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HomeMy WebLinkAboutITEM VIII-B-4 AGENDA BILL APPROVAL FORM WASHINGTON Agenda Subject: Date: Resolution No. 4681 January 28, 2011 Department: Attachments: Budget Impact: Public Works Resolution No. 4681 $ 0 Administrative Recommendation: City Council adopt Resolution No. 4681. Background Summary: Resolution No. 4681 authorizes the Mayor to enter into a interlocal agreement with the Port of Tacoma 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. W0207-7 04.9.1 C201A Reviewed by Council & Committees: Reviewed by Departments & Divisions: ❑ Arts Commission COUNCIL COMMITTEES: ❑ Building ❑ M&O ❑ 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 Referred to Until Tabled Until Councilmember: Wagner Staff: Dowd Meeting Date: February 7, 2011 Item Number: V111.13.4 AUBURN* MORE THAN YOU IMAGINED RESOLUTION NO.4 6 8 1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE PORT OF TACOMA FOR THE PURPOSE OF FUNDING AND CONSTRUCTING THE M ST SE GRADE SEPARATION PROJECT (C201A) 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 Tacoma ("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. 4681 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 Interlocal Agreement with the Port of Tacoma 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. Dated and Signed this day of , 2011. CITY OF AUBURN PETER B. LEWIS MAYOR Resolution No. 4681 January 28, 2011 Page 2 ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: niel B. Hei , City Attorney Resolution No. 4681 January 28, 2011 Page 3 Interlocal Agreement between Port of Tacoma and City of Auburn for the M Street SE Grade Separation Project INTERLOCAL AGREEMENT BETWEEN PORT OF TACOMA 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 Tacoma, 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, to benefit the movement of freight and goods as further described in Section 1. 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 Freight Action Strategy Memorandum of Understanding ("FAST MOU") which commits approximately Two Hundred and Sixty Three Million Dollars ($263,000,000.00) for grade separation and other road and rail improvements (See Exhibit A); WHEREAS, the Project is listed on Attachment B to the FAST MOU as among the FAST Corridor Phase 2 projects for immediate implementation; WHEREAS, the Project calls for the grade separation of M Street SE from the BNSF Stampede Pass rail line that will provide indirect economic benefits and logistical support to the Port in the following ways: • 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; • Improve safety and traffic flow for all travel modes; WHEREAS, the Port, as part of the FAST MOU, agreed to contribute Seven Hundred Seventy One Thousand and Four Hundred Dollars ($771,400) towards the construction of the Project; NOW, THEREFORE, the Parties agree as follows: 1. SCOPE OF WORK 1.1. Proiect Title: M Street SE Grade Separation 1 Resolution 4681, Attachment A Interlocal Agreement between Port of Tacoma and City of Auburn for the M Street SE Grade Separation Project 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, construct rail improvements, bridges, walls, utility relocations, and stormwater facilities to accommodate the crossing, widen M Street SE at the crossing to 5-lanes with sidewalks and bicycle lanes, and replace the traffic signal at the intersection of 4th Street SE and M Street. Elements of mutual benefit to the Parties are further outlined 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 the Project in regards to State Environmental Policy Act (SEPA) and National Environmental Policy Act (NEPA) compliance and shall be responsible for obtaining all necessary permits and/or 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 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 the overall scope or general schedule of the project will not require coordination or documentation with the Port. 2.4. Traffic Control Plans: The City will review all contractor traffic control submittals giving strong consideration to the interests of freight traffic. The City will, to the extent feasible, work to minimize the impact of any traffic control plans that could negatively affect freight traffic 2.5. Progress Report: The City shall provide a progress report to the Port at the time application for payment is made. 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. 2.6. 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 and/or permits, provided however the Port's financial contribution shall in no way exceed that stated in Section 3 herein. 2.7 Design Changes: The City shall not order or approve any design changes that negatively affect the traffic level of service or reduce the benefits of the Project for the Port without first obtaining the Port's written approval of these design changes. The City shall inform Resolution 4681, Attachment A 2 Interlocal Agreement between Port of Tacoma and City of Auburn for the M Street SE Grade Separation Project the Port of any design change that could reduce the Port's anticipated benefit of improved traffic flow. The City shall provide the Port with copies of the proposed design change for the Port's review, comment and approval. The Port, at its sole option, may 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. If the Port does not provide comments within two weeks of its receipt of the proposed design changes, the Port shall be deemed to concur with those proposed changes. The City agrees to evaluate and consider incorporating appropriate changes proposed by the Port necessary to address the Port's concerns and exceptions. 