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LUTC PKT 12-03-2018Committee Members City Staff Mark Koppang, Chair EJ Walsh, P.E., Public Works Director Jesse E. Johnson, Member Mercedes Tenuta, Administrative Assistant II Hoang V. Tran, Member (253) 835-2701 City of Federal Way City Council Land Use & Transportation Committee December 3, 2018 City Hall 5:00 p.m. Council Chambers MEETING AGENDA 1.CALL TO ORDER 2.PUBLIC COMMENT 3.COMMITTEE BUSINESS Topic Title/Description Presenter Page Action or Info Council Date Time A.Approval of Minutes: November 5, 2018 Tenuta 3 Action N/A 5 min B.South 356th (Pacific Highway South to Enchanted Parkway South) Improvement Project – Project Acceptance Chandra 9 Action January 2, 2019 Consent 5 min C.Sound Transit TDLE Project Administration Agreement Doucette 11 Action January 2, 2019 Consent 10 min D.Authorization to Lease SWM Property for Temporary Parking Thurlow 39 Action January 2, 2019 Consent 5 min E.RESOLUTION: Authorization to Accept Grant Funding for Transportation Improvement Projects Winkler 45 Action January 2, 2019 Consent 5 min F.Report on Progress on Aircraft Issues Weidenfeld 53 Info N/A 10 min 4.OTHER 5.FUTURE MEETINGS/AGENDA ITEMS: The next LUTC meeting will be Monday, January 7, 2019 at 5:00 p.m. in City Hall Council Chambers. 6.ADJOURNMENT This page left blank intentionally. 2 Committee Members City Staff Mark Koppang, Chair EJ Walsh, P.E., Public Works Director Hoang V. Tran, Member Mercedes Tenuta, Administrative Assistant II Jesse E. Johnson, Member (253) 835-2701 City of Federal Way City Council Land Use & Transportation Committee November 5, 2018 City Hall 5:00 p.m. Council Chambers MEETING SUMMARY Committee Members in Attendance: Committee Chair Mark Koppang, Committee member Jesse Johnson, and Committee member Hoang Tran. Councilmembers in attendance: Councilmember Lydia Assefa-Dawson. Staff in Attendance: Public Works Director EJ Walsh, Deputy Public Works Director/Street Systems Manager Desireé Winkler, Deputy City Attorney Mark Orthmann, Community Development Director Brian Davis, Assistant City Attorney Eric Rhoades, Senior Policy Advisor Yarden Weidenfeld, Economic Development Director Tim Johnson, Surface Water Manager Theresa Thurlow, City Traffic Engineer Rick Perez, Solid Waste & Recycling Coordinator Rob Van Orsow, Senior Traffic Engineer Erik Preston, Street Systems Project Engineer Christine Mullen, Street Systems Engineer Jeff Huynh, and Administrative Assistant II Mercedes Tenuta. 1.CALL TO ORDER: Chair Koppang called the meeting to order at 5:02 p.m. 2.PUBLIC COMMENT: Judy Zurilgen expressed concerns regarding new developments with neighborhood roads being built in critical areas. She spoke in opposition of item “F” (ORDINANCE: Complete Streets Policy Revisions) as written. Ashley Comier expressed her thanks to the Council for responding to her e-mails requesting to meet to discuss problems with substandard housing and maintenance issues, including mistreatment by property management companies. Mark Spaur expressed concerns pertaining to item “F” (ORDINANCE: Complete Streets Policy Revisions) and how it relates to the Phase I Municipal Stormwater Permit. He spoke in opposition of the ordinance as written. Dana Hollaway expressed concerns regarding item “B” (ORDINANCE: Abandoned Shopping Carts), questioning if the impound/disposal fees would cover the City’s cost. Ms. Hollaway also spoke about item “K” (2019 Right-of-Way Landscape Maintenance), requesting that memorandum be revised to include the “Riding Lawn Mower” hourly wage. Bernedine Lund expressed concerns about the Weyerhaeuser property, what is being planned for the property, and asked how she could obtain a copy of the environmental impact statement issued. Suzanne Vargo spoke in opposition of item “F” (ORDINANCE: Complete Streets Policy Revisions) and expressed concerns with the presentation given at the October 24, 2018 Planning Commission meeting. She is requesting the ordinance be corrected to reflect the correct action taken by the Planning Commission. 3.COMMITTEE BUSINESS: Chair Koppang moved to amend the agenda to add Report on Progress on Aircraft Issues as item *“L”. •Moved: Koppang •Second: Johnson •Passed: 3-0 unanimously 3 DRAFT Committee Members City Staff Mark Koppang, Chair EJ Walsh, P.E., Public Works Director Hoang V. Tran, Member Mercedes Tenuta, Administrative Assistant II Jesse E. Johnson, Member (253) 835-2701 Topic Title/Description A.Approval of Minutes: October 1, 2018 Committee approved the October 1, 2018 LUTC minutes as written. •Moved: Johnson •Seconded: Tran •Passed: 3-0 unanimously B.ORDINANCE: Abandoned Shopping Carts Community Development Director, Brian Davis, explained that the previous system to clean up abandoned shopping carts was a volunteer program that would return the carts to the retailer. The volunteers have retired and the City has not been successful in finding replacements to continue the program. Mr. Davis outlined a new recovery strategy for abandoned shopping carts which would include the City gathering the shopping carts and taken to a recovery location. The City would contact the retailers and inform them that the City will hold the carts for 14 days. Retailers may pick up their abandoned carts for a $25 per cart fee. If the carts are not retrieved by the retailers, the City would take them to a salvage yard for disposal and an additional $25 per cart fee would be imposed. Mr. Davis and Councilmembers held a discussion about the potential for a provision for repeat offenders, meetings held with retailers, cost to establish and maintain the program, and the ability to change the fees in the future. Deputy City Attorney, Mark Orthmann, issued a point of order stating that the fees for the shopping cart recovery would ultimately be part of the City’s fee schedule. If the fee schedule is to be amended, there would be no need for a new ordinance. Committee forwarded the proposed Ordinance to First Reading on November 20, 2018. •Moved: Tran •Seconded: Johnson •Passed: 3-0 unanimously C.Steel Lake Park to Downtown Trail – Project Acceptance Street Systems Project Engineer, Christine Mullen, presented the project that provided an 8-foot sidewalk on the south side of S 312th Street from the entrance to Steel Lake Park to 24th Ave South including ADA ramps, a marked bicycle lane, a planter strip with street trees, and illumination. Prior to release of retainage on a Public Works construction project, the Council must accept the work as complete to meet State requirements. Ms. Mullen provided before and after pictures and outlined the final construction contract amount which came in under budget. Committee forwarded Option 1 (Authorize final acceptance of the Steel Lake Park to Downtown Trail project constructed by Ceccanti, Inc., in the amount of $713,434.14 as complete) to the November 20, 2018 Council Consent Agenda for approval. •Moved: Johnson •Seconded: Tran •Passed: 3-0 unanimously D.2018 Asphalt Overlay – Project Acceptance Street Systems Engineer, Jeff Huynh, stated that prior to release of retainage on a Public Works construction project Council must accept the work as complete to meet State requirements. Mr. Huynh provided a map of the overlaid areas and explained that this project came in below budget. 4 Committee Members City Staff Mark Koppang, Chair EJ Walsh, P.E., Public Works Director Hoang V. Tran, Member Mercedes Tenuta, Administrative Assistant II Jesse E. Johnson, Member (253) 835-2701 Committee forwarded Option 1 (Authorize final acceptance of the 2018 Asphalt Overlay Project constructed by Tucci and Sons, Inc., in the amount of $1,333,094.12 as complete) to the November 20, 2018 Council Consent Agenda for approval. •Moved: Tran •Seconded: Johnson •Passed: 3-0 unanimously E.Green Gables ’18 NTS – SW 325th Place (51st Place SW to Hoyt Road SW) Senior Traffic Engineer, Erik Preston, explained a petition was submitted on May 22, 2018 with concerns of excessive speeding and general safety. Data was collected and evaluated on SW 325th Place which met the minimum 3.0 severity criteria. A community meeting was held on June 21, 2018 with 19 attendees that had concerns about speeding and cutting across the intersection of 47th Ave SW and SW 325th Place. Ballots returned were in favor of 4 speed humps and 1 lane divider. Mr. Preston outlined budget considerations and stated if this project moves forward, it would be constructed in 2019 utilizing funds from the 2019 NTS budget. Committee forwarded Option 1 (Authorize the installation of four (4) speed humps on SW 325th Place and one (1) lane divider on 47th Avenue SW at the intersection with SW 325th Place) to the November 20, 2018 Council Consent Agenda for approval. •Moved: Tran •Seconded: Johnson •Passed: 3-0 unanimously F.ORDINANCE: Complete Streets Policy Revisions Senior Traffic Engineer, Erik Preston, explained that complete streets are designed and operated to enable safe access for all users of all ages and abilities such as pedestrians, cyclists, school and public transit users, motorists and passengers, emergency responders, and freight. Mr. Preston gave a brief background, outlined the existing policy and the proposed changes to the ordinance, identified the impacts, and explained the consistency with the comprehensive plan goals. Mr. Preston, Committee members, Public Works Director EJ Walsh, and Deputy City Attorney Mark Orthmann held a lengthy discussion clarifying the policy revisions and waivers. Mr. Orthmann stated that prior to the meeting, a revised version of the Ordinance was provided to Committee members and the Public. Minor corrections were made to the Ordinance to accurately reflect what occurred at the Planning Commission. There were 3 votes in favor and 1 vote against at the Planning Commission and it came forward to LUTC with no recommendation because there weren’t enough Commissioners to provide a recommendation. The vote from LUTC members would be on the revised version provided. Committee forwarded the proposed Ordinance to First Reading on November 20, 2018. •Moved: Tran •Seconded: Johnson •Passed: 3-0 unanimously G.Solid Waste Collection Services Procurement – Authorization for Proposals Solid Waste & Recycling Coordinator, Rob Van Orsow, explained the Request for Proposals (RFP) for Solid Waste Collection Services will be designed to solicit proposals from several different hauling companies. The proposers will provide costs to various services and obtain creative alternatives to reduce system costs. Mr. Van Orsow outlined the financial impacts, provided a summary of the process to date, and explained the industry review process. 5 Committee Members City Staff Mark Koppang, Chair EJ Walsh, P.E., Public Works Director Hoang V. Tran, Member Mercedes Tenuta, Administrative Assistant II Jesse E. Johnson, Member (253) 835-2701 Committee forwarded Option 1 (Authorize soliciting Proposals) to the November 20, 2018 Council Consent Agenda for approval. •Moved: Johnson •Seconded: Tran •Passed: 3-0 unanimously H.2019/2020 Surface Water Maintenance and Services – Bid Award Surface Water Manager, Theresa Thurlow, gave a brief background regarding the requirement for the City to conduct regular inspections and maintenance of public stormwater catch basins, inlets, and manholes. Ms. Thurlow stated that three (3) bids were received and opened on October 17, 2018 with the low bidder being Action Services Corporation. Ms. Thurlow and Committee member Tran held a brief discussion regarding the bid amounts, service levels, and quality of service requirements. Committee forwarded Option 1 (Authorize staff to award the 2019-/2020 Surface Water Maintenance and Services Contract to Action Service Corporation, the lowest responsive, responsible bidder, in the amount of $218,592.00) to the November 20, 2018 Council Consent Agenda for approval. •Moved: Tran •Seconded: Johnson •Passed: 3-0 unanimously I.Draft Americans with Disabilities Act (ADA) Transition Plan – Stage 1 Deputy Public Works Director/Street Systems Manager, Desireé Winkler, gave a brief background regarding the American with Disabilities Act (“ADA”) which was enacted on July 26, 1990 and provides comprehensive civil rights protections to persons with disabilities in areas of employment, state and local government services, and access to public accommodations, transportation, and telecommunications. Government agencies are required to have an ADA self-assessment and transition plan. Several transition plans are required with Stage 1 focusing on the public rights-of-way in City Center. Ms. Winkler outlined the self-evaluation criteria and identified the City’s pedestrian access route deficiency results. She also compared cost estimates and explained next steps including public outreach. Ms. Winkler and Councilmembers held a brief discussion regarding how this relates to school buildings, private developers being held to current standards, and what the timeline is to be in full compliance. Committee forwarded Option 1 (Authorize staff to take the Draft ADA Transition Plan – Stage 1 out for public outreach and review and return to Council to share public outreach results and to complete final plan adoption) to the November 20, 2018 Council Consent Agenda for approval. •Moved: Johnson •Seconded: Tran •Passed: 3-0 unanimously J.2019 Street Sweeping Services – Bid Award Deputy Public Works Director/Street Systems Manager, Desireé Winkler, provided a brief background about the on-going annual contract for sweeping over 250 centerline miles of roadway. Ms. Winkler stated that two bids were received and opened on October 25, 2018 with the lowest bidder being Action Services Corporation. Committee forwarded Option 1 (Award the 2019 Street Sweeping Services contract to Action Services Corporation, the lowest responsive, responsible bidder, in the amount of $112,855.00) to the November 20, 2018 Council Consent Agenda for approval. •Moved: Tran 6 Committee Members City Staff Mark Koppang, Chair EJ Walsh, P.E., Public Works Director Hoang V. Tran, Member Mercedes Tenuta, Administrative Assistant II Jesse E. Johnson, Member (253) 835-2701 •Seconded: Johnson •Passed: 3-0 unanimously K.2019 Right-of-Way Landscape Maintenance Deputy Public Works Director/Street Systems Manager, Desireé Winkler, gave a brief background regarding the City’s right-of-way landscape maintenance. In September 2018, the landscape laborer prevailing wage increased from $17.87 to $37.67 per hour. In October 2018 the annual landscape maintenance contract went out to bid and received no bids. Ms. Winkler explained the contractor’s reasons for not submitting bids and outlined the options being reviewed. L.