HomeMy WebLinkAbout2009 - Development and Transit Way Agreement - Sound Transit Central Link Light Rail - 20090715000065 pal -o�co
RECORDING REQUESTED BY AND
RETURN ADDRESS:
Central Puget Sound Regional Transit Authority
Attu: Real Estate Division CONFORMED COPY
401 S. Jackson Street
Seattle, WA 98104 -2826
200 90715000065
SOUND TRANSIT AG 84 00
07%15/ 59
KING COUNTY, WA
DEVELOPMENT AND TRANSIT WAY AGREEMENT
FOR
SOUND TRANSIT CENTRAL
LINK LIGHT RAIL TUKWILA
FREEWAY ROUTE PROJECT
GRANTOR. CITY OF TUKWILA
GRANTEE. CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY
(SOUND TRANSIT)
DOCUMENT REFERENCE NUMBER {S):
ABBREVIATED LEGAL DESCRIPTION
ASSESSOR'S TAX PARCEL NO
ST Reference: Tukwila Light Rail Alignment
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DEVELOPMENT AND TRANSIT WAY AGREEMENT
for
SOUND TRANSIT CENTRAL
LINK LIGHT RAIL TUKWILA
FREEWAY ROUTE PROJECT
between
CITY OF TUKWILA, WASHINGTON
and
SOUND TRANSIT
Date: December, 8, 2004
OR INN.
ENT'0 0 E 0 2 7 2004
TABLE OF CONTENTS
RECITALS.................................................................................................. ..............................1
1.0 DEFINITIONS ..............................3
2.0 COOPERATION AND GOOD FAITH EFFORTS ..............................5
3.0 TFR PROJECT LOCATION AND ELEMENTS ..............................6
4.0 TFR PROJECT APPROVALS ..............................6
5.0 SEPA COMPLIANCE ..............................8
6.0 VESTING; DEVELOPMENT STANDARDS; BUILDOUT PERIOD .............................9
7.0 ESSENTIAL PUBLIC FACILITY REQUIREMENTS ..............................9
8.0 MITIGATION .............................10
9.0 MINOR REVISIONS TO TFR PROJECT APPROVALS .............................11
10.0 RIGHT -OF- WAY .............................12
11.0 CONSTRUCTION .............................14
12.0 PERMITS .............................17
13.0 ENTRY NOTICE .............................18
14.0 OPERATION, MAINTENANCE, AND REPAIR
IN STREETS AND RIGHTS OF WAY .............................18
15.0 FACILITY LOCATION SIGNS 19
16.0 LIABILITY, INDEMNIFICATION .............................19
17.0 INSURANCE .............................20
18.0 LIENS .............................21
19.0 TERM; TERMINATION 21
20.0 REMEDIES; ENFORCEMENT .............................22
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21.0 COVENANTS AND WARRANTIES .............................22
22.0 RECORDINGS, TAXES AND OTHER CHARGES .............................23
23.0 ASSIGNABILITY; BENEFICIARY .............................24
24.0 DESIGNATED REPRESENTATIVES .............................25
25.0 NOTICE .............................26
26.0 DISPUTE RESOLUTION .............................26
27.0 DEFAULT .............................28
28.0 GENERAL PROVISIONS .............................29
29.0 SEVERABILITY .............................30
EXHIBIT A GENERAL DESCRIPTION OF LIGHT RAIL TRANSIT WAY A -1
EXHIBIT B TFR PROJECT STREET VACATIONS ............................B -1
EXHIBIT C LEGAL DESCRIPTION FOR TFR PROJECT ............................0 -1
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This Development and Transit Way Agreement "Agreement is entered into by and
between the CITY OF TUKWILA, a Washington municipal corporation "City"), and the
CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY "Sound Transit
a regional transit authority. For and in consideration of the mutual covenants contained
herein, the City and Sound Transit do hereby agree as follows regarding the Sound
Transit Central Link Light Rail Tukwila Freeway Route.
RECITALS
A. The City is a non charter optional municipal code city incorporated under the
laws of the State of Washington, with authority to enact laws and enter into
development and right of way agreements to promote the health, safety and
welfare of its citizens.
B. Sound Transit is a regional transit authority created pursuant to chapters 81.104
and 81.112 RCW with all powers necessary to implement a high capacity transit
system within its boundaries in King, Pierce, and Snohomish Counties, including
the right to construct and maintain facilities in public rights of way without a
franchise (RCW 81.112. 100 and RCW 35.58.030).
C. On November 5, 1996, central Puget Sound area voters approved local funding
for Sound Move, the ten -year regional transit system plan. Sound Move includes
three new types of regional transportation light rail, commuter rail, and a
regional express bus/HOV system which will be integrated with local transit
systems and use a single or integrated, regional fare structure.
D. One component of Sound Move is the Central Link Light Rail System "Central
Link an electric light rail project connecting some of the state's largest
employment and education centers, highest density residential areas, and highest
regional transit ridership areas.
E. One segment of Central Link is the Tukwila Freeway Route Project "TFR
Project located within the City and described in this Agreement.
F. The City owns and operates city streets and other infrastructure improvements
within the City boundaries where Sound Transit proposes to locate certain
transit improvements and light rail.
G. The Growth Management Act (RCW 36.70A) requires the City to plan for and
encourage regional high capacity transportation facilities such as Central Link
(RCW 36.70A.020) and to accommodate within the City such essential public
facilities (RCW 36.70A.200). Likewise, the Growth Management Act grants
authority to the City to impose reasonable permitting and mitigation conditions
on the TFR Proj ect.
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H. Sound Transit is proceeding to design and build the TFR Project, and has
applied for and will seek various land use and right -of -way permits for
construction and operation of the system within the City. In recognition of the
multiple development permits and separate review processes, and the continuing
potential for conflict, overlap and duplication between such processes, the City
and Sound Transit desire to consolidate permit and environmental review
processes for the benefit of both parties and the public pursuant to the
development agreement authority provided in RCW 36.70B.170 -.210.
I. The U.S. Department of Transportation Federal Transit Administration "FTA
and Sound Transit completed an Environmental Impact Statement for the entire
Central Link Light Rail Project in November 1999. On November 18, 1999, the
Sound Transit Board of Directors approved the alignment for construction of the
Central Link Light Rail System from 200 Street south of the Sea -Tac Airport to
Northgate in Seattle. ST Board Resolution R99 -34. The City proposed an
alternative route through the City and Sound Transit committed to study the
alternative alignment requested by the City and prepare a Supplemental EIS. ST
Board Motion M99 -85. The Tukwila Freeway Route Draft Supplemental EIS was
issued on October 20, 2000, and on February 8, 2001 the Sound Transit Board
identified the Tukwila Freeway Route "TFR as the preferred alternative for the
purpose of completing the Supplemental EIS. ST Board Motion M2001 -02. On
September 27, 2001, the Sound Transit Board identified the preferred Initial
Segment extending from South 154 to Westlake, subject to completion of
environmental review. ST Board Motion M2001 -103. The Final Supplemental
EIS was issued November 16, 2001 "Tukwila SEIS and Sound Transit also
issued a SEPA Addendum for the Initial Segment on November 16, 2001. On
November 29, 2001, the Sound Transit Board adopted the Initial Segment,
including the TFR. ST Board Resolution R2001 -16. An Environmental
Assessment for the Initial Segment was issued on February 5, 2002. The FTA
issued an Amended Record of Decision "ROD on May 8, 2002. The ROD
states the FTA's decision, identifies the alternatives considered by the FTA in
making its decision, and concludes that the federal environmental process is
complete for the Central Link Light Rail Transit and TFR Project.
J. As reflected in this Agreement, the City and Sound Transit intend to agree on a
grant of a non exclusive use of a Light Rail Transit Way for the TFR Project in
the City.
K. Sound Transit has adopted real property acquisition and relocation procedures
and guidelines that comply with the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 (PL 91 -646, 84 Stat. 1894), as
amended by the Uniform Relocation Act Amendments of 1987 (PL 100 -17, 101
Stat. 246 -256) and as implemented by the United States Department of
Transportation (49 CFR 24), all of which establish a uniform policy for the
expedient and consistent treatment of owners subjected to land acquisition
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practices and provide for the fair and equitable treatment of persons displaced as
a result of public works programs or projects of a local public body (hereinafter
the "Federal Regulations
L. Pursuant to RCW 36.70B.200, the City held a properly noticed public hearing
regarding the TFR Project and this Agreement.
NOW THEREFORE, in consideration of mutual promises and covenants herein
contained related to the approval of various development permits and a grant of a non-
exclusive use of a City right -of -way by the City to Sound Transit to construct, operate,
and maintain the TFR Project, the Parties hereto agree to the terms and conditions as
follows:
1.0 DEFINITIONS
For purposes of this Agreement, the following terms, phrases, words, and their
derivations shall have the meaning given herein where capitalized; words not defined
herein shall have their ordinary and common meaning. When not inconsistent with the
context, words used in the present tense include the future, words in the plural number
include the singular number, words in the singular number include the plural number,
and the use of any gender shall be applicable to all genders whenever the sense
requires. The words "shall" and "will" are mandatory and the word "may" is
permissive. A reference to the City's Charter refers to the same as amended from time
to time. References to governmental entities (whether persons or entities) refer to those
entities or their successors in authority. If specific provisions of law referred to herein
are renumbered, then the reference shall be read to refer to the renumbered provision.
References to laws, ordinances or regulations shall be interpreted broadly to cover
government actions, however nominated, and include laws, ordinances and regulations
now in force or hereinafter enacted or amended.
1.1 Agreement. "Agreement" means this Development and Transit Way
Agreement approved by appropriate action of the City and of Sound Transit.
1.2 Citv. "City" means the City of Tukwila and any successor or assignee
following an assignment that is permitted under this Agreement.
1.3 Emergency. "Emergency" means, except as otherwise provided, a sudden,
unexpected occurrence or set of circumstances demanding immediate action.
1.4 Final Construction Plans. "Final Construction Plans" means prints showing in
detail the proposed construction and specifications of the Light Rail Transit
System, including alignment drawings showing the exact limits of the Light
Rail Transit Way, and further described in the Station Building Permit and
Trackway Construction Permit approved by the City.
1.5 Final Right -of -Wav Plans. "Final Right -of -Way Plans" means prints showing
the proposed limits of the Light Rail Transit Way mathematically tied to
existing City monumentation.
1.6 Liabilitv. "Liability" means all loss, damage, cost, expense (including costs of
investigation and attorneys' fees and expenses at arbitration, trial or appeal and
without institution of arbitration or suit), liability, claims and demands of
whatever kind or nature (including those arising under the Federal Employers
Liability Act), arising out of an occurrence relating to this Agreement or
occurring on or relating to the Light Rail Transit System described herein.
1.7 Light Rail Transit Facility. "Light Rail Transit Facility" means a structure, rail
track, equipment, maintenance base or other improvement of a Light Rail
Transit System, including but not limited to ventilation structures, traction
power substations, Light Rail Transit Stations and related passenger amenities,
bus layover and inter -modal passenger transfer facilities, park- and -ride lots, and
transit station access facilities.
1.8 Light Rail Transit Svstem. "Light Rail Transit System" means a public rail
transit line that operates at grade level or above grade level, and that provides
high- capacity, regional transit service owned or operated by a regional transit
authority authorized under chapter 81.112 RCW. A Light Rail Transit System
may be designed to share a street right -of -way although it may also use a
separate right -of -way.
1.9 Light Rail Transit Way. "Light Rail Transit Way" means the areas of the
Public Right -of -Way occupied by Sound Transit for its Light Rail Transit
System after construction pursuant to this Agreement, as shown on the record
drawings of the Final Right -of -Way Plans approved by the City's Director of
Public Works and on file with the City as part of the Unclassified Use Permit
file L03 -057.
1.10 Parties. "Parties" means the City of Tukwila and the Central Puget Sound
Regional Transit Authority.
1.11 Passenger. "Passenger" means any person who is not an employee or agent of
Sound Transit, and who is aboard any Sound Transit Light Rail Transit
System vehicle.
1.12 Proiect. "Project" or "TFR Project" means the light rail system as described
in Section 3.0 of this Agreement and approved by the City pursuant to the
approvals described in Section 4.0 of this Agreement.
1.13 Public Right -of -Way. "Public Right -of -Way" means the areas above, below,
on and over public streets and easements which, under the Tukwila Municipal
Code, the City ordinances, and applicable laws, the City has authority to grant
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rights -of -way, permits, or licenses for use thereof or has regulatory authority
therefore.
1.14 Routine Maintenance and Operation. "Routine Maintenance and Operation"
means Sound Transit's maintenance and operation of the Light Rail Transit
System that does not require (1) the excavation of soil that would alter or
disturb the Public Right -of -Way; or (ii) the use of heavy machinery within
fifty (50) feet of or upon the Public Right -of -Way.
1.15 South 154 Street Station. "South 154 Street Station" or "Station" means the
Light Rail Transit Facility located at the intersection of Tukwila International
Boulevard and Southcenter Boulevard that provides pedestrian access to Light
Rail Transit System vehicles and facilitates transfer from light rail to other
modes of transportation. The Station may include mechanical devices such as
security cameras, elevators and escalators to move passengers, and may also
include such passenger amenities as informational signage, seating, weather
protection, fountains, artwork, concessions and parking areas.
1.16 Sound Transit. "Sound Transit" means the Central Puget Sound Regional
Transit Authority, and any other entity to the extent such entity, as permitted
under this Agreement, is exercising any rights to operate the Light Rail Transit
System over any portion of the Light Rail Transit Way pursuant to a specific
written grant of such rights by Sound Transit.
1.17 Station Buildin! Permit. "Station Building Permit" means the building permit
for the South 154 Street Station approved by the City pursuant to the
International Building Code as adopted by Tukwila and as may be otherwise
addressed in this Agreement.
1.18 Third Partv. "Third Party" means any person other than the City or an
employee of the City and any person other than Sound Transit or an employee
of Sound Transit.
1.19 Trackwav Construction Permit. Trackway Construction Permit" means the
construction permit for the Light Rail Transit Facilities, except the South 154
Station, approved by the City pursuant to TMC Title 11 and this Agreement.
2.0 COOPERATION AND GOOD FAITH EFFORTS
2.1 The Parties understand and agree that the process described in this Agreement
depends upon timely and open communication and cooperation between the
Parties. In this regard, communication of issues, changes, or problems that arise
in the acquisitions, in identifying the parcels or property rights to be transferred,
or with any aspect of the work should occur as early as possible in the process,
and not wait for explicit due dates or deadlines. Each party agrees to work
cooperatively and in good faith toward resolution of any such issues.
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2.2 The Parties acknowledge that this Agreement contemplates the execution and
delivery of a number of future documents, instruments and permits, the final form
and contents of which are not presently determined. The Parties agree to provide
the necessary resources and to work in good faith to develop the final form and
contents of such documents, instruments and permits, and to execute and deliver
the same promptly.
3.0 TFR PROJECT LOCATION AND ELEMENTS
3.1 The TFR Project will include: 4.9 miles of trackway, 87% of which will be elevated,
and 70% of which will be in Washington State Department of Transportation right
of -way; a station at the southeast corner of the intersection of Southcenter Boulevard
and International Boulevard with a transit center; two park and ride lots; frontage
improvements in both Tukwila and SeaTac; five detention ponds; three traction
power substations; and street improvements and a bridge over the Duwamish River
directly west of the East Marginal Way South bridge.
3.2 The original permit submittal for the TFR Project has been modified as City staff
reviewed the applications and suggested refinements and mitigation options.
Sound Transit had proposed to use five "straddle bents," essentially two columns
with a beam across the top, to support the trackway where it crossed East
Marginal Way S., 52 Avenue S. and Southcenter Boulevard. The City has
proposed, and Sound Transit has accepted, a unified solution that allows for single
columns integrated with sidewalks, curbing, utility undergrounding, street lighting
and storm drainage. The City has also recommended and Sound Transit has
incorporated improvements to the station and park and ride design including
changes to automobile circulation, emergency access, pedestrian access,
landscaping, lighting and provision of restrooms. The new intersection on
Southcenter Boulevard between the station site and north parking lot is
undergoing final engineering and the driveway configuration may change slightly.
The TFR Project includes placing certain project facilities, such as the transit
trackway columns, in Public Right -of -Way.
4.0 TFR PROJECT APPROVALS
4.1 On October 3, 2003, Sound Transit submitted the following applications for City
Council review and approval and after providing the legally required public notice
and hearing, the City Council approved these applications on September 20, 2004,
all of which are incorporated herein by reference:
(a) Unclassified Use Permit (UUP), L03 -057, reviewed and approved
pursuant to the applicable criteria in Tukwila Municipal Code "TMC
18.66.060. The UUP is required for all portions of the TFR Project in all
zones.
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(b) Shoreline Variance L03 -058, reviewed and approved pursuant to the
provisions of the King County Shoreline Master Program (King County
Code Chapter 25.16) and the state variance criteria (WAC 173 -27 -170). A
Shoreline Variance is required for the proposed Link Light Rail Bridge
over the Green Duwamish River at approximately mile 7, specifically to
allow a height of 50 feet instead of the allowed 35 feet for the top of the
bridge structure over ordinary high water for the south half of the river.
(c) Design Review L03 -060, reviewed and approved pursuant to Design
Criteria in the Tukwila International Boulevard Design Manual. Design
Review and approval is required for the Station and associated parking
facilities.
4.2 On October 3, 2003, Sound Transit submitted a Special Permission for Parking
Determination Application L03 -059, which was reviewed and a decision issued
pursuant to the criteria in TMC 18.56.100. Application L03 -059 was
administratively approved on July 1, 2004 and establishes the parking
requirements for the TFR Project.
4.3 Pursuant to TMC 18.66.060(5), the City has determined that the TFR Project is
generally consistent with the Comprehensive Plan and development regulations,
and has approved the applications listed in Section 4.1 and 4.2. As long as the
TFR Project is developed consistent with the permit approvals and this
Agreement, the public health, interest, and welfare are adequately protected
within the bounds of the law.
4.4 On August 8, 2003, Sound Transit submitted the following application for
administrative review and approval by the City and the City determined this
application to be complete on September 5, 2003:
(a) Shoreline Substantial Development Permit, L03 -049, incorporated by
reference, to be reviewed and approved pursuant to the criteria in KCC
25.16 and RCW 90.58.020. A Shoreline Substantial Development Permit
is required for the proposed Link Light Rail Bridge over the Green
Duwamish River at approximately mile 7.
4.5 It is agreed by the Parties that subsequent to execution of this Agreement, certain
administratively issued permits will be required by the City for construction of the
entire TFR Project including construction, sign, demolition, fire alarm, sprinkler,
plumbing, electrical, tree and sensitive area special permission permits. The most
significant of these are a Station Building Permit for the South 154 Street Station
and a Trackway Construction Permit for the remaining Light Rail Transit
Facilities. The City recognizes that issuance of these administrative permits, as
well as the Shoreline Substantial Development permit described in Section 4.4,
are administrative decisions that implement discretionary decisions of the City
Council regarding the UUP L03 -057 and this Agreement. Therefore, the City
shall issue administrative permits necessary to complete the TFR Project after
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receipt of complete applications from Sound Transit and City review and approval
of such complete applications as consistent with the City Council's decisions and
any other applicable laws and regulations within the City's jurisdiction, including
but not limited to the International Building Code as adopted by Tukwila. The
City shall exercise due diligence to review and issue decisions on these
administrative permits and related submittals efficiently and in the normal course
of City operations.
5.0 SEPA COMPLIANCE
5.1 Sound Transit is the "lead agency" for purposes of compliance with the State
Environmental Policy Act, RCW Chapter 43.21C "SEPA The City agrees that
the TFR Project has been subject to full and complete procedural and substantive
SEPA review through Sound Transit's preparation and issuance of the following
environmental documents, which taken together comprise the "TFR Project
Environmental Documents," incorporated herein by reference:
(a) Central Link Light Rail Transit Project Final EIS (November 1999);
(b) Addendum to the Final EIS for the Initial Segment (November 16, 2001);
(c) Tukwila Freeway Route Final Supplemental EIS (November 2001);
(d) Initial Segment Environmental Assessment (February 2002); and
(e) Addendum to the TFR FSEIS August 2004).
5.2 The Parties agree that pursuant to WAC 197 -11 -600, the TFR Project
Environmental Documents will be used by the City, unchanged, and will be
sufficient for the City's review and decisions on permit applications related to
the TFR Project, unless (i) the applicant makes changes to the TFR Project that
are likely to have significant adverse environmental impacts not previously
analyzed or (ii) new information is discovered regarding the TFR Project that
indicates a probable significant adverse impact not previously analyzed.
