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LUTC PKT 05-06-2019
City of Federal Way City Council Land Use & Transportation Committee May 6, 2019 City Hall 5:00 p.m. Council Chambers MEETING AGENDA 1. CALL TO ORDER 2. PUBLIC COMMENT 3. COMMITTEE BUSINESS Action Topic Title/Description Presenter Page or Info Council Date A. Approval of Minutes: March 25 and April 1, 2019 Tenuta 3 Action N/A B. RESOLUTION: Setting a Public Hearing Date for the Perez 11 Action May 21, 2019 2020-25 Transportation Improvement Plan Consent C. ORDINANCE: Approving the Federal Way Link Doucette 15 Action May 21, 2019 Extension Project Development Agreement Ordinance First Reading D. RESOLUTION: Adopt City of Federal Way Americans Winkler 287 Action May 21, 2019 with Disabilities Act Transition Plan Consent E. ORDINANCE: Update the Limited Right-of-Way Use Winkler 335 Action May 21, 2019 Permit Code Ordinance First Reading F. Agreement with XG Communities, LLC for Small Winkler 343 Action May 21, 2019 Wireless Asset Services Consent G. Authorization to Reallocate Expenditures to Advance Winkler 355 Action May 21, 2019 Grant Funded Transportation Projects Consent H. Authorization to Submit a Proposal for the Thurlow 359 Info May 7, 2019 Washington Conservation Corps Individual Business Placement Program (WCC IP) I. Rental Housing Inspection Program Update Davis 361 Action May 21, 2019 Presentation 4. OTHER 5. FUTURE MEETINGS/AGENDA ITEMS: The next LUTC meeting will be Monday, June 3, 2019 at 5:00 p.m. in City Hall Council Chambers. 6. ADJOURNMENT Committee Members City Staff Mark Koppang, Chair EJ Walsh,P.E.,Public Works Director Jesse E.Johnson,Member Mercedes Tenuta,Administrative Assistant 11 Hoang V. Tran,Member (253)835-2701 This page left blank intentionally. City of Federal Way City Council DRAFT Special Meeting of the Land Use & Transportation Committee with the Planning Commission March 25, 2019 City Hall 5:00 p.m. Council Chambers MEETING SUMMARY Committee Members in Attendance: Committee Chair Mark Koppang, Committee member Jesse Johnson, and Committee member Hoang Tran. Councilmembers in Attendance: Deputy Mayor Susan Honda (via phone) and Councilmember Lydia Assefa-Dawson. Planning Commissioners in Attendance: Wayne Carlson, Lawson Bronson, Diana Noble-Gulliford, Hope Elder, Tim O'Neil, Dawn Meader McCausland, Tom Medhurst, and Dale Couture. Staff in Attendance: Public Works Director EJ Walsh, Community Development Director Brian Davis, Economic Development Director Tim Johnson, Deputy Public Works Director Desiree Winkler, Deputy City Attorney Mark Orthmann, IT Manager Thomas Fichtner, City Traffic Engineer Rick Perez, Capital Projects Engineering Manager Sarah Hamel, Principal Planner Margaret Clark, and Administrative Assistant II Mercedes Tenuta. 1. CALL TO ORDER: Chair Koppang called the meeting to order at 5:00 p.m. Chair Koppang made an opening statement that the purpose of the meeting is to have a conversation with the Planning Commission and discuss how they reached their conclusion of a 7-0 vote in support of the proposed amendment. 2. PUBLIC COMMENT: Richard Pierson voiced his opinion in opposition to the impacts of the proposed amendment including perceived increases in traffic congestion, safety, travel time, and economic development. He expressed concern that the amendment does not address long-term implications and urged the committee to reject what is being proposed and to seek an alternative. Suzanne Vargo expressed opposition to the proposed amendment. She voiced concerns regarding the wetlands, retention pond, and natural water features potentially being disturbed or moved and how it falls in line with the concomitant agreement. 3. COMMITTEE BUSINESS: Topic Title/Description A. Discussion with Planning Commissioners relating to the 2018 Amendments to the Federal Way Comprehensive Plan and Comprehensive Plan Map to Realign the Future Extension of South 324th Street Further South to Connect with Weyerhaeuser Way South C®unci/member Comments; Chair Koppang expressed his understanding of the hurdles that DaVita has had to go through to come to a conclusion that would work. Committee Members City Staff Mark Koppang, Chair 3 EJ Walsh,P.E.,Public Works Director Hoang V. Tran,Member Mercedes Tenuta,Administrative Assistant 11 Jesse E.Johnson,Member (253)835-2701 Councilmember Johnson and City Traffic Engineer Rick Perez held a clarifying discussion about when updated traffic volume projections would be available, how 32 d Ave S is affected in both the existing plan and the proposed alignment, the relocation of the DaVita jobs from Tacoma to Federal Way, and the desire of DaVita to have a business park environment which allows employees walk between buildings without any intervening traffic. Councilmember Tran expressed concern about the possibility that some commissioners felt pressure to vote a certain way and he requested this meeting to get a chance to talk directly to the Planning Commission in a public setting. Councilmember Assefa-Dawson voiced her support for having the meeting to be more informed. She expressed concern regarding the traffic impacts to Weyerhaeuser Way. Deputy Mayor Honda, Chair Koppang, and Mr. Perez held a clarifying discussion regarding the importance of getting the most updated traffic count forecasts. Mr. Perez stated this is not data that is normally obtained as part of the comprehensive plan process and that updated data will be available during City Center Access Project. Before building the road, a more complete study will be performed which would most likely be looking at projections potentially as far as the year 2050. Planning Commissioner Comments: Commissioner Hope Elder stated she felt no pressure to vote but after studying the proposal further, the detriment outweighs the benefits and suggests the City explore other alternatives. Counci/members and Community Development Director Brian Davis held a discussion about the perception that Da Vita put pressure on the City to get what they want. Mr. Davis explained that the City works with businesses for reasonable accommodations without compromising policies or budgetary restraints In this proposal, it was discovered that the accommodation for Da Vita ends up being less money for the City. Commissioner Lawson Bronson stated he felt no pressure to vote a certain way but as an engineer expressed concerns about the Federal Government allowing the crossing over Interstate 5. Chair Koppang, City Trak Engineer Rick Perez, Community Development Director Brian Davis, and Public Works Director EJ Walsh held a clarifying discussion. Mr. Da vis stated that the comp plan has been vetted with W5DOT and they ha ve been in volved in the development. Mr. Perez explained the Federal Government is concerned about the impacts to the interstate by adding or reconfiguring the ramps. With City CenterAccess,adding additional access will help distribute traffic away from 3200. Mr. Walsh stated that the City has permission to cross I-5 at the comp plan level but as engineering progresses, there will be additional permits and approvals that will need to be obtained. The hurdle with this project isn't about crossing I-5 but more about funding. The project being over 130 million would warrant it to become a part of a State package because the City is not able to undertake it on its own financial capacity. Commissioner Wayne Carlson stated he was not pressured into supporting this amendment and is in favor of it based on looking at it from different perspectives. Mr. Carlson shared his thoughts that the current placement of the roundabout is very impactful to a single piece of property whereas the realignment is less impactful. He addressed the concerns that were brought up about the potential to run through wetlands and clarified that the City has authorization over buffers but not over wetlands. The City may be the applicant for the road but agencies such as the US Army Corp of Engineers and the Department of Ecology has criteria for evaluation. Mr. Carlson explained that an environmental benefit could be that due to the stormwater infrastructure being old, the development may end up improving the water quality. Committee Members City Staff Mark Koppang, Chair g EJ Walsh,P.E.,Public Works Director Hoang V. Tran,Member Mercedes Tenuta,Administrative Assistant II Jesse E.Johnson,Member (253)835-2701 Commissioner Diana Noble-Gulliford voiced that she values the public's input and is not against DaVita but would like to see more companies come to the City. Her concerns are how the City will grow without more long-term planning, traffic impacts with the numerous redevelopments that are underway, and how the City will plan out the 400 acres. Commissioner Dale Couture expressed his thoughts that the roundabout takes up too much land and is in support of the amendment. Commissioner Tim O'Neil shared his initial concerns about traffic impacts and whether or not DaVita and IRG would want access to the realignment. Based on conversations with City Traffic Engineer Rick Perez about when the S S 324th extension would occur and the fact that DaVita desiring an assurance that once they build their building that the City would not disrupt their campus in the future, Mr. O'Neil is in support of the amendment. Commissioner Tom Medhurst stated that he did not feel any pressure with regard to his vote and that he shared the same traffic impact concerns about where it connects to Weyerhaeuser Way. He stated that after all is considered, he is still in support of the amendment. Commissioner Dawn Meader McCausland expressed her initial overall support based on the minimal adverse impacts and positive economic development for the City. Due to the timeline and lack of substantial negative impacts, she chose to support it however now has increasing concerns and questions about decisions being made without fulling analyzing future connectivity. Deputy City Attorney, Mark Orthmann, clarified that based on the general nature of the compplan and its amendments, the level of specificity that was included in this amendment is not the standard. Questions that are being brought up are valid however are not addressed until the projects are developed. Public Works Director,EJ Walsh,further concurred with Mr. Orthmann,stating that the questions, while valid, are the types of questions answered during the 30% design ofa project. Mr. Walsh, City Traffic Engineer Rick Perez,and Ms. Meader McCausland held a discussion regarding this comp plan amendment traffic analysis and impacts and how it relates to the City Center Access project. Councilmembers, Community Development Director Brian Davis, and Public Works Director EJ Walsh, held a closing discussion about mitigating the wetlands. Councilmembers thanked the Planning Commissioners for attending. 4. OTHER 5. FUTURE MEETINGS/AGENDA ITEMS: The next LUTC meeting will be held on April 1, 2019 at 5:00 p.m. in City Hall Council Chambers. 6. ADJOURNMENT: The meeting was adjourned at 6:52 p.m. Attest: Approved by Committee: Mercedes Tenuta, Administrative Assistant II Committee Members City Staff Mark Koppang, Chair 5 EJ Walsh,P.E.,Public Works Director Hoang V. Tran,Member Mercedes Tenuta,Administrative Assistant II Jesse E.Johnson,Member (253)835-2701 City of Federal Way City Council DRAFT Land Use & Transportation Committee April 1, 2019 City Hall 5:00 p.m. Council Chambers MEETING SUMMARY Committee Members in Attendance: Committee Chair Mark Koppang, Committee member Jesse Johnson, and Committee member Hoang Tran. Councilmembers in attendance: Deputy Mayor Susan Honda, Councilmember Lydia Assefa-Dawson, and Councilmember Martin Moore. Staff in Attendance: Public Works Director EJ Walsh, Deputy City Attorney Mark Orthmann, Sound Transit Liaison Tony Doucette, SWM Project Engineer Fei Tang, SWM Project Engineer Kent Smith, Streets Systems Project Engineer John Mulkey, Senior Traffic Engineer Erik Preston, Water Quality Program Coordinator Leah Myhre, and Administrative Assistant II Mercedes Tenuta. 1. CALL TO ORDER: Chair Koppang called the meeting to order at 5:01 p.m. 2. PUBLIC COMMENT: There were no public comments. 3. COMMITTEE BUSINESS: Topic Title/Description A. Approval of Minutes: March 4, 2019 Committee approved the March 4, 2019 LUTC minutes as presented. • Moved: Johnson • Seconded: Tran • Passed: 3-0 unanimously B. 2019 Storm Pipe Repair Project Phase I —85% Design Status Report and Authorization to Bid SWM Project Engineer, Fei Tang, gave a brief background of the 2-phase project to repair deteriorated storm pipes which were identified by the 2018 Storm Drain CCN Inspection and Assessment Project. Mr. Tang provided a map identifying the project locations, outlined progress to date including completed tasks and ongoing tasks, and provided the budget information including estimated expenditures and available funding. Chair Koppang, Deputy Mayor Honda, and Mr. Tang held a brief discussion about how the pipes are prioritized and the age and the factors that contribute to the life expectancy of the pipes. Committee forwarded Option #1 (Authorize staff to complete the design and bid the 2019 Storm Pipe Repair Project Phase I and return to the LUTC and Council for bid award, further reports, and authorization) to the April 16, 2019 Council Consent Agenda for approval. • Moved: Tran • Seconded: Johnson • Passed: 3-0 unanimously Committee Members City Staff Mark Koppang, Chair 6 EJ Walsh,P.E.,Public Works Director Hoang V. Tran,Member Mercedes Tenuta,Administrative Assistant 11 Jesse E.Johnson,Member (253)835-2701 C. Brook Lake Center Connector— Bid Award Street Systems Project Engineer,John Mulkey, provided a project overview map and a brief background stating two bids received with the lowest responsive, responsible bidder being Talakai Construction, LLC in the amount of$281,231.50. Mr. Mulkey outlined the budget including available funding and project costs stating the project is fully funded by the SWM Utility Tax. Committee forwarded Option #1 (Award the Brook Lake Center Connector project to Talakai Construction, LLC, the lowest responsive, responsible bidder, in the amount of$281,231.50 and approve a 10% contingency of$28,123.15 for a total of$309,354.65, approve a budget transfer from SWM Fund 304 in the amount of $136,482.65, and authorize the Mayor to execute the contract) to the April 16, 2019 Council Consent Agenda for approval. • Moved: Johnson • Seconded: Tran • Passed: 3-0 unanimously D. RESOLUTION: Intent to Reform the North Lake Management District (NLMD) Number 2 and Setting of a Public Hearing Date Water Quality Coordinator, Leah Myhre, on behalf of the North Lake Management District (NLMD) Advisory Committee, provided a background on what a Lake Management District is, the history of NLMD, lake management district benefits, the current NLMD status, and who makes up the advisory committee. Ms. Myhre outlined the 2020-29 renewal petition process including its purpose; the boundary and duration; the proposed assessment rate structure and annual costs; the petition sufficiency, and next steps. Ms. Myhre and Councilmembers held a brief discussion regarding the stakeholder selection process, the Canada geese management process, the work plan timeline, and how the public vote is managed. Committee forwarded the proposed resolution to the April 16, 2019 Council Consent Agenda for approval. • Moved: Tran • Seconded: Johnson • Passed: 3-0 unanimously E. Authorization to Accept WA State Transportation Improvement Board Complete Streets Grant Senior Traffic Engineer, Erik Preston, provided a brief background of the Complete Streets program that provides flexible funding to local agencies who have adopted a complete streets ordinance and builds streets to accommodate all users. The City received two(2) nominations and is being awarded $100,000. If authorized to accept the funding, TIB will work with the City to develop a work plan and select a project consistent with the City's draft ADA Transition Plan. Committee forwarded Option #1 (Accept WA State Transportation Improvement Board (TIB) grant funding for the Complete Streets Project at the intersection of S 3201h Street and Pacific Highway and authorize the transfer of $100,000 from the Traffic Impact Fee account for matching funds) to the April 16, 2019 Council Consent Agenda for approval. • Moved: Johnson • Seconded: Tran • Passed: 3-0 unanimously F. Underground Utility Locating Services Agreement Public Works Director, EJ Walsh, presenting on behalf of Deputy Public Works Director Desiree Winkler, provided a brief background of the City's requirement to mark-out city-owned utilities when One Call is requested within city limits which includes storm facilities, signals and street lights, and city fiber. During the 2019-20 budget process, Public Works reviewed all of the in-house and contracted services to identify potential savings and efficiencies. A request for proposals generated one proposal from USIC Locating Services, LLC. Mr. Walsh Committee Members City Staff Mark Koppang, Chair 7 EJ Walsh,P.E.,Public Works Director Hoang V. Tran,Member Mercedes Tenuta,Administrative Assistant 11 Jesse E.Johnson,Member (253)835-2701 outlined the funding budget and contract cost, which does not include City fiber locates. Committee forwarded the proposed agreement to the April 16, 2019 Council Consent Agenda for approval. • Moved: Tran • Seconded: Johnson • Passed: 3-0 unanimously G. Authorization to Change Sponsor for King County Conservation Futures Funding Award Public Works Director, EJ Walsh, presenting on behalf of Surface Water Manager Theresa Thurlow, gave a brief background about the 2019 CFT fund award of$500,000 which is contingent upon being matched by the money in the State Legislature budget awarded to Forterra. Due to Forterra being unwilling to enter into a Memorandum of Understanding with the City and the City's inability to utilize funding of its own to use as matching funds, the best course is to change the sponsor which would transfer the responsibility of providing matching funds to Forterra. Chair Koppang clarified with Mr. Walsh that the $500,000 would either go back to the County or to Forterra to be held for future acquisition of the specific property if a willing seller is identified. Deputy Mayor Honda and Mr. Walsh held a brief discussion about the time limit for holding the funds and what options for extensions are available. Committee forwarded Option #1 (Authorize staff to submit a request to King County for a change in sponsor for the Conservation Futures Fund 2019 Award in the amount of $500,000) to the April 16, 2019 Council Consent Agenda for approval. • Moved: Johnson • Seconded: Tran • Passed: 3-0 unanimously H. Authorization to Apply for Sound Transit System Access Funds Sound Transit Liaison, Tony Doucette, provided a brief background explaining that jurisdictions within Sound Transit's service area are allowed to submit up to two (2) applications for funding with the stated goal to help fund improvements that make it easier for riders to get to and from Sound Transit's stations and facilities. After review of planned Streets Capital and Transportation Improvement Plans by both Public Works and Community Development staff, the two projects that stood out were the Pedestrian Pathway Improvements to the Federal Way Transit Center and Signalizing the Intersection at 21s'Ave S and S 3201h St. Mr. Doucette outlined each project's proposed improvements and the next steps in the timeline and process. Chair Koppang and Mr. Doucette held a brief discussion regarding the Pedestrian Pathways project and the nature of the access. Public Works Director,EJ Wash,clarified to Chair Koppang that this item is information on/y and is on the Council Business Agenda for April 17, 2019. It's the Committee's choice if they would like to make a motion to recommend. No motion(s)made. Committee Members City Staff Mark Koppang, Chair 8 EJ Walsh,P.E.,Public Works Director Hoang V. Tran,Member Mercedes Tenuta,Administrative Assistant 11 Jesse E.Johnson,Member (253)835-2701 4. OTHER: A. Presentation by Timothy Larson with the University of Washington regarding the Ultrafine Particle Study Chair Koppang introduced John Resing, who has served in a number of capacities in the City and has involvement with he/ping citizens understand the impacts of aviation and airports He stated Mr. Resing will provide a brief introduction to Professor Timothy Larson. John Resina, a member of the both the Advisory Committee for the Ultrafine Particle Study and a member of the Airport StART committee, spoke to urge the Council to consider encouraging the University of Washington (UW) to extend the Ultrafine Particle Study by making measurements at ground level along the Pacific Coast as well as extend into the vertical dimension by making measurements in Federal Way from a drone at various altitudes. Mr. Resing also suggested the Council adopt a resolution supporting UW undertaking the design of a permanent ultrafine monitoring network and establish a consultant to act as Council staff dedicated to airport matters to allow for the continuity of knowledge and information. Professor Timothy Larson, with the University of Washington and Co-PI on the Ultrafine Particle Study, explained how ultrafine and ultra-ultrafine particles are measured using units called microns and nanometers. Professor Larson outlined and presented information regarding the inflammatory health effects of the ultrafine particles, how the particles are dispersed and where they are found, various monitoring instruments, school sites as good candidates for monitoring, and the how additional monitoring is needed to support health impact studies near the airport. 5. FUTURE MEETINGS/AGENDA ITEMS: The next LUTC meeting will be held on May 6, 2019 at 5:00 p.m. in City Hall Council Chambers. 6. ADJOURNMENT: The meeting was adjourned at 6:41 p.m. Attest: Approved by Committee: Mercedes Tenuta, Administrative Assistant II Date Committee Members City Staff Mark Koppang, Chair 9 EJ Walsh,P.E.,Public Works Director Hoang V. Tran,Member Mercedes Tenuta,Administrative Assistant II Jesse E.Johnson,Member (253)835-2701 This page left blank intentionally. 10 COUNCIL MEETING DATE: May 21,2019 ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: RESOLUTION: SETTING A PUBLIC HEARING DATE FOR THE 2020-25 TRANSPORTATION IMPROVEMENT PLAN POLICY QUESTION: Should Council pass a resolution to set a public hearing date for adoption of the 2020-25 Transportation Improvement Plan on June 18,2019? COMMITTEE: Land Use and Transportation MEETING DATE: May 6, 2019 CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ® Resolution ❑ Other STAFF REPORT BY: Rick Perez, P.E., City Traffic Engineer DEPT: Public Works Attachments: Land Use and Transportation Committee memorandum dated May 6,2019. Resolution Options Considered: 1. Approve the proposed resolution. 2. Do not approve the proposed resolution and provide direction to staff. MAYOR'S RECOMMEN TION: Option 1. MAYOR APPROVAL: 1 — DIRECTOR APPROVAL: -1j-Z3) "mmitt Co x� IadiaNDu7c niGiaun to Init !Datc COMMITTEE RECOMMENDATION: I move to forward the proposed resolution to the May 21, 2019 consent agenda for approval. Mark Koppang, Committee Chair Jesse Johnson,Committee Hoang Tran,Committee Member 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# RI VISFD- [12M7 RESOLUTION# 11 CITY OF FEDERAL WAY MEMORANDUM DATE: May 6, 2019 TO: Land Use&Transportation Committee VIA: Jim Ferrell,Mayor FROM: EJ Walsh, P.E., Director of Public Works Rick Perez, P.E., City Traffic Engineer U SUBJECT: Resolution Setting a Public Hearing Date for the Transportation Improvement Plan BACKGROUND: In accordance with the requirements of Chapters 35.77 and 47.26 of the Revised Code of Washington, the City of Federal Way adopted its original Transportation Improvement Plan (TIP) and Arterial Street Improvement Plan(ASID) on July 23, 1991. The City is also required to adopt a revised TIP and ASIP on an annual basis to reflect the City's current and future street and arterial needs. The City is required to hold a minimum of one public hearing on the revised plans. Staff proposes that this occur at the June 18, 2019, City Council meeting. Once the revised plans have been adopted by Resolution, a copy of the respective plans must be filed with the Washington State Secretary of Transportation and the Washington State Transportation Improvement Board. The proposed resolution sets the public hearing date for the June 18, 2419 City Council meeting. The TIP will also be presented to the Land Use and Transportation Committee on June 3,2019. 12 RESOLUTION NO. A RESOLUTION of the City of Federal Way, Washington, setting a Public Hearing date of Tuesday,June 18,2019 for adoption of a revised Six-Year Transportation Improvement Program and Arterial Street Improvement Plan. WHEREAS, pursuant to the requirements of Chapters 35.77 and 47.26 RCW, the City Council of the City of Federal Way must adopt a revised and extended Six-year Transportation Improvement Program ("TIP") and Arterial Street Improvement Plan("ASIP") annually; and WHEREAS, a public hearing must be held prior to the adoption of the revised and extended TIP and ASIP. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Section 1. Public Hearin. A public hearing shall be held on the 2020-25 Federal Way Transportation Improvement Plan and Arterial Street Improvement Plan at 7:00 p.m. on Tuesday, June 18, 2019, at the Federal Way City Hall Council Chambers. Section 2. 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 3. 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. Resolution No. 19- Page I of'2 Rev 1+19 13 Section 4. Rati f cation.Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. Section 5.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 . CITY OF FEDERAL WAY: JIM FERRELL, MAYOR ATTEST: STEPHANIE COURTNEY, CMC, CITY CLERK APPROVED AS TO FORM: J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO.: Resolution No. 19-,_ Peege 2 of 2 Rev 1/19 14 COUNCIL MEETING DATE: May 21,2019 ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ORDINANCE:APPROVING THE FEDERAL WAY LINK EXTENSION PROJECT DEVELOPMENT AGREEMENT POLICY QUESTION: Should the City Council approve the Federal Way Link Extension Project Development Agreement between the Central Puget Sound Regional Transit Authority(Sound Transit) and the City of Federal Way? COMMITTEE: Land Use and Transportation Committee MEETING DATE: May 6,2019 CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Tony Doucette, P.E., Sound Transit Liaison Tb DEPT: Public Works Attachments: Staff Report Ordinance Options Considered: 1. Approve the proposed ordinance. 2. Reject the proposed ordinance and provide direction to staff. MAYOR'S REcOMMEN ION: Option 1. MAYOR APPROVAL: r DIRECTOR APPROVAL: rr,/ (-11-z:;111 oFnn te—� c0mil IDitiaUQata [nitieV[]ata InitlaVDate COMMITTEE RECOMMENDATION:I move to forward the proposed ordinance to First Reading on May 21, 2019, Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION(S): FIRST READING OF ORDINANCE (MAY 21,2019): "I move to forward approval of the proposed ordinance to the June 4, 2019 Council Meetingfor enactment." SECOND READING OF ORDINANCE(JUNE 4,2019): "I move to approve the proposed ordinance." (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# 15 CITY OF FEDERAL WAY MEMORANDUM DATE: May 6, 2019 TO: Land Use and Transportation Committee VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public Works Director Tony Doucette, P.E., Sound Transit Liaison'r SUBJECT: Approving the Federal Way Link Extension Project Development 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 272"d St. Improvements within Downtown Federal Way include a new station at the Federal Way Transit Center, constructing a parking garage to add approximately X100 spaces, and a new grid road layout between S 316th St, S 320th St, 21St Ave S, and 23 ILI rive S. As part of the FWLE project, Sound Transit requested a Project Development Agreement that addresses land use, development requirements, and improvements. The Development Agreement outlines the roles, responsibilities, code requirements and modifications, permitting framework, design review approach and design standards for the project. Sound Transit has already secured similar Development Agreements with the Cities of SeaTac, Des Moines, and Kent, the three other municipal jurisdictions along the FWLE corridor. A full staff report authored by Community Development and Public Works staff is attached to this memorandum and provides detailed analysis of the Development Agreement. 16 11111�k CITY OF Federal Way STAFF REPORT TO THE FEDERAL WAY CITY COUNCIL FEDERAL WAY LINK EXTENSION (FWLE) DEVELOPMENT AGREEMENT PUBLIC HEARING - MAY 21, 2019 REGULAR COUNCIL MEETING CITY COUNCIL CHAMBERS FEDERAL WAY CITY HALL - 33325 8" AVENUE SOUTH Report Prepared by: Tony Doucette,P.E., Sound Transit Liaison Leila Willoughby-Oakes,Associate Planner Federal Way Link Extension Development Agreement City Council Staff Report Class 1 -Essential Public Facility Page 1 17 A�k CITY OF Federal r y Project Name: Federal Way Link Extension Development Agreement Proposal Address: City-Wide Proposal Description: Approval of a Development Agreement pursuant to FWRC 19.85 "Development Agreements"to construct a high- capacity light rail project. City Staff: Tony Doucette, P.E., Sound Transit Liaison Leila Willoughby-Oakes, Associate Planner Environmental Review: Sound Transit published the Federal Way Link Extension Final Environmental Impact Statement (Final EIS) on November 18, 2016. Directors' Recommendation: Approval subject to Federal Way Link Extension Final Environmental Impact Statement (FEIS)and City construction permits. Brian Davis, Community Development Director Signature: EJ Walsh, P.E., Public Works Director Signature: tLL �I`1 (Note:The official file and information listed above may not be attached to all copies of this staff report.The official file is a public record and copies of exhibits and other information contained in the file may be inspected and/or obtained at the Community Deveiopment Departniont during regular hours at Federal Way City Hall,333258`h Avenue South,Federal Way,WA. 98003.) Federal Way Link Extension Development Agreement City Council Staff Report Class I-Essential Public Facility Page 2 18 I. DESCRIPTION OF PROPOSAL The Federal Way Link Extension(FWLE)project is a planned 7.8 mile high capacity rail alignment between Angle Lake Station in the City of SeaTac and the Federal Way Transit Center in the City of Federal Way. There are approximately four miles of track, associated public utilities, and a station proposed in the City of Federal Way. The project will terminate at the Federal Way Transit Center, constructed in the mid-2000s, and is an extension of the regional light rail spine to connect to the existing Link Light Rail serving the cities of Seattle,Tukwila, and SeaTac. Sound Transit's system expansion will eventually continue south from the Federal Way Transit Center with the Tacoma Dome Link Extension(IDLE)project undergoing environmental review at this time. Sound Transit proposes to expand the regional light rail system from the City of SeaTac to Federal Way, Washington. The proposed project is part of the Sound Transit(ST2)plan, funding for which was approved by voters in 2008 and the Sound Transit 3 (ST3)plan approved by voters in November 2016. (Sound Transit, Final EIS,November 2016). What is a Development Agreement? Development agreements facilitate unique projects that do not easily fit within the City's development regulations. The Agreement will address project development standards including, but not limited to, design standards, project phasing, a permitting framework, land use and construction review procedures, and standards for implementing City decisions,vesting, and other appropriate requirements. The high- capacity rail project is a multi-year unique capital project, requiring a closely negotiated agreement for authorizing appropriate code modifications and appropriate mitigation. The purpose of this report is to outline the review process and planning analysis to date for the FWLE Project Development Agreement. The Revised Code of Washington(RCW)36.7013 enables local governments to enter into a development agreement with an applicant having ownership or control of real property within City limits. In particular,the development agreement details items that were negotiated by City departments in the interest of public health, safety, and welfare over several years between the City and Sound Transit. As a Class I, Essential Public Facility,the proposal does not easily fit within the City's development regulations and is a suitable candidate for a development agreement. II. FEDERAL WAYREVISED CODE(FWRC)LAND USE CLASSIFICATION AND BASIS FOR APPROVAL The proposed light rail project is classified as a Class I Essential Public Facility, pursuant to FWRC 19.05.050, "E definitions"(see Exhibit D) 19.105.020: "Essential public facility"is any facility or conveyance that: (1)Is typically difficult to site due to unusual site requirements and/or significant public opposition; (2)Is a necessary component of a system, network or program which provides a public service or good; (3)Is owned or operated by a unit of local or state government, a private or nonprofit organization under contract with a unit of government or receiving government funding, or private firms subject to a public service obligation; and(4)Meets the following definitions of either a Class I or a Class II essential public facility. (a)Class I facilities are those facilities of a county,regional or state- wide nature intended to serve a population base that extends significantly beyond the boundaries of the city. Class I facilities may include several local jurisdictions or a significant share ofthe-Puget Sound-regional population-and may include, but are notlimited to,_the following [...) (ii) State or regional transportation facilities, including: light and/or standard Federal Way Link Extension Development Agreement City Council Staff Report Class I-Essential Public Facility Page 3 19 rail lines,commuter terminals,transit centers, and park-and-ride lots [...]; [emphasis added]. Pursuant to FWRC 19.105.020, Class I Essential Public Facilities shall be reviewed under those special provisions outlined FWRC 19.105.020(2)(a)-(g), "Site evaluation criteria."The site evaluation criteria in FWRC 19.105.020 and the Process IV decisional criteria at 19.70.150(3)(a)-(fl will form the basis for City Council consideration. An analysis of the application pursuant to the criteria is provided below under Sections XII and XIII, and the applicant's compliance response in Exhibit D. The City has agreed to combine the Essential Public Facilities Process IV hearing before the hearing examiner, as outlined in FWRC 19.85.110, with the Development Agreement approval because the City Council will hold a public hearing on the Agreement,the Agreement contains reasonable conditions as necessary to ensure the Essential Public Facility review, siting satisfies the City's land use approval criteria and procedures outlined in FWRC 19.105.020 and Chapter 19.70 FWRC, and the Development Agreement process has met all applicable procedural requirements. III. GENERAL PROJECT INFORMATION Location: The project travels south from the existing Angle Lake Station along I-5, stopping at the proposed Kent/Des Moines Road Station and South 272nd Street Station before entering the City of Federal Way. The Transit Way within Federal Way lies primarily within Washington State Department of Transportation right-of--way parallel to I-5 until S 317t" St,where it curves west toward the Federal Way Transit Center and the proposed light rail station. South of the station,the transit way crosses S 320"' St and continues to the project terminus located south of S 320'h St. A Vicinity Map is provided in Exhibit A. Project Area: The project begins at Federal Way's northern boundary at S. 272nd Street and ends south of the existing Federal Way Transit Center at the southwest corner of S 320"' St. and 23`d Ave. S. City Contact: Tony Doucette,P.E., Sound Transit Liaison City of Federal Way Public Works Department Project Proponent: Dan Abernathy, P.E., FWLE Executive Project Director Sound Transit 401 South Jackson Street Seattle, WA Site Zoning: City-Wide, Multiple Zoning Districts Comprehensive Plan Designation: City-Wide, Multiple Designations Site Access: Vehicular and pedestrian access to the Federal Way Transit Center Station will be provided from 23rd Avenue South, South 316"' Street, South 320" Street,21" Avenue South and the new roadway grid constructed south of the existing Transit Federal Way Link Extension Development Agreement City Council Staff Report Class I-Essential Public Facility Page 4 20 Center. Primary transit access to the Federal Way Transit Center will be from South 3201' Street, South 317t" Street,and 23`d Avenue South from the I-5 High Occupancy Vehicle Direct Access. Utility District: Lakehaven Water and Sewer District Fire District: South King Fire and Rescue IV. PROJECT HISTORY AND BACKGROUND Project milestones leading up to City Council consideration of the Development Agreement are contained in Exhibit G. The City has two agreements in effect with Sound Transit for the FWLE,the City Services Agreement and the Transit Way Agreement. The City Services Agreement provides the framework for cooperation between the City and Sound Transit, including reimbursement for City staff time spent on the project. The Transit Way Agreement grants Sound Transit non-exclusive use of public rights-of-way. The Development agreement is the final anticipated agreement between the City and Sound Transit for the project. In addition to Council and Council Committee presentations on the above agreements, Sound Transit and City staff provided multiple status updates and project study sessions. Sound Transit is close to selecting a qualified design-build contractor and construction will begin in 2019.The design-build contractor is responsible for final design, permitting, and construction of the Project.During design, permitting and construction, City departments will review submittals to ensure conformance with applicable codes, process permits for construction, and apply any conditions and/or restrictions reasonably necessary to minimize project impacts consistent with the Environmental Analysis. V. ENVIRONMENTAL COMPLIANCE Sound Transit completed environmental analysis of the Project in accordance with the National Environmental Policy Act(NEPA)and Washington State Environmental Policy Act(SEPA).The Federal Way Link Extension Draft Environmental Impact Statement(EIS)was issued April 10, 2015, and the Final EIS was issued November 18, 2016. The Federal Transit Administration issued a Record of Decision(ROD)on March 6, 2017, and the Federal Way Highway Administration issued a ROD on March 9,2017. The FTA ROD includes a mitigation plan that is included as an attachment in the Development Agreement and in the applicants Essential Public Facilities Site Evaluation Criteria Letter, included as Exhibit D. Sound Transit has completed extensive environmental analysis of the high-capacity rail project. Future transit orientated development on Sound Transit's surplus properties will be subject to environmental review by the Lead Agency at the time of development. Section 8.14 of the Development Agreement outlines the intentional and collaborative approach Sound Transit will use to partner with the City on future surplus property decisions, consistent with the long range planning vision in the City Center. Federal Way Link Extension Development Agreement City Council Staff Report Class I-Essential Public Facility Page 5 21 VI. LAND USE REVIEW FWLE Development Agreement,Section 8.1 states: "Pursuant to RCW 36.70B.170—.210, as amended, as well as Chapter 19.85 FWRC,the City may enter into a development agreement with Sound Transit for the Project. Sound Transit has requested Essential Public Facility(EPF)land use approval for the Project using the development agreement process in accordance with Chapter 19.85 FWRC. The City hereby agrees to combine the requirement for an EPF process IV hearing before the hearing examiner(as outlined in FWRC 19.85.110)with this [Development] Agreement because the City Council held a public hearing on this Agreement,this Agreement contains such reasonable conditions as necessary to ensure the EPF review and siting satisfies the City's land use approval criteria and procedures outlined in FWRC 19.105.020 and Chapter 19.70 FWRC, and the development agreement process has met all applicable procedural requirements. Sound Transit's letter documenting EPF site evaluation criteria outlined in FWRC 19.105.020 [...]." Development Agreement and EPF siting evaluation documents were made available before the public hearing for review by the public. VI. CONSULTED DEPARTMENTS,AGENCIES,AND PUBLIC INVOLVEMENT The following departments, agencies, and individuals were consulted on the FWLE Development Agreement: • City of Federal Way Community Development Planning and Building Divisions; Public Works Development Services, Streets, Surface Water Management and Traffic Divisions;Parks, Recreation, and Cultural Services Department; Federal Way Police Department; Information Technology Department; Law Department; South King Fire and Rescue; • Lakehaven Water and Sewer District. Sound Transit performed separate consultations with the Lakehaven Water and Sewer District and South King Fire and Rescue District. In accordance with public notice requirements set forth in FWRC 19.85, a Notice of Application for the May 21, 2019,public hearing was published in the Federal Way Mirror and posted on the City's official notice boards 14 days prior to the public hearing on May 3, 2019. In anticipation of project construction in 2019,the FWLE Project outreach team conducted the following outreach activities in the first quarter of 2019: • Business outreach near the Transit Center; • Federal Way Roundtable/Federal Way Community Connection Meetings; • Healthpoint Federal Way/King County Public Health briefing; • Federal Way Diversity Commission briefing; • Federal Way Library office hours(drop-in hours); • Neighbor-hood briefings for areas impacted; and • Surplus Property Special Council briefing. Federal Way Link Extension Development Agreement City Council Staff Report Class I-Essential Public Facility Page 6 22 The project was presented approximately nine times to the Land Use and Transportation Committee and City Council over seven years. City staff presented October 3, 2017, March 4, 2019, and May 6, 2019,on the Development Agreement. As detailed in the applicant's response to the Essential Public Facility decision criteria in Exhibit D,the high capacity transit proposal included comment and appeal periods for the Draft Environmental Impact Statement(EIS), and Final Environmental Impact Statement(FEIS). Informal opportunities for public comment included a series of open houses during environmental scoping, station design charrettes with the community stakeholders, and interagency staff from state, local,regional, and federal agencies. As detailed in the applicant's Essential Public Facility compliance letter,planning activities were formulated by the project team during development of the Request for Proposal.The project team consisted of representatives from Sound Transit and the cities of Federal Way,Kent, SeaTac and Des Moines, and Sound Transit's FWLE consultant team,HDR Inc. over a series of years. VII. PUBLIC COMMENTS Public comments received in person or submitted at the public hearing will be included in the record of the final decision. Exhibit I in the final report to Federal Way City Council contains the written comments received. VIII. FINANCIAL IMPLICATIONS There are no anticipated financial implications on the general fund as a result of this agreement. City Council authorized execution of the City Services Agreement with Sound Transit to reimburse the City for staff time spent partnering on the Federal Way Link Extension. The City Services Agreement allows Task Orders to be developed for different stages in the project based on the Council adopted fee schedule at the time the expense was incurred. Sound Transit reimburses the City on a quarterly basis. The Community Development and Public Works Departments will continue design review and permitting efforts through construction of the project and staff time will be funded exclusively by the City Services Agreement. IX. KEY NEGOTIATED ITEMS The FWLE Development Agreement represents a wide-variety of carefully negotiated items between Sound Transit and the City of Federal Way, including, but not limited to: • Temporary artwork/screening in station area throughout construction; • Design review submittal packages and number of submittals; • Commitment to collaborate and achieve consensus between all stakeholders, including the City, for any surplus property decisions for transit orientated development; • Acceptable wetland and stream buffer intrusion mitigation sites in City-limits; • Code modification allowing fiber optic system improvements in place of retail requirements on the first floor of the parking garage; Federal Way Link Extension Development Agreement City Council Staff Report Class I-Essential Public Facility Page 7 23 • Expectations regarding business and community outreach during construction, including timing and Sound Transit responsiveness; • Site security during construction, crime prevention, and safety plans for new station area; • Public safety agreement requirements; • Safe City surveillance cameras; • Enhancing pedestrian connections to the 320th St Park and Ride; and • Artwork relocation and removal at the Federal Way Transit Center. X. TRANSPORTATION NETWORK The Final EIS identifies transportation improvements necessary to address transportation impacts associated with the proposed project. The mitigation plan for the Project describes Sound Transit's mitigation commitments that will be implement to avoid or minimize project impacts identified in the Final EIS. Items improving the transportation network and aligning with the City of Federal Way's 6- Year Transportation Improvement Plan and 2016-2040 Capital Improvement Plan include: • Reconstructing 23rd Ave S from S 317th St to S 320th St as a concrete roadway; • Reconstructing S 317th St from 28th Ave S to 23rd Ave S as a concrete roadway; • Constructing a new roundabout intersection at 23rd Ave S and S 317th St; • Constructing pedestrian improvements between the proposed Federal Way Transit Center Station and the existing Park and Ride at the intersection of 23rd Ave S and S 324th St, east of the Commons Mall. XI. ANALYSIS OF CLASS I ESSENTIAL PUBLIC FACILITY DECISION CRITERIA In addition to the Process IV decision criteria addressed in XII, below,Class I Essential Public Facilities are subject to the site evaluation criteria per FWRC 19.105.020. It should be noted, RCW 36.70A.20 states that no local comprehensive plan or development regulation may preclude the siting of essential public facilities. The applicant submitted an Essential Public Facility Siting Criteria letter, provided as Exhibit D, and a summary of staff analysis is provided in this section. FWRC 19.105.020 Essential public facilities (2), Site Evaluation criteria. (a) Demonstration of need. Project must establish the need for their proposed facility. Included in the analysis of need should be the projected service population,an inventory of existing and planned comparable facilities, and an assessment of demand for this type of essential public facility. Staff Analysis: The applicant's response is consistent with this criterion. An assessment of need for regional-level facilities is appropriately documented by Sound Transit,the City of Federal Way Comprehensive Plan (FWCP), Chapter 7- City Center, consistent with state and regional transportation plans and policies and with input from affected local governments, communities, and federal agencies. The City has provided continuous input into the project with respect to siting and design requirements as part of the ST2 plan,funding for which was approved by voters in 2008,and the ST3 plan approved June 2016.The FWCP expressly contemplates the proposed project and high __capacity transit within_the City of Federal Way and City Center and associated infrastructure improvements including pedestrian and bicycle access outlined in Exhibit H. Federal Way Link Extension Development Agreement City Council Staff Report Class I-Essential Public Facility 24 Page 8 (b) Relationship of service area to population. The facility should service a share of Federal Way's population within the City. The proposed site should also be in a location that reasonably serves its over-all service area population. Staff Analysis: The applicant's response is consistent with the criterion. In addition,the project is consistent with the population projections and with transportation solutions contained in the FWCP. (c) Minimum site requirements. Project sponsors shall submit documentation showing the minimum site requirement needs for the facility. Site requirements may be determined by any or all of the following parameters: Minimum size of the facility, access, necessary on-site support facilities,topography, geology and soils and mitigation requirements. The sponsor shall also identify any future expansions of the facility. Staff Analysis: The applicant's response is consistent with the criterion and thoroughly addressed in the FWLE Draft and Final EIS documents. (d) Alternative site selection. The sponsor shall document whether any alternative sites have been identified that meet the minimum site requirements of the facility. Where a proposal involves expansion of an existing site,the documentation should indicate why relocation of the facility to another site would be infeasible. Staff Analysis: The applicant's response is consistent with the criterion,by documenting the alternative site selection process for the facility in the environmental record. The site selection process for the Project that resulted in an I-5 alignment as the Preferred Alternative is outlined in the FWLE Draft and Final EIS documents. Several other light rail alternatives and a No Build Alternative were considered with public input. The variety of alternatives considered included at-grade, trench, and elevated light rail alignments with different station configurations and profiles. The proposed alignment and station area were supported by Council action with City Resolution No. 15-686, adopted on May 19, 2015 during the Final Environmental Impact Statement. (e) Concentration of essential public facilities. In considering a proposal,the City shall examine the overall concentration of these facilities within the City to avoid placing undue burden on any one neighborhood. Staff Analysis: The applicant's response is consistent with this criterion by citing the project's compliance with applicable regional, local and national policies, including the City's land use and transportation FWCP policies seeking to concentrate future population growth,related infrastructure and a high capacity transit station specifically at the proposed location in the City Center. (f) Public participation. Sponsors shall conduct local outreach efforts with early notification to prospective neighbors to inform them about the project, and to engage local residents in site planning and mitigation design prior to the initiation of formal hearings. Staff Analysis: The applicant's response is consistent with this criterion.As detailed in Section IV, and in the applicant's Essential Public Facility criteria compliance letter, significant formal and informal opportunities for public input occurred prior to Development Agreement consideration and a public hearing before the City Council. Comment and appeal periods for environmental impact statement scoping,the.Draft ELS and Final EIS have occurred, with the. Final EIS comment period ending in December 2016. Federal Way Link Extension Development Agreement City Council Staff Report Class I-Essential Public Facility 25 Page 9 (g) Proposed impact mitigation. The proposal must include adequate and appropriate mitigation measures for the impacted area and neighborhood. Mitigation measures may include, but are not limited to, natural features that may serve as buffers, other site design elements used in the development plan, and/or operational or other programmatic measures contained in the proposal. The proposed measures should be adequate to substantially reduce or compensate for anticipated adverse impacts on the local environment. StaffAnalysis: The applicant's response is consistent with this criterion. The FWLE Record of Decision Mitigation Plan was issued by the Federal Transit Administration(FTA) and is included with the applicant's Essential Public Facility Siting Criteria letter, enclosed as Exhibit D.The proposed Development Agreement also identifies liability insurance and indemnification requirements for the applicant and applicant's design builder while working in City limits. Separate City reviews and permits(demolition, engineering, right-of-way permits, critical area reviews with mitigation plans, and construction permits, etc.)for the project are outlined in the project's Preliminary Permitting Plan included as Exhibit K of the Development Agreement.Permits will include conditions and restrictions reasonably necessary to minimize adverse impacts of approving the subject Agreement. XIII. ANALYSIS OF PROCESS IV DECISION CRITERIA Pursuant to FWRC 19.70.150 and FWRC 19.85.150, after considering all information and comments submitted on the application,the City Council shall use the criteria listed in the provision of this chapter describing the requested decision on the Development Agreement request and may approve the application only it meets the Process IV decision criteria listed in FWRC 19.70.150(3)(a)-(fl. Following is the staff analysis of the project consistency with Process IV decision criteria. 1) It is consistent with the Comprehensive Plan. StaffAnalysis: The project and enabling Development Agreement are supported by a number of goals and policies contained in the FWCP. A list of selected goals and policies supporting the Development Agreement application are attached as Exhibit H(CCG8, CCG9, CCG 11, CCG 13, CCP13, CCP14, CCP21, CCP24, CCG15, CCP25-CCP30, CCP33 and CCP44). The City Center Chapter of the FWCP(see Map VII-10,FWCP Chapter 7)expressly contemplates High Capacity Transit and associated station facilities at the location proposed by Sound Transit.The proposal will expand an existing transit station and provide more suitable and accessible facilities for transit riders. 2) It is consistent with all applicable provisions of this Chapter and all other applicable laws. StaffAnalysis: The project as proposed is consistent with all decision criteria pertaining to Class I Essential Public Facilities. The Project as proposed and mitigated in the Project's Development Agreement, Final EIS, and the Federal Transit Administration and Federal Highways Administration Record of Decision, is consistent with the applicable Process IV decision criteria and with the purpose and intent of the FWRC; however,the City may not preclude the siting of essential public facilities within the jurisdiction pursuant to the RCW 36.70A.200. 3) It is consistent with the public health, safety, and welfare. Federal Way Link Extension Development Agreement City Council Staff Report Class I-Essential Public Facility 26 Page 10 Staff Analysis: Development of the project as proposed and the design-build review approach outlined in the Development Agreement are in accordance with applicable codes,policies, and regulations to ensure protection for public health, safety, and welfare.Negotiated items in the Agreement maintain regional transit agency accountability for citizen welfare including, but not limited to,traffic controls,haul routes, building inspections, and compliance with state,federal, and local regulations. The agreement clearly identifies Sound Transit's responsibility to provide a public safety agreement prior to the start of revenue service. Other public safety negotiated items include agency coordination for Safe City Surveillance Cameras and fiber optic infrastructure. The applicant will be required to coordinate with the City's Information Technology and Police Departments to upgrade and install closed circuit television and have viewing access to Sound Transit's surveillance cameras in the station plaza and station parking garage. 4) The streets and utilities in the area of the subject property are adequate to serve the anticipated demand for the proposal. Staff Analysis: Urban services and utilities are available to serve the site. The project will provide new and improved transportation infrastructure and improved high capacity transit services to and from the Federal Way City Center Core,which will in turn encourage more dense development of the area as envisioned by the FWCP. The proposal will implement an enhanced downtown grid system. 