HomeMy WebLinkAboutTrans 2013-06-25 COMPLETE AGENDA PACKETCity of Tukwila
Transportation Committee
Kate Kruller, Chair
• Joe Duffie
• Dennis Robertson
AGENDA
Distribution:
K. Kruller
J. Duffle
K. Hougardy
D. Robertson
Mayor Haggerton
D. Cline
K. Matej
L. Humphrey
B. Giberson
F. I riarte
R. Tischmak
G. Labanara
S. Kerslake
Clerk File Copy
2 Extra
e -mail pkt pdf to A. Le
e -mail cover to: C.
O'Flaherty, D. Almberg,
B. Saxton, S. Norris,
M. Hart, A. Le
TUESDAY, JUNE 25, 2013
Time: 5:15 PM Place: Conference Room #1 (6300 Building)
Item
Recommended Action
Page
1. PRESENTATION(S)
2. BUSINESS AGENDA
a) Tukwila Urban Center — Pedestrian /Bicycle Bridge
a) Forward to the 7/1/13
Pg. 1
Acceptance of State Regional Mobility Grant
Regular Consent Agenda
b) Tukwila Manufacturing /Industrial Center (MIC) Smart
b) Forward to the 7/1/13
Pg. 7
Street Non - Motorized Project
Regular Meeting
Acceptance of Federal FHWA Grant
c) TUC Transit Center and Andover Park West Street
c) Forward to the 7/1/13
Pg. 11
Utility Relocation Agreement with Puget Sound Energy
Regular Consent Agenda
d) TUC Transit Center and Andover Park West Street
d) For Information Only
Pg. 27
IBI Group Contract No. 06 -019, Supplement No. 19
3. SCATBd
e) SCATBd May 21, 2013 Meeting Summary
e) For Information Only
Pg. 39
SCATBd June 18, 2013 Meeting Agenda
Draft June 18, 2013 SCATBd Agreement
Current 2009 — 2012 SCATBd Agreement
SCATBd 2013 Dues Report
May 8, 2013 SCA PIC Meeting — Comprehensive
Approach to Regional Tolling Implementation
4. MISCELLANEOUS
5. ANNOUNCEMENTS
Future Agendas:
Next Scheduled Meeting: Tuesday, July 9, 2013
The City of Tukwila strives to accommodate individuals with disabilities.
Please contact the Public Works Department at 206 - 433 -0179 for assistance.
TO:
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
Mayor Haggerton
Transportation Committee
FROM: Bob Giberson, Public Works Director 496ij
BY: Cyndy Knighton, Senior Program Manager
DATE: June 21, 2013
SUBJECT: Tukwila Urban Center — Pedestrian /Bicycle Bridge
Project No. 90510403
Acceptance of Grant
ISSUE
City acceptance of a State Regional Mobility grant in the amount of $6,870,000 awarded to the Tukwila Urban Center
— Pedestrian /Bicycle Bridge over the Green River Project.
BACKGROUND
In October 2012, Council authorized staff to submit a grant application to the Washington State Department of
Transportation Regional Mobility program for right -of -way acquisition and construction of the TUC Pedestrian/ Bicycle
Bridge. This grant application was successful and has been incorporated directly into the Washington State biennial
budget. According to CIP Policy, staff must get approval from the full Council before accepting grants.
Design is underway and the 30% plans have been completed and reviewed by staff. Environmental review and
permitting are also underway and full design and permitting is expected to be completed by March 2014. Right -of -way
acquisition can take a year to acquire and the City could start on this process later this year. Construction is currently
anticipated to be over an 18 -24 month period to coordinate with fish windows and other restrictions associated with
working over the Green River.
DISCUSSION
The Regional Mobility Grant Program requires a local match of at least 20% of the total cost of the project from direct
contributions. City funds, park impact fees, and other future grants can be used as match, as well as staff salaries and
past expenditures, including previously awarded grants for the design work. The Regional Mobility Grant is a 4 -year
award over two state biennial budgets. The award for the 2013 -2015 biennium is $4.6M and the continuing award into
the 2015 -2017 biennium is for $2.2M. This is very similar to the awarded grant for the Transit Center Project from the
same agency.
FISCAL IMPACT
On the attached 2013 CIP page 12, only $810,000 is
shown from park impact fees, although the park impact
fee schedule includes up to $1,600,000 to be utilized
for the Pedestrian Bridge Project. If the park impact
fees were increased to reflect the full $1,600,000, the
City's General Fund's contribution could be reduced to
$252,000.
RECOMMENDATION
Phase
Amount
Funding Source
Amount
Design
$1,633,833
Awarded Grants
$1,496,833
General Fund
102,000
Park Impact Fee
35,000
Right of Way
$1,100,000
Regional Mobility
$870,000
General Fund
140,000
Park Impact Fee
90,000
Construction
$7,485,000
Regional Mobility
$6,000,000
General Fund
800,000
Park Impact Fee
685,000
Total
$10,218,833
Total
$10,218,833
Council is being asked to formally accept the State's Regional Mobility Grant for the Tukwila Urban Center —
Pedestrian/Bicycle Bridge Project in the amount of $6,870,000 and consider this item on the Consent Agenda at the
July 1, 2013 Regular Meeting.
Attachment: May 28, 2013 E -mail Notification of Award
Excerpt from the 2013 -2015 LEAP Transportation Document (ESSB 5024)
2013 CIP page 12
W: \PW Eng \PROJECTS\A- RW & RS Projects \TUC Ped Bicycle Bridge (90510403) \Grants \INFORMATION MEMO - Grant Acceptance Regional Mobility Award.docx
1
Cyndy Knighton
Prom: Eldridge, Mark <EldridM@wsdot.wa.gov>
Sent: Tuesday, May ZELZ0l3ll:33AM
To: Morrison, David; Dong, Jonathan; Kirk McKinley; Cyndy Knighton;
dianas@kitsaptransit.com; Barb Hunter (bhunter@piercetransit.org); Overby, Monica;
Wolterink, Lisa; Otterstrom, Karl; Howell, Gordon; Marcia Smith
(msmith@skagh1ransit.o»g);stevemeU0pdsidgefie|dmm.usHeffennar\Petec
(melissa.cauley@commtrans.org); Kathryn Rasmussen; DBloom@intercitytransit.com;
(BHo|man@intercitytransitzwm);'dorindazosta@seatt|eguv'
(dorinda.costa@seattle.gov); Chuck Green ([huckGKpc-tranong); ju|ies@c-ten.o»g; Kelly
Hayden (khavden@pierce{mnsito»g); 'Barb Savary' (savary@islandtransit.org);
madams@piercetransit.org; (kmcmullen@bft.org); Suing, Troy; Futrell, Kevin
(Kevin.Futrell@yakimawa.gov); dcl@bft.org; AFreeman@intercitytransit.com; Martha
Rose; Dale O'Brien; (manciaC@ridewtazom)(maoia[Kpridewtazom)
Cc: Rutledge, Nicole; Eldridge, Mark
Subject: Regional Mobility Grant Projects for 2013-2015
Welcome!
You're receiving this email because your project(s) has been selected for funding by the Washington State Legislature for
the 2013'2015 biennium. It's been almost a year since the call for new project went out and a lot of energy has been
expended getting to this point, well done!
Now that the project list is complete WSDOT staff will be preparing contracts for each new project. We will also be
preparing contract amendments for the continuing projects. I anticipate they will be ready and in your hands by the end
mf]une.
So what happens next? I have a few helpful hints and reminders to pass along:
• Please review your project schedule and make sure it's up to date. If it isn't, then please send me a revised page
by June 10th
• Please review your planned expenditures by quarter. If that needs to be updated, then please have that to me
bv June 1nm.
• Any expenditure made on the project before June 30, 2013 can be counted towards your match requirement,
but not eligible for reimbursement.
�
For four year projects make sure your scope of work will get you to the minimum milestones for continued
funding in 2015-2017 biennium. The grant application guide describes the minimum milestones.
• Starting July 1, 2013 any eligible project expense is eligible for reimbursement regardless when the contract is
signed.
• A project Performance Measurement Plan (PMP) is required to be reviewed and approved by WSDOT before a
reimbursement request will be processed and check cut. There are examples of past project PMP's on the
Regional Mobility web page copying is encouraged. Janice Helmann will help you prepare the PMP and will also
be the one reviewing and approving. As you may recall Janice is the person you sent your Year 1 and Year 4 VT
and VMT reduction to in Step 1 of the grant application process. HelmannJ@wsdot.wa.gov 206-464-1284. You
can start on this now and beat the rush.
• The project scope you included in your grant application is what we expect you to build or provide. If the
project scope must change for some reason you must contact me immediately.
• If you're project cost comes in 10% lower than you anticipated you must contact me immediately.
2
• When you do send us a reimbursement reques please make sure its painfully easy for us to track the
expenditures. Some of the reimbursement request are several inches thick and we don't know what numbers
your taking from where. Please use highlighter, sticky notes, a spreadsheet anything to help us follow the rabbit
trail. It will get done faster and you won't get a phone call from us.
�
The supporting documentation you send should add up to the total expenses on the reimbursement form (we
will send each grantee a custom Reimbursement Request form).
w A project that has more than 20Y6 local match can bill the grant at 100Y6. A project that has 2096 local match
must bill the grant at 80% of the eligible expenses.
• Please use the Regional Mobility Grant funds early, because you don't have to deal with reappropriation
requests and accruals. This will make all our lives easier, but if you can't that's fine too.
w
A grantee must bill the grant at least quarterly. Someplace it says a grantee can't bill more than once a month,
but I say bill as often as you need to. The caveat is, please make sure it's for a reasonable amount ($2,000 or
more), because they take time to process and we don't have as many staff as we used to.
The first and mos important thing I do as grant manager is to help you complete your project on time, on budget, and in
scope. The other less glamorous thing deals with accountability and reporting.
Call us any time you have questions. We will do everything we can to help you! I plan to schedule a meetings with each
of you over the next few months, because I want us to get to know each other, and you're projects in more detail.
Mark Eldridge
Regional Mobility Grant Program Manager
Park and Ride Lot Program Manager
360'705'7273
2
3
LEAP Transportation Document 2013-2 as developed April 23, 2013
ALL PROJECTS
Public Transportation (V)
(Dollars in Thousands)
-- Fund Source -- Total
Bin Project Leg Dist TPA Nckl Othr 2011-13 2013-15 2015-17 2017.19 2019-21 2021-23 2023 + (incl. Prior)
016 20130031 Island, Skagit and Whatcom Transits. Tri County 10.38 0 0 El 0 2.300 0 0 0 0 0 2,300
Connector
017 20130100 City of Tukwila, Urban Center Pedestrian Bridge I I 0 0 IT (1 4,600 2,270 0 0 0 0 6.870
Contingency (Unfunded) Regional Mobility Grants
0 24,409 10,353 0 0 0 0 34,762
001 20130019 Sound Transit, Tacoma Trestle Replacement & 27 0 0 El 0 7,000 0 0 0 0 0 7,000
Capacity Improvements
20130101 Kimp-Transit.5R-305-1nterchange 23 0 0 g 0 2.326 00 00 0 2,326
Improvements at Suquamish Way Park an
(103 20130101 King County Metro, Nonhgate Transit Center 43 0 0 El 0 1,187 2,313 0 0 0 3,500
Redevelopment
004 20130104 Spokane Transit. West Plains Transit Center 06, 07 0 0 El 0 1,600 6.400 0 0 0 0 8,000
005 20130105 King County Metro. Madison Street Corridor 43 0 0 l5 (1 2,440 1,640 0 0 0 0 4,080
006 20130026 City of Mukilteu, Mukilico Multimodal 21 0 0 Pl 0 1,00(1 (1 0 0 0 0 1.000
Pedestrian Bridge Project
007 20130106 City of Kenmore. SR 522 West A (61st Ave NE 46 0 0 g 0 5,202 (1 0 0 0 0 5.202
to 65th Ave NE
008 20130108 City of Langley, Port of South Whidbey Park and 10, 21 0 0 IT 0 2.634 0 0 0 0 0 2.634
Ride facility with ,Sunda
009 20130110 Clallam Transit. Kitchen Dick/Highway 101 24 0 0 0 300 (1 0 0 0 0 300
Park and Ride
010 20130112 Jefferson Transit, Jefferson Healthcare Transit 24 0 0 IT 0 160 0 0 0 0 (1 160
Bus Pullout and Shelter
011 20130113 River Cities Transit, Transit Service 19 0 0 IT 0 560 0 0 0 0 0 56(1
Improvements
ESSB 5024 Striking Amendment Page 36 of 47
Version: 131...EGRAR
CITY OF TUKWILA CAPITAL PROJECT SUMMARY
2013 to 2018
PROJECT: Tukwila Urban Center - Pedestrian/Bicycle Bridge Project No. 90510403
DESCRIPTION: Construct a new pedestrian/bicycle bridge over the Green River.
Pedestrian/bicycle connection between Tukwila's Urban Center and commuter rail/Amtrak station. Supports
JUSTIFICATION:
local and regional goals and policies regarding land use and transportation in Urban Center.
Pedestrian System Report identified the optimal location for bridge crossing to be south of the Best Western
STATUS: Hotel. Type, Size, and Location Report was completed in 2011. Council approved a design of a twin-tied arch
bridge with no accommodation for a future bridge crossing over West Valley Highway.
MAINT. IMPACT: To be determined.
Design grants: State Enhancement for $1 90k & $500k, Transit Oriented Development (TOD) planning grant
vf$55k, and Federal CMAO grant of$7sO.83a. Council approved submitting the application for the vVSDOT
COMMENT'
'
Regional Mobility grant in October 2012. Project is on Park Impact Fee list with funding of $2 million with an
80%/20% split.
FINANCIAL Through Estimated
in $000's
2011 2012 2013
2014
2015
2016
2017
2018
BEYOND TOTAL
EXPENSES
Design
267
195
1.171
1,683
Land(RNO
1.100
1.100
Const. Mgmt.
1,000
1.000
Construction
0,485
6.485
TOTAL EXPENSES
267
195
1,171
1.100
7,485
n
0
0
10,218
FUND SOURCES
Awarded Grant
245
130
1.121
1,496
Proposed Grant
870
6.080
6.870
Mitigation Actual
0
Park Impact Fees Expected
35
90
685
810
City Oper. Revenue
22
65
15
140
000
0
0
0
0
1.042
TOTAL SOURCES
267
195
1,171
1.100
7,485
0
0
0
0
10.318
oject Location
2013 - 2018 Capital Improvement Program
12
5
6
TO:
City o Tukwila
�����������~���
u ��n`�omn��m mn��
Mayor Haggerton
Transportation Committee
FROM: Bob Giberson, Public Works Director
BY: Robin Tischmak, City Engineer
DATE: June 21'2O13
�
��
�
«�
Jim Hagge on, ayor
SUBJECT: Tukwila Manufacturing/Industrial Center (NK) Smart Street Non'K0otorizedProiect
Project No. 91310406
Acceptance of Federal Highway Administration (FHWA) Grant
ISSUE
Accept a federal grant awarded by the Puget Sound Regional Council (PSRC) to design bicycle facilities on East Marginal
Way South, Boeing Access Road, and Airport Way South iO the amount Of$1O4.858.0U.
