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HomeMy WebLinkAboutCOW 2013-03-11 COMPLETE AGENDA PACKET Tukwila City Council Agenda COMMITTEE OF THE WHOLE  Jim Haggerton, Mayor Councilmembers: Joe Duffie Dennis Robertson  David Cline, City Administrator Allan Ekberg Verna Seal  Kathy Hougardy, Council President De’Sean Quinn Kate Kruller  EXECUTIVE SESSION – 6:00 –7:00  PM PM Potential Property Acquisition – Pursuant to RCW 42.30.110(1)(c) Potential Litigation – Pursuant to RCW 42.30.110(1)(i) (60 minutes) Monday, March 11, 2013, 7:00 Tukwila City Hall Council Chambers PM 1. CALL TO ORDER / PLEDGE OF ALLEGIANCE 2. SPECIAL State of the Municipal Court. Judge Kimberly Walden. PRESENTATIONS 3. CITIZEN COMMENT At this time, you are invited to comment on items not included on this agenda (please limit your comments to five minutes per citizen). To comment on an item listed on this agenda, please save your comments until the issue is presented for discussion. 4. PUBLIC HEARING a. An ordinance approving and authorizing the proposed 223 Andover Pg.1 Park East development. Pg.49 b. A resolution adopting a work plan and public participation program for updating the Comprehensive Plan and development regulations. a. An ordinance approving and authorizing the proposed 223 Andover 5. SPECIAL ISSUES Pg.1 Park East development. b. A resolution adopting a work plan and public participation program Pg.49 for updating the Comprehensive Plan and development regulations. c. An Interlocal Agreement for Valley Special Weapons and Tactics Pg.71 (SWAT) for services to non-participating agencies. d. Tukwila Urban Center Transit Center: Pg.85 (1) An Interlocal Agreement with King County for the design, Pg.89 construction and maintenance of the Tukwila Transit Center. (2) An Interlocal Agreement with King County regarding the Pg.109 RapidRide Intelligent Transportation System. 6. REPORTS a. Mayor b. City Council c. Staff d. City Attorney e. Intergovernmental 7. MISCELLANEOUS 8. EXECUTIVE SESSION 9. ADJOURNMENT Tukwila City Hall is wheelchair accessible. Reasonable accommodations are available at public hearings with advance notice to the City Clerk's Office (206-433-1800 or TukwilaCityClerk@TukwilaWA.gov). This notice is available at www.tukwilawa.gov, and in alternate formats with advance notice for those with disabilities. Tukwila Council meetings are audio taped. HOW TO TESTIFY If you would like to address the Council, please go to the podium and state your name and address clearly for the record. Please observe the basic rules of courtesy when speaking and limit your comments to five minutes. The Council appreciates hearing from citizens but may not be able to take immediate action on comments received until they are referred to a Committee or discussed under New Business. COUNCIL MEETINGS No Council meetings are scheduled on the 5th Monday of the month unless prior public notification is given. Regular Meetings - The Mayor, elected by the people to a four -year term, presides at all Regular Council Meetings held on the 1st and 3rd Mondays of each month at 7:00 p.m. Official Council action in the form of formal motions, adopting of resolutions and passing of ordinances can only be taken at Regular Council meetings. Committee of the Whole Meetings - Council members are elected for a four -year term. The Council President is elected by the Council members to preside at all Committee of the Whole meetings for a one -year term. Committee of the Whole meetings are held the 2nd and 4th Mondays at 7:00 p.m. Issues discussed are forwarded to the Regular Council meeting for official action. GENERAL INFORMATION At each Council meeting citizens are given the opportunity to address the Council on items that are not included on the agenda during CITIZENS COMMENTS. Please limit your comments to 5 minutes. Special Meetings may be called at any time with proper public notice. Procedures followed are the same as those used in Regular Council meetings. Executive Sessions may be called to inform the Council of pending legal action, financial, or personnel matters. PUBLIC HEARINGS Public Hearings are required by law before the Council can take action on matters affecting the public interest such as land -use laws, annexations, rezone requests, public safety issues, etc. Section 2.04.150 of the Tukwila Municipal Code states the following guidelines for Public Hearings: 1. The proponent shall speak first and is allowed 15 minutes for a presentation. 2. The opponent is then allowed 15 minutes to make a presentation. 3. Each side is then allowed 5 minutes for rebuttal. 4. Citizens who wish to address the Council may speak for 5 minutes each. No one may speak a second time until everyone wishing to speak has spoken. 5. After each speaker has spoken, the Council may question the speaker. Each speaker can respond to the question, but may not engage in further debate at this time. 6. After the Public Hearing is closed and during the Council meeting, the Council may choose to discuss the issue among themselves, or defer the discussion to a future Council meeting, without further public testimony. Council action may only be taken during Regular or Special Meetings. COUNCIL AGENDA SYNOPSIS - Initials Meeting Date Prepared by Ma r'.r review Council review 02/25/13 DCS ►4.9 «" 03/11/13 DCS #(Q .�- ❑ Bid Award Mtg Date 03/18/13 DCS Mtg Date Mtg Date 03/18/13 �- SPONSOR ❑ Council ❑ FIR ❑ DCD ❑ Finance ❑ Fire ❑ IT ❑ Pd7R ❑ Police ❑ PW 1.1 Mayor SPONSOR'S The owner of 223 Andover Park East (the former Circuit City property) has requested SUMMARY permission to construct buildings that would exceed the current limits for building height and residential units. The Council is being asked review the proposed DA at the 2/25/13 Committee of the Whole. If the Council has suggested changes on 2/25, they will be incorporated into the DA that will come back before the Council on 3/11/13 for a public hearing and further discussion. The Council will be asked to approve the DA on 3/18/13. ITEM INFORMATION ITEM No. 4.A. & 5.A. 1 STAFF SPONSOR: DEREK SPECK ORIGINAL AGENDA DATE: 2/25/13 AGENDA ITEM TITLE 223 Andover Park East Development Agreement (DA) CATEGORY /1 Discussion 02/25/13 ❑ Motion Mtg Date ❑ Resolution Mtg Date /1 Ordinance ❑ Bid Award Mtg Date /1 Public Hearin, ❑ Other Mtg Date Mtg Date Mtg Date 03/18/13 Mtg Date 3/11/13 SPONSOR ❑ Council ❑ FIR ❑ DCD ❑ Finance ❑ Fire ❑ IT ❑ Pd7R ❑ Police ❑ PW 1.1 Mayor SPONSOR'S The owner of 223 Andover Park East (the former Circuit City property) has requested SUMMARY permission to construct buildings that would exceed the current limits for building height and residential units. The Council is being asked review the proposed DA at the 2/25/13 Committee of the Whole. If the Council has suggested changes on 2/25, they will be incorporated into the DA that will come back before the Council on 3/11/13 for a public hearing and further discussion. The Council will be asked to approve the DA on 3/18/13. REVIEW D BY ❑ COW Mtg. ❑ Utilities Cmte DALE: 1/28/13 /1 CA &P Cmte ❑ F &S Cmte ❑ Transportation Cmte ❑ Parks Comm. ❑ Planning Comm. COMMI'1'1'EE CHAIR: EKBERG ❑ Arts Comm. RECOMMENDATIONS: SPONSOR /ADMIN. CommrrrEE Mayor's Office Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $ $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 02/25/13 Forward to 3 /11/13 Committee of the Whole meeting MTG. DATE ATTACHMENTS 02/25/13 Informational Memorandum dated 1/23/13 Letter from Omar Lee dated 1/17/13 Conceptual sketches from Mulvanny G2 architecture firm dated 1/23/13 Mass and scale sketches dated December 2012 Ordinance authorizing the Development Agreement Draft Development Agreement Minutes from the Community Affairs and Parks Committee meeting of 1/28/13 03/11/13 As above 1 2 TO: City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton Community Affairs and Parks Committee FROM: Derek Speck, Economic Development Administrator DATE: January 23, 2013 SUBJECT: 223 Andover Park East Proposed Development Agreement ISSUE The owner of 223 Andover Park East (the former Circuit City site) has asked the City for permission to construct a building that would exceed some current zoning limits at that site. BACKGROUND In 2010, Omar and Christine Lee, as the managing members of South Center WA LLC, purchased the property at 223 Andover Park East, which was the former Circuit City site. Since that time the owners have conducted preliminary feasibility analysis to redevelop the site. Their current concept is to construct a pair of attached, seventeen story buildings that would be almost 180 feet tall and would comprise approximately 170 hotel guest rooms and 280 residential units. Current zoning at this location does not allow residential units and has a height limit of 115 feet. The owners would now like to perform additional analysis to determine if this project is financially feasible. Before they invest the additional funds necessary for the more in -depth analysis, however, they would like approval of the residential use and additional height. They are not requesting any other approvals at this time. The project would still go through the City's regular design review and building permitting processes. DISCUSSION The key question for the City is whether we want to encourage this type of development in this location. This development would be a significant change for the area. The site is located in the core of the Tukwila Urban Center (TUC), which is between Westfield Southcenter and the Sounder commuter rail station. The TUC is also known to some people as Tukwila's Southcenter District. Bringing this many residents into the Southcenter District will be a significant step toward the area feeling more like a downtown for Tukwila and would have the effect of adding a new neighborhood and constituency. These would also be the tallest buildings in Tukwila. Staff believes this is an excellent project that will serve as a positive catalyst for the City's vision for future growth in the Southcenter District for the following reasons: 1. Fosters a Neighborhood: This project will be a catalyst to create a pedestrian friendly, walkable neighborhood in the core of Tukwila's Southcenter District. The people who 3 INFORMATIONAL MEMO Page 2 would choose to stay or live in this development would do so for the convenient access to the freeways but also for the convenience of walking to restaurants, entertainment, shopping, buses, and the commuter rail station. 2. Supports Existing Business: This project's guests and residents will support existing businesses. 3. Improves City Image: The project will be high quality and will improve the image of Tukwila's Southcenter District and identity for the entire City. 4. Encourages Residential Development: The project will stimulate additional development in the Southcenter District's core by serving as an example of the financial feasibility of residential development. 5. Encourages Apartments in Other Neighborhoods to Improve: The residential units will encourage the private sector to redevelop or renovate existing apartments in Tukwila by showing demand for higher quality units and rents that justify new construction. 6. Supports Comprehensive Plan: This site lies within the core of Tukwila's Urban Center (TUC). The City's Comprehensive Plan has a vision for the TUC to be a "great place for working, shopping, doing business, living, or playing." One of the noted future features is "a core area of high quality, walkable retail, entertainment, housing, public spaces, and employment..." Since this site is located in the TUC core and would add housing that is walkable to transit, retail, and entertainment, it supports the Comprehensive Plan. 7. Supports Housing Targets: The residential units will help the City meet its housing targets as required by the State Growth Management Act and as determined through King County's Countywide Planning Policies. 8. Supports Urban Center Designation: The TUC was designated as one of the region's urban centers, which are described in the Countywide Planning Policies as areas of concentrated employment and housing with direct service by high capacity transit. As such, the TUC earns preferential treatment for transit service and facility improvements. The housing and employment with this project supports the TUC's urban center designation. Southcenter Plan The City of Tukwila is preparing a plan for the Southcenter District. The Plan will present the community's vision for the evolution and continued growth of the area for the next 20 years and will include related changes to zoning and development standards and requirements. Although the Plan is still in development, it appears that the owners' development proposal is very likely to fit within the vision of the Plan. The Tukwila Planning Commission has completed their review of the most recent draft Southcenter Plan documents and approved the draft documents as presented at their October 25, 2012 meeting. Those documents support residential uses at this site but would set a height limit of 70 feet. However, it should be noted that the owners secured a major investor just prior to the Planning Commission's approval and so the height issues inherent in this project were not fully considered. At the Planning Commission's October 25, 2012 meeting, this project was W: \Derek \Omar Lee \Council Memo V2.doc 4 INFORMATIONAL MEMO Page 3 briefly discussed and the Commission indicated strong support. If the Council approves a development agreement allowing this height at this site, the draft Southcenter Plan documents can be revised to take this policy into account. Development Agreement In order to build to this height and allow residential uses at this site, the City would need to either change the zoning for the neighborhood or execute a development agreement for that specific property. Since the City is currently working on the Southcenter Plan it is more appropriate at this time to execute a development agreement for this site. A development agreement would require the Council to hold a public hearing and approve the agreement by ordinance. Staff recommends the basic terms of the agreement to be as follows: 1. The City would grant the current owners the right to construct buildings on the Circuit City parcel up to 180 feet for up to 50% of the lot area. The remainder of the lot would have height limits as determined by the zoning in effect at the time that a complete design review application is submitted. 2. The City would grant the owners the right to include up to 300 residential housing units. 