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HomeMy WebLinkAboutTrans 2013-02-26 COMPLETE AGENDA PACKETCity of Tukwila Transportation Committee ❖ Kate Kruller, Chair ❖ Joe Duffie ❖ Dennis Robertson Distribution: K. Kruller J. Duffie K. Hougardy D. Robertson Mayor Haggerton D. Cline K. Matej B. Giberson F. Iriarte R. Tischmak G. Labanara S. Kerslake Clerk File Copy 2 Extra e -mail pkt pdf to A. Le e -mail cover to: C. O'Flaherty, D. Almberg, B. Saxton, S. Norris, M. Hart AGENDA TUESDAY, FEBRUARY 26, 2013 Time: 5:15 PM Place: Conference Room #1 (6300 Building) Item Recommended Action Page 1. PRESENTATION(S) 2. BUSINESS AGENDA a) Cascade View Elementary Safe Routes to School a) Forward to 3/4/13 Regular Pg. 1 Consultant Contract Amendment No. 1 Consent Agenda b) Tukwila Urban Center Transit Center b) Forward to 3/11/13 C.O.W. Pg. 19 Two Interlocal Agreements with King County Metro and 3/18/13 Regular Meeting 3. SCATBd c) • SCATBd 2012 Annual Report c) For Information Only Pg. 51 • SCATBd January 15, 2013 Meeting Summary • SCATBd February 19, 2013 Meeting Agenda • SCATBd Revised 2013 Work Program - Draft • SCATBd 2013 Message to the Legislature 4. MISCELLANEOUS 5. ANNOUNCEMENTS Future Agendas: Next Scheduled Meeting: Tuesday, March 12, 2013 t} The City of Tukwila strives to accommodate individuals with disabilities. Please contact the Public Works Department at 206 - 433 -0179 for assistance. p TO: City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton Transportation Committee FROM: Bob Giberson, Public Works Director '#) BY: Robin Tischmak, City Engineer DATE: February 22, 2013 SUBJECT: Cascade View Elementary Safe Routes to School Project No. 91210301, Contract No. 13- Consultant Contract Amendment No. 1 ISSUE Execute Contract Amendment No. 1 with David Evans and Associates, Inc. (DEA) to provide right -of -way acquisition services for the Cascade View Elementary Safe Routes to School project. BACKGROUND In May 2012 the City received a state funded grant award as part of the Safe Routes to School Program to be used for school. The grant funds were awarded to provide the construction of a pedestrian /bicycle trail between S 137th St and S 140th St (along the 32nd Ave S alignment) and also for education /encouragement activities for the students of Cascade Elementary. The DEA contract is related only to the trail construction component of the grant. DEA was selected to provide engineering design services for the trail project. The design contract for $38,783.00 is already in place and did not need Council approval as it was under $40,000.00 (contract is attached for reference). The City needs to acquire property rights to construct the trail across private property. Amending the DEA, Inc. contract to include right -of- way acquisition services causes the total contract to exceed $40,000.00 and now requires Council approval. DISCUSSION DEA has prepared the attached Contract Amendment No. 1, scope of work, and fee estimate to provide the necessary right - of -way acquisition services to construct the trail. The $25,675.00 cost is reasonable for the scope of work. FINANCIAL IMPACT Contract Budget Design Contract $38,783.00 $55,000.00 Right -of -Way 25,675.00 78,000.00 Totals $64,458.00 $133,000.00 The remaining design budget is intended to be used to meet the education /encouragement component of the grant award and the remaining right -of -way budget is intended to be used to compensate property owners for the necessary property. RECOMMENDATION Council is being asked to approve Contract Amendment No. 1 with DEA in the amount of $25,675.00 to provide right -of -way acquisition services for the Cascade View Elementary Safe Routes to School project and consider this item on the Consent Agenda at the March 4, 2013 Regular Meeting. Attachments: Contract Amendment # 1, Scope of Work and Fee Estimate Vicinity Map Page 3, 2013 CIP Original contract W.\PW Eng1PROJECTSIA- RW & RS Projects\Safe Routes to SchoollCascade View\info Memo Contract Amendment 1.docx 1 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number: CONTRACT FOR SERVICES Amendment #1 Between the City of Tukwila and David Evans and Associates, Inc. That portion of Contract No. between the City of Tukwila and David Evans and Associates, Inc. is amended as follows: Section I: SCOPE OF WORK Additional Scope as described in Exhibit A. Section V: PAYMENT Additional payment in the amount of $25,675 shall be added to the contract (see Exhibit B). The new maximum amount payable is $64,458. All other provisions of the contract shall remain in full force and effect. Dated this day of , 20 CITY OF TUKWILA CONSULTANT Jim Haggerton, Mayor Manuel Feliberti, Associate ATTEST /AUTHENTICATED APPROVED AS TO FORM City Clerk City Attorney CA: 2012 Page 1 of 1 2 Exhibit A Supplement No. 1 Scope of Services for the City of Tukwila Cascade View Elementary Safe Routes to School This Supplement provides right -of -way services. Abeyta and Associates will be a subconsultant to David Evans and Associates, Inc. TASK 5.0 RIGHT -OF -WAY See Attachment A for the scope of services for Abeyta and Associates to provide right -of -way acquisition services for the project. S: ITRANSIDEAX00301TukwilalCascade View Elem PathlScope and BudgetlExhibitA DEA Scope Cascade View 20130219.docx Page 1 Cascade View Elementary Safe Routes to School Scope of Services 3 Attachment A Scope of Services for Right -of -Way Services by Abeyta and Associates for the City of Tukwila Cascade View Elementary Safe Routes to School EXECUTIVE SUMMARY This proposal is prepared for DEA, Inc. for right -of -way acquisition services for the Cascade View Safe Route project located in the city of Tukwila. These services will be furnished in accordance to state laws and Local Agency Guidelines Manual, and Washington State Right of Way Manual (M26 -01). The overall objectives are: 1. Negotiation services for 3 parcels: partial acquisitions for roadway improvements. 2. Determine property values for each parcel to be acquired. 3. Assist the City of Tukwila with the acquisition process, certification, and preparation of forms. A specific list of Performance Objectives is outlined in the following paragraphs. SPECIFIC OBJECTIVES The key objectives of this proposal are: Acquisitions: 1. Inspect and prepare a Preliminary Survey Report for each parcel. 2. Identify fee interest ownership for 3 parcels. 3. Prepare and setup acquisition files for 2 parcels. 4. Provide 1 appraisal report. The appraisal report will be reviewed by a WSDOT approved review appraiser. This proposal assumes the review appraiser will prepare one (1) appraisal review certificate. 5. Prepare acquisition forms needed to obtain property rights. This proposal does not include the preparation of Possession and Use agreements. 6. Negotiate to acquire in fee title from 3 Parcels - A minimum of 3 attempts for each parcel. Project: Cascade View Safe Route Project Proposal: Right -of -way For: DEA, Inc. Page 1 of 2 4 7. Prepare administrative offer summary reports for those parcels with market values (just compensation) less than $25,000 — One (1) parcel; 8. Maintain diaries for 2 parcels. 9. Assist in clearing title encumbrances that will adversely impact the rights being acquired. 10. Assist in delivering funds to each property owner. 11. Deliver completed files to the City of Tukwila. PROJECT SCOPE EXCLUSIONS 1. Those services related to obtaining releases of encumbrances from title, which require legal action; 2. The actual filing of condemnation and subsequent litigation; 3. Certain closing costs such as, but not limited to, transfer taxes, title reports, recording fees, penalty costs for pre - payments cost of a pre- existing mortgage, partial reconveyance fees, the pro rate share of real property taxes paid subsequent to vesting title to the City; 4. Continuing negotiations for those parcels listed for condemnation; 5. Appraisal and review for condemnation purposes; 6. Relocation Services; 7. Legal descriptions. Project: Cascade View Safe Route Project Proposal: Right -of -way For: DEA, Inc. Page 2 of 2 5 Attachment B City of Tukwila Cascade View Elementary Safe Routes to School Cost Estimate Supplement No. 1 David Evans and Associates, Inc. Classification Hrs. x Rate = Cost 1 Managing Professional Engineer (MGPE) 0.0 $ 183.00 $ 2 QA/QC Manager (MGPE) 0.0 $ 183.00 $ 3 Design Engineer (DEEN) 0.0 $ 100.65 $ 4 Sr. CADD Technician (SCAD) 0.0 $ 118.95 $ 5 Survey Manager (SVYM) 0.0 $ 189.10 $ 6 Sr Prof Land Surveyor (SPLS) 0.0 $ 170.80 $ 7 Project Surveyor (PLSU) 0.0 $ 125.05 $ 8 Party Chief (PCHF) 0.0 $ 85.40 $ 9 Instrument Person (INST) 0.0 $ 76.25 $ 10 Environmental Planner (ENVP) 0.0 $ 106.75 $ 11 Executive Administrator (EXAD) 0.0 $ 97.60 $ 12 Administrative Assistant (ADMA) 0.0 $ 86.93 $ Total Hrs. 0.0 Salary Cost Direct Expenses Title Reports Mileage Subtotal No. Unit Each Cost 0 each $600.00 $ - 0 miles @ $0.555 /mile $ David Evans and Associates Total Subconsultants: Abeyta and Associates - Right -of -Way Acquisition Subconsultant Total Costs $ 25,675 Hours Totals 25,675 Total Costs $ 25,675 Page 1 of 2 ;: \TRANS \DEAX0030 \ Tukwila \Cascade View Elem Path \Scope and Budget \Exhibit B_DEA Budget Cascade View 2013_0219.xlsx Printed: 2/19/2013, 6:32 PM 6 Page 2 of 2 S: \TRANS \DEAX0030 \Tukwila \Cascade View Elem Path \Scope and Budget \Exhibit B_DEA Budget Cascade View 2013_0219.xlsx Printed: 2/19/2013, 6:32 PM 7 Attachment B City of Tukwila Cascade View Elementary Safe Routes to School Hour Estimate Supplement No. 1 1 2 3 4 5 6 7 8 9 10 11 12 David Evans and Associates, Inc. Task Work Item Managing Professional Engineer (MGPE) QA/QC Manager (MGPE) Design Engineer (DEEN) Sr. CADD Technician (SCAD) Survey Manager (SVYM) Sr Prof Land Surveyor (SPLS) Project Surveyor (PLSU) Party Chief (PCHF) Instrument Person (INST) Environmental Planner (ENVP) Executive Administrator (EXAD) Administrative Assistant (ADMA) DEA Total DEA Abeyta Total Direct Labor $183.00 $183 00 $100.65 $118.95 $189.10 $170.80 $126.06 $86.40 $76.25 $106.75 $97.60 $86.93 Dollars Dollars Dollars Total Total Total Total Total Total Total Total Total Total hrs hrs hrs hrs hrs hrs hrs hrs hrs hrs Total Total •hrs hrs Total hrs Total $ Total $ Total $ 1.0 Project Management 2.0 Base Mapping 3.0 Environmental 4.0 Design 5.0 Right -of -Way $25,675 $25,675 115,6,5 Task 1 Total i x;675 Expenses PROJECT WORK TOTALS $ - $ 25,675 $ 25,675 Page 2 of 2 S: \TRANS \DEAX0030 \Tukwila \Cascade View Elem Path \Scope and Budget \Exhibit B_DEA Budget Cascade View 2013_0219.xlsx Printed: 2/19/2013, 6:32 PM 7 128th St i i S I135th 130th Si -, sS13, co v S r Project Location m S 139th St 14oth .t S Not to Scale Safe Route City Limits Cascade View Elementary School Safe Routes to School Date: December 31, 20128 CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2013 to 2018 PROJECT: Cascade View Safe Routes to School Project No. 91210301 Construct an off- street, paved shared use path, sidewalks, and a traffic circle at 33rd Ave S and S 140th St. This DESCRIPTION: route was identified in the Walking Audit prepared for the Cascade View school zone. S 140th St is one of the high priority missing sidewalk areas prioritized as part of the Walk and Roll Plan. JUSTIFICATION: Enhance safety for students walking to Cascade View Elementary School and encourage transportation choices for Cascade View neighborhood residents. STATUS: Phase I is construction of an off - street, paved shared use path between S 137th St and S 140th St. Phase I1 includes a traffic circle at 33rd Ave S/S 140th St. Also includes sidewalks on the east side of 33rd Ave S between S 140th St & S 144th St and the north side of S 140th St between Military Rd S and 34th Ave S. MAINT. IMPACT: New trail, traffic circle, and sidewalks will need to be maintained. WSDOT Safe Routes to School grant for $428K for Phase 1 2013. Funding for Phase II will be part of a future grant application. COMMENT: FINANCIAL Through Estimated in $000's 2011 2012 2013 2014 2015 2016 2017 2018 BEYOND TOTAL EXPENSES Project Location °,' wt.. tad ,1 1 1 Phase II Design 64111 WI 55 z v "b V!EC 183 238 Land (R/W) 78 _ 13.15G St -, 1 i1 \•; ;�r • ��k11� "4 ■° 78 Const . Mgmt. v7ki S 160 St1�Illll f 45 126 171 Construction 250 530 780 TOTAL EXPENSES 0 0 428 0 0 0 0 0 839 1,267 FUND SOURCES Awarded Grant 428 428 Proposed Grant 750 750 Mitigation Actual 0 Mitigation Expected 0 City Oper. Revenue 0 0 0 0 0 0 0 0 89 89 TOTAL SOURCES 0 0 428 0 0 0 0 0 839 1,267 2013 - 2018 Capital improvement Program 3 9 Project Location °,' wt.. tad ,1 1 ii 64111 WI z v "b V!EC je'o aaa S1M5r bit _ 13.15G St -, 1 i1 \•; ;�r • ��k11� "4 ■° _� v7ki S 160 St1�Illll f 2013 - 2018 Capital improvement Program 3 9 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Contract Number: CONSULTANT AGREEMENT FOR ENGINEERING DESIGN SERVICES THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter referred to as "the City", and David Evans and Associates, Inc., hereinafter referred to as "the Consultant ", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. Project Designation. The Consultant is retained by the City to perform engineering design services in connection with the project titled Cascade View Elementary Safe Routes to School. 2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit "A" attached hereto, including the provision of all labor, materials, equipment and supplies. 3. Duration of Agreement; Time for Performance. This Agreement shall be in full force and effect for a period commencing upon execution and ending December 31, 2013, unless sooner terminated under the provisions hereinafter specified. Work under this Agreement shall commence upon written notice by the City to the Consultant to proceed. The Consultant shall perform all services and provide all work product required pursuant to this Agreement no later than December 31, 2013 unless an extension of such time is granted in writing by the City. 4. Payment. The Consultant shall be paid by the City for completed work and for services rendered under this Agreement as follows: A. Payment for the work provided by the Consultant shall be made as provided on Exhibit "B" attached hereto, provided that the total amount of payment to the Consultant shall not exceed $38,783.00 without express written modification of the Agreement signed by the City. B. The Consultant may submit vouchers to the City once per month during the progress of the work for partial payment for that portion of the project completed to date. Such vouchers will be checked by the City and, upon approval thereof, payment shall be made to the Consultant in the amount approved. C. Final payment of any balance due the Consultant of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. D. Payment as provided in this section shall be full compensation for work performed, services rendered, and for all materials, supplies, equipment and incidentals necessary to complete the work. E. The Consultant's records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City and the state of Washington for a period of three (3) years after final payments. Copies shall be made available upon request. / 5 6-V /C /A., /r% 5 10 5. Ownership and Use of Documents. All documents, drawings, specifications and other materials produced by the Consultant in connection with the services rendered under this Agreement shall be the property of the City whether the project for which they are made is executed or not. The Consultant shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with the Consultant's endeavors. The Consultant shall not be responsible for any use of the said documents, drawings, specifications or other materials by the City on any project other than the project specified in this Agreement. 6. Compliance with Laws. The Consultant shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state, and local laws, ordinances and regulations, applicable to the services rendered under this Agreement. 