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HomeMy WebLinkAboutTrans 2008-01-15 Item 3A - Interlocal Agreement - Strander Bouelvard Extension with City of RentonTo: Mayor Haggerton From: Public Works Director Date: January 9, 2008 Subject: Strander Boulevard Extension Proiect Project No. 86 -RWO3 Interlocal Agreement with the City of Renton ISSUE Approve the Interlocal Agreement (ILA) with the City of Renton for the Strander Boulevard Extension Project. BACKGROUND INFORMATION MEMO In 1986, as part of a reciprocal annexation agreement, the Cities of Renton and Tukwila agreed to cooperate with each other to ensure the construction of the Strander Boulevard /SW 27 Street Improvements and the SW 43 Street/South 180t Street Grade Separation Project. Strander Boulevard currently extends from Southcenter Parkway on the west to SR 181 (West Valley Highway) on the east. The project will extend Strander Boulevard across both the Union Pacific Railroad (UPRR) and Burlington Northern Santa Fe (BNSF) railroad tracks, across the Boeing Longacres site, and connect to existing SW 27t Street at Oakesdale Avenue. The project as a whole includes the existing SW 27t Street in Renton all the way to East Valley Highway, but this ILA between the two cities covers only the segment from West Valley Highway (SR 181) and Oakesdale Ave. The City of Renton has prepared a project definition report that selected an alternative for construction. Subsequently, Renton contracted with Perteet Engineering to provide a 30% design of the roadway and the associated railroad relocations and railroad bridges. The City of Renton has invested $1,178,659 in the corridor to date and has a remaining 2007 budget of $870,312 to continue the 30% design work through the end of the year. The City of Renton has been aggressively pursuing funding for Strander Boulevard. So far, they have received federal grants of $5,690,563.00. The City of Renton has also negotiated with Boeing to dedicate right -of -way needed for the project at a value of $2,500,000. The Freight Mobility Strategic Investment Board (FMSIB) has awarded $4,000,000 to the Strander Boulevard Project for construction, pending future legislative funding (all project grants are summarized in Attachment 1 to the ILA). P:\PROJECTS\A- RW RS Projects\66nv03 strndr extNInfo Memo Renton ILA Strander Blvd.doc Mayor Haggerton Page 2 January 9, 2008 Traffic projections show that Strander Boulevard will carry 46,000 vehicles per day in the year 2030 (with the direct HOV connection to SR 167), and 20,000 vehicles per day in 2015 (without the direct HOV connection to SR 167). The completion of the route will provide significant traffic relief to S 180 Street and Grady Way, and will also relieve some traffic from I-405. The total project is estimated to cost approximately $52 million with $23 million for Phase I and $29 million for the bridge construction. This includes the UPRR rail relocation and the roadway /bridge from West Valley Highway to Oakesdale. The next phase of the work will be the relocation of the UPRR tracks during 2008 -2010. ANALYSIS The City of Renton is requesting that the City of Tukwila commit City funding in the Transportation Improvement Program (TIP) and Capital Improvement Program (CIP) for Strander Boulevard. Attached is the City of Tukwila 2008 -2013 CIP page for the Strander Blvd Extension Project. It is anticipated that this action will strengthen grant funding requests for the project. RECOMMENDATION Approve the Interlocal Agreement with the City of Renton for the Strander Boulevard Extension Project. Attachments: Interlocal Agreement with the City of Renton Attachment 1: Funding Attachment 2: Vicinity/Phasing Map 2008 CIP Page Strander Blvd Extension Project P: \PRO)ECTS\A- RW RS Projects \86rw03 stmdr ext\Info Memo Renton ILA Strander Blvd.doc C \Temp\XPGrpWise \Tukwila Strander ILA 11.6- 07.doc 1. SCOPE OF WORK BETWEEN THE CITY OF RENTON AND THE CITY OF TUKWILA REGARDING PARTICIPATION IN THE SW 27TH STREET/ STRANDER BLVD. EXTENSION PROJECT THIS AGREEMENT is made and entered into by and between and the City of Renton,( "Renton") and the City of Tukwila, "Tukwila This Agreement is made for the purpose of performing the planning, design, acquisition of necessary property, and construction of improvements to the SW 27th Street/Strander Blvd. Extension Project between West Valley Highway (SR -181) and Oakesdale Ave. SW "Project RECITALS INTERLO CAL AGREEMENT A. Part of the Project is within the City of Renton and part of the Project is within the City of Tukwila. B. The cities of Renton and Tukwila have both identified:`the need for extending Strander Blvd./ SW 27th Street to connect to Oakesdale AveniiE,,Soiith to provide an additional east/west arterial connection between the cities. C. It is in the best interest of Renton and Tukwila to establish a lead agency to manage this Project and to provide for the design-environmental review, property acquisition and construction of the Project. ~a D. Renton and Tukwila are authorized; pursuant to RCW Chapter 39.34, to enter into an interlocal government cooperative agreement of this nature. NOW, THEREFORE, Renton and Tukwila agree as follows: AGREEMENT This Project will extend Strander Blvd./ SW 27th Street between West Valley Highway (SR -181) and Oakesdale Ave. SW in order to provide a new east/west arterial connection between Renton and Tukwila. This project will provide a link between Strander Boulevard and SW 27th Street, including grade separated crossing of the UPRR and BNSF railroads and access to the Sound Transit commuter rail station. 