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AG 09-206RETURN TO: CITY OF FEDERAL WAY LAW DEPARTMENT REQUEST FOR CONTRACT PREPARATIOIV/DOCUMENT REVIEW/SIGNATURE Rni7TiNG ci.rp l. ORIGINATiNG DEPT./DIV: PCsL?� S'� 2. ORIGINATING STAFE PERSON: r �q,� �,Q EXT: Z 7Z DATE REQ_ BY: 4. TYPE OF DOCUMENT REQUESTED (CHECK ONE) 0 CONTRACTOR SELECT[ON DOCUMENT (E.G., RFB, RFP, tZFQ) PUBLIC WORKS CONTRACT SMALL PUBLIC WORKS CONTRACT PROFESSIONAL SERV[CE AGREEMENT MAINTENANCE AGREEMENT GOODS AND SERVICE AGREEMENT HUMAN SERVICES CDBG REAL ESTATE DOCUMENT SECURITY DOCUMENT (�.G. aorm aEr� �ocun�xTS� ORDINANCE 0 RESOLUTION CONTRACTAMENDMENT(AG#): OTHER /e l�vrot �/�/�rs �i r s_ �-t�t �v� l'�D Li C� I 3p 5_ PROJECT NAME: Pn r. S. NAME OF CONTRACTOR: C, ADDRESS: �/p__�� SIGNATURE NAME: fJ� Y 1 3 B�F� TELEPHONE 2�6 g�y a��i %>'eG�or P�lic Tr 1. EXHIBITS AND ATTACHMENTS: j$ scoPE WORK OR SERV[CES COMPENSAT[ON INSURANCE REQUIREI�NTS/CERTIF[CATE ALL OTHER REFERENCED EXHBITS O PROOF OF AUTHORITY 1'D S[GN REQUIRED LICENSES PR(OR CONTRACT/AMENDMENTS 3. TERM: COMMENCEMENT DATE: �7/p ��Q COMPLETION DATE: I TOTAL COMPENSAT[ON (INCLUDE EXPENSES AND SALES'fAX, ANY) (IF CALCULATED ON HOURLY LABOR CHARGE ATTACH SCHEDULES OP EMPLOYEES TITLES AND HOL[DAY RATES) REIMBURSABLE EXPENSE: YES NO [F YES, MAXIMUM DOLLAR AMOUNT: [S SALES TAX OWED YES NO [F YES, PAID BY: CONTRACTOR CITY O PURGHASING: PC.EASE CHARGE TO: _"�`'I.L,Q �,�'{�u �g� uJS D�T (0. CONTRACT REVIEW PROJECT MANAGER 1�/(a;r werr,, SIGNATORY (cM, ACM, OR DiRECTOR) RISK MANAGEMENT (tF APPi.lcasi.$) LAW 1. C01�1TRACT SIGIYATURE ROUTING �SENT TO VENDOR/CONTRACTOR ATTACH: SIGNATUREAUTHORITY, [NSUF Ct�-� s g H s 1 s-f �+4�H ro c��-es g `,�f LAW DEPARTMENT S�3 SIGNATORY �vl ACM, OR DiRECTOR) �o�� y. 1� CITY CLERK� t3�' ASSIGNED AG# G� SIGNED COPY RETURNED DY�°a r I IAL DATE RE V IE WED INITIAL DATE APPROVED z8 D 1 DATE SENT: Oq Oq DATE REC'D: CE CERTtF[CATE, LI NSE EXHIBITS iIl AG# �J�I o�?O �lj DATE SENT: �(p. p Gj �p�yl ���JrD ✓2� v s�� 4/9 wash�ngton state Departmerit af Tr�nsportativn State Capital Construction Grant Agreement WSDOT Regional Mobility Grant Program Washington State Department of Transportation Contractor: Public Transportation Division City of Federal Way Regional Mobility Grant Program 33325 8th Avenue South, POB 9718 310 Maple Park Avenue SE Federal Way, WA 98063-9718 PO Box 47387 Olympia, WA 98504-7387 WSDOT Contact: Mark Eldridge Contact Person: Brian Roberts Contact hone: 360 705-7273 Contact Phone: 253 835-2823 Term of Project: Federal ID 91-1462550 From July 1, 2009 to November 1, 2015 Scope of Project: Project Title: As set forth in Exhibit I, Project Scope, Schedule and pac Hwy South HOV Phase IV Budget, and Attachment A to Exhibit I Location: As set forth in Exhibit I: Project Scope, proiect Costs: Schedule and Budget and Attachment A to Exhibit I State Regional Mobility Grant Funds 1,300,000 Agreement Number GCA 6130 Minimum Matching Funds Required 4,256,000 Total Project Cost 21,280,000 THIS AGREEMENT, entered into by the Washington State Depariment of Transportation (hereinafter referred to as "WSDOT") and the contractor identified above (hereinafter referred to as the "CONTRACTOR"), and/or individually referred to as the "PARTY" and collectively referred to as the "PARTIES," WIT'NESSETH THAT: WHEREAS, pursuant to RCW 47.66.030 the Regional Mobility Grant Program has been established to aid local governments in funding projects such as intercounty connectivity service, park and ride lots, rush hour transit service, and other capital projects that improve the connectivity and efficiency of the state's transportation system; WHEREAS, pursuant to RCW 47.66.040 WSDOT shall select projects based on a competitive process consistent with local, regional, and state transportation plans, local transit development plans and local comprehensive land use plans; WHEREAS, pursuant to chapter 44.48 RCW the Legislative Evaluation and Accountability Program (LEAP) Committee provides analysis and monitoring of state expenditures, budgets and related fiscal matters and consults with Legislative committees; WHEREAS, the State of Washington in its Sessions Laws of 2009, chapter 470, section 222(5) and (6), provides Regional Mobility funding through the multimodal transportation account and the regional mobility grant program account as identified in the budget through its 2009-2011 biennial appropriations to WSDOT; WHEREAS, WSDOT Public Transportation Division administers Regional Mobility Grant Program funds to provide assistance solely for transportation projects as identified in LEAP Transportation Document 2009-B, as developed on April 24, 2009; NOW, THEREFORE, in consideration of the terms, conditions, performances, and mutual covenants herein set forth, IT IS MUTUALLY AGREED AS FOLLOWS: Section 1 Purpose of Agreement The purpose of this AGREEMENT is for WSDOT to provide capital funding to the CONTRACTOR for the design, acquisition, construction and/or improvements' of capital facilities and infrastructure to be used in the provision of transportation services to persons in the State of Washington, hereinafter referred to as the "Project." City of Federal Way GCA 6130 Page 1 Section 2 Scope of Project The CONTRACTOR agrees to perform the work and complete the Project described and detailed in Exhibit I, "Project Scope, Schedule and Budget" and in accordance with its Attachment A entitled, "Project Application Location and Description of Work" (hereinafter referred to as "Attachment A"). By the preceding reference Exhibit I with its Attachment A is fully incorporated herein as if fully set out in this AGREEMENT, and in accordance with the terms and conditions of this AGREEMENT. In the event any conflicting terms exist between Exhibit I, "Project Scope, Schedule and Budget" and Attachment A, Eachibit I, "Project Scope, Schedule and BudgeY' supersedes and shall prevail over "Attachment A." Section 3 Term of Project The Project period of this AGREEMENT shall commence and terminate on the dates shown in the caption space header above titled "Term of ProjecY' regardless of the date of execution of this AGREEMENT, unless terminated as provided herein. The caption space header above entitled Term of Project and all caption space headers above are by this reference incorporated herein into the AGREEMENT as if fully set forth in the AGREEMENT. Section 4 State Review of Project WSDOT shall review the project identified in this AGREEMENT as E�chibit I, "Project Scope, Schedule and BudgeY' and Attachment A, at least semiannually to determine whether the Project is making satisfactory. progress. If WSDOT has awarded funds, but the CONTRACTOR does not report satisfactory activity within one (1) year of the initial grant award, WSDOT shall review the Project to determine whether the grant should be terminated as provided herein. Section 5 Project Costs and Minimum Match Requirement The reimbursable costs of the Project sha11 not exceed the amount indicated for "State Regional Mobility Grant Funds" located within the caption space header above titled "Project Costs." The CONTRACTOR agrees to expend eligible funds, together with other funds allocated for the Project, in an amount sufficient to complete the Project as detailed in Exhibit I, "Project Scope, Schedule and Budget" and Attachment A. The CONTRACTOR is required to provide a minimum match of funds for the Project as identified in the caption space header above titled "Project Costs" in the amount indicated as "Minimum Matching Funds Required." Bligible matching funds are defined in WSDOT's "Guide to Managrng Your Public Transportation Grant for 2009-2011 State and Federal Grants Awarded by the Washington State Department of Trarasportation" (Guide to Managing Your Pubdic Transportation Grant) and any amendments thereto, which is by this reference fully incorporated herein as if fully set out in this AGREEMENT. If at any time the CONTRACTOR becomes aware that the cost which it expects to incur in the performance of this AGREEMENT will differ by mare than ten (10%) percent from the amount identified as "Total Project CosY' in the caption space header above titled "Project Costs," the CONTRACTOR shall norify WSDOT in writing within thirty (30) calendar days of making that determination. Section 6 Inspection of the Project The CONTRACTOR shall inspect the Project pursuant to this AGREEMENT as required during construction and upon Project completion. Upon receipt and acceptance of the Project, the CONTRACTOR agrees that it has fully inspected the Project and accepts it as being in good condition and repair, and that the CONTRACTOR is satisfied with the Project and that the Project complies with all regulations, rules, and laws. Section 7 Payment A. State funds shall be used to reimburse the CONTRACTOR for allowable expenses incurred in completing the Project described in Exhibit I, "Project Scope, Schedule and Budget" and Attachment A. Allowable Project expenses shall be determined by WSDOT as described in WSDOT's Guide to Managing Your Public Transportation Grant. In no event shall the total amount reimbursed by WSDOT hereunder exceed the "State Regional Mobility Grant Funds" identified in the caption space header above titled "Project Costs." B. Payment will be made by WSDOT on a reimbursable basis for actual costs less any pre-payment discounts, rebates, late penalties and/or refunds. The CONTRACTOR may submit to WSDOT requests far partial payment far eligible costs incurred no more than City of Federal Way GCA 6130 Page 2 once per month and the CONTRACTOR shall submit to WSDOT an invoice or financial summary of the activity of the Project at least quarterly. Payment is subject to the submission to and approval by WSDOT of appropriate invoices, reports, and financial summaries. No payment will be made for eligible work done prior to the execution of this AGREEMENT. Invoices with instructions will be supplied by WSDOT in an appropriate format following execution of this AGREEMENT. Reimbursement instructions aze also detailed in WSDOT's Guide to Managing Your Public Transportation Grant. C. The CONTRACTOR's final payment request must be received by WSDOT by July 15, 2011, within 30 days of the completion of the Project, or within 30 days of the termination of this AGREEMENT, whichever is sooner. Any payment request received after July 15, 2011, will not be eligible for reimbursement. Section 8 Assignments, Subcontracts, and Leases A. Unless otherwise authorized in advance in writing by WSDOT, the CONTRACTOR shall not assign any completed Project facilities and/or infrastructure under this AGREEMENT, or execute any contract, amendment, or change order thereto pertaining to the Project or obligate itself in any manner with any third party with respect to its rights and responsibilities under this AGREEMENT or lease or lend the Project or any part thereof to be used by anyone not under the CONTRACTOR's direct supervision. B. The CONTRACTOR agrees to include Sections 11, 12, 13, 14D, 14E, 15, 16, 17, 18, 20, 21, 23, 24, 25, 26 and 27 of this AGREEMENT in each subcontract and in all contracts it enters into for the empioyment of any individuals, procucement of any materials, or the performance of any work to be accomplished under this AGREEMENT. It is further agreed that those clauses shall not be modified, except to identify the subcontractor or other person or entity that will be subject to its provisions. In addition, the following provision sha11 be included in advertisement or invitation to bid for any procurement by the CONTRACTOR under this AGREEMENT: Statement of Financial Assistance: "This AGREEMENT is subject to the appropriations of the State of Washington." Section 9 Reports and Project Use A. The CONTRACTOR agrees that the Project shall be used for the provision of transportation services within the area described in Exhibit I, "Project Scope, Schedule and Budget" and Attachment A for the Project's useful life as set forth in WSDOT's "Guide to Managing Your Public Transportation Grant. The CONTRACTOR further agrees that it will not use or permit the use of the Project in a negligent manner or in violation of any law, or so as to avoid any insurance covering the same, or permit the Project to become subject to any lien, charge, or encumbrance. Should the CONTRACTOR unreasonably delay or fail to use the Project during its useful life, the CONTRACTOR agrees that it may be required to refund up to the entire amount of the "State Regional Mobility Grants Funds" expended on the Project. The CONTRACTOR shall immediately notify WSDOT when any Project facilities and/or infrastructure is withdrawn from Project use or when the Project or any part thereof is used in a manner substantiaily different from that identified in Exhibit I, "Project Scope, Schedule and Budget" and Attachment A. If the Project is permanently removed from transportation services, the CONTRACTOR agrees to immediately notify WSDOT of its intentions regarding the disposal of the Project or any part of the Project thereof. B. Reports. The CONTRACTOR shall submit quarterly reports to WSDOT for the period from July 1, 2009, through June 30, 2011, regazding the progress of the Project and annual performance reports for the period from July 1, 2011, through June 30, 2015, as prescribed in WSDOT's "Guide to Managing Your Public Transportation Grant" or as WSDOT may require, including, but not limited to, interim and annual reports. T'he CONTRACTOR shall keep satisfactory written records with regazd to the use of Project and shall submit the following reports to, and in a form and at such times prescribed by, WSDOT for the ProjecYs useful life as set forth in WSDOT's "Guide to Managing Your Public 7'ransportation Grant. 