The URL can be used to link to this page

2019-02-19 Council PKT - RegularCITY OF �. Federal Way Centered on Opportunity CITY COUNCIL REGULAR MEETING AGENDA **AMENDED** Council Chambers - City Hall February 19, 2019 — 7:00 p.m. 1. CALL MEETING TO ORDER 2. PLEDGE OF ALLEGIANCE 3. PRESENTATIONS a. Ceremonial Swearing -In of New Police Officers b. Proclamation: February — Black History Month ...page 5 c. Snow & Ice Event Recap — Emergency Procurement Report Mayor's Emerging Issues and Report • Housing Conditions Follow -Up — Community Development Director Brian Davis • Upcoming Community Events: State of the City Address — Performing Arts & Event Center — February 28 at 6:00 p.m.; Ribbon Cutting Ceremony for newly updated La Quinta Inn & Suites on February 27 at 4:00 p.m. • Recent Events: United in Prayer for the Harvest Event at the PAEC (2/13); Homeless Shelter Visit (2/11); and NW Athletic Championship Swimming & Diving (2/8) e. Council Committee Reports • Finance, Economic Development Regional Affairs Committee (FEDRAC) • Lodging Tax Advisory Committee (LTAC) • Land Use/Transportation Committee (LUTC) • Parks/Recreation/Human Services/Public Safety Committee (PRHSPS) • Deputy Mayor Report 4. CITIZEN COMMENT PLEASE COMPLETE A PINK SLIP AND TURN IT IN TO THE CITY CLERK PRIOR TO SPEAKING. When recognized by the Mayor, come forward to the podium and state your name for the record. Please limit your comments to three minutes. The Mayor may interrupt comments that exceed three minutes, relate negatively to other individuals, or are otherwise inappropriate. 5. CONSENT AGENDA Items listed below have been previously reviewed in their entirety by a Council Committee of three members and brought before full Council for approval; all items are enacted by one motion. Individual items maybe removed by a Councilmember for separate discussion and subsequent motion. a. Minutes: February 5, 2019 Regular and Special Meetings; Summary of Legislative The City Council may add items and take action on items not listed on the agenda. City Council Meetings are wheelchair accessible; and assisted listening devices for use in the Council Chambers are available upon request to the City Clerk. Regular Meetings are recorded and televised live on Government Access Channel 21. To view Council Meetings online please visit www.cityoffederalway.com. Breakfast on January 10, 2019 ...page 6 6. COUNCIL BUSINESS a. Downtown Staircase — Bid Award ...page 18 b. S. Dash Point Road Sidewalk Improvements — 30% Design Report ...page 22 c. Conversion of PSE Decorative Street Lights to LED — Authorization to Execute Task Order 2 ...page 25 d. Resolution: Authorization to Accept Grant Funding for Transportation Improvement Projects ...page 31 e. Request to Add Community Development Department Employee Funded by Sound Transit ...page 38 f. Authorization for Additional Parks Employee for a 9 -month Term Funded within the Existing Parks Budget ...page 41 g. Interlocal Agreement for South King Housing and Homelessness Partners ...page 43 h. Resolution: Addressing Projected Growth at Sea -Tac Airport and the Need for a New Commercial Aviation Facility ...page 73 i. Referral for Study to the Land Use Transportation Committee (LUTC) the topic of implementing a City Rental Property Inspection Program ...page 95 j. (ADDED ITEM) Letter to Sound Transit for Preferred Site of Midway Land Fill Site 7. ORDINANCES Second Reading/Enactment a. Council Bill #753/ Granting the Central Puget Sound Regional Transit Authority a Transit Way Agreement ...page 96 AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, GRANTING THE CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY A TRANSIT WAY AGREEMENT FOR THE NON-EXCLUSIVE USE OF CERTAIN PUBLIC RIGHTS-OF-WAY FOR A LIGHT RAIL TRANSIT WAY RELATED TO THE FEDERAL WAY LINK EXTENSION PROJECT. 8. COUNCIL REPORTS 9. EXECUTIVE SESSION • Collective Bargaining pursuant to RCW 42.30.140(4)(b) 10. ADJOURNMENT The City Council may add items and take action on items not listed on the agenda. City Council Meetings are wheelchair accessible; and assisted listening devices for use in the Council Chambers are available upon request to the City Clerk. Regular Meetings are recorded and televised live on Government Access Channel 21. To view Council Meetings online please visit www.cityoffederalway.com. 4ilk CITY OF _ Federal Way Centered on Opportunity CITY COUNCIL REGULAR MEETING AGENDA Council Chambers - City Hall February 19, 2019 — 7:00 p.m. CALL MEETING TO ORDER 2. PLEDGE OF ALLEGIANCE 3. PRESENTATIONS a. Ceremonial Swearing -In of New Police Officers b. Proclamation: February — Black History Month ...page 3 c. Snow & Ice Event Recap — Emergency Procurement Report Mayor's Emerging Issues and Report • Housing Conditions Follow -Up — Community Development Director Brian Davis • Upcoming Community Events: State of the City Address — Performing Arts & Event Center — February 28 at 6:00 p.m.; Ribbon Cutting Ceremony for newly updated La Quinta Inn & Suites on February 27 at 4:00 p.m. • Recent Events: United in Prayer for the Harvest Event at the PAEC (2/13); Homeless Shelter Visit (2/11); and NW Athletic Championship Swimming & Diving (2/8) e. Council Committee Reports • Finance, Economic Development Regional Affairs Committee (FEDRAC) • Lodging Tax Advisory Committee (LTAC) • Land Use/Transportation Committee (LUTC) • Parks/Recreation/Human Services/Public Safety Committee (PRHSPS) • Deputy Mayor Report 4. CITIZEN COMMENT PLEASE COMPLETE A PINK SLIP AND TURN IT IN TO THE CITY CLERK PRIOR TO SPEAKING. When recognized by the Mayor, come forward to the podium and state your name for the record. Please limit your comments to three minutes. The Mayor may interrupt comments that exceed three minutes, relate negatively to other individuals, or are otherwise inappropriate. 5. CONSENT AGENDA Items listed below have been previously reviewed in their entirety by a Council Committee of three members and brought before full Council for approval; all items are enacted by one motion. Individual items maybe removed by a Councilmember for separate discussion and subsequent motion. a. Minutes: February 5, 2019 Regular and Special Meetings; Summary of Legislative Breakfast on January 10, 2019 ...page 4 The City Council may add items and take action on items not listed on the agenda. City Council Meetings are wheelchair accessible; and assisted listening devices for use in the Council Chambers are available upon request to the City Clerk. Regular Meetings are recorded and televised live on Government Access Channel 21. To view Council Meetings online please visit www.cityoffederalway.com. 6. COUNCIL BUSINESS a. Downtown Staircase — Bid Award ...page 16 b. S. Dash Point Road Sidewalk Improvements — 30% Design Report ...page 20 c. Conversion of PSE Decorative Street Lights to LED — Authorization to Execute Task Order 2 ...page 23 d. Resolution: Authorization to Accept Grant Funding for Transportation Improvement Projects ...page 29 e. Request to Add Community Development Department Employee Funded by Sound Transit ...page 36 Authorization for Additional Parks Employee for a 9 -month Term Funded within the Existing Parks Budget ...page 39 g. Interlocal Agreement for South King Housing and Homelessness Partners ...page 41 h. Resolution: Addressing Projected Growth at Sea -Tac Airport and the Need for a New Commercial Aviation Facility ...page 71 Referral for Study to the Land Use Transportation Committee (LUTC) the topic of implementing a City Rental Property Inspection Program ...page 93 7. ORDINANCES Second Reading/Enactment a. Council Bill #753/ Granting the Central Puget Sound Regional Transit Authority a Transit Way Agreement ...page 94 AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, GRANTING THE CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY A TRANSIT WAY AGREEMENT FOR THE NON-EXCLUSIVE USE OF CERTAIN PUBLIC RIGHTS-OF-WAY FOR A LIGHT RAIL TRANSIT WAY RELATED TO THE FEDERAL WAY LINK EXTENSION PROJECT. 8. COUNCIL REPORTS 9. EXECUTIVE SESSION Collective Bargaining pursuant to RCW 42.30.140(4)(b) 10. ADJOURNMENT The City Council may add items and take action on items not listed on the agenda. City Council Meetings are wheelchair accessible; and assisted listening devices for use in the Council Chambers are available upon request to the City Clerk. Regular Meetings are recorded and televised live on Government Access Channel 21. To view Council Meetings online please visit www.cityoffederalway.com. CIT Federal Way PROCLAMATION "Black History Month" WHEREAS, much of Federal Way's honor, strength and distinction can be attributed to the diversity of cultures and traditions that are celebrated by the residents of this great region; and WHEREAS, African Americans have played a significant role in the history of our nation and Washington State's economic, cultural, spiritual and political development while working tirelessly to promote their culture and history; and WHEREAS, as a result of their determination, hard work, and perseverance, African Americans have made valuable and lasting contributions to our community and our state, achieving exceptional success in all aspects of society including business, education, politics, science, and the arts; and WHEREAS, all Americans are encouraged to reflect on past successes and challenges of African Americans and look to the future to improve society so that we live up to the ideals of freedom, equality and justice; and WHEREAS, Black History Month grew out of the establishment in 1926, of Black History Week by Carter G. Woodson and the Association for the Study of African American Life and History, and encourages unity and promotes the American ideal of equal education, social, and economic opportunities for alf citizens; and WHEREAS, the City of Federal Way believes in the equality of all people and recognizes the value added to our community by our diversity; and NOW, THEREFORE, we, the undersigned Mayor and City Council of the Cit of Federal Way, do hereby proclaim February 2019 as Black History Month in the City of Federal Way, and encourage the people of our city to join together in making this a period of rededication to the principles of justice and equality for all. SIGNED this 19th day of February, 2019 FEDERAL WA YMAYOR AND CITY COUNCIL Ferrell, Mayor her H ang V. Tran, Councilmember Martin Moore, Co ncilmember Su sa �� Q, Deputy Mayor Jed a E. Johnson, Councilmember loe— M P0,a Ffg, Co ilme er Dini Duclos, Councilmember COUNCIL MEETING DATE: February 19, 2019 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: CITY COUNCIL MEETING MINUTES ITEM #: POLICY QUESTION: Should the City Council approve the draft minutes for the February 5, 2019 Regular and Special City Council Meetings and the draft summary for the January 10, 2019 Legislative Breakfast? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Stephanie Courtney, City Clerk DEPT: Mayor's Office _._...... . ......... .... ......... ......... ......... Attachments: Draft minutes for the February 5, 2019 Regular and Special Meetings Draft Summary for the January 10, 2019 Legislative Breakfast Options Considered: 1. Approve the minutes as presented. 2. Amend the minutes as necessary. MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: N/A Committee Initial/Date COMMITTEE RECOMMENDATION: N/A N/A Committee Chair N/A CITY CLERK APPROVAL: Council Initial/Date N/A Committee Member PROPOSED COUNCIL MOTION: `7 move approval of the minutes as presented. " (BELOW TO BE COMPLETED BY CITYCLERKS OFF/CE) N/A Committee Member COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED IST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED— 12/2016 RESOLUTION # III CIT A*** Federal Way CITY COUNCIL REGULAR MEETING MINUTES Council Chambers - City Hall February 5, 2019 — 7:00 p.m. 1. CALL MEETING TO ORDER Mayor Ferrell called the meeting to order at 7:01 p.m. �r City officials in attendance: Mayor Jim Ferrell, Deputy Mayor Susan Honda, Councilmember Lydia Assefa-Dawson, Councilmember Jesse Johnson, Councilmember Hoang Tran, Councilmember Mark Koppang, Councilmember Martin Moore and Councilmember Dini Duclos. City staff in attendance: City Attorney Ryan Call and City Clerk Stephanie Courtney 2. PLEDGE OF ALLEGIANCE Mayor Ferrell led the flag salute. 3. PRESENTATIONS DEPUTY MAYOR HONDA MOVED TO AMEND THE AGENDA TO ADD A BUSINESS ITEM TO THE AGENDA FOR COUNCIL TO DISCUSS THE $100,000 ALLOCATION FROM THE STATE FOR HOMELESSNESS; COUNCILMEMBER MOORE SECOND. The motion passed unanimously as follows: Deputy Mayor Honda yes Councilmember Koppang yes CouncilmemberAssefa-Dawson yes Councilmember Moore yes Councilmember Johnson yes Councilmember Duclos yes Councilmember Tran yes Councilmember Tran spoke about celebration of the Lunar New Year tonight. He shared it is the most important holiday in Vietnam; he wore traditional dress for this meeting in order to honor the holiday. due to inclement weather the proclamation has been postponed to the February 19 City Council Meeting. b. Proclamation: Toastmasters Week, February 3-9 Deputy Mayor Honda read and presented the proclamation to Christine Devine, Director of District 32 Toastmasters, who thanked the Mayor and Councilmembers for the recognition of "Toastmasters Week". She recognized the positive learning environment of the eleven toastmaster clubs in Federal Way. Federal Way City Council Regular Minutes Page 1 of 7 January 1 S, 2019 c. Certificates of Appointment: Lodging Tax Advisory Committee - Councilmember Moore recognized Joann Piquette, who was unable to attend tonight's meeting, for her re -appointment. • Human Services Commission - Councilmember Johnson was pleased to invite recently appointment Human Services Commissioners Cynthia Ricks- Maccotan, Ken Stark, Mary Schultz, Jack Stanford, Jack Walsh, and Julie Hiller to come forward to accept their certificates of appointment. d. Mayor's Emerging Issues and Report • Emergency Management Overview - Ray Gross, Emergency Manager Ray Gross gave a brief report on the structure of Emergency Management including the phases of EM in doing the greatest good for the greatest number. Three core objectives are: Life/Safety; Protect Property; and Preserve and Protect the Environment. Washington State is in Region X. • Admission Tax Follow -Up - Finance Director Ade Ariwoola spoke regarding the Admissions Tax and indicated no changes were recommended. Council thanked Mr. Ariwoola and asked clarifying questions regarding nonprofit agencies. IRG Update/Land Use - Community Development Director Brian Davis briefed council on the recent land use determination regarding IRG property and the history of the property. The Use Process Decision of Greenline Warehouse A has been granted indicating that the proposed use is allowed. It does not grant a building permit. He indicated that minor amendments are required for the critical area report including installing wetland buffer fencing and signage. He also reminded the city would not issue any approvals to fill wetlands until all State, Federal, or other agency permits are complete. • Recap of Council Annual Retreat - The Council Retreat held on January 26 was a great retreat where communication styles were evaluated and discussed; upcoming changes to Councils Rules of Procedure will be brought back to Council for future action. • MLK Jr Event & Food Drive Report - Community Services Manager Jeff Watson and three members of the Diversity Commission gave a report and thanked the Mayor and Council for participating in this great event that supports the Multi - Service Center and Senior Center. • MLK Jr. Art Contest - Deputy Mayor Honda showed the audience the winning project and thanked the students who participated in the contest. • Police Recruitment - Chief of Police Andy Hwang reported on the effort to recruit Federal Way residents for entry level Police Officer positions. An informational meeting was held on January 19. Chief Hwang was pleased to see 40 individuals attend the meeting and a total of 110 applicants were tested at Federal Way High School for both physical agility and a written exam. He is optimistic the department will hire off this list. Federal Way City Council Regular Minutes Page 2 of 7 January 15, 2/19 • Mayor Ferrell reported on community events: Federal Way Mirror Open House (1/24); PSE Transformer dedication (1/24); and the Mayor's Facebook Live Town Hall (1/24). e. Council Committee Reports Finance, Economic Development Regional Affairs Committee (FEDRAC) — Chair Duclos indicated their January meeting agenda was robust due to cancelled meeting in December. Many of those items are on the Consent Agenda for this meeting. Lodging Tax Advisory Committee (LTAC) — Chair Moore highlighted the banners in the downtown corridor highlighting the PAC 12 Championships. Land Use/Transportation Committee (LUTC) — Chair Koppang highlighted agenda items including the Downtown Staircase and Future Redevelopment of the target sight in that area- generations will be able to appreciate this area. Needs to be clearly understood that zero general funds will be used- this will be funded by grants. Parks/Recreation/Human Services/Public Safety Committee (PRHSPS)—Chair Johnson indicated that the upcoming meeting will include discussion on the Park, Recreation, and Open Space Plan a well as the proposed FUSION project. Deputy Mayor Report reported on the recent Council Retreat speaking about their discussions on communication styles, council rules, and ethics. CouncilmemberAssefa-Dawson attended the Highline Forum on January 23 and thanked Yarden Weidenfeld, Senior Policy Advisor, for attending and representing Federal Way interests. 4. CITIZEN COMMENT TaShawna Nash spoke regarding her concerns about the building plans for Warehouse A located on the former Weyerhaeuser property. She shared concerns regarding the size of the proposed structure as well as the increased semi -truck traffic. Bernedine Lund thanked Mayor Ferrell for his comments in relation to a bill proposed at senate regarding the addition of an airport in Washington State by the year 2040. She also shared her review of the warehouses proposed by Industrial Realty Group (IRG). Peggy LaPorte spoke on behalf of the FUSION board of directors announcing that they have entered into a purchase and sales agreement for the Econo Lodge; this would serve as a 22 room facility for serving homeless families in emergency situations. The board has submitted a grant request to the city for $40,000 to help with development costs however they will need additional funds. Cheryl Hurst spoke on behalf of the Do the Right Thing non-profit and their upcoming diaper and wipe drive. This year's goal is to collect 100,000 diapers and 60,000 wipes. Betty Taylor declined the opportunity to speak. Linda Kochmar declined the opportunity to speak. Richard Pierson wants to find a better plan for the former Weyerhaeuser property and shared his Federal Way City Council Regular Minutes Page 3 of 7 January 15, 2019 dismay regarding the elimination of the forest buffer. Jenny Ferguson urged council to implement a rental inspection program and shared her experience with a landlord who was not accountable. Ashley Cornier provided a rental inspection proposal and urged council to address this issue. Joceyln Miller's friend read her written statement regarding issues she has had with her apartment complex including mold and broken appliances. She urged the city to please pass the rental inspection ordinance. Lamont Styles spoke regarding several topics including small businesses, use of money saved from withdrawing from SCORE, youth programs, and the proposal on the former Weyerhaeuser Campus. Lynn Idahosa commended the Mayor and Council for recent use of social media to connect with the people of Federal Way. She also spoke in favor of a rental inspection program. Debra Hansen urged citizens to speak up and let their voices be heard. Citizens in other surrounding cities have been able to save properties in their cities through collaboration. Rachel Bell spoke in favor of the rental inspection program. She shared of the poor living conditions at her apartment complex and the resistance from their landlord. Allison Taylor shared concerns regarding the proposed $30 car tab initiative and the impact it could have on Federal Way. She also spoke in support of Washington CAN and of a rental inspection program. Xel Delplo thanked the City of Federal Way for the Martin Luther King Jr. presentation and looks forward to future ones. She also thanked the Mayor and Deputy Mayor for allowing Councilmember Tran to wear his traditional attire to celebrate the Lunar New Year. Jack Walsh shared his concern there is not a crosswalk between the Best Buy and Joann Fabrics complexes and it poses potential danger. 5. CONSENT AGENDA a. Minutes: January 15, 2019 Regular and Special Meeting b. Vouchers — November 2018 c. Vouchers — December 2018 d. Monthly Financial Report — November 2018 e. Community Center AV System — Project Acceptance f. APC UPS (Universal Power Supply) Replacement — Project Acceptance g. Performing Arts & Event Center (PAEC) Exterior Signage Contract h. Tourism Enhancement Grant Recommendation — January to June 2019 i. Federal Way Historical Society Funding DEPUTY MAYOR HONDA MOVED APPROVAL OF ITEMS A THROUGH I ON THE CONSENT AGENDA; COUNCILMEMBER ASSEFA-DAWSON SECOND. The motion passed unanimously as follows: Federal Way City Council Regular Minutes Page 4 of 7 January 15, 2019 Deputy Mayor Honda yes Councilmember Koppang yes CouncilmemberAssefa-Dawson yes Councilmember Moore yes Councilmember Johnson yes Councilmember Duclos yes Councilmember Tran yes 6. COUNCIL BUSINESS a. Proposed Settlement Agreement Regarding the Garco Claim City Attorney Ryan Call noted this proposed settlement agreement is in response to a claim with Garco Construction who built the Performing Arts and Event Center. He indicated we had counter claims and this will complete the settlement process. DEPUTY MAYOR HONDA MOVED APPROVAL OF THE PROPOSED SETTLEMENT AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND GARCO CONSTRUCTION, INC.; SECOND BY COUNCILMEMBER DUCLOS. The motion passed unanimously as follows with Councilmember Moore recused as they were donors to his campaign: Deputy Mayor Honda yes Councilmember Koppang yes CouncilmemberAssefa-Dawson yes Councilmember Moore recused Councilmember Johnson yes Councilmember Duclos yes Councilmember Tran yes b. ADDED ITEM: Council discussion on $100,000 State Allocation for Homelessness in Federal Way Deputy Mayor Honda spoke to this item. She noted the Council previously approved a distribution of $60,000 towards Hotel/Motel vouchers and $40,000 for predevelopment costs for a shelter in Federal Way from the $100,000 state allocation in 2018 for homelessness. Deputy Mayor was pleased to announce since that Council meeting, she was notified FUSION now has a property under contract with an estimated closing date of June 1 for the purpose of sheltering homeless. She has spoken to staff and understands there are questions regarding timelines and recommendations; she would like Council to discuss options of modifying the allocation split to provide more to predevelopment costs for the FUSION shelter. Councilmembers asked staff clarifying questions regarding the process to date and responses the city has received for the current allocations. Community Services Manager Jeff Watson stated four agencies responded for the vouchers; one of which did not meet the criteria. Only FUSION responded for the predevelopment allocation. Councilmembers noted concern with the tight timeline in spending the money and retuning to the state with another modified request. Mr. Watson noted FUSION provided a letter of interest for the $40,000 and is currently working on an application. He noted they are working on an accelerated schedule to ensure the best opportunity to spend the funds by the deadline. DEPUTY MAYOR HONDA MOVED TO SUSPEND COUNCIL RULES AND EXTEND THE MEETING PAST 10:00 P.M.; COUNCILMEMBER ASSEFA-DAWSON SECOND. The motion passed unanimously as follows: Deputy Mayor Honda yes Councilmember Koppang yes CouncilmemberAssefa-Dawson yes Councilmember Moore yes Councilmember Johnson yes Councilmember Duclos yes Councilmember Tran yes Councilmembers continued to discuss the pros and cons of modifying the allocation split to Federal Way City Council Regular Minutes Page 5 of 7 January 15, 2019 award more money to FUSION for their proposed shelter and a smaller award to hotel/motel vouchers within the timeframe. Councilmember Assefa-Dawson and Councilmember Koppang are supportive of FUSION's EconoLodge project, however, they stated they prefer to continue forward with the previous decision due to the tight timeline. DEPUTY MAYOR HONDA MOVED TO REALLOCATE THE STATE FUNDING OF $100,000 TO $60,000 TO FUSION FOR PREDEVELOPMENT COSTS ASSOCIATED WITH THE ECONOLODGE PURCHASE AND $40,000 TO HOTEL/MOTEL VOUCHERS; SECOND BY COUNCILMEMBER DUCLOS. The motion passed 5-2 as follows: Deputy Mayor Honda Councilmember Assefa-Dawson Councilmember Johnson Councilmember Tran 7. ORDINANCES yes Councilmember Koppang no no Councilmember Moore yes yes Councilmember Duclos yes yes First Reading a. Council Bill #753/ Grantinq the Central Puget Sound Regional Transit Authority a Transit Way Agreement AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, GRANTING THE CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY A TRANSIT WAY AGREEMENT FOR THE NON-EXCLUSIVE USE OF CERTAIN PUBLIC RIGHTS-OF- WAY FOR A LIGHT RAIL TRANSIT WAY RELATED TO THE FEDERAL WAY LINK EXTENSION PROJECT. Sound Transit Liaison Tony Doucette provided a briefing on the proposed agreement indicating it is essentially a franchise agreement allowing construction, operation, and maintenance of a light rail transit system. The land use issues and development requirements will be addressed separately. City Clerk Stephanie Courtney read the ordinance title into the record. COUNCILMEMBER KOPPANG MOVED TO FORWARD THE PROPOSED ORDINANCE TO THE FEBRUARY 19, 2019 COUNCIL MEETING FOR SECOND READING AND ENACTMENT; COUNCILMEMBER ASSEFA-DAWSON SECOND. The motion passed 6-1 as follows: Deputy Mayor Honda Councilmember Assefa-Dawson Councilmember Johnson Councilmember Tran 8. COUNCIL REPORTS yes Councilmember Koppang yes yes Councilmember Moore yes yes Councilmember Duclos no yes Councilmember Assefa-Dawson stated the rental inspection ordinance put forward by Washington CAN is very important; she whole-heartedly supports it. Councilmember Johnson spoke regarding the proposed rental inspection program and believes the three most important components are life safety, health, and accessibility. He wants to review the grandfather clause as this will pertain to buildings constructed in the 1970s and earlier. Councilmember Tran appreciated the Council Retreat and learning about the different Federal Way City Council Regular Minutes Page 6 of 7 January 15, 2019 communication styles and working together as a council. He shared an announcement that the King County Public Health mobile medical and dental units will be in Federal Way on both February 14 and 19. He expressed appreciation for being able to wear his traditional outfit for the Lunar New Year celebration to honor his culture. Councilmember Koppang appreciated the debate that occurred tonight. He remains committed to support FUSION and hopes that the change in fund allocation will be fully utilized. He spoke about the revitalization he has seen while traveling across the nation which inspires him for Federal Way and its future. Councilmember Moore agreed with Councilmember Koppang stating that he appreciated the debate had this evening. He spoke regarding the retreat expressing his interest in the communication styles. He thanked the Diversity Commission for their hard work preparing the Martin Luther King Jr. Day Celebration and the 2019 Roger Freeman Award winner Sophia Vazquez. He also appreciates Washington CAN as well the issues they fight for and is eager to support the rental inspection ordinance. Councilmember Duclos also supports a rental ordinance. She officially announced she will not run for reelection after the expiration of her current term. Deputy Mayor Honda also wants people to have safe and healthy living conditions but wants to be sure Council considers the landlords as well. She expressed her excitement that the Econo Lodge contract has been signed and there will be a family shelter in Federal Way in the coming months. 9. EXECUTIVE SESSION 9 Potential I itigatinn nU FS pant to RGVV 42.30.11 Q(1)(i) not needed 10. ADJOURNMENT There being nothing further on the agenda; the Special Meeting was adjourned at 11:00 p.m. Attest: Stephanie Courtney City Clerk Approved by Council: Federal Way Cary Council Regular Minutes Page 7 of 7 January 15, 2019 FCITY deral Way CITY COUNCIL SPECIAL MEETING MINUTES Council Chambers - City Hall February 5, 2019 — 5:00 p.m. 14l_11111111111111Ji1:1 =111 Ilk, Mayor Ferrell called the meeting to order at 5:00 p.m. 11#V*4*&*r City officials in attendance: Mayor Jim Ferrell, Deputy Mayor Susan Honda, Councilmember Lydia Assefa-Dawson, Councilmember Jesse Johnson, Councilmember Hoang Tran, Councilmember Mark Koppang, Councilmember Martin Moore and Councilmember Dini Duclos. City staff in attendance: City Attorney Ryan Call and City Clerk Stephanie Courtney 2. PLEDGE OF ALLEGIANCE Mayor Ferrell led the flag salute. 3. STUDY SESSION — CITY COUNCIL RETREAT FOLLOW-UP Mayor Ferrell indicated that the following items are being presented as a continuation of the discussions held at the Council Retreat. Due to time constraints there was not as much opportunity for these items to receive full presentations and Council questions. Crime & Public Safety — Police Chief Andy Hwang Chief of Police Andy Hwang completed his presentation reviewing the two remaining slides from his Powerpoint. These slides were related to reducing violence which highlighted the need to reduce dependency on drugs, the influence of violence (entertainment, abusive home life, etc.), and the safe storage of firearms. Council thanked Chief Hwang for his presentation and asked questions regarding crime statistics and the reduction of gun violence. Economic Development - Economic Development Director Tim Johnson Economic Development Director Tim Johnson highlighted the increase in property values for commercial properties due to their proximity to the proposed light rail station. This station will bring about a change in Federal Way's business marketplace. Mr. Johnson overviewed the economic development plan for the next ninety days including the submittal of the Port of Seattle Grant, Off -Season Tourism Analysis, Tourism Economic Baseline Study, NWC Championships/PAC-12 Championships, and responding to ongoing Federal Way City Council Special Minutes Page I of 2 February S, 2019 business inquiries. Council thanked Mr. Johnson for his presentation and asked questions regarding the future of the Commons Mall; relocation of businesses due to the light rail and the potential need for changes to the zoning/development requirements in the City Center Core. 4. EXECUTIVE SESSION At 6:24 p.m. Mayor Ferrell adjourned into Executive Session for the purpose of discussing potential litigation pursuant to RCW 42.30.110(1)(i) for approximately thirty (30) minutes. Potential Litigation pursuant to RCW 42.30.110(1)(i) 4IIIIIIIIIIIIIE111a16111.7alril4►III I There being nothing further on the agenda; the Special Meeting was adjourned at 6:42 p.m. Attest: Stephanie Courtney City Clerk Approved by Council: Federal Wary City Council Special Minutes Page 2 of 2 February 5, 2019 CIT Fe deral Way CITY COUNCIL SPECIAL MEETING ANNUAL LEGISLATIVE BREAKFAST SUMMARY Federal Way Community Center, Breakout Room C January 10, 2019 — 8:00 a.m. 1. CALL MEETING TO ORDER Mayor Ferrell called the meeting to order at 8:02 a.m. 11)?*4*&*r City officials in attendance: Mayor Jim Ferrell, Deputy Mayor Susan Honda, Councilmember Lydia Assefa-Dawson, Councilmember Jesse Johnson, Councilmember Hoang Tran, Councilmember Mark Koppang, Councilmember Martin Moore and Councilmember Dini Duclos. 30th District Legislators in attendance: Senator -Elect Claire Wilson, Representative Kristine Reeve and Legislative Staffer Katie Dean on behalf of Representative Mike Pellicciotti who was unable to attend the meeting. 2. LEGISLATORS' GOALS 30th District Legislators introduced themselves and thanked the Mayor and Council for the invitation to meet to discuss important issues in Federal Way. 3. DISCUSSION OF PRIORITIES FOR THE 2019 LEGISLATIVE SESSION a. Education — Deputy Mayor Honda and Councilmember Johnson spoke in full support of the Federal Way Public Schools (FWPS) legislative agenda. b. Crime and Public Safety — Councilmembers Johnson and Koppang spoke in support of additional funding for the Police Academy to address the shortage of entry-level police officers and $80,000 for a work crew program. They also spoke to the request for funding of the Federal Way Violence Prevention Coalition Steering Committee (VPCSC) recommendations. c. Homelessness — Deputy Mayor Honda and Councilmember Moore spoke to the request for funding to address multiple concerns related to homelessness in the city. Funds requested would be for sheltering homeless families with children, implementation and support of a local/regional services website, and hiring dedicated staff to coordinate services for those experiencing homelessness. d. Transportation — Councilmembers Tran and Koppang spoke regarding transportation improvement projects which would be possible at various funding levels. Federal Way City Council Special Minutes Page 1 of '2 January 10, 2019 e. Aircraft Issues — Councilmembers Assefa-Dawson and Duclos spoke in support of funding ongoing studies at the University of Washington, amending the Revised Code of Washington to increase noise abatement programs, and the Washington State Legislature Joint Transportation Committee Air Cargo Movements Study. Economic Development— CouncilmemberAssefa-Dawson and Duclos spoke in support of Engrossed Substitute House Bill 2914 which would increase public awareness about proper recycling and solid waste. They also spoke in support of funding a collaborative study with the University of Washington Department of Urban Design and Planning regarding the impact of the new Federal Way LINK Light Rail construction in relation to economic development opportunities. g. Land Acquisition — Councilmembers Tran and Moore spoke to the request of $1 million for land acquisition west of North Lake on the former Weyerhaeuser Campus. 4. WRAP-UP AND ADJOURNMENT There being nothing further on the agenda; Mayor Ferrell adjourned the Special Meeting at 9:05 a.m. Attest: Stephanie Courtney City Clerk Approved by Council: Federal Wary City Council Special Minutes Page 2 of 2 January 10, 2019 6a COUNCIL MEETING DATE: February 19, 2019 ITEM #: ..........._....................................................................................................................................... ...--- ......................................... ......................... . ...... .............................................................. CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: DOWNTOWN STAIRCASE — BID AWARD POLICY QUESTION: Should City Council award the Downtown Staircase Project to the lowest responsive, responsible bidder? COMMITTEE: LUTC MEETING DATE: Feb. 4, 2019 CATEGORY: ED Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Christine Mullen, P. ., treet Systems Project Engr. DEPT: Public Works Attachments: Staff Report Options Considered: 1. Award the Downtown Staircase Project to R.L. Alia Company, the lowest responsive, responsible bidder, in the amount of $2,615,381.00 and approve a 10% contingency of $261,538.10, for a total amount of $2,876,919.10 and authorize the Mayor to execute the contract. 2. Reject all bids for the Downtown Staircase Project and direct staff to rebid the project and return to Committee for further action. MAYOR'S RECOMMENDATION: The Mayor recommends approval of Option 1. MAYOR APPROVAL: Initial/Date Initial/Date DIRECTOR APPROVAL: Initial/Date us,ness COMMITTEE RECOMMENDATION: I move to forward Option 1 to the February 19, 2019 City Council eansen� agenda for approval. t4 IA- N N /& Mark Koppang, Committee Chair Jesse Johnson, Committee Member Hoang Tran, Committee Member PROPOSED COUNCIL MOTION: "I move to authorize staff to award the Downtown Staircase Project to R.L. Alia Company, the lowest responsive, responsible bidder, in the amount of $2,615,381.00, and approve a 10% contingency of $261,538.10, for a total amount of $2,876,919.10, and authorize the Mayor to execute the contract. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 12/2017 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: February 4, 2019 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Publico` Director Christine J. Mullen, P. treet Systems roject Engineer SUBJECT: Downtown Staircase — Bid Award FINANCIAL IMPACTS: This project was included and is projected to be completed within the approved budget under capital project #201. In accordance with the approved budget this project is funded by a grant from King County Metro in the amount of $500,000 and the remainder in City funds. The City funds are comprised of $125,000 in budgeted city funds, $60,000 in REET funds, $486,408 in Impact Fees, and $3,000,000 in LIFT funds. Upon completion of this project, ongoing costs associated with operations and maintenance will be performed and funded through streets maintenance. Funding requirements for operations and maintenance of infrastructure is reviewed and adjusted as required during the budget process. BACKGROUND: Six bids were received and opened on January 10, 2019 for the Downtown Staircase project. Please see attached Bid Tabulation Summary. The lowest responsive, responsible bidder is R.L. Alia Company with a total bid of $2,615,381.00 (base bid plus all three bid alternatives). PROJECT ESTIMATED EXPENDITURES: Design $278,250 Right -of -Way $560,000 2019 Construction Cost $2,615,381 10% Construction Contingency $261,538 Construction Management $250,000 TOTAL PROJECT COSTS $3,965,169 PROJECT AVAILABLE FUNDING: Budgeted City Funds (2017) $125,000 LIFT Fund (2016) $500,000 LIFT Fund Transfer (2017) $1,500,000 LIFT Fund (2018) $1,000,000 REET (2018) $60,000 Impact Fee Transfer $486,408 Regional Mobility Grant (King Co. Metro) $500,000 TOTAL AVAILABLE BUDGET $4,171,408 PROJECT BALANCE $206,239 DOWNTOWN STAIRCASE RFB #19-002 / PROJECT #201 BID OPENING DATE JANUARY 10, 2019 Vendor Name --> Location --> Bid #1 R. L. Alia Company Renton, WA Bid #2 Active Construction, Inc. Puyallup, WA Bid#3 Global Contractors, LLC Eatonville, WA Bid #4 Highmark Concrete Contractors Buckley, WA Bid #5 Sound Pacific Construction Gig Harbor, WA Bid #6 Ceccanti Tacoma, WA Engineers Estimate BID SCHEDULE A: DOWNTOWN STAIRCASE BASE BID(Roadway Improvements) Item # Bid Item Description Unit Plan Qty Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total 1 UNEXPECTED SITE CHANGES FA 1 $ 20,000.00 $ 20,000.00 $ 20,000.00 $ 20,000.00 $ 20,000.00 $ 20,000.00 $ 20,000.00 $ 20.000.00 $ 20,000.00 $ 20,000.00 $ 20,000.00 $ 20,000.00 $ 20,000.00 $ 20,000.00 2 STRUCTURE SURVEYING LS 1 $ 8,000.00 $ 8,000.00 $ 14,000.00 $ 14,000.00 $ 20,000.00 $ 20,000.00 $ 14,500.00 $ 14.500.00 $ 14,000.00 $ 14,000.00 $ 37,000.00 $ 37,000.00 $ 30,000.00 $ 30,000.00 3 ROADWAY SURVEYING LS 1 $ 29,000.00 $ 29,000.00 $ 11,000.00 $ 11,000.00 $ 20,000.00 $ 20,000.00 $ 12,000.00 $ 12,000.00 $ 12,000.00 $ 12,000.00 $ 25,000.00 $ 25,000.00 $ 15,000.00 $ 15,000.00 4 ADA FEATURES SURVEYING LS 1 $ 1,500.00 $ 1,500.00 $ 2,150.00 $ 2,150.00 $ 20,000.00 $ 20,000.00 $ 2,150.00 $ 2,150.00 $ 2,000.00 $ 2,000.00 $ 5,000.00 $ 5,000.00 $ 10,000.00 $ 10,000.00 5 AS -BUILT SURVEY & RECORD LS 1 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 4,800.00 $ 4,800.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 6 MOBILIZATION LS 1 $ 215,000.00 $ 215,000.00 $ 274,488.50 $ 274,488.50 $ 250,000.00 $ 250,000.00 $ 317,000.00 $ 317,000.00 $ 212,000.00 $ 212,000.00 $ 300.000.00 $ 300,000.00 $250,000.00 $ 250,000.00 7 FLAGGERS AND SPOTTERS HR 150 $ 50.00 $ 7,500.00 $ 65.00 $ 9,750.00 $ 60.00 $ 9,000.00 $ 65.00 $ 9,750.00 $ 62.00 $ 9,300.00 $ 55.00 $ 8,250.00 $ 70.00 $ 10,500.00 8 TRAFFIC CONTROL SUPERVISOR LS 1 $ 4,000.00 $ 4,000.00 $ 5,000.00 $ 5.000.00 $ 5,000.00 $ 5,000.00 $ 30,000.00 $ 30,000.00 $ 15,000.00 $ 15,000.00 $ 25,000.00 $ 25,000.00 $ 15,000.00 $ 15,000.00 9 OTHER TEMPORARY TRAFFIC LS 1 $ 2,000.00 $ 2,000.00 $ 2,500.00 $ 2,500.00 $ 10,000.00 $ 10,000.00 $ 26,000.00 $ 26,000.00 $ 3,000.00 $ 3,000.00 $ 15,000.00 $ 15,000.00 $ 15,000.00 $ 15,000.00 10 CLEARING AND GRUBBING LS 1 $ 5,000.00 $ 5,000.00 $ 15,000.00 $ 15,000.00 $ 5,000.00 $ 5,000.00 $ 12,000.00 $ 12,000.00 $ 14,000.00 $ 14,000.00 $ 7,000.00 $ 7,000.00 $ 8,000.00 $ 8,000.00 11 REMOVAL OF STRUCTURES AND LS 1 $ 75,000.00 $ 75,000.00 $ 65,000.00 $ 65,000.00 $ 150,000.00 $ 150,000.00 $ 260,000.00 $ 260,000.00 $ 59,000.00 $ 59,000.00 $ 65,000.00 $ 65,000.00 $150,000.00 $ 150,000.00 12 ROADWAY EXCAVATION INCL. HAUL LS 1 $ 5,000.00 $ 5,000.00 $ 150,000.00 $ 150,000.00 $ 200,000.00 $ 200,000.00 $ 335,000.00 $ 335,000.00 $ 425,000.00 $ 425,000.00 $ 400,000.00 $ 400,000.00 $160,000.00 $ 180,000.00 13 SHORING OR EXTRA EXCAVATION SF 1,000 $ 0.10 $ 100.00 $ 13.50 $ 13,500.00 $ 15.00 $ 15,000.00 $ 2.50 $ 2,500.00 $ 1.00 $ 1,000.00 $ 2.00 $ 2,000.00 $ 13.00 $ 13,000.00 14 CONSTRUCTION GEOTEXTILE FOR UNDERGROUND DRAINAGE SY 425 $ 2.00 $ 850.00 $ 3.00 $ 1,275.00 $ 5.00 $ 2,125.00 $ 17.00 $ 7,225.00 $ 3.00 $ 1,275.00 $ 2.00 $ 850.00 $ 3.00 $ 1,275.00 15 HMA FOR PAVEMENT REPAIR CL. 1/2 IN. PG 6422 TN 46 $ 300.00 $ 13,800.00 $ 270.00 $ 12,420.00 $ 300.00 $ 13,800.00 $ 235.00 $ 10,810.00 $ 195.00 $ 8,970.00 $ 200.00 $ 9,200.00 $ 195.00 $ 8,970.00 16 CONC. CLASS 4000 FOR STAIRS CY 235 $ 1,000.00 $ 235,000,00 $ 1,500.00 $ 352,500.00 $ 1,250.00 $ 293,750.00 $ 890.00 $ 209,150.00 $ 1,250.00 $ 293,750.00 $ 1,800.00 $ 423,000.00 $ 1,350.00 $ 317,250.00 17 CONC. CLASS 4000 FOR TERRACE CY 70 $ 1,000.00 $ 70,000.00 $ 1,500.00 $ 105,000.00 $ 1,500.00 $ 105,000.00 $ 1,173.00 $ 82,110.00 $ 1,500.00 $ 105,000.00 $ 1,800.00 $ 126,000.00 $ 1,500.00 $ 105,000.00 18 TEXTURED AND PIGMENTED CEMENT CONCRETE PAVEMENT SY 650 $ 200.00 $ 130,000.00 $ 250.00 $ 162,500.00 $ 175.00 $ 113,750.00 $ 238.20 $ 154,830.00 $ 180.00 $ 117,000.00 $ 260.00 $ 169,000.00 $ 260.00 $ 169,000.00 19 ST. REINF. BAR FOR STAIRS LB 35,600 $ 5.00 $ 178,000.00 $ 2.25 $ 80.100.00 $ 2.50 $ 89,000.00 $ 1.40 $ 49,840.00 $ 6.50 $ 231,400.00 $ 2.00 $ 71,200.00 $ 2.25 $ 80,100.00 20 ST. REINF. BAR FOR TERRACE BLOCKS LB 10,500 $ 5.00 $ 52,500.00 $ 2.25 $ 23.625.00 $ 2.50 $ 26,250.00 $ 1.40 $ 14,700.00 $ 5.50 $ 57,750.00 $ 2.00 $ 21,000.00 $ 2.25 $ 23,625.00 21 ST. REINF. BAR FOR TEXTURED & PIGMENTED CEMENT CONC. LB 10,200 $ 5.00 $ 51,000.00 $ 2.25 $ 22,950.00 $ 2.50 $ 25,500.00 $ 1.40 $ 14,280.00 $ 4.50 $ 45,900.00 $ 2.00 $ 20,400.00 $ 2.25 $ 22,950.00 22 CONC. CLASS 5000 FOR RETAINING CY 75 $ 1,000.00 $ 75,000.00 $ 1,250.00 $ 93,750.00 $ 1,500.00 $ 112,500.00 $ 1,800.00 $ 135,000.00 $ 1,300.00 $ 97,500.00 $ 1,800.00 $ 135,000.00 $ 1,610.00 $ 120,750.00 23 CONC. CLASS 4000 FOR FOUNDATIONS CY 80 $ 1,000.00 $ 80,000.00 $ 1,150.00 $ 92,000.00 $ 1,000.00 $ 80,000.00 $ 614.00 $ 49,120.00 $ 1,150.00 $ 92,000.00 $ 1,800.00 $ 144,000.00 $ 1,610.00 $ 128,800.00 24 ST. REINF. BAR FOR RETAINING WALLS LB 24,500 $ 5.00 $ 122,500.00 $ 2.25 $ 55,125.00 $ 2.50 $ 61,250.00 $ 1.40 $ 34,300.00 $ 5.00 $ 122,500.00 $ 2.00 $ 49,000.00 $ 2.25 $ 55,125.00 25 ST. REINF. BAR FOR FOUNDATIONS LB 5,410 $ 5.00 $ 27,050.00 $ 2.25 $ 12,172.50 $ 2.50 $ 13,525.00 $ 1.40 $ 7,574.00 $ 5.00 $ 27,050.00 $ 2.00 $ 10,820.00 $ 2.25 $ 12,172.50 26 UNDERDRAIN PIPE 41N. DIAM. LF 65 $ 50.00 $ 3,250.00 $ 31.00 $ 2.015.00 $ 30.00 $ 1,950.00 $ 33.00 $ 2,145.00 $ 49.00 $ 3,185.00 $ 20.00 $ 1,300.00 $ 30.00 $ 1,950.00 27 UNDERDRAIN PIPE 6 IN. DIAM. LF 985 $ 50.00 $ 49,250.00 $ 31.00 $ 30,535.00 $ 40.00 $ 39,400.00 $ 23.00 $ 22,655.00 $ 48.00 $ 47,280.00 $ 20.00 $ 19,700.00 $ 34.00 $ 33,490.00 28 GRAVEL BACKFILL FOR DRAIN CY 80 $ 40.00 $ 3,200.00 $ 90.00 $ 7,200.00 $ 80.00 $ 6,400.00 $ 40.00 $ 3,200.00 $ 57.00 $ 4,560.00 $ 60.00 $ 4,800.00 $ 70.00 $ 5,600.00 29 STORM CLEANOUT EA 39 $ 300.00 $ 11,700.00 $ 400.00 $ 15,600.00 $ 200.00 $ 7,800.00 $ 779.00 $ 30,381.00 $ 600.00 $ 23,400.00 $ 450.00 $ 17,550.00 $ 150.00 $ 5,850.00 30 RECONSTRUCT FOOTING DRAIN LS 1 $ 2,000.00 $ 2,000.00 $ 4,700.00 $ 4,700.00 $ 10,000.00 $ 10,000.00 $ 8,025.00 $ 8,025.00 $ 2,000.00 $ 2,000.00 $ 3,500.00 $ 3,500.00 $ 15,700.00 $ 15,700.00 31 CORRUGATED POLYETHYLENE STORM SEWER PIPE 41N. DIAM. LF 66 $ 250.00 $ 16,500.00 $ 27.00 $ 1,782.00 $ 50.00 $ 3,300.00 $ 39.00 $ 2,574.00 $ 55.00 $ 3,630.00 $ 24.00 $ 1,584.00 $ 55.00 $ 3,630.00 32 CORRUGATED POLYETHYLENE STORM SEWER PIPE 61N. DIAM. LF 35 $ 250.00 $ 8,750.00 $ 36.00 $ 1,260.00 $ 60.00 $ 2,100.00 $ 41.00 $ 1,435.00 $ 55.00 $ 1,925.00 $ 28.00 $ 980.00 $ 60.00 $ 2,100.00 33 CORRUGATED POLYETHYLENE STORM SEWER PIPE 81N. DIAM. LF 130 $ 250.00 $ 32,500.00 $ 45.00 $ 5,850.00 $ 70.00 $ 9,100.00 $ 51.00 $ 6,630.00 $ 65.00 $ 8,450.00 $ 32.00 $ 4,160.00 $ 70.00 $ 9,100.00 34 CORRUGATED POLYETHYLENE STORM SEWER PIPE 12 IN. DIAM. LF 90 $ 250.00 $ 22,500.00 $ 48.00 $ 4,320.00 $ 100.00 $ 9,000.00 $ 49.00 $ 4,410.00 $ 68.00 $ 6,120.00 $ 37.00 $ 3,330.00 $ 85.00 $ 7,650.00 35 CORRUGATED POLYETHYLENE STORM SEWER PIPE 15 IN. DIAM. LF 135 $ 250.00 $ 33,750.00 $ 48.00 $ 6,480.00 $ 100.00 $ 13,500.00 $ 70.00 $ 9,450.00 $ 73.00 $ 9,855.00 $ 40.00 $ 5,400.00 $ 95.00 $ 12,825.00 36 DUCTILE IRON STORM SEWER PIPE 12 LF 75 $ 250.00 $ 18,750.00 $ 130.00 $ 9,750.00 $ 135.00 $ 10,125.00 $ 175.00 $ 13,125.00 $ 147.00 $ 11,025.00 $ 65.00 $ 4,875.00 $ 100.00 $ 7,500.00 37 CATCH BASIN TYPE 1 EA 7 $ 3,000.00 $ 21,000.00 $ 1,500.00 $ 10,500.00 $ 2,000.00 $ 14,000.00 $ 2,357.00 $ 16,499.00 $ 1,500.00 $ 10,500.00 $ 1,350.00 $ 9,450.00 $ 2,000.00 $ 14,000.00 38 CATCH BASIN TYPE 2 48 IN. DIAM. EA 12 $ 5,000.00 $ 60,000.00 $ 4,150.00 $ 49,800.00 $ 4,000.00 $ 48,000.00 $ 5,890.00 $ 70,680.00 $ 2,600.00 $ 31,200.00 $ 5,000.00 $ 60,000.00 $ 4,000.00 $ 48,000.00 39 CONNECTION TO DRAINAGE EA 5 $ 1,500.00 $ 7,500.00 $ 1,050.00 $ 5,250.00 $ 1,100.00 $ 5,500.00 $ 707.00 $ 3,535.00 $ 900.00 $ 4,500.00 $ 1,250.00 $ 6,250.00 $ 1,150.00 1 $ 5,750.00 40 CAP EXISTING WATER MAIN EA 1 $ 1,500.00 $ 1,500.00 $ 1,500.00 $ 1,500.00 $ 2,500.00 $ 2,500.00 $ 2,871.00 $ 2,871.00 $ 700.00 $ 700.00 $ 1,850.00 $ 1,850.00 $ 2,500.00 $ 2,500.00 41 INLET PROTECTION EA 7 $ 50.00 $ 350.00 $ 100.00 $ 700.00 $ 70.00 $ 490.00 $ 395.00 $ 2,765.00 $ 75.00 $ 525.00 $ 60.00 $ 420.00 $ 100.00 $ 700.00 42 SILT FENCE LF 865 $ 5.00 $ 4,325.00 $ 6.00 $ 5,190.00 $ 5.00 $ 4,325.00 $ 18.00 $ 15,570.00 $ 5.00 $ 4,325.00 $ 5.00 $ 4,325.00 $ 5.00 $ 4,325.00 43 EROSION / WATER POLLUTION FA 1 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 44 TOPSOIL TYPE Al CY 358 $ 40.00 $ 14,320.00 $ 48.00 $ 17,184.00 $ 130.00 $ 46,540.00 $ 129.00 $ 46,182.00 $ 40.00 $ 14,320.00 $ 40.00 $ 14,320.00 $ 102.00 $ 36,516.00 45 TOPSOIL TYPE A2 CY 56 $ 40.00 $ 2,240.00 $ 48.00 $ 2,688.00 $ 40.00 $ 2,240.00 $ 39.00 $ 2,184.00 $ 40.00 $ 2,240.00 $ 40.00 $ 2,240.00 $ 40.00 $ 2,240.00 46 SHREDDED BARK MULCH CY 61 $ 55.00 $ 3,355.00 $ 67.00 $ 4,087.00 $ 60.00 $ 3,660.00 $ 58.00 $ 3,538.00 $ 54.00 $ 3,294.00 $ 50.00 $ 3,050.00 $ 45.00 $ 2,745.00 47 PSIPE AMELANCHIER ARBOREA AUTUMN BRILLIANCE' EA 3 $ 475.00 $ 1,425.00 $ 550.00 $ 1,650.00 $ 500.00 $ 1,500.00 $ 540.00 $ 1,620.00 $ 475.00 $ 1,425.00 $ 450.00 $ 1,350.00 $ 450.00 $ 1,350.00 48 PSIPE PRUNUS X YEDOENSIS EA 6 $ 450.00 $ 2,700.00 $ 550.00 $ 3,300.00 $ 500.00 $ 3,000.00 $ 573.00 $ 3,438.00 $ 425.00 $ 2,550.00 $ 400.00 $ 2,400.00 $ 450.00 $ 2,700.00 49 PSIPE ROBINIA PSEUDOACACIA'FRISIA' EA 21 $ 475.00 $ 9,975.00 $ 550.00 $ 11,550.00 $ 700.00 $ 14,700.00 $ 573.00 $ 12,033.00 $ 475.00 $ 9,975.00 $ 450.00 $ 9,450.00 $ 450.00 $ 9,450.00 50 PSIPE CORNUS SERICEA'KELSEYI' EA 206 $ 15.00 $ 3,090.00 $ 17.00 $ 3,502.00 $ 15.00 $ 3,090.00 $ 10.00 $ 2,060.00 $ 15.00 $ 3,090.00 $ 10.00 $ 2,060.00 $ 12.00 $ 2,472.00 51 PSIPE LONICERA PILEATA EA 22 $ 30.00 $ 660.00 $ 37.00 $ 814.00 $ 30.00 $ 660.00 $ 34.00 $ 748.00 $ 32.00 $ 704.00 $ 30.00 $ 660.00 $ 34.00 $ 748.00 52 PSIPE MAHONIA NERVOSA EA 103 $ 20.00 $ 2,060.00 $ 25.00 $ 2,575.00 $ 20.00 $ 2,060.00 $ 10.00 $ 1,030.00 $ 22.00 $ 2,266.00 $ 20.00 $ 2,060.00 $ 12.00 $ 1,236.00 53 PSIPE PITTOSPORUM TOBIRA 'WHEELER'S DWARF' EA 43 $ 35.00 $ 1,505.00 $ 44.00 $ 1,892.00 $ 50.00 $ 2,150.00 $ 45.00 $ 1,935.00 $ 37.00 $ 1,591.00 $ 30.00 $ 1,290.00 $ 30.00 $ 1,290.00 54 PSIPE PRUNUS LAUROCERASUS'OTTO EA 209 $ 25.00 $ 5,225.00 $ 31.00 $ 6,479.00 $ 35.00 $ 7,315.00 $ 34.00.$ 7,106.00 $ 27.00 $ 5,643.00 $ 25.00 $ 5,225.00 $ 37.00 $ 7,733.00 55 PSIPE CALAMAGROSTIS X ACUTIFLORA 'KARL FORESTER' EA 29 $ 15.00 $ 435.00 $ 17.00 $ 493.00 $ 10.00 $ 290.00 $ 10.00 $ 290.00 $ 15.00 $ 435.00 $ 10.00 $ 290.00 $ 15.00 $ 435.00 56 PSIPE MISCANTHUS SINENSIS EA 116 $ 15.00 $ 1,740.00 $ 17.00 $ 1,972.00 $ 20.00 $ 2,320.00 $ 10.00 $ 1,160.00 $ 15.00 $ 1,740.00 $ 10.00 $ 1,160.00 $ 15.00 $ 1,740.00 57 PSIPEBERGIA CAPILLARIS 'REGAL MIST' TM MIST'T EA 195 $ 20.00 $ 3,900.00 $ 21.00 $ 4,095.00 $ 20.00 $ 3,900.00 $ 22.00 $ 4,290.00 $ 18.00 $ 3,510.00 $ 15.00 $ 2,925.00 $ 20.00 $ 3,900.00 58 PSIPE PENNISETUM ALOPECUROIDES EA 89 $ 15.00 $ 1,335.00 $ 17.00 $ 1,513.00 $ 20.00 $ 1,780.00 $ 10.00 $ 890.00 $ 15.00 $ 1,335.00 $ 10.00 $ 890.00 $ 15.00 $ 1,335.00 59 PSIPE EUPHORBIA AMYGDALOIDES EA 389 $ 20.00 $ 7,780.00 $ 21.00 $ 8,169.00 $ 40.00 1 $ 15,560.00 $ 14.50 $ 5,640.50 $ 18.00 $ 7,002.00 $ 15.00 $ 5,835.00 $ 15.50 $ 6,029.50 60 PSIPE FRAGARIA CHILOENSIS EA 459 $ 15.00 $ 6,885.00 $ 17.00 $ 7,803.00 $ 20.00 $ 9,180.00 $ 9.00 $ 4,131.00 $ 15.00 $ 6,885.00 $ 10.00 $ 4,590.00 $ 12.00 $ 5,508.00 61 PSIPE LIRIOPE SPICATA EA 1,571 $ 15.00 $ 23,565.00 $ 17.00 $ 26,707.00 $ 12.00 $ 18,852.00 $ 10.00 $ 15,710.00 $ 15.00 $ 23,565.00 $ 10.00 $ 15,710.00 $ 15.50 $ 24,350.50 62 PSIPE ALLIUM GIGANTUM EA 135 $ 15.00 $ 2,025.00 $ 15.00 $ 2,025.00 $ 10.00 $ 1,350.00 $ 10.00 $ 1,350.00 $ 13.00 $ 1,755.00 $ 10.00 $ 1,350.00 $ 7.00 $ 945.00 63 SEEDED LAWN INSTALLATION SY 252 $ 3.00 $ 756.00 $ 3.00 $ 756.00 $ 5.00 $ 1,260.00 $ 2.25 $ 567.00 $ 2.50 $ 630.00 $ 3.00 $ 756.00 $ 4.50 $ 1,134.00 64 AUTOMATIC IRRIGATION SYSTEM, LS 1 $ 50,000.00 $ 50,000.00 1 $ 60,000.001 $ 60,000.00 $ 80,000.00 $ 80,000.00 $ 83,500.00 $ 83,500.00 $ 50,000.00 $ 50,000.00 $ 50,000.00 $ 50,000.00 $ 60,000.00 $ 60,000.00 65 1 LAKEHAVEN UTILITY DISTRICT CONNECTION FEES FA 1 $ 4,500.00 $ 4,500.00 $ 4,500.00 $ 4,500.00 $ 4,500.00 $ 4,500.00 $ 4,500.00 $ 4,500.00 $ 4,500.00 $ 4,500.00 $ 4,500.00 $ 4,500.00 $ 4,500.00 $ 4,500.00 66 CEMENT CONC. PEDESTRIAN CURB LF 1 220 $ 50.00 $ 11,000.00 is 60.00 $ 13,200.00 $ 40.00 $ 8,800.00 $ 48.65 $ 10,703.00 1 $ 60.00 $ 13,200.00 $ 40.00 1 $ 8,800.00 t $ 30.00 $ 6,600.00 Page 1 of 2 Amount Listed on Bid Form $ 2,329,806.00 $ 2,434,434.00 $ 2,638,537.00 $ 2,801,592.34 $ 2,843,932.50 $ 2,991,949.00 Difference $ - $ - $ 6,300.00 $ - $ - $ - BID ALTERNATIVE Al: LANDSCAPE LIGHTING ALTERNATIVE ADDITIVE ALTERNATIVE Item # Vendor Name --> Location --> Bid #1 R. L. Alia Company Renton, WA Bid #2 Active Construction, Inc. Puyallup, WA Bid #3 Global Contractors, LLC Eatonville, WA Bid #4 Highmark Concrete Contractors Buckley, WA Bid #5 Sound Pacific Construction Gig Harbor, WA Bid #6 Ceccanti Tacoma, WA Engineers Estimate 67 EXTRUDED CURB LF 130 $ 20.00 $ 2,600.00 $ 22.00 $ 2,860.00 $ 20.00 $ 2,600.00 $ 22.75 $ 2,957.50 $ 22.00 $ 2,860.00 $ 28.00 $ 3,640.00 $ 24.00 $ 3,120.00 68 CEMENT CONC. TRAFFIC CURB AND LF 80 $ 80.00 $ 6,400.00 $ 75.00 $ 6,000.00 $ 50.00 $ 4,000.00 $ 24.20 $ 1,936.00 $ 90.00 $ 7,200.00 $ 40.00 $ 3,200.00 $ 30.00 $ 2,400.00 69 CEMENT CONC. PLAZA CURB LF 24 $ 100.00 $ 2,400.00 $ 100.00 $ 2,400.00 $ 60.00 $ 1,440.00 $ 111.70 $ 2,680.80 $ 115.00 $ 2,760.00 $ 60.00 $ 1,440.00 $ 80.00 $ 1,920.00 70 RAISED PAVMENT MARKER HUN 0.65 $ 800.00 $ 520.00 $ 1,100.00 $ 715.00 $ 500.00 $ 325.00 $ 875.00 $ 568.75 $ 1,050.00 $ 682.50 $ 700.00 $ 455.00 $ 500.00 $ 325.00 71 BLACK VINYL COATED CHAIN LINK FENCE TYPE 6 LF 30 $ 70.00 $ 2,100.00 $ 66.00 $ 1,980.00 $ 80.00 $ 2,400.00 $ 67.00 $ 2,010.00 $ 63.00 $ 1,890.00 $ 80.00 $ 2,400.00 $ 60.00 $ 1,800.00 72 CEMENT CONC. SIDEWALK SY 325 $ 60.00 $ 19,500.00 $ 80.00 $ 26,000.00 $ 63.00 $ 20,475.00 $ 65.80 $ 21,385.00 $ 70.00 $ 22,750.00 $ 60.00 $ 19,500.00 $ 50.00 $ 16,250.00 73 STANDARD CEMENT CONCRETE SY 210 $ 90.00 $ 18,900.00 $ 115.00 $ 24,150.00 $ 80.001$ $ 16,800.00 $ 174.10 $ 36,561.00 $ 107.00 $ 22,470.00 $ 125.00 $ 26,250.00 $ 100.00 $ 21,000.00 74 CEMENT CONC. CURB RAMP TYPE PERPENDICULAR EA 2 $ 3,000.00 $ 6,000.00 $ 4,000.00 $ 8,000.00 $ 2,500.00 $ 5,000.00 $ 1,452.20 $ 2,904.40 $ 3,500.00 $ 7,000.00 $ 2,250.00 $ 4,500.00 $ 2,500.00 $ 5,000.00 75 MMA STYLE TRUNCATED DOME DETECTABLE WARNING SURFACE SF 60 $ 120.00 $ 7,200.00 $ 51.00 $ 3,060.00 $ 60.00 $ 3,600.00 $ 56.75 $ 3,405.00 $ 115.00 $ 6,900.00 $ 55.00 $ 3,300.00 $ 50.00 $ 3,000.00 76 RRFB LS 1 $ 27,000.00 $ 27,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 29,826.18 $ 29,826.18 $ 28,000.00 $ 28,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 77 DECORATIVE ILLUMINATION SYSTEM, COMPLETE - ON-SITE LS 1 $ 115,000.00 $ 115,000.00 $ 100,000.00 $ 100,000.00 $ 150,000.00 $ 150,000.00 $ 133,956.76 $ 133,956.76 $ 140,000.00 $ 140,000.00 $ 160,000.00 $ 160,000.00 $175,000.00 $ 175,000.00 78 DECORATIVE ILLUMINATION SYSTEM, COMPLETE - S 316TH ST LS 1 $ 48,000.00 $ 48.000.00 $ 65,000.00 $ 65,000.00 $ 40,000.00 $ 40,000.00 $ 67,573.64 $ 67,573.64 $ 60,000.00 $ 60,000.00 $ 60,000.00 $ 60,000.00 $ 50,000.00 $ 50,000.00 79 FESTIVAL OUTLET SYSTEM, COMPLETE - S 316TH ST LS 1 $ 7,500.00 $ 7,500.00 $ 6,500.00 $ 6,500.00 $ 10,000.00 $ 10,000.00 $ 7,556.81 $ 7,556.81 $ 8,000.00 $ 8,000.00 $ 8,000.00 $ 8,000.00 $ 10,000.00 $ 10,000.00 80 DIRECTIONAL BORING LF 70 $ 110.00 $ 7,700.00 $ 200.00 $ 14,000.00 $ 100.00 $ 7,000.00 $ 162.00 $ 11,340.00 $ 175.00 $ 12,250.00 $ 150.00 $ 10,500.00 $ 120.00 $ 6,400.00 81 PERMANENT SIGNING SF 48 $ 30.00 $ 1,440.00 $ 28.50 $ 1,368.00 $ 30.00 $ 1,440.00 $ 32.00 $ 1,536.00 $ 25.00 $ 1,200.00 $ 30.00 $ 1.440.00.$ 30.00 $ 1,440.00 82 PAINT LINE LF 30 $ 25.00 $ 750.00 $ 11.00 $ 330.00 $ 10.00 $ 300.00 $ 28.00 $ 640.00 $ 11.00 $ 330.00 $ 10.00 $ 300.00 $ 5.00 $ 150.00 83 PAINTED CROSSWALK LINE SF 155 $ 15.00 $ 2,325.00 $ 11.00 $ 1,705.00 $ 10.00 $ 1,550.00 $ 17.00 $ 21635.00 $ 10.00 $ 1,550.00 $ 17.00 $ 2,635.00 $ 10.00 $ 1,550.00 84 REMOVAL OF PAVEMENT MARKINGS LS 1 $ 1,000.00 $ 1,000.00 $ 500.00 $ 500.00 $ 3,000.00 $ 3,000.00 $ 2,000.00 $ 2,000.00 $ 500.00 $ 500.00 $ 3,700.00 $ 3,700.00 $ 1,150.00 $ 1,150.00 85 POTHOLING FA 1 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 86 RESOLUTION OF UTILITY CONFLICTS FA 1 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 87 SITE FURNISHING TYPE TREE WELL EA 5 $ 1,000.00 $ 5,000.00 $ 2,750.00 $ 13,750.00 $ 5,000.00 $ 25,000.00 $ 2,123.00 $ 10,615.00 $ 1,800.00 $ 9,000.00 $ 2,550.00 $ 12,750.00 $ 2,500.00 $ 12,500.00 88 SITE FURNISHING TYPE BOLLARDS EA 23 $ 1,000.00 $ 23,000.00 $ 550.00 $ 12,650.00 $ 800.00 $ 18,400.00 $ 1,210.00 $ 27,830.00 $ 750.00 $ 17,250.00 $ 1,550.00 $ 35,650.00 $ 1,500.00 $ 34,500.00 89 SITE FURNISHING TYPE CORTEN STEEL LF 602 $ 60.00 $ 36,120.00 $ 87.00 $ 52,374.00 $ 80.00 $ 48,160.00 $ 67.00 $ 40,334.00 $ 60.00 $ 36.120.00 $ 67.00 $ 40,334.00 $ 65.00 $ 39,130.00 90 SITE FURNISHING TYPE AREA DRAIN EA 4 $ 1,200.00 $ 4.800.00 $ 1,000.00 $ 4,000.00 $ 1,500.00 $ 6,000.00 $ 1,605.00 $ 6,420.00 $ 1,000.00 $ 4,000.00 $ 2,750.00 $ 11,000.00 $ 1,500.00 $ 6,000.00 91 SITE FURNISHING TYPE TRENCH LF 52 $ 100.00 $ 5,200.00 $ 200.00 $ 10,400.00 $ 350.1X1 $ 18,200.00 $ 288.00 $ 14,976.00 $ 220.00 $ 11,440.00 $ 450.00 $ 23,400.00 $ 400.00 $ 20,800.00 92 SITE FURNISHING TYPE WASTE AND RECYCLING RECEPTACLES EA 8 $ 1,200.00 $ 9,600.00 $ 750.00 $ 6,000.00 $ 1,500.00 $ 12,000.00 $ 1,900.00 $ 15,200.00 $ 1,600.00 $ 12,800.00 $ 3,350.00 $ 26,800.00 $ 950.00 $ 7,600.00 93 PAINT EXISTING RETAINING WALL LS 1 $ 8,000.00 $ 8,000.00 $ 5,500.00 $ 5,500.00 $ 10,000.00 $ 10,000.00 $ 9,000.00 $ 9,000.00 $ 8,000.00 $ 8,000.00 $ 11,300.00 $ 11,300.00 $ 4,500.00 $ 4,500.00 94 ANTI -GRAFFITI COATING SF 3,000 $ 3.00 $ 9,000.00 $ 2.00 $ 6,000.00 $ 5.00 $ 15,000.00 $ 2.85 $ 8,550.00 $ 3.00 $ 9,000.00 $ 3.00 $ 9,000.00 $ 5.75 $ 17,250.00 95 HANDRAIL LF 260 $ 140.00 $ 36,400.00 $ 150.00 $ 39,000.00 $ 200.00 $ 52,000.00 $ 160.00 $ 41,600.00 $ 145.00 $ 37,700.00 $ 135.00 $ 35,100.00 $ 325.00 $ 84,500.00 96 CABLE SAFETY RAILING LF 125 $ 210.00 $ 26,250.00 $ 200.00 $ 25,000.00 $ 300.00 $ 37,500.00 $ 240.00 $ 30,000.00 $ 210.00 $ 26,250.00 $ 370.00 $ 46.250.00 $ 500.00 $ 62,500.00 TOTAL - BID SCHEDULE A bid items include sales tax $ 2,329,806.00 $ 2,434,434.00 $ 2,6",837.00 $ 2,801,592.34 $ 2,843,932.50 $ 2,991,9".00 $ 2,768,929 50 Amount Listed on Bid Form $ 2,329,806.00 $ 2,434,434.00 $ 2,638,537.00 $ 2,801,592.34 $ 2,843,932.50 $ 2,991,949.00 Difference $ - $ - $ 6,300.00 $ - $ - $ - BID ALTERNATIVE Al: LANDSCAPE LIGHTING ALTERNATIVE ADDITIVE ALTERNATIVE Item # Bid Item Description Unit Plan Qty Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Item # Bid Item Description Unit I Plan Qty Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total FESTIVAL OUTLET SYSTEM, COMPLETE $ 250,000.00 $ 235,000.00 $ 235,000.00 $200,000.00 $ 200,000.00 TOTAL - BID ALTERNATIVE A2 bid items include sales tax $ 175 000.00 $ 250 000.00 250 000.00 238 335.35 $ 250 000.00 $ 235 000.00 $ 200,000 nn $ 47.05 $ 21,172.50 $ 30.00 $ 13,500.00 $ 200.00 $ Al -1 LS 1 $ 20,000.00 $ 20,000.00 $ 35,000.00 $ 35,000.00 $ 35,000.00 $ 35,000.00 $ 31,971.52 $ 31,971.52 $ 22,000.00 $ 22,000.00 $ 32,000.00 $ 32,000.00 $ 30,000.00 $ 30,000.00 - ON-SITE 440.00 $ 25.00 $ 275.00 TOTAL -BID ALTERNATIVE A3 bid items include sales tax $ 12 075.00 $ 79 685.00 $ 27 550.00 $ 21 569.05 $ LOW VOLTAGE LANDSCAPE UP -LIGHT $ 90 440.00 $ 67 775.00 $ 21,569.05 $ 13,907.00 $ 90,440.00 $ 67,775.00 EVALUATION OF PREFERENCE Al 2 LS 1 $ 78.500.00 $ 78,500.00 $ 85,000.00 $ 85,000.00 $ 80,000.00 $ 80,000.00 $ 78,229.30 $ 78,229.30 $ 85,000.00 $ 85,000.00 $ 77,000.00 $ 77,000.00 $ 75,000.00 $ 75,000.00 SYSTEM. COMPLETE - ON-SITE PREFERENCE #1: BASE BID + ALT Al + ALT A2 + ALT A3 $ 2,615,381.00 $ 2,884,119.00 $ 3,037,387.00 $ 3,171,697.56 $ 3,214,839.50 TOTAL - BID ALTERNATIVE Al bid items include sales tax $ 98 500.00 $ 120 000.00 PREFERENCE #2: BASE BID + ALT Al + ALT A3 $ 115 000.00 2,440,381.00 $ 110 200.82 $ 107 000.00 $ $ 109 000.00 $ $ 105 000.00 BID ALTERNATIVE A2: ACCENT LIGHTING ALTERNATIVE ADDITIVE ALTERNATIVE Item # Bid Item Description Unit Plan Qty Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total A2-1 SITE FURNISHING & HANDRAIL LIGHTING SYSTEM, COMPLETE - ON- SITE LS 1 $175,000.00 $ 175,000.00 $ 250,000.00 $ 250,000.00 $ 250,000.00 $ 250,000.00 $ 238,335.35 $ 238,335.35 $ 250,000.00 $ 250,000.00 $ 235,000.00 $ 235,000.00 $200,000.00 $ 200,000.00 TOTAL - BID ALTERNATIVE A2 bid items include sales tax $ 175 000.00 $ 250 000.00 250 000.00 238 335.35 $ 250 000.00 $ 235 000.00 $ 200,000 nn BID ALTERNATIVE A3: CABLE TRELLIS SYSTEM ALTERNATIVE ADDITIVE ALTERNATIVE Item # Bid Item Description Unit Plan Qty Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total 13-1 CABLE TRELLIS SYSTEM SF 450 $ 25.00 $ 11,250.00 $ 175.00 $ 78,750.00 $ 60.00 $ 27,000.00 $ 47.05 $ 21,172.50 $ 30.00 $ 13,500.00 $ 200.00 $ 90,000.00 $ 150.001$ 67,500.00 A3-2 PSIPE CLEMATIS ARMANDII EA 11 'SNOWDRIFT' $ 75.00 $ 825.00 $ 85.00 $ 935.00 $ 50.00 $ 550.00 $ 36.05 $ 396.55 $ 37.00 $ 407.00 $ 40.00 $ 440.00 $ 25.00 $ 275.00 TOTAL -BID ALTERNATIVE A3 bid items include sales tax $ 12 075.00 $ 79 685.00 $ 27 550.00 $ 21 569.05 $ 13 907.00 $ 90 440.00 $ 67 775.00 BID EVALUATIONS BID SCHEDULE A $ 2,329,806.00 $ 2,434,434.00 $ 2.644,837.00 $ 2,801,592.34 $ 2,843,932.50 $ 2,991,949.00 $ 2,768,929.50 ALTERNATIVE Al $ 98,500.00 $ 120,000.00 $ 115,000.00 $ 110,200.82 $ 107,000.00 $ 109,000.00 $ 105,000.00 ALTERNATIVE A2 $ 175,000.00 $ 250,000.00 $ 250,000.00 $ 238,335.35 $ 250,000.00 $ 235,000.00 $ 200,000.00 ALTERNATIVE A3 $ 12,075.00 $ 79,685.00 $ 27,550.00 $ 21,569.05 $ 13,907.00 $ 90,440.00 $ 67,775.00 EVALUATION OF PREFERENCE PREFERENCE #1: BASE BID + ALT Al + ALT A2 + ALT A3 $ 2,615,381.00 $ 2,884,119.00 $ 3,037,387.00 $ 3,171,697.56 $ 3,214,839.50 $ 3,426,389.00 $ 3,141,704.50 PREFERENCE #2: BASE BID + ALT Al + ALT A3 $ 2,440,381.00 $ 2,634,119.00 $ 2,787,387.00 $ 2,933,362.21 $ 2,964,839.50 $ 3,191,389.00 $ 2,941,704.50 PREFERENCE #3: BASE BID + ALT Al + ALT A2 $ 2,603,306.00 $ 2,804,434.00 $ 3,009,837.00 $ 3,150,128.51 $ 3,200,932.50 $ 3,335,949.00 $ 3,073,929.50 PREFERENCE #4: BASE BID + ALT 2 + ALT 3 $ 2,516,881.00 $ 2,764,119.00 $ 2,922,387.00 $ 3,061,496.74 $ 3,107,839.50 $ 3,317,389.00 $ 3,036,704.50 PREFERENCE#5: BASE BID +ALT Al $ 2,428,306.00 $ 2,554,434.00 $ 2,759,837.00 $ 2,911,793.16 $ 2,950,932.50 $ 3,100,949.00 $ 2,873,929.50 PREFERENCE #6: BASE BID + ALT A3 $ 2,341,881.00 $ 2,514,119.00 $ 2,672,367.00 $ 2,823,161.39 $ 2,857,839.50 $ 3,082,389.00 $2,836,704.50 PREFERENCE#7: BASE BID +ALT A2 $ 2,428,306.00 $ 2,554,434.00 $ 2,759,837.00 $ 2,911,793.16 $ 2,950,932.50 $ 3,100,949.00 $2,873,929.50 PREFERENCE #8: BASE BID $ 2,329,806.00 $ 2,434,434.00 $ 2,644,837.00 $ 2,801,592.34 $ 2,843,932.50 $ 2,991,949.00 $ 2,768,929.50 Page 2 of 2 SUBJECT: S DASH POINT RD SIDEWALK IMPROVEMENTS —30% DESIGN REPORT POLICY QUESTION: Should the City Council authorize staff to proceed with design of the S Dash Point Rd Sidewalk Improvements and return to the LUTC and Council at 85% design completion for further reports and authorization? COMMITTEE: LUTC MEETING DATE: Feb. 4, 2019 CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing X City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Christine Mullen, P. tr '% Systems Project En r. DEPT: Public Works ......................................................................................................................................................................................................................................................................................................................... Attachments: Land Use and Transportation Committee memorandum dated February 4, 2019. Options Considered: 1. Authorize staff to proceed with design of the S Dash Point Rd Sidewalk Improvements and return to the LUTC and Council at 85% design completion for further reports and authorization. 2. Do not authorize staff to proceed with this project and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the February 19, 2019 City Council Consent Agendatfor approval. MAYOR APPROVAL: % DIRECTOR APPROVAL: 12S111 / Commitu a Cou it Initial/Date Initial/Date Initial/Date COMMITTEE RECOMMENDATION: I move to forward Option I to the February 19, 2019 consent agenda for approval. N A 1A Mark Koppang, Committee Chair Jesse Johnson, Committee Member Hoang Tran, Committee Member PROPOSED COUNCIL MOTION: "I move to authorize staff to proceed with design of the S Dash Point Rd Sidewalk Improvements and return to the LUTC and Council at 85% design completion for further reports and authorization. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED -12/2017 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: February 4, 2019 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public WoWirector4e/� Christine J. Mullen, P.L 1 reet Systems "Project Engineer SUBJECT: S Dash Point Rd Sidewalk Improvements — 30% Design Report FINANCIAL IMPACTS: This project was included and is projected to be completed within the approved budget under capital project #212. In accordance with the approved budget this project is funded by a grant from T.I.B. in the amount of $400,000 and the remainder in City funds. Upon completion of this project, ongoing costs associated with operations and maintenance will be performed and funded through streets maintenance. Funding requirements for operations and maintenance of infrastructure is reviewed and adjusted as required during the budget process. BACKGROUND: This project provides a sidewalk (8') and bicycle lane (7') on the south side of Dash Point Road from the existing sidewalk to the west to the east entrance of Sacajawea Middle School (approximately 900 feet). Also provided are a planter strip with street trees, storm improvements, ADA improvements, and illumination. A grind and inlay to the centerline will also be completed in order to provide a uniform cross slope for the minor -widening associated with the new bicycle lane. The following provides a brief synopsis of the progress on this project to date. Currently, the project design is approximately 30% complete, which includes the following completed tasks: • Topographic Survey • Project Design to 30% Ongoing Tasks Include: • Utility Coordination • Preliminary Contract Specifications • Project Design to 85% • SEPA Application and Approval PROJECT ESTIMATED EXPENDITURES: Design (by City staff) $200,000 2019 Construction Cost $940,000 10% Construction Contingency $94,000 Construction Management (by City staff) $70,000 TOTAL PROJECT COSTS $1,304,000 February 4, 2019 Land Use and Transportation Committee S Dash Point Rd Sidewalk Improvements — 30% Design Report Page 2 AVAILABLE FUNDING: T.I.B. Grant (State) $400,000 City Funds (Motor Vehicle Fuel Tax) $320,000 City Funds (Transfer from Project #194 Savings) $206,228 TOTAL AVAILABLE BUDGET $926,228 PROJECT BUDGET SHORTFALL: -$377,772 As we proceed with the project design, the total project costs will be refined and presented to the Committee and Council at the 85% design completion status report for further action. Staff anticipates bidding this project in June 2019. Construction is anticipated to commence in August 2019 with an estimated substantial completion date in October 2019. 6c COUNCIL MEETING DATE: February 19, 2019 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: CONVERSION OF PSE DECORATIVE STREET LIGHTS TO LED — AUTHORIZATION TO EXECUTE TASK ORDER 2 POLICY QUESTION: Should Council authorize the Mayor to execute Task Order 2 with Puget Sound Energy (PSE) to complete the LED street light conversion of approximately 320 decorative street lights and any future task orders? COMMITTEE: Land -Use and Transportation CATEGORY: MEETING DATE: February 4, 2019 12 Consent ❑ Ordinance ❑ Public Hearing ,1n1 City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Erik Preston P.E. Senior Traffic Engineer DEPT: Public Works ........................................_........._.........._........................._._...__..........................................._......................._e................--__......._._._......................................................._..._................_.:........................._................_......_........._.... _...__.._..........................._............................_............................_...._......... Attachments: Committee Memo dated February 4, 2019 Options Considered: 1) Authorize the Mayor to execute Task Order 2 with PSE to complete the LED streetlight conversion of approximately 320 decorative streetlights and any future task orders. 2) Do not authorize the Mayor to execute the task orders and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends Option 1. MAYOR APPROVAL: / I � DIRECTOR APPROVAL: I Iv 1i, m ee47�Counci 'j Initial/Date Initial/Date Initial/Date COMMITTEE RECOMMENDATION: I move to forward Option I to the February 19, 2019 City Council consent agenda for approval. ori Mark Koppang, Committee Chair Jesse Johnson, Committee Member Hoang Tran, Committee Member PROPOSED COUNCIL MOTION: "I move to authorize the Mayor to sign and execute Task Order 2 and any future task orders with PSE. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 12/2017 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: February 4, 2019 TO: Land Use and Transportation Committee VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public Works Directof�� $480,000 Erik Preston, P.E., Senior Traffic Engineer SUBJECT: Conversion of PSE Decorative Street Lights to LED — Task Order 2 FINANCIAL IMPACTS: This project was included and is projected to be completed within the approved budget under the transportation capital fund (306). In accordance with the approved budget this project is funded by a grant from the Washington State Department of Commerce in the amount of $350,000 and an interfund loan of $3,150,000.00. The interfund loan is projected to be paid back from the energy savings over a seven to ten (7-10) year period. Upon completion of this project, ongoing costs associated with operations and maintenance will be performed and funded through streets maintenance. Funding requirements for operations and maintenance of infrastructure is reviewed and adjusted as required during the budget process. BACKGROUND: This project will replace all existing streetlights throughout the City from the current High -Pressure Sodium (HPS) technology to the more efficient Light -Emitting Diode (LED) technology. LED streetlights use far less energy than HPS streetlights to produce the same lighting levels and also provide a higher quality light that improves color recognition. This conversion should produce significant energy savings while also improving public safety. The City will also acquire a control system for the City -owned and -maintained lights to improve maintenance operations by managing streetlight assets and implement dimming strategies. Such a system will allow City staff to respond immediately to streetlight outages and knockdowns without having to wait for a member of the public to notify staff of the outage. Project Scope and Costs The project will be done in two phases. The City -owned lights will be completed through Energy Savings Contracting (ESCO) which was awarded to Ameresco in 2017. The Puget Sound Energy (PSE) owned and maintained lights will be completed through a separate agreement with PSE. The estimated replacement costs are as follows: *Includes design and construction engineering. Estimated TOTAL Qty. Estimated Replacement Cost* City Owned & Maintained Cobra heads (incl. controls) 1,820 $2,080,000 City Owned & Maintained Decorative (incl. controls) 400 $480,000 PSE Owned & Maintained (Schedule 53) — cobra heads 2,400 $182,917 PSE Owned & Maintained (Schedule 53) — post top 320 $220,000 $2,962,917 *Includes design and construction engineering. Land Use and Transportation Committee Master Lighting Services Agreement — Puget Sound Energy LED Street Light Conversion Project — Ph. 1 February 4, 2019 Page 2 of 2 The following provides a brief synopsis of the progress on this project to date. Completed tasks: • Completed GIS inventory of all City -owned streetlights • Selected streetlight control system (ConnectWorks by CIMCON) • Selected a street light fixture (EATON cobra heads) and completed lighting level design. • Ordered street lights. • Finalize Master Lighting Services Agreement with PSE for PSE -owned street light conversion • Executed Task Order 1 for cobra head LED conversion. Ongoing tasks include: • Execute Task Order 2 with PSE for PSE -owned decorative streetlight conversion. • Finalize rebate agreement with PSE for City -owned street lights. • Construction/conversion to LED and control system installation Future Tasks include: • Purchase, and install control system • Construction/Conversion of cobra head and decorative streetlights PROJECT SCHEDULE Construction/Conversion to LED and Control System installation Execute PSE Task Order 2 Finish Construction/Conversion to LED (City -owned) Finish Construction/Conversion to LED (PSE -owned) PROJECT ESTIMATED EXPENDITURES: Design & Construction $3,000,000 Contingency $240,000 TOTAL PROJECT COSTS $3,240,000 AVAILABLE FUNDING: City Interfund Loan $3,150,000 Energy Efficiency Grant (State DOC) $350,000 TOTAL AVAILABLE BUDGET $3,500,000 Current Request Ongoing February 2019 May 2019 September 2019 Staff is requesting City Council to authorize the Mayor to execute Task Order 2 for PSE to complete the LED conversion of approximately 320 post top / decorative street lights and any future task orders. Form of Street Lighting Order PROJECT NAME: Federal Way Phase 2 decorative lights Order#: 101117358 LOCATION: Throughout Federal Way STREET LIGHTING ORDER - SCHEDULE 53 This Street Lighting Order (this "Order"), dated February 19th, 2018, is made and entered into by and between PUGET SOUND ENERGY, INC. ("PSE") and City of Federal Way ("Customer") (each a "Party," and collectively the "Parties") under and pursuant to the terms of that certain Master Lighting Services Agreement No. 0047, dated January 15, 2019, between the Parties (the "Agreement"). This Order covers certain Lighting and Construction Services authorized by this Order and is, along with the associated Schedule, incorporated into and made a part of the Agreement. Unless specifically defined otherwise herein, terms used in this Order with initial letters capitalized have the meanings giventhem in the Agreement. The Parties agree as follows: ASSOCIATED SCHEDULE: This Order is also entered into between the Parties in accordance with PSE's Schedule 53, Electric Tariff G, and any future modifications of or changes to such Schedule as may be approved by the WUTC. LIGHTING SERVICES DESCRIPTION: The installation charge of the listed lighting units was estimated to be $163,313.85. Description: Convert (319) HPS decorative lighting to 35W T3 4K green Salems CONSTRUCTION SERVICES DESCRIPTION: With the customer's authorization, PSE will proceed with the change out of estimated (319) 100W HPS Post -Tops to 35W 4K T3 green GE Salem Post -Tops (136). This estimate is for Post -Top street lights only. Permitting and traffic control is not included in cost. Upon receipt of this signed agreement, PSE will field check to verify wattages and quantities. Changes in quantities are to be expected which will revise the cost and contracts for this project. This contract is based on Schedule 53 PSE owned and maintained Post -Tops only and does not include any cobrahead lighting or Acorn/Pendent mounted decorative lighting. If cobrahead lighting or Acorn/ Pendent mounted decorative lighting are found, this contract is subject to change. This project will be combined with Phase 1 'cobrahead lights and broken down to 100-150 lights per phase. BILLING: Billing under this Order will be in accordance with the terms and conditions contained in the terms & conditions of Schedule 53, Electric Tariff G, and the Agreement, and any future modifications of or changes to such Schedule as may be approved by the WUTC. The basis of the monthly energy charge for the Lighting Services as currently constituted under Rate Schedule 53 is as follows: $10.66 per each 35W post -top street light For Construction Services and Costs, these costs will be billed as follows: Upon completion of the Construction Services, PSE shall provide the Customer with an invoice for the Construction Costs incurred by PSE. Customer shall remit payment to PSE for the Construction Costs within thirty (30) days of receiving the invoice. SERVICE TERM/REMOVAL AND SALVAGE COSTS: Service under this Order is effective for a minimum of twenty-five (25) years from the date of this Order (the "Base Term") unless earlier terminated as provided for in the Agreement. If this Order is terminated for any reason during the Base Term, the costs of removal or salvage of any Facilities associated with the Services will be allocated as set forth in Schedule 53. After the expiration of the Base Term, this Order shall continue on a year-to-year basis until terminated by either Party upon at least one (1) year's notice in writing (each, an "Extended Term") unless earlier terminated as provided for elsewhere in this Agreement. If this Order is terminated during any Extended Term, the Customer shall not be responsible for the costs of removal of any Facilities associated with the Services, or any costs associated with PSE's efforts to salvage the removed Facilities. ADDITIONAL TERMS: 1. To transfer the energy and maintenance monthly billing, the new billing party must contact PSE in writing. 