*Add Item: Report on Progress on Aircraft Issues Senior Policy Advisor, Yarden Weidenfeld, stated that this report is the first of monthly reports that will be provided at each LUTC meeting. Concerns were raised from the August 2018 Sea-Tac Airport Stakeholder Advisory Round Table (“START”) meeting with regard to contentious public comment. Going forward, the meeting facilitator will limit the public comments to what is on the agenda as well as ensure the comments are made with respect. The attachments in the packet item are short and long summaries provided by the START facilitator of the February, April, June, and August 2018 START meetings. Mr. Weidenfeld provided an extensive summary of the October START meeting. 4.OTHER 5.FUTURE MEETINGS/AGENDA ITEMS: The next LUTC meeting will be held on December 3, 2018 at 5:00 p.m. in City Hall Council Chambers. 6.ADJOURNMENT: The meeting was adjourned at 7:27 p.m. Attest: Approved by Committee: Mercedes Tenuta, Administrative Assistant II Date 7 This page left blank intentionally. 8 COUNCIL MEETING DATE: January 2, 2019 ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: S. 356TH (PACIFIC HIGHWAY SOUTH TO ENCHANTED PARKWAY) IMPROVEMENT PROJECT- PROJECT ACCEPTANCE POLICY QUESTION: Should City Council accept the S. 3561h (Pacific Highway South to Enchanted Parkway) Improvement project as complete? COMMITTEE: Land Use & Transportation MEETING DATE: December 3, 2018 CATEGORY: 1:8] Consent D Ordinance D Public Hearing D City Council Business D Resolution D Other STAFF REPORT BY: Naveen Chandra , P.E ., Street Systems Proj. Engr. ~ ~----------------------DEPT: Public Works Attachments: Land Use & Transportation Committee Memorandum dated December 3, 2018 Options Considered: 1) Authorize final acceptance of the S. 356th (Pacific Highway South to Enchanted Parkway hnprovement project constructed by SCI Infrastructure, LLC in the amount of $3,540,311.85 as complete. 2) Do not authorize final acceptance of the completed S. 356th (Pacific Highway South to Enchanted Parkway Improvement project as complete, and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the January 2, 2019 City Council consent agenda for approval. 81: /~f-,,,-DIRECTOR APPROVAL: :r~ \ Ll1..711*' ou I Y/o lmual/Dnte ln ilial /Date COMMITTEE RECOMMENDATION: I move to forward Option I to the January 2, 2019 City Council consent agenda for approval. Mark Koppang, Committee Chair Jesse Johnson, Committee Member Hoang Tran, Committee Member PROPOSED COUNCIL MOTION: "I move approval of final acceptance of the S. 3561" (Pacific Highway to Enchanted Parkway) Improvement project constructed by SCI Infrastructure, LLC in the amount of $3,540,311.85 as complete." (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: 0 APPROVED 0 DENIED 0 TABLED/DEFERRED/NO ACTION 0 MOVED TO SECOND READING (ordinances only) REVISED -12/2017 9 COUNCIL BILL# First reading Enactment reading ORDINANCE# RESOLUTION# DATE: TO: VIA: FROM: SUBJECT: December 3, 2018 CITY OF FEDERAL WAY MEMORANDUM Land Use and Transportation Committee Jim Ferrell, Mayor _ /"" E . J. Walsh, P.E., Public Works Director ~ -'V Naveen Chandra, P .E., Street Systems Project Engineer ~ S. 356th (Pacific Highway South to Enchanted Parkway) Improvement Project-Project Acceptance FINANCIAL IMPACTS: This is the acceptance of construction as complete, and therefore no additional funds are proposed to be spent as part of this agenda item. BACKGROUND: This project resulted in the construction of a continuous 5-lane urban arterial with bike lanes between Pacific Highway South and Enchanted Parkway. The project also included utility undergrounding, storm drainage improvements, paving, curb and gutter, ADA ramps, sidewalk, street lighting, traffic signal modification, signing, channelization, and landscaping . Prior to release ofretainage on a Public Works construction project, the City Council must accept the work as complete to meet State Department of Revenue and State Department of Labor and Industries requirements. The S . 356th (Pacific Highway South to Enchanted Parkway) Improvement Project constructed by SCI Infrastructure, LLC is complete . The final construction contract amount is $3,540,311.85. This is $739,017.16 below the $4,279 ,329.01 (including contingency) budget that was approved by the City Council on February 21, 2017. cc: Project File 10 COUNCIL MEETING DATE: January 2, 2019 ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: SOUND TRANSIT TOLE PROJECT ADMINISTRATION AGREEMENT POLICY QUESTION: Should City Council authorize execution of an Inter-Local Agreement with Sound Transit to allow for reimbursement of incurred costs associated with the Tacoma Dome Link Extension Project? COMMITTEE: Land Use and Transportation Committee MEETING DATE: December 3, 2018 CATEGORY: IZ! Consent D Ordinance D Public Hearing D City Council Business D Resolution D Other _STAFF REPORT BY: Tony Doucette, P .E., Sound Transit Liaison 1t> DEPT: Public Works Attachments: Land Use and Transportation Committee Memorandum dated Decembe1~3, 2018. Options Considered: L. Approve the Inter-Local Agreement with Sound Transit to allow for reimbursement of incurred costs associated with the Tacoma Dome Link Extension project and authorize the Mayor to execute the agreement. 2. Not approve the Inter-Local A greement with Sound Transit and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding option 1 to the January 2, 2019 City Council consent agenda for approval. COMMITTEE RECOMMENDATION: I move to forward the proposed Agreement to the January 2, 2019 consent agenda for approval. Mark Koppang , Co mmittee Chair Jesse Johnson, Co mmittee Member Hoang Tran, Comm ittee Member PROPOSED COUNCIL MOTION: "I move to approve the Inter-Local Agreemen t with Sound Transit to allow for reimbursement of incurred costs associated with the Tacoma Dome Link Extension project and authorize the Mayor to execute the agreement. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: 0 APPROVED 0 DENIED 0 TABLED/DEFERRED/NO ACTION 0 MOVED TO SECOND READING (ordinances only) REVISED-12/2017 11 COUNCIL BILL# First reading Enactment reading ORDINANCE# RESOLUTION # DATE: TO: VIA: FROM: SUBJECT: - CITY OF FEDERAL WAY MEMORANDUM December 3, 2018 Land Use and Transportation Committee Jim Ferrell Mayor EJ Walsh, P.E. Director of Pu.blic Works -tA~ Tony Doucette, P.E. Sound Transit Liaiso ~ Sound Transit TDLE Project Administration Agreement FINANCIAL IMP ACTS: This project was not included within the approved budget; however the Project Administration Agreement provides the framework for the City to be reimbursed for staff time spent during the Tacoma Dome Link Extension (TOLE) project. .BACKGROUND: Sound Transit is in the alternatives development phase of the TOLE project and is working toward selecting an alternative to carry forward into the environmental review process. The environmental process will complete an Environmental Impact Statement (EIS) to be approved by both the Federal Transit Administration (FTA) and Federal Highway Administration (FHW A). Funding for construction of the project was approved by the voters via ballot measure Sound Transit 3 (ST3). The TOLE project will extend light rail mass transit from the Federal Way Transit Center at the terminus of the Federal Way Link Extension (FWLE) project south to Tacoma Dome by 2030 . The City has already entered into a Project Partnering Agreement with Sound Transit for the TOLE project that outlines processes and decision making, defines the project, describes the environmental review process and provides a path forward to partner as light rail is extended south through the City . In ad:vance of the environmental review process, preliminary design, permitting, final design, and construction, which will be completed by Sound Transit and associated consultants and contractors, interaction is required between the City and Sound Transit to: • Evaluate and select alternatives; • Prepare, review, and approve agreements; • Review and approve construction plans; and • Review and approve permits. The attached Inter-Local Agreement has been prepared to create a framework that defines responsibilities, procedures, and task orders that allows Sound Transit to reimburse the City for costs incurred associated with the above activities. The first Task Order (Task Order 1), attached for reference, provides funding for coordination, communication, and alternatives evaluation. The available funding will cover time incurred beginning in January 1, 2018 and continuing through June 30, 2018 . Subsequent Task Orders will be required for the environmental process, preliminary design, final design and permitting, inspection, and activities through the start ofrevenue service in 2030. 12 December 2, 2018 Land Use and Transportation Committee Sound Transit TOLE Project Administration Agreement Page2 The future Development Agreement, which will also require Council approval and outlines Sound Transit's responsibilities for construction, station, track and surrounding improvements, is not part ofthis Inter Local Agreement and will be a separate, stand alone, agreement. cc : Project File Day File 13 PROJECT ADMINISTRATION AGREEMENT BETWEEN THE CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY (SOUND TRANSIT) AND THE CITY OF FEDERAL WAY FOR THE TACOMA DOME LINK EXTENSION PROJECT GA 0167-18 This Project Administration Agreement is entered into between the City of Federal Way (City), a Washington municipal corporation, and Sound Transit, a regional transit authority of the State of Washington for the purposes set forth below. Sound Transit and the City are collectively referred to hereafter as "the Parties" or, individually, as a "Party." RECITALS A. The City is a non-charter municipal code city incorporated under the laws of the State of Washington, w ith authority to enact laws and enter into agreements to promote the health, safety, and welfare of its citizens and for other lawful purposes. B. Sound Transit is a regional transit authority created pursuant to Chapters 81.104 and 81.112 RCW with all powers necessary to implement a high capacity transit system within its boundaries in King, Pierce, and Snohomish Counties. C. The City is responsible for administering state and local transportation and land use laws and development regulations that will apply to Sound Transit projects located within the City's jurisdiction. The City is also responsible for managing streets and municipal utilities within its jurisdiction and for providing municipal services such as public safety . D. The Sound Transit Long Range Transit Plan identifies the Tacoma Dome Link Extension (TDLE) Project {Project) within the City's jurisdiction . E. The City and Sound Transit executed a Partnering Agreement for the Tacoma Dome Link Extension Project {GA 0091-18) on June 27, 2018 {Partnering Agreement), to document and confirm a mutual understanding of general terms and conditions to advance the implementation of the Project. F. This Agreement addresses the commitment in Section 10 of the Partnering Agreement for the Parties to work cooperatively to negotiate in good faith a funding agreement to provide reimbursement to the City for the costs of certain services and products related to the successful planning and implementation of the Project. G. The Partnering Agreement guided the development of this Agreement, and the applicable terms and conditions of the Partnering Agreement will also apply to this Agreement as described herein. GA 0167-18 Tacoma Dome Link Extension Project Administration Agreement Sound Transit and the City of Federa l Way Page 1 14 1. Purpose Sound Transit's TOLE Project includes facilities to be constructed within the City's jurisdiction. Interaction will be required between the City and Sound Transit to prepare, review and approve agreements between one another, and Sound Transit will prepare construction plans and secure property rights, permits, and approvals from the City and other entities for the construction and operation of Sound Transit's facilities and services . The intent of this Agreement is to establish (1) roles and responsibilities with regard to the TDLE Project, (2) terms and procedures for the City to review and approve the proposed use and permits, and (3) a task order process for Sound Transit to pay the City for the costs of providing design, permitting, and public right-of-way review and approval services that will be required to allow construction of Sound Transit facilities within the City. 2. Designated Representatives The City and Sound Transit have designated formal points of contact and coordination for this Agreement, outlined in Section 2.2 of the Partnering Agreement. 3. Cooperation and Good Faith Efforts 3.1 The Parties understand and agree that the act ivities described in this Agreement depend upon timely and open communication and cooperation between the Parties. In this regard, communication of issues, changes, or problems that arise with any aspect of the work should occur as early as possible in the process, and not wait for explicit due dates or deadlines. Each Party agrees to work cooperatively and in good faith toward resolution of any such issues. 