Other
jurisdictions may join in similar agreements in the future with the unanimous consent of the voting
members of the Executive Cormnittee in consideration of contributions to the furtherance of this work.
Such jurisdictions may become voting members of the Executive Committee with the unanimous
consent of the voting members of the Executive Committee.
5. EFFECTIVE DATE AND TERM. This Agreement shall become effective upon its execution
by the parties. Once effective, this Agreement covers the first phase of work as defined under an action
plan, which is to be developed under this Agreement.
6. MEETINGS. The Executive Committee will organize itself by selecting a Chairperson and a
project manager responsible for organizing and running scheduled meetings. Meetings will be called as
the chairperson determines that the project study requires in fulfillment of the committee's intended role.
The project manager shall be responsible for scheduling all meetings at a convenient time and in a
location central to the corridor. Rules for conduct of the Executive Committee will be determined by
Exhibit 'A'
Resolution No. 3580
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that committee after its formation. It is the intent of this Agreement that decisions be made by
consensus. If consensus cannot be reached, voting may be used to make decisions. A majority of the
voting members must concur in any decision.
7. HOLD HARMLESS AND INDEMNIFICATION. To the extent permitted by state law, and
for the limited purposes set forth in this Agreement, each party shall protect, defend, hold harmless and
indemnify the other party, its officers, elected officials, agents and employees, while acting within the
scope of their employment as such, from and against any and all claims (including demands, suits,
penalties, liabilities, damages, costs, expenses, or losses of any kind or nature whatsoever) arising out of
or in any way resulting from such party's own negligent acts or omissions related to such party's
participation and obligations under this Agreement. In the event of concurrent negligence between the
two parties, each party's liability shall be limited to the extent of its own negligence. Each party agrees
that its obligations under this subsection extend to any claim, demand and/or cause of action brought by
or on behalf of any of its employees or agents. For this purpose, each party, by mutual negotiation,
hereby waives, with respect to the other party only, any immunity that would otherwise be available
against such claims under the industrial insurance act provisions of Title 51 RCW. The provisions of
this subsection shall survive and continue to be applicable in the event of termination pursuant to
Section 13.
8. NO ASSUMPTION OF LIABILITY. In no event do the parties to this Agreement intend to
assume any responsibility, risk or liability of any other party to this Agreement or otherwise with regard
to any party's duties or responsibilities under any act, statute or regulation of any local municipality or
government, the State of Washington or the United States.
9. VOLUNTARY AGREEMENT. This is a voluntary agreement and it is acknowledged and
agreed that, in entering into this Agreement, no party is committing to adopt or implement any actions or
recommendations that may be contained in a Corridor Plan developed pursuant to this Agreement.
10. NO PRECLUSION OF ACTIVITIES OR PROJECTS. Nothing herein shall preclude a party
to this Agreement from choosing or agreeing to fund or implement any work, activities or projects
associated with any of the purposes hereunder by separate agreement or action, provided that any such
decision or agreement shall not impose any funding, participation or other obligation of any kind on a
party to this Agreement, who is not a party to that decision or agreement.
11, NO THIRD PARTY RIGHTS. Nothing contained in this Agreement is intended to, nor shall it
be construed to, create any rights in any third party, including without limitation the Executive
Committee, NMFS, USFWS, any agency or department of the United States, or the State of
Washington, or to form the basis for any liability on the part of the Executive Committee or any of the
parties, or their officers, elected officials, agents and employees, to any third party.
12. AMENDMENTS. This Agreement may be amended, altered or clarified only by the written
consent of the parties to this Agreement.
13. TERMINATION.
13.1
Auburn's obligations under this Agreement are contingent on WSDOT entering into
similar agreements with the Cities of Kent and King County, as described in Section 1.1.
Exhibit 'A'
Resolution No. 3580
Page 4 of 5
SR 167 VALLEY FREEWAY - PRIMARY PROJECT AREA MAP
13.2
If those agreements are not entered into within 120 days of the effective date of this
Agreement, this Agreement shall terminate without further action by either party.
Either party may terminate participation in this Agreement at any time by providing sixty
(60) days written notice to the other party. The terminating party shall remain fully
responsible for meeting all of its funding and other obligations through the end of the
calendar year in which such notice is given, together with any other costs that may have
been incurred on behalf of such terminating party up to the effective date of such
termination. This Agreement may be terminated at any time by the written agreement of
both parties.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective on the date last
written below.
By:
Its: Mayor
Date: ~..[ ~~
PO
Date: '~/'/o~ ~,/D 3
Aub g, r e fo
BY: ~/~~V/~x,,,~
City Attorney
Approved as to Form:
By: ~1~)/~_~/~.
St~-Attomey General
Exhibit 'A'
Resolution No. 3580
Page 5 of 5