5) The proposed access to the subject property is at the optimal location and configuration. Staff Analysis: The City's previous comments on the FEIS, FWLE Record of Decision Mitigation Plan, and Request for Proposal Preparation meetings regarding the design builder project requirements adequately address the City's transportation concerns and issues. Driveway locations and improvements have been determined at optimal locations and configuration by the Public Works Director considering applicable code requirements and necessary mitigation for requested modifications. Development standards and agency access requirements shall be reviewed in greater detail during the design-build process. Exhibit B of the-Development Agreement, "Letter of Concurrence: Right-of-Way Cross Sections" details the street modifications accepted by the Public Works Director considering applicable code requirements, right-of-way modification approval criteria, and South King Fire and Rescue emergency access requirements. XIII. FINDINGS OF FACT AND CONCLUSION Findings of Fact Based on an analysis of the proposal,the Final EIS, and required decision criteria,the Community Development Department finds the following about the Essential Public Facility and Federal Way Link Extension Development Agreement: 1) The applicant, Sound Transit, seeks to construct a new high capacity light rail station, including a 400-stall parking structure, station area, and related transit improvements in the -- - center-af Federal Way's City Center-Core-(CC-C)zone.The-proposal_also_includes-an- elevated light rail 1-5 alignment primarily within Washington State Department of Federal Way Link Extension Development Agreement City Council Staff Report Class I-Essential Public Facility Page 11 27 Transportation right-of-way. The Project will support an expanded regional transit service to and from Federal Way and facilitate future transit alignments, such as the Tacoma Dome Link Extension. 2) As proposed,the project complies with the National Environmental Policy Act(NEPA)based on a Record of Decision by the Federal Highway Administration and Federal Transit Administration issued March 2017. The proposed Agreement and Essential Public Facility siting comply with the Washington State Environmental Policy Act,based on Sound Transit's Project Final EIS issued November 2017. All environmental mitigation measures contained within this document are conditions of Project approval and permits obtained by the Project design builder shall also be subject to these conditions. 3) The applicant has performed extensive public outreach and engagement required by state and federal legislation, in addition Sound Transit provided informal opportunities for public comment in the form of in person and online open houses, and LUTC Committee and City Council briefings. 4) The project is classified as Class I Essential Public Facility(regional transportation facility) pursuant to FWRC 19.105.020 "Site Evaluation Criteria."Based on the analysis contained in the applicant's Final EIS and documented in the applicant's response to siting criteria included in Exhibit E,the need for the facility is verified based on the service population, facilities, and regional transportation demands. 5) All appropriate public notices as required by Chapter 19.85 FWRC were provided. The City received comments as of the date of this report./No written comments were submitted as of the date of this report. 6) Public services and utilities, including police and fire protection, and water and sewer services, are available and will be provided in the project area. Conclusion The proposed Federal Way Link Extension Development Agreement complies with the decision criteria applicable to Class I Essential Public Facilities and Process IV decisional criteria and comprehensive plan. XVI. DIRECTOR'S RECOMMENDATION Based on the above analysis,the Community Development Director recommends approval of the FWLE Extension Development Agreement and Essential Public Facility siting, subject to the Federal Way Link Extension Record of Decision Mitigation Plan. Federal Way Link Extension Development Agreement City Council Staff Report Class I-Essential Public Facility Page 12 28 LIST OF EXHIBITS A Vicinity Map B Light Rail Station Preliminary Engineering Schematic C Term Sheet(Memorandum of Understanding)between the City of Federal Way and Sound Transit D Applicant's Response to Essential Public Facilities Site Evaluation Criteria E FWRC Chapter 19.05.050, "Definitions,"Essential Public Facility F FWRC Chapter 19.105.020,Essential Public Facilities(Siting evaluation criteria) G Federal Way Link Extension Project Milestones H Federal Way Comprehensive Plan ((FWCP, Revised 2015)Excerpts I Public Comment(Included at Public Hearing) Federal Way Link Extension Development Agreement City Council Staff Report Class I-Essential Public Facility Page 13 29 EXHIBIT A PROJECT VICINITY MAP ®i Link Light Rail Angle Lake—Federal Way(2024) mom Surface Elevated �s Other service Angle Lake—Seattle(in service) Federal Way—Fife—Tacoma(2030) Q New station Existing station P New parking `JCICl,inS'J Existing parking a Kent/ A , Des Moines N � - . . 99 South 272nd �p Street Federal Way ® Transit Center (Source: Sound Transit) 30 EXHIBIT B FWLE STATION AREA SCHEMATIC Federal Way Performing Arts &EV'ent Center , S 316th St Existing FW •, - 4ParkingG k . . ara M _. .. nciabout a a" , s }' 11 A - - - TPSS ConslnxlionStging �� � Parking Garage + s / cillary Space �`a �g < � • Consmuilon SbgN9 "�'` � w, i ator Verti 1 uiation ' '' Stairs ' ay Centir" ,e C a Constnatllon ShgY+g Mr r a, I • �� -. s 320th sc �~ Vertical OrAlation M = R mp ' a`lrs d a a t Jz iEj Par#trans ry . ., N &Passen (Source: Sound Transit, N.T.S.) 31 LAM M I L TERM SHEET BETWEEN THE CITY OF FEDERAL WAY AND SOUND TRANSIT MEMORANDUM OF UNDERSTANDING(TERM SHEET) BETWEEN THE CITY OF FEDERAL WAY AND SOUND TRANSIT RELATED TO THE FEDERAL WAY LINK EXTENSION PROJECT 1. Background 1.1 The City of Federal Way (City) is a non-charter municipal code city incorporated under the laws of the State of Washington, with authority to enact laws and enter into agreements to promote the health, safety, and welfare of its citizens and for other lawful purposes. 1.2 Sound Transit is a regional transit authority created pursuant to chapters 81.104 and 81.112 RCW with all powers necessary to implement a high capacity transit system within its boundaries in King,Pierce,and Snohomish Counties. 1.3 The Federal Way Link Extension Project (Project) is part of the Sound Transit 2 and Sound Transit 3 Plans for which voters approved financing in 2008 and 2016, respectively,and is an element of Sound Transit's Long Range Transit Plan. 1.4 Sound Transit is conducting environmental review for the Project in accordance with the National and State Environmental Policy Acts (NEPA and SEPA). Sound Transit and the Federal Transit Administration published the Final Environmental Impact Statement(EIS) on November 18, 2016.The Sound Transit Board is expected to make a final decision on the project to be built in early 2017, after consideration of the Final EIS. 1.5 In July 2015, the Sound Transit Board identified a preferred alternative to extend light rail to Federal Way (Motion M2015-56). The preferred alternative would extend south from the Angle Lake Station in the City of SeaTac, cross SR 99 and continue along the south edge of the future SR 509 alignment to Interstate 5 (I-5). It would continue south along the west side of 1-5. In the Kent/Des Moines station area within the City of Kent, the preferred alternative would transition west to be close to Highline College with a station west of 30`h Avenue South. The alignment would then continue south along the west side of 1-5 to include the S 272nd Star Lake Station in the City of Kent and would terminate at the Federal Way Transit Center Station in the City of Federal Way. 1.6 Concurrent with the completion of the environmental review process, Sound Transit advanced the design of the preferred alternative in coordination with key stakeholders. The City and Sound Transit agree that the current understanding of the preferred alternative is as shown in the Pre-Final Preliminary Engineering (PE) Submittal, dated September 23, 2016, which has been provided to the City. Additional design elements that were not reflected in the submittal, but which will be incorporated in future submittals, were documented in the associated transmittal memo and accompanying exhibits. Page I of 3 32 2. Purpose This Memorandum of Understanding(MOU)is intended to document progress toward goals identified by the Sound Transit Board in Motion M2015-56,which directed Sound Transit staff to work with local jurisdictions in the corridor to consider permitting processes that would provide certainty and predictability for the Project. Nothing in this MOU shall be binding upon either Ply 3. Progress to Date 3.1 SEPA Compliance. Sound Transit is the lead agency for compliance with SEPA. In coordination with the City, Sound Transit has completed the substantive and procedural environmental review for the Federal Way Link Extension Project in accordance with SEPA requirements, with the publication of the Federal Way Link Extension Final EIS in November, 2016. The environmtal review covers the City's issuance of permits for the Project as well as environmental mitigation, and the City will use and rely upon the existing environmental documents to satisfy its SEPA responsibilities, consistent with WAC 197-11-600. 3.2 Establish a Consolidated Permitting Process. The City commits to work with Sound Transit to develop a consolidated permitting process for Project review and approval. The City agrees to identify and evaluate opportunities to streamline the process and avoid duplication where feasible. Permitting is expected to occur in 2018-20. 3.3 Resolve Impractical Code Requirements. The City has determined that the Project as represented in the Pre-Final PE Submittal and accompanying exhibits is generally well- designed. The City commits to consider a development agreement that would provide flexibility from development standards, if such flexibility would benefit both the City and Sound Transit, 3.4 Support Light Rail System in Land Use Plans and Development Regulations.The City commits to consider all reasonable and feasible measures necessary to support and accommodate the light rail system in land use plans and development regulations. 3.5 Vesting. In accordance with Washington law, certain building and development regulations can be "vested" early in the development process. Typically vesting occurs with submittal of a complete building permit application. The City and Sound Transit will cooperate to identify those regulations that can be vested early in the process so that Sound Transit can design the Project according to consistent standards, and predict Project costs and timelines with reasonable certainty. 4. Conclusion and Signature Block This MOU is a non-binding statement of the Parties' progress toward the goals identified by the Sound Transit Board in Motion M2015-56. Sound Transit and the City acknowledge that this MOU is not a complete statement of terms and conditions that will apply to the transactions contemplated herein.If Sound Transit and the City determine it is in their respective best interests to enter into an agreement or - _ agreements-at-some future date related to the subject matter ofthis- MOU, and-because this-MOU-is - -- non-binding and has no legal effect,the terms of those agreements shall govern. The City and Sound Transit recognize that future agreements will be subject to approval by the City Council and Sound 33 Page 2 of 3 Transit Board and must comply with applicable state and federal regulations.Additional issues not addressed in this MOU may be identified and included in these future agreements. SOUND TRANSIT Peter M. Rogoff Date Chief Executive Officer CITY o EDE WAY J' " rrell /ate yor Page 3 of 3 34 EXHIBIT D APPLICANT'S RESPONSE TO ESSENTIAL PUBLIC FACILITY M V SoUNDTHRArusIr SITE EVALUATION CRITERIA March 12, 2019 CHAIR John Marchione Rcdnrond rllur a Tony Doucette, PE City of Federal Way VICE CHAIRS 33325 8th Avenue South Kent Keel Federal Way, WA 98003 Paul Roberts Subject: Compliance with Essential Public Facility Siting Criteria for the Federal 1'.,erru Cotmcil,nember Way Link Extension Project BOARD MEMBERS Dear Mr. Doucette: Nancy Backus ,I rdnu'n:11m ow David BakerAttached is a Memorandum prepared for your consideration regarding the Federal R-cn,nore Y/nrt„ Way Link Extension (FWLE) Project's Compliance with Essential Public Facility Claudia Balducci (EPF) Siting Criteria and supporting Sound Transit's request for an Essential King C ormit,Cbuncd bier Chao Public Facility(EPF) land use approval for the Project using the process for Dow Constantine review and siting of the same, as specified in FWRC 19.105.020. ling(orrmt Exeotnirc Bruce Dammeier Sound Transit would also like to acknowledge and thank the City for its Pre)ce Cowin Gsecrnii e partnership efforts to date in advancing planning and design for the FWLE Jenny Durkan Project. These efforts have included on-going staff coordination, providing seoare ia,or informal input and comment on various Project aspects, and reaching formal Dave Earling milestones, such as execution of a Project Term Sheet (setting forth general lichnornls:vq)•w support for the Project) and a City Services Agreement. In both the City Term Rob Johnson Sheet and the City Services Agreement, the City has recognized Sound Transit's Senile Crnnroil,nember completion of substantive and procedural environmental review in accordance Joe McDermott R-ins C'ncouv Cuuncilmrnrbo. with SEPA requirements, with publication of the FWLE Project's Final EIS in November 2016. The information contained in the following memorandum Roger Millar 1!ushingloef Stile.Scor Cluj v draws on this environmental record. u/7Sansportctlion Kim Roscoe I look forward to your consideration of this request. rale:11avop Dave Somers Sincerely, .SnuhoniLh C oitlm,Evc aivi Dave Upthegrove kind Count) Corurrillnember Peter von Reichbauer Dan Abernathy King Cowm C'ouncilrneniber Federal Way Link Extension Executive Project Director Victoria Woodards Design Engineering and Construction Management fa onla'I hwor Sound Transit CHIEF EXECUNV€OrFICCR Peter M.Rogoff Central Puget Sound Regional Transit Authority•Union Station 401 S. Jackson St., Seattle, WA 98104-2826•Reception: (206) 398-5000 - FAX- (206)398-5499 www,soundtransit.org 35 Central Puget Sound Regional Transit Authority ("Sound Transit") Federal Way Link Extension (FWLE) Project Memorandum Regarding Compliance with Essential Public Facility Siting Criteria for the Federal Way Link Extension Proj ect Prepared by Sound Transit Staff March 12,2019 I. Background A. History Sound Transit proposes to construct the Federal Way Link Extension(FWLE) Project, which would expand the regional light rail system from SeaTac to Federal Way, Washington. The FWLE Project would be in the cities of SeaTac, Des Moines, Kent, and Federal Way in King County. It is an element of Sound Transit 2: a Mass Transit Guide, the Regional Transit System Plan for Central Puget Sound(ST2), financing for which was approved by the voters in November 2008. ST2 funded construction and operation of the portion of the FWLE Project from SeaTac to Kent/Des Moines. Sound Transit 3: the Regional Transit System Plan for Central Puget Sound(ST3), funds the remainder of the project, from Kent/Des Moines to the Federal Way Transit Center. A total of three new Light Rail Transit(LRT) stations will be constructed as part of the FWLE Project-at Kent/Des Moines, S. 272°d St., and the Federal Way Transit Center. Sound Transit is a regional transit authority created pursuant to chapters 81.104 and 81.112 of the Revised Code of Washington (RCW). Regional transit authorities are empowered to finance, construct and operate high- capacity transportation systems within contiguous counties. As authorized by RCW 81.112.030, Sound Transit operates within Snohomish, King, and Pierce Counties. An appointed board of elected officials from within these counties governs Sound Transit as required by RCW 81.112.040. B. Growth Mana cnzent Act and Esscntial Public Facilities An important development for regional transit systems occurred in 1990 with the adoption of the Growth Management Act, chapter 36.70A RCW ("GMA"). The GMA requires cities and counties to adopt effective, state-supervised comprehensive plans and development regulations that assure the appropriate siting of regional essential public facilities. The GMA provides: The comprehensive plan of each county and city . . . shall include a process for identifying -and siting essential public facilities. Essential public facilities include those facilities that are typically difficult to site, such as airports,state education facilities and state or regional transportation facilities as defined in RCW 47.06.140. -- - - RCW3-6—�A.100(l)-(emphasis added) The-deftftition-of"ret;itm iV transportation-€aeifities"-iu--- RCW 47.06.140 specifically includes the high capacity transit system being developed and implemented by Sound Transit. 36 FWLE City of Federal Way EPF Memorandum Page 1 As defined by the Federal Way Revised Code (FWRC) section 19.05.050, the FWLE Project is a Class I "essential public facility" Pursuant to the GMA, the City has a legal duty to accommodate the Transit Center, LRT track alignment and associated infrastructure in its Comprehensive Plan and Development Regulations, and is required to approve it and issue necessary permits. The City may impose reasonable conditions and mitigation measures; however, such conditions and mitigation measures may not effectively preclude the FWLE Project by rendering it impracticable. Specifically, the GMA provides that no local comprehensive plan or development regulation may preclude the siting of essential public facilities. RCW 36.70A.200(2). C. The Environmental Review Process for the FWLE Proiect is Complete Sound Transit is the lead agency for compliance with SEPA. In coordination with the City and other agencies with jurisdiction, Sound Transit has completed the substantive and procedural environmental review for the Project in accordance with SEPA requirements. Sound Transit prepared an Environmental Impact Statement ("EIS") for the FWLE Project under the National Environmental Policy Act (NEPA) and the State Environmental Policy Act(SEPA). The Project's Draft EIS was published in July 2015. The Project's Final EIS was published in November 2016 and can be accessed at https://www.soundtransit.org/Projects-and-Plans/Federal-Way-Link- Extension/Federal-Way-document-archive/federal-way-link. Based on the findings in the Final EIS (FEIS), the Federal Transit Administration issued a Record of Decision in March 2017, which is also available online at https://www.soundtransit.org/sites/default/files/project- documents/FWLE%2520FTA%252ORecord%252OoP'/`252ODecision.pdf. The City has acknowledged Sound Transit's completion of substantive and procedural environmental review in accordance with SEPA requirements in the executed FWLE City Term Sheet and City Services Agreement. These agreements were entered into between the City and Sound Transit as part of the parties' continuing efforts, following completion of environmental review, to advance the FWLE Project into construction. D. The Current Land Use Application As previously mentioned, the FWLE is an essential public facility under the GMA, and the FWRC classifies the FWLE as an essential public facility- Class I use, which is defined as a facility of a county, regional or state-wide nature intended to serve a population base that extends significantly beyond the boundaries of a City. The City has agreed to grant essential public facility land use approval for the project as part of a Development Agreement between Sound Transit and the City, provided the Development Agreement contains such reasonable conditions as necessary to ensure the essential public facility review and siting satisfies the City's land use approval criteria and procedures outlined in FWRC 19.105.020 and Chapter 19.70 FWRC, and the development agreement process has met all applicable procedural requirements. The remainder of this memorandum summarizes how the FWLE Project complies with the siting criteria applicable to an essential public facility. III. The FWLE Project conforms with the City's review criteria for Essential Public Facilities FWRC 19.105.020 sets forth site evaluation criteria to be used in evaluating siting proposals for Class I essential public facilities in the City. The following is a brief summary of the FWRC Site Evaluation Criteria set forth in FWRC 19.105.020. FWLE City of Federal Way EPF Memorandum 37 Page 2 (a) Demonstration of need. Project must establish the need for their proposed facility. Included in the analysis of need should be the projected service population, an inventory of existing and planned comparable facilities, and an assessment of demand for this type of essential public facility. The purpose of the FWLE Project is to expand regional transit service to and from Federal Way, as further outlined in Chapter 1 —Purpose and Need for Federal Way Link Extension of the Project's FEIS, as follows: • Provide a rapid, reliable, accessible, and efficient alternative for travel to and from the corridor and other urban growth and activity centers in the region,with sufficient capacity to meet projected demand; • Expand mobility by improving connections to the regional multimodal transportation system with peak and off?peak service; • Provide the high-capacity transit(HCT) infrastructure and service to support the adopted regional and local land use, transportation, and economic development plans; • Advance Sound Transit's Long-Range Plan vision, goals, and objectives for high- quality regional transit service connecting major activity centers in King, Pierce, and Snohomish counties; and • Implement a financially feasible HCT system to help preserve and promote a healthy environment. The Project's FEIS documents the need for the FWLE Project (Chapter 1 —Purpose and Need) in order to serve the projected service population and to address current gaps based on a lack of comparable facilities was established as follows: • Increasing congestion on I-5 and on the key arterials leading in and out of the study area will further degrade existing transit performance and reliability. • North-South transit demand is expected to grow by up to 80 percent by 2035 as a result of residential and employment growth in the FWLE corridor. This growth will require additional and more reliable transportation options than currently exist. • People in the FWLE corridor need reliable and efficient peak and off-peak transit service to connect with the region's growth centers. The corridor has a high concentration of transit-dependent populations who need efficient and reliable regional transit connectivity. • Regional and local plans call for HCT in the corridor consistent with PSRC's Vision 2040 and Sound Transit's Long-Range Plan. • Environmental and sustainability goals of the state and region include reducing vehicle miles traveled and greenhouse gas emissions. PWicuxcti Service Pot]Lllation, Inventory of Comparable Facilities, Asscssmcnt of Demand The FWLE Project's FEIS, Chapter 3 —Transportation Environment and Consequences, provides a review of the projected service population, an inventory of existing transportation facilities, and an assessment of demand for Project ridership for all alternatives evaluated in the FEIS. Following publication of the FEIS, the Sound Transit's Board passed Motion M 2015-56 in July 2015, identifying the I-5 Alternative with the Kent/Des Moines SR 99 East Station Option as the Preferred Alternative. -__-- Key fitidingsom-this--evaluation are extracted_1rom the FEIS.and included below- Note-tl�ata-- -_ ----_-- _ screenline is defined in Appendix A4—Acronyms and Glossary of the FEIS as "an imaginary line across a section of freeway or arterials. Screenlines are often used in traffic analyses to determine how much volume is entering a particular area." 38 FWLE City of Federal Way EPF Memorandum Page 3 Transportation Element Key Findings Regional • All build alternatives would reduce regional vehicle miles traveled (VMT)by 160,000 miles per day Facilities and vehicle hours traveled(VHT)by 10,000 hours per day compared with the No Build Alternative. and Travel • All build alternatives would slightly reduce screenline traffic volumes and volume-to-capacity(v/c) ratios compared with the No Build Alternative. • All build alternatives would increase person and transit trips through the corridor. Arterials • Among the full-length alternatives,the S 272nd Star Lake and S 272nd Redondo stations would add and Local the most park-and-ride spaces(up to 700).Under interim terminus conditions,the Kent/Des Moines Streets Station would add up to 1,000 parking spaces. Operations Stations with park-and-rides would add between 360 trips(PM peak hour at the Kent/Des Moines Station)and 700 trips,(PM peak hour with the S 272nd Redondo Station interim terminus condition). + Property access and circulation impacts would be minimal because the FWLE would not conflict with roadway operations. In places,additional access roads and traffic control would enhance circulation. • All full-length FWLE alternatives would contribute to a below standard level of service(LOS)at 9 of the 63 intersections evaluated.Proposed mitigation would make all of these locations perform similar to or better than the No Build Alternative. • The interim conditions would affect the same intersections as the full-length alternatives near the FWLE stations that are constructed.The S 272nd Redondo Station interim terminus would affect one additional intersection. Transit • Up to 39,500 daily transit riders would use the FWLE. Operations All build alternatives would improve transit service hours,frequency,and passenger load. • All build alternatives would be more reliable than the current bus system because they would operate in an exclusive right-of-way. • All build alternatives would have travel time comparable to bus service between downtown Seattle and the Federal Way Transit Center and would be noticeably faster between Federal Way Transit Center and all regional destinations north and east of Seattle. • The proposed stations would accommodate connections with non-motorized,transit transfer,and automobile access trips. Safety • The FWLE would shift up to 9,000 people per day from driving or taking another non-transit mode to transit and reduce VMT in the region by up to 160,000.This would create a safety benefit because less vehicles would be expected to result in fewer crashes. • All build alternatives would have minimal safety effects because they would operate in an exclusive guideway. • All build alternatives would increase vehicle and non-motorized activity around the station areas, increasing potential conflicts. • All build alternatives and options,with the exception of the Landfill Median Alignment Option,would maintain the southbound 1-5 clear zone and would not require the addition of outside guardrail.The Preferred Alternative would not have any quantifiable impact on the safety of the 1-5 mainline.The Landfill Median Alignment Option would add guardrail along the southbound outside shoulder,which could result in up to one more crash per year. All build alternatives would cause additional traffic volumes that could result in up to two crashes per year at each of the three 1-5 interchanges within the study area(Kent-Des Moines Road,S 272nd Street,and S 320th Street). 39 FWLE City of Federal Way EPF Memorandum Page 4 Parking . The Preferred Alternative and the 1-5 to SR 99 Alternative would remove up to 20 public parking spaces near S 212th Street. • All build alternatives would remove 170 to 470 parking stalls on private properties.Individual station and alignment options could remove up to 580 more stalls. • The project's 1,600-stall park-and-ride capacity would accommodate the forecasted parking demand. Hide-and-ride could occur at some stations,most likely at the potential additional S 216th East Station Option due to available on-street parking nearby. • Highline College students might use the nearby Kent/Des Moines Station park-and-ride.A parking management program at this location would maximize the capacity for transit riders. Non-motorized • 1-5 would be a major barrier to walking and biking that would deter some non-motorized trips from Facilities accessing most stations.SR 99,S 272nd Street,and S 320th Street are also barriers,with high traffic volumes and vehicle speeds and long pedestrian crossings,all of which would discourage pedestrians and bicyclists from accessing stations near them. • The Federal Way 5 320th Park-and-Ride Station Option would have the most pedestrian activity during the PM peak hour(1,840 persons)among the full-length alternatives.The potential additional S 260th Street station options would have the least pedestrian activity(about 250 persons).Under the interim terminus condition, 1,900 pedestrians would use the Kent/Des Moines Station during the PM peak hour. • The most pedestrian/bicycle activity to and from the station would be at the Kent/Des Moines Station,the potential additional S 216th(West or East)Station,and potential additional S 260th (West or East)Station. • Pedestrian LOS would degrade where pedestrians would need to cross the street to reach park-and- ride facilities or transit stops,compared with station locations where transit users would not need to cross a street to access the station.However,the LOS would generally be acceptable with all FWLE alternatives. Freight Mobility • Freight mobility and access would improve under the No Build and Build Alternatives compared with and Access existing conditions because the SR 509 and SR 167 extension projects will create new regional highway connections to 1-5.All the build alternatives would operate in an exclusive guideway,so their effects on freight would be minimal and similar to their impacts on automobiles. • Freight movements would benefit at some locations from project improvements and/or mitigation. (b) Relationship of service area to population. The facility should service a share of Federal Way's population within the city. The proposed site should also be in a location that reasonably serves its over-all service area population. The FWLE Project will accommodate several transit markets —peak-period commuter, all-day regional, and all-day local riders. Each of these markets will grow in terms of demand and service. The FEIS documents the extensive process of stakeholder and public involvement that led to the development of alternative site locations that occurred as part of developing the FALE Project(Chapter 2 –Alternatives Considered). Sound Transit's Board passed Motion M 2015-56 in July 2015, identifying the I-5 Alternative with the Kent/Des Moines SR 99 East Station Option as the PrefeiTed Alternative. When it identified the Preferred Alternative, the Board directed Sound Transit staff to work with stakeholders to develop and evaluate potential improvements to it in three areas. These included: • Optimize the location of the Preferred Kent/Des Moines Station to facilitate access to Highline College and enhance future transit oriented development (TOD)potential in the Midway area of Kent and Des Moines. • Identify ways to improve the potential for TOD all along the corridor, such as through 40 FWLE City of Federal Way EPF Memorandum Page 5 better east-west transit connections to stations,pedestrian and bike access improvements, and placemaking initiatives and development opportunities. • Modify the preferred Federal Way Transit Center Station to facilitate multimodal connections to the existing Federal Way Transit Center, enhance TOD potential in the downtown area, and accommodate a future light rail extension to the south on either I-5 or SR 99. Minimum site requirements. Project sponsors shall submit documentation showing the (c) minimum site requirement needs for the facility. Site requirements may be determined by any or all of the following parameters: minimum size of the facility, access, necessary on- site support facilities, topography, and soils and mitigation requirements. The sponsor shall also identify any future facility expansions of the facility. For an essential public facility project such as the FWLE Project,which is a transportation public works project, site requirements are generally driven by transportation engineering factors. The FWLE Project's FEIS documents the site requirements for the Project, most specifically with a discussion in Chapter 3 Transportation Environment and Consequences, of access and other on- site support facilities (see Section 3.2 -Transportation Elements and Study Area and Sections 3.5.1 -Regional Facilities and Travel, 3.5.2 -Transit Service and Operations, 3.5.3 -Arterial and Local Street Operations, 3.5.4 -Safety, 3.5.5 Parking, 3.5.6-Non-motorized Facilities, and 3.5.7- Freight Mobility and Access). A discussion of topography and soils is found in Chapter 4- Geology and Soils of the FEIS. The FWLE Project was defined in the Project's FEIS and Record of Decision as being sited to include extending south from the Angle Lake Station in the City of SeaTac, crossing SR 99 in an elevated profile along the south edge of the future SR 509 alignment to I-5. It will then continue south along the west side of I-5, crossing under S. 216`h Street in a trench, and crossing over Kent/Des Moines Road in an elevated profile. In the Kent/Des Moines Station area, it will transition west to be close to Highline College with an elevated station along the west side of 30th Avenue S. The Kent/Des Moines Station will include bus transfer and layover facilities, a parking structure with approximately 500 stalls, and non-motorized access improvements, including a new 236th Street connection to Highline College. The route will then continue south along the west side of 1-5, generally at-grade, and will cross over S. 260th Street in an elevated profile. It will transition to an elevated profile at the S. 272nd St. Station in the City of Kent. The S. 272 St. Station will include bus transfer and layover facilities and approximately 1,200 parking stalls. The route will cross S. 272nd Street in an elevated profile. South of S. 272nd, the route will continue along the west side of 1-5, generally at-grade. It will cross over Military Road S. and S. 288th Street in an elevated profile and then turn west and cross over S. 317th Street. It will terminate at an elevated station at the Federal Way Transit Center in the City of Federal Way. The station, on the west side of 23`d Avenue S. and north of S. 320th Street,will retain the existing 1,190-stall parking garage, and will reconfigure the existing bus transit center, adding an additional 400 parking stalls. Elevated tail tracks from the station platform will extend over S. 320`h Street. Sound Transit does have plans,as approved by the region's voters in-November 2016, to extend the FWLE Project, with a project being developed separately and known as the Tacoma Dome Link Extension(TDLE)Project, which will extend the Link light rail system south from Federal Way to 41 FWLE City of Federal Way EPF Memorandum Page 6 the City of Tacoma, including four new LRT stations, one planned for south Federal Way. Sound Transit's plans for system expansion are documented in their ST3 plan, which is available online at http://soundtransit3.org/. (d) Alternative site selection. The sponsor shall document whether any alternative sites have been identified that meet the minimum site requirements of the facility. Where a proposal involves expansion of an existing site,the documentation should indicate why relocation of the facility to another site would be infeasible. As documented in the FWLE Project's NEPA and SEPA record,numerous alternatives were evaluated as part of the process of selecting the Preferred Alternative for construction. The FWLE study corridor was generally bounded by SR 99 to the west, I-5 to the east, S. 200th Street to the north, and S. 320`h Street to the south. Alternatives outside this area were not considered because they would not meet the Project's purpose and need. The FWLE alternatives generally followed two corridors, SR 99 and I-5,between SeaTac and Federal Way. Sound Transit developed the alternatives through an early scoping and Alternatives Analysis process during 2012 and 2013 that included public and agency input. Following the public scoping period,the Sound Transit Board reviewed comments received and approved Motion 2013-77, which directed Sound Transit staff to study four alternatives in the Draft EIS. It also called for potential design options on SR 99 and I-5, and established baseline stations at Kent/Des Moines, S. 272nd Street, and the Federal Way Transit Center. During development of the Draft EIS, Sound Transit continued to coordinate with agencies and local jurisdictions to refine the conceptual design of these alternatives for evaluation in the Draft EIS. After considering the Draft EIS and the public and agency comments received, the Sound Transit Board passed Motion M2015-56 in July 2015;identifying the I-5 Alternative with the Kent/Des Moines SR 99 East Station Option as the Preferred Alternative for evaluation in the Project's FEIS. The evaluation of alternatives used to select the Preferred Alternative was discussed in Chapter 8 of the Project's FEIS. The first critical factor evaluated was how the FWLE would meet the six need statements identified for the Project(and summarized in this memorandum under the response to section(a)). All Build Alternatives evaluated in the FEIS met the six need statements; the No Build Alternative did not meet the purpose and need for the Project. The Build Alternatives identified in the Project's Final EIS were also evaluated(FWLE Final EIS, Chapter 8—Alternatives Evaluation)to focus on trade-offs among the alternatives in meeting purpose and need. Three key performance factors were evaluated for each build alternative (cost, travel time, and projected ridership). There were no substantial differences between build alternatives in terms of travel time and ridership. Costs varied more widely, with the Preferred Alternative being the least expensive and the SR 99 Alternative being the most expensive. Based on refinements to the Preferred Kent/Des Moines Station following publication of the Draft EIS,the TOD potential was also similar for all alternatives and did not differentiate them. Key impacts and resource area impacts were evaluated as well for all build alternatives. The following summary was extracted from Chapter 8—Alternatives Evaluation of the Project's Final EIS. 42 FWLE City of Federal Way EPF Memorandum Page 7 How EIS Measure Key Impacts Read oAftemativesComparison Units ►. Preferred Units �SR 99 to I-S Units SR 99 Units r 1-5 to SR 99 Residential Displacements Displacements for the Preferred, SR 99 to 1-5 and 1-5 to SR 99 196 would occur mostly north of Kent-Des Moines Road and in 36 the Kent/Des Moines Station area. 108 SR 99 Alternative displacements would mostly occur in the 203 Kent/Des Moines Station area. Preferred Alternative displacements would occur in the Business Displacements Kent/Des Moines Station area and the Federal Way Transit Center Station area. 42 11111111M SR 99 displacements would occur along the entire corridor, 101 NK but would mostly be at station areas. 46 SR 99 to 1-5 Alternative would avoid many of the business 96 displacements associated with the SR 99 Alternative by being primarily in the 1-5 right-of-way south of Kent-Des Moines Road. Residences with Reduced 1-5 to SR 99 Alternative would have most residences with reduced Visual Quality visual quality due to housing density along 1-5 north of Kent-Des 290 Moines Road and south of S 24oth Street. 260 Reduced visual quality along the 1-5 corridor would be primarily caused by removal of vegetation to the east. i75 Reduced visual quality along the SR 99 corridor would be primarily 375 caused by the elevated guideway in the SR 99 median. Noise Impacts Preferred Alternative would have the fewest noise impacts due to the lower density of housing along 1-S and a mixed profile that includes at-grade and trenched portions. 647 SR 99 Alternative would have the most noise impacts due to the 2,266 greater density of housing along SR 99 and an entirely elevated 1,200 guideway. 1,860 All noise impacts would be mitigated. Most would be mitigated with sound walls,although some would require residential insulation. Vibration Impacts SR 99 to 1-5 Alternative would have the most vibration impacts because its alignment is close to residences and includes at-grade and 193 trenched portions. SO '- SR 99 would have the fewest vibration impacts due the 209 greater distance from residences and an entirely elevated guideway. 45 ils All vibration impacts would be mitigated at the source(at the rails). Upland Habitat Impacts Preferred Alternative would remove the most upland habitat because 35 Acres it would be located primarily in the undeveloped,forested 1-5 3 Acres right-of-way south of S 24oth Street. 22 Acres SR 99 Alternative would remove the Least upland-habitatbecause-tt would be located primarily in the heavily developed SR 99 corridor 4 Acres ` that contains minimial vegetation. 43 FWLE City of Federal Way EPF Memorandum Page 8 How EIS Measure Preferred Alternative Options Read Option - _t.. + Decrease Increase No Change Performance Measures Units/Acres(Range) Cost Travel Time Ridership TOD Option Area (Millions) (Minutes) (Daily FWLE Boardings) Potential w Kent/Des Moines -110 t20 ( sw Lower Landfiii 10 S 272nd Star Lake 30 S 317th -2 Federal Way City Center -40 +130 I 2500 i Lower I NIC The Kent/Des Moines At-Grade Station Option would have the greatest cost savings. The Federal Way S 320th Park-and-Ride Station Option would have the greatest cost increase. The Kent/Des Moines Options would decrease ridership due to the closer location to 1-5. The Federal Way 1-5 Station Option would decrease ridership due to the greater distance to the Federal Way Transit Center. The Kent/Des Moines and Federal Way City Center station options would have lower TOD potential. How EIS Measure to I I SR 99 Options Read Option - + -L- Decrease Decrease Increase No Change Performance Measures Units/Acres(Range) Cost Travel Time Ridership TOD Option Area (Millions) (Minutes) (Daily FWLE Boardings) Potential 5 216th +90 i +1 ( +1,000 I Higher Kent/Des Moines -20 ( +20 S 260th I--+90 i+1 +1,000 I Higher S 272nd Redondo -10 Federal Way City Center -60 -.I -1 .1.500 NK WC NIC N/c Adding a station at S 216th or S 260th Street would add up to$90M. Greatest cost savings would be at Federal Way SR 99 Station Option. In Kent/Des Moines area,the SR 99 Median Station would be the most expensive. There would be no change in travel time except with the Federal Way SR 99 Station Option. Additional stations at S 216th and S260th would each increase project boardings by 1,000. The Federal Way SR 99 Station Option would have lower ridership due to its distance from the transit center The S 216th and 5 260th station options would increase TOD potential. 44 FWLE City of Federal Way EPF Memorandum Page 9 Preferred Alternative Haw EIS Measure Options l m acts Read Option - ! + Decrease Increase No Change Unitgkres(Range) Residential Displacements The Kent/Des Moines At-Grade Station Option would Kent/Des Moines -57 •41 Landfill Median Alignment 1,1 have the greatest reduction in residential displacements S 272 Star Lake * The S 32oth Park-and-Ride Station Option would have S 317th Alignment the most additional residential displacements. Federal Way City Center .a9 tLl Business Displacements The Kent/Des Moines 1-5 East Station Option Kent/Des Moines 16 -I would have the greatest increase in business Landfill Median Alignment li displacements. S 272 Star Lake 1° The S 32oth Park-and-Ride Station Option would have S 317th Alignment * the greatest reduction in business displacements. Federal Way City Center 14 :Lt Residences with Reduced None of the options would change visual quality Visual Quality impact. Kent/Des Moines Landfill Median Alignment S 272 Star Lake S 317th Alignment Federal Way City Center �Lc Light Rail Noise Impacts The S 317th Elevated Alignment Option would have the Kent/Des Moines .2 I f14 greatest increase in noise impacts. Landfill Median Alignment '41 The Kent/Des Moines I-5 Station Option would have S 272 Star Lake '64 the greatest reduction in noise impacts. S 317th Alignment -112 Federal Way City Center 3 45 Vibration Impacts la The Kent/Des Moines At-Grade Station Option and 1-5 Kent/Des Moines Station Option would increase impacts. Landfill Median Alignment S 272 Star Lake k All other options would have no changes in impacts. S 317th Alignment Federal Way City Center Hic Upland Habitat Impacts The Landfill Median Alignment Option would Kent/Des Moines .3 have the greatest reduction in upland habitat removed. Landfill Median Alignment ' The Kent/Des Moines I-5 Station Options would have S 272 Star Lake 1 S 317th Alignment an increase In upland habitat remcveri_ Federal Way City Center ,- 45 FWLE City of Federal Way EPF Memorandum Page 10 How EIS Measure S R 99 Options Impacts Read option- In� No Change uaWkms(Rage) Residential Displacements The Kent/Des Moines HC Campus Station Option from S 216th 4 Kent/Des Moines Alt the S 226th West Station Option would have the greatest increase in residential displacements. S26 0th { The S 226th fast Station Option would add residential S 272nd h displacements but the S 216th West Station Option Federal Way City Center would not. we Business Displacements The potential additional stations at S 26oth Street would S 216th - 9 have the greatest increase in business displacements. Kent/Des Moines 4--• 14 Different businesses would be impacted by the 5 272nd S 26 0th ,a Redondo Trench Station Option, but the total number S 272nd . a , would not change. Federal Way City Center -13 Federal Way SR 99 Station Option would have the WC greatest decrease in business displacements, Residences with Reduced The 5 216th West Station Option would avoid visual Visual Quality impacts to residence north of S 216th Street by being S 216th .1 in a trench. Kent/Des Moines i The Kent/Des Moines HC Campus Station Option would S 26 0th be the only option to increase visual impacts at the S 272nd I Kent/Des Moines Station, Federal Way City Center S 272nd Redondo Trench Station Option would have the N,c yreate;t increase in residences with reduced visual duality Light Rall Noise Impacts ()pllorvt trenches would have Hil,greatest reduction in noise impacts. S 216th In the Kent/Des Moines Station Area,the HC Campus Station Kent/Des Moines AO 061 Option and SR 99 Median Station Option would increase impacts S 26 0th and the SR 99 East would decrease impacts. S 272nd -439 The Federal Way SR 99 Station Option avoids displacing a hotel,which results in more noise impacts compared to the Federal Way City Center �% SR 99 Alternative. we 1 Vibration Impacts The S 216th West Station Option would have the greatest S 216th -so--�•ib decrease in impacts because it would displace a hotel Kent/Des Moines - • •12 impacted by the SR 94 Alternative. S 26 0th- The S 272nd Redondo Trench Station Option would have S 272nd the greatest increase in impacts due to closer proximity Federal Way City Center to residences. V Upland Habitat Impacts Changes in upland habitat removed for most options S 216th ' would be minimal. Kent/Des Moines ' ri)P S 277nr1 Rr,dnndr:Tranr.h Statipn Cl�stinr.+;•0��ulcl halie S 26 0th ' the greatest increase in upland habitat removed because S 272nd ' it would be primarily undeveloped areas adjacent to SR 99. Federal Way City Center 4 we 46 FWLE City of Federal Way EPF Memorandum Page 11 (e) Concentration of essential public facilities. In considering a proposal, the city shall examine the overall concentration of these facilities within the city to avoid placing undue burden on any one neighborhood. Documented in Chapter 1 of the Project's FEIS (Purpose and Need) is the fact that no public facility currently exists in the City of Federal Way serving the need for a rapid, reliable, accessible, and efficient transportation alternative to meet anticipated regional growth. An evaluation of potential cumulative impacts of the Project was completed and published as Chapter 6 of the Project's FEIS. This evaluation looked at past and ongoing development trends, reasonably foreseeable future actions, and whether the FWLE Project would contribute to cumulative impacts. The results of the analysis concluded that no undue burden would be placed on any neighborhood in Federal Way(FWLE Final EIS —Section 6.5.5.). (f) Public participation. Sponsors shall conduct local outreach efforts with early notification to prospective neighbors to inform them about the project and to engage local residents in site planning and mitigation design prior to the initiation of formal hearings. Sound Transit held public meetings with residents, neighborhood groups, individual businesses and business groups in the City of Federal Way throughout the Project's development to inform them about the Project and solicit input on planning efforts. Sound Transit conducted stakeholder workshops for each station from fall 2015 to spring 2016. These workshops gained consensus on station locations and identified access improvements to be included in the project or developed by others. Sound Transit also met with the City of Federal Way and King County Metro in September and October 2015 to optimize the location of the Preferred Federal Way Transit Center Station. Most recently, in 2017, eleven meetings were hosted with individual residents and neighborhood groups along the segment of the alignment located in Federal Way. ST hosted ten meetings with Federal Way businesses and the Federal Way Chamber of Commerce located along the alignment. In addition, ST participated in three community events held in the summer of 2017, as well as inviting Federal Way residents and businesses to a station area "look and feel" community workshop at the Federal Way Community Center in September 2017. During this same period, ST engaged stakeholders through local media to the community to participate in an online station area "look and feel" survey. Approximately 800 Federal Way residents and businesses participated. The results of the survey are included in the Contract Request for Proposals for the Design Builder to inform the final FWLE design. (g) Proposed impact mitigation. The proposal must include adequate and appropriate mitigation measures for the impacted area and neighborhood. Mitigation measures may include, but are not limited to,natural features that may serve as buffers, other site design elements used in the development plan, and/or operational or other programmatic measures contained in the proposal. The proposed measures should be adequate to substantially reduce or compensate for anticipated adverse impacts on the local environment. Project mitigation commitments were published for public and agency review in the Project's Final EIS and were included in the NEPA Record of Decision as Appendix B—Mitigation Plan FWLE City of Federal Way EPF Memorandum 47 Page 12 The excerpt that follows is taken from Exhibit B of the Record of Decision describes Sound Transit's mitigation commitments that will be implemented to avoid or minimize the project's impacts identified in the FEIS. Sound Transit will regularly report to the Federal Transit Agency(FTA) on the progress of incorporating and implementing Project mitigation measures as a condition of being eligible for and receiving federal funds to construct the Project. Furthermore, Sound Transit and the City intend to execute a Development Agreement for the FWLE Project that will more specifically outline commitments for designing and constructing the Project in such a way to be consistent with City code requirements and development objectives. FWLE City of Federal Way EPF Memorandum 48 Page 13 EXHIBIT E CHAPTER 19.05.050 FWRC, DEFINITIONS, ESSENTIAL PUBLIC FACILITY "Essential public facility"is any facility or conveyance that: (1)Is typically difficult to site due to unusual site requirements and/or significant public opposition; (2)Is a necessary component of a system,network or program which provides a public service or good; (3)Is owned or operated by a unit of local or state government,a private or nonprofit organization under contract with a unit of government or receiving government funding,or private firms subject to a public service obligation; and (4)Meets the following definitions of either a Class I or a Class II essential public facility: (a)Class I facilities are those facilities of a county,regional or state-wide nature intended to serve a population base that extends significantly beyond the boundaries of the city.Class I facilities may include several local jurisdictions or a significant share of the Puget Sound regional population and may include,but are not limited to, the following: (i) State or regional education facilities(except minor branch facilities),including: research facilities, university branch campuses,and community colleges; (ii)State or regional transportation facilities,including:light and/or standard rail lines,commuter terminals, transit centers,and park-and-ride lots in residential zones; (iii)State or regional correctional,facilities; (iv)Solid waste handling facilities(large scale),including:transfer stations and recycling centers; (v)Sewage treatment plants; (vi)Power plants; (b)Class II facilities are those facilities of a local nature intended to meet the service needs of the local community. CIass II facilities are typically characterized by providing some type of in-patient care,assistance,or monitoring and may include,but are not limited to,the following: (i)Substance abuse facilities; (ii)Mental health facilities; (iii)Group homes/special needs housing; (iv)Local schools, including: elementary schools,middle schools,and high schools; (v)Social service transitional housing,including: domestic violence shelters,homeless shelters,and work- release. Retrieved from Code Publishing April 2019 49 EXHIBIT F CHAPTER 19.105.020 FWRC, ESSENTIAL PUBLIC FACILITIES (SITE EVALUATION CRITERIA) (1)Generally. The review and siting of essential public facilities shall conform to the following: (a)Class I facilities shall be reviewed under process IV,hearing examiner decision.Project review shall also include those special provisions outlined in subsection(2)of this section. (b)Class H facilities shall be reviewed under the zoning provisions and processes found in their respective zoning districts,unless they are found to be exempt under the Federal Fair Housing Act, in which case such exemption does not imply an exemption from applicable building or structural standards. (2)Site evaluation criteria.The following criteria will be utilized in evaluating siting proposals made by sponsoring agencies or organizations seeking to site Class I essential public facility in Federal Way.These criteria encompass an evaluation of regional and/or local need and local site suitability for the proposed facility.Findings concerning the proposal's conformance with each criteria shall be included in the documentation of any city decision relative to the project. (a)Demonstration of need.Project must establish the need for their proposed facility.Included in the analysis of need should be the projected service population,an inventory of existing and planned comparable facilities,and an assessment of demand for this type of essential public facility. (b)Relationship of service area to population. The facility should service a share of Federal Way's population within the city.The proposed site should also be in a location that reasonably serves its over-all service area population. (c)Minimum site requirements.Project sponsors shall submit documentation showing the minimum site requirement needs for the facility. Site requirements may be determined by any or all of the following parameters: Minimum size of the facility,access,necessary on-site support facilities,topography,geology and soils and mitigation requirements. The sponsor shall also identify any future expansions of the facility. (d)Alternative site selection.The sponsor shall document whether any alternative site have been identified that meet the minimum site requirements of the facility.Where a proposal involves expansion of an existing site,the documentation should indicate why relocation of the facility to another site would be infeasible. (e)Concentration of essential public facilities. In considering a proposal,the city shall examine the overall concentration of these facilities within the city to avoid placing undue burden on any one neighborhood. 