HomeMy WebLinkAboutITEM III-ACITY OF
AGENDA BILL APPROVAL FORM
* WASHINGTON
Agenda Subject: Date:
Resolution No. 4680 January 28, 2011
Department: Attachments: Budget Impact: Public Works Resolution No. 4680 $ 0
Administrative Recommendation:
City Council to introduce and adopt Resolution No. 4680.
Background Summary:
Resolution No. 4680 authorizes the Mayor to enter into a interlocal agreement with the Port of Seattle for
the purpose of funding and constructing the M Street SE Grade Separation Project.
The M Street SE Grade Separation Project is a FAST Phase 2 project for which the Ports of Seattle and
Tacoma have each agreed to contribute $771,400 to the project construction phase, which is 3.5% of the
original project cost estimate amount, $20,400,000.
W0207-6
Reviewed by Council & Committees: Reviewed by Departments & Divisions:
❑ Arts Commission COUNCIL COMMITTEES: ❑ Building ❑ M&0 ❑ Airport ®Finance ❑ Cemetery ❑ Mayor
❑ Hearing Examiner ❑ Municipal Serv. ❑Finance ❑ Parks
❑ Human Services ❑ Planning & CD ❑ Fire ❑ Planning ❑ Park Board ®Public Works ®Legal ❑ Police
❑ Planning Comm. ❑ Other ®Public Works ❑ Human Resources
Action: Committee Approval: ❑Yes ❑No
Council Approval: ❑Yes ❑No Call for Public Hearing I l
Referred to Until I l Tabled Until I I
Councilmember: Wa ner Staff: Dowd
Meetin Date:: Februa 2011 Item Number:
k t + •1~
RESOLUTION NO. 4680
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO
EXECUTE AN INTERLOCAL AGREEMENT WITH THE PORT
OF SEATTLE FOR THE PURPOSE OF FUNDING AND
CONSTRUCTING THE M ST SE GRADE SEPARATION
PROJECT (C201 A)
WHEREAS, the assurance of continuing freight movement throughout Puget
Sound is an issue of critical strategic importance to the City of Auburn ("City") and to
the Port of Seattle ("Port"); and
WHEREAS, the Port, the State of Washington ("State"), King County
("County"), the Port, the City, and other local jurisdictions have developed and signed
the 2002 Freight Action Strategy Memorandum of Understanding for Phases I and II
of the FAST Corridor ("FAST MOU") which collectively commits approximately Two
Hundred and Sixty Three Million Dollars ($263,000,000.00) for grade separation and
other road and rail improvements listed as FAST Corridor Phase II projects; and
WHEREAS, the City proposes to grade separate Street SE in the City from the
BNSF Stampede Pass rail line, which will provide substantial benefits to the Port; and
WHEREAS, the Port, as part of the FAST MOU, agreed to contribute Seven
Hundred and Seventy One Thousand Four Hundred Dollars ($771,400) towards the
construction of the Project; and
Resolution No. 4680
January 28, 2011
Page 1
WHEREAS, the City is the lead agency and is responsible for the planning,
review, design, permitting, right-of-way acquisition and construction of the M Street
SE Grade Separation Project, hereinafter referred to as the "Project".
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 I nterlocal
Agreement with the Port of Seattle for the purpose of completing the construction of
the M St Grade Separation Project, in substantial conformity with the agreement
attached hereto, marked as Attachment "A" and incorporated herein by this
reference.
Section 2. That the Mayor is authorized to implement such other
administrative procedures as may be necessary to carry out the directives of this
legislation.
Section 3. That this Resolution shall take effect and be in full force upon
passage and signatures hereon.
Resolution No. 4680
January 28, 2011
Page 2
Dated and Signed this day of , 2010.
CITY OF AUBURN
PETER B. LEWIS
MAYO R
ATTEST:
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
Daniel B. Heid,
City Attorney
Resolution No. 4680
January 28, 2011
Page 3
Interlocal Agreement between Port of Seattle and City of Auburn for the M Street SE Grade Separation Project
INTERLOCAL AGREEMENT BETWEEN PORT OF SEATTLE AND CITY OF
AUBURN FOR M STREET SE GRADE SEPARATION
This Interlocal Agreement ("Agreement") is made and entered into by the City of Auburn, a
municipal corporation of the State of Washington, hereinafter called the "City", and the Port of
Seattle, a municipal corporation of the State of Washington, hereinafter called the "Port". As used
in this Agreement, "Project" means the construction of those elements associated with the grade
separation of M Street SE from the Burlington Northern Santa Fe Railway (BNSF) Stampede Pass rail line that benefit the movement of freight and goods as further described in Section
1.2.