3. The owners must submit a complete building permit application to the City before the end of 2015. Otherwise, these rights expire. Once a complete building permit application is accepted by the City, the vesting rights apply as under State law. 4. The residential housing units must be platted as condos and the water intrusion system must meet the state's laws as required for condos. This agreement would provide the owners almost three years to complete the financial feasibility, complete environmental analysis, secure hotel agreements, arrange financing, complete design review, and create construction documents for building permit submittal. This agreement would not change any other governing regulations. The rest of the zoning codes, building codes, and other development standards would be applied as for any other project. This agreement would not change any fees related to the project. In the future the owners may request the City waive, amend, or defer fees but that would be a future decision for the City Council. Staff is seeking feedback from the Committee on proposed terms. If the Committee is interested in this proposal, then staff will prepare a draft development agreement and ordinance for Council approval. Staff would like the Council to hold a public hearing at the Committee of the Whole meeting on March 11 and schedule a vote for the Regular meeting on March 18. Official notice for the public hearing would be published on February 25. The Committee could reconsider this item with the draft agreement and ordinance at its meeting on February 25 and then decide whether to forward the item to the full Council. However, staff recommends the Committee forward this item to the full Council's Committee of the Whole meeting on February 25. That would enable the full council to have extra time to review and discuss the draft agreement and ordinance. W: \Derek \Omar Lee \Council Memo V2.doc 5 INFORMATIONAL MEMO Page 4 FINANCIAL IMPACT There is no additional budget requested for this item. If this project gets developed as proposed, it would generate additional sales and property taxes and fees and additional requests for public service. RECOMMENDATION The Council is being asked to consider this item at the February 25, 2013 Committee of the Whole meeting, hold a public hearing at the March 11, 2013 Committee of the Whole meeting, and take action at the March 18, 2013 Regular Meeting. ATTACHMENTS Letter from Omar Lee dated January 17, 2013 Conceptual sketches from Mulvanny G2 dated January 23, 2013 Mass and scale sketches dated December 2012 W: \Derek \Omar Lee \Council Memo V2.doc 6 South Center WA, LLC 18230 East Valley Highway Suite 195 Washington 98032 Telephone (425) 251 -1600 Facsimile (425) 251 -1900 January 17, 2013 Mayor Haggerton, We have enjoyed working with you and your staff on the future development of our property located at 223 Andover Park East, which was formerly a Circuit City store. We purchased this property in October of 2010, because we like the location and believe in the future of Tukwila's Central Business District (CBD). At our first meeting in late 2010, you and your staff shared your vision for Tukwila's CBD. This meeting inspired us to seriously consider building a pair of seventeen -story towers consisting of apartments and a luxury hotel. To date, we have made a significant investment into evaluating the financial feasibility of this project. However, before taking the next step with the development, we must have certainty regarding the allowable building height. The current zoning height limit is 115 feet. This development project requires up to 180 feet excluding mechanical appendages. We respectfully submit that requesting the City grant us a variance in the form of a development agreement. Although the project will change as our plans develop due to lender /investor requirements and market demand, our current concept is to include 171 hotel rooms and 282 residential units. We will also include some retail and restaurant space on the ground floor. We believe this project is a great opportunity for the City of Tukwila, as it will set the stage for additional developments in the CBD. This project will create many jobs and attract more customers to local businesses. Furthermore, it will improve Tukwila's image by demonstrating its status as a desirable location for large development projects and pro - growth attitude. Our investors and we have a strong track record for developing quality projects (please see a copy of my resume attached hereto). We have developed many retail and commercial properties, office buildings, apartment complexes and shopping malls. Our nearest project is only a few miles away at the Great Wall Shopping Mall in Kent. We transformed what used to be an abandoned hardware store into a thriving Asian shopping mall that provides hundreds of jobs and 7 is now used as a central location for food, entertainment and shopping. We look forward to performing a similar transformation with this currently abandoned Circuit City building. We are very excited to get this project underway and are looking forward to working with you and your staff. Thank you for your support, time and consideration. Very Truly Yours, 8 mar . 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IWM °811 010 1011101 28 Looking west over West Valley Highway and Green River towards the Mall Images provided by the Department of Community Development. All images are approximate. RAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, RELATING TO DEVELOPMENT AGREEMENTS AUTHORIZED PURSUANT TO CHAPTER 18.86 OF THE TUKWILA MUNICIPAL CODE; APPROVING AND AUTHORIZING THE PROPOSED 223 ANDOVER PARK EAST DEVELOPMENT AGREEMENT WITH SOUTH CENTER WA, LLC, A WASHINGTON LIMITED LIABILITY COMPANY; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, RCW 36.70B.170, et seq. and Tukwila Municipal Code (TMC) Chapter 18.86 authorize development agreements between the City and persons having ownership or control of real property in order to establish development standards to govern and vest the development, use and mitigation of real properties; and WHEREAS, the City of Tukwila and South Center WA, LLC wish to enter into a Development Agreement for the 223 Andover Park East development, a copy of which is attached hereto as Exhibit A; and WHEREAS, as required pursuant to TMC Section 18.86.050, a public hearing was conducted on the 11th day of March 2013 to take public testimony regarding this Development Agreement, as proposed; and WHEREAS, the City Council, pursuant to City Ordinance No 23xx, approved this Development Agreement as proposed and authorized execution of this Development Agreement; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. The 223 Andover Park East Development Agreement by and between the City of Tukwila and South Center WA, LLC, a copy of which is attached hereto as Exhibit A, is hereby approved, and the Mayor is authorized and directed to execute said Development Agreement on behalf of the City of Tukwila. W: Word Processing \Ordinances\223 APE DA 2 -20 -13 SK:bjs Page 1 of 2 29 Section 2. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section /subsection numbering. Section 3. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 4. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2013. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Shelley M. Kerslake, City Attorney Exhibit A — Development Agreement W: Word Processing \Ordinances\223 APE DA 2 -20 -13 SK:bjs 30 Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Page 2 of 2 DEVELOPMENT AGREEMENT FOR THE 223 ANDOVER PARK EAST DEVELOPMENT THIS DEVELOPMENT AGREEMENT ( "Development Agreement") is entered into as of the day of , 2013 by and between the City of Tukwila, a municipal corporation operating under the laws of the State of Washington as a non-charter code city (the "City"), and South Center WA, LLC, a Washington limited liability company ("Developer"), pursuant to the authority of RCW 36.70B.170, et seq. and Chapter 18.86 of the Tukwila Municipal Code, and in consideration of the mutual benefits to be derived. The City and Developer are sometimes collectively referred to in this Development Agreement as the "Parties," and individually as a "Party." The Parties have entered into this Development Agreement with reference to the following facts: I. RECITALS WHEREAS, RCW 36.70B.170, et seq. and • .0 Ch. 18.6 authorize development agreements between the City and persons having ownership or control of real property in order to establish development standards to govern and vest the development, use and mitigation o f real properties; and WHEREAS, the site of this development is located in the core of the Tukwila Urban Center, between Westfield Southcenter Mall and the Sounder Commuter Rail Station; and 5 WHEREAS, the proposed development pair t is for the construction of a pai of attached, 17- story buildings which would be 180 feet in height and would comprise approximately 170 hotel guest rooms and 280 residential units; an d WHEREAS, this site lies within the core of Tukwila's Urban Center (TUC). The Tukwila Urban Center Element of the Comprehensive Plan outlines a vision for the TUC to be a "great place for working, shoPping, doing business, living, or playing." One of the noted future features is "a core area of high quality, walkable retail, entertainment, housing, public spaces, and employment...7 This site is located in the TUC core and would add housing that is walkable to transit, retail, and entertainment: thus, it supports the Comprehensive Plan; and WHEREAS, Tukwila's Urban Center is one of the region's 17 designated urban centers. The Countywide Planning Policies defines and envisions urban centers as areas of concentrated employment and housing with direct service by high-capacity transit. This proposed development would place concentrated employment and housing within the core of the Tukwila Urban Center and helps the City meet the intended purpose of the urban center; and WHEREAS, this development will be a catalyst to create a pedestrian friendly, walkable neighborhood in the core of Tukwila's Urban Center. People who would choose to stay or live in this development would do so for the convenient access to the freeways but also for the 1 31 convenience of walking to restaurants, entertainment, shopping, buses, and the commuter rail station; and WHEREAS, the development will be of high quality and will improve the image of Tukwila's Southcenter District and identity for the entire City; thereby having the potential to attract further high quality development; and WHEREAS, This development will stimulate additional residential development in the area by demonstrating the financial feasibility of this type of development and demonstrating demand for high quality housing stock; and WHEREAS, residential units will assist the City in meeting its housing targets as required by the Growth Management Act and as determined through King County's Countywide Planning Policies; and WHEREAS, the City has a goal to encourage ownership of housing as a method to foster stability in our population and schools. This project would, be developed with the ability to readily convert to condominiums; and WHEREAS, as required pursuant to TMC 18.86:00, a public hearing was conducted on the 11th day of March, 2013 to take public testimony regarding this Development Agreement, as proposed; and . .. WHEREAS, the City Council, pursuant to City Ordinance No. approved this Development Agreement as proposed and authorized execution of this Development Agreement; and WI pursuant to ['MC 18.86.080, the decision of the City Council to approve or reject Developers request for a development agreement is a discretionary, legislative act; and WHEREAS, the Parties desire to enter into this Development Agreement upon the terms and conditions as set forth herein, NOW, THEREFORE, in consideration of the mutual agreements contained herein, as well as other valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, the City and Developer hereby agree as follows: II. AGREEMENT Section 1. Incorporation of Recitals. The Parties agree that the foregoing recitals are true and correct to the best of their knowledge and are incorporated by this reference as though fully set forth herein. Section 2. Project Description. This development involves the construction of two attached 17-story buildings and related parking facilities. The Property is located within the 2 32 Tukwila Urban Center. Exhibit A (legal description) and B (site map). Use of the Property will consist of approximately 170 hotel guest rooms and 280 residential units, as well as related parking facilities. Section 3. ta tement of Authority and Intent. This Development Agreement is entered into pursuant to the authorization of RCW 36.70B.170 and TMC 18.86 and is intended d and designed to vest this development to certain terms and conditions. Other than those terms .d and conditions specifically identified in this Agreement, the City s regulatory codes in effect at the time of a complete building permit application are accepted by the City shall apply. Section 4. Development Standards; Conditions. 4.1 Effective Period of this Agreement. This Development Agreement shall be valid until December 31, 2015.t application have If Developer has not submitted, and the City has not accepted, a complete building perm. p lication and building permits h not been secured for the development by that date, this Development 'Agreement shall be void and development may occur on the subject site pursuant to the then-adopted development regulations. 4.2 Application of Development Standards. ::RCW 36.70B.180(3)(d) and TMC 18.86.030 authorize the6e0st3a0blishmenfof:design standards by a development agreement. More specifically, TMC 18.86.030 provides that, di.development agreement may allow development standards different from those otherwise imposed under the Tulovla Municipal Code in order to provide flexibility to ac ea public benefits, respond to ell)! ing community needs, or encourage modifications t provide the functional equivalent changing adequately achieve the purposes of otherwis applicable City standards. Pursuant thereto and during the Effective Period, the provisions of Section 4 set forth the development standards that differ from or supplement those standards 'set forth in the City's development regulations. Accordingly, the following development standards shall apply to ancf`govern and vest the development and use of the Project in lieu of an conflicting or different standards or requirements elsewhere in the Governing Regulations. 4.3 Additional Building 1-leight< The maximum building height for 50 percent of the sites that the feet. The remainder of the site would be limited in height by the zoning code in effect e time-of complete building permit application. This increase in building height is consistent with the gC4sof the Comprehensive Plan to encourage residential development within the Urban Center an d is consistent with the City's vision of increased urban density. 4.4 Residential Units. The City will allow up to 300 residential housing units to be constructed on the Site. 4.5 Condominium Designation. In order to receive a Certificate of Occupancy the Developer must demonstrate that a Washington condominium declaration has been recorded for all residential units built, along with the survey map and plans, which show surveying data for the overall parcel, as well as details of buildings and the location of units. These documents must be in conformance with RCW 64.34 et seq. In addition, all applicable development plans 3 33 submitted to the City for the residential building must show that the Site's water intrusion system meets the Washington State standards for condominium development. Section 5. Major and Minor Amendments - Development Agreement. All proposed amendments to the Development Agreement shall be considered in accordance with this Section 5. 5.1 p r oc e s s• The he Mayor may approve M in o r Amendments nendmelt , to the e Development el ome nt Agreement proposed by the City or Developer and mutually agreed to by the Part e s Such approval shall be in writing and the resulting amendment shall be incorporated nto this Development amendment. The City Cot_oimay approve major Amendne nts to the Deve lop ment Agreem era in accordance the same process for approval of t he Development Agreement. A Major Amendment to the D evelopment Ag reenen:approve d by the City Council, and mutually agreed to by the Parties, shall incorporated Developm ent Agreement as an amendment Purs nant to sect .on 21 here of. 5.2 Minor Arendment Define-. A proPosed amenLm ent to the Development Agreement shall be eensaered amlnor amendment if the proposed am endment does not modify the Governing Regul .ibrs or seet.r4(DevetoPm ent „tandards; Conditims)ierootdoesnut materially modify the size or scoPeotthodeveiopment d does no t modify the Vesting Period or term o f this Deve o _ment Ag reem e nt. 5.3 Major Amendment Defined. A proposed amendment to the Development Agreement shall be considered a Major Amendment if the proposed amendment does not constitute a Minor Amendment. 