1. A final inspection report within ninety (90) days following completion of the Project and submission of the final billing for the Project. The final inspection report shall be submitted to the Public Transportation Director or designee. 2. Reports describing the current usage of the Project and other data which WSDOT may request from the CONTRACTOR by memos, e-mails or telephone requests. 3. In the event any portion of the Project sustains disabling damage, the CONTRACTOR shall notify WSDOT immediately after the occasion of the damage, including the circumstances thereo£ 4. The CONTRACTOR shall collect and submit to WSDOT, at such time as WSDOT may require, such financial statements, data, records, contracts, and other documents related to the Project as may be deemed necessary by WSDOT. City of Federal Way GCA 6130 Page 3 C. Remedies for Misuse or Noncompliance. The CONTRACTOR shall not use the Project or any part thereof in a manner different from that described in Exhibit I, Project Scope, Schedule and Budget, and Attachment A, as set forth in Section 2 of the AGREEMENT. If WSDOT determines that the Project has been used in a manner different from Exhibit I, Project Scope, Schedule and Budget, and Attachment A, WSDOT may direct the CONTRACTOR to repay WSDOT the State funded share of the "Project Costs." WSDOT may also withhold payments should it determine that the CONTRACT'OR has failed to comply with any provision of this AGREEMENT. Section 10 Maintenance of the Project The CONTRACTOR shall make all necessary repairs and reasonably maintain the Project to assure it remains in good and operational condition until the end of its useful life. All service, materials, and repairs in connection with the use and operation of the Project during its useful life shall be at the CONTRACTOR's expense. CONTRACTORS who aze transit agencies must also have a Transit Asset Management Plan certified by WSDOT that details the transit agency's plan to maintain the Project. All other CONTRACTORS must submit a written Maintenance Plan to WSDOT for approval prior to the occupation and/or operations of the Project. The CONTRACTOR agrees, at a minimum, to maintain the Project and service or replace parts at intervals recommended in the manuals and/or instructions provided by the subcontractors and/or component manufacturers, or sooner if needed. The CONTRACTOR shall have the Project routinely inspected and make arrangements for any appropriate service and repair under the manufacturer's warranty. WSDOT shall not be liable for repairs. The CONTRACTOR shall retain records of all maintenance and parts replacement performed on the Project in accordance with Section 21, Audits, Inspection, and Retention of Records. The CONTRACTOR shall provide copies of such records to WSDOT, upon request. Section 11 General Compliance Assurance The CONTRACTOR agrees to comply with all instructions as prescribed in WSDOT's "Guide to Managing Your Public Transportation Grant." The CONTRACTOR agrees that, WSDOT and/or any authorized WSDOT representative, shall have not only the right to monitor the compliance of the CONTRACTOR with the provisions of this AGREEMENT, but also have the right to seek judicial enforcement with regard to any matter arising under this AGREEMENT. It is understood by the CONTRACTOR that this assurance obligates the CONTRACTOR and any transferee of the CONTRACTOR, or said transferee's successor(s), for the term of this AGREEMENT." Section 12 Compliance with State Design Standards The CONTRACTOR agrees the Project design must comply with ail Washington State Standazd Specifications for Road, Bridge, and Municipal Construction (www.wsdot.wa.gov/Publications/Manuals/M41-l0.htm), and any revisions thereto. Projects that wish to use design standards that differ from state standazds must submit a request to WSDOT's Public Transportation Division and obtain documented approval before design work commences. Section 13 No Obligation by the State Government No contract between the CONTRACTOR and its subcontractors shall create any obligation or liability of WSDOT with regard to this AGREEMENT without WSDOT's specific written consent, notwithstanding its concurrence in, or approval of, the awazd of any contract or subcontract or the solicitations thereof and the CONTRACTOR hereby agrees to include this provision in all contracts it enters into for the design, acquisition, and construction of facilities and/or infrastructure related to the Project, or the performance of any work to be accomplished under this AGREEMENT. Section 14 Ethics A. Code of Ethics. The CONTRACTOR agrees to maintain a written code or standards of conduct that shall govern the performance of its officers, employees, board members, or agents engaged in the award and administration of contracts, and agrees to comply with chapter 42.52 RCW. The code or standards shail provide that the CONTRACTOR's officers, employees, board members, or agents may neither solicit nor accept gratuities, favors, or anything of monetary value from any present or potential contractor or subcontractor. The CONTRACTOR may set minimum rules where the financial interest is not substantial, or the gift is an unsolicited item of nominal intrinsic value. These codes or standards shall prohibit the CONTRACTOR's officers, employees, boazd members, or agents from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest or personal gain. As permitted by state or local law or regulations, such code or standazds shall include penalties, sanctions, or City of Federal Way GCA 6130 Page 4 other disciplinary actions for violations by the CONTRACTOR's officers, employees, board members, or agents, or by contractors or subcontractors or their agents. B. Personal Conflict of Interest. The CONTRACTOR's code or standards shall prohibit the CONTRACTOR's employees, officers, board members, or agents from participating in the selection, award, or administration of a contract supported by state funds if a real or apparent conflict of interest would be involved. Such a conflict would arise when any of the PARTIES set forth below has a financial or other interest in the firm or entity selected for award: 1. The employee, officer, board member, or agent; 2. Any member of his or her immediate family; 3. His or her partner; or 4. An organization that employs, or is about to employ, any of the above. C. Organizational Conflict of Interest. The CONTRACTOR's code or standard of conduct must include procedures for identifying and preventing real and apparent organizational conflicts of interest. An organizational conflict of interest exists when the nature of the work to be performed under a proposed third party contract may, without some restrictions on future activities, result in an unfair competitive advantage to the third party contractor or impair its objectivity in performing work under this AGREEMENT. D. Relationships with Employees and Officers of WSDOT. The CONTRACTOR shall not extend any loan, gratuity or gift of money in any form whatsoever to any employee or officer of WSDOT, nor shall the CONTRACTOR rent or purchase any Project equipment and materials from any employee or officer of WSDOT. E. Employment of Former WSDOT Employees. The CONTRACTOR hereby warrants that it shall not engage on a full, part- time, or other basis during the period of this AGREEMENT, any professional or technical personnel who aze, or have been, at any time during the period of this AGREEMENT, in the employ of WSDOT without written consent of WSDOT. Section 15 Compliance with Laws and Regulations The CONTRACTOR agrees to abide by all applicable state and federal laws and regulations including but not limited to, those conceming employment, equal opportunity employment, nondiscrimination assurances, project record keeping necessary to evidence compliance with such federal and state laws and regulations, and retention of a11 such records. The CONTRACTOR will adhere to all, of the nondiscrimination provision in Chapter 49.60 RCW. Section 16 State and Local Law Except when a federal statute or regulation pre-empts state or, local law, no provision of this AGREEMENT shall require the CONTRACTOR to observe or enforce compliance with any provision, perform any other act, or do any other thing in contravention of state or local law. Thus if any provision or compliance with any provision of this AGREEMENT violate state, or local law, or would require the CONTRACTOR to violate state or local law, the CONTRACTOR agrees to notify WSDOT immediately in writing. Should this occur, WSDOT and the CONTRACTOR agree to make appropriate arrangements to proceed with or, if necessary, expeditiously, terminate the Project. Section 17 Labor Provisions Overtime Requirements. No CONTRACTOR or subcontractor contracting for any part of the Project work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty (40) hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty (40) hours in such workw�k. CONTRACTOR will comply with Title 49 RCW, Labor Regulations. Section 18 Environmental Protections and Archeological Preservation The CONTRACTOR agrees to comply with all applicable requirements of chapter 43.21C RCW "State Environmental Policy AcY' (SEPA). The CONTRACTOR also agrees to comply with all applicable requirements of Governor's Executive Order OS-O5, Archeological and Cultural Resources, for all capital construction projects or land acquisitions for the purpose of a capital construction project, not undergoing Section 106 review under the National Historic Preservation Act of 1966 (Section 106). City of Federal Way GCA 6130 Page 5 19 The CONTRACTOR agrees to be solely responsible for all Project. Federal, State and/or local permitting as related to the aecno� Accounting A. Project Accounts. The CONTRACTOR agrees to establish separate accounts within the framework of an established accc CONTRACT'OR agrees that all checks, payrolls, invoices, contract; whole or in part to the Project shall be clearly identified, readily acc feasible, kept separate from documents not pertaining to the Project. B. Documentation of Project Costs and Program Income. The the Project, including any approved services contributed by the C records, invoices, contracts, or vouchers describing in detail the natu to maintain accurate records of all program income derived from imX Section Audits, Inspection, and I A. Submission of Proceedings, Agreements, and Other pocur thereafter, the CONTRACTOR agrees to retain intact and to provide materials relating to the Project as WSDOT may require. Proje� requirements. Should an audit, enforcement, or litigation process be c year period then the CONTRACTOR's obligations hereunder sh enforcement, or litigation process. B. General Audit Requirements. The CONTRACTOR CONTRACTOR's expense. Project closeout will not alter the C( C. Inspection. The CONTRACTOR agrees to permit WSDOT, ani all Project work materials, payrolls, maintenance records, and oth CONTRACfOR and its contractors pertaining to the Project. The WSDOT, the State Auditor, or their duly authorized representatives, other data and records involving that third party contract, and to ai contract as it affects the Project. Section Loss or Damage t A. During the useful life of the Project, the CONTRACTOR, at its o the ProjecYs facilities, associated equipment and/or infrastructure usir l. The CONTRACTOR shall maintain property insurance for cover the value of the Project; the CONTRAC7'OR shall coverage to WSDOT; or 2. The CONTRACTOR shall provide a written certificate of se its own resources the costs of repairing or replacing any Pro stolen, damaged, or destroyed in any manner. B. During the useful life of the Project, if the damage to the Project d directly to the CONTRACTOR. The CONTRACTOR shall, within thi i. Devote all of the insurance proceeds received to repair the Prc at its own expense, pay any portion of the cost of repair which 2. In the event the CONTRACTOR certified to self- insurance, c into service. City of Federal Way GCA 6130 20 d maintain for the Project either a separate set of accounts or nting system that can be identified with the Project. The vouchers, orders, or other accounting documents pertaining in sible and available to WSDOT upon request, and, to the extent �N 11tAC'1'OR agrees to support all allowable costs charged to JTRACTOR or others, with properly executed payrolls, time and propriety of the charges. The CONTRACTOR also agrees nenting the Project. �ention of Records nts. During the