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23-182 - King County Metro - Interagency Agreement for the Provision of Limited Permit Review Services
Docusign Envelope ID: 53DE55A5-4202-43D1-9C08-DE9512434952 23-182(a) Council Approval N/A ADMINISTRATIVE AMENDMENT TO INTERAGENCY AGREEMENT FOR THE PROVISION OF LIMITED PERMIT REVIEW SERVICES This Administrative Amendment to Interagency Agreement for the Provision of Limited Permit Review Services (this "Administrative Amendment") is made and entered into by and between King County, a home rule charter county and political subdivision of the State of Washington, by and through the King County Metro Capital Division ("Metro" or the "County" or "King County") and the City of Tukwila, a Washington municipal corporation ("Tukwila" or the "City"). The City and the County are each generically referred to herein as a "Party" and collectively as the "Parties". RECITALS A. The City and County are parties to that certain Interagency Agreement for the Provision of Limited Permit Review Services dated December 14, 2023 (the "Agreement"). The Agreement contemplates King County's development of two electrical charging projects for all - electric battery buses to be located at (i) 12400 E Marginal Way S, Tukwila, WA (the "Interim Base", and said electrification project thereon the "Interim Base Project") and (ii) at 11911 E Marginal Way S, Tukwila, WA (the "South Annex Base" and said electrification project therein the "South Annex Base Project", and together with the Interim Base Project, the "Electrification Projects"); B. Owing to practical and time considerations, certain provisions of the Agreement were not able to be finalized prior to the date of its execution or were expected to require updates and amendments to set forth anticipated but unfinalized changes; C. The Agreement expressly contemplated entering one or more administrative amendments in order to memorialize certain agreed upon terms between the Parties; and D. The City and County desire to amend the Agreement as set forth in this Administrative Amendment. AGREEMENT NOW, THEREFORE, it is agreed as follows. Submission of, and payment for, SAB Permit Application Packages: This Administrative Amendment provides the final terms for: a. The complete submission for review of SAB Permit Application Packages Two, Three and Four pursuant to Section 4.a.11, ill and iv of the Agreement. b. The civil plans for SAB Permit Application Package Two, including site preparation, erosion and sediment control, utility plans, paving, grading, drainage plans, and the drainage report, shall be submitted, reviewed, and approved under the site work/gantry structures/S 120th development permit. The drainage report shall not be submitted and reviewed again under the individual development permits for the OpsVM Building, the Service Building, and the Wash Building. Docusign Envelope ID: 53DE55A5-4202-43D1-9C08-DE9512434952 2. Final Pam: Final payment to the City for development permit application reviews and approvals including fire review, public right of way permit application reviews and approvals, mechanical, electrical, and plumbing permit application reviews and approvals that are part of SAB Permit Application Packages Two, Three, Four, Six, Seven and Eight pursuant to Section 4.a. ii, ill, v, vi, vii and viii of the Agreement shall be in the amounts set forth below. a. The agreed upon final permit fees, as that term is used in the Agreement, to be paid to the City for all review of the SAB Permit Application Packages shall be One Million, Nine Hundred Thirty -Seven Thousand One Hundred Fifty - Seven Dollars and 57/100 Cents ($1,937,157.57); and b. The final Contractor review share of permit fees to be paid the Contractor is Five Hundred Ten Thousand Seven Hundred Forty -Two Dollars and 97/100 Cents ($510,742.97). c. The dollar amount for the agreed upon final permit fees set forth in Section 2.a hereinabove includes any deferred permit application submittals for those SAB Permit Application Packages Two, Three, Four, Six, Seven and Eight. Amendments to Exhibit X of the Agreement: This Administrative Amendment hereby amends Exhibit X of the Agreement and the Timeline of Expedited Review for South Annex Base in accordance therewith, and the Parties hereby agree to the review and comment timelines set forth in Exhibit X-2, attached hereto and incorporated herein by this reference. 4. Amendments to Exhibit Z of the Agreement: This Administrative Amendment hereby amends Exhibit Z to the Agreement as follows: a. As provided under Section 6.d of the Agreement, the City's Fee Structure and updated Impact Permit Fee Schedule shall hereafter be set forth in Exhibit Z-1 to this Administrative Amendment, attached hereto and incorporated herein by this reference (the '`2024 Rates"). b. As provided under Section 6.c of the Agreement and Exhibit Z thereto, the Permit Fee Disbursal to Contractor and City is hereby amended as specifically provided under Exhibit Z-2 to this Administrative Amendment, attached hereto and incorporated herein by this reference, such amendment which shall hereafter provide and set forth the agreed upon terms of: i. An updated value of work and the payment of permit fees as set forth in Section 6.a.11 of the Agreement; and ii. An updated share of permit fees as set forth in Section 6.c of the Agreement. c. All Permit Applications submitted in accordance with this Administrative Amendment use the 2024 Rates. Amendments to Section 4.a. ii.' and 4.a.111.2 of the Agreement / Stream DUlighting: In order to accommodate an additional level of jurisdictional review, Section 4.a.ii.3 is hereby amended and restated in its entirety as follows: Docusign Envelope ID: 53DE55A5-4202-43D1-9C08-DE9512434952 "Development; supplemental development standards; landscaping requirements; off-street parking and loading: City review: Offsite employee parking plan approved by City file no. L24-0011. Note: the City shall issue a site development permit that includes a contingency that the stream daylighting work and fish passable culvert upgrades, as provided in Section 4.a.ii.3 and 4.a.iii.1 and 2, shall not commence until the issuance of permits by the WDFW and WDOE, and if determined to be applicable, the issuance of a permit by the Army Corps of Engineers (ACOE) pursuant to Section 404 of the Clean Water Act." Section 4.a.iii.1 of the Agreement is hereby amended and restated in its entirety as follows: "Public works; surface water/drainage: Contractor review: Excavation, grading and installation of site infrastructure including paving, storm drainage and utilities. Stream daylighting, fish- passable culvert upgrades. Access road and driveway improvements. Note: construction on S 120 PI access road shall not commence until the County and the owner of KC Parcel No. 1023049078 and 1023049069 shall have executed a written agreement providing for improvements to the road and a copy of same shall have been delivered to the City. Public road improvements including sidewalk, traffic signal and signalized pedestrian crossing. TMC 11.08.020 public works (ROW); TMC 14.30.070 public works (surface water/drainage); TMC 16.54.050 public works (grading)." Section 4.a.111.2 of the Agreement is hereby amended and restated in its entirety as follows: "City Planning Review: City review TMC 18.45 (environmentally critical area/land use/) stream daylighting Note: the City shall issue a site development permit that includes a contingency that the stream daylighting work and fish passable culvert upgrades, as provided in Section 4.a. 111.3 and 4.a.111.1 and 2, shall not commence until the issuance of permits by the WDFW and WDOE, and if determined to be applicable, the issuance of a permit by the ACOE pursuant to Section 404 of the Clean Water Act." 6. Corrective Amendments to Section 5.c.iv and 5.c.v: a. Section 5.c.iv of the Agreement is hereby amended and restated in its entirety as follows: "Timely provide permit review and comments as set forth in Sections 3.a.i.3, 4.a.1, 4.a. 111.3 and 4.a.111.2." Docusign Envelope ID: 53DE55A5-4202-43D1-9C08-DE9512434952 b. Section 5.c.v of the Agreement is hereby amended and restated in its entirety as follows: `'Timely provide permit review and comments as set forth in Sections 3.a.i.1-3, 3.a.ii, 3.a.iii, 4.a.1, 4.a.ii.1-3, 4.a.111.1-2, 4.a.iv, 4.a.v, 4.a.vi, 4.a.vii, and 4.a.v.iii." 7. All Fees and Pam: a. All fees and dollar amounts to be paid by Metro related to Submission Packages Two, Three, Four, Six, Seven and Eight are set forth on Exhibits Z-1 and Z-2. The payment schedule under this Administrative Amendment and all fees, calculations and distributions and apportionments thereof are set forth in the Exhibits hereto and shall be binding on the Parties. The dollar amounts set forth on Exhibit Z-2 are final. The City shall not add any permit fees or any other fees to these amounts. The City shall timely provide an invoice upon submission of all payments herewith. b. All IBE permit review fees, including all fees for all permit revisions submitted as of the date hereof, have been paid in full by Metro. Conflicts: In the event of any conflict in the terms of this Administrative Amendment and the terms of the Agreement, the terms of this Administrative Amendment shall control. Except as expressly amended hereby, the Agreement remains in full force and effect and is hereby ratified and confirmed. 