5.4 Determination. An application for a Minor Amendment shall be made to the Mayor. The application shall describe the proposed Minor Amendment in sufficient detail such that the Mayer can determine whether or n the t.. proposal qualifies as a Minor Amendment. If the application does not 'provide sufficient in o.rm.ation, the Mayor may request additional information from the Developer or reject e application. Upon receipt of sufficient information to determine it' the proposal Set forth in the . application constitutes a Minor Amendment, the Mayor shall determine if the proposal amendment a Minor Amendment. In the event that the Mayor determines that the prop S,,b the mment is a Minor Amendment, the Minor Amendment may be administratively approved Mayor. In the event that the Mayor determines that the proposal constitutes a Major Amendment, the Developer shall submit the proposal in accordance with the same process for approval Development Agreement, withdraw its proposed amendment, or modify and re-submit its proposed amendment. The determination of the Mayor shall be a final decision. Section 6. Further Discretionary Actions. Developer acknowledges that the Development Agreement contemplates the exercise of further discretionary powers by the City. These powers include, but are not limited to, review of permit applications under SEPA. Nothing in this Development Agreement shall be construed to limit the authority or the obligation of the City to hold legally required public hearings, or to limit the discretion of the 4 34 City and any of its officers or officials in complying with or applying Governing Regulations and the development standards and conditions set forth in Section 4 hereof. Section 7. Existing Land Use Fees and Impact Fees. Generally applicable land use fees and impact fees adopted by the City by resolution or ordinance as of the effective date of this Development Agreement may be increased by the City from time to time, and the new fees applied to subsequent permits and approvals for the Property. Section 8. Specific Performance. The Parties specifically agree that damages are not an adequate remedy for breach of this Development Agreement, and that the Parties are entitled to compel specific performance of all material terms of this Development Agreement by any Party in default hereof Section 9. Termination. This Development Agreement shall expire and/or terminate on the earlier of the termination/expiration provisions set forth as follows: 9.1 This Development Agreement shall terminate upon the expiration of the Effective Period identified in Section 4 hereof 9.2 Upon termination of this Development Agreement, the City shall record a notice of such termination in a form satisfactory to the City Attorney that the Development Agreement has been terminated. Section 10. Assignment and Assumption. The Developer shall have the right to sell, assign or transfer this Development Agreement with all its rights, title and interests therein to any person, firm or corporation at any time during the term of this Development Agreement. City Developer shall provide the ity with written notice of any intent to sell, assign, or transfer all or a portion of the Subject Property, at least 30 days in advance of such action. Section 11. Covenants Running With the Land; Recording. The conditions and covenants set forth in this Development Agreement and incorporated herein by the Exhibits shall run with the land and the benefits and bin-dens shall bind and inure to the benefit of the Parties. The Developer, and every pu.archtaser . g , assignee nee or transferee of an interest in the Property, or any portion thereof, shall be obligated ig and bound by the terms and conditions of this Development Agreement, and shall be the ne ed b ficay iar thereof and a party thereto, but only with respect to the Property, or such portion thereof hereof sold, assigned or transferred to it. Any such purchaser, assignee or transferee shall observe and full y perform all of the duties and obligations of a Developer contained in this Development Agreement, as .such duties and obligations pertain to the portion of the Property sold, assigned or transferred to it. Section 12. Amendment to Agreement; Effect of Agreement on Future Actions. This Development Agreement may be amended by mutual consent of all of the Parties, provided that any such amendment shall follow the process established for Major and Minor Amendments as set forth in this Development Agreement. 5 35 Section 13. Releases. Developer, and any subsequent owner, may be released from further obligations relating to the sold, assigned, or transferred portion of the Property, provided that the buyer, assignee or transferee expressly assumes the obligations under this Development Agreement as provided herein. Section 14. No Third-Party Beneficiary. This Development Agreement is made and entered into for the sole protection and benefit of the Parties hereto and their successors and assigns. No other person shall have any right of action based upon any provision of this Development Agreement. Section 15, Interpretation. The Parties intend this evelopment Agreement to be i interpreted to the full extent authorized by law as an exercise of the City's authority to enter into development agreements pursuant to RCW 36.70B.:170 et seq., and this Development Agreement shall be construed to exclude from the scope of ;his Development Agreement and to reserve to the City, only that police power authority which is prohibited by law from being subject to a mutual agreement with consideration. This Development Agreement reement has been reviewed and revised by legal counsel for both Parties, and no presumption or rule construing ambiguity against the drafter of the document shall apply to the interpretation or enforcement of this Development Agreement. Section 16. Notice. All communications, notiees, and demands of any kind that a Party under this Development Agreement requires or desires to give to any other Party shall be in writing and either (i) delivered personally. (ii) sent by facsimile transmission with an additional copy mailed first class, or (iii) deposited in the U.S. mail, certified mail postage prepaid, return receipt requested, and addressed as follows: If to the , of Tukwila 6200 Southeenter Boulevard Tukwila, WA 98188 ttn: Mayor's Office Witftecopy to: City Attorney City of TukWila Kenyon Disend, PLLC 11 Front Street South Issaquah, Washington 98027-3820 General: 425-392-7090 Fax: 425-392-7071 36 6 If to Developer: South Center WA, LLC 18230 East Valley Highway, Suite 195 Kent, WA 98032 425- 251 -1600 Notice by hand delivery or facsimile shall be effective upon receipt. If deposited in the mail, notice shall be deemed delivered forty -eight (48) hours after deposited. Any Party at any time by notice to the other Party may designate a different address or person to which such notice or communication shall be given. Section 17. Excusable Delay (Force Maier re). In addition to specific provisions of this Development Agreement, and notwithstanding anything to the contrary in this Development Agreement, neither Party shall be in default in the performance or the failure of performance of its obligations under this Development Agreement, or in the delay of its performance, where such failure or delay is due to war, insurrection, strikes, lock -outs or other labor disturbances, one or more acts of a public enemy, war, riot, sabotage, blockade, embargo, floods, earthquakes, fires, quarantine restrictions, freight embargoes, lack of transportation, court order, delays or failures of performance by any overnmental authority or utilit com an so long as the Party Y Yg Y Y p Y( g Y seeking the extension has adequately complied with the applicable processing requirements of such governmental authority or utility company), resulting from changes in any applicable laws, rules, regulations, ordinances or codes, or a change in the interpretation thereof by any governing body with jurisdiction, delays resulting from :the weather or soils conditions which necessitate delay, delays resulting from litigation (including suits filed by third parties concerning or arising out of this Development Agreement) or any other cause (lack of funds of Developer, Developer's in bility to finance the construction of the development, and Developer's inability to lease the l rove nents, are not causes beyond the reasonable control or without the fault of Developer) beyond the reasonable control or without the fault of the Party claiming an extension of time to perform or an inability of performance. The extension of time for any cause shall be from the time of the event that gave rise to such period of delay until the date that the cause for the extension no longer exists or is no longer applicable, in each case as evidenced by a notice from the Party claiming the extension. An extension of time for the duration of such event will be deemed granted if notice by the Party claiming such extension is sent to the other as to any of the above causes other than Permit Delays, within 10 days from the commencement of the cause and such extension of time is not rejected in writing by the other Party within 10 days of receipt of the notice (such extension of time is referred to herein as "Force Majeure "). Times for performance under this Development Agreement may also be extended in writing by the City and Developer in accordance with Section 11 herein. 7 37 Section 18. Indemnification. Except as otherwise specifically provided elsewhere in this Development Agreement and any Exhibits hereto, each Party shall protect, defend, indemnify and hold harmless the other Party and their officers, agents, and employees, or any of them, from and against any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, which are caused by or result from any negligent act or omission of the Party's own officers, agents, and employees in performing services pursuant to this Development Agreement. In the event that any suit based upon suc h a claim, action, loss, or damage is brought against a Party, the Party whose negligent action or omissions gave rise to the claim shall defend the other Party at the indemnifying Party's sole cos t and expense; and if final judgment be rendered against the other Party and its officers, agents, and employees or jointly the Parties and their respective officers, agents, and emplOyees, the Parties whose actions or omissions gave rise to the claim shall satisfy the same; provided that. , in the event of concurrent negligence, each Party shall indemnify and hold the other Parties harmless only to the extent of that Party's negligence. The indemnification to the City hereunder shall be for the benefit of the City as an entity, and not for members of the general public. Section 19. Applicable Law and Attorneys' Fees. This Development Agreement shall be construed and enforced in accordance with the laws of the State of Washington. If litigation is initiated to enforce the terms of this Development Agreement, the prevailing Part y shall be entitled to recover its reasonable ,attorneys fees and costs from the non-prevailing Party. Venue for any action shall lie in King, County Superior Court or the U.S. District Court for Western Washington. Section 20. Third Party Legal Challenge. In the event any legal action or special proceeding is commenced by any person or entity other than a Party, or successor or assign of Developer, to challenge this Development Agreement or any provision herein, the City may elect to tender the defense of such 19Mrsijitor individual claims in the lawsuit to Developer and/or successor(s) t*nspign(s). In such event, Developer . and/or such successor(s) or assign(s) shall hold the City harmless from and. ` d i defend the from all costs incurred and expenses incued in the defense of such lawsuit or individual claims in the lawsuit, including, but not limited to, attorneys' ,fees and expenses of litigation, and damages awarded to the prevailing party or parties in such litigation. The Developer and/or such successor(s) or assign(s) shall not settle an y lawsuit withodt the consent of the City. The City shall act in good faith and shall not unreasonably withhold consent to settle. Section 21 . Severability. If any phrase, provision or section of this Development Agreement is determined 1137, a court of competent jurisdiction to be invalid or unenforceable, or P if any provision of this Development invalid Agreement is rendered invald or unenforceable according to the terms of any statute of the State of Washington which became effective after the effective date g e ate of the ordinance adopting this Development Agreement, a n d either Party in good faith determines that such provision or t provisions are material to its entering into this Development Agreement, e greement, that Party may to terminate this Development Agreement as to all of its obligations remaining unperformed. 8 38 Section 22. Authority. Each Party respectively represents and warrants that it has the power and authority, and is duly authorized, to enter into this Development Agreement on the terms and conditions herein stated, and to deliver and perform its obligations under this Development Agreement. Section 23. Exhibits and Appendices Incorporated. Each Exhibit attached hereto or referenced is incorporated herein by such reference as if fully set forth herein. Section 24. Headings. The headings in this Development Agreement are inserted for reference only and shall not be construed to expand, limit or otherwise modify the terms and conditions of this Development Agreement. Section 25. Time of the Essence. Time is of the essence of this Development Agreement and of every provision hereof. Unless otherwise set forth in this Development Agreement, the reference to "days" shall mean calendar days. If any time for action occurs on a weekend or legal holiday in the State of Washington, then the time period shall be extended automatically to the next business day. Section 26. Entire Agreement. This Development Agreement, and the DDA referenced herein, represents the entire agreement of the parties with respect to the subject matter hereof. There are no other agreements, oral or written, except as expressly set forth herein and this Development Agreement supersedes all previous agreements, oral or written. ... . ',,:,,,'!:■%':‘,3, ‘,,,„ ''''',';,,, '' ' :,, ,, „,, IS SECTION INTENTIONALLY LEFT BLANK 9 39 40 AS OF THE DATE FIRST WRITTEN ABOVE, the Parties evidence their agreement to the Terms of this Development Agreement by signing below: Attest: By: Christy O'Flaherty, City Clerk CITY: CITY OF TUKWILA, a municipal corporation By: Jim liaggerton Mayor Approved As To Form: By: Shelley Kerslake City Attorney South Center WA, LLC By: 10 Omar Lee Manager STATE OF WASHINGTON ) )ss COUNTY OF On , 20 , before me, the undersigned, a Notary Public, personally appeared JIM HAGGERTON, personally known to me (or proved to me on the basis of satisfactory evidence) as the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same in his authorized capacity as MAYOR OF THE CITY OF TUKWILA, and that by his signature on the instrument the entity upon behalf of which he acted, executed the instrument. WITNESS my hand and official seal. Print Name: NOTARY PLIBLIC in and for the State of Washington, residing at My commission expires: STATE OF WASHINGTON) )ss COUNTY OF On , 20 , before me ' the undersigned, a Notary Public, personally appeared OMAR LEE, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same in his authorized capacity, as MANAGER OF SOUTH CENTER WA, LLC, and that by his signature on the instrument the entity upon behalf of which he acted, executed the instrument. WITNESS my hand and official seal. Print Name: NOTARY PUBLIC in and for the State of Washington, residing at My commission expires: 11 41 Exhibit A Exhibit B EXHIBITS: Legal Description of Property Depiction of the Property 12 42 Exhibit A Legal Description of the Property ANDOVER INDUSTRIAL PARK # 2 PORTION OF TRACT 9 - BEGIN NW CORNER TH SELY ALONG CURVE TO LEFT RADIUS OF 573.69 FT CENTER BEARING N 86 -37- 32 E ARC DISTANCE OF 15.07 FT TO POB TH S 88 -25 -27 W 208.90 FT TH S 88 -25- 14 E 140.09 FT TH S 88 -25 -27 E 224.93 FT TAP ON E LINE OF TRACT 9 TH ALONG PERIMETER OF TRACT 9 S 01 -05 -08 W 273 FT TH N 88 -25 -27 W 505.43 FT TH N 14 -39 -30 W 184.47 FT TH ALONG CURVE TO RIGHT RADIUS OF 573.69 FT ARC DISTANCE OF 97.91 FT TO POB 13 43 44 irmu 0031 .0115. ..U71 . �2...._ Exhibit B Depiction of the Property 14220 SF 3032 6.58 BAKER BLVD 527.44 32`:.20 S 0037 152.01 10' ;1 11:. 