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HomeMy WebLinkAboutITEM IV-C "UBURN 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 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 04.9.1 C201 A, A3.16.9 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: VIII.B.3 AUBURN *MORE THAN YOU IMAGINED RESOLUTION NO.4 6 8 0 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 STREET 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 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 Interlocal 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. Dated and Signed this day of 12011. CITY OF AUBURN PETER B. LEWIS MAYOR Resolution No. 4680 January 28, 2011 Page 2 ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: aniel B. H66,--, 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 4`h 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 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 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 maybe 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. Resolution 4680 - Attachment A 2 . j f Interlocal Agreement between Port of Seattle and City of Auburn for the M Street SE Grade Separation Project 2.7 Design.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 foIrthese 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 12, 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 i 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. i 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 establishing1he Substantial Completion date, as required by the City'of Auburn 2010 Standard Specifications. (See Exhibit C) Upon receipt of theletter, 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 (7) days of the established substantial completion date, the Port does waive the right to request and perform said inspection. 4 AMENDMENT 4 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 Ci 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 RESOLUTION NO. 3500 A RESOLUTION of the Port Commission of the Port of Seattle authorizing the Chief Executive Officer to enter into a 2002 Memorandum of Understanding for Phases I and II of the Freight Action Strategy for the Seattle-Tacoma ("FAST") Corridor. WHEREAS, the assurance of continued freight and passenger mobility throughout the Puget Sound is an issue of critical strategic importance to the Port; and WHEREAS, the Port of Seattle has joined with other agencies and private partners in the Freight Action Strategy for Seattle and Tacoma ("FAST') Corridor partnership; and WHEREAS, this partnership has resulted in the completion of several of the grade separations and port access projects, and substantive progress on the remaining projects envisioned in Phase 1; and WHEREAS, representatives of the Port of Seattle; the Washington State Department of Transportation (WSDOT), Freight Mobility Strategic Investment Board (F-N, IS 1B), and Transportation Improvement Board (TIB); the Puget Sound.?egi~nal Cou:icil, the ports of Tacoma and Everett, King County, Pier^:,-COunt~ and F.,Ciho.mish County, The Burlington r Northern Santa Fe Rai -.,ay Company, !k 1:',lion Pacific Railroad Company, the Washington Trucking Associarlon, no ;tte cities of Tacoma, Fife, Puyallup, Sumner, Pacific, Algona, Auburn, Kent, Renton, Tukwila, Seattle and Everett, all located along the Everett-Seattle- Tacoma corridor, have reached consensus and recommended the projects shown in Attachment B to Exhibit A of this resolution as a Phase 2 program of projects for an integrated freight mobility strategy; and WHEREAS, detailed procedures for funding and disbursement of funds and other factors among the FAST Corridor partners will come before the Port Commission for review and approval on a project by project basis; NOW, THEREFORE, BE IT RESOLVED by the Pon Commission of Seattle that: Resolution No. 4680 - Attachment A _I. Exhibit A-1 I. The Chief Executive Officer (CEO) is hereby authorized to execute a 2002 Memorandum of Understanding for Phases 1 and 11 of the FAST Corridor ("MOU"), in substantially the form attached hereto as Exhibit A and by this reference incorporated herein. 2. A copy of the final executed MOU shall be attached to this Resolution as Exhibit B. ADOPTED by the Port of Seattle at a regular meeting thereof, held on this .AA-day of nr~ , 2003, and duly authenticated in open session by the signatures of the Commissioners voting in favor thereof and the seal of the Commission. PATRICIA DAVIT • ~ PAIGE ?ALLIEIR CLARE NOROQWST PT MOLLOY ~BOB EDWARDS Port Commissioners -2- Resolution No. 4680 Attachment A Exhibit A-1 Exhibit "A" to Resolution No. 3500 r r1 1~ ~r _ } N • FAR. This Memorandum of Understanding (MOU) is entered into among the signatory parties as an effort to articulate a set of mutually agreed upon steps to enhance freight mobility throughout the central Puget Sound Region-from the area of Everett in the north to the area of Tacoma in the south, and eastward towards the SR 2 and 1-90 mountain passes-the FAST Corridor. This MOU updates, restates and supplements the 1998 MOU regarding the Phase I project package and communicates how the FAST Corridor Phase I and Phase II partnership is envisioned by its cooperating member agencies, to assist each agency to plan towards meeting its share of the Phase II costs and responsibilities. In that spirit and context, it is agreed among the parties as follows: Premises: 1. The namFl "FAST.,'orridor" refers to a series of related but Independent projects and actk,,,4'which incrementally and when completed systematically improve freight movement and mitigate the impacts of increasingly intensive use of the freight transportation corridors in the Everett - Seattle - Tacoma region. a) FAST Phase I refers to the fifteen projects selected in the first prioritization process (1998) of the FAST Corridor. These are delineated in Attachment A. b) FAST Phase II refers to the ten projects selected In the Spring 2002 prioritization process of the FAST Corridor. These are delineated in FAST Corridor 2002 MOU Resolution No. 4680 Attachment A Exhibit A-1 - Attachment B. An additional seven projects were identified as probable candidates for future inclusion within the FAST Corridor (Attachment C). 2. The fast, efficient and reliable movement of freight is vital to the economic health and well-being of the Puget Sound Region, the State of Washington and the nation as a whole. 3. International trade in, out and through the Puget Sound ports, as well as general freight into, out of and within the Puget Sound Region, is experiencing increasing congestion due to more Intensive use of transportation corridors, the general growth of freight, and growth in other vehicular traff ic of the region. 4. Representatives of the Washington State Department of Transportation, the Puget Sound Regional Council, the ports of Seattle, Tacoma and Everett, King County, Pierce County and Snohomish County, The Burlington Northern and Santa Fe Railway Company, the Union Pacific Railroad Company the Washington Trucking Association, and the cities of Tacoma, Ryallup, Sumner, Fife, Pacific, Algona, Auburn, Kent,. Renton, T~kWft, Seattle, and Everett, all located along the Everett-S rattle-Tacr- na cc Mdor, have. met, discussed, .analyzed, rear;: red consenQj je; id recommended the projects shown in Attachments A a,4!: das an immediate priority" program of projects that together form the first'and second phases of an integrated freight mobility corridor strategy. 5. This integrated freight mobility corridor strategy is consistent with the Puget Sound Regional Councirs Metropolitan Transportation Plan (Destination 2030). .6. Ongoing processes to assess statewide freight priority needs have consistently identified the FAST Corridor program as having high priority and statewide impact. 7. Members of the U. S. congressional delegation from Washington State are on record in support of federal funding participation in the FAST Corridor program. --2- FAST Corridor 2002 MOU Resolution No. 4680 - Attachment A Exhibit A-1 8. Project delivery is a critical aspect of the FAST Corridor Partnership. Many of the FAST Phase I projects are underway, with two projects complete, and another seven to be completed by the end of 2003. FAST is committed to maintaining its record of project delivery with the remainder of the Phase I projects, as well as with the Phase II program recently selected. 9. Implementation of the FAST Corridor will be enhanced if each party can safely anticipate that the other parties will be committed to a pre-agreed share of the cost In order to fully fund the immediate priority program shown in Attachments A and B. The FAST Partners believe that tying costs and benefits to financial participation in the program Is a critical element to FASTS ongoing success. 10. All funding partners will need assurance that their expected participation In FAST Phase II projects will be tied to the total program costs agreed to and shown in Attachment B and will not be expected to grow as individual project cost estimates are refined during the project development process. , 3 - FAST Corridor 2002 MOU Resolution No. 4680 - Attachment A Exhibit A-1 Understandings: 1. The FAST Corridor projects listed in Attachments A and B will improve access to port areas and resolve modal conflicts at railroad grade crossings and will complement investment by the railroads, Sound Transit and the State to Improve the overall capacity and reliability of the mainline rail corridor for both freight and passenger operations. The FAST program of Improvements will also enhance the capacity and reliability of the highway freight transportation corridors In the region. 2. The FAST Phase I projects (Attachment A) are deemed to be the highest priority of the FAST Corridor projects. The Projects shown in Attachment B, ten additional projects selected in April 2002 for implementation over the next three years, constitute 'FAST Phase Il.' These are immediate priority projects, but subordinate to the Phase I projects. All prioritized projects are to be: considered collectively as a single "corridor" program. 3. For the FAST Phase II programy;the partnere,Qn:orse the fallowing funding participation goaI9:-~-4 a) Fed~.rai funs!!: 4 through TEA 21, section 1118 (and its successor(s)) grai-na should provide 35 percent of the program costs. Additional federal funding (e.g., STP grants) will be targeted to provide another five percent of program costs. b) State funding, including WSDOT, FMSIB, and TIB contributions, should provide 40 percent of program costs. It is recognized that the trucking community contributes to this share through the fees and fuel taxes they pay into the system. c) The Ports of Seattle and Tacoma should collectively provide seven percent of program costs. --4- FAST Corridor 2002 MOU Resolution No. 4680 - Attachment A Exhibit A-1 d) The Union Pacific and Burlington Northern Santa Fe Railroad Corporations should collectively provide project shares equivalent to three percent of program costs. This contribution could include redirected federal allocations of rail diesel taxes if TEA 21 reauthorization authorizes such allocations. e) Agencies responsible for implementation of individual projects are expected to finance a minimum of 10% of the cost of the Individual projects they will implement, using their own funds or other funding sources not otherwise noted in this MOU, and including funds previously expended to develop each project in advance of full program funding. fl Where appropriate, additional funding will be sought from other agencies and organizations receiving significant benefit from specific FAST projects. 4. Each individual project shown in Attachment B Is the impieme.r 4rng agency's responsibility to design, permit, and construct as a r amal m -tter of course In capital project development;. and Implement ition of any individual FAST Corridor project will bq,, 4pendent upop.J, r ng authorization by the party or parties responsible for th9t Oioject. 5. The existing FAST Corridor Agency Staff Team (FAST CAST) will continue to meet in order to monitor and promote both the Immediate priority program shown ! in Attachments A and B, and other Identified FAST Corridor priorities, and to facilitate communications and agreements needed to implement these understandings. a) Funding for the ongoing management of the FAST Corridor by the I WSDOT will be drawn from awarded TEA21 Section 1118/1119 (or its successors) funds in an amount to be set annually by the FAST Partners, but which will not exceed five percent of the awarded funds in any given 5 - FAST Corridor 2002 MOU Resolution No. 4680 - Attachment A Exhibit A-1 year. These funds will be transferred to a WSDOT account specific to FAST management and expenditures at the time of obligation. 6. This MOU shall remain In effect until superseded by a subsequent MOU or other agreement, or until earlier terminated by written agreement of all the parties. 7. This MOU does not create any legally enforceable rights or obligations on the part of any of the signatory agencies. Signed by. Washington State Department of Transportation (co-sponsor) King County Pierce County Snohomish County Port of Seattle Port of Tacoma Port of Everett City of Seattle City of Tacoma f - r' City of Everett - City of Auburn City of Kent City of Tukwila r City of Puyallup City of Sumner City of Renton City of Pacific City of Algona City of Fife The Burlington Northern & Santa Fe Railway Union Pacific Railway The Washington Trucking Association Washington State Freight Mobility Strategic Investment Board Endorsed by: Puget Sound Regional Council (co-sponsor) --6- FAST Corridor 2002 MOU Resolution No. 4680 - Attachment A Exhibit A-1 ATTACHMENT A: FAST Corridor Phase I Projects Prolect Name Implementina Agency California St. Port of Everett E. Marine View Drive City of Everett 41e' St. Extension/Riverfront City of Everett Parkway Overcrossing Spokane St. City of Seattle Royal Brougham (SR 518) WSDOT E. Marginal Way City of Seattle S. 180, St. City of Tukwila S.277 St. City of Auburn 3°d St. SW / BNSF crossing City of Auburn 8"h St. / BNSF crossing Pierce County Shaw Rd. Extension %Ay,.