9. Defined Terms: All capitalized terms not defined in this Administrative Amendment shall have the meanings given in the Agreement. 10. Execution: This Administrative Amendment may be executed and delivered in counterparts, and electronic delivery, including by PDF and DocuSign. [no further text; signature page(s) follow] Docusign Envelope ID: 53DE55A5-4202-43D1-9C08-DE9512434952 IN WITNESS WHEREOF, this Administrative Amendment has been executed as of the date first above written. KING COUNTY DocuSigned by: I' By: �.l&kWal,U , wu Name: Mieu ison c e Title: General Manager, Metro Transit Department Date: 11/8/2024 APPROVED AS TO FORM: Signed by: By: Ryangs 2 Zi I F... King County Deputy Prosecuting Attorney CITY OF TUKWILA L-Z'432054524,10 d by: MxS N1.G(,t,bd,By: Name: Thomas McLeod Title: Mayor 10/30/2024 1 11:47 AM PDT Date: APPROVED AS TO FORM: Signed by: Ili `4 By: 1&-4=124— Kari Sand Tukwila City Attorney Docusign Envelope ID: 53DE55A5-4202-43D1-9C08-DE9512434952 EXHIBIT X-2 TO ADMINISTRATIVE AMENDMENT TIMELINE OF EXPEDITED REVIEW Work Order n4 SAB Permit Review Task _.. ..... Duration Stant _... Finish I Design Team provides value of work for permits and Second ArniMstrative Amendment provided to the Crty 13 days Fra 5/17/24 Tue6/4/24 Negotiated LO'e Level of Effort for County Contractor Pern-R Reviewer is completed, Work Order #4 between County and. 31 days Fri 5117/14 Thu 5/23/24 Contractor Permit R viewer executed and ropy of Contractor perrnht tee hours and fee prrrvaded to Catrr Second Administrative. Amendment drafts to final provided to City ..... ..... ..... ..... ..... 78 days Tue 5/4124 ._- Tue 9/24/24 _.. City and County sign the Second Administrat.ve Armendmen4 10 days Tue 9/24/24 Mon 10/7/24 County Contractor Permit Reviewer, City and County meeting to go over the submittals for the permit applications review for 1 day Tue 7/23/24 Tue 7/23024 completeness_ __.. ........ Permit application documents provided to County Contractor reviewer upon Work Order Nottice To Proceed - Contractor 4 days .Wed 7124124 Mon 7/29124 Reviews Permit Plans -Contract between Prime and Sub contractor reviewers INTR given by 8,121/24 ' Permit application documents uploaded to City portal 4 days Wed 7/24/24 Rulon 7/29/24 City reviews for completeness and routes to Uty, PSHi-A and 1:ontractor Reviewers 4 days Wed 1124,124 Mon 1129/2.4 City (Planning staff & P:5.RIFA Reviews Permit (Documents 30 days ',(Mon 7/29/24 Thu 8/29/24 Contractor Reviews Permit Documents and performs QA/QC of Permit Review '32 days Wed 8/21/2024 Fru 10,/4,/24 Contractor, City Planning staff & P5RFA Approves or Provides. Review Comments and Corrections to City Permit Tech 32. days Wed 8/21/2024 _. Fru 10/4/24 _... Contractor, City and Countymeeting hl-weekly/as needed Thu 8,/29124 Thu 3/20/25 . City uploads approval or correction letter 5 days .(Mon 101/7/24 Fri 10,/11/24 Design Team Routes to Disciplines and Responds to Review Comments and Uploads Corrections on City (Permit Portal) 53 days Rulon 10/14124 Tues 1/2/25 City routes to Reviewers 5 days Tues 1/2/25 Thu 1/8/25 Contractor reviews corrections and responses, closes addressed comments, identifies required outstanding items needed 20 days Tues 1/9/25 Fri 2/7/25 before permit approval Of applicable), and recommends either permit approval or permit approval with conditions. Contractor OA/QC of the Permit Review OR Closes. out Comments and Recommends Approval 5 days Mon 2/10/25 Fri 2/14/25 Design Team 'Routes to Disciplines and provides Response and/or info for outstanding litems if applicable 14 days I.IMan 2,/17/25 Fra 2,/28/25 Contractor Closes. out Comments and Recommends Ap,provall IIDlspute Resolution if needed 10 business days) 5 days '.(Mon 3,/3,/25 Fra 3,/7,/25 City Contractor. Stamps Approval on (Plans and uploads on City Permit (Portal .... 5 days Mon 3/10125 _. Fru 3/14/25 City Provides Standard Permit Conditions and any Special Conditions within two weeks from Approval 10 days '.Mon 3/17125 Fri 3128125 Docusign Envelope ID: 53DE55A5-4202-43D1-9C08-DE9512434952 EXHIBIT Z-1 TO ADMINISTRATIVE AMENDMENT CITY PERMIT IMPACT FEES Permit impact fees for new buildings paid by County to the City Fire and Park Impact Fees (per 1,000 GFA of building) Ord 2708 Aug 2023 OpsVM bldg Dev permit D24-0191 $221,185.64 Wash bldg Dev permit D24-0188 $6,276.08 Service bldg Dev permit D24-0189 $16,184.12 Traffic Concurrency Fee Resolution 2016 C24-0030, D24-0192, D24-0191, D24-0189, D24-0188 $18,000 Traffic Impact Fee D24-0192, D24-0191, D24-0189, D24-0188 $438,324 Traffic Fee and Concurrency Total ($456,324) Total Permit Impact fees $699,969.84 Impact Fees are included in the Permit Fee Amounts in Exhibit Z-2 Docusign Envelope ID: 53DE55A5-4202-43D1-9C08-DE9512434952 EXHIBIT Z-2 TO ADMINISTRATIVE AMENDMENT PERMIT FEE DISBURSAL TO CONTRACTOR AND CITY SAB Permits Estimated Tukwila County Contractor City Portion Valuation Permit Fee Portion Ops & VM $25,025,578.61 $536,668.85 $115,596.29 $421,072.56 $140,343.48 Building D24- 0191 Wash Building $795,623.28 $25,349.39 $6,877.77 $18,471.62 $6,156.29 D24-0188 Service Building $2,083,520.34 $53,029.93 $13,335.35 $39,693.98 $13,230.00 D24-0189 Site Work, $3,000,000 Gantry Structures & S 120th Gantry structures portion Site Work, $50,723,703 Gantry Structures & S 120th Site & S 120th portion Combined Site $659,842.10 $242,611.14 $417,181.71 $139,046.66 & Gantry D24- 0192 Total Traffic $438,324 $438,324 $438,324 impact Traffic $18,000 $18,000 $18,000 concurrency test fee C24- 0030 E Marginal Way $848,120.33 $29,989.63 $256.49 $29,733.14 $9,910.06 S PW24-0054 OpsVM bldg. $31,096,641 $210,874.63 $40,552.83 $170,321.80 $56,768.26 Electrical EL24- 0633 Wash bldg. $1,648,537 $19,461.00 $3,741.74 $15,719.26 $5,239.23 Electrical EL24- 0636 Service bldg. $3,361,218 $30,594.37 $5,883.53 $24,710.84 $8,236.12 Electrical EL24- 0637 Docusign Envelope ID: 53DE55A5-4202-43D1-9C08-DE9512434952 Site, Gantry $50,355,992 $336,060.40 $64,627.00 $271,433.40 $90,468.75 Structures & S 120'" Electrical EL24-0634- OpsVM bldg. $7,496,323 $75,035.42 $14,433.35 $60,620.07 $20,204.67 Mechanical M24-0121 Wash bldg.. $257,161 $3,520.75 $677.03 $2,843.54 $947.75 Mechanical M24-0119 Service bldg. $582,180 $7,031.54 $1,352.22 $5,679.32 $1,892.92 Mechanical M24-0120 OpsVM bldg. N/A $3,382.08 $650.42 $2,731.66 $910.46 Plumbing PG24-0086 Wash bldg. N/A $225.39 $43.34 $182.05 $60.68 Plumbing PG24-0087 Service bldg. N/A $543.09 $104.47 $438.62 $146.19 Plumbing PG24-0088 Total $2,447,900.54 $510,742.97 $1,937,157.57 $645,654.62 Hours 2,837 6,873 23-182 Council Approval N/A Interagency Agreement for the Provision of Limited Permit Review Services This Interagency Agreement for the Provision of Limited Permit Review Services (this "Agreement") is made and entered into by and between King County, a home rule charter county and political subdivision of the State of Washington, by and through the King County Metro Capital Division ("Metro" or the "County" or "King County") and the City of Tukwila, a Washington municipal corporation ("Tukwila" or the "City"). The City and the County are each generically referred to herein as a "Party" and collectively as the "Parties". The date of this Agreement is December 8, 2023. RFCITAUS A. WHEREAS, King County is legal successor in interest to the Metropolitan Municipality of Seattle, and provides a regional system of public transportation pursuant to Chapter 35.58 RCW, Chapter 36.56 RCW, and other authorities; B. WHEREAS, in furtherance of its regional system of public transportation, King County is developing two electrical charging projects for all -electric battery buses to be located at (i) 12400 E Marginal Way S, Tukwila, WA (the "Interim Base", and said electrification proj ect thereon the "Interim Base Project") and (ii) at 11911 E Marginal Way S, Tukwila, WA (the "South Annex Base" and said electrification project therein the "South Annex Base Project", and together