5.3 The Parties agree that the mitigation measures described in this Agreement and
required by the City Council's decision on UUP L03 -057 shall constitute the full
and complete exercise of the City's substantive SEPA authority, as well as its
authority to mitigate the TFR Project under any provision of local, state or federal
law. The City has carefully considered the environmental impacts associated with
the TFR Project and the mitigation measures contained in the TFR Project
Environmental Documents. Pursuant to the authority granted in RCW
43.21C.060 and the Tukwila Municipal Code, the Parties agree that the mitigation
measures included as part of the TFR Project are necessary to mitigate specific
adverse environmental impacts and are deemed sufficient to mitigate such
impacts, are reasonable, and are capable of being accomplished.
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6.0 VESTING; DEVELOPMENT STANDARDS; BUILDOUT PERIOD
6.1 Any development approvals or permits issued for development within the TFR
Project shall be consistent with the provisions of this Agreement. The TFR
Project shall be governed by the TMC provisions as such provisions existed on
September 7, 2004, or as they may be determined inapplicable because of the
non preclusive requirements for essential public facilities in RCW 36.70A.200;
PROVIDED, however, as required by RCW 36.70B.170(4), the City shall reserve
its authority to adopt new or different regulations to the extent required by a
serious threat to public health and safety, and such regulations shall apply to the
TFR Project.
6.2 The vesting described in Section 6.1 shall apply throughout the "Construction
Buildout Period" for the TFR Project, which the Parties have established as ten
years following execution of this Agreement. During the Construction Buildout
Period, the City shall neither modify nor impose new or additional development
standards beyond those set forth in this Agreement. To the extent this Agreement
does not establish or define development standards covering a certain subject,
element or condition, the TFR Project shall be governed by the City codes and
standards in effect on September 7, 2004.
7.0 ESSENTIAL PUBLIC FACILITY REQUIREMENTS
7.1 The Central Link Light Rail system is a regional transportation facility that has
the status of an essential public facility "EPF Thus, as a segment of the
overall regional transportation system, the TFR Project is an EPF. Because cities
are not regional decision making bodies under the Growth Management Act they
may not make decisions regarding system location or design of regional EPFs. A
city's role is limited to attempting to influence such decisions by providing
information to the regional body, commenting on the alternatives under
consideration, or expressing local preferences in its comprehensive plan.
However, after the regional decision is made, the city then has a duty to
accommodate the EPF, and in the exercise of its land use powers may impose
reasonable permit and mitigation conditions.
7.2 The TFR Project is an EPF that is subject to the requirements of RCW
36.70A.200. Sound Transit, as the regional transit authority sponsoring the TFR
Project, has the primary authority to make siting and location decisions for the
TFR Project. Under RCW 36.70A, the City may not utilize development
regulations to render impracticable Sound Transit's decisions on siting and
location of the TFR Project; however, the City may impose reasonable permit and
mitigation conditions on the TFR Project
7.3 The Parties agree that the requirements of RCW 36.70A.200 regarding the siting
of essential public facilities are applicable to the TFR Project.
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8.0 MITIGATION
8.1 In addition to the mitigation measures described in the Federal Transit
Administration Amended Record of Decision Attachment E, dated May 8, 2002
"ROD incorporated by reference, Sound Transit shall provide the following
additional mitigation measures for the TFR Project:
(a) Street Frontage Improvements. Sound Transit shall construct street
frontage improvements on Southcenter Boulevard from Tukwila
International Boulevard to approximately Interstate 5 as shown on the plan
sheets and specifications contained in UUP Application L03 -057, titled on
the 90% submittal Right -of -Way Plans, number R40 -RP02 through RP12,
R4 -0X05 through CX07, R40 -CD 11 and CD 12, or as otherwise approved
by the Public Works Director. The street frontage improvements are
required to mitigate the safety impacts associated with the introduction of
the trackway columns into the roadway's safety clear zone and as a result
of construction of the South 154 Street Station. The street frontage
improvements will include curb (regular and raised), gutters, sidewalks,
surface water drainage, and street and pedestrian lighting. Due to the
restricted amount of right -of -way available, raised, landscaped medians
will be incorporated to accommodate street lighting and several trackway
columns. To the maximum extent possible, the Southcenter Boulevard
street frontage improvements constructed by Sound Transit will be located
within existing City right -of -way. To achieve this intent, the Director of
Public Works is authorized to modify or waive applicable development
standards. Upon completion of the street frontage improvements and
acceptance by the City, the street frontage improvements shall be
dedicated to the City pursuant to the procedures provided in Tukwila
Municipal Code.
(b) Construction Impacts. After construction of the TFR Project, Sound
Transit shall restore to current standards (curbs, gutters, sidewalks and
resurfacing) Southcenter Boulevard, Martin Luther King Way, and East
Marginal Way (north of South 112 Street). The Trackway Construction
Permit shall contain a condition that requires that all construction routes
within the Public Right -of -Way be videotaped prior to start of construction
to benchmark current conditions. Upon completion of construction of the
TFR Project, all construction routes will be inspected by the City. If the
City determines that the condition of these construction routes is worse
than what would be anticipated from normal wear and tear, Sound Transit
shall restore such damaged roadways to pre construction conditions.
(c) Fire and Police Mitiization. Sound Transit shall provide at no cost to the
City the mitigation measures as generally described in the Fire
Concurrence Letter signed by Sound Transit and the City on July 12, 2004
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and the Police Concurrence Letter signed by Sound Transit and the City
on August 12, 2004, both incorporated by reference. The Mayor is hereby
authorized to negotiate and execute any additonal agreements as are
necessary to implement the mitigation measures described in the Fire and
Police Concurrence Letters.
(d) Fees. Based on the estimated value of the TFR Project as provided by
Sound Transit, the City estimates that the total amount of development
permit application fees due to the City for the entire TFR Project will be
approximately One Million Two Hundred Thousand dollars ($1.2 million).
Sound Transit shall pay development permit application fees to the City
consistent with the requirements of Tukwila Municipal Code.
(e) Fire and Emergency Services Access. Sound Transit shall provide a plan
acceptable to the City to ensure adequate access for purposes of fire
control and suppression to the structures located at:
15151 52 Avenue South, tax parcel #984440 -0021;
1517152 d Avenue South, tax parcel #984440 -0022;
1520052 d Avenue South, tax parcel #984440 -0015;
1520852 d Avenue South, tax parcel #115720 -0010;
1520552 nd Avenue South, tax parcel #115720 -0016;
1521552 nd Avenue South, tax parcel #115720 -0017;
10836 East Marginal Way South, tax parcel #032304 -9164
(multi- tenant building);
10847 East Marginal Way South, tax parcel #032304 -9172
(multi- tenant building);
11001 East Marginal Way South, tax parcel #032304 -9183;
11245 East Marginal Way South, tax parcel #102304 -9060; and
11269 East Marginal Way South, tax parcel #102304 -9055.
8.2 The Parties agree that the mitigation measures identified in this Agreement are
reasonable as part of the TFR Project approvals and such mitigation shall be
incorporated into the TFR Project in full satisfaction of all development standards,
except for those standards applicable to the building permits and other necessary
administrative permits, and in full satisfaction of SEPA.
9.0 MINOR REVISIONS TO TFR PROJECT APPROVALS
9.1 The Directors of Public Works and the Department of Community Development
are authorized to approve minor revisions to the TFR Project that are necessary
and generally consistent with this Agreement. Such minor revisions shall include
(a) any revisions within the scope and intent of the original Project approvals
identified in Section 4.0, (b) any revisions within the scope of the TFR Project
Environmental Documents, (c) any relocations and adjustments of the Trackway
within the approved right of way, and (d) any relocations and adjustments of the
elements and features of the Station.
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10.0 RIGHT -OF -WAY
10.1 Grant. The City hereby grants to Sound Transit, its successors and assigns, a
non exclusive use of portions of the Public Right -of -Way, the general
location of which is described and depicted on Exhibit "A," attached and
incorporated herein, to be known as a Light Rail Transit Way, to construct,
operate, maintain, and own a Light Rail Transit System in, upon, above,
beneath and along the Light Rail Transit Way in accordance with the terms
and conditions of this Agreement. The Light Rail Transit Way shall be
limited to the areas described generally in the plans and profile drawings and
more fully described in the As Built Final Right -of -Way Plans. The City's
Public Works Director and Sound Transit's Director of Light Rail may, from
time to time, jointly revise and modify Exhibit "A" to conform to the record
drawings and the Final Right -of -Way Plans as long as the revisions are, in
their professional engineering judgment, within the scope and intent of Exhibit
"A." This grant shall take effect upon the filing of approved As Built Final
Construction Plans and Final Right -of -Way Plans. Sound Transit expressly
agrees that it will construct, operate and maintain the Light Rail Transit
System in compliance with this Agreement and all applicable City ordinances
and state and federal laws.
10.2 Sole Purpose. The non exclusive use of a Light Rail Transit Way is granted
solely for the purpose of construction, maintenance, operation, and ownership
of the Light Rail Transit System detailed in the Final Construction Plans and
included in the Station Building Permit, other related permits, and this
Agreement, and for no other purpose. Sound Transit intends, and shall have
the right, to use the Light Rail Transit Way solely for Light Rail Transit
System uses. Notwithstanding the foregoing, nothing contained herein shall
prevent Sound Transit from replacing Light Rail Transit Facilities or
equipment existing after construction after first obtaining any necessary
permits or other authorization from Tukwila.
10.3 Work Permitted in Light Rail Transit Way. Sound Transit understands and
agrees that during the normal course of Light Rail Transit Way use, the City
may engage in construction, maintenance, demolition, leasing, licensing,
permitting, and similar activities that have the potential to cause interruption
to the Light Rail Transit System. Sound Transit understands and agrees that
such activities may be caused, from time to time, by reasons including but not
limited to: (1) traffic conditions; (2) public safety; (3) Public Right -of -Way
construction; (4) Public Right -of -Way repair (including resurfacing or
widening); (5) change of Public Right -of -Way grade; (6) response to
emergencies and natural disasters; and (7) construction, installation or repair
of sewers, drains, water pipes, power lines, signal lines, traffic control devices,
tracks, communications systems, public works, public facilities or
improvements, or any utilities. The City agrees to exercise its best effort to
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provide written notice to Sound Transit of such activities within the Light Rail
Transit Way, to the extent they are permitted or controlled by the City, at least
twelve hours prior to commencement of the work, unless an Emergency exists
as defined herein. The City shall further exercise its best efforts to ensure that
any such activities done by or for the City shall be undertaken in a manner that
minimizes, to the extent possible, disruption to operation of the Light Rail
Transit System.
10.4 Non Exclusive Use. Sound Transit understands that the rights granted herein
are non exclusive. The City shall have the right to agree to other non-
exclusive uses or occupancies of the Light Rail Transit Way. The City agrees
that such uses or occupancies shall not unreasonably impair the ability of
Sound Transit to operate the Light Rail Transit System.
10.5 Use Restricted. This Agreement does not authorize the provision of any
services by Sound Transit other than services strictly related to the operation of
the Light Rail Transit System. Sound Transit's use of the Light Rail Transit
Way for anything other than a Light Rail Transit System shall require written
permission from the City.
10.6 Ownership. Unless otherwise provided in this Agreement or in other City
project approvals or agreements, Sound Transit shall own all tracks and other
Light Rail Transit Facilities on the Light Rail Transit Way, including, without
limitation, improvements constructed at the cost and expense of Sound Transit.
Nothing in this Agreement, however, shall be construed as granting to Sound
Transit any interest or right in the Light Rail Transit Way or the improvements
on the Light Rail Transit Way other than the rights expressly provided herein.
10.7 No Rights by Implication. No rights shall pass to Sound Transit by implication.
Without limiting the foregoing, by way of example and not limitation, this
Agreement shall not include or be a substitute for:
(a) Any other permit or authorization required for the privilege of
transacting and carrying on a business within the City that may be
required by the ordinances and laws of the City; or
(b) Any permit, agreement or authorization required in connection with
operations on or in public streets or property, including by way of
example and not limitation, street cut permits; or
(c) Any permits or agreements for occupying any other property of the City
to which access is not specifically granted by this Agreement.
10.8 Street Vacations. Pursuant to the requirements of TMC 11.60 and RCW 35.79,
Sound Transit shall cooperate with the City when it petitions for street vacations
at the locations as generally described in Exhibit "B," attached and incorporated
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herein. Street vacation decisions are discretionary decisions of the City Council
after appropriate notice and public hearing. Nothing within this Section shall be
construed to require the City Council to approve any street vacation, nor shall the
City Council's decision regarding any street vacation impair in any way the City's
grant to Sound Transit of the right to use the Light Rail Transit Way as described
in this Agreement.
10.9 Property Transfers to Citv. In the event that Sound Transit acquires real property
that the Parties agree should be transferred to the City for Public Right -of -Way,
such real property shall be transferred to the City pursuant to the procedures
provided in Tukwila Municipal Code.
11.0 CONSTRUCTION
11.1 Approval for Construction for South 154 Street Station,. Sound Transit shall
obtain approval from the City for the South 154 Street Station Final
Construction Plans through submittal of a Station Building Permit application.
When approving the Station Building Permit application, the City may impose
such reasonable conditions as may be required to implement this Agreement
or other TFR Project approvals.
11.2 Approval of Construction. Sound Transit shall obtain approval from the City's
Public Works Director for all Light Rail Transit Facility Final Construction
Plans (except the South 154 Street Station) through submittal of a Trackway
Construction Permit as described in this Agreement. When approving the
Trackway Construction Permit, the Director may impose such reasonable
conditions as may be required to implement this Agreement or other TFR
Project approvals. Final Construction Plans must be accompanied by Final
Right -of -Way Plans.
11.3 Entry upon Light Rail Transit Way. Sound Transit, its employees and agents,
are authorized to enter upon the Light Rail Transit Way to construct, operate
and maintain the Light Rail Transit Facilities, as defined and limited in this
Agreement.
11.4 Record Drawings. As promptly as possible, but in no event later than three
months after the Light Rail Transit System begins operations, Sound Transit
shall furnish to the City record drawings of the As Built Final Construction
Plans and Final Right -of -Way Plans. Record Drawings are Mylars and
associated electronic files prepared in AUTOCAD showing the as -built
condition.
11.5 Temporary Use of Public Right -of -Way. During construction of the Light
Rail Transit System, Sound Transit may fence portions of the Public Right -of-
Way for the temporary storage of construction equipment and materials,
provided that such structures and fences (1) do not interfere with or disrupt in
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any way, other than as may be approved in writing in advance by the City, the
ordinary use of the right -of -way, and (ii) do not interfere with or disrupt in any
way, other than as may be approved in writing in advance by the City, the
ordinary access to property on either side of the Public Right -of -Way. Sound
Transit shall neither store nor temporarily place any goods, materials, or
equipment (i) near a roadway, intersection, or crossing in such a manner as to
interfere with the sight distance of persons approaching such crossing, or (ii)
within such greater distance as prohibited by the City; provided, however, that
fuel and other hazardous substances shall not be stored unless approved by
appropriate officials of the Tukwila Fire Department.
11.6 Utilities Durinu Construction. All conflicting utilities shall be relocated by
Sound Transit at its expense pursuant to applicable provisions of the TMC.
Sound Transit shall fully indemnify the City for any claim and undertake the
defense of any litigation directed at the City arising from such relocation to
accommodate the construction of the Light Rail Transit System. The City
shall cooperate with Sound Transit in the defense of any such claim.
Notwithstanding the foregoing, the Parties agree that Sound Transit shall pay
for any relocation or protection of City -owned utilities that the City
determines is necessary due to construction or operation of the Light Rail
Transit System and as required by the TMC.
11.7 Compliance with Laws. Rules, and Regulations. Sound Transit, at Sound
Transit's sole cost and expense, shall furnish all materials, parts, components,
equipment and structures necessary to construct and operate the Light Rail
Transit System, or any part thereof, in accordance with this Agreement. Any
and all work by Sound Transit shall be done in a good and workmanlike
manner, in conformity with all applicable engineering, safety, and other statutes,
laws, ordinances, regulations, rules, codes, orders, or specifications of any
public body or authority having jurisdiction.
11.8 Installation. All facilities and installations must meet or exceed applicable
specifications of the City and be in compliance with all existing federal, state
and local laws, ordinances and regulations.
11.9 Track Support. During any work of any character by Sound Transit at locations
of the Light Rail Transit Facilities, and in accordance with the Final
Construction Plans, Sound Transit shall support the tracks and roadbed of the
Light Rail Transit System in such a manner as is necessary for the safe
operation of the Light Rail Transit System and ordinary use of the Public Right
of -Way.
11.10 h=inent Danger. If, during construction, the Light Rail Transit System
creates, or contributes to, an imminent danger to health, safety, or property that
Sound Transit is unable to immediately address, the City may protect, support,
temporarily disconnect, remove, or relocate any or all parts of the Light Rail
15
Transit System without prior notice, and Sound Transit shall pay for costs
incurred by the City. The City shall provide notice of such danger to Sound
Transit as soon as possible, given the nature and circumstances of any such
danger.
11.11 Information Re _2ardinz Oni4oina, Work. In addition to providing notice to the
public of ongoing work as may be required under applicable law, Sound Transit
shall implement the commitments contained in the Community Outreach Plan
Construction Impact Study incorporated herein by reference. These
commitments include but are not limited to the following:
(a) Establish effective communication with residents and businesses;
develop and implement a public relations plan that will provide that
local residents and businesses are fully informed about potentially
significant disruptions, such as temporary street closures, changes in
transit service, and parking availability. Sound Transit shall work with
community and neighborhood groups prior to and through the
construction process to identify types of impacts that would occur, and
to work on ways to reduce those impacts;
(b) Develop a 24 -hour monitoring center that provides telephone access for
the public to obtain construction information and to make complaint and
incident reports;
(c) Clearly identify, and make accessible, paths to and from major
transportation facilities, such as designated pedestrian routes, bicycle
lanes, bus routes and stops, designated truck routes, and tunnel
entrances;
(d) Work with affected business owners, chambers of commerce, merchants
associations and others to develop a business marketing program to
minimize business disruption during construction;
(e) Work with local school districts to educate school officials and children
about the light rail system and safe street crossing procedures, especially
on at -grade sections;
(f) Provide regular updates to assist public school officials in providing
advance and ongoing notice to students and parents concerning
construction activity near schools and school walking routes;
(g) Develop a mitigation commitment tracking system that will provide a
computerized record of all mitigation commitments and a means to track
progress toward meeting those commitments;
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(h) Follow standard construction safety measures, such as installation of
advance warning signs, highly visible construction barriers, and the use
of flaggers;
(i) Post advance notice signs prior to construction in areas where surface
construction activities will affect access to surrounding businesses;
(j) Use lighted or reflective signage to direct drivers to truck haul route and
to provide visibility during nighttime work hours; and
(k) Coordinate street sweeping services in construction areas with
construction activity.
11.12 Restoration of Public Ri.vht- of -Way. Sound Transit shall promptly repair any
and all Public Right -of -Way and public property that is disturbed or damaged
during the construction of its Light Rail Transit System to the same condition as
existing prior to construction. In the event Sound Transit does not comply with
the foregoing requirement, the City may, upon seven calendar days' advance
notice to Sound Transit, take actions to restore the Public Right -of -Way or
public property at Sound Transit's sole cost and expense.
11.13 Federal Grant Conditions. Sound Transit's design and construction of the TFR
Project is subject to a financial assistance contract between Sound Transit and the
Federal Transit Administration "FTA Both parties recognize that the FTA
may request a change to this Agreement to comply with its funding requirements.
The Parties agree to consider any such request in good faith.
12.0 PERMITS
12.1 Permits and Licenses. Sound Transit, at its sole cost and expense, shall (i)
secure and maintain in effect, all federal, state and local permits and licenses
required for the construction, operation and maintenance of the Light Rail
Transit System, including, without limitation, crossing, zoning, building, health,
environmental, and communication permits and licenses, and (ii) indemnify the
City against payment of the costs thereof and against any fines or penalties that
may be levied for failure to procure, or to comply with, such permits or
licenses, as well as any remedial costs incurred by the City in curing any such
failures.
12.2 Citv Shall Not Hinder. The City shall not hinder Sound Transit's attempts to
secure, obtain, and maintain, at Sound Transit's sole cost and expense, any
permits, licenses or approvals of other governmental agencies or authorities,
or of any necessary Third Parties, for the use of any structures or facilities
(including streets, roads or utility poles).