3.2 The Parties acknowledge that this Agreement contemplates the execution and delivery of a number of future documents, instruments and permits, the final form and contents of which are not presently determined. The Parties agree to provide the necessary resources and to work in good faith to develop the final form and contents of such documents, instruments and permits, and to execute and deliver the same promptly. 4. Environmental Review Sound Transit is the lead agency for compliance with SEPA. In coordination with the City, and other agencies with jurisdiction, Sound Transit will complete the substantive and procedural environmental review for the Project in accordance with SEPA requirements . The environmental review will cover the City's issuance of permits for the Project as well as environmental mitigation, and the City will use and rely upon the environmental documents to satisfy its SEPA responsibilities, consistent with WAC 197-11-600. The foregoing does not limit the City's authority to impose reasonable permit conditions pursuant to its development regulations and is not a substitution for approval of any permits required under City code. GA 0167-18 Tacoma Dome Link Extension Project Administration Agreement Sound Transit and the City of Federal Way Page 2 15 5. Essential Public Facilities The Parties agree that the TOLE Project is a regional transportation facility that has the status of an essential public facility (EPF) and that the requirements of RCW 36.70A.200 are applicable. The siting and location of the TOLE project shall be consistent with RCW Chapter 36.70A. 6. Task Orders for City Services 6.1 General Approach . Sound Transit agrees to pay the City for the costs associated with particular tasks that: • Are required or necessary because of the implementation of Sound Transit's TOLE Project in the City; or • Are directly related to the Project, are essential to meeting Project objectives and schedule, and support Project design, permitting and construction activities, such as documentation of durable and specific Project commitments, public right-of-way review and approval services, documented decisions including permit approvals, and other types of agreements furthering implementation of the Project; or • Respond to requests made by Sound Transit to provide Project-related technical information such as data, reports or studies or to provide engineering or design services for City owned utilities or other public works affected by the Project; or • Sound Transit asks the City to undertake and has negotiated a Task Order as described in Section 6.2, or other written agreement, for payment to the City; or • May include tasks that Sound Transit asks the City to complete on a shorter schedule than the City would otherwise follow. Costs for services will be based on the current hourly rate adopted as part of the City's Fee Ordinance Schedule at the time that charges are incurred. This may include tasks that Sound Transit asks the City to complete on a shorter schedule than the City would otherwise follow. City services are described in further detail in Section 6.3. In general, Sound Transit will not pay the City for the costs associated with the following: • Coordination between Sound Transit and the City normally provided as between government agencies. • City services provided in the ordinary course of business and on the City's usual time and schedule that the City does not ordinarily charge fees for. This includes attendance at public or advisory meetings. • City services that ST will pay for under exist i ng land use, perm itting, or other fee schedules . An exception to this exclusion would occur if a task order or other agreement establishes a different payment structure in lieu of the established payments and fees . 6.2 Task Orders . Sound Transit will request that the City perform specific work under this Agreement through written Task Orders . A task order shall be prepared by Sound Transit, GA 0167-18 Tacoma Dome Link Extension Project Administration Agreement Sound Transit and the City of Federal Way 16 Page 3 reviewed by the City, and executed by the Parties for each work effort to be covered by this Agreement. A list of anticipated task orders is attached as Exhibit A. Task orders shall be in a format similar to that shown in Exhibit B. Each task order shall contain a scope of work, a detailed cost estimate, and a schedule of work. The cost estimate shall establish a maximum funding level for the task order. Each task order shall be executed by authorized representatives of Sound Transit and the City and shall incorporate by reference the provisions of this Agreement. 6.3 Task Order M anagement. For each Task Order, the City will provide monthly progress and cost updates to Sound Transit indicating the amount spent and the estimated cost to complete for each scope and budget element included in the Task Order. If actual costs are anticipated to exceed the amount of the Task Order, the Designated Representatives (or designees) will prepare a mutually agreeable cost estimate to complete the work and develop an appropriate course of action, which may include amending the Task Order. 6.4 City Services . Task orders may address some or all of the following types of activities as appropriate to the project or phase. Each task described below is optional and should only be included in Task Orders when the City and Sound Transit agree it is appropriate. A. Project Administration. A.1. Coordination and Communication. Activities including participation at regularly scheduled project-level coordination meetings and providing on-going project management activities, as well as central coordination of all submittal reviews, comment coordination and consolidation, and identification of projects or proposals (e.g., utility or public works projects or private development projects) that have the potential to conflict with or interfere with Sound Transit's Projects. A.2 Management and Admin istrat ion . Project management activities including staffing, budget, and schedule management, progress reports and invoicing, and other related activities. A.3 Agreements . Review and approval of Memoranda of Understanding, Development Agreements, Services Agreements, Task Orders and other related activities. B. Design Revie w. Project design review consisting of informal "over the shoulder" (OTS) reviews and formal design submittals for which the City is expected to provide formal comments to Sound Transit. B.1. OTS Review . OTS review meetings may be scheduled on an as-needed basis to keep Project team members apprised of developments in the design process, seek feedback or concurrence from the City on aspects of the design as it is progressing, and to determine whether the design is consistent with City codes and regulations . B.2 . Formal Subm ittals . Sound Transit will occasionally submit design review packages to the City for formal review and comment during the earlier project phases and regularly during the permitting and construction phases. The design review packages, including specific timeframes for Sound Transit to provide advance notification to the City and for City review, are to be described in the scopes of work included in Task Orders . If the City foresees that comments will GA0167-18 Tacoma Dome Link Extension Project Administration Agreement Sound Transit and the City of Federal Way Page 4 17 not be returned within the agreed upon timeframe, the City shall notify Sound Transit of the delay as soon as possible so the Parties can determine an acceptable solution. City comments should identify any aspects of the design that do not meet City codes and regulations so the inconsistency can be corrected. c. Planning and Design Co ordination . C.1 Station Access Improvements. Coordination between the City and Sound Transit with regard to station access improvements, such as placement of kiss and ride facilities, parking, ride share services, and other emerging technologies, transit integration, wayfinding, and non-motorized access improvements. C.2 Transit Oriented Development (TOD). City services to partner with Sound Transit to incorporate TOD principles during project design and permitting and to support Sound Transit in evaluating and planning for TOD around Sound Transit facilities and on Sound Transit owned properties that will no longer be needed for future transit operations or maintenance after construction is complete. C.3 Right-of-Way (ROW). Coordination between the City and Sound Transit with regard to City ROW. This may include review of a Transit Way Agreement, temporary easements or street vacations, required improvements, or any other actions/transfers involving City ROW. C.4 Joint Projects or Partnerships . City services that meet the general approach described in Section 6.1 where partnership will occur for a related separate City project, that Sound Transit may be contributing to as mitigation or project enhancement, or if there is a third party project (private, WSDOT, utility) that Sound Transit and the City need to coordinate with, or ifthere is something specific that Sound Transit needs to incorporate into the Sound Transit Project. D. Permits and Approvals. D.1. Establ ish Permit Process . City coordination with Sound Transit to determine a streamlined and consolidated permitting process for the Project that will allow for the City to review and process permits in the most expeditious manner allowable under applicable laws. This may include the preparation of a development agreement, development code amendments, or other types of documents to implement a permitting process. D.2. Permitting and Inspection Activities. City permit activities directly related to permit processing, approval, and issuance including inspections, if these activities are not already provided for through standard permitting fees. E. Other Services. Other services as deemed appropriate by the City and Sound Transit. 6.5 Eligible Costs. The fo ll ow in g t ypes of expend itures sh all be elig i ble for rei mbursem ent: • Direct project costs including labo r c harges at t he employees' current ra tes in acc o rdance wi t h t he City adopted fe e sch edule on an hourly basis at the time the charge is incurred . • Di r ect non -sal ary cos ts rei mbu r sed at t he actu al cost to th e City. GA 0167-18 Tacoma Dome Link Extension Project Administration Agreement Sound Transit and the City of Federal Way 18 Pages • All consultant costs that are consistent with the activities identified in the Task Order Scope of Work and within the Task Order Cost Estimate . • Mileage for meetings requested by Sound Transit outside of the City of Federal Way limits will be charged at the standard IRS rate in effect at the time the charge is incurred. • This Agreement does not cover the City's normal capital and operating expenses such as buildings, office equipment, maintenance, security, utilities, or vehicles, except those expenses normally included in the City's cost-based fee calculation for services. 6.6 Performance. If the City does not perform the services described in the Task Orders, provide formal review comments within the Design Submittal review times as agreed upon in accordance with Section 6.3 or provide notice to Sound Transit as set forth in Section 6.3.B.2, or fails to identify development code conflicts that require design changes during .the permitting process, and if the failure to perform is solely attributable to the City's actions or inactions, appropriate corrective action will be discussed and agreed to by the City and Sound Transit Designated Representatives. Should the corrective action not be agreed to or resolve the problem within one (1) week, the dispute resolution process identified in the Partnering Agreement may be commenced and Sound Transit may request specific resolutions including a reduction of reimbursable costs owed to Sound Transit by the City. 7. Invoicing 7.1 The City shall submit quarterly invoices and supporting documentation for task order payments. The invoices must include a signed invoice template which Sound Transit will provide, a progress report including a description of services provided by the City, the appropriate purchase order number, which Sound Transit will provide after execution of each task order, a cover memo including a description of services provided by the City, and supporting documentation detailing the work completed and associated costs. 7.2 The City shall submit its ,invoices with the required documentation via email or mail to AccountsPayable@SoundTransit.org, or Sound Transit, Accounts Payable, 401 S. Jackson St., Seattle, WA 98104-2826. Invoices must be paid within thirty (30) days of Sound Transit's receipt of the invoice and acceptable documentation. 7.3 If Sound Transit determines that an invoice lacks sufficient documentation to support payment, Sound Transit will notify the City of its determination and request that the City provide additional documentation. Sound Transit may withhold payment for contested portions of the invoice until supporting documentation for the contested portions are provided; however, such approval shall not be unreasonably withheld. GA 0167-18 Tacoma Dome Link Extension Project Administration Agreement Sound Transit and the City of Federal Way Page 6 19 8. Suspension and Termination 8.1 If the City has not received payment from Sound Transit as provided in Section 7, the City may suspend performance of all or any part of the associated work after giving Sound Transit thirty {30) days' notice of the City's intent to do so. Such suspension shall remain in effect until payment is made in full, at which time the suspension shall be lifted. 