with the Interim Base Project, the "Electrification Projects"), C. WHEREAS, the Interim Base has a start of service date of September 2025 and a contractor's estimated construction start date of not later than March 31 2024, therefore the permits for the Interim Base Project need to be issued by January 31, 2024, D. WHEREAS, the South Annex Base requires site and building occupancies not later than March 2027 and a contractor's construction start date for the demolition of existing buildings of approximately the first quarter of 2024, therefore the demolition permit for the South Annex Base Project need to be issued before demolition, E. WHEREAS, the County expects to additionally submit three or more procurement packages for multiple stages of construction for the South Annex Base by a date to be determined, the schedule of said three or more packages are expected to be submitted on or about November 15, 2023, F. WHEREAS, the City's ordinary course of business does not anticipate, and its staffing cannot accommodate the scope or timeline necessary to meet the County's pen -nit approval needs; G. WHEREAS, in order to achieve a date certain for the permit approvals required under Recitals C, D and E, the City and County desire to work together in good faith to meet certain schedule goals and commitments; H. WHEREAS, the City and County desire for additional architectural, engineering and related services in order to perform certain limited permit review work on behalf of the City related to the Electrification Projects; I. WHEREAS, the County desires to achieve a guaranteed level of effective cooperation and efficiency in permit review from the City in order to meet its permit schedule goals and commitments; and WHEREAS, in light of the Parties respective desires under recitals B through H as well as King County's ongoing operation of a public transportation system, the Parties desire to establish the terms under which an independent contractor (defined herein as the Contractor) shall provide limited permit review capacity for the Electrification Projects as set forth further herein. NOW THEREFORE, the County and the City mutually agree as follows: AGREEMENT RECITALS. Recitals A through J are material parts of this Agreement and are incorporated by this reference as if fully set forth herein. 2. PURPOSE; CONTRACTOR. The purpose of this Agreement is to establish a limited term agreement pursuant to which the County shall contract with and to pay for the costs related to the Contractor, defined below, who shall perform an augmented level of permit review services during the development and plan review for the construction permits for the County's Electrification Projects and for the Parties to meet the County's permit schedule goals set forth on the Timeline of Expedited Review and Flowchart of Expedited Review (defined herein), in furtherance of the County's provision of a regional system of public transportation pursuant to Chapter 35.58 RCW and Chapter 36.56 RCW. The County will enter into and execute a Professional Services Agreement for Architectural, Engineering and Related Services for Permit Plan Review for Metro Transit Department (the "Contract") with T.Y. Lin (the "Contractor") around August 28, 2023. The scope of the Contract shall include permit application review of those Permit Application Packages and related obligations as defined and set forth in this Agreement. 3. INTERIM BASE PROJECT: PROJECT DESCRIPTION; PERMIT APPLICATIONS AND MILESTONES. a. The Interim Base Project shall consist of electrical charging infrastructure comprised of steel gantry structures and chargers for approximately 120 battery electric buses. Permitted work shall include but not be limited to replacement of 2 paving, revising site lighting and utility work. In addition, there shall be minor modifications to the water and sewer utility lines and new stormwater catch basins to be installed, which shall require no change in the existing approved stormwater detention facilities or the site storm drainage technical information report design calculations. The Interim Base Project shall consist of approximately three (3) Permit Application Packages (each generically an "IBE Permit Application Package"), numbered i -iii below and pursuant to the relevant sections of the Tukwila Municipal Code (TMC) as follows: i. IBE Permit Application Package One: Development (Type 1 Decision) L Contractor Review: Excavation for and installation of steel gantry structures on footings, overhead electrical charging system, canopy covered cleaning station, paving replacement, retention of fire access roads, utility work and relocations, and site lighting. TMC 18.104 development (building, public works); TMC 14.30.070 public works (surface water/drainage); TMC 16.04.020 development (building); TMC 16.54.050 public works (grading). 2. Contractor Review and Puget Sound Regional Fire Authority Review: Retention of fire access roads, fire alarm and emergency shutoffs. Puget Sound Regional Fire Authority ("PSRFA"). This review shall not include any requirement of automatic fire sprinkler systems in the canopies over the proposed structures. TMC 16.16 & 18.104 development (fire). 3. City Review: TMC 18.36 MIC/L development (standards); TMC 18.104 development (land use); TMC 18.56 development (off- street parking regulations). ii. IBE Permit Application Package Two: Public Works, Right of Way Use and/or On -Site Work Contractor Review: Utility trenching for electrical power conduit installation, curb and sidewalk restoration. TMC 11.08.020 public works (ROW); TMC 16.54.050 public works (grading); TMC 14.30.070 public works (surface water/drainage). iii. IBE Permit Application Package Three: Electrical Contractor Review: installation of electrical facilities (duct banks, conduits, vaults, cabinets, transformers, chargers) for the electrical charging system and site lighting. TMC 16.04.020 electrical. b. Interim Base Project Milestones: The submittal and receipt of each IBE Permit Application Package and payment of applicable fees shall establish the "IBE Base Electrification Submittal Date" for that Permit Application Package. Concurrent with each IBE Permit Application Package, King County shall submit a Permit Application Task Timeline in the form and substance set forth in Exhibit X-1, attached hereto, which shall establish the review and comment timelines and provide the review responsibilities of the City, Contractor and PSRFA, as 3 applicable. Corrections performed by the County shall be submitted to the City with a Correction letter, with courtesy copies sent to the Contractor. i. The City shall issue each permit within 2 weeks of receipt of permit approval from the reviewer or resolution of a dispute. The City shall produce and issue a permit with standard permit conditions and attach and incorporate by reference the Contractor's additional permit conditions, if any. 4. SOUTH ANNEX BASE PROJECT: PROJECT DESCRIPTION; PERMIT APPLICATIONS AND MILESTONES. a. The South Annex Base Project shall consist of demolition of existing structures and construction of a new maintenance and operations building. There will be installation of electrical bus charging infrastructure with steel gantry structures and overhead electrical charging system for approximately 250 battery -electric buses. The east branch and northern portion of the west branch of Riverton Creek will be daylighted and fish -passable culverts installed. A sidewalk will be installed along the south and east frontage of the property and in the E Marginal Way S right-of-way along with a traffic signal at the E Marginal Way and 120th Pl. S. intersection. The South Annex Base Project shall consist of approximately eight (8) Permit Application Packages, named SAB Permit Application Package One through Eight and numbered in a.i-a.viii, below (each generically an "SAB Permit Application Package") and to be reviewed by the following parties and pursuant to the relevant sections of the TMC: i. SAB Permit Application Package One: Building Demolition and Grading at Building Footprint Area (Type 1 Decision) Contractor review: Removal of existing structures and foundation; add fill TMC 16.04.050 development (building, public works) TMC 16.54.050 public works (grading). 1. Fire: Contractor review andPSRFA review. ii. SAB Permit Application Package Two: Development (Type 1 Decision) Public works; development; surface water/drainage; grading. L Contractor Review: Excavation and construction of Vehicle Maintenance and Operations building, service building and electrical building, steel gantry structure for overhead electrical charging system for buses. Electric charging for standard size non - revenue county vehicles. TMC 18.104 development (building, public works); TMC 14.30.070 public works (surface water/drainage); TMC 16.04.020 development (building); TMC 16.54.050 public works (grading). 