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HomeMy WebLinkAbout4680 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 freighf 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, #he 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 fo grade separate Street SE in the City from the BNSF Stampede Pass rail line, which will provide substantiaf 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 consfruction 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 May,or is hereby authorized to execute an Interlocal . Agreement with the Port of Seattle for the purpose of completing #he 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 z " 2011. CITY OFA - PETER B. LEWIS MAYOR Resolution No. 4680 January 28, 2011 . Page 2 , ATTEST: Danielle E. Daskam, ~ City Clerk APPROVED AS TO FORM: ; aniel B. Hei , City Attomey ~ Resolution No. 4680 ~ January 28, 2011 Page 3 - JANUARY 21, 2011 INTERLOCAL AGREEMEIdT BETWEEN PORT OF SEATTLE AND CtTV OF AUBURN FOR M STREET SE GRADE SEPARATtON This Interlocal Agreement ("AgreemenY') is made and entered into by the City of Aubum, a municipa! corporation of the State of Washington, hereinafter called the "City", and the Port of Seattle, a municipal corporation of the State of Washingion, hereinafter called the "Port". As used ' i„ tt;.s ;':greement, "ProJecr means the construcbon of those etements associated with the grade sdparation of M Street SE from the Burlington Northem Santa Fe Railway (BNSF) Stampede Pass rail line that benefitthe movement of freight and goods as furtfi¢r described in Section 1.2. The Port and the City are aiso referred to in this Agreement collectivelv as "the Parties", and individually as a "Party". RE_ WHEREAS, the assurance of continuing freight moverrient throughout Puget Sound is an issue ot 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 11 of the fAST Corridor ("FAST MOU") -which collectively commits approximatety 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 il projects (See Extiiblt A'for a copy of the agreement and the Resolution adopting the agreement); WHEREAS, the Project is listed on Attachment 8 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 Aubum 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 tine; e Reduce delays on M Street $E to trucks carrying freighf cteliveries,• • Reduce conflicts between rail and vehicie traffic modes; • Enhance overall freight:mobility; and e Improve safety andtiraffic 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 Doliars ($771,400) towarcls the construction of the Project; NOW, THEREFORE, the Partes agres as foliows: ~ Intertocal Agreement between Port of Seattle and City af Aubum for the M Street 5E Grede Separation Project 1. SCOPE OF WORK 1.1. Proiect Title: M Street SE Grade Separation 1.2. Descrintion: The Project is one of the package of 10 "FAST Corridor Phase U" rai! ' separation and Port access projects. The project will lower M Street SE below the BNSF Stampede Pass raii 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 4w 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 Gluarter of 2013, at which time the grade separation will be fully operational. 2 TERMS AND CONDITIONS 2.1. Lead Aaencv: The City shall be the lead agency for ensuring Project compliance with the State Environmental Poticy Act (SEPA) and Nationa! Environmentat Poticy Act (NEPA), and shali be responsibie for o6taining all necessary permits and/or agreements. As lead agency, the City shall be responsible for accomplishing ail 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 mutuatiy agreed upon, scheduled basis at a frequency appropriate to the phase and status of the Project. 2.3. Schedule/Scone: The scope and schedule for the Project shall be mutually agreed upon by the City and Port: AIl scope and schedule changes shali be coordinated by the City using a formal documentation process. Construction change orders that do not change Projeci funcdonality and benefits to the Port, or the overali scope or general schedule of the project wfll not require coordina6on or documentation with the Port. Any changes to the funcdonality of the Project and benefits to the Port, as listed above under Section 12, and further iilustrated by the descripfion of project benefits, the project drawing, and stamped channelization plan provided in Exhibit B, shall require approval by the Port. 2.4. ProQress Renort: The: City shail provide the Port with a copy of the approved baseline Critical Patti Method (CPM) schedule, contract bid items or summary of values, and • projecf cash flow forecast of fhe construcOon progress payments. At the tlme application for payment fs made, the City shatl provide to the Port a progress report. 