8.2 Either Party may terminate this Agreement for cause in the event that the other Party fails to fulfill its material obligations under this Agreement in a timely manner or breaches any material provision of this Agreement and the dispute resolution process identified in Section 12 of the Partnering Agreement has failed to reach resolution within the time lines described therein. The Party wishing to terminate this Agreement for cause shall provide the other Party with notice of its intent to terminate and shall give the other Party an opportunity to correct the failure to perform or breach within thirty (30) days of the notice or within such longer period as may be necessary in the event that correction cannot reasonably be accomplished within thirty {30) days. If the failure or breach is not corrected or cured, this Agreement may be terminated by the aggrieved party by giving ninety {90) days' notice to the other Party. 8.3 This Agreement shall also terminate with the mutual consent of both parties. 8.4 Except as provided in this Section, a termination by either Party shall not extinguish or release either Party from liability for costs or obligations existing as of the date of termination. Any costs incurred prior to proper notification of termination will be borne by the Parties in accordance with the terms of this Agreement. 9. Indemnity 9.1 Each Party agrees to hold harmless, indemnify, and defend the other Party, its elected officials, officers, agents, and employees, from and against any and all claims, losses or liability, for injuries, sickness or death of persons, including employees of the indemnifying Party, or damages, arising out of any willful misconduct or negligent act, error, or omission of the indemnifying Party, its officers, agents, or employees, in connection with the services required by this Agreement, provided, however, that: 9.1.1 The indemnifying Party's obligations to indemnify, defend and hold harmless shall not extend to injuries, sickness, death, or damage caused by or resulting from the sole willful misconduct or sole negligence of the other Party, its elected officials, officers, agents or employees; and 9.1.2 The indemnifying Party's obligations to indemnify, defend and hold harmless for injuries, sickness, death, or damage caused by or resulting from the concurrent negligence or willful misconduct of the indemnifying Party and the other Party, or of the indemnifying Party and a third party other than an elected official, officer, agent, or employee of the indemnifying Party, shall apply only to the extent of the negligence or willful misconduct of the indemnifying Party, its elected officials, officers, agents, or employees. 9.2 Each Party agrees to bear full responsibility for any and all tax liabilities owed that may arise in relation to this Agreement, and each Party shall fully indemnify and hold the other Party, its GA0167-18 Tacoma Dome Link Extension Project Administration Agreement Sound Transit and the City of Federal Way Page 7 20 officers, agents and employees harmless from any tax liability owed by other Party arising from or related to the transactions set forth herein, including, but not limited to, any taxes, penalties, fines, and/or interest that are assessed by any tax authority against the indemnifying Party and further including all attorneys' fees and costs incurred in response to any claims or assessments by any tax authority against indemnifying Party, its officers, agents and employees. 9.3 The obligations in this Section shall survive termination or completion of this Agreement as to any claim, loss or liability arising from events occurring prior to such termination or completion. 10. Dispute Resolution 10.1 The Parties agree that neither party shall take or join any action in any judicial or administrative forum to challenge actions of the other party associated with this Agreement or the Project, except as set forth herein. Prior to taking or joining any action in any judicial or administrative forum to challenge actions of the other party associated with the Agreement or Project, the Parties agree to follow the dispute resolution process set out in this section_ 10. The Parties agree to use their best efforts to prevent and resolve potential sources of conflict at the lowest level possible. 10.2 Any disputes or questions of interpretation of this Agreement or the performance of either Party under this Agreement that may arise between Sound Transit and the City shall be governed under the dispute resolution provisions in this Section. The Parties agree that cooperation and communication are essential to resolving issues efficiently. 10.3 Either Party may refer a dispute to the dispute resolution process by providing written notice of such referral to the other Party's Designated Representative. The Parties agree to use their best efforts to resolve disputes arising out of or related to this Agreement using good faith negotiations by engaging in the following dispute resolution process should any such disputes arise: 10.3.1 Level One -Sound Transit's Designated Representative and the City's Designated Representative shall meet to discuss and attempt to resolve the dispute in a timely manner. If they cannot resolve the dispute within fourteen (14) days after referral of that dispute to Level One, either party may refer the dispute to Level Two. 10.3.2 Level Two -Sound Transit's Executive Project Director, and the City's Public Works Director shall meet to discuss and attempt to resolve the dispute, in a timely manner. If they cannot resolve the dispute within fourteen (14) days after referral of that dispute to Level Two, either party may refer the dispute to Level Three. 10.3.3 Level Three -Sound Transit's Executive Director, Engineering and Construction Management or Designee and the City's Mayor or Designee shall meet to discuss and attempt to resolve the dispute in a timely manner. GA 0167-18 Except as otherwise specified in this Agreement, in the event the dispute is not resolved at Level Three within fourteen (14) days after referral of that dispute to Level Three, the Parties may file suit, seek any available legal remedy, or agree to alternative dispute resolution methods such as mediation. At all times prior to resolution of the dispute, the Parties shall Page 8 Tacoma Dome Link Extension Project Administration Agreement Sound Transit and the City of Federal Way 21 continue to perform any undisputed obligations and make any undisputed required payments under this Agreement in the same manner and under the same terms as existed prior to the dispute. Notwithstanding anything in this Agreement to the contrary, neither party has an obligation to agree to refer the dispute to mediation nor other form of dispute resolution following completion of Level Three of the process described herein. Such agreement may be withheld for any reason or no reason. 11. Remedies and Enforcement 11.1 The Parties reserve the right to exercise any and all remedies available under the law, singly or in combination, and consistent with the dispute resolution and default Sections of this Agreement, in the event the other violates any provision of this Agreement. These remedies include, but are not limited to: 11.1.1 Commencing an action at law for monetary damages; 11.1.2 Commencing an action for equitable or other relief; 11.1.3 Seeking specific performance of any provision that reasonably lends itself to such remedy; and/or 11.1.4 All remedies set forth above are cumulative and the exercise of one shall not foreclose the exercise of others. 11.2 Neither Party shall be relieved of its obligations to comply promptly with any provision of this Agreement by reason of any failure by the other Party to enforce prompt compliance, and such failure to enforce shall not constitute a waiver of rights or acquiescence in the other Party's conduct. 11.3 Each party consents to the personal jurisdiction of the state and federal courts in King County, Washington and waives any objection that such courts are an inconvenient forum. If either Party brings any claim or lawsuit arising from this Agreement, each Party shall pay all its legal costs and attorney's fees and expenses incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; however, nothing in this paragraph shall be construed to limit the Parties' rights to indemnification. 12. Duration of Agreement This Agreement shall take effect upon the last date of signature by the Parties as set forth below. This Agreement shall remain in effect until all Sound Transit Projects contemplated by this Agreement are completed and open to the public, unless this Agreement is extended by mutual agreement of the Parties, or unless this Agreement is superseded by a future agreement or is sooner terminated as provided in Section 8 above. 13. Warranties 13.1 By execution of this Agreement, the City warrants: 13 .1.1 That the City has the full right and authority to enter into and perform this Agreement, and that by entering into or performing this Agreement the City is not in violation of any law, GA0167-18 Tacoma Dome Link Extension Project Administration Agreement Sound Transit and the City of Federal Way Page 9 22 regulation or agreement by which it is bound or to which it is bound or to which it is subject; and 13.1.2 That the execution, delivery and performance of this Agreement by the City has been duly authorized by all requisite corporate action, that the signatories for the City hereto are authorized to sign this Agreement, and that upon approval by the City, the joinder or consent of any other party, including a court or trustee or referee, is not necessary to make valid and effective the execution, delivery and performance of this Agreement. 13 .2 By execut ion of th is Agreement, Sound Trans it warrants: 13.2.1 That Sound Transit has the full right and authority to enter into and perform this Agreement, and that by entering into or performing this Agreement Sound Transit is not in violation of any law, regulation or agreement by which it is bound or to which it is bound or to which it is subject; and 13.2.2 That the execution, delivery and performance of this Agreement by Sound Transit has been duly authorized by all requisite corporate action, that the signatories for Sound Transit hereto are authorized to sign this Agreement, and that upon approval by Sound Transit, the joinder or consent of any other party, including a court or trustee or referee, is not necessary to make valid and effective the execution, delivery and performance of this Agreement. 14. Administration of Agreement 14.1 This Agreement will be jointly administered by Sound Transit's Designated Representative and the City's Designated Representative. 14.2 Each Party shall bear its own costs of administering this Ag r eement. 15. Posting of Agreement Pursuant to RCW 39.34.040, each party shall list this Agreement on its website by subject matter and shall post a copy in an electronically retrievable source for public viewing . 16. Notices 16 .1 Unless otherwise provided herein, all notices and communications concerning this Agreement shall be in writing and addressed to the Designated Representative . 16 .2 Unless otherwise provided herein, all notices shall be either: (i) delivered in person, (ii) deposited postage prepaid in the certified mails of the United States, return receipt requested, (iii) delivered by a nationally recognized overnight or same-day courier service that obtains receipts, or (iv) delivered electronically to the other party's Designated Representative as listed herein; however, notice under Section 8, Suspension and Termination, must be delivered in person or by certified mail, return receipt requested. GA 0167-18 Tacoma Dome Link Extension Project Administration Agreement Sound Transit and the City of Federa l Way Page 10 23 17. Audits 17.1 Sound Transit and the City shall maintain accounts and records, including contract and financial records, which sufficiently and properly reflect all direct and indirect costs of any nature expended for work performed under this Agreement so as to ensure proper accounting for all monies paid to the City by Sound Transit. These records shall be maintained for a period of six (6) years after termination or expiration of this Agreement unless permission to destroy the records is granted by the Office of the Archivist pursuant to RCW Chapter 40.14 and agreed to by the City and Sound Transit. 17.2 The City will make all Project records available for Sound Transit inspection upon prior reasonable request. Audits may be performed by Sound Transit or its independent public accountants to ensure compliance with and enforcement of this Agreement. Should the audit determine that funds from Sound Transit have been used for expenses that were ineligible, the City will reimburse Sound Transit the amounts found to have been ineligible. 18. General Provisions 18.1 The Parties shall not unreasonably withhold requests for information, approvals, or consents provided for in this Agreement; provided, however, that approvals or consents required to be given by vote of the Sound Transit Board or Federal Way City Council are recognized to be legislative actions. The Parties agree to take further actions and execute further documents, either jointly or within their respective powers and authority, to implement the intent of this Agreement provided, however, that where such actions or documents must be first approved by vote of the Sound Transit Board or Federal Way City Council, such actions are recognized to be legislative actions. The Chy and Sound Transit agree to work cooperatively with each other to achieve the mutually agreeable goals as set forth in this Agreement. 18.2 This Agreement shall be interpreted, construed and enforced in accordance with the laws of the State of Washington. Venue for any action under this Agreement shall be King County, Washington. 18.3 This Agreement shall be binding upon and inure to the benefit of successors and assigns of the City and Sound Transit. 