2. Non-standard facilities are not kept in PSE inventory for the purpose of maintenance; therefore replacement of non-standard components may not be within the same time frame as replacement of standard components. If non-standard components are included in this Order, enter "X" here X. 3. The monthly billing party for the energy and maintenance will be: City of Federal Way This Order, executed by Customer's duly authorized representative as of the date first written above, is for the Lighting Services described above delivered under PSE's Schedule 53. Customer: By: Date: Print Name Title: Compan . Puget Sound Energy, Inc. By:/ Date: I/ 3% 1 1 Title: C Al cv.s Account Managera�} -3- 6d COUNCIL MEETING DATE: February 19, 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 MEETING DATE: February 4, 2019 CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing City Council Business ® Resolution ❑ Other STAFF REPORT BY: Rick Perez, P.E., City Traffic Attachments: Staff Report Resolution Options Considered: 1. Approve the proposed resolution. 2. Do not approve the proposed resolution and provide direction to staff. MAYOR'S RECOMMENPOrTION: Option 1. MAYOR APPROVAL: DEPT: Public Works APPROVAL: 2A lI Initial/Date COMMITTEE RECOMMENDATION: I move to forward the proposed resolution to the February 19, 2019 consent agenda for approval. [k - Mark Koppang, Committee Chair Jesse Johnson, Committee Member Hoang Tran, Committee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed resolution. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 12/2017 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: February 4, 2019 TO: City Council VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public Works Director Z~ Rick Perez, P.E., City Traffic Engineer SUBJECT: Authorization to Accept Grant Funding for Transportation Improvement Projects FINANCIAL IMPACTS: The financial impact for each project awarded grant funding is described below. Horizontal Curve Warning Signs This project was included and is projected to be completed within the 2019/2020 proposed 306 (Street Capital Fund) budget. In accordance with the adopted budget, this project is funded by grants, estimated at $519,700 and miscellaneous capital street fund transfers of $4,600. 47th Avenue SW A SW Dash Point Road (SR 509) This project was included and is projected to be completed within the 2019/2020 proposed 306 (Street Capital Fund) budget. In accordance with the adopted budget, this project is funded by grants, estimated at $815,000 and miscellaneous capital street fund transfers of $15,000. Citywide Variable Lane Use Control This project was included and is projected to be completed within the 2019/2020 proposed 306 (Street Capital Fund) budget. In accordance with the adopted budget, this project is funded by grants, estimated at $601,890 and transportation mitigation and impact fees of $150,473. Upon completion of these projects, ongoing costs associated with operations and maintenance will be performed and funded through streets and traffic maintenance. Funding requirements for operations and maintenance of infrastructure is reviewed and adjusted as required during the budget process. BACKGROUND: This memorandum provides the Council with the current status of the grant applications submitted in 2018 under the federal Highway Safety Improvement Program, distributed by Washington State Department of Transportation as City Safety grants. 0 February 4, 2019 Land Use and Transportation Committee Authorization to Accept Grant Funding for Transportation Improvement Projects Page 2 Project (Funding Phase) Estimated IGrant Fund Required City Year of Grant Project Cost I Amount Match Expenditure Horizontal Curve Warning Signs* (Design and Construction) (WSDOT) City Safety - Citywide $524,300 $519,700 $4,600 2019-2020 Program Funding (Federal Funds) 47th Avenue SW @ SW Dash Point Rd (SR 509) Compact Roundabout* (Design and Construction) (WSDOT) City Safety - Spot $830,000 $815,000 $15,000 2019-2020 Improvement Program Funding (Federal Funds) Citywide Variable Lane Use Control (Design and Construction) Accelerated Innovation Deployment $752,363 $601,890 $150,473 2019-2020 Program Funding (Federal Funds) * The required City match is dependent on requesting bids for construction by April 30, 2021; otherwise the match increases to 10 percent of the estimated project cost. 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 Horizontal Curve Warning Signs, 47th Avenue SW at SW Dash Point Road (SR 509), and Citywide Variable Lane Use Control in the City of Federal Way, Washington. WHEREAS, the City of Federal Way applied for Citywide Safety funds from the Washington State Department of Transportation for the purpose of design and construction phases of Horizontal Curve Warning Signs, and 47th Avenue SW at SW Dash Point Road (SR 509) 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 Five Hundred Nineteen Thousand Seven Hundred and no/100 Dollars ($519,700.00) for the Horizontal Curve Warning Signs Project, and Eight Hundred Fifteen Thousand and no/100 Dollars ($815,000.00) for the 47th Avenue SW at SW Dash Point Road (SR 509) Project provided that the City Council authorizes the Mayor to enter into the required Local Agency Agreements; and WHEREAS, the City of Federal Way applied for Accelerated Innovation Deployment funds from the Federal Highway Administration for the purpose of design and construction phases of Citywide Variable Lane Use Controls within the City; and WHEREAS, the Federal Highway Administration agreed to grant the City of Federal Way federal funds in the total amount of Six Hundred One Thousand Eight Hundred Ninety and no/100 Dollars ($601,890.00) for the Citywide Variable Lane Use Control Project provided that the City Council authorizes the Mayor to enter into the required Local Agency Agreements; and WHEREAS, by accepting said grant the City of Federal Way agrees to execute the Local Agency Agreements. 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 Five Hundred Nineteen Thousand Seven Hundred and no/100 Dollars ($519,700.00) for the Horizontal Curve Warning Signs Project, Eight Hundred Fifteen Thousand and no/100 Dollars ($815,000.00) for the 47th Avenue SW at SW Dash Point Road (SR 509) Project, and Six Hundred One Thousand Eight Hundred Ninety and no/100 Dollars ($601,890.00) for the Citywide Variable Lane Use Control Project. Section 2. Execution of the Local AgencyAgreements. The Mayor or his designee is hereby authorized to execute the Local Agency Agreements regarding improvements to Horizontal Curve Warning Signs, 47th Avenue SW at SW Dash Point Road (SR 509), and Citywide Variable Lane Use Control in the City of Federal Way, Washington and any other required documents. Section 3. MatchingFund s. Pursuant to the terms of the Local Agency Agreement, the City is required to commit matching funds of approximately Four Thousand Six Hundred and no/100 Dollars ($4,600.00) for the Horizontal Curve Warning Signs Project, Fifteen Thousand and no/100 Dollars ($15,000.00) for the 47th Avenue SW at SW Dash Point Road (SR 509) Project, and One Hundred Fifty Thousand Four Hundred Seventy -Three and no/100 Dollars ($150,473). 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] 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.: Zak SUBJECT: REQUEST TO ADD EMPLOYEE FUNDED BY SOUND TRANSIT POLICY QUESTION: Should the City of Federal Way develop a position to have an employee review development proposals, especially those related to the Sound Transit rail system within the City of Federal Way? COMMITTEE: Land Use and Transportation (LUTC) CATEGORY: I3 Consent Xsj City Council Business STAFF REPORT BY: Brian Davis, Director MEETING DATE: Feb. 4, 2019 ❑ Ordinance ❑ Public Hearing ❑ Resolution ❑ Other DEPT: Community Development Attachments: Staff Report Request to Add Planning Employee funded by Sound Transit Options Considered: 1. Provide and fill a planning position within Community Development devoted to reviewing development proposals, especially those related to the Sound Transit rail system within the City of Federal Way. 2. Not provide the position. MAYOR'S RECOMMENDATION: Provide and fill a planning position within Community Development devoted to reviewing development proposals, especially those related to the Sound Transit rail system within the City of Fede^WU. _ _ ^ _ a . „ MAYOR APPROVAL: DIRECTOR APPROVAL: /,I COMMITTEE RECOMMENDATION: I move to forward to the February 19, 2019 consent agenda, approval to provide and fill a planning position within Community Development devoted to reviewing development proposals, especially those related to the Sound Transit rail system within the City of Federal Way. Mark Koppang, Committee Chair Jesse Johnson, Committee Member Hoang Tran, Committee Member PROPOSED COUNCIL MOTION: I move to approve the Consent Agenda (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 12/2017 RESOLUTION # 40k CITY OF Federal Way CITY OF FEDERAL WAY MEMORANDUM DATE: February 4, 2019 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor FROM: Brian Davis, Community Development Director Tony Doucette, Sound Transit Liaison SUBJECT: Request to Add Employee Funded by Sound Transit I. FINANCIAL IMPACT The approval for an additional City employee will not cost the City any additional funds since the funds necessary to create the position will be provided by Sound Transit. This results in no financial impact upon the General Fund. II. BACKGROUND The City of Federal Way has been involved in the planning and development of transit rail and transit stations within the City for approximately the last ten years. Planning issues related to impacts upon future land uses and the City economy resulting from the facilities have been explored since its inception. While the Planning Division within the City's Department of Community Development was the City's lead during the Federal Way Link Extension (FWLE) EIS process and has provided some time to review proposals related to Federal Way transit issues, some of the time reimbursed by Sound Transit in the past few years, the planning workforce has been unable to provide adequate time for project review and completion of tasks related to the FWLE design process and Tacoma Dome Link Extension (TDLE) scoping effort. The time necessary to process the high numbers of other land use project proposals and to process unrelated and required long range tasks has prohibited time allocated for adequate Sound Transit review. Both FWLE and TDLE efforts require a considerable amount of time from a planner dedicated to land planning work since there are a number of land use issues that must be addressed throughout plan and project development. The City has agreements with Sound Transit for both the FWLE and TDLE to invoice the organization for planning activities related to the continued development of both projects within the City of Federal Way. With this, the City will be able to financially support a new position dedicated to the long range and current planning activities required for the continued development of Sound Transit projects in Federal Way. III. CONCLUSION A planner is needed on Federal Way staffs dedicated to reviewing land use impacts from transit development in the City, and to providing input for enhancing long-range economic and residential development resulting from light-rail transit. The person filling this position will work with the City's Sound Transit Liaison and report to the Community Development Director. Reimbursable funds for the position are available from Sound Transit with an employee working on Sound Transit planning tasks without drawing additional, non -budgeted monies from General Funds. IV. MAYOR'S RECOMMENDATION AND LUTC OPTIONS The Mayor recommends approval to create a positon within the Community Development, Planning Division to conduct current and long-range planning activities related to the development of Sound Transit facilities within the City of Federal Way provided funds are available to the City from Sound Transit supporting the position. 6f COUNCIL MEETING DATE: February 19, 2019ITEM ......#: ...... ......................................................_....................................................._........................................_........................................................_....................................._............................._......................._.._........................._..............._...................... CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: AUTHORIZATION FOR ADDITIONAL PARKS EMPLOYEE FOR A 9 -MONTH TERM FUNDED WITHIN THE EXISTING BUDGET POLICY QUESTION: Should City Council authorize staffing of one term limited 9 month regular employee within existing Parks budget appropriation to help offset the loss of Landscape contracted services? COMMITTEE: Parks, Recreation, Human Services & Public Safety MEETING DATE: Feb 12, 2019 CATEGORY: Consent ❑ Ordinance ❑ Public Hearing City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Steve Ikerd Parks De u Director DEPT: Parks ......... .......... _.................................._..._.._...................................................................... _..........._............................. .......... _....... ....................................... _...... ....... ......................._.............................._.........................................................................................._..................... - -..._........................................_........... Attachments: Additional staff memo. Options: Option 1. Authorize staffing of one term limited 9 month regular Park employee within existing budget appropriations. Option 2. Do not authorize staffing of one term limited 9 month regular Park employee and provide staff with direction. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: I,.Z7 I. Initial/Date o IDIRECTOR APPROVAL: Initial/Date COMMITTEE RECOMMENDATION: I move to forward option I to the Feb 19, 2019 consent agenda for approval. KI/R N! , v / Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "1 move to authorize staffing of one term limited 9 month regular Park employee. " BELOW TO BE COMPLETED BY CITY CLERKS OFFICE COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1sT reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED- 11/2016 RESOLUTION # CITY OF k....- Federal Way Parks Department Date: January 30, 2019 To: PRHSPS Council Committee Via: Mayor Jim Ferrell John Hutton, Parks Director From: Stephen Ikerd, Deputy Parks Director Subject: Authorization for additional staff Financial Impacts: Use existing Parks budget appropriations to staff one (1) new term limited 9 month regular employee to help offset the loss of Landscape contracted services due to a significant increase in prevailing wages. Background: In August of 2018 the applicable Prevailing Wage Rates for the Landscape Maintenance Contract were adjusted by the Washington State Department of Labor and Industries. The associated rates changed from $17.87 per hour to $37.67 per hour for laborers (a 112% increase). Equipment operators also increased from $24.00 to $63.50 an hour. In order to continue contract mowing of 21 Parks and Facility sites, the costs would more than double. Parks does not have the capacity to absorb this increase or the manpower to cover the workload. Per the direction of the Mayor, we reviewed options to stay within the proposed budgeted amount for 2019 and 2020. In the past Parks operated 2 in house mow crews to handle all other associated sites not under the 21 contracted sites. Parks will need to create a 3`d crew to cover the previous contracted sites. As a result we are requesting to use existing Parks funds to hire a term limited regular employee for 9 months of the year during the peak season to help offset the increased workload. Recommendation: Authorize staffing of one term limited 9 month regular Park employee within existing budget appropriations. 6g_ COUNCIL MEETING DATE: February 19, 2019 ITEM #_ ............................................................................................................................................................. ... . . . . .. . . .......... . ................... . ......... . ....... . ........................ ...................................................................................... . ... . ......... CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: INTERLOCAL AGREEMENT FOR SOUTH KING HOUSING AND HOMELESSNESS PARTNERS POLICY QUESTION: Should City Council approve the ILA for the South King Housing and Homelessness Partners? COMMITTEE: PRHSPSC MEETING DATE: 02/12/2019 CATEGORY: Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Jeff Watson DEPT: CD/CS Attachments: Staff Memorandum Draft Interlocal Agreement for the South King Housing and Homelessness Partners Background: On November 6 & 20, 2018, and December 4, 2018, City Council engaged in discussion about participation in and funding for the South King Housing & Homelessness Partners (SKHHP). The Council voted on December 4, 2018, to appropriate $26,000.00 per year for 2019 and 2020 as the City's contribution for participation in SKHHP. This ILA formalizes the establishment of the SKHHP. MAYOR'S RECOMMEN.TION: Approve the ILA and authorize the Mayor to sign the agreement. MAYOR APPROVAL. / IRECTOR APPROVAL: ` )15'1 % J oim a �0-it Initial/Date Initial/ ate Initial/Date COMMITTEE RECOMMENDATION: I move to forward the proposed Interlocal Agreement to the February 19, 2019 consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the ILA for the South King Housing and Homelessness Partners and authorize the Mayor to execute the agreement and any related documents. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 12/2017 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: January 31, 2019 TO: City Council VIA: Jim Ferrell, Mayor FROM: feff Watson, Community Services Manager SUBJECT: Interlocal Agreement Establishing the South King Housing and Homelessness Partners (SKHHP) Background: In 2015, the Housing Development Consortium (HDC) initiated a pilot project to provide participating cities technical and policy support for housing and homeless issues in South King County (SKC). The pilot project resulted from the recognition that SKC was and is struggling from the effects of suburbanization of poverty, where affordable housing has drawn immigrants and refugees as well as low-income families forced from Seattle by skyrocketing housing costs. The pilot project staff led with technical expertise, coordinating with city staff to develop, pass, and implement policies, such as: 1) the Source of Income Discrimination protection laws in four cities (Kent, Tukwila, Renton & Auburn); 2) Rental Licensing and Inspection Program (in Kent); and 3) Just Cause Eviction Ordinance exploration and implementing the housing components of the comprehensive plans (Burien). Additionally, the pilot project staff person supported city Human Services and Planning staffs through the Homelessness Action Committee (HAC) and Joint Planners and Developers Meetings. Proposed Interlocal Agreement Establishing the South King Housing and Homelessness Partners: The success of the pilot project led to the current proposal for the establishment of the South King Housing and Homelessness Partners (SKHHP), which is the subject of the attached Interlocal Agreement (ILA). The ILA involves a greater number of partners [ten (10) including Federal Way], formalizes the undertaking to act cooperatively and collaboratively to find and implement solutions to housing affordability and homelessness issues in SKC, and provides governance and operating structure. The agreement specifies that the SKHHP is not a legal entity separate and distinct from the parties to the agreement; rather, it is a joint undertaking that will be led by an Executive Board to be made up of elected and appointed officials from the participating parties. The Executive Board will be responsible for hiring and overseeing the work of SKHHP staff. The Executive Page 1 1 Board will create an Advisory Board to provide advice and recommendation to the Executive Board on a variety of issues pertaining to housing and homelessness. The Board and staff will be supported via an "Administering Agency" that will act as fiscal agent and house staff. This Agency may be one or two entities and are anticipated to be partner city(ies). Briefly, the SKHHP will function to provide services such as the following (the Executive Board will be responsible for preparing annual work plans). ■ Staffing Capacity to: o Create new policies (e.g. zoning, permit fee waivers, ADU, etc.) o Create new programs (e.g. preservation strategies, use of public lands, etc.) o Secure new resources — Pursue interest from public and private sources, "work" funding processes, and grant writing o Help South County speak with one voice on affordable housing issues and funding ■ Establish a SKC Housing Capital Fund to: o Fund preservation (acquisition rehab) of existing affordable housing o Fund new development — leverage other funds The ILA includes duration, withdrawal, and termination provisions and an initial budget. It has an initial two-year commitment with automatic renewal and provisions for withdrawal via required notice. The budget for the first year is approved via execution of the ILA, with future years requiring approval of the legislative bodies of participating parties. Page 12 RETURN TO: Jeff Watson EXT: 2650 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM ORIGINATING DEPT./DIV: CD/CS ORIGINATING STAFF PERSON: JEFF WATSON EXT: _2650 3. DATE REQ. BY. 01-07-2018 TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/ CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT (AG#): X INTERLOCAL ❑ OTHER PROJECT NAME: SOUTH KING HOUSING & HOMELESS PARTNERS NAME OF CONTRACTOR: _ ADDRESS: E-MAIL:_ SIGNATURE NAME: TELEPHONE FAX: EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS TERM: COMMENCEMENT DATE: JANUARY 1, 2019 COMPLETION DATE: DECEMBER 31, 2020_ TOTAL COMPENSATION $_$26,000.00 (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED ❑ YES RETAINAGE: RETAINAGEAMOUNT: ❑ NO IF YES, $ ❑ PURCHASING: PLEASE CHARGE TO: 0. DOCUMENT/CONTRACT REVIEW ❑ PROJECT MANAGER ❑ DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) ❑ LAW 1. COUNCIL APPROVAL (IF APPLICABLE) CONTRACT SIGNATURE ROUTING PAID BY: ❑ CONTRACTOR ❑ CITY ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDE INIRAZDATE 7 609�� .01q SCHEDULED COMMITTEE DATE: SCHEDULED COUNCIL DATE: Kf_V1XN1'P INITIAL / DATE ° Dp�V E- 23 .A.., ZO 1 2,3 1q6 3, J.... 1 q COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D:_ ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE (Include dept. support staff if necessary and feel free to set notification more than a month in advance if council approval is needed.) INITIAL / DATE SIGNED ❑ LAW DEPARTMENT ❑ SIGNATORY (MAYOR OR DIRECTOR) ❑ CITY CLERK ❑ ASSIGNED AG# ❑ SIGNED COPY RETURNED ;OMMENTS 1/701 R AG# DATE SENT: Draft Interlocal Agreement for SKHHP South King Housing and Homelessness Partners (Effective Date: January 1, 2019) This Interlocal Agreement ("Agreement") is entered into by and between the Cities of Auburn, Burien, Covington, Des Moines, Federal Way, Kent, Normandy Park, Renton, Tukwila, and King County, each municipal corporations and political subdivisions of the State of Washington (individually, a "Party" and collectively, the "Parties"). This Agreement relates to the creation and operation of a joint undertaking among the Parties hereto to be known as the South King Housing and Homelessness Partners ("SKHHP"). This Agreement is made pursuant to the Interlocal Cooperation Act, chapter 39.34 RCW, and has been authorized by the legislative body of each jurisdiction. WHEREAS, the Parties have a common goal to ensure the availability of housing that meets the needs of all income levels in South King County; and WHEREAS, the Parties wish to provide a sound base of housing policies and programs in South King County and to complement the efforts of existing public and private organizations to address housing needs in South King County; and WHEREAS, the Parties wish to act cooperatively to formulate affordable housing policies and strategies that address housing stability, to foster efforts to preserve and provide affordable housing by combining public funding with private -sector resources, to support implementation of the goals of the Washington State (the "State") Growth Management Act, related countywide planning policies, and other local policies and programs relating to affordable housing, and to do so efficiently and expeditiously; and WHEREAS, the Parties have determined that the most efficient and expeditious way for the Parties to address affordable housing needs in South King County is through cooperative action and pooling public and private resources; and WHEREAS, the intent of this cooperative undertaking is not to duplicate efforts of non-profit corporations and other entities already providing affordable -housing -related services; and 1 SKHHP Interlocal Agreement February 06, 2019 WHEREAS, a cooperative work plan with a primary focus on the production and preservation of affordable housing, is needed because the lack of access to affordable housing is one of the key contributors to homelessness; NOW, THEREFORE, in consideration of the mutual promises, benefits and covenants contained in this Agreement and other valuable consideration, the sufficiency of which is acknowledged, the Parties agree to the above Recitals and the following terms and conditions: 1. DEFINITIONS. The following terms used in this Agreement are defined as follows: a. Administering Agency - One or more of the Parties that will provide administrative support services on behalf of SKHHP. The Administering Agency will be the fiscal agent for SKHHP in accordance with the requirements of chapter 39.34 RCW. One Party could serve as the fiscal agent and another Party could serve as the administrative home for SKHHP staff. b. Advisory Board - A board consisting of 12 to 15 community members appointed by the Executive Board to provide advice and recommendation to the Executive Board on land and/or money resource allocation for affordable housing projects, input on policy needs related to housing stability, program design and development, recommendations for emergency shelter and other immediate affordable housing needs, and to provide public education and community outreach services. C. Executive Board - The governing board for SKHHP comprised of members as provided herein, which will act on behalf of all Parties and as may be in the best interest of SKHHP in order to carry out the purposes of this Agreement. d. Housing Capital Funds Account - An account established by the Administering Agency within the SKHHP Fund for the purpose of administering the contributions of Parties, or other public or private entities, to affordable housing projects and programs, to be known as the SKHHP Housing Capital Funds Account. The amounts in the Housing Capital Funds Account will be held and disbursed by the Administering Agency. e. Individual Account(s) - One or more subaccounts 2 SKHHP Interlocal Agreement February 06, 2019 established within the Housing Capital Funds Account for each Party to this Agreement that chooses to contribute to the Housing Capital Funds Account. Contributions to an Individual Account from a Party may be released only upon, and in accordance with, the written direction of that Party. f. SKHHP Fund - A special fund established by the Administering Agency, as authorized by RCW 39.34.030, to be known as the "Operating Fund of the SKHHP Executive Board". Within the SKHHP Fund may be established various accounts and subaccounts including but not limited to a "SKHHP Operating Account" and a "Housing Capital Funds Account". g. SKHHP Operating Account - An account created by the Administering Agency for the receipt of contributions from the Parties and other private or public entities, for the purpose of paying for the operations of and supporting the SKHHP annual budget. h. SKHHP Program Manager - The lead staff for SKHHP, reporting to the Executive Board, responsible for carrying out the SKHHP annual work plan and other terms of this Agreement. i. SKHHP Staff - The full-time and part-time staff hired or assigned with the responsibility for carrying out the SKHHP work plan. j. Sphere of Influence - The area in South King County where SKHHP is expected to conduct its work, as further described in Exhibit A. 2. PURPOSE. All Parties to this Agreement have responsibility for local and regional planning for the provision of housing affordable to residents that work and/or live in South King County. The Parties agree to act cooperatively to formulate affordable housing policies that address housing stability and to foster efforts to preserve and provide affordable housing by combining public funding with private - sector resources. In order to accomplish the purposes of this Agreement, the Parties agree to create a joint and cooperative undertaking responsible for administering the activities described herein. The cooperative undertaking among the Parties will be called the South King Housing and Homelessness Partners ("SKHHP"). The Parties further intend that this Agreement serve as a framework for all participating municipalities within the broader SKHHP Sphere of Influence to do the aforementioned work. The Parties encourage other cities and other public and private 3 SKHHP Interlocal Agreement February 06, 2019 entities in South King County within the SKHHP Sphere of Influence to join the Parties in this endeavor. 3. STRUCTURE; CREATION OF JOINT BOARD. By executing this Agreement, the Parties hereto create a joint board pursuant to RCW 39.34.030(4) to govern SKHHP. The joint board created by this Agreement will be called the "Executive Board" and will be composed of members as provided for in Section 5.a of this Agreement. The Joint Board created in this Agreement is not a separate legal or administrative entity within the meaning of RCW 39.34.030(3). The Executive Board will act on behalf of all Parties and as may be in the best interest of SKHHP in order to carry out the purposes of this Agreement. The Executive Board is not authorized to own assets or have employees. 