BACKGROUND
In May 2012 the City submitted an application to PSRC in response to a statewide Call for Projects to award federal grant
funds. The City's application had two parts requesting Congestion Management/Air Quality (CMAQ) funds to: Part 1) construct
bicycle facilities on the corridor of East Marginal Way/Boeing Access Rd/Airport Way from SR 599 to the north City limits (see
attached map) and, Part 2) conduct a study of the Boeing Access Rd corridor to recommend improvements for
bicyclists/pedestrians. The p ject initially did not score well enough to be recommended for immediate funding, although it did
score adequately to be ranked as the top p ject on the contingency list. During the scoring process, the committee
recommended funding only shovel-ready construction p jects. Since the p jects were selected in 2012, the Puget Sound
region has struggled to meet obligation requirements imposed by FHWA. Due to this lack of progress in obligating funds,
PSRC has awarded funding to contingency p jects, but are only awarding funding for design of Part 1.
DISCUSSION
Acceptance of the awarded federal gran will enable the City to proceed with only the design phase of the Tukwila MIC Smart
Street Non-Motorized P 'ect.ThaoonstmoUonphaoawiUnotbmfundodunh|@ddidVnG|gr8nttundsamaeouredortheChv
budgets the p ject from local sources.
FINANCIAL IMPACT
The tota estimated projec cost for bicycle facilities in Part 1, including construction, submitted with the grant application was
$678,480.00. Grant funds awarded at this time are only for the design phase and are estimated at $121,200 with grant
funding of $104,838 and a City required match of 13.5% or $16,362.00. The constr ction phase in the amount of $557,280
is currently unfunded and p jected for construction in 2015 (pending receipt of an additional grant).
Design
Tukwila MIC Smart Street Non-Motorized Project PSRC Gnont $104.838.00
City Match from 2013 Annual Overlay & Repair 18.383.00
Total $121,200.00
RECOMMENDATION
Council is being asked to accep a federal grant awarded by PSRC in the amount of $1O4.83M.0O for the Tukwila K4|CSmart
Street Non-Motorized P ject and consider this item at the July 1, 2013 Regular Meeting.
Attachments: 20omp page 30
Award Letter from PSRC
Vicinity Map
��EngtPROJECTSIA- RW 8. RS Projects \ WalkAndRonPlan (07Rw04)tInfo Memo Grant Acceptc0-2u3.doco
7
CITY OF TUKWILA CAPITAL PROJECT SUMMARY
2013 to 2018
PROJECT: Walk & Roll Program (Nonmotorized Transportation Plan) Project No. 90710404
Select, and sidewalks, and Staff program
DESCRIPTION:
design, lanes, ' trails.
� effvrtuavcxosOufenoutoumGnhov coordinate regional tra connections.
Enhance pedestrian, and transportation and encvu�mwuse v,wm|mnuand
JUSTIFICATION:
biking as an alternative.
Walk & Ro Plan was adopted in 2009 wit the next update scheduled for 2015. A Design Report for
STATUS: highest priority sidewalks and bicycle routes was completed in 2010. See Safe Routes to School grants for
Cascade View Elementary and Thorndyke Elementary (see Residential 103 Fund for CIP project pages).
MAINT. IMPACT: New pedestrian and bicycle facilities (i.e., striping) will have to be maintained.
COMMENT:
Ongoing program, funding available as stree improvement projects, new developmen and/or as other
opportunities arise.
FINANCIAL Through Estimated
2011 2012 2013
2014
2015
2016
2017
2018
BEYOND TOTAL
EXPENSES
Design
63
140
203
Lond<wxx0
0
Const. Mgmt.
0
Construction
8
8
TOTAL EXPENSES
71
0
o
140
4
0
0
u
211
FUND SOURCES
Awarded Grant
8
8
Proposed Grant
0
Mitigation Actual
0
Traffic Impact Fees
0
City Oper. Revenue
63
0
0
0
140
0
0
0
0
203
TOTAL SOURCES
71
0
0
0
140
0
0
0
0
211
Project Location
/
*
1,
2013 2018 Capital Improvemen Program
30
8
Puget Sound R
a nal Cound
The Honorable Jim Haggerton
City of Tukwila
6200 Southcenter Blvd
Tukwila, WA, 98188
Dear Mayo
I'm writing to congratulate you on the recent award of $104,838 in funding from the
Puget Sound Regional Council for the Tukwila Manufacturing Industrial Center Smart
Street Non-motorized Project.
Your project was one of 21 projects approved by PSRC's Executive Board in May to
receive a total of $24 million in federal funding.
One of PSRC's major responsibilities is to secure federal transportation funding for the
region and to select projects to receive that funding. The projects are selected on their
merits and support the region's growth and economic development.
To ensure that our region meets an August 1 deadline for using funds from the Federal
Highway Administration, we identified ready to go projects such as yours to receive this
funding. This action will ensure federal transportation dollars are put to work on priority
projects right away. These projects must use their awarded funds by August 1, or the
funds will be returned.
We thank you for your continued leadership and excellent work by your staff on
transportation planning and implementation. PSRC looks forward to continuing to partner
with you on regional transportation, economic development and land use solutions that
work locally and regionally.
Warm regards,
Bob Drewel
Executive Director
Puget Sound Regional Council
CC: Bob Giberson, Public Works Director
Robin Tischmak, City Engineer
9
High line
Specialty
Center
City o
U
‹wila
TUKWILA M C CENTER SMART
STREET NON-MOTORIZED PROJECT
June 17, 2013
Vicinity
Map
'0
TO:
City of Tukwila
INFORMATIO
Mayor Haggerton
Transportation Committee
FROM: Bob Giberson, Public Works Director
BY: Cyndy Knighton, Senior Program Manager
DATE: June 21, 2013
SUBJECT: Tukwila Urban Center — Transit Center and Andover Park West Widening
Project Nos. 90610402 and 98810404
Utility Relocation Agreement with Puget Sound Energy
Jim Haggerton, Mayor
AL MEMORANDUM
ISSUE
A Facility Relocation Agreement needs to be executed in order for Puget Sound Energy (PSE) to design and relocate
electrical vaults and switches associated with the combined TUC Transit Center and Andover Park W Widening Projects.
BACKGROUND
As part of the Transit Center project, a pedestrian plaza area will be constructed on the southwest corner of Baker Blvd and
Andover Park W. Two very large above-ground padmount switches are currently within 6 feet of the Andover Park W curb line
and are significant obstructions to pedestrian movement. The pedestrian plaza has been designed to relocate the existing
electrical switches to the back side (western-most side) of the plaza.
Additionally, two existing large underground utility vaults will be impacted by the project. Both vaults are currently partially in
private easement and partially in the public right-of-way on the western side of Andover Park W. The southern vault will be
impacted by the expanded southbound bus pull out lane and the northern vault will be impacted with the widening of the
roadway to the west to accommodate the new northbound transit stop in front of California Pizza Kitchen. The existing vaults
are too high to allow for the new travel lanes to be built on top of them and neither vault is rated to carry live traffic.
DISCUSSION
Staff and PSE have studied options on how to best address the impacts and the most cost effective solution is to replace
existing vaults with new vaults which are narrower than the current ones. This will allow for the new vaults to be placed entirely
within PSE's private easement. Because the vaults are partially in public right-of-way, PSE is responsible for a portion of the
cost to relocate them. Had the vaults been entirely in private easement, the City would be responsible for the utility relocation
costs. Cost sharing is divided between PSE and Tukwila based on the percentage of the existing vault within public right-of-
way vs. private easement. The northern vault is 29% in public right-of-way and the southern vault is 19% in public right-of-way
and therefore PSE is responsible for 29% and 19% of the costs, respectively. The two padmount switches being relocated for
the pedestrian plaza are entirely on private easement and therefore the cost to relocate them is 100% of the City's
responsibility.
FINANCIAL IMPACT
A cap of $738,400 for City costs is set by this PSE Facility Relocation Agreement. This is a construction related cost and is
budgeted in the current CIP. These costs are also partially eligible for reimbursement from the awarded Regional Mobility
Grant and may also be eligible for reimbursement through the awarded Federal Transit Authority grant awarded to King
County Metro for the Transit Center project.
RECOMMENDATION
Approve the Facility Relocation Agreement with PSE for the TUC Transit Center for the capped amount of $738,400 and
consider this item on the Consent Agenda at the July 1, 2013 Regular Meeting.
Attachments: Facility Relocation Agreement
2013 CIP Page18
W: PW EngIPROJEGTS1A- RW .9 RS Projects \ Transd Center (90610402)1Design1INFO MEMO PSE Facility Relocation AG gl.docx
11
FACILITY RELOCATION AGREEMENT
This Agreement, dated as of June 14, 2013, is made and entered into by and between
Puget Sound Energy, Inc., a Washington corporation ( "PSE "), and THE CITY OF
TUKWILA, ( "Government Entity "). PSE and the Government Entity are sometimes referred
to herein individually as a "Party" and collectively as the "Parties."
RECITALS
A. PSE owns and operates certain utility systems and facilities necessary and
convenient to the transmission and distribution of electricity ( "Facilities ") that are located on
or in relation to certain operating rights ( "Existing Operating Rights "). The Facilities and
Existing Operating Rights are more particularly described on Exhibit A attached hereto and
incorporated herein by this reference.
B. The Government Entity plans to construct improvements to Andover Park W
between Tukwila Pkwy and Strander Blvd. ( "Improvements ").
C. In connection with the Improvements, the Government Entity has requested
that PSE perform certain engineering design work and certain construction work relating to
modification or relocation of its Facilities (the "Relocation Work "), all in accordance with
and subject to the terms and conditions of this Agreement, and any applicable tariff on file
with the Washington Utilities and Transportation Commission (the "WUTC ").
D. The Government Entity has provided o PSE a written plan for the
Improvements (the "Improvement Plan ") which includes, among other things, (a) plans and
specifications sufficient in detail, as reasonably determined by PSE, for PSE to design and
perform the Relocation Work, including reasonably detailed drawings showing the planned
Improvements, (b) a list of the key milestone dates for the Improvements, and (c) information
concerning possible conflicts between PSE's Facilities and other utilities or facilities.
E. The Government Entity and PSE will cost share identified portions of PSE
facilities that exist outside of PSE Easements. The cost share percentage owed by each party
will directly be apportioned based on actual survey results as shown in Exhibit D.
The Parties, therefore, agree as follows:
AGREEMENT
Section 1. Relocation Work
1.1 Relocation Work. The Relocation Work is described in Exhibit B attached
to this Agreement.
12
1.2 Performance of Relocation Work. Subject to the terms and conditions of
this Agreement and any applicable tariffs on file with the WUTC, PSE shall use reasonable
efforts to perform the Relocation Work. PSE shall perform the Relocation Work in
accordance with the schedule provided in Exhibit B (the "Relocation Schedule ") with
reasonable diligence in the ordinary course of its business and in light of any operational
issues as to the remainder of its utility systems that may be influenced by the Relocation
Work. PSE shall have no liability to the Government Entity or any third party, nor shall the
Government Entity be relieved or released from its obligations hereunder, in the event of any
delay in the performance of the Relocation Work due to any (a) repair, maintenance,
improvement, renewal or replacement work on PSE's utility systems, which work is
necessary or prudent as determined by PSE in its sole discretion; or (b) actions taken by PSE
which are necessary or consistent with prudent utility practices to protect the performance,
integrity, reliability or stability of PSE's utility systems or any systems to which such systems
are connected. Work shall be done in such a manner resulting in a relocated system
functioning in a comparable manner to the existing system.
1.3 Adjustments to the Relocation Work. PSE shall notify the Government
Entity in writing of any reasonably anticipated adjustments to the Relocation Work (including
the Relocation Schedule and /or Relocation Cost Estimate) that result from (a) the revision or
modification of any Improvements in a manner that requires PSE to revise its plans and
specifications for the Relocation Work; (b) delays in PSE's performance of the Relocation
Work caused by the Government Entity (or its agents, servants, employees, contractors,
subcontractors, or representatives); or (c) conditions or circumstances otherwise beyond the
control of PSE. The Parties acknowledge that additional requirements not contemplated by
the Parties may arise during the performance of the Relocation Work. In the event such
additional requirements arise, the Parties shall provide written notice thereof and shall use
good faith reasonable efforts to appropriately respond to such requirements in a prompt and
efficient manner, including appropriate adjustments to the Relocation Schedule and /or the
Relocation Cost Estimate.
1.4 Performance by Government Entity. In the event the Government Entity is
unable to perform its obligations under Sections 2 and 3 below to PSE's reasonable
satisfaction, and absent written waiver by PSE of such obligations, the Parties shall use
reasonable efforts to adjust the Relocation Schedule to allow additional time for the
Government Entity to perform such obligations; provided, that if the Parties cannot
reasonably agree upon such schedule adjustment, PSE may, at its option, thereafter terminate
this Agreement by giving written notice to the Government Entity, and the Government
Entity shall promptly pay PSE the amounts payable to PSE in connection with such
termination under Section 6.6. PSE's determination as to the satisfaction or waiver of any
such condition under this Agreement shall not be deemed to be a determination of
satisfaction or waiver of any other condition arising under this Agreement.
1.5 Performance by PSE. In the event PSE is unable to perform its obligations under
this agreement to the Government Entities' reasonable satisfaction, and absent written waiver
-2-
13
by the Government Entity of such obligations, the Parties shall use reasonable efforts to
adjust the Relocation Schedule to allow additional time for PSE to perform such obligations;
provided, that if the Parties cannot reasonably agree upon such schedule adjustment, the
Government Entity may, at its option, thereafter terminate this Agreement by giving written
notice to PSE, and the Government Entity shall promptly pay PSE the amounts payable to
PSE in connection with such termination under Section 6.6. The Government Entity's
determination as to the satisfaction or waiver of any such condition under this Agreement
shall not be deemed to be a determination of satisfaction or waiver of any other condition
arising under this Agreement.
1.6 Notice to Proceed with Construction Work. At least 10 days prior to the
date specified in the Relocation Schedule for commencement of construction for the
Relocation Work, the Government Entity shall either (a) provide to PSE a written notice to
proceed with such construction work, or (b) terminate this Agreement by written notice to
PSE. In the event of such termination, the Government Entity shall promptly pay PSE the
amounts payable to PSE in connection with termination under Section 5.5.
Section 2. Operating Rights.