7he progress report will include a narrative describing the project progress since the last report, an updated CPM constructlon schedule showing Uie current progress and percent complete of the maJor work elements, and a construcbon payment schedule. The construction payment schedule will inclwde a listing of the contract bid items or a schedule of values and a tabulation of the construcaon progress payments made on the respective cont; act bid items. The construction progress tabulation will include the confract bid item amounts, amounts previously paid on the coniract pec bld item, the current contract bid item payment request, and the total amounts paid on the bid items. 2.5. Ageny Coordination: The City anticipates that interagency agreements may be requirect with ttie Port of Tacoma and BNSF. The Port agress to supportthe City to the extent practical in the City's pursuit of such interagency agreements and/or permits. 2 Interloca! Agreement between Port,of Seattte and Clty of Aubum far the M Street 8E Grade Separation Project 2.7 DesiQn Changes: The City shall not order or approrre any design changes that negatively - affect rail movements or vehicular`traffic level of service, or o#herwise reduce the benefits of the Project to the Port as listed in Sectlon 1.2, and further illustrated in Exhibit B, without first obtaining the Port's written approval for these design changes. The City shall inform the Port of any design change thaf could reduce the Port's anticipated benefit. The City sha!l provide the Port with copies of the proposed design change for the Port's review, comment and approval. 7he Port shaN provide the City with comments within finro weeks of its receipt of the proposed design changes. lf the Port offers comments or exceptions to the proposed pians, the Port further agrees to partlcipate in meetings scheduled by the City to resolve the Port comments and exceptions in order to malntain the benefits to the Port as listed in Section 1.2, and further illustrated in Exhibit B. 2.8 Ownership and Mainienance: Except for those project improvements owned by BNSF or other privafe parties, the City shall own all Project improvements and shall be responsible for the reasonable maintenance of the Project. 3 COST REfMBURSEMENT 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 foliowing condidons: 1. A!I environmental review and permitting has been successfully completed, documented and not subject to any appeal or legai challenge; 2. The Port and City continue to work together to ensure that ihe Project developments during construcdon meet the needs ofboth parties including, but not limited to, construcGon staging and local frefght circulation; 3. The Port is satisfied that the Project, as construcied, provides the benefits to the Port identified in the preamble of`this Agreement and; 4. The Port Commission authorizes the execution of this Agreement and the payment of Seven Hundred and Seventy One Thousand Four Hundred Dotlars ($771,400) for the Project costs. !f the Port Commission authorizes a contribution of $771,400 toward construction of the Project, the Port shati make two payments as follows: The first payment ofi$385,700 after the City has made aggregate of progress paymenLs totaling at least 50% of the overail construction cost for completed constructfon. 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 comptete, supported by a progress report. - The City shali certify the project has reached Substantiat Compietion by sending the Port a copy of the letter from the City's Engineer to the Contractor establishing the Substantia! Completion date, as required by the City of Aubum 2010 Standard Speafications. (See Exhibit C) Upon receipt of the letter, the Port reserves the right 1o request'an inspection of the Project, to confirm the project improvements, as defined in Sectlon 1, Scope of Work, and Exhibit B, are in place and fully operational. To allow the City to proceed with the construcdon contract approval proces; 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 saitl inspection. 4 AMENDMENT Either Party may request changes to the provisions contained in thisAgreement. Any change to this Agreenient must be mutually agreed to by both Parties, in writing and executed with the same formalities as the original Agreement. - ~ interlocalAgreement between Port of Seattie and City of Aubum for the M Street SE Grade Separation Pro}ect 5 NOTIFICATION Any notice reguited or pernutted to be given pursuunt 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 Agreemenf: , To the CITY: Jacob Sweeting, Project.Engineer . City of Au6urn Public Works Department 25 West Main Stieet Auburn, WA 98001 To the PORT: Christine Wolf, TransportaUon Program Planner Seaport Leasing and Asset Management Port of Seattle 2711 Alaskan Way . Seatde, WA 98121 6 RECORDS RETENTION AND AUDIT During the progress of the work on the Froject 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 sind accounting