2. Development: Contractor review andPSRFA review: Fire access roads, fire sprinklers, fire alarm and emergency shutoffs. TMC 16.16 & 18.104 development (fire). 4 3. Development; parking: City review: Parking plan summarizing the allocation and provision of employee parking at Metro's South Base Campus which includes off-site parking for the South Annex Base employees. Note: Stream daylighting per TMC 18.45 development (environmentally critical area upon issuance of permit by the WA Dept of Fish & Wildlife and WA Dept of Ecology. Upon issuance of permit by the WDFW and WDOE the City shall issue a site development permit that includes the daylighting work). TMC 18.104 development (land use); TMC 18.50 development (supplemental development standards); TMC 18.52 development (landscaping requirements); Special Permission for Offsite Parking (Type 2 Decision/Land Use Administrative Review, off-street parking). iii. SAB Permit Application Package Three: Public Works, Right of WaX Use and/or On -Site Work 1. Public works; surface water/drainage: Contractor review: Excavation, grading and installation of site infrastructure including paving, storm drainage and utilities. Stream daylighting, fish - passable culvert upgrades. Access road and driveway improvements. Public road improvements including sidewalk, traffic signal and signalized pedestrian crossing. TMC 11.08.020 public works (ROW); TMC 14.30.070 public works (surface water/drainage); TMC 16.54.050 public works (grading). 2. Land Use Review: City review TMC 18.45 (environmentally critical area/land use) stream daylighting Note: Upon issuance of permit by the WDFW and WDOE the City shall issue a site development permit that includes the daylighting work. iv. SAB Permit Application Package Four: Public Works Right of Way Use Type Q Permit Contractor review: Street improvements, utilities, traffic signalization and related civil engineering infrastructure. v. SAB Permit Application Package Five: Fire Permit PSRFA review: fire sprinkler systems, fire alarm and emergency shut -offs. The PSRFA shall provide a decision regarding separate fire permit requirements. TMC 16.16 & 18.104 development (fire) 16.16 IFC; 16.40 fire alarm; 16.42 sprinkler. vi. SAB Permit Application Package Six: Electrical Contractor review: Installation of electrical facilities and systems for site lighting, bus charging, and buildings. vii. SAB Permit Application Package Seven: Mechanical Contractor review: HVAC systems and other mechanical. viii. SAB Permit Application Package Eight: Plumbing Contractor review: King County Wastewater Treatment Division non-residential sewer use certification sewage treatment capacity charge form provided to City 5 Public Works Dept and City forwards to King County Wastewater Treatment Division. b. South Annex Base Project Packages and Milestones: Concurrent with each SAB Permit Application Package, King County shall submit a Permit Application Task Timeline in the form and substance set forth in Exhibit X-1, attached hereto, which shall establish the review and comment timelines and provide the review responsibilities of the City, Contractor and PSRFA, as applicable. Corrections performed by the County shall be submitted to the City with a Correction letter, with courtesy copies sent to the Contractor. i. The City shall issue each permit within 2 weeks of receipt of permit approval from the reviewer or resolution of dispute. The City shall produce and issue a permit with standard permit conditions and attach and incorporate by reference the Contractor's additional permit conditions, if any. 5. RESPONSIBILITIES. The City and the County agree to the following responsibilities: a. Communication; Status Meetings: At all times during this Agreement, the County, City and Contractor shall have standing one hour weekly to bi-weekly meetings via Microsoft Teams, the purpose of which shall be, at all times in good faith, to provide status updates, discuss project milestones set forth in Section 3 and 4, explain challenges, and agree upon plans of action ("Status Meeting(s)"). City attendees shall include representatives from building, public works, land use and permitting, and PSRFA, as needed. The County shall provide an updated Project Schedule, Timeline of Expedited Review and/or Flowchart of Expedited Review for each weekly to bi-weekly Status Meeting. b. Permit Supervisor Rachelle Sagen shall be the responsible City party for: i. Managing the City's internal land use review as set forth in the City Review components of IBE Permit Application Package One and Four and SAB Permit Application Package Two according to the timelines set forth with each Permit Submittal Package in the form provided in Exhibit X-1. ii. Serve as City liaison between PSRFA, Contractor and the County as necessary for the PSRFA Review together with any concurrent Contractor Review components of IBE Permit Application Package One and SAB Permit Application Package Two and in accordance with the timelines set forth herein. iii. Serve as primary City contact for Contractor Review components of IBE Permit Application Package One, Two and Three and SAB Permit Application Packages One, Two, Three, Four, Six, Seven and Eight. c. The City shall: i. At all times be the Authority Having Jurisdiction. 0 91 e. ii. Provide a staff member dedicated to assist the Contractor and King County, and to process and respond, within the timelines prescribed in Sections 3, 4 and 5 herein; iii. Adhere to agreed upon due dates and timeframes as established in updates to the "Timeline of Expedited Review" and "Flowchart of Expedited Review", attached as Exhibit X to this Agreement. The Parties agree that the due dates and timeframes set forth and agreed upon during Status Meetings in the Timeline of Expedited Review and Flowchart of Expedited Review are intended to and shall supersede those set forth in TMC 16.04.250 and TMC 18.104.130. iv. Timely provide permit review and comments as set forth in Sections 3.a.i.3, 3.a.iv, 4.a.i.3 and 4.a.ii.2. v. Timely provide final review and approval as set forth in Sections 3.a.1.1- 2, 3.a.ii, 3.a.iii, 4.a.i, 4.a.ii.1-2, 4.a.iii.1, 4.a.iv, 4.a.v, 4.a.vi, 4.a.vii, and 4.a.viii. vi. Within 14 days of signing the Agreement, provide the standard permit conditions associated with each permit listed in Sections 3.a.i, ii, iii, iv and Sections 4.a. i, ii, iii, iv, vi, vii and viii. vii. Timely issue permits listed in Sections 3.a.i, ii, iii, iv and Sections 4.a. i, ii, iii, iv, vi, vii and viii. viii. Maintain responsibility for inspections. Inspections for the Interim Base Project and South Annex Base Project shall be scheduled by the project construction contractors through the City's Permit Portal. Inspections shall be timely performed and completed by the City of Tukwila inspectors or inspectors retained by the City under separate contract according to the "Timeline of Expedited Review" and "Flowchart of Expedited Review". The County, as permit applicant shall: i. Timely submit the Interim Base Permit Application Package and the South Annex Base Permit Application Packages in accordance with Tukwila Municipal Code 16.04.250 and 18.104.060. ii. Review comments and any proposed changes by the Contractor or City and timely provide feedback or updated submittals, as appropriate. iii. Make payment as provided in section 6 below. Contractor role and relationship to City and County: i. Use of Consultants, Experts, and Subcontractors. The Contractor and any consultant or subcontractor employed thereby performing work under this Agreement shall be subject to the terms set forth in this Section 5.e. The County may, at County expense, cause the Contractor to retain the services of a consultant or subcontractor (generically "Subcontractor(s)") to supplement the obligations of the Contractor under this Agreement upon written notice to the City. The County shall provide the names and/or firms of all Subcontractors performing work or services under this 7 Agreement. The Contractor shall at all times provide appropriate supervision and review of any Subcontractor's work. ii. The City by execution of this Agreement agrees to grant authority to the Contractor to review the permit applications set forth in Sections 3.a.i.1-2, 3.a.ii and 3.a.iii and Section 4.a.i, 4.a.ii.1-2, 4.a.iii.1, 4.a.iv, 4.a.vi, 4.a.vii, and 4.a.viii on behalf of the City. The Contractor shall issue its recommendation of approval and permit