591ST. STRIAL PARK NO. 2 4615, SF 1.14 AC 575.27 208.90 1.•40.09 224.93 0 - TR. 9 21223: AC 0075 145 507 22 3.41 AC 01.127 Subject Propert 022320 N8 25 -27 E ANDOVER INDUSTRIAL PARK NO. 3,, 14 L TDK LLA i L04-0026 940524 ,C CJ to 7 45 46 City of Tukwila Community Affairs and Parks Committee COMMUNITY AFFAIRS AND PARKS COMMITTEE Meeting Minutes January 28, 2013 — 5:15 p.m. PRESENT Councilmembers: De'Sean Quinn, Acting Chair; Kathy Hougardy (filling in for Allan Ekberg) and Kate Kruller Staff: Jack Pace, Bob Benedicto, Kathy Stetson, Derek Speck, Evie Boykan, Peggy McCarthy, David Cline and Kimberly Matej Guests: Omar Lee, South Center WA LLC; Christine Lee, South Center WA LLC; Jerry Quinn, MulvannyG2; Craig Davenport, MulvannyG2; Cho Suzumura, MulvannyG2 CALL TO ORDER: Acting Committee Chair Quinn called the meeting to order at 5:22 p.m. The order of agenda items was changed from that as outlined on the original agenda cover sheet in order to accommodate attendees. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Memorandum of Understanding: Joint Human Services Application and Funding Program Staff is seeking Council approval to enter into a Memorandum of Understanding (MOU) with 19 cities, including Tukwila, for the implementation of a joint human services application and funding program. This item is being brought forward to Council as it is comparable to, and largely considered an interlocal agreement, and all such agreements require Council approval. Staff explained that the MOU formalizes processes for application and online reporting for human services funding that has been utilized since 2010. Overall, the program creates administrative efficiency, reduces costs, and coordinates activities. The program will be managed by the City of Kent and will cost the City of Tukwila $500 annually. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 4 REGULAR MEETING CONSENT AGENDA. B. Proposed Development Agreement: 223 Andover Park East Staff is seeking Committee approval to forward a proposed development agreement to full Council for discussion. The agreement is regarding the property located at 223 Andover Park East (the former Circuit City site). A development agreement is being considered for this site because the proposed development would conflict with current zoning limits for the site. Specifically, the building height would be 180 feet, surpassing the current City limit of 115 feet in this location as well as incorporating 280 residential units into the development in an area that does not currently allow residential. The developers are interested in conducting additional studies, research, and analysis in order to determine the feasibility of the project. However, prior to investing substantial monies for such they are seeking to enter into a development agreement that would approve the residential dwellings and additional height. This agreement would not provide design approval. It would provide the developers with almost three years to complete the feasibility studies, additional analysis and create construction documents for building permits. The agreement would not change any other governing regulations. After discussion among Committee Members, staff and developer representatives, the Committee was in favor of this item moving forward to full Council for discussion. A draft development agreement will be submitted to full Council for review, after which a public hearing will he scheduled as appropriate. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 25 COW FOR DISCUSSION. 47 48 COUNCIL AGENDA SYNOPSIS Meeting Date Prepared by Mayor's review Council review 03/11/13 RF /11C_ HO ti 03/18/13 RF Ordinance Mtg Date 0 Bid Award Mtg Date ■ Public Hearing • Other Mtg Date Mtg Date 03/18/13 Mtg Date 03/11/13 Mtg Date SPONSOR Council I Mayor L HR ■ DCD LI Finance Fire U IT U P&R Police U PW ITEM INFORMATION ITEM No. 4.B. & 5.B. 49 STAFF SPONSOR: JACK PACE ORIGINAL AGENDA DATE: 3/11/13 AGENDA ITEM TITLE Process for completing 2015 Comprehensive Plan Update CATEGORY ■ Discussion 03/11/13 Motion Mtg Date ■ Resolution Ordinance Mtg Date 0 Bid Award Mtg Date ■ Public Hearing • Other Mtg Date Mtg Date 03/18/13 Mtg Date 03/11/13 Mtg Date SPONSOR Council I Mayor L HR ■ DCD LI Finance Fire U IT U P&R Police U PW SPONSOR'S The Washington Growth Management Act requires the City of Tukwila to review and if SUMMARY necessary, update its Comprehensive Plan and development regulations by June 30, 2015. The Council is being asked to approve the process, including work plan and public participation program, that will be followed during the review and update. REVIEWED BY • COW Mtg. Cmte 0 CA&P Cmte F&S Cmte U Transportation Cmte LI Utilities DALE: 2/25/13 Arts Comm U Parks Comm. Planning Comm. COMMilEE CHAIR: EKBERG RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE Department of Community Development Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $ $ $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 03/11/13 MTG. DATE ATTACHMENTS 03/11/13 Informational Memorandum dated 02/19/13 Resolution in Draft Form, with attachments Minutes from the Community Affairs and Parks Committee meeting of 02/25/13 03/18/13 49 50 TO: City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton Community Affairs and Parks Committee FROM: Jack Pace, Director Department of Community Development BY: Rebecca Fox, Senior Planner DATE: February 19, 2013 SUBJECT: 2015 Comprehensive Plan Update Work Plan and Public Public Participation Program ISSUE The City is required to take action to review and, if needed, revise the City's Comprehensive Plan and development regulations to ensure compliance with the requirements of the Growth Management Act (RCW 36.70A. 130 (1) by June 30, 2015. The Council is being asked to approve the Public Participation Program and Work Plan for the Comprehensive Plan's required review, and to forward this item to the Planning Commission. BACKGROUND The City of Tukwila's Comprehensive Plan, adopted in 1995, establishes goals and policies that guide the community as it accommodates growth and change over time. The Comprehensive Plan's policies and land use map articulate the community's long range vision. The Comprehensive Plan has been amended periodically to keep up with changing requirements, and in response to amendment applications from the public. The Washington State Growth Management Act (GMA) gives Tukwila the opportunity to amend the Comprehensive Plan once a year, unless it is an emergency. Applications for amendments are due by December 31, and are reviewed during the following year, with the potential for two separate reviews by the City Council, and one by the Planning Commission. There are opportunities for public comment at each stage. In addition to these regular amendments, the state Growth Management Act (GMA) requires counties and cities to periodically conduct a thorough review of their plan and development regulations to bring them up to date with any relevant changes in the GMA and to respond to changes in land use and population growth. Although the basic structure of the GMA has remained intact over the years, the state legislature has amended it frequently. The last required systematic review and update was completed in 2004. The next update must be completed by June 30, 2015. DISCUSSION No annual amendment requests were received from the public for consideration in 2013. The City Council has been briefed that Comprehensive Plan elements are being considered in phases, and that Tukwila is undertaking the required update effort over several years. To date, update work has been completed on the Manufacturing /Industrial Center element (6/11), and the goals and policies in the Shoreline element (8/11). 51 INFORMATIONAL MEMO Page 2 Work is on -going on the Southcenter Sub -Area Plan which is expected to come before the City Council later in 2013. The Comprehensive Plan's Tukwila Urban Center element policies are the basis for the Southcenter Sub -Area Plan. These policies have already been reviewed and recommended by the Planning Commission, and will come before the City Council as part of the Comprehensive Plan update. In 2013, staff will review the Utilities, Capital Facilities, Transportation, Natural Environment and Community Image elements. The Natural Environment element will highlight trees and urban forestry and is being reviewed by a citizen subcommittee. New narrative will be added to the Shoreline element to make it consistent with the Shoreline policies and Shoreline Management Program, adopted in 2011. In addition, policies from the Tukwila Urban Center element have already been reviewed and recommended by the Planning Commission. Goals, objectives and strategies that were developed for Tukwila's Strategic Plan will be integrated into Comprehensive Plan policies and implementation strategies, with a special focus in the Community Image element. The review and update during 2013 will follow the same basic procedure that is used for Council review of annual amendments, with the exception that the Council will adopt a resolution setting out a public process and work plan. Rather than deciding whether to forward a specific amendment request to the Planning Commission, the Council is asked to approve a public participation process and work program, and to forward that to the Planning Commission along with the elements that are being updated this year. The resolution, public process and work plan will be forwarded to the Washington Department of Commerce, and will specify topics to be covered in 2013. The Planning Commission will consider the proposed amendments, hold a hearing and make a recommendation. The recommendation is then forwarded back to the City Council for a hearing, deliberation and adoption. To simplify City Council review of the Planning Commission's recommendations, staff is requesting that the Planning Commission's recommendations go directly to the Committee of the Whole for review /briefing /work sessions, rather than going to individual subject committees first (i.e. Utilities Committee for Utilities Element, Transportation Committee for Transportation Element, Finance Committee for Capital Facilities Committee, CAP for Natural Environment, Shoreline and Community Image Elements). Through this process, the entire Committee of the Whole would be able to consider the Planning Commission's recommendations through briefings /work sessions The Comprehensive Plan update includes the following assumptions: • Primary goals and objectives remain relevant and will be maintained from the current Plan; • Updates will focus on elements that require revision per changes to the Washington Growth Management Act, and Countywide Planning Policies; • Tukwila Strategic Plan's vision and goals will be reflected and incorporated in the Comprehensive Plan; • Policies and descriptions will be updated, simplified and edited to increase clarity and consistency throughout the document; • The format will be updated to improve on -line functionality and attractiveness; • The document's elements may be reorganized or consolidated for greater readability and conciseness. W:\2013 Info Memos - Council \CompPlanProcess.doc 01/24/2013 2 52 INFORMATIONAL MEMO Page 3 Future Work: A similar process will be followed for portions of the update that will occur in 2014 and 2015. In 2014 -2015, staff will review and, if necessary, update the remaining elements, including Economic Development, Housing, Annexation, Residential Neighborhoods, Transportation Corridors, Tukwila South, Roles and Responsibilities and Maintenance of the Plan to ensure that they are consistent with all GMA requirements, including the Countywide Planning Policies, and that goals and policies are presented as clearly as possible. Some of the components of the existing plan are relatively current, and will likely need little, if any update. Other elements may be significantly out of date. Elements may be revised or eliminated. For example, the Annexation element may be unnecessary if all of Tukwila's potential annexation areas have been incorporated by the 2015 update deadline. Public participation activities will not be uniform, but instead will be tailored to the characteristics of individual elements. Topics that are likely to prompt a high degree of public interest or potential impact will utilize public participation activities that are different from those needed by topics which are being updated to meet technical requirements. Outreach tools that were part of the strategic planning process may be tried as appropriate. The proposed Community Liaison Program may afford opportunities and resources for targeted public involvement in the Comprehensive Plan update. The Comprehensive Plan language and format will be edited and updated so that it is more conducive to a digital presentation, and more convenient and attractive for all users. All required updates shall be adopted by June 30, 2015 to meet the State of Washington's deadline Much of the recent public outreach work done, and the techniques that were used to develop the Strategic Plan is applicable to the Comprehensive Plan update. Through this work, residents and businesses developed and stated their priorities for Tukwila. The goals and policies of the Strategic Plan are consistent with the vision that the Tukwila community has articulated for the long -term Comprehensive plan. They will be incorporated into the Comprehensive Plan. The state suggests that local jurisdictions adopt the required public participation program by resolution or ordinance to formalize the update process and help meet the GMA requirements for early and continuous public involvement. The public participation program and work program include a general sequence and schedule of steps in the update process to ensure the public is aware of the process and knows how they can participate. A resolution adopting the public participation program (Attachment A to the resolution) and work program (Attachment B to the resolution) is attached. RECOMMENDATION The Council is being asked to hold a public meeting on the process for updating the Comprehensive Plan at the March 11, 2013 Committee of the Whole meeting and approve the resolution at the subsequent March 18, 2013 Regular Meeting. ATTACHMENTS Resolution