7. Indemnification. The Consultant shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the negligent acts, errors or omissions of the Consultant in performance of this Agreement, except for injuries and damages caused by the negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Consultant's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 8. Insurance. The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. Consultant's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Consultant to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. A. Minimum Amounts and Scope of Insurance. Consultant shall obtain insurance of the types and with the limits described below: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. Automobile Liability insurance shall cover all owned, non - owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. CA revised : 1 -2013 Page 2 11 2. Commercial General Liability insurance with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. Professional Liability insurance shall be appropriate to the Consultant's profession. B. Other Insurance Provision. The Consultant's Automobile Liability and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance with respect to the City. Any Insurance, self - insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not be contributed or combined with it. C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. D. Verification of Coverage. Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. Certificates of coverage and endorsements as required by this section shall be delivered to the City within fifteen (15) days of execution of this Agreement. E. Notice of Cancellation. The Consultant shall provide the City with written notice of any policy cancellation, within two business days of their receipt of such notice. F. Failure to Maintain Insurance. Failure on the part of the Consultant to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days notice to the Consultant to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Consultant from the City. 9. Independent Contractor. The Consultant and the City agree that the Consultant is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither the Consultant nor any employee of the Consultant shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to the Consultant, or any employee of the Consultant. CA revised : 1 -2013 Page 3 12 10. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the City shall have the right to annul this contract without liability, or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 11. Discrimination Prohibited. The Consultant, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, religion, creed, color, national origin, age, veteran status, sex, sexual orientation, gender identity, marital status, political affiliation or the presence of any disability in the selection and retention of employees or procurement of materials or supplies. 12. Assignment. The Consultant shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 13. Non - Waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 14. Termination. A. The City reserves the right to terminate this Agreement at any time by giving ten (10) days written notice to the Consultant. B. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Consultant and the City, if the City so chooses. 15. Applicable Law; Venue; Attorney's Fees. This Agreement shall be subject to, and the Consultant shall at all times comply with, all applicable federal, state and local laws, regulations, and rules, including the provisions of the City of Tukwila Municipal Code and ordinances of the City of Tukwila. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. Venue for any action arising from or related to this Agreement shall be exclusively in King County Superior Court. 16. Severability and Survival. If any term, condition or provision of this Agreement is declared void or unenforceable or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. The provisions of this Agreement, which by their sense and context are reasonably intended to survive the completion, expiration or cancellation of this Agreement, shall survive termination of this Agreement. CA revised : 1 -2013 Page 4 13 17. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Notices to Consultant shall be sent to the following address: David k va n5 and 1qSSOGia7('_s, . z 'f15 --!/8 fh Avenue SE '& l%vue , IV A 7800S- 18. Entire Agreement; Modification. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Consultant and supersedes all prior negotiations, representations, or agreements written or oral. No amendment or modification of this Agreement shall be of any force or effect unless it is in writing and signed by the parties. DATED this day of , 20 CITY OF TUKWILA CONSULTANT Attest/Authenticated: City Clerk CA revised : 1 -2013 By: Printed Name: Mn nu e) C- 1+ b e r4 Title: 0 5,5 or e Approved as to Form: oLc 1-0 Office of the City Attorney Page 5 14 Exhibit A Scope of Services for the City of Tukwila Cascade View Elementary Safe Routes to School David Evans and Associates, Inc. shall prepare topographic base map, environmental documents, preliminary and final design, and right -of -way services to provide a safe route to school for Cascade View Elementary School from S 137th Street to S 140th Street. The trail is planned to be 12 feet wide and approximately 840 feet long. TASK 1.0 PROJECT MANAGEMENT This work element includes project setup and closeout, preparing monthly invoice, and coordination with subconsultant. Abetya and Associates will be a subconsultant providing right -of -way acquisitions. Deliverables: • Monthly progress reports and invoices (both in hard copy only). Assumptions: • Contract duration is 4 months. TASK 2.0 BASE MAPPING. This work element includes performing topographic survey for the project including establishing horizontal and vertical control. The base map will include existing features within the project limits. DEA will notify the City and utility companies to mark existing utilities so they may be incorporated into the existing base map. The topographic survey map will be prepared with a two -foot contour interval and plotted at a scale of one inch equals twenty feet. Deliverables: • Electronic copy of topographic base map and data points in AutoCAD. TASK 3.0 ENVIRONMENTAL DEA shall prepare a SEPA checklist in pursuit of a Determination of Non - Significance. The checklist will be accompanied by the City's Endangered Species Act (ESA) Screening Checklist. DEA shall initiate informal consultation with the Washington State Department of Archaeology and Historic Preservation Office (DAHP) to review impacts to cultural resources. The CONSULTANT shall prepare and submit Form EZ -1 for DAHP review. Deliverables: • SEPA Checklist and ESA Screening Checklist (Draft and Final) • Form EZ -1 (Draft and Final) S: ITRANSIDEAX00301TukwilalCascade View Elem Path\Scope and BudgetlExhibit A DEA Scope Cascade View 2013_0213.docx Page 1 Cascade View Elementary Safe Routes to School Scope of Services 15 Assumptions: • City will prepare public notice materials and fee associated with SEPA. • No sensitive areas studies or technical reports are required for SEPA Checklist. • The SEPA and ESA Screening checklists will be delivered as electronic pdf file. • DAHP will not require formal consultation or cultural resources survey. • The City will prepare any required local permits. TASK 4.0 DESIGN This work element includes preliminary and final design for the project. Design elements assumed includes grading, paving, and drainage. The preliminary design will be based on field visit with the City once the survey base map is completed. Design scope and items will be marked on hard copy base map. The final design will develop the preliminary design notes. The final design will include the preparation of plan set, specification, and estimate. Deliverables: • Preliminary Design • Final Design Assumptions: • Drainage technical information report or memorandum is not required. • Stormwater quality and detention is not anticipated for the project. • PS &E documents will be based on WSDOT 2012 Standard Specifications. • Detention and water quality is not required. • The City will handle all utility companies' coordination. • One hard copy and pdf files of PS &E package will be delivered. Hard copy plans will be delivered on 11"x17" paper only. • Bid period assistance is not required. TASK 5.0 RIGHT -OF -WAY DEA shall prepare parcel exhibits and legal descriptions for three parcels. The parcel exhibits will include parcel boundary lines, proposed acquisition areas, existing right -of -way, square footage of parcel, take area, and remainder square footage. DEA shall prepare land descriptions of the proposed right -of -way acquisition area for the same three (3) parcels with exhibits. The land descriptions will be based upon data provided in title reports. The CONSULTANT will describe the controlling elements for the proposed take and provide any plans related to the take areas, including construction plans. Deliverables: • Parcel Exhibits and Legal Descriptions (3 parcels: 1 school and 2 church properties) Assumptions: • Only one submittal of exhibits and legal descriptions is assumed. S: ITRANSIDEAX00301TukwilalCascade View Elem Path\Scope and BudgetlExhibit A_DEA Scope Cascade View 2013_0213.docx Page 2 Cascade View Elementary Safe Routes to School Scope of Services 16 Attachment B City of Tukwila Cascade View Elementary Safe Routes to School Cost Estimate David Evans and Associates, Inc. Classification Hrs. x Rate = Cost 1 Managing Professional Engineer (MGPE) 68.0 $ 183.00 $ 12,444 2 QA/QC Manager (MGPE) 4.0 $ 183.00 $ 732 3 Design Engineer (DEEN) 66.0 $ 100.65 $ 6,643 4 Sr. CADD Technician (SCAD) 2.0 $ 118.95 $ 238 5 Survey Manager (SVYM) 9.0 $ 189.10 $ 1,702 6 Sr Prof Land Surveyor (SPLS) 2.0 $ 170.80 $ 342 7 Project Surveyor (PLSU) 58.0 $ 125.05 $ 7,253 8 Party Chief (PCHF) 20.0 $ 85.40 $ 1,708 9 Instrument Person (INST) 20.0 $ 76.25 $ 1,525 10 Environmental Planner (ENVP) 16.0 $ 106.75 $ 1,708 11 Executive Administrator (EXAD) 8.0 $ 97.60 $ 781 12 Administrative Assistant (ADMA) 20.0 $ 86.93 $ 1,739 Total Hrs. 293.0 Salary Cost Direct Expenses Title Reports Mileage Subtotal No. Unit Each Cost 3 each $600.00 $ 1,800 300 miles @ $0.565 /mile $ 170 $ 36,814 1,970 (David Evans and Associates Total $ 38,783I Total Costs $ 38,783) Page 1 of 1 e.tron ntctnen vnngra. 17a11,C,nnn on.i R,.Anot\Fvhihit R IIFA R.IAnn! (`ncr,An \low 7nil (1717 vlcv Printed: 2/12 /2013. 6:33 PM 17 Attachment B City of Tukwila Cascade View Elementary Safe Routes to School Hour Estimate 1 $1,7081 $ 36,814 $ 38,783 Total $8,3941 $36,814 Direct Labor' Project Management Base Mapping Environmental Right -of -Way Task 1 Total Expenses PROJECT WORK TOTALS Printed: 2/12/2013, 6:32 PM 18 TO: City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton Transportation Committee FROM: Bob Giberson, Public Works Director BY: Cyndy Knighton, Senior Engineer DATE: February 22, 2013 SUBJECT: Tukwila Urban Center Transit Center Project No. 06 -RWO2 Two Interlocal Agreements with King County Metro ISSUE Agreements between King County Metro (KCM) and Tukwila for the design, construction and maintenance of the Tukwila Urban Center Transit Center and construction and maintenance of the F Line RapidRide Intelligent Transportation System (ITS) Improvements. BACKGROUND In 2011, KCM was awarded a grant through the Federal Transit Authority (FTA) for their F Line RapidRide project, a portion of which was for the Tukwila Transit Center's construction. Since that award, Tukwila staff has worked closely with KCM staff to coordinate the new F Line and the Tukwila Transit Center. DISCUSSION Two agreements are being presented. The first, Agreement Between King County and the City of Tukwila for the Design, Construction and Maintenance of the Tukwila Transit Center, defines the roles between the two jurisdictions. Tukwila is responsible for the design and construction and Tukwila and King County will share ongoing maintenance and operations. This agreement also defines the requirements with which Tukwila must comply as part of the FTA award of $1.4 million. Exhibits A and B are included; however the extensive FTA required Exhibit C -I is not attached to this memorandum, but is available electronically or via a hard copy if requested. The second agreement, RapidRide Intelligent Transportation System Agreement, defines the roles and responsibilities between Tukwila and KCM as they relate to conduit and fiber optic cables being used by the F Line RapidRide's ITS improvements. This includes KCM's use of existing city -owned conduit; coordination between county -owned and installed ITS controller cabinets and city -owned and controlled traffic signal controllers; and new fiber optic cable being installed by KCM for City use. Exhibit B is not attached to this memorandum, but is available electronically or via a hard copy if requested. A third agreement between King County, Tukwila, Burien, SeaTac and Renton, defining how all agencies will work together to implement the F Line RapidRide Fiber Optic Project, including sharing new fiber optic cables, will be brought forward for review in the near future. RECOMMENDATION Council is being asked to approve the two Interlocal agreements with King County for the Tukwila Urban Center Transit Center and consider these items at the March 11, 2013 Committee of the Whole and the subsequent Regular Meeting on March 18, 2013. Attachments: Agreement for Design, Construction, and Maintenance of the Tukwila Transit Center (without Exhibit C -I) RapidRide Intelligent Transportation System Agreement W: \PW Eng \PROJECTS\A- RW & RS Projects \Transit Center (90610402) \Design \Info Memo KCM 2 Interlocal Ags 2- 22- 13.docx 19 AGREEMENT BETWEEN KING COUNTY AND THE CITY OF TUKWILA FOR THE DESIGN, CONSTRUCTION AND MAINTENANCE OF THE TUKWILA TRANSIT CENTER THIS AGREEMENT FOR THE DESIGN, CONSTRUCTION AND MAINTENANCE OF THE TUKWILA TRANSIT CENTER (the "AGREEMENT ") is made and entered into by and between the City of Tukwila, a municipal corporation of the State of Washington (the "City "), and King County, a home rule charter county of the State of Washington, through its Department of Transportation, Metro Transit Division (the "County "), either of which may be referred to hereinafter individually as "Party" or collectively as the "Parties." RECITALS WHEREAS, King County is implementing the F Line RapidRide connecting the cities of Burien, SeaTac, Tukwila, and Renton; and WHEREAS, the key elements of bus rapid transit include new, branded, low -floor, hybrid buses; stop and station improvements; Intelligent Transportation System ( "ITS ") infrastructure improvements; wireless transit signal priority ( "TSP ") improvements; business access and transit ( "BAT ") lanes; and pedestrian improvements; and WHEREAS, the County, with support from the City, applied for and was awarded a Federal Transit Administration ( "FTA ") grant for the F Line RapidRide for a total project cost of $36.8 million, of which $1 4 million in FTA grant funds is identified to support the construction of the Tukwila Transit Center; and WHEREAS, the Parties will proceed with implementing the F Line RapidRide with each Party being the lead agency in the design and construction of certain elements of the project; and WHEREAS, the Parties agree that the City should be designated as the lead agency for the design and construction of the Transit Center; and WHEREAS, the County as the grantee agency for the FTA grant has specific oversight responsibility with the use of FTA funds for the construction of the Transit Center: NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements set forth herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. PURPOSE The purpose of this Agreement is to establish the roles and responsibilities of the Parties regarding the design, construction, operation, and maintenance of the Tukwila Transit Center, 20 hereinafter referred to as the "Project ". The Parties agree to cooperate in developing the Project such that it is completed on schedule, within budget and consistent with the Draft 100% Plans for the Tukwila Urban Center Transit Center Project: Andover Park West Street & Water Improvements Project, Dated November 7, 2012, and incorporating the County comments to these plans dated November 29, 2012, both of which are incorporated herein by this reference. 