term of the Project and for six (6) years iy data, documents, reports, records, contracts, and supporting closeout does not alter these recording and record-keeping �menced, but not completed, during the aforementioned six (6) I be extended until the conclusion of that pending audit, to obtain any other audits required by WSDOT at TOR's audit responsibilities. the State Auditor, or their authorized representatives, to inspect r data, and to audit the books, records, and accounts of the �ONTRACTOR agrees to require each third party to permit inspect all work, materials, payrolls, maintenance records, and tit the books, records, and accounts involving that third party the Project n expense, shall cover any loss, theft, damage, or destruction of either of the following methods: �ilities, associated equipment and/or infrastructure adequate to �pply a copy of the Certificate of Insurance specifying such surance to WSDOT. The CONTRACTOR will cover from facilities, associated equipment and/or infrastructure, if it is s not result in a total loss, payments for damage shall be paid (30) days, either: :t and place it back in service, and the CONTRACTOR shall, not covered by insurance; or ote all funds necessary to repair the Project and place it back Page 6 C. During the useful life of the Project, if the Project is a total loss, either by theft or damage, the insurance proceeds or equivalent shall be paid directly to the CONTRACTOR and within fifteen (15) days the CONTRACTOR shall pay WSDOT its proportionate funded share of such proceeds received. The CONTRACTOR shall within sixry (60) days of loss, theft, or damage, notify WSDOT that it either: 1. Intends to replace the lost Project facilities, associated equipment and/or infrastructure; or 2. Does not intend to replace the lost Project facilities, associated equipment and/or infrastructure. D If the CONTRACTOR intends to replace the Project facilities, associated equipment and/or infrastructure then WSDOT will reimburse the CONTRACTOR upon receipt of an approved invoice, funds up to the amount WSDOT received in insurance proceeds. E. Coverage, if obtained or provided by the CONTRACTOR in compliance with this section, shall not be deemed as having relieved the CONTRACTOR of any liability in excess of such coverage as required by the limitation of liability section of this AGREEMENT, or otherwise. Section 23 Limitation of Liabiiity A. The CONTRACTOR shall indemnify and hold harmless WSDOT, its agents, employees, and officers harmless from and process and defend at its own expense any and all claims, demands, suits at law or equity, actions, penalties, losses, damages, or costs (hereinafter referred to collectively as "claims"), of whatsoever kind or nature brought against WSDOT arising out of, in connection with or incident to this AGREEMENT and/or the CONTRACTOR's performance or failure to perform any aspect of this AGREEMENT. This indemnity provision applies to all claims against WSDOT, its agents, employees and officers arising out of, in connection with or incident to the negligent acts omissions of the CONTRACTOR, its agents, employees and officers. Provided, however, that nothing herein shall require the CONTRACTOR to indemnify and hold harmless or defend the WSDOT, its agents, employees ar officers to the extent that claims are caused by the negligent acts or omissions of the WSDOT, its agents, employees or officers. The indemnification and hold harmless provision shall survive termination of this AGREEMENT. B. The CONTRACTOR shall be deemed an independent contractor for all purposes, and the employees of the CONTRACTOR or its subcontractors and the employees thereof, shall not in any manner be deemed to be employees of WSDOT. C. The CONTRACTOR specifically assumes potential liability for actions brought by CONTRACTOR'S employees and/or subcontractors and solely for the purposes of this indemnification and defense, the CONTRACTOR specifically waives any immunity under the State Industrial Insurance Law, Title 51 Revised Code of Washington. D. In the event either the CONTRACTOR or WSDOT incurs attorney's fees, costs or other legal expenses to enforce the provisions of this section of this AGREEMENT against the other PARTY, all such fees, costs and expenses shall be recoverable by the prevailing PARTY. Section 24 Personal Liability of Public Officers No officer or employee of WSDOT shall be personally liable for any acts or failure to act in connection with this AGREEMENT, it being understood that in such matters he or she is acting solely as an agent of WSDOT. Section 25 WSDOT Advice The CONTRACTOR beazs complete responsibility for the administration and success of the Project as it is defined by this AGREEMENT and any amendments thereto. If the CONTRACTOR solicits advice from WSDOT on problems that may arise, the offering of WSDOT advice shall not shift the responsibility of the CONTRACTOR for the conect administration and success of the Project, and WSDOT shall not be held liable for offering advice to the CONTRACTOR. Section �6 Forbearance by WSDOT Not a Waiver Any forbearance by WSDOT in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. City of Federal Way GCA 6130 Page 7 Section 27 Lack of Waiver In no event shall any WSDOT payment of funds to the CONTRACTOR constitute or be constrved as a waiver by WSDOT of any CONTRACTOR breach, or default. Such payment shall in no way impair or prejudice any right or remedy available to WSDOT with respect to any breach or default Section 28 Changed Conditions Affecting Performance The CONTRACTOR hereby agrees to immediately notify WSDOT of any change in conditions or law, or of any other event, which may affect its ability to perform the Project in accordance with the provisions of this AGREEMENT. Section 29 Agreement Modifications Either PARTY may request changes to this AGREEMENT. Any changes to the terms of this AGREEMENT must be mutually agreed upon and incorporated by written amendment to this AGREEMENT. Such amendments shall not be binding or valid unless signed by the persons authorized to bind each of the PARTIES. Section 30 Disputes A. Disputes. Disputes, arising in the performance of this AGREEMENT, which aze not resolved by agreement of the PARTIES, shall be decided in writing by WSDOT Public Transportation Division's Assistant Director or designee. This decision shail be final and conclusive unless within ten (10) days from the date of CONTRACTOR'S receipt of WSDOT's written decision, the CONTRACTOR mails or otherwise furnishes a written appeal to the Director of the Public Transportation Division. In connection with any such appeal, the CONTRACTOR shall be afforded an opportunity to offer material in support of its position. The CONTRACTOR's appeal shall be decided in writing within thirty (30) days of receipt of the appeal by the Director of the Public Transportation Division. The decision shall be binding upon the CONTRACTOR and the CONTRACI'OR shall abide by the decision. B. Performance during Dispute. Unless otherwise directed by WSDOT, CONTRACTOR shall continue performance under this AGREEIvIENT while matters in dispute are being resolved. C. Claims for Damages. Should either PARTY to this AGREEIvIENT suffer injury or damage to person, property, or right because of any act or omission of the other PART'Y or any of that PARTY's employees, agents or others for whose acts it is legally liable, a claim for damages therefore shall be made in writing to such other PARTY within thirty (30) days after the first observance of such injury or damage. D. Rights and Remedies. All remedies provided in this AGREEMENT are distinct and cumulative to any other right or remedy under this document or afforded by law or equity, and may be exercised independently, concurrently, or successively and shall not be construed to be a limitation of any duties, obligations, rights and remedies of the PARTIES hereto. No action or failure to act by the WSDOT ar CONTRACTOR shall constitute a waiver of any right or duty afforded any of them under this AGREEMENT, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. Section 31 Termination A. Termination for Convenience. WSDOT may suspend or terminate this AGREEMENT, in whole or in part, and all or any part of the financial assistance provided herein, at any time by written notice to the CONTRACTOR when it is in WSDOT's best interest or convenience for reasons including, but not limited to, the foilowing: 1. The requisite funding becomes unavailable through failure of appropriation or otherwise; 2. WSDOT determines, in its sole discretion, that the continuation of the Project would not produce beneficial results commensurate with the further expenditure of funds; 3. The CONTRACTOR is prevented from proceeding with the Project as a direct result of an Executive Order of the President with respect to the prosecution of war or in the interest of national defense; or an Executive Order of the President or Governor of the State with respect to the preservation of energy resources; 4. The CONTRACTOR is prevented from proceeding with the Project by reason of a temporary preliminary, special, or permanent restraining order or injunction of a court of competent jurisdiction where the issuance of such order or injunction is primazily caused by the acts or omissions of persons or agencies other than the CONTRACTOR; or City of Federal Way GCA 6130 Page 8 5. State Government or WSDOT determines that the purposes of the statute authorizing the Project would not be adequately served by the continuation of financial assistance for the Project. 6. In the case of termination for convenience under subsections A1-5 above, WSDOT shall reimburse the CONTRACTOR for all costs payable under this AGREEMENT that the CONTRACTOR properly incurred prior to termination. The CONTRACTOR shall promptly submit its claim for reimbursement to WSDOT. If the CONTRACTOR has any property in its possession belonging to WSDOT, the CONTRACTOR will account for the same, and dispose of it in the manner WSDOT directs. B. Termination for Default. WSDOT may suspend or terminate this AGREEMENT for default, in whole or in part, and ail or any part of the financial assistance provided herein, at any time by written notice to the CONTRACTOR, if the CONTRAC'I'OR materially breaches or fails to perform any of the requirements of this AGREEMENT, including: 1. Takes any action pertaining to this AGREEMENT without the approval of WSDOT, which under the procedures of this AGREEMENT would have required the approval of WSDOT; 2. Jeopardizes its ability to perform pursuant to this AGREEMENT, United States of America laws, Washington state laws, or local governmental laws under which the CONTRACTOR operates; 3. Failure to perform the Project or any part thereof including, but not limited to: a) Failure to build the Project according to the design specifications and all building code required standards; b) Failure to remedy all defects in the performance of the Project and correct all faulty workmanship by the CONTRACTOR or its subcontractors in a timely manner; c) Failure to take any action which could affect the ability of the Project to perform its designated function or takes any action which could shorten its useful life for Project use or otherwise; or d) Failure to make reasonable and appropriate use of the Project real property, facilities, equipment and/or infrastructure. 