thereof are to be kept available for inspection and auditby the Portand the City shall provide the Port with copies of all records, accounts, documents, or otherdata pertaining,to the Project upon the Port's request. [f any litigation, claim, or audit is commenced,.the records and accounts along with supporting . documentatiorr shall be retained until all litigation, claims, or audit finding has been resolved, even though such litigadon, cfaim, or audit continues past the typical three year retention period. This provision is not intended to alter or amend records retention requirements established liy applicable state and Federal laws. 7 DISPUTES The designated representa6ves herein under section 5.0, NOTIFICATION, shall use their best eFforts to resolve disputes between'the Parfies. If the designated representatives are unable to resolve a dispute, then the responsible,depsutment or division directoFs for euch Pany shall review tlie matter and attempt to resolve iL If the department or division direcfors are unable to resolve,the dispute, the matter shall be reviewed by the public works director or chiefexecutive officer of eflch Party or his or her designee. The Panies agree to exhaust each of these procedural steps before seeking to resolve disputes in a courf of law or any other forum. 8 EFFECTIVENESS AND DURATION This Agreement is effec6ve 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 TERMIPIATiON Either Party may terminate this Agreemenrat any dme upon thirty (30) days written notice to the other Party. [f either Party decides to terminate this Agreement, the Port shall reimburse the City for all costs payable under this Agreement and aIl non-cancelable obligations that the City incurred prior to receiving the Port's noace of its intent to ternrinate this Agreement. For the purposes of this Agreement, "non- cancelable obligazions" are defined as those costs that the City is obligafed to pay as of the day that either Party provides notice that it i's terminating this Agreement, including the Port's percentage of the rotal cost 4 ~ Interlocal Agreement between Port of Seattle and Cfty of Aubum for the;M Street SE Grede Separation Pro(ect 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 reacfied Complelion. 10 INDEMNiFICATION AND HOLD HARMLESS ' 10.1 7o the maximum extent permitted by law, the Gity 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 attomey'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 obligatians under this secton extend to any ciaim, 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 respecf to the Port only, any immunity that would otherwise be available against such dafms under the Industrial . tnsurance provision of Title 51 RCW to the extentnecessary to provide indemnification as required under this Agreement. 10.3 The indemnification, hold harmless, and/or waivec obligaUon 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 Ciry and Port shall be determined in accordance with the laws of the State ot Washington. Ali 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. 5 , interiocal Agreement between Port of Sesttle gnd City of Aubum for the M. SUeet SE Grade Separation Project PORT OF SEATTLE UBURN , Tay Y rtani, Chief Execurive Officer Peter . Lewis, Mayor C>ate:' iS~l Date: AP ROVED AS FORM: Pori Attl )4ttd'47' Date: `C Date: -z- L L l d~ l . ATTEST: ~ - Ci Clerk FE9 112011 Date: . 6 I Exhibit A- Port of Seattle Commission.Resolution No. 3500, authorizing the 2002 FAST NdOU Exhibit A-1 . . RESOLUTIUN NO. 3500 A RESOLUTION of the Port Commission of the Pon of Seattle authorizing the Chief Executive O€ficer to enter'into a 2002 Memorandum of Understanding for Phases I and II of the Froight Action Strategy for the Seattte-Tacoma ("FAST") Corridor. WHEREAS, the asstuance of continutd freight and passengor mobiliry throughout the Puge► Sound is an issue of critical strategic importance to the Port; and ~ WHEREAS, the Port of Seattle has joined with other agcncies and private partners i.n the Freight Action Straeegy for Seattle and Tacoma ("FAST'7 Corridor partnership; and WHEREAS, this partnership has resulted in the completion of several of the grade separations and port access projects. and substanave progress on the remaining projects envisioned in Phase 1: and WHEREAS. representatives of the Port of Seatde; the Washington State Department of Transport ation (WSDO'I), Freight Mobi[ity 5uategic Investment Baard (F~AIB), and r Transportation Improvement Board (TIB); the Puget Sound.?igirnal t'ou;icil, the ports of Tacoma and Everett, King County, Piev^:.-.::Wntc anc3 °..:;nomish County. The Burlington r, Northern Santa Fe Ra'1•.-#ay Compahy..tt~F?•:.