Unless otherwise provided for in Exhibit B, the Government Entity shall be solely
responsible for the acquisition of, and any costs related to acquisition of any and all operating
rights for the Facilities that are necessary or appropriate, in addition to or as replacement for
the Existing Operating Rights, for completion of the Relocation Work ( "New Operating
Rights "). Such New Operating Rights shall be in PSE's name, shall be of equivalent quality
and kind as the Existing Operating Rights and shall be provided in a form acceptable to PSE,
all as determined by PSE in its sole discretion. The New Operating Rights shall be provided
with sufficient title information demonstrating to PSE's satisfaction that PSE shall obtain
clear, good and sufficient title to such rights, if applicable. PSE shall not be obligated to
commence the RelocationWork, or otherwise in any way change, limit, curtail, impair or
otherwise affect the normal and reliable operation of the Facilities as located upon or relative
to the Existing Operating Rights, unless and until PSE is in possession of the New Operating
Rights.
Section 3. Permits.
The Government Entity shall be solely responsible for the acquisition of, and any
costs related to acquisition of any and all permits, licenses, certificates, inspections, reviews,
impact statements, determinations, authorizations, exemptions or any other form of review or
approval given, made, done, issued or provided by any one or more governmental authorities
with jurisdiction necessary or convenient for the Relocation Work (collectively, "Permits ").
The Permits shall be on such terms and conditions as PSE shall, in its sole discretion,
determine to be appropriate to its needs. PSE shall not be obligated to commence
construction for the Relocation Work, or otherwise in any way change, limit, curtail, impair
or otherwise affect the normal and reliable operation of the Facilities, unless and until PSE is
14
in possession of all Permits necessary for the Relocation Work and all rights of appeal with
respect to the Permits shall have been exhausted. The Government Entity shall be
responsible for performance of and any costs associated with any mitigation required by the
Permits.
Section 4. Materials and Ownership
Unless specifically agreed otherwise in writing by the Parties, PSE shall provide all
necessary materials, equipment and labor required to perform the Relocation Work. All
materials, information, property and other items provided for, used or incorporated into the
Relocation Work (including but not limited to the Facilities) shall be and remain the property of
PSE.
Section 5. Changes
5.1 Either party may, at any time, by written notice thereof to the other Party,
request changes in the Work within the general scope of this Agreement (a "Request for
Change "), including, but not limited to: (i) changes in, substitutions for, additions to or
deletions of any Work; and (ii) changes in the location, alignment, dimensions or design of
items included in the Work. No Request for Change shall be effective and binding upon the
Parties unless signed by an authorized representative of each Party.
5.2 If any change included in an approved Request for Change would cause a
change in the cost of any part of the Work, an equitable adjustment shall be made to the cost
responsibilities described in Section 6.4 of this agreement.
Section 6. Relocation Costs
6.1 Estimate. PSE's good faith estimate of the costs to perform the Relocation
Work (the "Relocation Cost Estimate ") is $804,400.00 (Eight hundred, four thousand and
four hundred dollars). The Parties agree that the Relocation Cost Estimate is an estimate only
and PSE shall be entitled to reimbursement of all actual costs incurred in or allocable to the
performance of the Relocation Work. At the time of this estimate and latest scope recently
defined, PSE's design is not complete and therefore is subject to change. See Exhibit C for
cost allocation and billing detail.
6.2 Costs in Excess of Estimate. PSE shall use reasonable efforts to monitor its
actual costs incurred during the performance of the Relocation Work, and in the event PSE
determines that such costs are likely to exceed the Relocation Cost Estimate by more than ten
percent (10 %), PSE shall so notify the Government Entity in writing. In such event PSE
may, at its discretion, suspend performance the Relocation Work and PSE shall not be
obligated to continue with performance of any Relocation Work unless and until PSE
receives the Government Entity's written acceptance of PSE's revised Relocation Cost
Estimate and written notice to proceed with the Relocation Work. In the event PSE does not
receive such acceptance and notice from the Government Entity within ten (10) working days
-4-
15
from the date of PSE's notice, then PSE may, at its discretion, terminate this Agreement. In
the event of such termination, the Government Entity shall promptly pay PSE the amounts
payable to PSE in connection with termination under Section 5.5.
6.3 Relocation Costs. The Government Entity shall shall reimburse PSE for, all
costs and expenses incurred by PSE in connection with the performance the Relocation Work
(the "Relocation Costs ") in accordance with the cost responsibilities defined in Section 6.4.
For purposes of this Agreement, the Relocation Costs shall include, without limitation, any
and all direct and indirect costs incurred by PSE in connection with the performance of the
Relocation Work, including, but not limited to, labor, personnel, supplies, materials,
overheads, contractors, consultants, attorneys and other professionals, administration and
general expenses and taxes.
6.4 Cost Responsibility. Per the survey results, provided by the Government
Entity, the cost share will be divided by the following percentages:
Project cost specific to V 10, see exhibit C for estimated project cost, will be split 71%
Government Entity and 29% PSE responsibility.
Project cost specific to V12, see exhibit C for estimated project cost, will be split 81%
Government Entity and 19% PSE responsibility.
Project cost specific to relocate (2) Padmount Switches at SW corner of Baker Blvd and
Andover Park W, see exhibit C for estimated project cost, will be 100% Government Entity
responsibility.
Any costs to upgrade to the relocated system not reasonably required to relocate the system in
a comparable manner shall be borne by the requesting party.
See Recitals, Section E, Regarding cost share responsibilities.
6.5 Government Entity Maximum Cost. The maximum amount to be paid by
the Government Entity is capped at $738,400, absent a mutually agreed upon change order or
amendment to this agreement.
6.5 Statement of Costs - Invoice. Within sixty (60) days of the completion of the
Relocation Work, PSE shall provide the Government Entity with a statement and invoice of
the actual Relocation Costs incurred by PSE. PSE shall provide, within a reasonable period
after receipt of any written request from the Government Entity, such documentation and
information as the Government Entity may reasonably request to verify any such invoice.
6.6 Costs Upon Termination of Agreement. In the event either Party terminates
this Agreement, the Government Entity shall promptly pay PSE, the following:
-5-
16
(a) all costs and expenses incurred by PSE in connection with the
Relocation Work (including, without limitation, all Relocation Costs incurred through
the date of termination and such additional costs as PSE may incur in connection with
its suspension or curtailment of the Relocation Work and the orderly teanination of
the Relocation Work); and
(b) all costs and expenses incurred by PSE in returning and restoring the
Facilities to normal and reliable commercial operations.
6.7 Payment. The Government Entity shall, within thirty (30) days after the
receipt of an invoice for costs payable under this Agreement, remit to PSE payment for the
full amount of the invoice.
Section 7. Indemnification
7.1 Indemnification. The Government Entity releases and shall defend,
indemnify and hold harmless PSE from all claims, losses, harm, liabilities, damages, costs
and expenses (including, but not limited to, reasonable attorneys' fees) caused by or arising
out of any negligent act or omission or willful misconduct of the Government Entity in its
performance under this Agreement. PSE releases and shall defend, indemnify and hold
harmless the Government Entity from all claims, losses, harm, liabilities, damages, costs and
expenses (including, but not limited to, reasonable attorneys' fees) caused by or arising out of
any negligent act or omission or willful misconduct of PSE in its performance under this
Agreement. During the performance of such activities employees or contractors of each Party
shall at all times remain employees or contractors, respectively, that Party and shall not be, or
be construed to be, employees or contractors, respectively, of the other Party.
7.2 Title 51 Waiver. Solely for purposes of enforcing the indemnification
obligations of a Party under this Section 6, each Party expressly waives its immunity under
Title 51 of the Revised Code of Washington, the Industrial Insurance Act, and agrees that the
obligation to indemnify, defend and hold harmless provided for in this Section 6 extends to
any such claim brought against the indemnified Party by or on behalf of any employee of the
indemnifying Party. The foregoing waiver shall not in any way preclude the indemnifying
Party from raising such immunity as a defense against any claim brought against the
indemnifying Party by any of its employees.
Section 8. Disclaimers and Limitation of Liability
8.1 Disclaimer. PSE makes no representations or warranties of any kind, express
or implied, with respect to the Relocation Work or other items or services provided under this
Agreement including, but not limited to, any implied warranty of merchantability or fitness
for a particular purpose or implied warranty arising out of course of performance, course of
dealing or usage of trade.
-6-
17
8.2 Limitation of Liability. In no event shall either party be liable, whether in
contract, warranty, tort or otherwise, to any other party or to any other person for any indirect,
incidental, special or consequential damages arising out of the performance or
nonperformance of the Relocation Work or this Agreement.
Section 9. Miscellaneous
9.1 Tariffs Control. This Agreement is in all respects subject to all applicable
tariffs of PSE now or hereafter in effect and on file with the WUTC. In the event of any
conflict or inconsistency between any provision of this Agreement and any such tariff, the
terms of the tariff shall govern and control.
9.2 Survival. Sections 2, and 4 through 8 shall survive any termination of this
Agreement. Subject to the foregoing, and except as otherwise provided herein, upon and
following termination of this Agreement neither Party shall have any further obligations
arising under this Agreement and this Agreement shall be of no further force or effect.
9.3 Waiver. The failure of any Party to enforce or insist upon strict performance
of any provision of this Agreement shall not be construed to be a waiver or relinquishment of
any such provision or any other provision in that or any other instance; rather, the same shall
be and remain in full force and effect.
9.4 Entire Agreement. This Agreement, including any exhibits hereto, sets forth
the complete and integrated agreement of the Parties. This Agreement cannot be amended or
changed except by written instrument signed by the Party to be bound thereby.
9.5 Force Majeure. In the event that either Party is prevented or delayed in the
performance of any of its obligations under this Agreement by reason beyond its reasonable
control (a "Force Majeure Event "), then that Party's performance shall be excused during the
Force Majeure Event. Force Majeure Events shall include, without limitation, war; civil
disturbance; storm, flood, earthquake or other Act of God or other condition which
necessitates the mobilization of the personnel of a Party or its contractors to restore utility
service to customers; laws, regulations, rules or orders of any governmental agency; sabotage;
strikes or similar labor disputes involving personnel of a Party, its contractors or a third party;
or any failure or delay in the performance by the other Party, or a third party who is not an
employee, agent or contractor of the Party claiming a force Majeure Event, in connection with
the Relocation Work or this Agreement. Upon removal or termination of the Force Majeure
Event, the Party claiming a Force Majeure Event shall promptly perform the affected
obligation in an orderly and expedited manner under this Agreement or procure a substitute
for such obligation. The Parties shall use all commercially reasonable efforts to eliminate or
minimize any delay cause by a Force Majeure Event.
9.6 Enforceability. The invalidity or unenforceability of any provision of this
Agreement shall not affect the other provisions hereof, and this Agreement shall be construed
in all respects as if such invalid or unenforceable provisions were omitted.
-7-
18
9.7 Notice. Any notice, request, approval, consent, order, instruction, direction or
other communication under this Agreement given by either Party to the other Party shall be in
writing and shall be delivered in person to an authorized representative or mailed, properly
addressed and stamped with the required postage, to the intended recipient at the address and
to the attention of the person specified below the Parties' respective signatures on this
Agreement. Either Party may from time to time change such address by giving the other
Party notice of such change in accordance with this section.
9.8 Governing Law. This Agreement shall be interpreted, construed and
enforced in all respects in accordance with the laws of the State of Washington. This
Agreement shall be fully binding upon the Parties and their respective successors, assigns and
legal representatives.
In witness whereof, the Parties have executed this Agreement as of the date set forth above.
PSE: Government Entity:
Puget Sound Energy, Inc. City of Tukwila
Its P7171t
Address: 4 _s ..s77 xsre.
e-tr4
Attn: --/
By
Date:
PSE Order:101080841
-8-
By
Its
Address: 6200 Southcenter Blvd
Tukwila, WA 98188
Attn:
Date:
Approved as to form:
By:
Printed Name:
Title: City Attorney
Date:
19
EXHIBIT A
FACILITIES AND EXISTING OPERATING RIGHTS
Existing vaults V10, V12, SW1, SW2, as well as the existing cable
running parallel with Andover Park West. The portion of these
facilities located within private property are covered under a private
easement, described as AF# 6511065 — as built easement over all of the
Westfield Mall property, relevant parcel #s are 920247 -0010 and
920247 -0070.
-9-
20
EXHIBIT B
RELOCATION WORK
1. PSE to relocate (2) Padmount Switches at SW corner of Baker Blvd and Andover
Park W.
The work to include the following:
• PSE to install new vaults in proposed easement in new location (West) to
accommodate new pedestrian area.
• Existing switches to be relocated to new vaults.
• Existing vaults to be demolished and abandoned in place.
• Existing pull vault (V11) to be left in place. Possible access lid replacement.
• New conduits to be installed from new switch vault locations to existing pull vault
(V11). New cables to be installed to restore system to "like kind ".
• New conduits to be installed from new switch vault locations to intercept existing
conduits that run West into Mall property. New cables to be installed to restore
system to "like kind ".
2. PSE to remove existing vaults (2) and install new standardized vaults in same
location.
The work to include the following:
• PSE to remove all cables and associated equipment.
• PSE to remove and dispose of existing transite conduit.
• PSE to remove and dispose of existing vaults (V10 & V12).
• PSE to install standard 5106 vaults in same location within existing PSE frontage
easement and reroute existing conduit ductbank with new conduits to new vaults.
PSE to install new cables to return the system to "like kind ".
3. Work in all areas are assumed to be straight time work, site accessable and available
for continuous work.
4. Work will be done using materials complying with all applicable "Buy America"
requirements.
-10-
21
• PUGET
SOUND
ENERGY
To: TUKWILA
Baker Blvd. and Andover Park W
Tukwila, Wa
Attn: Cyndy Knighton
EXHIBIT C
FACILITY RELOCATION/MODIFICATION
BILLING DETAIL
Project Description: Undeground relocation of existing facilities to accomodate Citys P.1 project
Location: Baker Blvd. and Andover Park W
PSE Project Manager: GRENNER
Date: 04/22/13
Activity:
PSE Order #:
9 b bl :
V I 0
101080841
100%
V12
10 080841
100%
ITCHES
101080841
100%
0%
Materials
S55,163.57
$63,345.56
$100,43520
.
Construction
$177,065.77
$131,578.05
$107.846.22
Engineering S. Management
$19,673.97
$14,619.78
$11.982.91
Right of Way
Overhead
$45.342.60
$37,717.81
$39,647.58
$0.00
Total Actual Costs:
$297245.91
$247,261.19
$259,911.91
GRAND TOTAL:
$804,419.02
REIMBURSABLE PORTION:
$804,419.02
Puget Sound Energy, Inc. PO Box 90868 Bellevue, WA 98009-0868
Billing Detail Form 5/01
AREA OUTSIDE R/W
219 SQ. FT.
71%
-- AREA INSIDE R/W
Consulting Engineers AREA PERCENTAGE WITHIN R/W
INER
1601 Filth Avenue, Suite 1600 PSE VAULT No. 10 (N of BAKER BLVD)
Seattle, Washington 98101-3665 Emma I 7- 0 1"3... t
(206) 622-5822 Fax (206) 622-8130 JOB #: 108571
SURVEY PROVIDED BY PACE ENGINEERS INC. DATE: 04/18/13
ANDOVER PARK WEST
500 °11'38 "E
1327.43
— AREA OUTSIDE R/W
192 SQ. FT.
81%
/AREA INSIDE R/W
44 SQ. FT.
19%
Consulting Engineers
1601 Fifth Avenue, Suite 1600
Seattle, Washington 98101-3665
(206) 622-5822 Fox (206) 622-8130
AREA PERCENTAGE WITHIN R/W
PSE VAULT No. 12 (S of BAKER BLVD)
E.0'', 7 —
SURVEY. PROVIDED B PACE ENGINEERS INC.
