HomeMy WebLinkAboutReg 2007-03-19 Item 6B - Cooperative Agreement - I-405 Widening Project with (WSDOT) Department of Transportation COUNCIL AGENDA SYNOPSIS
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ITEM INFORMATION
CAS NUMBER: 07-033 I ORIGINAL AGENDA DATE: MARCH 12, 2007
AGENDA ITEM TITLE I -405 Widening Project Cooperative Agreement
CA 1'EGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date-057 lbMtg Date 03/19/07 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date:
SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&7R Police PTY
SPONSOR'S This Cooperative Agreement with WSDOT will establish the "communication ground rules"
SUMMARY for both Tukwila and WSDOT to follow during the design and construction of the I -405
Widening Project. The State Attorney General and our City Attorney have both reviewed
and approved the agreement. A presentation by WSDOT will be forthcoming once the
Design -Build team has been selected, which should be this spring.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 02/26/07
RECOMMENDATIONS:
SPONSOR /ADMAN. Authorize Mayor to sign Cooperative Agreement with WSDOT.
COMMr IrE Majority approval; forward to COW.
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$0.00 $0.00 $0.00
Fund Source:
Comments:
MTG. DATE 1 RECORD OF COUNCIL ACTION
03/12/07 1 jv[PPi-i canc7P11P
03/19/07 1
MTG. DATE ATTACHMENTS
03/12/07 Information Memo dated February 22, 2007 (revised after TC meeting)
Cooperative Agreement with Exhibit A (minor formatting reduced Agreement to 8 pages)
Transportation Committee Meeting Minutes from February 26, 2007
03/19/07 same as above
INFORMATION MEMO
To: Mayor Mullet
From: Public Works Director
Date: February 22, 2007 Q
Subject: I -405, I -5 to SR 169 Widenine Project Cooperative Agreement
ISSUE
Cooperative Agreement between Tukwila and WSDOT for the I -405 Widening Project Design
Build process.
BACKGROUND
On March, 25, 2004, the City and WSDOT entered into a Memorandum of Understanding that
described how the two agencies would cooperate during design and construction of the I -405
Widening Project. In that MOU, it was acknowledged that future, more detailed agreements
would be necessary throughout the length of this complex project. The original MOU intended to
establish the "ground rules" for both Tukwila and WSDOT to follow.
ANALYSIS
The I -405 Widening Project is about to enter into it's next phase, moving from the very
preliminary design and into the design -build portion. The I- 405Widening Project is using the
design -build model, in which WSDOT executes a single contract with a design -build contractor
for design and construction services to provide a finish product. In this model, WSDOT defines
the basic objectives for the project and develops outcome -based requirements to ensure the project
is designed and constructed in accordance defined design and regulatory criteria. The Contractor is
then tasked with completing the project in accordance with the outcome -based requirements;
however, specific details of design and construction are up to the Contractor to complete.
The Request for Qualifications of Design -Build teams was published on November 8, 2006.
WSDOT anticipates that they will have selected the Design -Build team this coming spring and the
work will begin on July 1, 2007. Actual work on I -405 is anticipated to begin in early -mid 2008.
The attached draft Cooperative Agreement was originally presented to the Transportation
Committee in November 2006. It formalizes the decisions that WSDOT has made on the
preliminary design, which has included public comment and close coordination with Tukwila staff
and elected and appointed officials. The Cooperative Agreement further outlines how
communication will be done throughout the remaining Design -Build process.
Comments were made by the Committee in November and have been incorporated. Additionally,
the City Attorney's office has reviewed and commented on the agreement and those edits have
been made. WSDOT Headquarters as well as the Attorney General's office have also reviewed
the agreement.
RECOMMENDATION
Authorize Mayor to sign Cooperative Agreement between Tukwila and WSDOT for the I -405
Widening Project Design -Build process.
i:\ pubworks\cyndy\i -405\information memo i-405 cooperative agreement 2- 20- 07.doc
1 GCA -5099
2
3 Washington State Department of Transportation
4 and the City of Tukwila
5
6 COOPERATIVE AGREEMENT
7 For DESIGN and CONSTRUCTION of the
8 I- 405/1 -5 TO SR 169 STAGE 1- WIDENING PROJECT
9
10
11 This Cooperative Agreement for Design and Construction of the I- 405/I -5 to SR 169
12 Stage 1 Widening Project, hereinafter referred to as the "AGREEMENT," is made and entered
13 into by the CITY OF TUKWILA, a municipal corporation, hereinafter referred to as the "CITY,"
14 and the STATE OF WASHINGTON, DEPARTMENT OF TRANSPORTATION, hereinafter
15 referred to as the "STATE," collectively referred to as the "PARTIES" and individually referred
16 to as "PARTY."