4. Fails to malce reasonable progress on the Project or other violation of this AGREEMENT that endangers substantial performance of the Project; or 5. Fails to perform in the manner called for in this AGREEMENT, or fails, to comply with or, is in violation of, any provision of this AGREEMENT. WSDOT shall serve a notice of termination on the CONTRACTOR setting forth the manner in which the CONTRACTOR is in default hereunder. If it is later determined by WSDOT that the CONTRACfOR had an excusable reason for not performing, such as events which are not the fault of or are beyond the control of the CONTRACTOR, such as a strike, fire or flood, WSDOT may: a) allow the CONTRACTOR to continue work after setting up a new delivery of performance.schedule, or b) treat the termination as a termination for convenience. C. WSDOT, in its sole discretion may, in the case of a termination for breach or default, allow the CONTRACTOR ten (10) business days, or such longer period as determined by WSDOT, in which to cure the defect. In such case, the notice of termination will state the time period in which cure is permitted and other appropriate conditions. If the CONTRACTOR fails to remedy to WSDOT's satisfaction the breach or default within the timeframe and under the conditions set forth in the notice of termination, WSDOT shall have the right to terminate this AGREEMENT without any further obligation to CONTRACTOR. Any such termination for defauit shall not in any way operate to preclude WSDOT from also pursuing all available remedies against CONTRACTOR and its sureties for said breach or default. D. In the event that WSDOT elects to waive its remedies for any breach by CONTRACTOR of any covenant, term or condition of this AGREEMENT, such waiver by WSDOT shall not limit WSDOT's remedies for any succeeding breach of that or of any other term, covenant, or condition of this AGREEMENT. Section 32 Venue and Prceess In the event that either PARTY deems it necessary to institute legal action or proceedings to enforce any right or obligation under this AGREEMENT, the PARTIES hereto agree that any such action shall be initiated in the Superior Court of the State of Washington situated in Thurston County. The PARTIES hereby accept the issuing and service of process by registered maii at the mailing address shown in the caption space headings above titled CONTRACTOR and Washington State Department of Transportation. Section 33 Subrogation A. Prior to Subrogation. WSDOT may require the CONTRACTOR to take such action as may be necessary or appropriate to preserve the CONTRACTOR's right to recover damages from any person or organization alleged to be legally responsible for injury to the Project or other property in which WSDOT has a financial interest. City of Federal W ay GCA 6130 Page 9 B. Subrogation. WSDOT may require the CONTRACTOR to assign to WSDOT all right of recovery against any person or organization for loss, to the extent of WSDOT's loss. Upon assignment, the CONTRACTOR shall execute, deliver, and do whatever else necessary to secure WSDOT's rights. The CONTRACTOR shall do nothing after any loss to prejudice the rights of WSDOT. C. Duties of the Contractor. If WSDOT has exercised its right of subrogation, the CONTRACTOR shall cooperate with WSDOT and, upon WSDOT's request, assist in the prosecution of suits and enforce any right against any person or organization who may be liable to WSDOT due to damage to the Project. The CONTRACTOR shall attend hearings and triats, assist in securing and giving evidence, and obtain the attendance of witnesses. Section 34 Severability If any covenant or provision of this AGREEMENT shali be adjudged void, such adjudication shall not affect the validity or obligation of performance of any other covenant or provision, or any part thereof, which in itself is valid if such remainder conforms to the terms and requirements of applicable law and the intent of this AGREEMENT. No controversy conceming any covenant or provision shall delay the performance of any other covenant or provision except as herein allowed. Section 35 Counterparts This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. The CONTRACTOR does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements and their supporting materials contained and/or mentioned herein, and does hereby accept WSDOT's grant and agrees to all of the terms and conditions thereof. Section 36 Complete Agreement This document contains ail covenants, stipulations, and provisions agreed upon by WSDOT. No agent or representative of WSDOT has authority to make, and WSDOT shall not be bound by or be liable for, any statement, representation, promise or agreement not set forth herein or made by written amendment hereta Section 37 Execution This AGREEMENT is executed by the Director, Public Transportation Division, State of Washington, Department of Transportation or the Director's designee, not as an individual incurring personal obligation and liability, but solely by, for and on behalf of the State of Washington, Department of Transportation, in the capacity as Director, Public Transportation Division, or as a designee. City of Federal Way GCA 6130 Page 10 IN WITNESS WHEREOF, the PARTIES hereto have executed this AGREEMENT the day and year last written below. WASHINGTON STATE DEPARTMENT OF TRANSPORTATION CITY OF FEDERAL WAY By; By: Kathryn W. Tayl Authoriz epresentative Director, Public sportation Divisi Brian J. Wilson Print Name: Interim City Manager Print Title Who certifies authority to eacecute this AGREEMENT on behalf of the CONTRAC'fOR. Date: v Date: APPROVED AS TO FORM: Approved as to form only: By: Susan Cruise, Assistant Attorney General Date: August 11, 2009 City of Federal Way GCA 6130 Patricia A. Richazdson, City Attomey Page 11 Exhibit I Project Scope, Schedule and Budget City of Federal Way GCA 6130 Page 12 Project scbpe su�►tEma�'y €I�asesl c�r� arigi�al c�rant appl'r�ativn} Grant funds wifl be used for construction of an HOV lane in each direction, transit signal priority at all signalized intersedions, curb, gutters, sidewalks, illumination, underground utilities and improved drainage on Pacific Highway South from South 312"' Street to Dash Point Road in Federal Way. City of Federal Way GCA 6130 Page 13 IV. 2Q09-2011 Regionai Mobility Grdnt Funding By Phase PE or design $p Right of way $p Construction $1,300,000 Total a1,300,000 City of Federal Way GCA 6130 Page 14 V. Regional Mobility GrantCash F#ow 2009- 2011 Biennium Planned Grant Expenditures Juf-09 $0 Aug-09 Sep-09 $0 Oct-09 $0 Nov-09 Deo-09 Jan-10 Feb-10 Mar-10 Apr-10 May-10 Jun-10 Jul-10 $600,000 Aug-10 $700,000 Sep-10 Oct-10 Nov-10 $0 Dec-10 Jan-11 Feb-11 Mar-11 �0 Apr-11 May-11 Jun-11 2009-2011total 51,300,000 2011-2013 request 3� Although this project only requested Regional Mobility Grant funds for the 2009-2011 biennium, the project will not be opera6onally completed within this biennium. The project is scheduled to be operationally complete by September 2011 and was evaluated as a four year project City of Federal Way GCA 6130 Page I S Attachment A to Exhibit I Project Application, Location and Description of Work City of Federal Way GCA 6130 Page 16 Washington State ZOO9 -2011 Regionat Mobility Grants Departmeqt of 7Yansportation Attachment A:. Project Summary Project Title Pacific Highway South HOV Lanes Phase IV (South 312�' Street to Dash Point Road) Lead Agency Totat Dollar Amount of Grant Requesfi City of Federal Way $1;300,000.00 Totai Dollar Amount of Project `$2't,280,000.00 Project Manager (day-to-day point of contact; name, address, phone number and e-mail address) Brian Roberts, Street Systems Project Engineer Project Financial Partners P.O. Box 9718 TIB, $8,177,109 FedecaC Way, WA 98063-9718 Fed, $7,440,584 253-835-2723 Local Funds, $4,362,307 brian.roberts aCa.citvoffederalway.com Summarize the probtem in relation to both the local' public transportation system and the b�oader regional transportation system (include the location and the specific congested corridor or situation). Pacific Highway South HO�f Lanes Phase IV is identified in the Regional Nefinrork of High Occupancy Vehicle Lanes, the Regional Arterial Network (RAN),. is a Highway of Statewide Significance, and is the first route #or King County's Bus Rapid Transit (BRT). KC Metro currently has routes 173,174, 175, and 901 within the project limits. The daily ndership for these routes are: 173 80; 174 8000; 175 240; and 901 350_ Route 174 will be replaced with a BRT route with 10 to 15 minute headways at all hours, with ridership expected to increase to 9�00 in the first year and up to10,400 by the fourth year. This segment of SR 99 is the last segment to complete HOV lanes on this route from South 340th Street to South 116'" Street in Tukwila. Summarize how the proposed grant project addresses the problem. Consistent with the corridor goals, improvements of this project include ackting an HOV lane in each direction, curb, gutter and sidewalks both sides, iflumination system, modifying the signal systems, undergrounding overhead utilities and improved drainage system. Transit Signal Priority treatments will be applied on all signalized intersections of the project. The combination of increased transit use, more carpooling, and greater pedestrian usage wiA reduce VMT (20,615,OQ0 per year} and vehicle trips (2,061,471 per year), thereby reduci�g both congestion and vehicle emissions: Upon completion of this project, the result in a total annuat delay savings will be 26,910 hours; annual delay savings for vehicles 8,089 hours, buses with passengers 12,036 hours and TSP operations 6,785 hours. Annual Vehicle Trip Reduction Annual Vehicle AAiles Traveled Reduction 1,550,1.21 In Year 1 15,501,210 In Year 1 2,061,471 In Year 4 20,614,710 1n Year 4 City of Federal Way Page 1 of 30 Pacific Highway South HOV Lanes Phase N Washin�ton State 2009-2011 Regional Mobility Grants �I/ �r��+� of'r�a�+s�o�t�t�, Attachment A: Project Summary Pacific Highway South HOV Lanes Phase IV is located within the City of Federal Way. The project limits are from South 312"' Street to Dash Point Road. This project is listed on the City of Federal Way adopted Transportation Improvement Plan (TIF) 2009-2014 and included in the PSRC Regional TIP. Improvements include reconstructing and widening Pacific Highway South for HOV lanes, installing landscaped medians with provisions for left and U-tums at intersections, undergrounding overhead utilities, installing curb, gutter and sidewalk, modifying finro signal systems, upgrading the signal systems interconnect, drainage system improvements, and provisions for transit priority system, illumination, and channelization. This project is currently under Design. NEPA and SEPA have been approved. ROW acquisition process is underway. Bid advertisement is scheduled for December 2009. Construction is anticipated to begin in Spring 2010 and be completed late Summer 2011. This N-S corridor parallels I-5, and at various focations, provides connections to I-5 interchanges, serves as the south access to SeaTac Airport, and will provide connections and access to the proposed SR 509 extension. An important goal of this corridor is to attract SOV drivers to HOV and transit modes. This corridor will also increase transit ridership by improving the perFormance and accessibility of the system. T�ansit time will be shortened because of HOV Lanes and transit signal priority. Better accessibility to park and ride facilities, Transit Centers, conveniently placed bus pullouts and shelters, and improved pedestrian facilities will draw even more transit users. Carpooling is expected to increase as motorists see the increased level of service provided by the HOV lanes. It is expected that this corcidor will cause a substantial transportation mode shift. From the outset, an important concept behinct this corridor was not just to increase vehicle capacity, but also to lower traffic volume through increased altemate transportation use. This concept is seen as a more forward thinking approach for long-term improvement of the corridor's overall functionality. All jurisdictions along this corridor, Tukwila, Seatac, Des Moines, Kent, King County and Federal Way, participated in the corridor study performed by WSDOT/OUM in 1999. This study established criteria and a plan of continuity of each segment along the corridor. The projects on this corridor are consisterrt with that study. This project is a°gap° project, because it ties in the completed projects Pacific Highway South HOV Lanes Phase I and Phase II to the south and Phase III to the north. This project is a vital link for the success of the corridor. Improvements from this projeet will complete the redevelopment of the comdor from South 34p Street in Federal Way to South 116�' Street in Tukwila. King County METRO currerrtly has routes 173, 174, 175 and 901 within #he project limits. King County will implement its first Bust Rapid Transit (BR� route in 2010 on this corridor, more than doubling transit service. King County has planned Transit Signal Priority (TSP) locations along Pacific Highway South within the City of Federal Way. The completion ofthis project would significantly benefit the BRT aperation Pedestrian improvemerrts include sidewalks, crosswalks, bettec illumination, and access control. These facilities should promote pedestrian use befinreen residential dwellings, local parks, schools, restaurants, retail stores along the corridor and park and ride facilities. City of Federal Way Page 2 of 30 Pacific Highway South HOV Lanes Phase IV Washington State 2009-2011 Regional Mobility Grants Department of Transportation 2. PROJECT DESCRIPTION Pacific Highway South HOV Lanes Phase IV is located within the City of Federal Way. The project limits are from South 312'" Street to Dash Point Road. This project is listed on the City of Federal Way adopted Transportation Improvement Plan (T1P) 2009-2014 and included in the PSRC Regional�TlP. Improvements include reconstructing and widening Pacific Highway South for HOV lanes, installing landscaped medians with provisions for left and U-tums at intersections, undergrounding overhead utilities, installing curb, gutter and sidewalk, modifying two signal systems, upgrading the signal systems interconnect, drainage system improvemerrts, and provisions for transit priority system, illumination, and channelization. This project is currently under Design. NEPA and SEPA have been approved. ROW acquisition is anticipated to begin in February 2009. Bid advertizement is scheduled for December 2009. Construction is arrticipated to begin in Spring 2010 and be completed late Summer 2011. This N-S corridor parallels I-5, and at various locations, provides connections to I-5 interchanges, serves as the south access to SeaTac Airport, and will provide connections and