conditions, which shall be provided to the City. After receipt of the recommendation, the City shall issue each permit with the City's standard permit conditions plus any additional reviewer's conditions attached to the permit. iii. Independent Contractor Status. Contractor and any subcontractor(s) retained thereby in fulfillment of this this Agreement, at all times while performing work contemplated herein (including all amendments, attachments and addenda hereto), shall not be deemed to be employees of the County or the City of Tukwila for any purpose. Wages, hours, and other terms and conditions of service shall be stated in the contract between the County and Contractor and shall remain the obligation of the County unless otherwise agreed to by the Parties in writing. The County shall be solely responsible for payment of Contractors' wages, any required payroll taxes and any benefits or other compensation. The City shall not be responsible for paying any wages, benefits, taxes, or other compensation directly to Contractors. In no event shall the City or its officers, employees, agents, or representatives be authorized or represent that they are authorized to make any representation, enter into any agreement, waive any right or incur any obligation in the name of, on behalf of or as agent for the County under or by virtue of this Agreement except as expressly set forth herein. 6. PERMIT FEES. a. Cost Allocation: i. Interim Base Electrification: The County's IBE permit fee payments shall be divided between the Contractor and the City for the Interim Base Electrification Project as set forth in additional detail on Exhibit Z, attached hereto. Exhibit Z is based on 30% design and shall be updated by the County at the 60% and 90% design phases and final permit plan set phase to reflect updated value of work pursuant to an Administrative Amendment (as defined in Section 7). Any remaining balance of the permit fees not used by the Contractor according to Exhibit Z will be paid to the City. ii. South Annex Base: The County's SAB permit fee payments shall be divided between the Contractor and the City for the South Annex Base Project as set forth in additional detail on Exhibit Z, attached hereto. Exhibit Z is based on 30% design and shall be updated by the County at 0 the 60% and 90% design phases and final permit plan set phase to reflect updated value of work pursuant to an Administrative Amendment. Any remaining balance of the permit fees not used by the Contractor according to Exhibit Z will be paid to the City. b. Payment: Concurrent with each submission of Permit Application Package as set forth in Sections 3.a and 4.a, the County shall remit to the City (i) the City's portion of the divided fee that is due at Permit Submittal for each such Permit Application Package and (ii) any outstanding amounts under this Agreement due and owing at the time of Permit Issuance provided that the City shall have timely provided the County notice of such overdue amounts and such amounts are not being contested by the County in good faith pursuant to Section 13 of this Agreement. Notice of such overdue amounts shall be considered timely if provided to the County at the preceding Status Meeting and in writing not less than five (5) business days prior to the City's approval of the permit. The City shall issue the permit upon the receipt of outstanding amounts. c. Adjustment of Permit Fees and Share. i. Permit Fee Disbursal to Contractor and City are set forth on Exhibit Z. The permit application fees set forth on Exhibit Z represent the City's standard fee structure and a maximum amount designated for the Contractor. The IBE permit fees paid to the City shall the amount calculated from (i) the total IBE permit application fees minus (ii) the Contractor review share of the IBE permit fees, which shall in no event be greater than $117,544, such calculated amount which shall be memorialized by one or more Administrative Amendments. The SAB permit fees paid to the City shall the amount calculated from (i) the total SAB permit application fees minus (ii) the Contractor review share of the SAB permit fees, once finalized, and such calculated amounts which shall be memorialized by one or more Administrative Amendments. Any overage of the final IBE or SAB permit fees paid to the City shall be as additional consideration for the Expedited Review contemplated under this Agreement. ii. The City and County agree to adhere to the permit fees as established in updates to the "Permit Fee Disbursal to Contractor and City", attached as Exhibit Z to this Agreement. Any outstanding amounts owed to the City shall be paid prior to permit issuance by the City. d. Amendments to the City's Standard Fee Structure: The City and County agree to, at the first Status Meeting of each quarter during the term of this Agreement, discuss and affirm the fee structure set forth hereunder. In addition, the County acknowledges that the City's standard fee structure may be amended on an annual basis. Any amendments to the fee structure as contemplated by this section 6.d shall be memorialized by an Administrative Amendment. 0 7. DURATION, TERMINATION AND AMENDMENT. a. This Agreement is effective the date set forth first above upon signature by both the County and the City and shall remain in effect until December 31, 2026, on which date this Agreement shall terminate of its own force, unless extended beyond that date by mutual agreement of the County and the City as described in subparagraph d below. b. Termination for Cause. Upon exhaustion of the Dispute Resolution requirements set forth in Section 13, this Agreement may be terminated by either Party for cause or upon 15 days' written notice. c. Termination for Non -Appropriation. If expected or actual funding is withdrawn, reduced or limited in any way prior to the termination date set forth in Section 5.a, the County may, upon 10 days written notice to the City, terminate this Agreement in whole or in part. Such termination shall be in addition to the rights of termination set forth immediately above. In such event, the County shall reimburse the City for City staff costs, if any, incurred prior to date of termination. d. The Parties anticipate entering into one or more administrative amendments to this Agreement (each an "Administrative Amendment") in order to memorialize updates to the City's standard fee schedule, design drawing updates, and permit application fees to be paid, provided such amounts do not exceed twenty percent (20%) of the total fees for each Project contemplated in this Agreement. A form of the Administrative Amendment is attached hereto as Exhibit Y-1. An Administrative Amendment may be executed by Rachelle Sagan or Nora Gierloff for the City and Tom Paine or Mark Ellerbrook on behalf of the County. e. Outside of that contemplated in the paragraph immediately above, any substantive amendment or modification to this Agreement may be made only by mutual written agreement signed by both Parties. 8. TIME IS OF THE ESSENCE. The City agrees to diligently perform the work under this Agreement to completion and in accordance with any schedules specified herein. Time is of the essence in the performance of this Agreement. 9. SEPA. King County is the SEPA lead agency for the Interim Base Electrification Project and the South Annex Base Project. The County will provide a SEPA decision for the Interim Base Project before permit approval. The County will provide a SEPA decision for the South Annex Base Project before permit approval. The County will notify the City once the County has made a SEPA decision not later than the commencement of the public comment period by email at planning@tukwilawa.gov. The City agrees to provide the County with any and all of its comments, issues and concerns regarding the County's SEPA decision in a timely fashion not later than the comment period as established by King County. 10 10. INDEMNIFICATION. To the extent permitted by law, and for the limited purposes set forth in this Agreement, each Party shall protect, defend, indemnify, and hold harmless the other Party, its officers, elected officials, employees, and agents, while acting within the scope of their employment as such, from any and all costs, claims, judgments, or awards of damages arising out of or in any way resulting from each Party's own negligent acts or omissions under this Agreement. Neither Party shall be required to defend, indemnify or hold harmless the other Party if the claim, judgment, suit, actions or any award is caused by the sole negligence of the other Party. Each Party agrees that its obligations under this section extend to any and all claims, demands, or causes of action, brought by, or on behalf of, any of its employees or agents. For this purpose, each Party, by mutual negotiation, hereby waives, with respect to the other Party only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW. In the event that either Party incurs any judgment, award, or cost arising therefrom, including attorneys' fees, to enforce the provisions of this paragraph, all such fees, expenses, and costs shall be recoverable from the other Party to the extent of that Party's culpability. The provisions of this section shall survive any termination of this Agreement. 