~ion Pacific Railroad Company, the Washington Trucking Associarton..30. ate cities of Tacoma, Fife, Puyaltup, Sumner. Pacific. Algona, Auburn, Kent. Renton. Tukwila. Seattle and Everett, al! Ixated along the Everett-Seattle- Tacoma corridor, have reached consensus and recommended the prnjects shown in Attachment B to Exhibit A of this cesolution as a Phast 2 program of projects for an integtated freight mobiliry stralegy; and WHEREAS, detailed procedures for funding and disbwsement of funds and othe.: factors among the FAST Corridor partners will come before the Port Commission for review and approval on a project by project basis; NOW, TNEREFORE, BE IT RESOLVED by the Port Commission of Seattle that: • Thc Chief Executive 4ff►cer (CEO) is hereby a.uthoriaed to execute a 2002 Memorandum of Understanding for Phases I and II 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 exacuted MOU shall be attached to this Resolution as E.xhibit B. ADOPTED by the PoR of 5eatde at a regular meeting thereof, held on this ~fp. day of ~ ,2003, and duly authenticated in open session by the signatures of the Commissioners / voting in favor thereof and the seal of the Commission. . , PaTRtcIA onviF • ~ O,. PAIGfi M1LLe4i CtNiE t'WR041JIST . i . • ~ ~ . ~ Etvice r nnoLLoY ~ BOB EDWAROS - Port Commissioners -2- . , Exhibit "A" to Resolution No. 3500 . . , . . Y. .,n~Y~ . • . . . .t-- n.-u,a:• , - . . . . . . :;'~'•,•~'a'vt'~:`•y~.r~:;~,:'.~`a• `<ll#. '~!:}',7F.j'.'`~ti•... . + r 2002-me M~ . •i6~~'!s ` ' 'Att~~' . 4 7r •;w;a , p~. .h. ~ !or ~1~o~'~'a ~..:~~~R~•::. . , . . aY x:~~`' This INemorandum of Understanding (MOU) is antered into among the signatory panfes as an effort to articutate a set of mutuaUy agreed upon steps to enhance freight mobility throughout the centrai Puget $ound Region-from the area of Everett in the north to the area of Tacoma in the south, and eastward rowards the SR 2 and 1-90 mountain passes-the FAST Corrfdor. 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 memberagencies, to . assist each agency to plan towards meeting its share of the Phase Il costs and responsibilities. In that spirit and context, it is. agreed among the parties as follows: : , Pre/n/:aeS: 4 1. The namrf "FAST, Sorridor" refers to a series of related but independent projects ,r•' and actic;~~~'which incrementaliy and when completed.systematicaily improve freight movement and mitigate the impacts of increasingiy intensive use of the . freight transportation oomdors in the Everett - Seattie - Tacoma region. a) FAST Phase I refers- to the fifteen projects selected In the first priorittzation 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 pr1oritizatiwn process at the FAS7 Corrador. These ara delineated iR FAST Corridor 2002 MOU , Attachment B. An addjttonal seven projects were identified as probable candidates for future indusion within the FAST Corridor (Attachment C). Th8 faSt, efficient and reliable movement of ireight is viia{ to the economic heaith and weil-be(ng of the Puget Sound Region, the State of Washington and the nation as a whole. 3. Intemational trade in, out and through the Puget Sound ports, as well as generat • ireight (nto, out of and within the Puget Sound Region, is experiencirtg increasing congest(on due to more Intensiva use of transportation corridnrs, the general growth of freight, and growth in other vehicular traffic of the region. 4. Represerrtatives of the Waehington State Department of Transportatfcn, the Puget Sound Regionai Councll, the ports of Seattle, Tacoma and Everett, King Courrty, Plerce County and Snohomish County, The Buriington Northem and Santa Fe Railway Company, the Union PaciBc Railroad Companu,the Washfngton Trucking Associatfon, and the citles of.Tacom.a, R4allup. Sumner, Flfe, Pacific, Algona, Aubum, Kent,.Renton, Tukwpj:;; SeattlE, and Everett, all located along the Everett S;attle-Tacr.• na Gr rrldor, have met, discussed, .anayzed, rean: ied consen.-w !Q; :.,~Q recommended the projects shown in AttaChment3 A a.r;. das an wimmedlate priority' program of prajects that togather a". torm the t(is"i an,d second phases of an integrated treight mob(lity corridor strategy. 5. This integrated freight mobility corridor strategy is consistent with the Puget Sound Regtonal Counci-l's Metropoiltan Transportafion Plan (Destinafion 2030). .fi. Ongoing prxesses to assess statewide freight. priority needs have conslstently identified the FAST Corridor program as having high pdority 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 Conidor program.. --2- FAST Corridor 2002 Mt3U . 8. Project dei'Nery 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 delivsry with the remainder of the Phase I projects, as well as with the Phase 11 program reccently selected. . 9. Impiementation of the FAST CoRidor wiil be enhanced if each party can safely , anticipats that the other parties wfll be committed to a pre-agreed share of the cost In order to fulty fund• the immedlate priority pragram shown In Attachments A and B. The FAST Partners believe that tying costs and beneiits to flnancial participation in the program is a critical element to FASTs ongofng suocess. 