18.4 Time is of the essence in every provision in this Agreement. Unless otherwise set forth in this Agreement, the reference to "days" shall mean calendar days unless otherwise noted. Any reference to "working days" shall exclude any City holidays and weekend days. If any time for action occurs on a weekend or legal holiday, then the time period shall be extended automatically to the next business day. 18.5 This Ag r eement is made arid entered into for the sole protection and benefit of the Parties hereto and their successors and assigns . Neither Party may assign all or any portion of this Agreement without the express written consent of the other Party . There are no third party beneficiaries to this Agreement, and no other person shall have any right of action based upon any provision of this Agreement. GA 0167-18 Tacoma Dome Link Exten sion Project Administration Agreement Sound Transit and the City of Fed eral Way Page 11 24 18.6 No joint venture or partnership is formed as a result of this Agreement. No employees, agents or subcontractors of one party shall be deemed, or represent themselves to be, employees of any other party. 18.7 This Agreement has been reviewed and revised by legal counsel for all parties and no presumption or rule that ambiguity shall be construed against the party drafting the document shall apply to the interpretation or enforcement of this Agreement. The Parties intend this Agreement to be interpreted to the full extent authorized by applicable law. 18.8 Each Party shall be responsible for its own costs, including legal fees, incurred in negotiating or finalizing this Agreement, unless otherwise agreed in writing by the Parties. 18.9 This Agreement and related task orders may be amended only by a written instrument executed by each of the Parties hereto. The Designated Representatives may agree upon amendments to Exhibits or to extend the term of this Agreement. Such amendments shall be binding upon the parties without the need for formal approval by the Sound Transit Board and the Federal Way City Council, as long as the amendments are generally consistent with this Agreement and do not exceed the authority granted by the Sound Transit Board and City Council. 18.10 This Agreement may be executed in several counterparts, each of which shall be deemed an original, and all counterparts together shall constitute but one and the same instrument. 18.lLSound Transit's design and construction of the Project may become subject to a financial assistance contract between Sound Transit and the Federal Transit Administration (FTA). The Parties recognize that changes to this Agreement may be necessary to comply with the FTA funding requirements. 19. Severability In case any term of this Agreement shall be held invalid, illegal, or unenforceable in whole or in part, neither the validity of the remaining part of such term nor the validity of the remaining terms of this Agreement shall in any way be affected thereby. 20. City's Permitting and Regulatory Authority Nothing in this Agreement shall be deemed a waiver of the City's regulatory authority nor a predetermination of the compliance of the Project with applicable codes and regulations . GA 0167-18 Tacoma Dome Link Extension Project Administration Agreement Sound Transit and the City of Federal Way 25 Page 12 IN WITNESS WHEREOF, each of the Parties has executed this Agreement by having its authorized representative affix his/her name in the appropriate space below: SOUND TRANSIT By : ____________ _ Peter M. Rogoff, Chief Executive Officer Date:--------------- Authorized by Motion No. M2019-XX Approved as to form: By: _____________ _ Name, Senior Legal Counsel GA 0167-18 Tacoma Dome Link Extension Project Administration Agreement Sound Transit and the City of Federal Way THE CITY OF FEDERAL WAY By : _____________ _ Jim Ferrell, Mayor Date:--------------- Authorized by City Council Motion on January 2, 2019. Approved as to form: By : ____________ _ J. Ryan Call, City Attorney Page 13 26 EXHIBITS Exhibit A: Anticipated Task Orders under this Agreement Exhibit B: Task Order Format GA 0167-18 Tacoma Dome Link Extension Project Administration Agreement Sound Transit and the City of Federal Way 27 Page 14 Exhibit A Anticipated Task Orders Draft and Final Environmental Review Phases Draft and Final Permitting Plan Phases Final Design Review Phase Permitting and Pre-Construction Phase Construction Services GA 0167-18 Tacoma Dome Link Extension Project Administration Agreement Sound Transit and the City of Federal Way 28 Exhibit A Page 1 Exhibit B Task Order Format Task Order underthe PROJECT ADMINISTRATION AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND SOUND TRANSIT FOR THE TACOMA DOME LINK EXTENSION PROJECT (GA 0167-18) This Task Order is issued under the Project Administration Agreement between the City of Federal Way and Sound Transit executed on , 2018 (GA 0167-18) "Project Administration Agreement." This Task Order establishes the scope, schedule, and budget for the services (Services) provided by the City for the Sound Transit PROJECT/PHASE . The City agrees to perform the Services in the manner set forth in this Task Order. The terms and conditions of the Project Administration Agreement are incorporated by reference into this Task Order. The effective date of this Task Order is _______ _, 20 _. The end date of this Task Order is 20_. Project Description . General Description of the work to be performed. May also include definitions if helpful/appropriate. • The Scope of Work is included as Attachment 1. • The Schedule is included as Attachment 2. • The Cost Estimate is included as Attachment 3. Each of the Parties has executed this Task Order by having its authorized representative affix his/her name in the appropriate space below: For the City Signature Printed Name Title Date Ordinance : Name, City Attorney GA 0167-18 Tacoma Dome Link Ext e nsi on Project Admin is tration Agreement Sound Transit and the City of Federal Way For Sound Transit Signature Printed Name Title Date 29 Exhibit B Pag e 1 Attachment 1: Scope of Work. Exhibit B Task Order Format The Scope should be fully developed and provide a detailed description of work to be provided under each Task Order. GA 0167-18 Tacoma Dome Link Extension Project Administration Agreement Sound Transit and the City of Federal Way 30 Exhibit B Page 2 Attachment 2: Estimated Schedule. Exhibit B Task Order Format The schedule should match the tasks included in the Project Scope . Task GA 0167-18 Tacoma Dome Link Extension Project Administration Agreement Sound Transit and the City of Federal Way 31 Start Month End Month Exhibit B Page 3 Attachment 3. Cost Estimate. Exhibit B Task Order Format Spreadsheet to be inserted. Use tasks and schedule to develop cost estimate based on labor rate and expenses. GA 0167-18 Tacoma Dome Link Extension Project Administration Agreement Sound Transit and the City of Federal Way 32 Exhibit B Page4 Task Order 1 underthe PROJECT ADMINISTRATION AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND SOUND TRANSIT FOR THE TACOMA DOME LINK EXTENSION PROJECT (GA 0167-18) This Task Order is issued under the Project Administration Agreement between the City of Federal Way and Sound Transit executed on , 2018 (GA 0167 -18) "Project Admin ist ration Agreement." This Task Order establishes the scope, schedule, and budget for the services (Services) provided by the City for the Sound Transit Tacoma Dome Link Extension Alternatives Development Phase. The City agrees to perform the Services in the manner set forth in this Task Order. The terms and conditions of the Project Administration Agreement are incorporated by reference into this Task Order. The effective date of this Task Order is 20_. The end date of this Task Order is June 30, 2019, or as otherwise agreed in writing by the Designated Representatives of both Parties. Project Description. The work to be performed under this Task Order is to support the City of Federal Way's staff efforts to identify and resolve potential issues early on to continue the scheduled pace of project development. The goal is to open the project for public service in the year 2030. • The Scope of Work is included as Attachment 1. • The Schedule is included as Attachment 2. • The Cost Estimate is included as Attachment 3. GA 0167-18 Task Order 1 Tacoma Dome Link Extension Project Sound Transit and the City of Federa l Way 33 Page 1 Each of the Parties has executed this Task Order by having its authorized representative affix his/her name in the appropriate space below: For the Cit y of Fe deral Way Signature Printed Name Title Date Ordinance: Name, City Attorney GA 0167-18 Task Order 1 Tacoma Dome Link Extension Project Sound Tran sit and the City of Federal Way For Sound Transit Signature Printed Name Title Date Page 2 34 Attachment 1: Scope of Work. Task 1: Designated Representative Attendance at Meetings with Sound Transit Staff The City's Designated Representative will proactively work through planning and design issues and facilitate expedited project delivery through regular coordination with Sound Transit. A full description of the Designated Representative scope and role is provided in Section 2.2 of the TOLE Partnering Agreement between Sound Transit and the City (GA 0091-18). The City's Designated Representative will coordinate their City's staff and consultants assigned to this project to achieve key project milestones within the project budget and schedule. This will include developing review schedules that allow for simultaneous review by multiple City staff and/or consultants. The City's Designated Representative will attend individual meetings with Sound Transit staff. These meetings are currently scheduled monthly and may be as frequent as semi-monthly; they can be cancelled if there is not enough new content. These meetings will address City-specific issues related to TOLE in order to advance decisions and streamline permitting, design, engineering, and other services in later phases of the project. Meetings may be outside the regular monthly schedule to ensure timely input/response for a key milestone. Reimbursement for this Task will only be provided for the Designated Representative's time at these individual City-ST meetings. Task 2: Alternatives Development and Preferred Alternative Selection The City will review materials for key discussions and milestones under this Task Order leading towards the selection of a preferred alternative or alternatives to continue into the Environmental Impact Statement (EIS). This may include review of memos, reports, and agreements, preparing for City-Sound Transit monthly/semi-monthly staff meetings, and public outreach support during the alternatives development process. Sound Transit will work to provide advance notification to the City for review of products and/or documents. GA 0167-18 Task Order 1 Tacoma Dome Link Extension Project Sound Transit and the City of Federal Way Page 3 35 Attachment 2: Estimated Schedule. Task Task 1: Designated Representative Attendance at Meetings with Sound Transit Staff Task 2: Alternatives Development and Preferred Alternative Selection GA 0167-18 Task Order 1 Tacoma Dome Link Extension Project Sound Transit and the City of Federal Way • 36 Start Month End Month January 2019 June 2019 January 2019 June 2019 Page4 Attachment 3. Cost Estimate. City of Federal Way Staffing Estimates -for Task Order 1 January 1, 2019 -June 30, 2019 SUB-TASK Designated Representative Task 1 for Attendnace at Meetings with Sound Transit Alternatives Evaluation and Task 2 Preferred Alternative Selection Weighted Hourly Rate $136.71 GA 0167-18 Task Order 1 Tacoma Dome Link Extension Project Sound Transit and the City of Federal Way # #STAFF DURATION MEETINGS (hours) 6 1 2 N/A 5 60 Hours Cost 336 $45,936.00 3 7 PREP& TASK FOLLOW HOURS UP 4 36 N/A 300 TOTAL 336 Page 5 This page left blank intentionally. 38 COUNCIL MEETING DATE: January 2, 2019 ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: AUTHORIZATION TO LEASE SWM PROPERTY FOR TEMPQRARY PARKING POLICY QUESTION: Should City Council authorize SWM Staff to proceed with entering into a temporary lease agreement with Sea Con, LLC? COMMITTEE: Land Use and Transportation Committee MEETING DATE: December 3, 2018 CATEGORY: D Consent D Ordinance D Public Hearing D City Council Business D Resolution D Other STAFF REPORT BY: Theresa Thurlow, P.E . SWM Division Manager 0fr" DEPT: Public_W_o_rk_s _____ _ Attachments: Land Use and Transportation Committee Memo Dated December 3, 2018 Options Considered: 1. Authorize SWM Staff to proceed with entering into a temporary lease agreement with Sea Con, LLC . . 2 . Do not authorize SWM Staff to proceed with entering into a temporary lease agreement with Sea Con, LLC. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding option 1 to the January 2, 2019 City Council Consent Agenda. 