adopting Public Participation Program and Work Program W:\2013 Info Memos - Council \CompPlanProcess.doc 01/24/2013 3 53 54 DrAFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING A WORK PLAN AND PUBLIC PARTICIPATION PROGRAM FOR UPDATING THE COMPREHENSIVE PLAN AND DEVELOPMENT REGULATIONS, PER RCW 36.70A.130. WHEREAS, the Growth Management Act (GMA) of 1990 establishes statewide goals, guidelines and procedural requirements to guide the development, coordination and implementation of long -range plans; and WHEREAS, the City of Tukwila, King County and other jurisdictions within King County adopted Countywide Planning Policies to provide a general framework for the implementation of the GMA in King County; and WHEREAS, in order to implement the requirements and goals of the GMA and the Countywide Planning Policies, the City of Tukwila adopted a Comprehensive Land Use Plan and Zoning Code in 1995, with appropriate public notice, involvement and environmental review; and WHEREAS, Tukwila Municipal Code Chapter 18.80 establishes a public process for amending the Comprehensive Plan; and WHEREAS, the Comprehensive Land Use Plan, Zoning Code and associated development regulations have been amended regularly since adoption with public notice, involvement and environmental review; and WHEREAS, the Washington State Growth Management Act requires Tukwila to review and, if needed, revise the Comprehensive Plan and development regulations by June 30, 2015, to ensure they comply with the requirements of the Growth Management Act; and WHEREAS, the Comprehensive Land Use Plan, Zoning Code and other development regulations are reviewed and analyzed to determine needed revisions based on GMA compliance per RCW 36.70A.130; and W: \Word Processing \Resolutions \Work Plan adopted for Comp Plan update 2 -20 -13 RF:bjs Page 1 of 2 55 WHEREAS, a public participation program has been developed to provide the public with an opportunity to comment on the review and suggest needed revisions to the Comprehensive Plan and regulations; and WHEREAS, a work program has been prepared to complete any needed revisions to the Comprehensive Plan and development regulations by June 30, 2015; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: The Public Participation Program and the Work Program for the 2015 City of Tukwila Comprehensive Plan Update, copies of which are attached hereto as Attachment A and Attachment B respectively, are hereby approved as the basis for developing amendments for the Comprehensive Land Use Plan. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2013. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk Kathy Hougardy, Council President APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Resolution Number: Shelley M. Kerslake, City Attorney Attachments: - Attachment A, Public Participation Program - Attachment B, Work Program W: \Word Processing \Resolutions \Work Plan adopted for Comp Plan update 2 -20 -13 RF:bjs 56 Page 2 of 2 Attachment A PUBLIC PARTICIPATION PROGRAM 2015 COMPREHENSIVE PLAN /DEVELOPMENT CODE UPDATE The 1990 Growth Management Act (GMA) requires "early and continual citizen participation" in the development and updates of local comprehensive plans. A specific goal of the GMA is to "Encourage the involvement of citizens in the planning process." The basic legal requirement for public participation is spelled out in RCW 36.70A.140, which states that every jurisdiction: "shall establish and broadly disseminate to the public a public participation program identifying procedures providing for early and continuous public participation in the development and amendment of comprehensive land use plans and development regulations implementing such plans." The GMA does not dictate specific methods to achieve citizen participation because the law was intended to be a bottom up approach. There is considerable flexibility in how this is accomplished. In addition to being required by the GMA, public participation is a good business practice. Like good customer service, a good public participation program builds trust and credibility and can earn the respect of involved citizens. Ultimately it results in better and more responsive services to meet the needs of citizens. Although participants might not like the fact that their suggestions were not implemented, they deserve to be told the reasons. The majority of people understand that not all their ideas or suggestions can be implemented. When comments are considered fully and the decisions are based upon all of the available facts, most people will be satisfied with the process, if not the results. ROLES AND RESPONSBILITIES: City Council: The City Council will provide policy guidance and is the final decision maker for the Comprehensive Plan update. The Council will receive periodic briefings on the update, review the Planning Commission recommendation, and adopt amendments to the Comprehensive Plan. A public meeting /hearing on the work plan /public involvement process, open house on recommended changes and hearing will provide public involvement opportunities. The public will be notified of events on the City's website, through direct mailings or email, and legal notices. 57 Planning Commission: The Planning Commission will provide policy recommendations for the update and ensure that the public is involved throughout the process through an open house and hearings. The public will be notified of events through direct mailings, legal notices and information on the City's website. Public Review Schedule 1st Quarter, 2013 • CAP and COW briefings re GMA revision process & scope • City Council public hearing on resolution /work plan /public process • Planning Commission briefing re Growth Management Act, process to update Comprehensive Plan 2nd Quarter, 2013 • State Environmental Policy Act (SEPA) review for 2013 Comprehensive Plan • Planning Commission Public open house • Planning Commission work sessions • Planning Commission public hearings 3rd & 4th Quarters, 2013 • Public Open House • City Council briefings • City Council hearing Late - 2013 —Early 2014 • Public input on issues, draft policies Mid -2014 to Late 2014 • Public /Planning Commission review Late 2014 -Early 2015 City Council Public hearings on Plan update ADDITONAL OPPORTUNITIES FOR PUBLIC INVOLVEMENT Not all of the tools to engage the public will be right for every planning project. With limited time and resources, Tukwila must ensure the tools selected are cost effective and can meet intended objectives. It is important to incorporate public participation techniques that are best suited for the element being reviewed. Some methods are better for getting information to the public and others are better at obtaining information from the public. Both are important aspects to a public participation strategy. In addition to the public open houses, hearings and meetings associated with the Planning Commission and City Council (above), a variety of methods may be used depending on the topic, circumstances and /or available resources to bring the public into the process, broaden outreach and solicit input on update issues. The Program may be reviewed and refined throughout the Review. 58 Methods for Informing the Public: A. Brochures: Brochures can be used as flyers, self - mailers, hand -outs, downloaded documents or emailed messages. Tukwila may use brochures to provide information on a specific topic. B. Cable Access: Tukwila uses its cable station to provide information to residents and businesses. This is an opportunity to reach citizens who would not normally be involved in the process. It provides another opportunity to educate the public about the issues under consideration. C. Flyer /Insert: A flyer /insert is a means to get the word out about community issues. A flyer /insert can be sent through a paid mailing, but can also be included in utility mailings. Flyers may be targeted to specific neighborhoods that may be affected by a particular plan element. D. Newsletters: A newsletter offers a chance to send a message and provide information to a section of the citizenry. Staff will prepare regular articles for "The Hazelnut" newsletter. Articles for inclusion in organizational newsletters can also be submitted to business, church and civic groups for publication in their periodic bulletins. E. Newspaper Articles: A newspaper article is an effective way to gain the attention of the public by discussing the community development /planning issue, diverging alternatives, and the central issues. Staff will prepare regular articles for "The Tukwila Reporter." F. Posting Public Notice: Posting a public notice is a legal requirement for advertising public hearings. It occurs by site posting and advertisement in the local newspaper. This technique is used for both long -range and current planning projects. Hearings and proposals that apply city -wide are posted on the City website, and advertised in the paper. G. E -mail: Email is a communication tool providing a direct link into community development activities and updates. An email list of those interested in the Comprehensive Plan update will be developed. Community members and staff can engage directly via email. H. Mapping Tools: Maps show geographical information allowing residents and businesses to see and point out areas where they want to see housing /development changes. The City of Tukwila uses the Northwest Maps program that is available to the public. 59 Methods for Obtaining Information from the Public: A. Citizen Advisory Committees: Special committees are established to provide ideas and guidance on a specific topic. Citizen advisory committees can be especially effective for issues that require specialized expertise or difficult/controversial topics. DCD has established the Tukwila Tree and Environment Advisory Committee to provide and Urban Forestry and Natural Environment focus. It began meeting in the 3rd quarter, 2012, and is expected to meet through 2nd quarter, 2013. B. Citizen Surveys: A citizen survey is a kind of opinion poll which typically asks residents or business people their views on local issues. It may include planning /community development preferences, and as well as gauging satisfaction evels with current activities. These kinds of surveys can be done in person or by mail, telephone or on the internet. In updating the Manufacturing /Industrial Center Element, staff conducted a survey which was: 1) mailed to all businesses in the MIC; 2) posted on the City's website; 3) administered by phone; and 4) administered in person to a representatives of MIC businesses. C. Public Hearing: A public hearing is a special meeting that provides a more structured setting and process for the public to comment on proposed policies before officials make a final decision. It is a recorded and formal process that is open to the public. All citizens are invited to present their views for the public record, both verbally and in writing, before the hearing body makes its decision. Comprehensive plan policies and elements have hearings before the City Council and the Planning Commission, with the City Council making the final decision. D. E- Surveys: An E- Survey is a way to engage people online. It could be a short series of "check the box" questions from commercial sources such as Survey Monkey. Methods for Informing and Obtaining Information: A. Community Workshops: Workshops are a popular citizen participation method that encourage sharing of ideas and opinions. These are typically smaller groups, and the ideas that are expressed are documented in a written report which is discussed by all attendees at the end of the session. 60 B. Community Fairs: A booth at a community event can be a way to reach out to people who might not normally participate in community meetings or even know about a certain community issue. This process has been effective in getting brochures and information out to the public. This technique can be used at community events such as the annual Backyard Wildlife Fair. C. Meeting in a Box: The Meeting in a Box concept began in the 1990s as a way to take planning information to residents. It is a self - guided and individually hosted workshop that contains an instruction manual, a short video, brochures and maps. It could be applicable for citizens who wish to host neighborhood meetings or homeowner associations wanting to involve members in planning issues. This technique is very expensive and labor intensive. D. Open House: The open house is an opportunity for the public and City staff to interact around specific topics in an unstructured format. Citizens and staff members share information and ideas. Open houses will be held prior to Planning Commission and City Council hearings. E. Outreach Ambassadors: Tukwila has recently received a grant to for Community Liaison Officers. This or a similar program to utilize cultural and language specialists who are part of the diverse community will be an opportunity to engage individuals who are not normally able to engage in Comprehensive Planning. F. Public Meetings: Public meetings are a hallmark of public participation and can be an early step in the citizen participation process. Open access to regular public meetings of commissions, such as the Planning Commission and committees allows for technical information to be shared, opportunities and pathways for citizen participation. G. Dedicated Website: Tukwila's website provides the opportunity for display of all Comprehensive Plan update work on the internet for public review. Agendas and hearing notices are posted at the same time that they are advertised in the paper. Planning documents including staff reports about the plan and development code revisions are placed online to review the history the update, and review all of the pertinent documents related to the decision. A portion of Tukwila's website is dedicated to the Comprehensive Plan, and will be upgraded to include information about the Plan update, to solicit comments from the public and gather names for an email list of interested parties. H. SEPA review and comment period: Information about environmental impacts of specific actions /policies, and notice of environmental review is provided to the public, with requests for comment. A scoping meeting will be held for environmental work pertaining to the Southcenter Plan update. 61 I. Social media: The internet has made a whole new social network possible involving individuals who may be difficult to reach through other media. Use of social media tools on the internet may reach people who have not previously been engaged in community development activities through conventional methods. Some tools include Facebook, RSS feeds and similar internet social network tools. These methods could be used provided they are consistent with City policy regarding social media. J. Other opportunities will be considered and used as appropriate. 