HomeMy WebLinkAboutCOW 2011-02-28 Item 3H - Assignment Agreement - Strander Boulevard Extension Phase II Project with City of Renton and Burlington Northern Santa Fe (BNSF) COUNCIL AGENDA SYNOPSIS
W 1LA -w
s Initials ITEM NO.
4 review Counizt review
r`" r Meeting Date Prepared b y P
0 p 1 Mayor's
9 02/28/11 1 BG I 1 (a
03/07/11 1 B I 1
908 1 I I l 1 3, H.
ITEM INFORMATION
I CAS NUMBER: 11-028 'STAFF SPONSOR: BOB GIBERSON I ORIGINAL AGENDA DATE: 2/28/11
AGENDA ITEM TITLE Strander Boulevard Extension Phase II
Assignment Agreement with City of Tukwila, Renton BNSF Railway
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date 02/28/11 Mtg Date 03/07/11 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date
I SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PW
SPONSOR'S Strander Blvd Extension Phase II will install a new BNSF bridge over a Strander Blvd
SUMMARY undercrossing that will tie into the new Sounder's Tukwila Longacres Station. This
Assignment Agreement is between the City of Tukwila, Renton, and BNSF Railway. The
Assignment Agreement assigns all rights and responsibilities of Tukwila executed in the
BNSF Underpass Agreement to the City of Renton.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte ►1 Transportation Crnte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DA "I'E: 2/22/11 COMMIFI'EE CHAIR: JOAN HERNANDEZ
RECOMMENDATIONS:
SPONSOR /ADMIN. Public Works
COMMITTEE Unanimous Approval; Forward to Committee of the Whole
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$0.00 $0.00 0.00
Fund Source: 104 ARTERIAL STREET FUND (PAGE 29, 2011 CIP)
Comments:
1 MTG. DATE RECORD OF COUNCIL ACTION
I 02/28/11
03/07/11
MTG. DATE ATTACHMENTS
02/28/11 Informational Memorandum dated 02/14/11 (revised after 2/22 TC)
Assignment Agreement
Minutes from the Transportation Committee meeting of 02/22/11
03/07/11
3 4 3—
144
4 41La q sy City of Tukwila
s, 1 Jim Haggerton, Mayor
n
1908 INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Transportation Committee
FROM: Bob Giberson, Public Works Director
DATE: February 14, 2011 (revised 2/23/11)
SUBJECT: Strander Boulevard Extension Phase II
lnterlocal Agreement, Underpass Agreement Assignment Agreement
ISSUE
Approve Interlocal Agreement (ILA) and BNSF Assignment Agreement with the City of Renton and Burlington
Northern Santa Fe (BNSF) Railway Company.
BACKGROUND
The previous ILA with the City of Renton was terminated since it dealt primarily with the relocation of UPRR railroad
tracks to the east in order to be adjacent to the BNSF railroad tracks. Unfortunately, an agreement for track relocation
could not be reached with UPRR. The City of Renton successfully convinced Puget Sound Regional Council (PSRC)
and Freight Mobility Strategic Investment Board (FMSIB) that the underpass option was equal to or better than the
overpass option, since UPRR would not participate in a track relocation effort. The City of Renton still has $12 million
in state and federal funds that have to be obligated by early Spring 2011. To help accomplish this, the attached
agreements need to move forward immediately. BNSF is an active partner in the planning and design of this Phase H
of the Strander Boulevard Extension Project (Phase I completed the Strander Blvd roadway work in Renton).
DISCUSSION
The current project design for Phase II (Naches Avenue to Sound Transit Commuter Rail Station) is nearly
complete (see attached map). Phase II includes a new BNSF bridge over a Strander Boulevard undercrossing
comprised of a two lane roadway that will tie into the south end of the new Sound Transit Commuter Rail Station
(Tukwila Longacres Station). All of the new BNSF bridge over Strander Blvd will be within Tukwila city limits.
The new ILA will allow the City of Renton to construct the BNSF bridge and related improvements within the City of
Tukwila in Tukwila's right -of -way. The BNSF Assignment Agreement assigns all the rights and responsibilities of
Tukwila under the BNSF Underpass Agreement to the City of Renton.