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13.0 ENTRY NOTICE
13.1 Access. Sound Transit, its employees and agents shall have access to the
Public Right -of -Way in connection with Sound Transit's construction,
operation, and maintenance of the Light Rail Transit System as is reasonably
necessary in accordance with this Agreement; provided, however, except to
the extent expressly provided in this Agreement, this right of access shall not
be deemed to require the City to take any actions or expend any funds to
enable such persons to exercise such rights of access, and provided further that
such access may not unreasonably interfere with or disrupt, other than in ways
approved in writing in advance by the City, the use of the Light Rail Transit
Way by the City or Third Parties in and along the Light Rail Transit Way.
13.2 Notice Prior to Initial Entrv. During construction, Sound Transit shall
provide the City at least 48 hours' advance written notice as provided in a
construction schedule to be reviewed and approved by Sound Transit and the
City before initial entry upon any portion of the Public Right -of -Way for
construction purposes.
13.3 Entry after Construction. After the completion of construction of the TFR
Project, no further construction, maintenance, or repairs shall be undertaken in
the Public Right -of -Way without first obtaining all necessary permits pursuant
to TMC Title 11 or otherwise, except in cases of Emergency. In any such
Emergency, Sound Transit shall apply for a permit within 24 hours of actual
notice of such Emergency.
13.4 Citv Access to Light Rail Transit Facilities. In order to maintain safe and
efficient operations of the Light Rail Transit Facilities, in consultation with the
City, Sound Transit and the City shall jointly develop standard operating
procedures for the City's entry and access to Light Rail Transit Facilities.
14.0 OPERATION, MAINTENANCE, AND REPAIR IN STREETS AND
RIGHTS OF WAY
14.1 Compliance with Laws, Rules, and Regulations. Sound Transit shall operate,
maintain, and repair its Light Rail Transit System in compliance with all
federal, state, and local laws, ordinances, departmental rules and regulations
and practices affecting such system, which includes, by way of example and
not limitation, the obligation to operate, maintain, and repair in accordance
with the applicable provisions of City Code. In addition, the operation,
maintenance, and repair shall be performed in a manner consistent with
industry standards. Sound Transit shall exercise reasonable care in the
performance of all its activities and shall use industry accepted methods and
devices for preventing failures and accidents that are likely to cause damage,
injury, or nuisance to the public or to property.
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14.2 Responsibility for Eauipment. The City shall have no responsibility for
inspecting, maintaining, servicing or repairing any trains or other equipment
used by Sound Transit as part of the Light Rail Transit System, but all such
equipment shall at all times comply with applicable federal, state, and local
governmental requirements.
14.3 Prompt Repair. Sound Transit shall promptly repair any and all Public Right
of -Way, public property, or private property that is disturbed or damaged
during the operation, maintenance, or repair of its Light Rail Transit System.
Public property and Public Right -of -Way must be restored to the same
condition as before the disturbance or damage occurred.
14.4 Itmninent Dam4er. In the event of an Emergency, or where the Light Rail
Transit System creates, or is contributing to, an imminent danger to health,
safety, or property that Sound Transit is unable to immediately address, the
City may protect, support, temporarily disconnect, remove, or relocate any or
all parts of the Light Rail Transit System without prior notice, and Sound
Transit shall pay to the City the cost of any such action undertaken by the
City. The City shall provide notice of such danger as soon as possible
thereafter, taking into consideration the nature and complexity of the
Emergency or other imminent danger.
15.0 FACILITY LOCATION SIGNS
15.1 Sound Transit, at its sole cost, expense and risk, shall furnish, erect and
thereafter maintain signs showing the location of all Sound Transit facilities.
Signs shall be in conformance with applicable requirements of TMC Title 19.
16.0 LIABILITY, INDEMNIFICATION
16.1 Sound Transit hereby agrees to indemnify, defend, and hold the City harmless
from any and all claims, demands, suits, actions, damages, recoveries,
judgments, costs, or expenses (including, without limitation, reasonable
attorneys' fees) paid by the City and arising or growing out of or in connection
with or resulting from, either directly or indirectly, the construction,
maintenance, operation, repair, removal, occupancy, and use of the Light Rail
Transit System in the Light Rail Transit Way by Sound Transit, unless such
claims arise from the sole or partial negligence, actions or inaction of the City,
its employees, servants, agents, contractors, subcontractors or persons using
the Light Rail Transit System with permission of the City.
16.2 The City shall give Sound Transit prompt notice of any claims of which it is
aware. Sound Transit shall promptly assume responsibility for the claim or
undertake the defense of any litigation on behalf of the City. The City shall
cooperate fully with Sound Transit in the defense of any claim. The City shall
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not settle any claim without the prior written consent of Sound Transit, which
consent shall not be unreasonably withheld.
16.3 Sound Transit expressly assumes potential liability for actions brought by
Sound Transit's employees and agents against the City and, solely for the
purpose of this indemnification, expressly waives any immunity under the
Industrial Insurance Law, Title 51 RCW. Sound Transit acknowledges that
this waiver was entered into pursuant to the provisions of RCW 4.24.115 and
was the subject of mutual negotiation.
17.0 INSURANCE
17.1 Sound Transit shall maintain, throughout the term of this Agreement and for
six years after its termination, insurance adequate to protect the City against
claims that may arise as a result of the construction, operation, or maintenance
of the Light Rail Transit System in the Light Rail Transit Way, including,
without limitation: (i) comprehensive general liability insurance; (ii) property
damage liability insurance (including coverage for explosion, collapse, and
instability); (iii) workers' compensation insurance (to the extent required by
law); (iv) employer's liability insurance; and (v) comprehensive auto liability
coverage (including owned, hired, and non -owned vehicles).
17.2 Sound Transit shall carry such insurance with responsible insurers or self
insure or participate in an insurance pool or pools at levels of coverage or with
reserves adequate, in the reasonable judgment of Sound Transit, to protect
Sound Transit and the City against loss, and as are ordinarily carried by
municipal or privately owned entities engaged in the operation of systems
comparable to the Light Rail Transit System.
17.3 Sound Transit shall file with the City's Risk Manager Certificates of Insurance
reflecting evidence of the required insurance and naming the City as an
additional insured where appropriate. The certificates shall contain a
provision that coverage shall not be canceled until at least 30 days' prior
written notice has been given to the City.
17.4 If Sound Transit fails to maintain the required insurance, the City may order
Sound Transit to stop operating the Light Rail Transit System in the Light Rail
Transit Way until the required insurance is obtained.
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18.0 LIENS
18.1 The Light Rail Transit Way and Light Rail Transit Facilities are not subject to
a claim of lien. In the event that any City property becomes subject to any
claims for mechanics', artisans' or materialmen's liens, or other encumbrances
chargeable to or through Sound Transit that Sound Transit does not contest in
good faith, Sound Transit shall promptly, and in any event within thirty (30)
days, cause such lien claim or encumbrance to be discharged or released of
record (by payment, posting of bond, court deposit or other means), without
cost to the City, and shall indemnify the City against all costs and expenses
(including attorneys' fees) incurred in discharging and releasing such claim of
lien or encumbrance. If any such claim or encumbrance is not so discharged
and released, the City may pay or secure the release or discharge thereof at the
expense of Sound Transit after first giving Sound Transit five (5) business
days' advance notice of its intention to do so. The City shall use its
reasonable best efforts to keep Sound Transit's facilities free of all liens that
may adversely affect the Light Rail Transit System.
18.2 Nothing herein shall preclude Sound Transit's or the City's contest of a claim
for lien or other encumbrance chargeable to or through Sound Transit or the
City, or of a contract or action upon which the same arose.
18.3 Nothing in this Agreement shall be deemed to give, and the City hereby
expressly waives, any claim of ownership in and to any part or the whole of
the Light Rail Transit Facilities except as may be otherwise provided herein.
19.0 TERM; TERMINATION
19.1 This Agreement shall be effective as of the date the last party signs and, unless
sooner terminated pursuant to the terms hereof, shall remain in effect for so
long as the Light Rail Transit Way is used for public transportation purposes.
19.2 Upon termination of this Agreement, Sound Transit agrees to prepare, execute
and deliver to the City all documentation necessary to evidence termination of
this Agreement or portion thereof so terminated. No such termination,
however, shall relieve the Parties hereto of obligations accrued and unsatisfied
at such termination.
19.3 Upon the cessation of use of the Light Rail Transit Way for the Light Rail
Transit System, to the extent any portion of it remaining in the Public Right
of -Way or on any other public property is not removed by Sound Transit, the
City, as expressed by ordinance, may deem it abandoned and it shall become
the property of the City. If the City does not desire such ownership, Sound
Transit shall remove any remaining portion of the Light Rail System.
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19.4 Sound Transit shall file a written removal plan with the City not later than
sixty (60) calendar days following the date of the receipt of any orders
directing removal, or any consent to removal, describing the work that will be
performed, the manner in which it will be performed, and a schedule for
removal by location. The removal plan shall be subject to approval and
regulation by the City. The affected property shall be restored to as good or
better condition than existed immediately prior to removal.
20.0 REMEDIES; ENFORCEMENT
20.1 Remedies. The Parties reserve the right to exercise any and all of the following
remedies, singly or in combination, in the event the other violates any provision
of this Agreement:
(a) Commencing an action at law for monetary damages;
(b) Commencing an action for equitable or other relief, and
(c) Seeking specific performance of any provision that reasonably lends
itself to such remedy.
20.2 Cumulative Remedies. In determining which remedy or remedies for violation
are appropriate, a court may take into consideration the nature and extent of the
violation, the remedy needed to prevent such violations in the future, whether
the breaching party has a history of previous violations of the same or similar
kind, and such other considerations as are appropriate under the circumstances.
Remedies are cumulative; the exercise of one shall not foreclose the exercise of
others.
20.3 Failure to Enforce. Neither party shall be relieved of any of its obligations to
comply promptly with any provision of this Agreement by reason of any failure
by the other party to enforce prompt compliance, and such failure to enforce
shall not constitute a waiver of rights or acquiescence in the other party's
conduct.
21.0 COVENANTS AND WARRANTIES
21.1 By execution of this Agreement, the City warrants:
(a) That the City has the full right and authority to enter into and perform
this Agreement and any permits that may be granted in accordance with
the terms hereof, and that by entering into or performing this Agreement
the City is not in violation of its charter or by-laws, or any law,
regulation or agreement by which it is bound or to which it is bound or
to which it is subject; and
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I
(b) That the execution, delivery and performance of this Agreement by the
City has been duly authorized by all requisite corporate action, that the
signatories for the City hereto are authorized to sign this Agreement, and
that, upon approval by the City, the joinder or consent of any other
parry, including a court or trustee or referee, is not necessary to make
valid and effective the execution, delivery and performance of this
Agreement.
21.2 By execution of this Agreement, Sound Transit warrants:
(a) That Sound Transit has full right and authority to enter into and perform
this Agreement in accordance with the terms hereof, and by entering into
or performing under this Agreement, Sound Transit is not in violation of
any of its agency governance rules, or any law, regulation or agreement
by which it is bound or to which it is subject; and
(b) That the execution, delivery and performance of this Agreement by
Sound Transit has been duly authorized by all requisite Board action,
that the signatories for Sound Transit hereto are authorized to sign this
Agreement, and that the joinder or consent of any other party, including
a court or trustee or referee, is not necessary to make valid and effective
the execution, delivery and performance of this Agreement.
22.0 RECORDINGS, TAXES AND OTHER CHARGES
22.1 Sound Transit shall pay all transfer taxes, documentary stamps, recording costs
or fees, or any similar expense in connection with the recording or filing of any
permits that may be granted hereunder. Sound Transit further agrees that if it is
determined by any federal, state, or local governmental authority that the sale,
acquisition, license, grant, transfer, or disposition of any part or portion of the
Light Rail Transit Facilities or rights herein described requires the payment of
any tax, levy, excise, assessment, or charges (including, without limitation,
property, sales or use tax) under any statute, regulation, or rule, Sound Transit
shall pay the same, plus any penalty and/or interest thereon, directly to said
taxing authority and shall hold the City harmless therefrom. Sound Transit shall
pay all taxes, levies, excises, assessments, or charges, including any penalties
and/or interest thereon, levied or assessed on the Light Rail Transit Facilities, or
on account of their existence or use (including increases attributable to such
existence or use, and excluding taxes based on the income of the City), and shall
indemnify the City against payment thereof. Sound Transit shall have the right
to claim, and the City shall reasonably cooperate with Sound Transit in the
prosecution of any such claim for refund, rebate, reduction or abatement of such
tax(es).
22.2 The City may pay any tax, levy, excise, assessment or charge, plus any penalty
and/or interest thereon, imposed upon Sound Transit for which Sound Transit is
23
obligated pursuant to this Section if Sound Transit does not pay such tax, levy,
excise, assessment, or charge when due. Sound Transit shall reimburse the City
for any such payment made pursuant to the previous sentence, plus interest at
the prime rate per annum, as published in the Wall Street Journal.
23.0 ASSIGNABILITY; BENEFICIARY
23.1 This Agreement shall be binding upon and inure to the benefit of the Parties
hereto and their respective successors or assignees. No assignment hereof or
sublease shall be valid for any purpose without the prior written consent of the
other party, and any attempt by one party to assign or license the rights or
obligations hereunder without prior written consent will give the other party the
right, at its written election, immediately to terminate this Agreement or take
any other lesser action with respect thereto. The above requirement for consent
shall not apply to (i) any disposition of all or substantially all of the assets of a
party, (ii) any governmental entity merger, consolidation, or reorganization,
whether voluntary or involuntary, (iii) a sublease or assignment of this
Agreement (in whole or in part) to a governmental entity, or (iv) a sale, lease, or
other conveyance subject to those requirements set forth in this Agreement;
provided, however, that no sublease or assignment under (ii) or (iii) shall be
permitted to a governmental entity not operating, constructing or maintaining a
Light Rail Transit System on behalf of Sound Transit, and provided further that
no unconsented assignment shall relieve Sound Transit of its obligations and
liabilities under this Agreement.
23.2 Either party hereto may assign any monetary receivables due them under this
Agreement; provided, however, such assignment shall not relieve the assignor
of any of its rights or obligations under this Agreement.
23.3 Sound Transit acknowledges and agrees that the City may designate, in writing,
a designee to (i) receive information (including information designated or
identified as confidential) and notices under this Agreement, and (ii) provide
certain approvals or consents required from the City under this Agreement. In
the event of such designation, Sound Transit may rely on approvals or consents
by such designee on behalf of the City as fully as if such actions were
performed by the designator itself.
23.4 Neither this Agreement nor any term or provision hereof, or any inclusion by
reference, shall be construed as being for the benefit of any party not a signatory
hereto.
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24.0 DESIGNATED REPRESENTATIVES
24.1 Responsibilities. To promote effective intergovernmental cooperation and
efficiencies, the Parties each designate a representative "Designated
Representative who shall be responsible for coordination of communications
between the Parties and shall act as the point of contact for each party. The
Designated Representatives shall be responsible for the performance of the
objectives of this Agreement.
24.2 Coordination. Each Designated Representative is also responsible for
coordinating the input and work of its agency, consultants, and staff as it relates to
the objectives of this Agreement. The Parties reserve the right to change
Designated Representatives, by written notice to the other party during the term of
this Agreement. Each party's Designated Representative is named below with the
individual's contact information.
24.3 Designated Representatives and Contact Information.
Sound Transit During Construction: Rod Kempkes, Project Manager
Sound Transit Link Light Rail
401 South Jackson
Seattle, Washington 98104 -2826
206 398 -5374
or
Ian Hubbard, Resident Engineer
During Operations: Charles Joseph, Operations Division
Manager
Sound Transit Link Light Rail
401 South Jackson
Seattle, Washington 98104 -2826
206 398 -5200
City of Tukwila During Construction: Brian Shelton, City Engineer, and
Bob Benedicto, Building Official
6300 Southcenter Boulevard
Tukwila, Washington 98188
206 433 -1800
During Operations: Brian Shelton, City Engineer
6300 Southcenter Boulevard
Tukwila, Washington 98188
206 433 -1800
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25.0 NOTICE
25.1 Unless otherwise provided herein, all notices and communications concerning this
Agreement shall be in writing and addressed as follows. Notice by hand delivery
or facsimile shall be effective upon receipt. If deposited in the mail, notice shall
be deemed delivered 48 hours after deposited. Any party at any time by written
notice to the other party may designate a different address or person to which such
notice or communication shall be given.
If to the City: City of Tukwila
6300 Southcenter Boulevard
Tukwila, WA 98188
Attn: Mayor's Office and
Director of Community Development
If to Sound Transit: Central Puget Sound Regional Transit Authority
Union Station
401 S. Jackson St.
Seattle, WA 98104 -2826
Attn: Chief Executive Officer
25.2 Unless otherwise provided herein, notices shall be sent by registered or certified
U.S. Mail, or other verifiable physical or electronic transmission, and shall be
deemed served or delivered to addressee, or its office, upon the date of actual
receipt, return receipt acknowledgment, or, if postal claim notice is given, on
the date of its return marked "unclaimed provided, however, that upon receipt
of a returned notice marked "unclaimed," the sending party shall make a
reasonable effort to contact and notify the other party by telephone.
26.0 DISPUTE RESOLUTION
26.1 Any disputes or questions of interpretation of this Agreement that may arise
between Sound Transit and the City shall be governed under the Dispute
Resolution provisions in this Section. The Parties agree that cooperation and
communication are essential to resolving issues efficiently. The Parties agree to
exercise their best efforts to resolve any disputes that may arise through this
dispute resolution process, rather than in the media or through other external
means.
26.2 The Parties agree to use their best efforts to prevent and resolve potential sources
of conflict at the lowest level.
26.3 The Parties agree to use their best efforts to resolve disputes arising out of or
related to this Agreement using good faith negotiations by engaging in the
following dispute escalation process should any such disputes arise:
26
(a) Level One Sound Transit's Project Manager or Resident Engineer or
equivalent and the City's Planning Supervisor, Building Official, Fire
Marshall or City Engineer shall meet to discuss and attempt to resolve the
dispute in a timely manner. If they cannot resolve the dispute within
fourteen (14) calendar days after referral of that dispute to Level One,
either party may refer the dispute to Level Two.
(b) Level Two Sound Transit's Director of Link Light Rail and the City's
Community Development Director and/or Public Works Director shall
meet to discuss and attempt to resolve the dispute, in a timely manner. If
they cannot resolve the dispute within fourteen (14) business days after
referral of that dispute to Level Two, either party may refer the dispute to
Level Three.
(c) Level Three Sound Transit's Executive Director or Designee and the
City Administrator or Designee shall meet to discuss and attempt to
resolve the dispute in a timely manner.
26.4 Except as otherwise specified in this Agreement, in the event the dispute is not
resolved at Level Three within fourteen (14) calendar days after referral of that
dispute to Level Three, the Parties are free to file suit or agree to alternative
dispute resolution methods such as mediation or arbitration. At all times prior to
resolution of the dispute, the Parties shall continue to perform and make any
required payments under this Agreement in the same manner and under the same
terms as existed prior to the dispute.
26.5 In the event that the Parties choose to resolve its dispute through binding
arbitration, the Parties agree to the following procedure:
(a) Binding arbitration between the Parties pursuant to this Section shall be
governed by the rules and procedures set forth in this Section.
(b) If the Parties to the dispute are unable to agree upon a single arbitrator
within fourteen (14) calendar days of failure to resolve the dispute at the
end of the Level Three process, then a board of three arbitrators shall be
appointed by the American Arbitration Association "AAA in
compliance with the Rule of Appointment of Neutral Arbitrator. Any
arbitrator appointed by AAA under this Subsection shall possess
knowledge of the particular matters at issue in the arbitration.
(c) Upon selection of the arbitrator(s), said arbitrator(s) shall determine the
question(s) raised within fourteen (14) calendar days, unless a different
period of time is otherwise agreed upon by the Parties in writing. Said
arbitrator(s) shall then give both parties reasonable notice of the time
(which time shall be within thirty (30) calendar days of the Arbitrator(s)'
determination of the questions raised, unless a different period of time is
27
otherwise agreed upon by the Parties), and place of hearing evidence and
argument; take such evidence as the arbitrator(s) deems relevant, with
witnesses required to be sworn; and hear arguments of counsel or others.
(d) After consideration of all evidence, testimony and arguments, said single
arbitrator or said board of arbitrators or a majority thereof shall, within
thirty (30) days of completion of the hearing, promptly state such decision
or award in writing. Said decision or award shall be final, binding, and
conclusive on all parties to the arbitration when delivered to them, except
as provided in Subsection 26.5(f) and 26.5(8). Until the arbitrator(s) issue
the first decision or award upon any question submitted for the arbitration,
performance under the Agreement shall continue in the manner and form
existing prior to the rise of such question. After delivery of said first
decision or award, each party shall forthwith comply with said first
decision or award immediately after receiving it.