access to the proposed SR 509 extension. This project is a"gap" project, because it ties in the completed projects Pacific Highway South HOV Lanes Phase I and Phase II to the south and Phase 111 to the north. This project is a vital link for the success of the corridor. Improvements from this project will comp{ete the redevelopmerrt of the corridor from South 340"' Street in Federal Way to South 116"' Street in Tukwila City of Federal Way Page 3 of 30 Pacific Highway South HOV Lanes Phase IV Washington State 2009-2011 Regional Mobility Grants Department of Transportation 3. MAPS Figure 1 Pacific Highway South/International Boulevard Redevelopment Projects PROJECT LOCATION CURRENT TOTAL STATUS PROJECT COSTS TUKWILA South 116ih Street to South 132nd Street In Construction $&.7 M 5auth 132nd 5treet to South 138th Street In Construction $5.5 AA South 1382h Street to south 152nd Street Com leted $10.3 M 8EATAC 8outh 152nri Street to South 170th Street Completed $1Q.q Nt South 17flth Streat #o Soukh l88th 8treet Completed $7.1 ly South 1&8th Street to South 2f3Qth Street Completed $5.2 M South 200th Stree# to South 21&th Street Cornpleted 511.9 M DES i1A(}fNES iouth 216th S.reet ktr tCent-Des Moines Ftd C�m�=eied v22.5 t�1 10EN'T Kent-Des ��loinss Road to Sauth 252nd Streei Complete� �9.8 M South 252nd Streef to South 272ncf Street Com ieted �10.;� {N WSDOT South 272nd Street to South 284#h Street Com le#ed $13.2 M FEDERALWAY South 284th Street to Dash Point Road Completed $23.3 M Dash Point Road to South 312th Street Under Design $21.3 M South 312th Street to 5outh 324th Street Completed $12.0 M South 324th Str�etia Snuth 34ff#h 5treet Com leted �1f,q M TOTAL s188.2 M City of Federal Way Page 4 of 30 Pacific Highway South HOV Lanes Phase IV Washington State Department of Transportation 2009-2011 Regional Mobility Grants Figure 2: Project Ma� City of Federai IrNay Pacific Highway South HOV' Lanes Phase !V (Dash Point Road to Sou�h 312th Street) 6293PL S 3T Z'+ g fl e �s��O S ��qrs I I, p s c3� D t m 29:� P N 2 I Z y ST a m �y_ y m a 7 R Ad' V T t2P a N a �F j �S 295 W N �?i SIR SIA y 'L�' o f �S 286 5T �ANTEBlNtv oR N I y N 5298 PL .,�8 ST y h' m �t4` �d" QO��� N �c' n n N a CJ� a N S2��8T gQ m a�' a s 2� s2ee szses� sr a s sao sr d s 30o sr 3 S301�ST w S30�f�ST St� I a J S 3ot ST a S302S7 53qt �;'d $�T �N I y I u� o Q S 303. ST 302 PL 302. PL i m M� O! 41 ��-W P E j ao a o G d c a a a a a fl s soa sT m 'S 30d ST R'� N N N ST� �A s a� -....,,,_m,,..,� a ��f,'�� f N a, I I Z.dX��' N I Q Q Q F II�-•.,,,�....�.",�`. f o 5�308ST �..—i �i F,caster S 313 ST A Q� y �ti S 3t5 ST 1 30B��gT 0� u� m J 1 a Q m3f38�CT W 33t0�ST �I S 312 ST y N ��i zE ��z t .S� 3 m E i'., fi n u g 4 i� N City of Federal Way Page 5 of 30 Pacific Highway South HOV Lanes Phase N Washington State Departmer�t of '[�ansportation Identified Bottleneck or Chokepoint See attachment B. Choose one by marking with an X: Map 1 2005-2011 Regional Mobility Grants Attachment C: Congestion Description Level of Service Be. prepared to provide documentation if requested. Map 2 See Tables 1- 6 State Route and description of beginning ending location_ f Pacific Highway South (SR 99), South 312�' Street to I Dash Point Road Describe the congestion problems yoar proposat addresses. The explanation should relate the project to both the public transportation system and the broader regional transportation system and should clearly demonstrate the connection between the problem and your proposal. The Pacific Highway South HOV Lanes Phase IV project is a continuation of the commitment for HOV lanes through the entire Pacific Highway South Intemationat Boulevard Corridor. The corridor improvement goals are to improve traffic operations and safety, alleviate traffic congestion, r.educe accidents, reduce SOV usage, promote economic vitality, decrease criminal activity and provide an aesthetically vibrant transportation carridor. Pacific Highway South (SR99) is integral in connecting the designated urban centers in Federal Way and SeaTac and designated manufacturing industrial centers at North Tukwila and Duwamish. An important corridor goal is to attract SOV drivers to HOV and transit modes. The completed corridor will also increase transit ridership by improving the performance and accessibility of the system. The Phase IV projed is a"gap" projeet, because it ties in the completed projects Pac�c Highway South HOV Lanes Phase I and Phase II to the south and Phase III to the north. This project is a vital link for the success of the corridor. Improvements from this project will complete the redevelopment of the corridor from South 340"' Street in Federal Way to South 116"' Street in Tukwila. Figure 1 shows all of the projects on this corridor. Ten years after opening, traffic volumes aiong the corridor will have grown due to new developments along the corridor, and growth within the Des Moines Business District and SeaTac and Federal Way Urban Centers. The Level Of Service along the corridor will maintain LOS E or better for signalized intersections. Consistent with the corridor goals, the improvements of the Phase lV project include adding an HOV lane in each direction, curb, gutter and sidewalks both sides, illumination system, mod�ed signal systems. at S. 308�' and S 304�' Streets, undergrounding overhead utilities and an improved drainage system. Transit. Signal Priority treatments will be applied on al! signalized intersections of the project. Pedestrian improvements include sidewalks, crosswalks, better illumination, and access control. These facilities should increase pedestrian use befinreen residentiat dwellings, local parks, schools, restau�ants, retail stores and park and ride facilities along the corridor. King County METRO currentty has routes 173, 174, 175 and 901 within the �project limits, see Table 6. The daily riderships for these routes are: 173 80; 1T4 8000; 175 240; and 901 350. The county has planned Transit Signal Priority (TSP) locations along Pacfic Highway South within the City of Federal Way, see Table 5: King County will implement its first Bus Rapid Transit (BR� route in 2010 on this corridor, more than doubling transit service. Route 174 will be reptaced with the BRT route with 10 to 15 minute headways at all hours. Ridership is expected to increase to 9000 in the first year and up to10,400 by the fourth year. City of Federal Way Page 6 of 30 Pacific Highway South HOV Lanes Phase 1V washington State 2009-2011 Regional Mobility Grants oepa�t�„t of rra„spo�tatio�, Attachment C: Congestion Description Pacific Highway South HOV ;Lanes Phase IV is identified in the Regional Network of High Occupancy Vehicle Lanes, the Regional Arterial Nefinrork (RAN), is a Highway of Statewide Significance, and is the first route for King County's Bus Rapid Transit (BR�. This segment of SR 99 is the last segment to complete HOV lanes on this route: The completion of Phase 1V would significantly benefit the BRT operation Transit time wiH be shortened because of HOV Lanes and transit signal priority. Better accessibility to park and ride facilities, Transit Centers, conveniently placed bus pullouts and shelters, and improved pedestrian facilities will draw even rnore transit users. Carpooling is expected to increase as motorists see the increased level of service provided by the HOV lanes: It is expected that this corridor will cause a substantial: transportation mode shift. From the outse#, an important concept behind this corridor was not just to increase.vehicle capacity, but also to lower traffic volume through increased alternate transportation use. This concept is seen as a more forward thinking approach for long-term improvement of the corridor's overall functionality. All jurisdictions along this corridor, Tukwila, Seatac, Des Moines, Kent, King Counry and Federal Way, participated in the corridor study pertormed by WSDOT/OUM in 1999. This study established criteria and a plan of continuity of each segment along the corridor. The projects on this corridor are consistent with that study. The combination of increased transit use, more carpooling, and greater pedestrian usage will reduce VMT (20,615,000 per year) and vehide trips (2,061,471 per year), thereby reducing both congestion and vehicle emissions. Upon completion of this project, the result in a total annual delay savings wi11 be 2fi,910 hours; annual delay savings for vehicles 8,089 hours, buses with passengers 12,036 hours and TSP operations 6,785 hours. The following tables indicate the percent improvement with this project for 4he person delay for PM Peak from 18.9% to 38.9%. City of Federal Way Page 7 of 30 Pacific Highway South HOV Lanes Phase N V1lashington State Regional Mobility Grants Department of Transportation Table �1: Level �f Service (LOS) Criferia Signali�ed lntersectio� LOS Control Delay Per Vehicle seconds A 5 10 B 10 and 5 20 C 20 and s 35 D: 35 and 5 55 E: 55 and s 80 F �.80. Table 2: Project Specific Traffic Operation Improvements PM Pe�k Hour Int�r�ect�on Average �elay �SerlVeh� and �.evel of.Serv�ce �ter"section� 2d06 EX�t�n�. 201� No Pro�ect 20�.1 Prn�ect 20I1 Percerit Improvet�ent orr:; Cohd���ons,;` Impttive�gn, ts Qpeping w�th the Project SR99 S310thSt 0.8-A 0.9- 0.2-A 77.8% S308thSt 22.9-C Z5.7-C 18.25-B 29.2.% S304thSt 33.2-C 41.0-D 27.3-C 33.4°/a '18thAveS Z.7-A 4.6-A 2.2-A 52.2% AM Pealc Hour Intersect�arn�A�erag�;Delsy. (Sec/Veh) and,Leve� of Serv�ce InterseCt�oqs 2006'Exis�ing ��11 �io Pro�ect 2011 Pro�ecY 2011� Percent Impr�Yemeut on Copd3tions �mprov�meats Open��lg witli the P�oject SR99 S310thSt 0.6- A 0.6—A 03-A 66.7.% S 308th Sf 20:2 B 22.3 C 21.3 G. 4.5 S 304th St 37.5 D 36.9 D 39.6 D: _73 18tti Ave S. 1.5 A. 1.8 A. 19 A.. =5.6 I City of Federal Way Page 8 of 30 Pacific Highway South HOV Lanes Phase IV Washington State Regional Mobi{ity Grants Department of Transportation Table 3: Peak Hour Delay Savings (Vehicles) I?�QJ���' �O�A`TION 5310th S308t�r YS�04�h;St� 18thPweS/ St/SR99 St/SR9� SR99 SR99 r PM Pesk Annual F.stimefed 210 2;529 4;918 702 De1sy Savings in I�urs: AM Pcak Aenual EstimAted. 59 191 -582 -1$ Delay Ssvings in Hours Tota1 Peak Hour Annual 8089 Savin s ehi�etes Source: Paeific Higllway South HOV Lanes Phase IV Design Report and City data, KPG Table 4: Peak Hour Delay Savings (Bus Passenger Hours) !1�O�TE`.: 1'�3;': `19d 1;?5 :,9�1 PM Peak Annual Estimated Delay $avings in Hours 5879 272 5 AM Peak Aonual Estimated Delay Savings in Hours 53 5478 3U1 0 Tota1 Peak Hour Annual Ssvings 12,036 Buses with Fassen ers Source: Federal V1!ay Proposal for Transit Speed Reliability Parfnerwhip, DKS Associates, December, 2007 Table 5: Additional Delay Savings for TSP on Completion of HOV.Lanes 5364th St/SR99 Lbcation v►�/�omplefal S3(i�th SU$R99 �egu1�1't 1'tiase�IV SR�9 Dail Trnnsit Ve6icle Tri s 176 2 r�neual Estim$ted Delay 3061 3724 Savin in Hours Transit Signal Priority Saving Annual Total in Hours Sour¢ec Pacifio Highway South Federal WAy TSP Operations Report, DKS Associates, December 5, 2�5 Total Annual Dela Savin s:. 26,910 Ciry of Federal Way Page 9 of 30 Paci�ic Highway South HC)V Lanes P hase I V Washington State Department of Transportation Regional Mobility Grants Table 6: Person Hours Delay 3avings King County METRO Daily rider ship HouMy est. PM peak est Est used for C81CS delav savinns 173 80 19 174* 9000 528 2/3 66 *12 175 240 54 901 350 12 Based on proposed servicelevels per KC METRO upon BRT implemeetation in 2010 City of Federat Way Pacific Highway South HOV Lanes Phase IV f� 54 12 Page 10 of 30 Route 173 2 Buses during PM peak hour Route 174 —12 Buses during PM peak hour Route 175 3 Buses during PM peak hour Raute 901 3 Buses during PM peak hour Washington State Department of Transportation 5. SYSTEM INTEGRATION Regional Mobility Grants This N-S corridor parallels I-5, and at various locations, provides connections to 1-5 interchanges, serves as the south access to SeaTac Airport, and will provide connections and access ta the proposed SR 509 extension. An important goal of this corridor is to attract SOV drivers to HOV and transit modes. This corridor will also increase transit ridership by improving the performance and accessibility of the system. Transit time will be shortened because of HOV Lanes and transit signal priority. Better accessibility to park and ride facilities, Transit Centers, conveniently plac�d bus pullouts and shefters, and improved pedestrian facilities will draw even more transit users. Carpooling is expected to increase as motorists see the increased level of service provided by the HOV lanes. It is expected that this corridor will cause a substantial transportation mode shift. From the outset, an important concept behind this comdor was not just to increase vehicle capacity, but also to {ower tra�c votume through increased a�emate transportation use. This concept is seen as a more forward thinking approach for long-term improvement of the corridor's overall functionality. All jurisdictions along this corridor, Tukwila, Seatac, Des Moines, Kerrt, King County and Federal Way, participated in the corridor study performed by WSDOT/OUM in 1999. This study