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RESOLUTION NO. 4 6 8 1
A RESOLUTION OF THE CITY COUNCILOF THE CITY OF
, AUBURN, WASHINGTON, AUTHORIZING. THE MAYOR TO ,
E-XECUTE AN INTERLOC.AL 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
ofi 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 improvernents 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 benefts to the Port;
- and
WHEREAS, the Port, as part of the FAST MOU, agreed to contribute Seven
Hundred and Seventy One Thousantl Four Hundred Dollars ($771,400) towards the
construction of the Project; and
Resolution No. 4681
Jan'uary 28, 2011
Page 1
I
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 Gtade 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 #o 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 2011.
C 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 _
. ; .
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Resolution No. 4681 ~
- January 28, 2011
Page 3
Interlocal Agreement between Port of Tacoma and City of Aubum 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 .
' Mundred 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:
v Support longer and more frequent.trains on the Stampede Pass rail line;
• Reduce delays on M Street SE to Vucks carrying freight deliveries;
• Reduce conflicts between rail and vehicle traffic modes;
• Enhanee overall freight mobility;
• Improve safety and traffic flaw 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. Project Title: M Street SE Grade Separation
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Interlocal Agreement between Port of Tacoma and City of Aubum for the M Street SE Grade Separation Project
1.2. Description: The Rroject is one of the package of 10 "FAST Corridor Phase I I" rail
separation and Port access projects. The project will lower M Street SE below the BNSF
Stampede Pass rail line, consfruct 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 atthe
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 Aqency- 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.
, . 22. 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. A.I.I. 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. Proqress 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 & 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 ifem amounts, amounts previously paid
on the contract per 6itl item, the current contract bid item payment request, and the total
amounts paid on the bid items.
2.6. Aqencv 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 putsuit of such interagency agreements and/or permits,
provided however the Port's fnancial contribution shall in no way exceed that stated in
Section 3 herein.
2.7 Desian 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 ehanges. The City shall inform
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Irrterlocal Agreement between Port of Tacoma and City'of Aubum 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, commenf 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 finro weeks of its
receipt of the proposed design changes, the Port shall be deemed to concur with those
,proposed changes. The City agrees fo 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 withthe Port and other stakeholders in the Project. The
City shall give the Port at leasti finro 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 Seyen Hundred Seventy One Thousand and Four Hundred '
Dollars ($7_71,400) no sooner than the end of the 2nd Quarter, 2012 (June 30, 2012)
upon receipt of a letterfrom the City Project Manager ce►tifying the contractor has been
paid in excess of Seven Hundred Sevenry 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 procurementCc-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 Poit shall have thirty (30) calendar days from receipt of the
letter to either return the invoice for correction or to make payment.
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Intedocal Agreement between Port of Tacoma and City of Aubum for the M StreetSE Grade Separation Project
The Cify shall certify the project has feached Substantial Completion by sending the Port a copy
of the letter from the City's Engirieer to the Contractor establishing the Substantial Completion
da.te, as required by the City of Aubum 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 confrm the project improvements, as defned in Seetion 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 AMENbMENT
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 Aubum
. 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, o.r audit is commenced,
the records and accounts along with supporting documentation shall be retained until all litigation,
claims, or audit finding has been resolvetl; 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 estatilished 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 befinreen the Parties. If the designated representatives are unable to
resolve a dispute, then the responsi6le . Project directqrs fot each Party shall review the matter
and attempt fo resolve it. If the Project directors are unable to resolve the dispute, the matter
,
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Interlocal Agreement between Port of Tacoma and City of Aubum for the M Street SE Grade Separation Project
shall be reViewed by #he department director or chief executive officer of each Party or his or her
designee. The Rarties agree to exhaust eacfi of these procedural steps before seeking to resolve
, disputes in a court of law or any other forum.
8 fFFECTIVENESS 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
Eitiier Party mayterminate 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
ceim6urse. the Gity for all costs payable under this Agreement and all non-cancelable obligations
fhaf the City incurred prior to receiving ihe 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 Gity 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
_ Cify has commeneed 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, of 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
r this purpose, the City hereby waives, with respect fo 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 deemedto be made in the County of Pierce; State of Washington, and
the legal rights and obligations of tfie 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 ofiWashington.
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Interlocal,Agreement between Port of Tacoma and City of Aubum for the M Sfreet SE Grade Separation Project
% IN VI/ITNESS WHEREOF, the Parties hereto have executed this Agreement which shall be
effective upon the date of recording. •
PORT OF T A CITY OF A N
/
G' cu i r P ter B. Lew a o
~ r v
, D : Date: 2011
APPR D AS TO FORM:
,
_ Attom
Date: ~ ~ATTEST`
;
City Clerk
. Date: FEB ~ 12011
APPROVED AS TO FORM:
Port Legal Counsel
Date:
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Interiocal Agreement between'Port,of Tacoma and City_of Aubum for the M Street SE Grade Separation Project
Ezhibit A- Resolution No. 3283 and' FAST MOU
-
,
,
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Interlocal Agreement between Port of Tacoma and City of Aubum for the M Street SE Grade Separation Project
Exhibit B-Elements of Mutual Benefit
Summary of Changes an_d Benefts _
W N `E
; ~ , y ~ ~ ans~` ;enef.its ~~s~~ ~
s
~,a ~ .
~u,k~:'~> „a.~4'r..,..^,.`.".~ ..W..a.1;:;..,,r•e~s-:'~ s~~.;~ r.i':w..,s.~..° ....x:h..,.~',v_~...r~ Lowering and widening M Stceet SE The grade separation and roadway
below the BNSF Stampede Pass Raii line widening will provide the following
benefits:
' o 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
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Interlocal Agreement between Port ofTacoma and City of Auburn for the M Street. SE Grade Separation Project
_
Ezhibt 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
sha11 so notify the Engineer and request the Engineer establish the Substantial '
Completion Date. T'he Contractor's request shall list the specific items of work that .
remain to be completed in order to reach physical completion. The Engineer will
scr.edule 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 tlie Contractor giving the reasons
therefore.
Upon receipt of written notice conctirring in or denying substantial completion,
whichever is applicable, the Contractar 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.
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