(e) Sound Transit and the City shall share equally the compensation, costs,
and expenses of the arbitrators, but each shall be responsible for their own
fees and expenses of its own witnesses, exhibits, and counsel. The
compensation, costs and expenses of the single arbitrator or the additional
arbitrator in the board of arbitrators shall be paid in equal shares by Sound
Transit and the City.
(f) The arbitrator(s) shall have the authority to enter awards of equitable
remedies consistent with the obligations of the City and Sound Transit
under this Agreement.
(g) The arbitrator(s) shall not have the authority to enter any award, the
satisfaction of which by the party to be bound, would be impermissible
under any law, regulation, or funding agreement to which the bound party
is subject. The determination of any such impermissibility shall be made
by a court of competent jurisdiction within the State of Washington and
under the laws of the State of Washington. Any such determination shall
be appealable.
27.0 DEFAULT
27.1 No party shall be in default under this Agreement unless it has failed to perform
under this Agreement for a period of thirty (30) calendar days after written notice
of default from any other party. Each notice of default shall specify the nature of
the alleged default and the manner in which the default may be cured
satisfactorily. If the nature of the alleged default is such that it cannot be
reasonably cured within the thirty (30) day period, then commencement of the
cure within such time period and the diligent prosecution to completion of the
cure shall be deemed a cure. Any party not in default under this Agreement shall
have all rights and remedies provided by law including without limitation
damages, specific performance or writs to compel performance or require action
28
consistent with this Agreement. The prevailing party (or the substantially
prevailing party if no one party prevails entirely) shall be entitled to reasonable
attorneys' fees and costs.
28.0 GENERAL PROVISIONS
28.1 The Parties shall not unreasonably withhold requests for information, approvals or
consents provided for in this Agreement. The Parties agree to take further actions
and execute further documents, either jointly or within their respective powers
and authority, to implement the intent of this Agreement. The City and Sound
Transit agree to work cooperatively with each other to achieve the mutually
agreeable goals as set forth in this Agreement.
28.2 This Agreement shall be interpreted, construed and enforced in accordance with
the laws of the State of Washington. Venue for any action under this Agreement
shall be King County, Washington.
28.3 This Agreement shall be binding upon and inure to the benefit of the successors
and assigns of the City and Sound Transit.
28.4 A Memorandum of this Agreement shall be recorded against the property legally
described in Exhibit "C."
28.5 Time is of the essence in every provision of this Agreement. Unless otherwise set
forth in this Agreement, the reference to "days" shall mean calendar days. If any
time for action occurs on a weekend or legal holiday, then the time period shall be
extended automatically to the next business day.
28.6 This Agreement is made and entered into for the sole protection and benefit of the
Parties hereto and their successors and assigns. No other person shall have any
right of action based upon any provision of this Agreement.
28.7 This Agreement has been reviewed and revised by legal counsel for all parties and
no presumption or rule that ambiguity shall be construed against the party drafting
the document shall apply to the interpretation or enforcement of this Agreement.
The Parties intend this Agreement to be interpreted to the full extent authorized
by applicable law including the requirements of RCW 36.70A.200.
28.8 Each Party shall be responsible for its own costs, including legal fees, incurred
in negotiating or finalizing this Agreement, unless otherwise agreed in writing
by the Parties.
28.9 The Parties shall not be deemed in default with provisions of this Agreement
where performance was rendered impossible by war or riots, civil disturbances,
floods or other natural catastrophes beyond its control; the unforeseeable
unavailability of labor or materials; or labor stoppages or slow downs, or power
outages exceeding back -up power supplies. This Agreement shall not be
29
I
revoked or a party penalized for such noncompliance, provided that such party
takes immediate and diligent steps to bring itself back into compliance and to
comply as soon as practicable under the circumstances without unduly
endangering the health, safety, and integrity of both parties' employees or
property, or the health, safety, and integrity of the public, Public Right -of -Way,
public property, or private property.
28.10 This Agreement may be amended only by a written instrument executed by each
of the Parties hereto. No failure to exercise and no delay in exercising, on the
part of any party hereto, any rights, power or privilege hereunder shall operate
as a waiver hereof, except as expressly provided herein.
28.11 This Agreement constitutes the entire agreement of the Parties with respect to
the subject matters hereof, and supersedes any and all prior negotiations (oral
and written), understandings and agreements with respect hereto.
28.12 Section headings are intended as information only, and shall not be construed
with the substance of the section they caption.
28.13 In construction of this Agreement, words used in the singular shall include the
plural and the plural the singular, and "or" is used in the inclusive sense, in all
cases where such meanings would be appropriate.
28.14 This Agreement may be executed in several counterparts, each of which shall be
deemed an original, and all counterparts together shall constitute but one and the
same instrument.
29.0 SEVERABILITY
29.1 In case any term of this Agreement shall be held invalid, illegal or
unenforceable in whole or in part, neither the validity of the remaining part of
such term nor the validity of the remaining terms of this Agreement shall in any
way be affected thereby.
IN WITNESS WHEREOF, each of the Parties hereto has executed this
Agreement by having its authorized representative affix his/her name in the appropriate
space below:
CENTRAL PUGET REGIONAL TRANSIT THE CITY OF TUKWILA
AUTHORITY (SOUND TRANSIT)
L By: Y
Joa M. Earl, Chief Executive Officer Steven Mullet, Mayor
30
Date: Date: C� ►ti£2 d
Authorized by Ordinance l d
Approved as to form:
By: Z B y'
Stepl er A. eehy, Legal(�kunsel Michael R. Kenyon, �it� Attorney
U
31
Exhibit A
General Description of Light Rail Transit Way
(Attached Maps)
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SOUND TRANSIT
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Drawing No.:
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Sheet No.: Rev.:
Exhibit B
TFR Project Street Vacations
1) 35 Avenue S. for S. 154 St. Station
2) 48 Avenue S. for aerial trackway
3) 47 Avenue S. for aerial trackway
4) 49 Avenue S. for aerial trackway
5) S.138 th St. for aerial trackway
6) S.146 St. for aerial trackway, retaining wall and access to detention pond
B -1
Exhibit C
Legal Description for TFR Project
The TFR Project is comprised of the property commonly known as that depicted on
Exhibit A. A complete legal description of the TFR Project property is located in the
City's project file.
C -1
EXHIBIT B
Record of Decision
ATTACHMENT E
Summary of required Mitigation Measures
For the Initial Segment of the
Central Link Light Rail Transit Project
May 2002
Introduction
This attachment provides a summary of the mitigation commitments made by the Federal Transit
Administration (FTA) and Sound Transit for the Initial Segment' of the planned Central Link Light Rail
Project. This summary is provided in the Amended Record of Decision (Aniended ROD) to facilitate the
monitoring of the implementation of the mitigation measures and to give a sense of the nature of the
mitigation actions and associated impacts. However, this summary does not supersede or negate any of
the commitments for environmental mitigation established in the Central Link I inal EIS (November
1999), the Tukwila Freeway Route Final Supplemental EIS (October 2001), the Initial Segment
Environmental Assessment (February 2002), and the Section 106 Programmatic Agreement (December
1999) as amended. These documents, together with their associated published Drafts, constitute the FTA
environmental record for the project.
The mitigation measures identified for the Initial Segment in the FTA environmental record for the
project shall and must be implemented by Sound Transit if the project proceeds with FTA financial
assistance: These mitigation measures are now incorporated into the definition of the project, and Sound
Transit shall implement them, provide funding for their implementation, or ensure that other agencies
fund and implement them (although this would not alleviate Sound Transit's overall responsibility for
implementation). Sound Transit is prohibited from withdrawing or substantially changing any of the
mitigation measures identified in the environmental record for the project without express written
approval by FTA. ` In addition, any change to the project that may involve new or changed environmental
or community impacts not yet considered in the existing environmental record must be reviewed in
accordance with FTA environmental procedures (23 CFR Part 771) and approved by FTA.
Mitigation measures associated with the operation of the project are described first in Section 1 of this
Attachment Mitigation measures associated with the construction of the project are described second in
Section 2. The program for monitoring the implementation of the mitigation. measures is described at the
end in Section 3.
1 Operational /Long -Term Mitigation
1.1 TRANSPORTATION
1.1.1 Common to all segments
Mitigation Features of the Project
To improve non - motorized access, Sound Transit will work with local public transportation agencies,
communities and local governments to place and design transit facilities that fit with local community
plans. These facilities will include improvements within one -half mile of each station for safe, easy
pedestrian and bicycle access, consistent with existing Sound Transit policy recommendations. New
sidewalks will be provided on or immediately adjacent to light rail station property. At a minimum,
existing sidewalk widths will be maintained and any improvements will be sufficiently wide to
accommodate pedestrian volumes from light rail and will be designed to conform to City standards. New
The mitigation measures provided herein apply to the Initial Segment of the planned Central Link LRT
System that is the subject of the ROD of April 2002 and runs from the Convention Place Station (CPS) to S.
154th Street. The unqualified term, "project," used in this Attachment refers to this Initial Segment. Whenever
the longer Central Link Light Rail Project that includes more than the Initial Segment is the subject, the name
of that larger Central Link LRT Project will be fully spelled out so that there is no ambiguity.
sidewalks will be constructed for the area within %z mile of stations with respect to bicycles at all new
stations/facilities, Sound Transit will:
• Design facilities at new stations to provide ample space for maneuvering bicycles in and through
stations and on to vehicles:
• Provide a mix of storage lockers and racks.
• Provide storage areas open to circulation, on direct paths from access points, but not impeding
pedestrian and vehicular traffic flows.
• Designate areas, where possible, for storage expansion to accommodate bicycle ridership
increases.
In addition to the non - motorized facility improvements at stations, the following location- specific
trail facility improvements are included in the project design:
• Development of a Class I trail facility adjacent to the E -3 Busway and light rail alignment in the
North Duwamish area
• .. Development of Chief Sealth Trail crossings of MLK Jr. Way S. and Henderson Street in the
vicinity of Henderson Station.
• Development of a bicycle facility through the. Rainier Valley parallel to the light rail corridor.
• Improved signage for an existing on- street bicycle route through the Rainier Valley.
Hide- and -ride parking impacts and mitigation refer to the potential for some light rail users to use
unrestricted on- street parking in neighborhoods to access light fail stations. Hide -and -ride parking
impacts will be mitigated through a number of locally appropriate measures including new or expanded .
residential parking zones (RPZs), hourly and day of week parking restrictions, parking meters, monitoring
of use, enforcement and public education campaigns. RPZs are generally applicable on residential streets
with greater than 75 percent parking utilization, while parking restriction signs and meters are more
applicable in commercial business areas.
The potential for hide- and -ride and the best ways to mitigate the impact are unique to each individual
station area. Sound Transit will conduct additional parking surveys of on- street unrestricted parking
supply within 1/4 -mile to 2,000 ft radius of most proposed station locations approximately six months or
less prior to light rail system opening. All stations will be surveyed on two consecutive weekdays. The
average of these two days will be used for the before/after parking survey comparison. Table 1.1 -1
summarizes parking survey parameters by station.
Approximately six months after light rail system opening, Sound Transit will repeat the surveys
described above for all locations and times. In cases where on- street parking utilization is greater than 90
percent, the surveys after system opening will focus on whether utilization is increasing in areas greater
than 1/4 -mile from that station. Parking surveys will be collected on two consecutive weekdays similar to
the surveys conducted before the light rail system opens. The results of all surveys will be used to
identify mitigation measures.
Mitigation measures will be identified on a case -by -case basis for all locations where parking surveys
show that 50 percent or more of unutilized parking spaces prior to light rail implementation are utilized
after light rail begins operation. For example, if a block face shows a parking utilization rate of 60
percent before light rail implementation and a utilization of 80 percent or greater after light rail
implementation, Sound Transit will identify potential mitigation measures.
2
This increase threshold will be used for each block face to assess whether mitigation should be
considered. For locations exceeding the parking utilization threshold, Sound Transit and the local
jurisdiction will together determine the appropriate mitigation for each block face, if any.
For locations where the mitigation is accepted and approved by City staff and local community or
neighborhood groups, Sound Transit will provide funding for direct start-up costs of mitigation
proportional to the increase in parking related to the light rail project. In the case of residential parking
zones, Sound Transit expects the affected city to recoup on- going monitoring, enforcement, education,
and other operating costs from parking fines and permit fees.
The light rail system will include the following design features to enhance safety and minimize any
risk or exposure to traffic accidents along at -grade routes where the track -way runs within a roadway:
• Signs and pavement markings to advise vehicle drivers not to encroach on to the trackway area;
• Lighting along the at -grade route;
• Lighting all corners of signalized intersections (auto and pedestrian signals) along the at -grade
route;
• Clear delineation between the adjacent street and trackway that will be visual and tactile;
• Operating trains at speeds within the speed limit of the adjacent street on at -grade segments;
• Safe pedestrian crossing locations;
• Operating a high - intensity light on the train 'during all operating times;
• An active traffic control system that may consist of gates, signals, and audio warning devices to
notify pedestrians and motorists of an oncoming train; and
• .An intensive public information program to create awareness and discuss possible safety
features.
3
Table 1.1 -1. Summary of Project Parking Survey Parameters
Station Time of Day Survey Radius'
Royal Brougharn2 9:30 A.M. - 3:30 P.M. 0.25 mi. (1,320 ft)
S. Lander2 . - 9:30 A.M. - 3:30 P.M. 0.25 mi. (1,320 ft)
Beacon Hill2 9:30 A.M. - 3:30 P.M. 0.25 mi, (1,320 ft)
McClellan'- 9:30 A.M. - 3:30 P.M. 0.25 mi. (1,320 ft)
Edmunds2 9:30 A.M. = 3:30 P.M. 0.25 mi. (1,320 ft)
Grahame 9:30 A.M. - 3:30 P.M. 0.25 mi. (1,320 ft)
Othello= . . 9:30. A.M. - 3:30 P.M. - 0.25 mi. (1,320 ft)
2
Henderson 9:30 A.M. - 3:30 P.M. .0.25 mi_ (1,320 11)
Boeing Access Road 9:30 A.M. - 3:30 P.M. 0.25 mi. (1,320 ft)
North SeaTac (S. 154th) 9:30 A.M. - 3:30 P.M. 0.25 mi. (1,320 ft)
Note: Station list may change with the Sound Transit Board decision in November. 1999.
I Surveys at these stations will be conducted for tither the early morning or midday time period, but not both.
Early morning surveys will be conducted at these stations if the midday utilization is greater than 90%.
3 Survey radii will be 0.25 miles except in locations where parking utilization prior to Link implementation is 90% or greater.
1.1.2 Segment B -- Partial (Convention Place Station to Westlake Station)
Mitigation Features of the Project
There are no mitigation features of the project for this part of Segment B beyond those previously
identified as common to all segments:
1.1.3 Segment.0 (Westlake Station to S. McClellan Street)
Mitigation Features of the Project
Many of the physical improvements in the downtown put into place during retrofit of the downtown
transit tunnel will remain in place after construction completion and the start of operations of the Link
light rail. After Link light rail operation begins, the "Monitor and Maintain" committee (established prior
to the start of construction and includes members from Sound Transit, the City of Seattle, and King
County and may be expanded to include participation by other transit agencies) will review the various
transit surface mitigation measures that were put in place during construction to determine which
improvements continue to benefit downtown operations. The committee shall then make
recommendations to the appropriate local governing body as, to which mitigation measures may be
removed. It is acknowledged that the committee may not have jurisdiction over the implementation or
removal of these traffic mitigation measures.
A new traffic signal will be placed at the Lander Street/Beacon Avenue S. intersection near the
Beacon Hill Station, if the City of Seattle deems it warranted and required. This new signal will provide
a protected pedestrian crossing to the station and allow buses to safely cross as well.
Sound Transit is working with King County Metro to mitigate for the possible loss of parking at
Ryerson Base if the base is expanded. Options include providing temporary parking using WSDOT right -
of -way with long -term parking being accommodated in new structured parking at Central Base or a new
parking lot.
4
1.1.4 Segment D (S. McClellan Street to Boeing Access Road)
Mitigation Features of the Project
The recommended light rail signal priority system for the project in Segment D is a progression -
based system on MLK Jr. Way S. This system relies on the predictability of light rail vehicle arrivals,
eliminating the need for light rail vehicles to fully preempt traffic signals. This type of system minimizes
or eliminates impacts to eastbound/westbound movements and northbound/southbound left-tum
movements compared to a light rail signal preemption system. All existing and;new signalized
intersections will require timing and phasing revisions. Most of the LOS impacts at intersections from at-
grade light rail system are eliminated with the progression -based signal system:. However, there are six
intersections where improvements have been included in the project design to improve LOS to better than
No -build conditions and fully mitigate project impacts. These locations include:
• S. Columbian Way - add eastbound left -turn lane
• S. Graham Street - add :eastbound right -turn lane
• S. Myrtle Street - add eastbound and westbound left -turn lanes
• S. Othello Street - add eastbound and westbound left -turn lanes and restripe the eastbound curb
lane to an exclusive right -turn lane
• Renton Avenue S. - add westbound left -turn lane
• S. Cloverdale Street - add eastbound right -turn lane
All signalized intersections will require timing and phasing revisions. To mitigate impacts of
eliminating left -turn access at unsignalized locations, additional signals with northbound and/or
southbound left-turn lanes will be included at the following intersections:
• S. Dakota Street
• S. Edmunds Street
• S. Dawson Street •
• S. Holly Street
Passenger vehicles will be allowed to make U -turns at these locations. Protected pedestrian
crosswalks across MLK Jr. Way S. will also be provided. The following intersections will also be
signalized; however, left -turn lanes will not be provided on MLK Jr. Way S. at these locations:
• S. Hanford Street
S. Brandon Street/35th Avenue S.
A new traffic signal will also be added at the Rainier Avenue SJS. Forest Street intersection to
improve vehicular and pedestrian access to the McClellan station if the currently proposed bus service
integration plan is implemented by King County. If the plan is modified, the need for this signal will be
re- evaluated. A new traffic signal and truck u -turn is also added at Merton Way S. to facilitate better truck
circulation:
For additional crossing opportunities for pedestrians, pedestrian -only signals will be included on
MLK Jr. Way S. with the project at the following intersections:
• S. Andover Street
• S. Genessee Street (realigned street)
• S. Hudson Street
• S. Raymond Street
• S. Morgan Street
5
• S. Willow Street
• S. Holden Street
• S. Elmgrove Street
S. Thistle Street
S. Trenton Street
These added pedestrian -only signals, in addition to the signalized intersections, will minimize the,
walking distance required to reach a protected crossing of MLK Jr. Way S. Theyy will also enhance..,
pedestrian safety by providing additional protected pedestrian crossing opportunities. of MLK Jr. Way S. .
Final design of the at -grade sections will include evaluation and implementation where determined to
be appropriate of safety measures such as a visual element in the center of the tracks (424neh high
decorative fence, bollards and chain, or other similar feature) to discourage crossing the tracks except at
legal crosswalks. Another measure to be evaluated is an area for pedestrians to stand between or on one
or both sides of the rail tracks at legal crossing locations:
The project also includes a 6 -ft sidewalk with 4.5 -t planting strip on MLK Jr: Way S. throughout the
corridor. At station locations, the sidewalk width will be increased to 10 feet.
Additional Mitigation Commitments
Business /property owners will be directly compensated by Sound Transit when a portion of their
property is acquired by Sound Transit. If a portion of the area purchased was used for parking, Sound
Transit will work with the property owner on a case -by -case basis to replace lost parking.
1.1.5 Segment E (Tukwila)
Mitigation Features of the Project
Improve signal- timing adjustments at the Boeing Access Road/MLK Jr. Way S/Ryan Way intersection to
mitigate traffic from the. Boeing Access Road Station. Channelization and traffic signal modifications
will occur at Boeing Access Road/I -5 southbound ramps intersection to add the new south leg accessing
the Boeing Access Road Station and park- and -ride lot.
For the S. 154th Station, located at the intersection of International Boulevard (SR 99) and S. 154th
Street, crossing opportunities will be limited to the intersections. Additional sidewalks on S. 154th Street
will be provided on the south side from International Boulevard to 401 Avenue S. and along the north
side from International Boulevard to the park - and -ride driveway entrance. It is anticipated that sidewalks
along International Boulevard adjacent to the station will be provided by the City of SeaTac °as part of
their improvements along International Boulevard (scheduled for 2003) and/or as part of WSDOT:
widening of the SR 99/SR518 interchange.
With the Initial Segment, a shuttle bus operation will be included at the S. 154th Station to meet each train
and provide a direct connection to the airport.