11. INSURANCE. The City is a member of the Washington Cities Insurance Authority ("WCIA") risk pool. Upon request, the City will provide an evidence of coverage letter. The County is self-insured as authorized by state law. Upon request, the County will provide a letter evidencing its self-insured status. The City shall require the Contractor and any Subcontractor(s) to maintain insurance as required by the City in its standard contracts, including but not limited to: a. Commercial General Liability. $2,000,000 per occurrence and $2,000,000 general aggregate and $2,000,000 products -completed operations aggregate limit. Coverage shall be at least as broad as that afforded under ISO form number CG 00 01 current edition, or its substantive equivalent. Such insurance shall include coverage for, but not limited to premises liability, operations, independent contractors, products -completed operations, stop gap liability, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide a per project general aggregate limit using ISO form CG 25 03 05 09 or an equivalent endorsement. There shall be no exclusion for liability arising from explosion, collapse or underground property damage. The City shall be named as an additional insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed on behalf of the City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured - Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing at least as broad coverage. b. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 11 c. Where applicable, Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident on all owned, non -owned, hired and leased vehicles, and written on ISO form CA 00 01 or substitute form providing equivalent liability coverage. 12. NO THIRD -PARTY BENEFICIARIES. This Agreement does not confer on any third party any rights or benefits or form the basis for any liability on the part of either the County or the City, or their officers, elected officials, agents and employees, to any third party. Nor does it reduce, create, supplant, preempt or supersede the legal authority or role of the County, the City, or any other municipality, agency, entity, or person. 13. DISPUTE RESOLUTION. The Parties agree to negotiate in good faith to resolve any disputes arising under this Agreement so that the purposes of this Agreement are not frustrated, and before seeking to resolve disputes in a court of law or any other forum. Neither Party may seek relief in a court of law until and unless the dispute resolution process set forth in this Section 13 has been completed in good faith. a. The Parties shall designate representatives for purposes of managing this Agreement and the dispute resolution process under this Section 13. The Parties' Designated Representatives shall be the persons identified in Section 13.a. to receive notice for the County and for the City respectively, or such other persons as they may designate in writing from time to time by giving notice. The Parties' Designated Representatives shall communicate regularly to discuss the status of the tasks and services to be performed and to prevent disputes from arising. The following individuals are the Designated Representatives for the purpose of resolving disputes that arise under this Agreement: CITY: Rachelle Sagan Tukwila Permit Supervisor 6300 Southcenter Bl. Suite 100 Tukwila, WA 98188 Email: Rachel] e. Sagan(? TukwilaWA.gov COUNTY: Hannah McIntosh Manager, Capital Planning and Portfolio Management Capital Division , King County Metro Transit Department 201 S Jackson St, Mailstop KSC-TR-0412 Seattle, WA 98104 Email HMcIntosh@kingcounty.gov 12 b. If a dispute arises, then: i. Step One: The Parties' Designated Representatives shall confer and attempt to resolve the dispute within ten (10) business days of written notification by either Party. ii. Step Two: If the Parties' Designated Representatives are unable to resolve the dispute within ten (10) business days, either Party may refer the dispute to the City's insert City title and the County's insert Metro title or their designees. The City's title and the County's title shall confer and attempt to resolve the dispute within ten (10) business days of receiving the referral. The conference may be in person or by other means, such as telephone conference, videoconference, etc. c. If the Parties cannot resolve the dispute utilizing the process in Section 13.b, the Parties may, by agreement, submit the matter to non-binding mediation. The Parties shall split the mediator's fees, costs and expenses on an equal basis. Each Party shall pay its own costs to prepare for the mediation, including any attorney fees or costs. If additional parties participate in the mediation, then each participant shall pay an equal share of mediator's fees, costs and expenses, such share to be calculated by dividing the mediator's total charges by the number of parties participating. Mediation shall not be a prerequisite to litigation. d. During the course of conflict or dispute resolution efforts, the Parties agree to continue to diligently perform their respective responsibilities under this Agreement. 14. WAIVER. The waiver by either Party of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent failure or breach of either the same or a different provision of this Agreement. 15. ASSIGNMENT. Except as set forth expressly herein, this Agreement shall not be assigned in whole or in part. 16. SEVERABILITY. Should any part of this Agreement be declared to be unconstitutional, invalid, or beyond the authority of either Parry to enter into or carry out, such decision shall not affect the validity of the remainder of this Agreement, which shall continue in full force and effect, provided that the remainder of this Agreement, absent the unexcised portion, can be reasonably interpreted to give effect to the intentions of the Parties. 17. LAW AND VENUE. This Agreement shall be governed by the laws of the State of Washington. Both Parties hereby agree and consent to the exclusive jurisdiction of the courts of the State of Washington and that the venue of any action brought hereunder shall be King County Washington. 18. ENTIRE AGREEMENT. This Agreement constitutes the entire understanding and agreement of the parties. This Agreement integrates all of the terms and conditions mentioned herein or incidental hereto and supersedes all negotiations or previous 13 agreements between the Parties with respect to all or any part of the subject matter hereof. 19. NO PARTNERSHIP CREATED. This Agreement shall not be interpreted or construed to create an association, joint venture or partnership between King County and the City of Tukwila or to impose any partnership obligation or liability upon either party. Further, no Party shall have any undertaking for or on behalf of, or to act as or be an agent or representative of, or to otherwise bind the other Party. 20. FORCE MAJEURE. Whenever a Party shall be required to perform under this Agreement but shall be unable due to a Force Majeure Event, that party shall be excused from performance for so long as such Force Majeure Event shall continue unabated and provided no alternative means for such performance shall be available. Notwithstanding the proceeding sentence, upon thirty (30) days of a given Force Majeure Event with no alternative means in process, this Agreement shall proceed to Dispute Resolution under Section 13. "Force Maj eure Event" shall include, but not be limited to, (i) pandemic, epidemic or other unforeseeable widespread health emergency; (ii) enemy or hostile government action, declaration of war, civil commotion, insurrection, revolution, terrorism or sabotage; (iii) ) strikes, lockouts or labor disputes; (iv) acts of God; (v) a taking of the whole or a portion of the Subject Property by condemnation or eminent domain; (vi) any undue material delay in the issuance of approvals by any department or agency of the State of Washington or the United States that is not caused by any act or omission of either Party; or (vii) any other condition similar to the foregoing which are beyond either Party's control. 