JOB #: 108571
DATE: 04/18/13
24
CITY OF TUKWILA CAPITAL PROJECT SUMMARY
2013 to 2018
PROJECT: Tukwila Urban Center - Transit Center Project No. 80610402
DESCRIPTION: Design and construct a Transit Center for the Tukwila Urban Center (TUC).
High transit ridership and bus operations warrant conversion of the existing bus stops on Andover Park West to
a Transit Center. The current facilities are inadequate in size and location to serve Metro operations and transit
JUSTIFICATION:
riders. City policy encourages the use of transit, and mitigation dollars and parking supply decisions have been
made based upon the expected improvements to the transit center.
Design completed in 2012. Construction to begin in 2013 and operational by 9/28/13 to coincide with
STATUS:
the new F-Line Rapid Ride.
MAINT. IMPACT Minimal to mo erate, depen s on final maintenance agreement with King County Metro.
TOD grant of $468k with mitigation from Wesifield S/C Mall of $500k for parking variance. WSDOT Regional
COMMENT: Mobility Grant of $4.7m with $3.9m in 2011-2013 and $835k in 2013-2015 with a required match of 20% that
can include past expenditures, other grants, and ROW value of land dedicated by Westfield.
FINANCIAL Through Estimated
in $000's
2011 2012 2013
2014
2015
2016
2017
2018
BEYOND TOTAL
EXPENSES
Design
411
603
53
1.007
Land(RNV)
347
49
863
1.259
const. Mgmt.
550
550
Construction
4.664
4.064
TOTAL EXPENSES
758
652
6.130
n
V
o
o
n
0
7.540
FUND SOURCES
Awarded Transit Grar
127
341
460
Awarded Mobility Grant
4'735
4,735
Mitigation Actual
500
500
ROW Donation
343
343
City Oper. Revenue
(212)
311
1,395
0
0
0
0
0
0
1,494
TOTAL SOURCES
758
052
6.130
0
0
0
0
V
O
7.540
roject Location
� �
111�
�,0140,110W11118:61;g1),
20m'20m Capital Improvement Program
18
25
26
Tuk
T 0 A
TO: Mayor Haggerton
FRO : Bob Giberson, Public Works Director
BY: Cyndy Knighton, Senior Program Manager
DATE: June 21.2013
SUBJECT: TUC Transit Center/Andover Park W Widening
Project Nos. 90610402 and 98810404
Contract No. 06-019, Supplemental Agreement No. 19
n�
��N�
v�mo
ISSUE
Supplement to the IBI Group Contract No. 06-019 for the combined Tukwila Urban Center Transit
Center and Andover Park W p jects in the amount of $23,650.
BACKGROUND
In February 2006, IBI Group was retained by the City to begin design of the Tukwila Urban Center
Transit Center on Andover Park W. The Transit Center's Concept Plan was completed in December
2006. Due to the overlapping design needs of the Transit Center and Andover Park W widening
projects, the p jects were combined under the IBI Group contract. In addition, the Andover Park
W/Strander New Water Main project was |o1er added as the work was also within the same project
limits. Design of the TUC Transit Center is complete and the current estimated ad date for construction
is Fall 2013. Time delays have been due to protracted right-of-way negotiations.
DUSCUSSUON.
As a result of right-of-way negotiations with Open Frame, additional design work is required to modify
landscape medians which were previously designed to the 100% level. Further design work is also
required as a result of right- negotiations, modifying the northern d of the Open Frame
site. This supplemental agreement is to cover additional design work in the amount of $14'800.
Although the work is for design, funding will come from right-of-way since that is the general purpose.
AddiUonaUy, this work is a reimbursable cost from the awarded Regional Mobility Grant.
The remaining work as part of this supplemental contract is to address signal detection issues which
were identified late in design work already completed. The original intent was to reuse the existing
detection and pedestrian call buttons and signal heads. The detection cannot be reused and additional
design is required to avoid change orders during construction. With these changes, it is prudent to
upgrade pedestrian call buttons to meet future ADA standards, including new audible call buttons and
count-down signal heads. This signal work is in the amount of $8,850.
FINANCIAL IMPACT
Funds are available in the right-of-way portion of the p ject budget.
RECO&N&NENDATUON.
For information only.
Attachment: 2013 CIP PAGE 19
Budget Sheet with all 3 Projects
Supplemental Agreement No, 19
wAPWsng\ PROJECTS \A- FIW 8, RS Projects\Transit Center (90610402)1Design\INFO MEMO Supp AG #19 tor TC 6-25-13 gl.docx
27
CITY OF TUKWILA CAPITAL PROJECT SUMMARY
2013 to 2018
PROJECT: Tukwila Urban Center - Transit Center Project No. 80010402
DESCRIPTION: Design and construct a Transit Center for the Tukwila Urban Center (TUC).
High transit ridership and bus operations warrant conversion of the existing bus stops on Andover Park West to
a Transit Cenm,Thocunnn\fooi|�esoneinodoqu�oinnizomnd|ooaUunmoemaMmmope��onoondtnono�
JUSTIFICATION:
Center.
riders. City policy encourages the use of transit, and mitigation dollars and parking supply decisions have been
made based upon the expected improvements to the transit center.
Design completed in 2012. Construction to begin in 2013 and operational by 9/28/13 to coincide with
STATUS:
the new F-Line Rapid Ride.
MAINT. IMPACT Minimal to moderate, depends on final maintenance agreement with Kin County Metro.
TDO grant of$468h with mitigation from VVontfiold8/C Mall of $500k for parking variance. WSDOT Regional
COMMENT: Mobility Grant of $4.7m with $3.9m in 2011-2013 and $835k in 2013-2015 with a required match of 20% that
can include past expenditures, other grants, and ROW value of land dedicated by Westfield.
FINANCIAL Through Estimated
in $000's
2011 2012 2013
2014
2015
2016
2017
2018
BEYOND TOTAL
EXPENSES
Design
411
603
53
1.067
Lmnd(R/W)
347
49
863
1.259
Const. Mgmt.
550
550
Construction
4.664
4.664
TOTAL EXPENSES
758
652
6.130
0
0
0
0
0
7.540
FUND SOURCES
Awarded Transit Grar
127
341
468
Awarded Mobility Grant
4,735
4.785
Mitigation Actual
500
500
ROW Donation
343
343
City Oper. Revenue
(212)
311
1,395
0
0
0
0
0
0
1.494
TOTAL SOURCES
758
652
6.130
0
0
0
O
0
0
7.540
on1x'zn1x Capital Improvement Program
18
28
TUC Transit Center and Andover Park W Street and Water Improvements
Transit Center
Design 90610402.1000.100
ROW 90610402.2000.100
C Mgmt 190610402.1500.100
Construct t90610402.3000.XXX
Budget
1,067,000.00
1,259,000.00
2006-2010
271,301.19
2011
134,947.47
8,349.20
2012
547,086.00
55,662.06
2013
38,977.64
443,273.95
2,326,000.00
550,000.00
4,664,000.00
271,301.19
143,296.67
602,748.06
482,251.59
5,214,000.00
7,540,000.00
271,301.19
143,296.67
602,748.06
482,251.59
Andover Park W Street Improvements
Design 98810404.1000.100 411,000.00
ROW 98810404.2000.100 80,000.00
491,000.00
C Mgmt 98810404.1500.100 163,000.00
Construct 98810404.3000.XXX 1,596,000.00
77,490.64
43,483.65
266,328.25
16,251.37
77,490.64
43,483.65
282,579.62
41,182.93
5,642.96
46,825.89
1,759,000.00
Andover Park W Water Main
Design 99840105.1000.100
C Mgmt 99840105.1500.100
Construct 99840105.3000.XXX
2,250,000.00
165,000.00
177,000.00
1,212,000.00
77,490.64
197.03
43,483.65
2,229.05
282,579.62
106,027.45
46,825.89
18,040.25
1,389,000.00
Grand Total
1,554,000.00
197.03
1,344,000.00 1 348,988.86
WAPW Eng PROJECTS1A- RW & RS ProjectsViransit Center (g0610402)\ Design \ Project Accounting & iBt 6-i 2-13.xlsx
2,229.05
106,027.45
18,040.25
89,009.37 991,355.13 47, 7.7
2014 2015
Paid to Date
Remaining
992,312.30
507,285.21
74,687.70
751,714.79
,499,597.51 26,402.49
826,402.49
428,485.47
21,894.33
(17,485.47)
58,105.67
450,379.80
40,620.20
40,620.20
126,493.7
38,506.22
126,493.78
38,506.22
2,076,471.09 905,528.91
SUPPLEMENTAL AGREEMENT NUMBER 19
TO
CONSULTANT AGREEMENT NUMBER 06-019 (5)
THIS SUPPLEMENTAL AGREEMENT is entered into between the City of Tukwila,
Washington, herein-after referred to as "the City", and IBI Group, hereinafter referred to as "the
Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified.
The City desires to supplement the agreement entered into with the Consultant and executed on,
February 23, 2006 and identified as Agreement No. 06-019. All provisions in the basic
agreement remain in effect except as expressly modified by this supplement.
The changes to the agreement are described as follows:
Scope of Services, is hereby changed to include work described in Attachment A for
additional design work on the Tukwila Transit Center Project.
2. Payment, shall be amended as follows:
A. Payment for the work provided by the Consultant shall be made as provided on
Exhibit "B" attached hereto, provided that the total amount of payment to the Consultant
shall not exceed $23,650 without express written modification of the Agreement signed
by the City. The maximum amount payable under this agreement as supplemented
inclusive of all fees and other costs is now $1,710,922.
DATED this
CITY OF TUKWILA
day of
Jim Hagg , Mayor
ir
, 20
CONSULTANT
By:
Printed Name: Cl—t-3 L ot_ --e__
Title:
30
ATTACHMENT A
TUKWILA TRANSIT CENTER AND ANDOVER PARK
WEST IMPROVEMENTS
PHASES 2 AND 3: ADDITIONAL SERVICES
SCOE'E 0 ; litIORK„
PANY 31„, .2013
IBI
GROUP
31
181 GROUP SCOPE OF WORK
May 31, 2013
PHASES 2 AND 3: ADDITIONAL SERVICES 1
SCHEDULE AND FEE 4
Page i
32
181 GROUP SCOPE OF WORK
City of Tukwila
TUKWILA TRANSIT CENTER AND ANDOVER PARK WEST IMPROVEMENTS
PHASES 2 AND 3: ADDITIONAL SERVICES
PHASES 2 AND 3: ADDITIONAL SERVICES
The Tukwila Transit Center and Andover Park West Improvements (TTC /APW) scopes of work
have been expanded to provide additional services that have been identified during Phases 2 and
3. During the development of the civil design, additional design services are required for preparation
of signal improvements at Baker Boulevard including countdown timers and updates to the
pedestrian access ramps and pedestrian push buttons to meet current ADA guidelines. Additional
design services for replacement of the existing traffic loops scope was expanded to include field
investigation of existing infrastructure, new loops and infrastructure as directed by the City to
maintain the functionality of signal detection systems. Additional work was identified during Task 15
Right of Way Acquisition services to include redesign of the median on Andover Park West to
accommodate changes to existing driveway configurations on the eastside and mitigate impacts
caused by the proximity of the new transit center bus pull -out lane.
The following additional services have been identified, covering in general:
• Additional field work and design for signal detection systems at Baker, Strander and
Tukwila Parkway to minimize construction impacts of utility conflicts.
• Additional design of new signal countdown timers and new pushbuttons at Baker
Blvd. to minimize construction impacts with other utility work in the vicinity.
• Additional design services including stormwater review and reassessment, median
redesign and additional landscaping, electrical and civil design changes for the
driveway reconfigurations.
IBI Group management and oversight for all activities are included in the tasks under which the
work will be completed.
The following scope describes the work to be conducted, assumptions and deliverables to be
provided.
1:1onstructi
As Identified in the previous scope of work submitted for Additional Services, this task includes
design development (60 %) and final (100 %) design plans and specifications for civil, urban design,
landscape architecture, ITS /communications, and electrical systems.
During the 100% design process, new issues and conflicts have been identified.
ASSUMPTIONS
• Design revisions will be incorporated into the final bid documents. If this cannot be
achieved due to schedule constraints, the design revisions will be included in a single
bid addendum.
WORK ACTIVITIES
11.8 Existing Detection
May 31, 2013
IBI
GROUP
33
161 GROUPSCOPE OF WORK
City of Tukwila
TLIKWILA TRANSIT CENTER AND ANDOVER PARK WEST IMPROVEMENTS
PHASES 2 AND 3: ADDITIONAL SERVICES
The previous work include design of new loops to replace the existing traffic loops in kind
and reuse the existing infrastructure of conduits and junction boxes. It was identified during
the development of the signal design plans that the existing traffic loop layout does not meet
the current City standard for traffic signal loops. Additional work includes fie|dinvestigation pf
existing loop locations at Strander, Baker and Tukwila Parkway as there is limited
documentation of the existing infrastructure and coordination and review with City Signal
technician of plans and infrastructure. Investigation of conduit pathways, loop cable routing
and new infrastructure requirements will be reviewed In the field to minimize conflicts during
construction. Channelization plans will be modified to show additional junction boxes and
conduit, new cabling to controller cabinets and coordination with City staff on usage of
existing junction boxes where possible and compliance with City standards. Specifications
and bid items will be prepared.
11.9 Signal Design
Work includes the modification of Plans and Specifications for integration of new countdown
pedestrian signal heads and Accessible Pedestrian Signal (APS) pedestrian pushbuttons to
upgrade the Baker Blvd Intersection to current ADA guidelines where possible. Work includes
review of the Manual on Uniform Traffic Control Devices (MUTCD) for clarification of
requirements and/or recommendations for APS pushbuttons for discussion and coordination
with the City. Field review and verification will be performed to minimize conflicts during
construction of new pedestrian signals and ramps with existing junction boxes and signal
poles. Verification and replacement of City supplied material product recommendations for
both APS pedestrian pushbuttons and countdown pedestrian signal heads will be reviewed
for compliance with currently available models. Plans and specifications will be prepared for
the design of the new pushbuttons and countdown head timers as well as coordination and
integration of a video detection controller system for the signal at Andover Park W and
Tukwlla Pkwy for temporary video detection during construction.