50 (f)Public participation. Sponsors shall conduct local out reach efforts with early notification to prospective neighbors to inform them about the project and to engage local residents in site planning and mitigation design prior to the initiation of formal hearings. (g)Proposed impact mitigation. The proposal must include adequate and appropriate mitigation measures for the impacted area and neighborhood.Mitigation measures may include,but are not limited to,natural features that may serve as buffers,other site design elements used in the development plan,and/or operational or other programmatic measures contained in the proposal.The proposed measures should be adequate to substantially reduce or compensate for anticipated adverse impacts on the local environment. Retrieved from Code Publishing April 2019 51 EXHIBIT G FEDERAL WAY LINK EXTENSION PROJECT MILESTONES Project Milestone Date • Sound Transit 2(ST2)voter approved Nov-08 • FWLE Alternatives Development, Draft and Final EIS with 2012-2016 preliminary engineering • Sound Transit 3 (ST3)voter approved Nov-16 • Interstate S alignment selected by Sound Transit Board Jan-17 • Federal Transit Administration and Federal Highway Mar-17 Administration Record of Decision • Final Sound Transit engineering and project requirements for 2017-2018 Design-Build Contractor procurement • RFQ and RFP for Design-build Contractor procurement 2018 • Begin Project construction Late 2019 -Early 2020 • Heavy Civil and Systems Construction 2020-2023 • Begin revenue service 2024 52 EXHIBIT H FEDERAL WAY COMPREHENSIVE PLAN (FWCP, 2015) SUPPORTING GOALS AND POLICIES The subject Development Agreement and Essential Public Facility siting are consistent with, and substantially implement,the following FWCP goals and policies: CCG8: Develop land use patterns that will encourage less dependency on single occupant automobile. CCG9: Provide a balanced transportation network that accommodates public transportation, high occupancy vehicles,pedestrians,bicyclists, automobiles and integrated parking. CCG11: Create policies and regulations to encourage more efficient use of parking facilities and to foster new, innovative, and creative parking solutions. CCG13: Improve the flow of vehicular traffic through the City Center and minimize increases in congestion. CCP13: Improve traffic flow around and through the City Center by extending the street network, creating smaller blocks, and completing the ring road along the west edge of the City Center. CCP14: Reduce congestion by supporting the Commute Trip Reduction Act. Develop commuting alternatives to single occupancy vehicles, including transit,walking, and bicycling. CCP21: Encourage transit use by improving pedestrian and bicycle linkages to the existing and future transit system, and by improving the security and utility of park-and-ride lots and bus stops. CCP24: Continue to improve the pedestrian/bicycle circulation along South 320`x'Street and Pacific Highway South. CCG15: Work with transit providers to develop a detailed HCT plan for the City Center. Identify facilities, services, and implementation measures needed to make transit a viable and attractive travel mode. Tailor the plan to meet local needs through rapid transit, express buses, and/or demand-responsive service. CCP25: Continue to focus transportation investments to support transit and pedestrian/bicycle- oriented land use patterns. CCP26: Participate actively in regional efforts to develop an HCT system to serve the City Center. CCP27: Establish the most intensive levels of transit service to the City Center area. 53 CCP28: Integrate any transit system with existing or new road rights-of-way. CCP29 Integrate the high capacity transit system with other transportation modes serving Federal Way and the region. CCP30 Integrate bicycle and pedestrian facilities with, and connect to,high capacity transit facilities during right-of-way acquisition and facility design. CCP33 Encourage public and private parking structures (below or above ground) in lieu of surface parking. As redevelopment occurs and surface parking becomes increasingly constrained, consider a public/private partnership to develop structured parking in the downtown commercial area. CCP44 Continue to acquire right-of-way,primarily through dedication from development,to complete and enhance the street network. 54 EXHIBIT I PUBLIC COMMENT [TO INSERT] 55 ORDINANCE NO. 19- AN ORDINANCE of the City of Federal Way, Washington, approving the Federal Way Link Extension Project Development Agreement between the City of Federal Way and Sound Transit. WHEREAS, The City of Federal Way ("City") is a non-charter optional municipal code city incorporated under the laws of the State of Washington, with authority to enact laws and enter into development and right-of-way agreements to promote the health, safety, and welfare of its citizens; and 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; 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 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 Ordinance-No. 19= Page 1 of 7 Rev 2/19 56 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, 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 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 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, Sound Transit has adopted real property acquisition and relocation procedures and guidelines that comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (PL 90-646, 84 Stat. 1894), as amended by the Uniform Relocation Act Amendments of 1987 (PL 100-17, 101 Stat. 246-256) and as implemented by the United States Department of Transportation (49 CFR 24), all of which Ordinance No. 79- Page 2 of 7 Rev 2/19 57 establish a uniform policy for the expedient and consistent treatment of owners subjected to land acquisition practices and provide for the fair and equitable treatment of persons displaced as a result of public works programs or projects of a local public body, and pursuant to these policies and its statutory authority, Sound Transit has acquired or will acquire such real property interests as are necessary to construct, maintain, and operate the Project; and WHEREAS, Sound Transit and the City have signed a Term Sheet related to the Federal Way Link Extension Project dated January 31, 2017, intended to address and document progress toward goals identified by the Sound Transit Board in Motion M2015-56, which directed Sound Transit staff to work with local jurisdictions in the corridor to identify and obtain commitments for permitting processes that would provide certainty and predictability for the Project, such as use of completed Sound Transit Environmental documents and FTA mitigation requirements, establishing a consolidated permit process, amending and resolving technical code requirements that are impractical or infeasible, supporting and accommodating the light rail system in land use plans and development regulations, and allowing for extended vesting or duration of land use approvals; and WHEREAS, Sound Transit intends to deliver the Project as a design/build procurement and has been coordinating with the City in preparation for Project Design and Construction; and WHEREAS, in recognition of the multiple development permits and separate review processes, and the continuing potential for conflict, overlap, and duplication between such processes, the City and Sound Transit desire to consolidate permit and environmental review processes in a Development Agreement ("Agreement") for the benefit of both parties and the Ordinance No. 19- Page 3 of 7 Rev 2/19 58 public pursuant to the development agreement authority provided in RCW 36.70B.170—.210 and FWRC 19.85.020; and WHEREAS, the Agreement outlines roles, responsibilities, cooperation, project elements, design standards, code requirements, code modifications, permitting framework, design review approach, and construction inspection for the Project; and WHEREAS, any Federal Way Comprehensive Plan goals and policies, development regulations and development standards amended after the execution of the Agreement shall apply to the Sound Transit surplus property and the development standards; and WHEREAS, impact fees or expedited permitting timelines expressly provided in the Agreement for the Project shall not apply to the future development of any Sound Transit surplus property; and WHEREAS, the Land Use & Transportation Committee of the Federal Way City Council considered the Agreement on May 6, 2019, and forwarded a recommendation of approval to City Council; and WHEREAS, a properly noticed public hearing was held on May 21, 2019, for the purpose of obtaining input from interested parties. WHEREAS, this ordinance of the Federal Way City Council approves the siting of an essential public facility for high capacity transit and the Agreement between the City and Sound Transit relating to the development of Sound Transit's Federal Way Link Extension Project. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Ordinance No. 19- Page 4 of 7 Rev 2/19 59 Section 1. I`Hicliiw)s and Conclusions. The City Council of Federal way makes the following findings of fact and conclusions with respect to the proposed Agreement, attached as Exhibit A. (a) The recitals listed above are adopted as findings of fact and conclusions. (b) The City Council adopts the facts and conclusions contained in the staff report, which is incorporated by this reference. (c) The-proposed Agreement is compatible with and has no negative impact upon adjacent land uses, as detailed in the staff report and formal state and federal environmental review processes adopting the FTA and FHWA Records of Decision mitigation plans approved March 6, 2017 and March 9, 2017 concluding the NEPA process. (d) The proposed Agreement maintains adequate facilities including utilities, roads, public transportation, parks, recreation, and school in order to mitigate impacts of the development, as detailed in the staff report and Agreement. (e) The proposed Agreement does not have any detrimental effect on any aspect to the City's Comprehensive Plan as the essential public facility siting review and approval shall implement the Comprehensive Plan's long range planning goals and policies for high-capacity transit and transit-orientated development in the City Center, as detailed in the staff report. (f) The Agreement is consistent with, and substantially implements, Federal Way Comprehensive Plan goals and policies, as detailed in the staff report. Or&nance N-0: 11- Page S of 7 Rev 2/19 60 (g) The Agreement contains multiple conditions and restrictions, which are incorporated by this reference. Section 2. Council Approval. The City Council approves the Development Agreement with Sound Transit, attached as Exhibit A to this ordinance, and authorizes the Mayor to execute the agreement. Section 3. SeveraNlitN". The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to any other persons or circumstances. Section 4. 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 scrivener/clerical errors, references, ordinance 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 ordinance is hereby ratified and affirmed. Section 6. Effective Date. This ordinance shall be effective five (5) days after passage and publication as provided by law. [Signature page follows] Ordinance No. 19- Page 0 of 7 Rev 2/19 61 PASSED by the City Council of the City of Federal Way this day of 20 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: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: -OP-diRe-MCe No: 19- Mc ge-7 of 7 Rev 2/14 62 ST Final Rev —May 1, 2019 FEDERAL WAY LINK EXTENSION PROJECT DEVELOPMENT AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND SOUND TRANSIT This Development Agreement ("Agreement") is entered into, by and between the CITY OF FEDERAL WAY ("City"), a Washington municipal corporation ("City"), and the CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY("Sound Transit"), a regional transit authority. Under the authority of RCW 36.70B.170-.210 and for and in consideration of the mutual covenants contained herein, the City and Sound Transit do hereby agree as follows regarding the Federal Way Link Extension Project("Project"). RECITALS A. The City is a non-charter optional municipal code city incorporated under the laws of the State of Washington,with authority to enact laws and enter into development and right-of-way agreements to promote the health, safety, and welfare of its citizens. B. Sound Transit is a regional transit authority created pursuant to Chapters 81.104 and 81.112 RCW with all powers necessary to implement a high capacity transit system within its boundaries in King, Pierce, and Snohomish Counties. C. This Agreement is authorized by RCW 36.70B.170-210. In addition, the City has adopted regulations governing development agreements, as set forth in FWRC 19.85.020, and those regulations allow a property owner to apply to the City to enter into a development agreement to address project development standards including, design standards, project phasing, review procedures and standards for implementing decisions,vesting, and other appropriate development requirements. D. The Growth Management Act (Chapter 36.70A RCW) requires that the City plan for and encourage high capacity transit facilities such as the Federal Way Link Extension (RCW 36.70A.020) and accommodate within the City such essential public facilities (RCW 36.70A.200). Likewise,the Growth Management Act grants authority to the City to impose reasonable permitting conditions on the Project. E. In November 2008, central Puget Sound area voters approved an extensive program of transportation projects to be implemented over the 15-year timeframe from 2009-23 known as the Sound Transit 2 ("ST2") Plan. Among other projects identified for implementation, ST2 included the extension of the link light rail transit ("LRT") system from SeaTac to the cities of Kent and Des Moines. In November 2016, voters approved an additional program of transportation projects, known as the Sound Transit 3 ("ST3") plan. The ST3 plan included, among other projects, the extension of the LRT system from its ST2 planned terminus at the Kent/Des Moines Station to the Federal Way Transit Center Station in the City of Federal Way as part of the Federal Way Link Extension Project. F. Sound Transit and the City have signed a Term Sheet related to the Federal Way Link Extension Project dated January 31, 2017, intended to address and document progress toward goals identified by the Sound Transit Board in Motion M2015-56, which directed Sound Transit staff to work with local jurisdictions in the corridor to identify and obtain commitments for permitting GA 0015-18 63 Page 1 ST Final Rev —May 1, 2019 processes that would provide certainty and predictability for the Project, such as use of completed Sound Transit Environmental documents and FTA mitigation requirements, establishing a consolidated permit process, amending and resolving technical code requirements that are impractical or infeasible, supporting and accommodating the light rail system in land use plans and development regulations, and allowing for extended vesting or duration of land use approvals. G. On January 26, 2017, the Sound Transit Board adopted Resolution No. 2017-02,which defined and selected the Federal Way Link Extension alignment, profile, stations, and associated infrastructure to be built between S. 200`"Street and the Federal Way Transit Center. This action also established the project definition for the Project's National Environmental Policy Act ("NEPA") Record of Decision. H. On July 17, 2017,the City and Sound Transit executed a City Services Agreement establishing responsibilities for City participation in Project implementation and the means by which Sound Transit would reimburse the City for costs incurred for design review, permitting, and public right-of-way review and approval services as authorized by the terms of the City Services Agreement. I. 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. In recognition of the multiple development permits and separate review processes, and the continuing potential for conflict, overlap, and duplication between such processes,the City and Sound Transit desire to consolidate permit and environmental review processes for the benefit of both parties and the public pursuant to the development agreement authority provided in RCW 36.708.170- 210 and FWRC 19.85.020. In addition, the City recognizes the public benefits that will accrue to the City and community from development of the property for the Project. J. Sound Transit has completed extensive environmental analysis of the Project in accordance with NEPA and State Environmental Policy Act ("SEPA"). Sound Transit completed the SEPA with the issuance of the Federal Way Link Extension Final Environmental Impact Statement("FEIS") on November 18, 2016. The Federal Transit Administration ("FTA") issued a Record of Decision ("ROD") on March 6, 2017 and the Federal Highway Administration ("FHWA") issued a ROD on March 9, 2017 concluding the NEPA process. K. Sound Transit has adopted real property acquisition and relocation procedures and guidelines that comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (PL 90-646, 84 Stat. 1894), as amended by the Uniform Relocation Act Amendments of 1987 (PL 100-17, 101 Stat. 246-256) and as implemented by the United States Department of Transportation (49 CFR 24), all of which establish a uniform policy for the expedient and consistent treatment of owners subjected to land acquisition practices and provide for the fair and equitable treatment of persons displaced as a result of public works programs or projects of a local public body(hereinafter the "Federal Regulations"). Pursuant to these policies and its statutory authority, Sound Transit has acquired or will acquire such real property interests as are necessary to construct, maintain, and operate the Project. GA 0015-18 64 Page 2 ST Final Rev —May 1, 2019 L. Both Parties recognize the importance of extending the light rail system as part of the comprehensive program of regional transit improvements approved by voters and have mutually concluded that it is feasible to do so by 2024. Both parties will work in a collaborative effort to resolve any issues and risks to ensure that the Federal Way Link Extension Project begins operations by 2024. M. Pursuant to RCW 36,70B.200 and FWRC 19.85.130 and 150, the City held a properly noticed public hearing, and the City Council determined that the proposed Project is generally consistent with the City's development regulations and that any modifications thereto provided by this Agreement are offset by the benefits to be received from the Project;that the proposed Project conforms with the conditions of approval provided in FWRC 19.85.120; and has authorized the City Mayor to enter into this Agreement. NOW THEREFORE, in consideration of mutual promises and covenants herein contained related to the approval of various development permits to Sound Transit to construct, operate, and maintain the Project, the Parties hereto agree to the terms and conditions as follows: 1.0 DEFINITIONS For purposes of this Agreement, the following terms, phrases, words, and their derivations shall have the meaning herein given 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. Reference 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 as amended. 1.1 Agreement. "Agreement" means this Development Agreement approved by appropriate action of the City and 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 Construction Build-Out Period. "Construction Build-Out Period" means the period commencing upon execution of this Agreement and ending ten years thereafter. 1.4 Design-Build Contractor. "Design-Build Contractor" means the entity or entities that will contract with Sound Transit to complete the design of the Project, to obtain all remaining permits for the Project, and to construct the Project, all based upon a design-build procurement method. GA 0015-18 65 Page 3 ST Final Rev —May 1, 2019 1.5 Design Submittal. "Design Submittal" means a set of design documents for the Project that have been or will be submitted to the City for review as the Project moves through various review and approval processes. The different phases of design submittal are: 1.5.A "Preliminary Engineering (PE) Submittal" (30% Design Submittal) means the Design Submittal that was furnished to the City in 2017 prior to Sound Transit initiating a procurement process seeking the services of a Design-Build Contractor. These plans included conceptual design of the alignment. The City has already reviewed and provided written comment on this submittal. 1.5.B "Proposed Changes to the Preliminary Engineering Submittal" means a Design Submittal based on plans prepared as part of Sound Transit's Design-Build Contractor selection process.This submittal will include any design changes to the "Preliminary Engineering (PE)Submittal" initiated by the Design-Build Contractor during procurement and/or initiated by Sound Transit in preparing the RFP.This will be provided to the City for conceptual review. 1.5.0 "60% Design Submittal" means a Design Submittal for a defined segment of the overall project that presents advanced details on items such as route alignment, utilities, and urban design concepts, These elements shall be identified by the Design-Build Contractor at the time of submittal. 60% plans will also include basic concepts for other project elements that will be addressed in future submittals.This will also include the incorporation of the identified resolution to the city review comments received on the "Preliminary Engineering(PE)Submittal." 1.S.D "90% Design Submittal" means a Design Submittal reflecting advanced design for a defined segment of the overall Project,so that all reviewers can comment on specific details, as well as the overall scope of the Project prior to submittal of the Permit Submittal (100% Design). Items missing from this submittal should be minor and documented for reviewers. 1.6 Issued for Construction. "Issued for Construction" means a complete set of construction plans, drawings, and specifications that incorporate corrections to the Permit Submittal required by the City for use by the Design-Build Contractor to construct the project. 1.7 Over-the-Shoulder Review. "Over-the-Shoulder Review" means the informal and ongoing review of evolving design concepts and plans developed during the Project construction phase. 1.8 Parties. "Parties" means the City of Federal Way and the Central Puget Sound Regional Transit Authority. 1.9 Permit Submittal (100% Design). "Permit Submittal" means a Design Submittal illustrating detailed plans for all work proposed in the permit application.This may include utility relocation improvements, new traffic signaling plans, grading and landscaping plans, and all work to be completed as part of the Project. 1.10 Project. "Project" or"Federal Way Link Extension (FWLE) Project" means the light rail system as described and depicted in Exhibit A, attached and incorporated herein, and as approved by the City pursuant to the approvals described in this Agreement. GA 0015-18 66 Page 4 ST Final Rev —May 1, 2019 1.11 Project Requirements. "Project Requirements" means the requirements included within documents provided at the time of the Project's RFQ/RFP that must be met by the Project's Design-Build Contractor, and specify the capabilities, features or attributes, etc. of the Project's deliverables as it relates to completing the Project and its objectives. 1.12 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. 2.0 COOPERATION AND GOOD FAITH EFFORTS 2.1 Cooperation.The Parties understand and agree that the activities described in this Agreement depend upon timely and open communication and cooperation between the Parties. In this regard, communication of issues, changes, or problems that arise with any aspect of the work should occur as early as possible in the process, and not wait for explicit due dates or deadlines. Each Party agrees to work cooperatively and in good faith toward resolution of any such issues. 2.2 Future Agreements.The Parties acknowledge that this Agreement may contemplate the execution and delivery of a number of future documents, instruments, and permits, the final form and contents of which are not presently determined. The Parties agree to work in good faith to develop the final form and contents of such documents, instruments, and permits, and to execute and deliver the same promptly. 2.3 Timely Review.The City will provide timely review by both dedicated and regular City staff of all permit applications necessary to complete the Project, subject to the City's applicable processes and regulations. This includes Sound Transit's payment of applicable permit fees and reimbursement for City staff time as consistent with the executed City Services Agreement for the Project. 2.4 Impact on Businesses and Developments. Sound Transit will exercise its reasonable best efforts, further described in Sections 10.1, 10.2, and 10.3, to minimize impacts of construction activities upon current and future business operations and pending development opportunities in the Project area. 3.0 PROJECT LOCATION AND ELEMENTS 3.1 FWLE Project.As described in the Project's FEIS, the purpose of the Project is to expand the Sound Transit Link light rail system from the City of SeaTac to the King County cities of Des Moines, Kent, and Federal Way in order to provide a rapid, reliable, accessible, and efficient alternative for travel to and from the corridor and other urban growth and activity centers in the region. When constructed, the Project will provide a connection south from the existing Angle Lake Station crossing to the east in a manner that allows for the future construction of the SR 509 Extension Project by WSDOT. It will proceed generally within 1-5 right-of-way to the Project's terminus in the City of Federal Way. Three new LRT stations will be constructed as part GA 0015-18 67 Page 5 ST Final Rev —May 1, 2019 of the Project with associated improvements for parking, pedestrian, bicycle, bus, and other access improvements. 3.2 Roadway Improvements. In the City of Federal Way,the FWLE Project will construct roadway improvements associated with the Federal Way Transit Center Station improvements. Roadway improvements will be designed to accommodate anticipated roadway usage. Roadway improvements that are anticipated for intensive bus usage will be constructed with concrete vehicular lanes. Roadway improvements not subject to intensive bus use will be constructed with asphalt vehicular lanes. Specific improvements to be included as part of the Project's current scope include: • Reconstruct S 317`"St from the 28th Ave S/S 317th St roundabout to 23rd Ave S with concrete vehicular lanes and bike lanes per Cross Section Type L, including reconstructed sidewalk from 25th PI S to 23rd Ave S. • A new 23rd Ave S at S 317th St roundabout with concrete vehicular lanes as shown in Exhibit B—LOC Right-of-Way Cross Sections and the Pre-Final PE submittal dated July 29, 2016, and further described in Section 8.14. • Rebuild 23rd Ave S from S 320th St to S 317th St with concrete vehicular lanes and the associated stormwater improvements required by code upon completion of required additional environmental review. • Reconstruct sidewalks on the west side of 23rd Ave S from S 320th St to S 317th St to accommodate new driveways and pedestrian lighting. • A new S 317th St roadway connection from 23rd Ave S to 21"Ave S, curb, gutter, sidewalks, storm drainage, illumination, and landscaping. • A new S 22nd Ave S roadway connection from S 317th St to S 3201h St, curb, gutter, sidewalks, storm drainage, illumination, and landscaping. • A new S 318th St roadway connection from 22nd Ave S to 21St Ave S, curb, gutter, sidewalks, storm drainage, illumination, and landscaping. • A new S 319th St roadway connection from 22 d Ave S to 21"Ave S, curb, gutter, sidewalks, storm drainage, illumination, and landscaping. • As described in Section 8.12, other improvements identified to enhance the pedestrian connection between the Federal Way/S 320th St Park and Ride to the new station upon completion of required additional environmental review. Station Facilities. • New Light Rail Station near the existing Federal Way Transit Center with new 400-stall parking garage in addition to the existing garage. The station shall include facilities and maintenance for four(4) single-occupancy unisex public restrooms for transit users at the station pursuant to WA amended 2015 IBC 2902.2 and 2902.3, ICC A117.1-2009, and 15.15.120.E. Restrooms may be all newly provided as part of Project construction or may be additional to the two current restrooms at the Federal Way Transit Center, however,the total provided will not be less than four(4) public restrooms at the station. GA 0015-18 68 Page 6 ST Final Rev —May 1, 2019 4.0 SEPA COMPLIANCE Sound Transit is the lead agency for compliance with SEPA. In coordination with the City and other agencies with jurisdiction, Sound Transit has completed the substantive and procedural environmental review for the Project in accordance with SEPA requirements with the publication of the Federal Way Link Extension Final EIS in November 2016. The environmental review covers the City's issuance of permits for the Project as well as environmental mitigation (See Exhibit C), and the City will use and rely upon the existing environmental documents to satisfy its SEPA responsibilities, consistent with WAC 197-11-600. The foregoing does not limit the City's authority to impose reasonable permit conditions pursuant to its development regulations and is not a substitution for approval of any permits required under City code. 5.0. PROJECT SCHEDULE The City is aware of the Project schedule and the criticality of meeting schedule milestones in order to deliver the Project efficiently and effectively and consistent with expectations of the region's citizens, as expressed in voter-approved ballot measures (ST2 and ST3). Sound Transit will share with the City regular (anticipated to be at least monthly, once Project construction starts) updates to the Project Schedule as it evolves and based on input from Sound Transit's Design-Build Contractor. 6.0 ESSENTIAL PUBLIC FACILITY REQUIREMENTS The Parties agree that the Project is a regional transportation facility that has the status of an essential public facility ("EPF") and that the requirements of RCW 36.70A.200 are applicable. Under Chapter 36.70A RCW,the City may not utilize development regulations to render impracticable Sound Transit's decisions on siting and location of the Project; however, the City may impose reasonable permit and mitigation conditions on the Project. 7.0 PUBLIC SAFETY 7.1 Public Safety Agreement. Prior to the start of revenue service, Sound Transit and the City shall enter into a Public Safety Agreement outlining cooperation between agencies at the Federal Way Transit Center. The agreement shall comprehensively cover public safety along the Transit Way and within the Federal Way Transit Center, including evaluation of a future police substation. 7.2 Safe City Surveillance Cameras. With the goal of interagency cooperation for public safety, Sound Transit and the City shall coordinate and integrate security surveillance efforts in the City of Federal Way. Sound Transit shall provide a private connection to the City to view live video feeds from new, upgraded and future surveillance cameras within Sound Transit's light rail corridor in the City of Federal Way. Optionally,the City may provide, upon request, live video feeds to Sound Transit for new, and upgraded and future City-owned surveillance cameras in Sound Transit's light rail corridor in the City of Federal Way. The City's private connection preference is an age-ncy=owned, dark fiber optic connection. GA 0015-18 69 Page 7 ST Final Rev —May 1, 2019 The agencies will coordinate camera feeds that are shared between the two agencies with the goal that video feeds from surveillance cameras are viewable in both the City's video management system and Sound Transit's video management system. Sound Transit Information Security, IT Network Engineering, and Operations Technology departments shall coordinate with the City's Police and IT Departments to secure the private connection. Cameras shall be appropriately placed in the stations and garages as determined by Sound Transit. Sound Transit shall allow the City's Police Department to place surveillance cameras, purchased and maintained by the City, at appropriate locations in the Federal Way station area, specifically, the station plaza area and on or within the station parking garage and will be clearly marked as belonging to the City. In the event the City identifies opportunities for placement of cameras, they will be subject to Sound Transit review and approval; however the City will be responsible for all cost, including the provision of conduit or other required cable. Sound Transit shall periodically re-evaluate its security infrastructure to maintain an appropriate level of advancement and technology while still allowing the City to remain connected to live camera feeds. 7.3 Police Substation. Sound Transit has identified a future opportunity, which is not included in the Project scope,to transition the operations facility that is included in the Project scope to a police substation that may be used by both Sound Transit and City police officers. In the event that Sound Transit determines the operations facility is no longer needed for operations purposes and decides to re-purpose the facility as a police substation, Sound Transit will notify the City of its intent. Sound Transit will then collaborate with the City to develop a future scope to re- purpose the Operations facility as a police substation, including consideration of how best to accommodate City needs and requirements. The details of any repurposing of the Sound Transit operations facility as a police substation will be determined in the future, including the scope, environmental review and permitting as appropriate,joint operational capabilities, and any potential cost sharing of the endeavor and the outcome will be documented in an appropriate instrument, including in the form of an agreement. 8.0 DEVELOPMENT STANDARDS 8.1 Land Use Approval. Pursuant to RCW 36.70B.170-.210, as amended, as well as Chapter 19,85 FWRC, the City may enter into a development agreement with Sound Transit for the Project. Sound Transit has requested Essential Public Facility(EPF) land use approval for the Project using the development agreement process in accordance with Chapter 19.85 FWRC.The City hereby agrees to combine the requirement for an EPF process IV hearing before the hearing examiner(as outlined in FWRC 19.85.110)with this Agreement because the City Council held a public hearing on this Agreement, this Agreement contains such reasonable conditions as necessary to ensure the EPF review and siting satisfies the City's land use approval criteria and procedures outlined in FWRC 19.105.020 and Chapter 19.70 FWRC, and the development agreement process has met all applicable procedural requirements. Sound Transit's letter documenting EPF site evaluation criteria outlined in FWRC 19.105.020 is included in Exhibit GA 0015-18 70 Page 8 ST Final Rev —May 1, 2019 8.2 Code Modifications.The City is aware of the Project schedule and the criticality of meeting schedule milestones in order to deliver the Project efficiently and effectively and consistent with expectations of the region's citizens, as expressed in voter-approved ballot measures (ST2 and ST3). So long as the Project is developed consistent with appropriate City permit approvals and this Agreement, the public health, interest, and welfare are adequately protected within the bounds of the law. The City is allowing modifications from development regulations because the Project will be providing a benefit to the City of an equal or greater value relative to the standards from which modification is being allowed. The City hereby allows modifications from the following standards: 8.2.A City of Federal Way Development Standards Manual, Section 3.2.14 (Final 2017). The City will grant a modification to Sound Transit from intersection separation guidelines for the proposed S 318th Street and S 319`'Street along 21St Avenue S, which are within the 150 LF separation requirement from the driveways on the west side of 21"Ave S. Sound Transit has identified strategies to meet or exceed the intent of the code by restricting access with c-curbs to minimize turning conflicts or reconfiguring driveways on the west side of 21st Ave S as part of future property development. The final strategy will be determined during Design-Build Contractor final design and in consultation with the City. 8.2.B City of Federal Way Development Standards Manual, Drawing No. 3-13 (Final 2017). The City will grant a modification to Sound Transit from the requirement to provide a 10-foot clear zone from the face of the roadway curb to the columns on the north and south side of the S 317th Street Direct Access roundabout. Sound Transit will meet or exceed the intent of the code by requiring the Design-Build Contractor to design and install a crash barrier meeting WSDOT and City of Federal Way standards. 8.2.0 FWRC Section 11.05.110—Electric Installation, The City will grant a modification to Sound Transit from the requirement to place underground the existing aerial facilities that span 1-5. This modification is being granted because placing a utility of this nature under interstate highway right-of-way is impractical and not in the best interest of the public. 8.2.D FWRC Section 19.120.120—Rockeries and Retaining Walls. The City will grant a clearing and grading modification pursuant to FWRC 19.120.050 to Sound Transit from the requirement that walls shall be a maximum height of six feet as measured from finished grade at base of the wall to top of the wall required by FWRC 19.120.120. The City will grant the modification because it is impractical to apply the standard to those retained fill guideway areas where the wall exceeds six feet and real estate limitations will not allow for terracing. Sound Transit will meet or exceed the intent of the code by providing landscaping as shown in the concurrence letter incorporated herein as Exhibit D, and further described in Section 8.8. 8.2.E FWRC Section 19.115.050, 19.115.090 and 19.225.060—Above Grade Parking Structures. The City will_.grant a modification to Sound Transit for the requirement that above grade parking structures shall include active uses, such as retail, offices or other commercial uses at ground level, In lieu of this requirement, Sound Transit shall comply GA 0015-18 71 Page 9 ST Final Rev —May 1, 2019 with all other FWRC 19.115 Community Design Guidelines, and shall provide an equal or greater benefit to the City by providing conduit for fiber optic systems feeding security cameras and other applications. The City will grant Sound Transit access to this data feed, which will, in turn, provide a benefit to Sound Transit. Exhibit E provides a depiction of where fiber optic conduit will be installed by Sound Transit's Design-Build Contractor. The locations for conduit installation depicted in Exhibit E are all within the construction limits defined for the Project. Sound Transit will not install conduit outside of the construction limits defined, nor acquire additional property rights to facilitate such installation. For those areas depicted in Exhibit E that are within WSDOT rights-of- way,the City agrees to secure all approvals and rights from WSDOT for installation prior to Sound Transit undertaking the work to install conduit. The Design-Build Contractor will provide and install the conduit and fiber optic cable in the conduit, based on City specifications, which are included in Exhibit E. Upon acceptance by the City, all conduit installed by Sound Transit's Design-Build Contractor shall be transferred to the City and will be the responsibility of the City to maintain, along with all fiber optic cable placed in the conduit by the City. Principles and additional guidance for the placement of conduit is further discussed in Section 8.10. 8.2.F FWRC Section 19.145.330—Intrusion into Stream Buffers.The City will allow Sound Transit an intrusion into a stream buffer, with an approved mitigation and stream buffer enhancement plan per FWRC 19.145.330. Sound Transit shall mitigate for temporary and permanent stream buffer impacts to Bingaman Creek at a site approved by the City in the City of Federal Way, including but not limited to Laurelwood Park.The approved mitigation site may be off-site and out-of-kind but will provide an equivalent or higher overall benefit to functions of the standard Bingaman Creek and/or associated stream buffer following functions described in 19.145.330(2) and intrusion approval criteria in FWRC 19.145.330(3). The City will accept King County In Lieu Fee mitigation for wetland buffer impacts at Wetland WFW-28-3 within the City's jurisdiction per FWRC.19.145.430. Any additional wetland or wetland buffer impacts not identified at this time will be mitigated in accordance with FWRC.19.145.430 and in coordination with the City. 8.3 Vestin .The vesting described in this Agreement shall apply throughout the "Construction Build- out Period"for the Project, which the Parties have established as ten (10)years following execution of this Agreement. During the Construction Build-out Period, the City shall neither modify nor impose new or additional development regulations or standards for the Project except as otherwise provided in this Agreement, or if other county, state or federal laws preempt the City's authority to vest regulations. The City reserves the authority to impose new or different officially adopted regulations to the extent required by a serious threat to the public health and safety, To the extent this Agreement does not establish or define development regulations or standards covering a certain subject, element, or condition, the Project shall be governed by the City development standards and regulations in effect on the last date of execution of this agreement. 8.4 Codes in Effect. The codes and editions that will be used for the entirety of this Project's Design, Construction, and Operation are specified in Exhibit F of this Agreement. GA 0015-18 72 Page 10 ST Final Rev —May 1, 2019 8.5 Local Roadways. Local roadway cross-sections to be improved by Sound Transit shall be consistent with the concurrence letter addressing this subject and executed between the City and Sound Transit dated June 30, 2017, attached and incorporated herein as Exhibit B. 8.6 Wetlands and streams. Wetland and stream permitting of environmentally critical areas shall proceed consistent with terms included in a concurrence letter addressing this subject and executed between the City and Sound Transit dated December 5, 2017, attached and incorporated herein as Exhibit G. The Project submittal shall include supporting documentation addressing compliance with the minimum environmentally critical area requirements of Chapter 19.145 FWRC and best available science. The Community Development Director will issue a written determination, which may be subject to conditions, in the form of a critical areas partial exemption per FWRC 19,145.120(1), for an Essential Public Facility with proposed critical area and critical area buffer intrusions. The partial exemption will be reviewed concurrently with Project engineering and/or construction permits. 8.7 Storm Water. Storm water runoff from the Project shall be addressed as provided in the concurrence letters executed between the City and Sound Transit dated May 2, 2017, August 31, 2018, and December 19, 2018, attached and incorporated herein as Exhibit H. 8.8 Landscaping. Landscaping requirements shall meet Chapter 19.125 FWRC and Public Works Development Standards except for deviations related to Guideway Clear Zone, trash enclosure and property line screening requirements articulated in the concurrence letter executed between the City and Sound Transit dated July 25, 2018, attached and incorporated herein as Exhibit D. 8.9 Parking Mitigation. Sound Transit shall, in coordination with the City and at Sound Transit's expense, conduct an on-street parking inventory and utilization study of the block faces identified in Exhibit I, all located within one-quarter mile of the Federal Way Transit Center Station. This study will take place within one (1) year before start and within one (1)year after start of revenue service based on a mutually agreed upon study methodology that evaluates parking capacity and usage of the block faces and whether such usage can be reasonably attributed to the Project. If the post-revenue service shows that the block faces identified in Exhibit I are over 90%of capacity prior to 8 am, and over 50%of the on street parking use can be reasonably attributed to light rail transit customer parking, then Sound Transit and the City will work together in good faith to identify and implement parking control measures. Potential parking control measures may include parking meters, restricted parking, passenger and truck load zones, and residential parking zones (RPZs). Sound Transit agrees to fund the initial capital costs of implementing parking meters, RPZs, or parking restriction signage within the area described in Exhibit I. The City will be responsible for monitoring and providing all enforcement and maintenance, including ongoing RPZ-related costs. GA 0015-18 73 Page 11 ST Final Rev — May 1, 2019 8.10 Parking Education. During the on-street parking and utilization study period, which will take place within one (1) year before the start and continuing until one (1) year after start of revenue service, Sound Transit shall be responsive to local business owners within one-quarter mile of the station who are concerned with Sound Transit patron's parking on private property.Sound Transit's role shall be limited to providing education and outreach,focusing on best practices that businesses could implement to address the issue such as the installation of no parking signs and/or other methods to discourage illegal parking. Any parking mitigation measures implemented by the private property owner would be undertaken at their sole cost and discretion. 8.11 City Conduit Installation. Sound Transit will direct their Design-Build Contractor to install conduit and fiber optic improvements parallel to the guideway from S 272nd St to the Federal Way Transit Center. Conduit and fiber optic improvements will be designed per Section 3.8 of the City's Public Works Development Standards. The conduit between S 272nd St and S 320th St shall be populated with a 144 count single-mode fiber cable with termination and access locations. The conduit installation will include risers that connect to City right-of-way at grade level at the following street crossings: S 272nd St; Military Rd S at Star Lake Rd;S 288th St; S 304" St; Military Rd S crossing under Interstate 5; 281h Ave S; S 317"St at 23rd Ave Sand 28th Ave S; and at 23rd Ave S/S 320th St. Upon acceptance by the City, all conduit and fiber optic cable installed by Sound Transit's Design-Build Contractor shall be transferred to the City and will be the responsibility of the City to maintain. Exhibit E depicts these locations generally agreed upon for City conduit installation. The following principles are proposed to guide the placement by ST of conduit for fiber optic systems feeding security cameras and other applications in the City of Federal Way. 1. City conduit must be placed outside of the FWLE Transitway area. 2. If outside City right-of-way, and to the extent that additional property rights are required to enable placement of City conduit, the City shall be responsible for securing all necessary rights and/or permits. 3. For the portion of the alignment adjacent to the WSDOT right-of-way, the conduit will be located east of the FWLE alignment in the WSDOT right-of-way and the City shall secure needed property rights from WSDOT. 4. For the portion of the LRT alignment south of the roundabout at 317th St, the conduit will be located in City right-of-way. 5. Access points will be located in City right-of-way or within WSDOT right-of-way where the City secures property rights. 6. Sound Transit will not install City conduit outside of the construction limits currently defined for the Project. 7. To the extent any additional environmental review, permitting, or mitigation may be required to facilitate placement of City conduit,the City shall be responsible for such costs. 8.12 Pedestrian Connection Improvements to the Federal Way/S 320`h St Park and Ride.As identified in the FEIS,the Federal Way/S 320th St Park and Ride lot is within %-mile of the Federal Way Transit Center station area and could be used for parO g by riders of th-e-Project. Sound Transit is committed to improving pedestrian connections between the Federal Way/S 320th St Park and GA 0015-18 74 Page 12 ST Final Rev — May 1, 2019 Ride lot and the Federal Way Transit Center while meeting the City of Federal Way's adopted level of service standards for vehicle traffic at the intersection of 23rd Ave S and S 3201h St.These improved pedestrian connections will take place within the Federal Way/S 320th St Park and Ride lot, along the route to the Federal Way Transit Center station area, and at the intersection of 23rd Ave S and S 320th St upon completion of required additional environmental review. Improvements to the Federal Way/S 320th St Park and Ride lot shall include: • Lighting to meet Sound Transit Design Criteria Manual version 5 illuminance levels for pedestrian walkways in the Federal Way/S 320th St Park and Ride lot along pedestrian walkways from the intersection of S 322nd and 23rd Ave S to the bus island, and along existing walkways within the parking lot. • The Design-Build Contractor shall provide a lighting layout for review by Sound Transit Security, Sound Transit Architecture, the City, and King County Metro before implementation. • Improved Sidewalks: • Increase sidewalks along S 322nd St to the bus island to 12 feet wide. • The Design-Build Contractor shall provide a circulation layout for review by Sound Transit Security, Sound Transit Architecture,the City, and King County Metro. • Sound Transit Security coordination with King County Metro on Crime Prevention Through Environmental Design (CPTED) review of Federal Way/S 320th St Park and Ride. • Wayfinding Signage, Sound Transit branded for pedestrians and vehicles: • The Design-Build Contractor shall provide a layout for review and approval by Sound Transit Capital Signage program and Sound Transit Architecture. • New signage shall be provided by the Design-Build Contractor at: • Federal Way Transit Center station for pedestrian route to Federal Way/S 320th St Park and Ride. • At northwest, southwest, and southeast corners of S 320th St and 23rd Ave S intersection for pedestrians. • At intervals along 23rd Ave S to S 322nd St, into the Federal Way/S 320th St Park and Ride,for pedestrians. • At 23rd Ave S& S 322nd St, to inform drivers entering into Federal Way/S 320th St Park and Ride. • Federal Way Transit Center garages, new and existing,to inform drivers of overflow parking at the Federal Way/3201h St Park and Ride. • At Federal Way/S 320th St Park and Ride bus island for pedestrian walking route to the light rail station, and to inform the option to ride the bus to the station. Improvements to the intersection of S 320th St and 23rd Ave S shall include: • Crosswalks widened to 15 feet for all legs of the intersection, with a permanent color treatment and perimeter outline. The treatment shall integral and shall be capable of withstanding vehicular traffic, snowplow, and de-icing efforts. • Regrading and associated concrete sidewalk-improvements at the southwest corner of the intersection to allow for a larger pedestrian waiting area. GA 0015-18 75 Page 13 ST Final Rev — May 1, 2019 • Construction of a right turn "slip lane" and an associated pedestrian refuge island for right turns from southbound 23`d Ave S onto westbound S 320`h St. See Slip Lane (Exhibit 1)for a conceptual design. Safety features for pedestrians crossing from the station plaza to the pedestrian refuge island shall include: • Raised 1S-ft wide flat crossing from the pedestrian refuge island to the station plaza. • Caution, pedestrian crossing signage for vehicles in the slip lane approaching the raised crosswalk. • Road texture either scored or stamped in the concrete slip lane approaching the raised crosswalk for rumble effect. • Bollards on both the station side and pedestrian refuge island side of the slip lane. • Non-glare lighting for pedestrian and vehicle visibility. See Exhibit J for further description of these improvements. 8.13 City Artwork. 8.13.A Proiect Artwork. As part of the Project, Sound Transit shall produce artwork for the Federal Way Transit Center Station that complements the agency's regional art collection, supports a positive customer experience and responds to the character of the area and the community. Artists have been selected based on qualifications that meet project specific criteria, by a panel (one panel for each station area) of art and design professionals along with community representatives consisting of members who can contribute to meeting the station's artwork goals. As part of the artwork development process, Sound Transit will work with the City,the City's Arts Commission, and other stakeholder groups to provide information on current projects and obtain comments and suggestions. 8.13.E Existing Artwork. In addition to artwork developed as part of the Project, existing artwork elements in the City will be addressed during Project construction, namely the "Hi-Five" kinetic sculpture currently located within the existing roundabout at S 317`h St and 28th Ave S. In Coordination with the City's Arts Commission, the "Hi-Five" sculpture will be removed from its current location and refurbished using funds available from Sound Transit's Art (Start) program. After removal from its current location and refurbishment by STart, "Hi-Five" will be relocated to a suitable location within the Federal Way Station area with broad public viewing access. 8.13.0 Potential Opportunities for Temporary Artwork. At temporary, long-term construction features including construction fencing and pedestrian bypass walkways, Sound Transit will coordinate with the selected Design-Build Contractor and the City's Arts Commission to implement temporary artwork that engages the public and community partners, as facilitated by STart's Artist-in-Residence for this service area. If the City of Federal Way requests to fund and site its own temporary artwork on the construction features,the production requirements and installation of the artwork will be coordinated through STart. - 8-:13.-D hfo-r-mational Updates on Artwork: Sound-Transit staff shall-provide regular.updates-on _ permanent and temporary artwork to the City's Art Commission. GA 0015-18 76 Page 14 ST Final Rev —May 1, 2019 8.14 Surplus Property. Sound Transit acquires real property for building and operating the voter- approved transit system. Once a transit project is built, Sound Transit may have surplus property that can then be used to support the transit investment by creating transit-oriented development (TOD). The 2016 voter-approved regional transit system plan established TOD as a programmatic component of implementing Sound Transit's mission to plan, build and operate regional mass transit.The system plan and Sound Transit's enabling statute also direct the agency to implement a regional equitable TOD strategy for diverse,vibrant, mixed-use and mixed-income communities adjacent to Sound Transit stations and in disposition of surplus property. If and when Sound Transit identifies surplus property in the City of Federal Way,the City and Sound Transit will agree to a process to define outcomes on the future surplus property that are consistent with Sound Transit's Equitable TOD Policy and the City's applicable regulations and station area long range planning efforts, including the Comprehensive Plan, City Center goals and policies, and the FWRC Community Design Guidelines. • The Parties agree to work to support timely offering of any surplus property by Sound Transit, and to keep each other apprised of any factors that bear on the timing of the offering. The Parties recognize that the City's goal is to transition surplus property in the vicinity of the Federal Way Transit Center station back to permanent uses as expeditiously as possible upon completion of Project construction. Pursuant to Sound Transit policy, when implementing transit-oriented development, the agency strives for the completion of this development at the time the transit project opens or service begins, while considering the agency's property needs for construction and operations of the transit system. The vesting of any regulations, development standards, impact fees or expedited permitting timelines expressly provided herein for the Project shall not apply to the development of any Sound Transit surplus property. • The Parties agree that development of any Surplus Property identified by Sound Transit following Project completion shall include a mix of uses consistent with Sound Transit's Equitable TOD Policy as well as the City's vision for a compact, mixed use, mixed income and walkable urban center. • The City will participate in a meaningful way and partner with Sound Transit in developing any surplus property-related RFQ, RFP, or other means of soliciting proposals for development of any Sound Transit Surplus Property. "Participate in a meaningful way" for the purposes of this section, means that the City will co-lead a collaborative process which may include advisory groups, or committees,the Parties will reach agreement on the scope, qualifications, evaluation criteria, timing, and other key elements of the process for the developer selection, sale, lease or other transfer of the surplus property including, but not limited to, any RFQ, RFP, or other means of seeking and selecting proposals for development. Specifically the City will be given the opportunity to participate on the proposal evaluation team by providing up to two City employees to participate, one of which will be the Sound Transit liaison. The Sound Transit Liaison will be a voting member of the team and the other will participate as a non-voting technical advisor. Sound Transit GA 0015-18 77 Page 15 ST Final Rev — May 1, 2019 uses an evaluation methodology where the members of the evaluation team discuss the strengths and weaknesses of each proposal in order to reach consensus on the preferred proposal. City participants are subject to the rules and requirements that apply to the evaluation team participants, including Sound Transit employees. Specifically,team participants must complete any Sound Transit training required in order to participate on an evaluation team, agree in writing to keep confidential team discussions and source selection information during their participation on the evaluation team, and declare in writing the existence of any conflicts of interest with any of the proposing firms. The Director of Sound Transit Procurement& Contracts Division has the authority to reject or remove any participants who do not meet the above requirements or violate any applicable rules or requirements. If the above occurs, the removed city staff member(s)will be replaced with another appropriate City participant. • The City will participate in a meaningful way with Sound Transit in developing and evaluating any technical or informative studies and, in the event an agreement or other binding instrument is required to be entered into as part of the process, will participate in good faith to reach agreement on terms pertaining to or used to guide decisions regarding development of the surplus property. 