Additional Mitigation Commitments
A westbound right -turn lane will be added on S 154th Street at its intersection with International
Boulevard.
A traffic signal will be provided at the driveway entrance to the S 154th Station park- and -ride if
required by signal warrants in the Manual on Uniform Traffic Control Devices.
6
Driveway access impacts due to column placement for the elevated structure will be mitigated by
driveway relocation or consolidation. Columns will be placed to minimize access impacts.
Sound Transit will mitigate clear zone impacts and potential future widening within freeway right -of-
way by placing the light rail as far from highways as practical. (22 -feet from the fog line of the road at a
minimum) and providing appropriate safety barriers between the light rail and highways as agreed with
WSDOT. Clear zone and safety barriers on Local streets will be coordinated with local jurisdictions.
Business/property owners will be directly compensated when a portion of their property is acquired
by Sound Transit. If a portion of the area purchased was used for parking, Sound Transit will work with
each property owner on a case -by -case basis to replace or compensate for lost parking.
Link park- and -ride facilities within the City Of Tukwila are not intended to replace paid parking for
airport passengers, and special enforcement policies will be developed in conjunction with the City of
Tukwila and Port of Seattle to allow park-:and-ride facilities at the S. 154th Station to remain available for
transit users. Enforcement.policies to be considered and implemented where determined to be appropriate
include time restrictions or permit requirements for park -and -ride users.
1.1.6. Maintenance Base Site M1 -D (Rainier Brewery/Roadway Express)
Mitigation Features of the Selected Maintenance Base Site
The maintenance base site selected to be built is located at the former site of the Rainier Brewery
between S. Forest Street, south of S. Hinds Street, Airport Way S., and Seventh Avenue S. The site (Ml-
D) requires the vacation of S. Hanford, S. Horton, and S. Hinds streets between Seventh Avenue S: and
Airport Way S. All truck access to businesses located west of the maintenance base will be from Sixth
Avenue.
Local Access
If the maintenance base vacates portions of public streets, creating a dead -end street, turn - arounds
will be constructed where required to accommodate large trucks and fire apparatus.
1.2 LAND USE AND ECONOMICS
1.2.1 Common to all Segments
Mitigation Features of the Project
At each station area Sound Transit shall work with the local jurisdictions, as possible, during the
Station Area Planning process to actively involve local businesses, neighborhood organizations, and local
residents to plan for development of land uses that effectively serve and support the unique characteristics
and needs of each station area.-
Sound Transit shall to the extent not inconsistent with federal requirements, follow its adopted
Guiding Principles for Employment and. Contracting.
1.2.2 Segment D. (S. McClellan Street to Boeing Access Road)
The Final EIS recognizes that the light rail project may have adverse impacts on certain businesses
located within the Rainier Valley and along Segment D. Sound Transit shall, therefore, implement 'a
community reinvestment program funded at a level of $50 Million ( "Community Reinvestment Fund ").
This Community Reinvestment Fund shall be used and available to assist the community and the
qualified local businesses, neighborhood organizations and community institutions within this area to
mitigate and offset adverse economic impacts that they may suffer due to the Link light rail and its
construction. The specific operational elements and program requirements of the Community
Reinvestment Fund shall be later established by Sound Transit in consultation with the City of Seattle and
community business representatives. (This Community Reinvestment Fund, although a project
requirement under this Amended ROD, is not considered part of the Link Light Rail Project funding and
will not contain either United States DepariMent of Transportation funds or Project local matching funds.)
1.3 ACQUISITIONS, DISPLACEMENTS AND RELOCATIONS
1.3.1 Common to all Segments
Mitigation Features of the Project
Sound Transit will contact all property owners whose property will be directly affected to answer
questions and provide additional information about relocation assistance services, payments, and .
reimbursement eligibility. Sound Transit's relocation assistance advisory services will include, but not be
limited to, measures, facilities, or services that may be necessary or appropriate to determine the
relocation needs and preferences of each household, business, and nonprofit organization to be displaced.
Sound Transit will provide current information on the availability, purchase prices, and rental cost of
comparable replacement dwellings.
Sound Transit shall work closely and proactively with families arid businesses to help them plan
ahead for relocation, assist them to find new homes or sites, and help solve problems as they may occur.
Interpreters will be used to assist those who do not feel comfortable speaking English to ensure
understanding of their choices and options. While the ultimate choice of relocation site will be up to the
affected family or business, Sound Transit will help with detailed investigation of possible locations.
Every reasonable attempt will be made to assist those who wish to remain in their neighborhood in
finding a new location close to their current site.
Sound Transit will compensate affected property owners according to the provisions specified in
Sound Transit's adopted Real Estate Property Acquisition and Relocation Policy, Procedures, and
Guidelines. These provisions are largely based on the federal Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 and Uniform Relocation Act Amendments of 1987 and on the
State of Washington's relocation and property acquisition regulations (468 -100 WAC). These benefits
vary depending on the level of impact, available options, and other factors.
Property owners whose entire or partial property is acquired by Sound Transit will receive just
compensation for their land and improvements. Just compensation is an amount paid to a property owner
for property acquired for public purposes which is not less than the market value of the property acquired,
including damages or benefits to the remaining property. Compensation will include any measurable loss
in value to the remaining property as a result of a partial acquisition.:
Sound Transit will pay for all normal expenses of sale, including escrow fees, title insurance, pre-
payment penalties, mortgage release fees, recording fees, and all typical costs incurred incident to
conveying title. The sale, however, will be exempt from real estate excise tax and no real estate
commissions are involved. All funds remaining at the end of sale closing will be released to the seller.
Other benefits and compensation may include payment of residential moving expenses and
replacement housing payments, nonresidential moving expenses, and reestablishment expenses. Sound
Transit's Business Acquisition and Relocation Handbook and Residential Acquisition and Relocation
Handbook outlines compensation and acquisition procedures in detail.
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1.4 NEIGHBORHOODS
Specific mitigation for impacts to neighborhood quality of life, social interaction, safety and security,
and social equity are described in detail in other sections of this mitigation plan (transportation, land use,
displacements, visual resources, air quality, and noise).
1.5 VISUAL RESOURCES
1.5.1 Segment D (S. McClellan Street to Boeing Access Road)
Mitigation Features of the Project
The elevated portion of guideway south of S. McClellan Station (options B and C) will cross S.
Winthrop Street, part of the Olmsted- planned .Cheasty Boulevard system. The project will include
Iandscaping, tree plantings and other streetscape improvements of Cheasty Boulevard along S. Winthrop
Street that will enhance its visual quality.
The project will require the removal of mature street trees and specimen trees along the east frontage
of the Rainier Vista housing development, a public landscape with high design quality that constitutes an
important community visual resource. The associated visual impacts will be partially mitigated by
replacement of the trees with new trees.
Streetscape improvements along MLK Jr. Way S. and S. Edmunds and S. Henderson streets will
include new trees and new or repaired curb, gutter and sidewalks that will improve the visual quality of
the area. To prevent possible land dereliction associated with the creation of remainder parcels difficult to
redevelop, the project will replant such parcels with grass or simple landscaping after project
construction, and pursue their redevelopment for land uses (including public open space) that are feasible
and consistent with neighborhood plans.
1.5.2 Segment E (Tukwila)
Mitigation Features of the Project
The presence of the elevated trackway running along the hill on the south side of Boeing Access
Road and removal of naturalized vegetation will have a low visual impact on an area which has potential
traditional cultural value to local Indian Tribes. Restoration of affected areas with native plant species
originally found on the site will reduce this impact.
Vegetative screening of the elevated guideway along the north side of SR 518 directly adjacent to
residential properties west of 42nd Avenue S. and apartments along S. 154th Street will be provided,
primarily consisting of coniferous trees, and where there no interference with the safe operations and
maintenance of the light rail trains and guideway.
1.6 AIR QUALITY
No significant impacts have been identified during operation and no mitigation is necessary.
1.7 NOISE AND VIBRATION
1.7.1 Common to All Segments
The following sections describe the mitigation measures that will be used throughout the project.
Utilizing the recommended noise and vibration mitigation measures, light rail and traffic noise impacts
and light rail vibration impacts could be attenuated. During final design, project modifications could
9
eliminate some of the currently projected noise and vibration impacts. These modifications will be
reviewed prior to finalizing mitigation needs.
Mitigation Features of the Project.
There are several operational measures that can be taken to assure that noise and vibration levels
related to light rail operation remain at the levels projected in the analysis. Table-1.7-1 provides a list of
measures that Sound Transit will perform on a regular basis and the benefit that each of the measures will
provide. In addition to the measures listed, Sound Transit will continue to research methods of
maintaining low project - related noise and vibration levels during normal system operation.; Purchasing
quiet light rail vehicles is an important step in minimizing noise impacts. Sound Transit will use lbw-
noise, current state -of -the -art vehicles.
Approaches to controlling wheel squeal will include one or more of the following:
Use lubrication and friction modification: Apply lubrication on the flange side of the rail and
friction modifiers on the running surface of the rail.
• Optimize rail and wheel profiles. It is often possible to reduce levels of wheel squeal through
modifications to the rail and wheel profiles:
Minimize contact with restraining rails.
10
Table 1.7 -1
Summary of Link Light Rail System -Wide Operational Mitigation Measures
Operational Measure System Benefit
Rail Grinding and Replacement
Wheel Truing and Replacement
Vehicle Maintenance
Operator Training
As rails wear, both noise levels from light rail by- passes and vibration levels
can increase. By grinding down or replacing worn rail noise and vibration
levels will remain at the projected levels. Rail grinding or replacement is
normally performed every three to five years
Wheel truing is a method of grinding down flat spots (commonly called
"Wheel flats ") on the light rail's wheels. Flat spots occur primarily because of
hard braking. When flat spots occur they can cause increases in both the
noise and vibration levels produced by the light rail vehicles.
Vehicle maintenance includes:performing scheduled and general maintenance
on items such as air conditioning units, bearings, wheel skirts, and other
mechanical units on the light rail vehicles. Keeping the mechanical system
on the light rail vehicles in top condition will also help to maintain the
projected levels of noise and vibration.
Operators will be trained to maintain Tight rail travel speeds at those speeds
given in the operation plan that was used for the analysis and to avoid "hard -
braking" whenever possible: As stated; "hard- braking" can cause wheel flats
and may also damage track. Furthermore, by training operators.to identify
potential wheel flats and other mechanical problems with the trains, proper
maintenance can be performed in a more timely manner.
Additional Mitigation Commitments
1.7.1.1 Noise mitigation measures
Following is a summary of the types of noise mitigation measures that are recommended. Some
combination of these recommendations will be used to eliminate all identified light rail and traffic noise
impacts:
• Install sound walls. Sound walls are considered the most effective noise control measure, and are
widely used to control traffic noise. In order to be effective, the walls must block the direct view
of the noise source and must be solid with minimal. openings. Sound walls will be used to
mitigate any light rail noise impacts when the alignment is elevated on a structure: For the at-
grade segments, a combination of sound walls and sound insulation (described below) can
eliminate all noise impacts.
• Provide sound insulation. Insulating affected structures can reduce noise levels inside those
structures, thereby eliminating any interior noise. impact. This technique does not, however
reduce exterior noise levels and is normally used for structures that have little or no outdoor use
at the facility.
Sound walls were evaluated as the primary type of mitigation for light rail noise impacts in areas
where the light rail alignment was elevated. The installation of four -foot sound walls on elevated
trackway will eliminate all noise impacts for elevated sections. Six to eight foot sound walls adjacent to
at -grade trackway, when not located in a roadway, or near receivers locations were also evaluated as
mitigation Measures: Sound walls for noise mitigation will occur in a few locations adjacent to receivers
and will be constructed at the property owners' discretion. No sound walls are proposed adjacent to in-
street trackway: Sound walls will be designed so the noise level at the affected structure will meet the
appropriate criteria, either FTA, FHWA, or in some cases both criteria. All decisions to use at -grade
sound walls will be coordinated with the affected property owner.
For those areas where sound walls are not a feasible and reasonable form of noise mitigation,
building insulation will be used to mitigate remaining light rail noise impacts in accordance with FTA and
11
FHWA regulations. The sound insulation will use the Housing and Urban Development (HUD) interior
45 dBA Ldn as the reference value for noise reduction for Light rail noise impacts, and the WSDOT 51
dBA peak hour Leq criteria for traffic noise impacts. For those locations where both light rail and traffic
noise impacts are identified, the interior levels will be required to meet whichever criteria required the
greatest level of noise reduction.
Finally, new development and redevelopment along the alignment can incorporate sound
considerations into site planning and building design. The planned redevelopment of two large public
housing projects in Segment D - Rainier Vista and Holly Park- provide opportunities to design these
facilities to reduce noise impacts and enhance community character and access. Redevelopment options
include creating a buffer zone between the road and new residences, incorporating a sound barrier or
constructing new homes so that interior noise levels meet HUD criteria. This process will mitigate
project noise impacts at both of these developments.. Sound Transit will work with local jurisdictions and
communities during the final design phase to further evaluate and develop appropriate mitigation.
1.7.1.2 Vibration mitigation measures
All of the projected vibration impacts will be mitigated using one of the mitigation measures
described below. The actual form of mitigation will be selected during final design.
• Ballast mat on top of a concrete pad in ballast and tie track;
• High resilience direct fixation fasteners;
• Resiliently supported ties;
• Spring- loaded switch frogs or ballast mats for areas where impacts may be caused by crossovers
and switches; and
• Altercating stiffness fasteners.
1.7.2 Segment B Partial (Convention Place Station to Westlake Station)
No significant impacts have been identified during operation and no mitigation is necessary.
1.7.3 Segment D (S. McClellan Street to Boeing Access Road)
Additional Mitigation Commitments
The project is projected to have 52 moderate light rail noise impacts:. The potential noise impacts
will be primarily at front -line residences bordering MLK Jr. Way S. There will also be the potential for
231 traffic- related noise impacts. All of the 52 receptors with potential light rail noise impacts have
traffic noise impacts because the roadway will be moved to accommodate the light rail. Most of the
front -line receivers along MLK Jr. Way S. currently have existing noise levels that meet or exceed the
traffic noise abatement criteria.
No potential vibration impacts axe projected along MLK Jr. Way S.
1.73.1 Noise Mitigation
Noise mitigation analysis in this segment was performed using a combination ofbuilding sound
insulation and sound walls. Where proposed, sound walls will be located adjacent to the affected
property. Noise impacts in this segrnent are divided into five separate sections for the purpose of
performing the mitigation analysis. The five sections are as follows:
• McClellan Street Station to S. Alaska Street;
• S. Alaska Street (including Edmunds Station) to S. Graham Street;
• S. Graham Street to S. Kenyon Street (includes Holly Park);
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• S. Kenyon Street to S. Henderson Street; and
• S. Henderson Street (including Henderson Station) to Boeing Access Road.
McClellan Station to S. Alaska Street (including- Edmunds Station): There is one Light rail and 40
traffic noise impacts projected in this section of Segment D. Twenty will use building sound insulation,
although four of the impacts may be mitigated with sound walls or building insulation. The remaining 16
impacts are in the Rainier Vista residential housing complex which is planned for redevelopment.
Mitigation of the remaining 16 impacts at Rainier Vista will be performed during the redevelopment by
2006. If the redevelopment is not completed prior to implementation of the light rail project, the noise -
impacted units will be mitigated using building sound insulation.
S. Alaska Street to S. Graham Streetfincluding Graham Station): This section of Segment D has 90
projected traffic noise impacts, 29 of which also have noise impacts related to light rail operations.
Fifteen of the impacts will be mitigated using sound walls or building insulation. All other impacts will be
mitigated using some form of building sound insulation. The walls will have a combined length of just
over 850 ft and have a height of approximately 6 ft
S. Graham Street to S. Kenyon Street (includes all of Holly Park): There are 42 projected traffic
noise impacts, with 18 of these impacts also having noise impacts due to light rail operations. All except
six of the impacts will be mitigated using some form of building sound insulation. The remaining six
impacts are located in Holly Park and will be mitigated as part of the planned redevelopment'of this area
by 2003. If the redevelopment does not occur prior to Iight rail implementation, the six units will be
mitigated using building sound insulation.
S. Kenyon Street to S. Henderson Street This section is projected to have 50 traffic noise impacts,
with seven of these impacts also having noise impacts due to light rail operations. Building sound
insulation or three sound walls totaling approximately 1,220 ft will be used to mitigate both the traffic
noise and light rail noise impacts at 13 of these receivers. All other impacts: will have some form of
building sound insulation applied as mitigation.
• S. Henderson. Street (including Henderson Station) to Boeing Access Road. There. are 25 traffic noise
and 13 light rail noise impacts projected in this section of Segment D. All noise impacts in this section of
Segment D can be mitigated. Thirteen of the impacts that both have light rail and traffic: noise impacts
will be mitigated with a sound wall or building insulation. All other impacts will be mitigated using
building sound insulation.
1.7.4 Segment E (Tukwila)
Additional Mitigation Commitments
Thirty nine potential light rail- related noise impacts were projected in this segment and none are
considered severe under FTA guidelines. There are also 8 projected vibration impacts in the segment.
1.7.4.1 Noise Mitigation
Noise mitigation will consist of sound walls, as previously described (see section 1.7.1, above), along
elevated or retained/cut at -grade sections of the alignment. The installation of four -foot sound walls on
elevated trackway will mitigate all noise impacts. The height and location of sound walls along
retained/cut at -grade sections will be determined during final design.
1.7.4.2 Vibration Mitigation
All of the projected 8 vibration impacts will be mitigated using methods described in Section 1.7.1.
The actual method will be determined during final design.
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1.8 ECOSYSTEMS
Increased impervious surfaces will result in increased stormwater runoff and decreases in water
quality. This impact can be mitigated with detention and treatment of stormwater runoff from new
impervious surfaces, as discussed in the Water Resources of the Final EIS.
1.8.1 Segment B — Partial (Convention Place Station to Westlake Station)
No significant impacts have been identified during operation and no mitigation is necessary.
1.8.2 Segment C (Westlake Station to S.,McClellan Street)
Additional Mitigation Commitments
The project will result in the loss ofapproximately 10,150 square feet of deciduous forest within city
of Seattle designated greenbelts. Tree removal within a city greenbelt will require replacement. planting.
Portions of the greenbelts disturbed by construction will be required to be replanted at a ratio of 100 trees
per acre and 1,600 shrubs per acre. A three -year maintenance plan is also required to provide survival of
the plantings:
1.8.3 Segment D (S. McClellan Street to Boeing Access Road)
Additional Mitigation Commitments
The project will fill approximately 5,000 square feet of wetland (AR -3) and remove approximately
1,500 square feet of wetland buffer. The compensation/restoration ratio for these wetland impacts is 2:1,
therefore approximately 10,000 square feet of wetland mitigation is required. Also, the.
compensation/restoration ratio for wetland buffer impacts is 1:1, therefore 1,500 square feet of buffer
mitigation is required. Mitigation could be accomplished either on or offsite. Wetland AR -3 is located
on Seattle City Light powerline right -of -way and private property. Ori -site opportunities to conduct
wetland creation or restoration at this site may be limited by the requirements of Seattle City Light. The
wetland currently consists primarily of mowed wetland grasses. With permission from Seattle City Light,
this wetland could be enhanced by removing invasive shrubs and grasses and replanting the site with
native wetland species. Potential for wetland restoration exists on privately owned land adjacent to
wetland AR -3. Fill material could be removed to connect wetland AR -3 with another wetland located
outside of the project limits. Dense blackberry thickets could be removed and replaced with native
wetland tree species. Blackberries in the buffer area could also be removed and planted with native
upland species to meet the buffer mitigation requirements. Offsite mitigation will also be pursued in the
event that on -site opportunities are not preferred. The final mitigation will be developed in conjunction
with the permitting agencies.
Several mature trees will be removed at the edges of deciduous forest patches. To minimize this
impact, saved trees will be clearly marked and disturbed sites will be landscaped with native trees and
shrubs.
1.8.4 Segment E (Tukwila)
Additional Mitigation Commitments
The Tukwila Freeway Route results in filling up to approximately 2.2 acres of wetland (AR -7, AR -8,
AR-49, AR -50), and will remove up to approximately 4.6 acres of wetland buffer. The
compensation/restoration ratio for these wetland impacts is 1.5:1, therefore approximately 3.3 acres of
wetland mitigation is required. Also, the compensation/restoration ratio for wetland buffer iinpacts is 1:1,
therefore approximately 4.6 acres of buffer mitigation is required. Mitigation could be accomplished on-
14
and/or off -site, although off -site mitigation will be located within the City of Tukwila where practical..