4. RESPONSIBILITIES AND AUTHORITY. In order to carry out the purposes of SKHHP and this Agreement, the Executive Board will have the responsibility and authority to: a. Create and implement an annual work plan approved by the Executive Board to guide the work of SKHHP Staff. The work plan will include activities that may benefit multiple participating jurisdictions or individual jurisdictions. The work plan activities will be consistent with the purpose described in this Agreement. b. Provide recommendations to the Parties regarding the allocation of public and private funding for affordable housing purposes. C. Direct the Administering Agency to enter into agreements with third parties for the use and application of public and private funds contributed by individual Parties to the SKHHP Housing Capital Funds Account established in Section 14, under terms and conditions as may be agreed by the individual contributing Parties, as further described in Section 14. At least annually, report to the Parties on the geographic distribution of all housing capital funds as recommended by the SKHHP Executive Board. d. Guide the SKHHP Staff in the performance of the following duties: i. Provide recommendations to the Parties regarding local and regional affordable housing policies. SKHHP Staff will assist the Parties in developing strategies and programs to achieve State Growth M SKHHP Interlocal Agreement February 06, 2019 Management Act housing goals, growth targets, local Comprehensive Plan Housing Element goals, and local housing strategy plans, as appropriate. ii. SKHHP Staff will provide technical assistance to any Party considering adoption of land use incentives or requirements, or affordable housing programs. SKHHP Staff will research model programs, develop draft legislation, pr"epare briefing materials and make presentations to planning commissions and councils on request by a Party. SKHHP Staff will assist Parties in developing strategies and programs to implement county -wide affordable housing policies to meet State Growth Management Act objectives, growth targets, local Comprehensive Plan Housing Element goals, and local housing strategy plans for an equitable and rational distribution of low- and moderate -income housing. iii. Facilitate cooperation between the private and public sector with regard to the provision of affordable housing. SKHHP Staff will communicate directly with private developers, financial institutions, non-profit corporations and other public entities to assist in the implementation of affordable housing projects. SKHHP Staff will work directly with any Party to provide technical assistance with regard to the public funding of affordable housing projects and the implementation of affordable housing regulatory agreements for private developments. iv. SKHHP Staff will also identify public and private sites that are available for affordable housing and develop affordable housing alternatives for such sites. V. After the Housing Capital Fund is created, develop standard regulatory agreements acceptable to private and public financial institutions to facilitate the availability of funding for private and public projects containing affordable housing. vi. Provide other technical advice to any Party upon request and to enter into agreements to provide SKHHP Interlocal Agreement February 06, 2019 technical assistance to other public entities on a reimbursable basis. vii. Provide support and educational activities and to monitor legislative and regulatory activities and proposed policy changes related to affordable housing at the county, state and federal levels. Ensure that the Parties to this Agreement have a strong South King County voice in regional decision making. viii. After the Housing Capital Fund is created, develop and carry out procedures for monitoring of affordable units and to administer direct service housing programs on behalf of any Party. Such direct service housing programs may include but are not limited to relocation assistance programs, rent voucher and/or deposit loan programs. ix. Work directly with other public and private entities for the development of affordable housing policies and encourage the provision and preservation of affordable housing. X. Work with the Advisory Board appointed under this Agreement and South King County agencies working on regional housing stability and housing affordability, identify trends and promising practices, and mobilize those agencies to support South King County positions in regional decision- making forums. xi. Support public and private fundraising efforts of public and private entities (including non-profit corporations) to raise funds to carry out the purposes of this Agreement. Enter into agreements with those entities for the use of such funds in order to carry out the purposes of this Agreement. xii. As directed by the Executive Board, accept public and private funding, invest those funds in accordance with State law, and take other appropriate and necessary action to carry out the purposes of this Agreement. I. SKHHP Interlocal Agreement February 06, 2019 5. EXECUTIVE BOARD. a. Membership. SKHHP will be governed by an Executive Board composed of either an elected official or City Manager/Administrator for each city and the King County Executive, or their designated representative, of each Party. However, there. will not be more than two members on the Executive Board representing cities with population less than 5,000 persons, unless approved by the Executive Board. In the event that there are more than two Parties to this Agreement with population less than 5,000 persons, then those Parties will propose to the Executive Board for the Executive Board's approval, a method for shared membership on the Executive Board by those Parties. Municipalities, local governments and public agencies within the Sphere of Influence may become Parties to this Agreement with representation on the Executive Board described in this Section 5, upon satisfaction of the requirements of Section 20. Any member of the Executive Board representing more than one Party must be approved by the chief executive officer of those Parties being represented by the shared Executive Board member. The Executive Board will administer this cooperative undertaking under the terms of this Agreement and under any procedures adopted by the Executive Board. b. Chair. The Chair of the Executive Board will be elected by the members of the Board from the Board membership; will preside over all meetings of the Executive Board; and will, in the absence of a Program Manager provided for in Section 6 of this Agreement, process issues, organize meetings and provide for administrative support as required by the Executive Board. The Chair will serve a one-year term, but may be reelected by the Executive Board. C. Alternate Member. Each member of the Executive Board may designate one alternate member who will serve in the place of the member on the Executive Board during the member's absence or inability to serve. Notice of the designation will be provided to the Chair of the Executive Board. An alternate member may only vote on behalf of the appointing Party if the Chair has received written notice of the alternate's appointment. d. Powers. The Executive Board will have the power to (1) develop and approve an annual budget and annual work plan 7 SKHHP Interlocal Agreement February 06, 2019 for SKHHP; (2) adopt procedures for the administration of SKHHP (including securing any necessary legal counsel) and for the conduct of meetings; (3) make recommendations to the Parties concerning planning, policy, programs and the funding of affordable housing projects; (4) establish policies for the expenditure of SKHHP budgeted items; (5) designate one or more Administering Agencies to carry out the terms of this Agreement; (6) establish a special fund with the Administering Agency as authorized by RCW 39.34.030, to be known as the `Operating Fund of the SKHHP Executive Board" ("SKHHP Fund") within which Fund may be established various accounts and subaccounts including but not limited to a "SKHHP Operating Account"(into which will be deposited funding for the SKHHP operating budget) and a "Housing Capital Funds Account"; (7) hold regular meetings on those dates and at those places as the Executive Board may designate; (8) direct the Administering Agency to enter into contracts and agreements for the provision of personnel and other necessary services to SKHHP, including accounting and legal services and the purchase of insurance, and authorize the Administering Agency to execute such other contracts, agreements or other legal documents necessary with public and private entities for SKHHP to carry out its purposes; (9) establish the responsibilities for the SKHHP Program Manager, direct and oversee the Administering Agency in the hiring process and performance review for that position and direct and oversee the activities of the SKHHP Program Manager; (10) appoint members of the Advisory Board; (11) assist with incorporating and/or work with a non-profit corporation to accept grants, donations and other funds on behalf of SKHHP and direct the Administering Agency to enter into contracts or other agreements with such agency for the use of those funds to carry out the purposes of this Agreement; and (12) take whatever other action is necessary to carry out the purposes of this Agreement. 6. ADMINISTRATION AND OVERSIGHT. The Executive Board will have final decision-making authority on behalf of SKHHP over all legislative and administrative matters within the scope of this Agreement. The Executive Board may delegate responsibility for general oversight of the operations of SKHHP to a Program Manager. The SKHHP Program Manager will submit quarterly budget performance and progress reports on the status of the work program elements to the Executive Board and the legislative body of each Party. The reports and their contents will be in a form acceptable to the Executive Board. The Executive Board will, by two-thirds supermajority vote, designate one or more of the Parties to serve as the SKHHP Interlocal Agreement February 06, 2019 Administering Agency, which will provide administrative support services on behalf of SKHHP. The Administering Agency will be the fiscal agent for SKHHP in accordance with the requirements of chapter 39.34 RCW. Each Party that serves in the capacity of Administering Agency hereby agrees to comply with the terms of this Agreement applicable to the Administering Agency in order to permit SKHHP to carry out its purposes. SKHHP will be staffed with personnel provided by the Parties and/or independent contractors contracting with the Administering Agency on behalf of SKHHP. Any Party providing personnel to SKHHP will remain solely responsible for the continued payment of all compensation and benefits to those personnel as well as for any worker's compensation claims. All Parties will cooperate fully in assisting SKHHP to provide the services authorized in this Agreement. 7. MEETINGS OF EXECUTIVE BOARD. a. Frequency. The Executive Board will meet as often as it deems necessary, but not less often than quarterly. b. Quorum. A quorum at any meeting of the Executive Board will consist of the Board members (or alternates) who represent a simple majority of the Board's membership. Executive Board members (or alternates) may participate in any meeting by phone or video conferencing for all purposes, including but not limited to voting and establishing a quorum. C. Action. No action may be taken except at a meeting where a quorum exists. Action by the Executive Board requires an affirmative vote by a majority of the Board's membership, provided however, that a supermajority (two-thirds of Board members) will be required to appoint the Administering Agency, to add a new Party to this Agreement, or to modify the proposed contribution methodology for dues and assessments (see Section 15). Official action by the Executive Board may be conducted by motion, resolution, declaration, or other means as determined to be necessary by the Executive Board, provided however, appointment of the Administering Agency or Agencies shall be completed by resolution. All official action of the Executive Board shall be recorded in its official minutes. Each Executive Board member, or his or her alternate, will have one vote on any proposed action; except that shared member voting shall be in accordance with the Executive Board's approval under Section 5 (a). Proxy voting will not be allowed. To the extent 0 SKHHP Interlocal Agreement February 06, 2019 applicable to meetings of the Executive Board, the Executive Board will comply with applicable requirements of the Washington State Open Public Meetings Act (chapter 42.30 RCW). 8. ADVISORY BOARD. The Executive Board will create an Advisory Board to provide advice and recommendation to the Executive Board on land and/or money resource allocation for affordable housing projects, input on policy needs related to housing stability, program design and development, recommendations for emergency shelter and other immediate affordable housing needs, and to provide public education and community outreach services. The Advisory Board will be created before the end of the first year of SKHHP operations (with the start of the year defined as the hiring of the SKHHP Program Manager). The Advisory Board will consist of not more than fifteen (15) and not less than twelve (12) community members. The Executive Board will appoint members to the Advisory Board. Members appointed to the Advisory Board must have knowledge and understanding of affordable housing, be committed to the furtherance of affordable housing in South King County, and represent diverse community perspectives. Appointments will be for a four-year term with service limited to a total of two consecutive terms. The Executive Board will adopt procedures for the convening and administration of the Advisory Board. A member may be removed from the Advisory Board by the Executive Board with or without cause on a majority vote of membership of the Executive Board. 9. MEETINGS OF ADVISORY BOARD. a. Frequency. The Advisory Board will meet as often as it deems necessary, but not less often than quarterly. b. Quorum. A quorum at any meeting of the Advisory Board will consist of the Board members who represent a simple majority of the Board's membership. Advisory Board members may participate in any meeting by phone or video conferencing for all purposes, including but not limited to voting and establishing a quorum. C. Action. No action may be taken except at a meeting where a quorum exists. Action by the Advisory Board requires an affirmative vote by a majority of those members attending a Board meeting where a quorum exists. Official action by the Advisory Board may be conducted by motion, resolution, declaration, or other means as determined to be necessary by the Advisory Board. Proxy voting is not allowed. 10 SKHHP Interlocal Agreement February 06, 2019 To the extent applicable to meetings of the Advisory Board, the Advisory Board will comply with applicable requirements of the Washington State Open Public Meetings Act (chapter 42.30 RCW). 10. AGREEMENT DURATION. This Agreement will be in full force and effect for a period commencing as provided in Section 34, and ending December 31 2020. This Agreement will automatically renew for successive two-year terms, unless sooner terminated under the provisions of this Agreement. 11. TERMINATION OF terminated at any legislative bodies time by of the AGREEMENT. This Agreement may affirmative vote of a majority of Parties to this Agreement. be the Upon termination of this Agreement, all property acquired during the life of the Agreement will be disposed of in the following manner: a. all property contributed without charge by any Party will revert to the contributing Party; b. all property purchased on behalf of SKHHP after the effective date of this Agreement will be distributed to the Parties based on each Party's pro rata contribution to the overall budget at the time the property was purchased; C. except as provided in Subsection d. below, all unexpended or reserve funds will be distributed to the Parties based on each Party's pro rata contribution to the overall budget in effect at the time the Agreement is terminated; d. all uncommitted monies in the Housing Capital Funds Account will be distributed to the Parties by remitting the total uncommitted amounts remaining in each Party's Individual Account (as described in Section 14) to that Party; and e. each Party that has funded a project through the Housing Capital Funds Account will be substituted for the Administering Agency with regard to all project financing documents, and the Administering Agency will be released from further obligations with respect thereto. 12. WITHDRAWAL. If a Party wishes to withdraw from participation in this Agreement, it may do so after the initial two year term if it first gives three months advance written notice to the Executive Board of its intention to withdraw, which notice will be due on or before October 1, 2020. If notice 11 SKHHP Interlocal Agreement February 06, 2019 of an intent to withdraw is timely received, withdrawal will be effective as of 11:59 p.m. on December 31, 2020. The initial members of SKHHP agree they will participate for at least the first two years of the collaboration. After January 1, 2021, an opportunity is provided once per year for a Party to withdraw from this Agreement. Under this provision, advance written notice must be provided to the Executive Board on or before July 1, of its intention to withdraw from participation in the Agreement, effective as of 11:59 p.m. on December 31St of that current year. Any Party withdrawing from this Agreement will remain legally and financially responsible for any obligation incurred by the Party pursuant to the terms of this Agreement, including but not limited to any project financing documents executed by the Administering Agency on behalf of that Party, during the time the withdrawing Party was a member of SKHHP. A notice of withdrawal may be revoked by the Party that submitted the notice only by approval of a majority of the Executive Board to accept the revocation. Any Party that provides written notice of its intent to withdraw may continue to vote on all matters before the Executive Board prior to the effective date of its withdrawal, except the budget and work plan for the following year. 13. BUDGET. The fiscal year for SKHHP will be January 1 to December 31 of any year. The first year budget and anticipated second year budget for SKHHP are attached to this Agreement as Exhibit B and incorporated herein by this reference. Approval of this Agreement by the legislative body of each Party includes approval of the first year SKHHP budget. For subsequent years, on or before June 1st of each year, a recommended operating budget and work plan for SKHHP for the next budget year will be prepared, reviewed and recommended by the Executive Board and transmitted to each Party. The recommended operating budget will contain an itemization of all categories of budgeted expenses and will contain an itemization of the amount of each Party's contribution, including in-kind services, toward that budget. Contributions to the SKHHP annual budget may also come from other public or private entities. The Executive Board will approve acceptance of those contributions. a. No recommended budget or work plan will become effective until approved by the legislative body of each Party and adopted by the Executive Board, except for SKHHP's first year (2019). For the first year, the budget will be approved as 12 SKHHP Interlocal Agreement February 06, 2019 part of the approval of this Agreement, and the first year work plan must be approved by the Executive Board. Once the legislative body of each Party has approved its contribution to SKHHP, either separately or through its budget process, and the SKHHP budget has been adopted by the Executive Board, each Party will be obligated to make whatever contribution(s) is budgeted for that Party. If a Party does not approve the work plan or budget in a timely manner, the Executive Board may adopt the annual budget and work plan with a two-thirds majority vote. b. Each Party's contribution(s) will be transmitted to SKHHP on a quarterly basis at the beginning of each quarter unless otherwise provided in the budget document. Each Party will specify the amount of its contribution to be deposited by the Administering Agency into the SKHHP Operating Account, as well as the amount, if any, to be deposited into the Party's Individual Account within the SKHHP Housing Capital Funds Account established by Section 14. C. If any Party is delinquent by more than three months in the payment of its approved operating budget contribution to the SKHHP Operating Account, that Party will not be entitled to vote on matters before the Executive Board until the delinquency has been paid. A Party's decision not to contribute funds to its Individual Account, or its delinquency in funding the same will not affect that Party's voting rights on the Executive Board. 14. HOUSING CAPITAL FUNDS ACCOUNT ESTABLISHED; PROCEDURES FOR ADMINISTERING HOUSING CAPITAL FUNDS ACCOUNT CONTRIBUTIONS. If authorized by resolution of the Executive Board, the Administering Agency may establish and maintain an account within the SKHHP Fund for the purpose of administering the contributions of Parties, or other public or private entities, to affordable housing projects and programs, to be known as the SKHHP Housing Capital Funds Account. The amounts in the Housing Capital Funds Account will be held and disbursed by the Administering Agency as described in this Agreement. a. Within the Housing Capital Funds Account, a sub - account will be established for each Party to this Agreement that chooses to contribute to the Housing Capital Funds Account. Such sub -accounts are collectively referred to as the "Individual Accounts." Contributions to an Individual Account from a Party may be released only upon, and in accordance with, the written direction of that Party. 13 SKHHP Interlocal Agreement February 06, 2019 b. A subaccount will be established within each Individual Account for each project or program funded in whole or part by a Party from its Individual Account. Such sub - accounts are referred to as "Project Accounts." C. The Administering Agency will maintain records sufficient to separately track the deposits, withdrawals and interest earnings, within each Individual Account and each Project Account, and will provide quarterly reports to all Parties as to the status of funds in each Individual Account and Project Account. The Administering Agency's responsibilities under this Section may be delegated to the SKHHP Program Manager to the extent consistent with applicable law and as the Administering Agency and Executive Board may agree. d. Funds transmitted to SKHHP for deposit in the Housing Capital Funds Account will be held by the Administering Agency on behalf of SKHHP until directed for application to a specific project or program by the contributing Party. Uncommitted funds in an Individual Account will be remitted to the contributing Party within 45 days of receipt of written request from the Party signed by its chief executive officer, or upon the Party's withdrawal from SKHHP in accordance with the terms of Section 12, or on the dissolution of SKHHP per Section 11. e. Funds held by the Administering Agency on behalf of SKHHP will be subject to laws applicable to public funds, including but not limitations on investments for public funds as provided in State law and the State constitutional limitations on the gifting of public funds. Investment earnings will be credited to each Individual Account and Subaccount on a pro rata basis. f. The Executive Board will develop standard forms of approvals and agreements to be used in the application of funds contributed to the Housing Capital Funds Account (collectively referred to as "project financing documents"), consistent with the following goals and procedures: i. Each Party choosing to participate in funding a project or program through the Housing Capital Funds Account will by action of its legislative body authorize the application of a specified amount of its Individual Account monies to such project or program, and will authorize and direct the SKHHP Executive Board, the SKHHP Program 14 SKHHP Interlocal Agreement February 06, 2019 Manager, and the Administering Agency to take such actions as necessary to accomplish this. The Executive Board will recommend to the individual legislative bodies various terms to accompany their authorizations, and the legislative body authorizations will at a minimum include terms related to: 1. amount of funds allocated; 2. project description, including minimum affordability requirements, if any; 3. nature of the funding commitment (loan, grant, or other); 4. in the event the funding commitment is provided as a loan, the general repayment terms including but not limited to the term of the loan and applicable, interest rate(s); and 5. a general description of the security interests, if any, to be recorded in favor of the Party. ii. For each individual housing project or program to be funded through the Housing Capital Funds Account, the developer, owner or administrator of such project or program (generally referred to as the "developer"), will enter into the necessary set of agreements (project financing documents) with the Administering Agency. The project financing documents will specify that the Administering Agency is acting as administering agency on behalf of each Party that is providing Housing Capital Funds Account funding to the project or program pursuant to this Agreement and RCW 39.34.030(4), and will identify each participating funding Party. The project financing documents will be consistent with general forms of agreement approved by the Executive Board and the terms and conditions approved by the legislative bodies of the funding Parties. To the extent permitted by law, the project financing agreements will incorporate all terms and conditions relative to the use and (if applicable) repayment of such funds, and provide for transfer of the Housing Capital Funds Account monies from the funding Parties to the developer. iii. Funding contributions to, and repayments (if any) from, specific projects and programs will be 15 SKHHP Interlocal Agreement February 06, 2019 recorded by the Administering Agency, including recording of monies deposited and withdrawn from each Party's Individual Account and Project Accounts. Repayments (if any) under any project financing agreement will be applied pro rata to the funding Parties' Individual Accounts based on the ratio of funding contributed to the project by each Party, unless the funding Parties otherwise agree. iv. Unless the Parties funding a project or program through the Housing Capital Funds Account otherwise agree, a default, termination or other action against a developer or other third party may be declared only after securing approval in writing of the chief executive officers of funding Parties which together have contributed not less than 510 of the total SKHHP member funding to the project. The Administering Agency will provide reasonable notice and information regarding the status of projects as necessary to each funding Party's chief executive officer to allow them to make a timely decision in this regard. Funding Parties not consenting to such default, termination or other action will be bound by the decision of the majority. All funding Parties will be obligated on a pro rata basis (based on their contributions to the project) to pay to the Administering Agency its reasonable costs and expenses incurred as a result of declaring a default, terminating an agreement or taking other action against a developer or other third party. Any funds recovered through such enforcement proceedings will be allocated to the funding Parties Individual Accounts pro rata based on their respective funding contributions to a project. V. The Executive Board may from time to time authorize the Administering Agency to administer housing project agreements entered into before the effective date of this Agreement, upon terms consistent with this Agreement and subject to the consent of the Administering Agency and the Parties to such agreements. 16 SKHHP Interlocal Agreement February 06, 2019 15. DUES, ASSESSMENTS AND BUDGET AMENDMENTS. Contributions to the SKHHP Operating fund will be based on groupings of like - sized cities (based on population), or whatever contribution methodology is approved by a two-thirds majority of the Executive Board. Funding for the activities of SKHHP will be provided solely through the budgetary process. Unless otherwise specified in this Agreement, no dues, charges or assessments will be imposed or required of the Parties except upon unanimous vote of the membership of the Executive Board and ratification by the legislative body of each Party subject to the dues, charges or assessments. An approved budget (the overall revenues and expenditures) will not be modified until approved by the legislative body of each Party and finally adopted by the Executive Board. If a Party agrees to totally fund an additional task to the work program, not currently approved in the budget, the task may be added to the work plan and the budget amended to reflect the funding of the total cost of such task by the requesting Party, upon approval by a majority of the membership of the Executive Board without approval by the individual Parties. Notwithstanding the foregoing, contributions by a Party to its Individual Account within the Housing Capital Funds Account will be solely within the discretion of that Party and are not considered "dues or assessments." 16. PUBLIC RECORDS REQUESTS. Records of SKHHP will be held by the Administering Agency, in addition to any records the Parties themselves may retain concerning their participation in SKHHP. These records may include meeting agendas, meeting summaries, reports, plans, budgets, and other documents. When a Party receives a request for records that may be held by the Administering Agency, the Party will refer the request to its own Executive Board member. The Party's Executive Board member will then work with the Administering Agency to gather all responsive records. The Party receiving the request should work with its own public records staff (if any) to describe the request with sufficient specificity to allow the Administrative Agency to identify and provide the records being sought. If any clarification of the request is required, the Party receiving the request will obtain that clarification from the requester. All communication with the requester will be by the Party to whom the request was submitted. In consultation with the Administering Agency, it will be the responsibility of the Party to whom the request for records was made to estimate the time it will need to produce responsive records, determine which records are responsive to the request, 17 SKHHP Interlocal Agreement February 06, 2019 and address any redactions permitted by law. The Party that receives the request will bear the responsibility of complying with the Public Records Act in relation to its public records. Nothing in this Section is intended to require a Party to collect or produce records that are not prepared, owned, used, or retained by that Party as contemplated by the Public Records Act. 17. INDEMNIFICATION AND HOLD HARMLESS. a. Each Party will indemnify, defend and hold other Parties (including without limitation the Party serving as, and acting in its capacity as, SKHHP's Administering Agency), their officers, officials, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of that Party's wrongful acts or omissions in connection with the performance of its obligations under this Agreement, except to the extent the injuries or damages are caused by another Party. If there is any recovery under this Section, the Party responsible for any wrongful acts or omissions will pay any judgment or lien arising from the acts or omissions, including all costs and other Parties' reasonable attorney's fees. If more than one Party is held to be at fault, the obligation to indemnify and to pay costs and attorney's fees, will be only to the extent of the percentage of fault allocated to each respective Party by a final judgment of the court. b. If a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of a Party (including without limitation the Party serving as, and acting in its capacity as, SKHHP's Administering Agency), its officers, officials, employees, and volunteers, the Party's liability hereunder will be only to the extent of the Party's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Party's waiver of immunity under Industrial Insurance Title 51 RCW, solely for the purpose of this indemnification. This waiver has been mutually negotiated by the Parties. The provisions of this Section will survive the expiration or termination of this Agreement. C. Each Party (including without limitation the Party serving as, and acting in its capacity as, SKHHP's 18 SKHHP Interlocal Agreement February 06, 2019 Administering Agency) will give the other Parties proper notice of any claim or suit coming within the purview of these indemnities. 18. INSURANCE. The Executive Board, SKHHP Program Manager and the Administering Agency will take such steps as are reasonably practicable to minimize the liability of the Parties associated with their participation in this Agreement, including but not limited to the utilization of sound business practice. The Executive Board will determine which, if any, insurance policies may be reasonably practicably acquired to cover the operations of SKHHP and the activities of the Parties pursuant to this Agreement (which may include general liability, errors and omissions, fiduciary, crime and fidelity insurance), and will direct the acquisition of same. 19. AMENDMENTS. Any amendments to this Agreement must be in writing. This Agreement may be amended upon approval of at least two-thirds of the legislative bodies of all Parties to this Agreement, evidenced by the authorized signatures of those Parties as of the effective date of the amendment. However, any amendment to this Agreement affecting the terms and conditions of membership on the Executive Board, powers of the Executive Board, voting rights of Executive Board members, Party contribution responsibilities, hold harmless and indemnification requirements, provisions regarding duration, termination or withdrawal, or the conditions of this Section will require consent of the legislative authorities of all Parties. This Section will not be construed to require amendment of this Agreement for the addition of a new Party contemplated under Section 20 or for any related revision to Executive Board membership authorized in Section 5(a). 20. ADDITIONAL PARTIES. Municipalities, local governments and public agencies within the SKHHP Sphere of Influence may, on execution of the Agreement and approval of the budget and work plan by its legislative body, become a Party to this Agreement on affirmative vote of a two-thirds majority of the membership of the Executive Board. The Executive Board will determine by a vote of a majority of its membership what, if any, funding obligations the additional Party will commit to as a condition of becoming a Party to this Agreement. 21. SEVERABILITY. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this Agreement, will not affect the validity of the remaining provisions of the Agreement. 19 SKHHP Interlocal Agreement February 06, 2019 22. CONFLICT RESOLUTION. Whenever any dispute arises between the Parties or between a Party or Parties, the Executive Board, or the Administering Agency (referred to collectively in this Section as the "Parties") under this Agreement which is not resolved by routine meetings or communications, the parties agree to seek resolution of such dispute in good faith by meeting, as soon as feasible. The meeting will include the Chair of the Executive Board, the SKHHP Program Manager, and the representative (s) of the Parties involved in the dispute. If the parties do not come to an agreement on the dispute, any party may pursue mediation through a process to be mutually agreed to in good faith between the parties within 30 days, which may include binding or nonbinding decisions or recommendations. The mediator(s) will be individuals skilled in the legal and business aspects of the subject matter of this Agreement. The parties to the dispute will share equally the costs of mediation and assume their own costs. 23. SURVIVABILITY. Notwithstanding any provision in this Agreement to the contrary, the provisions of Section 10 (Agreement Duration), Section 11 (Termination of Agreement), Section 12 (Withdrawal), Section 16 (Public Records Requests), and Section 17 (Indemnification and Hold Harmless) will remain operative and in full force and effect, regardless of the withdrawal or termination of any Party or the termination of this Agreement. 24. WAIVER. No term or provision of this Agreement will be deemed waived and no breach excused unless that waiver or consent is in writing and signed by the Party claimed to have waived or consented. 25. SUBSEQUENT BREACH. Waiver of any default will not be deemed a waiver of any subsequent default. Waiver of breach of any provision of this Agreement will not be deemed to be a waiver of any other or subsequent breach and will not be construed to be a modification of the terms of the Agreement unless stated to be such through written approval of all Parties. 26. NOTICE. Any notice to the Executive Board will be in writing and will be addressed to the Chair of the Executive Board and to the SKHHP Program Manager. In the absence of a SKHHP Program Manager, notice will be given to the chief executive officer of the Administering Agency. Any notice to an 20 SKHHP Interlocal Agreement February 06, 2019 Officer or Party will be sent, to the address specified by the chief executive officer of the Party. 27. ASSIGNMENT. No Party may sell, transfer or assign any of its rights or benefits under this Agreement without Executive Board approval. 28. APPLICABLE LAW AND VENUE. This Agreement and any rights, remedies, or obligations provided for in this Agreement will be governed, construed, and enforced in accordance with the substantive and procedural laws of the State. The Parties agree that the venue for any legal action under this Agreement is in the County in which a project is located, provided that the venue for any legal action against King County may be filed in accordance with RCW 36.01.050. 