2. DESCRIPTION OF PROJECT The Project is the design and construction of the Tukwila Transit Center located at the northeast and southwest corners of intersection at Andover Park West and Baker Boulevard in Tukwila. The Project improvements include: north and south bound bus stops, bus bays, custom transit passenger shelters, transit passenger amenities, landscaping, improved pedestrian connections, and pedestrian improvements A detailed summary of the Project improvements s is attached as Exhibit A, Tukwila Transit Center Project, and incorporated herein by this reference. 3. CITY RESPONSIBILITIES FOR THE PROJECT 3.1 The City shall be responsible for all Work required to design, construct, and inspect the Project in accordance with the schedule set forth at Section 6 of this Agreement. 3.2 The City shall submit plans in electronic form to the County plans for review and approval before initiating construction. The County will have the opportunity to review and provide written comments on the plans for consistency with the recommended F Line RapidRide improvements. 3.3 Any change in the Project deemed significant by either of the Parties shall require joint written approval by the Parties. 3.4 The City shall be responsible for the administration of any contracts it enters into for the performance of its responsibilities under this Agreement. Before the issuance of a change order or any acceptance of contractor's work, the City shall notify the County and provide the County with the opportunity to comment on and inspect the work. 3.5 The City shall request the County to inspect the footings installed for County -owned equipment prior to any concrete is poured to cover the footings. The City will provide the County with two working day notice to inspect these footings. 3.6 Neither the County's review and comment nor the County's inspection of the Project for which the City is responsible under this Agreement will relieve the City of its responsibility for such improvements. The County's review and inspection shall not be regarded as an assumption of risks or liability by the County, or by any officer, employee or agent of the County, and the City shall have no claim under this Agreement on account 21 of any failure or partial failure of the design, construction, or inspection of the Project Improvements. 3.7 As a sub - recipient receiving pass - through federal funds, the City shall provide the County with progress reports on at least a quarterly basis as well as all information necessary for the County to comply with FTA regulations and the terms of the Federal Funding Accountability and Transparency Act ( "FFATA "). The information required by the County is detailed in Section 7 of this Agreement. 3.8 The City shall comply with the Archaeological Monitoring Plan and Inadvertent Discovery Plan for the RapidRide — F Line Project, King County Washington dated September 30, 2012, revised October 2012. Where applicable, an archaeological monitor is required during excavation undertaken pursuant to this Agreement 4. COUNTY RESPONSIBILITIES FOR THE PROJECT The FTA identifies the County as the recipient of the FTA grant funds, with the City being designated as the subrecipient. As the grant recipient, the County has certain oversight responsibilities to monitor the performance of the City in meeting FTA rules and regulations. These oversight responsibilities include review of request for proposals, invitation to bid, contract language, significant change orders, construction inspection, and approval of invoices. The construction inspection will be in the form of monitoring the progress of the project and includes actions such as confirming work completed related to invoices, and interviews to monitor compliance with labor laws. Prior to the City bidding the Project, the Parties will agree on how the County and City will work together to in order for the Project to meet the required oversight. 5. FINANCING 5.1 The County will reimburse the City fifty percent (50 %) of the actual, FTA grant- eligible costs for the construction of the Project. The remaining Project costs will be the sole responsibility of the City. The total budget for FTA grant - eligible expenses is $2.8 million, with a total grant reimbursement to the City not to exceed $1.4 million. The County's reimbursement of the City's actual, grant - eligible expenses will be payable upon the City's completion of the Project as provided for in this Section 5; provided, however, that any progress payments made shall be subject to repayment by the City to the County should the Project not be completed. 5.2 As work is completed on the Project, the City will invoice the County for the actual cost of the grant - eligible work on a periodic basis, not to exceed once per month. In addition to the requested reimbursement amount, the City's invoices shall provide a detailed explanation of the completed work for which reimbursement is sought. For each invoice submitted, the City shall also provide back -up documentation supporting the reimbursement request. 22 5.3 The Parties will agree on the exact form of the back -up documentation within thirty (30) days of the execution of this Agreement. The documentation supporting requests for reimbursement of contractor and City staff costs must be sufficient to enable the County to satisfy all applicable FTA grant requirements. 5.3 The County will make payment to the City within (45) days of receipt of an invoice determined to be performed in accordance with the terms of this Agreement. 6. SCHEDULE 6.1 The anticipated date to begin construction of the Project is May 15, 2013. 6.2 The anticipated date for substantial completion of the Project is November 15, 2013. 6.3 The anticipated date for final completion of the Project is January 17, 2014. 7. OWNERSHIP OF IMPROVEMENTS With the exception of the County -owned transit signage, County -owned route blade markers, and technology pylons, which will be owned by the County, the City will own the Project Improvements. 8. MAINTENANCE RESPONSIBILITIES 8.1 The Parties agree to work cooperatively to maintain the Project Improvements as identified and set forth below. 8.2 The maintenance responsibilities shall take effect upon final construction acceptance and shall remain in effect unless terminated by either Party in accordance with this Agreement or until such time as transit operations at the Tukwila Transit Center are discontinued by the County. 8.3 For purposes of the Agreement, the term "graffiti" as used shall have the meanings set forth below: 8.3.1 Non - offensive Graffiti: Non - offensive graffiti includes defacement of painted, sealed, and finished surfaces with markers, paint and does not include etching, scratching or marring of other surfaces including glass, stainless steel or other unfinished/unpainted metal surfaces. 8.3.2 Offensive Graffiti: Offensive graffiti includes images or words that are racially or ethnically derogatory; words considered profane or socially unacceptable; images or words of an obscene nature; any gang - related words or images. 23 8.4 Routine Maintenance Routine maintenance includes: emptying litter receptacles; non- offensive graffiti removal; picking up, sweeping or otherwise removing loose debris from pavement surfaces; washing structures and pavement surfaces of ground -in dirt/debris; repairing and /or replacing damaged and /or failing elements; and snow /ice prevention and/or removal. 8.5 Emergency Maintenance Emergency maintenance includes repairs and/or replacement to elements due to vandalism and/or other damage not attributable to normal wear. Emergency maintenance includes activities such as removal of broken glass; repair of clogged drains and broken locks, elimination of unsanitary conditions; and offensive graffiti removal. 8.6 Refurbishment. Refurbishment includes repair and/or replacement of elements in accordance with each Party's capital replacement program. 8.7 Items Maintained by City. The City shall provide the following type of maintenance of the items as identified below: 8.8.1 Routine and emergency maintenance and refurbishment of City -owned pavement, structures, facilities and systems. 8.8.2 Routine and emergency maintenance and refurbishment of transit custom shelters and appurtenances, customer waiting and loading areas, and non - County -owned signage. 8.8.3 Routine and emergency maintenance and refurbishment of lighting systems other than County -owned systems (including lighting within the shelters), trash receptacles, and landscaping. 8.8.4 .Routine and emergency maintenance of sidewalk pavement 8.8.5 The City shall be responsible for removal of non - offensive and offensive graffiti on City -owned property and facilities. 8.8 City Maintenance Frequencies. The City shall provide maintenance at frequencies that are applicable for such items and deemed necessary by the City, but no less frequently than once per every seven days. Maintenance frequencies will be evaluated annually for adjustment based on need and funding availability. It is the intent of the City to address emergency maintenance conditions within 24 hours of notification. 8.9 Items Maintained by County. The County shall provide the following type of maintenance for the items as identified below: 24 8.9.1 Routine emptying of trash receptacles. 8.9.2 Routine and emergency maintenance of bus shelter glass. The County will provide routine and emergency maintenance of bus shelter glass as long as the City uses shelter glass stocked by the County. Consistent with current maintenance practices, the County reserves the right to discontinue the maintenance of shelter glass that is repeatedly broken. 8.9.3 Routine and emergency maintenance and refurbishment of County -owned facilities, equipment, and systems. 8.9.4 In the area identified as County Maintenance Support Area in Exhibit B, routine sweeping, loose litter removal, and pressure washing; and support to the City when necessary for emergency maintenance in removal of broken glass and unsanitary conditions. The County Maintenance Support Area does not include the walls and landscaping behind shelter areas. 8.9.5 The County shall be responsible for removal of non - offensive and offensive graffiti on County -owned property and facilities. 8.10 County Maintenance Frequencies. The County shall provide maintenance at the Tukwila Transit Center at frequencies that are applicable for a transit center of similar size, type and level of transit bus service, but no less frequently than once per every seven calendar days. Maintenance frequencies will be evaluated annually for adjustment based on need and funding availability. It is the intent of the County to address emergency maintenance conditions within 24 hours of notification. 8.11 Unidentified Maintenance Items. Maintenance of items not specifically identified herein shall be the responsibility of the Party on whose property the improvement is located. If the item is part of a system, then the operator of the system shall be responsible for routine and emergency maintenance and refurbishment of the system. 9. FEDERAL REQUIREMENTS 9.1 This Agreement is subject to a financial assistance agreement between the County and the FTA. The City shall comply with all applicable federal laws, regulations, policies, procedures and directives, including but not limited to the following, which are attached hereto and incorporated herein by this reference: 9.1.1. 49 CFR 18 Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. 49 CFR 18 Uniform Administrative 25 Requirements for Grants and Cooperative Agreements to State and Local Governments. The text of 49 CFR 18 is attached as Exhibit C. 9.1.2 OMB Circular A -87, Cost Principles for State, Local and Indian Tribal Governments. The text of OMB Circular A -87 is attached as Exhibit D. 9.1.3 The requirements and obligations imposed on a "Recipient" under the applicable provisions of the FTA Master Agreement. The Master Agreement text is attached as Exhibit E. 9.1.4 The requirements of FTA Circular 5010.1D Project Administration and Management. Circular 5010.1D text is attached as Exhibit F. 9.1.5 If the City contracts with a third party to provide all or a portion of the services described in this Agreement, then the City shall comply with FTA Circular 4220.1F. Circular 4220.1F text is attached as Exhibit G. 9.1.6 Applicable FTA Third Party Contract Provisions — Standard Terms and Conditions. The text is attached as Exhibit H. 9.1.7 Circular No. A -133, Audits of States, Local Governments, and Non - Profit Organizations. Circular No. A -133 text is attached as Exhibit I. 9.2 New federal laws, regulations, policies, procedures and directives may be adopted after the date this Agreement is established and may apply to this Agreement. The City agrees to accept and comply with all applicable laws, regulations, policies, procedures and directives as may be amended or promulgated from time to time during the term of this Agreement. 9.3 The City shall not perform any act, fail to perform any act, or refuse to comply with any requests by the County that would cause the County to be in violation of any federal law or FTA requirement. The City's failure to so comply with this Section shall constitute a material breach of this Agreement. 9.4 The County and City acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of this Agreement, absent the express written consent by the Federal Government, the Federal Government is not a party to this Agreement and shall not be subject to any obligations or liabilities to the County, City, or any other party (whether or not a party to this Agreement or any Agreement awarded pursuant thereto) pertaining to any matter resulting from this Agreement. 26 9.5 The City agrees to extend application of the federal requirements to its subrecipients or contractors, and their respective subcontractors, by including this Section and the related exhibits in each contract and subcontract the City awards under this Agreement financed in whole or in part with Federal assistance provided by FTA. It is further agreed that this Section shall not be modified, except to change the names of the parties to reflect the subrecipient or contractor which will be subject to its provisions. 9.6 The City acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. 3801, et seq., and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 CFR Part 31, apply to its actions pertaining to the work under this Agreement. Upon execution of this Agreement, the City certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to this Agreement or the FTA- assisted project for which this work is being performed. In addition to other penalties that may be applicable, the City further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the City to the extent the Federal Government deems appropriate. 9.6.1. The City also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. 5307, the Government reserves the right to impose the penalties of 18 U.S.C. 1001 and 49 U.S.C. 5307(n)(1) on the City, to the extent the Federal Government deems appropriate. 9.6.2. The City agrees to include the above two clauses in each contract and subcontract it awards under this Agreement financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the contractor or subcontractor who will be subject to the provisions. 9.7 The City agrees to sign Attachment G in Exhibit H to this Agreement, which is incorporated into this Agreement by reference, certifying that it is not currently suspended or debarred from receiving federal transportation funding, nor is it proposed for suspension or debarment in accordance with Executive Orders Nos. 12549 and 12689, "Debarment and Suspension," 31 U.S.C. Section 6101 note, and U.S. DOT regulations, "Government wide Debarment and Suspension (Non- procurement)," 49 C.F.R. Part 29. If the City is unable to provide a certification, it must submit a complete explanation attached to Attachment G to Exhibit H. If the City lets any contracts or subcontracts to perform work or purchase goods for the work covered by this Agreement, regardless of the amount of such contract or subcontract, the City agrees that it will include all 27 applicable federal provisions in Attachment G in Exhibit H in that contract or subcontract, including Attachment H in Exhibit H to this Agreement, which the contractor or subcontractor must sign to certify they are not suspended or debarred from receiving federal funds. 