2. TERMS AND CONDITIONS 2.1 Renton shall be the lead agency for the Project with regard to design, environmental review, obtaining right -of -way and other property, if needed, construction and all other matters pertinent to accomplishment of the Project. 2.2 Renton shall be responsible for the advertisement and selection of engineering and other design consultants as necessary for the completion of the engineering design. 2.3 Renton shall be responsible for coordinating the public information and involvement effort in both Cities. Tukwila shall be given the opportunity to attend and participate in any public meetings. 2.4 Renton shall provide to Tukwila the necessary-Permit applications for the construction of that portion of the Project within Tukwila's jurisdiction. C: \Temp\XPGrpWise \Tukwila Strander ILA 11- 6.07.doc 2.5 The parties to this Agreement shall aipbint`'a contact person or persons to act as haison for the Project. These contact, persons will meet on an as needed" basis to provide guidance for the Project and:;seive as a coordination body between the two agencies. 2.6 Renton will provide 70 and 65=percent plans and specifications to Tukwila for review. Tukwila will provide written comments, if any, to Renton within the shortest time possible (goal: 30 days or less) after Tukwila receives the plans and specifications. 2.7 Renton shall be responsible for the acquisition of all property necessary for the Project. Tukwila agrees to cooperate in Renton's efforts to acquire property that lies within Tukwila's portion of the Project area. Any eminent domain proceedings which are instituted as a result of this agreement in either Renton's boundaries or Tukwila's boundaries will be funded by the Project. 2.8 Tukwila hereby grants Renton right -of -entry into the incorporated limits of Tukwila for the purpose of performing any and all tasks necessary to complete the Project. 2.9 The final acceptance of the Project design shall be by Renton after review by Tukwila. 3. CONSTRUCTION CONTRACT BIDDING 3.1 Renton shall perform project planning, provide a project definition and prepare the contract bid documents for the Project. 3.2 Renton shall advertise the contract in the official legal publication for the City of Renton and, if necessary, other newspapers to provide the widest possible coverage commensurate with the size of the Project. 3.3 Renton will provide to Tukwila a copy of the plans and specifications advertised for bid. 3.4 Renton will open the bids. Renton will notify Tukwila of the time and date of the opening of the bids, which will be approximately five to six weeks after the Project is advertised. Tukwila may, but need not, attend the opening of the bids. 3.5 Renton will tabulate the bids. Renton shall provide a dated, verified copy of the bid 4• a tabulations to Tukwila. The bid tabulA ng"will identify the estimated construction, inspection, and overhead cost, based)upon_.tle lowest responsible bid. 3.6 Renton shall award the cor;<tract'to the lowest responsive, responsible bidder for the total Project, subject to applicdble laws and regulations. 4. CONTRACT ADMINISTRATION 4.1 Renton shall provide the necessary engineering, administrative, inspection, clerical and other services necessary for the execution of the Project. In providing such services within Tukwila, Renton's PlanningBuilding/Public AForks Administrator may exercise all the powers and perform all the duties vested by law or ordinance in the City of Tukwila Engineer or other Tukwila officer or department charged with street administration. 4.2 Renton will at all times keep Tukwila advised as to the progress of the Project, and shall not order or approve any changes in the approved Project design that substantially change the nature of the Project within the limits of the City of Tukwila without first consulting with and gaining the approval of Tukwila. C: \Temp` XPGrpwise \Tukwila Strander 11.A 11.6.07.doc 4.3 Prior to Project completion, both parties shall perform a mutual final inspection of the Project. Tukwila may provide a written deficiency list to Renton within ten working days after the final inspection. The contractor will complete only construction deficiencies that comply with the contract specifications. Final Project acceptance will be by Renton's Planning/Building/Public Works Administrator. 