established criteria and a plan of continuity of each segment along the corridor. The projects on this corridor are consistent with that study. This project is a"gap" project, because it ties in the completed projects Pacific Highway South HOV Lanes Phase I and Phase II to the south and Phase I11 to the north. This project is a vital link for the success of the corridor. Improvements from this project will complete the redevelopment of the corridor from South 340�' Street in Federal Way to South 116"' Street in Tukwila. King County METRO currently has routes 173, 174, 175 and 901 within the project limits, see Table 6. King County will implement its first Bust Rapid Transit (BR� route in 2010 on this corridor, more than doubling transit service. King County has planned Transit Signal Priority (TSP) locations along Pacific Highway South within the City of Federal Way. The completion of this project would sign�cantly benefd the BRT operation, see Table 5. Pedestrian imp� include sidewalks, crosswalks, better illumination, and access corrtrol. These facilities should promote pedestrian use between residential dwellings, local parks, schools, restaurants, retail stores along the corridor and parlc and ride faalities. City of Federal Way Page i l of 30 Pacific Highway South HOV Lanes Phase IV Washington State Department of Transportation Annual Vehicie Trip Reduct(on 2009-2011 Regional Mobility Grants Attachment D: Effectiveness Measures Annuat Vehicle Miles Traveled Reduction 1,550,121 In Year 1 15,501,210 in Year 1 2,061,471 In Year 4 20,614,710 In Ysar 4 Show your work. Explain any assumptions used to calculate the annual reductions in vehicle trips and vehicle miles traveled. (Incfude justification for ridership or utilization assumptions; site examples and documentation.) VMT Reduction Lane utilization factors used default Highway Capacity Manual numbers. The modeled HOV volumes are comparable. Assumed 1/3 of GP volume in HOV lane, and AVO is at least double. Build volume 3088 v h No-build volume 2709 v h 279 v Assume average trip length 10 miles. Average joumey to work 30.2 minutes. ADT 29,000 PHV 2493 k factor 8.6°� New HOV lane volume: 279 0.086 3244 HOV Lane Volume 3244 Miles r Tri X 10 VMT Da 32,440 City of Federal Way Page 12 of 30 Pac�c Highway south HOV Lanes Phase IV Washington State Department of Transportation 2009-2011 Regionai Mobility Grants Attachment D: Effectiveness Measures TEV 2011 AM 2011 PM 18 Ave S 1779 3213 S 304 St 2124 3538 S 308 St 1881 3324 S31 Qth St 1416 2956 Northbound Southbound AM PM AM PM HOV Lane S 312 S 308 7.8 3.9 5.9 8.3 S 308 S 304 10.5 5.1 2.3 4.4 S 304 4.8 •0.2 0.0 2.2 Dash Pt Rd TSP S 308 1.5 4.8 2.0 5.1 S 304th 2.9 5.1 3.2 4.8 Total Transit Delay Reduction 27.5 19.1 13.4 24.8 Buses/Hr Riders/Bus 173 1 0 0 1 19 174 6 6 6 6 220 175 2 0 0 2 54 901 2 0 2 0 12 Totaf 11 6 8 9 Bus Route S 304�' St S 3i 173 4 4 174 163 163 175 9 g 901 0 30 Total Buses /Da 176 206 Ave Delay Reduction from TSP (sec) 4.15 3.12 St City of Federal Way Page 13 of 30 Pacific Highway south HOV Lanes Phase IV 2009-2011 Regional Mobility Grants VMas'hu�gt°n State Attachment E: Financial Plan Tables Deparhnerrt of 7�ransportation of RMG CoMribution to Overall Project Cost 6.1 °h of Match CoMribution to Overall Projed Cost (Local, Federel and Other funds, not State funds) 55.5 This table should only represent the requested Regionat Mobility Grant funds. Expenditure dates should represent the intended month of billing. Grarrtees are expected to bill at least quarterty but no more frequently than monthy. The 2009-2011 biennium represents the months of July 2009 through June 2011 and the 2011-2013 biennium represents the months of July 2011 through June 2013. City of Federal Way Pacific Highway South HOV Lanes Phase IV Page 14 of 30 This table should represent all project costs. The information contained in this table will serve as the basis for any 2009-2011 Regional Mobility Grants ���e of �+�orte�on Attachment F: Financial Plan Description Describe the funds you are providing to the project (If applicable, attach documentation) Local funds budgeted for the project: $3,902,307 Describe the contributions of any financiai partners on the project (For all financial partners a letter of concurrence, award letter or other financial document from the organizabon must be included.) Federal: STP VKG $440,584 STP Regional $7;000,000 State: TIB $5.811,320 Total �13,251,904 Desc�ibe any undocumented financial contributions or other unique aspects of your financial plan. Local utilities will reimburse the City for joint utility trench participation. Each utility is billed for work done under their individual schedule within the project construction contract. Estimated reimbursement by utility: Comcast $40,000 Qwest: $45,000 Lakeha�en Utility District: 375 000 $asa,000 The Phase IV project is the final component of an on-going commitment for the redevelopment of the Pacific Highway South/Intemational Boulevard. The municipalities of Tukwila, SeaTac, Des Moines, Kent and Federal Way along with the agencies of King County and WSDOT are committed to completing this corridor. Of the 15 projects on this corridor, 12 projects are complete, 2 are under construction, and this project is under design. The total corridor improvemerrt cost is estimated at $185_2 Million. Of this amount, $183.9 Million has been vested in this corridor and only $1.3 Million remains to complete this corridor redevelopment. Funding agencies include FHWA, TI6, Cities of Tukwila, SeaTac, Des Moines, Kent and Federal Way, King County METRO and WS�T. Completing these project segments will provide corrtinuity for Transit/HOV lanes and facilities along this corridor. Please describe how you plan to maintain funding for the service or facility after Regional Mobility Grant funding expires. Pacific Highway South is currently maintained through Federal Way's Streets Maintenance accourrt. Funding is from the City's general fund, utility tax fund, and the WSDOT overlay program. These funding sources are expected to perpetuate maintenance activities after project completion. City of Federal Way Attachment F Page 15 of 30 Pacific Highway South HOV Lanes Phase IV Washington State 2009-2011 Regional Mobility Grants Department of Transportation Washingtori State RECEIVED Transportation Improvement Board oEC I e zoo5 TIB Memben c�+��.,�ew�.�. aw: e.� a�.M cwns,.�ro.,...r a.aeo, wwar; cyawnw�n M..Mn AMS, P.E pYd�/i �r. ceaio. ae„ Fartat�. we. K..w.� o.w W500T �.a�e: wr.� c� abere.r. r,�w�d coucAnw�t.. aMn aowps PN�4 CauiXy �b.'PaYSa MsimwM. P.E. wsoar ea.Mm.ee., w McG.e oyd vaMme �r. ok. Mcw+e,, QirdedNqrm M. Dare pdsan c�,Arc�,. conn+.ma�r ca.o vrW w�n cwwy �r. os.a acon„ey Abv� coury oa�, da�r� r w �r. oaa swexn. ayaw.�r�s. ►r. semm HsAerc�s M./lrald TWpidd xroca.a�w...� Mr. sau. nwne.n S�ahnmteh Wnfy M. NndOTanYc 92�tlsANWaed Wea�Ygppn r..my w.w. CouMrlilweAaMn+�aion eora s�s, c� Eonrw. o�scm. P.O. Bm �09p/ oy�or, w� seso.oam q,onc aeo�sae.n�o F8¢ 3603861186 wwr.v.YU.wnppy Decert�er 9, 2005 11�. Cary M. Roe, P. E. Public Works Diredor City of Federal Way PO Box 9718 Federal Way, WA 98063-9778 Transportation Improvement Program TIB Projed Number �P-113(008}1 Paafic Highrway South (SR 99) Dash Pant Rd to S 312th St Desgn Phase Approval This is to coMirm that the TIB has authorized the design phase of this P►oject effective December 9. 2005. Please sign the enclosed Fuel Tax Grant Disfi'bution Agreement and retum the original to the TIB_ Design phase payments yvin be p�ocess� an e�aec:uted Fuel Tax Grant Distributlon Agreement is received by the TIB. You may request reimbursement from T!B beginning July 1, 2006. Future RequiremerKs UPon cmnpletion the desi9n Phase. P�ease send the folbwing iterr�s to your T1B projed engineer to request c�nnsstrudion phase approval: Ci0I1StRJ(.'�10�1 �OSPQ(`�, (Jg Half-size set of plans �CfflCdtlOrlS Fnal engineers estimate ff� P� �S on or adjaceM to a state highway, inGude verification from WSpOT indicating review and approwal ot c�nsUucho� docur�n� Your approval may be authorized by the TIB Executive pirec�tor if the projed meets y�e fotiowing criteria: a. There is no change in the apProved project scope: b• The total TIB funds anticipated for the project have increased no more than 15°k w 5750,000 above the amount at project selectiort. AII other projects must be aPProved by the Board Submit an online TIB Reimbursement Form to request paymeM for eligible project oosts. Failure to submit timely progress billings may resutt in delayed payrnents a the establishment of a payment schedule. Reimbursements are processed etectronip�N at www.Ub.wa. gov/services/reimbursemeMs/reimbursemerKs.htm. For assistanoe with your projed, contact Greg qrmstrong, TIB Project Engineer, at (360} 586-1142 or via e-rr�ai{ at GregA�TlB.wa.gov. �nvesting in your /oca/ community ti" City of Federal Way Page 16 of 30 Pacific Highway South HOV Lanes Phase N Washington State Department of Transportation 2009-2011 Regional Mobility Grants Washington State Transportation Improvement Board C'C 'i TIB Members c�.�..�e� a,r: e�wn os..,. c«,�.me., e�.a�a,. Yb ('Jri, dy dFacMW NEy Mr. JMn Akas, PE aya� ►r. a�aye aw. FMdLOpWw w. w�e� o..i. wsooT cwa�.me.,wr.m c.+.,, C7yddWr Gior�O Coun�nwbw CalyN C�Oige PMcs Can9' Mw PW 1ra�mtl. PF. N500T cw.�.me..uw�n.. ayarraisor �r. oia w�ry ayaawnp.�s 1w. DM H�ren AvMCa/rY Nfi�n coviy Mr.o..acp.,r ►w.on cwp on�o.aw�.wr�r�r o.wa &wr�n o�rdwr�.�cn.. as aate,unr�, sw�.,�.., s�+�, �.b. Mqle rmiee BkYcls AIfMC�e aI MYsAbpbn oa.Nraoeanar��,M e w r,r. s�w.� cae.r Ey.euYr.nkve. v.a eo.�owt aynql�, WA 9B9D/-0BM Phar:3l0�6l611M Fmc9BP6961185 wMw.tlC.wv.gov November 21, 2005 Mr. Roe, P.E. Public Works Director City of Federal Way PO Box 9718 Federal Way, WA 98063-9718 FY 2007 Urban Corridor Program (UCP) Project Selection TIB Project Number 9-P-313(008)-1. Pacific Highway South (SR 99) Dash Pofnt Rd to S 312th St Dear Mr. Rce: NOV 8 8 2005 ���01 Ir The Transportation Improvement Board (TIB) met on November 18, 2005 to adopt the FY 2007 Priority Array. We are pleased to announce the selection of your project from the Urban Corridor Program (UCP). TIB funds obligated for the project are as follows: PHASE TIB FUNDS Design Phase 2,556,981 Construction Phase 6,683,019 Total $9,240,000 Your next step is to complete and retum the enclosed TIB FY 2007 Program Funding Status form. TIB grants Design Phase approval after you submit the Funding Status and veriflcation that the project is part of your adopted Six-Year Transportation Improvement Plan. After TIB approval, work may begin on or after July 1, 2005. An early start will be considered if you submit a written request to your TIB project engineer justifying the action. Congratulations on the selection of your projed from the Urban Corridor Program. For assistance, contact Greg Armstrong, TIB Project Engineer, at (360) 586-1142 or via e-mail at G�r' gAf�atib.wa.gov. Sincerely, y��//AI%���/�ltl/� i' `s�. V Stevan Gorcester Executive Director SG/gjb Invesffng /n y�ur local carrmr�nity City of Federal Way Page 17 of 30 Pacific Highway South HOV Lanes Phase IV Washington State Department of Transportation 2009-2011 Regional Mobility Grants oG—oZ �f Brian Roberts Frorr►: Ser� To: Cc: Subjee� AtfachmetHs: Tracy Murray [TMurray@psrc.org] Wednesday. August 13. 200810:56 AM mw�ang�ci.arlington.wa.us; jbenn�beliewewa.gov; eddie.bw(�cci.botheB.wa.us; mike.rned�ci.bremerton.wa.us; larty.matel�ci.brc�rnerton.wa.us; kathryn.rasmussen�commdans.org; dave(c�ci.edgewood.wa.us; chrissearcy�cci.enumclaw.wa.�; bjon�Dp.e�rerett.waus; GaryCQci.issaquah.wa.us; Peter.heffernan�kin9��tY•9�: JaY•��k���tY•9�� wendYc�kitsaptransitcom; jelekes�ci.ynrnwood.waus; cmudget�CO.pieroe.wa.us; mgraves�co.pierce.wa.us; bhunter�pier�etransitorcJ: �����a9: ��Y�cetransikorg: fla99•s�or�e•o►9: aarcher�esd.wa.9av: boba�Ci.P�YaUup.wa.us; jseitr�ci.renlon.wa.us: J�Q���•9�:1�Y�+�J�•9�: Pramon�Ci.st�oreline.wa.us; kholmes�ci.snoqualrtrtrie.vra.us; lisa.wolGerinkQsoundtransitorg; DSODERLI�ci.txoma.wa.us: RathbunL�cbnsuliaM.wsdotwa.gov; morsesl�wsdotwa.gov, bjustBt�aol.com: wilderd�vsdot.wa.gov: davis9a�wsdctwa.gov: Brian Roberts; rbla,nt�roffiTe.org: aunsdon�aunumwa.s� i��s�bumwa.gov Kanen Richter; Kely McGourty: Dick Callahan: Clirk Brier; Larry Burris; Tracy Murtay Regional TtP Amendment 08-07 A- Transmiital Letter.pdf; B- Approval Letter 08-07.pdf; C- Pmjects Amended 'm OS-07.pdf; D F�ibits 5 8 6 for Amendment 08-07.pdf To: Sponsors of projects' in Regional TIP Amendment 08-07 Regional TIP Amendment 08-07�has been approved by the Federal Govemment and is now part of the State TIP. The foliowing attachments are intended to serve as documentation that your project was included in this approved amendment. Attachments: A 2008-07 Transmittal Letter B- FHWA FTA Approval Letter 08-07 C- Projects Amended in 08-07 D- Exhibits 5& 6 of Amendment 08-07 Please let me know if you have any problems opening these files or require a paper copy of these documents. For your convenience, this amendment can be viewed on the Regional Council's Web site at htto://www.