On -site mitigation options include:
1. Minimizing the footprint of the new construction through design modification, as practical, will
minimize the total wetland impact.
2. Restoring and enhancing AR -7 to provide a portion of the wetland mitigation requirement.
Wetland AR -7 is . situated on three parcels of land that are owned by Burlington Northein Santa
Fe railroad, Union Pacific railroad and WSDOT. Excavate fill material adjacent to AR -7 to
create additional wetland area. Remove garbage (e.g. building structure, appliances, tires, bed
frame) throughout the wetland and replace exotic invasive species with native wetland species to
enhance wetland functions.
Off -site mitigation may be necessary to achieve the 3.3 -acre required mitigation ratios. Off -site
mitigation could occur in conjunction with fisheries habitat restoration. Off -site, mitigation could be
accomplished at a different-location within the Duwamish River drainage basin. .Locations will be
selected incoordination with permitting agencies and/or the Watershed Restoration Group.
Mitigation for impacts on threatened and candidate fish species associated with bridging the
Duwarnish River could be- achieved by planting riparian trees on the river banks in the vicinity of the
project area or by making in- stream habitat improvements such as anchoring large woody debris within
the channel.. Mitigation measures for the Duwarnish River Bridge construction will include, but are not
limited to the. following: (1) Limiting in water construction to in -water work periods; (2) Spill control
such as silt curtains and oil booms; (3) Sediment and erosion control,BMPs; (4) Maintam specific
construction access points; (5) Limit clearing; and (6) Revegetate at least 500 ft of nearby banks of the
Duwarnish River with new trees and riparian shrubbery (assuming displacement of two 50 -ft -wide swaths
of existing bank vegetation and a 5:1 replacement ratio). The success of riparian vegetation will be
monitored by Sound Transit for a period of no less than 5 years after installation. Specific monitoring
locations will b.e identified in the futut'e in collaboration with the permitting agencies. Mitigation for
placement of Southgate Creek into a culvert will be achieved by stream channel habitat improvements
downstream of this area according to applicable regulations. Relocating the Southgate ,Creek stream
channel outside the alignment corridor will have less of an impact than placing it in a culvert, engineering
considerations require that culverting be retained as an option: Relocation of the drainage ditch which
conveys the northern unnamed tributary of Gilliam Creek (AR 50) will provide opportunity to mitigate
fisheries impact through the improvement of stream quality. These improvements may include
introducing sinuosity to this tributary; increasing complexity of habitat, and reduction in water
temperature through associated riparian plantings. Additional off -site mitigation could be achieved, as
needed, in the headwaters to Gilliam Creek located on the south side of SR 518. Mitigation for fisheries
impacts will be provided according to applicable regulations.
Tree removal at Wetlands AR-48, AR-49, and AR -50 could be mitigated through on -site wetland
enhancement. While trees could not be replanted at these locations, clearing could be limited and
planting plans could be prepared to revegetate areas disturbed by construction and also remove exotic
species and replace them with native shrubs and herb species. This type of mitigation may be difficult to
accomplish at AR-49 and AR -50 due to the confined nature of the wetlands at these Locations. Wetland
AR-48 is located in a less confined area. If property can be purchased or an easement can be obtained at
AR-48, mitigation for impacts on this wetland and AR -49, which is also in the Southgate Creek drainage
basin; could be accomplished at this site. Wetland mitigation-will be provided according to applicable
regulations.
15
1.9 WATER RESOURCES
1.9.1 Common to all Segments
Stormwater control techniques can mitigate the effects of long- and short -term hydrologic changes.
State and local regulations establish standards for detention, retention, and other methods of stormwater
control. In general, post - development runoff rates are required to match existing discharge rates which
can range from the 2-year up to the 100 -yr design storm event, dependent upon the point of discharge.
Mitigation is usually accomplished by reducing or attenuating peak runoff rates from a developed site, by
either detention (store and release to.surface waters) or retention (store and infiltrate or evapotranspirate
runoff).
Water quality impacts are generally regulated by federal and state guidelines, usually through
standards for receiving water quality and limitations on the generation and release of pollutants.
Washington State's Department of Ecology (Ecology) has established regulations to protect water quality
from point and non -point source pollution. A National Pollution Discharge Elimination System (NPDES)
permit will be obtained for construction and operation of this project. If a general permit is obtained,
specific discharge treatments, monitoring, and. reporting requirements applicable to individual project .
sites will be included for park- and-ride and maintenance facilities and stations.
Source controls will be used on developed sites to prevent pollutants from entering stormwater:
Source control Best Management Practices (BMPs) are intended to mitigate pollutants generated through
normal operation and use of buildings, roadways, park -and -rides, and other urban facilities:: Specific .
source control strategies have been developed for individual contaminants of concern and/or polluting
activities. ;They include the following:
• Preserve natural vegetation
• Establish buffer zones
• Contain wash water or discharge to sewer system
• Maintain permanent seeding or planting on exposed soil
• Maintain spill and fume control at paint facilities
• Maintain oil/water separators
Non -point source pollutants are removed from stormwater when suspended sediments are deposited
or trapped when plants uptake dissolved materials in stormwater. Non -point source pollutants are .
removed in conjunction with suspended solids, which can be accomplished by using wet ponds,
constructed wetlands, or wet vaults. Nutrient pollutants (including phosphorus, nitrogen, and organics)
and metals can also be removed through filtration and biological uptake facilities, such as constructed
wetlands and biofiltration swales.
Additional mitigation or treatment will be used on a site -by -site basis to remove pollutants if
appropriate. In general, estimates of pollutant loading and treatment system removal efficiencies indicate
that mitigation could reduce the concentrations of pollutants (total suspended solids, chemical oxygen
demand, metals, and nutrients) expected in runoff, relative to existing levels, on a long -term basis. Their
effectiveness at specific sites will be determined using water quality models.
Additional stormwater detention and treatment is not necessary in Segments A, B, and C because new
impervious surfaces in these areas are served by storm drains with adequate capacity.
16
1.9.2 Segment D (S. McClellan Street to Boeing Access Road)
Mitigation Features of the Project
Stormwater facilities such as detention ponds or vaults will be constructed if needed at the Henderson
Street bus layover area to mitigate potential hydrologic impacts. The capacity required to meet City of
Seattle regulations at this location is approximately 3,300, and will require approximately 3,600 ft2 of
treatment.
Widening MLK Jr. Way S. between the tunnel portal and S. Norfolk Street will create new
impervious surfaces. Runoff from this area generally drains to the City of Seattle's storm drainage
system, except for areas between S. Hanford Street and S. Columbian Way, which drains to a combined
sewer and between S. Trenton Street and Barton Avenue S, where it then drains to a CSO. A new storm
water collection system will be constructed on MLK Jr. Way S. This collection system will convey storm
runoff from the project area to the existing storm drain system (except at S. Henderson Street).
Stormwater runoff along MLK Jr. Way S. will be separated from the existing CSO for approximately
4,000 8 between Hanford Street and Columbian Way, which will reduce CSO events and reduce existing
impacts to receiving waters. The City of Seattle has indicated that the existing storm drainage
conveyance system at the south end of MLK Jr. Way has inadequate capacity. The City hired a
consultant to complete an analysis of the basin and preliminary findings.
The light rail project will require rebuilding MLK Jr. Way S. to include installation of a new storm
drainage collection system. This system will be sized to accommodate the design flows established in the
hydraulic study.
Construction of the light rail along MLK Jr. Way S. south of Beacon Avenue will result in a
negligible increase in impervious surface area because most of the area adjacent to the existing roadway
is either asphalt parking/shoulder or compacted gravel. At the time that the City hydraulic report is
completed, Sound Transit will establish the level of its participation in the recommended program of
storm drainage improvements, including detention and water quality facilities in the basin.
1.9.3 Segment E (Tukwila)
Mitigation Features of the Project
Stormwater detention facilities will be constructed to detain runoff from non - pollutant generating
segments of track and detention and treatment facilities will be provided at the park- and -ride facilities to
mitigate impacts of the increased polluting impervious surface, according to the King County Surface
Water Design Manual Level 2 requirements. Detention facilities will be located within existing freeway
right -of -way or property already required for acquisition. The detention facilities will be designed
according to the King County Stormwater Manual (1998) King County Level 2 standards and, will be
used for the preliminary volume estimates at the Boeing Access Road facility because it will discharge to
a wetland. According to Tukwila's Sensitive Areas Ordinance, stormwater discharge to this wetland will
be allowed after a site review. The Boeing Access Road park- and -ride will add approximately 155,000
square feet of impervious surface area. Stormwater detention will be provided for the additional
impervious area created by the project.
Water quality treatment such as oil/water separators and/or bioswales will also be provided at the
Boeing Access Road park- and -ride facilities to remove conventional pollutants associated with
automobile use. Bioswales were designed for each of these sites based on preliminary drawings.
Bioswale calculations will be made using the method recommended in the King County Surface Water
Design Manual (1998). Bioswales are assumed for water quality treatment because they will require the
most surface area, and represent a worst -case scenario for feasibility evaluation.
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Compared to existing conditions the park- and -ride facility at S. 154th Street will decrease total
impervious surface area and runoff by adding landscaping to an area that currently has none. This site
will also decrease total pollutant generating impervious surface. A bioswale or other treatment Best
Management Practices (BMPs) will be constructed at this site to treat runoff in accordance with the King
County Stormwater Design Manual.
None of the impervious surface generated by segments of track will be subject to vehicular use;
therefore, runoff from these areas will not be a measurable source of pollutants. Detention will be
provided for those sections of track that create new impervious surface area The specific locations of
detention facilities will be determined during final design but will be located in freeway right-of-way or
property already acquired for the project.
Compared to existing conditions the park- and -ride facility at, S. 154th Street will decrease total,
impervious surface area and runoff by adding landscaping to an area that currently has none. However,
this site will increase total pollutant generating impervious surface and a bioswale (approximately 6,000
ft2) or other treatment Best Management Practices (BMPs) will be constructed at this site to treat runoff
in accordance with the King County Stormwater Design Manual.
1.9.4 Maintenance Base Site
The maintenance base site reduces existing impervious surfaces. Stormwater runoff will be collected
and conveyed to storm sewers. On -site water quality mitigation will include: bi•swales or other treatment
for runoff from parking lots, treating and recycling wash water, using filters and oil/water separators prior
to discharge, requiring spill control in paint shops, and recycling grease.
1.10 .ENERGY
1.10.1 Common to all Segments
Mitigation Features of the Project
Sound Transit will incorporate relevant City, County, and Washington State energy code
requirements into all design aspects of the system, stations, maintenance facility, and parking areas.
Sound Transit will also work with Seattle City Light and Puget Sound Energy to design facilities to
conserve electricity.
1.11 GEOLOGY AND SOILS
1.11.1 Common to all Segments
Mitigation Features of the Project
Using the appropriate seismic parameters in the design of the system will reduce the impact of
earthquake shaking on the proposed light rail system. Damage due to soil liquefaction will be reduced or
eliminated by a number of methods. For at -grade alignments, the ground may be improved by densifying
or replacing potentially liquefiable materials that may be present beneath the alignments. The
liquefaction prone soils may be designed for by placing the light rail on a raft of non-liquefiable soils, by
founding the rails on piles, and/or by planning a maintenance schedule to re -level or repair system
components if settlement occurs. Elevated and tunnel alignments generally mitigate liquefaction
potential by the design of the structure. The appropriate level of mitigation will depend upon the severity
of the liquefaction hazard and the specific light rail components in those areas.
For existing steep slopes along the corridor, mitigation will be accomplished through the application
of proper engineering and design.
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1.12 HAZARDOUS MATERIALS
1.12.1 Common to all Segments
Mitigation Features of the Project
The project will implement standard operating procedures at the maintenance facility to address
management of hazardous materials as part of system operation. These procedures involve development
of a programmatic health and safety plan, worker training; materials use planning and tracking,
documentation, and a waste management program, in compliance with local, state and Federal regulations
and permitting requirements. Properties left with residual contamination will be clearly identified in
documentation provided to the state Department of Ecology.
1.13 ELECTROMAGNETIC FIELDS
1.13.1 Common to all Segments
No known significant unavoidable adverse impacts associated with electromagnetic
fields or electromagnetic interference are expected and, therefore, no mitigation is
anticipated.
1.14 PUBLIC SERVICES
1.14.1 Common to all Segments
Mitigation Features of the Project
Sound Transit will incorporate the following mitigation measures to help ensure system safety and
minimize the potential impacts of light rail operation on public services:
• Develop a system safety and security program that defines activities and management controls,
plans, and monitoring processes to prevent patrons, personnel, and property from being exposed
to hazards or unsafe conditions during light rail operation. The program will be developed in
close coordination with local fire, police, and other public service agencies as part of Sound
Transit's emergency management plan. The program will also
— Incorporate safety considerations, compatible with other system requirements into light rail
facilities, equipment, plans, and procedures to minimize the potential for accidents during
operation.
— Identify and eliminate or minimize hazards associated with light rail and eliminate or
minimize to ensure acceptable safety levels.
- Implement a safety certification program that requires all elements of a safe transit system
are present before revenue service begins.
Maintain a proactive safety philosophy that emphasizes preventive measures over corrective
measures to eliminate unsafe conditions.
- Analyze and use historical data generated by the newer transit properties with characteristics
similar to light rail to support the system safety program.
— Coordinate safety and fire/life safety considerations with reliability, maintainability, and
identified testing activities.
• Design and operate stations to provide patron safety and station security through architectural
configuration and station design; electronic monitoring, sensing, and communications; and
manned surveillance, including the following: (Many of these concepts are designed for deep
tunnel stations, but where feasible or deemed necessary will be applied to other stations.)
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- Design stations to be open and spacious, well -lit, and uncluttered with open access and high
ceilings.
- Minimize turns in public circulation areas, avoid or minimize interior columns, and avoid
blind corners or nooks that are beyond a patron's or a security camera's field of vision.
- Provide clear and direct access from a station entry to a station platform by limiting the
number of entry points and avoiding long corridors or walkways.
- Provide uniform lighting throughout the station area and place fare machines in one location .
per entrance.
Install closed circuit television (CCTV) surveillance cameras at strategic locations to
effectively cover public areas. CCTV will be located to provide adequate coverage of all
entry points; fare machines, money changers, and bank machines; paths from entry to
platform, including corridors, stairs, escalators, and entry points to elevators; in elevators of
deep tunnel stations; platform areas; emergency telephone locations; and any vending and
other self - service areas.
- Install a public address system to provide information to transit passengers. This system will
be used in conjunction with CCTVs to address emergencies or antisocial behavior., and will
provide adequate coverage of all public areas in stations.
- Install passenger assistance telephones that provide direct contact with security or emergency
response personnel. These phones will likely be located in fare collection and platform
areas, near a CCTV camera, and will be prominently identified.
- Provide security personnel to rove between stations. These personnel will likely be
contracted with local law enforcement or private agencies, but could also be provided
directly by Sound Transit. More precise needs for manned surveillance will be determined
as the safety and security program advances.
• Implement system security criteria at and around station sites that enhance patron security
through: ensuring maximum visibility of the entrances and the facility from adjacent areas;
planting vegetation that does not hinder fields of vision; providing adequate lighting and site
accessibility; and provide clear lines of sight of parking lots, adequate illumination, and ease of
access for surveillance.
• Provide radiocommunication capabilities for emergency train operations and police and fire
emergencies; provide two -way communication capability from within elevator cabs between the
patron and the light rail operations.
• Install and maintain an intrusion and alarm system to protect against unauthorized entry into
security sensitive areas of the system such as fare vending machines, traction power substations,
and money counting and storage rooms; lock or otherwise prevent access to tunnel and elevated
sections when the light rail system is closed wherever possible.
• Develop an emergency management plan in close coordination with Seattle, Tukwila, SeaTac,
King County, and Port of Seattle police and fire departments, transportation divisions, and others
through Sound Transit's Fire -Life Safety Committee during preliminary and final design, and
construction, and operation of the proposed facilities. This plan will provide that reliable
emergency access is maintained, alternate plans or routes are developed to avoid delays in
response times, and general emergency services are not compromised.
• Work with local police departments to implement crime prevention through environmental
design (CPTED) principles when feasible. This will include design elements such as installing
appropriate lighting around the station areas, tunnels, parking facilities, and other system
facilities, and incorporating other design features to help deter crime.
• Work with local fire and police departments to address training necessary to teach personnel
about the light rail system facilities (tunnels, elevated sections, at -grade crossings) and
operations.
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• Work with local school districts to educate school officials and children about the light rail
system and safe street - crossing procedures, especially on at -grade sections.
• To reduce effects on response times, design at -grade tracks and curbs that will physically allow
crossing by emergency vehicles if determined appropriate.
• Completion of hazard analysis for fire/life /safety issues in the joint operations of the downtown
tunnel.
1.15 UTILITIES..
1.15.1 Common to all Segments
Mitigation Features of the Project
Based on design measures and coordination with utility service providers, impacts to utilities during
light rail operation will be minimal. Sound Transit will continue to work with utility providers to
minimize any potential service interruptions and to conserve resources. The light rail project will include
the following measures to prevent or minimize potential operational impacts on utilities:
• Coordinate with both municipal and private utilities to ensure acceptable and safe relocation of
manholes and other access points for ongoing utility maintenance once light rail is in operation;
adopt design standards for providing .access for repair and maintenance of utilities.
�. Design the system to reduce the effect of stray current, install devices to reduce the impact of
stray current between the traction system and the utilities facilities, or replace particularly
susceptible metallic utility infrastructure with nonmetallic materials.
• Coordinate with affected water utilities and local fire departments to ensure that access to fire
hydrants and water use, especially at the maintenance facility, does not compromise flow
required for fire protection.
• Comply with applicable utility policies and strategies as specified in the adopted operational
Seattle, Tukwila and King County comprehensive plans (as applicable) including those
provisions related to levels of service, conservation strategies, and coordination of service
providers. Sound Transit will discuss the undergrounding of relocated aboveground utilities with
the local jurisdictions.
• Incorporate and comply with Seattle, Tukwila, King County and the State of Washington (as
applicable) energy, building and fire codes, design guidelines, and other requirements applicable
to utilities into all design aspects of the system, stations, maintenance facility and parking areas.
• Use industry- standard methods to reduce the potential impacts of vibration on underground pipes
and special infrastructure concerns such as lead joint pipes; closely coordinate with utility owners
to determine appropriate measures to protect against potential elevated and at -grade Link facility
settlement.
1.16 HISTORIC AND ARCHAEOLOGICAL RESOURCES
Mitigation measures for historic and archeological resources are described in the Programmatic
Agreement, and its amendments, between the FFA, State Historic Preservation Officer (SHPO), and the
Advisory Council for Historic Preservation (ACHP).
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1.17 PARKLANDS
1.17.1 Segment D (S. McClellan Street to Boeing Access Road)
Mitigation Features of the Project
Improvements to Cheasty Boulevard will be prepared in consultation with the Seattle Parks
Department. Improvements will include:
• . New sidewalks, landscaping, lighting, and street trees along Cheasty Boulevard in the light rail
station area in a manner compatible with the documented Olmsted design concepts. for Seattle's
boulevards.
• Reconnecting the Olmsted- designed Cheasty Boulevard and Mt. Baker Boulevard by providing
at -grade pedestrian and bicycle access across Rainier Avenue S. and MLK Jr. Way S.
Minimizing to the extent practicable the physical encroachment into the right -of -way of Cheasty
to the extent practicable the obstruction of views from Cheasty Boulevard toward
Mt. Baker Boulevard.
1.17.2 Segment E
The Tukwila Freeway Route will cross over the DuwamishlGreen River Trail on an elevated
structure. Support columns for the elevated trackway will be placed as faraway from the trail as
practical. The mitigation measures for the alignment crossing the Ray - Carrossino Farmstead is provided
in the Amendment to the PrograrnmaticAgieement between FTA and the SHPO and ACHP,
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2 Construction 1 Short Term Mitigation
2.1 TRANSPORTATION
2.1.1 Common To All Segments
All mitigation measures will comply with local regulations governing construction traffic control and
construction trick routing. Sound Transit will finalize detailed construction mitigation plans in close
coordination with local jurisdictions, King County Metro, and other affected agencies and organizations.
Mitigation measures for traffic and freight impacts due to light rail construction will include the following
practices:
• Follow standard construction safety measures, such as installation of advance warning signs,
highly visible construction barriers, and the use of flaggers.
• Post advance notice signs prior to construction in areas where surface construction activities will
affect access to surrounding businesses.
• Provide regular updates to assist public school officials in providing advance and ongoing notice
to students and parents concerning construction activity near schools.
• Coordinate street sweeping services in construction areas with construction activity, particularly
areas with surrounding residential and retail development.