29. RETAINED the responsibility their own internal housing activities. RESPONSIBILITY AND AUTHORITY. Parties retain and authority for managing and maintaining systems and programs related to affordable 30. INDEPENDENT CONTRACTORS. Each Party to this Agreement is an independent contractor with respect to the subject matter of this Agreement. No joint venture or partnership is formed as a result of this Agreement. Nothing in this Agreement will make any employee of one Party an employee of another party for any purpose, including, but not limited to, for withholding of taxes, payment of benefits, worker's compensation pursuant to Title 51 RCW, or any other rights or privileges accorded by virtue of their employment. No Party assumes any responsibility for the payment of any compensation, fees, wages, benefits or taxes to or on behalf of any other Party's employees. No employees or agents of one Party will be deemed, or represent themselves to be, employees of another Party. 31. NO THIRD PARTY BENEFICIERIES. This Agreement is for the benefit of the Parties only, and no third party will have any rights under this agreement. 32. NONDISCRIMINATION. The Parties will comply with the nondiscrimination requirements of applicable federal, state and local statutes and regulations. 21 SKHHP Interlocal Agreement February 06, 2019 33. COUNTERPARTS. This Agreement may be signed in counterparts and, if so signed, will be deemed one integrated Agreement. 34. FILING AND EFFECTIVE DATE; PRIOR AGREEMENTS. This Agreement will become effective January 1, 2019, subject to its approval by the legislative bodies of all jurisdictions who are members of SKHHP as of January 1, 2019, and, pursuant to RCW 39.34.040, upon recording this Agreement or posting this Agreement on a Party's web site or other electronically retrievable public source. Although this Agreement may be approved and signed by a Party after the Agreement's effective date, all acts consistent with the authority of this Agreement that occur on or after January 1, 2019, are hereby ratified and affirmed, and the terms of this Agreement will be deemed to have applied. (Signature Page Follows) 22 SKHHP Interlocal Agreement February 06, 2019 Approved Name of Party: By: Its: and executed ,2019. 23 this Approved as to form City Attorney SKHHP Interlocal Agreement February 06, 2019 day of I Exhibit A - SKHHP Sphere of Influence I Sea I t le I't k N". With Island 24 SKHHP Interlocal Agreement February 06, 2019 M. Lig King County EXHIBIT B FIRST YEAR SKHHP BUDGET 9 cities & King County Year 1: 10 months of Operations Annual Expense Budget Full-time manager with salary/taxes/benefits $ 130,000 Administrative & low-level policy support with salary/taxes/benefits $ 90,000 Expenses - travel, phone, postage, and start-up costs $ 19,000 Space $ 12,000 SubTotal $ 251,000 10% Fiscal Administration Fee $ 25,100 TOTAL $ 276,100 Cost for 10 months of Operations: $ 230,083 Revenue Budget Outside sources* (County, philanthropy, aligned organizations) Office Space (in-kind donation) [Pro -rated] Shared among participating cities (see below) TOTAL Shares for ParticiDatina cities: *Outside sources KC Housing Authority 15,000 Enterprise 5,000 King County*** 48,000 TOTAL 68,000 ***King County has committed $75,000, including covering the share for unincorporated (In Year 1, the accrual from the unicorporated SKC share is used for $7K in startup costs) 25 SKHHP Interlocal Agreement February 06, 2019 $ 68,000 $ 10,000 $ 152,083 $ 230,083 **Grouped by Size Population % of <10,000 $ (OFM 2018 est) Population Grouped by Size** Auburn 80,615 12% $ 20,236 Burien 51,850 8% $ 11,675 Covington 20,080 3% $ 5,837 Des Moines 31,340 5% $ 5,837 Federal Way 97,440 15% $ 20,236 Kent 128,900 20% $ 26,463 Normandy Park 6,700 1% $ 3,113 Renton 104,100 16% $ 26,463 Tukwila 19,800 3% $ 5,837 Unincorporated SKC 111,000 17% $ 26,463 TOTAL 651,825 $ 152,161 *Outside sources KC Housing Authority 15,000 Enterprise 5,000 King County*** 48,000 TOTAL 68,000 ***King County has committed $75,000, including covering the share for unincorporated (In Year 1, the accrual from the unicorporated SKC share is used for $7K in startup costs) 25 SKHHP Interlocal Agreement February 06, 2019 $ 68,000 $ 10,000 $ 152,083 $ 230,083 **Grouped by Size Ranges <10,000 $ 3,113' 10,001- 35,000: $ 5,837' 35,001- 65,000: $ 11,675 65,001- 100,000 $ 20,236 100,001+ : $ 26,463 SECOND YEAR SKHHP DRAFT BUDGET Population % of 9 cities & King County (OFM 2018 est) Year 2: Full Year of Operations Grouped by Size** Auburn Annual Expense Budget 12% $ 26,000 Full-time manager with salary/taxes/benefits $ 130,000 Administrative & low-level policy support with salary/taxes/benefits $ 90,000 Expenses - travel, phone, postage $ 12,000 Space $ 12,000 SubTotal $ 244,000 10% Fiscal Administration Fee $ 24,400 TOTAL $ 268,400 Revenue Budget Outside sources* (County, philanthropy, aligned organizations) $ 61,000 Office Space (in-kind donation) $ 12,000 Shared among participating cities (see below) $ 195,400 TOTAL $ 268,400 Shares for Participatina cities: *Outside sources Population % of KC Housing Authority 15,000 (OFM 2018 est) Population Grouped by Size** Auburn 80,615 12% $ 26,000 Burien 51,850 8% $ 15,000 Covington 20,080 3% $ 7,500 Des Moines 31,340 5% $ 7,500 Federal Way 97,440 15% $ 26,000 Kent 128,900 20% $ 34,000 Normandy Park 6,700 1% $ 4,000 Renton 104,100 16% $ 34,000 Tukwila 19,800 3% $ 7,500 Unincorporated SKC 111,000 17% $ 34,000 TOTAL 651,825 i $ 195,500 *Outside sources **Grouped by Size Ranges KC Housing Authority 15,000 <10,000 $ 4,000 Enterprise 5,000 10,001- 35,000: $ 7,500 King County*** 41,000 35,001- 65,000: $ 15,000 65,001- 100,000 $ 26,000 100,001+ : $ 34,000 TOTAL 61,000 ***King County has committed $75,000, including covering the share for unincorporated 26 SKHHP Interlocal Agreement February 06, 2019 6h COUNCIL MEETING DATE: February 19, 2019 ITEM #: ....................... :................................................................................................ .......................................... ....... ............................................................................................. ..... ..................................................................................................... .............................................................................................. . CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: RESOLUTION of the City of Federal Way, Washington, supporting the Washington State Legislature's efforts to address projected growth at Sea -Tac Airport and the need for a new commercial aviation facility, and requesting that Port of Seattle delay Airport infrastructure projects until such time as the Puget Sound Regional Council and the Department of Commerce complete airport -related studies. POLICY QUESTION: Should the City Council express support of the Washington State Legislature's efforts to address projected growth at Sea -Tac Airport and the need for a new commercial aviation facility, and request that Port of Seattle delay Airport infrastructure projects until such time as the Puget Sound Regional Council and the Department of Commerce complete airport -related studies? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ® Resolution ❑ Other STAFF REPORT BY: Yarden F. Weidenfeld Senior PolicyAdvisor DEPT: Mayor's Office ........ ................................................................................................. r......................................................._....... ....................... ................_........._.................................................. Attachments: Staff Report Resolution Attachments • Senate Bill 5370, Bill Digest, and Bill Report • House Bill 1683 and Bill Analysis Options Considered: 1) Pass the resolution as drafted. 2) Decline to pass the resolution as drafted. MAYOR'S RECOMMENDATION: Pass the resy"ona s.drafted. MAYOR APPROVAL:� ICL `01 IN DIRECTOR APPROVAL: w Z' - f ttee cotKicil I Initial/Date Initial/Date initial/Date COMMITTEE RECOMMENDATION: N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed resolution. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 12/2017 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: February 14, 2019 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Yarden F. Weidenfeld, Senior Policy Advisor, Mayor's Office SUBJECT: Resolution of the City of Federal Way, Washington, supporting the Washington State Legislature's efforts to address projected growth at Sea -Tac Airport and the need for a new commercial aviation facility, and requesting that Port of Seattle delay Airport infrastructure projects until such time as the Puget Sound Regional Council and the Department of Commerce complete airport -related studies. Financial Impacts: NONE Background Information: Proiected Growth at Sea -Tac Airport and the Need for a New Commercial Aviation Facility On October 16, 2018, City Council unanimously approved all recommendations contained in the Report of Mayor Ferrell's Quiet and Healthy Skies Task Force. One of those recommendations was to support, closely monitor, and advocate for Federal Way's interests during and after the Puget Sound Regional Council's (PSRC's) Central Puget Sound Regional Aviation Baseline Study, requested and funded by the FAA, which will analyze the potential capacity of regional airspace and airports in King, Kitsap, Pierce, and Snohomish counties to meet future air travel and cargo demand generated by those counties. In the explanation of that recommendation, the Report noted that "[o]nce this study is completed, the City of Federal Way should support the siting of a new regional airport." At the November 28, 2018 meeting of the Highline Forum, PSRC Executive Director Josh Brown Brown emphasized that the PSRC study is not a siting study and that it would be up to state leaders to flag other issues. City of Des Moines Mayor Matt Pina pointed out that originally, cities got behind this study because it was supposed to include a siting study. I (Weidenfeld) seconded what Mayor Pina said and referenced the PSRC siting study that was completed twenty years ago. I also pointed out that Mayor Ferrell had ensured, as a PSRC executive board member, that capacity and local community impacts would be part of the study. And I referenced the study scope as including "provid[ing] options for addressing the Central Puget Sound region's future Rev. 7/18 aviation needs, including institutional relationships and examples from other regions." Brown responded that PSRC would rather under -promise and over -deliver than the other way around. On December 4, 2018, City Council unanimously approved Mayor Ferrell's proposed 2019 legislative agenda, which includes support for "[i]mplement[ation] [of] the recommendations of the recently completed Washington State Legislature Joint Transportation Committee Air Cargo Movement Study." (An unrelated amendment to the legislative agenda was unanimously approved on January 2, 2019.) According to this study, Sea -Tac Airport and Boeing Field together currently account for 85% of the entire state's air cargo traffic. The Study supports development of non -hub airports into centers for regional ground-based logistical operations. This would alleviate concerns that Federal Way and other South King County residents have with increasing Sea -Tac air traffic. On January 18, 2019, several state senators, including the 30th District's Senator Claire Wilson, introduced Senate Bill 5370, which would create a state commercial aviation coordinating commission charged with determining the state's long-range commercial aviation facility needs and the site of a new commercial aviation facility. On January 28, 2019, the companion House Bill 1683 was introduced by several state representatives, including the 30th District's Representatives Pellicciotti and Reeves. Given the history as outlined above, it would behoove the City of Federal Way to publicly support these bills, as the Burien City Council effectively did on January 28, 2019 by passing a resolution urging "that the State Legislature recognize and immediately take action to identify and begin development of additional sites within Western Washington to accommodate air travel and air cargo demand." The siting of a new airport is important for Federal Way because, while air travel is an essential component of economic growth for the region and state, the benefits to Federal Way from Sea -Tac Airport are substantially negated by the harmful impacts of aircraft operations, as noted in the Report of Mayor Ferrell's Quiet and Healthy Skies Task Force. Many residents of Federal Way live under flight paths and are thus burdened with a decreased quality of life, sleep deprivation, increased exposure to health risks from emissions, and decreased property values. Federal Way residents are also excluded from Sea-Tac's Part 150 noise mitigation zone despite having been experiencing an unbearable level of air traffic overhead at all hours of the day and night. It is only projected to get worse. According to the Port's Sustainable Airport Master Plan (SAMP), passenger demand is expected to increase from 46.9 million annual passengers in 2017 to 56 million in 2027 to 66 million in 2034. Furthermore, the Sustainable Airport Master Plan (SAMP) "short-term" proposal, (which itself involves construction of a 19 -gate new passenger terminal, new taxiway extensions, additional air cargo facilities, and approximately thirty other infrastructure projects), is only projected to handle increased passenger demand through 2027. But in the words of the SAMP Executive Summary, "as currently configured and operated," Sea-Tac's "airfield/airspace Rev. 7/18 system ... would have insufficient capacity to meet the unconstrained 20 -year forecast demand [i.e., beyond 2027]." Clearly, it is time to look at siting a new regional airport, a process that would be commenced by Senate Bill 5370 and companion House Bill 1683. Request that Port of Seattle delay Airport infrastructure proiects until such time as the Puget Sound Regional Council and the Department of Commerce complete airport -related studies As noted above, the Sustainable Airport Master Plan (SAMP) "short-term" proposal, which would only handle projected increased passenger demand through 2027, itself involves construction of a 19 -gate new passenger terminal, new taxiway extensions, additional air cargo facilities, and approximately thirty other infrastructure projects. The Port has indicated that the twenty additional airport expansion and redevelopment improvement projects that would be necessary to meet "long-term" demand (i.e. through 2034) are not "ripe for review." Needless to say, these expansion plans have only exacerbated the concerns of many Federal Way residents, who are already burdened by excessive aircraft noise and emissions. Due to these concerns and those expressed by other nearby communities, the State of Washington and the six cities of Burien, Des Moines, Federal Way, Normandy Park, Seatac, and Tukwila are funding a study by the State of Washington Department of Commerce on the impacts that airport operations have on quality of life associated with air traffic noise and emissions in the six noted cities. On September 4, 2018, City Council approved participation in this study with $70,795.27 in funding. The, study is due to be submitted to the State Legislature on June 1, 2020. This is the first study in more than twenty years on local impacts of the airport. Since these impacts are at the core Federal Way residents' concerns, it is in the interests of the City that its results be considered as part of SAMP environmental review, inform SAMP analysis, and be used to determine feasible alternatives and mitigation Also, as referenced above, Puget Sound Regional Council (PSRC) recently accepted approximately $1 million in funding from the Federal Aviation Administration (FAA) to conduct a regional aviation baseline study. The objective of this study "is to provide a clear picture of the aviation activities and needs in the central Puget Sound region (King, Kitsap, Pierce, and Snohomish) and set the stage for future planning." At the insistence of Mayor Ferrell, who is a member of the PSRC Executive Board, airport capacity and local community impacts were made part of the study's scope. At the November 28, 2018 Highline Forum meeting, PSRC Executive Director Josh Brown stated that their goal is for the study to be completed by early 2020. Once again, SAMP environmental review cannot be considered complete without an evaluation of the results of this study, as, according to the study's scope of work summary, it "is expected to produce information critical for understanding the region's Rev. 7/18 aviation needs and options for policy makers to consider for meeting those needs in the future." Mayor Ferrell's 18 -page comment on scoping for environmental review of the SAMP, submitted on September 27, 2018 on behalf of the City of Federal Way, as authorized by City Council on September 18, 2018, includes the request to delay the issuance of the SAMP environmental impact statement (EIS) until both of these studies are completed. It should also be noted that one of the resolutions passed by the Burien City Council on January 28, 2019 contained a section on this issue identical to the one being proposed here. Conclusion drafted. Mayor Ferrell recommends that the City Council pass the proposed resolution as Rev. 7/18 SENATE BILL REPORT SB 5370 As of February 5, 2019 Title: An act relating to creating a state commercial aviation coordinating commission. Brief Description: Creating a state commercial aviation coordinating commission. Sponsors: Senators Keiser, Warnick, Saldana, Hasegawa, Wilson, C. and Honeyford. Brief History: Committee Activity: Transportation: 2/04/19. Brief Summary of Bill • Creates a Commercial Aviation Coordinating Commission tasked with identifying a location for a new primary commercial aviation facility. SENATE COMMITTEE ON TRANSPORTATION Staff. Hayley Gamble (786-7452) Background: Past Studies. In 1990, SB 6480 created the Air Transportation Commission (AIRTRAC) with a broad mandate to study the state's air transportation needs. AIRTRAC concluded the addition of a third runway at Sea -Tac was the only viable solution to meeting regional air service needs. In 1994, the Legislature dissolved AIRTRAC and a moratorium on Puget Sound airport expansion correspondingly expired. A Joint Transportation Committee (JTC) air cargo study completed in December 2018 concluded that while airside capacity is adequate, landside capacity—such as cargo buildings —is inadequate to meet the cargo needs of the main air cargo airports in the state, particularly at Sea -Tac. The landside capacity deficit could be worsened by the rapid growth of passenger demand at Sea -Tac. The JTC study further concluded access to the two Seattle airports is restricted due to congestion and increasing costs to shippers and trucking companies. The study recommended a number of strategies to address air cargo congestion in Washington, including developing non -hub airports into regional logistics centers, establishing an air cargo development program, and marking Washington air cargo. This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not apart of the legislation nor does it constitute a statement of legislative intent. Senate Bill Report - 1 - SB 5370 Current Studies. Sea -Tac is the ninth busiest airport in the nation when measured by passenger boardings-22.6 million in 2017—and nineteenth in air cargo volume in North America -425,000 metric tons in 2017. The airport offers daily, non-stop service to 90 domestic and 25 international destinations. Both passenger and cargo traffic are forecast to continue to grow. Sea -Tac airport is currently in the environmental review phase of a master plan to address growth at the airport. In 2018 the Federal Aviation Administration (FAA) funded the Puget Sound Regional Council (PSRC) to complete a regional aviation baseline study. The study will build on individual airport master plans and set a regional stage for future aviation planning. The PSRC study is not a siting study, but will provide a comprehensive view of the regional aviation system and inform follow-up actions by policymakers. Summary of Bill: An intent section states the Legislature seeks to identify a location for a new primary commercial aviation facility in Washington. The state Commercial Aviation Coordinating Commission (Commission) is created. Commission's Role, The Commission must initiate a broad review of potential aviation facility sites, review existing data, and conduct research as necessary. A shortlist of six sites must be recommended by January 1, 2020, narrowed to two sites by September 1, 2020, and a single preferred location for a new commercial aviation facility must be identified by January 1, 2021. The Commission must project a timeline for developing an additional commercial aviation facility that is completed and functional by 2040. The Commission must also make recommendations on future Washington State long-range commercial facility needs. Commission's Membership. The Commission is made up of 13 voting and two nonvoting positions. Nonvoting representatives are from the FAA and the Washington State Aviation Alliance. The Governor may appoint additional nonvoting -members as deemed appropriate. The Commission is made up of the following members: • one member from the Department of Commerce; • one member from the DOT Aeronautics Division; • the Governor, or designee; • one member from the Freight Mobility Investment Board; • one member from a ports association, appointed by the Governor; • one member from a port located in a county with a population of 2 million or more, appointed by the Governor; • two members from other ports, appointed by the Governor; • three members from the private sector and the airline industry, appointed by the Governor; • one member from a eastern Washington metropolitan planning organization, appointed by the Governor; and • one member from a western Washington metropolitan planning organization, appointed by the Governor. Senate Bill Report - 2 - SB 5370 Commission Administration. DOT staff must provide staff support as necessary. The Governor, or designee must convene the initial meeting as soon as practicable. Commission members are not entitled to reimbursement for travel expenses if they are elected officials or are participating on behalf of an employer, governmental entity, or other organization. The Commission must select a chair from among its membership. The Commission ends July 1, 2021. Appropriation: None. Fiscal Note: Available. Creates Committee/Commission/Task Force that includes Legislative members: No. Effective Date: Ninety days after adjournment of session in which bill is passed. Staff Summary of Public Testimony: PRO: There have been many studies on this topic. We just finished the air cargo study. The Puget Sound Regional Council is also doing a study, the LATS study was completed in 2009 and nothing has changed. The growth at SeaTac has been phenomenal, which has a very small footprint. We have a finite amount of airspace. The intent of this bill is to set forth a process to solve a problem. The city of SeaTac supports this Commission and the siting of a new facility. The timelines are realistic. The city of Des Moines supports this bill and it is good public policy. The Port of Seattle looks forward to working on this bill. This bill should not encumber or delay any SeaTac planning processes. The Port of Moses Lake has an excess of space. OTHER: Section 2(2)(a) of the bill provides that ports may sit on the commission. Not all airports are ports, some are municipal airports. DOT is ready to participate on this bill. The timeline of June 2021 could be extended out to take advantage of information from the PSRC study. Persons Testifying: PRO: Senator Karen Keiser, Prime Sponsor; Bruce Beckett, Port of Moses Lake; Trent House, Port of Seattle; Eric Johnson, Washington Public Ports Association; Peter Kwon, Councilmember, City of Seatac; Clyde Hill, Councilmember, City of Seatac; JC Harris, Seatac Noise Info; Robert Back, Council Member, City of Des Moines. OTHER: Cliff Webster, Spokane International Airport; David Fleckenstein, WSDOT Aviation Division. Persons Signed In To Testify But Not Testifying: No one. Senate Bill Report -3 - SB 5370 S-0701.1 SENATE BILL 5370 State of Washington 66th Legislature 2019 Regular Session By Senators Keiser, Warnick, Saldana, Hasegawa, Wilson, C., and Honeyford 1 AN ACT Relating to creating a state commercial aviation 2 coordinating commission; adding a new chapter to Title 47 RCW; and 3 providing expiration dates. 4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON: 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 NEW SECTION. Sec. 1. The legislature finds that with the increase in air traffic operations, combined with the projections for the rapid expansion of these operations in both the short and the long term, concerns regarding the environmental, health, social, and economic impacts of air traffic are increasing as well. The legislature also finds that advancing Washington's position as a national and international trading leader is dependent upon the development of a highly competitive, statewide passenger and cargo air transportation system. Therefore, the legislature seeks to identify a location for a new primary commercial aviation facility in Washington, taking into consideration the data and conclusions of appropriate air traffic studies, community representatives, and industry experts. It is the intent of the legislature to establish a state commercial aviation coordinating commission to provide a location recommendation by January 1, 2021. P. 1 SB 5370 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 NEW SECTION. Sec. 2. (1) The state commercial aviation coordinating commission is created to carry out the functions of this chapter. The commission shall consist of thirteen voting members. (2) The governor shall appoint nine voting members to represent the following interests: (a) Four as representatives of the ports, one of whom shall represent a port located in a county with a population of two million or more and one representing an association of ports; (b) Three as representatives from the airline industry and the private sector; (c) A representative from an eastern Washington metropolitan planning organization; and (d) A representative from a western Washington metropolitan planning organization. (3) The remaining four members shall consist of: (a) A representative from the department of commerce; (b) A representative from the division of aeronautics of the department of transportation; (c) The governor or the governor's designee; and (d) A representative from the freight mobility investment board. (4) A representative of the federal aviation administration and a representative of the Washington state aviation alliance shall serve as nonvoting members. (5) The governor may appoint additional nonvoting members as deemed appropriate. (6) The commission shall select a chair from among its membership and shall adopt rules related to its powers and duties under this chapter. (7) Nonlegislative members are not entitled to be reimbursed for travel expenses if they are elected officials or are participating on behalf of an employer, governmental entity, or other organization. Any reimbursement for other nonlegislative members is subject to chapter 43.03 RCW. The commission has all powers necessary to carry out its duties as prescribed by this chapter. (8) The department of transportation shall provide staff support for coordinating and administering the commission and technical assistance as requested by commission members. (9) The governor or the governor's designee shall convene the initial meeting of the commission as soon as practicable. (10) This section expires July 1, 2021. p. 2 SB 5370 1 NEW SECTION. Sec. 3. (1) The state commercial aviation 2 coordinating commission shall review existing data and conduct 3 research as needed to determine Washington's long-range commercial 4 aviation facility needs and the site of a new commercial aviation 5 facility. The work of the commission shall include, but is not 6 limited to, the following: 7 (a) Recommendations to the legislature on future Washington state 8 long-range commercial aviation facility needs; 9 (b) Identifying a preferred location for a new commercial 10 aviation facility. The commission shall make recommendations and 11 shall select a single preferred location by simple majority vote 12 using the following process: 13 (i) Initiating a broad review of potential sites; 14 (ii) Recommending a final short list of no more than six 15 locations by January 1, 2020; 16 (iii) Identifying the top two locations from the final six 17 locations by September 1, 2020; and 18 (iv) Identifying a single preferred location for a new commercial 19 aviation facility by January 1, 2021. 20 (2) The commission shall submit findings and recommendations to 21 the transportation commissions of the legislature by January 1, 2021. 22 (3) This section expires July 1, 2021. 23 NEW SECTION. Sec. 4. The state commercial aviation coordinating 24 commission shall project a timeline for the development of an 25 additional commercial aviation facility that is completed and 26 functional by 2040. 27 NEW SECTION. Sec. 5. Sections 1 through 4 of this act 28 constitute a new chapter in Title 47 RCW. --- END --- p. 3 SB 5370 SB 5370 - DIGEST Creates the state commercial aviation coordinating commission. Requires the department of transportation to provide staff support for coordinating and administering the commission and technical assistance as requested by commission members. Requires the commission to: (1) Review existing data and conduct research as needed to determine the state's long- range commercial aviation facility needs and the site of a new commercial aviation facility; (2) Make recommendations to the legislature on future aviation facility needs; (3) Identify a preferred location for a new commercial aviation facility; and (4) Project a timeline for the development of an additional commercial aviation facility that is completed and functional by the year 2040. Washington State BILL House of Representatives ANALYSIS Office of Program Research Transportation Committee HB 1683 Brief Description: Creating a state commercial aviation coordinating commission. Sponsors: Representatives Orwall, Dent, Stokesbary, Irwin, Pellicciotti, Reeves and Hudgins. Brief Summary of Bill • Creates the Commercial Aviation Coordinating Commission to determine Washington's long-range commercial aviation facility needs and the site of a new commercial aviation facility. Hearing Date: 2/7/19 Staff: Patricia Hasan (786-7292). Background: Airports nationwide are categorized by type of activities. The categories include commercial service, primary, cargo service, reliever, and general aviation airports. Commercial service airports are publicly owned airports that have at least 2,500 passenger boardings each calendar year and receive scheduled passenger service. Passenger boardings refer to revenue passenger boardings on an aircraft in service in air commerce whether or not in scheduled service. There are two subcategories of commercial service airports: • Primary airports are commercial service airports that have more than 10,000 passenger boardings each year. Hub categories for primary airports are defined as a percentage of total passenger boardings within the United States in the most current calendar year ending before the start of the current federal fiscal year, as follows: • large hub airports have 1 percent or more of total United States passenger boardings; • medium hub airports have at least 0.25 percent but less than 1 percent of total United States passenger boardings; This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not apart of the legislation nor does it constitute a statement of legislative intent. House Bill Analysis - 1 - HB 1683 • small hub airports have at least 0.05 percent but less than 0.25 percent of total United States passenger boardings; and • nonhub airports have more than 10,000 passenger boardings but less than 0.05 percent of total United States passenger boardings. Nonprimary airports are commercial service airports that have at least 2,500 and no more than 10,000 passenger boardings each year. The Federal Aviation Administration's (FAA) National Plan of Integrated Airport Systems (NPIAS) is an inventory of United States aviation infrastructure assets and contains a listing of all commercial service airports. According to the NPIAS updated in October 2018, Washington has 10 primary airports; one is a large hub, two are small hubs, and seven are nonhubs. Washington also has one nonprimary commercial service airport. Summary of Bill: The Commercial Aviation Coordinating Commission (Commission) is created and shall consist of 13 voting members and at least two nonvoting members. Nine of the voting members must be appointed by the Governor to represent the following interests: • four representatives of the ports, in the following manner: • one representative of a port located in a county with a population of 2 million or more; • one representative of an association of ports; and • two representatives of other ports; three representatives of the airline industry and the private sector; one representative of an eastern Washington metropolitan planning organization; and one representative of a western Washington metropolitan planning organization. The remaining four voting members shall consist of: • one representative of the Department of Commerce; • one representative of the Washington State Department of Transportation's (WSDOT) Aviation Division; • the Governor or the Governor's designee; and • one representative of the Freight Mobility Strategic Investment Board. The two nonvoting members must be a representative of the FAA and a representative of the Washington State Aviation Alliance. The Governor may appoint additional nonvoting members as deemed appropriate. The Commission shall select a chair from among its membership. The WSDOT shall provide staff support for coordinating and administering the Commission and technical assistance. The Governor or the Governor's designee shall convene the initial meeting of the Commission as soon as practicable. The Commission's work must include: • recommendations to the Legislature on future Washington long-range commercial aviation facility needs; • the identification of a preferred location for a new commercial aviation facility; and • the creation of a timeline for the development of an additional commercial aviation facility that is completed and functional by 2040. House Bill Analysis - 2 - HB 1683 The preferred location shall be determined by the following process: • initiating a broad review of potential sites; • recommending a short list of no more than six locations by January 1, 2020; • identifying the top two locations by September 1, 2020; and • identifying a single preferred location by January 1, 2021. The Commission shall submit findings and recommendations to the transportation commissions of the Legislature by January 1, 2021. Appropriation: None. Fiscal Note: Available. Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed. House Bill Analysis -3 - HB 1683 H-0811.1 HOUSE BILL 1683 State of Washington 66th Legislature 2019 Regular Session By Representatives Orwall, Dent, Stokesbary, Irwin, Pellicciotti, Reeves, and Hudgins Read first time 01/28/19. Referred to Committee on Transportation. 1 AN ACT Relating to creating a state commercial aviation 2 coordinating commission; adding a new chapter to Title 47 RCW; and 3 providing expiration dates. 4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON: 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 NEW SECTION. Sec. 1. The legislature finds that with the increase in air traffic operations, combined with the projections for the rapid expansion of these operations in both the short and the long term, concerns regarding the environmental, health, social, and economic impacts of air traffic are increasing as well. The legislature also finds that advancing Washington's position as a national and international trading leader is dependent upon the development of a highly competitive, statewide passenger and cargo air transportation system. Therefore, the legislature seeks to identify a location for a new primary commercial aviation facility in Washington, taking into consideration the data and conclusions of appropriate air traffic studies, community representatives, and industry experts. It is the intent of the legislature to establish a state commercial aviation coordinating commission to provide a location recommendation by January 1, 2021. P. 1 HB 1683 1 NEW SECTION. Sec. 2. (1) The state commercial aviation 2 coordinating commission is created to carry out the functions of this 3 chapter. The commission shall consist of thirteen voting members. 