10. All funding partners wili need assurance that their expected particlpation In FAST Phase II projects will be tted to the total program costs agreed to and shown In Attachment B and will not be expected to grow as individual proJec4 cost estimates are refined during the project development process. . . , ~ , v -3- FAST Corridor 2002 MC}U ' . . Understandfngs: , 1. The FAST Corddor projects listed in Attachments A and B wili improve access to oort areas and resolve modal confilcts at railroad grade crossings and will complement investment by the railroada, Sound Transit and the State to Improve the overali capaciry and reliability of the mainline'rail corridorfor both freight and passenger operations. The FAST program of improvements wiil also enhance the capacity and reltabiliiy of the highway trefght transportatfon corridors In the region. 2. The FAST Phase 1 projects (Attachmant A) are desmed to be~ the higheat priority of the FAST Corridor projects. The Projects shown In Attachment 8, ten additional projects: selected in April 2002 for implementation over the next three years, constitute 'FAST Phase II.' These are immediate ptiority.prajects, but subordinate to the Phase I projects. A!{ prioritlzed pro]eats are to b, considered oollectively as a single "corridor' program. ' 3. For the FAST Phase II program;, the partnerz~ejr~v(se the foltowing funding y . ; participation goals:,,,,.~ .w' a) Fedr,rai funr+;.ng through TEA 21, section 1118 (and its successor(s)) graz~a shouid prvvide 35 percent of the program costs. Additional federal funding (e.g., STP grants) wi8 be targeted to provide.another f(ve percent of program cosb. ~ b) State funding. induding WSDQT, FM$IB, and TIB contributions, should provide 40 percent of program casts. It is recognizecf that the trucking community contributes to this share through the fees and fuei taxe-I :hL., pay into the system. _ c) The Ports of $eattle and Tacoma shculd collectivety provide seven percent of prograrri costs. --4- FAST Corrid4r 2002 MOU d) The Union Pacific and Burlington Northem Santa Fe Railroad . Corporatons should. coliectively provide project shares equivalent to three percent of program costs. This contribution could include redirected federal aliocations of raii diesel taxes if TEA 21 reauthorizatlon authorizes such aliocatlons. 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 fmplement, using thelr own funds or other funding sources not otherwfse noted in this MOU, and inciuding funds previously expended to develop each project in advance of full program funding. . fl Where appropriate, additional fundtng will be sought from other agencies and organizations receiving significant benefit.from specific FAST projects. 4. Each indivtdual praJect shown in Attachment B is the impleme!-.ing agency's responsibility to design, permit, and construct as al,r .,mtal m:.tter of course In capital project development, and implaanent-Mion-of any individual FAST Corridor . ~ pro)ect will be. ~ependent upo~ ~~ing authorfzatlon by the party or partiea responsiblE for tha". otoject. ~ 5. The exlsting FAST Corridor Agency Staff Team (FAST CAS1') will continue to ~ meet in orderta monitor and promote both the Immediate prioriry program shown ! in Attachments A and B, and other identif(ed FAST Corridor prtorities, and to ~ facilitate communications and agreements needed to implement these understandings. • , a) Fundfng for the ongoing management of the. FA3T Corridor by the WSDOT will be drawn from awarded TEA21 Sectlon 111811119 (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 , . , year. These funds will be transferred to a WSDQT account specific to FAST management and expenditures at the time of o6ligation. _ This MOU shali remain in effect until superseded by a subsequent M4U or other agreement, or until earlfer terminated by written agreement of all the partias. 7: This MOU does not create arry legally enforceable rights or obligations on the . part of any of the signatory agenaes. Signed by: Washington State Depanment of Transportaticn (co-sponsor) King County Pierce County $nohomish Counry Pon of Seattle Port of Tacoma Port of Evarett Ctty of Seattie . City of Tacoma " City of Everett 't City of Aubum City of Kent ~ Ctty of Tukwila ' Ciry of Puyailup ' Ciiy of Sumner _ City of Renton City of Pacific City of Algona City of Fife The 8urfington Northem & Santa Fe Raitway Union Paafic Raiiway The Washington TrucWng Assxiation Washington State Freight Mobility Strategic Investment Board Endorsed by: Puget Sound Regianal Caunctl (casponsor) . --6- FAST Corridor 2002 MOU . . 