RECOMMENDATION
The Council is being asked to approve the new Interlocal Agreement with the City of Renton, the Underpass
Agreement with BNSF, and the BNSF Assignment Agreement with the City of Renton and BNSF and consider this
item at the February 28, 2011 Committee of the Whole meeting and subsequent March 7, 2011 Regular Meeting.
Attachments: Figure 1— Phase II
Interlocal Agreement with the City of Renton
Underpass Agreement with BNSF
Assignment Agreement with City of Tukwila, Renton, and BNSF
14 5
W: \PW Eng \PROJECTS\A- RW RS Projects \98610403 Strander Extension \INFORMATION MEMO 2011 ILA_Assgnmt_BNSF Agrmt.doc
146
ASSIGNMENT AGREEMENT BETWEEN THE
CITY OF TUKWILA, THE CITY OF RENTON, AND BNSF
BNSF RAILROAD BRIDGE CONSTRUCTION AND MAINTENANCE
THIS ASSIGNMENT AGREEMENT "Agreement is made and entered into by and
between the City of Tukwila, a Washington municipal corporation "Tukwila" or "Assignor
and the City of Renton, a Washington municipal corporation "Renton" or "Assignee in
consideration of the mutual covenants herein contained and other good and valuable
consideration, the sufficiency of which is hereby acknowledged, witnesseth:
WHEREAS, the Renton is the Project Sponsor for the proposed Strander Blvd/SW 27` St.
Extension Project "Project and
WHEREAS, Tukwila and Renton have been collaborating and cooperating on the design and
construction of the Project; and
WHEREAS, the Project necessitates that a new railroad crossing at separated grades be
constructed "Strander Boulevard Underpass and
WHEREAS, the proposed Strander Boulevard Underpass will be located wholly within
Tukwila city limits; and
WHEREAS, Renton, as the Project Sponsor, requires, in order to maintain certain grant
funding for construction of the Project, that there be in place an agreement between the BNSF
Railway Company ("BNSF") and Tukwila for the construction and maintenance of the
Strander Boulevard Underpass "Underpass Agreement and
WHEREAS, Tukwila is a participant in and benefits from the design and construction of the
Strander Boulevard Underpass; and since the Strander Boulevard Underpass is within the
Tukwila city limits, Tukwila executed the Underpass Agreement with BNSF, attached hereto
as Exhibit A; and
WHEREAS Tukwila wishes to assign all of its rights and responsibilities under the Underpass
Agreement to Renton and Renton, as the Project Sponsor, agrees to accept assignment of the
Underpass Agreement from Tukwila;
NOW THEREFORE, in consideration of the terms and conditions set forth within the
Underpass Agreement, it is agreed to by and between Tukwila and Renton as follows:
1. Tukwila and Renton hereby agree that Tukwila shall assign all its right, title, and interest,
and delegate all its obligations responsibilities and duties, in and to the Underpass
Agreement, to Renton.
147
2. Renton hereby accepts the assignment of all of Tukwila's obligations responsibilities and
duties under the Underpass Agreement and all of Tukwila's right, title and interest in and
to the Underpass Agreement.
3. As of the date of execution of this Agreement, Tukwila shall have no further rights,
obligations, and liabilities of any kind whatsoever under the Underpass Agreement, and
the Underpass Agreement, including the terms, conditions, covenants, agreements and
exhibits contained therein, shall be binding only on Renton and BNSF.
4. Renton agrees to indemnify Tukwila from any and all claims, actions, judgments,
liabilities, proceedings and costs, including reasonable attorneys' fees and other costs of
defense and damages, resulting from Renton's performance on or after the date of
execution of this Agreement.
5. Pursuant to the foregoing terms and conditions, BNSF hereby grants its consent to the
Assignment and represents and warrants that it shall not raise any claim against Tukwila
in connection with the breach, default, or non performance of the Underpass Agreement
by Renton on or after the date of execution of this Agreement.
6. This Agreement contains the entire understanding among the Parties hereto with respect
to the assignment of the BNSF agreement to Renton from Tukwila.
7. No changes, alterations, or modifications to this Agreement shall be effective unless made
in writing and signed by all Parties.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed.