5. OWNERSHIP AND MAINTENANCE 5.1 Relocated water and sewer utilities in Tukwila currently owned and operated by Renton will remain City of Renton facilities and Renton will assume ownership and maintenance after final contract acceptance by the City of Renton. 5.2 The cities will own and maintain Project facilities within their respective political boundaries after project acceptance. Accordingly, stormwater detention will be in Tukwila's ownership and maintenance responsibility. Wetland mitigation will be m Renton's ownership and maintenance responsibility. The new SW27 /Strander Blvd. roadway will be owned and maintained ly. each city within its political boundaries. 6. COST SHARING Phase 1 C: \Temp\XPGrpwise \Tukwila Strander ILA 1I- 6- O7.doc This section provides for the sharing of;cpsts by the two parties for the purpose of performing the planning, design, appraisals, acquisition of`ecessary property, and construction of improvements to the SW 27th Street/Strander Blvd. Extension Project between West Valley Highway (SR -181) and Oakesdale Ave. SW. The project as described above has two phases, shown in Attachment 2: Phase 1 includes all the ROW, road construction, retention of a Longacres Way access through the railroad embankment, and relocation of the UPRR tracks (including utility relocation); Phase 2 includes the construction of the bridge itself (overcrossing), and access to the bridge including the main approaches. It is anticipated that the parties will move ahead with Phase 1 with the costs shown in Attachment 1. Attachment 1 is illustrative in the sense that it includes some actual costs and grants and also estimated future expenditures and potential additional grants. The final cost table would likely be different than the attachment included in the agreement in 2007. The following applies to Phase 1: 6.1 For the purpose of this project, "local funding" shall mean the value of city funds (including mitigation fees used for the project), construction of any part of the project by other entities as part of mitigation requirements, city owned property, and present value of ongoing and future operation and maintenance costs (including staff costs) for any created wetlands and storm water facilities contributed to the project, exclusive of funds contributed by grants, project funding partners, and costs of city staff, materials, and equipment contributed to the project. 6.2 Tukwila and Renton agree to contribute 50% of the local funding needed to plan, design, permit and build the portion of the Strander Blvd/SW 27th Street Extension Transportation Improvement project between and including the intersections with West Valley Highway and Oakesdale Ave. SW. Tukwila's contribution to the Strander Blvd. /SW 27th Street project shall include a credit of $262,622, which is the difference between Tukwila's contribution and Renton's contribution to the South 180th Street Improvement project. In addition, Tukwila's contribution will include, as part of its local share, the entire city owned property to the south of the future Strander Blvd/SW27th Street. Bridge (approximately 5.5 acres). The value of this contribution will be determined through a fair market value appraisal, which will be completed by December 31, 2007. Appraisals will also determine the'fair market values of the various properties which involved in the securing of the neNir RR Right of Way. North of Longacres Way, Tukwila will provide UPRR with the new right of way for the track relocation and receive the vacated right of way from LIRR.R. South of Strander Blvd., Tukwila will convey the necessary right of way to UPRR fbr the track relocation within the 5.5 acres owned by the city and which are credited =_in full value toward Tukwila's cost share. All credit will be applied to the project before any additional funds are required to be paid by Tukwila. 6.3 The parties agree to proceed on the basis of the projected revenues and expenditures shown in Attachment 1. The parties agree that their maximum respective local share will be $4.5 million each (including values of land). The parties must both agree to any bid award for Phase I whereby the net local share for each exceeds the $4.5 million local share projected in Attachment 1. Failure of a party to agree to a bid award that exceeds the $4.5 million local share per party shall suspend the project until the parties are able to secure more funding, or agree to a higher local share than $4.5 million. 