1 ATTACHMENT A: FAS'T Corridor Phase I Projects ' Prolect Name lmalemeMtna Aaencv Califomia St. Port of Everett E. Marine View Drive City of Everett 4181 S~ ExiensioNRiverf ront City of Everett Parkway Overcrossing Spokane SL Cfty oi Seattle Royal Brougham (SR 519) WSDOT " E. Marginal Way City of Seattle S. 180' gt. City of Tukwila S. 277' St. City of Aubum 3'd St. SW-/ BNSF crosstng City otAubum 8`" St. / BNSF crossing Pierce Counbv ' Shaw Ad. Extension vny,!,f Puyal'`up Canyon Rd. Extor:,mi ` Plercg COUnty . St.. Clty of Taooma Port of Tacorria Ftd. WSDOT ' ° t'167 (R/W only) WSDOT --7- FAST Corridor 2002 MOU ATTACHMENT B: FAST Corridor Phase 11 Projects for Immediate Imptementation (Figurea in milUons of dotlars) ProleM Nam• Imaiementtna Aaencv Estlate Duwamish ITS Project City of Seattle $ 7,21 WSDOT ITS WSDOT $ 30.00 SR 9 Widening WSDOT $ 45.98 Lincoln Avenue Port ot Tacoma $ 26•00 S 228th Street City of Kent $ 48.00 70th StreeWalley Avenue City of Fife $18•86 M Street City of Aubum ~ 22•04 Eighth St--UP Pierce $ 20.40 Lander Street •j=" ~ity c.*t seiattle $ 23.93 _.,r.. 20.80 Will!~5 Gt Ctty of Kent fotal~: 26282 FAS7' Corriclor Phase 11 Partnership Funding Goais Section 1118 funds $ 91.99 other federaf funds $ 13.14 state funds $ 105.13 port funds $ 18.40 rail funds $ 7.88 impiementing agency funds $ 26.28 Totai $262.82 Tost estimates are irom 2002, a. nd given in 2002 dollars. --8- FAST Corridor 2002 MOU ' s ATTACHMENT C: Candidate Future FAS1' Corrpdor Projects . (Partial list, figures in miflions of dollars) Profect Name Imalementln4 Aaencv Tota1 Proiect Cos4 Estl~ SR 18 WSDOT $ 217.17 SR 509 WSDOT $ 127,00 Strander Baulevard 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 WSDOT 24`h St Grade Separation City of Sumner $ 5.50 Total $ 431.75 'Cast estimates are from 2002, and given in 2002 diliars,X 'i'his list ;s not exclusive, but is a listing of projects that are current ;ps ~ritized to ie FAST Pariners through FASTs Spring 2002 prioritization procesr, and are r,,t ar^)ng the projects programmed for Section 1118 funds a! lnis tlme. j. ~ i ; i --9- FAST Corridor 2002 MOU ^ , . y . M. R. I)insmore date _ ~ ve Officer 10 - FAST Corridor 2002 M(]U Interlocal Agreement between Port of Seattte and City of Aubum for the M Street SE Grade Separation Project Exhibit B-Elements of Mutual Benefit Overview Proiect Descriotion This project will improve the flnal 1,700 foot segment of the M Street Corridor, which is a regionally signifcant.prinapal arterial connection between Washington State Routes 167 and 164 (Aubum Way South) through Aubum, King County k' 1 Washington. The M Street Corridor connects regional and manufacturing growth centers, serves locai and regional destinations, and provides an essential freight mobility fink. This project is located on M Street SE between 3rd and 8"' 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 raiiroad bridge, widening the roadway from 2 to 5 lanes, and adding bicyde lanes and sidewalks. • ~ Proiect Need This project was identified in the 1997 Auburn Stampede Rail Traffic Impact Study as necessary to mitlgate the impacts from BNSF expanding operations on the Stampede Pass raii line. The study identified that up to 22 daily trafns may operate in the future on the Stampede Pass line and create y~. • . perpetual gridlodc throughout the City and. on nearby State highways. M Streef SE has also 6een identifiect as a Freight Action Strategy (FAST) corridor project. FAST is a multl- agency coalition dedicated to improving freight mobility . throughout the Puget Sound Region and mitigating the . ik? impacts of freight movements on local communities. .s Proiecti Beeefits Completing the M Street SE Grade separatiorr'will not aniy Improve freight mobility for train and truck traffic, it will aiso eliminate the signiflcant traffic hack-uPs that. overtax the City's artedal street system. These backups impact emergency vehide access, the 53 daily schooi bus crc+ssings; residential and business drtveways, and locai neighborhood streets. The project will aiso provide secondary that include improved travel times; reduction of cut through traffic on neighborhood streets; air quality alony the corridor, and beautlfication of one of Aubum's icey gateways. By separating this existing at-grade/street-raiF crossing from the railroad safety will be substantialiy improved. Repiacement af the at-grade crossing eliminates the possibflity of fatalities arid injuries that often result from mllisions between trains, vehides, and pedesMans. It also eliminates bloddng delays that cause traffic congestion/ddays, reduces the intrusive noise from train homs and automatic waming devices, and wtll improve emergency response times. Exhibit B-1 Intelocal Agreement between Port ot Seattle and City of Auburn for the M Street SE Grade Separation Project -r? - ~ t , e« ` ~ , ~ ` , 6 . i ~ ~ •~Y .~„lt~~rs ~r, ti ~ : , , e r~ , ~~I,a 4. a ••,1 6T ~ , ~ •t pp'i~ . . ~ r ~ - - . ' ~ • s.