17
18 WHEREAS, the STATE, in the interest of providing congestion relief in the I -405
19 Corridor, proposes improvements along I -405 within the CITY in a project known as the "I-
20 405/I -5 to SR 169 Stage 1 Widening Project," hereinafter referred to as the "PROJECT and
21
22 WHEREAS, the proposed PROJECT will require the STATE to perform certain work on
23 the CITY's facilities; and
24
25 WHEREAS, the STATE, having secured funding for the PROJECT, is willing to
26 undertake the construction of said PROJECT; and
27
28
29 WHEREAS, the STATE will construct the PROJECT using the design -build method of
30 project delivery; and
31
32 WHEREAS, the design -build method of project delivery is flexible and allows for the
33 development and finalization of the design after the contract is awarded, unlike the typical
34 design- bid -build method of project delivery; and
35
36 WHEREAS, the PARTIES understand that the PROJECT design will be further
37 developed and finalized after the contract is awarded; and
38
39 WHEREAS, the PARTIES executed a Memorandum of Understanding on March 25,
40 2004, that describes the PARTIES' cooperation during design and construction of the PROJECT;
41 and
42
43 WHEREAS, the PARTIES desire to formally define communication channels and roles
44 that are included in said Memorandum of Understanding; and
45
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46 WHEREAS, the PARTIES desire this AGREEMENT to define the roles and
47 responsibilities of the PARTWS related to design and construction of the PROJECT; and
48
49 WHEREAS, the PARTIES recognize that future supplements or amendments to this
50 AGREEMENT, or other new agreements, may be necessary to record final design decisions and
51 define cost estimates related to the design and construction of the PROJECT;
52
53 NOW, THEREFORE, by virtue of Revised Code of Washington (RCW) 47.28.140 and in
54 consideration of the terms, conditions, covenants, and performances contained herein, or
55 attached and incorporated and made a part hereof, it is mutually agreed as follows:
56
57 1.0 GENERAL
58
59 1.1 The STATE will construct improvements along the I -405 Corridor, the general limits of
60 which are described in Exhibit A, attached hereto and by this reference made part of this
61 AGREEMENT.
62
63 1.2 The CITY and its Tukwila Advisory Committee (TAC), consisting of the Senior
64 Transportation Engineer and the Acting City Engineer and the STATE I -405 Project
65 Director and his direct reports, have had ongoing communication and negotiations that
66 have resulted in many design decisions for elements within the PROJECT, which are
67 incorporated into this AGREEMENT, its supplements, or amendments, or will be
68 incorporated into contract, and other related agreements for this design -build PROJECT.
69
70 2.0 ROLES
71
72 2.1 The PARTIES acknowledge that the STATE will enter into future contractual
73 agreement(s) with a design builder, hereinafter referred to as the "DESIGN- BUILDER,"
74 for design and construction of the PROJECT. Therefore, the CITY agrees to direct all
75 communication related to specific aspects of the PROJECT through the appropriate
76 STATE representatives, as follows:
77
78 a. Construction: I -405 Project Engineer
79 b. Design During Construction: I -405 Project Engineer
80 c. Traffic Control: I -405 Project Engineer
81 d. Public Information: I -405 Project Engineer
82 e. All Other Inquiries: I -405 Project Manager
83
84 2.2 The PARTIES recognize the importance of timeliness in reviews, avoidance of delays,
85 and minimizing costs for the PROJECT, and the mutual benefit provided in shortening
86 plan and proposal review times. To that end, the PARTIES commit to reviewing and
87 returning submittals within ten (10) business days.
88
89 2.3 The PARTIES agree to bear the entire cost of their employees who are necessary to fulfill
90 their roles and responsibilities as identified in this AGREEMENT.