8.15 23rd Avenue S at S 317th Street Roundabout. Sound Transit will construct a new roundabout intersection with concrete vehicular lanes at the intersection of 23rd Ave S and S 317th St. The preliminary roundabout is shown in the Pre-Final PE plans (see Exhibit B—letter of concurrence) and was designed sufficient to meet forecast traffic volumes through the 2035 design year. The City requested to add capacity to this intersection to accommodate expected future development. Sound Transit acknowledges the City's request to construct the roundabout such that a second lane for the vehicle movement from westbound S 317t" St to southbound 23rd Ave S can be opened in the future with minimal construction interruption at the roundabout. Sound Transit and the City will work together in final design to configure the roundabout such that the ultimate two-lane footprint is constructed with the FWLE project. However, only one lane from westbound S 317th St to southbound 23rd Ave S will be opened with the FWLE project, and a temporary, physical barrier will protect the future lane. Once the City determines the second lane is needed, the City will remove the temporary barrier and revise channelization as needed to open the second lane. The City recognizes that Sound Transit's objectives as part of the Project are as follows: • The intersection will safely and efficiently accommodate pedestrian and vehicular traffic as forecast and disclosed in the Project's NEPA/SEPA documentation; • Any changes in design to construct the roundabout as described will be done in a manner that does not require Sound Transit to acquire additional right-of-way or complete further environmental review. GA 0015-18 78 Page 16 ST Final Rev —May 1, 2019 9.0 DESIGN REVIEW, PERMITTING,AND INSPECTION 9.1 Project Administration. 9.1.A The City shall assign a City staff contact for the Project ("City Project Liaison"). The City Project Liaison shall provide central coordination of all Design Submittal and Permitting Package reviews and comments from all involved City departments and City-owned utilities and shall be an effective and empowered conduit between Sound Transit and other City staff. The City Project Liaison shall resolve any inconsistencies among review comments from the City departments and City-owned utilities and shall provide Sound Transit with consistent and consolidated review, comments, and decisions. At a minimum,the person filling this role for the City should have a Professional Engineer (PE) or Professional Planner (AICP) license and have 10-years' experience in the field, preferably with an extensive construction management background. In addition to these tasks,the City Project Liaison shall participate in regularly scheduled project-level meetings. The City Project Liaison shall also be responsible for identifying and disclosing to Sound Transit as soon as practicable any other projects or City received applications (e.g., utility projects,transportation projects, private development projects)that have the potential to conflict or interfere with the expeditious design and construction of the Project. 9.1.B Sound Transit will assign a Sound Transit staff contact for the Project ("ST Liaison"). At a minimum, the person filling this role should have a Professional Engineer (PE) or Professional Planner (AICP) license and have 10-years' experience in the field, preferably with an extensive construction management background. The ST Liaison shall provide central coordination for Project Design Submittals and Project coordination. In addition to these tasks, the ST Liaison shall participate in regularly scheduled project-level meetings and be responsible for working with the Design-Build Contractor to provide the City with consistent and consolidated submittals and information. 9.2 Design-Build Contractor. Sound Transit shall obtain approval from the City for construction of the Project through submittal of the appropriate applications and Design Submittals as described in this Agreement.The City acknowledges that Sound Transit will be procuring this Project using design-build methods and further acknowledges that the Design-Build Contractor may, at Sound Transit's discretion, make any of the required submittals on Sound Transit's behalf. 9.3 Over-the-Shoulder Review,Sound Transit, the City, and Sound Transit's Design-Build Contractor will participate in on-going Over-the-Shoulder reviews throughout the design process. City participation will be facilitated by the City's Project Liaison, described in Section 9.1, who will be co-located on a part time basis at the Project job office and whose primary function it will be to identify and resolve issues to support the design process and development of plans that move forward to the permitting process. In addition to the required application and permit fees, Sound Transit shall reimburse the City for the time spent_in ongoing_Over-t_he-Shoulder review_ s as defined in the City Services Agreement and related Task Orders. GA 0015-18 79 Page 17 ST Final Rev —May 1, 2019 9.4 Proposed Changes to the Preliminary Engineering Submittal. ST will provide to the City for conceptual review a package highlighting significant changes to the Project design proposed during the Design-Build Contractor procurement process and/or changes that were initiated by Sound Transit in preparing the RFP.The purpose of this submittal is to establish a baseline for the Project design that the Design-Build Contractor will continue to advance. This will be provided to the City for conceptual review. 9.5 60% Design Submittal, ST will provide to the City for review and comment a 60% Design Submittal for each design package (as identified by the Design-Build Contractor as part of its Permitting Plan, and as agreed by the City) incorporating a narrative and clouding changes pursuant to the City's review comments of the Preliminary Engineering Submittal. The City shall perform a review of the submittal and return its unified comments and corrections on the designs, plans, and specifications from all relevant City departments to Sound Transit within a mutually-agreed upon timeframe after receipt of the submittal. The timeframe for review will be determined and agreed upon by the Parties when the Project Permitting Plan is developed and approved (see Section 9.11); however, the City and Sound Transit acknowledge the need for expeditious review of Design Submittals and are committed to this goal. Sound Transit will reimburse the City for time spent reviewing the submittal, pursuant to the City Services Agreement and its subsidiary Task Orders. If deemed necessary by the Parties, and after the City's review of the 60% design plans, Sound Transit's Design-Build Contractor will convene a comment resolution meeting to inform the City of how issues have been resolved and to discuss the options for resolving the issues. 9.6 90% Design Submittal.ST will provide to the City for review and comment a 90% Design Submittal for each design package (as identified by the Design-Build Contractor as part of its Permitting Plan, and as agreed by the City) incorporating a narrative and clouding changes pursuant to the City's review comments on the 60% Design Submittal. The Design-Build Contractor has the option to obtain an appointment with the City's permit process team to discuss the submittal prior to review by the City. The City shall perform a review of the submittal and return its unified comments and corrections on the designs, plans, and specifications from all relevant City departments to Sound Transit within a mutually-agreed upon timeframe of receipt of the submittal. The timeframe for review will be determined and agreed upon by the Parties when the Project Permitting Plan is developed and approved (see Section 9.11); however, the City and Sound Transit acknowledge the need for expeditious review of Design Submittals and are committed to this goal. Sound Transit will reimburse the City for time spent reviewing the submittal, pursuant to the City Services Agreement and its subsidiary Task Orders. If deemed necessary by the Parties, and after the City's review of the 90%design plans, Sound Transit's Design-Build Contractor will convene a comment resolution meeting to inform the City of how issues have been resolved and to discuss the adequacy of or other options for resolving the issues. 9.7 100% Design Submittal.This submittal is intended as the Permit Submittal. Each permitting package will be submitted with 100% design plans for the subject project element, incorporating a narrative and clouding changes pursuant to the City's review comments from the 90%design submittal.The City shall perform a review of the submittal and return its unified comments and corrections on the designs, plans, and specifications from all relevant City departments to Sound GA 0015-18 80 Page 18 ST Final Rev —May 1, 2019 Transit within a mutually-agreed upon timeframe of receipt of the submittal.The timeframe for review will be determined and agreed upon by the Parties when the Project Permitting Plan is developed and approved (see Section 9.11); however,the City and Sound Transit acknowledge the need for expeditious review of Design Submittals and are committed to this goal. After the City's review of the 100%design plans, Sound Transit's Design-Build Contractor will convene a comment resolution meeting to inform the City of how issues have been resolved and to discuss the adequacy of or other options for resolving the issues. This process may be revised in writing by the Designated Representatives outlined in the in Section 16 to improve the efficiency of the permitting process. 9.8 Issued for Construction. The Issued for Construction (IFC) set of drawings will serve as the basis for construction activities and field inspections. It will incorporate any required corrections based on review of the Permit Submittal, upon which the Design-Build Contractor will rely in constructing the Project, including, but not limited to a complete set of construction plans, drawings, and specifications. 9.9 City Liaison Role.The Parties contemplate that the ongoing, collaborative Over-the-Shoulder review (see Section 9.3) will keep the City's Project Liaison apprised of the latest developments in the design. The City's Project Liaison will coordinate review required by other City staff as a means of seeking informal feedback from the City.To the extent that disputes arise regarding code requirements and development standards, the Parties shall work to either meet the requirements and standards or request a modification based on site specific circumstances. Should the Parties reach an impasse implementing code requirements and development standards, the Parties shall use the dispute resolution process in Section 16. 9.10 Sound Transit Responsibility. Sound Transit is responsible for ensuring that the City receives prompt responses to City requests for additional documentation, plans, specifications, drawings, and explanations. 9.11 Project Permitting Plan. The Parties recognize the mutual benefit of establishing an efficient and expedited process for seeking and obtaining permits to construct the Project in the City.As such, a Preliminary Project Permitting Plan has been developed by Sound Transit with input from the City. This Preliminary Project Permitting Plan is attached in Exhibit K and will be used by Sound Transit's Design-Build Contractor as guidance to develop and submit a Permitting Plan as one of the earliest critical activities.The Project Permitting Plan shall be developed with input from the City. Upon its submittal, Sound Transit will provide a copy of the plan for review and comment to the City. Sound Transit and the City shall work cooperatively to develop a final Permitting Plan that is implementable by the Design-Build Contractor. 9.12 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. GA 0015-18 81 Page 19 ST Final Rev —May 1, 2019 9.13 Non-Interference. The City shall not interfere with 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 provided Sound Transit complies with City Codes and requirements. 9.14 Inspection. 9.14.A Sound Transit-Owned Facilities within Transit Way. Sound Transit shall be responsible for inspection and acceptance of work for facilities constructed by Sound Transit's Design-Build Contractor for which Sound Transit has ownership, operating, and maintenance responsibilities. Work requiring permits from the City work must be permitted, approved, inspected and receive an appropriate Certificate of Occupancy or similar from the City in accordance with applicable codes and regulations.These facilities may include, but are not necessarily limited to: • LRT track and guideway, including all appurtenances such as catenary poles and wires, fencing and other barriers, train signals and other equipment necessary for operations; • LRT structures including bridges, abutments, retaining walls, and noise barriers constructed to mitigate the results of LRT-generated airborne noise; • Traction power substations and signal bungalows; and • Light Rail Transit stations and related passenger amenities including park-and-ride structures and transit station access facilities. 9.14.6 City-Owned Facilities.The City shall inspect work performed by the Design-Build Contractor for facilities owned and maintained by the City following completion of construction. The City's acceptance of improvements is based on satisfactory inspection and testing of improvements. These components include, but are not necessarily limited to: • Street lighting standards; • Traffic signal poles and signal boxes; • Streets,sidewalks, curbs and gutters; and • Other infrastructure in the City's public rights-of-way or City-owned property. 9.14.0 Sound Transit-Owned Facilities in City Right-of-Way.The City will review and perform field verification of Sound Transit structures as part of the right-of-way use permit and related civil plan review to ensure that impacts to City right-of-way and City facilities are addressed. 9.14.1) Sound Transit Self-certification. Sound Transit will provide self-certification of traction power substations installed as part of Project construction. Documentation regarding the Parties' agreement regarding this issue is included as Exhibit L. GA 0015-18 S2 Page 20 ST Final Rev —May 1, 2019 10.0 CONSTRUCTION 10.1 Design-Build Contractor Mitigation Plans. It is acknowledged by the Parties that Sound Transit shall require the Design-Build Contractor to develop mitigation and other plans that will be of interest to the City and its residents.The following plans shall be required of Sound Transit's Design-Build Contractor and shall be submitted to the City for review and approval prior to their acceptance by Sound Transit and the commencement of work. The City shall have 15 business days to complete its review of the mitigation plans. • Transportation Management Plan—Specifying the Design-Build Contractor's overall strategy for managing issues related to transportation during construction. • Maintenance of Traffic Plan —Specifying provisions for safely and adequately maintaining traffic during construction, including vehicular, pedestrian, bicycle and transit traffic. The plan shall include standard safety measures such as installation of advance warning signs, highly visible construction barriers and the use of flaggers, as appropriate. • Construction Noise and Vibration Mitigation Plan—Specifying means and methods implemented by the Design-Build Contractor to minimize noise and vibration during construction. • Emergency Response Plan—Sound Transit to submit to the City a copy of an Emergency Response Plan that addresses the construction period. • Construction Outreach and Communication Plan—Specifying Design-Build Contractor requirements for advance notification of construction activities and other actions that are of interest to the community, which shall include, but not be limited to, the following features: • A 24-hour construction hotline that provides telephone access for the public to get construction information and to make complaints and incident reports. • A multi-media public information program to provide current and advance information regarding street closures, hours of construction, business access, and parking impacts. • Maintain access to businesses and provide information on how to access businesses during construction. • Coordinate with businesses using a defined messaging plan that clearly communicates construction schedule and activities. • Clearly identify, and make accessible, paths to and from major transportation facilities, such as pedestrian routes, bicycle lanes, and bus routes and stops. • Maintain a construction issues response log that tracks construction related complaints and their resolution. GA 0015-18 83 Page 21 ST Final Rev — May 1, 2019 10.2 Mitigation of Construction-related Business Impacts. Sound Transit will work with affected business owners,the Chamber of Commerce and the City to implement Sound Transit's Business Relations Program to help businesses prepare for construction by providing clear and timely information, identifying physical mitigation, and marketing and promotions and partnership opportunities aimed at supporting businesses through Project construction (see Exhibit M, April 2018 "Sound Transit Business Relations Program"). Sound Transit shall request the assistance of local ethnic and minority community organizations to help tailor business-marketing programs to the specific needs of local business owners whose customers are mainly from a single ethnic group. 10.3 School District Outreach. Sound Transit will provide regular updates to the Federal Way School District to assist school officials in providing advance and ongoing notice to students and parents concerning construction activity near schools. Sound Transit will also work with the Federal Way School District to educate school officials and students about the light rail system and safe street-crossing and Link access procedures. 10.4 Contractor Haul Routes. FWRC 8.40.030 lists the pre-approved haul routes within the City. Sound Transit and the City have worked cooperatively to identify construction contractor haul routes in addition to those already approved by FWRC that may be used to transport materials and equipment necessary to construct the Project while minimizing impacts to City businesses and residents. The approved haul routes are depicted in Exhibit N and the City shall permit use of them by Sound Transit's Design-Build Contractor. Restoration requirements for haul routes shown that are not approved by the FWRC is described in section 10.6 of this agreement. In the event that the Design-Build Contractor proposes the use of alternate routes to Sound Transit, Sound Transit shall obtain the City's approval prior to accepting the Design-Build Contractor's proposal. 10.5 Construction Detour Routes, Sound Transit and the City have worked cooperatively to identify traffic detour routes that may be used as necessary when roads are closed due to construction activities. These detour routes are depicted in Exhibit O and the City shall permit use of them by Sound Transit's Design-Build Contractor. In the event the Design-Build Contractor proposes the use of alternate detour routes to Sound Transit, Sound Transit shall obtain the City's approval prior to accepting the Design-Build Contractor's proposal in accordance with the FWRC. Per the City Public Works Development Standards, no lane closures will be permitted within the City Center zone from the Friday after Thanksgiving Day, until the first City recognized business day of the following year. 10.6 Contractor Work Hours. The Parties acknowledge that Sound Transit's Design-Build Contractor may propose work outside of the City's standard permissible days and/or hours for construction. In the event such a proposal is received by Sound Transit from their Design-Build Contractor, the ST Liaison will work closely with the City's Project Liaison to consider the request and to facilitate the process of seeking a City work days, work hours, and/or noise variance, in accordance with the requirements of the Development Standards Manual and the FWRC as appropriate. GA 0015-18 84 Page 22 ST Final Rev —May 1, 2019 10.7 Prompt Repair 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 LRT 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 restore the Public Rights-of-Way or public property at Sound Transit's sole cost and expense. 10.8 Restoration of Contractor Haul Routes. Sound Transit shall restore the existing roadway pavement and other surface infrastructure within the public right-of-way that are affected by construction activities. Specifically, Sound Transit shall require its Design-Build Contractor to restore construction haul routes used by their Design-Build Contractor in the City within thirty (30) days of when use of the route is complete. This commitment to restoration of haul routes shall consist of provision of a 2-inch mill and overlay of asphalt to be laid down after the cessation of Design-Build Contractor hauling activities on the route and prior to substantial completion of Project construction. This 2-inch mill and overlay shall be provided from curb to curb along the route and shall be the extent of any agreed-to restoration. Specific to restoration of Military Road S, damaged concrete panels and/or joints shall be repaired or replaced prior to mill and overlay work. The City may request a fee in lieu of restoration (i.e., to receive the equivalent from Sound Transit as fee thereby waiving the requirement for Design-Build Contractor restoration)for any and all of the streets used as Project haul routes. If the City requests a fee in lieu of restoration, the City must notify Sound Transit in writing of this choice and for which (if not all) of the haul routes this fee shall apply. The fee in lieu shall be calculated using the most recent, credible bid received by the City for similar work or by some other methodology agreed during the preparations for issuance of Design-Build Contractor Notice-to- Proceed (NTP),through heavy construction and construction close-out(anticipated to occur in late 2024). The request for a fee in lieu of restoration will not be considered by Sound Transit if notification has not taken place prior to the initiation of Design-Build Contractor restoration. 10.9 Progress Reports.At the City's request, Sound Transit agrees to provide the City with copies of progress reports, status reports, construction contract reports, inspection reports, RFI logs, submittal logs, and schedule updates as generated by the Design-Build Contractor and as required in the construction contract for the Project. 10.10 Ownership and Maintenance.The Parties have agreed conceptually to ownership and maintenance responsibilities for infrastructure and landscaping installed as part of the Project, as depicted in Exhibit P. The Parties understand and acknowledge that although the design plans that underlay Exhibit P may change as Project design advances,the following principles will remain unchanged. Sound Transit will own and maintain all infrastructure associated with the LRT System, including LRT Stations and all LRT Facilities. Upon acceptance of work completed by Sound Transit's Design-Build Contractor, the City will own and maintain roadway infrastructure installed within public rights-of-way, and other infrastructure installed as part of the Project that serves local needs. The City will be responsible for maintenance of all landscaping installed by Sound Transit's Design-Build Contractor in public rights-of-way beginning upon the close of the required plant establishment period required by City GA 0015-18 85 Page 23 ST Final Rev —May 1, 2019 code. Sound Transit will be responsible for maintenance of all landscaping installed on property controlled by Sound Transit. 11.0 MINOR REVISIONS TO PROJECT APPROVALS Pursuant to FWRC 19.85.210,the Director of Community Development or designee is authorized to approve minor revisions to the Project in accordance with the requirements of the FWRC that are necessary and generally consistent with this Agreement and are in accordance with the requirements of the FWRC. Such minor revisions shall include: (a) any revisions within the scope and intent of the original Project approvals, and/or(b) any revisions within the scope of the Project environmental documents. 12.0 UTILITY RELOCATION 12.1 City Utilities. The Parties acknowledge that certain utilities, specifically storm and fiber optic systems and appurtenances, owned by the City and located on City property or within public right-of-way will be relocated and, or impacted by the Project. Sound Transit will relocate the City-owned utilities that conflict with the Project at Sound Transit's expense. That portion of the Design-Build Contractor's work consisting of the City's storm and fiber optic systems and appurtenances shall not be given final acceptance until it is approved in writing by the City. The City shall not unreasonably withhold final acceptance. 12.2 Other Utilities, Sound Transit may enter into separate agreements with non-City utility entities regarding the relocation of their facilities; however,the City will continue to assist Sound Transit in pursuit of timely agreement by such utilities to relocate its facilities so as not to impact the Project schedule. 13.0 LIABILITY, INDEMNIFICATION 13.1 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. 13.2 Notice of Claims.The City shall give Sound Transit prompt notice of any claims directly affecting Sound Transit about 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 that such cooperation is not contrary to the interests of the City, The City shall not settle any claim directly GA 0015-18 86 Page 24 ST Final Rev — May 1, 2019 affecting Sound Transit without the prior written consent of Sound Transit, which consent shall not be unreasonably withheld. 13.3 Sound Transit Liability. 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. 13.4 Survival, The indemnification obligations provided in this Section shall survive termination of this Agreement. 14.0 INSURANCE 14.1 Commercial and Self-Insurance. Sound Transit shall, at its sole expense, obtain and maintain during the entire term of this Agreement an appropriate program of commercial insurance, self- insurance or any combination thereof in amounts and types sufficient to satisfy its liabilities. When commercial insurance is utilized, Sound Transit shall name the City as an Additional Insured in accordance with insurer underwriting practices, and Sound Transit insurance policies shall be primary and non-contributory to any coverage maintained by the City. Sound Transit waives all rights of subrogation against the City for claims by third-parties arising under this Agreement except for that portion of the claims caused by the City's negligence, The limits of Sound Transit's selected coverage program in no way diminish Sound Transit's obligations to the City as set forth in this Agreement. Sound Transit shall maintain this coverage program throughout the term of this Agreement, and for six (6)years after its termination, to protect the City against claims that may arise as a result of the construction, operation, or maintenance of the Project.When commercial insurance is used, coverage shall include: (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. 14.2 Insurers. When commercial insurance is used, Sound Transit shall carry such commercial 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 entities engaged in the operation of facilities comparable to the Project. 14.3 Certificates of Insurance.Sound Transit shall file with the City's Law Department a formal letter of self-insured status, or when commercial insurance is used, Certificates of Insurance reflecting evidence of the required insurance and naming the City as an additional insured where GA 0015-18 87 Page 25 ST Final Rev —May 1, 2019 appropriate. The coverage maintained by Sound Transit under this Agreement shall not be canceled until at least thirty (30) days' prior written notice has been given to the City. 14.4 Remedies. If Sound Transit fails to maintain the appropriate program of commercial insurance, self-insurance or any combination thereof in amounts and types sufficient to satisfy its liabilities, the City may order Sound Transit to stop construction or operation of the Project until the appropriate insurance coverage program is obtained. 15.0 LIENS 15.1 Liens. The Project 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 materialmens' 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 Project. 15.2 Contest of Claims. 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. 15.3 Claim of Ownership. Nothing in this Agreement shall be deemed to give, and the City hereby expressly waives, any claim of ownership in and to any part or the whole of the Project except as may be otherwise provided herein. 16.0 DISPUTE RESOLUTION 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, rather than in the media or through other external means. 16.1 Dispute Escalation. The Parties agree to use their best efforts to prevent and resolve potential sources of conflict at the lowest level. The Parties agree to use their best efforts to resolve GA 0015-18 88 Page 26 ST Final Rev —May 1, 2019 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: 16.1.A Level One.Sound Transit's Executive Project Director, or equivalent, and the City's Project Liaison 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. 16.1.6 Level Two. Sound Transit's Executive Director of Design, Engineering, and Construction Management and the City's Director of Public Works 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. 16.1.0 Level Three. Sound Transit's Chief Executive Officer or Designee and the Mayor 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 Three, either party may refer the dispute to Level Four. 16.2 If DISPLIte Resolution Fails. 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 and other agreements in the same manner and under the same terms as existed prior to the dispute. 17.0 DEFAULT No 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 the thirty (30) day period,then commencement of the cure within such time period and the diligent prosecution to completion of the cure shall be deemed a cure. Any party not in default under this Agreement shall have all rights and remedies provided by law including without limitation damages, specific performance or writs to compel performance or require action consistent with this Agreement. 18.0 REMEDIES; ENFORCEMENT 18.1 Remedies.The Parties reserve the right to exercise any and all of the following remedies, singly or in combination, in the event the other violates any provision of this Agreement after following the dispute resolution process: GA 0015-18 89 Page 27 ST Final Rev —May 1, 2019 (a) Commencing an action at law for monetary damages; (b) Commencing an action for equitable or other relief; and (c) Seeking specific performance of any provision that reasonably lends itself to such remedy. 18.2 Remedy Considerations. In determining which remedy or remedies for 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 breaching party has a history of previous violations of the same or similar kind, and such other considerations as are appropriate under the circumstances. Remedies are cumulative; the exercise of one shall not foreclose the exercise of others. 18.3 Failure to Enforce Prompt Compliance. Neither party shall be relieved of any of its obligations to comply promptly with any provision of this Agreement by reason of any failure by the other party to enforce prompt compliance, nor shall such failure to enforce constitute a waiver of rights or acquiescence in the other party's conduct. 19.0 TERM;TERMINATION 19.1 Effective bate.This Agreement shall be effective as of the date the last party signs. Unless sooner terminated pursuant to the terms hereof, this Agreement shall remain in effect for so long as the Project is used for public transportation purposes. 19.2 Termination. 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. 19.3 Cessation of Proiect. Upon the cessation of use of the Project,to the extent any portion of it remaining in the Public Right-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 Project. 19.4 Removal Plan. 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. GA 0015-18 90 Page 28 ST Final Rev —May 1, 2019 20.0 COVENANTS AND WARRANTIES 20.1 City Warranties. By execution of this Agreement, the City warrants: 20.1.A That the City has the full right and authority to enter into and perform this Agreement and any permits that 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 its charter or by-laws, or any law, regulation or agreement by which it is bound or to which it is subject; and 20.1,6 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. 20.2 Sound Transit Warranties. By execution of this Agreement, Sound Transit warrants: 20.2.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, or any law, regulation or agreement by which it is bound or to which it is subject; and 20.2.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 or trustee or referee, is not necessary to make valid and effective the execution, delivery and performance of this Agreement. 21.0 RECORDINGS,TAXES AND OTHER CHARGES 21.1 Recording. This Agreement shall be recorded pursuant to the requirements of 36.70B.190. 21.2 Recording Costs, 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 permits that may be granted hereunder. 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 Project or rights 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 the same, 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, excises, assessments, or charges, including any penalties and/or interest thereon, levied or assessed on the Project, or on account of their existence or use, including increases attributable to such existence or use, and excluding taxes based on the income of the City, and shall indemnify the City against payment thereof. Sound GA 0015-18 91 Page 29 ST Final Rev —May 1, 2019 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). 21.3 If Sound Transit Does Not Pay Recording Costs.The City may pay any tax, levy, 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. 22.0 ASSIGNABILITY; BENEFICIARY 22.1 Binding Agreement. 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 whale or in part,to a governmental entity, or(iv) a sale, lease, or other conveyance 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 the Project on behalf of Sound Transit, and provided further that no unconsented assignment shall relieve Sound Transit of its obligations and liabilities under this Agreement. 22.2 Assignment. 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. 22.3 Designees. 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. 22.4 Beneficiaries. 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. GA 0015-18 92 Page 30 ST Final Rev —May 1, 2019 23.0 DESIGNATED REPRESENTATIVES 23.1 Designated Representatives. To promote effective intergovernmental cooperation and efficiencies,the Parties each designate a representative ("Designated Representative") who shall be responsible for coordination of communications between the Parties and shall act as the point of contact for each party.The Designated Representatives shall be responsible for the performance of the objectives of this Agreement. Each Designated Representative is also responsible for coordinating the input and work of its agency, consultants, and staff as it relates to the objectives of this Agreement. Designated Representatives and Contact Information during Construction/Operations: SOUND TRANSIT CITY OF FEDERAL WAY Dan Abernathy EJ Walsh, P.E. 401 S Jackson St 333258 th Avenue South Seattle, WA 98104 Federal Way, WA 98003 (206) 903-7170 (253) 835-2710 Dan.abernathy@soundtransit.org ej.walsh@cityoffederalway.com 23.2 Right to Change Designated Representatives.The Parties reserve the right to change Designated Representatives, by written notice to the other party during the term of this Agreement. Each party's Designated Representative is named above with the individual's contact information. 24.0 NOTICE Unless otherwise provided herein, all notices and communications concerning this Agreement shall be in writing and addressed to the Designated Representative. Any party at any time by written notice to the other party may designate a different address or person to which such notice or communication shall be given. Unless otherwise provided herein, all notices shall be in writing and shall be either: (i) delivered in person, (ii) deposited postage prepaid in the certified mails of the United States, return receipt requested, (iii) delivered by a nationally recognized overnight or same-day courier service that obtains receipts, or(iv) delivered electronically to the other party's Designated Representative as listed herein. However, notice under Section 20, Termination, must be delivered in person or by certified mail, return receipt requested. 25.0 GENERAL PROVISIONS 25.1 Unreasonable Withholding.The Parties shall not unreasonably withhold requests for information, approvals or consents provided for in this Agreement. The Parties agree to take-further actions arid-execute fu-rther docum-e_nts,either-jointly.or within-their respective powers and authority, to implement the intent of this Agreement. The City GA 0015-18 93 Page 31 ST Final Rev —May 1, 2019 and Sound Transit agree to work cooperatively with each other to achieve the mutually agreeable goals as set forth in this Agreement. 25.2 Interpretation. 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. 25.3 Time is of the Essence.Time is of the essence in every provision of this Agreement. Unless otherwise set forth in this Agreement, the reference to "days" shall mean calendar days. If any time for action occurs on a weekend or legal holiday,then the time period shall be extended automatically to the next business day, 25.4 City Notice of Decision. Upon City Council approval of this Agreement, the City shall issue a notice of decision that conforms to the content and distribution requirements of Chapter 19.85 FWRC Development Agreements. 25.5 Rights of Action. This Agreement is made and entered into for the sole protection and benefit of the Parties hereto and their successors and assigns. No other person shall have any right of action based upon any provision of this Agreement. 25.6 Ambiguity.This Agreement has been reviewed and revised by legal counsel for all parties and no presumption or rule that ambiguity shall be construed against the party drafting the document shall apply to the interpretation or enforcement of this Agreement. The Parties intend this Agreement to be interpreted to the full extent authorized by applicable law including the requirements of RCW 36.70A.200. 25.7 Events Beyond Parties Control. The Parties shall not be deemed in default with provisions of this Agreement where performance was rendered impossible by war or riots, civil disturbances, floods or other natural catastrophes beyond its control;the unforeseeable unavailability of labor or materials; or labor stoppages or slowdowns, or power outages exceeding back-up power supplies. This Agreement shall not be revoked or a party penalized for such noncompliance, provided that such party takes immediate and diligent steps to bring itself back into compliance and to comply as soon as practicable under the circumstances without unduly endangering the health, safety, and integrity of both parties' employees or property, or the health, safety, and integrity of the public, public Right-of-Way, public property, or private property. 25.8 Agreement Amendments.This Agreement may be amended only by a written instrument executed by each of the Parties hereto. 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. GA 0015-18 94 Page 32 ST Final Rev — May 1, 2019 25.9 Agreement Entirety. 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 agreements with respect hereto. 25.10 Section headings. Section headings are intended as information only, and shall not be construed with the substance of the section they caption. 25.11 Counterparts.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. 25.12 Rights of Federal Agencies. Sound Transit's design and construction of the Project is subject to a financial assistance contract between Sound Transit and the United States Department of Transportation, and the FTA. Both parties recognize that the FTA may request a change to this Agreement to comply with its funding requirements. 26.0 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. IN WITNESS WHEREOF, each of the parties has executed this Agreement by its authorized representative. CENTRAL PUGET SOUND REGIONAL TRANSIT THE CITY OF FEDERAL WAY AUTHORITY (SOUND TRANSIT) By: By: Peter M. Rogoff, Chief Executive Officer Jim Ferrell, Mayor Date: Date: Authorized by Motion No. Authorized by Ordinance No. APPROVED AS TO FORM: APPROVED AS TO FORM: By: By: Amy Jo Pearsall, Senior Legal Counsel Ryan Call, City Attorney GA 0015-18 95 Page 33 ST Final Rev —May 1, 2019 EXHIBIT LIST Exhibit A: Project Description and General Alignment Exhibit B: Letter of Concurrence: Right-of-Way Cross Sections Exhibit C: Mitigation Plan from FWLE Record of Decision Exhibit D: Letter of Concurrence: Landscaping Exhibit E: Conduit Plan and Section Exhibit F: Code Vesting Exhibit G: Letter of Concurrence: Environmentally Critical Area Impacts Exhibit H: Letters of Concurrence: Stormwater Management Exhibit I: On-street Parking Inventory—Study Area Exhibit J: Pedestrian Connection Improvements to 320`h Park and Ride Exhibit K: Preliminary Permitting Plan Exhibit L: TPSS Self-Certification Letter Exhibit M: Sound Transit Business Relations Program (April 2018) Exhibit N: Approved Contractor Haul Routes Exhibit O: Approved Construction Detour Routes Exhibit P: Operations and Maintenance Responsibilities Exhibit Q: Essential Public Facility Letter GA 0015-18 96 Page 34 EXHIBIT A: PROJECT DESCRIPTION AND GENERAL ALIGNMENT City of Federal Way Development Agreement 97 This Page Intentionally Left Blank 98 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. 99 3RI)r 7 2,97451 rrdpNa ,rpt Legend ` S 272nd Station Alignment At-Grade t" r IIIIIIIIIIIIII Elevated • i !Trench Station Platform — —•-City Boundary WSDOT ROW Kent Ir r rr — Trr-r-rx� r ~Federal ay ---- �.—.—.—.— Y � t SEATAC t- ; —-I O 0 O y' c �- -O Y _p J DES MOINES 4 KENT L._ — ~O y // LL _ 4 - l T �l O I dt G % FEDERAL 7, o WAYI I z I X ' I z i f 'I 1 L. I Service layer Credits Saurues Esn HERE DeLanne Inw"ap mremeni R Corp GEBCO,USGS FAC: NPS NRCAN Geo6ase. IGN Kadaster NL Ordnance Survey Esn Japan METL Esn China(Hong Kong), swisstopo,Mapmylndia,©OpenStreetMap contrbutors,and the GIS User Community Light Rail Alignment and Station Locations A" I I I I I I ' City of Federal Way 0 75 150 300 450 Feet Federal Way Link Extension 100 019 1 FW E P,3 249745 1 Tr—IW--d Legend Alignment At-Grade Illllllllltlll Elevated • • *Trench — — -City Boundary rmm WSDOT ROW E1 SEATAC I I tp DES .pp MOINES r' c KENT S V U i L i I I 1 I 1 !r FEDERAL— 7. U WAY I I I z F= rt U Z— + I j -•-rl r , Service Layer Credits Sources.Esri HERE,DeLorme.Intermap,increment P Corp. GE5C0 USGS,FAC, NP5.NRCAN.Geo6ase;-IGN;Kadaster NL,-Grdnencs Survey.Esn Japan,-MESI;-€sn China(Hong Kong), swisslopo,Mapmylndia ©OpenStreetMap contributors,and the CIS User Community Light Rail Alignment and Station Locations " City of Federal Way A0 75 iso 300 450 Fast Federal Way Link Extension 101 Q!A rSYi.F r 3 d9 45 Tr.. r7S'lo mad Legend Alignment At-Grade IIIIIIIIIIIIII Elevated • i *Trench —•—•-City Boundary rrTT-m WSDOT ROW SEATAC a m pU v 'o - °• DES - MOINES c r� 0 0 U � Cn r' C � Y KENT l I � I I � a FEDERAL 1113 WAYI I z I � � z I i j z • I � I j Semee Layer Credits Sources Fsn HERE Oel-orme Intertnap,increment P Corp. GESCO uscis 'rA0 NP5 NRC:AN.GvDBase.IGN Kadasfar NL Esrr Japan ME 31 Esrr Chir,u(tlony7 r:or.;7) swisstopo.Mapmylndia,©OpenKeotmap contributors.and the GIS User Community Light Rail Alignment and Station Locations " City of Federal Way A0 75 150 300 450 Feet Federal Way Link Extension 102 n r rvr rfia?as;s Irtrrct ,,m,a Legend Alignment At-Grade IIIIIIIIIIIIII Elevated 0 0 iTrench —•— -City Boundary rTTt-r�WSDOT ROW SEATAC .a m O w DES - MOINES c 7 0 U ' C Y KENT I / r I C L I � I I 'z FEDERAL 7 r U WAY I z r Y U � . Z i Service Layer CreditsSources Esri,HERE- DeLorme lwerm.ap.increment P Corp, GEBCO.USGS.rA0 NILS NRCAN GeoBase 1GN Kadnster N1- Ckdnance lSL^,ey r=sn Japan ME Tl Esn China(Hong Kongr swisstopo,Mapmylndia.OO OpenSlreetMap 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 103 3,W20'8 F&E 14;3 244745 iraxvfVla mrr Legend Alignment At-Grade Illlllllllllli Elevated 0 0 0 Trench •-City Boundary a, p rrrn7 WSDOT ROW R�q eu vl m LL SEATAC I i DES MOINES G 0 ca c KENT f I I X1.1 r� FEDERAL 1-� 00 VVAYI I z_ V ( Z Z + 1_-' LJ Service Layer Cte05 Sources Esn HFRF CeLorme Intermap increment P Cory GFFIC.0 USGS.FAO NPSNRC'•N CjeCiUa5o ICN KzrfavLt Kt Cr Jnanc:o Surrey Esn Japan.MET[.Esn China(Flong Kongl. S%VI Ss Papa Mapmylndia GS Open$ireetMap runlribulars and the GIS User Community Light Rail Alignment and Station Locations " City of Federal Way A0 75 150 300 450 Feet Federal Way Link Extension 104 ✓118 !IV1.F!-M 24974511 rq mr WB.mrd i Legend + Alignment 1 lllll�At-Grade IBlll{IIIIIII Elevated j • • *Trench —•—•-City Boundary / rrr=WSDOT ROW 1 1 _ 1 SEATAC 1 r ro - zc" DES — m p MOINES a \ O KENT i I ' i FEDERAL WAYI j z I Y r- -t ( , z I j 1 Service Layer Credits.Sources.Esn,HERE,DeLorrne Intermap,increment P Corp,GEBCO,USGS,FAO, NPS.NRCAN Geo Base,IGN,Kadaster NL.Ordnarree-Survey,Esin Japan,METI,Esn Ghina(Hong Kong), st swisopo,Mapmylndia.©OpenStreetMap contributors,and the GIS User Community Light Rail Alignment and Station Locations AIN I I I I I I City of Federal Way 0 75 150 900 450 Feet Federal Way Link Extension 105 3,2)70 r8 I-M E R 3 2491451Tr- rfYla rn,ed Legend Alignment ®At-Grade IIIIIIIIIIIIII Elevated • i i Trench _Station Platform —•—••City Boundary rTT7-m WSDOT ROW r SEATAC DES MOINES KENT Federal Way Fed �yO0 Transit Center Station 0 t i j, FEDERAL- T-T a - WAY I j z I � j I SeTwe Layer Clod,b Sources F:sn HERE,Del_onne Intermap,increment P Corp GEDCJ,USGS,FAQ NPS NRCAN,-Geo8ase,IGN:Kadaster NC,-Ordnance SurVey.ESM Japan,METI,Esn China(Hong KongT, swisstopo,Mapmylndia,©CpenStieeWap contributors,and the GIS User Community Light Rail Alignment and Station Locations " City of Federal Way A0 75 iso 300 aso Feet Federal Way Link Extension 106 EXHIBIT B: LOC RIGHT-OF-WAY CROSS-SECTIONS City of Federal Way Development Agreement 107 This Page Intentionally left Blank 108 T S©UNDTRAN5IT June 30,2017 Marwan Salloum,P.E. 33325 8c+Avenue South Federal Way,WA 98003 Subject: Federal Way Link Extension Letter of Concurrence 003,City of Federal Way Right-of-Way Cross- Sections Dear Mr.Salloum, To meet the Sound Transit Board's goal of starting revenue operations in 2024,it is critical that property acquisition activities begin immediately. Sound Transit anticipates requesting Board authorization to acquire numerous parcels in the City of Federal Way this July. A key activity is confirming that the roadway cross- sections to be improved by Sound Transit are consistent with current City street standards. Your staff reviewed previous drawings and provided comments. This submission identifies the changes and updates the drawings. The following exhibits and drawings depict cross sections for 30th Ave S,S 317th St,Roundabout Approach at 23rd Ave S,Roundabout at S 317th St&23rd Ave S,22nd Ave S,S 318th St,and S 319th St,consistent with the Pre-Final Preliminary Engineering Submittal,dated July 29,2016,which was provided to the City,as well as any City comments on the Pre-Final Submittal and in satisfaction of all City codes. • Drawing L15-CRP301 and Exhibit F-A depict 30th Ave S(revised after Pee-Final submittal) • Drawing L15-CRP351 and Exhibit F-B depict Existing S 317th St(revised after Pre-Final submittal) • Drawing L15-CRP352 and Exhibit F-1 depict the Roundabout Approach at 23M Ave S and the Roundabout at S 317th St and 23rd Ave S • Drawings L15-CRP354,355 and Exhibit F-2 depict 22nd Ave S • Drawing LIS-CRP357,358 and Exhibit F-3,F-4,F-5 depict proposed S 3171h St,S 318th St and S 319th St. Excluded from the set: Exclusion from the set:ST concurs with a concrete roadway improvement of S 317th St between the 23rd Ave S Roundabout and 28tfi Ave S Roundabout The plan sheets will be included in a separate letter. The revisions from the previous Letter of Concurrence submittal are summarized,below: • General Notes added to plans and typical sections • ROW width notation added • Proposed sidewalk width on the north side of S 3171h St adjusted to 12 ft;ST sidewalk width to vary • Toe of cut/fill adjusted to match the proposed ROW line • 22nd Ave S between S 319th and S 320th revised to concrete pavement Central Puget Sound Regiona Transil AuftriLy -Union Station 401 S ,ackson St Seattle YV,A 98194-2826•Reception.(206)398-500C -FAX (206)398-5499 ,Nww scundtransit org 109 • ROW line adjusted on Sheet L15-CRP352 The City of Federal Way requested that the Right-of-Way line be located 12 It behind the curb line along the east side of S 317th St. Doing this puts the ownership and maintenance split in the middle of the sidewalk. Sound Transit requests to keep the Right-of-Way line behind the back of sidewalk as currently proposed for S 317th St,S 318th,and S 319th St. Sound Transit requests the City's confirmation that the Right-of-Way Cross-Sections shown in the exhibits to this letter are consistent with current City Street Standards. Approval is of the cross section design within the Right-of-Way only. Proposed improvements outside of the Right-of-Way are for demonstration purposes only. Please indicate your concurrence by signing below and returning one copy of this letter to us by July 5, 2017 so that ROW certification and property acquisition for the project can continue on schedule. if you have any questions,plea Dan na t(20 )398-5000 or dan abernathy@soundtransitorg. Sincerely0c Dan Abernathy Federal Way Link Extension Director DECM Concurr ce: City of Fe' ai Way 1 By: 7 2c7 Ma n Salloum Date PubliAvorks Director City of Federal Way Exhibits:Drawing and Exhibits Ctjntral?;gel Sound -ransir du;hority•unior.Station �G' Ja.kso+ S� sin( 3,PA 98 +04-_320 R:,:epticr ;206r 398-3000-::-AX 2061396-,-3499 „v!npry 3p.�fitl Urns!f Jl r� 110 � \ !§ )i!§{| t . u . (/ /.i� §§ f$ , o« \ _ 0k ��f�------- ---- � §� b m ' so r e t I f [ 'n >)7 § §/ § ., � � R§! i k\ ' ! � — u * , \ ) ry n . � } 111 d u J •� .A LOCdiia-90 SMO 335 Z rl SWC i u Qzrc `/ \ ! 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LL 0 i'sLL haw a 81' Q I 124 ' ^ 125 eseda�-s��Anna aas ' I Z� oU LU LLZ) 'a W U 2.in a w CO '1 W T6w ;u3 .U•ea:Af-.'�t a_o.aoz sdsc� � Qom+ (�' n i _ d 1 � W 1 �wH F •�w o�1��ww �w7uoi,LU oa mL 1. ; ssna gJ � = U)e w I 1�= a • Km ' 126 mj y o t afz �L H o w�gyg c ` O U �w �a J1 01 rcWmw� °o,^2'a 5,° a w d z o3 o �� aLL'w °LL uw= xw��_j3s� i4 oa+ 1S H10ZES Z ,Z Z W� Ky1J w �poi yw¢w yKww' �3ph> 1O� x~x W ` F Frcw'S �o5 L0 Oa¢ �LLO `{ F W�CJ� �_ u W .Ul _2zw zzu YzZ o Z JVw aa,ezy f Q�11 p W �+ Z,, to W Lu J �• ; LL, .i: U 11 "• I aa.�4� Z, '�.` Is J Jwi uS�Vwi I' ` =a001, � w c N 1 uly n M I LU w f ♦► 1S N1titES _i t �N '1 •: u z i w x WIN 1 - zw q_ mw LL Raw � n"rc° LL LL GSEdNa'SO JMa 33S ' � AHI w 127 Y C eo m O A is C O C N C O 40 a LA s f- 128 W'SOUNUTRANSIT June 26,2017 Marwan Salloum,RE 33325 8th Avenue South Federal Way,WA 98003 Subject:Federal Way Link Extension Letter of Concurrence 003,City of Federal Way Right-of-Way Cross- sections Dear Mr.Salloum, To meet the Sound Transit Board's goal of starting revenue operations in 2024,it is critical that property acquisition activities begin immediately.Sound Transit anticipates requesting Board authorization to acquire numerous partials in the City if Federal Way this July,A key activity is confirming that the roadway cross- sections to be improved by Sound Transit are consistent with current City street standards. Your staff reviewed previous drawings and provided comments.This submission identifies the changes and updates the drawings. The following exhibits and drawings depict cross sections for 30th Ave S,S 317th St Roundabout Approach at 23M Ave S,Roundabout at S 31711 St&23rd Ave S,22nd Ave S,S 318th St,and S 319th St, consistent with the Pre-Final Preliminary Engineering Submittal,dated July 29,2016,which was provided to the City,any City comments on the Pre-Final Submittal and in satisfaction of all City codes, • Drawing LIS-CRP301 and Exhibit F-A depicts 301"Ave S.[revised after Pre-Final submittal] • Drawing LIS-CRP351 and Exhibit F-B depict existing S 317th St.[revised after Pre-Final submittal] • Drawing LIS-CRP352 and Exhibit F-1 depict the Roundabout Approach at 23rd Ave S and the Roundabout at S 317th St&23rd Ave S • Drawings L15-CRP354,355 and Exhibit F-2 depict 22nd Ave S • Drawings L15-CRP3S7,358 and Exhibit F-3,F-4,F-5 depicts proposed S 317th St,S 3181h St,and S 319th St. Excluded from set: f, �,3 • Exclusion from set:ST cuncurs to a concrete roadway improvement of S 317th St between the S 34wh f,\uq_ ,*t Roundabout and 25-Pt S.The plan sheets will be Included in a separate letter. The revisions from the previous Letter of Concurrence submittal are summarized,below: • General Notes added to plan and typical sections. • ROW width notation added. • Proposed sidewalk width on the north side of S 3171h St adjusted to 12ft.ST sidewalk width to vary. • Toe of cut/fill adjusted to match the proposed ROW line. • 22nd Ave S between 31901 and 3201h revised to concrete pavement. Central Puget Sound Regional Transit Authonty-Union SlAon 401 S.Jackson St.,Seattle,WA 98104-2826•Reception:[206)396-5000-FAX (206)398.5499 www,soundlranslt,orq 129 This Page Intentionally Left Blank 130 ESEd113'5 bl OW 33S " a Vol Sol 1 lI � K JHc' { fl y " � WAS �E� 1 • 'T� � ,� p LL vs A 3} r r - 1•� ' II r s •� MOT, ML I �� 4} CL f tp" ;moi C ► z ` too IN Sh IL Lu 4j 131 Y C m O ca C O C a! C aJ do m CL s H 132 EXHIBIT C: MITIGATION PLAN FROM FWLE ROD City of Federal Way Development Agreement 133 This Page Intentionally Left Blank 134 m T N +L. 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J 0 {±< a) z 2 £ `�fw a § k< § ) ■ �� o . = � e o2§ 0 § 0-00 i = FR = w �)\ $ ; c R 2 / (� m22 m £ ■I LO) .2§%\ Wf% 2 � o -- M> § ek)2z-] m a (nt §25CL La 02o k{ d m E aw)�§\ 2 | X77 - E(D.2 !-Lm- 0) D ]) Ec § ) q/I ) s § 2 E CL \ ¥= 2\§ _ ¥ � t i _ ®k k ] c £]/ 7 c k En 0E— 2 ¥ § - E k E � 2 2 \ L) / ) : �00 ¥ w § f ƒkka_ can, 0. LO CO g % j/� j/ \ 5 m # « o . ^+f � § Ike � a.