HomeMy WebLinkAboutPW18-293 - Original - Port of Seattle - S 288th St Union Pacific Grade Separation - 07/17/2018 ANT Records Management Document
CONTRACT COVER SHEET
This is to be completed by the Contract Manager prior to submission
to the City Clerk's Office. All portions are to be completed.
If you have questions, please contact the City Clerk's Office at 253- 56-5725,
❑ Blue/Motion Sheet Attached
�] Pink Sheet Attached
Vendor Name: Port of Seattle
Vendor Number (]DE):
Contract Number (City Clerk): V�/ Z�1I
Category: Contract Agreement
Sub-Category (if applicable) c.11-oo -v an iec ni—, ___........... ..
Project Name: S. 228' St Union Pacific Grade Separation
Contract Execution Date: Date,f-SW Termination Date: Project completion
Contract Manager: Mark Madfai Department: PW: Engineering
..... .. .. ._.._.. ........___.......
Contract Amount: $595,000
Approval Authority: ❑ Director ® Mayor ❑ City Council
Other Details T.hiswagrgement is with the Port of Seattle for the construction of the
228th grade separation project and inlcudes the Port of Seattle contributing $595,000
EXECUTION COPY
AGREEMENT
This Agreement is entered into as of this 111" day of TO by and
between the City of Kent ("City"), a municipal corporation of the State of Washington
and the Port of Seattle ("Port") a municipal corporation of the State of Washington to
implement the Memorandum of Understanding among the principal parties of the Freight
Action Strategy Transportation ("FAST") corridor, by sharing funds to construct grade
separations on S. 228th Street in Kent, Washington.
RECITALS
WHEREAS, the assurance of continued freight and passenger mobility
throughout Puget Sound is an issue of critical strategic importance to the Port; and
WHEREAS, projected growth in cargo volumes and the implementation of
commuter rail service by the Regional Transit Authority are expected to generate more
frequent mainline rail traffic, with a projected increase in traffic congestion at many of
the at-grade crossings along major arterials; and
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") for grade
separations and other road and rail improvements; and
WHEREAS S. 228th Street is listed on Attachment B to the FAST MOU as
among FAST Corridor Phase U Projects for immediate implementation; and
WHEREAS the S. 2281h Street Project calls for road improvements along a three
mile corridor, and for grade separations at the Burlington Northern Santa Fe (`BNSF")
rail line, and at the Union Pacific ("UP")rail line; and
WHEREAS, the first phase of the S. 228th Street Project (road improvements) is
complete, open to traffic, and provides access from the Kent valley up the west hill to I-5;
the second phase (grade separation at the BNSF) was completed in 2009 and provides
uninterrupted access over the BNSF rail lines; and
WHEREAS, the final phase of the S. 228th Street Project (grade separation at the
UP crossing) ("Project') is being designed and permitted in 2017; and
Agreement-City ofKentand Port of Seattle Page Iof7
WHEREAS, the grade separations, which will complete the S. 228"' Street
Project, are critical to address the impacts of increased rail traffic resulting from the
reopening of Stampede Pass to freight traffic, and will specifically benefit the Port by
providing a seamless connection between the forty million square feet of warehouse and
industrial space within the Kent valley, the Port of Seattle and Sea-Tac Airport; and
WHEREAS, the grade separations, while located on arterials within the corporate
limits of the City, will benefit all of the parties to the FAST MOU by promoting the
efficient movement of passengers and cargo throughout the region; and
WHEREAS, pursuant to the FAST MOU and the 2009 Interlocal agreement
between the Port and the City ("2009 Interlocal"), the Port made a finding commitment
to the 228th Street Project of One Million One Hundred and Ninety Thousand Dollars
($1,190,000.00)for use in construction costs only; and
WHEREAS, the Port paid $595,000 to the City under the 2009 Interlocal for
construction costs associated with the BNSF grade separation project; and
WHEREAS, the remaining Port contribution of$595,000 will be allocated to the
Project scheduled for completion in 2019.
AGREEMENT
1. PROJECT DESCRIPTION
Construction of a grade separation at the UP rail lines on S. 228th Street to
complete the S. 228th Street corridor between 84th Avenue S. and Military Road/1-5 with
four (4) travel lanes as reflected in Exhibits A, B and C attached hereto.
2. TERMS AND CONDITIONS
2.1 At-Grade Railroad Crossing: Upon completion of the Project, the existing
at-grade crossing will be permanently closed.