91
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92 2.4 The CITY agrees to have their TAC assist in expediting CITY review and approval of all
93 design -build submittals that are required to be made to the CITY, such as, but not limited
94 to, detour and traffic control plans, noise variance requests, and right -of -way use permits.
95 The STATE, working with its DESIGN- BUILDER, shall make all submittals directly to
96 the CITY for review.
97
98 2.5 The STATE agrees to make presentations to the CITY when requested to do so by the
99 CITY. In addition, the STATE agrees to provide PROJECT updates to CITY staff on a
100 monthly basis. These updates will include PROJECT milestones and will be in a format
101 suitable for posting on the CITY website or for inclusion in the CITY newsletter.
102
103 3.0 DESIGN
104
105 3.1 All plans for the PROJECT will follow the I -405 Plan Preparation Manual using STATE
106 design standards within limited access areas and CITY design standards for CITY streets
107 outside of limited access areas.
108
109 3.2 The PARTIES have agreed to the aesthetic elements identified and described in the
110 Context Sensitive Solutions (CSS) Guidelines, hereinafter referred to as the "CSS
111 GUIDELINES," and agree that, for the PROJECT, the aesthetic treatments of Master
112 Plan compatible elements viewed from I -405 and incorporated into the PROJECT will
113 conform to the CSS GUIDELINES. The PARTIES understand that the engineering
114 details of aesthetic elements identified in the CSS GUIDELINES are undergoing final
115 review and that this review will not change the concepts developed during the CSS
116 process.
117
118 3.3 If the STATE's DESIGN- BUILDER proposes a design change to an element within the
119 CITY's corporate limits, the STATE agrees to present the change to the CITY for review.
120
121 3.4 If the CITY proposes a change to a design element within the CITY's corporate limits,
122 the CITY shall request a meeting through the appropriate STATE representative with the
123 STATE's DESIGN BUILDER. The STATE agrees to meet in a cooperative spirit to
124 review and discuss the proposed change. If the STATE determines the proposed change
125 to be feasible and appropriate, the PARTIES shall negotiate the responsibilities for
126 payment of costs associated with the requested change based on the benefits of the
127 proposed change to each PARTY as well as the PARTIES respective legal obligations. If
128 the PARTIES can mutually agree on payment responsibilities, the STATE will
129 implement the change. If the PARTIES cannot mutually agree on payment
130 responsibilities, the PARTIES will work collaboratively toward resolution at the lowest
131 organizational level using the dispute resolution guidelines outlined in Section 7.0. The
132 consideration of potential schedule delays, which may result in additional cost, will be of
133 paramount importance to both PARTIES, with reducing cost as the primary goal and
134 acknowledged mutual benefit.
135
136 3.5 The STATE will provide the CITY with design development level plans for review. The
137 CITY will review the plans for conformance with the appropriate STATE and applicable
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138 CITY regulations. The CITY agrees to complete the review within ten (10) business
139 days from receipt of the plans.
140
141 4.0 UTILITIES
142
143 4.1 All utility work necessary for the PROJECT will be in accordance with the terms of the
144 applicable utility permit or utility franchise.
145
146 4.2 Any protection or relocation of utilities required by the construction of the PROJECT and
147 responsibility for the associated costs will be covered under a separate agreement.
148
149 5.0 TRAFFIC CONTROL AND DETOUR PLAN APPROVAL PROCESS,
150
151 5.1 The STATE, working with its DESIGN BUILDER, shall submit proposed road closures,
152 detours, and traffic control plans involving CITY streets to the TAC for approval. The
153 CITY shall review each submittal and return it to the STATE within ten (10) business
154 days after receipt of plans, indicating either "approved," "approved with comments," or
155 "not approved, contractor to revise and resubmit."
156
157 5.2 The STATE will not permit its DESIGN BUILDER to close any part of any local road
158 from the third Thursday in November to the following second day in January. The
159 STATE shall notify the TAC and CITY emergency services on the 9 -1 -1 line 48 hours
160 prior to any I -405 lane closures.