9#~ Initi al/Date DIRECTOR APPROVAL: ..!d....,t,...,,-\ \ \ 2o\ I 5 Ini tial/Date COMMITTEE RECOMMENDATION: "I move to forward option 1 to the January 2, 2019 City Council consent agenda for approval. " Mark Koppang, Committee Chair Jesse Johnson, Committee Member Hoang Tran, Committee Member PROPOSED COUNCIL MOTION: I move to authorize SWM Staff to enter into a temporary lease agreement with Sea Con, LLC. (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: 0 APPROVED 0 DENIED 0 TABLED/DEFERRED/NO ACTION 0 MOVED TO SECOND READING (or d inan ces only) REVIS ED -12/2017 39 COUNCIL BILL# First reading Enactment reading ORDINANCE# RESOLUTION# CITY OF FEDERAL WAY MEMORANDUM DATE: December 3, 2018 TO: VIA: Land Use and Transportation Committee Jim Ferrell, Mayor FROM: Theresa Thurlow, P.E., Surface Wat er Man ager ~ EJ Walsh, P.E., Public Works Direc tor ~ SUBJECT: Authorization to lease SWM property for temporary parkin BACKGROUND: Surface Water Management Division owns a parcel in the City of Federal Way located at 29601 Pacific Highway South and legally described as King County Parcel #0421049200. A portion of this parcel contains underground detention facilities and the remainder of the parcel is an open space primarily consisting of compacted soil and gravel. Sea Con , LLC is in the process of constructing a new storage facility at 29817 Pacific Highway South . Due to its location, parking for construction personnel is not available close to the work site. As a result, construction personnel are walking along the right of way in a high traffic area to access the work site. Sea Con, LLC has requested use of SWM's property, which is close to the work site, for the safety of their personnel. SWM staff requests authorization to enter into a temporary parking lease of 10 parking stalls at $SO/month for a period of eight months for use by Sea Con, LLC personnel. The proposed parking area is attached as Exhibit A . cc : Proje ct File Day File 40 4054004104 2 5 4154 2 0 39541042540039504210492003040200060042104ROAD0421049031304020ROAD042104ROAD052104ROAD119600ROADCT117CT118CT149CF12CF24CV3PACIFIC HWY SREDONDO WAY S18TH AVE SPACIFIC HWY SR E D O N D O W A Y S S DASH POINT RD16TH AVE SS 293RD PLS 296TH STS 299TH PL1 3 T H P L S SITETEMPORARY PARKING FOR SEA CON, LLCLOCATION MAPPAC HWY S16TH AVE SFENCEÜNO PARKING AREAGATEEXHIBIT A41 PARKING LEASE THIS PARKING LEASE (the "Lease") is entered into this __ day of 2018 by and between the City of Federal Way, a Washington municipal corporation ("Landlord"), and SEA CON LLC, a Washington Limited Liability Company ("Tenant"). RECITALS A. Landlord is the owner of that certain improved parcel of real property located in the City of Federal Way, King County, Washington commonly known as SWM Storage off of Dash Point, located at 29601 Pacific Highway South and legally described as King County Parcel #0421049200. B. Landlord wishes to lease to Tenant and Tenant wishes to lease from Landlord certain designated parking stalls at the Property as described and under the terms and conditions set forth in this Lease. AGREEMENT 1. Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord nine (8) parking stalls located at the Property substantially in the locations depicted on the attached Exhibit A (the "Premises"). Landlord also grants to Tenant and its agents, employees, consultants, and invitees a non- exclusive lease for vehicular and pedestrian ingress, egress, and access over, upon, across, and through the Property for the benefit of the Premises. This lease shall terminate automatically at the expiration or earlier termination of the Lease. 2. Term. The term of this Lease shall commence on the date entered above, and shall terminate on September 1, 2019. 3. Rent. Tenant shall pay a one-time rental fee in the amount of $4,000.00. Tenant shall pay the Rent within 14 days of the date entered above. Should Tenant fail to pay the one-time rental fee within the 14 day period, this lease shall terminate automatically. The parties agree that said payment is complete and full and that no further amount shall be due for any normal wear accruing to the Premises. 4. Use of Premises. The Premises shall be used for parking for Tenant and its agents, employees, consultants, and invitees and for no other purpose without Landlord's prior written consent, which consent shall not be unreasonably withheld. Tenant shall not create or maintain on the Premises any nuisance or in any way violate generally applicable laws, ordinances, and public regulations now or hereafter in effect. 5. Access and Use. Tenant shall have the right to use the Premises from Monday through Friday between 5:00 AM and 10:00 PM. Landlord shall have and retain the right to use the Premises during other hours. Landlord reserves the ability to make other uses of the Premises that do not interfere with Tenant's use. 6. Liens and Improvements. Tenant shall not permit any mechanic's or materialmen's liens of any kind to be enforced against the Premises for any work done or materials furnished thereon at the request of or on behalf of Tenant. 42 7. Condition of Premises. Tenant accepts the Premises "as-is." 8. Maintenance and Repairs. Landlord shall not be responsible for any costs associated with cleaning, maintaining, and repairing the Premises. 9. Accidents and Liability, Insurance. Landlord, its elected officials, officers, employees, agents, and volunteers shall not be liable for any injury or damage to persons or property sustained by Tenant or Tenant's invitees in and about the Premises or Property, except to the extent such injury or damage is caused by Landlord's or its elected officials', officers', employees', agents', or volunteers' negligence or breach of this Lease. Tenant agrees to indemnify, defend and hold Landlord and its elected officials, officers, employees, agents, and volunteers harmless from any claim, action, expenses, costs, fees (including attorneys' fees) and/or judgment for damages to property or injury to persons suffered or alleged to be suffered on the Premises, or for damages to property or injury to persons suffered or alleged to be suffered on the Property resulting from Tenant's negligence or breach of this Lease, except to the extent caused by Landlord's negligence or breach of this Lease. Tenant shall maintain commercially reasonable liability insurance on the Premises and to name the City as an additional insured. 10. Successors and Assigns. This Lease and each of the terms, provisions, conditions, and covenants hereof shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. 11. Notices. All notices hereunder shall be in writing and shall be delivered personally, by certified or registered mail, by facsimile or by recognized overnight courier addressed as follows: If to Tenant: If to Landlord: SeaConLLC 165 NE Juniper Street Suite 100 Issaquah, WA 980?7 City of Federal Way Attention: EJ Walsh, Public Works Director 33325 8th Avenue South Federal Way, WA 98003-6325 12. Governmental Charges. Landlord shall indemnify and save Tenant harmless from any taxes, assessments or governmental charges of any kind which may be levied against the Premises. 13. Subrogation Waiver. Each of Landlord and Tenant release and relieve the other and waive their entire right of recovery against the other for loss or damage arising out of or incident to the perils described in standard fire insurance policies and all perils described in the "Extended Coverage" insurance endorsement approved for use in Washington state, that occurs in, on, or about the Premises or Property, whether due to the negligence of either party, their agents, employees, or otherwise. 14. Entire Agreement. This document contains the entire agreement between the parties and supersedes all other statements or understandings between the parties. IN WITNESS WHEREOF, the parties hereto have executed this instrument on the date herein set forth. [Signature Pages Follow] 43 LANDLORD: By: EJWalsh Its: Public Works Director Date: ------------- STATE OF WASHINGTON COUNTY OF ) ) ss. ) TENANT: By: Bruce Douglas Adair Its: Chief Financial Officer Date: ------------- I certify that I know or have satisfactory evidence that Bruce Douglas Adair is the person who appeared before me, and said person acknow !edged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Chief Financial Officer of SEA CON. LLC to be the free and voluntary act and deed of such party for the uses and purposes mentioned in the instrument. Dated: Notary Public in and for the State of Washington Residing at ____________ _ Printed Name ------------ My appointment expires _______ _ STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that EJ Walsh is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she was authorized to execute the instrument and acknowledged it as the Public Works Director of the City of Federal Way to be the free and voluntary act and deed of such party for the uses and purposes mentioned in the instrument. Dated: Notary Public in and for the State of Washington Residing at ____________ _ Printed Name ------------ My appointment expires ________ _ 44 COUNCIL MEETING DATE: January 2, 2019 ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: RESOLUTION: AUTHORIZATION TO ACCEPT GRANT FUNDING FOR TRANSPORTATION IMPROVEMENT PROJECTS POLICY QUESTION: Should City Council authorize staff to accept state and federal grant funding for transportation improvement projects? COMMITTEE: Land Use and Transportation Committee CATEGORY: D Consent D Ordinance D City Council Business IS] Resolution MEETING DATE: December 3, 2018 D D Public Hearing Other DEPT: Public Works STAFF REPORT By ('15~;ee S. Winkler, P.E. Deputy Director ----"------"----------------------- Attachments: Staff Report Resolution Options Considered: 1. Approve the a ttac hed reso lution to accept Federal Grant Funding for the following projects: SW 356th Street (15th Ave SW to 4th Place SW) Adaptive Traffic Control System Phase 3, and Pacific Highway Non-Motorized Corridor -16th Ave S (S 308 1h St. to S 288 1h St.); and accept Transportation Improvement Board (TIB) grant funding for the Lakota MS -SW Dash Point Road -21st Ave SW to SW 31th St. Project. 2. Do not approve the attached resolution to accept Federal Grant Funding or accept the TIB grant funding and provide direction to staff MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the January 2, 2019 Council consent agenda for approval. Initial/Date COMMITTEE RECOMMENDATION: I move to forward Option 1 to the January 2, 2019 consent agenda for approval. Mark Koppang, Committee Chair Jesse Johnson, Committee Member Hoang Tran, Committee Member PROPOSED COUNCIL MOTION: "/ move approval of the proposed resolution to accept Federal Grant Funding for the following projects: SW 356th Street (15th Ave SW to 4th Place SW), Adaptive Traffic Control System Phase 3, and Pacific Highway Non-Motorized Corridor -16th Ave (S 308th St. to S 288th St.); and accepl Transportation Improvement Board (TIB) grant funding for the Lakota MS-SW Dash Point Road-21st Ave SW to SW 31th St. Project. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: 0 APPROVED 0 DENIED 0 TAB LED/DEFERRED/NO ACTION 0 MOVED TO SECOND READING (ordinances only) REVISED-12/2017 45 COUNCIL BILL# First reading Enactment reading ORDINANCE# RESOLUTION# DATE: TO: CITY OF FEDERAL WAY MEMORANDUM December 3, 2018 City Council VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public Works Director "'0,-l./' (fa,IDesiree Winkler, P.E., Deputy Public Works Director SUBJECT: Authorization to Accept Grant Funding for Transportation Improvement Projects BACKGROUND: This memorandum provides the Council with the current status of the grant applications submitted in 2018 under the Puget Sound Regional Council (PSRC) Surface Transportation Program (STP) and Congestion Management Air Quality (CMAQ) and Transportation Improvement Board (TIB) Program Funding. Project (Funding Phase) Grant Estimated Pro· ect Cost Grant Fund Amount Required City Match Year of Ex enditure S 316th Street -150' w/o 21st Ave S to 70' e/o 21st Ave S (Downtown Staircase Sidewalk Tie-in) (Constru ction) (TIB)Urban Sidewalks Program I $319,000 I $0.00 I $0.00 I n/a Funding (State Funds) Military Road S / S 298th Street Compact Roundabout (Construction) TIB Urban Arterial Program I $871,615 I $0.00 I $0.00 I n/a (State Funds) Lakota MS -SW Dash Point Road (21st Ave SW to SW 31ih Street) (Design and Construction) (TIB) Urban Sidewalks Program I $1,650,000 I $500,000 I $1,150,000* I 2020 Funding (State Funds) SW 320th Street (11th Ave SW to 3•d Place SW) -Pavement Preservation (Design and Construction) PSRC -Countywide Pavement I $978,000 I $0.00 I $0.00 I n/a Preservation Program (Federal Funds) SW 356th Street (15th Ave SW to 4th Place SW)-Pavement Preservation (Design and Construction) PSRC -Countywide Pavement j $1,400,000 I $810,000 I $590,000** I 2021 Preservation Program (Federal Funds) 46 December 3, 2018 Land Use and Transportation Committee Grant Funding for Transportation Improvement Projects Page2 Project (Funding Phase) Grant Estimated Pro· ect Cost Grant Fund Required City Year of Amount Match Ex enditure Adaptive Traffic Control System Phase 3 (Desi n) ote: Construction Fundin is on the contin enc list) PSRC -Countywide Large City $200,000 $170,000 $30,000*** Pro am Federal Funds Pacific Highway Non-Motorized Corridor-161h Ave S (S 308 1h St to S 288th St) 'Desi n PSRC -Countywide Non-Motorized $700,000 $550,000 $150,000*** Program (Federal Funds) 2022 2021 * The required match for this project is proposed to be funded from a Safe Routes to Schools grant (anticipated award Spring 2019). ** The required match for this project is proposed to be funded from the 2021 Asphalt Overlay Program (REET and MVET). *** The required match for this project is proposed to be funded from the 2021/2022 Capital Transportation Funding (REET). FINANCIAL IMPACTS: The financial impact for each project awarded grant funding is described below. Lakota MS -Dash Point Road (21 st Ave SW to SW 31 ih Street) This project was included and is projected to be completed within the 2019/2020 proposed 306 (Street Capital Fund) budget. In accordance with the proposed budget this project is funded by grants, estimated at $1,350,000 and Real Estate Excise Tax (REET) of $300,000. The remaining grant funding is anticipated to be received through a Safe Routes to Schools Grant estimated to be awarded in spring 2019. SW 3561h St.reet -(15 1h Ave SW to 4Lh Place SW) This project is proposed to be included in the 2021/2022 budget. As proposed, it will be funded by grants for $810,000 and the Asphalt Overlay Program (Fund 102) in the amount of $590,000. The 102 Fund is historically funded annually at $1.5 Million through a combination ofREET and Motor Vehicle Excise Tax (MVET) funds. Adaptive Traffic Control System -Phase 3 This project is proposed to be included in the 2020 budget. As proposed, it will be funded by grants for $170,000 and the Capital Transportation Budget in the amount of $120,000. The Capital Transportation Budget is historically funded annually at $1.6 Million through REET, MVET, and Utility Tax. It is anticipated that the City will be awarded the remaining grant funds for construction ($510,000) as part of the PSRC contingency award process in 2019-2020 and therefore the full match of $120,000 is being included in the 2020 budget. Pacific Hwy Non-Motorized Corridor -16 111 Ave (S 3081h Street to S 288 1 h Street) This project is proposed to be included in the 2020 budget. As proposed, it will be funded by grants for $550,000 and the Capital Transportation Budget in the amount of $150,000. The Capital Transportation Budget is historically funded annually at $1.6 Million through REET, MVET, and Utility Tax. 47 December 3, 2018 Land Use and Transportation Committee Grant Funding for Transportation Improvement Projects Page3 Upon completion of these projects, ongoing costs associated with operations and maintenance will be performed and funded through streets and surface water management maintenance. Funding requirements for operations and maintenance of infrastructure is reviewed and adjusted as required during the budget process. 