2.2 Lead AQeney: The City shall be lead agency for the Project in regard to
SEPA/NEPA compliance and obtaining all necessary permits. As lead agency the City
shall be responsible for accomplishing all aspects of the Project.
2.3 Consultants and Contractors: The City shall retain consultants and
contractors for the purposes that include, but are not limited to the design, right-of-way
acquisition, inspection, and construction of the Project. The City, at its sole discretion,
shall select, hire, or coordinate with other agencies to retain consultants or contractors.
Agreement-City of Kent and Port oCSeattle Pnge2of7
2.4 4 slue En >ineeruiL: A value engineering study was performed summer
2016, on the Project.
2.5 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 status of the Project.
2.6 SchedulcrScone: Design work on the Project is estimated to be completed
in 2017 with construction estimated to commence in 2017, and Project completion in
2019. The City shall determine the schedule for the Project based on funding, right-of-
way acquisition and other items that dictate the schedule. The Port shall be notified of any
schedule changes. Construction change orders that do not change Project functionality
and benefits to the Port, or the overall scope or general schedule of the Project will not
require coordination or documentation with the Port. Any changes to the functionality of
the Project and benefits to the Port, as described in Section 1, and further illustrated in
Exhibits A, B and C shall require coordination with the Port. The Port's funding is
contingent on the Project being constructed as described in Section 1.
2.7 6ar6gef Schedule: Upon commencement of Project construction the City
shall provide the Port with a report that includes a copy of the WSDOT/FHWA approved
Project schedule (or analogous format), and final engineer's estimate with contract bid
items or summary of values.
3. PAYMENT
3.1 Reimbursement: The Port agrees to reimburse the City for the direct costs
of construction for the Project, up to a maximum amount of Five Hundred and Ninety-
five Thousand Dollars ($595,000), inclusive of any applicable taxes. The direct costs of
construction include: mobilization, maintenance of traffic, temporary erosion and
sedimentation control, earthwork, pavement, drainage, structures, traffic items (including
signage, signalization, lighting, Intelligent Transportation Systems, and pavement
markings), retaining walls, landscaping, environmental mitigation, and utilities.
3.2 City.„Iteiluest for Payment: Total construction cost is currently estimated
to be Twenty Million Dollars ($20,000,000). The Port shall make three (3) payments to
the City for the Project as follows:
a. The first payment of Two Hundred and Fifty Thousand Dollars
($250,000), after the City has made progress payments to the Project
contractor totaling at least 50% of the construction contract value. This is
expected in 2018. At the time of making application for payment the City
shall provide to the Port a Project progress report. The progress report will
include a narrative describing the Project progress since commencement
of construction, an updated Project construction schedule showing percent
completion of the major work elements and a tabulation of the
Agreement-City of Kent and Port of Seattle Page 3of7
construction progress payments made, such that fifty percent(50%)
completion of the Project can be determined.
b. The second payment of Two Hundred and Fifty Thousand Dollars
($250,000), upon the City's acceptance of the Project's substantial
completion (as defined in the construction contract) and the Port's receipt
of a copy of the letter from the City to the Project contractor
acknowledging such. The Port reserves the right to request an inspection
of the Project to confirm it is completed and operational.
c. The final payment of Ninety-five Thousand Dollars ($95,000), upon the
City's final acceptance of the Project (as defined in the construction
contract) and the Port's receipt of a letter from the City's Project Manager
attaching the Certificate of Final Acceptance. This is expected in 2019.
3.3 Payment: The Port agrees to make payments to the City within thirty (30)
days from receipt of a billing from the City and other documents as may be required
under Section 3.2.
4. AMENDMENT
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 agreed to by the parties to this Agreement:
To the City: Project Manager, S.228th Street Grade Separation
City of Kent
400 W. Gowe Street
Kent, WA 98032-5895
To the Port: Regional Transportation Manager
Port of Seattle
2711 Alaskan Way
Seattle, WA 98121
6. RECORDS RETENTION AND AUDIT
During the progress of the work and for a period not less than six (6) years from
the date of the Port's final payment 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, the State of Washington and the federal government. Copies of all records,
accounts, documents, or other data pertaining to the Project will be furnished upon
Agreement-City of Kent and Port or Settle Page 4of7
request. If any litigation, claim, or audit is commenced, the records and accounts along
with supporting documentation shall be retained until all litigation, claim, or audit finding
has been resolved even though such litigation, claim, or audit continues past the six (6)
year retention period. This provision is not intended to alter or amend records retention
requirements established by applicable state and federal laws.