& k 142 EXHIBIT D: LETTER OF CONCURRENCE LANDSCAPING City of Federal Way Development Agreement 143 This Page Intentionally Left Blank 144 T OUNDTRA N'SIT July 20,2018 Edward Walsh,P.E. Public Works Director/PAEC Project Director Public Works 33325 81 Avenue South Federal Way,WA 98003 Concurrence Letter: Federal Way Link Extension(FWLE) Letter of Concurrence City of Federal Way Landscaping Dear Mr.Walsh, A portion of Sound Transit's Federal Way Link Extension(FWLE)project is proposed to be constructed within Federal Way jurisdictional boundaries. Sound Transit requests the City of Federal Way's concurrence with the following proposed deviations from City standards: 1. Deviations related to Sound Transit Vegetation Clear Zone Requirenients: Sound Transit's Design Criteria Manual,which provides the basis for the FWLE Project design,places strict requirements for the type and placement of vegetation in proximity to the Light Rail Transit(LRT)guideway. The reason for these restrictions is to reduce the risk of vegetation falling on the tracks,catenary lines, and/or other associated guideway facilities that may compromise safety and affect operation of the entire system. Sound Transit's Vegetation Clear Zone exhibits(attached Exhibit F-1)illustrate the area required to be free of vegetation, overhanging vegetation, and/or vegetation that poses a risk to safe operation of the light rail system,while maintaining the landscape objectives of Federal Way's landscape design guidelines in FWRC 19.125. To maintain Sound Transit Vegetation Clear Zone Requirements and to achieve these landscape objectives, Sound Transit is requesting deviations from the following Federal Way standards: : City of Federal Way requires street trees to be planted in city right-of-way planter strips (Section 3.5 Planter Strip,City of Federal Way Public Works Development Standards). Sound Transit proposes that within the planter strips under or close to the guideway(Exhibit F2 and F-3), street trees will be proposed in accordance with Sound Transit Vegetation Clear Zone Requirements in Exhibit F-1. • Per Federal Way Designated Street Tree List,street tree species for 23rd Avenue S is Pyrus calleryana var, `Capital' or`Redspire' (Flowering Pear)with a mature height of 351. Street trees with a mature height of greater than 35' along this section of 23rd Avenue S will conflict with Sound Transit Vegetation Clear Zone Requirements. In consultation with the City (attached Exhibit F4), Sound Transit proposes short stature trees(mature height less than 30')Acer tataricum `Ginnala' (Amur Maple)or Cornus mas(Cornelian Cherry 145 Dogwood)or other short stature tree selected and approved by City of Federal Way from tree list in Exhibit F-1 for the section of 23rd Avenue S from S. 317th Street to S 320th Street that will be affected by the Sound Transit Vegetation Clear Zone Requirements. • All street trees not included within identified vegetation clear zones shall be per City standards. • The City shall approve all Right of Way Landscape Plans along the guideway prior to planting. • Tree replacement in Federal Way's jurisdiction shall be addressed as follows: o All trees removed within parcels being acquired by Sound Transit shall be replaced per Federal Way Revised Code(FWRC) 19.120. o All trees removed within project temporary construction easements for parcels that do not meet tree density per FWRC 19.120 as a result of the tree removal shall be replaced with a mix of tree types from the list of approved species in Exhibit F-1 at the ratio of one new 2"caliper deciduous tree or 6 feet height evergreen tree per tree removed. o Replacement trees shall not conflict with Sound Transit vegetation clear zone. 2. Deviations related to Trash Enclosure and Property Line Screening Requirements: • Per FWRC 19.125.040,trash enclosures are required to be screened with Type III landscaping consisting of trees,shrubs,and ground cover.The Federal Way Transit Center Station trash enclosure highlighted in Exhibit F-3 is proposed to be placed under the guideway. Sound Transit proposes landscape screening for this enclosure per FWRC 19.125.040 with the clarification that landscape screening provided will be in accordance with Sound Transit Vegetation Clear Zone Requirements in Exhibit F-1. • Per FWRC 19.125.060, a Type III landscape strip is required along the perimeter of all property lines. Sound Transit proposes a landscape strip on Sound Transit owned properties per FWRC 19.125.060 with, the clarification that vegetation will be proposed under or close to guideway in accordance with Sound Transit Vegetation Clear Zone Requirements in Exhibit F-1. • All areas not included within vegetation clear zone areas shall be per City Development Standard and City Code. ■ All landscaping materials that do not conflict with the vegetation clear zone(shrubs, ground cover,etc.)shall be provided per City Development Standard and City Code. • The trees required per FWRC at a location that conflicts with Sound Transit Vegetation Clear Zone requirements,shall be planted at another location within Project Area, in close proximity of the original location. • The City shall approve all Right of Way Landscape Plans along the guideway prior to planting. The City shall approve all Right of Way Landscape Plans for landscaped areas alongside station area street frontages prior to building permit issuance. • Modification to any landscape standards shall meet the criteria in FWRC 19.125.100(2)at the time of land use approval process of the project including demonstration that such modification will result in an outcome which is equal or superior to that resulting from strict adherence to the standard. 3. Deviations related to Federal Way Transit Center Station character-and accessibility Per FWRC 19.125.060,the perimeter of parking lots are required to be screened from adjacent rights-of-way with Type III landscaping. Sound Transit requests following code clarifications that 146 meet intent of the code for providing"partial visual separation of uses and softening the appearance of parking area"and compatible with Federal Way's City Center character: • The landscape strip for screening the station's short-term parking lot along 22nd Avenue S is being proposed with shrubs no more than 36-inches in height at maturity.The intent is to maintain the urban character and continuity of the street front as well as to adhere to Crime Prevention Through Environmental Design (CPTED) guidelines to avoid hiding places by limiting vegetation height. • No landscape strip will be provided along the area highlighted in Exhibit F-3 adjacent to the short term parking lot. This is being proposed in order to adhere to CPTED guidelines to avoid hiding places and to maintain access and clear visual sightlines for people alighting from their vehicles and using the station area plaza space, • The City shall approve all Right of Way Landscape Plans along the guideway prior to planting. The City shall approve all Right of Way Landscape Plans for landscaped areas alongside station area street frontages prior to building permit issuance. Modification to any landscape standards shall meet the criteria in FWRC 19.125.100(2)at the time of land use approval process of the project including demonstration that such modification will result in an outcome which is equal or superior to that resulting from strict adherence to the standard. The Following exhibits and drawings depict Sound Transit Vegetation Clear Zone Requirements and areas of deviations consistent with the Pre-Final Preliminary Engineering Submittal,dated July 29,2016, which was provided to the City and updated to address City comments. Exhibit F-1, showing Sound Transit Vegetation Clear Zone • Exhibit F-2, showing Federal Way's right-of-way areas of deviation from street tree standards • Exhibit F-3,showing Federal Way Transit Center station area deviations. ' • Exhibit F-4,showing Federal Way's preference for street trees close to guideway Sound Transit requests the City's concurrence with the deviations from City standards listed in this letter. Please indicate your concurrence by signing below on both copies and returning one copy of this letter to us by July 25, 2018 3 147 Please indicate your concurrence by signing below. Sincerely, Dan Abernathy - Date FWLE Executive Project Director Engineering Design, Engineering and Construction Management Sound Transit Concurrence: City of Federal Way By: Edward Walsh, E. Date Public Works Director/PAEC Project Director Attachments: • Exhibit F-1,showing Sound Transit Vegetation Clear Zone • Exhibit F-2, showing Federal Way's right-of-way areas of deviation from street tree standards • Exhibit F-3,showing Federal Way Transit Center station area deviations. • Exhibit F-4, showing Federal Way's preference for street trees close to guideway 4 148 0 N ca m a� y 0 Am d � m-0 � -0 - a o J, . .j 13 } v CL m m c as C 0E E ` o a a � a:) o r fuM v -, b� .Q� >' a o Q �^ IT U o cucu mQ 1 t o o C' CL ro-- cu -0 u !, o Lu -3 %A C7 O C- Z3 > Q! 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IO I 0 z h y I LXW i I z w00w z a r o ZZw m c mat O O }0 W g v uv o c Lz 3=rc < a O N ra io I S W g wz w W Z Q L LL r ID O V — O aj a I SIL v~ I I N ISM co Yv LU _ I ar "t w c .3 �_ I - Y LOU � Q "LS � i I- - 1,'' I ivds U Z p LLV LU j w v v ° ! ft tx O tJ�� t�iy q9e Q pl, o M ML f} 9 1S H11[ES .� .%® , t �x Q m _ a LL LL `t W E a axw I namz I umna 164 EXHIBIT F-3: Federal Way Transit Center Station Deviations All- i" �•� ,,,::..� , R• ay a7 vas. ndcibout a -- -- - -- - - - - - =- - - —� TP55 / I .'9 ;r? +�> Trash enclosure screening requirement per FWRC 19.125.040 ,. s ciliary Space � rage� - Construction Staging/ Potential future j. opportunities t 't" �t r N4 °t SII ;. Verb lation "lip Of Stairs,'* -►. y Cente Perimeter of parking lot screening ' requirement per FWRC 19.125.060 _ Ate, er P - r. - A : Shout m. n .� Vertical Cirlolation 1p ,lam* Rpmp j� He . . ` a t IL Al Par@trans - " & Passenyo or% j � ; �]] Drop-otf r i.♦ i • 9 r 4 is �.: Not to Scale , Draft for discussion purpose only-Not reviewed or approved on behalf of any party EXHIBIT r-4: Federal Way's Preference for Street Trees Close to Guideway From: Ann Dewe To: __ol hall ai..: Cole Elbott Subject: FW: Street Trees for under the Guideway Date: Monday, April 10,2017 10:35:25 AM Cole and Shikha, The following trees from the list on Exhibit ld (March 22, 2017 Agenda) are City of Federal Way's preferences for Street Trees (please use single-trunk specimens): Trees<20'Tall Acer tataricum 'Ginnala' . Amur Maw Cornus mks — Cornillzin Cherry QQgwood Trees< 30 'Tall Corous 'Fddie's White Wonder' - fddre's White Wonder 0o sLo_d A+_ei saccharum Barrett Cole' Apollo - Aool o fyl�i� Trees<40'tall A�tr I carwegianSr_:n5 t��I VU21?n Si',nset MdplR Trees<50' tall Cornus nuttallii Pacif c_U :,�! Please give me a call or email if I can provide any more information. Ann Dower Senior Engineering Plans Reviewer '$.-AFederal Way Public Works Department 33325 81'h Ave S, Federal Way, WA 98003 Desk: 253.835.2732 1 Fx: 253,835.2709 city]>>rr 166 EXHIBIT E: CONDUIT PLAN AND SECTION City of Federal Way Development Agreement 167 This Page Intentionally Left Blank 168 molal 33S Z 193HS 339 z O 15 LL z z cOi) _ •- t - / r W OE - 0 In } W X I /f r < 00W r, / LLJ Q J I i I u- ! xe o Lu W � LL 1 J O coCL`a i `! o 0.\ lr ' 16 o C CL ca T11LL L • w r, Lij 2 /• Z // ` ` _1 LL 2 fr^ I , �e 8 a n s 3A09V 33S 169 M0138 339 C 133HS 33S Z F— N z O w Z U m ¢ m LLJ I _ r LL Z l ------- < >- Q I w Q I I /� a L.L ui I - --� w --J o LL O I -- > i ,� ---- U I I > o CL CL 1 z m L — L_ z LL I � , i -- -' p I ! a I { W I - -- L L 193HS 33S 3AOBV 33S 170 mol3s 33S z C'), > LD LL ul z U) x 0 F— LLI 0 >- LLI >< < CO LU LL Z uj LL z L3 Lu 0 U- -7-7-, :% CL cc 0 0 CL 0 0 (D 0 CL CL NkK 0 ——--———————— LL ---------- Al ---------- ui Z 133HS 33S 3AOSV 33S ol. 171 ZF- , O LL -� Z p 0. x p Z 1 YUO r z U ' < LIJ U) LL I J LU } 11 o O 1' w p W t W n LL U) O LL O 1 + 2 T 7 W Q w N - 89 1 t O f 1 y O A O r —'?nba�sMrU3£�eaoad—_ •••—•••—• 1 I w ' I I f ! I LL O l � I w a f \ I J a \ I F m \ � o c „a I F Z 1 a I < .2:1w t` C lf O 1 N \ 0 t f d 7 u O. t C \ w O t 'M a' N O I AA t 11 LL r p i 172 .. ...,..m,,., z CN eLL U) O O \ § z k y U O 01 ' j � H \ kms � m U) )k O � / ! §E&w E - b } 7 < / � b —---—---—-, _e—---—---—---—-------—---—---— i LL , Off : , ! a . C: / --- 3 ° \ \ � � LU / 2 C ° � �_ , � • o k ' / cc t . z E ' d ° \ CL § i 0 � \ d ) k . 9j 2 F— \ S - D n ! ; 2 , � \ jL � 173 z F- M O Z) LL V5 p 0 W Z (n Y0U0 w C~) < m 'w'^^ I U) I Q 0 I II LL 1 ~ J U \\ z '- LU Q F- 0S o w w D LL p �1 U p O u U o W a L 2 ui 1 H Z N o a \ W O V 3 Y M- x g g - 2 o 1 0 O o I ~ � whlaHl \ w s < N y w O d \\ g LL. O li. Z \ I., F �! �j rc o 1 rn \ , o v� a Q `II� c I1 I N 1 � 1 _ _ j I ? V I! 1 0 to I 4O 3 I UL p 22 i hr L 174 EXHIBIT F: CODE VESTING City of Federal Way Development Agreement 175 This Page Intentionally Left Blank 176 DRAFT City of Federal Way Code References This table identifies codes which shall be vested by the City of Federal Way. The version of the code vested shall be the version that is adopted and in effect at the date of the execution of the Development Agreement,unless otherwise noted in this table.Vesting will apply to the FWLE light rail project and related transit amenities included in the Design-Build contract,and will not apply to alterations to commercial and residential type buildings impacted by the construction. City of Federal Way—Codes and Standards International Code Council(ICC) with published or adopted state and local amendments: International Building Code(IBC)2015 International Mechanical Code(IMC)2015 International Fire Code(IFC)2015 International Fuel Gas Code(IFG)2015 International Energy Conservation Code(IECC)2015 American National Standards Institute(ICC/ANSI)A117.1-2009 Department of Justice ADA Standards for Accessible Design International Association of Plumbing and Mechanical Officials(IAPMO) Uniform Plumbing Code,2015 National Fire Protection Association(NFPA)standards with published or adopted state and local amendments: NFPA 10 Standard for Portable Fire Extinguishers 2018 NFPA 13 Standard for the Installation of Sprinkler Systems 2016 NFPA 14 Standard for the Installation of Standpipes Private Hydrant and Hose Systems 2016 NFPA 20 Standard for the Installation of Stationary Pumps for Fire Protection 2019 NFPA 25 Standard for Water Based Fire Protection Systems 2017 NFPA 54 National Fuel Gas Code 2018 NFPA 70 National Electrical Code(NEC)2017 NFPA 70E Electrical Safety in the Workplace 2018 NFPA 72 National Fire Alarm Code 2016 NFPA 101 Life Safety Code 2018 NFPA 110 Standard for Emergency and Standby Power Systems 2016 NFPA 130 Fixed Guideway Transit Systems 2017 NFPA 2001 Standard for Clean Agent Fire Protection Systems 2018 Federal Way Revised Code Title 6—Public Safety and Welfare 177 DRAFT City of Federal Way Code References Title 8—Traffic and Vehicles Title 11—Utilities Title 13--Buildings Title 14—Environmental Policy Title 16—Surface Water Management Title 19—Zoning and Development Code Other City of Federal Way Standards City of Federal Way Public Works Department Development Standards,July 2017 178 EXHIBIT G: LOC ENVIRONMENTALLY CRITICAL AREAS IMPACTS City of Federal Way Development Agreement 179 This Page Intentionally Left Blank 180 V'"SOUNDTRANSIT December 5, 2017 CHAIR Dave Somers Snohomish County Executive EJ Walsh, P.E. VICE CHAIRS City of Federal Way John Marchlone 33325 8th Avenue South Redmond Mayor Federal Way, WA 98003 Marilyn Strickland Tacoma Mayor Subject: Federal Way Link Extension Letter of Concurrence, City of Federal Way Regulation of Environmentally Critical Area Impacts BOARD MEMBERS Nancy Backus Dear EJ: Auburn Mayor Claudia Balduccl King County Councilmember To meet the schedule identified in the Sound Transit 3 (ST3)plan of starting revenue operations in 2024, it is critical that environmental permits for the Jenny Durkan I� I� Seattle Mayor Federal Way Link Extension Project(FWLE) be acquired in a timely manner. Fred Butler Staff from City of Federal Way Community Development and Public Works and Issaquah Marr Sound Transit met on Rily 25, 2017 to discuss permitting impacts to Dow Constantine environmentally critical areas(ECAs)within the City of Federal Way. In King County Executive particular, wetlands, streams, and associated buffers as defined in Chapter Bruce Dammeler 19.145 of the Federal Way Revised Code (FWRC)were discussed. This letter of Pierce County Executive concurrence summarizes Sound Transit's understanding of how the City will Dave Earling regulate ECAs for the FWLE. Edmarais nray»r Rob Johnson The segment of FWLE alignment in the City of Federal Way is located mainly Seattle Councilmember within the WSDOT right-of-way(ROW)of Interstate 5 (1-5). The City of Kent Keel Federal Way has determined that it will only regulate ECAs that are outside of University Place Maywr Pro Tem I-5 ROW for the FWLE. The City of Federal Way will not regulate ECA Joe McDermott impacts located within 1-5 ROW for the following reasons: King County council chair Roger Millar Washington Slate Secretary • RCW 47.52.090 gives exclusive regulatory jurisdiction to WSDOT; ofTransporlalion • Both Sound Transit and the City wish to streamline permitting on the Mary Moss FWLE; Lakewood Councilmember • There is small amount of wetland and stream impacts within WSDOT Paul Roberts ROW; and Everett Councilmember • Wetland and stream impacts within WSDOT ROW will be regulated and Dave Upthegrove mitigated as required by the US Corps of Engineers, WA Department of King County Councilmember Ecology, and WA Department of Fish and Wildlife. Peter von Relchbauer Kang County Councilmember Prior to any construction activity, Sound Transit will be required to provide copies of WSDOT approval to the City of Federal Way that the FWLE has CHIEF EXECUTIVE OFFICER complied with applicable federal and state regulations for impacts to wetlands Peter M.Rogoft and streams within WSDOT R-OW. Central Puget Sound Regional Transit Authority•Union Station 401 S.Jackson St.,Seattle,WA 98104-2826•Reception:(206)398-5000-FAX:(206)398-5499 www.soundiransit.org 181 Sound Transit requests the City's concurrence with the approach for regulating ECA's within Federal Way, as described in this letter. Please indicate your concurrence by signing below and returning one copy of this letter to us so that permitting for the project can continue on schedule. If you have any questions, please contact Ellie Ziegler at(206) 398-5135 or ellie.ziegler@soundtransit.org. Sincerely, Dan Abernathy Federal Way Link Extension Executive Project Director Design Engineering and Construction Management Sound Transit Concurrence: City of Federal Way EJ Waist, P.E. Date Deputy Public Works Director City of Federal Way Central Puget Sound Regional Transit Authority•Union Station 401 S.Jackson St.,Seattle,WA 98104-2826•Reception:(206)398-5000•FAX(206)398-5499 www,soundtransit.org 182 EXHIBIT H: LETTERS OF CONCURRENCE STORMWATER MANAGEMENT City of Federal Way Development Agreement 183 This Page Intentionally Left Blank 184 CITY OF CIT' FIALL _ 33325 8th A venue South federal Vr/ay.WA 98003-6325 (253)835-7000 WMV ciryoF?de:r hopy.cam Jim Ferrell, Mayor May 2,2017 Mr.Dan Abemathy,P.E. Sound Transit 401 South Jackson Street Seattle,WA 98104 RE.Stormwater Management for the Sound Transit Federal Way Extension Project Dear Mr.Abernathy, This letter summarizes the City of Federal Way's position on the stormwater quality design methodology to be used for the above project within the City limits/watersheds. Currently Stormwater Management and design are governed by the 2016 King County Surface Water Design Manual, City of Federal Way Addemlam to The King County Surface Water Design Manual and the Federal Way Revised Code. Sound Transit's stormwater design requirements shall be govemed by the most recent versions of these documents that are in effect at the time of project vesting. The train guideway is an impervious surface and shall provide for stormwater management and flow control based upon the proposed points of discharge, If the train guideway should be considered a pollution generating surface has been discussed during preliminary review of the guideway alignment. Sound Transit has submitted documentation to support a claim that the guideway is a Non-Pollution Generating Impervious Surface (NPGIS) for City review. The support information included the following: ■ Evaluation of Light Rail Systems as Non-Pollutant-Generating Impervious Surface, Technical Memorandum,Geosyntec Consultants,4 February 2015. • Sound Transit East Link Project: Hydraulic Methodology within Bellevue, Memorandum from Paul Bucich,City of Bellevue Storm and Surface Water Technical and Policy Advisor,to Arturo Chi and Maher Welaye, City of Bellevue,January 15,2013. • Brake Force Diagram, e-mail from John Sleavin, Sound Transit, to Maher Welaye, City of Bellevue, December 4,2012. • Material Safety Data Sheet—Carlisle Brake Lining • Material Safety Data Sheet—Super Lube • Endangered Species Act Section 7 Informal Consultation...East Link Light Rail construction between Seattle and Redmond, letter from NCAA National Marine Fisheries Service to Regional Administrator of the Federal Transit Administration,December 7,2010. • Biological Assessment Informal Consultation, letter from United States Department of Interior, Fish and Wildlife Service,to Regional Administrator of the Federal Transit Administration, February23,2011. 185 • Stormwater Management for all Segments, excerpt from the East Link Biological Assessment, October 2010. • Update of Light Rail non-PGIS Analysis, Technical Memorandum, Herrera Environmental Consultants, Inc.,December 31,2009. • Super Lube Railroad Grease Environmental Information Review, Technical Memorandum, Herrera Environmental Consultants,Inc.,September 22,2010. • Modeling Ballasted Tracks for Pollutants, Colorado Department of Transportation,August 2012. • Railways as Pollution-Generating Surfaces, letter from Department of Ecology Water Quality Program to Sound Transit,February 4,2015. • Sound Transit 2014 Long-Range Plan Update Draft Supplemental EIS, letter from Department of Ecology Northwest Regional Office to Sound Transit,July 24,2014 • Stormwater Management Manual for Western Washington(excerpt:pages 2-5 through 2-9),August 2012. • Copper Residue Collection and Analysis,ST Link Light Rail Project;LTK Link Systems Project team,June 6,2000. • Characterization of Stormwater Runoff from Light Rail Transit Area; Water Environment Research, Volume 87,Number 9,September 2015. • SeaTac/Tukwila Letters of Concurrence with NPGIS Determination;2004. • City of Redmond:Stormwater Management in Redmond,June 4,2015. Federal Way staff has reviewed these materials and has concluded, based upon the information presented,that the guideways may be considered a non-pollution generating impervious surface. Accordingly,as previously stated,the guideway will require onsite stormwater management and flow control based upon the points of discharge,but does not require water quality treatment. Site specific requirements will be determined at the time of permit review. For example, run on stormwater from adjacent roadways that are allowed to intermingle with guideway runoff will require water quality treatment. In the event that Ecology makes a determination that light rail guideways are pollution generating, Federal Way reserves the right to require treatment during the design phase of the project- If Sound Transit changes how the trains operate, and the change increases pollution, the City reserves the right to require water quality treatment improvements in future Sound Transit projects. We look forward to continued cooperation with Sound Transit to extend the light rail system to the Federal Way s(ati n while ensuring the City's surface and groundwater are protected. 1 Re\pe [fully. Manva Salloum,P.E. Public Works Director CE/MS:mt cc* Coie Elliott.Development Services Manager Rick Perez City Traffic Engineer Brian Davis,Community Development Director David Van De Weghe,Senior Planner Leila Willoughby-Oakes,Associate Planner Duyfile k:\correspondence\20I 71st waterquality letter docx 186 a SOUNDTRANSIT August 31,2018 Tony Doucette,P.E. Sound Transit Liaison Department of Public Works City of Federal Way 33325 81h Avenue South Federal Way,WA 98003 Subject: Federal Way Link Extension Letter of Concurrence (#SD-2),City of Federal Way Project Classifications for Determining Stormwater Design Standards. Dear Mr. Doucette, To meet our mutual goal of starting revenue operations in 2024,it is important that stormwater management design standards are agreed on between the City of Federal Way and Sound Transit prior to the request for proposals to select the design build contractor. Your staff has had the opportunity to review the stormwater management concept and provided comments. This letter of concurrence summarizes where the different project classifications (e.g., New Development and Transportation Redevelopment)are applied to the project. The attached Stormwater Facility Design Standards Exhibit has been updated based on comments from the City and to match the current design. The Exhibit uses color coding to identify the different project classification areas and the stormwater management standards that will be used to assess the applicable requirements in those areas. The Exhibit shows the area breakdown based on the current Conceptual Design,which may change slightly as the design progresses through Final Design. The stormwater runoff from the improvements within City right-of-way in the Federal Way Station area(S 317th Street,S 318th Street,S 319th Street,21st Avenue S,22nd Avenue S,and 23rd Avenue S)will be assessed using the Transportation Redevelopment Requirements in accordance with the King County Surface Water Design Manual,as adopted by Chapter 16.20 of the Federal Way Revised Code (FWRC) and the requirements for Nonconforming Water Quality Improvements provided in Chapter 19.30.120 of the FWRC. The stormwater runoff from the improvements within Sound Transit properties will be assessed based on the New Development Standards in accordance with the King County Surface Water Design Manual,as adopted by Chapter 16.20 of the FWRC and the requirements for Nonconforming Water Quality Improvements provided in Chapter 19.30.120 of the FWRC. Central Puget Sound Regional Transit Authority•Union Station 401 5 JaCkSon Si..Seattle.%NA!WD4.2828,Reception-('2%)398-SOM-FAX,(206)398.5499 www.soundtransit.org 187 Sincerely, �' L/`'**��+•EFF}. Dan Abernathy Executive Project Director Federal Way Link Extension DECM Sound Transit Concurrence: City of Federal Way By: / za: LI-ITony Doucette Date Sound Transit Liaison City of Federal Way Attachment:Stormwater Facility Design Standards Exhibit, dated 8/27/2018 Central Puget Sound Regional Transit Authority•Union Station 401 S Jackson St. Seattle,WA 98104.2826.Reception:(206)398-5000•FAX.(206)398-5499 www.soundtransit.org 188 H 0 0 w z r X C/) � w W >, cn0 LL ii g a Q C) N Z 1 o o < LL o w fA 1 F g u.. OD ll r Z o C r .0 F-- W o E z z;°Ow On w co \\ p } \\ ��a a J °a N Q r LL t w �\ 1 • -YLLI \ill s � U) r rr ry J ; i r fit wL 189 H.,...,.... Y C m CJ 1 is C O C C 00 m m N S 190 V'SOUNDTRANSIT October 8,2018 Tony Doucette Sound Transit Liasion Department of Public Works City of Federal Way 33325 81h Avenue South Federal Way,WA 98003 Subject: Federal Way Link Extension Letter of Concurrence (#SD-3),Stormwater Vaults in the Federal Way Station Area Dear Mr. Doucette, To meet our mutual goal of starting revenue operations for the Federal Way Link Extension in 2024,it is important that the stormwater management concept is agreed on between the City of Federal Way and Sound Transit prior to the request for proposals to select the design-build contractor. Your staff has had the opportunity to review the stormwater management concept and provided comments. This letter of concurrence (LOC) provides a brief summary of the attached Stormwater Facility Design Standards Exhibit. The approach for managing stormwater runoff from the Federal Way Transit Station and the proposed roadway improvements in the vicinity of the Station utilizes separated water quality and flow control facilities to manage runoff from Sound Transit,City of Federal Way,and private properties. The owner of the property from which the stormwater runoff is generated would also own and maintain the associated stormwater facilities and the conveyance system to those facilities. This approach provides a clear division of ownership,maintenance,and operation responsibilities for the life of the facilities. This concept of providing separated stormwater facilities for the city right-of-way, Sound Transit properties, and construction staging areas is summarized below and shown in the attached Exhibit. City Right-of-way Areas The City of Federal Way will own and maintain the water quality,flow control,and conveyance systems required to manage the stormwater runoff from the proposed right-of-way improvements as shown in the attached exhibit. Sound Transit Property Sound Transit will own and maintain the water quality,flow control,and conveyance system required to manage the stormwater runoff from the proposed improvements on Sound Transit properties as shown in the attached exhibit. 191 Construction Staging and Other Areas Stormwater management for the areas outside of the city right-of-way and property retained by Sound Transit will be provided by the property owner when activities on the properties trigger the City's stormwater requirements. For the temporary construction areas,the design-build contractor will be responsible for managing stormwater on site in accordance with the City stormwater requirements. Sincerely, Dan Abernathy Executive Project Director Federal Way Link Extension DECM Sound Transit Concurrence: City of Federal Way By:<6K - -- / 4�_?/2411t Tony Doucette Dari: Sound Transit Liaison City of Federal Way Attachment: Stormwater Facility Design Standards Exhibit(Dated 08/27/2018). ent+BP Qut at 5S7unif Rrg qn?il Transit Authority •Un{on 5,+ouon 401 S Jackson St Seattle WA 981 Q4-2826•Reception.(206)396-5000•FAX (206)398-5499 www soundtransit org 192 S Z �- O m O w _ X W >+ Y Z � JpN } LL CO Q L Q LL 1lo 11 W U) m (n r^ N Z V ti \r qa ow vJ W c > W W Z \\ m zm o9 Q) _~ i" ° U W, 2 ui r NA%\ rn 1 1 I tgHJ 6ZES /� .��.•� w J n ��, " —, IV 7 pp kyr - 7 _ /1f \1 15 H191CS f L 193 Y C O m O J m C O GJ C O m m CL An r H 194 EXHIBIT I: ON-STREET PARKING INVENTORY - STUDY AREA City of Federal Way Development Agreement 195 This Page Intentionally Left Blank 196 i i dv dog.0b ;1y S 3,G f'l-i S f, �� s,.. ♦40 i '. / S_117TH S14T _. Federal Way Q_ i J Transit Center r c�:�,rEr�:~` �. 5tatian ! S 320 FH ST I fi I if i 5 V2ND'ti; • X40 NOTE: On-StreetParking-StudyArea.will include new streets constructed as part of'FLWE Project,:if'parking'is-allowed(only after conditions studied). :_ Legend !Alignment Street Q Station City Boundary � Ev 1/4 Mile Radius 7a:z Sav ries:K1zg County,Qtres afDss Woes,Fed"Wey,Kew,SeaTx(2015J. 6125120181 FWLE_Ph3_249745 i OnStreetParking.mxd EXHIBIT N Au 200 400 800 Feet Federal Way Link Extension-South King County WA 197 This Page Intentionally Left Blank 198 EXHIBIT J: PEDESTRIAN CONNECTION IMPROVEMENTS TO S 320TH PARK & RIDE City of Federal Way Development Agreement 199 This Page Intentionally Left Blank 200 c C) rno m m I T r m co c c a-0 c rnE o . CUC: 00 O .y 7 N — to C T tY O (c6-0 U a. a f W (0 Q ma F- (n s T Y9 (IS N i 'I U) Z IL X J N a Q Q SQc wo 07.. I f� ■ z •i O i � O q • i6 od U v!' C N — • (U N V Ln o p tltl ► a E c . 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O z J I O 0 U 0. > U a = co co rn t aCL O i U) s_ y f•- � � O o LL Q 0 N 1 U O O t N L� 2 EXHIBIT K: PRELIMINARY PERMITTING PLAN City of Federal Way Development Agreement 203 This Page Intentionally Left Blank 204 Federal Way Link Extension Project Preliminary Permitting Plan 1. Purpose This Preliminary Permitting Plan ("Preliminary Plan")was developed by Sound Transit in coordination with the City to establish a framework for the permitting of the Federal Way Link Extension Project ("Project") by the cities of SeaTac, Des Moines, Kent, and Federal Way. It is intended to inform the development of the Final Permitting Plan,which will be the responsibility of Sound Transit's eventual Design-Build Contractor("D-B Contractor".) This Preliminary Plan describes anticipated design submittal packages by type,quantity and a potential range of plan sheets. The type and number of potential permits required for the Project are also described. This Preliminary Plan also includes the anticipated time for City review and action on the submittal packages and permits. The Preliminary Plan is intended to provide a level of certainty and predictability for Sound Transit,the local jurisdictions, and the D-B Contractor as it relates to the Project permitting process. The Preliminary Plan reflects Sound Transit's best efforts at anticipating D-B Contractor submittal packages, based on recent agency experience. It also reflects input from the local jurisdictions regarding the time, expressed in calendar days, needed for City action on the submittal. The commitment for timing of City action is based on assumptions regarding type and number of submittals and number of plan sheets. It is understood by Sound Transit,the local jurisdictions,and will be understood by the D-B Contractor that,to the extent the Final Permitting Plan differs from these assumptions,the timing for City action will be negotiated between the City and the D-B Contractor. 2. Background Existing and anticipated agreements between Sound Transit and the local jurisdictions provide the basis for enacting the framework commitments of this Preliminary Plan—specifically,the forthcoming FWLE Development Agreement(anticipated to be complete for all cities by the end of 2018)and the City Services Agreement,executed in 2017. This Preliminary Plan is anticipated to be an exhibit to the Development Agreement and provide a basis for an understanding between Sound Transit and the cities regarding design review and permitting. The City Services Agreement sets forth the terms by which Sound Transit and the City will work cooperatively during design, permitting, and construction and provides the means for Sound Transit to enter into Task Orders with the City whereby financial compensation is provided. Sound Transit intends to continue to collaborate with the City to develop Task Orders as part of final design review and to use the Preliminary and Final Permitting Plans as the basis for staffing under future Task Orders. However,with submittal of the Project's permitting package(s)to the City,the D-B Contractor will be responsible for the payment of permit fees to cover City staff time,and Task Orders will only be used to reimburse the City for dedicated Staff time pursuant to negotiated Task Orders. 205 3. Preliminary Plan Overview Design Packages Table: The "Design Packages"table in the Preliminary Plan identifies the anticipated design submittal packages as well as a range of total milestone submittals by design package that may be provided by the D-B Contractor at each milestone (i.e., at 60%,90%). • Column Heading: "Elements for Milestone Review" indicates the major subject of the submittal (e.g.,civil, utilities,track,etc.) • Column Heading:"City Department/Division" indicates the City department/division anticipated to review the submittal. • Column Heading:"#of Milestone Submittals" provides a range of anticipated submittals for a specific element. • Column Heading: "Total Plan Sheets per Milestone Submittal" indicates the anticipated number of plan sheets that would be part of each milestone submittal. • Column Heading: "Turnaround Time per Package" indicates the anticipated City time to act on the milestone submittal in calendar days. The City's commitment for turnaround times is predicated on an estimated number of plan sheets per submittal,as indicated in the notes section. It is understood that the range of City turnaround times for a package is commensurate with the size of the submittal and that timing will change commensurate with the submittal, and based on the Final Permitting Plan from Sound Transit's eventual D-B Contractor. There are some submittals for which no City action is required. These submittals will be provided to the City for courtesy review. Permitting Packages Table: The"Permitting Packages"table in the Preliminary Plan provides a rough estimate of the type and number of permits that will need to be pulled by Sound Transit's eventual D-B Contractor,the City departments that will be involved in review, and whether the City intends to provide inspection services. The Project will secure all required permits, regardless of whether they are included in this table. • Column Heading: "Permit"indicates the permit type that is anticipated for the Project. • Column Heading: "City Department/Division" indicates the City department/division anticipated to approve the permit. • Column Heading: "City to Inspect" indicates whether the City intends to perform inspection services of Project elements constructed as part of the permit. • Column Heading:"#of Permits" provides a range of anticipated permits by type that may be required. • Column Heading: "Turnaround Time per Permit" indicates the anticipated City time to approve the permit in calendar days. Assumptions regarding timing for City permit approval were based on input and conversations with the local jurisdictions. Time to approve the various permit types by the City is expressed in calendar days. 206 Summary This Preliminary Plan provides the framework for development by Sound Transit's eventual D-B Contractor of a Final Permitting Plan.The final plan will be reviewed and approved by Sound Transit and the cities of SeaTac, Des Moines, Kent,and Federal Way as part of Project construction. The Development Agreement,to which this Preliminary Plan is an exhibit,documents commitments between Sound Transit and the individual cities for managing the design review process. The City Services Agreement, and the Task Orders issued pursuant to its terms, provide a mechanism for reimbursing the City for time spent reviewing design submittals at the 60%and 90%completion level. The eventual D-B Contractor will be responsible for payment to the Cities of permitting fees as well as development of the Project's Final Permitting Plan. 207 Design Packages Permitting Packages 's :g ,z � 03 a E � Y o � 3 3 v ; E t E C 3( N L n E s 9 = a 12 GII m div �E mp e u o u LL F N E %n Q€�8 EaE t m I 4 s A E3 a u 9 c E E EE E Ea y o e u a& LnX 0 3 = o _ E u a— E m m=c LL € a •• E.. ri Y yEa ow` E _�2 E c g t E Em55 S d.Fr 208 C m m CJ C O C tkON C 4J m a r f- 209 EXHIBIT L: TPSS SELF-CERTIFICATION LETTER City of Federal Way Development Agreement 210 This Page Intentionally Left Blank 211 750UNDITRANSIT October 15, 2018 Tony Doucette CHAIR Dave Somer Sound Transit Liaison Snahanrslr Co+uir� L.ww bs recnnrre Department of Public Works VICE CHAIRS City of Federal Way Ron Lucas 33325 81h Avenue South sleilacooni:livor Federal Way,WA 98003 John Marchione Redmond Wa,a/- Concurrence rConcurrence Letter: Federal Way Line Extension Letter of Concurrence City of Federal Way TPSS and Signal System Electrical BOARD MEMBERS Permitting Nancy Backus Dear Mr. Doucette: David Baker Kerauore'vat or Sound Transit is requesting the City of Federal Way's concurrence with the Claudia Balducci king C Dunn Carna(menb,r following proposal for permitting of Traction Power Substations (TPSS) and Dow Constantine train signal system electrical permitting as part of our ongoing partnership King com,!7 E..,eculne with the city. The purpose of this letter of concurrence is to request the City Bruce Dammeier of Federal Way grant Sound Transit the ability to self-certify and self-label Pierce Counn Eseaan e TPSS's and wayside signal electrical equipment(signal bungalows,houses, Jenny Durkan and cabinets) installed in the City, as previously approved by the State of sealr!e lAnior Washington Department of Labor and Industries (L&I) on May 10, 2002 and Dave Earling reaffirmed by the same on August 31, 2017 (please see Attachments B and C). Edmonds Maiw Rob Johnson This request for self-certification and labeling is limited to the self-contained 5caille carmcibnember units installed (TPSS,signal bungalows, cabinets, etc.) and is not intended to �r KenPKeellace t�a a limit the City's interest in or expectation of permitting and inspecting any ground excavation or TPSS foundation construction,including the issuance of Joe McDermott a building permit,that may be entailed as part of installing these units. Karg(011111V Cowin/Chau Roger Millar I-Vashingron Srnle Jecreran Based on WAC 296-46B-010(16) & (23), Traffic Management Systems, L&I olT,anspor,a!ion determined Sound Transit can act as its own laboratory to self-label and self- Paul Roberts certify their equipment in lieu of an approved testing laboratory. Sound Eer'ell Connc,l President Transit's TPSS and wayside signal electrical equipment are railway Wal op Pro Tenn Dave Upthegrove equipment that are built and installed per the American Railway Engineering King Counl, Counclme nrber and Maintenance-of-Way Association (AREMA) and American Railway Peter von Reichbauer Association (AAR) standards.AREMA and AAR standards are developed for Kmg cam,,,Conncrhr,enrher the sole purpose of manufacturing and installing the nation's railroads and Victoria woodards their equipment suppliers ranging from rail to signal and communication Tacoma,14(110) equipment. CHIEF EXECUTIVE OFFICER On the Federal and national level,AREMA and AAR standards are referenced Peter M. Rogoff and used by the Federal Railroad Association (FRA)and the Federal Transit Administration (FTA) for light rail projects similar to Sound Transit projects. Central Puget Sound Regional Transit Authority.Union Station 401 S Jackson St Seattle,VVA 98104 2826.Reception:(206)398-5000•FAX (206)398-5499 www.soundtransit org 212 Similar agreements regarding this proposal and request have been successfully executed with other local jurisdictions (copies of signed agreements can be made available upon request).As part of this proposal and agreement,normal electrical permitting through the local jurisdiction's permit process would remain unchanged,specifically the electrical feed to the TPSS and signal houses. The attached information,for your review and consideration,will help to provide an overview of how Sound Transit is proposing the City permit our TPSS installation. Attachment A: Signal System Electrical Permit Concepts for Federal Way Link Extension Attachment B: August 31, 2017 email from Larry Vance for Stephen Thornton, Chief Electrical Inspector to Terry Beals, Director, Regulatory Permitting,Sound Transit DECM Permit Administration Attachment C: May 10, 2002 letter signed by Ronald Fuller, past Chief Electrical Inspector, Washington Department of Labor and Industries Amended in 2017 (please see track changes) by Larry Vance,for Stephen Thornton,current Chief Electrical Inspector, Washington Department of Labor and Industries. Attachment D: Copy of Sound Transit Self-Certification Sticker Once you have had the chance to thoroughly review the information provided and it is determined this letter satisfies all your concerns,please concur with your signature below and return a copy of this letter to my attention. Sincerely, 4 � �zJt �, Its Date Dan Abernathy FWLE Executive Project Director Design, Engineering, and Construction Management Sound Transit A&IJ- Date ny Doucette Sound Transit Liaison City of Federal Way Central Puget Sound Regional Transit Authority•Union Station 401 S Jackson St Seattle VVA 98104-2826<Reception.(206)398-5000•FAX (206)3985499 www soundtransrt org 213 ATTACHMENT A SIGNAL SYSTEM ELECTRICAL PERMIT CONCEPTS FOR FEDERAL WAY LINK EXTENSION Purpose: The purpose of this paper is to propose a procedure to the respective authorities having jurisdiction over sub-areas of the Federal Way Link Extension project(Sea Tac, Des Moines, Kent and Federal Way) for permitting and inspection of the Link light rail transit(LRT)signal system.This paper only covers signal system permit and inspection issues,and although many considerations are similar, does not apply to any other LRT element. This same approach has been successful for Sound Transit's Central Link light rail system which opened for revenue service in July 2009 through the cities of Seattle,Tukwila,SeaTac, and areas under the electrical jurisdiction of the Washington State Department of Labor and Industries(L&I).Authorities are encouraged to discuss this with their counterparts in these jurisdictions. Introduction: The National Electrical Code(NEC or NFPA 70) is a consensus standard developed with the purpose of providing a 'practical safeguarding of persons and property from hazards arising from the use of electricity.'Because the railroad industry is not included in the NFPA 70 standards development process, NEC 90.2(8)(3)specifically omits 'installations of railways for generation, transformation, transmission, or distribution of power used exclusively for operation of rolling stock or installations used exclusively for signaling and communications purposes.' The light rail transit industry typically follows many railway industry practices.Although the NEC provides no guidance, other standards organizations and the federal government have established railway safety standards aimed not only at protecting the public and railway workers, but also providing for the safety of passengers using the railway system and dependent upon proper functioning of its train control (signal)system. The industry standards for railway signal system equipment and instaWation frequently far exceed normal NEC requirements and have established an exceptional safety record. However, railroad signal equipment is not UL listed and is installed in ways that are not typical in the electrical industry under NEC rules. Railroad companies such as BNSF are regulated by the Federal Railroad Administration, and therefore, do not obtain local permits for their signal systems. However, ST has cooperated with local authorities to obtain permits and interim and final inspections. Basic Concept: Specifications will require the ST Signals Contractor to obtain electrical permits from the local authority and,during and after installation, coordinate inspections of the work.The following provides a basic understanding of how this is accomplished: 1. The electrical permit and inspection would include the service to the signal housing.The boundary of inspection would be the power connections from the panelboards to equipment racks. ST ha-s-an-ag'eeirient with V;a51h]ngtoc i.abor& eldustries-providing ST Vv thttre ST Signal System Code Procedure October 15, 2018 Page 1 214 responsibility to self-certify its signal equipment and installation provided it meets the applicable industry standards.The basis of this agreement is that the LRT signal system is to be considered as the equivalent of a highway traffic control system.A copy of original letter from former Washington State Chief Electrical Inspector, Ron Fuller, dated May 10, 2002 assigning this responsibility under WAC 296-46A-092(8) and 104(7), is included as Attachment B. 2. The Signals Contractor is required to provide a "Gold Seal" L&I certification for prefabricated signal bungalows.This involves structural, mechanical, and electrical plan reviews by L&I in addition to inspections of work at the manufacturer's assembly site.The contract documents establish this as a Contractor requirement. 3. As mentioned above, railroad signal equipment is not UL listed, although it is built to industry standards that are frequently more rigorous than NEC or UL requirements. For example, a normal#14 AWG XHHW-2 wire would require 30 mils of insulation but a#14 AWG AREMA signal wire requires 60 mils of insulation.Another important fundamental difference is that railroad signal circuits are not grounded. This is to assure that the train signals will remain functional and safe, even with one line inadvertently grounded.The signal system is self-monitoring and alerts Sound Transit signal maintenance workers that a grounded circuit has been detected so repairs can be undertaken in safe manor.This is similar to the method used for isolation of critical hospital and industrial power and control systems.The source of most railway industry standards is the American Railway Engineering and Maintenance-of-Way Association (AREMA). Procedure Proposed for Federal Way Link Extension: 1. The Contractor is responsible to contact the city inspection department to determine the permit fee based on the value of the signal system. 2. The Contractor prepares the permit application showing the power distribution portion of the signal system and the power calculations. The permit would cover service,transformers, UPS, disconnects,overcurrent protection, and connections from the panelboards to signal rack equipment. 3. All materials undergo 100%factory tests with factory test procedures and reports reviewed and/or witnessed by the designated ST signals engineer. During installation (or start of field test),the responsible ST engineer or his designee will apply self-certification stickers with serial numbers to the signal equipment(a PDF copy of the sticker is provided as Attachment D). Authorities will be able to identify this item is self-certified and therefore will not require inspection The list of the light rail items to be self-certified includes but is not limited to the following: a. Equipment racks b. Switch machines c. Impedance bonds d. Wayside signals e. Switch heaters f. Rmc-tioa byes ST Signal System Code Procedure October 16,2018 Page 2 215 g. Entrance Racks h. Signal wiring 4. When applying self-certification stickers,ST maintains a log that records the sticker number, equipment name and model number,ID(or location),equipment serial number,and industrial code(s)applicable to that equipment.Those records are available at any time and can be provided upon request. ST Signal System Code Procedure October 16,2018 Page 3 216 ATTACHMENT B Zeller, Gayle From: Vance, Larry(LNI) <VANC235@LNI.WA.GOV> Sent: Thursday,August 31,2017 8:56 AM To: Beals,Terry Cc: Peckham, Lane; Rempe, Joe;Hellman,James; Newton,Corey,scoffman@ci.tacoma.wa.us; Zeller, Gayle; DeMarre, Jeffrey;DeLalla,Craig; Beals,Terry; Beckman, Eric;Thomton, Stephen D (LNI);Mutch, Rod(LNI), Bierward,Antone F(LNI);Thomas, Robert G.(LNn; Straley, Dennis M(LNI);Sedlacek,Craig L(LNn Subject: RE: L&1 Reaffirmation of R.Fuller Letter Dated May 10, 2002-Sound Transit-Traffic Management Systems Attachments: Ron Fuller Letter Labor and Industries re ST elec field evaluation May 10 2002-Updated References.pdf Hello Terry, In regards to the 2002 letter,fifteen years have passed and very little has changed. For clarity in the attached version of the 2002 letter, notes correct rule references and reconfirm Sound Transit's ability as a transit jurisdiction to act as a laboratory and apply their own equipment approval label to traffic management system equipment. In 2017, rules for traffic management systems exist in WAC 296-468-010(16)-(23). I hope this information helps you.If I can be of further assistance, please contact me. Thank you, Larry Vance I Electrical Technical Specialist for Stephen Thornton,Chief Electrical Inspector Washington State Department of Labor and Industries Field Services ra Public Safety Division (360)902-5742 Save about 10 by renewing your electrical license online at: http://www.ini.wa.gov/TradesLicensing/Licensin_gReg/Legal.asp From:Beals,Terry[mailto:terry.beals@soundtransit.org] Sent:Wednesday, August 30,2017 8:53 AM To:Vance,Larry(LNI)<VANC235@LNI.WA.GOV> Cc:Peckham, Lane<LPECKHAM@ci.tacoma.wa.us>; Rempe,Joe<jrempe@c1.tacoma.wa.us>;Hellman,James <JHELLMAN@ci.tacoma.wa.us>; Newton,Corey<cnewton@ci.tacoma.wa.us>;scoffman@ci.tacoma.wa.us;Zeller,Gayle <Gayle.Zeller@soundtransit.org>; DeMarre,Jeffrey<jeffrey.demarre@soundtransit.org>;DeLalla, Craig <craig.delaIla @soundtransit.org>; Beals,Terry<terry.beals@soundtransit.org>; Beckman, Eric <eric.beckman@soundtransit.org> Subject: L&I Reaffirmation of R. Fuller Letter Dated May 10,2002 Importance:High Good morning, Larry Please confirm by responding to this email the essential contents of the attached Ron Fuller Letter to Sound Transit dated May 10,2002 allowing Sound Transit as a transit jurisdiction to act as a laboratory and apply their own equipment approval label to traffic management system equipment is still valid and acceptable to the State of Washington Department of Labor and Industries Electrical Program. 217 Best Regards, Terry Terry Beals Director, Rcgulatory Pcnnitdng DECIM Pcnnil Administration Sound"1'misii 401 S.•iac•ksoii SI Seattle. MIA lcrr�•.1�cals�Uscnuxl�ransit.r�rt; 206-399-52 37 t 218 ATTACHMENT C c91; RECEIVED °k MAY 15 2002 STATE OF WASHINGTON SOUND TRANSIT SYSTEMS ENCUNEERING DEPARTMENT OF LABOR AND INDUSTRIES Mail rormpondence fu: PO Box 44"0 • Olympia WA 98504.4460 May 10,2002 In 2017,WAC In 2017,WAC Marc Bardsley 296-46A-092(8)refers 296-46A-104(7)refers to Link Light Rail to definition of "Identification of traffic 401 S Jackson St "Identification Plate" In 2017,tett In this letterrM ent components. found In WAC WAC Seattle,WA 98104 296-4613-100 marked with strikethrough10(22) Is not applicable. Subject:light Rail prgect Dear Marc, This will canffrm our discussion at yesterday's meetin between Sound Transit, the City of Seattle,Impulse NC, Inc,,Tatem Electric, and department There isr field evaluation or listing of Ill electrical equipment being i tailed within ft state. E es,but is not limited to:conduit, boxes,Wire,fittings, devi ,and utilization equip The department approves all field evaluation and listing aboratories. X80 .F pon request,approval ma be granted to perforin part or all of the field evaluation in the manufact er s facility. efitailai POM456i9n W PeFf9FM 8 "en4w4et-be4i" wier-to the . A copy of all field evaluation reports must be provided to tea is , the customer. See WAC 296-402 for details concerning ti ting and field evacuation aboratory requirements. For traffic signal equipMerIL there is option allowing the transit jurisdiction to act as a laboratory and apply their own equipment appro I label (see WAC 296-46A-092(8)and 1(4("!)in fieu of an approved testing laboratory. At yesterd 's meeting,we agreed that,in the case of the Sound Transit Light Rail project,traffi udes transit system itself for the purposes of signarization for controlfir#g pedestrian,vehi ula and rolling ock traffic. This option does not include illumination, signage,or other electrical cyst s. Signal 'on does not include the power systems used to operate the rolling stock. In 2017,WAG 296402 requirements are found In WAC 296-468-499 it will be advantageous for Sou Transit to ensure equi a requirements for fisting or Field ev luation prior to beginning manufacturing the product The traction power equipment currently at iss on Me Tacoma section must have a field evaluation before final acceptance. At this time,the ent has received no request for field evaluation of that eqrit- In 2017,It remains L&I position to agree that,In the case of sound Sincerely, Transit Ught Rail,traffic includes the transit system itself for the purposes of signalization for controlifng pedestrian,vehicular,and rolling stock traffic sound their as a transit al eq iction,may act as a laboratory and apply their own traffic signal equipment L296-468-011)(17). bels to Sound Transit traffic management system Ronald Fuller that meets applicable standards In WAC Chief Electrical Inspector CC' Chuck GreW,-Tacarna Chier'ElectricalInspector Dido Afford, Seattle-Chief Electrical Inspector ate,. Locwed a t: 7273 Lindarson Way 5W-VVr 101,Airdusfr€al Way on r 5 F{`�,-� .-. Pagel of 2 ir 2017,WAC 296-46A-104 requirements are found in j WAC 296-468.010(16)-(22) WAC 296-46A-104 Traffic management systems. (1)A traffic management system includes: (a)Traffic illumination systems. (b)Traffic signal systems. (c)Traffic monitoring systems. (d)The electrical service cabinet and all related components and equipment installed on the load side of the service cabinet supplying electrical power to the traffic management system. The department will perform the electrical inspection and acceptance of traffic management systems within its jurisdiction. (2)The department recognizes that traffic signal conductors,pole and bracket cables,signal displays, and traffic signal controllers/cabinets and associated components used in traffic management systems are acceptable for the purpose of meeting the requirements of chapter 19.?8 RCW provided they conform with the following applicable standards or are listed on the Washington state department of transportation (WSDOT)qualified products list. (a)WSDOTIAPWA Standard Specifications and.Plans. (b)WSDOT Design Manual. (c)International Municipal Signal Association (DASA). (d)National Electrical Manufacturers Association ([NrEMA). (e)Federal Standards 170/Controller Cabinets. (f)Manual-for Uniform Road,Bridge, and Municipal Construction. (g)Institute of Transportation Engineers (ITE). (h)Manual of Uniform Traffic Control Devices (N1UTCD). (3)Associated induction detection loop or similar circuits will be accepted by the department without inspection. (4)For the licensing requirements of chapter 19.28 PtCW,jurisdictions will be considered owners of traffic management systems when doing electrical work for other jurisdiction(s) under a valid interlocal agreement, as permitted by chapter39.34 RCW. Interlocal agreements for traffic management systems must be filed with the department prior to work being performed for this provision to apply. (5)Jurisdictions, with an established electrical inspection authority, aria WSDOT may perform electrical inspection on their rights-of-way for each other by interlocal agreement.They may not perform electrical inspection on other rights-of-way except as allowed in chapter 19.28 or 39.34 RCW. (6)Underground installations. (a) In other than open trenching, raceways will be considered "fished" according to the NEC and do not require visual inspection. (b) Inspections in open trenching will be conducted by the department within its jurisdiction.The electrical work permit purchaser must coordinate the electrical inspection. A written request(e.g., letter,e-mail, fax, etc.)for inspection, made to the department office having the responsibility to perform the inspection, must be made a minimum of two working days prior to the inspection need (e.g., two working days - 10:00 a.m.Tuesday request for a 10:00 a.m. Thursday inspection, excluding holidays and weekends). If,after proper written request, the department fails to make an electrical inspection at the time requested, underground conduit may be covered after inspection by the local government jurisdiction's project inspectorldesignee. Written documentation of a local government jurisdiction inspection must be provided to the department when requested.Written documentation will include: (i)Date of inspection. (ii) Location. (iii)Installing firm. (iv)Owner. http://search.leg.wa.gov/wslwac/WAC%20296%42q O...IWAC%a20296%20-%p2046A-104.ht 6118102 Page 2 of 2 (v)Type of conduit. (vi)Size of conduit. (vii)Depth of conduit. (viii)Project inspector/designee name. (7) Identification of traffic management system components.Local government jurisdictions or WSDOT may act as the certifying authority for the safety evaluation of components. (a) An electrical service cabinet must contain only listed components.The electrical service cabinet enclosure is not required to be listed but will conform to subsection(2) of this section. (b)The local government jurisdiction must identify, as acceptable, the controller cabinet with an identification plate.The identification plate must be located inside the cabinet and may be attached with adhesive. (8) Conductors of different circuits in same cable,enclosure,or raceway. All traffic management system circuits will be permitted to occupy the same cable,enclosure,or raceway without regard to voltage characteristics,provided all conductors are insulated for the maximum voltage of any conductor in the cable,enclosure,or raceway. (Statutory Authority:RCW19 28.031, 19-28.5 I, I9 28.010, 19.28. , 19.28.171, ] .2 . , 19. 