6.4 The parties agree that no later than January, 2009, Tukwila will pay Renton an amount of money which will achieve an even 50/50 split of all previous expenditures made by Renton for the project as shown on Attachment 1. C: \Temp\XPOrpWise\Tuka l Strander ILA 11- 6.07.doc 6.5 Subsequent to the physical completion of Phase 1 of the project, Renton and Tukwila will review the amount of local funding each party has applied to the project and determine final, reconciled local funding numbers. Renton and Tukwila shall share these numbers, along with backup proof or substantiation of these numbers as requested by the other city. 6.6 In addition to the foregoing funding to be provided to the Project by Tukwila, Tukwila will pay Renton for those requested construction changes if they are betterment changes that significantly change the scope of work of the approved construction plans. Tukwila will not be responsible for the costs of change orders that are due to unknown field conditions or design problems that are identified during the project construction. 6.7 In the event a lawsuit is instituted to enforce the payment obligations of Tukwila, the prevailing party shall be entitled to recover all costs of such a lawsuit, including reasonable attorney's fees. 7 Phase II The bridge and bridge approaches C: \Temp\XPGrpWise \ltikwila Strander ILA 11- 6.07.doc 7.1 The parties agree to pursue a bridge design that is affordable ($21 -25 million in 2006 estimates), and is most likely-:to Beta concrete box girder design. The design of such a bridge shall include attractive de'igri features of a "gateway character" in the amount of $500,000, equally shared by ead1party. Either party shall have the right to exceed its stated contribution toward these special design features as long as the timing or the content of such features does not impact the cost of the basic bridge. 7.2 The parties agree to make a best effort to program $2.5 million each toward the $21 -25 million estimated cost of the bridge in the 2009 -2015 respective Transportation Improvement Programs (TIP's). The exact timing of programming these amounts in the TIP will be done so as to ensure a local match for additional external funding to be sought for the bridge. However, any decision to proceed on any aspect of the bridge will require an amendment to this agreement. 7.3 The parties may agree to include some of the bridge approach costs as part of the Phase 1 project if such opportunities present themselves, and if the costs of these improvements do not change the local share as shown in Attachment 1. Any increase in local share beyond the $4.5 million as shown in Attachment 1, whether used for Phase 1 or Phase 2, has to be approved by both parties unless one party opts to pay for the other party's share beyond $4.5 million. 8. DURATION/TERMINATION 8.1 This Agreement shall remain in effect until final acceptance of the Project and payment by Tukwila of all monies due from Tukwila to Renton. 8.2 If expected or actual funding is withdrawn, reduced or limited in any way prior to the completion of the Project, either party may, with 30 days written notice to the other party, terminate this Agreement. 8.3 In the event of termination prior to completion of the Project: 8.3.1 The party requesting termination shall=pay all direct and indirect phasing -out costs. 4 8.3.2 Termination costs payable slrall';not'exceed the actual costs incurred as a result of termination of the Pro 9. INDEMNIFICATION AND HOLD HARMLESS Washington State law shall govern the respective liability between the parties to this Agreement for any loss due to property damage or personal injury arising out of the activities conducted pursuant to this Agreement. 10. DISPUTE RESOLUTION 10.1 In the event of a dispute between the parties regarding this Agreement, the parties shall attempt to resolve the matter informally. If the parties are unable to resolve the matter informally within 30 days, the matter shall be decided by the Administrator of Planning/Building/ Public Works of the City of Renton and the City of Tukwila Public Works Director. C: \Temp\}PGrpWise \Tukwila Strander ILA 11- 6- 07.doc 10.2 The parties may also agree to an alternative dispute resolution process. 11. OTHER PROVISIONS 11.1 Renton shall be deemed an independent contractor for all purposes and the employees of Renton, or any of its contractors, subcontractors, and their employees shall not in any manner be deemed to be employees of Tukwila. 11.2 Nothing contained herein is intended to, nor shall be construed to, create any rights in any party not a signatory to this Agreement, or to form the basis for any liability on the part of Renton, Tukwila, or their officials, employees, agents, or representatives, to any party not a signatory to this Agreement. 11.3 Waiver of any breach of any provision of this Agreement shall not be deemed to be a waiver of any prior or subsequent breach.and shall not be construed to be a modification of the terms of this Agreement. 11.4 With the exception of those facilities included in sections 5.1 and 5.2 of this agreement, each party shall retain ownel"slii4 and`usual maintenance responsibility for the road, drainage system, signs, sdewal], and other property within its jurisdiction. 