Additional coordination with PSE on the location of signal loop conduit shown on the Plans to
accommodate the new location of a PSE power vault will be required.
Specifications and bid items for signal improvements will be on three bid schedules, based on
the location of the signal work.
DELIVERABLE(S)
Final Plans and specifications will include updates to design with the incorporation of
the tasks Identified above or incorporated into a single bid addendum.
"task '12a Cost Estirnatus
Cost estimates will need to be updated to reflect the design revisions outlined in this Scope of Work
for tasks 11 and 15. The bid items, bid schedule, Division 10 and the construction estimate will be
updated to include the revisions.
ASSUMPTIONS
• Information will be prepared in WSDOT format for Unit Price bidding.
May 31, 2013
Page 2
34
IBI GROUPSCOPE OF WORK
May 31, 2013
City of Tukwila
TUKWILA TRANSIT CENTER AND ANDOVER PARK WEST IMPROVEMENTS
PHASES 2 AND 3: ADDITIONAL SERVICES
WORK ACTIVITIES
12.2. 100% Cost Estimating
The Consultant will update the current cost estimate and other deliverable documents as
described in the deliverables list below based on the civil, electrical and landscape design
revisions detailed in this Scope of Work.
DELIVERABLE(S)
• Unit price construction cost estimates
• Updated Division 10
• Updated Bid Schedules (3)
Task ROW Actium
The ROW Acquisition scope of work was added during Phases 2 and 3 Additional Services to
provide assistance to the City for ROW acquisition services. During the acquisition negotiations with
property owners additional services were identified for the modification of driveways on Andover
Park West and for a driveway connection between two adjacent properties. Upon further discussion
with the City and property owners additional design services were identified for construction and
modification of the driveways including civil, landscape and electrical design.
ASSUMPTION(S)
• All utilities easements, permits, and clearing will be handled by the City.
WORK ACTIVITIES
Work will be In accordance with the WSDOT Local Agencies Guidelines and by reference the
WSDOT Right of Way Manual.
15.3. Andover Park West Median Modifications
As part of the Phases 2 and 3 Additional Services, the City identified a need to mitigate
access impacts from the proximity of the new transit pull -out lane to the southern driveway to
the Open Frame site. Design will include reconfiguration of the median north and south of the
access to provide full access to the northern driveway to the Open Frame site with medians
to maintain safe and orderly vehicle movements while restricting unsafe movements from
nearby driveways to other businesses. This will include revisions to civil, landscape, irrigation
and electrical plans and specifications as identified below.
15.3.1. Civil
Updates to the civil plans and specifications to address access management to
the Open Frame site. This includes reassessment and updates to the
stormwater requirements and calculations and attendance at meetings with
property owners and the City to discuss modifications to access and
alternatives. Exhibits of design alternatives will be prepared for discussion and
Page 3
35
IBI GROUPSCOPE OF WORK
City of Tukwila
TUKWILA TRANSIT CENTER AND ANDOVER PARK WEST IMPROVEMENTS
PHASES 2 AND 3: ADDITIONAL SERVICES
review. Preparation of additional revisions for PSE vault relocation, cost
estimates and preliminary parking modifications to the parcels will be prepared.
15.3.2. Landscape
Preparation of updated design of the landscape and irrigation plans and
specifications to address the modifications to the median for access
management.
15.3.3. Electrical
Preparation of updated design of street lighting to address modifications of
driveway access, and revisions of the median. Electrical plans will be updated
to include the revisions.
DELIVERABLES
• Updated plans and specifications with the above revisions to be included in the Bid
Set or an Addendum as schedule allows.
SCHEDULE AND FEE
Phases 2 and 3 Additional Services work will begin upon approval by the City. Bid and
Construction Support as defined in the Phases 2 and 3 Scopes of Work dated November 11,
2011 will be finalized and submitted to the City in a future submission.
The fee for the project has been prepared for the tasks outlined in this document for
Additional Services.
The estimated fee for the work is summarized below:
TTC /APW improvements Additional Services: Roadway Task 11 $6,240
TTC /APW Improvements Additional Services: Roadway Task 12 $2,410
TTC /APW Improvements Additional Services: ROW Acquisitions Task 15 $14,800
Total fee including reimbursable expenses: $23,650
May 31, 2013
Page 4
36
IBI GROUP SCOPE OF WORK
City of Tukwila
TUKWILA TRANSIT CENTER AND ANDOVER PARK WEST IMPROVEMENTS
PHASES 2 AND 3: ADDITIONAL SERVICES
A.P PEI N DIX
FEE SUMMARY
May 31, 2013
37
IBI
GROUP
Tukwila Transit Center and Andover Park West
Phases 2 and 3: Additional Services
Exhibit B - Project Budget
2013-06-03
IBI Group
Additona S
KPFF - Civil 'Nakano
Tres West
Total Hrs
byTask
Fees by Task
Task 11: Co
n Documents (60% and 100
Civil
11.8 Existing Detection
11.9 Signal Design
Landscape Design
Urban Design
Electrical
ITS/Signals
6
6
20
24
Sub-total Task 11
5
$6 240
Task 12: Cost (60% and 100
12.2 100% Cost Estimates
8
Task
ay-RkihtofEn
Sub-total Task 12
8
2 410
.4 APW Median
on
2
62
2
32
34
ub-total Task
28
82
2
32
4,800
Firm Sub-to Is 181 Group
Hours 44
Fee $4,340
Reimbursables $50
Fee + Reimbursables $4,390
TTCAPW_Add-Srv_Master_2013-06-03.xlsx
KPFF - Civi
114
$13,750
$50
$13,800
Nakano
14
$1,450
$50
$1,500
Tres We
$3,910
$50
$3,960
PROJECT TOTALS Hours
Fees
Reimbursables
TOTAL PROJECT COST
2013-06-06 5 24 PM
SOUTH COUNTY AREA TRANSPORTATION BOARD (SCATBd)
MEETING
Tuesday, June 18, 2013
9:00 — 11:00 a.m.
SeaTac City Hall
4800 South 188th Street
SeaTac
AGENDA
1.
Open Meeting
• Introductions
• Approve summary of May 19, 2013
SCATBd Meeting (Attachment A)
Action
9:00 a.m.
2.
Reports, Communications and Citizen
Requests for Comments
• Chair or Vice -Chair
• Participant Updates from RTC and
Other Regional Committees
• Citizen Comments
Reports and
Discussion
9:05 a.m.
3.
Legislative Update — Monica Whitman, SCA
Report and
Discussion
9:15 a.m.
4.
Federal Way Safety Projects Update, Rick
Perez, Federal Way
Report and
Discussion
9:30 a.m.
5.
• 2013 -2016 Draft SCATBd Agreement
(Attachment B)
• Annual Dues Report (Attachment C)
• Possible SCATBd Meeting Time Change
Reports and
Discussion
10:00 a.m.
6.
Comprehensive Approach to Regional Tolling
— Kelly McGourty, PSRC & Monica Whitman,
SCA
• Letter and SCA Resolution
(Attachment D)
• Next steps
Report and
Discussion
10:30 a.m.
39
„A„t . . o :h. „e air. t . .
SOUTH COUNTY AREA TRANSPORTATION BOARD (SCATBd)
May 21, 2013
MEETING SUMMARY
Members
Mayor Pete Lewis (Chair)
Councilmember Marcie Palmer (Vice- Chair)
Councilmember Jeanne Burbidge
Stacy Trussler
Joe Timmons
Councilmember Elizabeth Albertson
Chris Arkills
Commissioner Don Meyer
Mayor Dave Hill
Councilmember Kate Kruller
Councilmember Stacia Jenkins
Councilmember Wayne Snoey
Councilmember Victoria Laise Jonas
Kelly Hayden
Councilmember Barry Ladenburg
Councilmember Carol Benson
Terry Davis
Councilmember Joan McGilton
Mayor Rebecca Olness
Councilmember Jeanette Burrage
City of Auburn
City of Renton
City of Federal Way
WSDOT
King County Council (Alternate)
City of Kent
King County Executive (Alternate)
Port of Tacoma
City of Algona
City of Tukwila
City of Normandy Park
City of Covington
City of Maple Valley
Pierce Transit
City of SeaTac
City of Black Diamond (Alternate)
South Sound Cambers Coalition
City of Burien
City of Black Diamond
City of Des Moines
I. Open Meeting
After introductions the Board approved the March 19 and April 16 SCATBd meeting
summaries.
II. Reports
Mayor Lewis reported on the May 20 Transportation Rally that was held on Olympia. He
said there were a number of elected and stakeholders in attendance, and said that this
legislative session was probably the last chance to get funding for the SR 509 /SR 167
Gateway Project. Mayor Lewis reiterated the need for the Gateway projects because of their
importance to the economic vitality of the State and region.
Monica Whitman gave a short report on the legislative update; she also noted the great
turnout for the May 20 transportation rally. She also reported on the Metro public meeting
that was held in support of the transportation legislation and said that over 400 people
attended.
Mayor Lewis briefed the Board on the ongoing subarea Chairs and Vice -Chair agreement
discussion. He said that the group was developing a new interlocal with King County that
40
would address County needs while recognizing the differences between the three
transportation Boards. He said that most of the issues have been resolved and a side -by -side
comparison of the current SCATBd Agreement and the proposed new agreement will be
presented at the next SCATBd meeting for review and discussion.
III. Possible Action Item, SCATBd Support Letter for SHB 1954
Chris Arkills asked if the Board was willing to send a letter of support for the passage of
Substitute House Bill (SHB) 1954 to the South King County area Senators and
Representatives. SHB 1954 is bill that includes a variety of local transportation revenue
options and is consistent with SCATBd's 2013 legislative agenda.
A Motion was made and seconded to send a letter of support for SHB 1954 to South
King County Senators and Legislators. The Motions was approved by SCATBd.
The Board also asked that electronic signatures of all members present at the meeting be
attached to the support letter.
IV. Update on I- 405 /SR 167 Corridor Project - Denise Cieri and Kim Henry, WSDOT
Kim Henry and Denise Cieri updated the Board on the current status of the Eastside
Corridor Tolling Study. Key items being studied include the car -pool policy and express
tolling options. The 2011 State Legislature gave WSDOT the OK to move forward with
express toll lanes on I -405 and SR 167. The I- 405 /SR 167Corridor vision includes new
highway lanes, improved interchanges, and express toll lanes. Other features, such as the
SR 167 Express Toll Lanes Pilot Project and SR 167 extension in Pierce County, will
connect the entire corridor with a system better equipped to manage traffic demands in the
future. Current projects include I -405 express toll lanes being constructed in the 17 -mile
stretch between NE 6th Street in Bellevue and I -5 in Lynnwood, with a planned opening
date of late 2015; and the south bound HOT lane extension on SR 167 to just south of the
County line with and opening planned for 2017. Additional unfunded projects include the
Bellevue to Renton widening /express toll lanes, and the I- 405 /SR 167 connector project.
The study is also looking at possible carpool scenarios for the express toll lanes. The
majority of the region has a 2+ carpools system, but because they are the HOV lanes are
overcrowded WSDOT is currently looking at 3+ car pool option. The I- 405 /SR 167
Executive Advisory Group has advised that a 3+ carpool was a big change and WSDOT
staff is currently looking at transition options including 3+ carpool free during the peak
period, 2+ carpool free during the off -peak period, or a Carpool discount.
SCATBd Boardmembers discussed possible methods to identify carpools, including photo
identification, windshield stickers, and license plat stickers. The Board was informed that
the carpool identification option chosen will be simple and will work on tolled and HOT
lane facilities across the state.
41
V. 2012 Statewide VOWS Panel Transportation Survey — Andrew Thibault, EMC
Research
Andrew Thibault from EMC Research briefed the Board on the 2012 Voters of Washington
State (VOWS) Transportation Survey. He said the State Legislature directed the
Transportation Commission to establish a Statewide Survey Panel and conduct surveys of
the panel to provide the Governor and Legislature with data about the opinions, preferences
and priorities of citizens on transportation policy and funding.
Mr. Thibault said this was on on -line survey and was a fairly robust data set that was
representative of Washington State Voters. Over 13,000 people followed the survey link in
the email invitation and 7,896 people completed the entire survey by the December 20th
deadline. The following are the key findings of the 2012 survey:
• Grades for local transportation systems, and consequently attitudes about funding
fairness, have gotten worse.
• Voters largely agree that the state needs additional transportation revenue, but this
does not translate into support for tax /lee increases.
• When asked how much $2.1 Billion /year in identified transportation needs voters
would fund, the average was $763 Million, or 36 %.
• Although voters say they are willing to fund $763M in needs, they only support
$554M in specific revenue increases, or 26% of the total $2.1 billion need. Even
after being made aware of the extent of the need, only about half of voters support
any increase in the Gas Tax, MVET, or VLF.
• Tolling for new construction and maintenance /improvement of some existing roads
has strong support across the state. Combined, a majority of voters support using
toll revenue for the entire travel corridor (38 %) or all toll projects statewide (18 %).
About a third think toll money should only be used on the project where it is
collected.
• Of the six long term funding sources tested in the survey, only a vehicle emissions
fee and tolling receive majority support. The other future revenue sources included
VMT fees, fees for fuel efficient vehicles, a sales tax on gas, and a statewide
property tax dedicated to state and local projects.
Mr. Thibault said the one main takeaway from this survey is that the voters will not bail out
the state regarding funding transportation needs; the State Legislature will have to do it.
V. Growing Transit Communities Briefing — Sara Nikolic, PSRC
Ms. Nikolic gave a brief overview of the Growing Transit Communities strategies that are currently
out for public comment. She said the 3 year effort was funded by $5 million grant from Partnership
for Sustainable Communities. The study was limited to 3 geographies and included the current
LINK/BRT corridor between Seattle and Tacoma.
The Growing Transit Communities Strategy includes a three -part implementation plan to
promote thriving and equitable transit communities in the central Puget Sound region. The
Regional Compact will affirm the region's diverse partners' support for the Partnership's
work and a commitment to work toward regional goals by implementing the Strategy. The
Typology and Recommended Strategies and Actions, include eight implementation
42
approaches, 24 recommended strategies, and corridor specific priorities that will guide an
evolving approach to transit communities. The Individual Work Plans are local
government, agency, or organization specific work plans, to be developed individually and
in consultation with PSRC staff, which define short- and medium -term actions that can
implement the Strategy.
Board members express concerns about the term affordable housing and said that it had
different meaning in different communities. Concerns were also express about the potential
of pushing out low income households from areas as transit communities are developed.
Board members said there needs to be a lot more discussion amongst transit stakeholders
throughout the region rather than those just within the corridors identified in planning
study. Board members said that the GTC effort had to be more inclusive in applying the
GTC strategies. Chris Arkills said King County was supportive of Growing Transit
Communities strategy of focusing development near transit, and the resulting balance
between local control and encouraging coordinated planning effort around transit areas. Ms.