62 Attachment B WORK PROGRAM 2015 UPDATE COMPREHENSIVE PLAN AND DEVELOPMENT REGULATIONS The City is required to take action to review and, if needed, revise the City's Comprehensive Plan and development regulations to ensure compliance with the requirements of the Growth Management Act (RCW 36.70A. 130 (1) by June 30, 2015. Tukwila is carrying out its review over several years, and updating several elements at a time. Updates to the Shoreline policies and the Manufacturing /Industrial Center elements were completed in 2011. The Southcenter Sub -Area Plan work is ongoing, and will be reviewed separately in 2013. In 2013, the City will consider the Utilities, Capital Facilities, Transportation and Natural Environment elements. The Community Image element may also be considered, and an updated narrative added to the Shoreline element. Tukwila Urban Center element policies, which inform the Southcenter Sub -Area Plan, have already been reviewed and recommended by the Planning Commission. The City Council will consider them as part of the Comprehensive Plan review. Additional elements will follow in 2014 to work toward the adoption date of June 30, 2015. The document will also be edited and reformatted to make it more consistent, user - friendly and accessible. This work plan document summarizes the results of the compliance review of the Capital Facilities, Natural Environment, and Community Image, Transportation, Utilities elements. It identifies portions of the plan where revisions are known to be necessary in order to comply with the state Growth Management Act (GMA), parts of the plan that need to be updated to accommodate new metrics, as well as those portions of the Comprehensive Plan elements where revisions are desired to incorporate guidance from Tukwila's Strategic Plan's goals and priorities. Review was based on the following assumptions: • Primary goals and objectives will be maintained from the current Plan; • Updates will focus on elements that require updating per changes to the Washington Growth Management Act, and Countywide Planning Policies; • Tukwila Strategic Plan's vision and goals will be reflected and incorporated in the Comprehensive Plan. • Policies and descriptions will be updated, simplified and edited to increase clarity and consistency throughout the document. • The format will be updated to improve on -line functionality and attractiveness. • The document's elements may be reorganized and /or consolidated for greater readability and conciseness. 63 As a result of this review, staff has identified the following elements to be revised in 2013 through the June 30, 2015 deadline. I. NATURAL ENVIRONMENT ELEMENT Discussion: Staff review shows that GMA requirements that pertain to the natural environment and critical areas, including wetlands, fish and wildlife habitat conservation areas, geologically hazardous areas, and frequently flooded areas, and shoreline have been largely met. Revisions that strengthen links between goals, policies and development regulations of the Sensitive Areas Ordinance, the Floodplain Management Code, and stormwater regulations would result in improved implementation. Recent State legislation (Evergreen Communities Act- which is not currently being implemented due to lack of funding) will eventually require jurisdictions to adopt urban forest management plans. Developing goals and policies and revising existing regulations, as well as development of new programs to address urban forestry issues will result in benefits in the areas of stormwater management, sustainability, climate change, landscape enhancement, and urban wildlife habitat. The goals and policies developed for the Comprehensive Plan update, through the assistance of a citizen advisory committee, will then guide revisions to the City's implementing regulations i.e. tree ordinance, landscape code, and street tree policies, and will provide input for tree /urban forest management for Tukwila parks and other public land. Tukwila's Strategic Plan was adopted since the prior update, and includes some guidance for community image and natural environment issues. Conclusion: Policies will be updated to strengthen linkages between sensitive areas policies and implementation. Goals, policies and development regulations pertaining to urban forestry will be developed and /or updated. Policy changes will guide revisions to development codes that pertain to urban forestry, and may include changes to the following: 1) Tree Ordinance; 2) Landscape Code; 3) Subdivision Code; 4) design review; 5) Public -Right of Way Code; 6)Sensitive Areas Ordinance; and 7) the Shoreline Master Program. Strategic Plan policies will be considered and incorporated as appropriate. II. COMMUNITY IMAGE ELEMENT Discussion: Consideration will be given to incorporating results from the Tukwila Strategic Plan that support a positive community identity and image through the natural environment. Conclusion: Strategic Plan policies will be incorporated as appropriate. 64 III. UTILITIES ELEMENT Discussion: GMA requirements have been largely met. Staff prepared new Comprehensive Surface Water Management, Water and Sewer Plans. Changes have occurred in other utilities, including telecommunications and solid waste management. Conclusion: Staff will update data requiring changes due to preparation and anticipated adoption of functional plans, as well as any background information which is significantly out of date. Policy guidance from Vision 2040, and King County Countywide Planning Policies and the Tukwila Strategic Plan will be incorporated as appropriate. Possible updates to the Storm water Ordinance (TMC 12) to implement National Pollutant Discharge Elimination System (NPDES) requirements will be considered. Policies pertaining to flood management may be consolidated or moved to another element. IV. TRANSPORTATION ELEMENT Discussion: Staff prepared a Transportation Background Report that meets most GMA requirements. It models transportation needs through the 2030 planning period, establishes levels of service for arterials, forecasts traffic through 2030, provides multi - modal level of service analysis, provides an inventory of transportation facilities, identifies project priorities to meet transportation requirements, and provides revenue forecasts. The City of Tukwila has an adopted Walk and Roll /Non- Motorized Transportation Plan that includes project priorities, and the Light Rail began service. Tukwila's Strategic Plan prioritizes pedestrian and bicycle access. Conclusion: Review showed that the City meets most GMA's requirements. Policies that pertain to non - motorized transportation per the City's adopted "Walk and Roll" Plan will be strengthened, and a process established to coordinate development impacts and financing with other jurisdictions per GMA and Countywide Planning Policies. Maintenance and preservation of existing facilities will be addressed, as well as multi - modal level of service standards. Policies shall incorporate provisions of Vision 2040 and Transportation 2040 and the Countywide Planning Policies, including household and employment targets. Pertinent priorities from Tukwila's Strategic Plan shall be incorporated to ensure consistency. The Transportation Element will be updated and edited for clarity. V. CAPITAL FACILITIES ELEMENT Discussion: Staff reviews of GMA requirements showed that they had been largely met. The required inventory of public facilities and projects was located in Background materials, adopted by reference as part of the Comprehensive Plan document. Updated household and employment targets are required for consistency with the Countywide Planning Policies. Connections between the Comprehensive Plan's priorities and capital facilities projects should be strengthened. Conclusion: Information contained in the Capital Facilities Element and Background Report will be revised as needed to incorporate current population and employment targets specified in the Countywide Planning Policies, consolidate policies pertaining to capital facilities, projects and funding sources currently found in several documents, update inventories of public facilities, establish project review based on Comprehensive Plan priorities, and incorporate policies from Tukwila Strategic Plan, and Countywide Planning Policies as appropriate. 65 VI. Shoreline Element Discussion: The Shoreline Element was updated in 2011, and meets all GMA requirements. The descriptive narrative from the original 1995 Comprehensive Plan was not revised when the Element was revised, and is out of date. Revisions are needed to reflect current conditions and adopted policy direction. Tukwila's Strategic Plan was adopted after the Shoreline Element update, and may offer some guidance for issues that are pertinent to the shoreline. Conclusion: The Shoreline Element narrative will be updated to reflect changed conditions, and to complete the Element's update. Consideration will be given to incorporating Strategic Plan policies as appropriate. VII. Tukwila Urban Center Discussion: The Southcenter Sub -Area Plan, including policies located in the Tukwila Urban Center element, has been reviewed extensively, considered and recommended by the Planning Commission. Washington Department of Commerce has advised staff that the policy portion of the Southcenter Plan should be considered separately from the Southcenter Plan and adopted as part of the Comprehensive Plan update since the Comprehensive Plan can generally only be amended once per year. Conclusion: The Tukwila Urban Center element has already been revised as part of preparing the Southcenter Sub -Area Plan. Additional consideration and adoption of the element will occur as part of the Comprehensive Plan update process. VIII. Remaining Elements Discussion: Prior to 2015, the remaining elements, including Economic Development, Housing, Annexation, Residential Neighborhoods, Transportation Corridors, Tukwila South, Roles and Responsibilities and Maintenance of the Plan, as well as appropriate development regulations will be reviewed and considered. Conclusion: After preparation of background materials, review for consistency with GMA requirements and Countywide Planning Policie, and inclusion of Strategic Plan goals and policies, elements and applicable development regulations will be updated as appropriate., Target Schedule 1st Quarter, 2013 • Prepare GMA public involvement, work program with resolution • CAP and COW briefings re GMA revision process & scope • City Council public hearing on resolution /work plan /public process • City Council adopt Resolution on work plan /public process • Planning Commission briefing re Growth Management Act, process to update Comprehensive Plan 66 2nd Quarter, 2013 • State Environmental Policy Act (SEPA) review for 2013 Comprehensive Plan • Planning Commission Public open house • Issue SEPA • Planning Commission work sessions • Planning Commission public hearings • Planning Commission recommendations 3rd & 4th Quarters, 2013 • Prepare Planning Commission recommendations w/ ordinances; • Submit recommendations to Washington Department of Commerce to meet "60 day" requirement • Public Open House • City Council briefings • City Council hearing • City Council adopts ordinances • Ordinances forwarded to Washington Department of Commerce • Prepare background materials for remaining elements Early to Mid- 2014 • Prepare background materials for remaining elements • Issue analysis • Policy development Mid to Late -2014 • Policy development • Public review of Draft Plan Late 2014 to Mid -2015 • Recommended Plan • City Council Public Hearings on Recommended Plan • City Council Action 67 68 City of Tukwila Community Affairs and Parks Committee COMMUNITY AFFAIRS AND PARKS COMMITTEE Meeting Minutes February 25, 2013 — 5:15 p.m. PRESENT Councilmembers: Allan Ekberg, Chair; De'Sean Quinn and Kate Kruller Staff: Rick Still, Kirstin May, Rebecca Fox, Jack Pace, Nora Gierloff, David Cline and Kimberly Matej Guests: Sharon Mann, resident and Chuck Parrish, resident CALL TO ORDER: Committee Chair Ekberg called the meeting to order at 5:18 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Resointion7 Public Participation .for tae ('it 'c Corn : r Staff is seeking Council approval of a resolution that outlines the work intended to be utilized during the thorough review and update o per the Growth Management Act (GMA). This review must This review and update will follow the same basic pr The GMA requires early and Plan, and the State tflCta The following.' Public Par tici hlic tucil'' '2613 Pt Quarter through early 2015 Q g Y is �� n • Sets s :li �� for , �c.;' ew .fro • Lists n o g the public • Lists anaw °. robt4ainaaag information from the public • Rather than uniform participation activities, pubic activities will be tailored to each element r� participation plan : hensive (Comp) Plan i teal by June 30, 2015. m Plan amendments. to review pro! for the City's Comp aaa.'k. plan and public participation plan. rk, plans: Work Plan • Sets schedule from 2013 1s` Quarter through mid-2015 • Outlines discussion and conclusion for each Comprehensive Plan element to be reviewed To date, reviews and updates have been completed on the Manufacturing/Industrial Center element, and the goals and policies of the Shoreline element. For consistency and efficiency, the Committee was in support of recommended updates to the Comprehensive Plan from the Planning Commission proceeding directly to COW's for full Council discussion rather than to individual Committees. UNANIMOUS APPROVAL. FORWARD TO MARCH 11 COW FOR DISCUSSION MEETING. B. Project Completion and Acceptance: Tukwila Pool — Parking Lot Access & Improvements Staff is seeking Council approval for formal project acceptance and completion as well as release of retainge in the amount of $73,151.48 to Evergreen Asphalt & Concrete for parking lot access and improvements at the Tukwila Pool. The City managed this project for the Metropolitan Park District via an interlocal agreement. The project included demolition of concrete, construction of a concrete paring area, walkways, seat wall, and relocation of the flag pole. One change order involving a reduction in the scope of concrete work was issued during the project, and resulted in a credit of $8,918.78. The project was completed under budget. UNANIMOUS APPROVAL. FORWARD TO MARCH 4 CONSENT AGENDA. 