The Port and the City are also referred to in this Agreement collectively as "the Parties", and
individually as a "Party".
RECITALS
WHEREAS, the assurance of continuing freight movement throughout Puget Sound is an
issue of critical strategic importance to the City and to the Port.
WHEREAS, the Port, the State of Washington (State), King County (County), the Port of
Tacoma, the City, and other local jurisdictions have developed and signed the 2002 Freight Action Strategy Memorandum of Understanding for Phases I and II of the FAST Corridor ("FAST
MOU") which collectively commits approximately Two Hundred and Sixty Three Million Dollars
($263,000,000.00) for grade separation and other road and rail improvements listed as FAST
Corridor Phase II projects (See Exhibit A for a copy of the agreement and the Resolution adopting
the agreement);
WHEREAS, the Project is listed on Attachment B to the 2002 FAST MOU (included in
Exhibit A of this document) among the FAST Corridor Phase II projects for immediate
implementation;
WHEREAS, the Project, a grade separation of M Street SE in Auburn from the BNSF Stampede Pass rail line, will provide substantial benefits to the Port in the following ways. It will:
• Support longer and more frequent trains on the Stampede Pass rail line;
• Reduce delays on M Street SE to trucks carrying freight deliveries;
• Reduce conflicts between rail and vehicle traffic modes;
• Enhance overall freight mobility; and
• Improve safety and traffic flow for all travel modes.
WHEREAS, the Port, as part of the FAST MOU, agreed to contribute Seven Hundred and Seventy One Thousand Four Hundred Dollars ($771,400) towards the construction of the
Project;
NOW, THEREFORE, the Parties agree as follows:
Resolution 4680 - Attachment A 1
Interlocal Agreement between Port of Seattle and City of Auburn for the M Street SE Grade Separation Project
1. SCOPE OF WORK
1.1. Project Title: M Street SE Grade Separation
1.2. Description: The Project is one of the package of 10 "FAST Corridor Phase II" rail
separation and Port access projects. The project will lower M Street SE below the BNSF
Stampede Pass rail line to eliminate an at-grade crossing, construct rail improvements,
bridges, walls, relocate utility and stormwater facilities to accommodate the underpass,
widen M Street SE at the crossing to five lanes with sidewalks and bicycle lanes, and
replace the traffic signal at the intersection of 4t" Street SE and M Street. Elements of mutual benefit to the Parties are further illustrated in Exhibit B.
1.3. Schedule: Pending availability of funding, the Project will be advertised in late 2011, with
construction starting in early 2012. Construction completion is scheduled for the 2nd
Quarter of 2013, at which time the grade separation will be fully operational.
2. TERMS AND CONDITIONS
2.1. Lead Agency: The City shall be the lead agency for ensuring Project compliance with the
State Environmental Policy Act (SEPA) and National Environmental Policy Act (NEPA), and shall be responsible for obtaining all necessary permits andlor agreements. As lead
agency, the City shall be responsible for accomplishing all aspects of the Project scope.
2.2. Contact Persons: The Parties to this Agreement shall designate person(s) to act as
liaison for the Project. The contact persons shall meet on a mutually agreed upon, scheduled basis at a frequency appropriate to the phase and status of the Project.
2.3. Schedule/Scope: The scope and schedule for the Project shall be mutually agreed upon
by the City and Port. All scope and schedule changes shall be coordinated by the City
using a formal documentation process. Construction change orders that do not change
Project functionality and benefits to the Port, or the overall scope or general schedule of the project will not require coordination or documentation with the Port. Any changes to
the functionality of the Project and benefits to the Port, as listed above under Section
1.2, and further illustrated by the description of project benefits, the project drawing, and
stamped channelization plan provided in Exhibit B, shall require approval by the Port.
2.4. Progress Report: The City shall provide the Port with a copy of the approved baseline Critical Path Method (CPM) schedule, contract bid items or summary of values, and
project cash flow forecast of the construction progress payments. At the time application
for payment is made, the City shall provide to the Port a progress report. The progress
report will include a narrative describing the project progress since the last report, an
updated CPM construction schedule showing the current progress and percent complete of the major work elements, and a construction payment schedule. The construction
payment schedule will include a listing of the contract bid items or a schedule of values
and a tabulation of the construction progress payments made on the respective contract
bid items. The construction progress tabulation will include the contract bid item
amounts, amounts previously paid on the contract per bid item, the current contract bid
item payment request, and the total amounts paid on the bid items.
2.5. Agency Coordination: The City anticipates that interagency agreements may be
required with the Port of Tacoma and BNSF. The Port agrees to support the City to the
extent practical in the City's pursuit of such interagency agreements andlor permits.