48 RESOLUTION NO. --- A RESOLUTION of the City of Federal Way, Washington, authorizing execution of a Local Agency Agreement with the Washington State Department of Transportation regarding improvements to SW 356th Street (15th Ave SW to 4th Place SW), Adaptive Traffic Control System Phase 3, and Pacific Highway Non-Motorized Corridor-16th Ave S (S 308th St to S 288th St) in the City of Federal Way, Washington. WHEREAS, the City of Federal Way applied for Puget Sound Regional Council ("PSRC") Countywide funds · from the Washington State Department of Transportation for the purpose of design and construction phases for SW 356th Street (15th Ave SW to 4th Place SW), Adaptive Traffic Control System Phase 3, and the design phase for Pacific Highway Non-Motorized Corridor -16th Ave S (S 308th St to S 288th St) within the City; and WHEREAS, the Washington State Department of Transportation agreed to grant the City of Federal Way federal funds in the total amount of Eight Hundred Ten Thousand and no/100 Dollars ($810,000.00) for the SW 356th Street (15th Ave SW to 4th Place SW) Project, One Hundred Seventy Thousand and no/100 Dollars ($170,000.00) for the Adaptive Traffic Control System Phase 3 Project, and Five Hundred Fifty Thousand and no/100 Dollars ($550,000.00) for the Pacific Highway Non-Motorized Corridor-16th Ave S (S 308th Street to S 288th St) Project provided that the City Council authorizes the Mayor to enter into the Local Agency Agreements; and WHEREAS, by accepting said grant the City of Federal Way agrees to execute the Local Agency Agreements. Resolution No. 19-__ 49 Page I of 4 Rev 6/17 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Section 1. Receipt of Federal Funds. The Mayor or his designee is hereby authorized to accept and receive the federal funds estimated to be Eight Hundred Ten Thousand and no/100 Dollars ($810,000.00) for the SW 356th Street (15th Ave SW to 4th Place SW) Project, One Hundred Seventy Thousand and no/100 Dollars ($170,000.00) for the Adaptive Traffic Control System Phase 3 Project, and Five Hundred Fifty Thousand and no/100 Dollars ($550,000.00) for the Pacific Highway Non-Motorized Corridor-' 16th Ave S (S 308th Street to S 288th St) Project. Section 2. Execution of the Local Agency Agreements. The Mayor or his designee is hereby authorized to execute the Local Agency Agreements regarding improvements to SW 356th Street (15th Ave SW to 4th Place SW), Adaptive Traffic Control System Phase 3, and Pacific Highway Non-Motorized Corridor -16th Ave S (S 308th St to S 288th St) in the City of Federal Way, Washington and any other required documents. Section 3. Matching Funds. Pursuant to the terms of the Local Agency Agreement, the City is required to commit matching funds of approximately Five Hundred Ninety Thousand and no/100 ($590,000.00) for the SW 356th (15th Ave SW to 4th Place SW) Project, Thirty Thousand and no/100 Dollars ($30,000.00) for the Adaptive Traffic Control System Phase 3 Project, and One Hundred and Fifty Thousand and no/100 Dollars ($150,000.00) for the Pacific Highway Non- Motorized Corridor-16th Ave S (S 308th St to S 288th St) Project. Resolution No. 19- 50 Page2 of4 . Rev 6/17 Section 4. Severability. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this resolution. Section 5. Corrections. The City Clerk and the codifiers of this resolution are authorized to make necessary corrections to this resolution including, but not limited to, the correction of scrivener/clerical errors, references, resolution numbering, section/subsection numbers and any references thereto. Section 6. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. Section 7. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON this ___ day of _______ , 20 . [ signature page follows] Resolution No . 19- 51 Page 3 of 4 Rev 6/17 CITY OF FEDERAL WAY: JIM FERRELL, MAYOR ATTEST: STEPHANIE COURTNEY, CMC, CITY CLERK APPROVED AS TO FORM: J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO.: Resolution No. 19- 52 Page4 of4 Rev 6/17 COUNCIL MEETING DATE: NIA ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: REPORT ON PROGRESS ON AIRCRAFT ISSUES POLICY QUESTION: None COMMITTEE: Land Use and Transportation (LUTC) CATEGORY: D Consent D City Council Business D Ordinance D Resolution STAFF REPORT BY: Yarden F. W eidenfeld, Senior Policy Advisor Attachments: Staff Report and Attachments 0 tions Considered: NIA MAYOR'S RECOMMENDATION: NIA MAYOR APPROVAL: NIA -------Committee Initial/Date COMMITTEE RECOMMENDATION: NIA Committee Chair PROPOSED COUNCIL MOTION: NIA NIA Council Initial/Date Committee Member MEETING DATE: December 3, 2018 Public Hearing Other -Standing Report DEPT: Mayor's Office Committee Member (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: 0 APPROVED 0 DENIED 0 TABLED/DEFERRED/NO ACTION 0 MOVED TO SECOND READING (ordinances only) REVISED-12/2017 53 COUNCIL BILL# First reading Enactment reading ORDINANCE# RESOLUTION# DATE: TO: FROM: CITY OF FEDERAL WAY MEMORANDUM December 3, 2018 Members of Land Use and Transportation Committee (LUTC) Y arden F. Weidenfeld, Senior Policy Advisor SUBJECT: Report on Progress on Aircraft Issues Financial Impacts: NONE Background Information: On October 16, 2018, following the recommendation of the Land Use and Transportation Committee (LUTC), City Council unanimously adopted the Federal Way Mayor's Quiet and Healthy Skies Task Force Report in entirety, including all twenty-four (24) distinct recommendations. One of those recommendations was to "[ f]orm an Aviation Impacts Committee of the City Council to oversee implementation of the City's various policy actions and initiatives related to Sea-Tac existing operations and future growth." City Council decided to delegate this function to LUTC. Mayor Ferrell assigned me to give monthly reports as to progress on the recommendations and other aircraft related issues. This is the second of these reports. Developments: 1. Meeting with New Port of Seattle Local Government Relations Manager Dave Kaplan On November 8, 2018, Mayor Jim Ferrell and I met with Dave Kaplan, who has replaced Katie Kuciemba Halse as the new local government relations manager for the Port of Seattle. Please see Attachment One for the meeting agenda. Mr. Kaplan also gave us the Port's full economic impacts study revised as of August 2018. A copy can be sent to Councilmembers upon request. 2. Sea-Tac Airport Stakeholders Roundtable (StART) Please see Attachment Two for short recap of October 24, 2018 meeting. The next meeting of the Aviation Noise Working Group is scheduled for November 54 Rev. 7/18 26, 2018. 3. Airport Community I mpacts S tudy Please see Attachment Three for fully signed version of the Joint Funding Agreement for the Airport Impact Study, unanimously approved by City Council on September 4, 2018. The next meeting of the advisory committee is scheduled for November 19, 2018. See Attachment Four for the agenda. It is expected that the scope (or statement) of work and "Project Charter" will be finalized at that time. There will also be a meeting on the afternoon of December 3, 2018. 4. Highline Foru m The next meeting of the Highline Forum is scheduled for November 28, 2018. 5. Air Cargo Study The Washington State Legislature Joint Transportation Committee has been working on an Air Cargo Study. A Draft Final Report was issued on November 13, 2018. Pl ease see Attachment Five for an excerpt. The full study is available on the website of the Joint Transportation Committee (JTC) at: httg ://leg.wa.gov/ JTC/Meetings/Documents/ Agendas/20l8%20Agendas/Nov%202018%20 Meeting/DraftFinalRepo1t.pdf 55 Rev. 7/18 Of\t FEDERAL WAY BRIEFING-November 8, 2018 • The City/County's Issues, Interests, and Investment o Issues of Importance • What are the most pressing issues? o Long-term Interests • What long-term interests are you pursing or would like to pursue? o Capital & Transportation Investment Projects • What are the big projects in your CIP? • Seattle-Tacoma International Airport Update o SAMP Environmental Review Process and Timeline • Scoping Summary Report to Port Commission, first Quarter 2019 • Detailed analysis of Environmental Review, 3rd Quarter 2019 o Flight Corridor Safety Program, ACE Grants, and Forterra's Green Cities • Tree cutting work on Port property completed; replacement tree planting south of S. 200th to begin this fall; cutting work on Non-Port property to begin in 2019 • Forterra's Green Cities: 10/20, Seatac; 10/29, Des Moines; 11/7, Burien o StART and Working Group Progress • Voluntary 12am to Sam Curfew, Runway Use Agreement • Glide Slope Analysis, Enhanced Noise Abatement Climb Procedure o Highline Forum • Issues you'd like to see addressed (Port specific or broader)? o Economic & Workforce Development • Soundside Alliance • Breakfast on December 5th at Sheraton Four Point Hotel, Des Moines • Thoughts on the future of Soundside Alliance? • Economic Development Partnership Program Grants • FW grants: Focus on recruitment and job creation from businesses involved in international trade .. • Ideas on what you may want to do with future grants? • Sea~Tac Airport Economic Impacts Report • Workforce Development_ and Job Training • Port Jobs at the Airport; Under-Represented Communities Apprenticeship; Regional Trades Partnership; Airport University; Airport Continuity Assistance • FAA Reauthorization Bill -Aviation Maintenance Development Program • Odds, Ends & Follow-up Items Dave Kaplan, Local Government Relations Manager, Port of Seattle Kap lan .D@po r tseatt le.o rg I 206.787.4368 I 206.265.9179 mobile 56 Two StART ~ SEA-TAC STAKEHOLDER ADVISORY ROUND TABLE October 24, 2018 Recap The Sea-Tac Stakeholder Advisory Round Table (StART) meeting took place on October 24, 2018 with a focus on reviewing and discussing the Aviation Noise Working Group's progress as well as developing an understanding of forthcoming fleet changes and their impact on aviation noise. This voluntary, advisory roundtable, convened by Seattle-Tacoma International Airport Managing Director, Lance Lyttle, is a venue for the Port of Seattle to engage with the communities of SeaTac, Burien, Des Moines, Normandy Park, Tukwila and Federal Way. Representatives from Delta Air Lines, Alaska Airlines, and Lynden Transport are also members. The Federal Aviation Administration (FAA) participates as a non-member. The Airport Managing Director reiterated his dedication toward trying to find solutions to community concerns. He is encouraged by the work of the StART Aviation Noise Working Group, which is currently focusing on identifying near-term actions to reduce the impacts of noise. Lyttle also shared that he met with City Managers from member communities for a mid-year check in. The outcome of these conversations was revisions to the StART Operating Procedures. He acknowledged that there has been some frustration that time for public comment during START meetings is limited. Lyttle is exploring other options to provide a forum for public comment. Clare Gallagher, Port of Seattle, and Joelle Briggs, FAA, provided a brief update on the FAA Reauthorization Bill (Bill) that was recently signed into law. It was noted that the FAA is in the process of reviewing the law's language to determine next steps necessary for implementation. Gallagher also provided a brief update on the Sustainable Airport Master Plan scoping period. The Aviation Noise Working Group (Working Group) reported on their September 24 meeting and solicited guidance and questions from StART participants. The focus of the September 24 meeting was to review data on nighttime flight operations and to discuss runway use letters of agreement. The discussion focused on identifying additional data that would help inform the crafting of a possible voluntary nighttime curfew. The Working Group provided guidance to focus attention on exploring options for reducing aviation noise between the hours of 12:00 am and 5:00 am. The Working Group reviewed and discussed possible runway use procedures that could be included in a revised Letter of Agreement between the Port of Seattle and FAA. The Working Group is developing a draft work program to guide constructive next steps. StART members provided guidance and feedback to the Working Group. Dr. Robert Stoker, Boeing Company, gave a presentation and fielded questions on forthcoming aircraft fleet changes and how these new aircraft are being designed to reduce noise and emissions. Scott Kennedy, Alaska Air Lines, and Tony Gonchar, Delta Airlines, discussed operational improvements to reduce noise and increase fuel efficiency in their fleets as well as provided StART ~ SEA-TAC STAKEHOLDER ADVISORY ROUND TABLE information about anticipated future fleet purchases and changes. Dr. Stoker's presentation can be found here . There were several questions following these presentations regarding aircraft noise abatement mitigation, percentage of engine noise vs. other aircraft noise sources, potential improvements to aircraft generated ground noise, engine silencers, whether topography of an airport impacts noise, improving thrust reversers, anticipated phase out of older airplanes, and status of noise retrofitting for A-320s. Public comment was heard. The next meeting is scheduled for December 19 at 6 p.m., at the City of SeaTac City Hall, Council Chambers, 4800 S. !881h Street. The public is invited to attend. StART meeting documents may be found on the Port of Seattle website . AGREEMENT BETWEEN THE CITIES OF BURIEN, DES MOINES, NORMANDY PARK, FEDERAL WAY, TUKWILA, AND SEATAC TO PROVIDE LOCAL MATCHING FUNDS FOR THE SEA-TAC AIRPORT IMPACT STUDY This Agreement is entered into between the City of Burien, a municipal corporation, hereinafter referred to as "Burien;" the City of Des Moines, a municipal corporation hereinafter referred to as "Des Moines;" the City of Federal Way, a municipal corporation hereinafter referred to as "Federal Way;" the City of Normandy Park, a municipal corporation hereinafter referred to as "Normandy Park;" the City of Tukwila, a municipal corporation hereinafter referred to as "Tukwila;" and the City of SeaTac, a municipal corporation hereinafter referred to as "SeaTac;" and all six cities collectively referred to as the "Parties" or "Cities", for the purpose of providing local matching funds to the Washington State Department of Commerce, a state agency hereinafter referred to as "Commerce," for the "Sea-Tac International Airport Impacts Study," hereinafter referred to as "the Study." 