Loading...
11-17-2020 Link ExtensionSOUND TRANSIT FEDERAL WAY LINK EXTENSION FWLE Development Agreement Alteration No. 1 November 17, 2020 City Council Policy Question Should the City Council approve the change to the Federal Way Link Extension Project Development Agreement between the Central Puget Sound Regional Transit Authority (Sound Transit) and the City of Federal Way? Project History –Federal Way Link Extension: •Sound Transit 2 passed in 2008 approving the project •2015: Resolution 15-686 recommending I-5 alignment •Sound Transit 3 passed in 2016 approving project funding •2017: Interstate 5 Project alignment selected by Sound Transit Board •2017-2018: Letters of concurrence and partnership during Sound Transit pre-engineering efforts •2019: Transit Way Agreement executed •2019: City adopts the Project Development Agreement permitting the project to proceed as a Design-Build project. •2019: Selected Kiewit Infrastructure West as Design/Build Contractor and issue NTP The Issue: •The City granted Sound Transit a code modification to not have active uses on the ground floor of the parking garage. As mitigation for not having active uses, Sound Transit agreed to install a City fiber optic line for the length of the alignment. •The Development Agreement includes a conceptual alignment and description about how the fiber optic would meet City Development Standards. •The Design/Build Contractor was instructed to include the fiber optic in their design. However, as design progressed some issues became apparent. •Design options either created access issues for the City, did not meet Sound Transit requirements, or resulted in greater costs through impacts to wetlands, walls, or other project elements. Fiber Optic Route Change Overview Concept that was the Basis of the City Estimate: Current Route Follows the Alignment: The Proposed Change: •Fee amount is $2,647,985. This amount is based on a cost estimate prepared by the City and agreed to by Sound Transit. •The pathway shown on the previous slide is conceptual and demonstrates that the fee in-lieu is an amount that covers the design and construction of a fiber optic pathway that provides functionality comparable to the originally planned pathway. •Having the City take lead on implementing the project will allow the City to build a better product for our needs and provide Sound Transit with certainty in their design effort. This is a mutually beneficial solution to the design challenges. Key Facts & Findings: •Implementing the fiber optic as envisioned in the Project Development Agreement was found to be infeasible or result in greater development impacts than originally anticipated. •The fee in-lieu amount is based on a construction estimate prepared by the City and not adjusted following Sound Transit’s review and internal cost estimating. The amount includes an allowance for design and engineering. •Designing a custom fiber optic path compared to one that is limited to the Sound Transit guideway alignment can provide a better benefit to the City and resolves design challenges. •The original intent of the Project Development Agreement is maintained and all other effects, conditions, and requirements of the Agreement remain unchanged by this action. Process: •Section 25.8 of the Development Agreement states the Agreement can only be amended or altered by written authorization by both parties. •FWRC 19.85.200 states that a change to the content of the Development Agreement must be enacted following the same process as a new Development Agreement. •Sound Transit has to complete the contract change order and approve this change to the Project Development Agreement consistent with their own policies. •When the document is executed, the City will no longer require Sound Transit to build fiber optic as part of the Project and Sound Transit will pay the fee in-lieu amount agreed to. Summary: •In 2019, following execution of the Project Development Agreement with the City, Sound Transit instructed their Design/Build Contractor to design the new City fiber optic per the Agreement. •In the design stage, significant challenges emerged that resulted in the parties exploring other options. •Having the City construct a fiber optic path in existing ROW emerged as an alternate solution to achieve comparable functionality. •The question before City Council is whether to enact an ordinance allowing this change to the Agreement. Options Considered 1.Approve the proposed ordinance, forwarding the proposed ordinance to the City Council for a second reading on December 1, 2020. 2.Reject the proposed ordinance and provide direction to staff. Mayor’s Recommendation The Mayor recommends Option 1 to approve the proposed ordinance. QUESTIONS?