69 70 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 03/11/13 ph Motion Date 3/18/13 03/18/13 ph LI Bid d Award Mtg Date Public Hearing Mtg Date Other Mtg Date CATEGORY A Discwssion I1 Mtg Date Mtg SPONSOR • Council Mayor .HR DCD • Finance Fire IT P&R Police U PW SPONSOR'S Valley SWAT Agencies Chiefs would like to have the Interlocal Agreement for Services of SUMMARY Valley SWAT Team To Non-Participating Agencies as a proposed template, with the understanding that non-participating agency identification will be added at a later time. However, the substance of the agreement will stay the same. The Council is being asked to consider this item at the 3/11/13 Committee of the Whole meeting and subsequent 3/18/13 Regular Meeting. REVIEWED BY LI COW Mtg. CA&P Cmte Utilities Cmte []Arts Comm. DA fE: 3/5/13 ITEM INFORMATION ITEM No. 5.C. 71 STAFF SPONSOR: DENNIS MCOMBER ORIGINAL AGENDA DATE: AGENDA ITEM TITLE Valley Special Weapons and Tactics (SWAT) Inter local Agreement For Services To Non-Participating Agencies 3/11/13 Motion Date 3/18/13 LI Resolution Mtg Date LI Ordinance Mtg Date LI Bid d Award Mtg Date Public Hearing Mtg Date Other Mtg Date CATEGORY A Discwssion I1 Mtg Date Mtg SPONSOR • Council Mayor .HR DCD • Finance Fire IT P&R Police U PW SPONSOR'S Valley SWAT Agencies Chiefs would like to have the Interlocal Agreement for Services of SUMMARY Valley SWAT Team To Non-Participating Agencies as a proposed template, with the understanding that non-participating agency identification will be added at a later time. However, the substance of the agreement will stay the same. The Council is being asked to consider this item at the 3/11/13 Committee of the Whole meeting and subsequent 3/18/13 Regular Meeting. REVIEWED BY LI COW Mtg. CA&P Cmte Utilities Cmte []Arts Comm. DA fE: 3/5/13 ■ F&S Cmte Transportation Cmte Comm. Planning Comm. CHAIR: ROBERTSON • Parks COMAE i lEE RECOMMENDATIONS: SPONSOR/ADMIN. commiTTEE Police Department Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $0 $0 Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 03/11/13 MTG. DATE ATTACHMENTS 03/11/13 Informational Memorandum dated 2/21/13 Valley SWAT Interlocal Agreement For Services To Non-Participating Agencies Minutes from the Finance and Safety Committee meeting of 3/5/13 3/18/13 71 72 TO: City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton Finance And Safety Committee FROM: Mike Villa, Chief of Police DATE: February 21, 2013 SUBJECT: Valley Special Weapons and Tactics (SWAT) Interlocal Agreement For Services To Non - Participating Agencies ISSUE The Council is being asked to consider and approve the Interlocal Agreement for Services of Valley SWAT Team to non - participating agencies. BACKGROUND The multi- jurisdictional SWAT Team has been in existence for many years. The members of which are Auburn, Federal Way, Kent, Renton, Tukwila and the Port of Seattle. They respond as requested by any of the participating jurisdictions and provide a coordinated response to high -risk incidents such as civil disobedience, barricaded subjects, hostage situations, gang member arrests, high risk felony arrests, and narcotic or high risk search warrants. They respond to these high -risk criminal incidents in a manner that provides for the effective use of personnel, equipment, funds, and training. DISCUSSION Valley SWAT agencies sometimes get called out by non - Valley SWAT agencies under the mutual aid act. There are no agreements with those agencies regarding who would take on what responsibilities and liabilities. Valley SWAT Agencies Chiefs would like to have the Interlocal Agreement For Services Of Valley SWAT Team To Non - Participating Agencies as a proposed template so that when the non - participating agency is identified, the name can be inserted and that agency would go through its approval process. RECOMMENDATION The VSWAT Team would like to have the approval of the above mentioned template document of the "non- participating agency agreement ", with the understanding that non - participating agency identification will be added at a later time but the substance of the agreement stays the same. The interlocal agreement has been reviewed and approved by legal and city administration. The Council is being asked to consider this item and approve at the March 11, 2013 Committee of the Whole meeting and subsequent March 18, 2013 Regular Meeting. ATTACHMENTS Interlocal Agreement for services of Valley SWAT Team to non - participating jurisdiction 73 74 CAG -12 -129 INTERLOCAL AGREEMENT FOR SERVICES OF VALLEY SPECIAL WEAPONS AND TACTICS TEAM TO PARTICIPATING JURISDICTION) (NON- THIS INTERLOCAL AGREEMENT is effective upon the date executed by all parties. In consideration of the mutual covenants below, the parties agree as follows: 1. PARTIES. The parties to this Agreement are (non - participating jurisdiction), a political subdivision of the State of Washington, and the municipalities of Auburn, Federal Way, Kent, Renton, and Tukwila, each of which is a municipal corporation, and the Port of Seattle, a port district, operating under the laws of the State of Washington. 2. AUTHORITY. This Agreement is entered into pursuant to Chapters 10.93 (Washington mutual aid peace officers powers act) and 39.34 (Interlocal Cooperation Act) of the Revised Code of Washington. 3. PURPOSE. The (non - participating jurisdiction) does not participate in the Valley Special Weapons and Tactics Team ( "VSWAT "), but desires to have the VSWAT available to respond to serious criminal occurrences in its jurisdiction, if necessary. Auburn, Federal Way, Kent, Renton, Tukwila, and the Port of Seattle, have previously executed an interlocal agreement to organize and operate the VSWAT and might agree to allow the VSWAT to assist the (non - participating jurisdiction) under certain circumstances. This Agreement is intended to reflect the applicable terms and conditions between the parties if the VSWAT's services are provided to the (non - participating jurisdiction). 4. DURATION AND TERMINATION. The term of this Agreement shall be effective through December 31, 2012. This Agreement shall automatically extend for consecutive one (1) year terms, unless earlier terminated pursuant to the terms of this Agreement. Any party to this Agreement may terminate this Agreement by providing written notice of its intent to terminate to all other parties. A notice of termination shall become effective thirty (30) days after service of the notice on the contract representatives, set forth below, for all other parties. In the event that a party does not generally and consistently comply with the commitments outlined in this Agreement, the issue will be presented to the VSWAT Operations Board for final resolution. Remedies may include establishing a timeline for compliance, a temporary reduction in involvement for a prescribed period of time, or termination of the Agreement. 5. REQUEST FOR ASSISTANCE. The Chief of Police for (non- participating jurisdiction) or any commissioned officer who is expressly authorized herein may request the assistance and services of the VSWAT. Such request shall be directed to the Lead VSWAT Commander. The VSWAT may or may not agree to provide its services, at the sole discretion of the Lead VSWAT Commander. The Lead VSWAT Commander may refer to the VSWAT ILA for non participating agency Page 1 of 7 75 Callout Criteria of the Valley SWAT Team Policy Manual and any other relevant considerations when deciding whether to provide the services of the VSWAT. Nothing in this Agreement shall be deemed to obligate Auburn, Federal Way, Kent, Renton, Tukwila, or the Port of Seattle, to make their members of the VSWAT available to the (non - participating jurisdiction). (name & rank or position) or authorized to request VSWAT assistance on behalf of jurisdiction). (name & rank or position) is (non - participating 6. CHAIN OF COMMAND. If the request for assistance and services is granted, the (non - participating jurisdiction) representative shall notify the Lead VSWAT Commander of the identity of a command level officer from the (non- participating jurisdiction) who shall act as the Incident Commander for the (non - participating jurisdiction) (hereinafter "Incident Commander "). The Incident Commander for (non - participating jurisdiction) shall assume overall command and responsibility for the incident. The Incident Commander shall establish a command post outside the inner perimeter away from the suspect's line of sight and fire. The Incident Commander shall consult with the VSWAT Tactical Commander and evaluate the tactical options presented by the VSWAT Tactical Commander. Once the Incident Commander has authorized a tactical plan to accomplish the mission, the VSWAT Tactical Commander assumes command with respect to the implementation of the plan. If the Incident Commander and VSWAT Tactical Commander cannot agree on a tactical plan, the VSWAT shall leave the scene. (non- participating jurisdiction) shall then handle the situation with its own resources. 7. VSWAT OPERATIONS. If the VSWAT's services are provided to the (non - participating jurisdiction) the team will generally operate in accordance with the Valley SWAT Team Policy Manual, with any modifications deemed appropriate by the VSWAT Tactical Commander for the circumstances. 8. COMPENSATION. fnon- participating jurisdiction) agrees to reimburse the other parties to this Agreement for all reasonable and necessary costs incurred in connection with the provision of services by the VSWAT as a result of the VSWAT call -out to the (non - participating jurisdiction) including, but not limited to, the cost of repairing or replacing any property, and all incidental expenses incurred by the VSWAT team members in providing services pursuant to the request for services by (non - participating jurisdiction). 9. ACCEPTANCE OF LIABILITY BY (non - participating jurisdiction). (non - participating jurisdiction.) agrees that any liability or claim arising out of the actions or inactions of the members of the VSWAT acting within the course and scope of their duties when the VSWAT provides services at the request of _ (non- participating jurisdiction) shall be the responsibility of (non- participating jurisdiction) . This provision is intended to expressly allocate liability by written agreement as authorized by RCW 10.93.040 and is controlling over the default liability VSWAT ILA for non participating agency Page 2 of 7 76 allocation set forth in RCW 10.93.040. This provision is not intended to require indemnification or payment of any judgment against any individual or party for intentional wrongful conduct outside the scope of employment of any member of the VSWAT or of any judgment for punitive damages against a VSWAT member or party to this Agreement. Payment of punitive damages, if any, shall be the sole responsibility of the individual against whom said judgment is rendered and /or his or her employer if that employer elects to make said payment. In furtherance of the above provision, (non - participating jurisdiction) agrees to hold harmless, indemnify, and defend, with counsel reasonably acceptable to the other parties and any named officers, the other parties to this Agreement and their officers, officials and employees from any loss, claim or liability arising from or out of any alleged or actual negligent tortious actions or inactions of the VSWAT, its members and supervisors, that might occur or allegedly occur while (non - participating jurisdiction) receives the assistance of VSWAT within its jurisdiction. In the event that a claim or lawsuit is brought against a party or its employee(s) for actions arising out of their conduct in the operation of the VSWAT, such party shall promptly notify the other parties that said claim or lawsuit has been filed or commenced. The parties to this Agreement and their respective legal counsel shall, to the extent reasonably possible and consistent with the best interests of their respective clients, cooperate with the defense of any lawsuit arising out of the operations of the VSWAT; provided this cooperation does not require the parties to share any out of pocket litigation costs. Said costs will be the responsibility of (non - participating jurisdiction). Upon request by another party, each party shall disclose to the other parties the terms of their respective liability insurance policies to allow for coordination of coverage. The consent of any liability insurance carrier or self - insured pool or organization is not required to make this Agreement effective between the parties, and the failure of any insurance carrier or self - insured pooling organization to agree to follow the terms of this Agreement on liability allocation shall not relieve any party from its obligations under this agreement. 10. INTERLOCAL COOPERATION ACT PROVISIONS. No special budget or funds are anticipated, nor shall any be created. It is not intended that a separate legal entity be established to conduct this cooperative undertaking, nor is there any acquisition, holding, or disposal of real or personal property other than as specifically provided within the terms of this Agreement. Upon execution hereof, this Agreement shall be filed with the city clerks of the respective participating municipalities, and such other governmental agencies as may be required by law. 11. AUTHORIZATION TO ENFORCE LAWS. While this agreement is entered pursuant to Chapter 39.34 RCW entitled, "Interlocal Cooperation Act," this agreement shall, pursuant to RCW 10.93.070(1), also constitute the prior written consent of the sheriff or chief of police of each participating agency for the purposes of authorizing officers of VSWAT to enforce the laws of this state within their respective jurisdictions, and to that end, the sheriff or VSWAT ILA for non participating agency Page 3 of 7 77 police chief of each participating agency consents to the full exercise of peace officer powers within his or her jurisdiction by any properly certificated or exempt officer engaged in VSWAT related activities. 12. DISPUTE RESOLUTION. For the purpose of this Agreement, time is of the essence. Should any dispute arise concerning the enforcement, breach or interpretation of this Agreement, the parties shall first meet in a good faith attempt to resolve the dispute. In the event the dispute is not resolved, it shall be resolved by binding arbitration pursuant to RCW 7.04A, as amended, and the Mandatory Rules of Arbitration (MAR); and venue shall be placed in King County, Washington and the laws of the State of Washington shall apply. 13. AUTHORIZATIONS. By signing below, the signor certifies that he or she has the authority to sign this Agreement on behalf of the party, and the party agrees to the terms of this Agreement. This Agreement shall be executed pursuant to an appropriate resolution or ordinance of the governing body of each jurisdiction, where necessary. 14. CONTRACT REPRESENTATIVES. Each party shall have a contract representative. Each party may change its representative upon providing written notice to the other party. The parties' representatives are as follows: Port of Seattle: City of Auburn: City of Federal Way: City of Kent: City of Renton: City of Tukwila: Chief or his /her successor (non - participating jurisdiction) Chief Colleen Wilson, or her successor Chief Bob Lee, or his successor Chief Brian Wilson, or his successor Chief Ken Thomas, or his successor Chief Kevin Milosevich, or his successor Chief Mike Villa, or his successor 15. ENTIRE AGREEMENT. The parties agree that this Agreement is the complete expression of its terms and conditions. Any oral or written representations or understandings not incorporated in this Agreement are specifically excluded. 16. SEVERABILITY. If any part, paragraph, section or provision of this Agreement is held to be invalid by any court of competent jurisdiction, such adjudication shall not affect the validity of any remaining section, part, or provision of this Agreement. 17. SIGNED COUNTERPARTS. This Agreement may be executed by counterparts and be valid as if each authorized representative had signed the original document. 18. EFFECTIVE DATE. This Agreement shall be deemed effective upon the last date of execution by the last authorized representative. VSWAT ILA for non participating agency Page 4 of 7 78 PORT OF SEATTLE Chief Colleen Wilson Tay Yoshitani, Executive Director Date: Date: Attest: Approved as to Legal Form: By: Paul Bintinger, Port Counsel CITY OF AUBURN Bob Lee, Chief of Police Peter B. Lewis, Mayor Date: Date: Attest: Approved as to Legal Form: By: Steven L. Gross, Assistant City Attorney CITY OF FEDERAL WAY Brian Wilson, Chief of Police Skip Priest, Mayor Date: Date: Attest: Approved as to Form: By: Patricia Richardson, City Attorney VSWAT ILA for non participating agency Page 5 of 7 79 CITY OF KENT Ken Thomas, Chief of Police Suzette Cooke, Mayor Attest: Date: Date: Approved as to Form: By: Pat Fitzpatrick, Deputy City Attorney CITY OF RENTON p v Den s` aw,;Mayor• • . r • ;Atts , • /_� B,y: •Bo ie Wa1ton,,C0 Clerk • CITY OF TUKWILA Mike Villa, Chief of Police Jim Haggerton, Mayor Attest: Date: l/ / Date: oved as to For Lawrence J. Warren, City Attorney Date: Date: Approved as to Form: By: , City Clerk , City Attorney VSWAT ILA for non participating agency Page 6 of 7 80 CITY OF , Chief of Police , Mayor /City Manager Attest: By: VSWAT ILA for non participating agency Page 7 of 7 Date: Date: Approved as to Legal Form: , Counsel for 81 82 City of Tulzwila FINANCE AND SAFETY COMMITTEE Meeting Minutes March 5, 2013 — 5:30p.m.; Conference Room #3 PRESENT Councilmembers: Staff: Guests: Finance and Safety Committee Dennis Robertson, Chair; Verna Seal and De' Sean Quinn David Cline, Vicky Carlsen, Katherine Kertzman, Kristina Thome, Ashley Comar, Brandon Miles, Derek Speck, Dennis McOmber and Kimberly Matej Mike Schabbing, Courtyard; Vickie Molzer, Holiday Inn Express; Caroline Curtis, BMI Hospitality; Carol Kolson, Southwest King County Chamber of Commerce and Homestreet Bank; Maureen Huffman, Embassy Suites; Scott Ostrander, Cedarbrook Lodge; Brenna Arnesen, Southwest King County Chamber of Commerce; Randy Copley, Southwest King County Chamber of Commerce; and Chuck Parrish, resident CALL TO ORDER: Committee Chair Robertson called the meeting to order at 5:34 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Tourism Promotion Area B. Inter local Agreement: Valley SWAT Staff is seeking Council approval of a template of an Inter local Agreement for Services to Non- Participating Agencies between member cities of Valley Special Weapons and Tactics (SWAT) and non- participating agencies to be named at a later time. The intent of the agreement(s) is to establish the responsibilities and liabilities of non-member entities that utilize the services of Valley SWAT in a mutual aid situation. Current Valley SWAT member cities are: Auburn, Federal Way, Kent, Renton, Tukwila, and Port of Seattle. Staff commented that the template agreement was created and review by City Counsels from Renton and Tukwila. UNANIMOUS APPROVAL FORWARD TO MARCH 11 COW FOR DISCUSSION. 