251, 9.21 8.470, 19.28.4 ,67.42.050,2000 c 238 and chapter V.21 RCW.01-0I-097, §296A6A-104,filed 12/15/00,effective 1/18/01.] httn://search.lee.wa.eov/wslwac/WAC%20296%a20,A?0._./WAC%20296%20-%2046A-104_ht 6/18/07 r .?' APPROVED SOUNDTRANSIT CERTIFICATION 0001001 FILE NO. VU�46-4��-��2 EXHIBIT M: SOUND TRANSIT BUSINESS RELATIONS PROGRAM (APRIL 2018) City of Federal Way Development Agreement 223 This Page Intentionally Left Blank 224 JULY 2018 Sound Transit Business Relations Program Sound Transit recognizes that big construction projects can T - ' be hard on adjacent businesses. Dust, noise, traffic detours and limited parking can discourage customers. That's why we work hard to address real and perceived construction impacts through our innovative Business Relations Program. Preparing for construction Your business might experience a substantial drop in customers during construction. The good news is that businesses who have worked with us to prepare proactively often reduce or avoid the worst of the impacts. h Washington law does not allow this agency to provide financial - — -� compensation for impacts to a business during construction. Any such OUR GUIDING PRINCIPLES compensation would constitute a gift of public funds and would violate ■ Measure success in customers Article 8, Section 7 of the Washington State Constitution. ■ Use our visibility to benefit businesses Because of this limitation, Sound Transit focuses its efforts on the next ■ Entice customers with a chance at once in a best thing: bringing customers to your door. Based on our experience lifetime experiences over years of major construction projects, we've identified numerous • Form creative partnerships techniques to ensure the public knows that impacted businesses are still open; but we don't stop there. We also provide incentives for people to support local businesses. THE RAINIER VALLEY COMMUNITY DEVELOPMENT FUND t Light rail construction in the Rainier Valley was a project unlike other segments of rail construction. At the time, community leaders were very worried that the concentration of minority and immigrant- owned businesses would not survive multiple years of highly disruptive construction right outside their door. Elected officials were concerned about losing a valued cultural resource provided by the businesses. Because of this, in 1999 Sound Transit Boardmembers representing the City of Seattle and King County proposed that the agency set up and administer the Rainier Valley Community f Development fund as part of the effort to build light rail in Southeast Seattle. The fund was f. intended to provide additional mitigation efforts for businesses impacted by light rail construction and create a permanent source of affordable financing for community development projects in the neighborhood. Funding for these services was provided by The City of Seattle and King County. MW SOUNDTRAN.SiT -146 225 A full spectrum of help Support for impacted businesses is built into every aspect of our construction efforts. That includes always letting businesses know about upcoming activities, working directly with construction crews to minimize impacts, and of course, efforts to promote the businesses. i 31W,M711 Physical mitigation Ease physical impacts of construction on businesses: • Provide extensive signage and wayfindinq • Facilitate access to parking, bike routes and pedestrian routes • Minimize physical impacts(noise, dust, parking, access)to the extent possible. Helping businesses prepare for construction Sound Transit has put together a construction toolkit that explains useful tips to survive construction: - • Update your business plan • Define your unique"niche"—what sets you apart from your competitors • Activate your customer base—communicate and cultivate 6 relationships with your customers • Don't wait for your customers to come to you —go to them Marketing and promotions • Get a grant, loan or line of credit to get through lean times. Sound Transit has created a trademarked Loyal to the Local marketing campaign to create awareness that businesses are open: • Use advertising and promotions that reminds the public that Information businesses are open and encourages them to shop there Provide clear, accurate, and timely • Offer contests that give the public the chance to win unique information; Educate businesses experiences in exchange for shopping at impacted businesses and their customers about • Encourage existing customers to continue frequenting construction-related impacts: the business. • Dedicate staff to work with adjacent businesses Partnerships • Use advanced notification in Conned businesses to partner tools and business resources: the form of alerts, updates and • Partner to build upon existing successful community events door-to-door visits. . Connect businesses to existing pro-grams,tools and.resources that may provide support during construction. Sound Transit plans, builds and operates regional transit systems and services to improve mobility for Central Puget Sound. For information about Sound Transit projects or services,visit us online at soundtransit.org or call 1-800-201-4900 I TTY Relay: 711. 226 EXHIBIT N: APPROVED CONTRACTOR HAUL ROUTES City of Federal Way Development Agreement 227 This Page Intentionally Left Blank 228 OOLdHS-01S'SMO 33S 8 r 1 ; 1S H19185 1 N _ f 15tNtZlCS ....� I LL w o m Zzz o wwc> > m I 1 Y u $ U 2 W a y I aFw r I w Qa'Z0 o oa a y UJ LV t'--T ' N �l 1S H186ZS y0a 'Iy � Sao 1 1 rp. p fl 1 a jll r I 1 �0 / 0 1 go �NygW mU �o i, jL U) 1 w i il; I I o0 1 " 1 I C& / I >I W C n LUr _ y�dMv� ato '1 �A!/� 1Sa�etas'1 J w V ZOLdHS O1S SMO 33S 229 > e , © � © 0 q ■ )( 2 § )§ l § � \ S §■[ ? £ �ZLu : &2 §I..) 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LSEWNO-Stl OMO 33S i2w J N N Qa •,<..nm..rowa Ynnt.nwnfwo.+..�rnw o 270 �.,,.e..,..a.0 EXHIBIT Q: ESSENTIAL PUBLIC FACILITY LETTER City of Federal Way Development Agreement 271 This Page Intentionally Left Blank 272 'SOUNL)TRANSIT March 12, 2019 CHAIR John Marchione Redmond Wcn or Tony Doucette, PE City of Federal Way VICE CHAIRS 33325 8th Avenue South Kent Keel Federal Way, WA 98003 un,versi„ Place$favol Paul Roberts Subject: Compliance with Essential Public Facility Siting Criteria for the Federal E,erm Cmmcdrne,nbe, Way Link Extension Project BOARD MEMBERS Dear Mr. Doucette: Nancy Backus iluburu 31a.or David BakerAttached is a Memorandum prepared for your consideration regarding the Federal Ke,rmo,e a4a,.o, Way Link Extension(FWLE) Project's Compliance with Essential Public Facility Claudia Balducci (EPF) Siting Criteria and supporting Sound Transit's request for an Essential <ing Conran-Council Vice Chau Public Facility(EPF) land use approval for the Project using the process for Dow Constantine review and siting of the same, as specified in FWRC 19.105.020. Ki,rg Cormly/secutive Bruce Dammeier Sound Transit would also like to acknowledge and thank the City for its Pierce Counry l'XeCLIIire partnership efforts to date in advancing planning and design for the FWLE Jenny Durkan Project. These efforts have included on-going staff coordination,providing Serail, tiapor informal input and comment on various Project aspects, and reaching formal Dave Earling milestones, such as execution of a Project Term Sheet(setting forth general Edmonds Wa,o, support for the Project) and a City Services Agreement. In both the City Term Rob Johnson Sheet and the City Services Agreement, the City has recognized Sound Transit's Seattle Councilmember completion of substantive and procedural environmental review in accordance KmJoe McDermott with SEPA requirements, with publication of the FWLE Project's Final EIS in g Counh Councilmenrhe, November 2016. The information contained in the following memorandum Roger Millar draws on this environmental record. Pr astir„Tra State Secrelm:v o/ rmupa ratio, Kim Roscoe I look forward to your consideration of this request. Fit l savor Dave Somers Sincerely, Snohomish Comm l.recurivL Dave Upthegrove King Counrj Counrrhnember Peter von Reichbauer Dan Abernathy kimf Corin Councilmeiber Federal Way Link Extension Executive Project Director Victoria Woodards Design Engineering and Construction Management Tacoma 61avor Sound Transit CHIEF EXECUTIVE OFFICER Peter M.Rogoff Central Puget Sound Regional Transit Authority-Union Station 401 S Jackson St., Seattle,SNA 98104-2826•Reception:(206)398-5000•FAX:(206)398-5499 www.soundtransit.org 273 Central Puget Sound Regional Transit Authority ("Sound Transit") Federal Way Link Extension (FWLE) Project Memorandum Regarding Compliance with Essential Public Facility Siting Criteria for the Federal Way Link Extension Project Prepared by Sound Transit Staff March 12,2019 I. Background A. History Sound Transit proposes to construct the Federal Way Link Extension(FWLE)Project,which would expand the regional light rail system from SeaTac to Federal Way,Washington. The FWLE Project would be in the cities of SeaTac,Des Moines, Kent, and Federal Way in King County. It is an element of Sound Transit 2:a Mass Transit Guide, the Regional Transit System Plan for Central Puget Sound(ST2), financing for which was approved by the voters in November 2008. ST2 funded construction and operation of the portion of the FWLE Project from SeaTac to Kent/Des Moines. Sound Transit 3: the Regional Transit System Plan for Central Puget Sound(ST3), funds the remainder of the project, from Kent/Des Moines to the Federal Way Transit Center. A total of three new Light Rail Transit(LRT) stations will be constructed as part of the FWLE Project—at Kent/Des Moines, S. 272nd St., and the Federal Way Transit Center. Sound Transit is a regional transit authority created pursuant to chapters 81.104 and 81.112 of the Revised Code of Washington (RCW). Regional transit authorities are empowered to finance, construct and operate high-capacity transportation systems within contiguous counties. As authorized by RCW 81.112.030, Sound Transit operates within Snohomish, King, and Pierce Counties. An appointed board of elected officials from within these counties governs Sound Transit as required by RCW 81.112.040. B. Growth Nlmmgenicnt Act and Essential Public Facilities An important development for regional transit systems occurred in 1990 with the adoption of the Growth Management Act, chapter 36.70A RCW ("GMA"). The GMA requires cities and counties to adopt effective, state-supervised comprehensive plans and development regulations that assure the appropriate siting of regional essential public facilities. The GMA provides: The comprehensive plan of each county and city . . .shall include a process for identifying and siting essential public facilities. Essential public facilities include those facilities that are typically difficult to site,such as airports,state education facilities and state or regional transportation facilities as defined in RCW 47.06.140. RCW 36.70A.200(1) (emphasis added). The definition of "regional transportation facilities" in RCW 47.06.140 specifically includes the high capacity transit system being developed and implemented by Sound Transit. FWLE City of Federal Way EPF Memorandum Page 1 274 As defined by the Federal Way Revised Code (FWRC) section 19.05.050,the FWLE Project is a Class I "essential public facility" Pursuant to the GMA, the City has a legal duty to accommodate the Transit Center, LRT track alignment and associated infrastructure in its Comprehensive Plan and Development Regulations, and is required to approve it and issue necessary permits. The City may impose reasonable conditions and mitigation measures; however, such conditions and mitigation measures may not effectively preclude the FWLE Project by rendering it impracticable. Specifically,the GMA provides that no local comprehensive plan or development regulation may preclude the siting of essential public facilities. RCW 36.70A.200(2). C. The Environmental Review Process for the FWLE Project is Complete Sound Transit is the lead agency for compliance with SEPA. In coordination with the City and other agencies with jurisdiction, Sound Transit has completed the substantive and procedural environmental review for the Project in accordance with SEPA requirements. Sound Transit prepared an Environmental Impact Statement ('BIS")for the FWLE Project under the National Environmental Policy Act(NEPA)and the State Environmental Policy Act(SEPA). The Project's Draft EIS was published in July 2015. The Project's Final EIS was published in November 2016 and can be accessed at https://www.soundtransit.org/Projects-and-Plans/Federal-Way-Link- Extension/Federal-Way-document-archive/federal-way-link. Based on the findings in the Final EIS (FEIS), the Federal Transit Administration issued a Record of Decision in March 2017, which is also available online at https://www.soundtransit.org/sites/default/files/project- documents/FWLE%2520FTA%2520Record%2520of%2520Decision.pdf. The City has acknowledged Sound Transit's completion of substantive and procedural environmental review in accordance with SEPA requirements in the executed FWLE City Term Sheet and City Services Agreement. These agreements were entered into between the City and Sound Transit as part of the parties' continuing efforts, following completion of environmental review, to advance the FWLE Proiect into construction. D. The Current Land Use Application As previously mentioned,the FWLE is an essential public facility under the GMA, and the FWRC classifies the FWLE as an essential public facility- Class I use,which is defined as a facility of a county, regional or state-wide nature intended to serve a population base that extends significantly beyond the boundaries of a City. The City has agreed to grant essential public facility land use approval for the project as part of a Development Agreement between Sound Transit and the City, provided the Development Agreement contains such reasonable conditions as necessary to ensure the essential public facility review and siting satisfies the City's land use approval criteria and procedures outlined in FWRC 19.105.020 and Chapter 19.70 FWRC, and the development agreement process has met all applicable procedural requirements. The remainder of this memorandum summarizes how the FWLE Project complies with the siting criteria applicable to an essential public facility. III. The FWLE Project conforms with the City's review criteria for Essential Public Facilities FWRC 19.105.020 sets forth site evaluation criteria to be used in evaluating siting proposals for Class I essential public facilities in the City. The following is a brief summary of the FWRC Site Evaluation Criteria set forth in FWRC 19.105.020. FWLE City of Federal Way EPF Memorandum Page 2 275 (a) Demonstration of need. Project must establish the need for their proposed facility. Included in the analysis of need should be the projected service population, an inventory of existing and planned comparable facilities, and an assessment of demand for this type of essential public facility. The purpose of the FWLE Project is to expand regional transit service to and from Federal Way, as further outlined in Chapter 1 —Purpose and Need for Federal Way Link Extension of the Project's FEIS, as follows: • Provide a rapid, reliable,accessible, and efficient alternative for travel to and from the corridor and other urban growth and activity centers in the region, with sufficient capacity to meet projected demand; • Expand mobility by improving connections to the regional multimodal transportation system with peak and off-peak service; • Provide the high-capacity transit(HCT) infrastructure and service to support the adopted regional and local land use,transportation,and economic development plans; • Advance Sound Transit's Long-Range Plan vision, goals, and objectives for high- quality regional transit service connecting major activity centers in King, Pierce, and Snohomish counties;and Implement a financially feasible HCT system to help preserve and promote a healthy environment. The Project's FEIS documents the need for the FWLE Project(Chapter 1 —Purpose and Need) in order to serve the projected service population and to address current gaps based on a lack of comparable facilities was established as follows: • Increasing congestion on I-5 and on the key arterials leading in and out of the study area will further degrade existing transit performance and reliability. North-South transit demand is expected to grow by up to 80 percent by 2035 as a result of residential and employment growth in the FWLE corridor. This growth will require additional and more reliable transportation options than currently exist. • People in the FWLE corridor need reliable and efficient peak and off.-peak transit service to connect with the region's growth centers. • The corridor has a high concentration of transit-dependent populations who need efficient and reliable regional transit connectivity. Regional and local plans call for HCT in the corridor consistent with PSRC's Vision 2040 and Sound Transit's Long-Range Plan. • Environmental and sustainability goals of the state and region include reducing vehicle miles traveled and greenhouse gas emissions. Projected Service Population, Inventory of Comparable 1=ac i I it i cs, Assessment of Demand The FWLE Project's FEIS, Chapter 3 —Transportation Environment and Consequences, provides a review of the projected service population, an inventory of existing transportation facilities, and an assessment of demand for Project ridership for all alternatives evaluated in the FEIS. Following publication of the FEIS, the Sound Transit's Board passed Motion M 2015-56 in July 2015, identifying the I-5 Alternative with the Kent/Des Moines SR 99 East Station Option as the Preferred Alternative. Key findings from this evaluation are extracted from the FEIS and included below. Note that a screenline is defined in Appendix A4—Acronyms and Glossary of the FEIS as "an imaginary line across a section of freeway or arterials. Screenlines are often-used in traffic analyses to determine how much volume is entering a particular area." FWLE City of Federal Way EPF Memorandum Page 3 276 Transportation Element Key Findings Regional . All build alternatives would reduce regional vehicle miles traveled(VMT)by 160,000 miles per day Facilities and vehicle hours traveled(VHT)by 10,000 hours per day compared with the No Build Alternative. and Travel . All build alternatives would slightly reduce screenline traffic volumes and volume-to-capacity(v/c) ratios compared with the No Build Alternative. • All build alternatives would increase person and transit trips through the corridor. Arterials . Among the full-length alternatives,the S 272nd Star Lake and S 272nd Redondo stations would add and Local the most park-and-ride spaces(up to 700).Under interim terminus conditions,the Kent/Des Moines Streets Station would add up to 1,000 parking spaces. Operations . Stations with park-and-rides would add between 360 trips(PM peak hour at the Kent/Des Moines Station)and 700 trips(PM peak hour with the S 272nd Redondo Station interim terminus condition). • Property access and circulation impacts would be minimal because the FWLE would not conflict with roadway operations.In places,additional access roads and traffic control would enhance circulation. • All full-length FWLE alternatives would contribute to a below standard level of service(LOS)at 9 of the 63 intersections evaluated.Proposed mitigation would make all of these locations perform similar to or better than the No Build Alternative. • The interim conditions would affect the same intersections as the full-length alternatives near the FWLE stations that are constructed.The S 272nd Redondo Station interim terminus would affect one additional intersection. Transit • Up to 39,500 daily transit riders would use the FWLE. Operations . All build alternatives would improve transit service hours,frequency,and passenger load. • All build alternatives would be more reliable than the current bus system because they would operate in an exclusive right-of-way. • All build alternatives would have travel time comparable to bus service between downtown Seattle and the Federal Way Transit Center and would be noticeably faster between Federal Way Transit Center and all regional destinations north and east of Seattle. • The proposed stations would accommodate connections with non-motorized,transit transfer,and automobile access trips. Safety . The FWLE would shift up to 9,000 people per day from driving or taking another non-transit mode to transit and reduce VMT in the region by up to 160,000.This would create a safety benefit because less vehicles would be expected to result in fewer crashes. • All build alternatives would have minimal safety effects because they would operate in an exclusive guideway. • All build alternatives would increase vehicle and non-motorized activity around the station areas, increasing potential conflicts. • All build alternatives and options,with the exception of the Landfill Median Alignment Option,would maintain the southbound 1-5 clear zone and would not require the addition of outside guardrail.The Preferred Alternative would not have any quantifiable impact on the safety of the 1-5 mainline.The Landfill Median Alignment Option would add guardrail along the southbound outside shoulder,which could result in up to one more crash per year. • All build alternatives would cause additional traffic volumes that could result in up to two crashes per year at each of the three 1-5 interchanges within the study area(Kent-Des Moines Road,S 272nd Street,and S 320th Street), FWLE City of Federal Way EPF Memorandum Page 4 277 Parking • The Preferred Alternative and the 1-5 to SR 99 Alternative would remove up to 20 public parking spaces near S 212th Street. • All build alternatives would remove 170 to 470 parking stalls on private properties.Individual station and alignment options could remove up to 580 more stalls. • The project's 1,600-stall park-and-ride capacity would accommodate the forecasted parking demand. Hide-and-ride could occur at some stations,most likely at the potential additional S 216th East Station Option due to available on-street parking nearby. • Highline College students might use the nearby Kent/Des Moines Station park-and-ride,A parking management program at this location would maximize the capacity for transit riders. Non-motorized . 1-5 would be a major barrier to walking and biking that would deter some non-motorized trips from Facilities accessing most stations.SR 99,S 272nd Street,and S 320th Street are also barriers,with high traffic volumes and vehicle speeds and long pedestrian crossings,all of which would discourage pedestrians and bicyclists from accessing stations near them. • The Federal Way S 320th Park-and-Ride Station Option would have the most pedestrian activity during the PM peak hour(1,840 persons)among the full-length alternatives.The potential additional S 260th Street station options would have the least pedestrian activity(about 250 persons).Under the interim terminus condition,1,900 pedestrians would use the Kent/Des Moines Station during the PM peak hour. • The most pedestrian/bicycle activity to and from the station would be at the Kent/Des Moines Station,the potential additional S 216th(West or East)Station,and potential additional S 260th (West or East)Station. • Pedestrian LOS would degrade where pedestrians would need to cross the street to reach park-and- ride facilities or transit stops,compared with station locations where transit users would not need to cross a street to access the station.However,the LOS would generally be acceptable with all FWLE alternatives. Freight Mobility . Freight mobility and access would improve under the No Build and Build Alternatives compared with and Access existing conditions because the SR 509 and SR 167 extension projects will create new regional highway connections to 1-5.All the build alternatives would operate in an exclusive guideway,so their effects on freight would be minimal and similar to their impacts on automobiles. • Freight movements would benefit at some locations from project improvements and/or mitigation. (b) Relationship of service area topopulation. The facility should service a share of Federal Way's population within the city. The proposed site should also be in a location that reasonably serves its over-all service area population. The FWLE Project will accommodate several transit markets —peak-period commuter, all-day regional, and all-day local riders. Each of these markets will grow in terms of demand and service. The FEIS documents the extensive process of stakeholder and public involvement that led to the development of alternative site locations that occurred as part of developing the FWLE Project(Chapter 2–Alternatives Considered). Sound Transit's Board passed Motion M 2015-56 in July 2015, identifying the I-5 Alternative with the Kent/Des Moines SR 99 East Station Option as the Preferred Alternative. When it identified the Preferred Alternative, the Board directed Sound Transit staff to work with stakeholders to develop and evaluate potential improvements to it in three areas. These included: • Optimize the location of the Preferred Kent/Des Moines Station to facilitate access to Highline College and enhance future transit oriented development(TOD)potential in the Midway area of Kent and Des Moines. • Identify ways to improve the potential for TOD all along the corridor, such as through FWLE City of Federal Way EPF Memorandum Page 5 278 better east-west transit connections to stations, pedestrian and bike access improvements, and placemaking initiatives and development opportunities. • Modify the preferred Federal Way Transit Center Station to facilitate multimodal connections to the existing Federal Way Transit Center, enhance TOD potential in the downtown area, and accommodate a future light rail extension to the south on either I-5 or SR 99. Minimum site requirements. Project sponsors shall submit documentation showing the (c) minimum site requirement needs for the facility. Site requirements may be determined by any or all of the following parameters: minimum size of the facility,access,necessary on- site support facilities,topography, and soils and mitigation requirements. The sponsor shall also identify any future facility expansions of the facility. For an essential public facility project such as the FWLE Project, which is a transportation public works project, site requirements are generally driven by transportation engineering factors. The FWLE Project's FEIS documents the site requirements for the Project, most specifically with a discussion in Chapter 3—Transportation Environment and Consequences, of access and other on- site support facilities(see Section 3.2—Transportation Elements and Study Area and Sections 3.5.1 —Regional Facilities and Travel, 3.5.2—Transit Service and Operations, 3.5.3—Arterial and Local Street Operations, 3.5.4—Safety, 3.5.5—Parking, 3.5.6—Non-motorized Facilities, and 3.5.7— Freight Mobility and Access). A discussion of topography and soils is found in Chapter 4— Geology and Soils of the FEIS. The FWLE Project was defined in the Project's FEIS and Record of Decision as being sited to include extending south from the Angle Lake Station in the City of SeaTac, crossing SR 99 in an elevated profile along the south edge of the future SR 509 alignment to 1-5. It will then continue south along the west side of I-5, crossing under S. 216th Street in a trench, and crossing over Kent/Des Moines Road in an elevated profile. In the Kent/Des Moines Station area, it will transition west to be close to Highline College with an elevated station along the west side of 30th Avenue S. The Kent/Des Moines Station will include bus transfer and layover facilities, a parking structure with approximately 500 stalls, and non-motorized access improvements, including a new 236th Street connection to Highline College. The route will then continue south along the west side of I-5, generally at-grade, and will cross over S. 260th Street in an elevated profile. It will transition to an elevated profile at the S. 272nd St. Station in the City of Kent. The S. 272nd St. Station will include bus transfer and layover facilities and approximately 1,200 parking stalls. The route will cross S. 272nd Street in an elevated profile. South of S. 272nd,the route will continue along the west side of I-5, generally at-grade. It will cross over Military Road S. and S. 288th Street in an elevated profile and then turn west and cross over S. 317th Street. It will terminate at an elevated station at the Federal Way Transit Center in the City of Federal Way. The station, on the west side of 23rd Avenue S. and north of S. 320th Street,will retain the existing 1,190-stall parking garage, and will reconfigure the existing bus transit center, adding an additional 400 parking stalls. Elevated tail tracks from the station platform will extend over S. 320th Street. Sound Transit does have plans,as approved by the region's voters in November 2016,to extend the FWLE Project, with a project being developed separately and known as the Tacoma Dome Link Extension(TDLE)Project, which will extend the Link light rail system south from Federal Way to FWLE City of Federal Way EPF Memorandum Page 6 279 the City of Tacoma, including four new LRT stations,one planned for south Federal Way. Sound Transit's plans for system expansion are documented in their ST3 plan, which is available online at http://soundtransit3.org/. (d) Alternative site selection. The sponsor shall document whether any alternative sites have been identified that meet the minimum site requirements of the facility. Where a proposal involves expansion of an existing site,the documentation should indicate why relocation of the facility to another site would be infeasible. As documented in the FWLE Project's NEPA and SEPA record,numerous alternatives were evaluated as part of the process of selecting the Preferred Alternative for construction. The FWLE study corridor was generally bounded by SR 99 to the west, I-5 to the east, S. 2001h Street to the north, and S. 3201h Street to the south. Alternatives outside this area were not considered because they would not meet the Project's purpose and need. The FWLE alternatives generally followed two corridors, SR 99 and I-5, between SeaTac and Federal Way. Sound Transit developed the alternatives through an early scoping and Alternatives Analysis process during 2012 and 2013 that included public and agency input. Following the public scoping period,the Sound Transit Board reviewed comments received and approved Motion 2013-77, which directed Sound Transit staff to study four alternatives in the Draft EIS. It also called for potential design options on SR 99 and I-5, and established baseline stations at Kent/Des Moines, S. 272d Street,and the Federal Way Transit Center. During development of the Draft EIS, Sound Transit continued to coordinate with agencies and local jurisdictions to refine the conceptual design of these alternatives for evaluation in the Draft EIS. After considering the Draft EIS and the public and agency comments received,the Sound Transit Board passed Motion M2015-56 in July 2015, identifying the I-5 Alternative with the Kent/Des Moines SR 99 East Station Option as the Preferred Alternative for evaluation in the Project's FEIS. The evaluation of alternatives used to select the Preferred Alternative was discussed in Chapter 8 of the Project's FEIS. The first critical factor evaluated was how the FWLE would meet the six need statements identified for the Project(and summarized in this memorandum under the response to section (a)). All Build Alternatives evaluated in the FEIS met the six need statements;the No Build Alternative did not meet the purpose and need for the Project. The Build Alternatives identified in the Project's Final EIS were also evaluated(FWLE Final EIS, Chapter 8—Alternatives Evaluation)to focus on trade-offs among the alternatives in meeting purpose and need. Three key performance factors were evaluated for each build alternative(cost, travel time, and projected ridership). There were no substantial differences between build alternatives in terms of travel time and ridership. Costs varied more widely, with the Preferred Alternative being the least expensive and the SR 99 Alternative being the most expensive. Based on refinements to the Preferred Kent/Des Moines Station following publication of the Draft EIS,the TOD potential was also similar for all alternatives and did not differentiate them. Key impacts and resource area impacts were evaluated as well for all build alternatives. The tbllowing summary was extracted from Chapter 8—Alternatives Evaluation of the Project's Final EIS. FWLE City of Federal Way EPF Memorandum Page 7 280 How EIS Measure Key Impacts Read to Alternatives Comparison Units � Preferred Units SR 99 to 1-5 Units + res SR 99 Units �1.5 to SR 99 Residential Displacements - Displacements for the Preferred,SR 99 to 1-5 and 1-5 to SR 99 196 � would occur mostly north of Kent-Des Moines Road and in 36 w the Kent/Des Moines Station area. 108 - SR 99 Alternative displacements would mostly occur in the 203 Kent/Des Moines Station area. Preferred Alternative displacements would occur in the Business Displacements Kent/Des Moines Station area and the Federal Way Transit Center Station area. 42 SR 99 displacements would occur along the entire corridor, 101 '' but would mostly be at station areas. 46 SR 99 to 1-5 Alternative would avoid many of the business 96 displacements associated with the SR 99 Alternative by being primarily in the 1.5 right-of-way south of Kent-Des Moines Road. Residences with Reduced `° 1-5 to SR 99 Alternative would have most residences with reduced Visual Quality visual quality due to housing density along 1-5 north of Kent-Des 290 Moines Road and south of S 24oth Street. 260 p Reduced visual quality along the 1-s corridor would be primarily caused by removal of vegetation to the east. 175 Reduced visual quality along the SR 99 corridor would be primarily 375 caused by the elevated guideway in the SR 99 median. Noise Impacts Preferred Alternative would have the fewest noise impacts due to the i lower density of housing along 1-5 and a mixed profile that includes at-grade and trenched portions. 647 SR 99 Alternative would have the most noise impacts due to the 2,266 greater density of housing along SR 99 and an entirely elevated 1,200 guideway. 1,860 All noise impacts would be mitigated. Most would be mitigated with sound walls,although some would require residential insulation. Vibration Impacts SR 99 to 1-5 Alternative would have the most vibration impacts because its alignment is close to residences and includes at-grade and 193 trenched portions. 50 SR 99 would have the fewest vibration impacts due the 209 greater distance from residences and an entirely elevated guideway. 45 i All vibration impacts would be mitigated at the source(at the rails). Upland Habitat Impacts + Preferred Alternative would remove the most upland habitat because 35 Acres It would be located primarily in the undeveloped,forested I-5 3 Acres '+. right-of-way south of S 24oth Street. a SR 99 Alternative would remove the Least upland habitat because it 22 Acres would be located primarily in the heavily developed SR 99 corridor 4 Acres EL that contains minimial vegetation. FWLE City of Federal Way EPF Memorandum Page 8 281 How EIS Measure to Preferred Alternative Options Read Option L + Decrease Increase No Change Performance Measures Units/Acres(Range) Cost Travel Time Ridership TOD Option Area (Milllons, (Minutes) (Daily FWLE Bnardings) Potential � I I Kent/Des Moines 110 --1 +zo i Soo r.� Lower-.. Landfill -10 J >r S 272nd Star Lake -30 S 317th -Zr I Federal Way City Center �o _� 130 i zsoo� cower N N/C NIC N/C The Kent/Des Moines At-Grade Station Option would have the greatest cost savings, The Federal Way 5 320th Park-and-Ride Station Option would have the greatest cost increase. The Kent/Des Moines Options would decrease ridership due to the closer location to 1-5. The Federal Way 1-5 Station Option would decrease ridership due to the greater distance to the Federal Way Transit Center. The Kent/Des Moines and Federal Way City Center station options would have lower TOD potential, How EIS Measure SR 99 Options Read Option -~I + -L- Decrease Increase No Change Performance Measures Units/Acres(Range) Cost Travel Time Ridership TOD Option Area (Millions) (Minutes) (Daily FWLE Boardings) Potential S 216th +90 +1 .1,000 Higher Kent/Des Moines -zo -20 S 260th +90 1 +1,000 Higher S 272nd Federal Way City Center rra 1 1,5001 4 IJrC N/C N/C N!C • Adding a station at S 216th or 5 260th Street would add up to$90M. • Greatest cost savings would be at Federal Way SR 99 Station Option. • In Kent/Des Moines area,the SR 99 Median Station would be the most expensive. • There would be no change in travel time except with the Federal Way SR 99 Station Option. • Additional stations at S 216th and S260th would each increase project boardings by 1,000. • The Federal Way SR 99 Station Option would have lower ridership due to its distance from the transit center. The S 216th and S 260th station options would increase TOD potential. FWLE City of Federal Way EPF Memorandum Page 9 282 Preferred Alternative How EIS Measure Read Option + A. Options Impacts Decrease Increase No Change Units/Acres(Range) Residential Displacements • The Kent/Des Moines At-Grade Station Option would Kent/Des Moines -57 •aa have the greatest reduction in residential displacements. Landfill Median Alignment 1.1 S 272 Star Lake F The S 320th Park-and-Ride Station Option would have S 317th Alignment the most additional residential displacements. Federal Way City Center * +19 Business Displacements The Kent/Des Moines I-5 East Station Option Kent/Des Moines -16 would have the greatest increase in business Landfill Median Alignment V displacements. S 272 Star Lake * The S 32oth Park-and-Ride Station Option would have S 317th Alignment I g � the greatest reduction in business displacements. Federal Way City Center -19 Residences with Reduced None of the options would change visual quality Visual Quality impact, Kent/Des Moines Landfill Median Alignment S 272 Star Lake S 317th Alignment Federal Way City Center i Light Rail Noise Impacts The S 317th Elevated Alignment Option would have the Kent/Des Moines -29 •ia greatest increase in noise impacts. Landfill Median Alignment 41, The Kent/Des Moines 1-5 Station Option would have S 272 Star Lake ;,64 the greatest reduction in noise impacts. S 317th Alignment Federal Way City Center -3- •as Vibration Impacts ibratiMoines The Kent/Des Moines At-Grade Station Option and I-5 Station Option would increase impacts. Landfill Median Alignment S 272 Star Lake i All other options would have no changes in impacts. S 317th Alignment Federal Way City Center I* NX Upland Habitat Impacts The Landfill Median Alignment Option would Kent/Des Moines —4-3 have the greatest reduction in upland habitat removed. Landfill Median Alignment The Kent/Des Moines 1-5 Station Options would have S 272 Star Lake aq.a S 317th Alignment an increase in upland habitat removed. Federal Way City Center ! FWLE City of Federal Way EPF Memorandum Page 10 283 How EIS Measure to SR 99 Options Impacts Read option n+ Decrease Increase No Change Units/Acres(Range) Residential Displacements * �� The Kent/Des Moines HC Campus Station Option from S 216th the S 216th West Station Option would have the greatest Kent/Des Moines 44 increase in residential displacements. S 26 0th 1 The S 216th East Station Option would add residential S 272nd •4 displacements but the S 216th West Station Option Federal Way City Center would not. N/C Business Displacements The potential additional stations at S 26oth Street would S 216th •13 havethe greatest increase in business displacements. Kent/Des Moines 14 Different businesses would be impacted by the S 272nd S 26 0th - +18 Redondo Trench Station Option, but the total number S 272nd 1 would not change. Federal Way City Center -13 Federal Way SR 99 Station Option would have the WC greatest decrease in business displacements. Residences with Reduced The S 216th West Station Option would avoid visual Visual Quality impacts to residence north of 216th Street by being S 216th -15 in a trench. Kent/Des Moines * +15 The Kent/Des Moines HC Campus Station Option would S 26 0th * be the only option to increase visual impacts at the S 272nd +40 Kent/Des Moines Station. Federal Way City Center S 272nd Redondo Trench Station Option would have the _ NX _greatest increase in residences with reduced visual quality. Light Rail Noise Impacts Options in trenches would have the greatest reduction in noise impacts. S 216th 201 In the Kent/Des Moines Station Area,the HC Campus Station Kent/Des Moines -40 0 wwwmI+161 Option and SR 99 Median Station Option would increase impacts S 26 0th and the SR 99 East would decrease impacts. S 272nd -439 The Federal Way SR 99 Station Option avoids displacing a hotel,which results in more noise impacts compared to the Federal Way City Center 1'*47 SR 99 Alternative. N/c Vibration Impacts * The S 216th West Station Option would have the greatest S 216th -sox-4.16 decrease in impacts because it would displace a hotel Kent/Des Moines r4+12 impacted by the SR 99 Alternative. S 26 0th 4412 + The S 272nd Redondo Trench Station Option would have S 272nd +0 the greatest increase in impacts due to closer proximity Federal Way City Center to residences. Nrc Upland Habitat Impacts Changes in upland habitat removed for most options S 216th W4+1 would be minimal. Kent/Des Moines No+' S 26 0th +1 The S 272nd Redondo Trench Station Option would have the greatest increase in upland habitat removed because S 272nd 4 it would be primarily undeveloped areas adjacent to SR 99. Federal Way City Center N/C FWLE City of Federal Way EPF Memorandum Page 11 284 (e) Concentration of essential public facilities. In considering a proposal, the city shall examine the overall concentration of these facilities within the city to avoid placing undue burden on any one neighborhood. Documented in Chapter I of the Project's FEIS (Purpose and Need) is the fact that no public facility currently exists in the City of Federal Way serving the need for a rapid,reliable, accessible, and efficient transportation alternative to meet anticipated regional growth. An evaluation of potential cumulative impacts of the Project was completed and published as Chapter 6 of the Project's FEIS. This evaluation looked at past and ongoing development trends, reasonably foreseeable future actions, and whether the FWLE Project would contribute to cumulative impacts. The results of the analysis concluded that no undue burden would be placed on any neighborhood in Federal Way(FWLE Final EIS—Section 6.5.5.). (f) Publicparticipation. Sponsors shall conduct local outreach efforts with early notification to prospective neighbors to inform them about the project and to engage local residents in site planning and mitigation design prior to the initiation of formal hearings. Sound Transit held public meetings with residents,neighborhood groups, individual businesses and business groups in the City of Federal Way throughout the Project's development to inform them about the Project and solicit input on planning efforts. Sound Transit conducted stakeholder workshops for each station from fall 2015 to spring 2016. These workshops gained consensus on station locations and identified access improvements to be included in the project or developed by others. Sound Transit also met with the City of Federal Way and King County Metro in September and October 2015 to optimize the location of the Preferred Federal Way Transit Center Station. Most recently, in 2017, eleven meetings were hosted with individual residents and neighborhood groups along the segment of the alignment located in Federal Way. ST hosted ten meetings with Federal Way businesses and the Federal Way Chamber of Commerce located along the alignment. In addition, ST participated in three community events held in the summer of 2017, as well as inviting Federal Way residents and businesses to a station area"look and feel" community workshop at the Federal Way Community Center in September 2017. During this same period, ST engaged stakeholders through local media to the community to participate in an online station area"look and feet"survey. Approximately 800 Federal Way residents and businesses participated. The results of the survey are included in the Contract Request for Proposals for the Design Builder to inform the final FWLE design. (g) Proposed impact mitigation. Theproposal must include adequate and appropriate mitigation measures for the impacted area and neighborhood. Mitigation measures may include, but are not limited to,natural features that may serve as buffers, other site design elements used in the development plan, and/or operational or other programmatic measures contained in the proposal. The proposed measures should be adequate to substantially reduce or compensate for anticipated adverse impacts on the local environment. Project mitigation commitments were published for public and agency review in the Project's Final EIS and were included in the NEPA Record of Decision as Appendix B—Mitigation Plan FWLE City of Federal Way EPF Memorandum Page 12 285 The excerpt that follows is taken from Exhibit B of the Record of Decision describes Sound Transit's mitigation commitments that will be implemented to avoid or minimize the project's impacts identified in the FEIS. Sound Transit will regularly report to the Federal Transit Agency(FTA) on the progress of incorporating and implementing Project mitigation measures as a condition of being eligible for and receiving federal funds to construct the Project. Furthermore, Sound Transit and the City intend to execute a Development Agreement for the FWLE Project that will more specifically outline commitments for designing and constructing the Project in such a way to be consistent with City code requirements and development objectives. FWLE City of Federal Way EPF Memorandum Page 13 286 COUNCIL MEETING DATE: May 21,2019 ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: RESOLUTION: ADOPT CITY OF FEDERAL WAY AMERICANS WITH DISABILITIES ACT TRANSITION PLAN POLICY QUESTION: Should City Council adopt the City of Federal Way Americans with Disabilities Act (ADA) Transition Plan? COMMITTEE: Land Use and Transportation Committee MEETING DATE: May 6, 2019 CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ® Resolution ❑ Other STAFF REPORT B : Desiree S. Winkler, P.E., Deputy Director DEPT: Public Works Attachments: Staff Report Resolution Options Considered: 1. Adopt the proposed resolution. 2. Do not adopt the proposed resolution and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: d-s 5 _DIRECTOR APPROVAL: 061hinitice Cou / [niliallDalc Initial/Date f' !.ilial .tte COMMITTEE RECOMMENDATION: I move to forward the proposed resolution to the May 21, 2019 consent agenda for approval. 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# 287 CITY OF FEDERAL WAY MEMORANDUM DATE: May 6, 2019 TO: Land Use&Transportation Committee VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public Works Director {0u4esiree S. Winkler, P.E., Deputy Public Works Director SUBJECT: Americans with Disabilities Act (ADA)Transition Plan FINANCIAL IMPACTS: The development of this "Americans with Disabilities Act (ADA) Transition Plan" has been accomplished through existing staff resources. The larger financial impact of completing the physical infrastructure upgrades is currently not fully funded and is currently implemented through the course of other capital improvement projects. Additional funding for stand-alone infrastructure upgrades will need to be identified in future budget discussions. BACKGROUND: The landmark Americans with Disabilities Act (ADA) of 1990 provides comprehensive civil rights protections to qualified individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunications. A primary goal of the ADA is the equal participation of individuals with disabilities in the mainstream of American society. The ADA requires that all governmental agencies complete a Transition Plan for the construction of accessible routes in streets, municipally owned parking lots, and public facilities. A summary of requirements for the ADA Transition Plan are as follows: 1) Policies, procedures, and design standards to ensure new construction and modifications meet current ADA standards. 2) Detailed inventory and evaluation of existing pedestrian pathways. 3) Detailed outline of the process and schedule for removing these barriers to make public pathways accessible. 4) Establishment of a grievance process that may be used by anyone who wishes to file a complaint alleging discrimination on the basis of disability. 5) Identification of an ADA Coordinator. 6) A robust public outreach process for the development of the ADA Transition Plan. The detailed evaluation of the City's existing pedestrian facilities requires walking and measuring every stretch of pathway including sidewalks, driveways, and curb ramps. This is a tremendous undertaking and has been accomplished through existing and temporary staff resources. Given the immensity of a city- wide evaluation, staff focused on one geographical location with the highest density of pedestrians —the City Center. This is one stage of a multiple stage process that will eventually have all public facilities evaluated. 288 May 6,2019 Land Use and Transportation Committee ADA Transition Plan Page 2 Summary_ -City Center Findings In City Center there are over $4.0 Million of non-ADA compliant pedestrian facilities; however, it is recommended that approximately $1.0 Million of these non-compliant facilities be classified as a barrier and require replacement. Strategy for implementing replacements include replacement of facilities as part of adjacent pavement overlay and/or capital improvement projects; requirement for development to upgrade as part of development; and establishing funding for stand-alone spot improvement projects. Public Outreach Staff completed public outreach for the"Draft ADA Transition Plan—Stage 1"as follows: 1) Public review copies of the draft plan were made available in public libraries, at City Hall, and on the City's web site. Advertisement of its availability was made through legal notices and social media; including outreach in Korean and Spanish languages. 2) Specific outreach to groups representing people with disabilities were sent copies for review and comment including: • Kimberly Meck,Executive Director of Alliance of People with Disabilities, • Robert Blumenfield, Associate Director of Alliance People with Disability, and • Michael Richardson,Director of NW ADA Center. 3) Staff worked with Public Transit Agencies regarding specific groups, citizens, or riders that may have an interest in the City's Transition Plan and reached out to them accordingly, including: • Tim Renfro,ADA Administrator for Pierce Transit, • Dion A. Graham, ADA Service Administrator, for King County Metro, and • Donna Smith,Manager of Accessible Service for Sound Transit. Feedback was overall positive and supportive of the City's Plan and commitment to removing barriers. A couple of recommendations by Mr. Tim Renfro, Pierce Transit included having a specific timeline for removal of major barriers (20 years) and more specific commitment regarding how the City will evaluate and respond to requests. These comments were addressed in Section 7.5; Section 3.0(item 8); and Section 8.0 (Recommendation 2). Next Stens The Public Works Department is in the process of completing field investigation for the City's arterials and finalizing the data collecting tool for access to City facilities. It is the goal by the end of the year to have all field work completed for all arterials and major City facilities and evaluation and cost estimates for high priority barriers for these areas completed by June 2020. The residential sidewalks will take approximately five (5) years to complete under current projected staff levels. The City will need to work on a plan to complete the ADA Transition Plan for other public facilities including parks and inside of City-owned buildings. The City will continue to remove barrier through its capital projects. It is also recommended to look for grant funding opportunities to complete ADA upgrades. For example, the recent Complete Streets Grant award from the WA State Transportation Improvement Board (TIB) is being utilized to complete high- priority ADA upgrades. 289 RESOLUTION NO. A RESOLUTION of the City of Federal Way,Washington,adopting the City of Federal Way Americans with Disabilities Act(ADA)Transition Plan. WHEREAS,Title II of the American With Disabilities Act(ADA)applies to State and local government entities,protects qualified individuals with disabilities from discrimination on the basis of disability in services,programs,and activities provided by state and local government entities;and WHEREAS, Title I1 of the ADA mandates that every public agency with more than 50 employees has an ADA Transition Plan, which describes how the City will ensure its facilities, services, programs, and activities are accessible; and WHEREAS,the City of Federal Way,in compliance with Title II of the ADA is required to address the subject of ensuring that City of Federal Way's services, facilities, and public rights-of- way are accessible to people with disabilities; and WHEREAS, the City of Federal Way now desires to adopt the "City of Federal Way Americans with Disabilities Act (ADA) Transition Plan." NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Section 1.The City of Federal Way American with Disabilities Act(ADA)Transition Plan, attached as Exhibit A and incorporated by this reference is adopted. City staff shall continue to integrate the provisions of the ADA into the design and construction of all facilities and all public accesses,including buildings,parks,sidewalks and any public facilities under the control of the City. In addition, any City facilities required to be retrofitted shall be modified as described in the Plan. Resolution No. 19- Page 1 of 3 Rev 1/19 290 Section 2: Any subsequent updates of the Plan shall be adopted by the Mayor after City Staff presents the updated Plan to the Land Use and Transportation Committee. 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 to follow] Resolution No. 19- Page 2 of 3 Rev 1/19 291 CITY OF FEDERAL WAY: JIM FERRELL, MAYOR ATTEST: STEPHANIE COURTNEY, CMC, CITY CLERK APPROVED AS TO FORM: J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO.: Resolution No. 19- Page 3 of 3 Rev 1/19 292 Exhibit City of Federal Way 293 Table of Contents LIST OF ABBREVIATIONS /ACRONYMS / SYMBOLS......................................................... 2 1.0 INTRODUCTION.....................................................a........................................................ 3 2.0 OVERVIEW......................................................... .......... 4 3.0 POLICIES AND PROCEDURES ...................................................................................... 5 3.1 City of Federal Way Policies and Procedures for Creating Barrier-Free Transportation Systems: New Construction and Alterations.................................. 6 3.2 Pedestrian Path Evaluation Procedures:.................................................................. 7 3.2.1 Preliminary Evaluation—Curb Ramps Only............................................... 7 3.2.2 Detailed Evaluation..................................................................................... 7 4.0 SIDEWALK, CURB RAMP, DRIVEWAY AND ACCESSSIBLE PEDESTRIAN SIGNAL INVENTORY.......................................................................... 13 4.1 Barrier Prioritization............................................................................................. 13 4.2 Accessibility Index Score ........................................................ ................ 14 4.3 Pedestrian Attractor Prioritization Methodology.................................................. 15 4.4 Geographical Location Consideration.................................................................. 16 4.5 Other Considerations ............................................................................................ 16 5.0 HIGHEST PRIORITY EVALUATION CRITERIA........................................................ 17 6.0 STRATEGIES FOR FUNDING BARRIER REMOVAL................................................ 19 7.0 FINDINGS FOR CITY CENTER.................................................................................... 20 7.1 Sidewalk........................................................ ....................................................... 21 7.2 Curb Ramps ..........................................................................................................24 7.3 Driveways................................................................................ ...27 7.4 Pedestrian Signals........................................................... ....... 31 . ............................... 7.5 Transition Plan Cost and Schedule....................................................................... 33 8.0 RECOMMENDATIONS.................................................................................................. 36 APPENDIXA............................................................................................................................... 