4 (2) The governor shall appoint nine voting members to represent 5 the following interests: 6 (a) Four as representatives of the ports, one of whom shall 7 represent a port located in a county with a population of two million 8 or more and one representing an association of ports; 9 (b) Three as representatives from the airline industry and the 10 private sector; 11 (c) A representative from an eastern Washington metropolitan 12 planning organization; and 13 (d) A representative from a western Washington metropolitan 14 planning organization. 15 (3) The remaining four members shall consist of: 16 (a) A representative from the department of commerce; 17 (b) A representative from the division of aeronautics of the 18 department of transportation; 19 (c) The governor or the governor's designee; and 20 (d) A representative from the freight mobility investment board. 21 (4) A representative of the federal aviation administration and a 22 representative of the Washington state aviation alliance shall serve 23 as nonvoting members. 24 (5) The governor may appoint additional nonvoting members as 25 deemed appropriate. 26 (6) The commission shall select a chair from among its membership 27 and shall adopt rules related to its powers and duties under this 28 chapter. 29 (7) Nonlegislative members are not entitled to be reimbursed for 30 travel expenses if they are elected officials or are participating on 31 behalf of an employer, governmental entity, or other organization. 32 Any reimbursement for other nonlegislative members is subject to 33 chapter 43.03 RCW. The commission has all powers necessary to carry 34 out its duties as prescribed by this chapter. 35 (8) The department of transportation shall provide staff support 36 for coordinating and administering the commission and technical 37 assistance as requested by commission members. 38 (9) The governor or the governor's designee shall convene the 39 initial meeting of the commission as soon as practicable. 40 (10) This section expires July 1, 2021. p. 2 HB 1683 1 NEW SECTION. Sec. 3. (1) The state commercial aviation 2 coordinating commission shall review existing data and conduct 3 research as needed to determine Washington's long-range commercial 4 aviation facility needs and the site of a new commercial aviation 5 facility. The work of the commission shall include, but is not 6 limited to, the following: 7 (a) Recommendations to the legislature on future Washington state 8 long-range commercial aviation facility needs; 9 (b) Identifying a preferred location for a new commercial 10 aviation facility. The commission shall make recommendations and 11 shall select a single preferred location by simple majority vote 12 using the following process: 13 (i) Initiating a broad review of potential sites; 14 (ii) Recommending a final short list of no more than six 15 locations by January 1, 2020; 16 (iii) Identifying the top two locations from the final six 17 locations by September 1, 2020; and 18 (iv) Identifying a single preferred location for a new commercial 19 aviation facility by January 1, 2021. 20 (2) The commission shall submit findings and recommendations to 21 the transportation commissions of the legislature by January 1, 2021. 22 (3) This section expires July 1, 2021. 23 NEW SECTION. Sec. 4. The state commercial aviation coordinating 24 commission shall project a timeline for the development of an 25 additional commercial aviation facility that is completed and 26 functional by 2040. 27 NEW SECTION. Sec. 5. Sections 1 through 4 of this act 28 constitute a new chapter in Title 47 RCW. --- END --- p. 3 HB 1683 RESOLUTION NO. A RESOLUTION of the City of Federal Way, Washington, supporting the Washington State Legislature's efforts to address projected growth at Sea -Tac Airport and the need for a new commercial aviation facility, and requesting that the Port of Seattle delay Airport infrastructure projects until such time as the Puget Sound Regional Council and the Department of Commerce complete airport -related studies. WHEREAS, the City of Federal Way ("City") is located near Sea -Tac Airport ("Airport") and has experienced negative health and environmental impacts due to this proximity; and WHEREAS, the City desires to promote and protect the health and economic well-being of all residents, including vulnerable populations; and WHEREAS, the City understands that air travel is an essential component of economic growth for the region and state; and WHEREAS, the City has been briefed on the Airport's Sustainable Airport Master Plan ("SAMP") and has offered numerous comments on all aspects of the planned growth; and WHEREAS, the City is aware that more than $10 billion would likely need to be expended to complete the projects identified in the Airport SAMP; and WHEREAS, the City knows that continued development at the Airport would result in increased negative impacts within parts of the Federal Way community, potentially decreasing quality of life and property values, and creating new concerns about health and the environment; and WHEREAS, the City is aware that due to projections in both air travel and air cargo demand and site constraints, even with completion of projects outlined in the SAMP, the Airport will not have the capacity to meet demand within less than ten years; and Resolution No. 19- Page I of 4 WHEREAS, the Federal Aviation Administration ("FAA") has directed and provided funding to the Puget Sound Regional Council to conduct a study by spring 2020 of regional aviation capacity needs; and WHEREAS, the Washington State Legislature has directed and is providing funding to the Washington State Department of Commerce to conduct a study to be completed by June 2020 in conjunction with communities surrounding the Airport to assess the impacts of Airport operations; and WHEREAS, the City believes that it would be flawed public policy and a waste of public resources to invest more than $10 billion in Airport infrastructure that will not meet the projected needs of the region in less than ten years, yet would potentially cause significant economic, health- related, environmental, and quality of life loss in surrounding communities, while not considering other viable alternatives. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Section 1. In the interest of human health, the environment, quality of life, and economic development and wise expenditure of public resources, the Port of Seattle should delay any build -out or launch of additional infrastructure at the Airport, specifically as identified in the SAMP, until such time as the Puget Sound Regional Council and the Department of Commerce studies are completed, true impacts are assessed, and aviation capacity needs are fully documented. Section 2. In the interest of human health, the environment, quality of life, and economic development and wise expenditure ofpublic resources, the Washington State Legislature should pass Senate Bill 5370 and its companion House Bill 1683, which would create a state commercial Resolution No. 19- Page 2 of 4 aviation coordinating commission that would be charged with determining the state's long-range commercial aviation facility needs and the site of a new commercial aviation facility. Section 3. 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 4. 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 5. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. Section 6. 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- Page 3 of 4 CITY OF FEDERAL WAY: JIM FERRELL, MAYOR ATTEST: STEPHANIE COURTNEY, CMC, CITY CLERK APPROVED AS TO FORM: RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO.: Resolution No. 19- Page 4 of 4 6i SUBJECT: REFERRAL OF RENTAL INSPECTION PROGRAM TOPIC TO LUTC FOR STUDY POLICY QUESTION: Should Council refer the topic of developing and implementing a city rental property inspection program to the Land Use and Transportation Committee of Council? COMMITTEE: N/A CATEGORY: ❑ Consent ❑ City Council Business STAFF REPORT BY: N/A Options Considered: MEETING DATE: N/A ❑ Ordinance ❑ Public Hearing ❑ Resolution ® Other DEPT: N/A 1) Refer the topic to LUTC for further study and recommendation 2) Not refer the topic to LUTC for further study and recommendation MAYOR'S RECOMMENDATION: MAYOR APPROVAL: N/A Committee Initial/Date COMMITTEE RECOMMENDATION: N/A N/A DIRECTOR APPROVAL: Council Initial/Date N/A Initial/Date Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move to refer the topic of developing and implementing a city rental property inspection program to the Land Use and Transportation Committee for study and recommendation. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 12/2017 RESOLUTION # SUBJECT: ORDINANCE: GRANTING THE CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY A TRANSIT WAY AGREEMENT POLICY QUESTION: Should the City Council grant the Central Puget Sound Regional Transit Authority (Sound Transit) a Transit Way Agreement for the Federal Way Link Extension Project to construct, maintain, and operate a Light Rail Transit System within and through the City of Federal Way? COMMITTEE: MEETING DATE: CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Tony Doucette, P.E., Sound Transit Liaison DEPT: Public Works Attachments: Staff Report Ordinance Options Considered: 1. Approve the Ordinance and hold the first reading at the February 5, 2019 City Council Meeting. 2. Modify the Ordinance and hold the first reading at the February 5, 2019 City Council Meeting. 3. Reject the Ordinance and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends Option 1 to approve the Ordinance and conduct the first reading at the February5, 2019 City Council Meeting. MAYOR APPROVAL: DIRECTOR APPROVAL: I Committee Coun it Initia Date Initial/Date Initial/Date COMMITTEE RECOMMENDATION: N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION(S): FIRST READING OF ORDINANCE (FEBRUARY 5, 2019): `1 move to forward approval of the Ordinance granting Sound Transit a Transit Way Agreement to the February 19, 2019 Council Meeting for enactment. " SECOND READING OF ORDINANCE (FEBRUARY 19, 2019): "1 move approval of the proposed Ordinance granting Sound Transit a Transit Way Agreement. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: E] APPROVED COUNCIL BILL # !�� ❑ DENIED First reading TABLED/DEFERRED/NO ACTION Enactment reading MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 12/2017 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: February 5, 2019 TO: City Council VIA: Jim Ferrell, Mayor EJ Walsh, P.E., Public Works Director FROM: Tony Doucette, P.E., Sound Transit Liaison's SUBJECT: Granting the Puget Sound Regional Transit Authority a Transit Way Agreement BACKGROUND: The Federal Way Link Extension (FWLE) Project is part of the Sound Transit 2 and Sound Transit 3 Plans that were approved by voters in 2008 and 2016, respectively. Sound Transit is in the procurement phase of the FWLE Project that will connect the existing Angle Lake Light Rail Station to a new Federal Way Transit Center Station by 2024 with intermediate stops at Kent/Des Moines Road and S 272nd St. Improvements within Downtown Federal Way include a new station at the Federal Way Transit Center, constructing a parking garage to add approximately 400 spaces, and a new grid road layout between S 316th St, S 320th St, 21St Ave S, and 23rd Ave S. As part of the FWLE project, Sound Transit requested a Light Rail Transit Way Agreement with the City allowing construction, operation, and maintenance of a Light Rail Transit System on, under, and over property in which the City has and will retain an ownership interest, including of public rights-of-way. The Transit Way Agreement is essentially a Franchise Agreement and the City is negotiating a separate Development Agreement for the project that addresses land use, development requirements and improvements. The Development Agreement will likely be considered by the Council in late spring or early summer and will outline the roles, responsibilities, code requirements and deviations, permitting framework, design review approach and design standards for the project. The Transit Way Agreement for the FWLE will remain in effect for as long as the Light Rail Transit Way is used for public transportation purposes. The Agreement terms are consistent with the Cities of SeaTac, Des Moines and Kent, the three other municipal jurisdictions along the FWLE corridor. ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, granting the Central Puget Sound Regional Transit Authority a Transit Way Agreement for the non-exclusive use of certain Public Rights -of -Way for a Light Rail Transit Way related to the Federal Way Link Extension Project. WHEREAS, the Central Puget Sound Regional Transit Authority ("Sound Transit") is a governmental entity 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, including the right to construct and maintain facilities in public rights-of-way without a franchise; and WHEREAS, the City is a non -charter optional municipal code city incorporated under the laws of the State of Washington; and WHEREAS, the City owns and operates city streets, and other infrastructure improvements within the City boundaries where Sound Transit proposes certain transit improvements and light rail; and WHEREAS, the Growth Management Act encourages efficient multimodal transportation facilities such as the Federal Way Link Extension that are coordinated with local comprehensive plans, and requires the City to accommodate essential public facilities such as the Link Light Rail Transit Project; and WHEREAS, in 1996, 2008, and 2016, pursuant to state law, Sound Transit proposed, and Central Puget Sound voters approved financing for, regional transit system plans known as Sound Move, ST2, and ST3; and Ordinance No. 19- Page 1 of 4 Rev 1/18 WHEREAS, these regional transit system plans include, among other projects, the Federal Way Link Extension Project ("Project") connecting the cities of SeaTac, Des Moines, Kent, and Federal Way to the existing Link Light Rail system, which will provide numerous benefits to the City's residents, workers, and visitors, and which will help the City meet its Comprehensive Plan goals, specifically by providing a regional high-capacity transit system in order to promote a compact urban center; develop land use patterns that will encourage less dependency on the single occupant automobile; and attract a regional market for high-quality office and retail uses, which increases employment opportunities, adds to the City's tax base, and establishes Federal Way's City Center as an economic leader in the South King County Region; and WHEREAS, Sound Transit and the Federal Transit Administration of the United States Department of Transportation ("FTA") have j ointly planned the Proj ect pursuant to the National and State Environmental Policy Acts, and have completed environmental review with the Federal Way Link Extension Final Environmental Impact Statement issued on November 18, 2016 and FTA's Record of Decision issued on March 6, 2017 and the Federal Highway Administration's Record of Decision, issued on March 9, 2017; and WHEREAS, on January 26, 2017, the Sound Transit Board defined and selected the Federal Way Link Extension alignment, profile, stations, and associated infrastructure to be built between Angle Lake Station at South 200th Street and the Federal Way Transit Center in Resolution 2017-02; and WHEREAS, Sound Transit is intending to deliver the Project as a designibuild procurement and has been coordinating with the City in preparation for Project Design and Construction; and Ordinance No. 19- Page 2 of 4 Rev 1/18 WHEREAS, the City and Sound Transit intend to execute a Development Agreement in coordination with the Transit Way Agreement; and WHEREAS, the City and Sound Transit wish to enter into a Transit Way Agreement to grant Sound Transit the non-exclusive use of certain Public Rights -of -Way for a Light Rail Transit Way to accommodate the Federal Way Link Extension Project in the City with appropriate terms and conditions that will satisfy the FTA's continuing control requirements and the City's regulations pursuant to the Federal Way Revised Code. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Council Approval. The City Council approves the Transit Way Agreement with Sound Transit, attached as Exhibit A to this ordinance, and authorizes the Mayor to execute the agreement. Section 2. Severability. Should any section, subsection, paragraph, sentence, clause, or phrase of this ordinance, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance or its application to any other person or situation. The City Council of the City of Federal Way hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 3. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of Ordinance No. 19- Page 3 of 4 Rev 1/18 scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 4. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 5. Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage and publication, as provided by law. PASSED by the City Council of the City of Federal Way this day of 20 ATTEST: CITY OF FEDERAL WAY: JIM FERRELL, MAYOR STEPHANIE COURTNEY, CMC, CITY CLERK APPROVED AS TO FORM: J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 19 - Page 4 of 4 Rev 1/18 FINAL— For Execution AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND SOUND TRANSIT FOR GRANT OF NON-EXCLUSIVE USE OF CERTAIN PUBLIC RIGHTS-OF-WAY FOR A LIGHT RAIL TRANSIT WAY AS RELATED TO THE FEDERAL WAY LINK EXTENSION LIGHT RAIL TRANSIT PROJECT This AGREEMENT is entered into by and between the City of Federal Way (the "City") and the Central Puget Sound Regional Transit Authority ("Sound Transit") and is effective when signed by all parties. RECITALS WHEREAS, Sound Transit is a governmental entity 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, including the right to construct and maintain facilities in Public Rights -of -Way without a franchise (RCW 81.112.100 and RCW 35.58.330); WHEREAS, the City is a non -charter optional municipal code city incorporated under the laws of the State of Washington; WHEREAS, the City owns and operates city streets, and other infrastructure improvements within the City boundaries where Sound Transit proposes certain transit improvements and light rail; WHEREAS, the Growth Management Act (Chapter 36.70A RCW) encourages efficient multimodal transportation facilities such as the Federal Way Link Extension (RCW 36.70A.020(3)) that are coordinated with local comprehensive plans, and requires the City to accommodate essential public facilities such as the Link Light Rail Transit Project (RCW 36.70A.200); WHEREAS, in 1996, 2008, and 2016, pursuant to state law, Sound Transit proposed, and Central Puget Sound voters approved financing for, regional transit system plans known as Sound Move, ST2, and ST3; WHEREAS, these regional transit system plans include, among other projects, the Federal Way Link Extension Project ("Project") connecting the cities of SeaTac, Des Moines, Kent, and Federal Way to the existing Link Light Rail system, which will provide numerous benefits to the City's residents, workers, and visitors, and which will help the City meet its Comprehensive Plan goals, specifically by providing a regional high-capacity transit system in order to promote a compact urban center; develop land use patterns that will encourage less dependency on the single occupant automobile; and attract a regional market for high-quality office and retail uses, which increases employment opportunities, adds to the City's tax base, and establishes Federal Way's City Center as an economic leader in the South King County Region; GA 0045-18 Page 1 FINAL — For Execution WHEREAS, Sound Transit and the Federal Transit Administration of the United States Department of Transportation ("FTA") have jointly planned the Project pursuant to the National and State Environmental Policy Acts, and have completed environmental review with publication of the Federal Way Link Extension Final Environmental Impact Statement issued on November 18, 2016 and FTA's Record of Decision issued on March 6, 2017 and the Federal Highway Administration's Record of Decision, issued on March 9, 2017; WHEREAS, on January 26, 2017, the Sound Transit Board defined and selected the Federal Way Link Extension alignment, profile, stations, and associated infrastructure to be built between Angle Lake Station at South 200th Street and the Federal Way Transit Center in Resolution 2017-02; WHEREAS, Sound Transit is intending to deliver the Project as a design/build procurement ("Design/Build") and has been coordinating with the City in preparation for Project Design and Construction; WHEREAS, the City and Sound Transit want to agree on a grant of a non-exclusive use of a Light Rail Transit Way for the Federal Way Link Extension Project in the City with appropriate terms and conditions that will satisfy the FTA's continuing control requirements; and WHEREAS, the City and Sound Transit intend to execute a Development Agreement in coordination with this Transit Way Agreement; NOW THEREFORE, in consideration of mutual promises and covenants herein contained related to the grant of a non-exclusive use of certain Public Rights -of -Way for a Light Rail Transit Way by the City to Sound Transit to construct, operate, maintain, and own a Light Rail Transit System in the City of Federal Way within and along the Light Rail Transit Way, the parties hereto agree to the terms and conditions as follows: SECTION I. DEFINITIONS For purposes of this Agreement, the following terms, phrases, words, and their derivations shall have the meaning given herein where capitalized; words not defined herein shall have their ordinary and common meaning. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, words in the singular number include the plural number, and the use of any gender shall be applicable to all genders whenever the sense requires. The words "shall" and "will" are mandatory and the word "may" is permissive. References to governmental entities, whether persons or entities, refer to those entities or their successors in authority. If specific provisions of law referred to herein are renumbered, then the reference shall be read to refer to the renumbered provision. References to laws, ordinances or regulations shall be interpreted broadly to cover government actions, however nominated, and include laws, ordinances, and regulations now in force or hereinafter enacted or amended. GA 0045-18 Page 2 FINAL — For Execution 1.1 Agreement. "Agreement" means this Light Rail Transit Way Agreement approved by appropriate action of the City of Federal Way and of Sound Transit. 1.2 Com. "City" means the City of Federal Way and any successor or assignee following an assignment that is permitted under this Agreement. 1.3 Director. "Director" means the Director of Public Works of the City of Federal Way. 1.4 Emergency. "Emergency" means, except as otherwise provided, a generally unexpected occurrence or set of circumstances that affects public safety or health demanding immediate action. 1.5 Final Construction Plans. "Final Construction Plans" means prints showing in detail, the proposed construction and specifications of the Light Rail Transit System including alignment drawings showing the exact limits of the Light Rail Transit Way. 1.6 Final Right -of -Way Plans. "Final Right -of -Way Plans" means prints having the proposed limits of the Light Rail Transit Way mathematically tied to existing City monumentation and the Washington State Coordinate System. 1.7 Liability. "Liability" means all loss, damages, cost, expense (including costs of investigation and attorney fees and expenses at arbitration, trial or appeal and without institution of arbitration or suit), liability, claims, and demands of whatever kind of nature (including those arising under the Federal Employers Liability Act), arising out of an occurrence relating to this Agreement or occurring on or relating to the Light Rail Transit System described herein. 1.8 Light Rail Transit Facility. "Light Rail Transit Facility" means a structure, rail track, equipment, maintenance base, or other improvement of a Light Rail Transit System, including but not limited to ventilation structures, traction power substations, signal bungalows, Light Rail Transit Stations and related passenger amenities, bus layover and inter -modal passenger transfer facilities, and station access facilities. 1.9 Light Rail Transit Station. "Light Rail Transit Station" means a Light Rail Transit Facility whether at grade, above grade or below grade that provides pedestrian access to Light Rail Transit System vehicles and facilitates transfer from light rail to other modes of transportation. A Light Rail Transit Station may include mechanical devices such as elevators and escalators to move passengers and may also include such passenger amenities as informational signage, seating, weather protection, fountains, or artwork. 1.10 Light Rail Transit System. "Light Rail Transit System" means a public rail transit line, including Light Rail Transit Facilities, all infrastructure (including light rail vehicles operating on the Light Rail Transit Way), passenger services and communication GA 0045-18 Page 3 FINAL— For Execution equipment, that operates at grade level, above grade level, or in a tunnel and that provides high-capacity, regional transit service owned or operated by a regional transit authority authorized under Chapter 81.112 RCW. A Light Rail Transit System may be designed to share a street right of way although it may also use a separate right of way. Commuter rail and low capacity, or excursion rail transit service are not included. 1.11 Light Rail Transit Way. "Light Rail Transit Way" means the areas within the Public Rights -of -Way occupied by Sound Transit for its Light Rail Transit System after construction pursuant to this Agreement, as shown on the record drawings of the Final Right -of -Way Plans approved by the Director and on file with the City Clerk. 1.12 Parties. "Parties" means the City of Federal Way and Sound Transit. 1.13 Passenger. "Passenger" means any person who is not an employee of Sound Transit, and who is aboard any Sound Transit Light Rail Transit System vehicle. 1.14 Public Rights -of -Way. "Public Rights -of -Way" means the areas above, below, on and over public streets and easements which, under the Federal Way Revised Code, the City ordinances, and applicable laws, the City has authority to grant Rights -of -Way, permits, or licenses for use thereof or has regulatory authority therefor. 1.15 Project. "Project" means the segments of the Light Rail Transit System in the City as described in Sound Transit Board Resolution 2017-02 and subsequent approved permits and agreements. 1.16 Record Drawings. "Record Drawings" means the neatly and legibly marked set of contract drawings, maintained by Sound Transit's Design -Build Contractor with up-to-date information, showing all changes in the work, including final locations of all items of work. 1.17 Routine Maintenance and Operation. "Routine Maintenance and Operation" means Sound Transit's maintenance and operation of the Light Rail Transit System that does not require blocking or detouring of traffic during non -emergencies. 1.18 Sound Transit. "Sound Transit" means the Central Puget Sound Regional Transit Authority, and any other entity to the extent such entity, as permitted under this Agreement, is exercising any rights to operate the Light Rail Transit System over any portion of the Light Rail Transit Way pursuant to a specific written grant of such rights by Sound Transit. 1.19 Third Party. "Third Party" means any person other than the City or an employee of the City, and any person other than Sound Transit or an employee of Sound Transit. 1.20 Track Access Permit. "Track Access Permit" means the process for track access, the management, scheduling, and authorization of access to employees, third parties, GA 0045-18 Page 4 FINAL — For Execution and contractors to perform work on, near, or adjacent to the Light Rail Transit System or any Sound Transit facility. (See Exhibit D —Track Access Procedures.) SECTION II. GRANT OF RIGHTS BY THE CITY 2.1 Grant of Non -Exclusive Use of a Light Rail Transit Way. The City grants to Sound Transit a non-exclusive use of portions of certain Public Rights -of -Way, the general location of which is described and depicted on Exhibits A and B hereto, to be known as a Light Rail Transit Way, to construct, operate, maintain, and own a Light Rail Transit System in, upon, above, beneath and along the Light Rail Transit Way in accordance with the terms and conditions of this Agreement. The Light Rail Transit Way shall be limited to the areas described generally in the plans and profile drawings contained in Exhibit C hereto and more fully described in the Final Right -of -Way Plans. The Director or designee and Sound Transit's Deputy Executive Director or designee of Design and Engineering shall, from time to time, jointly revise and modify Exhibit C to conform to the Final Construction Plans and the Final Right -of -Way Plans as long as the revisions are, in their judgment, within the scope and intent of Exhibit C. The Director is hereby expressly delegated the authority to revise and modify Exhibit C from time to time consistent with the terms of this paragraph. This grant shall take effect upon the filing with the City Clerk by the Director of approved Final Construction Plans and Final Right - of -Way Plans. Sound Transit expressly agrees that it will construct, operate, and maintain the Light Rail Transit System in compliance with this Agreement and all applicable City ordinances, state, and federal laws. Legal descriptions of the Light Rail Transit Way shall be produced after construction is substantially complete and furnished to the City along with Project Record Drawings. 2.2 Rights Limited to Light Rail Transit System. The non-exclusive use of a Light Rail Transit Way is granted solely for the purpose of construction, maintenance, operation, and ownership of the Light Rail Transit System detailed in the Issued for Construction Plans, and for no other purpose. Sound Transit intends, and shall have the right, to use the Light Rail Transit Way solely for Light Rail Transit System uses. Sound Transit agrees that it shall not, without the City's written consent, construct on or along the Light Rail Transit Way any additions to or expansions of the Light Rail Transit System subsequent to the construction done in accordance with the Issued for Construction Plans and with the Final Right -of -Way Plans. Notwithstanding the foregoing, nothing contained herein shall prevent Sound Transit from replacing Light Rail Transit Facilities or equipment existing after construction after first obtaining any necessary permits or other authorizations from the City. 2.3 Work Permitted in Light Rail Transit Way. Sound Transit understands and agrees that during the normal course of Light Rail Transit Way use, the City may engage in construction, maintenance, demolition, leasing, licensing, permitting, and similar activities that have the potential to cause interruption to the Light Rail Transit System. Sound Transit understands and agrees that such activities may be caused, from time to time, by reasons including but not limited to: (i) traffic conditions, (ii) public safety, (iii) GA 0045-18 Page 5 FINAL— For Execution construction of facilities which constitute permissible uses of the Public Right -of -Way, (iv) repair of Right -of -Way facilities (including resurfacing or widening), (v) change of grade to Right -of -Way, (vi) response to emergencies and natural disasters, and (vii) construction, installation, maintenance or repair of sewer drains, water pipes, power lines, signal lines, traffic control devices, tracks, communication systems, public works, public facilities or improvements, or any utilities. Except in the case of an Emergency, the City agrees that such activities, to the extent they are permitted or controlled by the City, shall not occur within the Light Rail Transit Way without written notice to Sound Transit. Any such activities done by or for the City shall be undertaken in a manner that minimizes, to the greatest extent possible, disruption to operation of the Light Rail Transit System. Before commencement of any non -routine work that will impact Sound Transit operations, the City will apply for, and direct all Third Parties to apply for, a Track Access Permit in accordance with Sound Transit's then current track access standard operating procedures (see Exhibit D), for which approval shall not be unreasonably withheld or delayed, taking into account the nature of the proposed entry. Typical routine maintenance work by the City and its contractors, including but not limited to street sweeping, de-icing, snow control, flood control, storm and sanitary sewer cleaning, landscaping, and water main flushing, will not be subject to the track access notifications or permit requirements so long as such work is not within the 10 -foot radius surrounding the nearest rail. 2.4 Non -Exclusive Use. Sound Transit understands that the rights granted herein are non-exclusive. The City shall have the right to agree to other non-exclusive uses or occupancies of the Light Rail Transit Way. The City agrees that such uses or occupancies shall not unreasonably impair the ability of Sound Transit to operate the Light Rail Transit System. Sound Transit agrees that its non-exclusive rights shall not unreasonably impair the ability of other uses to exist and/or operate in the Public Rights -of -Way as permitted by the City. 2.5 Use Restricted. This Agreement does not authorize the provision of any services by Sound Transit other than the services strictly related to the operation of the Light Rail Transit System. Sound Transit's use of the Light Rail Transit Way for anything other than a Light Rail Transit System shall require written approval from the City. 2.6 Ownership. Sound Transit shall own all tracks and other Light Rail Transit Facilities on the Light Rail Transit Way, including, without limitation, improvements constructed at the cost and expense of Sound Transit that are not otherwise transferred to and accepted by the City. Nothing in this Agreement shall be construed as granting to Sound Transit any interest or right in the Light Rail Transit Way or the improvements on the Light Rail Transit Way other than the rights expressly provided herein. 2.7 No Rights by Implication. No rights shall pass to Sound Transit by implication. Without limiting the foregoing, by way of example and not limitation, this Agreement shall not include or be a substitute for the following: GA 0045-18 Page 6 FINAL — For Execution A. Any other permit or authorization required for the privilege of transacting and carrying on a business within the City that may be required by the ordinances and laws of the City; or B. Any permit, agreement, or authorization required in connection with operations on or in public streets or property, including by way of example and not limitation, street cut permits; or C. Any permits or agreements for occupying any other property of the City or private entities to which access is not specifically granted by this Agreement. 2.8 Utilities Agreements. This Agreement shall not be read to diminish, or in any way affect, the authority of the City to control and charge for the use of the light, water, storm, solid waste, and wastewater utilities; therefore, if Sound Transit desires to use such utilities, it must obtain necessary agreements or consents for such uses, as may be required by the City, which agreements or consents shall not be unreasonably withheld. SECTION III. PERMITS 3.1 Permits and Licenses. Sound Transit, at its sole cost and expense, shall (i) secure and maintain in effect, all federal, state, and local permits and licenses required for the construction, operation, and maintenance of the Light Rail Transit System, including, without limitation, crossing, zoning, building, health, environmental, and communication permits and licenses, and (ii) indemnify the City against payment of the costs thereof and against any fines or penalties that may be levied for failure to procure, or to comply with, such permits or licenses, as well as any remedial costs incurred by the City in curing any such failures. 