HomeMy WebLinkAboutAdden 1 CAG-06-069 , Adden #1-08
FIRST AMENDMENT TO AN AGREEMENT
BETWEEN THE
CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY
AND THE CITY OF RENTON
THIS First Amendment is made to the Interlocal Cooperative Agreement between the
Central Puget Sound Regional Transit Authority(hereinafter referred to as "SOUND TRANSIT" or
"ST") and the City of Renton, a municipal corporation ("Renton" or"City"), dated May 3, 2006.
RECITALS
WHEREAS, the City and Sound Transit entered into an Interlocal Cooperative Agreement
on May 3, 2006 (2006 Agreement) to outline the scope, schedule and budget for the Strander
Boulevard/SW 27th Street Extension, West Valley Highway to Oaksdale Ave S.W., and
Rainier/Hardie Avenue Arterial Improvements Projects; and
WHEREAS,the Parties desire to change the name and amend the scope of the
Rainier/Hardie Avenue Arterial Improvements Project, without increasing Sound Transit's financial
contribution as provided in the 2006 Agreement;
WHEREAS, the City, in partnership with Sound Transit, is moving forward with its SW
27th/Strander Boulevard Extension project ("Strander Project") and a key element of the Strander
Project is the relocation of the existing Union Pacific Railroad (UPRR)right-of-way, tracks, and
facilities to an area adjacent to the Burlington Northern Santa Fe (BNSF)track; and
WHEREAS,the Cities of Renton and Tukwila have been awarded a$5.5 million Urban
Mobility Grant from WSDOT to construct various elements of the Tukwila Commuter Rail Station
and;
WHEREAS,those elements such as the two UP bridges that are needed to provide multi-
modal access to the Sound Transit Station are likely to be substantially less that $5.5 million the
balance may be used for any increased costs associated with the Tukwila Commuter Rail Station
being located 100 feet further to the west and;
WHEREAS, the Agreement acknowledged that City has obtained an agreement in principle
with the UPRR for relocation of the existing UPRR track to accommodate development of the
Strander Project described in the Agreement and the Parties acknowledge that the relocation of the
UPRR track is required for the Strander Project; and
WHEREAS, Sound Transit is moving forward with its plans and permit approval process to
develop a new permanent Tukwila Commuter Rail Station in the area, and the City's proposed
UPRR track relocation project would, if completed in a timely manner, be of benefit to Sound
Transit's project; and
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WHEREAS, both Parties will benefit from the timely completion of the City's UPRR
relocation project; for example,the City benefits by an enhanced roadway system, increased
redevelopment potential, significant cost savings for the City's projects, and increased tax revenue;
and Sound Transit benefits by improved access to its Tukwila Commuter Rail Station via Strander
Boulevard; and
WHEREAS,the Parties entered into a Term Sheet on June 7, 2007 to outline the scope,
schedule and responsibilities for development of this First Amendment to the 2006 Agreement
between the Parties regarding the City's proposed relocation of the existing UPRR right-of-way,
track and facilities and to facilitate a potential real property exchange between Sound Transit and
the UPRR;
NOW THEREFORE, for and in consideration of the mutual covenants contained herein the
City and Sound Transit do hereby agree to amend the Agreement as follows.
1.0 PURPOSE
The purpose of this First Amendment is to amend the 2006 Agreement and describe the
commitments of the Parties relative to the Rainier/Hardie Avenue Arterial Improvements Project
and the UPRR Relocation Project.
2.0 RAINIER/HARDIE AVENUE ARTERIAL IMPROVEMENTS PROJECT
2.1 Section 4.1.2 of the 2006 Agreement is replaced in its entirety by the following new Section
4.1.2:
4.1.2 Rainier Avenue Arterial Improvement Project: General Project Scope,
Description. All references to the"Rainier/Hardie Avenue Arterial Improvement Project" in
the 2006 Agreement are acknowledged by the Parties to refer to the "Rainier Avenue
Arterial Improvement Project". The Rainier Avenue Arterial Improvement Project is located
within the Renton City limits, on Rainier Avenue South from the intersection of South 2nd
Street to South West Grady Way.
The Project will include the design and construction of north and southbound business
access and transit(BAT) lanes on Rainier Avenue South that will improve Sound Transit
and King County Metro express bus service. In order to accommodate additional lanes on
Rainier Avenue South,the existing BNSF railroad bridge has been rebuilt and lengthened.