�src.org(projects/tin/currentti�/amendments/amendments.htm. The updated Regional TIP, which includes all changes in the amendment, can be viewed at htto: //www.nsrc.org(projects/ti�lcurrenttip/index. htm. If you have any questions regarding this information, please contact Larry Burris at (206) 464- 5301 or Iburris@psrc.org. Tracy Murray Administrative Assistant Puget Sound Regional Council (206) 971-3277 tmurraY�Rsrc.om City of Federal Way Page 18 of 30 Pacific Highway South HOV Lanes Phase IV Washington State Department of Transportation 2009-2011 Regionai Mobility Grants u: s �€r�'� ca� �►�'r�� ��t. �Y ��5. i '�f���� i t��� 9eae: sy�� A�8,� H�' �2�Y.idT1�i�4 Ms. Pa�n,C H�d S�ses�ry of T�apae�i+a� a#'T Olympi� 1�t� :�ttentiou= S�e�enie Ta2t �8-13 �'T#PP�E� Dem' Ms I�t�aos�: The :F�eaal l�gf�ssay A�luri�non {�HWA}:$ntl ��ersl T�sit �oa (FiA) rac�v�ct�e �ugust 4rh lett� �rmn Ms. Srep�a�ur 7`aac rcqpesting �}xvva�-oi �3�11 S'i�iA �+DB�tiT. �xi wi� �3 CFIt 85�.�, tlea �4i�tiA aud t6e f'7'A. b�sd c�t ���tioa ofti�e stac�3de msd�atrop�Iita�r ��'f�rand �s� �[e of W�ng�on, h�ebY ti�e pi�o.jeccs sle�ctila�d �'2�OB-2�11 S�[�' �&-t�� �are ��n �8 ptocaess stab�dll� m�S 13�e reqt� ef 23 CFR Part 4$t} �I: A, B�d C, 49 (.*5.�. S�cciogs 33{33-563{. �d �3 U..'�.C. Sec� 134 anti I3�, Fur�ear, ure f�nd d�t �c 7'!� of P`'s�, C1�Y�C3t's, �t� 1'�P'C. aud 1'�VTG �e ia co�onm�e� witA ti�r n� f� r�g ihe seuett�y atid �nmt�r nf l�aTio�ai �a�t A� Qua{'d� 5� (1'�tAAQS?vio�tions and inswi�g ex�¢itiw� �nt ofilac �1�ld�e�,1� th� by �+ts. Tex is �or�ett. .App,a.�l at ��Tll' end ra�y r�ec,dma�s t�ere[o eae ne� to be a�'ede�-aad �igibi�ty F.�h payqjc�t sn�st �isfv tlr� zcquixe�ccans v�'�c p�a F�cr�1 sne sa}ac�, �s wall as W�cr Fcd�i tre�uir�tments, bc2a�c I^ec1e� �ids m�;a�uriaed- City of Federal Way Page 19 of 30 Pacific Highway South HOV Lanes Phase IV Washington State 2009-2011 Regional Mobility Grants Department of Transportation Ifyoul�avcsmy�c���a�,��s�iA '�e'vo�et n� oE�ra 3��33-s4� 8�� N�a ce��oy-�'F�',� ar �s-z�-a3��: �-�r Ltaeiel b� P„E.: D�i'vi�oa �ederal �y :F�i rr� A p. f WL 1Y VO'1/7Y LMJ� +]i9�l�V vq�° l: J�r r i �..(!1� +i�310), P�E� (t.ect} $utris'1, �'3II�3'�'� W�(3T-t7ly�rtpie Rsgia�,. W�DV'F 5�V �;snd �YSDE)T-N�rC�al Region City of Federal Way Page 20 of 30 Pacfic Highway South HOV Lanes Phase IV o T �v C C 0 N N N �0 S N <D C �C (Q (D te� O y C Action: Amendment County: Kin� List of 08-07 Amendment Projects: Approved 8l08/08 Jurisdiction: Federal Way ProJect Number: FW-11 Tltl�: Paeffic Highway South HOV Lanee Phass N(Dash PoU�t Road to South 312th Stresq Phese Propnmmed Year O ipetlon �ets Fundinp Soures Fsden� Funds Stets/Loal Funds tlisr Fu�ds Phwe ToW Row aoos e�tnaos srPc� s�,�ae,sos s+e�,ns s4��,o�e s�,�s�,soo ROW 2009 8/1/2008 STP(tn 31,600,000 5234,104 50 57,734,104 Conctnidbn 2008 12/1/2009 STP(U) 53,600,000 5474,500 54,140,307 58,N4,807 Constructton 2009 1Y/7/2008 Lacal SO SO 17,386,199 57.985,193 WSDOT PIN: Fedenl Aid Number: Tobls, Se,199,909 3885,77a =tt,e3e,s19 518,03t,60a Funetional Claas: Not appUeable (transit, enhancements, Etc.) improvemsnt Typs: Major Widening HOV Locadon: Paciftc Highwey South From: Daeh Point Road To: South 372th Street MTP Status; Cendidate MTP Reference�s): 1200 DeacHpUon: Reqiondly SlgnifkanG Yes Envfronmsatal8taUu: Documented CE This proJect will rewnstruct portlone and widen Pacitic Hlphway SouM (SR-99) betvv�e� Da�h Point Roed and Soulh 312th Street, to provido HOV lanea eeCh direction, undergrounding the overhead utilitiea, curb and gutter, medfans, end eldewalka, rehlning walis, modifyiny ihs exitting ireific signal systema, channelizetion, Mlumination systam, axess control management and drainape syatem hnprovementt. 8/8�2008 A 6 v� �y fD rt N O 0 N O O N O �.a N O� 0 Q' N �I/ DePa�rtn�ent�7ransportatton 2009-2011 Regionai Mobility Grants Attachment G: Project Schedule i1 �u i� t �i "t �e F �at '"La fi 1'.*^. �f 7' a` ^f ,�.r x f 3 c Y a^ i d �»r .3 c �'g'- �e a=, :w r -s�� �i a�e' s' ✓'tw�^..,d„ �f r ,w: w-t 4• -sz'�F�. �°'`�i -k��"`, t f ,v�� 7 s 3 f s i .�i a a 1 a x �e +Ix a� s� n X s a �`i F3x� ti. ;�.�'�,�f��.t �`s''� �e;�k �C.r-rr�T Y y,� �t f'�°'.'�r �r"h p E:4'� ����k�i'� +��w�:t� i. tt �.k� .u�.p,� n .5, ,n r g A z. y y �a� 1 a; v f �t �"..F -z�A 1, s:wSa s.�i" "�i�' ��v���- 'v���+ex��xt�����a�:;4 kg �S��sF ...s.s� ,.��..�ES:i��`.�i�::3 ��.'fi�r et�o'� Y'{�� '���.J�`� �N .�a'F 5�.,<.r..�S 7 .�dFx� r� �:.k�.sc�� i i 1 1 11: 11' 1. .1'. 11' 11' 11' 11' 1 11: 1 11: 11• •1'� 11• 11• 11• 1 1 1 1 1 1 1 City of Federal Way Page 22 of 30 Pacific Highway South HOV Lanes Phase IV Washington State Department of Transportation 9. PERFORMANCE MEASUREMENT Regional Mobility Grants A. Upon project completion, maintain a LOS E or better with a volume%apacity ration less thaFl 1.0 and a delay of less than 80 seconds per vehicle at project intersections. See Tables 1 and 2. B. On a yearly basis, staff will obtain the travel times for buses and count the SOV/HOV vehicle usage. A yearly report will include the SOV/HOV usage, bus travel times, LOS and person delay, along with staff recommendations and/or implementation plan. See Tables 3, 4 and 5. C. Project comptetion is arrticipated for October 2010. City of Federal Way Page 23 of 30 Pacific Highway South HOV Lanes Phase IV Washin9ton State �Dep�rlment of nansportatbn 2Q09-2011 #�egional Mobility Granfs Atfachmen# I: Application Signature I certify, to=the �est of my knowledge, that the iriformation in this application is true aud accura�Ce and that this organization has the necessary fiscal, �data ooYlection and ma�nagerial capabiIity: to implement. and mana.ge the projects associated with this application. Applicant Agency: .Ciky of Federal Way PLnje.ct Title�Pacifi�Higli�a_y_S�ou�h�i�LV_�.an�s P1�ase N(South 312�' Street to Dash Point Road) Name and Titl�e of Signatory: Cary M. Roe, P.E. t�ssistant City Manager Chief Operations Officer. Emergency M�►ager r� Authorized Si�re z ���n� Date 1VOTE: .Your application must be signed b�r someone authorized to sign contracts on behalf of your organization, such�as the Board Chairperson or� Chief Executive O�cer. City of Federai �1fay Page 24 of 30 Pacific Highway South HOV Lanes Phase iV Washington State 2009-2011 Regional Mobility: Grants Department of Transportation 11. MPO/RTPO Verification PuQert Sound Reaional Council The TIP project number is FW-11. The MTP reference number is 1200. From: Kelly McGourty [KMcGourtyC�psrc.org] Sent: Thursday, December 11, 2008 1:38 PM Cc: Marwan Salloum Subject: RE: Request for Concurrence, Pacific Awy So HOV Lanes_Phase IV (STPUL)1013(004) Brian 2've reviewed the Pacific Highway South HOV Lanes Phase IV project and have found it to be consistent with the long metropolitan transportation plan, Destination 2030, as well as the Regional TIP. Kelly McGourty Principal Planner Puget Sound Regional Council 1011 Western Ave., Suite 50Q Seattle,. WA 98104 ph (2061971-3601 fax (206)587-4825 To view the Phase IV project on PSRC's 2007 through 201Q Regional TIP, click on the.following URL. hrip://psrc.org/projectsftip/tipGMap/k�co/index.htm The Phase IV project is included in the City's Comprehensive Plan. The following pages indude Table Ilf-7 from chapter 3(Figure 3) the transportation planning chapter of the Comprehensive plan. Comprehensive Plan maps 111-6 and III-26 (Figures 4 and 5) demonstrate that the Phase IV project is part of the City's goal to provide HOV lanes along the length of Pac�c Highway South in Federal Way. And finally, Phase IV is listed in the 2009-2014 City TIP, which was adopted by the Federal Way City Council on August 5, 2008 (Figure 6). City of Federal Way Page 25 of 30 Pacific Highway South HOV Lanes Phase IV Wastiington State Department of Transportation FACUxr�t Ftobt 1 Military Rd S' S 272i Figur� 3 Table lll-T r Strat and Rbsdwa Iin 1'0 �ssc�r�oN oy s zea� w�a� ro s� i� Regionaf Mobility Grar�ts n wuauuauon, ia�wacaP�& P�P�Y �9�on ('mcl. S 304 to 28 3 Wida� to 5ve lanes -prcrvisione for bieycks, sidewalks, 3 S 356 1" S SR 161 mgnaf modification� �I�mdaetlon, Lad4capin8. pmp�ty oiai �ordioad� wlth 'mat atonn deoentlan. 4 3 312 28'�' S S' Canetruct mer croning of I-5. cwmtruct new Loa r�dwsY. provisio� tor 6�Ycka. sidewaiks, iltumimtion, o 'uttoa 5' 3 312 MiHtnry Rd S 51" S Con�cuct new (5) lane roadway. proviain� for bacycies� si �;n�;on, ..dao. 6 SR 99 S 272 Davh R Rd Consuua Armrial HOV 1ane,+. both dimctlame. _'3 7 SR 99 Dash Pt Rd S 312�' Co� Atteii�l HOV hnes, bot6 �rxti�e. 8 SA 99 S 312'� S 324 Construct Maial HUV lanes, botl� �rectioae. 9 SR 99 S 324'" S 340'� Conatru�x Ac6nrhl HOV lanee. bnth 10 Dash Pt Rd S$ 99 1' S VVidai m� lanea. 11 S 316� 51" S W Valkr Hwy Ext�sion, 12 b5 SR 18 SR.161 aD C O��d��� I-5 to aa�lead t1wS&-18' toSR-16L 13 SR-161 SR IS Mllitary 60�+. s�k, and 14 SW 340 St� 26 PI SW Hoyt Rd SW Wi a°b• B��'. �kwalk, a� 15 S 320 St 3R 99 Ave S Coeetruct a�terisl HOV la�s. l6 .5R 94 3 340'" 5 356'� Co��stroa areuia! HOV leoea. l7 S 348'� SR 99 1" Ave S Comtruct �terial HOV iaoes. The City's plan has been devela�ped in aw�eness of theae policies a�d supporting Pro��• Cicy's pinn is in complia�xx with the WSDOT's diraxion and visian. The traa4pa�tation Plan for Federal Way relies on the.SWte in the foIIowing action areas: HOV system completia� I-5 aad other freewayrs. Implementation of the State System Plan. This plan iden 'ttf'ies, in priority oxier, the �ed for maintenance, p�reservation� sa�ty. economic uritiativeu, environmental rehofit, and mobility (caPacity) impmvemems. The latter may not be fully fwidod and may t6erefore affec6 the implementation of the following WSDOT proje�ts; I 11,98 r i City of Fed'eral Way Page 26 of 3U Pactfic Highway South HOV Lanes Phase N Washington State Department of Transportation Figure 4 G O 3� a Regional Mobility Grants o ����n$ w O U O W M. U' Z 'a Y J 2 2 O d O C Y/ f P� 1�� A� N m s d 3 0� a i 8 City of Federal Way rage �i or ov Paafic Highway South HOV Lanes Phase IV Washington State Department of Transpo�tation a U c aa L C N 1� Regional Mobility Grarrts Figure 5 r.,� 3 E 4'�. «r �x g L t g 5 9 w �o S� Z 8 ��Si�� ��g�� o City of Federal Way Page 28 of 30 Pacific Highway South HOV Lanes Phase IV N n T �G 2 O �i N C 9� N N m w O O 7 7 .�l w 0 N O Q N O .Z1 O� 7 N O O' 3 N FINAL TRANSPORTATION IMPROVEMENT PLAN (TIP) 2009 TO 2014 Washington State Department of Transportation Department of Transportation Metro Tnmit 6erriu Developnewt 20t South Jackson Sttat 2009-2014 Regional Mobility Grants WA 98104-3836 December 18, 2008 Stan Suchan WSDOT Public Transportation Division Program Manager Regional Mobility Grant Program 401 Second Avenue South, Suite 400 �fE�e,._ _A:9�t?�.. L`�►r; The King County Department of Transportation wishes to express its support for the City of Federal Way's request for funding from the 2008 Regional Mobility Grant Program (RMGP) far improvements to Pacific Highway South frorn South 312th to Dash Point Road. As part of the successfui Transit Now ballot measure King County Metro Transit will be implementing RapidRide, a bus rapid tcansit ittvestment on this corridor in June of 2010_ In preparation for implementation of the RapidRide service, King County and the cities along the Pacific Highway South have been working together for many years to jointly make investments to improve the corridor for transit operations. The imprQVements planned for this project include Nig1� Occupancy Vehicle (IiO� lanes, upgraded bus stops, and transit signal priority. These i improvements wiil enhance the spced and reliability of transit and make it a more viable alternative far employees, residents, and visitors to the City of Federal Way, The City of Federal Way has played a lead role in facilitating the redevelopmern of the Highway 99 South corridor and has been an active partuer in assisting ICing County with its plans to implement RapidRide in this corridor. T6ank you for your consideration. Sit�',erely, Victor Obeso Managez, Service Development IVletto Transit Division cc: Cary Rce, Public Works D'uector, City of Federal Way Peter Heffeman, Graacs Adxninistrator, Office of Regional Transportati an Planniag, Departrnent of Transportation 12. Transit Agency Verification City of Federal Way �acific Highway South HOV Lanes Phase IV Page 30 of 30 City of Federal Way Pacific Highway South HOV Lanes Phase IV (South 312` Street to Dash Point Road) Attachment D: Effectiveness Measures The City of Federal Way was provided comments to their effectiveness measures calculations on 12/22. They responded to these comments on 12/23. Upon reviewing these responses and further reviewing the effectiveness measures, WSDOT found the calculations to be assuming the existing HOV use within the corridor as new benefits from this project. The effectiveness measures to be calculated for this program may only include the new reductions of vehicle miles and vehicle miles traveled. Therefore, WSDOT has made additional assumptions and recalculated the benefits of the project to only determine new reductions of vehicle trips and vehicle miles traveled. T'he WSDOT calculations are attached. Copies of the emails provided by WSDOT and the City of Federai Way are also attached. Section 9: Performance Measurement The City of Federal Way's ernail response to WSDOT comments addresses the need for transit ridership and average vehicle occupancy data collection. See point 4 of attached City of Federal Way email. This fulfills the requirement for performance measurement. 