161
162 6.0 PERMITS
163
164 6.1 The STATE, and/or its DESIGN BUILDER, shall apply for and obtain all necessary
165 permits or variances for work within the corporate limits of the CITY and regulated by
166 the CITY, including, but not limited to, the following:
167
168 a. Exceptions to the hours for development activity (per Tukwila Municipal Code).
169 b. Noise variance approvals (per Tukwila Municipal Code).
170 c. Right -of -way use permit, which includes all utility and road construction work
171 within the CITY's right -of -way. This includes, but is not limited to, review of
172 haul routes, proposed road closures, and design and construction of sewers,
173 utilities, road grades, sidewalks, curbs, driveway curb cuts, pavement sections,
174 etc.
175
176 7.0 DISPUTES
177
178 7.1 In the event that a dispute arises under this AGREEMENT, the PARTIES shall work
179 collaboratively toward resolution using the following guidelines at the lowest
180 organizational level.
181
182 7.1.1 Informal Resolution. The TAC, under direction from the CITY, and the STATE's I-
183 405 Project Engineer shall jointly cooperate to informally resolve any disputes as
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184 quickly and efficiently as possible. If dispute resolution is not successful at this level,
185 the CITY's Public Works Director and the STATE's I -405 Project Manager shall
186 jointly cooperate to informally resolve any dispute.
187
188 7.1.2 Written Notice. If unresolved, the CITY's Public Works Director and the STATE' s
189 I -405 Project Director shall notify each other in writing of any dispute needing
190 resolution. They shall meet together with appropriate staff from the CITY and
191 STATE within three (3) business days of receiving the written notice in order to
192 resolve the dispute to the satisfaction of both PARTIES. Each PARTY agrees to
193 compromise to the fullest extent possible in resolving the dispute in order to avoid
194 delays and minimize PROJECT costs.
195
196 7.1.3 Dispute Resolution Panel. If still unresolved, the CITY's Public Works Director and
197 the STATE's I -405 Project Director shall each appoint a member to a dispute
198 resolution panel, hereinafter referred to as the "PANEL." These two members shall
199 select a third member not affiliated with either PARTY. The decision made by the
200 three member PANEL shall be final and binding on the PARTIES to this
201 AGREEMENT.
202
203
204 7.1.4 Compensation for the PANEL members and the expenses of operation of the PANEL
205 shall be shared by the CITY and the STATE in accordance with the following:
206
207 a. The STATE and the CITY shall each pay the costs for its appointed member
208 of the PANEL.
209 b. The STATE and the CITY shall each pay fifty (50) percent of the costs for the
210 third member of the PANEL.
211 c. The STATE will provide administrative services, such as conference facilities
212 and secretarial services to the PANEL, and the STATE will bear the costs for
213 this service.
214
215 8.0 INDEMNIFICATION AND BOLD HARMLESS
216
217 8.1 Each PARTY shall protect, defend, indemnify, and save harmless the other PARTY, its
218 officers, officials, employees, and agents, while acting within the scope of their
219 employment as such, from any and all costs, claims, judgments, and/or awards of
220 damages (both to persons and/or property), arising out of, or in any way resulting from,
221 each PARTY's own acts or omissions. No PARTY will be required to indemnify,
222 defend, or save harmless the other PARTY if the claim, suit, or action for injuries, death,
223 or damages (both to persons and/or property) is caused by the sole negligence of the other
224 PARTY, its officers, officials, employees, and agents, while acting within the scope of
225 their employment as such. Where such claims, suits, or actions result from the
226 concurrent negligence of the PARTIES, the indemnity provided herein shall be valid and
227 enforceable only to the extent of a PARTY's own negligence.
228
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229 8.2 The STATE and the CITY agree that their obligations under this Section extend to any
230 claim, demand, and/or cause of action brought by, or on behalf of, any of its employees
231 or agents. For this purpose, the PARTIES, by mutual negotiation, hereby waive, with
232 respect to the other PARTY only, any immunity that would otherwise be available
233 against such claims under the Industrial Insurance provisions of Title 51 RCW.
234
235 8.3 In the event either PARTY incurs any judgment, award, and/or cost arising herefrom,
236 including attorneys' fees, to enforce the provisions of this Section, all such fees,
237 expenses, and costs shall be recoverable from the other PARTY.
238
239 8.4 This indemnification and waiver shall survive the termination of this AGREEMENT.