Resolution 4680 - Attachment A 2
Interlocal Agreement between Port of Seattle and City of Auburn for the M Street SE Grade Separation Project
2.7 Desi_.nq Changes: The City shall not order or approve any design changes that negatively
affect rail movements or vehicular traffic level of service, or otherwise reduce the benefits
of the Project to the Port as listed in Section 1.2, and further illustrated in Exhibit B, without
first obtaining the Port's written approval for these design changes. The City shall inform
the Port of any design change that could reduce the Port's anticipated benefit. The City shall provide the Port with copies of the proposed design change for the Port's review,
comment and approval. The Port shall provide the City with comments within two weeks
of its receipt of the proposed design changes. If the Port offers comments or exceptions to
the proposed plans, the Port further agrees to participate in meetings scheduled by the
City to resolve the Port comments and exceptions in order to maintain the benefits to the
Port as listed in Section 1.2, and further illustrated in Exhibit B.
2.8 Ownership and Maintenance: Except for those project improvements owned by BNSF or
other private parties, the City shall own all Project improvements and shall be responsible
for the reasonable maintenance of the Project.
3 COST REIMBURSEMENT AND FUNDING
The Port agrees to contribute Seven Hundred and Seventy One Thousand and Four Hundred
Dollars ($771,400) toward the construction of the Project under the following conditions:
1. All environmental review and permitting has been successfully completed, documented
and not subject to any appeal or legal challenge;
2. The Port and City continue to work together to ensure that the Project developments
during construction meet the needs of both parties including, but not limited to,
construction staging and local freight circulation; 3. The Port is satisfied that the Project, as constructed, provides the benefits to the Port
identified in the preamble of this Agreement and;
4. The Port Commission authorizes the execution of this Agreement and the payment of
Seven Hundred and Seventy One Thousand Four Hundred Dollars ($771,400) for the
Project costs.
If the Port Commission authorizes a contribution of $771,400 toward construction of the Project,
the Port shall make two payments as follows:
The first payment of $385,700 after the City has made aggregate of progress payments totaling at
least 50% of the overall construction cost for completed construction. The second payment of
$385,700 upon receipt of the final progress report and a letter from the City Project Manager certifying the Project is substantially complete, supported by a progress report.
The City shall certify the project has reached Substantial Completion by sending the Port a copy
of the letter from the City's Engineer to the Contractor establishing the Substantial Completion
date, as required by the City of Auburn 2010 Standard Specifications. (See Exhibit C) Upon receipt of the letter, the Port reserves the right to request an inspection of the Project,
to confirm
the project improvements, as defined in Section 1, Scope of Work, and Exhibit B, are in place and
fully operational. To allow the City to proceed with the construction contract approval process in a
timely manner, if the Port has not conducted said inspection and provided the City with any
comments within seven days of the established substantial completion date, the Port does
waive the right to request and perform said inspection.
4 AMENDMENT
Either Party may request changes to the provisions contained in this Agreement. Any change to
this Agreement must be mutually agreed to by both Parties, in writing and executed with the same formalities as the original Agreement.
Resolution 4680 - Attachment A 3
Interlocal Agreement between Port of Seattle and City of Auburn for the M Street SE Grade Separation Project
5 NOTIFICATION
Any notice required or permitted to be given pursuant to this Agreement shall be in writing, and
shall be sent postage prepaid by U.S. Mail, return receipt requested, to the following addresses
unless otherwise indicated by the Parties to this Agreement:
To the CITY: Jacob Sweeting, Project Engineer
City of Auburn
Public Works Department
25 West Main Street
Auburn, WA 98001
To the PORT: Christine Wolf, Transportation Program Planner
Seaport Leasing and Asset Management
Port of Seattle
2711 Alaskan Way Seattle, WA 98121
6 RECORDS RETENTION AND AUDIT
During the progress of the work on the Project and for a period not less than three (3) years from the date of final payment by the Port to the City, the records and accounts pertaining
to the
Project and accounting thereof are to be kept available for inspection and audit by the Port and
the City shall provide the Port with copies of all records, accounts, documents, or other data
pertaining to the Project upon the Port's request. If any litigation, claim, or audit is commenced,
the records and accounts along with supporting documentation shall be retained until all litigation, claims, or audit finding has been resolved, even though such litigation, claim, or
audit continues
past the typical three year retention period. This provision is not intended to alter or amend
records retention requirements established by applicable state and federal laws.