3.2 Non -Interference. The City shall not hinder Sound Transit's ability to secure, obtain, and maintain, at Sound Transit's sole cost and expense, any permits, licenses or approvals of other governmental agencies or authorities, or of any necessary Third Parties, for the use of any structures or facilities, including streets, roads, or utility poles not owned by the City. SECTION IV. CONSTRUCTION 4.1 Approval of Construction. Sound Transit shall obtain the approval of the Director for work in the Public Right -of -Way prior to any such work commencing. Final Construction plans must be accompanied by Final Right -of -Way Plans. Approval for construction shall consist of the issuance of a construction permit or permits by the Director for each project section or contract to be constructed by Sound Transit within the Public Rights -of -Way 4.2 Record Drawings. Within six (6) months of Sound Transit's acceptance of Design - Build Contractor Project completion, Sound Transit shall furnish to the City record GA 0045-18 Page 7 FINAL — For Execution drawings of the Final Construction Plans and Final Right -of -Way Plan, including Record Drawings and associated electronic AUTOCAD and GIS files showing the as -built condition. Upon mutual agreement as to the types and number of drawings required, Sound Transit shall furnish to the City drawings sufficient to describe the project spatially in the Washington State Coordinate System. 4.3 Entry Upon Light Rail Transit Way. Sound Transit, its employees, and agents shall have the right, as defined and limited pursuant to Section V of this Agreement, to enter upon the Light Rail Transit Way for the purpose of constructing, operating, and maintaining the Light Rail Transit Facilities. 4.4 Temporary Use of Public Rights -of -Way. During construction of the Light Rail Transit System, Sound Transit, with the prior written agreement of the City, and approval of any required permits, may fence portions of the Public Rights -of -Way for the temporary storage of construction equipment and materials, provided that such structures and fences (i) do not interfere with or disrupt in any way, other than ways approved in advance by the City, the ordinary use of the Public Right -of -Way; (ii) do not interfere with or disrupt in any way, other than in ways approved in advance by the City, the ordinary access to property on either side of the Public Rights -of -Way; (iii) are not used for construction worker parking; and (iv) do not unnecessarily limit the public's right to travel within the Public Right -of -Way. Sound Transit shall not store or temporarily place any goods, materials, or equipment (i) near a roadway, intersection, or crossing in such a manner as to interfere with the sight distance of persons approaching such crossing; or (ii) within such greater distance as prohibited by the City; provided, however, that fuel and other hazardous substances shall not be stored unless also approved by appropriate officials of South King County Fire & Rescue. 4.5 Utilities During Construction. The Parties recognize that the Light Rail Transit System is a public transportation improvement. Sound Transit will coordinate with all utilities to minimize utility relocation costs and related construction and will negotiate with non -City -owned utilities on utility relocation costs. Sound Transit shall fully indemnify the City for any claim and undertake the defense of any litigation directed at the City arising from the City's exercise of its authority to direct such relocation to accommodate the construction of the Light Rail Transit System. The City shall cooperate fully with Sound Transit in the defense of any such claim. Notwithstanding the foregoing, the parties agree that Sound Transit shall pay for any and all costs for relocation or protection of City -owned utilities that the City determines is necessary due to construction, operation, or maintenance of the Light Rail Transit System. The Parties will enter into agreements for such relocations as the need arises. 4.6 Work Completed by Sound Transit. Sound Transit, at Sound Transit's sole cost and expense, will furnish all materials, parts, components, equipment, and structures necessary to construct and operate the Light Rail Transit System, or any part thereof, in accordance with this Agreement. Any and all work by Sound Transit or its contractor shall be done in a good and workman -like manner, in conformity with all applicable GA 0045-18 Page 8 FINAL— For Execution engineering, safety, and other statutes, laws, ordinances, regulations, rules, codes, orders, or specifications of any public body or authority having jurisdiction. 4.7 Installation. All facilities and installations must meet or exceed applicable specifications of the City and be in compliance with all existing federal, state, and local laws, ordinances, and regulations. 4.8 Track Support. During any work of any character by Sound Transit at locations of the Light Rail Transit Facilities, and in accordance with the Final Construction Plans, Sound Transit will support the tracks and roadbed of the Light Rail Transit System in such manner as is necessary for the safe operation of the Light Rail Transit System and ordinary use of the Public Rights -of -Way. 4.9 Imminent Danger. If, during construction, there is an Emergency or the Light Rail Transit System creates or is contributing to an imminent danger to health, safety, or property that Sound Transit is unable to immediately address, the City may protect, support, temporarily disconnect, remove, or relocate any or all parts of the Light Rail Transit System without prior notice, and charge Sound Transit for costs incurred. The City shall provide notice of such Emergency or danger along with any actions taken to Sound Transit as soon as practicable, taking into consideration the nature and complexity of the Emergency or other imminent danger. 4.10 Accommodation of Moving Structures. Sound Transit shall, on the request of any Third Party holding a valid permit issued by a governmental authority and a Sound Transit Track Access permit, temporarily raise or lower its wires to permit the moving of buildings or other objects. Sound Transit may require that the expense of such temporary removal or raising or lowering of wires be paid in advance by the Third Party requesting the same. 4.11 Information Regarding Ongoing Work. In addition to providing notice to the public of ongoing work as may be required under applicable law, Sound Transit shall develop a comprehensive project -specific communication plan in coordination with the City to establish and maintain effective communication with residents and businesses to allow them to be fully informed about potentially significant disruptions, such as temporary street closures, changes in transit service, and parking availability. As part of the plan, Sound Transit will work with community and neighborhood groups prior to and through the construction process to identify types of impacts that would occur and communicate mitigation activities to address such impacts. 4.12 Restoration of Public Rights -of -Way during Construction. Sound Transit shall promptly repair any and all Public Rights -of -Way or public property that is disturbed or damaged during the construction of its Light Rail Transit System to substantially the same condition, or in the case of street surfaces, better condition if reasonably necessary and within a mutually agreed-upon timeframe commensurate with the scope of repairs. In the event Sound Transit does not comply with the foregoing requirement, the City may, upon reasonable advance notice to Sound Transit, take the actions to GA 0045-18 Page 9 FINAL — For Execution restore the Public Rights -of -Way or public property at Sound Transit's sole cost and expense. 4.13 Federal Grant Conditions. Sound Transit's design and construction of the Project may become subject to a financial assistance agreement between Sound Transit and the Federal Transit Administration ("FTA"). Both parties recognize that changes to this Agreement may be necessary in order to comply with FTA funding requirements. SECTION V. ENTRY NOTICE 5.1 Access. Sound Transit, its employees and agents shall have access to the Public Rights -of -Way in connection with Sound Transit's construction, operation, and maintenance of the Light Rail Transit System as is reasonably necessary in accordance with this Agreement. However, except to the extent expressly provided in this Agreement, this right of access shall not be deemed to require the City to take any actions or expend any funds to enable such persons to exercise such rights of access, and provided further that such access may not interfere with or disrupt in any way, other than in ways approved in advance by the City, the use of the Light Rail Transit Way by the City or Third Parties. 5.2. Notice Prior to Initial Entry. During Project construction, Sound Transit shall give the City at least seventy-two (72) hours' written notice before initial entry upon any portion of the Public Rights -of -Way for construction purposes. 5.3 Entry after Project Construction. After construction, any entry by Sound Transit onto the Public Rights -of -Way that is not pursuant to the Routine Maintenance and Operation of the Light Rail Transit System or for purposes relating to an Emergency shall require (i) advance written notice from Sound Transit to the City not less than ten (10) days prior to Sound Transit's planned entry, with notice to specify the purpose of the entry; (ii) if entry involves any new connection or removal of any portion of the Light Rail Transit System, plans as required by direction of the Director showing in detail the proposed new construction, reconstruction, or removal; and (iii) approval by the City which approval shall not be unreasonably withheld or delayed, taking into account the nature of the proposed entry. Sound Transit shall obtain appropriate permits required by Section 6.2. 5.4 Entry for Routine Maintenance and Operation. During Routine Maintenance and Operation, Sound Transit personnel may enter the Public Rights -of -Way without notice to the City, as long as such entry is for the sole purpose of Routine Maintenance and Operation and provided Sound Transit has a current permit covering said activities. 5.5 Emergency Access. In the event of an Emergency that interrupts or significantly disrupts Operation of the Light Rail Transit System and for purposes of taking immediate corrective action, Sound Transit personnel may enter the Public Rights -of -Way without notice to the City, as long as such entry is for the sole purpose of addressing the GA 0045-18 Page 10 FINAL— For Execution Emergency; provided, however, that if any entry for such purposes is likely to require excavation of soil that would alter or disturb the Public Rights -of -Way or use of heavy machinery within fifty (50) feet of or upon the Public Rights -of -Way, Sound Transit shall give the City verbal or telephonic notice of the places where, and the manner in which, entry is required, prior to such entry, promptly followed by written notice. SECTION VI. OPERATION, MAINTENANCE, AND REPAIR IN STREETS AND RIGHTS-OF- WAY 6.1 Compliance with Laws, Rules, and Regulations. Sound Transit shall operate, maintain, and repair its Light Rail Transit System in compliance with all federal, state, and local laws, ordinances, departmental rules and regulations and practices affecting such system, which include, by way of example and not limitation, the obligation to operate, maintain, and repair in accordance with the City's Land Use Code and construction codes, and City street and utility standards. In addition, the operation, maintenance, and repair shall be performed in a manner consistent with industry standards. Sound Transit shall exercise reasonable care in the performance of all its activities and shall use industry -accepted methods and devices for preventing failures and accidents that are likely to cause damage, injury, or nuisance to the public or to property. 6.2 Permits Required. Except in cases of emergency repairs, Sound Transit's operation, maintenance, or repair of its Light Rail Transit System shall not commence until all required permits have been properly applied for and obtained from the proper City officials and all required permits and associated fees paid, including, but not limited to, the cost of permit -application review and inspection. In case of emergency repairs, appropriate permits shall be applied for no later than the second business day following repairs. Sound Transit may obtain an annual maintenance blanket permit for non- emergency activities. 6.3 Level of Operation/Maintenance. All facilities shall be operated and maintained in such a manner as to minimize disruption to other users of the Public Rights -of -Way. All facilities shall be maintained in a state of good repair as defined by FTA in 49 C.F.R. 625. All graffiti on Sound Transit facilities located within Public Rights -of -Way shall be removed within seven days' notice to Sound Transit. 6.4 Appointment of Operator. Sound Transit may appoint an operator as Sound Transit's agent to exercise some or all of Sound Transit's rights under this Agreement, subject to the terms and conditions of this Agreement. 6.5 Regulatory Approvals. Sound Transit and its operator shall obtain and maintain all federal, state and/or local regulatory approvals as may be required for the operation of the Light Rail Transit System. Upon request, Sound Transit shall supply proof of such approvals and within a timeframe commensurate with the scope of the request. GA 0045-18 Page 11 FINAL — For Execution 6.6 Responsibility for Equipment. The City shall have no responsibility for inspecting, maintaining, servicing, or repairing any trains or other equipment used by Sound Transit as part of the Light Rail Transit System; however, all such equipment shall at all times comply with applicable federal, state, and local governmental requirements. 6.7 Prompt Repair. Sound Transit shall promptly repair and make passable any and all Public Rights -of -Way, public property, or private property that is disturbed or damaged during the operation, maintenance, or repair of its Light Rail Transit System. Sound Transit shall make repairs in Public Rights -of -Way within 30 days unless another mutually agreed-upon timeframe is established commensurate with the scope of repairs. In the event Sound Transit does not comply with the foregoing requirement, the City may, upon reasonable advance notice to Sound Transit, take the actions to restore the Public Rights -of -Way or public property at Sound Transit's sole cost and expense. 6.8 Imminent Danger. In the event of an Emergency, or where the Light Rail Transit System creates or is contributing to an imminent danger to health, safety or property, the City will immediately notify Sound Transit's Link Control Center ("LCC") at 206-205- 8177 or 911 to address the situation. 6.9 No at -Grade Crossings or Crossing Gates without Permission. Sound Transit shall not install any crossing gates or other traffic control devices without the written consent of the City. SECTION VII. FACILITY LOCATION SIGNS Sound Transit, at its sole cost, expense, and risk, shall secure permits, furnish, erect, and thereafter maintain signs showing the location of all Sound Transit facilities. Signs shall be in conformance with applicable codes. SECTION VIII. THIRD PARTY RIGHT-OF-WAY OWNERSHIP This Agreement is not intended to cover and does not cover any occupancies over (i) Rights -of -Way or other land owned solely or jointly by any other person or entity, or (ii) any rights granted to the City by Third Parties. SECTION IX. RELOCATIONS In the event the City desires relocation of any portion of the Light Rail Transit Facilities to accommodate a City public works or other project, undertaking, or activity, the City shall notify Sound Transit of such fact. When providing such notification, the City shall provide Sound Transit with copies of plans, specifications, or any other documentation that will assist Sound Transit in determining what, if any, impact City plans may have on GA 0045-18 Page 12 FINAL— For Execution the Light Rail Transit System. Subsequent to City notification of a desired relocation of any portion of the Light Rail Transit System, Sound Transit shall consult with the City to mutually determine the scope of the City's request, the actual impact on the Light Rail Transit System of the City's request, and how the Parties can work together in the mutual best interest of the public. SECTION X. LIABILITY, INDEMNIFICATION Sound Transit hereby agrees to indemnify, defend, and hold harmless the City from any and all claims, demands, suits, actions, damages, recoveries, judgments, and expenses, including, without limitation, reasonable attorneys' fees, paid by the City, and arising or growing out of, in connection with, or resulting from, either directly or indirectly, the construction, maintenance, operation, repair, removal, occupancy, and use of the Light Rail Transit System in the Light Rail Transit Way by Sound Transit, except to the extent such claims arise from the City's sole or partial negligence. The City shall give Sound Transit prompt notice of any claims of which it is aware. Sound Transit shall promptly assume responsibility for the claim or undertake the defense of any litigation on behalf of the City. The City shall cooperate fully with Sound Transit in the defense of any claim to the extent such cooperation is not contrary to the interests of the City. The City shall not settle any claim without the prior written consent of Sound Transit, which consent shall not be unreasonably withheld. Sound Transit expressly assumes potential liability for actions brought by Sound Transit's employees and agents against the City and, solely for the purpose of this indemnification, expressly waives any immunity under the Industrial Insurance Law, Title 51 RCW. Sound Transit acknowledges that this waiver was entered into pursuant to the provisions of RCW 4.24.115 and was the subject of mutual negotiation. SECTION XI. INSURANCE Sound Transit shall maintain throughout the term of this Agreement, and for six (6) years after its termination, insurance adequate to protect the City against claims that may arise as a result of the construction, operation, or maintenance of the Light Rail Transit System in the Light Rail Transit Way, including, without limitation (i) comprehensive general liability insurance; (ii) property damage liability insurance, including coverage for explosion, collapse, and instability; (iii) workers' compensation insurance, to the extent required by law; (iv) employer's liability insurance; and (v) comprehensive auto liability coverage, including owned, hired, and non -owned vehicles. Sound Transit shall carry such insurance with responsible insurers or self -insure or participate in an insurance pool or pools at levels of coverage or with reserves adequate, in the reasonable judgment of Sound Transit, to protect Sound Transit and the City against loss, and as are ordinarily carried by municipal or privately -owned GA 0045-18 Page 13 FINAL— For Execution entities engaged in the operation of systems comparable to the Light Rail Transit System. Sound Transit shall require any contractors or subcontractors working on the Light Rail system within city limits to maintain insurance as noted herein and to name the City as an additional insured on their commercial general liability, auto liability, and environmental liability. Sound Transit shall require any professional services consultant, subconsultant, contractor or subcontractor working on the Light Rail System within City limits to carry appropriate levels of Professional Liability insurance coverage during the course of design, engineering, construction, and maintenance or Sound Transit may itself acquire such insurance or self -insure the work. Sound Transit shall file with the City's Risk Manager, on an annual basis, certificates of insurance reflecting evidence of the required insurance and naming the City as an additional insured where appropriate in amounts and types sufficient to satisfy its liabilities. The certificates shall contain a provision that coverage will not be canceled until at least thirty (30) days' prior written notice has been given to the City. If Sound Transit fails to maintain the required insurance, the City may order Sound Transit to stop constructing or operating the Light Rail Transit System in the Light Rail Transit Way until the required insurance is obtained, and upon receipt of such order, Sound Transit shall cease all operations. SECTION XII. LIENS 12.1 The Light Rail Transit Way and Light Rail Transit Facilities are not subject to a claim of lien. In the event that any City property becomes subject to any claims for mechanics, artisans, or materialmen liens, or other encumbrances chargeable to or through Sound Transit that Sound Transit does not contest in good faith, Sound Transit shall promptly, and in any event within thirty (30) days, cause such lien, claim, or encumbrance to be discharged or released of record (by payment, posting of bond, court deposit or other means), without cost to the City, and shall indemnify the City against all costs and expenses, including attorney fees, incurred in discharging and releasing such claim of lien or encumbrance. If any such claim or encumbrance is not so discharged and released, the City may pay or secure the release or discharge thereof at the expense of Sound Transit after first giving Sound Transit five (5) business days' advance notice of its intention to do so. The City shall use its reasonable best efforts to keep Sound Transit's facilities free of all liens that may adversely affect the Light Rail Transit System. 12.2 Nothing herein shall preclude Sound Transit's or the City's contest of a claim for lien or other encumbrance chargeable to or through Sound Transit or the City, or of a contract or action upon which the same arose. GA 0045-18 Page 14 FINAL— For Execution 12.3 Nothing in this Agreement shall be deemed to give, and the City expressly waives, any claim of ownership in and to any part or the whole of the Light Rail Transit Facilities except as may be otherwise provided herein. SECTION XIII. TERM; TERMINATION 13.1 This Agreement shall be effective as of the date the last party signs and, unless sooner terminated pursuant to the terms hereof, shall remain in effect for so long as the Light Rail Transit Way is used for public transportation purposes. 13.2 Upon termination of this Agreement, Sound Transit agrees to prepare, execute and deliver to the City all documentation necessary to evidence termination of this Agreement or portion thereof so terminated. No such termination, however, shall relieve the parties hereto of obligations accrued and unsatisfied at such termination. 13.3 Upon the cessation of use of the Light Rail Transit Way for the Light Rail Transit System, to the extent any portion of it remaining in the Public Rights -of -Way or on any other public property is not removed by Sound Transit, the City, as expressed by ordinance, may deem it abandoned and it shall become the property of the City. If the City does not desire such ownership, Sound Transit shall remove any remaining portion of the Light Rail System. 13.4 Sound Transit shall file a written removal plan with the City not later than sixty (60) calendar days following the date of the receipt of any orders directing removal, or any consent to removal, describing the work that will be performed, the manner in which it will be performed, and a schedule for removal by location. The removal plan shall be subject to approval and regulation by the City. The affected property shall be restored to as good or better condition than existed immediately prior to removal. SECTION XIV. DISPUTE RESOLUTION; REMEDIES; ENFORCEMENT 14.1 Dispute Resolution. A. Any disputes or questions of interpretation of 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. The Parties agree to exercise their best efforts to resolve any disputes that may arise through this dispute resolution process. B. The Parties agree to use their best efforts to prevent and resolve potential sources of conflict at the lowest level. GA 0045-18 Page 15 FINAL— For Execution C. 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 escalation process should any such disputes arise: (1) Level One - Sound Transit's Deputy Executive Director of Design, Engineering and Construction Management or Designee and the City's Project Liaison or Designee shall meet to discuss and attempt to resolve the dispute in a timely manner. If they cannot resolve the dispute within fourteen (14) calendar days after referral of that dispute to Level One, either party may refer the dispute to Level Two. (2) Level Two - Sound Transit's Executive Director of Design, Engineering and Construction Management or Designee and the City's Public Works Director or Designee shall meet to discuss and attempt to resolve the dispute, in a timely manner. If they cannot resolve the dispute within fourteen (14) calendar days after referral of that dispute to Level Two, either party may refer the dispute to Level Three. (3) Level Three - Sound Transit's Chief Executive Officer or Designee and the City Mayor or Designee shall meet to discuss and attempt to resolve the dispute in a timely manner. D. Except as otherwise specified in this Agreement, in the event the dispute is not resolved at Level Three within fourteen (14) calendar days after referral of that dispute to Level Three, the Parties are free to file suit or agree to alternative dispute resolution methods such as mediation. At all times prior to resolution of the dispute, the Parties shall continue to perform and make any required payments under this Agreement in the same manner and under the same terms as existed prior to the dispute. 14.2 Notice of Default. Neither party shall be in default under this Agreement unless it has failed to perform under this Agreement for a period of thirty (30) calendar days after written notice of default from any other party. Each notice of default shall specify the nature of the alleged default and the manner in which the default may be cured satisfactorily. If the nature of the alleged default is such that it cannot be reasonably cured within thirty (30) days, then commencement of the cure within such time period and the diligent prosecution to completion of the cure shall be deemed a cure. 14.3 Remedies. Either party hereto has the right to exercise any and all remedies available to it as provided by law consistent with the dispute resolution and notice of default sections of this Agreement, in the event the other party violates any provision of this Agreement. 14.4 Cumulative Remedies. In determining which remedy or remedies for a party's violation are appropriate, a court may take into consideration the nature and extent of the violation, the remedy needed to prevent such violations in the future, whether the party has a history of previous violations of the same or similar kind, and such other GA 0045-18 Page 16 FINAL — For Execution considerations as are appropriate under the circumstance. Remedies are cumulative; the exercise of one shall not foreclose the exercise of others. 14.5 Failure to Enforce. Neither party hereto shall be relieved of any of its obligations to comply promptly with any provision of this Agreement by reason of any failure of the other party to enforce prompt compliance, and one party's failure to enforce shall not constitute a waiver of rights or acquiescence in the other party's conduct. SECTION XV. COVENANTS AND WARRANTIES 15.1 By execution of this Agreement, the City warrants: A. That the City has full right and authority to enter into and perform this Agreement and any permits which may be granted in accordance with the terms hereof, and that by entering into or performing this Agreement the City is not in violation of any law, regulation, or agreement by which it is bound, to which it is bound, or to which it is subject; it being understood, however, that the covenant and warranty contained in this Section does not constitute a warranty, expressed or implied, by the City, of the right or rights granted by the City to Sound Transit hereunder; and B. 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. 15.2 By execution of this Agreement, Sound Transit warrants: A. That Sound Transit has full right and authority to enter into and perform this Agreement in accordance with the terms hereof and by entering into or performing under this Agreement, Sound Transit is not in violation of any of its agency governance rules, any law, regulation or agreement by which it is bound or to which it is subject; and B. That the execution, delivery and performance of this Agreement by Sound Transit has been duly authorized by all requisite Board action, that the signatories for Sound Transit hereto are authorized to sign this Agreement, and that the joinder or consent of any other party, including a court, trustee, or referee, is not necessary to make valid and effective the execution, delivery, and performance of this Agreement. SECTION XVI. RECORDINGS; TAXES AND OTHER CHARGES 16.1 Sound Transit shall pay all transfer taxes, documentary stamps, recording costs or fees, or any similar expense in connection with the recording or filing of any GA 0045-18 Page 17 FINAL — For Execution documents or records for which recording or filing is required pursuant to this Agreement. Sound Transit further agrees that if it is determined by any federal, state, or local governmental authority that the sale, acquisition, license, grant, transfer, or disposition of any part or portion of the Light Rail Transit Facilities or right herein described requires the payment of any tax, levy, excise, assessment, or charges, including without limitation, property, sales or use tax, under any statute, regulation or rule, Sound Transit shall pay these, plus any penalty and/or interest thereon, directly to said taxing authority and shall hold the City harmless therefrom. Sound Transit shall pay all taxes, levies, fees, excises, assessments, or charges, including any penalties and/or interest thereon, levied or assessed on the Light Rail Transit Facilities, or on account of their existence or use, including increases thereof attributable to such existence or use, and excluding taxes based on the income of the City, shall indemnify the City against payment thereof. Sound Transit shall have the right to claim, and the City shall reasonably cooperate with Sound Transit in the prosecution of any such claim, for refund, rebate, reduction, or abatement of such tax(es). 16.2 The City may pay any tax, levy, fee, excise, assessment or charge, plus any penalty and/or interest thereon, imposed upon Sound Transit for which Sound Transit is obligated pursuant to this Section if Sound Transit does not pay such tax, levy, excise, assessment, or charge when due. Sound Transit shall reimburse the City for any such payment made pursuant to the previous sentence, plus interest at the prime rate per annum, as published in the Wall Street Journal. SECTION XVII. ASSIGNABILITY; BENEFICIARY 17.1 This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors or assignees. No assignment hereof or sublease shall be valid for any purpose without the prior written consent of the other party, and any attempt by one party to assign or license the rights or obligations hereunder without prior written consent will give the other party the right, at its written election, immediately to terminate this Agreement or take any other lesser action with respect thereto. The above requirement for consent shall not apply to (i) any disposition of all or substantially all of the assets of a party; (ii) any governmental entity merger, consolidation or reorganization, whether voluntary or involuntary; (iii) a sublease or assignment of this Agreement, in part or in whole, to a governmental entity; or (iv) a sale, lease, or other conveyance by the City, subject to those requirements set forth in this Agreement; provided however, that no sublease or assignment under (ii) or (iii) shall be permitted to a governmental entity not operating, constructing or maintaining a Light Rail Transit System on behalf of Sound Transit, and provided further that no unconsented assignment shall relieve Sound Transit of its obligations and liabilities under this Agreement. 17.2 Either party hereto may assign any monetary receivables due them under this Agreement; provided, however, such assignment shall not relieve the assignor of any of its rights or obligations under this Agreement. GA 0045-18 Page 18 FINAL — For Execution 17.3 Sound Transit acknowledges and agrees that the City may designate in writing a designee to (i) receive information, including information designated or identified as confidential, and notices under this Agreement, and (ii) provide certain approvals or consents required from the City under this Agreement. In the event of such designation, Sound Transit may rely on approvals or consents by such designee on behalf of the City as fully as if such actions were performed by the designator itself. 17.4 Neither this Agreement nor any term or provision hereof, or any inclusion by reference, shall be construed as being for the benefit of any party not a signatory hereto. SECTION XVIII. NOTICES 18.1 Unless otherwise provided herein, all notices and communications concerning this Agreement shall be in writing and addressed to (one copy each): Central Puget Sound Regional Transit Authority Attention: Deputy Executive Director DECM 401 South Jackson Street Seattle, WA 98104-2826 And to: City of Federal Way Attention: Public Works Director 33325 8th Ave S Federal Way, WA, 98003 SECTION XIX. MISCELLANEOUS 19.1 This Agreement shall survive delivery and/or recordation of each may be granted hereunder. 19.2 Each party shall be responsible for its own costs, including legal fees, in negotiating or finalizing this Agreement, unless otherwise agreed by the Parties. 19.3 Sound Transit shall not be deemed in default with the provisions of this Agreement where performance was rendered impossible by war or riots, civil disturbances, floods, or other natural catastrophes beyond Sound Transit's control; the unforeseeable unavailability of labor or materials; labor stoppages or slowdowns; or power outages exceeding back-up power supplies. This Agreement shall not be revoked or Sound Transit penalized for such noncompliance, provided that Sound Transit takes immediate and diligent steps to return to compliance and to comply as soon as practicable under the circumstances without duly endangering the health, safety, and GA 0045-18 Page 19 FINAL — For Execution integrity of Sound Transit's employees or property, or health, safety, and integrity of the public, Public Rights -of -Way, public property, or private property. 19.4 This Agreement may be amended only by a written instrument executed by each of the parties hereto, save and except for revisions or modifications to Exhibit C as provided for in Section 2.1 herein. No failure to exercise and no delay in exercising, on the part of any party hereto, any rights, power or privilege hereunder shall operate as a waiver hereof except as expressly provided herein. 19.5 This Agreement constitutes the entire agreement of the parties with respect to the subject matters hereof, and supersedes any and all prior negotiations, oral and written, understandings and agreement with respect hereto. 19.6 Section headings are intended as information only, and shall not be construed with the substance of the section they caption. 19.7 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. 