Nikolic said that staff acknowledged concerns express by Board members, and said that the
GTC recommendations will go through a thorough review process by PSRC boards before
being implemented within the region.
Other Attendees:
Councilmember Bill Peloza, Auburn
Councilmember Tamie Deady, Black Diamond
Dan Holmquist, HNTB Corp
Don Samdahl, Fehr & Peers
Amy Danberg, WSDOT I -405 Program
Cathy Mooney, Kent
Kim Henry, WSDOT I -405 Program
Councilmember Dana Ralph, Kent
Denise Cieri, WSDOT
Melaku Dubie, Kent
Samantha Casne, King County
Glenn Akramoff, Covington
Monica Whitman, SCA
Ron Posthuma, King County
Tom Gut, SeaTac
Rick Perez, Federal Way
Paul Takamine, King County
Andrew Thibault, EMC Research
Sara Nikolic, PSRC
43
„A„ t . . o :h. „e air.
June 18, 2013
TO: SCATBd Members
FR: Pete Lewis, SCATBd Chair
Marcie Palmer, SCATBd Vice -Chair
RE: Revised SCATBd Agreement
Since the existing agreements for SCATBd, ETP, and SeaShore will expire at the end of
2013, the chairs and vice chairs of the three boards have been meeting as a group to
develop recommendations for new agreements. Based on last year's recommendations
from ETP's and SCATBd's subcommittees and from King County, the group has
developed more streamlined agreements. While some common elements are retained,
these agreements will allow flexibility for each board to tailor procedural items as
needed. They also reflect reduced King County staffing levels as included in the adopted
King County budget for 2013 -14.
• In order to streamline the approval and signature process, we are proposing to
limit the parties to the agreement to cities in each area and King County.
• In an effort to allow greater flexibility for each board, the Board's operating
procedures will provide the mechanism to add non - voting members and members
with limited voting rights. Other operational issues such as the payment of dues
will also be included in each board's operating procedures rather than in the
agreement.
• In addition, the language in the agreements has been simplified an updated.
A copy of the revised SCATBd agreement is attached, along with a copy of the current
agreement. These will be discussed at the June 18 SCATBd meeting and scheduled for
action at the July 16 meeting. We hope this will allow sufficient time for all the parties to
approve and sign the agreement by fall, so it can be in place before the current agreement
expires at the end of this year.
Attachments
Draft 2013 SCATBd Agreement
Current SCATBd Agreement
44
South County Area Transportation Board Agreement
Parties to Agreement
City of Algona
City of Auburn
City of Black Diamond
City of Burien
City of Covington
City of Des Moines
City of Enumclaw
City of Federal Way
City of Kent
City of Maple Valley
City of Milton
City of Normandy Park
City of Renton
City of SeaTac
City of Tukwila
City of Pacific
Muckleshoot Indian Tribe
King County
Transmitted to parties for approval and signature on
THIS AGREEMENT is made and entered into by and among the CITY OF ALGONA, hereafter called
"Algona "; the CITY OF AUBURN, hereafter called "Auburn "; the CITY OF BLACK DIAMOND,
hereafter called "Black Diamond "; the CITY OF COVINGTON, hereafter call "Covington "; the CITY
OF DES MOINES, hereafter call "Des Moines "; the CITY OF ENUMCLAW, hereafter call
"Enumclaw "; the CITY OF FEDERAL WAY, hereafter called "Federal Way "; the CITY OF KENT,
hereafter called "Kent "; the CITY OF MAPLE VALLEY, hereafter called "Maple Valley "; the CITY
OF MILTON, hereafter called "Milton "; the CITY OF NORMANDY PARK, hereafter called
"Normandy Park "; the CITY OF RENTON, hereafter called "Renton "; the CITY OF SEATAC,
hereafter called "SeaTac "; the CITY OF TUKWILA, hereafter called "Tukwila "; the CITY OF
PACIFIC, hereafter called "Pacific "; the MUCKLESHOOT INDIAN TRIBE; and KING COUNTY, a
legal subdivision of the State of Washington, hereafter called "King County" as members of the South
County Area Transportation Board.
WHEREAS, the parties to this agreement recognize that multi jurisdictional transportation planning and
coordinated transportation plans benefit their citizens; and
WHEREAS, the South County Area Transportation Board has served as the central forum for
information sharing, consensus building, and coordination to develop recommendations for
transportation policies, projects and programs for the south King County area;
NOW THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree
as follows:
45
1.0 Purpose of this Agreement
The purpose of this Agreement is to recognize the South County Area Transportation Board as the
transportation board for the south King County area to share information, build consensus, and provide
advice on plans, programs, policies and priorities for countywide, regional, state and federal
transportation decisions.
*Explanatory Note (not to be included in agreement): Section 2 allows the parties to the agreement to
extend limited voting rights to other jurisdictions. The intent is to continue to extend limited voting
rights to those jurisdictions which are current members of the South County Area Transportation Board.
These jurisdictions, and any non - voting members, including the current non - voting members, shall be
listed in procedures to be adopted by the South County Area Transportation Board.
2.0 Members and Voting
Members shall have full voting rights, limited voting rights or shall be non - voting members, as follows:
2.1 Members with Full Voting Rights: Only jurisdictions which are signatories to this agreement
shall have full voting rights on all of the following issues before the South County Area Transportation
Board, unless otherwise noted, including:
1. Administrative issues, such additional members and use of dues
2. Recommendations to Sound Transit on policies and capital and service plans and
implementation.
3. Recommendations to King County on Metro Transit planning, development and implementation
of products and services.
4. Identification of projects for the regional competition, if prescribed by the process approved by
the King County caucus of the Transportation Policy Board.
5. Recommendations to WSDOT on policies, programs and projects.
6. Recommendations to the PSRC on plans, policies, programs and projects such as Transportation
2040 update and regional funding policies, strategies or programs.
7. Input to the State Legislature and committees and commissions established by the Legislature on
transportation policy, budge and priorities and legislative proposals and studies.
8. Recommendations to the federal delegation on federal legislation including reauthorization and
funding priorities and other transportation - related programs.
2.2 Members with Limited Voting Rights: The South County Area Transportation Board may add
members with limited voting rights on the issues such as those listed below by unanimous vote of
the parties to this agreement in attendance at a regular meeting.
1. Recommendations to WSDOT on policies, programs and projects.
2. Recommendations to the PSRC on plans, policies, programs and projects such as the
Transportation 2040 update and regional funding policies, strategies or programs.
3. Input to the State Legislature and committees and commissions established by the Legislature on
transportation policy, budget and priorities and legislative proposals and studies.
4. Recommendations to the federal delegation on federal legislation including reauthorization and
funding priorities and other transportation - related programs.
46
2.2(a) Such members and voting rights, if any, shall be listed in operating procedures to be adopted by
the South County Area Transportation Board.
2.3 Non - Voting Members: The South County Area Transportation Board may add non - voting
members by unanimous vote of the parties to this agreement in attendance at a regular meeting. The
South County Area Transportation Board may remove non - voting members by a unanimous vote of the
parties to the agreement at a regular meeting.
2.3(a) Such members shall be included in operating procedures to be adopted by the South County
Area Transportation Board.
3.0 Representation and Conduct
3.1 Representation of jurisdiction members shall be as follows:
Voting Members
Number of Representatives
City of Algona
1
City of Auburn
1
City of Black Diamond
1
City of Burien
1
City of Covington
1
City of Des Moines
1
City of Enumclaw
1
City of Federal Way
1
City of Kent
1
City of Maple Valley
1
City of Milton
1
City of Normandy Park
1
City of Renton
1
City of SeaTac
1
City of Tukwila
1
City of Pacific
1
Muckleshoot Indian Tribe
1
King County
3
3.2 Elected officials shall be appointed to the South County Area Transportation Board by their
cities and counties for a one -year term. King County representation shall be a maximum of two
Councilmembers and the King County Executive.
3.3 Each city or county participating member may appoint an alternate for a one -year term.
Designated alternates may vote in place of designated voting representatives in the absence of the
designated representative.
4.0 Operating Procedures
The South County Area Transportation Board shall adopt operating procedures to specify limited voting
members and non - voting members, if any, dues for limited and non - voting members, if any, and
operational issues such as election of officers, formation of subcommittees and rules of order. A chair
and vice -chair shall be elected per the operating procedures and shall be responsible for setting meeting
agenda, running meetings and any other activities identified in the operating procedures.
47
5.0 Lead Agency
5.1 King County will be the Lead Agency for receipt and disbursement of funds collected through
annual dues, and general administrative and program support for the South County Area Transportation
Board. King County assumes wage and benefit costs of its staff performing Lead Agency
responsibilities to the extent that King County appropriates such funds. The Lead Agency, in its sole
discretion, shall determine the level of staffing available based upon funding.
5.2 Lead Agency responsibilities may be limited to: maintaining the South County Area
Transportation Board membership rosters and distribution lists; arranging for Board meetings, including
scheduling, agendas and rooms; collecting, administering and disbursing Board dues; providing Board
meeting support to the chair and vice chair; attending Board meetings; and preparing Board meeting
summaries.
6.0 Financing and Cost Sharing Guidelines
6.1 Yearly Dues: The South County Area Transportation Board members shall pay a minimum of
$100 per full voting member in annual dues to remain members in good standing. The Lead Agency
will bill annually at the end of each year, and dues are to be paid within ninety days after receipt of the
invoice. Members not in good standing shall lose voting rights until the required dues are paid.
Additional dues above $100, and any dues required by limited or non - voting members, will be
determined by the South County Area Transportation Board and included in the operating procedures.
Revenue from dues shall be used for special events, public education, or other expenses authorized by
the South County Area Transportation Board. The designated Lead Agency shall not be required to pay
yearly dues.
6.2 Annual Review of Financing: The South County Area Transportation Board shall determine by
June 30 of each year whether additional annual dues above $100 per voting member will be required of
the South County Area Transportation Board member jurisdictions for the following year.
6.3 Additional financial contributions: If additional financial contributions beyond an increase in
dues are determined to be necessary, costs shall be shared among all voting members, with an option for
King County to recuse itself from further financial obligations. Recused members may not vote on
determining the additional financial contribution or uses for the additional funds.
6.4 Modification to Agreement Required: If additional funds are determined to be necessary, a
modification to this agreement specifying cost - sharing, purpose, scope of work, administration,
collection and disbursement of funds and other details is required in order to obligate a member
jurisdiction to funding participation.
7.0 Withdrawal of a Party from this Agreement
Each party, for its convenience and without cause or for any reason whatsoever, may withdraw from
participation in this Agreement by providing written notice, sent certified mail, return receipt required,
to the chair of the South County Area Transportation Board at least thirty (30) days in advance of the
effective date of the withdrawal. A withdrawing party shall not be entitled to a refund of any payments
48
to the South County Area Transportation Board and shall pay any dues required to be paid under this
Agreement for costs which had been obligated prior to the effective date of the withdrawal. All
obligations other than dues cease upon withdrawal.
Each party's funding to perform its obligations under the Agreement, beyond the current appropriation
year, is conditional upon appropriation by the party's governing body of sufficient funds. Should such
an appropriation not be approved for a future year, a party may exercise its right to withdraw from the
Agreement.
8.0 Duration
This Agreement shall take effect upon being duly adopted by the governing bodies of all parties and
executed by the authorized representatives of all parties. This Agreement shall remain in effect until
December 31, 2015, provided that unless terminated earlier in accordance with Section 9.0, this
Agreement shall be automatically extended upon the same terms or conditions for another term
commencing January 1, 2016 and ending no later than December 31, 2017.
9.0 Termination
All parties to this Agreement must agree to terminate this Agreement in order for such termination to be
effective. If all parties desire to terminate this Agreement, they shall execute a Statement of
Termination. Upon termination, no party shall be required to make any additional contributions. Any
remaining funds shall be refunded to the parties to this Agreement according to Section 11.0.
10.0 Real and Personal Property
The acquisition of real property is not anticipated under this Agreement. Any personal property
acquired pursuant to this Agreement shall be held by the Lead Agency. In the event this Agreement
expires or is terminated in accordance with Section 8.0 or 9.0, any personal property other than cash
shall remain with the Lead Agency.
11.0 Return of Funds
At such time as this Agreement expires without being extended or revised, or is terminated in
accordance with Section 9.0, any unexpended and uncommitted funds shall be distributed
proportionately to those parties to this Agreement at the time of termination based on each party's
percentage share of the total balance at the time of termination.
12.0 Filing
This Agreement shall be filed with the King County Department of Records and Elections.
13.0 Legal Relations
13.1 The parties shall comply with all applicable state and federal laws and regulations.
49
13.2 This Agreement is solely for the benefit of the parties hereto and gives no right to any other
party. No joint venture or partnership is formed as a 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 of any other party.
13.3 Each party shall defend, indemnify and hold harmless the other party and all of its officials,
employees, principals and agents from all claims, demands, suits, actions, and liability of any kind
whatsoever which arise out of, are connected with, or are incident to any negligent acts of the first party,
its contractor, and /or employees, agents, and representatives in performing the first party's obligations
under this Agreement. The parties agree that their obligations under this paragraph extend to claims
made against one party by the other party's own employees. For this purpose, the parties, by mutual
negotiation, hereby waive any immunity that, as respects the other party only, would otherwise be
available against such claims under the industrial insurance provisions of RCW Title 51. In the event
either party incurs attorney's fees, costs or other legal expenses to enforce the provisions of this section,
against the other party, all such fees, costs and expenses shall be recoverable by the prevailing party.
13.4 The provisions of this Section shall survive and remain applicable to each of the parties
notwithstanding any termination or expiration of this Agreement and notwithstanding a party's
withdrawal from this Agreement.
14.0 Entirety and Modifications
14.1 This Agreement merges and supersedes all prior negotiations, representations and agreements
between the parties relating to the subject matter hereof and constitutes the entire agreement between the
parties.
14.2 This Agreement may be modified or extended only by written instrument signed by all the
parties hereto.
15.0 Counterparts
The signature pages of this Agreement may be executed in any number of counterparts, each of which
shall be an original.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be signed and delivered by its
duly authorized officer or representative as of the date set forth below its signature.