7 DISPUTES
The designated representatives herein under section 5.0, NOTIFICATION, shall use their best
efforts to resolve disputes between the Parties. If the designated representatives are unable to
resolve a dispute, then the responsible department or division directors for each Party shall
review the matter and attempt to resolve it. If the department or division directors are unable to
resolve the dispute, the matter shall be reviewed by the public works director or chief executive officer of each Party or his or her designee. The Parties agree to exhaust each of these
procedural steps before seeking to resolve disputes in a court of law or any other forum.
8 EFFECTIVENESS AND DURATION
This Agreement is effective upon the date of execution by both Parties and will remain in effect
until Completion of the Project, unless otherwise stated herein or unless amended or terminated.
9 TERMINATION
Either Party may terminate this Agreement at any time upon thirty (30) days written notice to the
other Party. If either Party decides to terminate this Agreement, the Port shall reimburse the City
for all costs payable under this Agreement and all non-cancelable obligations that the City
incurred prior to receiving the Port's notice of its intent to terminate this Agreement. For the purposes of this Agreement, "non-cancelable obligations" are defined as those costs that
the City
Resolution 4680 - Attachment A 4
Interlocal Agreement between Port of Seattle and City of Auburn for the M Street SE Grade Separation Project
is obligated to pay as of the day that either Party provides notice that it is terminating this
Agreement, including the Port's percentage of the total cost of any phase of the Project that the
City has commenced prior to the Port's notice of termination, whether or not such phase has
reached Completion.
10 INDEMNIFICATION AND HOLD HARMLESS
10.1 To the maximum extent permitted by law, the City shall protect, defend, indemnify, and
hold harmless the Port, its officers, officials, employees, and agents from any and all
costs, claims, demands, suits, actions, judgment, and/or awards of damages, including but not limited to reasonable attorney's fees, to the extent arising out of, or in any way
resulting from, the City's own negligent acts or omissions.
10.2 The City agrees that its obligations under this section 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, the City hereby waives, with respect to the Port only, any immunity that
would otherwise be available against such claims under the Industrial Insurance
provision of Title 51 RCW to the extent necessary to provide indemnification as
required under this Agreement.
10.3 The indemnification, hold harmless, and/or waiver obligation described in this Agreement in paragraphs 10.1 and 10.2 shall survive the termination of this
Agreement.
11 VENUE
This Agreement shall be deemed to be made in the County of King, State of Washington, and the
legal rights and obligations of the City and Port shall be determined in accordance with the laws
of the State of Washington. All legal actions in connection with this Agreement shall be brought
in the County of King, State of Washington.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement which shall be
effective upon the date of recording.
Resolution 4680 - Attachment A 5
Interlocal Agreement between Port of Seattle and City of Auburn for the M Street SE Grade Separation Project
PORT OF SEATTLE CITY OF AUBURN
Tay Yoshitani, Chief Executive Officer Peter B. Lewis, Mayor
Date: Date:
APPROVED AS TO FORM:
Port Attorney City Attorney
Date: Date:
ATTEST:
City Clerk
Date:
Resolution 4680 - Attachment A 6
Interlocal Agreement between Port of Seattle and City of Auburn for the M Street SE Grade Separation Project
Exhibit A -Port of Seattle Commission Resolution No. 3500,
authorizing the 2002 FAST MOU
Resolution 4680 - Attachment A Exhibit A-1
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~~~~TI~ ~ the .Port ~orr~mi.ssion of the Port Beattie authorising the
thief executive ~ffcer to enter into a ~enorandu~ of
~Jndcrstanding for Phases and I~ of the Frei~t Action ~trateg,~ for the Beattie-Tacoma ~`~'A~T"} ~o~idor,
~~~'~A~, the assurance of continued freight and passenger n~obiiit~ throughout the
Fc~get Sound is an issue of critical strategic irnrtance to the Porn and
~~~~A, the Part ~ Beattie has wined with athcr agencies and pvate partners in
the eight Action Strategy far Seattle and Tacam~ (`~~'AST'' ~'o~idor pa~nership; and
~~~~A~, this partnership has resulted in the completion of several of the grade
sepa~ratic~ns and pert access praects, and substantive progress on the remaining projects
envisioned in Phase and ~ .