~~ • a . 18 t~ 'i k . :a • , . ~ ~ ~ ~r+,ll ; f M Stra:t ti6 C;radc Scpuratian ~ , ' • , 7i ~ ' `w: " Vicinity Map ~ N f 3. # AN 4 ~ ~ ~ ~~~f 4m . 1 N t * ' ~ s/ r ~ . ''~•~f,•. Status U ate Design Is 8046 complete and Is expected to be oomplete by next spring (2011). ROW Acquisition is 30% complete and is expecbed to be complete by next spring (2011). Property management of aaquired homes wfli include demolition as needed for safety and security. All design and ROW funding is secured. ' The entlre construction Is antlcipated to last between 18 and 27 months (depending on train volumes). Train valumes impact the construction costs and schedule signlficantty as many key work elements must be limited or stopped when trains cross. Coristructing the project while train volumes are down, due to the recent economic downturn, could resuit in a shorter construction duration and significantiy lowered construction costs. Assuming funding is secured, constructton Is scheduled to start late next year (November 2011). City of Auburn Contacts Jacob Sweeting, Project Manager, City of Aubum 253.804.5059 - jsvyeeti'I„ a,D, auburqwa.gQv Carolyn Robertson, Govemment Relations Manager 253.931.3096 - aobertsanCcuauburnwa.aov r IMeriocal reemeM between Part af Seattle and City of Au6um twthe M Street SH Orade B aredon P ect, . Stemped GhanneflzaUon Plan , 1 . . ~ . SEC: 'IB, T21_N, R OS E. W.M. • . y~: ' . . . . _ . ~ STOP IVl ~ ` db' ENOS PAVEMENTMARKINGN ~ W . . . s ehE t~ fOR/7 O ]R'1[7o' aNA WB~uPN~67R WRNiwM VER0EL1a0 OAUBLqW~MYIG~~NTIIAVYPEAO6TMAON ~ 33 8111 4.0 ~D ~ ~ FNG Y OPAWIEDPWlYIB&OPIANElW8N7MRPYVERAUBU~NSTD, ~ 1 . 0 BE6U1 ry U6TNLti01FFlG0. ' ~ . . 1f t0 I 7 ' PAMEDIWOWAYIEFINRNlNJ881NIPFW1111RPYPEq • . . . . . . ~ • . ti_~,-+~_`r. OWfA➢.COINIBURN81D.OfifALLTMfFIG~,1 < g5 ~ . N OPU181IL'W80LIDWlPI6CR0831q111[87NIF8PFAAUBUp1~ 810.0fiiNL1N11Fi1C01. . - - - _ _ _ - _ - _ _ M-IINE - - - - - = t~ Om.mc~ w+~esronerwoFn~uauiwsmoErN~ M STitEET SE - - - - - x. - - - OW`w ,',3s'-'►.~=...~~~ - ~ - ` PLASnO p a, . r o ~q~aqrmnug - - _ ca+ofii~uoaN . , . ' b . Q AUBVRNGeL1¢7RhFpC.y, '.9EQ1N t .VPt. . ' _ r... _ • ----W-- q'~ All/I!D W/EYNWN6PFRIWBIIRNBT0.GETNL12lFHGU. . . 7 /1' RT BE J :WIT.WRd18703r ~~~'~~MMIHBtImlAMUNFVERNJOURN . ~ ~ _ _ f . _ . . . _ ` _ ~ u Z2L~s'.V=.sououKlwevFnwsaors% • scao ~ 8 t0 ` ~ : - - ~ 81~ ~ D ~ ~ . . SIGNING NOTES• i i Nsnw.awstneeraMvEtAueurwemoerAttn~m w•> >o- ~ em .css zrxar zx (D u~TOtm~+tuiort~s °vu ieP~oaew~wws.UT"'~'wcr.n~oa"K AHEAD Ri178 NSTALLMflrelOpB)q7NEWPOSTPFA . , 77X1i O .DVER71110fi8 MIOGWAGBMCT'OFNIBURNW4AFl41HCEIWO • . O NSTI41MW8iRE4TWUNPFRWBWHSTO.DEfALL7q/I~FAC.Sl. . . - . , . . . O N9LW.oasTwoM►FlCSIGN(SlaNwwvOSivpA1~~ . e1~srlW qyr- l 0 !p y p u~MYC fGt[ OVIUFD Y~{S ~Nµ~A ' ~ N0. OW RwtAOn W1i1WOa[Ww~mlmmNW~BVpOC1Y1 BT _ IlB4li'~IL~~ YtpO ' . ~ t ~ a»amna,w~.m+w.. ~+r unrmn ~ CRYOF ,!PUBUCWORKSOEPARTMENT .a~flHmar wr¢ M$'rREETSE m` swe ; ' 1zsweaee~a~nsved 6RADE SEPAEIAT/ON ~01A ^"bun,.wa.m an ' ~ CHANNELIZATION ~ ~ ANO SIGNINO PLAN ..A~ ~r~~.MH~~.L. . :wtr ~ERALUOVNOJH,TIW.i7RNOn~om) G1t , . . . - tO1a182 Exhtbit 8-3 . ' ~w ~ • ~ M 17+00 SEE ABOVE Ip fr J). s M 13+00 MATCH TO DWG CH-1 p f~ ~r~ r I S ' ~ C ' ~ ~ ~ a. 'Dm g . `y D ' ~ i ~ ~ t ~ ' g n m . . i ~ a ~ ~m~u ~ • s o ~ ~ ~ ~ i L•. _ ~ ' °:G~N ~ I I t I , ~ a I ! ° s ~ I . ~ ~ ~ • ! . c e y Y 3 B-LI $ ~ ; ~ ~ ~ • 1 ~ ' SR-i8 ~:3 ~ • , ~ m . ' ~ I ~ , i ~ I ~ . c~ . 10 m ~ ~ • I , ~s C~,:~ m i* ez a _ '.r.-~• ~ f ; i ' + C q - . ~1 I _ ~ rn ~ ~ ~ . fI -i_~ 9 ' I • ~ ~A ~ L F ~ • . , ' ~ ~ . . BNSFRAILROAD Y, 1 x ~ f _ _ . rm • . , . F}RLINE - 86 E 9 ~ 1 : ; ~ ~ ' ~ m v j _ . ' ~ I . N ~ r.-. . ~ Z I ` ' . - I O 1 r ~ ~ _I o ~ ~ ~ • _ ~ I. _ ~ $ „ ~ ti~~ ir ,r : _,r _ ~ r. ~ ~ . . ~ M 21+00 MATCH TO DWG CH-3 ~ s 9r m~ ~ M 17+00 SEE BELOW ~ . ~ • ~ . ~ ~ I"~ 000000 000000000000 ' ~~~-I ~ 9 H ~ ° mc ► z Z v m m A m ~ o. •~p, ~ ~ ~ ~ ~ . < ~z$m g~ S ~ ~ ~ ~ ~ $ ~ ~ ~ - Z ID~ g . ~ - ~ C201A-MSfltEETCiNDESEi'MATON ' Intedocai Agraement 6atween port of 3eaqie end CI of Auhum Por the M Street SE GraQe Se ration Pro eQ . Stamped Chennelization Plan SEC.18, T 21 N. R OS E, W.M. AHEAO ~(ft 4TM 49+25 MATCH TO OWO CH-4 ONAUBURNSfD.OETM.7PAfF PAVEMEM i MARKINO NOTES: ~ 7PX'It 814LM1[ 2 ' 1~' R ZO' t a ~ , - ' 1 Q ' O PAIN7E0OPUBt! VF110YN LBlIIGD. ERUNE Wrt11 RVM VER OkTli0. 8 . ~7 t FNO 12ALT ~ . X24 191G 3.lAR! . - ~ PNIII, !'WWfE60Rfi6TP1ifiWIINRPMPBiDFfNLAON 3 . . - . I ' . . ' . . O AUBWttI8T0. CETM.7MFAC4l ~ y 0 ~ w DI I~ I Ii E t F1 PA4lIFGPN?UIESIOPIANEIWEWIMIIPMPERMI8URN819.. ~ ~1 O 02flUL1NAfR640. VM7fEOtWOWA~LEFfIURNUWH47PNEYK111NP4PER i : . • 6 i ry) ' _ - ' - _ • ~ . . 