83 84 COUNCIL AGENDA SYNOPSIS ----------- -------- ---------- --Initials Meeting Date Prepared by M r's review Council review 03/11/13 BG 03/18/13 BG a Motion Date 3/18/13 Resolution Mtg Date U Ordinance Bid Award MtgD ate • Public Hearing Other Mtg Date Mtg Mtg Date ITEM INFORMATION ITEM No. 5.D. 85 STAFF SPONSOR: BOB GIIBERSON ORIGINAL AGENDA DATE: 03/11/13 AGENDA HEM TITLE Two Inter local Agreements with King County Metro CATEGORY 0 Discussion 03/11/13 a Motion Date 3/18/13 Resolution Mtg Date U Ordinance Bid Award MtgD ate • Public Hearing Other Mtg Date Mtg Mtg Date Mtg Date Mtg Date SPONSOR Lii Council U Mayor LI HR DCD Finance Fire U IT U Perit Police A PW SPONSOR'S The Council is being asked to consider two interlocal agreements with King County Metro SUMMARY Transit for the design, construction and maintenance of the Tukwila Urban Center Transit Center's construction and the construction and maintenance of the F Line Rapid Ride Intelligent Transportation System (ITS) Improvements. REVIEWED BY LI COW Mtg. LI CA&P Cmte LI F&S Cmte Cmte Arts Comm. Parks Comm. COMMITTEE CHAIR: Lq Transportation Cmte Planning Comm. KATE KRULLER Utilities DALE: 02/26/13 RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE Public Works Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $0 $0 Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 03/11/13 MTG. DATE ATTACHMENTS 03/11/13 Informational Memorandum dated 2/22/13 Interlocal Agreement for the Tukwila Transit Center Interlocal Agreement for the Rapid Ride ITS Minutes from the Transportation Committee meeting of 2/26/13 03/18/13 85 86 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 87 88 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, Agreement Between King County and the City of Tukwila For the Design, Construction and Maintenance of the Tukwila Transit Center 89 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 of any failure or partial failure of the design, construction, or inspection of the Project Improvements. Agreement Between King County and the City of Tukwila For the Design, Construction and Maintenance of the Tukwila Transit Center 90 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. Agreement Between King County and the City of Tukwila For the Design, Construction and Maintenance of the Tukwila Transit Center 91 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. Agreement Between King County and the City of Tukwila For the Design, Construction and Maintenance of the Tukwila Transit Center 92 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: Agreement Between King County and the City of Tukwila For the Design, Construction and Maintenance of the Tukwila Transit Center 93 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 Requirements for Grants and Cooperative Agreements to State and Local Governments. The text of 49 CFR 18 is attached as Exhibit C. Agreement Between King County and the City of Tukwila For the Design, Construction and Maintenance of the Tukwila Transit Center 94 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. 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 Agreement Between King County and the City of Tukwila For the Design, Construction and Maintenance of the Tukwila Transit Center 95 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 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 Agreement Between King County and the City of Tukwila For the Design, Construction and Maintenance of the Tukwila Transit Center 96 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. 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 Agreement Between King County and the City of Tukwila For the Design, Construction and Maintenance of the Tukwila Transit Center 97 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. 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 Agreement Between King County and the City of Tukwila For the Design, Construction and Maintenance of the Tukwila Transit Center 98 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 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 Agreement Between King County and the City of Tukwila For the Design, Construction and Maintenance of the Tukwila Transit Center 99 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 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 Agreement Between King County and the City of Tukwila For the Design, Construction and Maintenance of the Tukwila Transit Center 100 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. 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 Agreement Between King County and the City of Tukwila For the Design, Construction and Maintenance of the Tukwila Transit Center 101 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. Agreement Between King County and the City of Tukwila For the Design, Construction and Maintenance of the Tukwila Transit Center 102 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 103 104 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 Agreement Between King County and the City of Tukwila For the Design, Construction and Maintenance of the Tukwila Transit Center 105 106 0 101 C=> 0 107 108 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. 109 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 15d', 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 CATS 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 110 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 hnprovements 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: 111 • 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. O00759C12 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 /42 "d 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 112 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 compaitnient 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 I ing Co Linty Metro ➢ ttpidl ;ide City of Tukwila Communications !met ogeney ('ominttt me tipc�i� 24 Sls tndsm(I -241 24 Strands (25 -48) 21 S ands (19 -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. 113 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 compartment 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. 114 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. 115 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 Tess 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. 116 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. 117 16. Legal Relations 16.] 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 ofthis 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 ofthis Agreement. 118 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: I3y: Dated: APPROVED AS TO FORM: By: Dated: 119 120 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. C00759C12 plans. $ 804,269 $804,269 $ 804,269 $804,269 -0- S -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. hnstall 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 121 122 Exhibit B King County F Line ITS Corridor Improvements Construction Contract No. C00759C12 123 124 TRANSPORTATION COMMITTEE Meeting Minutes February 26, 2013 — 5:15 p.m. — Conference Room #1 City of Tukwila Transportation Committee PRESENT Councilmembers: Kate Kruller, Chair; Joe Duffie and Dennis Robertson Staff: Bob Giberson, Frank Iriarte, Robin Tischmak and Cyndy Knighton Guest: Chuck Parrish CALL TO ORDER: The meeting was called to order at 5:05 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Cascade View Elementary Safe Routes to School Consultant Contract Amendment #1 Staff is seeking Council approval of Contract Amendment No. 1 with David Evans and Assoiciates, Inc. for the Cascade View Safe Routes to School project in the amount of $25,675.00. This amendment will provide right -of -way acquisition services that are needed for the City to acquire property rights for construction of the trail across private property. A more detailed Scope of Services in provided in Attachement A, page 4 of the Committee Agenda packet. Based on a request made by Committee Member Duffle, rather than going to the Consent Agenda, this item will be placed under new business at the March 4 Regular meeting so that interested public has the opportunity to speak to this issue prior to the full Council taking action. UNANIMOUS APPROVAL. FORWARD TO MARCH 4 REGULAR MEETING FOR DISCUSSION AND ACTION AS APPROPRIATE. B. Interlocal Agreements: Tukwila Urban Center Transit Center Staff is seeking Council approval for to enter into two interlocals with King County (specifically Metro Transit) for the design, construction, and maintenance of the Tukwila Transit Center; and the RapidRide Intelligent Transportation System. Design, construction, and maintenance of the Tukwila Transit Center This agreement defines the roles between the City of Tukwila and King County in regards to the City's prposed Transit Center. In summary, Tukwila is responsible for design and construction, and will share responsibility for ongoing maintenance and operations with the County. RapidRide Intelligent Transporation System This agreement outlines City and County responisbilities relating to conduit and fiber cables that are used by King County Metro's F Line RapidRide's Intelligent Transportation System improvements. Specifically, it identifies ownership of resources, installation and use. Staff briefly mentioned a third agreement that will be forthcoming to Committee regarding implementation of the F Line RapidRide Fiber Optic Project. UNANIMOUS APPROVAL. FORWARD TO MARCH 11 COW FOR DISCUSSION. 125 126 Upcoming Meetings & Events March 2013 11th (Monday) 12th (Tuesday) 13th (Wednesday) 14th (Thursday) 15th (Friday) 16th (Saturday) ➢ Community Affairs & Parks ➢ Transportation ➢ Sister City Cmte, 4:00 - 5:30 PM (Community Center) ➢Tukwila Tree and Environment Advisory Committee Meeting. (Note, new meeting day) 5:30 - 7:30 PM (CR #2, 6200 Southcenter Blvd.) Fnmily Movie Ni ht on the g Big Screen t a,�i ��� Bring your sleeping g y p g bag or blanket to set up in the Tukwila Community Center Social Hall. Doors at 6:00 PM; movie starts at 6:30. Free! But bring 2 cans offood per person for the Tukwila Food P`ntry, Duwamish Hill Preserve Volunteer Restoration Project 10:00 AM – 1:00 PM For information visit www.forterra.org/events Cmtc, Cmte, Cancelled City Executive Session, 6:00 PM ➢ City Council Committee of the Whole Mtg., g' 7:00 PM (Council Chambers) Cancelled ➢Tukwila International Boulevard Action Cmte, 7:00 PM (Community Center ) License your pet now —avoid fines later. Iv A PET LICENSE AMNESTY PERIOD is now underway, giving pet owners until April 30, 2013 to license previously unlicensed pets or renew expired licenses without facing a fine. Take advantage of this grace period by licensing your pet online, or corning to the City Clerk's counter at Tukwila City Hall (8:30 AM to 5:00 PM, Monday through Friday). Call 206- 433 -1800 or visit: // http://www.tukwilawa.goN/clerk/petlic.html 18th (Monday) 19th (Tuesday) 20th (Wednesday) 21st (Thursday) 22nd (Friday) 23rd (Saturday) ➢ Utilities Cmte, 5:00 PM (CR #1) City Council Executive Session, 6:00 PM ➢ City Council Regular Mtg., 7:00 PM (Council Chambers) ➢ Tukwila Metropolitan Park District Board of Commissioners Meeting, 8:00 PM (Council Chambers) ➢ Finance & Safety Cmte, 5:30 PM (CR #3) ➢ Parks Commission, 5:30 PM (Community Center) ➢ Library Advisory Board, 7:00 PM (Community Center) ➢ Tukwila Historical Society, 7:00 PM (Tukwila Heritage & Cultural Center, 14475 59`" Ave S.) "Strike Out Hunger" event at ACME Bowl to benefit Tukwila Food Pantry. 10 AM to 12 NOON (100 Andover Park W..) �� / / �Q _, �/ For information go to En.n:.:1,ruk AIlLIE.1 l ui:c:.2.E.g > City Council Committee of Whole (C.O.W.) Meeting: 2nd & 4th Mon., 7:00 PM, Council Chambers at City Hall. > City Council Regular Meeting: 1st & 3rd Mon., 7:00 PM, Council Chambers at City Hall. ➢ Civil Service Commission: 1st Mon., 5:00 PM, Conf. Room #3. Contact Kim Gilman at 206 - 431 -2187. ➢ Community Affairs & Parks Committee: 2nd & 4th Mon., 5:15 PM, Conf. Room #3 Meeting Cancelled. > Finance & Safety Committee: 1st & 3rd Tues., 5:30 PM, Conf Room #3 > Tukwila Historical Society: 3rd Thurs., 7:00 PM , Tukwila Heritage & Cultural Center, 14475 59th Avenue S. Contact Pat Brodin at 206 - 433 -1861. ➢ Library Advisory Board: 3rd Wed., 7:00 PM, Foster Library. Contact Stephanie Gardner at 206 -767 -2342. ➢ Parks Commission: 3rd Wed., 5:30 PM, Senior Game Room at Community Center. Contact Dave Johnson at 206 - 767 -2308. > Planning Commission /Board of Architectural Review: 4th Thurs., except 2nd Thursday in Nov. & Dec., 6:30 PM, Council Chambers at City Hall. Contact Wynetta Bivens at 206 - 431 -3670. ➢ Sister City Committee: Quarterly, 4:00 PM, Tukwila Community Center. Contact Tracy Gallaway at 206 -767 -2305. ➢ Transportation Committee: 2nd & 4th Tues., 5:15 PM, Conf. Room #1 Meeting Cancelled. >Tukwila Int'l. Blvd. Action Cmte: 2nd Tues., 7:00 PM, Tukwila Community Center. Contact Chief Villa at 206 - 433 -1815. ➢ Utilities Committee: 1st & 3rd Mon., 5:00 PM, Conf. Room #1 127 Tentative Agenda Schedule MONTH MEETING 1- REGULAR MEETING 2 - C.O.W. MEETING 3 - REGULAR MEETING 4 - C.O.W. March 4 11 See agenda packet cover sheet for this week's agenda (March 11, 2013 Committee of the VVhole Meeting). 18 Unfinished Business: 25 Special Presentation: An ordinance approving the proposed 223 Andover Park East Development. A resolution adopting a work plan and public participation program for updating the Comprehensive Plan and Development Regulations. Authorize the Mayor to sign an Interlocal Agreement with Valley Special Weapons and Tactics (SWAT) for services to non- participating agencies. Tukwila Urban Center Transit Center. An ordinance vacating portions of the existing South 178th Street right -of -way. An update on the Hyde Shuttle. Teens for Tukwila. Special Issues: Tourism Promotion Area. April 1 Special Presentation: 8 Special Presentation: 15 Unfinished Business: 22 Employee Recognitions. Appointments/ Growing Transit Communities Partership. An ordinance confirming and levying the assessments for LID 33. Proclamations: Proclamation for Arbor Day. Appointments to Community Policing, Parks Commission and Human Services. Special Issues: Tourism Promotion Area. 128