~~~1~AS, representatives ofthe Part of Seattle; the'ashingtan Mate ~epartm~er~t
of Trans ~rtatian ~'~t~T~, Frei ht Ivhilit ,~trate is nvestrnent Eoard ~~~IE ,and
Transportati~vn improvement Eoard TIB; the Puget Saun~.~~g~c~nal t~ou~r~cil, the ports of
Tacoma and Everett, ding 'ountr~ Pi~~~:;.'~~ntr; and ~~~~riarntsh bounty, The Eurlington •A ~ r , , s
ti« ~"orthern Santa Pe ,~~~ay ~ornp~r~~r.ath~~ ~;';,i~n Pacific railroad company, the'~ashington
.w,
Tr~c~ing Asoeia~an, a~~a ~~i~ cities a~Tacorna, fife, Puyallup, ,~urnner, Pacific, A1gan~ r
Auburn, ~er~t, ~enton,~'ukwila, Seattle and Everett, ail located along the Everett-eattle-
Tacoma condor, have reached c~nscnsus and recom~nendcd the p~jects shown in
Attachment E to E~chbit A of tl~~s resc►luti~r~ as a Phase ~ pr~grarn prc~j~cts for ,an
ir~tegr~ted fr~~ght r~uhility strategy; and
~~EREA~, de~ai led pracedur~s far funding and disbursement of funds and other
factors among the FAST ~o~idor p~.rtners will come before the Port ornm~ssion for review
and approval on a project by p~ect oasis;
~1~~', T~~~~~~, by the Part ~ornrnissian of Seattle than
Resolution No. 4680 -Attachment A
Exhibit A-1
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Resolution No. 4680 -Attachment A
Exhibit A-1
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~ an effart to art~ulate ~ aet of rnutua~~~ agreed u~an steps to enhen~e f re~~ht rna~ilt~
thrau~haut the central ~u~et ~aund ~~+~ia~~-#rarr~ the ~r~~ of ~n the nar~h a the
area of Taaa~a in the sa~th, and eas~ar~ tawards the ~ and l~~a rnauntain
pa~~~~--the ~A~T ~arr~da. This l~~~I ~~d~t~e~, e~~~t~~ end su~~~rr►r~t~ the
I~~~ re~arding the phase ~ praect paka~e and ~arnrnunl~ates have the l~~~T ~arridar
Phase 1 and phase 11 partnership is en~lslaned lts ~aaperatln~ ~e~r a~en~ies, to
assist each e~~n~Y to plan taarda ~eetln~ It share of the Phase I ~+~~t~ and
re~pansil~llitie~~
In that spirit and ~ante~t, it is agreed ar~an~ the parties ~s f~llo~s:
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~ . The na~~~ "~'A~~~ ~~rrida~' refers to a series of related hit independent pra~e~t~
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and a~t~~ ~~~~ihi~h in~rer~entall and ~vhen ~arnpleted s~sternati~ail~ imprarre
freight rnavernent and mitigate the rnpa~ts of inareaing~ intensive use of the
freight transpartatlan ~arridara in the ~r~erett Beattie Ta~arna regianr
~ T t t ~ a~ Phase re ers a he ~fteen p afe~ts selea ed ~n the first
priariti~atian pra~ess ~ of the ~~~T ~arridar. These are delineated
in Aa~hment
h ~'A~T phase 11 refers to fie ten praje~fs selected n the ~prng
~~~~~#~~a~i~ ~~a~ea~ ~ 7"hese aye ~~~r~t~ ~
PAST ~arridar ~4~~
Resolution No. 4680 -Attachment A
Fxhihifi A-1
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~tte~h~ent ~n ~~d~i~ne# seven ~~~e~ts ree identf#~~ pr~~~#e
tend#~ete~ fir f~t~e ir~~#ra~~n ~rithin the ~A~~' ~~~~~r ~tteh~ent
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~~n~~tlc~n die t~ ~~re ~nten~~e ~e of tren~~rtet#~n ~~r~~~~, the ~nerel
~r~h ~f fre#~ht, end ~r~~rth in ether vehi~~#~ tref#l~ ~f the ~l~n.
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f~~ the fir~~~n~ ~e~~n~ hee~ ~f an into rete~d fre# ht ~~h#" ~~rrl~~r ~ ~ ~ ~
~tete~.
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~~~n~ l~e~ic~ne ~~un~i#'~ ~etr~p~liten Tren~rtetin ~#en ~etineti~n
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ir~p~e~t.