38 Pagell 294 LIST OF ABBREVIATIONS I' ACRONYMS f SYMBOLS ADA Americans with Disabilities Act APS Accessible Pedestrian Signal BAA Boarding and Alighting DWS Detectable Warning System GIS Geographic Information System M/T/S Median/Traffic Island/Splitter Island MUTCD Manual on Uniform Traffic Control Devices PAR Pedestrian Access Route PPB Pedestrian Push Button PCP Pedestrian Circulation Paths City City of Federal Way min. minimum max. maximum in. inch(es) ft. feet " inch(es) feet % percent 295 1.0 INTRODUCTION The landmark Americans with Disabilities Act of 1990 provides comprehensive civil rights protections to qualified individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunications. A primary goal of the ADA is the equal participation of individuals with disabilities in the "mainstream" of American society. Title II of the Act took effect on January 26, 1992 and covers programs, activities, and services of public entities, including City of Federal Way, Washington. Most requirements of Title II are based on Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination on the basis of disability in federally assisted programs and activities. The ADA extends Section 504's non-discrimination requirement to all activities of public entities, not only those that receive Federal financial assistance. Stage 1 of the City of Federal Way Americans with Disabilities Act (ADA) Transition Plan provides policies and practices for implementing physical pedestrian improvements within the public right-of-way of the City of Federal Way in the City Center. The goal is to optimize the pedestrian experience, to provide safe and usable pedestrian facilities for all pedestrians, and to assure compliance with all federal, state, and local regulations and standards. The ADA requires that all governmental agencies complete a Transition Plan for the construction of accessible routes in streets, municipally owned parking lots, and Public Facilities. The contents and requirements of ADA Transition Plans are described in the ADA Title II Technical Assistance Manual, Section II-8.3000. Future stages of the City's ADA Transition plan will cover: Stage 2—Arterial Streets Stage 3 —City Properties (under ADAAG) Stage 4—Collector Streets Stage 5 —Local Streets Stage 6—City Parks and Buildings (under ADAAG) The stages were developed in order to have manageable amounts of work to complete and analyze. The order of the stages were determined to address the areas that serve the greatest number of people and that support access to mass transit. The goal is to complete the self-evaluation work within the next ten(10) years; remove all major barriers in the next twenty (20) years; and complete biennial updates of the plan every two (2) years. 296 2.0 OVERVIEW The City of Federal Way ADA Transition Plan contains the following: • Policies and Procedures • A list of physical barriers in the City that limit the accessibility of public pedestrian paths, including signalized pedestrian crossings to individuals with disabilities; • A detailed outline of the process to be implemented for removing these barriers to make public sidewalks accessible; • A schedule for taking the necessary steps to achieve compliance with Title II and identifies the interim steps that will be taken for the transition period; • The name of the official responsible for the Plan's implementation. This ADA Transition Plan is the first published by City of Federal Way. It should be considered a first step of a larger process. City of Federal Way's approach is unique, in that this document does not attempt to inventory all ADA deficiencies city-wide. This document fully inventories selected geographic areas within the City as they are completed. Taking an incremental approach better utilizes City of Federal Way's limited resources, balancing community needs with funding realities. The reduced scope of this first edition ADA Transition Plan will provide the City with valuable cost data that can be applied to other geographic areas within the City in future Plan updates. More accurate cost data will help to better fit size of projects to program budgets. The ADA requires that meaningful public participation be included as part of the ADA Transition Plan drafting and adoption process. Input from various stakeholders is currently being sought. Members of the public who have requested accommodations are being invited to review the draft of this plan, as well as other individuals with disabilties and their advocates. The draft of this plan will be provided in accessible formats upon request. In addition to the specific call for comment on this draft Transition Plan, the document will undergo public hearings that allow for public comment at City of Federal Way City Council meetings. There is much work to do to upgrade Federal Way's pedestrian facilities within its public rights of way,but the City of Federal Way is committed to making ours an accessible community. 297 3.0 POLICIES AND PROCEDURES A barrier-free transportation system requires policies and procedures that ensure that all departments and programs are striving to meet the goal of a transportation system that is free of barriers. Planning documents must provide clear policy direction for new development. Inspection practices must assure that sidewalk facilities have been constructed according to plan and meet applicable standards. The City is committed to ensure pedestrian facilities are developed to the highest accessibility standard, regardless of whether pedestrian facilities have been constructed as part of a private development project or as part of a public works project. The cost associated with remediation of work that has been done incorrectly often far exceeds the original cost of the initial project. Specific Federal Way Policies are as follows: 1. The City's Comprehensive Plan includes goals and policies that support development of an accessible transportation system (Chapter Three Transportation, page 66, Policy TP62); 2. The City Development Standards include specific requirements to construct new infrastructure and upgrade existing infrastructure to meet current ADA guidelines; 3. Updates to the City Development Standards will include specific requirements to upgrade sidewalks and traffic signal crossings to meet current ADA guidelines; 4. Concurrent with street overlay work, every place where sidewalks intersect the project, the crossing will be brought up to current ADA guidelines, including compliant accessible routes,to the maximum extent feasible; 5. Concurrent with all major capital improvement projects, sidewalks (including driveways and curb ramps within the project limits) will be brought up to current ADA guidelines, and accessible pedestrian signals (APS) shall be installed at all signalized pedestrian crossings; 6. Roadway design will meet current ADA guidelines to the maximum extent feasible to assure that new ramps are properly located, designed, and constructed correctly; 7. Inspection practices will assure that sidewalk facilities have been constructed according to plan and meet applicable guidelines; 8. Citizen requests will be well-documented and follow-through will be tracked as an appendix to this document. Barriers associated with citizen requests will be mitigated as soon as practical and upgrades to current standards implemented as resources allow in accordance with prioritization process. (For example: additional flat, hard surface can be provided to provide reasonable access immediately, but adjacent pedestrian path may not be 100% ADA compliant). 9. The Public Works Director/Deputy Director will serve as the Sidewalk Transition Plan Manager for the Public Works Department for work within public right-of-way. Federal Way is responsible for transitioning all of the City pedestrian facilities within public rights-of-way and public facilities to be compliant with the current ADA guidelines. Upgrading the entire network is an immense undertaking and must be done in phases that are dependent on available resources. 298 3.1 City of Federal Way Policies and Procedures for Creating Barrier- Free Transportation Systems: New Construction and Alterations Title II of the ADA requires that new facilities be designed and constructed such that they are readily accessible to and usable by persons with disabilities. New construction projects address the construction of a new roadway or other transportation facility where none existed before. New construction is expected to meet the highest level of ADA accessibility unless it is structurally impracticable to achieve full compliance. If full ADA compliance cannot be achieved in new construction, compliance is required to the extent structurally practicable. The United States Department of Justice (USDOJ), the primary enforcement agency for the ADA, has explicitly clarified in its guidance on the ADA regulations that structural impracticability is not to be applied to situations in which a facility is located in "hilly" terrain or on a plot of land upon which there are steep grades. In such circumstances, accessibility can be achieved without destroying the physical integrity of the structure, and is required in the construction of new facilities. The City of Federal way Development Standards demonstrate and take into account ADA requirements for new construction by providing compliant details for use in new developments or within public Rights of Way. In the City of Federal Way, the vast majority of construction projects are not classified as new construction under the ADA, but rather they are classified as alterations. An alteration is a project that occurs within an existing developed right-of-way. Alterations include reconstruction, major rehabilitation, widening, resurfacing (e.g., asphalt overlays or mill and fill), signal installation and upgrades, and projects of similar scale and effect. An alteration project must be planned, designed, and constructed so that the required accessibility improvements occur at the same time as the alteration. Alterations to existing facilities are required to meet new construction standards to the maximum extent feasible. If full ADA compliance cannot be achieved in an alteration, compliance is required to the maximum extent feasible within the scope of the project. Examples of work that is not within the scope of a project include the need to acquire right of way when right of way is not being acquired elsewhere on the project; the need to relocate utilities when utilities are not being relocated elsewhere on the project; the need to vertically realign the roadway when the roadway is not being vertically realigned elsewhere on the project; etc. Federal Way will document instances in alteration projects where full compliance could not be achieved in a maximum extent feasible memorandum. The documentation of these instances will reveal the standard of care that guided engineering judgments. On January 23, 2008 the US Department of Transportation issued a memorandum titled Public Rights of Way Advisory. In this memorandum, USDOT requires local agencies receiving federal funds, such as Federal Way, to utilize the 2005 PROWAG for accessibility standards for all new construction and for all alteration projects. USDOT has provided subsequent clarification that "resurfacing is an alteration that triggers the requirement to add curb ramps if it involves work on a street or roadway spanning from one intersection to another, and includes overlays of additional material to the road surface, with or without milling," provided the overlay impacts an intersection or crosswalk. Minor patching, such as may occur to fill a pothole or adjust a utility lid is exempt. 299 3.2 Pedestrian Path Evaluation Procedures: Beginning in 2017, the City is updating the sidewalk and curb ramp inventory using the following two-step process: 3.2.1 Preliminary Evaluation - Curb Ramps Only Preliminary evaluation is designed to give the City a reasonably accurate sense for what the existing conditions are. "The Preliminary Evaluation-Curb Ramps Only" will inventory and document: A. Existence of sidewalk; B. Existence of curb ramps at all locations in which the sidewalk intersects roadway intersections or makes a major transition; C. Analysis using the City's aerial photography and Google Street View TMto determine whether or not existing curb ramps are compliant. These will be categorized as follows:: 1. Not compliant with current ADA guidelines and do not offer "substantial compliance", i.e. do not offer and safe and usable access to the majority of the population needing curb ramps for mobility; 2. Not compliant with current ADA guidelines but do offer "substantial" compliance, i.e. they do offer safe and usable access to the majority of the population needing curb ramps for mobility (the ramp was built in the past under a vastly different standard and was compliant when built, but falls short of current guidelines); or 3. Geometry is close to the current guideline, and: a. Has ADA detectable warning surface; or b. Does not have ADA detectable warning surface; and c. Does have what appears to be a level landing that is close to or exceeds four feet by four feet in area. d. Does not have what appears to be a level landing that is close to or exceeds four feet by four feet in area. The City concluded this work in 2017 and the results showed that over 80% of the 2,600+ curb ramps fail to meet current ADA standards. However, it is estimated that approximately 30% of the 2,600+ curb ramps would need to be replaced or retrofitted in order to provide reasonable accessibility. 3.2.2 Detailed Evaluation Detailed evaluation will fully satisfy the Federal guidance covering self-evaluation. The following evaluation criteria are based on the 2005 PROWAG and have been incorporated into inventory sheets covering six types of pedestrian facilities found within the City of Federal Way: Six types of pedestrian facilities are: 1. Pedestrian Circulation Paths (PCP) (sidewalks and road shoulders) 2. Curb ramp 3. Pedestrian pushbutton 4. Bus Stop 5. Public Parking 300 6. Street Furniture Evaluation Criteria are listed below for all above facilities: 1. Pedestrian Circulation Paths (PCP) (sidewalks and road shoulders) • Continuous pedestrian access route • Diverging surfaces protected to prevent trips or falls • 4'min. clear width, excluding curb • 80" min. vertical clearance to protruding object, or 27" max. height barrier for protruding object • Post mounted objects 27" to 80" height protrude 4" max., excluding curb • Objects that protrude greater than 4" at a height greater than 27" and less than 80" must be equipped with a cane-detectable warning device. • A Pedestrian Access Route (PAR) less than 5' wide clear width (exclusive of curb) shall provide passing spaces 200'min. apart • Passing spaces 5' X 5' min. • PAR cross slope max. 2.0%, except mid-block crosswalk and connected curb ramp can match street grade • Cross slope 5.0%max. at crosswalk without stop sign control • Max. running grade for PAR adjacent to roadway shall not exceed the profile grade of the adjacent roadway • 5.0%max. running grade for PAR not adjacent to roadway • 5.0%max. running grade in a crosswalk(marked or unmarked) • PAR surface shall be firm, stable and slip resistant • Vertical alignment shall be planar • Grade breaks shall be flush • 1/4" max. vertical surface discontinuity • Vertical surface discontinuities between 1/4" and 1/2" may be beveled at 2H:IV or flatter, except at grade breaks. • Sidewalk joints and grate openings shall not permit passage of a max. 1/2" diameter sphere • Elongated grate openings shall be oriented perpendicular to the dominant direction of travel • Provide a PAR if a driveway intersects a walkway/sidewalk 2. Curb Ramus • PAR at each end of crosswalk connected by a ramp • Entrance to the street within crosswalk markings at marked crossings • Clear width 4'min., unobstructed, excluding flares • Running slope 8.3% max. unless ramp length is 15' • Cross slope 2.0%max. • Mid-block ramp cross slope may match the roadway profile • Landing required at top of perpendicular ramp and at bottom of parallel ramp 301 • Ramp landing 4'by 4'min. 0 Ramp landing cross slopes 2.0%max. 0 Mid-block landing cross slopes may match the street profile. 0 Flare slopes 10.0%max. measured relative to curb slope • Flare slope required when PCP crosses the ramp from the side 0 5.0%max. gutter counter slope at the foot of the ramp 0 Surfaces shall be firm, stable and slip resistant • Gratings, access covers, utility objects and other appurtenances shall not be located on curb ramps, landings or gutters within the PAR 0 No vertical surface discontinuity is allowed within curb ramps, landings, or clear spaces for operable parts, which must be planar • Grade breaks at the top and bottom of curb ramps must be perpendicular to the direction of travel 0 Grade breaks must be flush 0 4'by 4'min. clear space where the bottom of curb ramp or landing meets gutter 0 Clear space must be contained within the crosswalk width 0 Detectable Warning Surface (DWS) required if the curb ramp/landing connects to a roadway • Truncated dome pattern required for DWS 0 Rows of truncated domes parallel with back of curb 0 DWS must be full width of curb ramp/landing connection to the street 0 DWS must be 24'min. depth 0 DWS must be installed at back of curb • DWS must contrast with background (light-on-dark or dark-on-light) 0 Median/Traffic Island/Splitter Island (M/T/S) shall provide a PAR connecting to each crosswalk • Each M/T/S PAR is 6'min. length • M/T/S shall provide a passing space min. 5'wide by 5'long for each PAR • DWS located at each M/T/S curb ramp or roadway entrance of a PAR ■ M/T/S DWS are separated by 2'min. in the direction of travel • When the PAR of a shared-use path goes through a median or traffic island, the width shall be the same as the width of the shared-use path 3. Pedestrian Push Buttons (PI"B) (at signalized intersections) • Signalized pedestrian crossings use Accessible Pedestrian Signals (APS) • PPB not greater than 5' from the crosswalk line (extended) that is furthest from the center of the intersection • PPB between 1.5' and 10' from the edge of the curb, shoulder, or pavement • PPB mounting height 48" max., 15" min. (42" desirable) • Clear space adjacent to PPB must be connected to the crosswalk served by a PAR (May overlap ramp landing) • Clear space adjacent to PPB 30" min. (design wheelchair width) by 48" min. (design wheelchair length) 302 • Additional maneuvering space required if the clear space is constrained on 3 sides • Adjacent sidewalk access have 2.0% max. running and cross slopes • Reach range for a parallel approach 10" max. if push button mounting height is between 46" and 48" • Reach range for a parallel approach 24" max. (10" or less desirable) if push button mounting height is 46" max. • Reach range for a forward approach 0" max. • APS push buttons shall have a locator tone that operates during the DON'T WALK and the flashing DON'T WALK intervals only • APS push buttons shall have both audible and vibrotactile indications during the WALK interval • APS push button control faces shall be installed to face the intersection and be parallel to the crosswalk served • APS push buttons shall have a tactile arrow that indicates the crossing direction activated by the button • APS push button is aligned parallel to the direction of travel in the associated crosswalk • APS push buttons shall be high contrast (light-on-dark or dark-on-light) against its housing • APS push buttons with extended push button press features shall be marked with three braille dots forming an equilateral triangle in the center of the push button • If additional crossing time is provided by an extended push button feature, then an MUTCD R10-32P plaque shall be mounted adjacent to or integral with the APS push button • If the pedestrian clearance time is sufficient only to cross from the curb or shoulder to a median to wait the next cycle, then an additional APS push button shall be provided in the median • 10' min. spacing between APS push buttons (5' min. in medians and islands), if feasible • For spacing 10'or greater, audible WALK indication shall be a percussive tone • For spacing less than 10', audible WALK indication shall be a speech walk message 4. Bus Stops • Boarding and Alighting Area (BAA) to 8' min. (measured perpendicular to the curb/roadway)by 5'min. (measured parallel to the curb/roadway) • BAA grade 2.0% max. measured perpendicular to the roadway, matches street grade measured parallel to the street • BAA connected to streets, sidewalks or pedestrian paths by a PAR • Bus shelter clear space entirely within the shelter • Bus Shelter clear space 36" by 48" min. if constrained on three sides. Clear space 30" by 48" min. if not constrained on three sides • Bus shelter connected to the boarding and alighting area by a PAR 303 5. Public Parking • Number of accessible ramps shall meet or exceed the minimum required number of stalls for the block perimeter. • Accessible stalls are located where most convenient to key destinations. • Accessible stalls are located where street cross section and grade are flattest. • For parallel stalls, where the adjacent walkway width exceeds 14 ft, a 5 ft min. access aisle shall be provided at street level. • Parallel stall access aisles shall be connected to the PCP with a PAR. • Parallel stall access aisles shall not encroach on vehicle travel lanes. • Sidewalk adjacent to parallel stalls is free of obstructions and/or curb ramps. • When an access aisle is not required, the accessible parking stall shall be located at either end of the block face. • When an access aisle is not required, the end of block curb ramp may be used as the PAR. • For perpendicular stalls, an 8 ft min. width access aisle shall be provided at street level the full length of the accessible stall. • Perpendicular stall access aisles shall be connected to the PCP with a PAR. • Perpendicular stall access aisles shall be marked to discourage parking in them. • Two perpendicular stalls may share an access aisle except where backing in is prohibited. 6. Street Furniture Where tables are provided in a single location, at least 5.0%, but no fewer than 1, shall comply with the following. • At tables provide a level 30" by 48" clear ground space with knee and toe clearance. • Knee clearance at tables shall be 8" deep min. at 27" height, and may be reduced to 9" height at 11" deep. • Table tops shall be 28" min. and 34" max. height. • The table clear ground space shall be attached to the PCP with a PAR. Where benches without tables are provided at a single location, at least 50% but not less than 1, shall comply with the following: • Provide a level 30" by 48" clear ground space parallel to the short axis of the bench at the end of the bench. • Bench height at the front shall be between 17" min. and 19" max. height. • The bench clear ground space shall be attached to the PCP with a PAR. Trained inspectors use the inventory sheets to identify accessibility barriers in any of these pedestrian facilities. This data will be automatically entered into a database in the City's GIS system and when complete will include all of the City's streets. Once the data is complete, the database will be maintained in-house and such changes as annexations and improvements and/or deterioration that the "score" of a sidewalk segment or curb ramp will be accounted for as soon 304 as the new data is entered. The pedestrian paths (sidewalks), curb ramps, PPB, BAA data dictionary used during ArcCollector TM self-evaluation are located in Appendix A. 305 4.0 SIDEWALK, CURB RAMP, DRIVEWAY AND ACCESSSIBLE PEDESTRIAN SIGNAL INVENTORY As of August 2018 approximately 36% of the City's sidewalks have been inventoried. Preparing a complete and useful inventory is costly for all agencies because of the huge amount of labor required to collect, input, and manage the data. The City of Federal Way has been striving toward the goal of having a complete and accurate inventory of all public infrastructures. The City's current sidewalk and curb ramp inventory was completed in 2018 as part of a comprehensive citywide walkway study focused on high pedestrian use areas with emphasis on the City Center and principal arterial streets, and the City has also completed an inventory of all the city-owned traffic signals that may need accessible pedestrian signal improvements. The inventory identified 1,311 existing curb ramps with approximately 445 of those judged to offer compliance when inventoried. There are 87 traffic signals in Federal Way, six of which are owned and operated by WSDOT. The City has 563 push buttons, among 224 does not have Audible tones. 4.1 Barrier Prioritization To focus City efforts toward facilities that pose the largest barrier within the public right of way, an analysis of the accessibility of each pedestrian facility and its proximity to public destinations such as government offices, schools, churches, parks, transit, senior centers, multifamily homes, and other pedestrian attraction zone are undergoing data collection. The result of this analysis will be a prioritized list of facilities with barriers. If the facility did not meet PROWAG criteria points were assigned, with the number of points dependent on the relative extent of non-compliance. Each facility is given a point (described in section 4.2) for each deficiency category and a sum total of these points indicate the level of noncompliance based on geometric factors. These are categorized into three different levels. A higher total score indicates a higher level of non-compliance(i.e. more of a barrier). The three categories are as follows: 1. Level 1: total score greater than 10 2. Level 2: total score between 5 and 10 3. Level 3: total score less than 5 Each of these Level 1, 2, and 3 non-compliance facilities are given further prioritization depending on the proximity to different types of public destinations. No numerical scoring was recommended to be applied to pedestrian attractors — only that barriers located near the listed fact IItieS be given luglier priority than those iliat are not. In general, Highest priority will be given to Level 1 noncompliance close to public facilities (� ithin 1/8`x'mile radius). 306 4.2 Accessibility Index Score A number of criteria were used to establish the extent to which each pedestrian facility did or did not present a barrier to accessible mobility. The following Tables show these criteria, the threshold used to identify them as a barrier, and the score used to indicate the severity of each barrier relative to each other. These scores are used in barrier prioritization matrix described in section 4.1 Table I:Sidewalks Criteria Threshold Score Width <32 inches 11 <48 inches 3 Cross Slope >2% 2 Cross Slope >4% 11 Ramp Slope >8.33% 2 Ramp Slope >10% 11 Surface Condition <Average 3 Vertical Discontinuity <1/ inch 0 -------------- Vertical Discontinuity >1/4 inch and<1/2 4 inch Vertical Discontinuity >1/2 inch 11 Horizontal Discontinuity >1/2 inch 11 Fixed Obstacles Present 11 Protruding Obstacles Present 3 Non- Compliant Driveway Present 2 Non-Compliant Driveway Cross slope>4% 11 Non-Compliant Driveway Ramp slope>10% 11 Table 2: Curb Rans Criteria Threshold Score Landing Not present 11 Landing Width <32 inches 11 Landing Width <48 inches 3 _ Ramp Width <48 inches 3 Ramp Width <32 inches 11 Ramp Running Sloe >8.33% 4 Ramp Running Slope >10% 11 RampRunning Cross Sloe >2% 2 Ramp Cross Slope >4% 11 Truncated Domes Not Present 3 Flare Sloe >10%0 2 Gutter Sloe >2% 1 Lip > 1/ Inch 2 Lip >1/2 inch 11 Landing Clear Scape <4ft x 4ft 2 Landing Cross Sloe >4% 2 307 Table 3:Driveways Criteria Threshold Score Cross Sloe >2% 2 Cross Sloe >4% 11 Ramp Sloe >8.33% 4 Ramp Slope >10% 11 Table 4:Pedestrian Push Button Accessibilih?Index Criteria Threshold Score No Audible Y 11 Only Audible Y 5 Same Pole Y 5 Non-compliant Push 15"min. 5 Button Height 48"max. 4.3 Pedestrian Attractor Prioritization Methodology The following pedestrian attractors will be considered to select and prioritize deficient facilities from the inventories and those identified by citizen request and are based on following considerations: 1. Government Building: Title II requires city governments to ensure that all of the programs, services, and activities, when viewed in their entirety, are accessible to people with disabilities. Any feature that serves as a barrier to access to a government building or activity is assumed to have the highest priority. The feature must be corrected or an alternative route established that provides barrier-free access; 2. Transit Center or bus stop: a location blocking access to fixed route bus service will have higher priority—with higher priority given to transit centers over bus stops; 3. High percentage of environmental justice populations including minority and low to moderate income as determined by the most recent U.S. Census data. 4. Schools and Primary Walk Routes to Schools: A location that is a barrier along a primary route to school will have a higher priority than other walkways near schools; 5. Churches: church properties frequently host senior and disabled groups /activities. 6. Senior Citizen Center and Housing/Assisted Living/Social Service Agency/Disabled: a location that is a barrier to these locations will have higher priority; 7. Park: a location blocking pedestrian access to parks will have higher priority; 8. Other Pedestrian Attractions: a walkway that services more pedestrians than one with a lower number of pedestrians. The following facilities are identified as ones that tend to attract pedestrians. Additional consideration should accrue to locations that are in close proximity to more than one of the following pedestrian attractors: a. Hospitals b. Arterial Streets c. High Density residential neighborhoods d. Urban center e. Commercial/Mixed Use 308 f. Commercial Neighborhood 4.4 Geographical Location Consideration Table S:Items of ' ographical Location Consideration Location Criteria Rating Criteria Government/Public Building Within 1/8-mile radius of Government Building Transit Park and Ride, Transit Center Within 1/8-mile of high-capacity Transit Stop Transit Bus Stops EJ Population Within 1/8-mile of census tract/block Schools Proximity to Schools Within 1/8-mile radius of School Walk-to-School Route Within Safe routes to School Zone Church Within 1/8-mile radius of Church Senior Center/ Assisted Within 1/8-mile radius of location Living Parks Within 1/8-mile radius of Park Pedestrian Attraction Zone Downtown /Urban Within '/-mile radius of Downtown, Urban /Commercial Business Centers Commercial Business Center Zoning, and /Hospital/ Library/ High High-Density residential Density Residential Neighborhood 4.5 Other Considerations Other factors to be considered when prioritizing barrier removal include: 1. Availability of a convenient alternative route. If there is no alternative available, i.e. available by crossing a two-lane street or by going around a block counter-clockwise instead of clockwise, the location should be given priority over a location that does have an alternative available. 2. Location has standing curb, or "unusable" ramp, versus a location that has a usable ramp that does not conform to current guidelines. 3. The location is not within the project limits of a larger capital improvement project that is reasonably expected to be funded within the next six years. 309 5.0 HIGHEST PRIORITY EVALUATION CRITERIA Citywide, not all non-compliant ramps and traffic signals can be upgraded or replaced immediately, or even in the short term. The City does not have the financial resources to do so. As such, facilities that are not up to current guidelines, but offer relatively safe usability and are not blocking access to an individual or to groups of individuals have a lower priority than barriers that cannot accommodate a large percentage of the affected population. All requests for pedestrian accessibility improvements will continue to be given careful consideration. The City will continue to assign evaluation of citizen requests a high priority and when there is an immediate need, if practical, address barriers in those locations as soon as resources are available. However, in some instances, some barriers are beyond the City's ability to correct. In those cases, the City will work towards identifying an interim alternative accessible route. High Priority facilities evaluation criteria is presented in the following table. To identify facilities that do not meet PROWAG criteria but offer relatively safe usability are presented in the table under the column Low Priority Barrier. Therefore, those facilities that meet the criteria will not get a higher priority. Table 6:Pedestrian Circulation Path/Pedestrian Access Route PROWAG Criteria Low Priority Barrier to be Addressed by Alteration Project Only or by Public Request. 4' minimum clear width, excluding the curb. The clear width may be reduced to 32" at spot locations (i.e., utility poles, signal poles or other foundation-mounted appurtenances) provided there is no drop-off on either side. Pedestrian Access Route cross slope Cross slopes up to 4% maximum will be maximum 2%, except mid-block crosswalks allowed on existing sidewalks and road and connected curb ramps can match street shoulders. grade. Pedestrian Access Route surfaces shall be Gravel shoulders will not be paved. firm, stable and slip resistant. Vertical surface discontinuities between 1/4" Sidewalk panels displaced greater than ''/z" and 1/2" may be beveled at 2H:IV or flatter, may be ground provided the resulting slope is except at grade breaks. planar and flatter than 8.3%. 310 Table 7. Curb Ram as PROWAG Criteria Low Priority Barrier to be Addressed by Alteration Project Only or by Public Request. Clear width 4' minimum, unobstructed, The clear width may be reduced to 32" excluding flares. provided all other 2005 PROWAG guidelines are met. Cross slope 2.0%maximum. Cross slopes up to 4.0% maximum will be allowed on existing sidewalks and road shoulders. Ramp landing cross slopes 2.0%maximum. Cross slopes up to 4.0% maximum will be allowed on existing sidewalks and road shoulders. Flare slopes 10.0% maximum as measured Flare slopes may exceed 10.0% as measured relative to the curb slope. relative to the curb slope where the flare is constrained by an existing utility facility or a foundation-mounted street appurtenance. Gratings, access covers, utility objects and Utility covers are permitted where such covers other appurtenances shall not be located on are treated with a slip resistant coating, the curb ramps, landings or gutters within the maximum open space is %2" or less, the cover Pedestrian Access Route surface is firm and stable, and surface discontinuities are '/" or less. Detectible Warning Surface required if the Detectible Warning Surface will not be curb ramp/landing connects to a roadway prioritized for crossings adjacent to a paved shoulder for Local Access streets. Table 8:Pedestrian Push Buttons and Accessible Pedestrian Sd,-nah;(4 AS) PROWAG Criteria Low Priority Barrier to be Addressed by Alteration Project Only or by Public Request. Push buttons located no greater than 5' Push buttons may be located greater than 5' from the crosswalk line (extended) that is from the crosswalk line provided they are furthest from the center of the intersection. mounted on a signal pole. Pushbuttons between 1 1/2' and 10' from Push buttons may be mounted less than 1.5' the edge of the curb, shoulder, or pavement or greater than 10' from the curb, shoulder or pavement provided they are mounted on a si al pole. Two pushbuttons on the same corner Push Button are on the same pole will be should be separated by at least 10 feet separated only with new grant funded construction and citizen request 311 6.0 STRATEGIES FOR FUNDING BARRIER REMOVAL Opportunities for funding the removal of access barriers include: • New or widened roads • Roadway alteration projects • Maintenance upgrade and repair projects and programs • Requiring private developers to remove access barriers when development affects facilities within the right-of-way; and • Actively seeking out and applying for grant funding specific to removal of access barriers when available. All of the City's capital improvement projects and private development projects within the City's rights-of-way will be constructed to current ADA guidelines. In addition, the City currently has in place a pavement management program that schedules roadway rehabilitation and maintenance. The City plans to review public roadway barriers during the implementation of this Plan, and address those barriers that can be resolved as part of the on-going pavement maintenance and rehabilitation program. As part of the review, the City will revise the Transition Plan schedule for the removal of barriers. The Transition Plan schedule will also be updated as projects for new construction and roadway alterations arise. As a result, the City of Federal Way averages over $300,000 in expenditures annually to achieve the City's goal of a barrier-free transportation system. It should be noted that, although grant funding is theoretically available for retrofitting existing streets, grant funding program criteria are currently structured such that a pure barrier removal project would not score well enough to receive funding. As such, other than as a part of a larger capital improvement project, the majority of barrier removal work is entirely city-funded. 312 7.0 FINDINGS FOR CITY CENTER The City Center is defined in the City's Comprehensive Plan as the area generally bordered by S 312th to the north, S 324th to the South, 11th Place to the west, and Interstate 5 to the east. See Figure 1 for the City Center Vicinity Map. Figure l City Center Vicinity Map Map Date City of Figure 1. City of Fed Oraio�y2018 9 33325 8th Ave S Federal Way City Center Vicinity Federal Way.WA 98003 5-7000 Cit Center www 83offede Y www cilyoffederalway com n (n U) S ST > a S J > > 309 ST a ro 308 CT (I PIL o Nv n S a 310 ST PIL v > f dmr5310ST w ¢ S Co cv 311 ST Afbertsons A U S312ST S312ST S 313 ST H Marl Wa'mart to Steel Lake Ste rn of Q Park Lak m aCO r7 Pavillions a N Ann Qv ^y Center 314 Q ST 00 N 5315ST l!J S315LN Z Vacant S316ST S316ST S316 LN ry 16 ST S 316 ST u, Best Town OTrurnan > S 317 ST M Buy U S 316 PL Square'rransit9 s S 317 ST N H.S. Ob < Park Center LL Trader > Gateway s-' 320th V S 318 PL Joe's a Pal-do s Center Q Qa 319PLMadena's Street a SeaTac N World ,t yrs Library g 320 ST Village Plaza ,t .c`. 321 S320 ST ST Celebration fl) IIJ Safeway Center Sears D D E 2 < s�q Ross The Commons at toCn Q u ST _J s 322 Federal Way S 322 ST a .324pL Cinemas Federal Way/ r+rl Target L S 324 ST Macy's S 324 ST S 320th Street rs Driver Park& Ride S 324 PL WINGED FOOT Wy cl W 9L Licensing City Center SEMINOLELN t, b S325 q 7 ? !s 5C ST ¢z MERro 2W a 8327 in O NWY m�w G ER d O L 0az H13P •Tf S 327 ST t_ ¢z J HIL L s = LrMPI wv 328 VehicleCeleb ation ST Licensing MONTPark N COLONIAL WY CT Post OfficeA(P 5328 PL rat Way (98003) Tec unity S330 'a o Con 1s;gin AT ler ff Legend This map is accompanied by NO warranties N Major Streets Local Streets 0 0 Soo 1000 Freeway Ramp Collector Street D,mded Freeway Local Street "`"°` ©Feel Arterial Street �" - Federal[Way `^_ 313 7.1 Sidewalk City Staff divided the sidewalks into approximately100 to 300 foot lengths, depending upon breaks at driveways and cross streets. The location and data are inventoried and mapped in a geographic information system (GIS) database. The analysis concluded that City Center has 41% ADA compliant sidewalk and 59% non-compliant sidewalk as shown in Figure 2. City Center has only 2% missing sidewalk in mostly one side of a street. All City Center sidewalks are compliant for ADA width. Priority matrix table is attached. The.scoring criteria are described in Section 4.1. Figure 2 City Center Sidewalk Deficiency Compliant Sidewalk Non Compliant Sidewalk —rigure 3 Sideivalk Priority Chart-_ 44 Priority 1 ® 6 Priority 2 137 Priority 3 01 WO 314 Table 9:Sidewalk Priorio,Matrix Senior Location Citizen Transit Serving Primary Center/ Center/ Any Priority Government Walk Assisted Park Description Offices and Route to Churches Living/ and Park Pedestrian Total Public School Social Ride/ attraction Facilities Service bus stop Agency Sidewalk does not meet current standards-priority 6 9 0 0 8 14 7 44 matrix score > 10 points Sidewalk does not meet current standards-priority 2 0 0 0 1 2 1 6 matrix score <_ 10 points and>5 Sidewalk does not meet current standards-priority 36 50 1 0 11 20 19 137 matrix score <= 5 points Note:Each cell represents Qtc nwnbcr ofdeticicnt facilities 315 Fi ure 4 City Center No Sidewalk Percentage 2% P r"gyp, Sidewalk No Sidewalk The City does not have sidewalks on the Northside of S 314th St from Pete Von Reichbauer Way S to 23rd Ave S and portion of Southside at S 314`h Place. S 314th Place is currently a private road but is designated to receive sidewalk with redevelopment. Sidewalk is also missing on the north side of S 312th St between 23rd Ave S and 25th Ave S. Figure Strap of No Sidewalk Locations 1.sr J 14th?1 Q � Q y S ,tFrn St M a r 2 + U N - a /y 4 5 32&th St I � W YJuI(F44,1:out�( 316 Table 10:Sidewalk Compliance Statistics fijr City Center Sidewalk Measurement Category Feet Percentage Sidewalk Material Concrete 25,680 100 Asphalt Others Sidewalk Cracks,Vertical Displacement Fully ADA compliant 22,730 88.51 Non-compliant 2,950 11.49 Sidewalk Cross Slope 0.0%-2.0%(ADA Compliant) 11,640 51.96 2.1%-4.0% 13,344 45.33 >4% 696 2.71 Sidewalk Width 0.1'-4.0' 4.1' to <5.0' (ADA compliant if 200 ft. long or less) >=5.0' (ADA compliant) 25,689 100 Sidewalk Obstruction Fixed object obstruction sidewalk path 171 0.67 317 7.2 Curb Ramps In City Center 71% of curb ramps are ADA non-compliant with ADA and 29% are compliant. Priority matrix table is attached. Figure 6 City Center Deficient Curb Ramp Percentage I 29°r6 Non Compliant 71% Compliant Figure 7 City Center Priority Level Chartfor Curb Ramp I Priority 1 Priority 2 Priority 3 318 Table 11: Curb Rai ip Priorit,Matrix Senior Location Citizen Transit Serving Primary center/ Center, Any Priority Government Walk Churches Assisted Park and Park Pedestrian Total Description Offices and Route to Living/ Ride/bus attraction Public School Social stop Facilities Service Agency Curb Ramp does not meet current standards- 15 25 0 2 6 4 16 66 priority matrix score > 10 points Curb Ramp does not meet current standards- 21 25 0 3 9 1 2 56 priority matrix score <= 10 points and >5 points Curb Ramp does not meet current standards- 23 4 0 1 ll 2 2 43 priority matrix score <= 5 points Note:Each cell represents number of deficient facilities 319 Table 12: City Center Curb Ramp Corr liarice Statistics Curb Ramp Measurement Category Number Percentage Curb Ramp Type Perpendicular 152 60.8 Parallel 70 28 Parallel Single Direction 26 10.2 Median crossing 2 0.8 Other/Non standard 0 0 Curb Ramps Absent Where Required Total missing Ramps 1 0.4 Curb Ramps Fully ADA Compliant Fully Compliant 66 26.4 Non fully compliant 184 73.6 Top Landing 4.0' or greater (ADA Compliant) 142 56.8 <4.0' 10 4 Cross Slope 0.0%-2.0% (ADA Compliant) 122 48.8 2.1%-4.0% 128 51.2 >4% 0 0 Ramp Slope 0.0% to less than 8.33% 134 53.6 8.33%-10% 44 17.6 >10% 72 28.8 Flared Side Slope (only perpendicular ramps) 0.0%-10% (ADA Compliant) 194 77.6 >10% 56 22.4 Truncated Dome No Truncated Dome 125 50 Truncated Dome 125 50 Ramp Obstruction No Obstruction Present 250 100 320 7.3 Driveways The City Center has 67% ADA deficient driveways and 33% non-deficient driveways. High priority driveways will be replaced to meet current ADA standards as part of adjacent capital improvement projects or stand-alone funding. The Priority matrix table is attached. Figure 8 De ficient and Nondefcient Driveway Percentage at City Center Deficient *Non Deficient Figure 9 Driveway Priority Matrix +.� Priority 1 4 *Priority 2 Priority 3 WO 321 Table 13:Driveivay Priority Matrix Location Senior Serving Primary Citizen Transit Government Walk Center/ Center, Any Priority Description Offices and Route to Churches Assisted Park and Park Pedestrian Total Public School Living/Social Ride/ Attraction Facilities Service Bus Stop Agency Driveway does not meet current standards- priority 5 0 0 0 0 19 9 33 matrix score> 10 points Driveway does not meet current standards- priority 3 0 0 0 0 1 0 4 matrix score <= 10 points to>5 points Driveway does not meet current standards- priority 10 17 0 0 2 20 30 79 matrix score<=5 points M1 322 Table 14:Driveway Entrance Compliance Statistics Driveway Entrance Measurement Category Number Percentage Driveway Entrances Fully ADA Compliant Fully Compliant 56 32 Non-compliant 119 68 Ramp Running Slope <=8.33% ( ADA Compliant) 147 82.85 8.34%-9.99% 5 2.85 10% or greater 23 13.14 Ramp Cross Slope 0.0%-2.0% (ADA Compliant) 65 37.14 2.1%-4% 88 50.29 >4% 22 12.57 Driveway entrances featuring cross slopes greater than 4% and ramp running slopes greater than 10% are potentially significant barriers to accessibility. The following Figure 10 shows all of the "Priority 1" deficiencies for sidewalks, curb ramps, and driveways. 323 Figure 10 Priority 1 Pedestrian Barriers Map Oate:October 2018 City of City of Federal My Figure 10: 33325 9th Ave S, Federal Way Priority 1 Pedestrian Barriers Fedara35-70w"99oo3 City Center I www 835-'°00 'www cdyoffederalway-com c ; S 308 S 47 S 309 ST Cl) U In S Uj > ¢S a > > 309 ST ¢ m 308 CT ¢ ¢ Q S 309 PL (n S310PL 310 ST ry ¢ 5 310 S7 g LIJ > 311 ST m ♦ cw U _._ --: j ,. S31JST S312ST 3 S313ST rn 314 ST m ^Q- 5 ' ' 314 Q n ST 4 co > N m S315ST S315LN z S316ST S316� S316LN � N t S316ST 5316 ST ♦ a) TT Qi N }2�~' 17 ST a a S 317 ST V S 316 PL tr l,� UL_ST FL o _ S S1 318 PL a S ¢ 319 PL �JO 5 S11a "�~4 1< )9 _ S 320 ST Al AOL A& _ S 3aO ST GAS�e�'t S321 41 ♦ _ -- ST cNa N 5 �s = ♦< » E CO, t sr � ♦I6 322 s S324 PL ! �i PL Ca sTo ,,S 324 ST Ak ♦ S32ST ! $ r ♦ S 324 PL ♦ VVINGEO FOOT WY al 9L SEMINOLE LN P a7 S 325 ¢ z g Co ST �iz MER"At j�o n o Wv m m` 0- i t~ < z HqERRY m _ S327ST L� LLS PL p s 328 w OLvMPIC Wy OAK- ro p ST i MONT J d. 0 COLONIAL WY CT = S 328 PL O Legend S330 a d ST S 330 STDriveway Hlgh Priority G Q� N f N 3 a ♦ Curb Ramp High Priority 4 a 332 a ro a Sidewalk High Priority = U' ST S 33 i ST I 0� \ This map is accompanied by r\1 Legend NO warranties N [� Freeway Ramp Collector Street n Soo 1000 Divided Freeway Local Street 'V°'edera Feet Arterial Street Private Street Fl Way 324 7.4 Pedestrian Signals For Pedestrian signals, higher priority will be given to locations where there is potential demand to accessible pedestrian signals. APS will be installed according to the availability of funding and citizens' requests or if alterations trigger replacement. Where the existing APS is only audible the City will replace them according to citizens' request only. Other deficiencies are of low priority. However, on federally funded projects, any deficient pedestrian signal will be repaired to make them fully compliant. Figure 11 shows the location of the deficient pedestrian push buttons in city center. Table 15. Pedestrian Signal Cont fiance Statistics of City Center Pedestrian Signal Measurement Category) Number Percentage Button APS Status No APS 20 14.28 Non-Compliant APS Compliant APS Height of push button 0.0'-1.25' 0 1.25'-3.0'(ADA compliant not recommended) 31 22.14 3.0'-4.0' ADA compliant recommended height) 108 77.14 >4.0' 1 0.71 Distance Between Push Button and Edge of Curb 0.0'-1.4' 1.5'-6.0'(ADA Compliant) 6.1' 10.0'(ADA Compliant if physical constraint) >10.0' 68 48.57 Distance Between Push Buttons Same Pole(ADA compliant if physical constraint) 36 25.71 Different poles 0.0'-9.9'(ADA compliant if physical constraint) Different poles 10.0'(ADA com liant) 325 Figure 11 Deficient Pedestrian Push Buttons Map Date October 2018 City of Figure 11. City of Federal Way 33325 8th Ave S Federal WayDeficient Pedestrian Push Buttons Federal Way 0WA City Center www 98003 835-7000 www cityoHederalway com ST to rn in S 309 ST PL v m 308 CT o N ni en S 3 310 ST PL N ¢ S S 310 ST `v 311 ST Alberfsons N U • S312ST S312ST S 313 ST HMart Walmart Steel Lake sts > ; a Park Lak Q� c, Pavillions a N > Ann ^ 4t, Center 314 Q ^ ST co N S315ST S315LN z Vacant S316ST S316ST S 316 ST U) Best a Town S 316 L 16 ST N N )Truman T a S 317 ST Buy V S316 PL SquareTransit�s S 317 ST N H.S. a Park Center U. Trader > Gateway S_' 320th V S 318 PL Joe's a > Pal-do s Center Street a SeaTac ¢ �'�PLnaa,rK+,s s ;? World 0,-9 Library S 320 ST Village N Plaza G � 321 * q, eS 320 ST ST Celebration ' Nn s�] Safeway Center Sears > X q� Ross The Commons at (n Cn `, Js 32z Federal Way IL S 322 ST 324 rpL Cinemas Target Federal Way/ MI S 324 ST Macy's S 324$T S 320th Street �s Driver * Park& Ride 9 S 324 PL p WINGED FOOT WY n 9L Licensing City Center SEMINOLE LN U, S325 ¢ 2 z .3`5j vJ ST 5 327 r Z WRIO,v d coo t.N a z CHFRRy WY m m Q S 327 ST t_ a z HILLS pL o S Vehicle S w OLYMpICWy OAK- m Celeb ation 328 =j MONT J a Park ST Licensing o y COLONIAL WY CT ,= a Post Office 44 S 328 PL Z Wey, rat Way (98003) Tec unity S330 a 0 A_� Garr ST sr Legend This map is accompanied by NO warranties N 9 Deficient Pedestrian Button Major Streets Local Streets 0 500 1.000 Freeway Ramp Collector Street Divided Freeway Local Street Federal Way Feel Arterial Street _. 326 7.5 Transition Plan Cost and Schedule It will take the City many years of dedicated work to upgrade all sidewalk, traffic signals, and other pedestrian improvements to meet current ADA guidelines. This is further constrained by updates to the current guidelines that make current compliant improvements non-compliant. The City does not presently have standalone ADA funding. This Plan provides a foundation for this work, but will require updates in the future. The City will take interim steps on an annual basis to implement this Plan. The City of Federal Way's objective is to address all known Priority 1 deficiencies within twenty (20) years. This schedule can be accelerated if the budget becomes available for standalone barrier removal. The cost estimate is only for the City Center. Cost estimates for Priority Level I locations and all deficiencies is attached. 327 Table 16. Qty Center PNrikori4&Level I Cost Estimation Unit Price ADA Deficiencies Improvement Type Unit Measurements (2018) Total Cost (Remove and Replace) Sidewalks Non-Compliant Sidewalk Sidewalk improvements SY all>4ft $100 $0 Width (upgrade/reconstruct existing sidewalk) Non-Compliant Sidewalk Sidewalk improvements SY 8'X700(GIS $100 $62,222 Slope (upgrade/reconstruct existing sidewalk) length) Non-Compliant Driveways New Driveway with Curb,Gutter,and SY 12'X35'x33 $150 $231,000 Sidewalk Non-Compliant Vertical Sidewalk improvements(sidewalk grading) SY 8'X 20'X38 $100 $67,556 Discontinuity Sidewalk Fixed Obstacles Sidewalk improvements(tree removal, SY 8'X20'X1 $100 $1,778 (trees) panel replacement) Sidewalk Fixed Obstacles Sidewalk improvements(Relocate utility SY 8'x20'x3 $100 $5,333 (Utility Poles) poles,panel replacement) Sidewalk Fixed Obstacles(fire Sidewalk improvements(Relocate Fire SY $100 $0 hydrant) Hydrants,paneI replacement) Sidewalk fixed obstacles Sidewalk improvements(Mailbox,remove SY $100 $0 (Mail Box) and relocate) Sidewalk Fixed Obstacles Sidewalk improvements(remove and SY 8'X20'X1 S100 $3,555 (Junction Box) relocate junction box and panel,reset sidewalk and junction box) Subtotal $371,444 Curb Ramps Curb Ramp without Truncated Add MMA truncated domes EA 3 $1,200 $3,600 Domes Crossings with missing curb New curb ramps EA 1 $5,200 $5,200 ram Substandard curb landings Curb ramp improvement(upgrade/install EA 9 $5,200 $46,800 top landing) Non-compliant ramp width, curb ramp improvement(reconstruct EA 56 $5,200 $291,200 slope and others existing) Subtotal $346,800 Push Buttons Location without APS Push Upgrade existing traffic signal to APS EA 20 $1,000 $20,000 Button Push buttons on same pole Add new pedestrian push button pole EA Not in level 1 $3,000 $0 priority Subtotal $20,000 Total $738,244 Contingency @ 10% $73,824 Design and Construction $88,589 En ineerin 12% Mobilization @ 8% $59,060 TWSC+Traffic Control@ $110,737 15% Total 2018 Dollars $1,070,454 * City will fix curb ramps with no other deficiencies other.than only missing truncated dome in Priority level I because it is easy to fix without major construction. 328 Table 17: City Center Cost Estimation or All Deficiencies Unit Price ADA Deficiencies Improvement Type Unit Measurements (2018) Total Cost (Remove and Replace) Sidewalks Non-Compliant Sidewalk Sidewalk improvements(upgrade/reconstruct SY all>411 $100 $0 Width existing sidewalk) Non-Compliant Sidewalk Slope Sidewalk improvements(upgrade/reconstruct SY 8'X14,000(GIS $100 $1,244,444 existing sidewalk) length) Non-Compliant Driveways New Driveway with Curb, Gutter, and SY 12'X35'x117 $150 $819,000 Sidewalk Non-Compliant Vertical Sidewalk improvements(sidewalk grading) SY 8'X 20'X56 $100 $99,556 Discontinuitv Sidewalk Fixed Obstacles Sidewalk improvements (tree removal, panel SY 8'X20'X1 $100 $1,778 (trees) replacement) Sidewalk fixed obstacles Sidewalk improvements (Relocate utility SY 8'X20'X3 $100 $5,333 (Utility Poles) poles,panel replacement) Sidewalk fixed obstacles (fire Sidewalk improvements (Relocate Fire SY $100 $0 hydrant) Hydrants,panel replacement) Sidewalk fixed obstacles (Mail Sidewalk improvements (Mailbox, remove SY $100 $0 Box) and relocate) Sidewalk fixed obstacles Sidewalk improvements ( remove and SY 8'X20'X4 5100 $1,778 (Junction Box) relocate junction box and panel, reset sidewalk and junction box) Subtotal $2,171,889 Curb Ramps Curb Ramp without Truncated No other deficiencies EA 3 $1,200 $3,600 Domes Crossings with missing curb New curb ramps EA 1 $5,200 $5,200 ram substandard curb landings Curb ramp improvement (upgrade/install top EA 16 $5,200 $83,200 landing) Non-compliant ramp width , curb ramp improvement (reconstruct EA 149 $5,200 $774,800 slope and others existing) Subtotal $866,800 Push Buttons Location without APS Push Upgrade existing traffic signal to APS EA 20 $1,000 $20,000 Button Push buttons on same pole Add new pedestrian push button pole EA 36 $3,000 $108,000 Subtotal $128,000 Total $3,166,689 Contingency @ 10% $316,669 Design and Construction $380,003 Engineering(a, 12% Mobilization @ 8% $253,335 TWSC + Traffic Control@ $475,003 15% Total 2018 Dollars $4,591,699 329 8.0 RECOMMENDATIONS Recommendation 1: Develop performance measures and processes to track removal of barriers Status: Underway The primary purpose of an ADA Transition Plan is to develop a plan for removal of accessibility barriers. In order to show progress towards this requirement, the City should develop a process of tracking barrier removal on a year by year basis. It is recommended that the City actively update the GIS ADA self-assessment database developed for this plan, tracking how and when ADA barriers are removed. This data can be used to provide annual updates on progress and demonstrate to the public as well as federal regulators that the City is making progress to meet Title II requirements. Procedures: Re-inventory areas within overlay and Capital Improvement Projects annually. Recommendation 2: Develop a standard grievance / request process for barriers in the public right of way. Status: Form Complete (see Appendix A). Deputy PW Director Assigned as Lead ADA Coordinator do respond to grievances and requests. City of Federal Way Grievance Procedure under the Americans with Disabilities Act This grievance procedure is established to meet the requirements of the Americans with Disabilities Act of 1990 (ADA). It may be used by anyone who wishes to file a complaint alleging discrimination on the basis of disability in the provision of services, activities, facilities and programs. The complaint should be in writing and contain information about the alleged discrimination such as name, address, and phone number of complainer and location, date and description of the problem. Alternative means of filing complaints such as personal interviews or a recording of the complaint will be made available upon request. The form in Appendix A may be used by a qualified individual with a disability who believes he or she has experienced discrimination based on disability status in admission to, access to and treatment in facilities, program, services, or activities provided by City of Federal Way. An authorized representative may file on behalf of a qualified person with a disability. Grievance on behalf of classes of individuals is also permitted. Information requested on the form must be filled out completely to help expediting the grievance process. 330 The complaint should be submitted by the grievant and /or his/ her designee as soon as possible to: ADA Coordinator Desire6 Winkler, PE Deputy Director of Public Works 33325 8"' Avenue Soutli Federal Way WA 98003-6325 Phone: 253-835-2700 Fax 253-835-2709 Recommendation 3: Develop stand-alone funding to remove the highest priority barriers not associated with Capital projects. Recommendation 4: Prioritized next steps Continue Stages 2 and 3. Recommendation 5: Update and republish ADA Plan every two (2)years. 331 APPENDIX A CITY OF A70 V4�K Federal Wal PUBLIC WORKS DEPARTMENT 33325 81h Avenue South Federal Way WA 98003-6325 253-835-2700;Fax 253-835-2709 www.citoffederalway.com Customer Service Request for Barrier Removal The Customer Request for Barrier Removal program is established through guidance under the American with Disabilities Act (ADA) to serve citizens with disabilities who have identified physical/structural barriers in the community which impede access to services, programs and activities offered by the City of Federal Way. Date of Request: Name: First Middle Last Address: Telephone number Mobile# Email: If person needing accommodation is not the individual completing this form, please enter Name Phone# email Location information(please provide specific location of the problem/request) Street Name and Address (if available) Cross Street Comments: (describe your request/concern, if possible location on Map) 332 Signature: Date: Please return this form to City of Federal Way ADA Coordinator. City Staff will be in contact with you soon. City of Federal Way Public Works Department 333258 th Avenue South Federal Way WA 98003-6325 For assistance in completing this form please contact(253) 835-2700 Or email: pw-admin@cityoffederalway.com 333 This page left blank intentionally. 