9.8 As a sub - recipient receiving $25,000 or more of pass - through FTA funds, the City must comply with the reporting requirements of the Federal Funding Accountability and Transparency Act (FFATA or Transparency Act - P.L.109 -282., as amended by section 6202(a) of P.L. 110 -252). The FFATA requires the Office of Management and Budget (OMB) to maintain a single, searchable website that contains information on all federal spending awards. The FFATA definition of "federal awards" includes prime awards for grants, cooperative agreements, loans, and contracts, as well as sub - grants and sub- contracts. The FFATA prescribes specific data to be reported and the County agrees to report sub - grantees and sub -award data into the FSRS subaward reporting system for the public website www.USASpending.gov. To facilitate subaward reporting, the City shall provide the County with the following data within 15 business days of the execution date of this Agreement: 9.8.1 Location of the City (physical address(es), including congressional district); and 9.8.2 Place of performance (physical address(es), including congressional district(s)); and 9.8.3 Unique identifier of the City and its parent (DUNS Number, a unique nine -digit number issued by Dun & Bradstreet (D &B) to a single business entity assigned to each business location in the D &B database having a unique, separate, and distinct operation for the purpose of identifying it); and 9.8.4 Total compensation and names of top five executives IF BOTH of the following apply: (a) More than 80% of the City's annual gross revenues are from the federal government, and those revenues are greater than $25,000,000 annually, and (b) Compensation information is not already available through reporting to the Securities and Exchange Commission. Additionally, the City commits to registering in the Federal Central Contractor Registration (www.CCR.gov) and providing the County with the registration confirmation number, if available. 28 10. INSURANCE AND INDEMNIFICATION 10.1 Insurance Requirements. If the City uses a contractor to perform Work under this Agreement, after taking into account the scope of work and services which may be performed by its contractor(s), the City shall require that the City's contractor maintain Commercial General Liability, Professional Liability if professional services are required, Automobile Liability insurance, Statutory Workers Compensation, Employers Liability /Stop, Builder's Risk coverage and other insurance as may be required with prudent limits of liability as established by a City risk assessment. 10.1.2 Any such contractor insurance specified in Subsection 10.1 shall insure the City, its contractor, and the County and its officers, officials, agents and employees against loss arising out of or in connection with activities, performed in furtherance of this Agreement by the City's contractor. Contractor's general and automobile liability insurance and other liability insurance, except workers compensation and professional liability, as may be required shall include the County and its officers, officials, agents and employees as an additional insured (with a Form as broad as CG 20 10 11/85) and shall contain standard separation of insureds language. The City's contractor's insurance shall be primary to and not contributing with any insurance or self insurance that may be carried by the County. 10.1.3 The City shall procure and maintain or require its contractor to procure and maintain Builders Risk during the life of the Agreement or until acceptance of the Project by the City, whichever is longer, "All Risk" Builders Risk Insurance at least as broad as ISO form number CP0020 (Builders Risk Coverage Form) with ISO form number CP0030 (Causes of Loss — Special Form) including coverage for collapse, theft, off -site storage and property in transit. The coverage shall insure for direct physical loss to property of the entire construction project, for one hundred percent (100 %) of the replacement value thereof and include earthquake and flood. The policy shall be endorsed to cover the interests, as they may appear, of the City, the County, Contractor and subcontractors of all tiers with the City, the County and sub - contractors listed as a Named Insured. In the event of a loss to any or all of the Work and/or materials therein and/or to be provided at any time prior to the final close -out of the Agreement and acceptance of the Project by the City, the Contractor shall promptly reconstruct, repair, replace or restore all Work and /or materials so destroyed. The Contractor shall waive all rights against the City and the County, their consultants, or any separate contractors, and their agents and employees, for damages caused by fire or other perils to the extent such damage cost is actually paid by property insurance applicable to the Work. The Contractor shall require similar waivers from all Subcontractors. 29 10.2 Indemnification and Hold Harmless. To the maximum extent permitted by law, each Party shall protect, defend, indemnify and save harmless the other Party, its officers, officials, employees and agents while acting within the scope of their employment as such, from any and all suits, costs, claims, actions, losses, penalties, judgments, and/or awards of damages, of whatsoever kind arising out of, or in connection with, or incident to the services associated with this Agreement caused by or resulting from each Party's own negligent acts or omissions. Each Party agrees that it is fully responsible for the acts and omissions of its own contractors and subcontractors, their employees and agents, acting within the scope of their employment as such, as it is for the acts and omissions of its own employees and agents. Each Party agrees that its obligations under this provision extend to any claim, demand, and/or cause of action brought by or on behalf of any of its employees or agents. The foregoing indemnity is specifically and expressly intended to constitute a waiver of each Party's immunity under Washington's Industrial Insurance Act, RCW Title 51, as respects the other Party only, and only to the extent necessary to provide the indemnified Party with a full and complete indemnity of claims made by the indemnitor's employees. The Parties acknowledge that these provisions were specifically negotiated and agreed upon by them. 10.3 In the event it is determined that RCW 4.24.115 applies to this Agreement, each Party agrees to protect, defend, indemnify and save the other Party, its officers, officials, employees and agents from any and all claims, demands, suits, penalties, losses damages judgments, or costs of any kind whatsoever for bodily injury to persons or damage to property (hereinafter "claims "), arising out of or in any way resulting from the Indemnifying Party's officers, employees, agents and/or subcontractors of all tiers acts or omissions, performance of failure to perform the rights and privileges granted under this Agreement, to the maximum extent permitted by law or as defined by RCW 4.24.115, as now enacted or hereafter amended. 10.4 Each Party shall require similar indemnification language in all Agreements with contractors and subcontractors entered into in conjunction with this Agreement. 11. EFFECTIVE DATE AND TERM OF AGREEMENT This Agreement shall take effect upon the latest date on which one of the Parties executes this Agreement, and shall continue unless terminated pursuant to the terms of this Agreement. 12. AGREEMENT TERMINATION Either Party may terminate this Agreement in the event that the other Party materially breaches this Agreement. Written notice of such termination and a description of the breach must be given via certified mail by the Party terminating this Agreement to the other Party not less than sixty (60) days prior to the effective date of termination. The breaching Party shall be given this sixty days in which to cure its material breach. If the breaching Party fails to cure within sixty 30 days, the Agreement is immediately terminated. Upon termination, the Parties shall determine final costs and payments to be made by each Party. 13. ENTIRE AGREEMENT AND AMENDMENTS 13.1 Entire Agreement. This document contains all terms, conditions and provisions agreed upon by the Parties hereto, and shall not be modified except by written amendment, and supersedes any prior negotiations, representations or draft agreements on this matter, either written or oral. 13.2 Amendments. Except as otherwise provided for in this Agreement, amendments may be made to this Agreement within the previously approved budget or other applicable authority for and on behalf of the City by its Mayor, and for and on behalf of the County by its General Manager of the Transit Division and shall be in writing and executed by such duly authorized representative of each Party. No variation or alteration of the terms of this Agreement shall be valid unless made in writing and signed by authorized representatives of the Parties hereto. 14. NOTIFICATION AND IDENTIFICATION OF CONTACTS 14.1 Notice. Any notice or communication required or permitted to be given pursuant to this Agreement shall be in writing, and shall be sent postage prepaid by U.S. Mail, return receipt requested, to the contact persons and addresses identified in Subsection 14.2 of this Agreement unless otherwise indicated by the Parties in writing. 14.2 Designated Representatives and Addresses. The contact persons for the administration of this Agreement are as follows: City of Tukwila King County, Metro Transit: Cyndy Knighton, Senior Transportation Engineer Public Works Department, City of Tukwila 6300 Southcenter Blvd, Suite 100 Tukwila, Washington 98188 (206) 431 -0179 David Cantey, Transit Route Facilities 201 S Jackson Street KSC -TR -0411 Seattle, Washington 98104 -3856 (206) 684 -6794 15. DISPUTE RESOLUTION PROCESS 31 The Parties, through their designated representatives identified in Subsection 14.2 of this Agreement, shall use their best efforts to resolve any disputes that may arise pertaining to this Agreement that may arise between the Parties. If these designated representatives are unable to resolve the dispute, the matter shall be reviewed by the department directors of the Parties or their designees. The Parties agree to exhaust each of these procedural steps before seeking to resolve disputes in a court of law or any other forum. 16. RECORDS RETENTION AND AUDIT During the progress of the performance of this Agreement and for a period not less than six (6) years from the date of completion of the Projector for the retention period required by law, whichever is greater, records and accounts pertaining to the Project and accounting therefore are to be kept available by the Parties for inspection and audit by representatives of the Parties and copies of all records, accounts, documents, or other data pertaining to the Agreement shall be furnished upon request. Records and accounts shall be maintained in accordance with applicable state law and regulations. 17. COMPLIANCE WITH APPLICABLE LAWS The Parties agree to comply with all applicable federal, state, and local laws, rules, and regulations, including those pertaining to nondiscrimination, and agree to require the same of any contractors or subcontractors providing services or performing any of the Work pursuant to this Agreement using funds provided under this Agreement. 18. LEGAL RELATIONS 18.1 No Partnership or Joint Venture. No joint venture, agent - principal relationship or partnership is formed as result of this Agreement. No employees or agents of one Party or any of its contractors or subcontractors shall be deemed, or represent themselves to be, employees or agents of the other Party. 18.2 No Third Party Beneficiaries. It is understood and agreed that this Agreement is solely for the benefit of the Parties hereto and gives no right to any other person or entity. 18.3 Assignment. Neither this Agreement, nor any interest herein, may be assigned by either Party without the prior written consent of the other Party. 18.4 Binding on Successors and Assigns. This Agreement, and all of its terms, provisions, conditions, and covenants, together with any exhibits and attachments now or hereafter made a part hereof, shall be binding on the Parties and their respective successors and assigns. 32 18.5 Mutual Negotiation and Construction. This Agreement and each of the terms and provisions hereof shall be deemed to have been explicitly negotiated between, and mutually drafted by both Parties. 18.6 Waiver of Default. Waiver of any default shall not be deemed to be a waiver of any subsequent default; as such, failure to require full and timely performance of any provision at any time shall not waive or reduce the right to insist upon complete and timely performance of any other provision thereafter. Waiver of breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of this Agreement unless stated to be such in writing, signed by duly authorized representatives of the Parties, and attached to the original Agreement. 18.7 Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 18.8 Jurisdiction and Venue. The King County Superior Court, situated in Seattle, Washington, shall have exclusive jurisdiction and venue over any legal action arising under this Agreement. 18.9 Rights and Remedies. The Parties' rights and remedies in this Agreement are in addition to any other rights and remedies provided by law. 18.10 Severability. If any provisions of this Agreement are held invalid by a court of competent jurisdiction, the remainder of the Agreement shall not be affected thereby if such remainder would then continue to serve the purposes and objectives originally contemplated by the Parties. 18.11 Survival. Each of the provisions of this Section 18 (Legal Relations) shall survive any expiration or termination of Agreement. 33 19. EXECUTION OF AGREEMENT — COUNTERPARTS This Agreement may be executed in two (2) counterparts, either of which shall be regarded for all purposes as an original. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date indicated under their signatures. KING COUNTY DEPARTMENT OF TRANSPORTATION METRO TRANSIT DIVISION CITY OF TUKWILA By: Kevin Desmond, General Manager By: Jim Haggerton, Mayor Dated: Dated: APPROVED AS TO FORM ONLY: APPROVED AS TO FORM ONLY: By: Senior Deputy Prosecuting Attorney By: City Attorney Dated: Dated: Agreement Between King County and the City of Tukwila For the Design, Construction and Maintenance of the Tukwila Transit Center 34 EXHIBIT A TUKWILA TRANSIT CENTER PROJECT Item Budget Funding Source City FTA Grant 1 Site Preparation $200,000 $100,000 $100,000 2 Site Utilities 100,000 50,000 50,000 3 Paving, Sidewalks, Customer 490,000 245,000 245,000 Waiting Areas 4 Landscaping Improvements 600,000 300,000 300,000 5 Shelter Improvements 640,000 320,000 320,000 6 Transit Center Amenities 420,000 210,000 210,000 7 Electrical Improvements 350,000 175,000 175,000 Total $2,800,000 $1,400,000 $1,400,000 35 r " OUNTY i41AINTENANCE SUPPORT AREA NORTHBOUND STOP "BIG BELLY "' ++ GARB.ASE CAN CANOPY SHELTER-' BRCUR NAT CITY OF TUIK6ti'I LA TUKWILA URBAN CENTER TRANSIT CENTER PROJECT; ANDOVER PARK +NEST STREET & WATER IMPROVEMENT PROJECT COUNTY EXHIBIT B C1.4 NV: NIAMALTIr CLUE. X02-17, KCMOO1 RapidRide Intelligent Transportation System Agreement By and between King County and the City of Tukwila, Washington This RAPIDRIDE INTELLIGENT TRANSPORTATION SYSTEM AGREEMENT ( "Agreement ") is made and entered into this day of , 2012 by and between the City of Tukwila, hereinafter referred to as the "City," and King County, hereinafter referred to as the "County," both of which may be collectively referred to as the "Parties." WHEREAS, the King County Ordinance No. 15582 (Transit Now Ordinance) identified a number of transit service measures to be implemented using the one -tenth of one percent sales and use tax collected through Transit Now that focus on capital, operating, and maintenance improvements that are expected to expand and improve bus service on local streets and arterials within King County; and WHEREAS, the key elements of bus rapid transit include new, low floor, hybrid diesel- electric buses; improved frequency of bus service; improved traffic operations; and transit stations with real time passenger information signs; and WHEREAS, mutually beneficial contractual arrangements with other public entities that leverage public funds to provide both new and better bus service to cities employers is a key strategy identified in the Transit Now Ordinance approved by King County voters in the general election on November 7, 2006; and WHEREAS, the County's bus rapid transit along this corridor is named F Line RapidRide and the Parties are interested in advancing the implementation of this project; and WHEREAS, the approved King County transit capital program includes funding to support these investments in traffic signal systems and communication necessary to implement F Line RapidRide; and WHEREAS, the Parties have reached agreement on the location and components of the Intelligent Transportation System (ITS) and fiber optic cable resources as provided in the County's King County F Line ITS Corridor Improvements Construction Contract No. C00759C12 ( "Contract No. C00759C12 ") plans, copies of which are attached hereto as Exhibit B and incorporated herein by reference into this Agreement as if fully set forth herein; NOW IN CONSIDERATION of the mutual provisions, covenants, and agreements set forth below, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the Parties, and Parties agree as follows: 1. Purpose of the Agreement The purpose of this Agreement is to identify the roles and responsibilities of the Parties regarding the construction and maintenance of the F Line RapidRide Intelligent ITS Improvements. The Agreement identifies specific details regarding: A. City-owned conduit resources that the City will make available for County use. B. The County-owned fiber optic cable, power and other communication conductors the County will install in City conduits. 37 C. The County -owned fiber optic cable, power and other communication conductors the County will install in new conduits. D. The fiber optic cable the County will install for the City's use. E. The terms and conditions for the ownership and maintenance of the ITS cabinets (332 RapidRide ITS cabinets, 336A RapidRide ITS cabinets) and TSP compatible traffic signal controller cabinets (double door P -style cabinets) as shown in Contract No. C00759C12 plans, shown in Exhibit A, that are required to operate RapidRide transit ITS elements. 2. City Responsibilities 2.1. The City shall allow the County to install new ITS cabinets, fiber vaults, junction boxes and conduits within City right of way as shown in the Contract No. C00759C12 plans 2.2. The City shall allow the County to install fiber optic cable, power and other communication conductors in City -owned conduits as shown in the Contract No. C00759C12 plans. 2.3. The City shall install a TSP interface panel furnished by the County in the City's traffic signal controller cabinet. The City shall permit the County or its contractor to pull and terminate communication conductors from the County's RapidRide ITS cabinet to the interface panel in the City's traffic signal controller cabinet at locations shown in the Contract No. C00759C12 plans. 2.4. The City shall test, accept, and install two double door P cabinets provided by the County, at Southcenter Blvd /42nd Avenue South and Strander Blvd /Andover Parkway West, within sixty days of receiving them or by January 15th, 2012, whichever is later The City shall also install County furnished TSP compatible traffic signal controllers at these two locations as shown in the Contract No. C00759C12 plans. 2.5. The City shall allow the County to install a 20 amp breaker in the City's traffic signal service cabinet or provide an alternate service connection for the ITS cabinet, and the City shall pay for the electricity required to operate all of the equipment housed in the RapidRide ITS cabinets. The City will allow the County's contractor to install all conduit and wiring needed to provide power to the ITS cabinets from the service cabinets as shown in the Contract No. C00759C12 plans 2.6. The City shall allow the County to install the Wireless Access Point (WAP) on the City's traffic signal mast arm or luminaire arm as shown in the Contract No. C00759C12 plans. The City shall also permit the county to install the associated CAT5 cable in the City's signal /lighting pole and conduit from the WAP to the RapidRide ITS cabinet. 2.7. The City agrees to dedicate two - strands of fiber optic cable from Andover Park W /Strander Blvd to Southcenter Parkway /S 180th St for backhaul connection. 2.8. The City shall review, approve, and implement new transit signal priority (TSP) timing plans as proposed by the County at the TSP intersections along the F Line RapidRide corridor. The City reserves the right to modify signal and TSP timings if, after implementation of TSP the City determines that a significant adverse effect on intersections safety or level of service has occurred. 2.9. The City shall provide a right of way use permit for the County to work within the City's right of way and grant the necessary rights for the continuing existence of the County's improvements in the City's right of way in accordance with this Agreement. The right of way use permit shall 38 contain the City's standard terms and the right for continuing existence granted under this Agreement and shall be subject to the following terms and conditions: • The County shall keep ITS improvements installed by the County pursuant to this ITS Agreement ( "F Line RapidRide ITS Improvements ") in good order and repair and shall comply with all City requirements for undertaking work in the right of way when installing, repairing or replacing the F Line RapidRide ITS Improvements. • Relocation at City's Request. • If the City requests relocation of the County ITS Improvements in City right of way for the purposes of making street improvements or other public improvements solely by the City, the F Line RapidRide ITS Improvements will be relocated subject to the City's relocation procedures and the following conditions: • The City must provide one hundred and eighty days notice to the County prior to the date by which the F Line RapidRide ITS Improvements must be relocated. • The City and the County shall coordinate the design of the relocated F Line RapidRide ITS Improvements. • The County must approve the design, such approval not to be unreasonably withheld or delayed. • Unless otherwise agreed to by the Parties, the County shall perform the relocation. • Prior to starting construction of the relocated F Line RapidRide ITS Improvements, the City and the County shall agree on how the cost of the relocation, including costs of delays caused by the County, will be shared between the City and County. The parties shall attempt to resolve disputes regarding cost allocation using the dispute resolution process provided in Section 13 below. • If the City requests relocation of the F Line RapidRide ITS Improvements for any purpose other than making street improvements or other public improvement solely by the City, the F Line RapidRide ITS Improvements will be relocated subject to the City's relocation procedures and the following conditions: • The City must provide one hundred and eighty days notice to the County prior to the date by which the F Line RapidRide ITS Improvements must be relocated. • The City and the County shall coordinate the design of the relocated F Line RapidRide ITS Improvements. • The County must approve the design, such approval not to be unreasonably withheld or delayed. • Unless otherwise agreed to by the Parties, the County shall perform the relocation. • The City shall reimburse or cause a third party to reimburse the County for all costs the County incurs as a result of the design and relocation of the F Line RapidRide ITS Improvements. • Relocation at the County's Request. • If the County requests relocation of the F Line RapidRide ITS Improvements in City right of way for any purpose: 39 • The County must provide one hundred and eighty days notice to the City prior to the date by which the F Line RapidRide ITS Improvements are to be relocated. • The City and the County shall coordinate the design of the relocated F Line RapidRide ITS Improvements. • The City must approve the design, such approval not to be unreasonably withheld or delayed. • Unless otherwise agreed to by the Parties, the County shall perform the relocation. • The County shall pay fees for any and all required permits for the relocation and shall reimburse the City for all costs incurred as a result of the design and relocation of the F Line RapidRide ITS Improvements other than the cost of City staff time spent on such activities. 3. County Responsibilities 3.1. The County shall be responsible for all work activities required to design, construct and inspect the F Line RapidRide ITS Improvements. The County or its contractor will construct and install fiber optic cable, conduit, junction boxes, fiber vaults, wiring, ITS cabinets, service cabinet upgrades and all related equipment within the City's right of way in accordance with this Agreement and the County's Contact No. C00759C 12 plans and the right of way permits granted by the City under Section 2.8. 3.2. The County shall submit to the City the Contract No. C00759C12 plans for the City's review and approval before initiating construction. The City will have the opportunity to review and provide written comments on the plans for consistency with the recommended F Line RapidRide ITS Improvements. The County shall submit the plans to the City in electronic form. 3.3. The County shall coordinate with the City and either Seattle City Light or Puget Sound Energy, depending on applicable service area, as to any new electrical service connections requirements. 3.4. The County shall furnish the transit signal priority (TSP) interface panel for the City to install in the City's traffic signal controller cabinets at the proposed TSP locations as shown in Contract No. C00759C12 plans and listed below: • Southcenter Blvd / TIBS • Southcenter Blvd/ Macadam Rd • Southcenter Blvd /42nd Ave S • Southcenter Blvd/MacAdam Road S • Southcenter Blvd / 61st Ave S • Southcenter Blvd / 66th Ave S • Tukwila Parkway /Andover Park E • Tukwila Parkway / Andover Park W • Andover Park W / Baker Blvd • Strander Blvd / Andover Park E 40 The County or its contractor shall terminate communication conductors to the TSP interface panel in the City's signal controller cabinet that shall be connected to the TSP interface panel in the RapidRide ITS cabinet. 3.5. The County shall furnish TSP compatible traffic signal controller cabinets (double door P -style cabinets) and turn over to the City to install at the proposed TSP locations, as shown in Contract No. C00759C12 plans and listed below: • Southcenter Blvd / 42nd Ave S • Andover Park W. / Strander Blvd The County shall install the Transit Signal Priority Request Generator(TPRG) unit in the upper compartment of the double door P cabinet and shall connect the TPRG to the City's signal controller to enable transit signal priority at these intersections. 3.6. The County shall develop new transit signal priority (TSP) timing plans for the TSP intersection listed in Section 3.4. The City shall review and approve the new TSP plans and shall implement the timings in the traffic signal controllers. 4. Fiber Optic Cable 4.1. The County shall install a 72 -count fiber optic trunk cable along the majority of the F Line RapidRide corridor along Southcenter Blvd and West Valley Highway. A smaller 24 -count lateral cable will be installed to the Commercial Business District (CBD) intersections south of Southcenter Blvd and west of West Valley Highway to each of the fiber vaults identified on the Contract X plans. 12 -count laterals shall be spliced from the 24 -count lateral cable along Andover Park E to the ITS cabinets on Andover Park W, as a part of the F Line RapidRide ITS Improvements. The 72 -count trunk cable size will provide future communication capacity which could be used by King County and the local agencies for other purposes. The 72 -count fiber shall be distributed between King County and the local agencies as follows: Agency Fiber Assignment King County Metro RapidRide 24 Strands (1 -24) City of Tukwila Communications 24 Strands (25 -48) Interagency Communications 24 Strands (49 -72) 4.2. Where 24 -count lateral cables are installed, all 24 fibers shall be allocated to King County. 4.3. The County shall install an additional 72 strands of fiber for the City of Tukwila on Southcenter Blvd between 62nd Ave S and West Valley Highway. The 144 -count fiber optic cable will be installed for this section of the corridor to provide the RapidRide fiber strands as well as additional City of Tukwila fiber strands in one cable. The additional 72-strands of fiber (strands 73 -144) will be for City of Tukwila use. The County shall terminate the fibers assigned for City of Tukwila Communications into a RapidRide ITS termination cabinet (332 type) at the intersection of Southcenter Blvd/ 62nd Ave S. 4.4. The City shall provide 2- strands of City fiber from Andover Park W/ Strander Blvd to Southcenter Parkway / S 180th St for King County Metro RapidRide use. 41 4.5. Concurrent with this Agreement, the Parties will enter into a separate fiber optic project agreement to establish the terms and conditions for the ownership and maintenance of the 72- count fiber optic cable. 5. Ownership and Maintenance 5.1. The City will continue to own all City -owned conduits that it has made available to the County for the F Line RapidRide ITS project. 5.2. The F Line RapidRide ITS Improvements to the City -owned conduit, junction boxes, and traffic signal controller equipment shall become property of the City upon their completion and final acceptance. This includes the TSP interface panel housed within the traffic signal controller cabinet. 5.3. The County will own and maintain the RapidRide ITS cabinet and all new fiber optic cable, conduit, and other communication equipment and cable it installs within the ITS cabinet between the County's RapidRide ITS cabinet and the nearest junction box or vault. 5.4. The City will own and maintain the two double door P- cabinets funded by this Agreement. This includes all City - supplied equipment and the TSP interface panel housed in the lower compai liuent of this cabinet. 5.5. The County will own and maintain all County- supplied equipment housed in the upper compartment of the double door P- cabinets that will be installed by the County after the City completes installation of the new double door P- cabinets. 5.6. A goal of the RapidRide Program is to achieve a minimum of ten percent transit travel time from roadway and TSP improvements. The Parties agree to make their best faith effort to achieve and maintain a ten percent or greater transit travel time improvement on the F Line RapidRide route between the terminals at `The Landing' in Renton and Burien Transit Center. The County intends to perform before and after transit travel time studies and share this information with the City to assist in maintaining the transit travel time improvements. 5.7 The separate, concurrent agreement on the terms and conditions for the sharing of fiber optic installation projects will establish the ownership and maintenance for the 72- strand fiber optic cable. 