19.8 Each party shall be responsible for resolving, and shall be liable for, its own public records requests. SECTION XX. LEGAL FORUM 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. SECTION XXI. INTERPRETATION This Agreement is executed by all parties under current interpretations of applicable federal, state or local statute, ordinance, law, or regulation. SECTION XXII. 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. GA 0045-18 Page 20 FINAL — For Execution IN WITNESS WHEREOF, each of the parties hereto has executed this Light Rail Transit Way Agreement by having its authorized representative affix his/her name in the appropriate space below. SOUND TRANSIT CITY OF FEDERAL WAY By: By: Peter M. Rogoff, Chief Executive Officer Jim Ferrell, Mayor Date: Authorized by Motion XX on XX Approved as to form: By: Amy Jo Pearsall, Senior Legal Counsel Date: Authorized by Ordinance No. Approved as to form: By: J. Ryan Call City Attorney Exhibit A: General Description of Light Rail Alignment and Station Location(s) Exhibit B: Graphic Representation of Light Rail Alignment and Station Location(s) Exhibit C: Federal Way Link Extension Plans and Profiles Exhibit D: Track Access Procedures (November 15, 2015) GA 0045-18 Page 21 EXHIBIT A: GENERAL DESCRIPTIONS OF LIGHT RAIL ALIGNMENT AND STATION LOCATION City of Federal Way Transit Way Agreement EXHIBIT A: GENERAL DESCRIPTION OF LIGHT RAIL ALIGNMENT AND STATION LOCATION General Description of Federal Way Link Extension Alignment and Station Location in Federal Way Route: Approximately 3.3 miles from the northern City limits on the south side of S 272nd Street in a combination of retained cut, retained fill, at -grade, and elevated structures to the existing 1-5 direct access roundabout on S 317th Street, and then elevated heading west on the south side of S 317th Street and then heading south on the west side of 23rd Ave S through the proposed Federal Way Transit Center Station, to approximately 400 feet south of S 320th Street. Station: Elevated south of the existing Federal Way Transit Center. LIGHT RAIL ALIGNMENT AND STATION LOCATIONS City of Federal Way Transit Way Agreement drdautn 1 rwLc Md z4ar4a transawa .mxa t% Legend S 272nd Station Alignment - At -Grade IIIIIIIIIIIIII Elevated • • *Trench _� _ Station Platform 4U0 ft —•—•- City Boundary r T= WSDOT ROW Kent Federal Way ._ _._••..... s 272nd st '.._._.._..r..•....�. Sta'r L SEATAC a -- 0 G U O �C -o rn -3 DES MOINES LA KENT L-- 0 1 � v L6 1 \ 1 -- ^ck S, !a£O,Q 1 I Vf 7 i 3 l / FEDERAL 7. WAY I z_ jY S Star f z Lame Ra j I z 34(, r. r Fi"j v l f S I Service Laver Credits: Sources: Esd. HERE. DeLorme_ Interman. increment P Cnrn GE8C0_ t1SGS_ FAO_ NPS, NRCAN, GeoBase, IGN, Kadasler NL, Ordnance Survey, Esri Japan, METI, Esd China (Hong Kong), r—Amlbl 1 ti_1 swisstopo, Mapmylndia, © OpenStreetMap contributors, and the GIS User Community Light Rail Alignment and Station Locations N ACity of Federal Way 0 75 t 50 300 450 Feet Federal Way Link Extension "f S 2 78th at Legend Alignment 1111111111M At -Grade IIIIIIIIIIIIII Elevated *Trench S279th'_A City Boundary s rrlTrr WS DOT ROW S 2»thQ. swlsstopo, Mapmylndia, © OpenStreetMap contributors, and the GIS User Community Light Rail Alignment and Station Locations N ACity of Federal Way 0 75 150 so0 450 Feet Federal Way Link Extension C2 a SEATAC n s2su L_ i A Yp DES O� S281st E MOINES N � V 1 rr �' L r' ,1 r c KENT 3 O L -- — u a i c i i i I � I , I} _' K •tttl I I I = _ FEDERAL T WAY I I z i Z i A I A Service Layer Credits: Sources: Esri, HERE, DeLorme, Intermap, increment P Corp., GESCO, USGS, FAO, NPS. NRCAN. GeoBase. IGN. Kadaster NL. Ordnance Survey Esri Janan MFTI. Fsri China !Nona Kona). FXHIRIT R-9 swlsstopo, Mapmylndia, © OpenStreetMap contributors, and the GIS User Community Light Rail Alignment and Station Locations N ACity of Federal Way 0 75 150 so0 450 Feet Federal Way Link Extension NPS, NRCAN, Geo Base, IGN, Kadaster NL, Ordnance Survey, Esn Japan, MET], Esn China (Hong Kong), tAmw! I is -3 sWsstopo, Mapmylndia, ©OpenStreetMap contributors, and the GIS User Community Light Rail Alignment and Station Locations N N City of Federal Way o 75 150 300 450 Feet Federal Way Link Extension Legend Alignment a At -Grade ry IIIIIIIIIIIIII Elevated • • *Trench ---•- City Boundary rlT= WS DOT ROW h St SEATAC S288 ---- I 8th Pt a Avalon P1 3 FD -- To p n St i `� LL DES MOINES 0 h St i Yo E z KENT A St — d 0 S,c ` — — I M I Y � I Z FEDERAL a WAYI I c� .z I z r-- r�.! N G — a x`021 Service Laver Credits: Sources: Esn. HERE. DeLorme. Intermao. increment P Coro.. GEBCO. USGS. FAO. NPS, NRCAN, Geo Base, IGN, Kadaster NL, Ordnance Survey, Esn Japan, MET], Esn China (Hong Kong), tAmw! I is -3 sWsstopo, Mapmylndia, ©OpenStreetMap contributors, and the GIS User Community Light Rail Alignment and Station Locations N N City of Federal Way o 75 150 300 450 Feet Federal Way Link Extension M120181 FWLE Ph3 249745 1 TransitWa .mxd Legend Alignment ` At-Grade IIIIIIIIIIIIII Elevated Sit Garetn0` *Trench -----City Boundary rrrm WSDOT ROW SEATAC � I Ip GI 0 � L - s L VJ 3 i Q N m DES MOINES .ti. 298h, r, L 3 O U m C — KENT L- S 2991" _ — o = DCn w 1 \ I I r S 301st St I I I> 'z I ~ s30'st�h FEDERAL 1— � U WAY I z_ Y ( . Z I i Z f � � I I �I 41 , r _ I Service Layer Credits: Sources: Esri, HERE, DeLorme, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esd Japan, METI, Esd China (Hong Kong), C/U"11oll 1 0_4 swisstopo, Mapmylndia, © OpenStreetMap contributors, and the GIS User Community Light Rail Alignment and Station Locations N ACity of Federal Way 0 75 150 300 450 Feet Federal Way Link Extension 311JI20181 FWLE Ph3 2491451 TransitWa .mxd Legend Alignment At -Grade IIIIIIIIIIIIII Elevated a' *Trench P N —�--- City Boundary t— rr-rrr-r WSDOT ROW O � O d LL SEATAC L -- I DES m MOINES D 7OCP, ; G L KENT L_— I I \ I I= FEDERAL 0 WAY I I I z i � Y — 6 ' Z th Sf Z Y I L1 � I Service Layer Credits: Sources: Esd, HERE, DeLorme, Intennap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survev, Esd Japan. MEn. Esri China (Hong Konq), e EXHIBIT B-5 svAsstopo, Mapmylndia, © OpenStreetMap contributors, and the GIS User Community Light Rail Alignment and Station Locations N ACity of Federal Way 0 75 150 300 450 Feet Federal Way Link Extension 3920181 ME Ph3 149145 1 TraysdWa .mxd - i Legend z r Alignment 1 At -Grade _ 11111111111111 Elevated • • *Trench —•—•- City Boundary 1 Tran WSDOT ROW r - r 1 1 S 312111 St r i SEATAC L i 3m ti DES i 0 MOINES SMNI U h �, LAW park V i i Y 4 Y r' �z " r KENT L_ I � I 1 Al I i I= FEDERAL l t WAY I i c9 Z Y r= t U ( . Z i Z I j S Gateway ce nt<., 11 .4), _I %I C'e 1 A Service Laver Credits: Sources: Esd. HERE. DeLonne. IntennaD. increment P Coro- GEBCO. USGS. FAO. NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esd Japan, METI, Esd China (Hong Kong), r -Al Iibi i t5_0swisstopo, Mapmylndia, ©OpenStreetMap contributors, and the GIS User Community Light Rail Alignment and Station Locations A" I I I I I City of Federal Way 0 75 150 300 450 Feet Federal Way Link Extension 3i9R019 1 FWLE Ph3 2491451 TransitWa .mzd Legend Alignment 4 At -Grade S 111111 III IIIII Elevated *Trench Station Platform s 3 r ""' City Boundary F"ral Way ..... r WSDOT ROW TRANSIT Gunter SEATAC — — 5 317th St Center PI S C,atEway l;eDES r,.. MOINES C� �I r' I� .Pkrr t V �•� m KENT �a j Federal Way Feaeo�y00- j Transit Center Station A r S 320th at l ti r ? j z Z o N FEDERAL 7. �U WAY I j z Y z I jz jz s 322nd St L _1_J~ Service Layer Credits: Sources: Esri, HERE, DeLorme, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), CAnIDI I D-1 swi sstopo, Mapmylndia, © OpenStreetMap contributors, and the GIS User Community Light Rail Alignment and Station Locations N ACity of Federal Way o 75 150 300 450 Feet Federal Way Link Extension EXHIBIT C: PLAN AND PROFILES City of Federal Way Transit Way Agreement J 9Zdl BN_yy, 60ZdtM-OLI oma 33S L UV)4-9L1 JMO 33S I I ■� I © LL ' 1 N I / I 1 \ f© - S'SB.oStl BS a Sl ♦SLI �`syS �\ / �// e R A m 10'00£ l; N I dAl-09S ltl 10d 9L 69C , m Z N `� l6'60E g am Z 16'06£ \\1 1� x m W F p N 9006E Y 99 ME Q Z 2 rXv,, J F Q O C N>u F CC=o L� 10'16£ > Z g ry $ O a Q U F K W 0 N 9{288 W LL L6 HE ' III b BB'E6E w Y m LIME t L ','1 , 9l'06L 3lgBTW g am 16'06£ 99 ME Q I F 1Y18[ � I $ I 1 � 9L ME i' \ ' SL11NN30W-q N1ON3 0t 11N3W.J300N3 ' �\_ sr•tcu v1SSS 16 ME o I �w LO'000 Y� i � c Bnoo 8 16 Wt o a m m od1u0 yy 99 zoo (n 92 tvwp Q /, 91 20: ''ZL£�l l ~ Ov V LUu ZZ J W Ii O 1{'90013 - 2 Z Z W w, U C.LR18S1Ad ■ Z Z O s § ui(D n aw f ZO£dVWSLI OMO 33S illy ll/ MdVM-OLl 'JMO 33S a¢ R Si ,e Lo/ � a dAl'17 SS ltl l'Jd vL'000 ` J 1 z P,ocz s �:( x m ilI�NIW rY6l / l0 [6E W N LL om � ZZ Yarn f V O 16 96C = ga ry 1 ••'��' � K U m 1 I, l%` 1016E W LL 16C IN L 1, 1 ovSK _ g w eec o6yx I. �I r►I� a� `n o o Ls'eaC o� 8 efi�sef 8 ;./ x'10 elm + a L,'6BC a $ se sec U) Z eases Q C) Z Z o CD cr F- Cn OLL W z Z J O Q K z d W< F W z LL, U �W Z w9 O �z U aw £0£dVN-90 DMO 33S 69'LL9 v dAl'10 BS ltl l`Jd pL'L2p 95'9L-z9zl ON OS 99 L9zL9S=DS 2 � 66Ozp i I Z W, ie XLp wa 1 / 1 I VL'OLp � iN W0. Z Z Y a m 99'OE�l9ZL 8N=Sl ' 9S'8E.19LL 86. ' $ J V X20 3Z a� 69'OLp J O j g W m W LL m pzozo � I 66'619 s g � '� �i \ I I I � wY3 > src Yj'�ui ui> i I I IU pL'6L9 I I U it •9'6L9 .I 00'OO�B9Ll BS fip'640 F a � I ---- I I d U i I I u'ele a 'u 1 I I N 8 3rvn — pcelo � Jy rrg I I J / • ele O I i I hln I � LL ?LV � S - - I •9'Ll/ ^ L I I I I d 3 5831N30 SL'Sl II K' 9f3 ar9S�9921 BIS I t9'91e � u I I S eLsle � NI o I I I m ---- I L9'VLp ¢ w I I 69'EL9 3 ys(yW I i i''`VVliis fi,yo LLL L9 \ I I I I -\ 11 I I I9 olp is 11ol9 �'�; o�y \ 11 cn �x 1rLo9 Q LL C) z F- OD ui LL W \; zZ Q LU � Zw U I sZ Z O W i : § a W U a MdVH-M DMO 33S VOCdV* ■c DMO es § ! ! �!y ■ _ ! ■ : ` ° � ■ � � ` d��, r ,_/§. B ); z $� 11 9z,Z� 0. ,_ ■wo � 2! § 8 \ { |! § �ƒ • \ 2 j ;rui �.� iƒ /° \ % .a / - \ } lz �I �®- � | § \ :m b■ ' i �z -- 8 E o ! � ` v | |[\ •_ 66 \'/ r B @ > jL \\ as � ` -" � ,■ � � ,e ®, Cl) �! , Q � , ƒ f 9 F- b - .► \ zz < ! J S M _- -I 2 ! b % \ \ w� 0 z ��,n ams § » �■ \ ! I / S ; , SO£dIMFM DM4 33S i t I M® £O£dWN-M JMO 33S o erEEr m o. �1 8A 13 8s IV 108 9Z'EEO s Z \, 66 Ul ._ 2 Nle NIW A'9L F p,' /I K m F W . LLL rn z� �'•,� W ZEV Y 7 o, z� zz Yarn JV 4010 PZo s3z aH ti zco J O t ui rn �m m W K'z[o LL 1 1 ; 88'LEr � L � U'lev 61 ICI • SII i i I \� IZr LCO , x„ 66 oc i u 1 \ \ I p o = u rcw � I✓/ > � o Nle NW SBL I 60 No li, :yl d K6Er \ ,I $N 66 6Z m o II ocsze ML o I I� ,I I yEH 'I 6r'6Zr II t� pfiEe II 9Z 6Z9 66 9ZI 71 w ill i a a t g of 6zo Z 6r szr Z O U U) LU I z� Z Q iii !� zw U aw 90£dtM-S 0 OMa 33S � !, 6P Bet � a 1 0. nZ 6En ti ; 8 z 66BE, U% v Z Lx W u j u om 4II a I gUg ,� r 11 get Z= U X y r' Fa JL) ¢O� F r 6V OCP 3 0 m \1N LUW ® � J nL'BEO LL iF 66'Lf9 i11 let T f / / oL'LEn gel 1 66'9f0 � �m U 2 S831N33NM1 � � � \\ •: w 11 get � S I \ 61'9En alai o P1r -C, ::�j i 66 Set ry } ®o It � 3 I' � i� sosco aiEN MM nz'Set i It PEO co I= i11 m i$ r g 0 , / w< / 6e efe I z o D w ~ 0 - } / ZN J Z Z u dAl'10BS IV Md >- Z w LU • �i ® LU ? Z J O a z U 40£db�l S Ll 'JMO 33S ow muvx\r��i msosa.s\mr3s�naewM.+m� LOUYM-S Ll 9MO 33S ! S. � �aN i � G _ I I I�i8 Q 1 1 I SOUVM-S(`l oma 339 K oc e/e 66'Z» 3� � U 006WEOfiL B61/d {� sL>��8 r p :11 'ill 09 L" t° II o IIL M -o" N II 800» l3 000aLOELesOne: i 6010» Q II Q I I' Z Ili Z 0 ° �W I`I , o cr o = li z z J crZ d W zw U N E Z � II Ir z aw srL9D I i I o 0 dA 1095 1V IDd Di090 8 O 11 °°°" o II w I I1 � xm wQ JN y1' Lu I bL'LSD Z = y N I I'. 0- < zm 'I III , 66'956 3 Z a ! S. � �aN i � G _ I I I�i8 Q 1 1 I SOUVM-S(`l oma 339 K oc e/e 66'Z» 3� � U 006WEOfiL B61/d {� sL>��8 r p :11 'ill 09 L" t° II o IIL M -o" N II 800» l3 000aLOELesOne: i 6010» Q II Q I I' Z Ili Z 0 ° �W I`I , o cr o = li z z J crZ d W zw U N E Z � II Ir z aw Em i 90£dVMhSLl SMO 33 ► Lei es�s9e 8 � tz 991 2 6.9 Z S Km �< UJ — y Y� 0m 2 Y N L) Q O U 0 YQ tS Q Z • j 99V 3 p a Q U F Q' y W m W t0'69t LL • 8 /5'691 R b stole r 9Lr 19'OLt m p O ii KSLe l3 d O9NICL SS Nd _ �► � I ► .. I ► ► >�9_: tt'OLt KOIs K 69t 10'881 Cal n M l i y ~ W�� s o�18 1 al� ► tt'69t N -a;f t:6 Z I► 1099. I I '► � o I► o xU LL Cn W i► ~ i► Z 2 J Q 1L'LSI l3 'OS+L LCL BB'JN I dAl'I�BS LV YJd } (� w Z a_ I_I..I I I I zw U II �Z z 8 2► r$ 's aw 0 Sb3-21 1 W91 I 1 I � I I � I J{I IC5 I I r I LOUVN-GLI OMO 33S F U I I 'I I I II II I ;I II 1 II I II I Ir I II 1 it II I I I I II I II �I 80'650 0z 050 QT � LL s gg g QQ i OL" l3i i i MSEEI SS 9405/! td � 4 �I 8 Z 0 I : 99.01 Z 8 I' LU n Xm wQ J ~ IL 09, Y ow _ Z yam C ?� 90'190 Z o 3 KKz a p 1 J m wLU r ( 6V'1S/ O LLL i; W U + fZ J— Z O 90ZS/ U I U G'ZS/l3 SS :)Ad /L'Z9/ J( T f 61 ESC �, / I fL>So as II II I _ II II e+•Kr I 11 I i � o I /L'991 Q 1' Q to, I 61'959 11 I I ores/ a I I SN I 66L9> � 0L eso I 80'650 0z 050 � I 66050 M 33 i` or15> 60 Z90 Z y o W o w ~O D zZ J dA1'-D SS LV 10d Z a Zw W U + fZ J— Z O g $ $ aw U MdVM-M sma 33S Q 6 I I g S S S A R 8 a • 1 I I I I [6'690 0898-9K GN S1 • I c I � 1� ', m�� C J n 1 I I I I I s � 111 ,• a J � dnl',p BS ltl l'Jd 60'690 ° O - s03 $ I \ 8/'BW l3 �.� C6B90 ' A z s c 00'OM90CL 99 UW II x W © OWC ? J m F W ILL y Oz Oft Z S Y a N II I y J V R20 b� I I co W190 J p 0. I LO'SWOOCL BS- I I G U F L m N % 0 60'990 IL 00'OS«WCLSSoM I 6> 590 b 4' N i se Wr 3 rl3 38 I , Lsac.exL BS • 09 U � i Lti 60'E90 I LE-99.LOCI 9S • S1 6v eft it I 1a 8 ,;,1 60'L90 m \� it m m 1 m I ° 60090 V i iry u'65m 1 I U •1� 1 600 Stl3lm x0vu1 sesL I I � •. 6V'9sro Z 6.'190 N U go mOw W CP 80'959 w w v E I �7zpa WSW s. I I I •••N IJI w 6YOSO 13i'•• 1 8/'050 o 00'09•BEE L 9S lAd I I 1 I' 1 3. NiSNIw.O'61 OL'm' yr ^J I 90'L9/ Z CD DO W zz i I W I o _ I \ (/' ¢ z w zw U �ZO + \ T e 7 i I g 00'00.SCCeL 9S IAS o z (� ° RIDUVM-9L1 ON 335 I 2 a W 1616+9Set9N0HV N0j L L£dVN-S Ll DMO 33S Zf'66+BSf l SN M9 NO3 $ R $ o ZE fib' BSf is l BN • LB'wom, eS • 16 '9' r 89'LL9 G I _ � n I li I N U J 3 J �i 8 CZ'B6.6II ld • SO y, 7� w II I 66'9[9 ZC'6Z+69CL 9N • S0 R' U J III t6'SZ+B9Ct GO.9y o U I Z QQ 69'9G9 � Z T LU cc n LU p �a W f 0. Z Z Y e w Q0. []p Y< o 1 >Q� I I 1__...-•.1, 90 13 II 69'1[9 3 a 4 ' I I 00'004LSEL es lAd ¢ F W sa3LN�>ovu[ I liqrst I w m LL I ILL S1131N3O NOVNl ZO'SL9 � I I 6019L913 Z6'9L9 ',Q b o I m ty � g $ $ $ ; 00'OOHSCL 83IAd I n = ! 1 m ~0. m !.!.�111dpEEiii R R I > TTSii i I s 1 = I TJX iRL I Li9[9 �. 3 myRR�-y� I' e 66'[[913 I 88'E[9 s s rs � 00•o6.99C1 es on.- � v S 9L'ELo 69'st9 $ _ L9'9D.Stld = OS- _ 9Z'EL9 0 _ I O t I OL'BE.£SEI es OS OL'BE+fSft eN • 0S I � - ' • L9.9CNIld•S1 � I 66ZL9 n I � pt6p.ylCt BS=S1 w C OZ 89+ZSEl ON Sl yE' 1 1 91'ZL9 •1' - I I I li 1 I. i $ 1ZO'99" Lei= 1 i I gg'gMEL id I I 69ZG9 � D h I 91 ON Sd j URL*lsfL BS _ 1 BLIL+CLd _ a _ I _ OLd'� 9Z'ZL9 m 3 $ I 1 1 f, I I I I 66'1[9 . I SG 9ZKlld•ld _ _ a 1i 1 m 9G'LL9 t O I I I z • I • tB'LS••IL Id•� s$ e 011d 3 C 'af E SO'69+69L19S- II 90'9S+69E L ON `^ 9Z'LL9 O L'ONSd 90'%+69f1 as I vJ U<� WON Sd 90'C L+B1E l BN OIM NO3' 1¢ i r 9 S6BL+ 89E t BN Ne NO3 I w 3 S6f 4+69E L BN =1S An 1 Z9lC+OLI es OLd LYC9+69E lld ~ $ � � � 1. - 0 d 00'=ld• Z SO'LcB9EL eS y 0 64'ON Sd S6'CE+99EL BN • S0 I 10'ZC "Ct BS \\` 1 O -T U (n r__$ea<<$P I%/ LLD W 1 , 4 13 3 o LI FQ 5 z Z J a 0 � < K\I OL. l3 1 �;dA,L'116S 1V IOd Y 0 a 3 00.09+L9ELeslm 11 , Q Z LU 6 U LU r •! I -i I� 1 6S J S 3 g 3 i a W V a o6s9+99EL ON 6O£dVM-M VMU 33S 4 Awa-aowvnL»�.v saax.sLmrasOr9»nxvrr� ZUUVN-9l1 DMO 33S i � I Lo•zos m oos 89'669 Z 3 1 m W Xm wa 2 Y N a Ya Mcg 69'9691 1 Q Z 4 �' �6ZN6BE1 es0 lw IZ"969 3 z g 0.1 JO a� QV H {NI K m W m I I p m Sa3LN30 WJV✓Yl OHV NO3' � f � sL26t � 118 NO3 - 00i L9f1 as Is I I > w I 1 I 1L'88* 13 ', \ 9L"699 00'60.L9f1991Ad LIU 1 I \�Ijyl I Y.lA3r+1 BN•1S BZ'Op.99Ct � N � g 9l'980 2 r l I I a Q WE" 13 I I C6'bB9 y � S16NS9fI Y6 -Os m y: '7 00'09.99f l SS IAd I I � m x' II O I I _-- .] �I 16'[99 3 8209.99[1 SN=Sj t < IG M9:i3'Sui 0> II iG - ~ I J OL'£9. ' - 9.'6L I/9C1 SS • Sl 1 i w 'I w69'ZBI13 II 6e Z. I 0 ODVO.IBCL BS OM I y I ® (y H i t zL'L9.f9fl ON ' G 4J®_--- g x _ ,I 6L'CO.SZId. II 66199 c —W'Zf.f9f1 SS _--- I . 01 'ON Sd — 902[' ' 1 II ZB'OO.f9f1 SS z 8Y1B9 3 � ZL'L9+Z9C 1 SN. Sl t I----__—�- 66099 I L0'90 -M 9s. 1 II 10'90.LBf1 ON 01 ON ad ' - ( 'o'90-ZKI 8S I I 61099 8 0 W 09'*1.I9CI SN9C'IS.CZ-Ld. 11 S' C 0191 ld N /VJ 66619 H a z iI 7 i } W9L.R Id OW 1 I I69'6[9 N� I I `I l6'LB.LZ ld I U 011d 1 0 U W u LO"99.KCL as. I I H Ir o 0 OS'95.1Z1d O 5 Ol ON ad LO'9BWSCl SS I I 1 Z Z f _ OI'ON c 1 Si O L1S"< $ ''• (1 j rL durossIV1Odi > c� SN31N309OVM1 I 1 i 56 d' Z w LC s II z w U 1B S6.95C19N OHtl NO3 CL'99.0Z1d•ls II a zf'66.99C 19N w Np3 pp 1 _� W 66.95C z zt'16N=1S f 1S s C S' uT ui > II ml Z O I L8996.BSCl 9S. J OIUV)- DM033S a W 4 N M IL a Z sl O o Wy. � H LU E: m r W f rn aYsy`L uTd> 3 Z= �ay o /Q £L£dMl-SLl Y F Q o sy�at OMd 33S S $ vs s6v S a ga 0 z, 3i 5 m JO a t du'10esivIE)deesso W ai // • o/o/r/ f W vsLso � 's'es6 / 99'66b oep 19009 41 E2 z ro zog 'o Lm ;4 v / rcc9 z 1 r 8 1 oosx Ole mm 9C'S6S ML GL 909 cn o <o =9'SOS N'9 .CLEC es W � Z sz 09 6L w, " o CD Cn W X Z Z ¢ Z II \ \ Q < >� d aW L£ CYC Ld1M-SLl'JMU 33S it w U .$ z Z O �z U a Lu a a OOH Z t4UV)4-9L10MO33S 00'Ofi.L6E185 LLd p h W xo m Q z ono d- ♦ ♦ _ I J� azo o dE� `� ♦/ �' oo'pe.psc9e�s�na y t 3 0 a m •ti `�" a L0 m _ ikp•Ln w ♦ �4 .�Sj' � ♦ \ 2 H �I LL i S F T � ♦ \ �t / \��\♦ av ,� .\.\\ �. 00'06.88EL SSOM / 6 A UYJ NWIII / S tmil VLI SC 10 ` p€ 6B'9L9 IzU V) 6E'BC9 j u� pp J i J16, i >w m� \ B/y, ES -} 68549 13 I 68 589 / // BS; OS OObS.SBEL BS l/d M w // 9L9B913 ♦` jj x 00'SL .98EL BS [Ad tel. 6 9S'BB9 !7 / ONy K'6B0'13 99'689 o / 00'OW9BEl BS OId a� O[/�� 99069 90'B."ON Sd (n F9 / �� • / � f li rs �s9 CD / C) 6p gZ' J o 0 Cf) LL Z) W z oNSa / // z r 0 °a z Z JQ - O dAC'YJBS-V �- W W Z w CD UEdVM-M SMU 33S Wa w U ^� a \ \\ $ $ 8 A R R o z N 'U' Um, g \ $$ R nn 00'(6.1091 88 IL 1 w m J 1 1�i F 8a 99a $ g C 10tl 114000N3I \ 1 ' z� O z Yard f O\\ O • 00'09.LOVL 8S 0 U F< p \ N0tlN10N3 ? I 606Sa < z = o CIr n e e e n I \ > fisfisa o N LU LL 00 0 WMI, Nj?WiWl1 I b II t6 0NO3 N 8 - n \ } \ wUWV)�� MlO NIW ,S'6Z q 65.099 a�>;y AVM3AR10 �jJ 0 O O-OW;� 60'(99 I \ 6W~1=-ZNZp2 821w 00Q ee� .,.�� mwwwa 'y L� z '1 T z' .:k • I =,or�nw�w' w C N - • -2 W2< m • X d 11 � N � \•u 69 Z91 m 0 If �I L11` /f•7 /9L ,� ii � r-------�;� p 60'f99 F �k m 9e-Iz«9661 ON. 3s _wdw i toy R S j Y x 69-99 w C h d 0688.[6fr 320TH ST I� BNzgl III _ :J1;1 m U WNOil11ON] 61'a99 P I woo rte• �� o K / � r LQ �_\\ �SlydLeN N < I If'SL.g�. _ - J II � 11 65599 0 1 �' I 11 I Wbo�ybaN3 I {, Fz I N 11 L 00 y 60999 z 11 . 1,, 1 II t II / ✓ _ ` 1 ' r d 61999 % q =2, w OI i / 1 :i 6S L99 dAl'1J9S 1V 10d 60899 (n /i LC'Sf.Z60l es,1y W Wnoilvld N1038 I� Q - 65"999 Q z F— WL4N/I BN '.iQ? Q'O w baa i1,r 2W �7 U M IVW? Z Z O I N�3iB M z Z Z (� £L£dVN-W sma 33S a w ( g EXHIBIT D: TRACK ACCESS PROCEDURES City of Federal Way Transit Way Agreement a King County Department of Transportation Metro Light Rail Section T SOUNDTRANSIT RIDE THE WAVE Standard Operating SOP 6.15 Page 1 of 11 Procedure Date of Issue: June 26, 2015 Revision: 3 TRACK ACCESS PROCEDURES Approved: Date: Michael Avery, Manager, K etro Rail Section Approved: ��-- Date: Paul Denison, Director, Sound Transit Light Rail Operations Approved: W%�-�_ c-- c/____ - Date: . - .r– 2,1 Tom Jones, Operations S erintendent, KC Metro Rail Section Approved: Date: ('- ,-- SIS Marie Olson, Link Transportation Manager, Sound Transit Light Rail 1.0 PURPOSE To provide the process for managing track access to the Link Light Rail System right of way including the Downtown Seattle Transit Tunnel (DSTT). 2.0 DEFINITIONS Controller–The designated employee on duty in the Link Control Center (LCC) having authority over the entire Light Rail System, including all rail and bus movement in the DSTT. Downtown Seattle Transit Tunnel (DSTT)—The tunnel portion of the Link Light Rail System located in the Seattle Central Business District which has joint operations of buses and light rail trains. Employee In Charge (EIC)–The designated KCM employee, with a current KCM Light Rail EIC training certificate, that is in charge of a work group. The EIC shall be assisted by flaggers when necessary. KCM – King County Metro Link Control Center (LCC) -The primary location for controlling, monitoring and dispatching the entire Link Rail System including rail and bus operations in the DSTT. Also used to address the controller in charge of the rail system at any given time. LIQ King County Department of Transportation Metro Light Rail Section T SOUNDTRANSIT RIDE THE WAVE Standard Operating SOP 6.15 Page 2 of 11 Revision: 3 Procedure Date of Issue: June 26, 2015 L TRACK ACCESS PROCEDURES Lockout and Tagout (LOTO)-A procedure for safely de -energizing a section of the OCS and/or TPSS to protect personnel working on or within 10 feet of the overhead. It requires the use of locks and tags, voltage testers, placement grounds, cables, strobes, cones, flags and signs. Overhead Contact System (OCS)-The overhead wires and equipment that distribute electric power from substations to light rail vehicles. Power and Facilities (P&F)-A work group of King County Metro responsible for trolley bus OCS and facilities maintenance including the DSTT. Power and Facilities authorization is required for any work planned in the DSTT. Red Tag—A red tag is used to lockout / tagout necessary systems when working within 10 feet of the OCS. A red tag for lock out / tagout may also be required for work on other elements of the system as designated by the KCM Rail Section Manager or designee. Right Of Way (ROW)–The area that extends 10 feet from the nearest rail and/or property dedicated to light rail operations. ST – Sound Transit Track Access – The management, scheduling, and authorization of access to employees and contractors to perform work on, near or adjacent to the right of way or any Sound Transit facilities. Track Access Coordinator–The individual designated by the KC Rail Manager or designee, responsible for the coordination and management of all work performed on the ROW by non-KCM personnel. Track Allocation Request/Work Permit Form—A document used by non-KCM personnel to request authorization to perform work on, near, or adjacent to the ROW. Once approved, the Track Allocation Request /Work Permit Form serves as written authorization to allow such work to be performed and restricted such work to specific areas and time periods. Herein referred to as permit requests or work permits once authorized. LIQ King County Department of Transportation Metro Light Rail Section T SOUNDTRANSIT RIDE THE WAVE Standard Operating Procedure SOP 6.15 Page 3 of 11 Date of Issue: June 26, 2015 Revision: 3 TRACK ACCESS PROCEDURES Trackway— The area extending 10 feet from the nearest rail not designated for public use or separated from the rail by a permanent, fixed barrier. Work Plan — An outline of all tasks or tests associated with work related to permit requests, including but not limited to: Date range of planned work, list of participant names, individual roles and responsibilities, detailed work description, maps, tools/equipment listing, and safety plan. WP&S — Way, Power, and Signal VM — Vehicle Maintenance 3.0 REQUIREMENTS 3.1 All persons except for KCM Rail Section personnel and KCM Power & Facilities (P&F) personnel must have an approved work permit prior to performing work within the Link ROW. 3.2 In order to ensure the safety of personnel and equipment, and the safe movement of trains along the Link alignment and buses in the DSTT, access to the ROW must be planned and approved by the KCM Track Access Coordinator prior to the performance of any work by non-KCM personnel. 3.3 All permit requests must include a comprehensive description of planned work. Work plans are required to adequately describe the scope of planned work. Work that is scheduled to last more than one week must have a work plan with each permit request submittal. 3.4 If permit requests include work that may either require access to the trackway or impact service, contact the Link Track Access Office at least 15 business days (3 weeks) prior to the desired start of work. 3.5 The KCM Track Access Coordinator reserves the right to refer permit requests and/or work plans to the appropriate KCM or ST Subject Matter Expert for technical review as needed. LIZ King County Department of Transportation Metro Light Rail Section T SOUNDTRANSIT RIDE THE WAVE Standard Operating Procedure SOP 6.15 Page 4 of 11 Date of Issue: June 26, 2015 Revision: 3 TRACK ACCESS PROCEDURES 3.6 Any work planned to occur in the DSTT must be coordinated with both the KCM Track Access Coordinator and the KCM Power and Facilities Department. Work permits must be issued by both offices prior to DSTT work taking place. 3.7 The Rail Manager or designee has final authority concerning the issuance of work permits. 3.8 Rail Operations reserves the right to cancel authorization to work in the ROW at any time. 3.9 In the event of an emergency that requires immediate action to safeguard persons or property, LCC may permit immediate access to the ROW as needed without a permit. 3.10 Primary contractors and subcontractors are required to obtain permits for their work. Subcontractors will not be allowed to work under the permit of the primary contractor/permit holder. 3.11 If a permit requires support from KCM WP&S, KCM Facilities, KCM Vehicle Maintenance, and/or KCM Operations, coordination in advance is required. For these permits, notification to appropriate support department(s) of intent to use or to cancel the permit is required both 24 hours and 1 hour in advance of the start time. Failure to make these notifications to KCM will result in cancellation of the permit. 3.12 Permitted work must adhere to all conditions of the permit including permitted time, location and other restrictions. Performing work not identified on the respective permit will result in an immediate suspension of the work and revocation of the permit. 3.13 LCC must be contacted to open the permit before any work begins. LCC must be contacted to close the permit once all work is complete and all workers and equipment are clear of the ROW. Notifications to LCC are required each time before entering or exiting the trackway during the permitted time period. When an EIC has been assigned to a work group, a King County Department of Transportation Metro Light Rail Section Standard Operating Procedure T SOUNDTRANSIT RIDE THE WAVE SOP 6.15 Page 5 of 11 Date of Issue: June 26, 2015 Revision: 3 TRACK ACCESS PROCEDURES the work permit shall be opened and closed by the EIC only. Work permits not requiring an EIC may be opened and closed by the individual designated on the work permit_ 3.14 All personnel who perform work within the ROW must have successfully completed the appropriate tier KCM ROW safety training course. 3.15 All persons working in the ROW must have their ROW card in their possession. 3.16 All persons in the ROW, whether Link employees or others, shall immediately follow all orders from the LCC unless it is unsafe to do so. 4.0 PROCEDURES 4.1 To obtain a Track Allocation Request/Work Permit Form, contact the Link Track Access Coordinator at LinkTrackAccess(a)-soundtransit.org. 4.2 The completed permit request must be submitted as a Word document to the Track Access Coordinator no later than Monday at 0800 for the Permit Week beginning the following Monday. The Permit Week begins each Monday morning at 0001 and ends the following Sunday at 2400. Note: Time sensitive work, as determined by KCM, that was not requested by the deadline may be approved at the discretion of the Track Access Coordinator. 4.3 Work plans shall be submitted with the Track Allocation Request/Work Permit Form. Note: Work plans involving SCADA systems must be approved by the Sound Transit IT SCADA Engineer and the KCM SCADA Chief prior to submitting a permit request. 4.4 Each Tuesday, the Track Access Coordinator shall meet with KCM Rail Department representatives to review permit requests and any k1a King County Department of Transportation Metro Liaht Rail Section T SOUNDTRANSIT RIDE THE WAVE Standard Operating SOP 6.15 Page 6 of 11 � Procedure Date of Issue: June 26, 2015 Revision: 3 TRACK ACCESS PROCEDURES associated work plans. Representatives from all Rail shall be given the opportunity to review permit requests and associated work plans. Support requirements, operational constraints and availability are determined at this meeting. 4.5 Permit requestor(s) or representatives must attend the Track Access Coordination meeting conducted at 1300 on Wednesdays at the Link Operations and Maintenance Facility (OMF) 3407 Airport Way South, Seattle, WA 98134.At this meeting, permit requestor(s) or representatives will meet with KCM and ST staff. The upcoming week's track access schedule will be reviewed and scheduling conflicts or questions concerning the work will be discussed. Note: If the permit requestor or assigned representative is not present at the meeting, the requested permit may not be approved at the discretion of the Track Access Coordinator. 4.6 Permits are subject to additional requirements as specified by KCM Rail Operations. 4.7 The Track Access Coordinator has final signature authority for issuance of all permits. 4.8 Following signature approval, a PDF file of the original permit will be sent to the requestor no later than the end of business Friday. 4.9 The Track Access Coordinator will produce and distribute a Track Access Report by the end of business on Friday. Report shall include all approved work permits. 4.10 Copies of all approved w o r k permits will be placed in the track access log book kept at the LCC. 4.11 The permit requestor, after receiving a copy of the completed and approved work permit, may plan the work per the instructions on the approved work permit. LIQ King County Department of Transportation Metro Liaht Rail Section T SOUNDTRANSfT RIDE THE WAVE Standard Operating SOP 6.15 Procedure Date of Issue: June 26, 2015 Page 7 of 11 Revision: 3 i TRACK ACCESS PROCEDURES I 4.12 A copy of the approved work permit must be in the possession of the work party at the worksite. Failure to produce a valid work permit upon request will result in removal of the work party from the ROW. 4.13 Once issued, the conditions on a work permit will not be revised. If changes to any conditions are needed, such as day, time, worker protections, etc. then the permit must be cancelled and a new permit issued. 5.0 RESPONSIBILITIES 5.1 LCC may grant special authorization to commence emergency work as needed without a work permit. 5.2 Permit Requestors 5.2.1 As required by KCM, permits requestors must have an approved work permit and associated work plan prior to commencement of work. 5.2.2 Permits are required regardless of the scope of work. A copy of the approved work permit must be in the possession of the work party at the worksite. Failure to produce a valid work permit upon request will result in removal of the work party from the ROW. 5.3 Employee in Charge (EIC) 5.3.1 The EIC shall open and close work permits with LCC. The EIC shall only close work permits after confirming that all personnel, equipment and material are clear of the ROW and that all systems have been restored to their normal state. 5.3.2 Conduct a job/safety briefing with the contractor and crew prior to the start of work L19 King County Department of Transportation Metro Liaht Rail Section T SOUNDTRANSIT RIDE THE WAVE Standard Operating Procedure SOP 6.15 Page 8 of 11 Date of Issue: June 26, 2015 Revision: 3 TRACK ACCESS PROCEDURES 5.3.3 Suspend all work activities if any member of the contractor work crew is found to be in violation of the conditions of the contractor work permit(s) or does not have a valid permit onsite. 5.4 Link Control Center 5.4.1 Facilitate immediate access to the ROW in the event of an emergency. 5.4.2 Authorize access to the Link ROW to those performing routine maintenance if access does not unduly affect the safe, efficient movement of trains or buses. 5.4.3 Inform operators of workers and work parties entering and leaving the trackway. 5.4.4 Coordinate activities with those performing work to ensure minimal impact on train and bus movement as well as automobile and pedestrian traffic. 5.4.5 Coordinate non -routine activities and assist with sectionalization as required. 5.4.6 Suspend work permits if required to ensure the safety of people and/or property, or during major service interruptions where the need to restore service is critical. 5.4.7 Ensure all work activities being performed within the Link ROW are recorded in the Track Access Permit Log. The EIC for each permit, if applicable, should be included on this log. 5.5 Field Supervisors 5.5.1 Monitor and report ROW activity violations or unsafe conditions to LCC. 6.0 APPENDICES L'a King County Department of Transportation Metro Liaht Rail Section T SOUNDTRANSIT RIDE THE WAVE Standard Operating Procedure SOP 6.15 Page 9 of 11 Date of Issue: June 26, 2015 Revision: 3 TRACK ACCESS PROCEDURES Appendixl : Track Access Request/Work Permit Form Appendix2: Track Allocation Work Plan Template 7.0 SUMMARY OF CHANGES Initial Issue -3/7/08 Revisionl —4/3/09 - Changed the signature block and minor text changes in the body of the document. • Revised Track Access Request/Work Permit Form Revision2-6/27/13 Updated Definitions section • Updated Requirements section • Updated Procedures section Revision3-6/26/15 • Updated Definitions section • Updated Responsibility section Updated Procedures section • Updated Requirements section • Updated Appendix • Complete Revision L,9 King County Department of Transportation Metro Light Rail Section T SOUNDTRANSIT RIDE THE WAVE Standard Operating Procedure SOP 6.15 Page 10 of 11 Date of Issue: June 26, 2015 Revision: 3 TRACK ACCESS PROCEDURES Appenaix1: I racK Allocation Request / WorK Hermit corm L9 �wtr Do— TRACK ALLOCATION REQUESTI WORK PERMIT FORM LCC tM12a5.6t77 PermitfPla-IL'- Compan HXr4 I Mata a"- Pie _ JAW 1"01.1115 PrkYV, m Type or Viort to tie par rmea >9W `I=M or WQIC XORTH O I SOUTH 1 O A2 JCNu Sm DME Em Daw T3 PROTECTION REGUMUD m TPSS LocxzLt Tags Iva%Zarv_ 1("M _-a S39 an SM ry Lockout LoW Fugg�sReq.!-M oxceais�e�a ace frlr9O) OCS 7'adc -%'07-gLn+/ OpC�u Gats Lack= C Oats TUN CONTRACTORAGREEMM 1 a" Te LCCbyfaWcr1rw rsmnar ai fie wF or Sts pwm prarr b ~,q 2*ROkv arytmt 4'0 a * m tie *V% Mea. le sa>pe Cr fit *ar% d13ge3. ala upm .'STI'jf" of" aak. & 0i== ffw C.a-y M R<)%Y G3[!1 ME r ME& ljt''.`t b Cb CI M perrntt by tY_ LCC ar KC Mato Ugtt 99C Opsasa6 Pam a iriel- naw_ naaa M4 uswstaq tie twat ara raqj-an m *m eta m m pamm so w:- am by firm. Tars Pram may be r2vl2a M ary V"- for vii=m of rLm & ragsrar-a+"s or a5 aemiM naCssay IF TP %V -N or pwswra ato UM300rs R-. taq 0011W rMsr ;a; CN LIN K a OI�110111- PrMbtt RRbt: Ian Bacle 206 796-t7at 06?. 206.9037492 at e4Yik;ark W%e5**rsm 206 2567349 as MOW Otararo Trxbon Pour DWI: Me16a ,4kaman 215423-9577 ce 206,907-- 20 MOML11 intn@couilaayln Pan Srrli-ad 4)115 2V SR ? ca- zM n TnK*VXA V[iLaism 20&295rota2 a6 206-9Q}7723 T�s,0l1�p/I�ir.'r py RattrkiW Aooeee CMcs: AiWaYM ❑ C.a6?,7 ❑ sCaONWrs'cam�OSOf X1&255-7ia6 CO. 266 969 77ia = Or FMrVrydbmTaVt oro KCU LAIR an %,M 206 W3416M X. tarvh 3M't gn Kit M30an 2%9031&92 r6. KaM rtOrC3i66QRW?a1Fl.orp IMPORTANT Permit must be available for review and on the work site at all times. A'S, "==l CMt-- ! Tact Access Co === FOF Gwy W C C=Wr PC.ff G47J W -CC O/..A.=,4",2 ---s L.4 King County Department of Transportation Metro Liaht Rail Section T SOUNDTRANSIT RIDE THE WAVE Standard Operating Procedure SOP 6.15 Page 11 of 11 Date of Issue: June 26, 2015 Revision: 3 TRACK ACCESS PROCEDURES Hppenaixl: worK Tian ( emp(ate EXAMPLE TRACK ALLOCATION WORK PLAN Please now RNs dowmwr u an ou" omy and aoes nor conavurre one aNy rype or accwom vowx PLM RNs Oocumwr was" Ne DPW or Urronmauon needed m assess nsR ro Ne qw= and oarwnune sUpP=f"U1rwrAnrL Submfirwaswmes elf UaWW foracwmW and ccanplereness orwerfnplan& Date: SUBMITTED BY (name and contact information): APPROVING AUTHORITY FOR THI S WORK ( Sound Tra ris it P roject Manager or other Approving Authority— name and contact information): Description of W ork: P ropos e d W ork Start Date: Duration of Project (lfa multiple weekprojec4 whatprogresspointare you working in- -Give info by Week, example week 1 of4, etc.) Sc he mati cs & Drawings Atta c hed(Y/N): Employees on site: (Give names ofall employees on site) ROW Training Complete: (YIN, indicate for each employee): IJ ST OF EQUP ME NT: Materials: Vehicles: Staging locations: SUPPORT REQUIRED: Department EIC: Supportonly: Other: SAFETY PLAN: Safety Requirements: PPE: