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Home My WebLink About08-18-2014 Public Works Committee Agenda ModificationMemorandum Engineering Division To: Public Works Committee From: Ingrid Gaub, Assistant Director of Engineering /City Engineer CC: Mayor City Clerk Councilmembers Kevin Snyder, Community Development & Public Works Director Jacob Sweeting, Assistant City Engineer Ryan Vondrak, Capital Projects Manager Date: August 18, 2014 Re: Agenda Modification for the August 18, 2014 Public Works Committee Meeting This modification adds the following item to the agenda: IV. DISCUSSION ITEMS I. S 277th Street Corridor Project — Agreement with City of Kent* (Vondrak) Page 1 of 6 AUBURN * MORE THAN YOU IMAGINED AGREEMENT REGARDING S 277TH STREET CORRIDOR ROADWAY THIS AGREEMENT is entered into between the City of Kent, a Washington Municipal Corporation, located and doing business at 220 Fourth Avenue South, Kent, Washington 98032 ( "Kent ") and the City of Auburn, a Washington Municipal Corporation, located and doing business at 25 West Main Street, Auburn, Washington 98001 ( "Auburn"). 277TH ST WHEREAS, both cities de 277th Street Corridor; and WHEREAS, Kent has con the S 277th Street Corridor Projec 277th Street and 83rd Avenue S. ( RECITALS ■ i- l TRUCTION mutual and overall benefit of the S ment project, commonly known as ly from the intersection of SE wor Central Avenue or Auburn Way North) and runs generally east across the Green River, then along SE 274th Street in Kent, and then north along 116th Avenue SE and terminating at Kent- Kangley Road in Kent. Kent's project included a 2 -lane roadway with a left turn between Auburn Way North and L St NE, a 5- lane roadway between L St NE. and 108th Ave. SE, a 4 -lane roadway with a left -turn lane between 108th Ave. SE and Kent- Kangley Road, and a non - motorized trail between L St NE and 108th Ave. SE along with a pedestrian bridge over the Green River; and WHEREAS, Auburn, as the lead agency on its project, commonly known as the South 277th Street Corridor Capacity & Non - motorized Trail Improvement project, has obtained complete funding to design and construct its project; and WHEREAS, Auburn has commenced environmental review and design on its project and intends to construct the only remaining 2 lane segment on the S 277th Street Corridor between SR -99 and SR -18, which generally commences at the intersection of Auburn Way North and runs east to L St NE; and WHEREAS, Kent completed all required wetland mitigation for its previous S 277th St 1 Page 2 of 6 Corridor Project as well as advanced wetland mitigation for Auburn's project; and WHEREAS, Kent concurs that Auburn may utilize the advanced wetland mitigation completed as credit towards any wetland mitigation as may be required by the regulating agencies for completion of Auburn's S 277th St Corridor Project; and WHEREAS, the project is a part of the S 277th St Corridor (from I -5 to SR 516) and the cities will restrict private access to the extent possible; and WHEREAS, Kent allowed a temporary traffic signal to be installed at L St NE to facilitate development of the Trail Run residential plat, and the cities agree the intent was for the signal to be removed in the future; and WHEREAS, portions of Auburn's project abut properties located within Kent's corporate boundaries; and WHEREAS, Auburn's pro e' i 1 r • i . • � the south of the existing S 277th St roadway and Auburn does not . t • - _ ' i - . of way from properties within Kent's jurisdiction; and WHEREAS, both cities in �-nd t • . e pi u o i S 277 St Corridor to clearly define ownership and maintenance response WHEREAS, an interlocal agreement exists between the Valley Communications Center and Auburn and Kent for the establishment and use of fiber optic cable and equipment along S 277th St/SE 274th Way between Auburn Way North and 108th Ave SE; and WHEREAS, Kent intends to maintain ownership of existing conduits in the roadway and plans for possible future water line extension through the S 277th St Corridor; NOW, THEREFORE, Kent and Auburn hereby agree as follows: AGREEMENT A. AUBURN'S S 277TH STREET CORRIDOR PROJECT 1. Auburn will be the lead agency for the overall funding, design, right of way acquisition, permitting, construction and completion of its proposed S 277th 2 Page 3 of 6 Street Corridor Capacity & Non - motorized Trail Improvement Project which includes, but is not limited to: • A five lane arterial with left -turn lanes, curb, gutter, storm drainage, landscaping, one traffic signal, street lighting and mixed use non - motorized trail from Auburn Way North to L St NE. • Repair of the existing pavement from Auburn Way North to approximately 260 feet east of the L St NE intersection, and provide a minimum 2 -inch asphalt concrete overlay over the existing pavement. 2. Auburn will continue to coordinate its design and construction efforts to match Kent's S 277th Street Project. 3. Kent and Auburn a signal between Au should be located a available for an alt development and at it is their ntent for there to be only one traffic venue SE and that said signal ion. Once funding becomes for the Trail Run residential that Auburn removes the temporary signal at is no longer needed, it is the intent St NE and any remaining temporary pavement channelization along S 277th St./ S 274th Way. B. KENT AND AUBURN CITY LIMIT REVISIONS 1. Kent will revise its corporate boundaries per RCW 35A.21.210 to convey its complete jurisdiction of S. 277th St. corridor from Auburn Way North to approximately 723 feet east of the L St NE intersection to the City of Auburn as per the applicable portions of the attached exhibit maps "A" and "B" and the attached legal descriptions Exhibits A -1, and B -1, B -2, B -3, B -4, and B -5. 2. Auburn will revise its corporate boundaries per RCW 35A.21.210 to incorporate the complete jurisdiction of S. 277th St. corridor from Auburn Way North to approximately 723 feet east of the L St NE intersection into the City of Auburn as per the applicable portions of the attached exhibit maps "A" and "B" and the attached legal descriptions Exhibits A -1, and B -1, B -2, B -3, B -4, and B -5. 3 Page 4 of 6 3. Kent will retain ownership of Kent's existing conduits within the S. 277th St. Auburn agrees to cooperate with Kent on Kent's application for a Franchise Agreement from Auburn for its facilities, including a future water main, along S. 277th St. from Auburn Way North to approximately 723 feet east of the L St NE intersection in the City of Auburn. 4. Kent will have jurisdiction over the S. 277th Street corridor facilities within its corporate boundaries. 5. Auburn will have jurisdiction over the S. 277th Street corridor facilities within its corporate boundaries. 6. Kent will retain ow ersh , . and continu to intain the pedestrian bridge over the Green River. D. MISCELLANEOUS 1. Termination. This construction of its th aa n the date that Auburn completes orn r rod ect. 2. Governing Law. This agreement shall be governed and construed in accordance with the laws of the State of Washington. If any dispute arises between the cities under any of the provisions of this agreement, resolution of that dispute shall be available only through the jurisdiction, venue and rules of the King County Superior Court, King County, Washington. 3. Modification. No waiver, alteration, or modification of any of the provisions of this agreement shall be binding unless in writing and signed by a duly authorized representative of each city. 4. Severability. If any one or more sections, subsections or sentences of this agreement are held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portions of this agreement and the remainder shall remain in full force and effect. 4 Page 5 of 6 5. Entire Agreement. Written provisions and terms of this agreement, together with any attached exhibits, supersede all prior verbal statements by any representative of either city, and those statements shall not be construed as forming a part of or altering in any manner this agreement. This agreement and any attached exhibits contain the entire agreement between the parties. Should any language in any exhibit to this agreement conflict with any language contained in this agreement, the terms of this agreement shall prevail. THE CITY OF KENT SUZETTE COOK, MAYOR APPROVED BY KENT CITY C APPROVED BY AUBURN CI ATTEST: THE CITY OF AUBURN BACKUS, MAYOR 2014. ATTEST: , 2014 (SEAL) (SEAL) DANIELLE E. DASKAM AUBURN CITY CLERK RONALD MOORE KENT CITY CLERK APPROVED AS TO FORM: APPROVED AS TO FORM: ARTHUR FITZPATRICK DANIEL B. HEID KENT CITY ATTORNEY AUBURN CITY ATTORNEY 5 Page 6 of 6