Rainier Avenue South will receive improved transit rider facilities (benches, shelters,
information kiosks, etc.), landscaped medians, vehicle left-turn restrictions, widened
sidewalks (including new planter strips and pedestrian scale lighting), new traffic signals
and luminaries and enhancements to pedestrian crossings.
2.2 Section 4.3.2 of the 2006 Agreement is replaced in its entirety by the following new Section
4.3.2:
4.3.2 Rainier Avenue Arterial Improvement Project—Transit Elements.
The City will incorporate the following Transit Elements into its preliminary engineering
and environmental documentation of the Rainier Avenue Arterial Improvement Project:
• A northbound BAT lane on Rainier Avenue South from the intersection of South
West Grady Way to South 3`d Street(Sunset Boulevard SW).
• A southbound BAT lane on Rainier Avenue South from the intersection of South 2nd
Street to South West Grady Way.
• Upgraded bus stops and improved rider access to existing bus stops.
2.3 Section 4.6.2 of the 2006 Agreement is replaced in its entirety by the following new Section
4.6.2:
4.6.2 Rainier Avenue Arterial Improvement Project.
The preliminary engineering (30% design plans) and environmental documentation for the
Transit Elements of the Rainier Avenue Arterial Improvement Project shall be completed by
the City within one year after execution of this First Amendment.
2.4 Section 5.2.2 of the 2006 Agreement is replaced in its entirety by the following new Section
5.2.2:
5.2.2 Rainier Avenue Arterial Improvement Project.
Sound Transit's funding contribution for the right-of-way acquisition, final design and
construction of the Transit Elements for the Rainier Avenue Arterial Improvement Project
shall not exceed Twelve Million Four Hundred Thousand Dollars ($12,400,000).
The proposed schedule for completion of the final design, right-of-way acquisition and
construction for the Rainier Avenue Improvement Project is as follows:
• Final Design: Completed within a year and a half after the PE/ED is completed, or
two years after execution of this First Amendment, whichever occurs last.
• Right-of—Way Acquisition: Completed within a year and a half after the PE/ED is
completed, or two years after execution of this First Amendment, whichever occurs
last. This phase will be conducted simultaneously with Final Design work.
• Construction: Shall begin within two and a half years of execution of this First
Amendment. In any event, the Rainier Avenue Arterial Improvements will be
completed within five years of execution of this First Amendment.
3. UPRR RELOCATION PROJECT
3.1 The City's UPRR Relocation Project will include, at a minimum, the following elements:
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a) Relocation by the City of the existing UPRR right-of-way,track, earthwork and
facilities currently located in the area described as "Existing UPRR-ROW" to an the
area described as "Future UPRR-ROW" , all as shown on Exhibit "A ", attached and
incorporated herein.
b) Demolition and removal of all UPRR tracks, facilities, and embankment from the
Existing UPRR-ROW, within the future Sound Transit property boundaries,
including the existing bridge over Long Acres Way.
c) Removal of all utilities (overhead or underground) on the Existing UPRR-ROW,
with the exception of major transmission lines owned by Seattle Public Utility, King
County Metro and Puget Sound Energy, that are not relocated as part of development
of the Tukwila Commuter Rail Station.
d) Removal of all wetlands and sensitive areas in the UPRR property to be transferred
to Sound Transit.
e) Removal and/or cleaning of any hazardous material and/or contaminated soil on the
Existing UPRR-ROW
f) Providing continuous pedestrian access to Sound Transit's new permanent Tukwila
Commuter Rail Station from parking areas and transit zones across the Future
UPRR-ROW.
g) Maintaining continuous access for Sound Transit to its existing parking area located
east of the BNSF right-of-way and the existing passenger platforms until such time
as construction of a the new permanent Tukwila Commuter Rail Station and parking
area is completed by Sound Transit.
h) Future real property exchange(s) involving the Existing UPRR-ROW and Future
UPRR-ROW between the UPRR and Sound Transit subsequent to the City's
completion of several conditions as provided herein.
i) Any necessary temporary construction easements from the UPRR to Sound Transit
for construction of the Tukwila Commuter Rail Station elements.
3.2 The Parties anticipate that implementation of the UPRR Relocation Project elements will be
begin in the third quarter of 2008 and completed by the fourth quarter of 2009.
4.0 CITY RESPONSIBILITIES
4.1 The City shall be the project lead for the UPRR Relocation Project. As lead agency, it is the
City's responsibility to complete, or cause to be completed, all elements of the UPRR
Relocation Project as described in 2006 Agreement and this First Amendment, including
but not limited to; preliminary engineering, environmental documentation, final designs, and
property acquisitions or exchanges, and any necessary temporary construction easements
from the UPRR to Sound Transit for construction of the Tukwila Commuter Rail Station
elements.