~f the ~ ~ Li w ~n~re~~~nel del~~it~~n ~'e~h~nt~n ~t~t~ ~e ~n
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Resolution No. 4680 -Attachment A
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Resolution No. 4680 -Attachment A
Exhibit A-1
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The ~T Bandar praects I~sted n ~Attachrnents and ~ wi ~prave access to
part areas and resaive ~nad canicts at aiiraad grade crassin~s and ~~li
+~arnpiernent in~restment by the rai~raads,,aund Tr~sit and the Mate to i~nprave
the aveail capacity and reiabil~ty a the m~ainiine raii carridar ~ar'bcth freight and
passenger aperatians, The ~~~T pragra~ of irnprave~nents viii aisa enhance
the ~pac~y and reiiabiiity of the highway treght transpartatian ca~idae in the
regan~
The i~~T phase I pra~ects ~Atta~rnent ~ are dee~ed to bathe highest priarity
a~ the i~'~~T ~arridor praecte. The ~ra~ects sham in ~tts►chrnent ten
addtianal praects selected in Ap~i aa~ far irr~ple~mentatian aver the nest three
years, canstitute `~~T phase These are immediate priarity prajects, but
subardinate to the ~'h~e pra~ects~ ~►ll priaiti~ed praects are to ha t~nsidered
•A
callectively as a single ~carridar" pragra~n,
far the ~'~~T phase [l pragrar~~ p~rtner~~~~ ~~~e the i'a~a~ring funding ~ a•
partic~patian ga~sr~,. rr~ aye ,
Y ~
a~ ~'ed~~al funr~~: f~ thraugh T~ , sectian ~ 1 ~ hand its successars
~ra~ ~t~auld pravide p~rnt of the pra~rarn ~at~~ ~d+~itia~nai eder~
funding e~g., ATP grants ~ril~ be targeted to pravide anather five percent
a pragam casts.
b~ Mate funding, including vll~~aT, i~~~I~N and Ti8 cantributians, shauid
pravide 4~ percent a~ pragram casts. It i~ reca~ni~ed that the tr~ci~in
car~rnuni~r cantributes to this share thra~gh the fees and fiuel tomes they
pay rota the syste~~
c~ The Farts air ~eat~e and Tacarna shauid cailectively pravide seven
percent of prran casts.
~~~T Carridar ~~a~ l~a~ Resolution No. 4680 -Attachment A
hxnlnit A-i
r
The ~nian ~e~~la end ~urinc~tan l~arthern Dante ~elraed
~ar~aretians shauld ~all~ti~ely pra~ide ~ra~e+~t shares e~ui~elent to three
percent of pra~r~m casts. "his cantibutian ~auld include rlire~ted
federe ~lla+►tlans a~ rsiil diesel T ~.,A r~~utha~tian u~ha~~~~
such ~Il~atlans,
A~en~ies res~anslble far irn~lerrtentetran a~ indi~iduel p~rats ire
ex~eated to Linen ~ rr~~nir~urr~ a~ a° a the cast a~ the indi~iduel
~rajects they gill im~ler~en#, using their ar~n funds ar ether ~undin~
saurces nit ather~wlse Hated in his end includln~ funds ~re~iaus~r
expended to devela~ +~~ch ~ra~t in ed~~n~e of full ~ra~rem fundln~,
~ ~Ihere a~~ra~nete, edd~~anel fundln~ gill be sau~ht frar~ ether ~genaies
end ar~eni~etians recei~in~ sl~nificent benefit franc specific ~A~T
~►rajects. r
yeah indivlduel p~ra~e~t sham in Atte~hr~ent ~ is the irn~eme~+~n~ e~en~y's
res~ansibilit~r to design, per~ni~t, end canstru~~ ~ ~,~r't'nel Otte of caurse In
-
~it~l ~raj~ ~evela~men~ end irn~l~r~ent~~~an of end indlviduel ~'A~T ~a~ldar ,e ..~x
~ra~~t gill b~ ~~~~~nd~►nt s~~~ ~~~ng eu~a~~etlan h the ~errt~t ar ~a~le~
res~ansihl~' far th~~ ~aj~.
.m
"f he existing I~A~T ~arridar A~en~r ~tef~ Tees ~~A~~T ~A~T~ gill cantlnue to
~~at n carder to r~anltar end p~ramat~ bath the irnrnediete ~rtarit ~r~rem sham
~n Atteahr~ents A and end ati~er ~dent~fied ' ~A~~" ~arnidar ~rlarlties, end to
facilitate car~rtuni~atians end e~reements needed to ir~plernent these
understandings.
a~ Funding far the anc~aln~ rnsin~~ernent of ~e ~'A~T ar~idar b~ tie
rill be dre~n frar~ ~~~rded T~A~1 ~satian ~ ~ ~~1~ 1 ar its
su~essars} funds in en ar~aunt to be set ennuellr b~ the FAST F~rtners,
but which ~viil Hat exceed fire percent of the a~~rded funds in end ~ilren
~
FAST ~arri~ar~aa~ ~I~IJ
Resolution No. 4680 -Attachment A
Fxhihifi A-1
. . . . . . . . . . . . . . .