334 COUNCIL MEETING DATE: May 21,2019 ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ORDINANCE:Updates to the Limited Right-of-Way Use Permit Code POLICY QUESTION: Should City Council approve the ordinance to update the limited right-of-way use permit code, FWRC sections 4.25.090 and 4.25.100, as they relate to street obstruction bonds and insurance requirements? COMMITTEE: Land Use and Transportation Committee MEETING DATE: May 6, 2019 CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Desiree S. Winkler,P.E.,De �Directo DEPT: Public Works Attachments: Staff Report Ordinance Options Considered: 1. Approve the proposed ordinance. 2. Reject the proposed ordinance and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: ' DIRECTOR APPROVAL: J C l Cflu €1 Inilia€1Date Initial/Date InitiaUDate COMMITTEE RECOMMENDATION:I move to forward the proposed ordinance to First Reading on May 21, 2019. Mark Koppang,Committee Chair Jcsse Johnson,Committee Member Hoang Tran,Committee Member PROPOSED COUNCIL MOTION(S): FIRST READING OF ORDINANCE (MAY 21, 2019): "I move to forward approval of the ordinance to the June 4, 2019 Council Meeting for enactment." SECOND READING OF ORDINANCE(JUNE 4,2019): "I move approval of the proposed ordinance." (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# 335 CITY OF FEDERAL WAY MEMORANDUM DATE: May 6, 2019 TO: Land Use&Transportation Committee VIA: Jim Ferrell,Mayor ,I �� EJ Walsh,P.E.,Director of Public WorksV FROM: "esiree S.Winkler,P.E.,Deputy Public Works Director SUBJECT: Updates to the Limited Right-of-Way Use Permit Code FINANCIAL IMPACTS: There are no adverse financial impacts related to these proposed code changes. BACKGROUND: The City of Federal Way and its businesses and residents benefit from the utilities and other agencies that construct, operate, and maintain their facilities within the rights-of-way. In addition, adjacent property owners tie directly into the right-of-way through driveway aprons. It is in the public's best interest for the City to protect its right-of-way by ensuring rights-of-way are restored to an equal or better condition, workmanship is warrantied for failure, and insurance is maintained to cover damages related to the permit-holder's activities. Current Federal Way Revised Code (FWRC) 4.25.090 requires anyone, not part of the city government, to acquire a Limited Right-of-Way Use Permit to conduct any work within the right-of-way. As part of the Limited Right-of-Way Use Permit, a bond may be required as outlined in Chapter 19.25 FWRC. The bond process in Chapter 19.25 FWRC is onerous for Limited Right-of-Way use Permits, requiring extensive back-up information and a multi-step process for releasing partial amounts over a two-year period. The Chapter 19.25 FWRC bond process is typical for large, extended use right-of-way permits, where a developer is constructing extensive right-of-way improvements. Staff propose to implement a simpler bond process for Limited Right-of-Way Use permits that consists of a one-page, pre-approved Street Obstruction Bond form for a fixed amount, for a fixed timeline. Street Obstruction Bonds are utilized by most jurisdictions for these types of use permits. This will save several staff hours as well as provide a more straight-forward process for our external customers. The other proposed change is to explicitly add requirements for insurance associated with Limited Right-of-Way Use permits. 336 ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to bonding and insurance requirements for limited right-of-way use permits; amending FWRC 4.25.090 and 4.25.100.(Amending Ordinance No. 90-50) WHEREAS, the City of Federal Way("City") issues permits for outside agencies,utilities, private contractors, and property owners to occupy and construct within City rights-of-way; and WHEREAS, it is in the public's best interest for the City to protect its right-of-way by ensuring rights-of-way are restored to an equal or better condition, workmanship is warrantied for failure, and insurance is maintained to cover damages related to permit-holders' activities; and WHEREAS,bonding and insurance requirements should be reasonable,straight forward,and commensurate with the value of the work being completed and the associated risk; and WHEREAS, limited right-of-way use permits often involve low-risk projects that do not require robust bonding and insurance requirements; and WHEREAS,flexibility in bonding and insurance requirements for such limited right-of way use permits would enable the City to protect the public interest while also streamlining the permit process for applicants. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. FWRC 4.25.090 is hereby amended to read as follows: 4.25.090 Limited right-of-way use permit. (1) Upon filing of a complete application, payment of the fee, providing the required insurance, and posting of the required bond for restoration of the right-of-way, the city may issue a Ordinance No. 19- Page 1 of 6 Rev 2/19 337 limited right-of-way use permit authorizing the use of city road right-of-way,for use by designated private parties for a specific use and duration. (2) The limited use permit may require construction and restoration of the right-of-way to adopted standards based on the nature and duration of the specific use,and subject to inspection. In addition,conditions maybe imposed to assure the compliance with city plans,policies,standards and regulations. Such conditions may require performance in excess of adopted road standards. (3) The permit applicant may be required to post bond payable to the city in amounts determined by the public works director. unless otherwise required throtigli the permit applicant's franchise agreement or other requirements in the FWRC or state law, direCtOf based On ,,,,F,ent a eg4n-Ch , ter- 19.25 r.W r which: (a)Guarantee construction and maintenance of the roadway,drainage and retention/detention facilities in compliance with adopted standards; and (b)Guarantee restoration of the right-of-way to a condition consistent with the right-of-way use permit including blocking of access to the right-of-way at the expiration of the permit period-.i and (c) Is iti a forin approved by the city attorney, and with a surety approved, conditioned that the permittee will keep and save harmless the city from any and all claims,loss,costs,expenses,and damage it caused by the work performed by the-pen-nit applicant under the authority of said right-of- way use 2cnnJt; ,md (d) Shall rtiin fior the full period of'the permit and may be required by the director fora period of one(1) year after the acceptance of the_permitted work by the city., Ordinance No. 19- Page 2 of 6 Rev 2/19 338 (4) Subject to other requirements for insurance set forth in this chapter, the director may require an applicant to procure and maintain in full force and effect public liability insurance naming the city of Federal Way as additional insured, in an amount sufficient to cover potential claims for bodily injury, death. or disability, property daxna e, and when appropriate, as determined by the director,products and/or completed operations that may arise from or in connection with the permit. The director shall establish the amount of such insurance and a certificate of insurance shall be lWovided to the city for review prior to issuance oftile pert init. (45)The permit applicant shall assume sole responsibility for the safe and adequate operation and maintenance of any improvements to the city right-of-way during the period of time the permit is in effect. (�6)The permit applicant may apply for one extension for up to one year to the limited right- of-way use permit upon written application for an extension,payment of the fees,and being found to have fully complied with the conditions and requirements of the original permit.The application for extension may only be made after the first six months of the original permit life. Section 2. FWRC 4.25.100 is hereby amended to read as follows: 4.25.100 Extended right-of-way use permit. (1)Upon filing of a complete application and payment of fee,the public works director may issue a permit authorizing the use of the city right-of-way for a designated use which is revocable at the discretion of the city upon six months' notice. (2) The extended right-of-way use permit applicant may be required to construct a road to specific standards which may include full compliance with adopted city road standards,and may be required to post bonds for construction, restoration and maintenance based on current boiid'ing Ordinance No. 19- Page 3 of 6 Rev 2/19 339 requirements schedules in Chapter 19.2.5 FWRC. Construction work and all restoration work required by the permit shall be completed within one year of the permit's issuance. In addition,the city may set conditions to assure compliance of the permit with other adopted plans,city policies and regulations. (3) The department of public works shall place and maintain permanent signs denoting the end of the city-maintained road. (4)The permit applicant shall have sole responsibility for the safe construction,operation and maintenance of any improvements to the city right-of-way pursuant to the permit,until such time as the improvements are officially accepted for maintenance by the city. (5)The permit applicant may be required to record a covenant running with the land and for the benefit of the city, which contains: (a)A legal description of the lot or parcel to be served by the right-of-way use permit,limited or extended; (b)A statement indicating that access to such parcel is across an unmaintained city right-of- way, that the city is not responsible for maintenance of the right-of-way and that responsibility for maintenance of the road rests jointly and equitably upon all permit holders; (c) A statement that the owner of the parcel will not oppose participation in a city road improvement district, if formation of such a district is deemed necessary by the city; (d)A prohibition against subdividing such parcel without obtaining either plat or short plat approval therefor,or if exempt from platting,a right-of-way use permit for the additional lots being created; Ordinance No. 19- Page 4 of 6 Rev 2/19 340 (e) A statement that the right-of-way use permit covenant is binding on the successors and assigns of the owner; and (f) The acknowledged signature of the owner of such parcel. Section 3. Severability.Should any section,subsection,paragraph,sentence,clause,orphrase 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 4. 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 scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 5. Ran fication.Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 6. Effective Date. This ordinance shall take effect and be in force thirty(30) 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 [Signature page follows] Ordinance No. 19- Page S of 6 Rev 2/19 341 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: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 19- Page 6 of 6 Rev 2/19 342 COUNCIL MEETING DATE: May 21, 2019 ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT:AGREEMENT WITH XG COMMUNITIES,LLC FOR SMALL WIRELESS ASSET SERVICES POLICY QUESTION: Should City Council approve the Agreement with XG Communities, LLC for small wireless asset services? COMMITTEE: Land Use and Transportation Committee MEETING DATE: May 6, 2019 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Desiree S. Winkler, P.E., Deputy Director DEPT: Public Works Attachments: Staff Report Agreement Options Considered: 1. Approve the Agreement with XG Communities, LLC for small wireless asset services. 2. Do not approve the Agreement with XG Communities, LLC for small wireless asset services and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: cy DIRECTOR APPROVAL: �✓ L�(Z�(I°� Con uttee Counc InitialMate Init t+Irate ! Initial/ ate COMMITTEE RECOMMENDATION: I move to forward Option I to the May 21, 2019 consent agenda for approval. Mark Koppang,Committee Chair Jesse Johnson,Committee Member Hoang Tran,Committee Member PROPOSED COUNCIL MOTION: "I move approval of the Agreement with XG Communities, LLC for small wireless asset services. " (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- 4/2019 RESOLUTION# 343 CITY OF FEDERAL WAY MEMORANDUM DATE: May 6, 2019 TO: Land Use&Transportation Committee VIA: Jim Ferrell,Mayor FROM: EJ Walsh,P.E.,Director of Public Works oV✓fiesire6 Winkler,P.E.,Deputy Public Works Director SUBJECT: Approve Agreement with XG Communities, LLC for Small Wireless Asset Services FINANCIAL IMPACTS: This project is included within the approved 2019/2020 Budget in the Streets Fund(101). All costs to support franchise and permit review are pass-through costs paid by the franchise/permit applicant and therefore there is no budget impact at this time. The initial contract amount is $20,000.00. Revenue projections are dependent on number of small wireless facilities deployed on City facilities. By the end of 2020, it is estimated that up to fifty(50) sites may be deployed generating revenue of approximately$13,500 annually. BACKGROUND: Wireless Demand—Advent of SG Demand for wireless services has seen exponential growth over the past few years and that growth is expected to continue in the future. Having high speed reliable broadband services will attract and keep businesses,residents, and customers in the City. This demand will be met through the advent of 5G technology which greatly improves speed and reliability, and greatly reduces latency. The coverage gaps will be filled with small wireless technology which consists of operator-controlled radio access points with low radio frequency(RF)power output that densify the network without having to build additional macrocell towers. Small Wireless and City Infrastructure Small wireless facilities are installed approximately 35 feet high are anticipated to be installed every 300 to 500 feet by each carrier. Depending on the carrier, data is then transmitted from the small wireless facilities via radio to a macro cell or via fiber optic cable. Federal Law requires that public agencies open up use of the right-of-way to accommodate wireless technologies including small wireless. The City owns a wide array of assets including,but not limited to street lights, signal lights,pedestrian poles, and conduit networks which could be used for the purposes of promoting, transmitting, or facilitating wireless communications. Staff recommends the City develop a comprehensive plan to better manage these resources and leverage such assets through third--party 344 May 6,2019 Land Use and Transportation Committee Agreement with XG Communities,LLC for Small Wireless Asset Services Page 2 property agreements.The benefits include better control over the timing and placement of the small wireless deployments and a revenue source from leasing City assets. Franchises,Permitting,and Design Standards The City has been approached by several third-party telecommunication providers to acquire property rights to certain City assets for use in the expansion of wireless coverage and capacity.Federal Way has completed some background work to accommodate small wireless through the support of a multi- jurisdictional consortium to update franchise application and agreement boilerplates, as well as update City code related to licensing and design standards. From working through this consortium, other agencies have shared the overwhelming demand on resources that is required to work through small wireless deployments. In November 2018,the City issued a Request for Proposals(RFP)requesting qualified firms to assist in small wireless deployments. Request for Proposals—Scope of Services The City received one(1)proposal from XG Communities, LLC who is presently providing similar small wireless support services to jurisdictions throughout California and Oregon. We propose to have XG Communities, LLC help manage small wireless deployments.The proposed Agreement has no upfront costs.XG Communities will exclusively market the City's infrastructure and collect a one-time reservation fees of$500 per site.The City will retain all lease payments per site,which is currently limited at$270 per site per year. All costs for professional services related to franchise review and permit assistance will be passed on to the applicant/franchisee. As an agent for the City,the Contractor shall work closely with the City to ensure that all proposed sublicensing agreements are permitted only after each applicant has complied with existing review and approval processes within the City and the State,especially as they pertain to the following: franchise approvals, licensing, applications,permits, conditional language, and other requirements for installing facilities in the right of way by attaching to City facilities. 345 CITY of GIT( HALL 33325 8th Avenue South '�._. Fe d e ra I Way Federal Way, WA 98003-6325 (253) 835-7000 0/1-yW Ct(YoffPdel X11 wiv coa) PROFESSIONAL SERVICES AGREEMENT FOR ASSET SERVICES This Professional Services Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and XG Communities, LLC, a Delaware limited liability company organized in Delaware ("Contractor"). The City and Contractor (together "Parties") are located and do business at the below addresses, which shall be valid for any notice required under this Agreement: XG COMMUNITIES,LLC CITY OF FEDERAL WAY: Tyler Gentry Desire6 S. Winkler,P.E. 200 Spectrum Center Drive, Suite 1500 33325 8th Avenue South Irvine, California 91618 Federal Way, WA 98003-6325 (949) 514-4617 (telephone) (253) 835-2711 (telephone) (949)266-9160 (facsimile) (253) 835-2709 (facsimile) info@xgcommunities.com Desiree.winkler@cityoffederalway.com The Parties agree as follows: 1. TERM. The term of this Agreement shall commence upon the effective date of this Agreement,which shall be the date of mutual execution, and shall be in effect for an initial term of five(5)years. This Agreement may be extended for additional periods of time upon the mutual written agreement of the Parties. 2. SERVICES. The Contractor shall perform the services more specifically described in Exhibit A ("Services"), attached hereto and incorporated by this reference, in a manner consistent with the accepted professional practices for other similar services within the Puget Sound region in effect at the time those services are performed, performed to the City's reasonable satisfaction, within the time period prescribed by the City and pursuant to the direction of the Mayor or his or her designee. The Contractor warrants that it has the requisite training, skill, and experience necessary to provide the Services and is appropriately accredited and licensed by all applicable agencies and governmental entities, including but not limited to obtaining a City of Federal Way business registration. Services shall begin immediately upon the effective date of this Agreement. Services shall be subject, at all times, to inspection by and approval of the City, but the making(or failure or delay in making) such inspection or approval shall not relieve Contractor of responsibility for performance of the Services in accordance with this Agreement, notwithstanding the City's knowledge of defective or non-complying performance, its substantiality or the ease of its discovery. 3. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (60) days' written notice at its address set forth above. The City may terminate this Agreement immediately if the Contractor fails to maintain required insurance policies, breaches confidentiality, or materially violates Section 12 of this Agreement. Termination for such conduct may render the Contractor ineligible for City agreements in the future. 4. COMPENSATION. 4.1 Amount. In return for the Services, the City shall pay the Contractor an amount not to exceed a maximum amount and according to a rate or method as delineated in Exhibit B, attached hereto and incorporated by this reference. The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for the Term. Except as otherwise provided in Exhibit B, the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance of Services and payment under this Agreement. 4.2 Method of Payment. On a monthly basis, the Contractor shall submit a voucher or invoice in the form 346 PROFESSIONAL SERVICES AGREEMENT Rev. 3/2017 CI f Y OF CITY HALL Federal Way Feder 8th Avenue South Federal Way. V+IA 98003-6325 (253) 835-7000 .vlvw rrtyo(1ec1e ahvjy:con, specified by the City, including a description of what Services have been performed, the name of the personnel performing such Services, and any hourly labor charge rate for such personnel. The Contractor shall also submit a final bill upon completion of all Services. Payment shall be made on a monthly basis by the City only after the Services have been performed and within thirty(30) days following receipt and approval by the appropriate City representative of the voucher or invoice. If the Services do not meet the requirements of this Agreement, the Contractor will correct or modify the work to comply with the Agreement.The City may withhold payment for such work until the work meets the requirements of the Agreement. 4.3 Non-Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City will not be obligated to make payments for Services or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Services for which funds are allocated.No penalty or expense shall accrue to the City in the event this provision applies. 5. INDEMNIFICATION. 5.1 Contractor Indemnification. The Contractor agrees to release, indemnify, defend, and hold the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers harmless from any and all claims, demands, actions, suits, causes of action, ,arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives; arising from, resulting from, or in connection with this Agreement or the acts, errors or omissions of the Contractor in performance of this Agreement, except for that portion of the claims caused by the City's sole negligence. Should 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 the Contractor and the City, the Contractor's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Contractor's negligence. Contractor shall ensure that each sub-contractor shall agree to defend and indemnify the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers to the extent and on the same terms and conditions as the Contractor pursuant to this paragraph. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. 5.2 Industrial Insurance Act Waiver. It is specifically and expressly understood that the Contractor waives any immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for the purposes of this indemnification. Contractor's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. The Parties acknowledge that they have mutually negotiated this waiver. 5.3 C'11Y Inde inif_ie:tlton. The City agrees to release, indemnify, defend and hold the Contractor, its officers, directors, shareholders, partners, employees, agents, representatives, and sub-contractors harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from or connected with this Agreement to the extent solely caused by the negligent acts, errors, or omissions of the City. 5.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 6: INSURANCE. The Contractor agrees to carry insurance for liability which may arise from or in connection with the performance of the services or work by the Contractor, their agents, representatives, employees, or subcontractors for the duration of the Agreement and thereafter with respect to any event occurring prior to such expiration or termination as follows: 347 PROFESSIONAL SERVICES AGREEMENT Rev.3/2017 ` Feder c�ry crE CITY HALL ,:... 8th Avenue South Federal V1/ay, VUA 98003-6325 F'e d e ra I � y (253) 835-7000 ,vlvw carry-offet7er=�hvz3v cc�+rt 6.1. Minimum Limits. The Contractor agrees to carry as a minimum, the following insurance, in such forms and with such carriers who have a rating that is satisfactory to the City: a. Commercial general liability insurance covering liability arising from premises, operations, independent contractors, products-completed operations, stopgap liability, personal injury, bodily injury, death, property damage, products liability, advertising injury, and liability assumed under an insured contract with limits no less than $1,000,000 for each occurrence and$2,000,000 general aggregate. b. Workers' compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington. C. Automobile liability insurance covering all owned, non-owned, hired, and leased vehicles with a minimum combined single limits in the minimum amounts required to drive under Washington State law per accident for bodily injury, including personal injury or death, and property damage. d. Professional liability insurance with limits no less than $1,000,000 per claim and $2,000,000 policy aggregate for damages sustained by reason of or in the course of operation under this Agreement, whether occurring by reason of acts, errors or omissions of the Contractor. 6.2. No Limit of 1.1ahility. Contractor's maintenance of insurance as required by this Agreement shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. The Contractor's insurance coverage shall be primary insurance with respect to the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance. 6.3. Additional Insured, Verification. The City shall be named as additional insured on all commercial general liability insurance policies. Concurrent with the execution of this Agreement, Contractor shall provide certificates of insurance for all commercial general liability policies attached hereto as Exhibit C and incorporated by this reference. At the City's request, Contractor shall furnish the City with copies of all insurance policies and with evidence of payment of premiums or fees of such policies. If Contractor's insurance policies are "claims made," Contractor shall be required to maintain tail coverage for a minimum period of three (3) years from the date this Agreement is terminated or upon project completion and acceptance by the City. 6.4 Survival.The provisions of this Section shall survive the expiration or termination of this Agreement. 7. CONFIDENTIALITY. All information regarding the City obtained by Contractor in performance of this Agreement shall be considered confidential and subject to applicable laws. Breach of confidentiality by the Contractor may be grounds for immediate termination. All records submitted by the City to the Contractor will be safeguarded by the Contractor. The Contractor will fully cooperate with the City in identifying, assembling, and providing records in case of any public records request. 8. WORK PRODUCT. All originals and copies of work product, including plans, sketches, layouts, designs, design specifications, records, files, computer disks,magnetic media, or material that may be produced or modified by Contractor while performing the Services shall belong to the City upon delivery.The Contractor shall make such data, documents, and files available to the City and shall deliver all needed or contracted for work product upon the City's request. At the expiration or termination of this Agreement, all originals and copies of any such work product remaining in the possession of Contractor shall be delivered to the City. 9. BOOKS AND RECORDS. The Contractor agrees to maintain books, records, and documents which sufficiently and properly reflect all direct and indirect costs related to the performance of the Services specified in this Agreement, and maintain such accounting procedures and practices as may be deemed necessary by the City to assure proper accounting of all funds paid pursuant to this Agreement. These records shall be subject, at all reasonable times, to inspection, review, or audit by the City, its authorized representative, the State Auditor, or other governmental officials authorized by law to monitor this Agreement. 348 PROFESSIONAL SERVICES AGREEMENT Rev. 3/2017 ` CITY or CITY HALL SOUth Fe d e ra I Way Feder 8th Avenue 8003 Federal Way.WA 98003-6325 (253) 835-7000 a IM,c1twffederalway.cnm 10. INDEPENDENT CONTRACTOR. The Parties intend that the Contractor shall be an independent contractor and that the Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. The City shall be neither liable nor obligated to pay Contractor sick leave, vacation pay, or any other benefit of employment, nor to pay any social security or other tax that may arise as an incident of this Agreement. Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance,of the Services specified in this Agreement and shall utilize all protection necessary for that purpose. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the Services. The Contractor shall pay all income and other taxes due except as specifically provided in Section 4 of this Agreement. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an employment contract. If the Contractor is a sole proprietorship or if this Agreement is with an individual, the Contractor agrees to notify the City and complete any required form if the Contractor retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Contractor's failure to do so. 11. CONFLICT OF INTEREST. It is recognized that Contractor may or will be performing professional services during the Term for other entities or persons; however, such performance of other services shall not conflict with or interfere with Contractor's ability to perform the Services. Contractor agrees to resolve any such conflicts of interest in favor of the City. Contractor confirms that Contractor does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in the Contractor's selection, the negotiation, drafting, signing, administration of this Agreement, or the evaluation of the Contractor's performance. 12. EQUAL OPPORTUNITY EMPLOYER. In all services, programs, activities, hiring, and employment made possible by or resulting from this Agreement or any subcontract, there shall be no discrimination by Contractor or its subcontractors of any level, or any of those entities' employees, agents, subcontractors, or representatives against any person because of sex, age (except minimum age and retirement provisions), race, color, religion, creed, national origin, marital status, honorably discharged veteran or military status, sexual orientation including gender expression or identity, or the presence of any disability, including sensory, mental or physical handicaps, unless based upon a bona fide occupational qualification in relationship to hiring and employment. This requirement shall apply,but not be limited to the following: employment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Contractor shall comply with and shall not violate any of the terms of Chapter 49.60 RCW, Title VI of the Civil Rights Act of 1964, the Americans With Disabilities Act, Section 504 of the Rehabilitation Act of 1973, 49 CFR Parts 21, 21.5, and 26, or any other applicable federal, state, or local law or regulation regarding non- discrimination. 13. COOPERATIVE PURCHASING. City acknowledges and agrees that it has followed all applicable purchasing and procurement procedures in entering into this Agreement and that Contractor shall have the right and ability to offer this Agreement as a template for cooperative or piggybacking purchasing agreements with other public agencies to the extent allowed by law. 13. GENERAL PROVISIONS. 13.1 Interpretation and Modification. This Agreement, together with any attached Exhibits, contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior statements or agreements, whether oral or written., shall be effective for any purpose. Should any language in any Exhibits to this Agreement conflict with any language in this Agreement, the terms of this Agreement shall prevail. The respective captions of the Sections of this Agreement are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect any of the provisions of this Agreement. Any provision of this Agreement that is declared invalid, inoperative, null and void, or illegal shall in no way affect or invalidate any other provision hereof and such other provisions shall remain in full force and effect. Any act done by either Party prior to the effective date of the Agreement that is consistent with the authority of the Agreement and compliant with the terms of the Agreement, is hereby ratified as having been performed under the Agreement. No provisi094V this Agreement, including this provision, may be amended, PROFESSIONAL SERVICES AGREEMENT Rev. 3/2017 ` city OF CITY HALL Federal � Feder l Avenue South Federal Way,VVA 98043-6325 (253) 835-7000 LVW 66'Ct tyga(jedBl<3f bYE7y:COM waived, or modified except by written agreement signed by duly authorized representatives of the Parties. 13.2 Assignment and Bencticiaries. Neither the Contractor nor the City shall have the right to transfer or assign, in whole or in part,any or all of its obligations and rights hereunder without the prior written consent of the other Party, which shall not be unreasonably withheld. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. Subject to the foregoing, the rights and obligations of the Parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs and assigns. This Agreement is made and entered into for the sole protection and benefit of the Parties hereto.No other person or entity shall have any right of action or interest in this Agreement based on any provision set forth herein. 13.3 Compliance with Laws. The Contractor shall comply with and perform the Services in accordance with all applicable federal, state, local, and city laws including, without limitation, all City codes, ordinances, resolutions, regulations, rules, standards and policies, as now existing or hereafter amended, adopted, or made effective. If a violation of the City's Ethics Resolution No. 91-54, as amended, occurs as a result of the formation or performance of this Agreement,this Agreement may be rendered null and void, at the City's option. 13.4 Enforcement. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Services is essential to the Contractor's performance of this Agreement. Any notices required to be given by the Parties shall be delivered at the addresses set forth at the beginning of this Agreement. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth above. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. Any remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall be cumulative with all other remedies available to the Parties at law, in equity, or by statute. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. Failure or delay of the City to declare any breach or default immediately upon occurrence shall not waive such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City's right to declare another breach or default. This Agreement shall be made in, governed by, and interpreted in accordance with the laws of the State of Washington. If the Parties are unable to settle any dispute, difference or claim arising from this Agreement, the exclusive means of resolving that dispute, difference, or claim, shall be by filing suit under the venue, rules, and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative process. If the King County Superior Court does not have jurisdiction over such a suit, then suit may be filed in any other appropriate court in King County, Washington. Each party consents to the personal jurisdiction of the state and federal courts in King County, Washington and waives any objection that such courts are an inconvenient forum. If either Party brings any claim or lawsuit arising from this Agreement, each Party shall pay all its legal costs and attorney's fees and expenses incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; however, nothing in this paragraph shall be construed to limit the Parties' rights to indemnification under Section 5 of this Agreement. 13.5 Execution. Each individual executing this Agreement on behalf of the City and Contractor represents and warrants that such individual is duly authorized to execute and deliver this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and with the same effect as if all Parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one instrument, but in making proof hereof, it shall only be necessary to produce one such counterpart. The signature and acknowledgment pages from such counterparts may be assembled together to form a single instrument comprised of all pages of this Agreement and a complete set of all signature and acknowledgment pages. The date upon which the last of all of the Parties have executed a counterpart of this Agreement shall be the"date of mutual execution"hereof. [Signature page follows] 350 PROFESSIONAL SERVICES AGREEMENT Rev.3/2017 CITY OF CITY HALL 33325 8th .Avenue South . Fe d e ra I Way Federal Way.NNA 98003-6325 (253) 835-7000 ;vtvw crtyeffederaiwgv com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: ATTEST: Jim Ferrell, Mayor Stephanie Courtney, CMC, City Clerk DATE: APPROVED AS TO FORM: J. Ryan Call, City Attorney XG COMMUNITIES, LLC: By: Printed Name: Monnie McGraffigan Title: President DATE: STATE OF WASHINGTON ) ) ss. COUNTY OF ) On this day personally appeared before me to me known to be the of that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said limited liability company, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument. GIVEN my hand and official seal this day of 20_. Notary's signature Notary's printed name Notary Public in and for the State of Washington. My commission expires 351 PROFESSIONAL SERVICES AGREEMENT Rev. 3/2017 city OF CITY HALL Federal �� i I �� Feder 8th Avenue South 8003 �l a Federal Way. V�/A 98003-6325 (253) 835-7000 MAV crtvoffedHralwav can EXHIBIT A SERVICES Program Management—Small Wireless Facilities Item I —Ongoing Small Wireless Program Services Application Review (as needed) The review per Checklist for application completeness of civil and electrical plans submitted by applicants for the purpose of installing small wireless facilities on municipally-controlled infrastructure. Plan review will ensure compliance with City of Federal Way municipal code, City of Federal Way construction standards, National Electric Safety Code(NESC) standards, and all other applicable rules and regulations. This work may include radio frequency(RF) Engineering support. Contractor will check for completeness within 5 business days of submittal of application. Contractor will utilize current City of Federal permitting systems and procedures. Deliverables: • Application completeness review per Checklist • Review notes and communication log • Provide decision recommendation Field Engineering (as needed) As part of the ongoing services, Contractor, on behalf of City of Federal Way, will provide field engineers familiar with City of Federal Way and NESC standards to perform field walk and engineering services in conjunction with applicants as needed on an hourly basis when requested by City of Federal Way. Work to be invoiced in the same manner as application reviews. Deliverables: • Engineering assessment to applicant and City of Federal Way Telecommunications Fiber and Conduit Installation Plan Review (as needed) The review of fiber and conduit installation plans for compliance with all applicable codes and standards in order to mitigate disruptions and conflicts with preexisting underground and aerial utilities. Deliverables: • Application completeness review per Checklist • Review notes and communication log • Provide decision recommendation 352 PROFESSIONAL SERVICES AGREEMENT Rev.3/2017 ` clrr of CITY HALL . Federal a Feder 8th Avenue South 8003 Federal Way,VIA 98003-fi325 } (253 835-7000 aviaw clfvoffederalwav corn Item 2—Site Reservation &Asset Marketing Management Using the Contractor's proprietary site reservation platform, SiteSeleX, the Contractor will exclusively market City of Federal Way's assets and manage the intake, tracking, coordinating of specific site reservations. The Contractor will work with prospective applicants to responsibly coordinate future deployment plans in accordance with City of Federal Way future plans and standards, while allowing the City and Contractor to accurately forecast anticipated application numbers. Deliverables: • Weekly reservation reports • Monthly marketing status reports Item 3- Wireless Carrier Representation & Coordination (as requested) As the consultant for'City of Federal Way, the Contractor will act as a consultant to the City when requested given the Contractor's wireless industry expertise. Representation will be assessed on an hourly basis in accordance with the fee schedule attached. Deliverables: • Represent City of Federal Way in meetings as requested • Issue press releases in conjunction with City regarding the innovations of City of Federal Way regarding small wireless facilities as requested 353 PROFESSIONAL SERVICES AGREEMENT Rev.3/2017 City OF CITY HALL South Fe d e ra I Way Feder 8th Avenue 8003 Federal Way. �1VA 98003-6325 (253) 835-7000 VV}V w isf(yo f fgdeall"'ay con) EXHIBIT B COMPENSATION 1. Total Compensation: In return for the Services, the City shall pay the Contractor an amount not to exceed Twenty Thousand and 00/100 Dollars ($20,000.00). 2. Method of Compensation: Hourly rate In consideration of the Contractor performing the Services, the City agrees to pay the Contractor an amount calculated on the basis of the hourly labor charge rate schedule for Contractor's personnel as shown below: FEE SCHEDULE Tasks Unit Cost Item 1: Application and Plan Review Services $195 per hour and/or sub- consultant fees for RF Engineering plus 10% Item 2.1: Site Marketing & Reservation Management $500 reservation fee/per site Reservation fee paid directly to Contractor. Item 2.2: SiteSeleX License Annual fee waived Item 3: Wireless Carrier Representation & Coordination $195 hour+ City preapproved travel expenses Item 3.1: Wireless Industry and Deployment Consultation $195 per hour. If requested, legal review rate of$325 GIS Data Optimization Fee (asset surveys if needed) TBD (City Preapproval Required) Reimbursable Expenses The actual customary and incidental expenses incurred by Contractor in performing the Services including travel and other reasonable costs; provided, however, that such costs shall be deemed reasonable in the City's sole discretion and shall not exceed Three Thousand and 00/100 Dollars ($3,000.00). All reimbursable expenses shall be preapproved by the City before such costs are incurred by the Contractor in order to receive reimbursement by the City. 354 PROFESSIONAL SERVICES AGREEMENT Rev.3/2017 COUNCIL MEETING DATE: May 21, 2019 ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: AUTHORIZATION TO REALLOCATE EXPENDITURES TO ADVANCE GRANT FUNDED TRANSPORTATION PROJECTS POLICY QUESTION: Should city council authorize the reallocation of expenditures in the 2019 Capital Streets Fund(306) in order to advance grant funded transportation projects? COMMITTEE: Land Use and Transportation Committee MEETING DATE: May 6, 2019 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other - _ STAFF REPORT B'vtA6csire6 S. Winkler, P.E., Deputy Director DEPT: Public Works Attachments: Staff Report Options Considered: 1. Authorize the reallocation of expenditures in the 2019 Capital Streets Fund (306) in order to advance grant funded transportation projects. 2. Do not authorize the reallocation of expenditures in the 2019 Capital Streets Fund (306) and provide direction to staff. MAYOR'S RECOMMEND TION: Option 1. MAYOR APPROVAL: DIRECTOR APPROVAL: -41 y 17.SI1`I tnmitt C nogI InitiaMate .ilial Date Initial/Date COMMITTEE RECOMMENDATION: I move to forward Option I to the May 21, 2019 consent agenda for approval. Mark Koppang,Committee Chair .iesse.lolmsoii, Committce klumber I Ioang Tran,Committee iklember PROPOSED COUNCIL MOTION: "I move to authorize the reallocation of expenditures in the 2019 Capital Streets Fund(306) in order to advance grant funded transportation projects." (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- 4/2019 RESOLUTION# 355 CITY OF FEDERAL WAY MEMORANDUM DATE: May 6, 2019 TO: Land Use&Transportation Committee VIA: Jim Ferrell, Mayor E3 Walsh, P.G., Director of Public Works~ FROM: j�Ysiree S. Winkler, P.E., Deputy Public Works Director SUBJECT: Reallocation of Expenditures to Advance Grant Funded Transportation Projects FINANCIAL IMPACTS: These project expenditures were not included within the approved 2019 Budget. However, the 2019/2020 Budget includes these projects in the Capital Budget and allocates their associated expenditures in 2020- 2022. These projects were awarded grant funds and approved by City Council (Resolution 19-747) including associated matching funds. Staff proposes to reallocate FY2019 expenditures from Project 213 —Variable Lane Use Control Signs to the following projects: Project 215: SW 356"'Street— 15`h Ave SW to 4`h Ave SW Preservation Project. Project 216: Adaptive Traffic Control System—Phase 3 Project 219: 16th Ave Trail—S 308`h Street to S 2881h Street All matching funds come from either: Real Estate Excise Tax (REET); Motor Vehicle Fuel Excise Tax (MVET); or transportation mitigation fees and are currently programmed in the 2019/2020 approved budget. BACKGROUND: The City was awarded grant funding in 2018 from Puget Sound Regional Council(PSRC) for the following projects, with expenditures in 2021-2022: Table 1: 2018 PSRC Awarded Grants 2021 12022 Project TOTAL Grant City TOTAL Grant city SW 356th Street—15 Ave SW to $100,000 $59,000 $41,000 4th Ave SW Preservation Project (Design) SW 356 Street—15` Ave SW to $1,284,000 $751,000 $533,000 4th Ave SW Preservation Project (Construction)* Adaptive Traffic Control System $200,000 $170,000 $30,000 Phase 3 —(Design) 16` Ave Trail—S 308 Street to S $700,000 $550,000 $150,000 288th Street(Design) *Construction fund expenditures will remain in FY2021 356 May 6,2019 Land Use and Transportation Committee Reallocation of Expenditures to Advance Grant Funded Transportation Projects Page 2 Puget Sound Regional Council has requested the City to advance these projects to start expenditures in FY2019 in order to help meet the regions federal grant funding obligation targets. These projects are identified in the Street Capital Fund 306. The overall Fund 306 has the capacity and cash flow to advance these projects given some projects identified to be fully expended in FY2019,are delayed until FY2020. In order to advance projects, City Council must authorize expenditures on these specific projects to begin in FY2019. The following project expenditures, currently identified for FY2019,will be delayed until FY2020. A formal budget amendment to update expected capital improvement project(CIP)cash flow will be completed with the next budget amendment. Table 2: Current; rovedenctitures Project 2019 2020 2021 2022 Project 215: SW 3561 $0 $41,000 $1,294,000 $0 Preservation Project 216: Adaptive Phase 3 $0 $0 $113,000 $687,000 Prgjmt 219: 16`h Ave Trail ? $0 $700,000 $650,000 $0 Project 213: Variable Lane Use $752,000 Control Signs Project 165: Pacific Hwy Phase 5 $2,843,000 $0 $0 $0 JOTAL $3,595,000 $741,000 J $2,057,000 $687,000 Table 3: Proposed Updated Expenditures Project 2019 2020 2021 2022 Project 215: SW 356 $50,000 $50,000 $1,235,000 $0 Preservation Project 216: Adaptive Phase 3 $200,000 $0 $0 $600,000 Project 219: 16ffi Ave Trail $150,000 $550,000 $650,000 $0 Project 213: Variable Lane Use $150,000 $602,000 $0 $0 Control Si nes Project 165:Pacific Hwy Phase 5 $1,800,000 $1,043,000 $0 $0 ---------....-- TOTAL $2,350,000 $2,245,000 $1,885,000 $600,000 357 This page left blank intentionally. 358 COUNCIL MEETING DATE: May 7,2019 ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT:AUTHORIZATION TO SUBMIT A PROPOSAL FOR THE WASHINGTON CONSERVATION CORPS INDIVIDUAL PLACEMENT PROGRAM(WCC IP) POLICY QUESTION: Should City Council authorize SWM Staff to submit a proposal for the Washington Conservation Corps Individual Placement Program(WCC IP)? COMMITTEE: Land Use and Transportation Committee MEETING DATE: May 6, 2019 CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ® Other STAFF REPORT BY: Theresa Thurlow,RE,. Surface Water Div. ManazteDEPT: Public Works Attachments: LUTC Memo dated May 6, 2019 Options Considered: N/A MAYOR'S RrcoimiI1-.,N1l),ATION: N/A MAYOR APPROVAL: �G. DIRECTOR APPROVAL: 4.'l ` Z3 cJ �c eniitccouncil �� IaitlaUDatc [n tial'Daw f' Initial/Date COMMITTEE RECOMMENDATION: N/A—Info Only Mark Koppang,Committee Chair Jesse Johnson,Committee Member Hoang Tran,Committee Member PROPOSED COUNCIL MOTION:N/A (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# r 359 CITY OF FEDERAL WAY MEMORANDUM DATE: May 6, 2019 TO: Land Use &Transportation Committee VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E.,Public Works Directo . Theresa Thurlow, P.E., Surface Water Dw�sion Manager �l SUBJECT: Authorization to submit a proposal for the Washington Conservation Corps Individual Placement Program(WCC IP) FINANCIAL IMPACTS: In accordance with the approved 2019/2020 budget this project will be funded by a combination of SWM Operational accounts identified for temporary help within Water Quality, Engineering, and Maintenance: 401-3100-620-542-45-111 401-3100-630-542-45-111 401-3100-640-542-45-111 In addition, Ecology has confirmed that a portion of the City's $25,000 can be paid out of the 2019-2021 Capacity Grant. There are no ongoing costs associated with the completion of this project. BACKGROUND: Washington Conservation Corps(WCC) is a program implemented by Department of Ecology to provide experience to newly graduated individuals seeking a career that improves the natural environment. While WCC usually provides a 5 member field crew to assist in implementation of ecological restoration projects, it also includes an Individual Placement(IP)program. WCC has sent out a Request for Projects with a deadline of May 9, 2019. The WCC IP program is a single resource serving a host organization to build capacity around environmental education, ecological restoration, and project management. The cost share for the host organization is $25,000 and all other costs associated with the employment of an individual placement is paid for by Ecology. The IP serves the host organization from October 7,2019 to September 3, 2020. SWM is requesting authorization to submit a proposal for an individual placement to work on two projects in addition to annual water quality monitoring support during the dry weather season. The first project is the design of the Larson-Justice Conservation Property Restoration project. This restoration project will provide wetland improvements, remove invasive vegetation, provide soil and grading improvements, and the planting of native species. The restoration project is aimed at encouraging a return of native wildlife habitat while improving water quality within the wetland and West Hylebos Creek for existing aquatic species, including Coho salmon. For the second project,the IP will oversee the 2019/20 Storming the Salmon in the Classroom program while SWM's Public Education and Outreach coordinator works to integrate a High School element into the program. If time is available,the IP will also have a few minor projects such as organizing and administering three outreach events for stormwater awareness, and designing an outreach campaign that utilizes social marketing principles. 360 COUNCIL MEETING DATE: May 21,201 9 ITEM#:. CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT:RENTAL HOUSING INSPECTION PROGRAM UPDATE POLICY QUESTION: N/A;Update only. COMMITTEE: Land Use and Transportation Committee MEETING DATE: 05/06/2019 CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ® Other STAFF REPORT BY: Sarah Bridgeford, CDBG/Human Services DEPT: CD Coordinator Attachments: Staff Report Housing Characteristics Comparison Options Considered: N/A MAYOR'S RECOM,.N'1 ENI), ''10N: N/A MAYOR APPROVAL: al.L Mr"�r�r DIRECTOR APPROVAL: lI22//� "omnittee [ounci ` f Inf! ttall�7afe initial/Date Initial/Date COMMITTEE RECOMMENDATION:I move to forward the Rental Housing Inspection Program Update to the May 21,2019 agenda for presentation. Mark Ko pang, Committee Chair Jesse Johnson, Committee Member Hoang Tran,Committee Member PROPOSED COUNCIL MOTION:N/A (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# 361 CITY OF FEDERAL WAY MEMORANDUM DATE: May 6,2019 TO: Land Use&Transportation Committee VIA: Jim Ferrell,Mayor FROM: Brian Davis, Community Development Director Sarah Bridgeford, CDBG/Human Services Coordinator SUBJECT: Rental Housing Inspection Program FINANCIAL IMPACTS: A rental housing inspection program will need resources to cover the initial costs of starting the program before adequate revenue is received to support the program. As staff is providing an update and not requesting action,there is no financial impact at this time. BACKGROUND: The purpose of a rental inspection program will be to prevent and address issues in order to preserve and enhance rental housing quality. Comparable to many jurisdictions,over half of the housing units in the City of Federal Way were built in 1980 or later placing the City of Federal Way in a position to preserve rental housing stock before larger issues arise while addressing health and safety issues that currently exist. The parameters of the program and what is covered and required by the inspections will be established as part of the program development. Staff has analyzed the rental housing inspection programs of regional jurisdictions with the intent of using the analysis to inform the City of Federal Way's program design. Staff is including analyzing the rental housing inspection programs in Auburn,Bellingham,Bremerton,Burien,Kent,Lakewood,Pasco, Renton, Seattle,Tacoma, and Tukwila. Staff will incorporate the analysis into the options and recommendations for City Council consideration. Based on the initial program analysis, it is likely that the City of Federal Way will need 1.5 FTE to operate a rental housing inspection program. This estimate may change as the parameters and details of the program have not been developed or proposed yet. The fee structure and inspection schedule will be established with the intent of funding the cost of program staff after the initial year. At this time, it is staff's intent to maintain the originally proposed timeline with the ordinance coming before City Council for a second reading in January 2020 and going into effect in February 2020. 362 HOUSING CHARACTERISTICS COMPARISON FEDERAL WAY AUBURN KENT RENTON TACOMA Estimate Percent Estimate Percent Estimate Percent Estimate Percent Estimate Percent POPULATION 94,905 77,440 126,561 99,692 207,280 UNITS IN STRUCTURE Total Housing Units 36,435 30,070 45,926 40,496 89,453 1-unit,detached 19,477 53.5% 15,579 51.8% 23,454 51.1% 1 20,366 50.3% 55,673 62.2% 1-unit,attached 1,1191 3.1% 2,1451 7.1% 2,513 5.5% 1,687 4.2%1 2,863 3.2% 2 units 2461 0.7% 936 3.1% 430 0.9% 1,047 2.6% 2,661 3.0% 3 or 4 units 3,2471 8.9% 2,045 6.8% 2,434 5.3% 1,943 4.8% 4,190 4.7% 5 to 9 units 3,7501 10.3% 1,441 4.8% 4,636 10.1% 3,205 7.9% 5,336 6.0% 10-19 units 4,1481 11.4% 2,373 7.9%1 5,710 12.4% 4,156 10.3% 6,442 7.2% 20 or more units 2,9931 8.2% 2,804 9.3% 4,625 10.1% 1 7,256 17.9% 11,9241 13.3% Mobile Home 1,4021 3.8% 2,727 9.1% 2,0744.5% 781 1.9% 345 0.4% Boat, RV,van,etc. 53 0.1% 20 0.1% 50 0.1% 55 0.1% 19 0.0% YEAR STRUCTURE BUILT 36,435 30,070 45,926 40,496 89,453 Built 2014 or later 235 0.6% 472 1.6% 504 1.1% 487 1.2% 566 0.6% Built 2010 to 2013 456 1.3% 1,484 4.9%1 943 2.1% 1,679 4.1% 1,624 1.8% Built 2000-2009 2,638 7.2% 5,856 19.5% 5,615 12.2% 8,521 121.0% 7,891 8.8% Built 1990-to 1999 7,4881 20.6% 5,703 19.0% 10,255 22.3% 6,583 16.3% 8,425 9.4% Built 1980 to 1989 8,787 24.1% 4,889 16.3% 10,650 23.2% 6,993 17.3% 9,462 10.6% Built 1970 to 1979 8,915 24.5% 4,520 15.0% 8,528 18.6% 5,020 12.4% 12,098 13.5% Built 1960 to 1969 5,616 15.4% 3,284 10.9% 5,544 12.1% 4,810 11.9% 9,918 11.1% Built 1950 to 1959 1,498 4.1% 1,428 4.7%1 2,096 4.6%12,932 7.2% 8,1951 9.2% Built 1940 to 1949 385 1.1% 784 2.6% 694 1.5% 1,821 4.5% 7,271 8.1% Built 1939 or earlier 4171 1.1% 1,650 5.5% 1,097 2.4% 1,650 4.1% 24,003 26.8% HOUSING TENURE Occupied Housing Units 34,755 28,274 43,509 38,563 82,016 Owner Occupied 19,851 57.1% 16,637 58.8% 23,951 55.0% 19,839 51.4% 41,311 50.4% Renter Occupied 14,904 42.9% 11,637 41.2%1 19,558 45.0% 18,724 48.6% 40,7051 49.6% Average household size of owner- occupied unit 2.76 x 2.72 x 2.94 x 2.69 x 2.66 x Average household size of renter- occupied unit 2.63 x 2.72 x 2.76 x 2.44 x 2.25 x GROSS RENT Occupied Units Paying Rent 14,5911 11,367 19,243 18,360 39,482 Less than$500 8501 5.8% 669 5.9% 994 5.20% 868 4.7% 3,554 9.0% $500 to$999 3,8271 26.2% 3,421 30.1% 4,840 25.2% 3,424 18.6% 15,728 39.8% $1,000 to$1,499 6,6211 45.4% 5,22946.0% 8,71745.3% 7,206 39.2% 12,980 32.9% $1,500 to$1,999 2,4031 16.5% 1,294 11.4% 3,367 17.5% 4,630 25.2% 5,636 14.3% $2,000 to$2,499 6181 4.2% 555 4.9% 1,056 5.5% 1,675 9.1% 1,017 2.6% $2,500 to$2,999 1951 1.3% 10210.9% 183 1.0% 299 1.6% 233 0.6% $3,000 or more 771 0.5% 97 0.9% 86 0.4% 258 1.4% 334 0.8% Median dollars 1,156 x 1,130 x 1,192 X1 1,339 x 1,015 x No Rent Paid 313 x 270 x 315 x 364 x 1,223 x GROSS RENT AS%OF HOUSEHOLD INCOME GRAPI Occupied Units Paying Rent (excluding units wher GRAPI cannot be computed) 14,4421 11,196 18,870 18,241 38,355 Less than 15.0% 1,4101 9.8% 1,27211.4% 1,416 7.5% 1,840 10.1% 3,690 9.6% 15.0%to 19.9% 1,4991 10.4% 1,632114.6% 2,093 11.1%1 2,254 12.4% 5,589 14.6% 20.0%to 24.9% 1,8341 12.7% 1,474 13.2% 2,693 14.3% 3,134 17.2% 4,8651 12.7% 25.0%to 29.9% 1,962 13.6% 1,234 11.0% 1,948 10.3% 1,911 10.5% 4,510 11.8% 30.0%to 34.9% 995 6.9% 1,064 9.5% 2,142 11.4% 2,128 11.7% 3,395 8.9% 35.0%or more 6,742 46.7% 4,52040.4% 8,578 45.5% 6,974 38.2% 16,306 42.5% Not computed 462 X1 441 x 688 x 483 x 2,350 x Source:U.S.Census Bureau,2013-2017 American Community Survey 5-Year Estimates 363