6. Financing Total Project Price. The project price is $804,269. See Attachment A. 42 7. Schedule 7.1 The scheduled date to begin construction of the F Line ITS Improvements is January 17, 2013. 7.2 The scheduled date for completion of the F Line ITS Improvements is September 17, 2013. 7.3 The scheduled date for beginning RapidRide service is September 29, 2013. 8. Insurance and Indemnification 8.1 Insurance Requirements. If the County uses a contractor to perform work under this Agreement, after taking into account the scope of work and services which may be performed by its contractor(s), the County shall require that the County's contractor maintain Commercial General Liability, Professional Liability if professional services are required, Automobile Liability insurance, Statutory Workers Compensation, Employers Liability /Stop Gap and other insurance as may be required with prudent limits of liability as established by a County risk assessment. 8.2 Any such contractor insurance specified in Subsection 8.1 shall insure the County, its contractor, and the City and its officers, officials, agents and employees against loss arising out of or in connection with activities, performed in furtherance of this Agreement by the County's contractor. Contractor's general and automobile liability insurance and other liability insurance, except Workers Compensation and Professional Liability, as may be required shall include the City and its officers, officials, agents and employees as an additional insured and shall contain standard separation of insured's language. The County's contractor's insurance shall be primary to and not contributing with any insurance or self insurance that may be carried by the City. 8.3 Indemnification and Hold Harmless. To the maximum extent permitted by law, each Party shall protect, defend, indemnify and save harmless the other Party, its officers, officials, employees and agents while acting within the scope of their employment as such, from any and all suits, costs, claims, actions, losses, penalties, judgments, and/or awards of damages, of whatsoever kind arising out of or in connection with, or incident to the services associated with this Agreement caused by or resulting from each Party's own negligent acts or omissions. Each Party agrees that it is fully responsible for the acts and omissions of its own subcontractors, their employees and agents, acting within the scope of their employment as such, as it is for the acts and omissions of its own employees and agents. Each Party agrees that its obligations under this provision extend to any claim, demand, and/or cause of action brought by or on behalf of any of its employees or agents. The foregoing indemnity is specifically and expressly intended to constitute a waiver of each Party's immunity under Washington's Industrial Insurance Act, RCW Title 51, as respects the other Party only, and only to the extent necessary to provide the indemnified Party with a full and complete indemnity of claims made by the indemnitor's employees. The Parties acknowledge that these provisions were specifically negotiated and agreed upon by them. Each Party shall require similar indemnification language in all Agreements with subcontractors entered into in conjunction with this Agreement. 43 9. Effective Date and Term of Agreement This Agreement shall take effect upon the latest date on which one of the Parties executes this Agreement, and shall continue unless terminated pursuant to the terms of this Agreement. 10. Agreement Termination Either Party may terminate this Agreement in the event that the other Party materially breaches this Agreement. Written notice of such termination and a description of the breach must be given via certified mail by the Party terminating this Agreement to the other Party not less than sixty days prior to the effective date of termination. The breaching Party shall be given this sixty days in which to cure its material breach. If the breaching Party fails to cure within sixty days, the Agreement is immediately terminated. Upon termination, the Parties shall determine final costs and payments to be made by each Party. 11. Entire Agreement and Amendments 11.1 Entire Agreement. This document contains all terms, conditions and provisions agreed upon by the Parties hereto, and shall not be modified except by written amendment. 11.2 Amendments. Except as otherwise provided for in this Agreement, amendments may be made to this Agreement within the previously approved budget or other applicable authority for and on behalf of the City by its City Manager, and for and on behalf of the County by its General Manager of the Transit Division and shall be in writing and executed by such duly authorized representative of each Party. No variation or alteration of the terms of this Agreement shall be valid unless made in writing and signed by authorized representatives of the Parties hereto. 12. Notification and Identification of Contacts 12.1 Notice. Any notice or communication required or permitted to be given pursuant to this Agreement shall be in writing, and shall be sent postage prepaid by U.S. Mail, return receipt requested, to the contact persons and addresses identified in Subsection 12.2 of this Agreement unless otherwise indicated by the Parties in writing. 44 12.2 Contact Persons and Addresses. The contact persons for the administration of this Agreement are as follows: City of Tukwila: Cyndy Knighton Senior Transportation Engineer Public Works Department City of Tukwila 6300 Southcenter Blvd., Suite 100 Tukwila, WA 98188 (206) 431 -2450 King County, Metro Transit: Franco Fernandes Project Manager Transit Route Facilities 201 S Jackson Street KSC -TR -0413 Seattle, Washington 98104 -3856 (206) 263 -3134 13. Dispute Resolution Process The Parties, through their designated representatives identified in Subsection 12.2 of this Agreement, shall use their best efforts to resolve any disputes pertaining to this Agreement that may arise between the Parties. If these designated representatives are unable to resolve a dispute, the responsible Project Directors of both Parties shall review the matter and attempt to resolve it. If they are unable to resolve the dispute, the matter shall be reviewed by the department directors of the Parties or their designees. The Parties agree to exhaust each of these procedural steps before seeking to resolve disputes in a court of law or any other forum. 14. Records Retention and Audit During the progress of the Work and for a period not less than three years from the date of completion of the Work or for the retention period required by law, whichever is greater, records and accounts pertaining to the Work and accounting therefore are to be kept available by the Parties for inspection and audit by representatives of the Parties and copies of all records, accounts, documents, or other data pertaining to the Work shall be furnished upon request. Records and accounts shall be maintained in accordance with applicable state law and regulations. 15. Compliance with Applicable Laws The Parties agree to comply with all applicable federal, state, and local laws, rules, and regulations, including those pertaining to nondiscrimination, and agree to require the same of any subcontractors providing services or performing any of the Work using funds provided under this Agreement. 45 16. Legal Relations 16.1 No Partnership or Joint Venture. No joint venture, agent - principal relationship or partnership is formed as result of this Agreement. No employees or agents of one Party or any of its contractors or subcontractors shall be deemed, or represent themselves to be, employees or agents of the other Party. 16.2 No Third Party Beneficiaries. It is understood and agreed that this Agreement is solely for the benefit of the Parties hereto and gives no right to any other person or entity. 16.3 Assignment. Neither this Agreement, nor any interest herein, may be assigned by either Party without the prior written consent of the other Party. 16.4 Binding on Successors and Assigns. This Agreement, and all of its terms, provisions, conditions, and covenants, together with any exhibits and attachments now or hereafter made a part hereof, shall be binding on the Parties and their respective successors and assigns. 16.5 Mutual Negotiation and Construction. This Agreement and each of the terms and provisions hereof shall be deemed to have been explicitly negotiated between, and mutually drafted by both Parties. 16.6 Waiver of Default. Waiver of any default shall not be deemed to be a waiver of any subsequent default; as such, failure to require full and timely performance of any provision at any time shall not waive or reduce the right to insist upon complete and timely performance of any other provision thereafter. Waiver of breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of this Agreement unless stated to be such in writing, signed by duly authorized representatives of the Parties, and attached to the original Agreement. 16.7 Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 16.8 Jurisdiction and Venue. The King County Superior Court, situated in Seattle, Washington, shall have exclusive jurisdiction and venue over any legal action arising under this Agreement. 16.9 Rights and Remedies. The Parties' rights and remedies in this Agreement are in addition to any other rights and remedies provided by law. 16.10 Severability. If any term, condition or provision of this Agreement is declared void or unenforceable or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable.. 16.11 Entire Agreement. This Agreement embodies the Parties' entire understanding and agreement on the issues covered by it, except as may be supplemented by subsequent written amendment to this Agreement, and supersedes any prior negotiations, representations or draft agreements on this matter, either written or oral. 16.12 Survival. The provisions of this Agreement, which by their sense and context are reasonably intended to survive the completion, expiration or cancellation of this Agreement, shall survive termination of this Agreement. 46 17. Execution of Agreement — Counterparts This Agreement may be executed in two counterparts, either of which shall be regarded for all purposes as an original. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date indicated under their signatures. KING COUNTY DEPARTMENT OF TRANSPORTATION METRO TRANSIT DIVISION CITY OF TUKWILA By: Kevin Desmond, General Manager By: Jim Haggerton, Mayor Dated: Dated: APPROVED AS TO FORM: By: Dated: APPROVED AS TO FORM: By: Dated: 47 Attachment A Summary of F Line ITS Improvements F Line RapidRide Improvements Cost of Improvements Financial Plan County City 1 • Install fiber optic cable along Southcenter Blvd between TIBS and W Valley Hwy, on W Vally Hwy between Southcenter and Strander Blvd, and within the Tukwila CBD as shown in the Contract No. COO759C12 plans. $ 804,269 $804,269 $ 804,269 $804,269 -0- $ -0 - 2. Install new F Line ITS cabinets with fiber termination panels and Ethernet switches at the following intersections: - Southcenter Blvd/TIBS - Southcenter Blvd/Macadam Rd - Southcenter Blvd/61st Ave S - Southcenter Blvd/62nd Ave S (termination cabinet to City Hall) - Southcenter Blvd/66th Ave S - Tukwila Parkway /Andover Park W - Baker Blvd/Andover Park W - Strander Blvd/Andover Park E 3. Install new Double Door P style cabinets with fiber termination panel and Ethernet switch along with required communications hardware to provide TSP at the following signalized intersections: - Southcenter Blvd/42nd Ave S - Strander Blvd/Andover Park W 4. Install wireless access points as indicated on the Contract No. X plans. 5. Modify the signal at Southcenter Blvd /66th Ave S to provide a northbound through except transit lane and an overlap for the northbound right turn movement. 6. Install vaults for fiber splicing and cable storage. Equip existing vaults with rack for fiber storage. 7. Upgrade type 1 junction boxes to type 2 junction boxes to accommodate the fiber cable as indicated on the Contract No. X plans. 8. Install small sections of new conduit at signalized intersections as shown in the Contract No. X plans. 9. Develop and install signal plans for transit signal priority for TSP intersections along the corridor. Total 48 Exhibit B King County F Line ITS Corridor Improvements Construction Contract No. C00759C12 49 5 0 2012 Annual Report kAril outh County Area Transportation Board (SCATBd) Mission: The mission of SCATBd is to serve as a South King County forum for information sharing, consensus building, and coordinating in order to resolve transportation issues and promote transportation programs that benefit the South King County area. Goals: To achieve its mission, SCATBd adopted the following goals: 1. Develop and promote a transportation system that will provide personal mobility choices for South County residents consistent transportation with the goals of the Growth Management Act and; 2. Develop and promote transportation and related actions that promote and sustain economic development, through efficient movement of people and goods, within the South County and contiguous areas. Dorian Tukyiila Pat of*. Banton Seattle Normandy ,. Park SaaTat Das Kant Moine King County Maple Covington - Walley Port of Tacoma Federal Way Black Diamond iltan r lerco County. - Pierce Transit - PSRC • South Sound Chambers of Commerce Coalition - TIB WSDOT •Washington State Transportation Commission History: The South County Area Transportation Board (SCATBd) was initially formed in the late 1980's by four South County Chambers of Commerce groups and its four cities to identify and promote transportation improvements in the South King County area. Significant funding was received from the Transportation Improvement Board for these purposes, and the informal group moved towards forming a Transportation Benefit District. At King County's request, this effort was superseded in 1992 by the formation of a new and expanded SCATBd involving fourteen South County cities and King County. This was accomplished through adoption of formal motions by each participating jurisdiction. Subsequently, interlocal agreements were adopted to guide SCATBd operations. Since 1992, SCATBd has provided valuable input to the development of the King County Metro Transit Six -Year Plan and service implemented in accordance with that plan and the development, implementation of Sound Transit's Sound Move Plan, and the development of Sound Transit 2. More recently, SCATBd monitored and provided guidance to King County Metro in their development of the Strategic Plan for Public Transportation, 2011 -2021 and Metro Service Guidelines. The approved plan sets goals for regional transit by encouraging transparency, streamlining current transit policies into a single unified blueprint and establishing guidelines for the allocation of transit service throughout King County. SCATBd Structure: Members of SCATBd for 2012 are shown on the following page. Each elected official representing a city or county has one vote. Agency representatives are non - voting members. In addition 51 to formal membership, South King County Chambers of Commerce are encouraged to attend. During 2012 Algona Mayor Dave Hill served as Chair and Auburn Mayor Pete Lewis served as Vice - Chair. SCATBd 2012 Highlights: • SCATBd actively sought out opportunities to engage with local and state legislative leaders to inform them of SCATBd's top major projects and local transportation funding priorities; and of the importance of freight mobility to the economy of the region. • SCATBd held two joint meetings with the Regional Access Mobility Partnership (RAMP) to discuss mutual transportation concerns and to hear the transportation platforms of the two 2012 gubernatorial candidates. • The Board invited representatives from the Port of Tacoma and the South Sound Chambers of Commerce Coalition to become members of SCATBd. • The Board produced a 2013 Message to the Legislature brochure and an accompanying map that highlighted priority local and regional south King County projects (attached). • SCATBd approved a joint SCATBd, ETP, Seashore legislative message to the 2013 State Legislature supporting the maintenance and improvements to major state corridors, helping local governments meet their transportation needs, and supporting the use of tolling to manage and fund projects and to help mitigate the traffic impacts on other corridors (attached). • Participated in the PSRC's regional grant competition process. SCATBd recommended five projects from the South County area for consideration by the King County Project Evaluation Committee. SCATBd Website: Additional information about SCATBd, including representatives and alternates, meeting summaries and meeting dates, are available at the following Internet address: http: / /www.kingcounty.gov/ transportation / kcdot /PlanningAndPolicy/ RegionalTransportationPlanning /S ubareas /South County Area Transportation Board.aspx 52 2012 SCATBd Members Jurisdiction Board Member Algona Mayor Dave Hill (Chair) Auburn Mayor Pete Lewis (Vice- Chair) Black Diamond Pete Butkus Burien Councilmember Jack Block, Jr. Covington Councilmember Wayne Snoey Des Moines Councilmember Bob Sheckler Federal Way Councilmember Jeanne Burbidge Kent Councilmember Elizabeth Albertson King County Executive Executive Dow Constantine King County Council Councilmember Julia Patterson Councilmember Pete von Reichbauer Maple Valley Councilmember Noel Gerken Milton Councilmember Bart Taylor Normandy Park Councilmember Stacia Jenkins Renton Councilmember Marcie Palmer SeaTac Councilmember Barry Landenberg Tukwila Councilmember Allen Ekberg Pierce County Executive Pat McCarthy Pierce Transit Kelly Hayden Port of Seattle Elizabeth Leavitt Port of Tacoma Commissioner Don Meyer Puget Sound Regional Council Charlie Howard South Sound Chambers of Commerce Coalition Terry Davis TIB Steve Gorcester WSDOT Stacy Trussler Washington State Transportation Commission Commissioner Dick Ford 53 DRAFT 2012 SCATBd Work Program Goals and Accomplishments In early 2012, SCATBd developed and adopted a work program for 2012 with four major work items. A brief summary of the accomplishments under each of the four major work items are show below. 