7. DISPUTES
The designated representatives under Section 5.0, NOTIFICATION, shall use
their best efforts to resolve disputes between the Parties. If the designated representatives
are unable to resolve a dispute, then the responsible Project directors for each party shall
review the matter and attempt to resolve it. If the Project directors are unable to resolve
the dispute, the matter shall be reviewed by the department director or chief executive
officer of each party or his or her designee. The parties agree to exhaust each of these
procedural steps before seeking to resolve disputes in a court of law,or any other forum.
8. EFFECTIVENESS AND DURATION
This Agreement is effective on the date stated in the introductory clause and will
remain in effect until Project completion, unless otherwise stated herein or unless
amended or terminated.
9. TERMINATION
Either party may tenminate this Agreement at any time upon thirty (30) days
written notice. If either party decides to terminate this Agreement, the Port shall
reimburse the City for all costs payable under this Agreement and all non-cancelable
obligations that the City incurred prior to termination. For the purposes of this
Agreement, "non-cancelable obligations" are defined as those costs that the City is
obligated to pay as of the day that either party provides notice that it is terminating this
Agreement.
10. INDEMNIFICATION AND HOLD HARMLESS
10.1 To 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, or in
any way resulting from, the City's own negligent acts or omissions, or the negligent acts
or omissions of the City's employees, agents and contractors. The 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 this purpose, the City
hereby waives, with respect to 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.
Agreement-City of Kent and Port of Seattle Page 5of7
10.2 The indemnification, hold harmless, and/or waiver obligation described in
this Section shall survive the termination of this Agreement. In any action to enforce the
provisions of the Section each party shall be responsible for its own costs and attorneys'
fees.
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 City and the Port shall be
determined in nernrdance with the laws of the State of Washington. All legal actions in
connection with this Agreement shall be brought in the County of King, State of
Washington.
12. OTHER PROVISIONS
12.1 Severability: A determination by a coma of competent jurisdiction that
any provision of this Agreement or any part thereof is illegal or unenforceable shall not
cancel or invalidate the remainder of such provision of this Agreement, which shall
remain in full force and effect.
12.2 Interpretation: The captions of the Sections of this Agreement are not a
part of the terms or provisions of this Agreement. Whenever required by the context of
this Agreement,the singular shall include the plural and the plural shall include the
singular. The masculine, feminine and neuter genders shall each include the other.
12.3 Waivers: Either party's failure to enforce any provision of this Agreement
shall not be a waiver and shall not prevent either Party from enforcing that provision or
any other provision of this Agreement in the future.
12.4 Exhibits: This Agreement includes the following exhibits: Exhibit A:
228th Vicinity Map/Project Benefits; Exhibit B: Project Plan and Profile, and Exhibit C:
Typical Cross Section which shall be deemed incorporated into this Agreement by this
reference.
fN WITNESS WHEREOF, the Parties have executed this Agreement on the date
stated in the introductory clause.
PORT O, SF 'I TIX CITY OF KENT
Stephen I Melruck. Dana Ralph
Executive Director Mayor
[Additional signatures on next page]
Agreement-City or Kent and Port of Seattle Page 6of7
APPROVED AS TO FORM: APPROVED AS TO FORM:
Port of Seattle Legal Department City of Kent Law Department
Agreement-City of Kent and Port of Seattle Page 7 of
Snilth 238th Street Union Pacific Railroad
Grade Separation
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SEATAC
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MOINESw,, ENT
Project Benefits:
The South 228th Union Pacific Grade Separation will support and reduce congestion of freight
moving through Kent's massive warehouse and industrial core to the Port of Seattle, Sea-Tac
Airport and the freeway system. Congestion affects the region's ability to compete with other
ports and manufacturing centers nationally and internationally. The Kent valley's warehouse and
industrial complex is the 4th largest on the west coast.
Additional project benefits include:
• Increased rail and roadway capacity
• Enhanced safety
• Improved freight mobility
• Provides regional connections between thousands of businesses, employers and 40 million
square feet of warehouse/industrial space.
The rail traffic on the UP Railroad mainline is rising as a consequence of increased demand for
movement of freight traffic in the Puget Sound area.
With the completed S. 228th Street corridor to the west and the completed grade separation at
the BNSF, the UP grade separation is the third and final phase to complete the S. 228th Street
corridor. This will provide a seamless connection between the Kent valley and the 1-5 corridor and
will be a conduit for the shipment of freight to and from Kent's vast freight network.
Exhibit A
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