4.2 The City shall work with the UPRR to obtain an agreement with the UPRR that provides for
the relocation by the City of the existing UPRR track, earthwork and facilities from the
Existing UPRR-ROW to the Future UPRR-ROW. Prior to execution of the relocation
agreement between the City and UPRR contemplated herein, the City shall be responsible
for reaching an agreement with the City of Tukwila to establish the funding and other
responsibilities of each City regarding the Strander Project.
4.3 The City shall remove any encumbrances from the Existing UPRR-ROW such that the
UPRR will be able to convey to Sound Transit fee simple title to the Existing UPRR-ROW
free and clear of any encumbrances in exchange for the Future UPRR-ROW that is currently
owned by Sound Transit.
4.4 The City shall remove or remediate as required by federal, state or local regulation, all
hazardous materials and contaminated soil from the Existing UPRR-ROW prior to
conveyance of the Existing UPRR-ROW to Sound Transit. All material remaining onsite
shall be documented to meet, at a minimum,the Method A Soil Cleanup Levels for
Unrestricted Land Uses as contained in Chapter 173-340-900 WAC, and to meet the
definition of"clean mud and dirt" as defined by Title 10, section 10.04.070 of the King
County Code. To the extent permitted by law,the City shall protect, defend, indemnify, and
save harmless Sound Transit, and its officers, officials, employees, and agents, from any and
all costs, claims, demands,judgments, damages, or liability of any kind including injuries to
persons or damages to property, which arise out of, or in any way result from, or are
connected to, or are due to any environmental contamination on the Existing UPRR-ROW.
The City shall not be required to indemnify, defend, or save harmless Sound Transit if the
claim, suit, or action for injuries, death, or damages is caused by the sole negligence of
Sound Transit. In the event of any claims, demands, actions and lawsuits,the City upon
prompt notice from Sound Transit shall assume all costs of defense thereof, including legal
fees incurred by Sound Transit, and of all resulting judgments that may be obtained against
it. This indemnification shall survive the expiration or earlier termination of this First
Amendment. In the event that an action is brought to enforce any right or obligation under
this section, all fees, costs and expenses of such action shall be recoverable by the prevailing
party. The Parties hereto agree that any action to enforce this section shall be brought in a
court of competent jurisdiction situated in Seattle, King County, Washington.
4.5 Prior to the property exchange between Sound Transit and the UPRR contemplated herein,
the City shall relocate any utilities on the Existing UPRR-ROW, complete removal or
remediation of hazardous materials or contaminated soil on the Existing UPRR-ROW as
provided above, and complete construction of the UPRR track and facilities on the Future
UPRR-ROW.
4.6 The City, at its sole cost and expense, shall secure and maintain in effect, all federal, state
and local permits, approvals and licenses required for the completion of the UPRR
Relocation Project. In addition,the City shall be the lead agency responsible for completing
any SEPA and NEPA documentation for the UPRR Relocation Project.
4.7 The City shall provide all funding for costs associated with the UPRR Relocation Project,
including but not limited to (a) all costs for removal of the track, facilities, and
embankment, and utility relocations in the Existing UPRR-ROW, (b) all costs for any
hazardous material clean-up and soil remediation on the Existing UPRR-ROW, (c) all costs
for installation of the track and embankment in the Future UPRR-ROW, (d) costs of and
real property appraisals obtained by Sound Transit and UPRR and other real estate costs
required to complete the real property exchange contemplated herein.
4.8 The City shall coordinate the implementation and construction of the UPRR Relocation
Project elements with Sound Transit's Tukwila Commuter Rail Station Project team and
participate in Tukwila Commuter Rail Station Technical Advisory Team.
4.9 In the event that the UPRR Relocation Project is not completed for any reason, the City shall
restore any Sound Transit property impacted by the UPRR Relocation Project to the
condition as such property existed prior to the impacts.
5.0 SOUND TRANSIT RESPONSIBILITIES
5.1 Sound Transit shall coordinate with the City regarding preliminary engineering, design and
permit approval process for the Tukwila Commuter Rail Station Project in order to
accommodate the City's UPRR Relocation Project, provided, the City adheres to the
anticipated schedule described in Section 3.2 of this First Amendment.