• Use lighted or reflective signage to direct drivers to truck haul routes, to provide visibility during
nighttime work hours.
• As possible, schedule traffic lane closures during off -peak hours to minimize delays during
periods of higher traffic volumes.
• Cover potholes and open trenches during non- construction hours where possible, and use
temporary concrete or other protective barriers to protect drivers from trenches remaining open.
• Post advance warning and install temporary traffic cones and markings to provide that peripheral
surface activities do not adversely affect pedestrian and bicycle traffic.
• Develop a multi -media public information program (e.g. print, radio, posted signs and electronic
web page) to provide information regarding street closures, hours of construction, business
access, and parking impacts.
• Provide temporary parking to mitigate loss due to construction staging or work activities, where
practical.
• Work with King County Metro to post informative signage well before construction at existing
transit stops that will be affected by construction activities, and to identify ways to relocate
and/or close affected transit stops.
• Work with King County Metro to identify ways to relocate or modify trolley wires in
coordination with in -street excavation and construction, to allow electric trolley buses to continue
operating during construction.
These mitigation measures apply to all segments in the light rail corridor and all maintenance base
options. Segment - specific construction mitigation measures have been identified for Segments .B and C
only, as described in the following sections.
2.1.2 Segment C (Westlake Station to S. McClellan Street)
Closure of the Downtown Seattle Transit Tunnel (DSTT) will be required for a period of up to 26
months, during which time downtown streets will need to accommodate the buses that currently operate
in the DSTT. Surface street modifications necessary to maintain acceptable operating levels will be
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completed before closing the DSTT. Construction of the pre - closure surface street improvements may
require up to 12 months.
To mitigate impacts of the DSTT closure and improvements on both transit riders and automobile
users Sound Transit shall form a committee with the City of Seattle, King County and Community Transit
and may be expanded to include participation by other transit agencies. to provide adequate facilities and
measures to assure that public transit can effectively serve the central business district and that other
users' needs are accommodated. The committee will agree on performance and; travel time standards for
buses operating on surface streets. The committee will also establish a monitoring program and make
recommendations on changes to downtown street operations necessary to meet and maintain those ;.
performance standards during project construction. The committee will also consult with and seek the
input of downtown Seattle, Seattle neighborhood and suburban stakeholders. Improvements that have
been identified include:.
Operational Improvements on North/South Streets
• Bus routes that currently use the bus tunnel will be reassigned to 2"d, 3`d and 4`" Avenues to
group routes serving similar rider markets grouped together to provide higher service frequency,
add rider convenience and simplify bus routes, through downtown.
• Bus stops on 2°d, 3`d and 4d' Avenues will be modified, expanded and/or relocated to optimize
bus flow, traffic impacts and to balance passenger demand at stops.
• To help facilitate the movement of pedestrians, autos and buses at key intersections uniformed
police officers will be used to direct traffic during the peak periods.
• During the construction period buses will be concentrated on 3rd Avenue with the following
operational conditions:
• Traffic circulation on 3`d Avenue will be allowed at all times but in the peak periods, autos
will only.be permitted to make right turns onto and off 3rd Avenue to provide opportunities
for passenger pick -up, deliveries and circulation for vehicles entering and exiting side -street
parking garages.
• Through traffic on. 3`d Avenue between Stewart Street and Yesler Way will be restricted to
public transit buses charter buses, and emergency vehicles on weekdays from 6 -9 a.m. and 3-
6 p.m. Additional analysis will be performed to determine if the hours of restricted operation
can be reduced.
• Some bus stops will be modified, closed or new ones added. Buses will operate in a skip
stop pattem.
• When the modifications are first put in place, autos on 3`d Avenue will be allowed to make
left turns during the midday. However, if the monitoring program finds that this movement
results in impacts to transit travel time and reliability, midday left -turn restrictions will be
instituted.
Connections to 1-5 in North Downtown
Providing transit priority in the north downtown area will occur with the following improvements:
• Split the buses bound for I -5 in the afternoon between Pike Street, Olive Way and Virginia
Street.
• Route Community Transit and Sound Transit buses on Pike Street. (Currently only trolley
service operates on Pike Street.) Add a second bus stop and shelter on the south side of Pike
Street east of Sixth Avenue.
• Add a transit -only contra -flow lane on Ninth Avenue between Olive Way and Stewart Street and
reconstruct the intersection of Ninth Avenue and Olive Way to allow buses to enter and exit
Convention Place Station (access for the I -5 reversible lanes).
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• Add a peak period transit only lane on Olive Way between Fourth Avenue and Boren Avenue
(eliminate westbound auto lane between Boren Avenue and Howell Street). Using the transit
lane on Olive Way, operate buses in a skip -stop pattern.
•
Connections in South Downtown
To accommodate the volume of buses entering downtown from the south and I -90 and to reduce
impacts of bus travel times, bus volumes will be split between Fourth Avenue S; and Fifth Avenue S. In
addition, the following changes are recommended:
• Prefontaine Place will be a transit only street at all times.
• 3rd Avenue south of Yesler Street will be restricted to public transit buses, charter buses and
emergency vehicles on weekdays from approximately 6 -9 a.m. and 3 -6 p.m.
• Establish a contraflow lane on 5 ' Avenue South between Jackson Street and Washington Street.
Allow auto use of the 5th Avenue South contraflow lane between Jackson Street and Washington
Street, but require autos to turn right at either Main Street or Washington Street. Monitor transit
travel time and reliability to determine if the transit only contra flow lane should be extended
north from Washington Street to Terrace Street, and to determine if auto use of the contraflow
lane is affecting bus travel time. .
• Provide transit priority on Royal Brougham Way, 6`h Avenue South, and Airport Way between
the E -3 busway and South. Jackson Street.
Sound Transit will work with the Downtown Seattle Association and other interested parties to
develop a campaign to promote the downtown area during the construction period.
Construction activities in Segment C will impact the Burlington Northern Santa Fe Railroad activity.
Coordination with the railroad will be necessary to minimize impacts during construction.
2.2 LAND USE AND ECONOMICS
2.2.1 Common To All Segments
Mitigation measures that reduce impacts to local businesses during project construction include:
• Establish effective communication with residents and businesses; develop and implement a
public relations plan that will provide that local residents and businesses are fully informed about
potentially significant disruptions: such as temporary closures; out of the ordinary
construction noise, vibration, light, or glare; changes in transit service; and parking availability..
Sound. Transit will work with community and neighborhood groups prior to and through the
construction process to identify types of impacts that will occur and to work on ways to reduce
those impacts.
• Provide a community ombudsman.
• Minimize construction - related noise, vibration, dust and dirt impacts through appropriate
construction methods to minimize impacts during periods of increased sensitivity. Maintain
access to businesses during construction activities.
• Clearly identify and make accessible paths to and from major transportation facilities, such as
designated pedestrian routes, bicycle lanes, bus routes and stops, designated truck routes, and
tunnel entrances.
• Work with affected business owners, chambers of commerce, merchants associations and others
to develop a business marketing program to minimize business losses during construction. The.
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program could include a shuttle bus and/or increased transit service to affected areas, additional
signage, advertising and promotion, and incentives to attract and retain customers.
• Request the assistance of local ethnic community organizations to help tailor business marketing
programs to the specific needs of ethnic business owners whose customers are mainly from a
single ethnic group.
• Provide business cleaning services on a case -by -case basis.
• Work with Community Capital Development and/or similar organizations to assist affected
businesses in gaining access to technical assistance and small business loans or grants.
• Develop a.24 -hour monitoring center that provides telephone access for the public to get
construction information and to make complaint and incident reports:
• Develop a mitigation commitment tracking system that will provide a computerized record of all
mitigation commitments and a means to track progress toward meeting those commitments.
2.2.2 Segment .D (S.. McClellan Street to Boeing Access Road)
Mitigation measures as described at Section I.2.2 shall apply here.
2.3 ACQUISITIONS, DISPLACEMENTS AND RELOCATIONS
Mitigation for acquisitions, displacements and relocations is described in Section 1.3.1.
2.4 NEIGHBORHOODS
2.4.1 Common To All Segments
Noise, vibration, visual, aesthetic, and traffic impacts during construction could temporarily affect
neighborhood quality. Mitigation for these impacts is described in other sections of this attachment.
2.5 .VISUAL RESOURCES
2.5.1 Common To All Segments
Temporary lighting will be necessary for nighttime construction of certain project elements or at
tunnel portals and along surface or elevated sections in existing road or highway rights -of -way (to
minimize disruption of daytime traffic). This temporary lighting could impact residential areas by
exposing residents to uncomfortable glare from unshielded light sources, or by increasing ambient
nighttime light levels. Temporary lighting impacts will be reduced by shielding light sources to block
direct views from residential areas, and by aiming and shielding to reduce spillover lighting in such areas.
The community ombudsman referenced in Section 2.2.1 shall work with the affected community to seek
to minimize temporary lighting impacts.
2.6 AIR QUALITY
2.6.1 Common To All Segments
Construction activities primarily generate particulate matter (PM,(' and PM2,5), as well as small
amounts of CO and NOx from construction machinery exhaust and vehicular traffic delayed in -
construction zones. Specific sources of particulate will be dust from earth moving- excavation activities
(termed fugitive dust) and diesel smoke and odors created during paving of station areas, parking lots, and
roads.
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The Puget Sound Clean Air Agency enforces air quality regulations in King County, including those
for controlling fugitive dust (Regulation 1, Section 9.15). Contractors engaged in construction: activities
must comply with this regulation, which requires the use of best available control technology to control
fugitive dust emissions. Controls used to meet this standard require the following actions:
• Use water spray as necessary to prevent visible dust emissions - particularly during demolition of
brick or concrete buildings by mechanical or explosive methods.
• Minimize dust emissions during transport of fill material or soil by wetting down or by ensuring
adequate freeboard on trucks.
• Promptly clean up spills of transported material on public roads by frequent use of a street
sweeper machine.
• Cover loads of hot asphalt to minimize odors.
• Schedule work tasks to minimize disniption of the existing vehicle traffic on streets:
• Keep all construction machinery engines in good mechanical condition to minimize exhaust
emissions.
2.7 NOISE AND VIBRATION
2.7.1 Common To All Segments
Noise Mitigation
Several methods of noise mitigation are available for the contractor to use that will help keep noise
level increases and irripacts to a minimum. Whenever feasible, noise barriers will be built between the
construction site and nearby noise sensitive receiver locations. Operation of construction equipment
during nighttime hours (10:00 P.M. to 7:00 A.M.) or. on Sundays or legal holidays, will be restricted to
the limits of the construction sites that have noise barrier walls. All engine-powered equipment will be
required to have mufflers installed according to the manufacturer's specifications and all equipment will .
be required to comply with pertinent equipment noise standards of the U.S.. EPA. During nighttime work,
either smart backup alarms or spotters will be used to reduce noise from equipment operating in reverse
gears. Sound Transit will limit the use of impact or impulse tools and activities that produce the highest
noise levels to daytime hours of 8:00 A.M. to 5:00 P.M., or as specified in noise regulations and
variances. As stated, maximum noise levels associated with pile driving could reach 105 dBA at
distances of 50 ft. Mitigation of the noise associated with pile driving could include auguring piles, rather
than driving piles, or limiting the time during which the activity can take place. Pile driving will be
restricted to daytime hours of 8:00 A.M. to 5:00 P.M.
Truck haul routes will be selected to have the least adverse effect on noise sensitive receivers (e.g.
residential) and will be subject to approval of the local jurisdiction.
Sound Transit will obtain noise variances to noise control regulations from the local government
jurisdictions and the State of Washington where necessary to address conditions specific to the project.
Vibration Mitigation
The construction contract specifications will contain a section specific to vibration, and include, at a
minimum, vibration monitoring of all activities that produce vibration levels near the U.S. DOT
maximum recommended vibration level whenever there are structures located near the construction
activity. This includes pile driving, vibratory sheet installation, soil compacting, and other construction
activities that have the potential to cause high levels of vibration.
27
Vibration mitigation includes limiting the hours when the vibration producing equipment can be used
near sensitive receivers. Mitigation for the tunnel -boring machine may riot be necessary due to the
geologic conditions and type of machine expected to be used for the project. Elimination of vibration .
related to pile driving is not feasible, however, the use of an augur to install piles instead of a pile driver
will greatly reduce the noise and vibration levels. By restricting and monitoring vibration- producing
activities, vibration impacts from construction will be kept to a minimum.
During high vibration - producing activities such as pile driving and shoring' installation, there is a
potential for settlement and small movements of nearby structures. Design and installation of suitable
shoring systems and other mitigation will reduce the potential of settlement related damage. Other
mitigation includes underpinning adjacent structures, installing recharge wells to reduce de- watering
induced settlement, and/or re- leveling and repairing impacted areas following construction. In addition,
pre-construction condition surveys and during- construction monitoring programs for neighboring
structures will be conducted and repairs ,rnade as necessary.
The community ombudsman referenced in Section 2.2.1 shall work with the affected community to
seek to minimize the impacts of noise and vibration.
2.7.2 Segment B — Partial (Convention Place Station to Westlake Station)
Construction Noise
Convention Place Staging Area: The Convention Place staging area is proposed as a constriction
staging area (but not applicable here for Capitol Hill construction no longer in the Initial Segment.)
and cut - and -cover construction will take place on Pine Street that will require the partial closure of
Pine Street from just east of Seventh Avenue to Interstate 5. Cut- and - cover construction on Pine.
Street could cause temporary re- routing and delays for public transit, emergency response, and
vehicle travel times.. It will also cause utility pipes, Imes, cables and other infrastructure to be ...:.. _
relocated. There are several noise sensitive land uses in the vicinity, including the. Carnlin Hotel and
the Tower 801. Other sensitive uses include the Washington State Convention Center, the
Paramount Theatre and nnscellaneous retail and commercial use structures. Construction noise at the
surface will be limited by City of Seattle noise ordinances, with such variances as will be negotiated
with the City to allow the necessary limited night -time and weekend surface work activities required
to support the underground construction. The Contract will require the Contractor to select
equipment and working methods to meet the terms of the noise ordinance, as amended by variance,
which may also require a continuous noise -wall around the perimeter of the station construction
staging area.
Additional mitigation may include portable noise barriers and enclosures, and restrictions on haul .
truck speed.
Construction Vibration
Convention Place Staging Area: Vibration sensitive land use near the Convention Place staging area
include residential and hotel, and potentially some theaters. Mitigation and monitoring of vibration
producing activities, as described in Section 2.7.1 and above should be sufficient for vibration control in
this area. If specific complaints are received, mitigation will include restricting some vibration producing
activities during nighttime hours when the impacts have the greatest affect on the nearby sensitive land
uses.
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'2.7.3 Segment C (Westlake Station to S. McClellan Street)
Construction Noise
Major noise sources associated with the construction of Segment C include haul trucks, loaders,
cranes, excavators, and tunnel locomotives. Other noise producing sources such as compressors,
conveyors, backhoes, generators, fans and blowers, and light duty vehicles will also be required. Current
plans call for major construction staging areas to be located west of I -5 at the west portal, and at the
Rainier Valley portal. An additional staging area will also be placed at the Beacon. Hill Station.
Mitigation for construction noise at these locations is the same given in Section 2.7.1 with the following
addition:
Beacon Hill Station and Tunnel Portals: Land use around the Beacon Hill Station includes residents,
churches and schools, and is considered an area with a high potential for construction noise impacts.
Construction of the underground structures at this location will require 24 -hour shifts , at times for 7 -days
a week. Construction noise at the surface will be limited by City of Seattle noise ordinances, with such
variances as will be negotiated with the City to allow the necessary limited night -time and weekend
surface work activities required to support the underground construction. The Contract will require the
Contractor to select equipment, and working methods to meet the terms of the noise ordinance, as
amended by variance, which may also require a continuous noise -wall around the perimeter of the station
construction staging area.
Land use at the Rainier Valley tunnel portal includes residential to the west, and commercial and
retail to the south and east. Because . the residential area to the west is up hill from the portals and
construction staging areas, mitigation of noise from the staging areas may be difficult: Construction
activities at this location will be required to meet the local noise control ordinance however, at certain
periods during construction, such as when the tunnel boring machine reaches the tunnel east portal after
construction of the tunnels from the west, and during certain tunnel finishing operations, 24 -hour shifts
may be necessary for a short period. Land use around the west portal construction staging area is I -5
freeway, industrial uses and open space. This is the principal TBM tunnel constniction staging area for
Beacon Hill. This West Portal area will be used 24 -hours a day 6-days a week throughout the tunnel
construction, with all the tunnel materials and muck removal being trucked to and from here. For these
24 -hour operations, a noise variance from the City of Seattle may be required. The Contract will require
the Contractor to select equipment and working methods to meet the terms of the noise ordinance, as
amended by variance. These mitigation measures, along with those given in Section 2.7.1, will mitigate
noise impacts.
Construction Vibration
Major vibration producing activities and equipment likely to be used in Segment C include tunnel
excavation using a boring machine, tunnel and shaft excavation by conventional methods, and possible
soil compacting or pile driving. A construction vibration monitoring program along with public meetings
and the vibration mitigation measures given in Section 2.1 .2 are recommended in this area
2.7.4 Segment D (S. McClellan Street to Boeing Access Road)
Construction Noise
Because the alignment is at -grade through this segment, construction noise levels are not expected to
be as high as projected for the tunnel construction staging areas. As sections of track are finished, the
construction activity will move away and begin working on other sections.
If nighttime construction activities are performed, mitigation measures may be necessary and could
include temporary noise barriers and restriction of certain types of activities, such as excavation and
demolition. The mitigation measures provided in Section 2.7.1, along with information provided here,
should be sufficient to mitigate construction noise levels along Segment D.
29
Construction Vibration
The only major vibration producing activities expected in this segment are pavement demolition and
soil compacting the track bed prior to track installation. The vibration mitigation measures provided in
Section 2.7.1 should keep any vibration impacts to a minimum.
2.7.5 Segment E (Tukwila)
Construction Noise and Vibration
Construction of the elevated section of the alignment could involve the use of pile driving, which can
cause noise levels in excess of 100 dBA at nearby noise sensitive receivers. Therefore, pile driving, if
used will be performed only during daytime hours. Otherwise, the mitigation measures provided in :. .
Section 2.7.1 should be sufficient to mitigate construction noise and vibration levels along the Tukwila
Freeway Route,
2.7.6 Maintenance Base Site
No construction noise or vibrations impacts are expected at the maintenance base site
2.8 ECOSYSTEMS
2.8.1 Common To AB Segments
Mitigation for short-term ecosystem impacts will be based on a hierarchy of avoiding and minimizing
impacts and compensating for unavoidable adverse impacts. The implementation of best management
practices (BMPs) such as silt fencing, stabilizing exposed soils, landscaping with native plants, marking
the limits of clearing, and collecting runoff during construction will minimize impacts on wetlands,
wildlife, and fish. Minimization of the construction footprint will reduce new and existing impervious'
surface area: Additional Mitigation measures are described. below.
In many instances, construction timing can reduce or eliminate impacts on wetlands, fish habitat;. and
threatened and endangered species. Restricting construction in wetland areas to the drier summer months
minimizes the impact on those wetlands that flood only during winter and early spring months and
reduces wetland impacts caused by stormwater runoff. Staging areas will be located outside of wetlands
or potential wildlife habitat.
Impacts on some fish species will be avoided by using methods to avoid or minimize in -water work.
If in- water work is required, it will be conducted during construction windows established by the
appropriate regulatory agencies, including the Washington Department of Fish and Wildlife. The
hydraulic project approval permit (HPA) will specify construction periods. The project will comply with
the conditions of the HPA and all other applicable permits. To avoid sediment runoff to the Duwamish
River and its tributaries and adverse effects on salmonids and other fish species, a temporary erosion and
sedimentation control plan and BMPs will be implemented (see Water Resources). At construction sites
over or near the river and its tributaries, water quality will be measured regularly throughout the
construction period to ensure control measures are in place and functioning properly.. Removing
invasive riparian vegetation and re- vegetating and monitoring the disturbed areas will minimize the
degradation of properly fiinctioning stream channel conditions. Additionally, the light rail transit cars will
be designed to prevent pollutant releases.
2.8.2 Segment C (Westlake Station to S. McClellan Street)
Potential impact of removal of tunnel spoils will be mitigated by implementation and strict of
BMPs to control sediment runoff along the truck route and stockpile site.
30
2.8.2 Segment E (Tukwila)
Wetland impacts that could occur during construction in this segment include increased sediment and
pollutants in runoff from exposed soils and construction equipment, and placement of temporary fill for
construction access . The Boeing Access Road Station footprint is approximately 50 ft from a wetland
and will temporarily impact less than 0.10 acre of the wetland buffer during construction. Mitigation for
these impacts include the best management practices and timing restrictions identified at the .beginning of
this section.