2009-2011 Regionai Mobility Grants washington state c�epa,rtn,,,�,c o� �r,�a�,�tatia, Attachment D: Effectiveness Measures Submit only this page of attachment D. For assistance contact Janice Hamil at 206-464-1284 or hamiljk@wsdot.wa.gov. Annual Vehicle Trip Reduction 365,430 In Year 1 879,060 In Year 4 3,654,300 In Year 1 8,790,600 In Year 4 Show your work. Explain any assumptions used to calculate the annual reductions in vehicle trips and vehicle miles traveled. (Include justification for ridership or utilization assumptions; site examples and documentation.) The City of Federal Way assumed transit ridership in year 1 would increase from 8,000 riders per day to 9,000 riders per day. This results in a 12.5% increase in transit ridership for year 1. (9,000-8,000)/8,000=12.5% By year 4 transit ridersh ip is expected to increase to 10,400. Therefore ((1+Y)"3)'9,000=10,400, where Y is the annual growth rate over the 3 year period from year 1 to year 4. The resulting growth rate is approximately 5%. Modeled HOV volumes provided by the City of Federal Way indicate an initial HOV use of 3,244 high occupancy vehicles per day. Assuming the HOV (non-bus rider) growth mirrors that of the transit ridership, we can assume year 1 has a 12.5% increase over the basel ine and the subsequent 3 year period has an annual growth rate of 5%. HOV (non-bus rider) VT reduction Year 1: 3,244" 12.5%=405.5 trips/day 405.5 trips/day *260 days/year-105,430 trips/year Year 4: ((3,244+405.5)*(1+.05) trips/day 981 trips/day*260days/year-255,060 trips/year Transit VT reduction Year 1: 1,000 trips/day 260 days/year 260,000 trips/year Year 4: 2,400 trips/day 260 days/year 624,000 trips/y ear Total VT reduction Year 1: 105,430 trips/year 260,000 trips/year 365,430 trips/year Year 4: 255,060 trips/year 624,000 trips/year 879,060 trips/year VMT reduction Year 1: 365,430 trips/year' 10 miles 3,654,300 miles/year Year 4: 879,060 trips/year 10 miles 8,790,600 miles/year Annual Vehicle Miles Traveled Reduction WSDOT Calculations for City of Federal Way Attachment D Page 1 of 1 Pacific Highway South HOV Lanes Phase IV (S 312�' ST to Dash Point Rd) Page 1 of 3 Hamil, Janice From: Rick Perez [Rick.Perez@cityoffederalway.com] Sent: Tuesday, December 23, 2008 12:03 PM To: Hamil, Janice; Suchan, Stan; RMG Cc: Marwan Salloum; Brian Roberts Subject: RE: Potential errors and omissions in Regional Mobility Grant proposal Pacific Highway S HOV Lanes Phase IV Janice, Stan, et al: I prepared the tra�c analysis. Due ta vacations and our response to snow and ice conditions, we are not able to resubmit an entire package. I received your e-mail at 4:13 last evening, and can provide you this response and rationale for our calculations. Hopefully, given the conditions and our short sta�ng, you can accept this as a response to the issues raised. My response to your comments is as follows: 1. The build and no-build conditions are based on year of opening and 2015, corresponding to the 1 year and 4year timelines requested. The no-build is based on the latest turning movement volumes, factored by a 2% annual growth rate from the year the counts were last taken at any given intersection. The build volumes are from our EMME/2 travel demand model. 2. The transit volumes are based on current trips per day and ridership estimated by King County Metro staff. Routes 173 and 175 operate on weekdays only, but headways on Routes 174 and 901 remain the same. I do not have transit ridership numbers on weekends. Given that the vast majority of the transit ridership and transit-related VMT reductions occur as a result of the BRT operations on Route 174, we felt that the estimates used are reasonable. 3. We used 365.25 days per year instead of 260 due to weekend volumes remaining very similar on the SR 99 corridor in Federal Way. The morning peak is lower on weekends, but the midday peak is usually higher than weekday evening peak hours, and evening peak hours are similar. Although we have not modeled or counted weekend HOV volumes, it is our observation on the completed HOV lane segments that HOV lane usage is higher on weekends than weekdays, due to higher AVO's. Therefore, we felt that using alt days of the week was a reasonable assumption. 4. We can monitor for transit ridership and AVO's. 5. This project completes a missing gap in the arterial HOV lanes on SR 99. All other segments in South King County have been constructed, and LOS deficiencies addressed as much as feasible. This phase of the SR 99 corridor is the last to be constructed because of the relatively adequate LOS on this segment. The value to this project is to provide HOV lane continuity between SeaTac to Federal Way which, based on our modeling, results in a large shift in HOV usage on the entire corridor, such that the HOV volumes approach that of the general purpose lanes on a per-lane basis. The project is also important to provide continuity for bus rapid transit operations on the corridor, which will commence in 2010. Although I am on vacation, I can res�nd to any other questions you may have by e-mail or cell at 253-261-3784. Rick Perez, P.E. City Traffic Engineer City of Federal Way From: Marwan Salloum Sent: Monday, December 22, 2008 12:06 PM To: Rick Perez Subject: FW: Potential errors and omissions in Regional Mobility Grant proposal Pacific Highway S HOV Lanes Phase N Rick: Can you please answer Janice question. Thank you 12/23/2008 Page 2 of 3 Public Works Directar/ Street Systems Manager City of Federa! Way 33325 8th Avenue South PO Box 9718 Federaf Way, WA 98063-9718 (253) 835-272d {253) 835-2709(Fax) marwan.salfoum@cityoffederalway.com From: Hamil, ]anice [maiito:HamiUK@wsdot.wa.gov] Sent: Monday, December 22, 2008 10:08 AM To: Marwan Sailoum Cc: Suchan, Stan; RMG; Brian Roberts Subject: FW: Potential errors and omissions in Regional Mobiliry Grant proposal Pacific Highway S HOV Lanes Phase IV I received an oui of office reply from Brian Roberts, so I am forwarding this to you. Thanks, Janice From: Hamil, Janice Sent: Monday, December 22, 2008 10:04 AM To: 'brian.roberts@cityoffederalway.com' Cc: Suchan, Stan; RMG Subject: Potential errors and omissions in Regional Mobility Grant proposal Pacific Highway S HOV Lanes Phase IV 2009-2011 Regional Mobility Grant proposal City of Federal Way Pacific Highway South HOV Lanes Phase IV (South 312th Street to Dash Point Road) We are conducting initial reviews of Regional Mobility Grant proposals. You submitted your proposal well before the newly extended Monday, December 22 4pm deadline and, as a result, we are able to share our initial findings while you stilf have time to update your proposal. In our initial review we found the following omissions and errors: Attachment D: Effectiveness Measures section: There is no specific mention of the period the build vs no build volumes cover, was the modeling done for the year of opening or some far off date of 2025? Is th is really the average daily number for every day of the week or for weekdays only. Focusing in on the journey to work reference would imply that this is more of a weekday number. However in the annualized estimafions you multiply by 365.25 to account for everyday of the year rather than 260 to just account for the weekdays. The calculations for most grant projects focus on the weekdays and use 260 to convert daily to yearly. If there is benefit during the weekend days, it is usually reduced and calculated separately. This should be adjusted for clarity of the time periods and reflect a more reasonable calculation of annualized benefits. >Pertormance Measures section: Plan focuses on the LOS and v/c ratio and mentions transit travel times and SOV/HOV usage. There is no specific mention of transit ridership or vehicle occupancy. There is no tie in with the vehicle trip or vehicle miles traveled reduction estimates provided. This plan would not meet the expectations of this grant for performance reporting. These omissions and errors may negatively affect your score and ranking or, worse, make your proposal ineligible and eliminate your project from consideration. If you wish to update your proposal, please submit an updated version before Monday, December 22 at 4 p.m. If you update your proposal, you must submit the entire document with the revisions incorporated. Do not submit individual pages or parts. Given the large number of proposals we are processing and limited resources we can not incorporate individual pages into previously submitted proposals. Your electronic submission must be a pdf and can be delivered via e-mail, pdf, U.S. Mail or express mail or in person. Eligibility requirements, scoring criteria and delivery details are listed in the application guide at www.wsdot.wa.gov(TDM/Mobility/regmob grant program.htm. If you have any questions please contact me at 206-464- 1284 or 206-406-8940 (cell) or hamil�j�wsdat,wa.qov. You may also contact Stan Suchan at 206-464-1192 or suchansCa�wsdot.wa.gov. 12/23/2008 Page 3 of 3 Thanks, Janice K. Hamil System Efficiency Engineer WSDOT Public Transportation Division 206-464-1284 12/23/2008 Brian Roberts From: NNeves@GrahamDunn.com Sent: Friday, August 28, 2009 9:55 AM To: Brian Roberts Cc: MLindell@GrahamDunn.com; LSmith@GrahamDunn.com; SBarlow@GrahamDunn.com Subject: (Federal Way/ Sayre No 14; Golden Prop No 8; Meridian No. 19) E regarding confirmation of legal description and authorization to file cases Brian -1 see an e-mail from you dated August 24, 2009 confirming that the legals for the Federal Way/Holz matter (No 17) are correct and authorizing us to file that ease. However, I do not see a similar e-mail for the other three cases Sayre (No. 14), Golden Properties (No. 8) and Meridian (No. 19) even though we received signed declarations for all these three cases. Can you confirm that you reviewed the legals for Sayre, Golden Properties and Meridian and that they are accurate? It is my understanding that you will be out of the office in the next couple of weeks. If I do not hear from you this moming I will give you a call to follow up on this e-mail before you.leave. Thanks, Nara. Nara M. Neves Paralegal Graham Dunn PC 2801 Alaskan Way Pier 70 Suite 300 Seaitle. WA 98121-1128 206.340.8646 Phone 206.340.9599fax nnevesCa)arahamd un n.com www.qrahamdunn.com CONFIDENTIALITY NOTICE This email message may be protected by the attorney/client privilege, work product doctrine or other confidentiality protection. If you believe that it has been sent to you in error, do not read it. Please reply to the sender that you have received the message in error, and then delete it. Thank you. Brian Roberts From: Brian Roberts Sent: Friday, August 28, 2009 10:20 AM To: 'NNeves@GrahamDunn.com' Cc: MLindell@GrahamDunn.com; LSmith@GrahamDunn.com; SBarlow@GrahamDunn.com Subject: RE: (Federal Way/ Sayre No 14; Golden Prop No 8; Meridian No. 19) E regarding confirmation of �egal description and authorization to file cases Nara, The exhibits for Sayre (No. 14), Golden Properties (No. 8) and Meridian (No. 19) are all accurate. Please proceed with filing for these three parcels. thanks, -Brian Brian H. Roberts, P.E. Street Systems Project Engineer City of Federal Way 33325 8th Avenue South PO Box 97i8 Federal Way, WA 98063-9718 (253)835-2723 (Z53) 835-27Q9 {Fax) brian. roberts@cityoffederalway.com From: NNeves@GrahamDunn.com [mailto:NNeves@GrahamDunn.com] Sent: Friday, August 28, 2009 9:55 AM To: Brian Roberts Cc: MLindelt@GrahamDunn.com; LSmith@GrahamDunn.com; SBarlow@GrahamDunn.com Subject: (Federal Way/ Sayre No 14; Golden Prop No 8; Meridian No. 19) E regarding confirmation of legal description and authorization to file cases Brian I see an e-mail from you dated August 24, 2009 confirming that the legals for the Federal Way/Holz matter (No 17) are correct and authorizing us to file that case. However, t do not see a similar e-mail for the other three cases Sayre (No. 14), Golden Properties (No. 8) and Meridian (No. 19} even though we received signed declarations for all these three cases. Can you confirm that you reviewed the legals for Sayre, Golden Properties and Meridian and that they are accurate? It is my understanding that you will be out of the office in the next couple of weeks. If I do not hear from you this morning I will give you a call to follow up on this e-mail before you leave. Thanks, Nara. Nara M. Neves Paralegal Graham Dunn PC 280i Alaskan Way Pier 7� Suite 300 Seattle, WA 98121-1128 206.34n.9646 Phnne 20B.34�J.9599 fax nnevesCv�arahamdu nn.com www.4rahamdunn.com CONFIDENTIALITY NOTICE This email message may be protected by the attorney/client privilege, work product doctrine or other confidentiality protection. If you believe that it has been sent to you in error, do not read it. Please reply to the sender that you have received the message in error, and then delete it. Thank you. 2