21. AUTHORITY TO SIGN; SIGNATURES. Each of the persons signing below on behalf of any party hereby represents and warrants that they are signing with full and complete authority to bind the party on whose behalf of whom they are signing, to each and every term of this Agreement. This Agreement may be executed in Counterparts. This Agreement may be executed by DocuSign or similar secure electronic means of verifying the date and authenticity of the signatory. No further text. Signatures appear on following page. 14 Interagency Agreement for the Provision of Limited Permit Review Services between King County and the City of Tukwila executed on the dates set forth below. KING COUNTY By: Name: Michelle Allison Title: General Manager, Metro Transit Department Date: APPROVED AS TO FORM: By. Ryan W. Ridings King County Deputy Prosecuting Attorney 15 City of Tukwila B,7 5DocuSigned by: L 1F89FE09132B402 .. Name: Allan Ekberg Title: Tukwila Mayor 12/11/2023 1 8:55 PM PST Date: APPROVED AS TO FORM: D—Stg-d by: Q/,1. �. n , By� SEA99E&hi65E Kari Sand Tukwila City Attorney EXHIBIT Z PERMIT FEE DISBURSAL TO CONTRACTOR AND CITY The County may update this Exhibit. Each updated Exhibit shall replace/ supersede the prior Exhibit, without a formal Agreement supplement. County Project: IBE Interim Base Electrification Tenant Improvement IBE Estimated Tukwila Permit County City: Land Use 187 plan sheets Valuation Permit Fee Contractor Review, Review of Set Estimated Contractor's Portion of Recommendations, Permit Fees Paid and Inspector to County Estimated Portion Contractor of Permit Fees Paid to City Development $45,150 $19,037.86 to City Permit Gantry for PSRFA Fire; Structures 9,500,000 $121,851.34 13,265 sf Construction Type: I I B, Occupancy: U $50,904.57 (utility) To City from which Architectural, $19,037.86 is paid Structural to City for PSRFA 52 plan sheets Fire On -Site Civil Work Civil 58 plan sheets plus Technical Info Report Electrical $11,000,000 $80,246.45 $46,296.03 77 plan sheets $33,950.42 $$300 Public Works $12,000 $928.30 Right of Way Civil 3 plan sheets $$628.30 $85,483.29to City Subtotal $203,026.09 $ Plan Review from which $117,544 to $19,037.86 is paid Contractor to City for PSRFA Fire 16 County Project: SAB South Annex Base New/Addition SAB County Pays up to $117,542.80 County $85,483.29 485 plan sheets $117,542.80 plan Contractor Contractor Review, Review of 170 plan sheets review fee used by +$85,483.29 Estimated Portion Contractor's Contractor to City= of Permit Fees Recommendations, Contractor and $203,026.09 Paid to County and Inspector $85,483.29 to City total Contractor Estimated Portion of Permit Fees Paid County Project: SAB South Annex Base New/Addition SAB Estimated Tukwila 2023 County City: Land Use 485 plan sheets Valuation Permit Fee Contractor Review, Review of 170 plan sheets Permit Set TBD Estimated Portion Contractor's of Permit Fees Recommendations, Paid to County and Inspector Contractor Estimated Portion of Permit Fees Paid to City Demolition TBD TBD TBD 30 plan sheets TBD PSRFA 11." FlFloor/level 8,924 sq fit, 1B (26217652+101.0) TBD to City TBD to City 2.,d Flooir/l&-"'v6,'.sl TBD (63217838 8703 F1.20) SAB Main Building Sq. ft. area, Tukwila 2024 County City: Land Use Type IIB Construction Occupancy Type Permit Fee Contractor Review, Review of 170 plan sheets TBD Estimated Portion Contractor's of Permit Fees Recommendations, Paid to County and Inspector Contractor Estimated Portion of Permit Fees Paid to City 1."' i=1ooir/Ilcvel 60,81.0 s(I ft S-1. $TBD to City for (485531.8048..14109) TBD PSRFA 11." FlFloor/level 8,924 sq fit, 1B (26217652+101.0) TBD to City 2.,d Flooir/l&-"'v6,'.sl 1.7,292 sq'ft, S-1 (63217838 8703 F1.20) $ grid i=looir'/Ili.>v l 6,691.s(I ft, iB (21.06+214612439) 2nd IFII oIY-/Revel 3,017 sq ft, A3 3`' IC=1looir/Ilev6l 6,657 sq ft, B (531+4755+1371.) 17 " 1i=1looir/Ilev6l 2,378 sq ft, A3 Tukwila Permit County City: Land Use Valuation Fee Contractor Review, Review of SAB Wash I UIII(1I41 & Permit Set TBD TBD Estimated Portion Contractor's Seirv/Ice i�:k Alffllrn of Permit Fees Recommendations, 45 plan sheets Paid to County and, Inspector I" IFIlooir°/Ilevel 16,939 sq ft, -1 $ TBD Contractor $TBD to City for TBD PSRFA TBD to City SAB Estimated Tukwila Permit County City: Land Use Valuation Fee Contractor Review, Review of Permit Set TBD TBD Estimated Portion Contractor's of Permit Fees Recommendations, Paid to County and, Inspector Contractor Estimated Portion of Permit Fees Paid to City Development Gantry $ $ TBD to City for PSRFA Structures TBD; 25 plan sheets TBD to City Electrical $ $ TBD 50 plan sheets TBD Public Works $ TBD 150 plan sheets TBD Land Use Special Permission Off-site parking + Technology fee 5% $743 $TBD N/A $TBD $37.15= $780.15 update once 2024 permit fee schedule is provided Subtotal TBD TBD To City for PSRFA TBD Note: Permit fee calculations for Mechanical, Plumbing, Fire Sprinklers, Fire Alarms are to be determined and added to this Exhibit at a future date. 18 19 2024 Permit impact fees for new buildings paid by County TBD 2024 fee TBD Fire Impact Fee (per 1,000 GFA of building) Industrial 103,382 sf + 13,895 sf maintenance portion= 117,277 sf/1,000 = 117 $ Office 48,683 sf admin portion 48 x $ $ Parks Impact Fee (per 1,000 sq. ft. GFA of building) Industrial 103,382 sf + 13,895 sf = 117,277 sf maintenance portion) 117 $ Office (48,683 sq. ft. administration portion) 48 x $ $ Parks Impact Fee Total (139,851) Traffic Concurrency Fee Industrial (103,382 sq. ft. + 13,895 sq. ft. = 117,277 sq. ft.) $ Office (48,683 sq. ft. administration portion) $ 100 PM peak bus trips x $/ trip $ Total Permit Impact fees $268,484 19 EXHIBIT Y Form of Administrative Amendment [number] ADMINISTRATIVE AMENDMENT TO INTERAGENCY AGREEMENT FOR THE PROVISION OF LIMITED PERMIT REVIEW SERVICES This [number] Administrative Amendment to Interagency Agreement for the Provision of Limited Permit Review Services (this "Administrative Amendment") is made and entered into by and between King County, a home rule charter county and political subdivision of the State of Washington, by and through the King County Metro Capital Division ("Metro" or the "County" or "King County") and the City of Tukwila, a Washington municipal corporation ("Tukwila" or the "City"). The City and the County are each generically referred to herein as a "Party" and collectively as the "Parties". RECITALS A. The City and County are parties to that certain Interagency Agreement for the Provision of Limited Permit Review Services dated [ ], 2023 (the "Agreement"). The Agreement contemplates King County's development of two electrical charging projects for all -electric battery buses to be located at (i) 12400 E Marginal Way S, Tukwila, WA (the "Interim Base", and said electrification project thereon the "Interim Base Project") and (ii) at 11911 E Marginal Way S, Tukwila, WA (the "South Annex Base" and said electrification project therein the "South Annex Base Project", and together with the Interim Base Project, the "Electrification Projects"); B. Owing to certain practical and time considerations, certain provisions of the Agreement were not able to be finalized prior to the date of its execution or were expected to require update and amendment to set forth anticipated but unfinalized changes; C. The Agreement expressly contemplated entering into one or more administrative amendments in order to memorialize certain limited agreed upon terms between the Parties; and D. The City and County desire to amend the Agreement as set forth in this Administrative Amendment. NOW, THEREFORE, it is agreed as follows. Administrative Amendment Terms a. Updated Value of Work pursuant to Section 6.a of the Agreement. b. Memorialization of Updated Permit Fees pursuant to Section 6.c of the Agreement. c. Amendment to City's Standard Fee Structure pursuant to Section 6.d of the Agreement. 20 d. Other ministerial amendments resulting in changes not exceeding $1,000,000.00. e. Updates to Exhibit Z. 2. Counterparts. This Amendment may be executed and delivered in counterparts; electronic delivery, including by PDF and DocuSign, is sufficient. 