2.8 Public Involvement: The City shall be responsible for the public involvement and/or community outreach process for the Project. The City shall develop a Community Outreach Plan for the Project with the Port and other stakeholders in the Project. The City shall give the Port at least two weeks' written notice of any scheduled public meetings. 2.9 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 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 Exhibit B, and; 4. The Port Commission authorizes the execution of this Agreement and the payment of Seven Hundred Seventy One Thousand and Four Hundred Dollars ($771,400) for the Project costs. If the Port Commission authorizes contribution of $771,400 toward construction of the Project, the Port shall make payment as follows: One Lump Sum Payment of Seven Hundred Seventy One Thousand and Four Hundred Dollars ($771,400) no sooner than the end of the 2nd Quarter, 2012 (June 30, 2012) upon receipt of a letter from the City Project Manager certifying the contractor has been paid in excess of Seven Hundred Seventy One Thousand and Four Hundred Dollars ($771,400) supported by a progress reports, as outlined in section 2.5. To receive payment, the City shall submit a detailed numbered invoice showing description of work items being invoiced, this Interlocal Agreement number, project number, work title of project. The invoice shall be mailed "Attention: Contracts Department". Alternatively, the invoice may be emailed to procurement(D-portoftacoma.com. The email must include the required supporting documentation. An Incomplete or improperly prepared invoice will be returned for correction without processing or payment. The Port shall have thirty (30) calendar days from receipt of the letter to either return the invoice for correction or to make payment. Resolution 4681, Attachment A 3 Interlocal Agreement between Port of Tacoma and City of Auburn for the M Street SE Grade Separation Project 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 at its sole option 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 (7) calendar days of the established substantial completion date, the Port waives 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. 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: Brian Mannelly, Director, Planning Port of Tacoma P.O. Box 1837 Tacoma, WA 98401-1837 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 Project directors for each Party shall review the matter and attempt to resolve it. If the Project directors are unable to resolve the dispute, the matter Resolution 4681, Attachment A. 4 Interlocal Agreement between Port of Tacoma and City of Auburn for the M Street SE Grade Separation Project shall be'reviewed by the department 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, provided however, if the Port 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 is obligated to pay as of the day that the Port 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 10.1To 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 this Agreement except for injuries and damages caused by the sole negligence of the Port. 10.2The 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. 10.3The 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 Pierce, 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 Pierce, State of Washington. Resolution 4681, Attachment A 5 Interlocal Agreement between Port of Tacoma and City of Auburn for the M Street SE Grade Separation Project IN WITNESS WHEREOF, the Parties hereto have executed this Agreement which shall be effective upon the date of recording. PORT OF TACOMA CITY OF AUBURN Chief Executive Officer Peter B. Lewis, Mayor Date: Date: APPROVED AS O FORM: C Attorney Date: ATTEST: City Clerk Date: APPROVED AS TO FORM: Port Legal Counsel Date: Resolution 4681, Attachment A 6 Interlocal Agreement between Port of Tacoma and City of Auburn for the M Street SE Grade Separation Project Exhibit A - Resolution No. 3283 and FAST MOU DOCUMENT TO BE INSERTED INTO FINAL AGREEMENT PRIOR TO EXECUTION Resolution 4681, Attachment A 7 Interlocal Agreement between Port of Tacoma and City of Auburn for the M Street SE Grade Separation Project Exhibit B-Elements of Mutual Benefit Summary of Changes and Benefits Benefits Changes 7' Lowering and widening M Street SE The grade separation and roadway below the BNSF Stampede Pass Rail line widening will provide the following benefits: Eliminate. delays caused by trains and improve safety for trucks and other vehicles utilizing the M Street SE corridor as a connection between SR-167 and SR-164 i 8 Resolution 4681, Attachment A Interlocal Agreement between Port of Tacoma and City of Auburn for the M Street SE Grade Separation Project Exhibt 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 4681, Attachment A 9