11.5 If any provision of this Agreement shall be held invalid, the remainder of the Agreement shall not be affected thereby if such remainder would then continue to serve the purposes and objectives of the parties. 11.6 The captions in this Agreement are for convenience only and do not in any way limit or amplify the provisions of this Agreement. 11.7 This Agreement contains the entire agreement of the parties and any representations or understandings, whether oral or written, not incorporated herein are excluded. 11.8 This Agreement may be amended only by an instrument in writing, duly executed by both parties. C: \Temp\XPGrpWise \Tukwila Strander ILA 11.6- 07.doc IN WITNESS WHEREOF, the parties have entered into this Agreement effective as of the date last written below. CITY OF RENTON CITY OF TUKWILA Title: Title: Date Date APPROVED AS TO FORM: -APPROVED AS TO FORM: Renton City Attorney Tukwila City Attorney C: \Temp\XPGrpWise \Tukwila Strander ILA 11- 6- 07.doc Line EXPENDITURES 1 Project Definition Report (1992 -2006) 2 SW27 /Strander Road (2005 -07) 3 ROW in Renton 4 30% Design/Track Moving Design 5 Saving through Wetland Bank 6 Tukwila 5.5 acres 7 Track Moving (2008 -9) 8 9 10 11 REVENUES 12 Grants 13 Sound Transit 14 Urban Mobility Grant (WSDOT) 15 Other Federal Grants 16 Metro 17 Potential 2007 Fed. Earmark 18 Total External Funding: 19 20 Local Shares Needed 21 Total Exp less Revenues: 22 50% 23 24 25 26 LOCAL SHARE OBLIGATIONS 27 28 29 30 31 32 33 34 35 36 37 38 39 40 SW27 Strander Project Cost Sharing Preliminary Estimates This is a compilation of past cost, and costs anticipated in 2006 -2008. No Future Bridge costs. Some costs are still planning stage with considerable contingency built in. Contributions to Date: Previously Paid (w. grants subtracted) Property Contribution Previously Paid (w. mitigation fees) Total Estimated Expenditures: Sub Total To Equalize Phase I Funding: Payment by Tukwila to achieve 50/50 Payment from Tukwila to achieve 50/50 Adjusted Total Paid Potential Additional Needed (depends on shortfall): Tukwila- Renton Interlocal Agreement Attachment 1 (Cost Sharing) Total payment by each city: (A) Renton (4,163,897) (2,500,000) (6,663,897) 2.800.949 (3,862,949) (397,715) 4,260,664 C:1TempD(PGrpWiselStrander Spreadsheet attachment 1 354,338 Completed 3,009,443 As of 5/17/07 2,500,000 Completed 2,637,546 Current Contract, Perteet. As of 5/17/07 (1,380,000) Using Springbrook Bank. 800,000 Est. -2006 Appraisals needed. 15,500.000 Oct. 2006 Estimate 23,421,327 8,600,000 2,300,000 1,000,000 2,500,000 500,000 14,900,000 8,521,327 4,260,664 FMSIB; SAFETEA -LU (of ST $4 m., S1.7 m. is for next phase) ($5.5 m.; not sure how much to Strander) Both cities will seek additional S's in 2007 -8 (B) Tukwila (262,000) (800,000) (1,062,000) (2,800,949) (3,862,949) (397,715) 4,260,664 Actual. Est. Actual. ATTACHMENT 1 LVD. Overpass PHASE SW 27TH STreet / Strander Boulevard Connection "UPRR Track Relocation Begin Construction 2008-20( o Completed 2006 "Overcrossing Connection Begin Construction 2010-2012:4,97-0 "Oakesdale to E. Valley Road Widening", Begin Construction 2015 RENTON BNSF SOUND TRANSIT A MI' SW 4 ST TSE 1 Typical Roadway SCAL @clam 4 PROJECT: DESCRIPTION: JUSTIFICATION: STATUS: MAINT. IMPACT: COMMENT: FINANCIAL (in $000's) EXPENSES Design Land(R/W) Const. Mgmt. Tukwila's Share TOTAL EXPENSES FUND SOURCES Awarded Grant Proposed Grant Bond Mitigation Expected City Oper. Revenue TOTAL SOURCES Strander Blvd Extension to SW 27 St (Oaksdale) New street. 104 CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2008 to 2013 LINE ITEM: 104.02.595. .57 PROJECT NO. 86 -RWO3 Renton to design and construct arterial improvements for a new roadway extending Strander Blvd from West Valley Highway to SW 27th St. Project will now be a bridge over the railroad tracks. Phase I is to move the UPRR tracks closer to the BNSF track. Phase 11 is to construct the bridge. East/west capacity between 1-405 and S 180 St is needed to serve Tukwila and Renton access. City of Renton received a grant to move UPRR tracks to the east. Renton's definition report was completed in 2002 for entire corridor between SR167 and West Valley Hwy. McLeod land was purchased by the City of Tukwila in 2002. Tukwila's share of project costs is listed below and will be bonded. Renton's construction schedule indicateds funds would be expended over two years. Project partners include the City of Renton, Boeing, WSDOT, Sound Transit, Metro, Amtrak, and BNSF and UP Railroads. Tukwila's project share is McLeod land for wetland mitigation and storm mitigation site related to the S 180th St Grade Separation project (completed by Tukwila in 2004). Through Estimated 2006 2007 2008 2009 2010 2011 2012 2013 BEYOND TOTAL 26 1 130 1 0 0 130 1 801 2,000 Project Location r 801 2,000 2,500 130 1 801 2,000 0 0 0 0 2,500 801 2,000 50 0 0 0 2,500 27 104 0 5,301 5,432 0 0 5,301 0 0 0 0 0 0 131 0 2,500 5,432