1 ~ O6fMCONAU8UAN61D.CE7l1LLiRARiCA1 rc.: STSE _ _q OsroPLASTIC.oer°u`~~wiscaosmuxamwevrxi,ueunx . . ~ ~ ~ ~ ~ ~ O7R~J7. ~ ~ - r - ` •50UDMMAEeTOPlMG6!AUBUNNSfO.OEfM - - - - 4RiTAYER , - ^ m O TrUIB 22400 s ~41T Ht ~ . O ~A~LLE°~ .NW~76lET1E~v61,;VWw, ~ - M ST SE ~ M STREET SE ~ O~ SRPSTNPEPEROETNLDON N - . It - . WWbTII. -r~.. e~ v . OPALVIEDWKE{/U18NANU/NYHtAU0UN1181D.DEp~Y.TR~FRG~. _ D ►a.vrEnrsarovmrreeumw~uirevme~veurw Ip . . - ~ 10 smotiAaTnAFqcu. ED aArrtM 4•wWvsouowteLM venwsooiem ~ ~!?Yl . ~ om : .s~Rr : _ ' t2ao . k oerµrrm.iooi. . .tssv~~csar 3 o~, et . • . Erid n .nbcr eEOw a .1eat4s~esrtt et~ " ' R.~~ SIGNING NOTES: , ' END t.SSiIT BEtt tt 273tiM 811F 7P%fi Oj ¢1STI11NOWSmf6TSxitPFRMIBUR718N.0E7NLiRAFfIGSl. . • END 9 2iART 6E6WIAEDNNTMER6lTA38RT H117 . _ . : rxx.• O c16N(s) roeEwsAUieooNw~sTrxu.sE61nl1FRC.a~cq&L . ~ qLV1~hY1710N.M101I8PU1NSHDRSIGlUI.~pg{~ LOGTOt1 , I ' . _ . _ . . _ . 841 O WSTHLNEw510'1(SIOdNEV/P09iPFR 1-Pd 1 1 .H•LT61TM~ ~.SF O NOqYE81GMANDSl1LVA6ETOC1irOFA 9LM71MMH1ElUHCEANJ ll .0'0.TWTQ1ElO5T • . OPERhilON4. ~ : . . . . ~ ~ . , . . Q I. NSTMLNkW81Xl8~ 6IGNPF1iA118UNNSID.OETNL7RnFflC37. Q . . . . ~ ~ ; . . ~ 35 ~ . ~ (D waLW.ENSnH0lnAfflcaWNla)oxKWrWivFR cxw . ~ ^ - . . ' . ' R7-7 N ~ - - - - y - - ' . 11`X80'. . . I E _ N _ _ _ _ _ - a. IIW! MSTREETSE ~ - --1- M*ET~ - . - f ~ 0 3b.8t<St5 . _ ~ac ' .1. . 4 ]y~~ ' . b°... ~ . ~ . . ~ / . .r _..........,~_..r".; ' ' ' _ " ~ ~ I . . _ . _ . . ' . . , _ i - . ~ ' ~ o s ar.s~c.aw • - - . _ C~' ~ - sx.str ~ . as sx m ~ , ela u~t srm i srM sz' r e ~ LIMR LIMR ~ . ~x:`• 35 25 ~ sror 3rd =S R7-07C N2-1 Rbt pyZ Rt;t . . 30'%1i M'%b` N'%W 21'XM' ]0'%DP . _ . . ' CWR~c G4[ . . • • • . . BV IIRD YIIYfIEAW MfA ' r1BA66 C11LL ltFOpB► W OIO 7.lOOAf6246~ Na. DW RwMbn e~cwmrtrtwur.r~mm~unwMaaicfq BY DA16 ~.~s.r~ . ~ Orwn 1L1fiD10• 7~ M. ~ . ' 0111E: . . . :<.:.f:i - . ~ nrNan.~c~m~a br. ~.+...a a unxsw. ~ti M CIIYOF czon PuaucwoRKSOevnan~eenrr STREETSE , ~ e~ 1= 25westMainstieel . , , iW ~ GRAD@'SEPARATION ~ , bum, WasMngton i ~ ~ '~i~r . WnSHINGTON i CHANNELITATION 11a1 AND SIGNINCi PLAN .MCCr • CH21U9HILL ~orwuow~«asrvo.,os~com~ • a+a Exhibit B-3 . Intedocal A Yeemenl between PoA of SeatUe and City of Aubum imthe M SUeet 9E Grade 3e araUon Pro ect . Stamped Channelization.Plan - 'SEC. 18. T 21:N. R OS E, W.M. ' u LV EP.r'ARKING NOTES: FMI~EDDOi:'wFYELLOWCENfE1LLWfiw1MRPMPFADk7IAB 3 a oxAuawwsio.csrAam~csic~a. 2AU.^'+D~GORE~ RPYPEFDE7NLAd! ~:3 ~oNMW .•WKMMGP LOM, t"WS„FtP„PER AMURN „o. ~ ' 4 DETAO.TRAFfiG0. ~ e . . ~ 6 • . 7P%3C ' " , OPAIMiEOlWOWAYIgIiURNIANEbili04N71i1RPMPER t z''. ~ ~ • ' . _ . ...~,Z - OgKASG~SCaossw swc mve1vsnureww ~ OTNIPFlW7.5O"UO wiarE $fOV6WPERNI&liW 610.0ETlIL ~B~ s rttr ~ P1A371ClANEiABPAVEMFMMMpNpDEWLViNAUBURN ~ ~ sro. oeru m~css. 4T1i3TJ E 49W) . OxnsncuaeusevavaAEMrwarwaLarWaePEnAueww 4~ sm. oer~c ~ 1 ~ 1 ~ N Op !'WHR6VMlfE%IEN&oN810PDiRIPEYlRDEM0.DON .9 ~ AU911RNB7D.DLRALTRNAW3. W N ~ _ to vNNTE118010EW/EMINIOHOVFAAU81UJ aS1D.DEGIL 7R/bT~CSI . . _ i,! PIlNfEOCSOLIDAC~..WXII6BYTilAHEIQ@PERAUBYHN .4. . , ' , ! H I . P .1 .6100 Ef M7FV~i p.~M~O~ ~ 60UGW1EUXEOERWbDDTSI0. . . OILY I . SIGNING NOTES: '3sz3r (D wsrAu.uewsrREErsrcneexAuawwsro.obrALrnMsic.sa zrxar . ' O 61[iNISiTOBEO~SIAt1FGON1MSfMM.6EE7RAiF1R816N.L - ULWNR7ION.At01fSPlNiSiORBNNK IOCATON. O CISTNLNEW&Wl(8)ONNHYP08TPBi 1 L-4,- O AND SKVAGEiOGiYORAUBIRWWWIE74NCEANO t IN9LW.NFaSIAFEf810NVPRA118UW16I40kTNL1RNPiC87. Auoamxo~ i IoNNEWPOSf IMST &Gx e p~{ . : . i ' 0 ~L _ ~ 8TH LINE ~ = s ESTwv wa Nf1 mas. ~ W BTHST3E M _ «3LJ r" I .N. e w~ a trw~ ~ . ~ ~ . ~ - ' . . o » a a aRAR.c tcv[ - . auaIED untmrsw~wrw . rLEwseeeraeaonsrarwo RMiM 01118 -.+aoo.asaaeu N0.- OM ptY10lWLIW[W4C6100~POYIB~Kf4 . BY . . . M7E: ~ ~ 9~ ~ PUBLICWORKSOEPARTMENi z•z-~• ~a A s~~ 25 weu Main &ueet GRADE SEPARATION ggg m . `t Auhum, Wesh' on • wASHINGTON ~ CHANNELIZATION ' 'O1 . ~ CH?.IMHILL FRIERAL„mPRoxcr,oAND SIGNING PLAN •«cti~ • ,o~.,~ Exhib(t 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 Coxnpletion" Per the 2010 City of Auburn Standard Specifications 1-05. l 1(1) SUBSTANTIAL COMPLETION DATE When the Contractor considers the work to be substantially complete, the Contractor - shaU so nofify lhe Engineer and request the Engineer establish the Substantial Completion Date. The Gonfra¢tor'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 unilateraliy. If, after this inspecGon, 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, wiq set the Substantial Completion Date. If, after this inspection the Engineer does not consider the work suhstantiaUy 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 nofice eoncurring 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 shali provide the Engineer with a revised schedule indicating when the Contractor expects to reach substantial and physical completion of the work. ~ The above process shaIl be repeated until the Engineer establishes the Substantial , Completion Date and the Contractor considers the work physically complete and ready for final inspection. Exhibit C-1