2012 Major ork Item 2012 Accomplishments Implementation • Monitored Sound Transit's (ST) light rail segment between SeaTac Airport and South 200th Street /South Corridor planning, ST's station area access studies and service changes in the South County area • Monitored WSDOT's SR 516 corridor study, and provided input. • Monitored Metro's service changes and RapidRide F Line route development in the south County area. Funding • Participated in the PSRC's regional grant competition process. SCATBd recommended five projects from the South County area for consideration by the King County Project Evaluation Committee. KCPEC forwarded 12 King County projects for regional grant competition. • Advocated for the following regional projects: o Continued support for funding Completion of I -5 /SR 509 through SeaTac to Federal Way o Completion of SR 167 from Puyallup to SR 509 in Tacoma o Completion of the I- 405 /SR 167 Interchange and increasing capacity in the 1 -405 Renton to Bellevue corridor o Completion of the I -5 /SR 18 /SR 161 Interchange (Triangle Project) o Properly connecting SR 18 to SR 167 o Completion of SR 18 from Issaquah /Hobart Rd to 1 -90 at Snoqualmie o Expansion of the Stampede Pass Rail Line and north -south mail line improvements Planning • Provided input on regional prioritization process for update of Transportation 2040 • Monitored current plans and activities in South County area as identified by members • Monitored Growing Transit Communities progress and provided input • Monitored and provided input on implementation of Metro Transit's Strategic Plan and the Alternative Service Delivery Plan. Education and Advocacy • Develop 2012 Legislative Message Brochure that identified local priority projects, regional funding priorities and identified freight mobility and pavement preservation as an important consideration for South King County jurisdictions. • Developed a joint legislative message with other subareas for the 2013 Legislature • Looked for opportunities to coordinate legislative messages with RAMP /Pierce County. • Held two joint SCATBd /RAMP meetings in 2012 to discuss regional transportation issues and to hear for gubernatorial candidates McKenna and Inslee. • Invited the Port of Tacoma and the South Sound Chambers of Commerce Coalition to participate as a members of SCATBd 54 SOUTH COUNTY AREA TRANSPORTATION BOARD (SCATBd) January 15, 2013 MEETING SUMMARY Members Councilmember Marcie Palmer (Vice- Chair) Councilmember Jeanne Burbidge Stacy Trussler Emiko Atherton Councilmember Barry Ladenburg Elizabeth Leavitt Chris Arkills Commissioner Don Meyer Maiya Andrews Kelly Hayden Councilmember Bill Peloza Mayor Dave Hill Andy Williamson Glenn Akramoff Kelly McGourty Councilmember Stacia Jenkins Councilmember Kate Kruller City of Renton City of Federal Way WSDOT King County Council (Alternate) City of SeaTac Port of Seattle King County Executive (Alternate) Port of Tacoma City of Burien (Alt) Pierce Transit City of Auburn (Alt) City of Algona City of Black Diamond (Alt) City of Covington PSRC City of Normandy Park City of Tukwila I. Open Meeting Councilmember Marcie Palmer Chaired the meeting. Alter introductions the Board adopted the December 19 SCATBd meeting summary. II. Reports, Communications and Citizen Requests to Comment Kelly Hayden reported on Pierce County Transit's Board of Director's vote to reduce service by 35% in wake of their failed ballot initiative. He said service will be reduced from its current 417,000 service hours per year down to 275,000 with no weekend service. Mr. Hayden said that Pierce Transit will maintain peak hour service during the work week, but there will be some service reductions in low productive routes. He said that "life -line service" on weekends was a concern of Pierce Transit Boardmembers, and they were looking for partnerships to support some other type of service provided by alternative carriers. He said service reductions would start in September 2013. Mr. Hayden said the agency did see an increase in sales tax collections in October, but were not expecting this as a trend for future collections. Pierce Transit will hold public hearings to give more detailed in reductions, and there will be reductions in Pierce Transit service to Federal Way and parts of south King County during the midday period. Board members asked about plans for Pierce Transit's extra inventory when service is reduced. Mr. Hayden said that their bus fleet was 100% compressed natural gas vehicles. The natural gas tanks have term life 10 -20 years, and that a majority of their fleet's tanks 55 Page 2 were in need of replacing. He said it would not be cost effective to replace the tanks on an already aging bus fleet so some of their buses will be sold for scrap. Pierce Transit will also be selling -off surplus properties and some park and ride lots, and will reduce bus stops. Vice -Chair Palmer discussed a news release about the creation of the SR -167 Completion Coalition. The new working group will bring together the stakeholders who have been working on SR 167 into a single group with a unified agenda and message. Port of Tacoma Commissioner Don Meyer said the main message of the Coalition is to get the SR 167 project completed. He said the group reflected a new momentum in SR 167, with a goal to put money and resources to get things done through legislation. Mr. Meyer said that there was a broad coalition of supporters which also included customers in eastern Washington. He also said that the condition of local streets that help move freight to and from the ports area are an important consideration. Boardmembers asked about the availability of information on the SR 167 project, and Mr. Meyer said the coalition should develop a project fact -sheet for distribution. III. Adopt SCATBd 2013 Work Program The Board reviewed the revised 2013 SCATBd work program. Councilmember Jeanne Burbidge asked to include under "Major Corridor Project Implementation and Funding" the complete list of projects that are listed in the 2013 SCATBd Legislative Message Brochure. Councilmember Ladenburg requested that the work program include an item about outreach to eastern Washington transportation stakeholders to help advocate for transportation needs. He requested a revised work program be brought back for final adoption at the February SCATBd meeting. A Motion was made and seconded to include the specific regional projects listed in SCATBd's 2013 message to the Legislature brochure into the 2013 work program and to include out -reach to eastern Washington leaders to help advocate for transportation needs. The Board requested a revised 2013 Work Program be reviewed and voted upon at their February meeting. IV. 2013 Legislative Session Update Councilmember Marcie Palmer reported that SeaShore was the last subarea to approve the joint legislative message. The Board was reminded that at their last November, 2012 meeting, the Board authorized the Chair to sign the joint letter, and ETP approved the joint letter at their December 2012 meeting. Ms. Palmer said that a final joint legislative letter will be sent to the 2013 Legislature. Ms Palmer passed out the PSRC's 2013 Legislative Message passed at the January meeting of the Transportation Policy Board (TPB). Mayor Hill went over some minor wordsmithing 56 Page 3 that occurred at the TPB meeting, including stormwater, local transit, and non - motorized language. The Board was informed that the PSRC Executive Board will review and adopt a final 2013 Recommendations at their next meeting. Ron Posthuma and Chris Arkills reported on the local funding option agreement arrived at between Sound Cities Association, King County and the City of Seattle. Mr. Arkills said he felt that the group developed a good balance in local revenue options. He said that the State Legislature required that the region needed to be in agreement on a funding package before State Legislators would consider a package. Mr. Posthuma said that the group was currently briefing stake holders, and putting together a fact sheet with specific examples of what may be done with local option revenues. SCATBd members also discussed possible fees on electric vehicles and hybrid cars, noting the declining revenues from the state gas tax. They also discussed the possibility of investigating vehicle - miles - travelled (VMT) as a possible future transportation funding source, and noted that there was a VMT pilot project occurring in Oregon. Tolling was mentioned as another funding source being looked at by the State. V. Update on the City of SeaTac's Connecting 28th /24th Avenue South Corridor Projects Susan Sanderson, City Engineer for the City of SeaTac, briefed the Board on their priority project. Connecting 28th /24th Avenue South completes a five -lane arterial corridor between South 188th Street and South 216th Street. She said the corridor provides vital connections within and between the City of SeaTac's Regional Growth Center, the Des Moines Creek Business Park, SeaTac International Airport, the South 200th Street Light Rail Station and adjacent developable properties including Port of Seattle land. This project will also complement the SR 509 corridor project. Project stakeholders include the Port of Seattle, the City of Des Moines, WSDOT, and Sound Transit. Ms. Sanderson said the project will also create access to 200 vacant acres and when developed, would create: • Up to 24,000 new jobs including 12,667 family wage jobs • 1,345,000 square feet of logistics, warehouse and industrial uses • 4,380,000 square feet of office and retail uses • 1,600 residential units and several hotels • The 28th /24th Avenue South corridor will carry about 4 millions annual tons of freight Ms. Sanderson said the total cost of the project is about $20.2 million and the cost of construction is $17 2 million and that SeaTac had about $7 million in committed funds for the project. The Freight Mobility Strategic Investment Board awarded the project $2.5 million for construction, Sound Transit is contributing about $4 million for construction. The City of SeaTac is also planning to apply for grants in 2013 and in 2014. 57 SCATBd Meeting Minutes December 18, 2012 Page 4 SCATBd members were interested in the impacts of the proposed 11,000 non - family wage earners impacts on surrounding cities in terms of housing and schools. The Board expressed an interest in further discussions regarding what type of jobs will be created to assist in long term financial planning of surrounding cities. The Highline Communities Coalition was identified as a good venue to carry on this discussion. Board requested a summary of additional economic impact information of the job growth in the 28th /24th Avenue South corridor at a future Board meeting. Emiko Atherton informed the Board that King County Councilmember Patterson was also interested about the job related aspects of the project and would like to participate in further discussions. VI. Other SCATBd members asked about the possibility of moving the SCATBd meeting start times to either earlier or later in the morning. Vice -Chair Palmer asked that this issue be at a future meeting when Mayor Lewis can chair the discussion. Other Attendees: Len Madsen, Des Moines Paul Takamine, King County DOT Jim Seitz, City of Renton Bob Giberson, Tukwila Tom Gut, SeaTac Evette Mason, Port of Tacoma Susan Sanderson, SeaTac Rick Perez, City of Federal Way Rick Perez, City of Federal Way Ron Posthuma, King County Cathy Mooney, Kent Dennis Dowdy, Auburn 4 58 SOUTH COUNTY AREA TRANSPORTATION BOARD (SCATBd) MEETING Tuesday, February 19, 2013 9:00 — 11:00 a.m. SeaTac City Hall 4800 South 188th Street SeaTac AGENDA 1. Open Meeting • Introductions • Approve summary of January 15, 2013 SCATBd Meeting* Action 9:00 a.m. 2. Reports, Communications and Citizen Requests to Comment Reports and Discussion 9:05 a.m. • Participant Updates from RTC and Other Regional Committees • Chair or Vice Chair • Legislative Session Update • SCATBd Draft Annual 2012 Report* • Citizen Comment 3. Adopt SCATBd 2013 Work Program* Report, Discussion and 9:20 a.m. Action 4. Update on the City of Normandy Park Priority Report and 9:30 a.m. Projects, Councilmember Stacia Jenkins Discussion 5. Washington Road Usage Charge Assessment, • Briefing on WSTC study to determine the feasibility of transitioning from the gas tax to a road user assessment system of paying for transportation, Jeff Doyle, WSDOT Report and Discussion 9:50 a.m. 6. MAP 21 Implications for Freight Mobility in the Report and 10:20 Puget Sound Region, Sean Ardussi, PSRC Discussion a.m. 7. Subarea Agreements Discussion Update, Mayor Report and 10:45 Lewis Discussion a.m. *Attachment to Agenda 59 South County Area Transportation Board REVISED 2013 WORK PROGRAM - Draft SCATBd Agreement • Review and provide input to SCATBd subcommittee recommendations regarding revisions to the SCATBd Agreement and SCATBd Procedures. • Adopt a 2014 — 2017 SCATBd Agreement and SCATBd Operating Procedures. 