5.2 Sound Transit shall serve as a co-lead agency for the SEPA/NEPA amendment process
addressing the addition of a transit queue jumps to the Strander Project, consistent with the
FHWA environmental process requirements.
5.3 Sound Transit shall participate with the City in its negotiations with the UPRR regarding the
UPRR Relocation Project elements and exert its best efforts to complete the real property
exchange(s) as contemplated herein. In the event that Sound Transit engages outside
consultants to assist in this effort,the City shall reimburse Sound Transit its actual costs
within thirty(30) days of receipt of an invoice by the City. Sound Transit may, in its sole
judgment, waive this reimbursement requirement.
5.4 Within thirty(30) days of receipt, Sound Transit shall review and submit its comments on
the City's design plans for elements of the UPRR Relocation Project.
5.5 Sound Transit shall work with the City to resolve property ownership issues associated with
the Future UPRR-ROW railroad bridge that is necessary to allow customer access to and
from the permanent Tukwila Commuter Rail Station parking and platforms areas.
5.6 Sound Transit shall provide the City such temporary easements on Sound Transit property as
may be reasonably necessary for the City to fulfill its obligations and responsibilities herein
and to allow construction in the Future UPRR-ROW.
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6.0 PEDESTRIAN ACCESS FACILITY
The City shall design and construct a railroad bridge to allow future pedestrian access below the
bridge and through the Future UPRR-ROW referenced above and shown on Exhibit A. The Parties,
however, have not determined which Party will assume ownership, operation and maintenance
responsibilities for the railroad bridge. Subsequent to execution of this First Amendment,the Parties
shall work together to resolve these issues and address responsibilities for ownership, operation and
maintenance, as well as indemnity and appropriate cost reimbursements, in a subsequent
amendment or agreement.
7.0 REAL PROPERTY EXCHANGE BETWEEN SOUND TRANSIT AND THE UPRR
7.1 The Parties acknowledge that any real property exchanges between Sound Transit and the
UPRR contemplated by this First Amendment constitute only a portion of the total property
acquisitions that may be necessary for successful and timely completion of the UPRR
Relocation Project and will be addressed in subsequent agreements between Sound Transit
and the UPRR. Except as provided herein,the City shall be solely responsible for all real
property acquisitions necessary for UPRR Relocation Project and the other projects
described in the 2006 Agreement.
7.2 To the extent consistent with the state and federal law, any real property exchanges
contemplated between Sound Transit and the UPRR, will be real property exchanges
without a financial contribution from either Party. Upon successful and timely completion
by the City of its responsibilities as provided herein, Sound Transit shall surplus the Future
UPRR-ROW currently owned by Sound Transit consistent with its applicable policies and
procedures and convey fee simple title to the Future UPRR-ROW to the UPRR, subject to
necessary access easements. Sound Transit reserves the right not to proceed with any
property exchanges contemplated herein if, in Sound Transit's sole judgment,the terms and
conditions of any such an exchange are not satisfactory. The Parties acknowledge that any
real property transactions between Sound Transit and others, including form of transfer,
valuation,must be consistent with Federal Transit Administration ("FTA") requirements.
8.0 TERMINATION OF FIRST AMENDMENT
The Parties acknowledge that time is of this essence for completion of the UPRR Relocation Project
elements and for Sound Transit's design and permit approval process for the Tukwila Commuter
Rail Station project. Either Party may terminate this First Amendment as provided in Section 9 of
the Agreement, in whole or in part, in writing, if the other Party substantially fails to fulfill any or
all of its obligations or responsibilities,particularly with regard to the schedule described in Section
3 of this First Amendment.
9.0 EFFECT OF FIRST AMENDMENT
Unless expressly revised by this First Amendment, all other terms and conditions of the 2006
Agreement shall remain in effect and unchanged by this First Amendment.
IN WITNESS WHEREOF,the Parties hereto hereby agree to the terms and
Conditions of this Agreement as of the date first written above.
For the City of Renton: For Sound Transit:
)6-6t,t.,a' 4iftr tf 41-- W &I
By Denis Law By: Ji,a M. Earl
Title: Mayor Title: . 'ecutive Officer
Ap ved as to Form: Approved as to Form:
??..4.2(..-4--..-e- , I
By: Lawrence J . Warren By: # en G. Shee v
Title: Renton Legal Counsel Title: Sound Transit Lega Counsel
Attest:
607 ,4 tda.-. -J `i8/ROOF
By: Bonnie I. Walton
Title: Renton City Clerk
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