240
241 9.0 AMENDMENT
242
243 9.1 Either PARTY may request modifications in these provisions. Such modifications,
244 which shall be mutually agreed upon, shall be incorporated as written amendments to this
245 AGREEMENT. No variation or alteration of the terms of this AGREEMENT shall be
246 valid unless made in writing and signed by authorized representatives of the PARTIES
247 hereto.
248
249 10.0 ALL WRITINGS CONTAINED HEREIN
250
251 10.1 This AGREEMENT contains all the terms and conditions agreed upon by the PARTIES
252 to this AGREEMENT. No other understanding, oral or otherwise, regarding the subject
253 matter of this AGREEMENT shall be deemed to exist or to bind any of the PARTIES
254 hereto.
255
256 11.0 GOVERNANCE
257
258 11.1 This AGREEMENT is entered into pursuant to, and under the authority granted by, the
259 laws of the State of Washington and applicable federal laws. The provisions of this
260 AGREEMENT shall be construed to conform to those laws.
261
262 12.0 EFFECTIVENESS AND DURATION
263
264 12.1 This AGREEMENT is effective upon execution by both PARTIES and shall remain in
265 effect through the PROJECT construction contract.
266
267 13.0 SEVERABILITY
268
269 13.1 If any provision of this AGREEMENT, or any provision of any document incorporated
270 by reference, shall be held invalid, such invalidity shall not affect the other provisions of
271 this AGREEMENT that can be given effect without the invalid provision, if such
272 remainder conforms to the requirements of applicable law and the fundamental purpose
273 of this AGREEMENT, and to this end the provisions of this AGREEMENT are declared
274 to be severable.
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275
276 14.0 TERMINATION
277
278 14.1 This AGREEMENT may be terminated by the STATE upon sixty (60) calendar days'
279 written notice.
280
281 15.0 VENUE
282
283 15.1 In the event that either PARTY deems it necessary to institute legal action or proceedings
284 to enforce any right or obligation under this AGREEMENT, the PARTIES hereto agree
285 that any such action or proceeding shall be brought in a court of competent jurisdiction
286 situated in Thurston County, Washington, and only upon exhaustion of the dispute
287 resolution process outlined in Section 7.0 of this AGREEMENT.
288
289 IN WITNESS WHEREOF, the PARTIES hereto have executed this AGREEMENT as of the
290 latest date written below:
291
292 CITY OF TUKWILA STATE OF WASHINGTON
293 DEPARTMENT OF TRANSPORTATION
294
295
296 By By
297 Steven Mullet Kim Henry
298 City Mayor STATE, Project Director
299 I -405 Congestion Relief and
300 Bus Rapid Transit Project
301
302
303 Date Date
304
305
306 APPROVED AS TO FORM: APPROVED AS TO FORM:
308 a1et ku A.( Kerslake_ (-74
309 By (print) By (print)
310
312
313 M Signature
314 City Attorney Assistant Attorney General
315 Office of the Attorney General
316 2
317 j- 5 /c 0
318 Date Date
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319 EXHIBIT A
320 GENERAL PROJECT DESCRIPITON
321
322 General elements of the PROJECT in Tukwila include the following.
323 o Add one general purpose lane northbound and southbound on I -405 from the I -5
324 Interchange to the eastern CITY limits.
325 o Add approximately one foot of width to each side of the I -405 Bridge over the
326 BNSF Railway and Union Pacific railroads.
327 o The widening described above is anticipated to widen the existing 1 -405 roadway
328 without rebuilding the 61 Avenue Bridge, the 66 Avenue Bridge, any of the
329 bridges over the Green River or the I -405 Bridge over SR 181. It is anticipated
330 that non standard lane and shoulder widths will be incorporated on I -405 through
331 Tukwila.
332 o Rebuild the on -ramp between Tukwila Parkway and northbound I -405.
333 o Construct a drainage pond within the I- 405/1 -5 Interchange.
334
335 For informational purposes, the other elements of the PROJECT in Renton include the
336 following:
337 o Add one general purpose lane northbound and southbound on I -405 from the
338 eastern Tukwila city limits to SR 167.
339 o Add one general purpose lane northbound and southbound on 1 -405 from SR 167
340 to SR 169.