50
Parties to Agreement
City of Algona
City of Auburn
City of Black Diamond
City of Burien
City of Covington
City of Des Moines
City of Enumclaw
City of Federal Way
City of Kent
City of Maple Valley
City of Milton
City of Normandy Park
City of Pacific
2009 -2012 Agreement
for the
South County Area Transportation Board
16584
Attachment A
20
City of Renton
City of SeaTac
City of Tukwila
King County
Muckleshoot Tribe
Pierce County
Pierce Transit
Port of Seattle
Puget Sound Regional Council
Sound Transit
Transportation Improvement Board
Washington State Department of Transportation
Washington State Transportation Commission
356
Transmittal date to participating members for approval: December 30, 2008
THIS AGREEMENT is made and entered into by and among the CITY OF ALGONA, hereafter called
"Algona "; the CITY OF AUBURN, hereafter called "Auburn"; the CITY OF BLACK DIAMOND,
hereafter called "Black Diamond "; the CITY OF BURIEN, hereafter called `Burien "; the CITY OF
COVINGTON, hereafter called "Covington "; the CITY OF DES MOINES, hereafter called "Des
Moines "; the CITY OF ENUMCLAW hereafter called "Enumclaw "; the CITY OF FEDERAL WAY,
hereafter called "Federal Way "; the CITY OF KENT, hereafter called "Kent "; the CITY OF MAPLE
VALLEY, hereafter called "Maple Valley "; CITY OF MILTON, hereafter called "Milton "; the CITY
OF NORMANDY PARK, hereafter called "Normandy Park "; the CITY OF PACIFIC, hereafter called
"Pacific "; the CITY OF RENTON, hereafter called "Renton "; the CITY OF SEATAC, hereafter called
"SeaTac "; the CITY OF TUKWILA, hereafter called "Tukwila "; the MUCKLESHOOT TRIBE;
KING COUNTY, a legal subdivision of the State of Washington, hereafter called "King County ";
PIERCE COUNTY, a legal subdivision of the State of Washington, hereafter called "Pierce County;
the PUGET SOUND REGIONAL COUNCIL, hereafter called the "PSRC "; the CENTRAL PUGET
SOUND REGIONAL TRANSIT AUTHORITY, hereafter called "Sound Transit "; PIERCE
TRANSIT; the WASHINGTON STATE DEPARTMENT OF TRANSPORTATION, hereafter called
"WSDOT "; the WASHINGTON STATE TRANSPORTATION COMMISSION, hereafter called the
"Transportation Commission "; the TRANSPORTATION IMPROVEMENT BOARD, hereafter called
"TIB "; and the PORT OF SEATTLE.
WHEREAS, the parties to this agreement recognize that multi jurisdictional transportation planning
and coordinated transportation plans benefit their citizens; and
WHEREAS, the South County Area Transportation Board (SCATBd) has effectively served as the
central forum for information sharing, consensus building, and coordination to develop
recommendations for transportation policies, projects and programs for the South King Subarea; and
1
51
Attachment A
WHEREAS, the King County Comprehensive Plan for Public Transportation - Long Range Policy
Framework, adopted in 1993, divided Metro service into three geographic subareas for the purpose of
allocating new transit subsidy; and
WHEREAS, the Six -Year Transit Development Plan, adopted in 1995, called for the three subarea
transportation boards (the Eastside Transportation Partnership, South County Area Transportation
Board, and SeaShore Transportation Forum) to review, refine, and recommend service priorities to the
King County Executive; and
WHEREAS, Sound Transit relies on the three subarea transportation boards to review and recommend
Sound Transit plans and implementation of projects and services; and
'WHEREAS, the geographic subarea boundary area for the South King Subarea is the area represented
on the attached map (Exhibit A);
NOW THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto
agree as follows:
1.0 Purpose of Agreement
The purpose of the Agreement is to provide for the continuation of the South County Area
Transportation Board (SCATBd) as the South forum for local governments to share information, build
consensus, and coordinate among jurisdictions and agencies with the goal of providing advice on
plans, programs, policies and priorities for regional transportation decisions.
2.0 Role of Subarea Transportation Boards
1. The South County Area Transportation Board (SCATBd) is the forum established for the
South subarea of King County for elected officials to provide advice into the following
decisions:
a. The King County Metro six -year transit development plan and implementation of
transit service priorities.
b. Sound Transit plans and implementation of projects and services.
2. The SCATBd may also provide input on other countywide and regional transportation issues.
3. The three subarea transportation boards shall hold at least one joint meeting annually to
address issues of mutual interest and concern and promote regional decisions.
2
52
Attachment A
3.0 Voting and Non - voting Members
3.1 The voting members of SCATBd and their voting ri ghts shall be as follows:
Voting Members
Number of Reps.
Voting
Rights
1
WSDOT
Sound
Transit'
Metro Transit
Regional
Competition3
Other4
Algona
1
Yes
Yes
Yes
Yes
Auburn
1
Yes
Yes
Yes
Yes
Black Diamond
1
No
Yes
Yes
Yes
Burien
1
Yes
Yes
Yes
Yes
Covington
1
No
Yes
Yes
Yes
Des Moines
1
Yes
Yes
Yes
Yes
Enumclaw
1
No
Yes
Yes
Yes
Federal Way
1
Yes
Yes
Yes
Yes
King County
3
Yes
Yes
Yes
Yes
Kent
1
Yes
Yes
Yes
Yes
Maple Valley
1
No
Yes
Yes
Yes
Milton
1
Yes
Yes
Yes
Yes
Muckleshoot Tribe
1
Yes
Yes
Yes
Yes
Normandy Park
1
Yes
Yes
Yes
Yes
Pacific
1
Yes
Yes
Yes
Yes
Renton
1
No
Yes
Yes*
Yes
SeaTac
1
Yes
Yes
Yes
Yes
Tukwila
1
Yes
Yes
Yes
Yes
Pierce County
1
No
No
No
Yes
3.2 The non - voting members of SCATBd shall be as follows:
Non - Voting Member
Number of Representatives
1
Sound Transit
PSRC
1
WSDOT
1
TIB
1
Pierce Transit
1
Port of Seattle
1
Washington State Transportation Commission
1
Private sector representation (if approved by SCATBd)
1
t Recommendations on Sound Transit capital and service plans and implementation
2 Recommendations on Metro Transit service plans
3 Identification of projects for the regional competition, if prescribed by the process approved by the King County members of the Transportation
Policy Board ( *projects in Renton south of the Cedar River)
Other recommendations including:
• Recommendations to the PSRC on plans, policies and programs, such as input on alternatives, policies and criteria for the regional transportation plan; on studies and
analyses conducted; on criteria; on funding policies; and on regional priorities.
• Recommendations to the State Legislature, committees and commissions established by the Legislature, such as input on proposed legislation; on recommendations
from commissions; and on transportation budgets and priorities.
• Recommendations to WSDOT on projects, policies, programs, priorities and funding, such as input on alternatives, funding, and priorities for major corridors; on
tolling; on transportation demand management; on Commute Trip Reduction; on active traffic management; and on state transportation plans.
• Recommendations to the State Transportation Commission, such as input on policies regarding tolling, preservation, capacity improvements and funding.
• Recommendations to the federal delegation on federal legislation, such as input on reauthorization; and on funding priorities.
3
53
Attachment A
3.3 A roll call vote shall be taken on recommendations from the subarea board regarding Sound
Transit capital and service plans and implementation, Metro Transit service plans, and identification of
projects for the regional competition, if prescribed by the process approved by the King County caucus
of the Transportation Policy Board. The results shall be recorded by jurisdiction.
4.0 Representation and Conduct
4.1 The representation on the South County Area Transportation Board (SCATBd) shall be as
follows:
1. Elected officials appointed for a one -year term from each of the participating counties and
cities, in the number specified above. King County representation shall be a maximum of two
Councilmembers and the King County Executive or his designee.
2. High level staff from WSDOT, Pierce Transit, the Port of Seattle and the PSRC; a South King
subarea board member of Sound Transit; the Director of the TIB; and a representative
designated by the Washington Transportation Commission.
3. A representative of a private sector group or groups as determined by SCATBd.
4.2 Each participating member shall appoint an alternate. Designated alternates may vote in place
of designated voting representatives in the absence of the designated representative.
4.3 On an annual basis, member jurisdictions shall inform the Lead Agency in writing of its
representatives and alternates and provide the appropriate contact information for each.
4.4 The SCATBd will be responsible for overall program direction, approving Technical Advisory
Committee recommendations and providing direction for input on transportation decisions.
4.5 The SCATBd may establish its own bylaws and rules of procedures and may modify these as
appropriate. Such bylaws and rules shall be consistent with the provisions of this Agreement and
modifications to such bylaws and rules will not alter this Agreement.
4.6 The SCATBd may establish subcommittees as it determines appropriate.
4.7 With a simple majority of voting members as shown in Section 3.1, the SCATBd can adopt
resolutions, authorize correspondence, request studies, or provide other advisory input to member
jurisdictions or regional and state activities, including plans policies, programs, projects or legislative
issues.
4.8 Any voting member may request that a minority statement be included in communications or
otherwise distributed with the adopted majority position.
5.0 Chair and Vice Chair
5.1 The chair and vice chair of SCATBd shall be representatives of a member county or city
located within the subarea's geographic boundaries. The chair and vice chair shall be elected by a
majority of the voting representatives from jurisdictions within the subarea's geographic boundaries.
5.2 The chair and vice chair shall be nominated by a nominating committee established in
November of each year and nominated in December of each year.
4
54
Attachment A
5.3 The chair and vice chair shall serve a term of one year from February 1 through January 31 of
the following year.
5.4 The chair and the vice chair shall conduct the SCATBd activities within adopted procedures
and guidelines. The chair and vice chair are responsible for setting meeting agendas, ensuring fair
opportunity for discussion, signing correspondence, and speaking on behalf of the SCATBd.
6.0 Technical Advisory Committee (TAC)
6.1 Each member jurisdiction or agency shall appoint at least one planning, public works and/or
intergovernmental staff person to the Technical Advisory Committee (TAC). Private sector groups
shall not participate in TAC activities. Each member jurisdiction and agency is expected to contribute
such staff as is necessary to accomplish the work program adopted by the SCATBd.
6.2 The TAC shall provide technical assistance as requested by the SCATBd and shall advise the
SCATBd and their respective members on emergent transportation issues, and be responsible for
overall program development including drafting of the work program. The TAC shall also review
consultant work and coordinate its activities with adjacent jurisdictions, including the other subarea
transportation forums.
6.3 When appropriate, the TAC will make recommendations for consideration of the SCATBd. The
TAC's recommendations shall be arrived at by consensus of a majority of the TAC members present.
If the Technical Advisory Committee is unable to reach consensus on a particular issue, TAC members
may present discussion questions or a dissenting opinion to the SCATBd for consideration.
7.0 Lead Agency
7.1 King County will be the lead agency for the purposes of receipt of funds, contract
administration, and disbursement of funds associated with consultant contracts and study - related
expenses. King County shall appoint a staff member to serve as Project Manager for special projects.
King County shall also provide general administrative and program support for the SCATBd. King
County assumes wage and benefits cost of its staff performing Lead Agency responsibilities.
7.2 Lead Agency responsibilities include administrative and technical support for meetings and
ongoing operations; collection, administration and distribution of dues; support to the chair and vice
chair; preparation of correspondence and other materials; development and monitoring of work
program; and coordination of consultant services or other special projects as directed by the SCATBd.
8.0 Annual Work Program
The SCATBd may undertake activities consistent with its purposes and shall prepare an annual
progress report and work program for the following year for submittal to its members.
5
55
Attachment A
9.0 Financing and Cost Sharing Guidelines
9.1 Yearly Dues -- Each member city will contribute $100.00 annually per vote awarded to remain
members in good standing. The designated Lead Agency shall not be required to pay yearly dues.
This revenue shall be used for special events, including an annual joint meeting of the subarea
transportation boards, public education, or other expenses authorized by the SCATBd.
9.2 The following guidelines shall generally apply:
1. Annual Review of Financing: The SCATBd shall determine by June 30 of each year whether
an additional financial contribution will be requested of the SCATBd jurisdictions.
2. Voting Members: If additional financial contributions are determined to be necessary, costs
shall be shared among member jurisdictions other than King County by a method as determined
by action of the SCATBd. Unless agreed to otherwise, King County's share shall be limited to
the costs of providing staff support.
3. Non - voting Members: The member agencies shall not be expected to make a direct funding
contribution.
4. Modification to Agreement Required: A modification to this agreement specifying cost -
sharing, purpose, scope of work and other details is required to obligate a member jurisdiction
to funding participation.
10.0 Withdrawal of a Party from this Agreement
Each party, for its convenience and without cause or for any reason whatsoever, may withdraw from
participation in this Agreement by providing written notice, sent certified mail, return receipt required,
to all of the other parties at least thirty (30) days in advance of the effective date of the withdrawal. A
withdrawing party shall not be entitled to a refund of any payments to SCATBd but shall make any
contributions required to be paid to other parties under this Agreement for costs which had been
obligated prior to the effective date of the withdrawal. In the event a party withdraws, the remaining
parties shall amend this Agreement as necessary to reflect changes in the named parties and cost and
revenue allocations. In the event of withdrawal by . a party, this Agreement shall terminate as to that
party but shall continue in effect with respect to the remaining parties. However, the termination of
this Agreement with respect to one or more parties shall not affect any of the parties' rights or
obligations, including any rights or obligations of a withdrawing party, that are expressly intended to
survive termination.
Each party's funding to perform its obligations under the Agreement, beyond the current appropriation
year, is conditional upon appropriation by the party's governing body of sufficient funds to support
said obligations. Should such an appropriation not be approved for a future year, a party may exercise
its right to withdraw as provided herein.
11.0 Duration
This Agreement shall take effect upon being duly adopted by the governing bodies of all parties and
executed by the authorized representatives of all parties. This Agreement shall remain in effect until
all the tasks have been completed to the satisfaction of the SCATBd or until such time as the
participating members choose to conclude the program for other reasons, but in no case shall the
program extend beyond December 31, 2012, unless terminated earlier or extended in accordance with
6
56
Attachment A
Section 11.0. If all parties desire to extend this Agreement beyond December 31, 2012, they shall
execute a Statement of Extension. In no event shall the Agreement be extended beyond December 31,
2014.
12.0 Termination
All parties to this Agreement must agree to terminate this Agreement in order for such termination to
be effective. If all parties desire to terminate this Agreement, they shall execute a Statement of
Termination. Upon termination, no party shall be required to make any additional contributions. Any
remaining funds shall be refunded to the parties to this Agreement according to Section 14.0.
13.0 Real and Personal Property
The acquisition of real property is not anticipated under this Agreement. Any personal property
acquired pursuant to this Agreement shall be held by the Lead Agency. In the event this Agreement
expires or is terminated in accordance with Sections 11.0 or 12.0, any personal property other than
cash shall remain with the Lead Agency.
14.0 Return of Funds
At such time as this Agreement expires or is terminated in accordance with Sections 11.0 or 12.0, any
unexpended and uncommitted funds shall be distributed proportionately to those parties to this
Agreement at the time of termination based on each party's percentage share of the original
contribution.
15.0 Filing
This Agreement shall be filed with the King County Department of Records and Elections.
16.0 Legal Relations
16.1 The parties shall comply with all applicable state and federal laws and regulations.
16.2 This Agreement is solely for the benefit of the parties hereto and gives no right to any other
party. No joint venture or partnership is formed as a 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 of any other party.