2013 State Legislative Session • Advocate for SCATBd priorities as stated in adopted legislative message. • Consider joint legislative message with other subareas. • Look for opportunities to coordinate legislative messages with RAMP /Pierce County. • Monitor other state legislation that affects regional transportation. • Provide input into the local option transportation funding proposals. Metro Strategic Plan • Monitor and provide input on implementation of Strategic Plan and 2012 work items including: 1. Annual Service Guidelines Report 2. Alternative Service Five Year Plan 3. Updates • Monitor plans for annual service changes. Regional Planning Activities • Provide input on regional prioritization process for update of Transportation 2040. • Monitor current local and State plans and activities in South County areas including the update of local transportation projects and issues, the Washington State Rail Plan, the State Freight Plan, and the Road Usage Charge Assessment study. • Monitor current plans and activities in South County area as identified by members. • Monitor Growing Transit Communities progress and provide input. • Monitor and provide input to PSRC regarding the development of a unified message on the new elements for freight under MAP 21 can be implemented to best serve the central Puget Sound freight and goods system. • Develop and implement SCATBd Legislative Action Campaigns. • Continue outreach efforts to eastern Washington stakeholders for support for SCATBd's regional priority projects. Major Corridor Project Implementation and Funding • Continue advocacy for funding for: o Completion of I -5 /SR 509 through SeaTac to Federal Way o Completion of SR 167 from Puyallup to SR 509 in Tacoma o Completion of the I- 405 /SR 167 Interchange and increasing capacity in the I -405 Renton to Bellevue corridor o Completion of the I -5 /SR 18 /SR 161 Interchange (Triangle Project) o Properly connecting SR 18 to SR 167 60 DRAFT FOR DISCUSSION February 19, 2013 o Completion of SR 18 from Issaquah /Hobart Rd to I -90 at Snoqualmie o Expansion of the Stampede Pass Rail Line and north -south mail line improvements • Monitor implementation of SR 520 tolling for implications to other corridors. • Monitor activities for replacement of the Alaskan Way Viaduct, particularly as they may affect South King County areas. • Monitor and provide input into Sound Transit's light rail segment project between SeaTac Airport and South 200th Street. • Monitor Sound Transit's station area access studies. 61 Who Are We? The South (King) County Area Transportation Board (SCATBd) is a collaborative effort of local elected officials who are committed to improving the regional transportation system. SCATBd represents an area that encompasses: 16 Cities Portions of Two Counties Three Transit Agencies The Ports of Seattle & Tacoma 9 State Legislative Districts. 691,600 People 36% of County Population Over 300,000 Jobs The largest freight, manufacturing and industrial center in the Pacific Northwest! Don Wilson/Port of Seattle 1 Membership VOTING MEMBERS: Algona Auburn Black Diamond Burien Covington Des Moines Federal Way Kent King County Executive King County Council (2) Maple Valley Milton Muckleshoot Tribe Normandy Park Pierce County Renton SeaTac Tukwila NON - VOTING MEMBERS: Pierce Transit Port of Seattle Port of Tacoma Puget Sound Regional Council South Sound Chambers Coalition Sound Transit Transportation Improvement Board WA State Department of Transportation WA State Transportation Commission MS: KSC -TR -0814 201 South Jackson Street Seattle, WA 98104 -3856 206 - 684 -1417 South County Area Transportation Board 2013 Message To The Legislature Burien Tukwila SeaTac Normndy Park 1 Desss���{{ Mor es Renton King County Black Diamond Muckleshoot Tribe King County Enwhcla,� -� Effective Transportation Systems Equal Jobs & Quality of Life! Fund Major Projects for an Integrated Transportation Grid: The following projects are necessary to cre- ate a fully functional and integrated trans- portation grid to move people and freight in the South Sound Region. Transit, all types of vehicular transportation choices and air qual- ity will benefit! • Completion of I -5 /SR 509 through SeaTac to Federal Way. • Completion of SR 167 from Puyallup to SR 509 in Tacoma. • Completion of the I- 405 /SR 167 Inter- change and increasing capacity in the 1 -405 Renton to Bellevue corridor. • Completion of the I -5 /SR 18 /SR 161 Interchange (Triangle Project). • Properly connecting SR 18 to SR 167. • Completion of SR 18 from Hobart/ Issaquah Road to 1 -90 at Snoqualmie. • Expansion of the Stampede Pass Rail Line & N/S Main Line improvements. Create Better Funding Tools for Preservation of Local Systems: Available local financing tools do not allow local jurisdictions to maintain, operate and preserve their existing systems. In South King County alone, the estimated cost to preserve roads over the next 30 years is over $2 billion. Further, local transit fund- ing is not sufficient to maintain existing transit services. We request that the Legislature: • Provide funding for expansion and maintenance of local streets used for regional freight and vehicle mobility. • Authorize new local options for fund- ing local transportation maintenance. One of these potential funding sources showing promise is the Street Mainte- nance Utility legislation. • Support a more diverse and stable funding source to maintain transit service, This is important to provide travel options for our diverse communi- ties in the South County Area. Provide Funding for Local Government GMA Needs: For many years, local governments have been accepting growth consistent with the requirements of the Growth Management Act. However, revenues have not been suf- ficient to provide the infrastructure neces- sary to support this growth. We are short hundreds of millions of dollars to provide street and transit improvements. New funding sources must be provided to finance growth! Invest Now to Keep /Grow Jobs: Competition from Canadian ports and the expansion of the Panama Canal has the po- tential to relocate thousands of jobs from our region. We must improve freight mobility in and out of our region! Jobs provide security and a stable community. Long commute times take away from family time and stalled traffic creates air pollution. Cutbacks in tran- sit service cause more traffic and green- house gas. The time is NOW to invest in regional transportation improvements! Burien SR 518 E/B off ramp to Des Moines Memorial Dr. $12m need Normandy Park 1st Ave S Multimodal Investments $8m need erce slan Increase capacity of 1 -405 Corridor between Renton & Bellevue Tukwila Interurban Ave S Improvements Ft Dent Way to S 143rd St $10.8m need Newcastle Renton Muni. Airport SeaTac Connecting 28th /24th Ave S Complete 5 lane freight corridor $11.8m need Bu n 5 u ,v port SeaTac Complete SR 509 Corridor through SeaTac to Federal Way Des Moines Transportation Gateway Project S216St &24AveS $8m need Renton Rainier Ave S Corridor Improvements $16m need Complete SR 167/ 1-405 Interchange King County RapidRide - F Line Burien to Renton ].1L I Kent S 228th St UP Grade Separation $16.9m need Kent Q Covington SR 516 from Jenkins Ck to 185th Ave SE Widen to 5 Lanes $11.8m need Complete the I -5 /SR 18 /SR 161 Triangle Project ('owing - Valley Auburn W Main St Multimodal Corridor Improvements $5m need Maple Valley SR 169 Improvements Witte Rd to 228th Ave SE $5.2m need ,: 61 `�� \, lrer Complete SR 18 from Issaquah /Hobart Rd to 1 -90 Expansion of Stampede Pass Rail Line & N/S mainline improvements Black Diamond Roberts Drive Roundabout © SR 169 ort of 11d'OIna Fede Way uhurn Federal Way Completing the I -5 /SR 18 /SR 161 Triangle Projects Pacific liill��•i Properly connect SR 18 to SR 167 Algona West Valley Highway Reconstruction $19.7m need Complete SR 167 from Puyallup to SR 509 in Tacoma Milton Interurban Regional Trail Missing Link Projects Btac Diamond Loa South County Area Transportation Board (SCATBd) Regional & Local Project Priorities SCATBd Regional & Local Priority Projects Benefits All By: • Improving freight mobility for port and general freight traffic; maintaining and preserving the "last mile" in the regional transportation system. • Removing state freeway & arterial choke points to improve the flow of freight, goods, and commuter traffic. • Improving connections between freeways and state routes. Note that the I- 405 /SR 167 interchange is identified as the worst in the state. • Improving access to downtowns and urban activity centers to support their continued economic vitality . • Removes freight and passenger rail choke points to improve rail & vehicular traffic flow and improves emergency response times. • Providing bicycle and pedestrian facilities that improve the health and well -being of our citizens. • Providing transit mobility options for commuters and residents. SCATBd REGIONAL PRIORITIES WSDOT I-5/SR 509 Corridor Completion and Freight Improvement Project Complete the SR 509 Corridor through the City of SeaTac to the City of Federal Way WSDOT I-405/SR 167 Interchange Project, 1 -405 Widening Reconstruct interchange to connect HOV lanes and increase capacity in the 1 -405 Corridor, increase capacity in 1 -405 Renton to Bellevue Corridor. WSDOT I-5/SR 18 /SR 161 Triangle Project Complete the remaining phases of the Triangle Project WSDOT SR 18 Widening Project Complete the SR 18 widening from the Issaquah Hobart Road to 1 -90 WSDOT SR 18 /SR 167 Interchange Properly connect SR 18 to SR 167 WSDOT Complete SR 167 connection Complete SR 167 from Puyallup to SR 509 in Tacoma Other Stampede Pass Rail Line 1 mprovements Expand the Stampede Pass rail line, and north south mainline improvements. SCATBd LOCAL PRIORITIES Algona W Main Street Multi -Modal Corridor Improvements This Project will reconstruct and widen the existing travel lanes to 12' and add 4' shoulders in both directions. Auburn W Main Street Multi -Modal Corridor Improvements from W Valley Highway to Interurban Trail This project will close a gap in the local non - motorized network by transforming West Main St between the Interurban Trail Crossing and W Valley Highway from a four lane section to a three lane section including a two way left turn lane and bike lanes. Black Diamond Intersection of SR 169 & Roberts Drive The project will add a roundabout at this intersection and will accommodate a future road connection to the east for the Lawson Hills Master Planned Development. Burien SR 518: Eastbound Off- ramp to Des Moines Memorial Drive A new east bound off -ramp at SR 518 and Des Moines Memorial Drive. This project will enable a heavily impacted and underused area in Burien to begin an economic revitalization that will benefit the City, the State, the Port of Seattle, and many others. Covington SR 516 from Jenkins Creek to 185th Ave SE The project will widen SR 516 to five lanes from the vicinity of Jenkins Creek to the vicinity of 185th Ave SE. The project will also widen the structure over the Jenkins Creek crossing. Des Moines Transportation Gateway Project The Transportation Gateway project improves two arterials: S. 216th Street and 24th Avenue S., serving as the City's centerpiece for economic development. Federal Way Triangle Improvements, Federal Way, I-5/SR 18 /SR 161 Phase one of the project, which includes two new flyover ramps, began in August 2010 and was completed in July 2012. Phase two has been broken up into five parts, and funding has not yet been secured for any part of phase two. Kent South 228th Street Union Pacific Railroad Grade Separation Construct a railroad overpass to separate the road from the Union Pacific railroad tracks and eliminate the existing at -grade crossing. King County RapidRide F Line RapidRide will serve the Burien Transit Center, the Link Tukwila International Boulevard Station, Tukwila Sounder Station, South Renton Park - and -Ride, and Renton Transit Center. Maple Valley SR 169 Improvement Project (Witte Road to 228th Ave SE) Construct a second northbound lane on SR 169 from Witte Road to 228th Ave SE. Other improvements include the construction of bike lane and an ADA compliant sidewalk and curb ramps, street illumination and landscaping. Milton Interurban Regional Trail Missing Link Project The City of Milton's portion of the project is a tunnel or pedestrian bridge crossing of SR 161 (Meridian) in King County and a short surface connection link to the Edgewood trail to the east. Normandy Park First Avenue South Multi- modal Enhancement Project The First Avenue South Multi -modal Enhancement Project Phase 3; adds sidewalks, bicycle lanes, and street & pedestrian lights and landscaping to the existing arterial, which is also designated as SR 509. Renton Rainier Avenue South Corridor Improvements Phase 2 will complete the improvements from S 3rd St (SR 900) to Airport Way. It includes installation of landscaped medians, curb, gutter, wider sidewalks, planted pedestrian buffer, street lighting including pedestrian scale illumination. SeaTac Connecting 28th/24th Avenue South The project will complete a five lane principal arterial corridor with bicycle lanes and sidewalks. The project provides a vital connection within and between the City of SeaTac's Regional Growth Center, the City of Des Moines, the Port of Seattle's SeaTac International Airport, and Sound Transits 200th St Link Light Rail Station. Tukwila Interurban Ave South (Fort Dent Way to South 143rd Street) The project benefits include converting the center lane to a planted median; left and u- turns will be provided for at several locations along the roadway to maintain access to abutting properties. 65 IL South County Area Transportation Board ETP EASTSI D E TRANSpRIAM 1P EA J FIORE Transportation Forum January 18, 2013 Subject: Transportation Priorities for 2013 Legislative Session Dear Legislators: The South County Area Transportation Board (SCATBd), Eastside Transportation Partnership (ETP) and SeaShore Transportation Forum are advisory boards of local elected officials committed to improving the transportation system in King County and the region. Together, members from these three boards represent the majority of King County's population. On behalf of our members, we are writing to ensure that you are aware of our priorities as the 2013 legislative session gets underway. In this time of budget shortfalls, we believe that finding solutions to our transportation problems will require leadership and cooperation at all levels of government. We offer our support helping you to make the hard decisions to support the transportation investments that are critical to the region's and the state's economic recovery and sustained prosperity. As representatives from King County, we ask you for action on these key shared priorities during this upcoming session. Maintain and improve major state corridors. Protecting and improving the existing transportation infrastructure is essential for mobility, economic development and safety. We urge the legislature to develop and fund a transportation package that will invest in critical infrastructure to meet current needs and improve freight mobility to keep and grow jobs. Help local governments meet their transportation needs. The transportation revenues available to cities and counties have been drastically reduced by rising costs, reduced gas tax collections and the global economic downturn. Available local financing tools do not allow local jurisdictions to maintain, operate and preserve their existing roadway infrastructure, respond to current transit demands, or support expected growth in population and jobs. Local governments 66 Transportation Priorities for 2013 Legislative Session January 18, 2013 Page 2 need additional and more effective tools with greater flexibility in the use of local options for funding both roads and transit to keep the system functioning, safe, reliable and responsive to our citizens' needs. Use tolling to manage and fund projects, and mitigate the effects on other corridors. The state should continue to evaluate tolling as a tool to help manage and finance specific projects in key corridors. Decisions about tolling should be made in close coordination with regional and local officials and transit agencies. Mitigation for negatively impacted jurisdictions and transportation systems should also be considered. Members of all three of our boards look forward to a robust discussion of these recommendations during the legislative session. We seek your cooperation in taking actions now to put in place the framework that will allow future transportation investment that spurs our economic growth. Thank you for your consideration. Sincerely, Peter Lewis, Mayor City of Auburn Chair, South County Area Transportation Partnership (SCATBd) Bernie Talmas, Mayor City of Woodinville Chair, Eastside Transportation Partnership (ETP) Chris Eggen, Deputy Mayor City of Shoreline Chair, SeaShore Transportation Forum 67