3. Status of Agreement. Except as expressly amended hereby, the Agreement remains in full force and effect and is hereby ratified and confirmed. IN WITNESS WHEREOF, this Amendment has been executed as of the date first above written. KING COUNTY By: _ Name: Title: Metro Transit Department Date: APPROVED AS TO FORM: By: Ryan W. Ridings King County Deputy Prosecuting Attorney 21 City of Tukwila By: Name: Title: Mayor Date: APPROVED AS TO FORM: By: Kari Sand Tukwila City Attorney EXHIBIT X FLOW CHART OF EXPEDITED REVIEW COUNTY Provides City the County's se I LcrEd Contractor, Contrac- tor's qua I ifications a nd Count Vti 01.s eva I uaon rriteri a to 111y All County hires Contractor I County, City and Contractor meet to discuss permit reiieve I Optional COUNTY Submits 60% oesigr/Permit Packet: Application, Plans, Reports to Contractor and City Within 20 business days of receipt of 50% desigr�, the Contractor Reviews and Re- quests Changes and County if agreed, Makes Changes COUNTY Submits 9M'./ Final Permit Plans Packet: Application, Plans, Reports to Contractor and City a Within 20 business days of receipt of complete application, the Contractor Reviews and ApprovEs or Requests Changes and County if agreed, Makes Changes a Within, 10 business days of receipt of Contractor's Approval, the City -a ZL DDEsn't Approve and Notifies County of Proposed Approves and Issues Permit Required Changes Within 110 business days of receipt of City's Notificatior, County AgreEs and Makes Changes County Doesn't Agree voith, Changes and Counter Proposes City Issues Permit ynh- 10 business days of receipt cf County Changes or Counter Proposal Agreement Reached,Meetings held at the next twowweEkly No Agreement Reached, City Issues Permit to bi-weekly status meetings to ding- No Permit Issued, nose vjith plan forward, Agreement Follow Dispute Resolution and Rearlhed, City Issues Permit provide veritten notification of dispute Step 1: Within 10 butiniLs., days of receipt of written notification , County and City Designated Representakives shall confer and attempt to resolve ,Jul CL Agreement Reached, City No Agreement Reached Issues Permit [a Step 2: Within 10 business days of Step I's non -resolution, County and City shall confer and attempt to resolve Agreement Reached, City Issues Permit Submit matter to non-binding mediation Litigation a -a Agreement Reached, City Issues Permit No Agreement Reached, Litigation, Construction nrcurs Inspections saccus Firial Inspections Alp proved 22 EXHIBIT X TIMELINE OF EXPEDITED REVIEW (updates in process) EXHIBIT X TIMELINE OF EXPEDITED REVIEW MB Ir terim Bas? E I(cl:ri icatlm Work Order #1 IBE Permit Review Task Duration Stairt Finish Consultant Starts their Work on the Work Order #1 and starts Reviewing the Pert -nit Package Review Comments/Corrections due 20 days Mon 12/4/23 Fri 1/5/24 by 1.5.24 Consultant, City and County Review meeting 1 day Wed 12/20/23 Wed 12/20/23 Changes/Corrections made to Permit Set 10 days Marti 1/8/24 Fri 1/19/24 Consultant Reviews Corrections, City approva[ and issuance 16 days Men 1/22/24 Fri 2/2/24 Dispute Resolution It needed 20 days Mon 2/5/24 Fri 3/1/24 Permit Issued 1 day Mon 3/4/24 Mon 3/4/24 „ . Permit . Oty • .' Contractor Review ' City uslyR _ County, Coad Cent to, meet to die— permit status meeting then m—to Uspute RoSD[Uti- Pro— or Work Order #1 IBE Permit Review Task Duration Stairt Finish Consultant Starts their Work on the Work Order #1 and starts Reviewing the Pert -nit Package Review Comments/Corrections due 20 days Mon 12/4/23 Fri 1/5/24 by 1.5.24 Consultant, City and County Review meeting 1 day Wed 12/20/23 Wed 12/20/23 Changes/Corrections made to Permit Set 10 days Marti 1/8/24 Fri 1/19/24 Consultant Reviews Corrections, City approva[ and issuance 16 days Men 1/22/24 Fri 2/2/24 Dispute Resolution It needed 20 days Mon 2/5/24 Fri 3/1/24 Permit Issued 1 day Mon 3/4/24 Mon 3/4/24 23 Work Order #2 IBE Revisions to Issued Approved Permit Review Task Duration Stairt Finish Consultant Starts their Work on the Work Order #2 and starts Mont Fri Reviewing the Revisions to Issued Permit / Deferred Items 20 days V4f24 V9W24 Wed Wed Consultant, City and County Review meeting 1 day 3/20/24 3/20/24 Mon Fri Changes/Corrections 10 days 41,124 4%12°2.4 Pion Fri Consultant Reviews Corrections, City approval and issuance 10 days 4/15/24 4/26/24 Dispute Resolution it needed Permit Issued 'AB South Annex Ease draft Mon Fri 20 days Nov Nov 4/29,124 5/24/'24 Mon Mon 1 day r r--.— r-.., — r-,—, a-.... Work Order #3 SAB Derno Permit Review Task Duration Stant Finish Consultant Starts their Work on the Work Order #3 and starts Reviewing the Demo Permit Package Review 20 days Wed 1/3/24 Tue 1/30/24 Comments/Corrections due by Consultant, City and County Review meeting Changes/Correct inns made to Permit Set Consultant Reviews Corrections, City approval and issuance Dispute Resolution if needed Permit Issued 24 1 day Wed 1/17/24 Wed 1/17/24 10 days Mon 1/31/24 Fri 2/13/24 10 days Wed 2/14/24 Tue 2/27/24 2.0 days Mon 2/2.8/24 Fri 3/26/24 1 day Wed 3/27/24 Wed 3/27/24 June- Sept- Nov Nov Nov Nov Dee Dec Dee Dec Jam Jan Jam Jan Feb Feb Feh Feb Manh March March March April- July- Oct Demolition Permit Aug Qt 2023 2023 2023 2023 2023 2023 2023 2023 2024 2024 2024 2024 2024 2024 2024 2024 2024 2024 2024 2D24 June Sept 2024 2023 2D23 2024 2024 CountyPmvides the County's selected Conxrator Inf, and County"a seJe tion Criteria to the City Agreement executed County Issues Demo Permit Review Work Order NTP County Provides Demo Permit Plans to Contmtor & City. Contrador Review, City C—tempor -ly Reviews, Contractor Approves or Request, Changes within 20 bush—, days V CountyAgrees with Requested changes, County's Design Team Makes Changes within 10 h-imess days Aft -- pt of corredioms, CityApproves & Issues permit within 10 business daysor City Doesn't Approve and issues cannot be diagnosed with a plan forward over the mexttwo weekly to hi-weeklystatusme.tmg than movesto Dispute Resolutiam Process ' Dispute Resolution 10t. 10 business days Agreement Reached, City Issues Demo Permit Construction Bid Procurement Dmnolition Starts Work Order #3 SAB Derno Permit Review Task Duration Stant Finish Consultant Starts their Work on the Work Order #3 and starts Reviewing the Demo Permit Package Review 20 days Wed 1/3/24 Tue 1/30/24 Comments/Corrections due by Consultant, City and County Review meeting Changes/Correct inns made to Permit Set Consultant Reviews Corrections, City approval and issuance Dispute Resolution if needed Permit Issued 24 1 day Wed 1/17/24 Wed 1/17/24 10 days Mon 1/31/24 Fri 2/13/24 10 days Wed 2/14/24 Tue 2/27/24 2.0 days Mon 2/2.8/24 Fri 3/26/24 1 day Wed 3/27/24 Wed 3/27/24 The County may update this Exhibit. Each updated Exhibit shall replace/ supersede the prior Exhibit, without a formal Agreement supplement. 25 2023 2024 2025 2026. 11 12 1 2 3 4 5 6 7 6 9 10 11 12 1 2 3 4 5 6 7 8 9 117 11 12 1-3 ® Phase 3 {2nd Phase of DesiRn Contract) baht permit pP ns f demo 4-6 7-9 10-12 1-3 4-6 /_9 10-12 30% design ,, submit permit plansfor stream 0 SERA . Tzam Permit approval/Issuance Tsam ,,, Scm 3P�E4¢I4gY Stream & see6lnzf . PelrmiT approvall/r ss�ua nca Team 0 HPA WOFW. 0, Permitapproval/Issuance Culvert submi¢ Tzzm a WSDOT General Peanut submit Legend Demo TeamPr+rcui-eime+>x; T.ukwvrrm demk- ern}ttTP2©%1i�1//%0/////O%�� �O/lJ'%%%l//r/ill//j AH1 Rev ew submtt 1 a umV,y(igy(µ(p� C4L46 k�Pp2*'i,6fiW(1(G%D��gno RU�a71t+ Deviations/ j%,,Pkuwirs;,'2r/��y��3`akwrb0d isinn. Adjustments V(CSWMdra'mage W t drfivevrrry width&separa?iom WiDIFW WSDOT Special Permission arum'' T"wkw;rarxed��sinn/res�anee_ Off-zute pamking Campus Ercrdloyee Parkng Plan Crityvf Tukvrall sa bmdtp tplansf d iopm t( ding stream dayfig hting AHl appr©vai) Site Dev Tea submP[p mtplansfor public and prvotpernht fit Wila0'1yto„rrit ” ` Prxure rcen f yvertic ,o Stream & Culvert Permit approval/Issuance C,mtnaatl,,start Conso-ucd-Start Other activity Streamn daylignnng Right of Ways a d &IP work Teamm Construction TESL, CSWPPP for all. Construction package Oh... P p ratio, NPriE$SA!tiiP fikv6rAP tit & publ cfPr:Nvate right of way Perit PreP Discharge dewatering'wat., and t.,.—t.r to surface w"t ns", l,, •,,�.N ,i��•o ,�... submit contract ordesgnconsuliantprwidesdesgn addp,rmttapplic— Procurernery¢... afflI�f/%!%lG%///% Draft Timeline 11.09.23 The County may update this Exhibit. Each updated Exhibit shall replace/ supersede the prior Exhibit, without a formal Agreement supplement. 25 EXHIBIT X-1 Form of Application Task Timeline Ta ^s N a rii ii e E', U 11, a t�u (" n StArt", Permit Set Permit P a ckage S,u b rn itte d to City of TukwH@ City.R o ute s to P S FA Metro iissuaes, INTP for Work Order#1 Consultant Review Consultant, City and County Review meeting Changes, to Permit Set City approval and issuance Dispute Res,alution if needed Permit issued 26 5 days, 5, days, 5 days, 20 days I day 10 days t6( days. 2,01 days I day Tine 1112�23 Mon 11127/23 Tue 11121/23 Fri IZ1/23 Mon 12/11/23 Wed 12/21023 Mon 118/24 Mon 1/22/24 Man 215/24 Mon 3/4/24 Mon 11127/23 Fri 12/8/23 Fri 1/5124 Wed 12/20/23 Fri t, 19/24 Fri 2/2/24 Fri 3/1/24 Mon 3/4�24