~'h~s~ f~~~i~ ~v~ii h~ tr~r~g~~r~~ t~ ~ 1Cl~~T ~r~;a~~t ~~~a~f~ to
F~~1~ m~n~~~am+~~t ~~td ~~~n~~t~ar~~ ~t the t~r~~ of ahl~~~ta~.
This ~h~li r~~ai~ ire ~~tii ~u~~r~~~~! b~ ~ ~~uh~+~~~~nt a ath~r
~~~~►nt, ar untii t~~rrir~t~d ~ritt~~ a~~~~~~~nt a ~~I the ~~rti~~.
This ~Q~ ~a~~ rat ~re~t~ i~~l ~~ar~~b~~ ri~ht~ a~ ahii~~tiar~ a~ the
p~~t a~ and a the ~~~~ttar~ ~g~nai~.
~~~r~ by:
1~~~hinta ~t~t~ ~~p~~~tr~~nt a ~'~~n~~a~t~t~ar~ {ca-~~an~ar~ irk ~a~nt~
~nahan~i~h ~aur~t~
Past a i~tt~
fat a T~~a~
fat a ~V~~~t
a
its a T~a~ o , , . 7 ° ~ ,1
City a T~I~ii~
~it~ a~ ~~~Il~u~ ~
i~ a~ ~~r~n~r
~it~ a R~~ta~
~it~ afi Pa+~ii+~
~i~ of ~a~~
i a ~'if+
Thy ~~c~i~an Narhe~ ~~nt~ ~~i~~~~
Lnia~ ~a~~a ~~i~►~y
~'h~ ~a~hi~~tan T~a~i~ ~a~~t~an
~~1l~~hin~tat ~tt~ ~'~i~ht ~labiiit~ ~tr~t~~~a ~~~r~~tm+~nt ~a~~
~ndar~~d h,
P~~~t ~au~~ ~~~iar~al ~a~ail ~aa~s~a~~ar~
~'A~~` ~a~~~ar
Resolution No. 4680 -Attachment A
Exhibit A-1
s
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~~~n~~~n~~iv~rfr~n i~ ~f we~re~ ~~r~r~~~in~
~p~~a~~ fit. ~~~~t~~
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~c~~ ~f a~o~a Rd. I~~~t~T r~ -
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Resolution No. 4680 -Attachment A
Exhibit A-1
. . . . . . . . . . . . . . I.... - . . . . on
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rail Sunda
~r~l~al~®ntln ~t~a~~~ f~nda
~~ast astir~ates era fr~~ and c~~~an n d~~lar.
I~~~T ~rridor ~C~~~ ~~U
Resolution No. 4680 -Attachment A
Exhibit A-1
1
~TT~i~~II~~~T
~~rti~i iis~~ fi~u~r~s ire ~iiiiorts o dollars}
P~~ ~~t~ ~ lei ~~~en~~n A era ~r~ pct
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Ir~~o~~r~ar~t Rro~r~m ~i~ of ~~~ttle ~.1~
i~ ~~rorot o~r~rorossng ~~r of Ev~r~tt ~o.oo
I-~l~o~ o~ T~i~or~Gi ~ ~ro
ir~r~h~~~e ~~oT
~t ado ~o~~raion ~i~ o ~umr~er $ ~~o
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~"~ost ~stir~~~s ~r~ from ~oo~, and ~i~rar~ in ~oo~ ~~~~i~arsw~ ~~`hi iis~ ~s r~o ox~l~~i~e, bt~t
is ~ lisi~~ of ~ro~~ts ti~~ are ~urr+s~~; ~ari~~~d I~~~T P~~ros tl~ro~~h ~'~ST'~
~~ri~~ ~oo~ priorit~~tion ~rncos~, ~n~ r ~~t ~~n~ tl~~ ~roj~s ~ro~~~r~~d for
~tiar ~ 1 ~ ~ ~~rds ~ir~~~
}
1 {
~~~T corridor h~o~
Resolution No. 4680 -Attachment A
Exhibit A-1
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
S
~in~~r~ ~~t~
thief ~xc~~~i ~r~ ~ff~cr
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~
~A~T ~~~i~~~ ~ M~
Resolution No. 4680 -Attachment A
Exhibit A-1
Interlocal Agreement between Port of Seattle and City of Auburn for the M Street SE Grade Separation Project
Exhibit B-Elements of Mutual Benefit
Overview
Proiect Description
This project will improve the final 1,700 foot segment of the
M Street Corridor, which is a regionally significant principal ~
arterial connection between Washington State Routes 167
and 164 (Auburn Way South) through Auburn, King County
Washington. The M Street Corridor connects regional and manufacturing growth centers, serves local and regional
destinations, and provides an essential freight mobility link.