341 o Extend the southbound auxiliary lane on SR 167 from I -405 to the SW 41 Street
342 exit and extend the southbound SR 167 High Occupancy Vehicle lane north to I-
343 405.
344 o Minor widening of the 1 -405 Bridge over Talbot Road.
345 o Reconstruct the existing Benson Road Bridge.
346 o The widening described above is anticipated to widen the existing 1 -405 roadway
347 without rebuilding the Lind Avenue Bridge, the 1 -405 Bridge over SR 167, the
348 Cedar and Renton Avenue bridges, or the bridge over the Cedar River. It is
349 anticipated that non standard lane and shoulder widths will be used on I -405
350 through Renton.
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Transportation Committee
February 26, 2007 5:00 p.m.
Present: Pam Carter, Chair; Joe Duffle, Council members. Jim Morrow, Frank Iriarte, Pat Brodin;
Bob Giberson, Gail Labanara, Cyndy Knighton; and Chuck Parrish
Business Agenda
A.Tukwila Int'l Blvd Phases II III Proiect Scone and Bidding. Alternatives
Jim reviewed the cost saving measures that included eliminating the conversion of overhead utilities, different
retaining walls and eliminating some improvements in WSDOT's limited access area. Despite a four -month
effort, no additional funding is available. We will be including an additive alternate to the bid package that will
request a bid on a portion of the overhead power lines from just south of Homeland Security to north of
Intergate West (this section of undergrounding has a cost estimate of $1.7 million). Joe commented that he
would like to see the project with undergrounding if the budget allows. Jim is in contact with SCL regarding the
undergrounding. If SCL does not underground now, any future work by SCL would have to be underground
and SCL would have to pay 100 Pam Carter was in contact with Sabey Corp and was told that there was a
possibility of funding. Pam also requested the SCL timeline for the TIB Phase I undergrounding with all of the
delays. The current estimate for this project is to go out for bids in April with a bid opening in May and a
Notice to Proceed in Sept. (if there are no other delays). Pam Carter will report this item at tonight's COW
meeting and ask if Council would like to review the information presented to this committee. Majority
approval, seek guidance at tonight's COW.
B.I -405 Widening. Proiect
Cyndy Knighton stated that this issue is a review of the MOU that was presented to the Committee in
k
4 November 2006. The delay has been due to WSDOT. The MOU mainly covers communication guidelines for
the design -build project. Pam asked for some additional definition of "design- build" that will be included in the
revised information memo. The State Attorney General and our City Attorney have both reviewed and
approved the cooperative agreement. WSDOT hopes to have completed the selection of the Design -Build team
this month. Consensus by the committee thought it would be better for WSDOT to give a presentation to full
Council once the team has been selected. Majority approval; forward to March 12 COW.
C. Sound Transit 2 RTID
Pam Carter requested that the proposed ballot measures be presented. Jim reviewed the highlights of both
packages and that voters must approve both packages or neither one passes. Jim stressed that the increase on
MVET is $80 per year for each $10,000 of vehicle value. If a household owns two vehicles each worth
$20,000, the MVET cost will be $320, plus the sales tax increase of $125 for Sound Transit 2 and the $25 sales
tax for RTID for a grand total of $470 for a typical household. These additional taxes would continue for 20 -30
years. Pam explained that the RTID is a local tax that would cover state roads but would not financially impact
Eastern Washington. However, some cities in this area are not endorsing the initiatives, as they are not directly
receiving any improvements. The RTID package does not include the Alaskan Way Viaduct. The Sound Transit
2 package does include the Longacres Station. The City of Tukwila did agree to support additional funding for
the Southpark Bridge when it was transferred and the bridge replacement is included in the RTID package. Pam
Carter informed the Committee that there would be a RTID Open House on March 20 at Highline Community
College. Joe asked if Sound Transit is going to the airport in this phase and Jim responded that ST does have
the funds and should be at the airport by 2010. There was a discussion on all of the agencies that currently
oversee transportation issues in the State and how there is legislature to change the process. Information Only.
Other
Jim reported on active projects along with the levee certification and the NPDES permit.
Adjournment: 6:05 p.m.
Committee Chair Approval
Minutes by GL, Reviewed by JM, BG