1. Background. The Washington State Legislature enacted Engrossed Substitute Senate Bill 6032 during the 2018 regular session. Section 127(63) (hereinafter referred to as "the Proviso") provides in part that, "$300,000 of the general fund-state appropriations for fiscal year 2019 and $300,000 of the general fund-local appropriation are provided solely for the department to contract with a consultant to study the current and ongoing impacts of the Sea-Tac International Airport. The general fund-state funding provided in this subsection serves as a state match and may not be spent unless $300,000 of local matching funds is transferred to the department." The Parties have determined a method to equitably provide the local matching fund obligation of $300,000 so that the Study may proceed. 2. Purpose. The purpose of this Agreement is for the Parties to define each Party's funding obligation, which Party will enter into a contract with Commerce, and to establish a process for participating in and responding to the study as it is prepared by Commerce. 3. Contract Administration. The Parties agree that SeaTac will serve as the contracting and fiscal agent for the local matching contributions to the Study from the other jurisdictions and has the sole responsibility to collect any such funds. SeaTac commits to transfer funds to Commerce at such dates and in such amounts as required and will collect contributions from other jurisdictions either prior to or after such transfers occur. 4. Joint Roles and Responsibilities. Each Party shall be responsible for the following: a. Each Party shall assign a representative(s) ("Party Representative(s)") to help prepare and participate in review of draft work products as provided by Commerce. The Party Representative for SeaTac will communicate any changes to schedules and other pertinent information in a timely manner so as to keep each Party apprised of the status of the Commerce's work. b. Time is of the essence for this Study. The Parties shall work expeditiously and in Page 1 of6 59 good faith to achieve the smooth progress of review and commenting. This includes allocating adequate staff time and providing all necessary data and other information or materials needed by Commerce to facilitate preparation of the Study. 5. Contract Management. The agreement with Commerce shall be solely administered by the City of SeaTac on behalf of all Parties. These responsibilities include arrangement of meetings with Commerce as needed to address the comments of the Parties and coordinating communications with Commerce. 6. Fiscal Management. By entering into this Agreement, the Parties commit to providing their defined share of the $300,000 local matching funds. Management of fiscal matters associated with this Agreement shall be administered by the City of SeaTac. Parties shall transfer their defined share of local matching funds to SeaTac in accordance with the schedule identified in Exhibit A. While SeaTac may elect to transfer funds to Commerce in advance of receiving payments from all or some of the other Parties, the Parties affirm their share will be remitted to SeaTac on or before their established payment dates. 7. Duration. This Agreement shall be effective upon execution by each party and shall remain in full force and effect through completion of the Study process or full payment by all Parties per Exhibit A, whichever comes last. This Agreement may be extended upon mutual agreement of all Parties. 8. Termination. Any party may withdraw from this Agreement, effective upon thirty (30) days written notice to the other Parties and upon payment of the balance of their full defined share to the City of SeaTac. If the State Legislature or Commerce terminate the Study, SeaTac will remit any payments received but not sent to Commerce, plus any refund for payments received from Commerce to the Parties in accordance with defined local share as outlined in Exhibit A. The remittance by SeaTac to all Parties may be pro-rated equally if necessary to maintain the balance of contributions and refunds from Commerce. 9. Modification. This Agreement may be modified by further written agreement upon mutual acceptance by all parties. 10. Alternative Dispute Resolution. If a dispute arises from or relates to this Agreement or the breach thereof and if the dispute cannot be resolved through direct discussions, the parties agree to endeavor first to settle the dispute in an amicable manner by mediation administered by a mediator under JAMS Alternative Dispute Resolution service rules or policies before resorting to arbitration. The mediator may be selected by agreement of the parties or through JAMS. 11. Written Notice. All communications regarding this Agreement shall be sent to the Parties at the addresses listed in Exhibit B, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of transmittal, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. Page 2 of6 60 12. Hold Harmless. Each party to this Agreement shall defend, indemnify and hold the other party, its appointed and elected officers and employees, harmless from claims, actions, injuries, damages, losses or suits including attorney fees, arising or alleged to have arisen directly or indirectly out of or in consequence of the performance of this Agreement to the extent caused by the fault or negligence of the indemnitor, its appointed or elected officials, employees, officers, agents, assigns, volunteers or representatives. 13. Non-Discrimination. The Parties shall not discriminate in any manner related to this Agreement on the basis ofrace, color, national origin, sex, sexual orientation, religion, age, marital status or disability in employment or the provision of services. Use Commerce language. 14. Severability. If any provision of the Agreement shall be held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to serve the purposes and objectives of both parties. 15. Entire Agreement. This Agreement constitutes the entire agreement between the parties. Any modifications or amendments to this Agreement shall be in writing and shall be signed by each party. Page 3 of6 , 61 CITY OF BURIEN Brian J. Wilson, City Manager DATE: ________ _ APPROVED AS TO FORM: Lisa Marshall, City Attorney CITY OF TUKWILA Allan Ekb erg, Mayor DATE: --------- APPROVED AS TO FORM: Rachel Turpin, City Attorney CITY OF FEDERAL WAY Jim Ferrell, Mayor DATE: _______ _ APPROVED AS TO FORM: J. Ryan Call, City Attorney CITY OF DES MOINES Michael Matthias, City Manager DATE: --------- APPROVED AS TO FORM: Tim George, City Attorney CITY OF NORMANDY PARK Mark E. Hoppi;n. Cityw.; DATE: R / I'{ /1 ,r.:-~ l ( APPROVED AS TO FORM: oseph Sco rc io, C ity Manage r DATE: P-2/-/ 8 APPROVED AS TO FORM: Page 4 of6 62 CITY OF BURIEN Brian J. Wil s01);'; 'ity Manager DATE: S' 1J / J~1){ i I AS TO FORM: Li CITY OF TUKWILA Allan Ekberg, Mayor DATE: --------- APPROVED AS TO FORM: Rachel Turpin, City Attorney CITY OF FEDERAL WAY Jim Ferrell, Mayor DATE: --------- APPROVED AS TO FORM: J. Ryan Call, City Attorney CITY OF DES MOINES Michael Matthias, City Manager DATE: ________ _ APPROVED AS TO FORM: Tim George, City Attorney CITY OF NORMANDY PARK Mark E. Hoppen, City Manager DATE: ________ _ APPROVED AS TO FORM: James Haney, City Attorney CITY OF SEATAC Joseph Scorcio, City Manager DATE: --------- APPROVED AS TO FORM: Mary E. Mirante Bartolo, City Attorney Page 4 of6 63 CITY OF BURIEN Brian J. Wilson, City Manager DATE: --------- APPROVED AS TO FORM: Lisa Marshall, City Attorney CITY OF TUKWILA Allan Ekberg, Mayor DATE: --------- APPROVED AS TO FORM: Rachel Turpin, City Attorney erre ll, Ma)'.~ ATE: c:r./~ APPROVED AS TO FORM: J. Ryan Call, City Attorney CITY OF DES MOINES Michael Matthias, City Manager DATE: --------- APPROVED AS TO FORM: Tim George, City Attorney CITY OF NORMANDY PARK Mark E. Happen, City Manager DATE: --------- APPROVED AS TO FORM: J arnes Haney, City Attorney CITY OF SEATAC Joseph Scorcio, City Manager DATE: --------- APPROVED AS TO FORM: Mary E. Mirante Bartolo, City Attorney Page 4 of6 4C 64 CITY OF BURIEN Brian J. Wil so DATE: -~~~~---- APPROVED AS TO FORM: Lisa Marshall, City Attorney CITY OF TUKWILA Allan Ekberg, Mayor DATE: --------- APPROVED AS TO FORM: Rachel Turpin. City Attorney CITY OF FEDERAL WAY Jim Ferren , Mayor DATE : --------- APPROVED AS TO FORM: J. Ryan Call, City Attorney CITY OF DES MOINES ~-- Michael Matthias, City Manager DATE : / o,, Z · i 'ff APPROVED AS TO FORM: ~ Tim George, City Attorney CITY OF NORMANDY PARK Mark E. Hoppen, City Manager DATE: --------- APPROVED AS TO FORM: James Haney, City Attorney CITY OF SEATAC Joseph Scorcio, City Manager DATE: --------- APPROVED AS TO FORM: Mary E. Mirante Bartolo, City Attorney Page 4 of6 -4D 65 CITY OF BURIEN Brian J. Wilson. City Manager DATE:-------- APPROVED AS TO FORM: Lisa Marshall, City Attorney CTl'Y OF TUKWILA CITY OF FEDERAL WAY Jim Ferrell, Mayor DATE: _______ _ APPROVED AS TO FORM: J. Ryan Call, City Attorney CITY OF DES MOINES Michael Matthias, City Manager DATE: -------- APPROVED AS TO FORM: Tim George, City Attorney CITY OF NORMANDY PARK Mar1:E.Hop~~= DATE: R'Jp ( APPROVED AS TO FORM: CITY OF S EA T ·AC ,'_~<~ C ~oseph Scarcia . City Manager DATE: 9-Z: -/ >-; APPROVED AS TO FORM: ' h&l l l 1ll. ,~tutbuir17.i Mary E. 1i rante Bartolo, City Attorney Pagc4 of6 66 EXHIBIT A City 2017 OFM population Per Capita Share 0.7348 estimate (S.1993 SeaTac) Burien 50,680 $37,238.24 Des Moines 30,860 $22,675.06 Federal Way 96,350 $70,795 .27 Normandy Park 6,595 $4,845.82 Tukwila 19,660 $14,445.61 Other Cities Subtotal $150,000 SeaTac 28,850 $150,000 Total Population 232,995 Represented Total Local Match $300,000 Funds for Study PAYMENT SCHEDULE The Cities identified below agree to make payment to the City of SeaTac in the amount and on the dates indicated below. Payments shall be delivered to: City of SeaTac, Attn: Finance Department, 4800 South 188 1h Street, SeaTac, WA 98188, and should reference "Sea-Tac Impact Study Local Match." Burien: $37,238.24 no later than Septemb er 30, 2018. Des Moines: $22,675.06 no later than July l, 2019. Federal Way: $35,397.64 no later than January 31, 20 19 and $35,397.63 no later than J anuary 31, 2020. Normandy Park: $4,845.82 no later than Septem b er 1, 2018. Tukwila: $14.445.61 no later than DeGember3 l , 2018. Page 5 of6 67 EXHIBITB 1. Brian J. Wilson, City Manager, Burien City Hall, 400 SW 152nd St., Suite 300, Burien, WA 98166 2. Lisa Marshall, City Attorney, Burien City Hall, 400 SW 152nd St., Suite 300, Burien, WA 98166 3. Michael Matthias, City Manager, City of Des Moines, 21630 11th Ave. S., Suite A, Des Moines, WA 98198 4. Tim George, City Attorney, City of Des Moines, 21630 11th Ave. S., Suite D, Des Moines, WA 98198 5 . Allan Ekberg, Mayor, City of Tukwila, 6200 Southcenter Boulevard, Tukwila, WA 98188 6. Rachel Turpin, City Attorney, City of Tukwila, Kenyon Disend, PLLC, 11 Front St. S., Issaquah, WA 98027 7 . Mark E. Hoppen, City Manager, Normandy Park City Hall, 801 SW 174th Street, Normandy Park, WA 98166 8. Jim Haney, City Attorney, City of Normandy Park, Ogden Murphy Wallace, P.L.L.C., 901 5th Ave., Ste. 3500, Seattle, WA 98164 9. Jim Ferrell, Mayor, Federal Way City Hall, 33325 8th Ave. S., Federal Way, WA 98003 10. Ryan Call, City Attorney, Federal Way City Hall, 33325 8th Ave. S., Federal Way, WA 98003 11. Joseph Scorcio, City Manager, SeaTac City Hall, 4800 South 188th Street, SeaTac, WA 98188 12. Mary E. Mirante Bartolo, SeaTac City Hall, 4800 South 188th Street, SeaTac, WA 98188 Page 6 of6 68 [-D~( Department of Commerce Seattle-Tacoma lntemational Airport-2018-2020 Study Implementation of Engrossed Substitute Senate Bill (ESSB) 6032-Section 127(63). 1) Introductions Meeting 8 -November 19, 2018 1:00 PM -SeaTac City Hall AGENDA 2) Project Team Charter (40 min) a. Final review of latest draft b. Revisions, finalization 3) Statement of Work Development (60 min) a. Review of most recent draft b. Definitions and Terms c. More elements to consider? 4) Next Steps 69 • I. I 11.1 se l. ded a close 1rter i ica l arc C rry ·10 o I a ion Ir . umm 0 Grant County International Atrport had been actively soliciting charters for cherries for years . In 2017. the ckups at Sea-Tac during ak cherry season were such that the berries sat too long and got too warm and t quality of this l uxury item was compromised. In June 2018. a major shipper of fresh fruit initiat a pilot pro · t to prove the concept for shippi g cherries from Moses Lake to C El n charter planes carri 250 t o u unds of c rnes pie I ti · of three d s from tr 2 to ch. for a to inter tio I customer while maintaini consistent cold temperatures.. The cold c ain s o n succ s I. aa,waruaae:. Im pr·r,:u,,c.,.,. I it truck signtficant r ition. r ir rt ovi · n of an rsion of g eusing fi r trical o sonly inutes a ay from , .. 41a,_ ............... _..!i..~ !------··-·--~ ... J. ••