~.f Puya6p Canyon Rd. Extprs;vi i Pierce County St: City of Tacoma Port of Tacoma Fid. WSDOT ,.S-'167 (R/W only) WSDOT --7- FAST Corridor 2002 MOU Resolution No. 4680 - Attachment A Exhibit A-1 A17ACHMENI B: FAST Corridor Phase II Projects for Immediate Implementation (Figures In millions of dollars) Prole Name Im lementina A ency Es ate Cost* Duwamish ITS Project City of Seattle $ 7.21 WSDOT ITS WSDOT $ 30.00 SR 9 Widening WSDOT $ 45.98 Lincoln Avenue Port of Tacoma $ 26.00 S 228th Street City of Kant $ 48.00 70th Street/Valley Avenue City of Fife $ 18.86 M Street City of Auburn P 22.04 Eighth St--UP Pierce D-Xnty.: $ 20.00 Lander Street 1 ' Dity c i Seattle $ 23.93 $ 20.80 City of Kent $ 262.82 Mal. FAST Corridor Phase 11 Partnership Funding Goals Section 1118 funds $ 91.99 other federal funds $ 13.14 state funds $ 105.13 port funds $ 18.40 rail funds $ 7.88 implementing agency funds $ 26.28 Total $ 262.82 'Cost estimates are from 2002, and given in 2002 dollars. FAST Corridor 2002 MOU Resolution No. 4680 - Attachment A Exhibit A-1 t ATTACHMENT Q Candidate Future FAST Corridor Projects (Partial list, figures in millions of dollars) Proolect Name Implementing Agency Total Protect Cost Estimate* SR 18 WSDOT $ 217.17 SR 509 WSDOT $ 127.00 Strander Boulevard City of Renton $ 47.00 Duwamish Truck Mobility Improvement Program City of Seattle $ 7.18 E Everett Ave Overcrossing City of Everett $ 10.00 I-5/Port of Tacoma Rd $ 17.90 Interchange W SDOT 24'h St Grade Separation City of Sumner $ 5.50 Total $ 431.75 *Cost estimates are from 2002, and given in 2002 d1Aars,, this list ;s not exclusive, but is a listing of projects that are currently li6oritized t i; ie FAST Partners through FASTS Spring 2002 prioritization pmcesr, and are rat ar..mg the projects programmed for Section 1118 funds a' rots time. I i i --9- FAST Corridor 2002 MOU Resolution No. 4680 - Attachment A Exhibit A-1 w f 5 97,, 1 aeLca M. R. Dinsmore date Chief Executive Officer Port of Seattle 10 FAST Corridor 2002 MOU 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 Project 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 i and 164 (Auburn Way South) through Auburn, King County '1ci t4 z Washington. The M Street Corridor connects regional and manufacturing growth centers, serves local and regional destinations, and provides an essential freight mobility link. p,•o µ This project is located on M Street SE between 3rd and 8d' r " 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. Proiect 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 1;r n, 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. #h, Project 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 N City's arterial street system. These backups impact emergency vehicle access, the 53 daily school bus crossings, r~ ,xY 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 Cityof Auburn for the M Street SE Grade Separation Project Ini4t L I \~t 9r~`•+ri I,~y y'.1 'st r~'1 J ate, q, i ~ry .F:gyy{{,,^^;~,,a, a ~ ~ `C~ v`~,~ ~ ,*°i~t'gi•C Xr' S PUGETSOUND I I 4TH STFEET SE ' f r I } s ^ - MIT 99 IPA -,..7ALOkl ~ ~a- 1~ _ YL A l , M Street SE Grade Separatio ` r -k- }~►41g~rgf- ~4 -Vicinity Map 61 • .,4, ~s;~ ! i ?l rga rE r°`~ C i ` ~ I .~Ika°-.ii.~to ~r" ~?Rr YJ~& ✓^'n I !r% 1 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 - jsweetina(&auburnwa.gov Carolyn Robertson, Government Relations Manager 253.931.3096 - crobertson auburnwa.aov Resolution 4680 - Attachment A Exhibit B-2 Intertocal Agreement between Port of Seattle and City of Aubum for the M Street SE Grade Separation Project Stamped Channelization Plan SEC. 1%T21 N R05 E, W.M. s' SB PAVEMENT MARKING NOTES: ~st~ ENOS - WITH RPM PERDETAL tic STOP s 6uE UYE-~xts O oH PAINTED ALIBURN DOUBLIE SM MTAIL ~iRAFFic+a B W PAWWB•PABTEOOReSRiVEWRNRPMPEFt MTALLAON COAOBTS/ N I TO•X21' 9 t - O AUBURN STDDETALLTRAFF"& r 9D•%20• 2 S u; Stk A `O. F5/ 0 BN 9 t0 t0 OMRIGO. LANEUNewRNRPMPmAMBURxBTD. E 8th DETNLT rttoG 0 Bl'iIIN t1 11 PAINTED TWO WAY IEFrTURN LANE STRIPE WOHRPM PER WAU 6 O OETALC DNAUBJRN SID. DE1ALLTRAFFlC41 g~ .......ET57 . U O RASM'0.0ET2PALLSOTRARRWRMAFF 7. CROSSWALA STRIPEPFAAUBURN ~ S $1 OPLASTIC2PSOUD wNnE STOP BAR PERAU8UNSTD.DETAIL TRAFFIDJT. 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S,PD•F0S3V= ,OG•, Resolution No. 4680 - Attachment A Exhibit B-3 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