This project is located on M Street SE between 3rd and 8t"
Streets SE in the vicinity of the Washington State Route 18
overpass and the at-grade BNSF Stampede Rail crossing in
Auburn. The project includes lowering M Street SE below the
existing BNSF railroad, constructing a new railroad bridge, widening the roadway from 2 to 5 lanes, and adding bicycle
lanes and sidewalks.
Pro'ect Need
This project was identified in the 1997 Auburn Stampede Rail
Traffic Impact Study as necessary to mitigate the impacts
from BNSF expanding operations on the Stampede Pass rail line. The study identified that up to 22 daily trains may
operate in the future on the Stampede Pass line and create
perpetual gridlock throughout the City and on nearby State
highways. M Street SE has also been identified as a Freight
Action Strategy (FAST) corridor project. FAST is a multi-
agency coalition dedicated to improving freight mobility
throughout the Puget Sound Region and mitigating the impacts of freight movements on local communities.
Proiect Benefits
Completing the M Street SE Grade separation will not only
improve freight mobility for train and truck traffic, it will also
eliminate the significant traffic back-ups that overtax the
City's arterial street system. These backups impact emergency vehicle access, the 53 daily school bus crossings, ,
residential and business driveways, and local neighborhood
streets. The project will also provide secondary benefits that include improved travel times; reduction of cut-through
traffic on neighborhood streets; air quality along the corridor; and beautification of one of Auburn's key gateways.
By separating this existing at-grade/street-rail crossing from the railroad safety will be substantially improved.
Replacement of the at-grade crossing eliminates the possibility of fatalities and injuries that often result from collisions
between trains, vehicles, and pedestrians. It also eliminates blocking delays that cause traffic congestion/delays, reduces the intrusive noise from train horns and automatic warning
devices, and will improve emergency response
times.
Resolution 4680 - Attachment A Exhibit B-1
Interlocal Agreement between Port of Seattle and City of Auburn for the M Street SE Grade Separation Project
1
1 ~
~ ' ~
1
18
i ~
~
M Street SE Grade Separation -Vicinity Map
X
e
Status Update
Design is 80% complete and is expected to be complete by next spring (2011). ROW Acquisition is 30% complete and
is expected to be complete by next spring (2011). Property management of acquired homes will include demolition as
needed for safety and security. All design and ROW funding is secured.
The entire construction is anticipated to last between 18 and 27 months (depending on train volumes). Train volumes impact the construction costs and schedule significantly as many key
work elements must be limited or stopped when
trains cross. Constructing the project while train volumes are down, due to the recent economic downturn, could
result in a shorter construction duration and significantly lowered construction costs. Assuming funding is secured,
construction is scheduled to start late next year (November 2011).
City of Auburn Contacts
Jacob Sweeting, Project Manager, City of Auburn 253.804.5059 - sweeting~auburnwa. ov
Carolyn Robertson, Government Relations Manager 253.931.3096 - crobertsonC~auburnwa. ov
Resolution 4680 - Attachment A Exhibit B-2
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Interlocal Agreement between Port of Seattle and City of Auburn for the M Street SE Grade Separation Project
Exhibit C -Definition of "Substantial Completion"
Per the 2010 City of Auburn Standard Specifications
1-05.11(1) SUBSTANTIAL COMPLETION DATE
When the Contractor considers the work to be substantially complete, the Contractor
shall so notify the Engineer and request the Engineer establish the Substantial
Completion Date. The Contractor's request shall list the specific items of work that
remain to be completed in order to reach physical completion. The Engineer will
schedule an inspection of the work with the Contractor to determine the status of
completion. The Engineer may also establish the Substantial Completion Date
unilaterally.
If, after this inspection, the Engineer concurs with the Contractor that the work is
substantially complete and ready for its intended use, the Engineer, by written notice to
the Contractor, will set the Substantial Completion Date. If, after this inspection the
Engineer does not consider the work substantially complete and ready for its intended
use, the Engineer will, by written notice, so notify the Contractor giving the reasons
therefore.
Upon receipt of written notice concurring in or denying substantial completion,
whichever is applicable, the Contractor shall pursue vigorously, diligently and without
unauthorized interruption, the work necessary to reach Substantial and Physical
Completion. The Contractor shall provide the Engineer with a revised schedule indicating
when the Contractor expects to reach substantial and physical completion of the work.
The above process shall be repeated until the Engineer establishes the Substantial
Completion Date and the Contractor considers the work physically complete and ready
for final inspection.
Resolution 4680 - Attachment A Exhibit C-1