CITY OF TUKWILA CITY OF RENTON
Jim Haggerton, Mayor Denis Law, Mayor
Dated Dated
Attest/Authenticated: Attest/Authenticated:
Tukwila City Clerk Renton City Clerk
Approved as to Form: Approved as to Form:
ASSIGNMENT AGREEMENT Tukwila and Renton
Strander Blvd /SW 27th St BNSF
Page 2
148
Tukwila City Attorney Renton City Attorney
Agreed and Accepted by:
BNSF RAILWAY COMPANY
By:
Name:
Title:
ASSIGNMENT AGREEMENT Tukwila and Renton
Strander Blvd SW 27th St BNSF
Page 3
149
150
Transportation Committee Minutes February 22, 2010 Paae 2
O Overview of the critical paths of work
Review of two utility conflicts, and attempt to resolve prior to start of project
Plans for public outreach (includes project website)
Staff has already met with Mall retailers and has another retail meeting scheduled for March 1. Committee
Member Seal commented that when in Olympia last week, Councilmembers provided project information to
state representatives. INFORMATION ONLY.
C. Tukwila Urban Center Access (Klickitat) Proiect Puget Sound Enemy Relocation Agreement
Staff is seeking Council approval of a facility relocation agreement with Puget Sound Energy (PSE) in an
amount not to exceed $231,000 for the Tukwila Urban Center Access project.
Through work with the project's design consultant, HNTB, staff has identified two utility conflicts that
could significantly affect the project completion timeline. These conflicts, as identified below, will need to
be resolved prior to the beginning work on the construction wall adjacent to Strander Boulevard as well as
the roadway widening. Since these conflicts are located on utility easements, the relocation services are not
included in the City's franchise agreement with PSE.
1. Relocation of PSE switch cabinet that conflicts with wall construction
2. Relocation of a PSE vault that will cause uneven grading
The funding for this relocation will come from the project budget as outlined in the 2011 CIP.
UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 28 COW FOR DISCUSSION.
D. Strander Boulevard Extension Phase II: Interlocal Agreement with City of Renton. BNSF Agreement and
BNSF Assignment Agreement
Staff is seeking Council approval for three items related to the planning, design, land acquisition and
construction of Phase II of the SW 27 /Strander Boulevard Extension project between West Valley
Highway and Oakesdale Avenue South.
The City of Renton is in the process of extending the above roadway for vehicular traffic between the two
cities. Phase II includes a Burlington Northern Santa Fe (BNSF) bridge over a Strander Boulevard
undercrossing. Timely processing of agreements below is critical to the obligation of federal project funds.
Interlocal Agreement Between the Cities of Renton and Tukwila
The previous interlocal agreement between the cities has been terminated, as it dealt largely with the
relocation of existing railroad tracks. The new agreement will allow the City of Renton to construct
improvements, as related to the BNSF Bridge within the City of Tukwila's right -of -way. The new
agreement does not require funding from the City of Tukwila. UNANIMOUS APPROVAL. FORWARD
TO FEBRUARY 28 COW FOR DISCUSSION.
Underpass Agreement Between the City of Tukwila and BNSF
This agreement negotiated between the City of Tukwila and BNSF outlines the scope of work and
obligations related to the construction and eventual use of the Strander Boulevard Underpass. It also
includes an easement agreement as the underpass is located within Tukwila city limits. UNANIMOUS
APPROVAL. FORWARD TO FEBRUARY 28 COW FOR DISCUSSION.
Assignment Agreement Between the Cities of Renton. Tukwila and the BNSF
The City of Tukwila has negotiated an agreement with BNSF for the construction and maintenance of the
Strander Boulevard Underpass (see above discussion). Tukwila desires to reassign this agreement to Renton,
and Renton agrees to accept the agreement's rights and responsibilities; additionally, BNSF is also in
agreement. Re- assignment of this agreement obligates Renton as the responsible party for all fees,
maintenance, construction and/or repairs associated with the bridge. As the project sponsor, the execution of
the assignment agreement is logical and represents best practices. UNANIMOUS APPROVAL.
FORWARD TO FEBRUARY 28 COW FOR DISCUSSION.
151
4a9