Impacts on migrating chinook and coho salmon could occur due to increased turbidity in the
Duwamish/Green River (AR -45, 46) resulting from bridge construction over the Duwamish/Green River
and construction in the vicinity of Gilliam Creek (AR -52, 53, and 55) and the mainstem of Southgate
Creek (AR -48). Impacts on listed fish can be minimized by performing in -water construction, between
July 16 and October 31, when chinook salmon are not migrating through the project area and by
implementing best management practices during construction.
2.9 WATER RESOURCES
2.9.1 Common To All Segments
Water quality degradation resulting from erosion and sedimentation and the release of pollutants
during construction will be minimized through the use of BMPs. An NPDES permit will be obtained for
construction activities associated with this project. The NPDES permit requires development of a Storm
Water Pollution Prevention Plan (SWPPP) for erosion and sedimentation control and for control of
pollutants other than sediment. The SWPPP documents all of the BMPs reconunended for specific
construction sites. Table 2.9 -1 summarizes general BMPs that are recommended for construction sites.
Table 2.9 -1. Temporary Erosion and Sediment Control Best Management Practices
Category Applicable BMPs
Preventative practices
Preservation of existing vegetation
Identification and delineation of sensitive areas
Buffers
Temporary cover practices
Temporary seeding
Straw mulch
Bonded fiber matrices
Clear plastic covering
Structural erosion control BMPs
Stabilize construction entrance
Tire wash
Construction road stabilization
Dust control
Interceptor dike and swale
Check dams
Sediment retention
Filter fence
Storm drain inlet protection
Sedimentation basins
31
Further requirements will apply to specific construction sites limit in -water construction to designated
construction periods. A variety of special BMPs are available to mitigate construction impacts at
crossings or adjacent to streams or watercourses. In addition, temporary creek bypasses will be
constructed to route creek water around work sites during pipe replacement or extension. Bypasses will
be designed to handle high flows during storm events.
2.9.2 Segment C (Westlake Station to S. McClellan Street)
Dewatering of the tunnels could impact water quality at the discharge points. Construction water will
be pre - treated prior to discharge to either the storm or sanitary sewer systems in accordance with permits
and regulations:
2.9.3 Segment E (Tukwila)
BMPs for instream work and sediment and erosion control will be implemented during construction
and fill activities near river and creek crossings and those activities associated with culvert extensions.
2.9.4 Maintenance Base Sites
With construction practices described in Section 2.9.1 maintenance facility construction is not
expected to have any significant impacts to water resources.
2.9 GEOLOGY AND. SOILS
2.10.1 Common To AB Segments
To control erosion and sloughing during construction, contractors will employ BMPs within the
construction limits. These BMPs will be consistent with Subsection K of Section 80 of the King County
Sensitive Area Ordinance (King County, 1990), as amended, sand other local ordinances, and will include
one or more of the following:
• Minimize areas of exposure.
• Retain vegetation where possible, especially on steeper slopes.
• Seed or plant vegetation that is appropriate on exposed areas as soon as work is completed.
• Route surface water through temporary drainage channels around and away from disturbed soils
or exposed slopes.
• Use silt fences, temporary sedimentation ponds or other suitable sedimentation control devices to
collect and retain possible eroded material.
• Cover exposed soil stockpiles and exposed slopes with plastic sheeting, as appropriate.
• Use straw mulch and erosion control matting to stabilize graded areas and reduce erosion and
runoff impacts to slopes.
• Intercept and drain water from any surface seeps if they are encountered.
• Incorporate contract provisions allowing temporary cessation of under certain, limited
circumstances, if weather conditions warrant.
• Install final retaining walls in front of cut -and -fill slopes as soon as scheduling permits.
Underground construction will generate large volumes of spoils. Potential impacts include erosion at
stockpile and disposal sites. Erosion mitigation is discussed above.
For tunneling and mined stations, standard mitigation measures will minimize the erosion potential
of the spoils and stockpiles. A closed -face. positive pressure tunnel boring machine could reduce the
32
need for dewatering during tunneling. Using the mitigation discussed for construction- induced
vibrations and settlement will help to alleviate settlement- related impacts.
2.11 HAZARDOUS MATERIALS
2.11.1 Common To All Segments
A formalized health and safety plan and a contaminated soil and groundwater management plan will
be required before construction work begins. Public health and safety measures will be implemented to
minimize exposure through both airborne and direct contact routes. Increased setbacks, additional
barriers to public access, and expeditious removal of contaminated materials may be required to limit
contact by the public. The health and safety plan will also identify measures to ensure construction
worker safety, outline emergency medical procedures, and specify reporting requirements.
The soil and groundwater management plan will specify methods and procedures for stockpiling,
transportation, disposal, and treatment of contaminated soil, as well as groundwater removal, storage,
treatment, discharge (to sewer), transportation, and disposal. Most encounters with hazardous materials
are expected to involve petroleum products that will be managed using standardized approaches and in
accordance with the Washington State Department of Ecology policies, procedures and requirements.
Throughout the construction process, encounters with hazardous materials will be documented and
reported appropriately. Project planning will accommodate regulatory agency requirements as well as
disposal or treatment facility requirements.
2.11.2Segment C (Westlake to McClellan Street)
Handling of contaminated material encountered during tunnel and station excavation and
contaminated groundwater pumped during dewatering will be handled per techniques described in
Section 2.11.1.
2.11.3 Segment E (Tukwila)
Impacts will be mitigated using the techniques described in 2.11.1
2.11.2.2.11.4 Maintenance Base Site M1 -D (Rainier Brewery/Roadway Express)
The M1 -D site has had two petroleum releases to soil. This maintenance base site is situated on top
of a historic landfill with reported releases to groundwater. All impacts will be mitigated using .
techniques described in Section 2.11.1
2.10. 2.12 ELECTROMAGNETIC FIELDS
There will be no electromagnetic impacts or mitigation during construction.
2.11 2.13 PUBLIC SERVICES
2.13.1 Common To All Segments
Sound Transit will continue to work with the cities of Seattle, Tukwila, SeaTac, King County, and
Port of Seattle police and fire departments, transportation divisions, and others through Sound Transit's
Fire -Life Safety Committee during project construction to ensure that reliable emergency access is
maintained and that alternate plans or routes are developed to avoid significant delays in response times.
Sound Transit will coordinate with local police departments to ensure adequate staffing during
33
constriction for traffic and pedestrian movement control and other necessary policing efforts. Additional
staffing requirements and financial responsibilities for police services required during construction will be
determined in collaboration with the local police departments. Sound Transit will coordinate with fire
departments and hospitals during water utility relocations (see Utilities) to prevent water supply, .
disruptions to these facilities, and it will notify school districts of major construction activities that may
affect bus routing during the upcoming school year Alternative solid waste collection locations,
modified collection times, or other elements to minimize potential impacts to solid waste collection
operations will be developed in coordination with solid waste haulers. Mitigatibn for construction of .a
maintenance base will be similar to that described above.
2.14 UTILITIES
2.14.1 Common To All Segments
Primary measures to mitigate impacts to utilities during construction include identifying affected
utilities, developing technical solutions to relocate or protect them, identifying funding sources, .
developing a work plan that minimizes impacts on both utility service and light rail construction, and
minimizing potential interference between light rail and utility operation and maintenance functions.
These measures include the following:
• Sound Transit will seek to establish formal agreements with local jurisdictions, including
requesting enforcement of applicable provisions: of existing franchise, license, and other utility
agreements to allow light rail implementation:
• Sound Transit will provide utility relocation benefits associated with relocation of existing city-
owned utilities in accordance with city code or charter provisions. Incremental costs of upgrades
will be funded by the city.
• Compensation for relocation of private_ utilities in public rights -of -way will be funded by the •
utility, unless Sound Transit finds the relocation costs constitute an "extraordinary expense."
This will unfairly burden the utility, in accordance with the agency's Real Property Acquisition
and Relocation Policy, Procedures, and Guidelines and applicable state and federal law.
• If construction disrupts private utilities within the private utility's easement or on private
property, Sound Transit will provide utility relocation benefits.
• General utility relocation and protection methods for crossings parallel and installations have
been established.
• Sound Transit will use utility company base maps as the primary source of the utility information
and conduct a limited program of field surveys and reconnaissance to check accuracy of utility
locations before final design and construction. The agency will request that utility companies
review the accuracy of the base maps.
• Sound Transit may complete design of private utility relocations in public rights -of -way in
accordance with the utility's criteria and Sound Transit guidelines. If conflicts arise, the more
restrictive provisions will govern.
• Utilities relocated or protected in conjunction with light rail will be turned over to the utility
company to own, operate, and maintain.
In addition, the following measures are proposed:
• Continue to meet with and coordinate closely with both municipal and private utilities to ensure
minimal impact to utilities during construction, including acceptable and safe relocation of
manholes and other maintenance access points.
• Work with Seattle City Light and Puget Sound Energy to maintain energized electrical lines to
provide continuous service to their customers during construction; and maintain clearances of
34
temporary and permanent overhead lines and poles according to Washington Administrative
Code safety standards.
• Develop a contingency plan to address any potential utility service disruptions during
construction and notify utility customers of planned disruptions, if any
• Comply with city requirements and procedures for utility construction, inspection, and operation;
coordinate relocations and large service connections with SeattIe's Utility
Committee and similar entities:
• Use temporary pipe support trench sheeting and shoring, and other precautionary measures
during construction to minimize the potential for damage to exposed utilities.
• Mitigation for construction of a inaintenance base will be similar to that described above.
2.15 HISTORIC AND .ARCHAEOLOGICAL RESOURCES
Mitigation measures for historic and archaeological resources are described in the Programmatic
Agreement, and its amendments, between the FTA, State Historic Preservation Officer, and
Advisory Council on Historic Preservation. 2.15 PARKLANDS
Mitigation for the loss of vegetation in parks and greenbelts is discussed in Section 1.8.
2.15.1 Segment D (S. McClellan Street to Boeing Access Road)
Construction of the elevated structure across Cheasty Boulevard, and the McCIellan Station (options
B and C) immediately north of the boulevard, may require temporary street closures and impede access to
the boulevard. To the extent feasible, closures will be minimized and temporary access will be provided.
Construction activities will also generate noise, dust, and thick traffic that could have an adverse effect on
the boulevard. Mitigation measures for these impacts are discussed in Section 2.1, 2.6, and 2.7.
2.15.2 Segment E (Tukwila)
The Tukwila Freeway Route will cross the river and the Duwamish/Oreen River Trail on a new
bridge adjacent to the existing Interurban bridge — impacts will include construction noise and vibration
from truck traffic and the use of heavy equipment for the placement of the structure foundation, and dust
The impacts will be mitigated by providing a temporary trail detour and restoring the site to pre - project
construction conditions. Mitigation for the loss of vegetation in parks and greenbelts is discussed in
Section 1.8. If necessary, trail detours will be developed during work across or above the trail. Dust will
be mitigated through use of dust control measures.
3 Mitigation Monitoring Program
When a project is unusually complex and the FTA environmental record for it consists of multiple
documents, FTA requires that a mitigation monitoring program be established during fmal design,
construction, and start -up. The purpose of the mitigation monitoring program is: (1) to assist the transit
agency in fulfilling its commitments set forth in the many environmental documents, and (2) to give FTA
a means of checking that its mitigation requirements are, in fact, being met. The Initial Segment is such a
project.
Therefore, Sound Transit will establish a program for monitoring the implementation of the mitigation
measures identified for the project in the FTA environmental record. The Amended ROD provides
35
information on the monitoring program required. In addition, in broad terms, the monitoring program
will consist of three activities:
1. The maintenance and updating of the list or database of mitigation commitments by Sound Transit.
This Amended ROD appendix, perhaps with added specificity in the mitigation descriptions, or with -
references to appropriate pages of the environmental documents where the added specificity may be
found, should serve as an initial version of the mitigation database: As various required consultations are
conducted, the mitigation actions resulting from those consultations would be added to the database. For
example, the Section 106 Programmatic Agreement calls for consultation with SHPO on various design
issues, and the mitigation of parking impacts requires consultation with local jurisdictions, etc.
Additional updates may be needed as various Federal permits, such as NPDES or Section 404 permits, are
received. Any conditions on those permits relating to mitigation of project impacts would be added to the
database.
2. Tracking the status of implementation of the mitigation measures by Sound Transit.
Sound Transit would assign a party (e.g., a design or construction contractor or in -house department)
responsible for implementing each measure, or the mechanism (a particular contract) for implementation
would be stated. The current status of the implementation of each measure would be indicated.
3. Periodic review by Sound Transit and FTA.
Sound Transit will periodically review with FTA the status `of the implementation of the mitigation
actions.. Normally, the Project Management Oversight quarterly review meetings would be the forum for
this review, but other meetings focused primarily on this subject may also be used.
The mitigation monitoring program is intended to ensure that FTA and Sound Transit are fulfilling their
responsibilities and living up to their commitmertts. If Sound Transit has existing procedures in `place that
will accomplish this end, new procedures are not needed.
36
City of Tukwila
Washington
Ordinance No. ZO/ 0
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE A
DEVELOPMENT AND TRANSITWAY AGREEMENT WITH SOUND
TRANSIT FOR DEVELOPMENT OF THE TUKWILA FREEWAY ROUTE
PROJECT, AND TO ALLOW THE NON EXCLUSIVE USE OF CERTAIN
AREAS OF THE PUBLIC RIGHTS -OF -WAY; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City is a non charter optional municipal code city, incorporated
under the laws of the State of Washington, with authority to enact laws and enter into
development and right -of -way agreements to promote the health, safety, and welfare of
its citizens; and
WHEREAS, the Central Puget Sound Regional Transit Authority "Sound Transit
is a regional transit authority, created pursuant to RCW Chapters 81.104 and 81.112,
with all powers necessary to implement a high- capacity transit system within its
boundaries in King, Pierce, and Snohomish Counties, including the right to construct
and maintain facilities in public rights -of -way without a franchise (RCW 81.112.100 and
RCW 35.58.030); and
WHEREAS, in 1996, pursuant to State law, Sound Transit proposed, and Central
Puget Sound voters approved, financing for a ten -year regional transit plan known as
Sound Move; and
WHEREAS, Sound Move includes the Central Link Light Rail System "Central
Link connecting the cities of Tukwila and Seattle, which will provide numerous
benefits to Tukwila's residents, workers, and visitors, and which will help the City meet
its Comprehensive Plan goals; and
WHEREAS, one component of the Central Link is the Tukwila Freeway Route
Project, located within the City and which requires development approvals and the use
of certain portions of City rights -of -way for the construction, operation, and
maintenance of the transit system; and
WHEREAS, the City and Sound Transit are authorized to enter into a development
agreement pursuant to RCW 36.70B.170 through .210, to establish and vest development
standards, define mitigation, and consolidate permit and environmental review
processes for the benefit of the parties and the public; and
WHEREAS, the City Council is required by State law to conduct a public hearing on
this development agreement, and the City has mailed approximately 15,000 notices of
such hearing, and has otherwise properly posted and published notice as required by
law; and
WHEREAS, the City Council conducted a public hearing on this matter at its regular
meeting on September 7, 2004; and
Transit way 9/2104 1 of 2
WHEREAS, Sound Transit seeks the City's approval for permanent use by the light
rail system of property on, under, and above City streets and rights -of -way in order to
satisfy the continuing control requirements of the Federal Transit Administration; and
WHEREAS, the City holds City streets and rights -of -way for the convenience of
public travel, and is authorized to grant Sound Transit the right to use such streets and
rights -of -way;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Findings. The City Council finds that the development and operation of
the Tukwila Freeway Route Project is consistent with and promotes applicable
provisions of the Tukwila Municipal Code and applicable policies of the City's
Comprehensive Plan.
Section 2. Authorization. The Mayor is hereby authorized to execute an agreement
between the City and Sound Transit, substantially in the form attached to this
ordinance, to implement development standards for the Tukwila Freeway Route
Project, and to authorize Sound Transit's use of City streets and public rights -of -way for
the Tukwila Freeway Route Project, subject to the terms of the agreement.
Section 3. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to
be invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 4. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City, and shall take effect and be in full force five days
after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Special Meeting thereof this 20 day of Se f) Y Y) ink 2004.
I
ATTEST/ AUTHENTICATED:
P)Db_ui t -)4_123(1kA___
Jane E. Cantu, CMC, City Clerk
APPROVED
'Office the C' ttor{�ey
Transitway 9/10/04 2 of 2
Y:
cl;;
Steven M. Mullet, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
lc) .7) 0 Li.
/)Q. 24.OL
/A. 2G. 04-
20(r1)
SOUND TRANSIT
MOTION NO. M2004 -104
A motion of the Board of the Central Puget Sound Regional Transit Authority
authorizing the Chief Executive Officer to execute a Development and Transitway
Agreement with the City of Tukwila for the Central Link Light Rail Initial Segment,
specifying the terms and conditions for development of the Tukwila Freeway
Route Project and to allow the use of City of Tukwila street right -of -way; and to
execute all other subsequent agreements as may be necessary to implement this
Agreement, subject to approval of the 2005 budget.
Background:
On November 18, 1999, the Sound Transit Board of Directors approved the alignment for
construction of the Central Link Light Rail System from South 200th Street to Northgate. An
alternative route through the City of Tukwila was proposed by the City and Sound Transit
committed to study the requested alternative alignment and directed preparation of a
Supplemental Environmental Impact Statement (EIS). A Draft Supplemental EIS was issued on
October 20, 2000, and on February 8, 2001 the Sound Transit Board identified the TFR as the
preferred alternative for the purpose of completing the Supplemental EIS. On September 27,
2001, the Sound Transit Board identified the preferred Initial Segment extending from South
154th Street to Westlake, subject to completion of environmental review. The Final
Supplemental EIS was issued November 16, 2001 and Sound Transit also issued a State
Environmental Policy Act (SEPA) Addendum for the Initial Segment on November 16, 2001.
On November 29, 2001, the Sound Transit Board adopted the Initial Segment, including the
Tukwila Freeway Route (TFR). An Environmental Assessment for the Initial Segment was
issued on February 5, 2002. The Federal Transit Administration (FTA) issued an Amended
Record of Decision (ROD) on May 8, 2002. The ROD states the FTA's decision, identifies the
alternatives considered by the FTA in making its decision, and concludes that the federal
environmental process is complete for the Central Link Light Rail Transit and TFR Project.
Sound Transit issued a SEPA Addendum for the TFR Project in August 2004.
On October 3, 2003, Sound Transit submitted land use permit applications to the City to permit
development of the TFR Project. The TFR consists of approximately 4.9 miles of trackway, a
bridge over the Duwamish River, the South 154th Street Station, two park- and -ride lots at the
Station, five detention ponds, three traction power substations and street improvements. After
many months of discussions, Sound Transit and City staff reached agreement on an approach
that included obtaining City Council approval of three major land use permits and a
Development and Transitway Agreement. Sound Transit and City staff agreed that this
approach would serve as the most appropriate and effective mechanism to obtain and
implement the land use permit approvals, establish an efficient process for future administrative
permits, authorize use of City streets and satisfy Federal Transit Administration "continuing
control" requirements.
In a separate action, on July 1, 2004, the City's Director of Planning and Community
Development issued an Administrative Parking Determination that established parking
requirements and conditions for the TFR Project. This Parking Determination resolved the City's
most significant concern about the impact of the TFR Project in its community. The Parking
Determination was not appealed and became final and effective on July 15, 2004.
On August 20, 2004, City staff issued a Staff Report to the City Council that recommended
approval of the three land use permits and the Development and Transitway Agreement. After
proper notice and public hearing as required by RCW 36.70B, on September 20, 2004, the City
Council approved the land use permit applications and authorized the Mayor of Tukwila to
execute the proposed Development and Transitway Agreement.
Motion:
It is hereby moved by the. Board of the Central Puget Sound Regional Transit Authority that the
Chief Executive Officer is authorized to execute a Development and Transitway Agreement with
the City of Tukwila for the Central Link Light Rail Initial Segment, specifying the terms and
conditions for development of the Tukwila Freeway Route Project and to allow the use of City of
Tukwila street right -of -way; and to execute all other subsequent agreements as may be
necessary to implement this Agreement, subject to approval of the 2005 budget.
APPROVED by the Board of the Central Puget Sound Regional Transit Authority at a regular
meeting thereof held on October 28, 2004.
John .Ladenburg
Boar Chair
ATTEST:
Mar is Walker
Board Administrator
Motion No. M2004 -104 Page 2 of 2