16.3 Each party shall defend, indemnify and hold harmless the other party and all of its officials,
employees, principals and agents from all claims, demands, suits, actions, and liability of any kind
whatsoever which arise out of, are connected with, or are incident to any negligent acts of the first
party, its contractor, and/or employees, agents, and representatives in performing the first party's
obligations under this Agreement. The parties agree that their obligations under this paragraph extend
to claims made against one party by the other party's own employees. For this purpose, the parties, by
mutual negotiation, hereby waive any immunity that, as respects the other party only, would otherwise
be available against such claims under the industrial insurance provisions of RCW Title 51. In the
event either party incurs attorney's fees, costs or other legal expenses to enforce the provisions of this
section, against the other party, all such fees, costs and expenses shall be recoverable by the prevailing
party.
7
57
Attachment A
16.4 The provisions of this Section 16 shall survive and remain applicable to each of the parties
notwithstanding any termination or expiration of this Agreement and notwithstanding a party's
withdrawal from this Agreement.
17.0 Entirety and Modifications
17.1 This Agreement merges and supersedes all prior negotiations, representations and agreements
between the parties relating to the subject matter hereof and constitutes the entire agreement between
the parties.
17.2 This Agreement may be modified or extended only by written instrument signed by all the
parties or extended only by written instrument signed by all the parties hereto.
18.0 Counterparts
The signature pages of this Agreement may be executed in any number of counterparts, each of which
shall be an original.
8
58
Attachment A
IN WITNESS WHEREOF, the Parties have caused this Agreement to be signed and delivered by its duly authorized officer
or representative as of the date set forth below its signature.
City of Algona
By:
City of Auburn
By:
City of Black Diamond
By:
Date:
Date:
Date:
City of Burien
By:
City of Covington
By:
City of Des Moines
By:
Date:
Date:
Date:
City of Enumblcaw
By:
City of Federal Way
By:
City of Kent
By:
Date:
Date:
Date:
City of Maple Valley
By:
City of Milton
By:
City of Normandy Park
By:
Date:
Date:
Date:
City of Pacific
By:
City of Renton
By:
City of Sea Tac
By:
Date:
Date:
Date:
City of Tukwila
By:
King County
By:
Muckleshoot Tribe
By:
Date:
Date:
Date:
Pierce County
By:
Pierce Transit
By:
Port of Seattle
By:
Date:
Date:
Date:
Puget Sound Regional Council
By:
Sound Transit
By:
Transportation Improvement Board ,
By:
Date:
Date:
Date:
Washington State Department of
Transportation
By:
Washington State Transportation
Commission
By:
Date:
Date:
9
59
Exhibit A
Normandy Park
De Moin
Muckleshoot Tribe
South King County Subarea 2008
South County Area Transportation Board (SCATBd)
The information included on this map has been compiled by King
County staff from a variety of sources and is subject to change
without notice. King County makes no representations or
warranties, expressed or implied, as to accuracy, completeness,
timeliness or rights to the use of such Information. King County shall
not bailable for any general, special, indirect, incidental, or
consequential damages including, but not limited to. lost revenues
or lost profits resulting from the use or misuse of the Information
contained on this map. Any sale of this map or Information on this
map is prohibited except by written permission of King County.
King County
SCATBd
SCATBD and ETP
Cedar River
_.___.,..._ Roads
60
SCATBd 2013 Dues Report
Background and Report:
• A report on SCATBd's dues is made in June of each year so that financial
contributions from members for the upcoming year can be adjusted if needed.
This also provides an opportunity for the Board to discuss its priorities for
spending the remaining dues for the rest of the year.
• The current SCATBd Agreement calls for each member city to pay $100 in
annual dues to remain members in good standing, except for King County, which
provides staffing support instead. The revenues from dues are to be used for
special events, public education and other expenses authorized by the Board.
• In 2013 the dues generated a total of $1600. SCATBd's current dues balance
(June, 2013) is $9,287.80.
Suggestions for Use of Dues
• Bus tour to see city projects, light rail stations and /or RapidRide operations.
• Brochure for use during the legislative session to advocate for SCATBd
legislative priorities. (This could be developed by SCATBd only or coordinated
with other subarea transportation boards).
• Event with legislators to prepare for legislative sessions. (This could be sponsored
by SCATBd only or coordinated with other subarea transportation boards.)
• Event with gubernatorial candidates to explore their positions on transportation.
(This could be sponsored by SCATBd only or coordinated with other subarea
transportation boards.)
• Coordination with cities in other parts of the state to understand their priorities,
educate them about the SCATBd's priorities and identify common issues for
advocacy.
• Other expenses authorized by SCATBd
61
S
May 8, 2013
SCA PIC Meeting
Item 7:
Comprehensive Approach to Regional Tolling Implementation
Action Item
SCA Staff Contact
Deanna Dawson, SCA Executive Director, office 206 - 433 -7170, deanna@soundcities.org.
Background:
At the April 10, 2013 meeting of the Public Issues Committee (PIC), the PIC had a discussion and
adopted a public policy position regarding mitigation for tolling: "The Sound Cities Association
supports mitigation from the State of Washington to address impacts from the current regional
tolling of SR 520, as well as the potential regional tolling of 1 -90 and other future regional
tolling." That position was formally adopted by the SCA Board on April 17, 2013.
Leading up to the April PIC meeting, a number of SCA members approached staff and expressed
interest in having SCA adopt a broader policy position regarding taking a comprehensive
approach to looking at tolling in the region, rather than tolling on a piecemeal basis. Based on
that feedback, staff prepared a draft position for initial consideration at the April PIC meeting:
The Sound Cities Association supports a more comprehensive approach to regional tolling
implementation, through the development of a comprehensive study that would include all
tolling projects within SMART Corridors (as identified by the Puget Sound Regional Council
Transportation 2040 — Appendix B: Projects and Programs by SMART Corridor). The purpose of
the study is to identify potential traffic diversions resulting from tolling; as well as, develop a full
list of alternative revenue options for consideration.
See Attachment A.
The PIC had a discussion about that language at the April 10 PIC meeting, and asked staff to
bring back for discussion a revised and refined possible policy position for initial consideration
at the May PIC meeting.
After the April 10, 2013 PIC meeting, a number of SCA cities along with Seattle, Bellevue, and
King County transmitted a letter expressing similar sentiments to Puget Sound Regional Council
(PSRC) Executive Director Bob Drewel and Washington State Department of Transportation
(WSDOT) Secretary Lynn Peterson. See Attachment B.
Based on feedback from SCA members, SCA staff worked with SCA members, and staff from
King County and member cities to draft a revised policy position for consideration at the May 8,
2013 PIC meeting.
62
Recommended Action:
To recommend to the SCA Board of Directors:
The Sound Cities Association supports a more comprehensive approach to regional tolling
implementation, through the formation of a special task force convened by the Puget Sound
Regional Council that would advance the review of a system -wide approach to tolling our
region's major highway facilities as an alternative to the current path of implementing tolling
on a corridor by corridor basis. This comprehensive review should include consideration of the
following components:
• Ability to demonstrate the value to toll payers and the region at large;
• Equity for toll payers across the region and a fair distribution of costs and
benefits;
• Analysis of the direct and external costs and benefits of relatively recent tolling on
Tacoma Narrows Bridge, SR 520 and SR 167, and future facilities, including an
assessment of overall system performance across modes, greenhouse gas emissions,
vehicle miles travelled, traffic diversion and potential mitigation measures, and
experiences of the traveling public;
• Review the impact of tolling by income quintile, based on household car ownership
and use;
• Review of the technology available to achieve a regional solution, the implementation
challenges, and a proposed phasing plan with greater definition than that provided in
the region's Transportation 2040 Plan;
• A robust discussion of the uses of both near and long -term revenues for transit to
maximize the efficiency and equity of the tolled corridors and the system as a whole;
• Timing and staging of tolling implementation in tandem with the availability of
choices, such as transit, that provide alternatives to paying tolls to address inequitable
impacts as well as system operations; and
• Review and comparison of alternative finance options including Road Usage Charges
(VMT).
Attachments
A) Memo Including Draft Language Distributed at the April 10, 2013 PIC
B) PSRC Tolling Study Letter to PSRC and WSDOT
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April 10, 2013
SCA PIC Meeting
HANDOUT (Attachment A)
Comprehensive Approach to Regional Tolling Implementation
Potential Language (Draft):
The Sound Cities Association supports a more comprehensive approach to regional tolling
implementation, through the development of a comprehensive study that would include all tolling
projects within SMART Corridors (as identified by the Puget Sound Regional Council Transportation 2040
— Appendix B: Projects and Programs by SMART Corridor). The purpose of the study is to identify
potential traffic diversions resulting from tolling; as well as, develop a full list of alternative revenue
options for consideration.
Background information:
Since the discussion at the March 6, 2013 PIC meeting, a number of cities have expressed
interest in considering an additional public policy position in support of moving up the
timetable at PSRC for taking a comprehensive look at tolling throughout the region.
Transportation 2040 includes the application of tolls on improved highway facilities as new
investments are made, and suggests the eventual implementation of a whole system of tolled
highways. Transportation 2040 also acknowledges that these changes cannot occur overnight
but rather as the result of many individual steps, including legislative actions at the state and
federal level.
SMART Corridors include regionally significant capital projects and key programmatic strategies,
including tolling, included in Transportation 2040. Through the federally required Congestion
Management Process (CMP) the central Puget Sound Region has been divided into 12 subareas
called SMART Corridors. SMART Corridor Reports provide a profile of existing land use and
transportation conditions for each of the 12 subareas within the four - county region. These
reports include detailed information on the system, including current and previous land uses,
transportation facilities and programs, and multimodal mobility performance. SMART Corridor
reports, as a product of the Congestion Management Process, serve as a monitoring tool to
assess the performance of the system and success of plan implementation. As issues arise out
of the corridor reports, new solutions and needs may be identified which can be used as
guidance in the project prioritization process.
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King County
■Opflityl ,m
April 22, 2013
Bob Drewel
Executive Director
Puget Sound Regional Council
1011 Western Avenue, Suite 500
Seattle, WA 98104 -1035
Dear Mr. Drewel and Secretary Peterson:
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ohn
Set ing Our Residents
Town of Yarrow Point
Secretary Lynn Peterson
Washington State Department of Transportation
310 Maple Park Avenue SE
P.O. Box 47300
Olympia, WA 98504 -7300
We are writing to request that the Puget Sound Regional Council (PSRC) convene a special
task force to advance the review of a system -wide approach to tolling our region's major
highway facilities as an alternative to the current path of implementing tolling on a corridor
by corridor basis.
In recent years, the State has imposed tolls on SR 520, SR 167 and the Tacoma Narrows
Bridge. The Legislature has also directed that WSDOT study tolling of I -90, I -5, I -405, SR
509 and SR 99. The region's transportation system suffers from serious traffic congestion
and would benefit from a broad policy review and discussion on what is a reasonable vision
and path for advancing tolling as both a mechanism to pay for infrastructure and a way to
improve overall system performance and sustainability.
We are concerned that the State's corridor by corridor approach to tolling is piecemeal. We
believe that a system -wide study and public oversight should be considered to tackle the
complex policy, financial and system reliability questions that must be answered to advance a
regional vision for tolling. This is consistent with the communications coming forth from the
SR 99 Advisory Committee on Tolling and Traffic Management and it is critical at this time
65
Bob Drewel, Secretary Lynn Peterson
April 22, 2013
Page 2
with cities along Lake Washington urging mitigation for the unanticipated traffic diversion
caused by SR 520 tolling.
We believe PSRC is the appropriate organization to convene regional stake holders including
the State and local jurisdictions in a more comprehensive approach to toll implementation so
we can avoid the unintended consequences of tolling one facility at a time. We recognize
that the Washington State Department of Transportation's participation in this effort is
important for a successful outcome and we are hopeful that WSDOT will engage in and
support the review.
The comprehensive review should include consideration of the following components:
• Ability to demonstrate the value to toll payers and the region at large;
• Equity for toll payers across the region and a fair distribution of costs and benefits;
• Analysis of the direct and external costs and benefits of relatively recent tolling on
Tacoma Narrows Bridge, SR 520 and SR 167 and future facilities, including an
assessment of overall system performance across modes, implementation and
operational costs, greenhouse gas emissions, vehicle miles travelled, traffic diversion
and potential mitigation measures, and experiences of the traveling public;
• Review the impact of tolling by income quintile, based on household car ownership
and use;
• Review of the technology available to achieve a regional solution, the implementation
challenges, and a proposed phasing plan with greater definition than that provided in
the region's Transportation 2040 Plan;
• A robust discussion of the uses of both near and long -term revenues for transit to
maximize the efficiency and equity of the tolled corridors and the system as a whole;
• Timing and staging of tolling implementation in tandem with the availability of
choices, such as transit, that provide alternatives to paying tolls to address inequitable
impacts as well as system operations; and
• Review and comparison of alternative finance options.
We appreciate the work PSRC has done with Vision 2040 and recognize that it laid the
groundwork for a regional approach to tolling and pricing. We now need to engage a wide
composition of stakeholders to conduct the analysis in order to provide a deliberate and
cohesive review in time to inform the 2014 legislative session.
66
Bob Drewel, Secretary Lynn Peterson
April 22, 2013
Page 3
We look forward to working with PSRC and WSDOT to further develop this request and to
expeditiously seek approval for PSRC to undertake this study.
Sincerely,
Dow Constantine
King County Executive
George S. Martin
Mayor, City of Clyde Hill
David Baker
Mayor, City of Kenmore
Bruce Bassett
Mayor, City of Mercer Island
John Marchione
Mayor, City of Redmond
Mike McGinn
Mayor, City of Seattle
Conrad Lee
Mayor, City of Bellevue
Fred McConkey
Mayor, Town of Hunts Point
Mary Jane Goss
Mayor, City of Lake Forest Park
Rich Crispo
Mayor, City of Newcastle
Denis Law
Mayor, City of Renton
David Cooper
Mayor, Town of Yarrow Point
67
11'
June 6, 2013
The Honorable Dow Constantine
King County Executive
The Honorable George S. Martin
Mayor, City of Clyde Hill
The Honorable David Baker
Mayor, City of Kenmore
The Honorable Bruce Bassett
Mayor, City of Mercer Island
The Honorable John Marchione
Mayor, City of Redmond
The Honorable Mike McGinn
Mayor, City of Seattle
Dear Executive and Mayors:
wi�ullfi���i�a
The Honorable Conrad Lee
Mayor, City of Bellevue
The Honorable Fred McConkey
Mayor, Town of Hunts Point
The Honorable Mary Jane Goss
Mayor, City of Lake Forest Park
The Honorable Rich Crispo
Mayor, City of Newcastle
The Honorable Denis Law
Mayor, City of Renton
The Honorable David Cooper
Mayor, Town of Yarrow Point
Thank you for your letter requesting that the Puget Sound Regional Council initiate a study of
alternatives to regional tolling. Since we received your letter, our staffs have set to work with interests
within the region on a comprehensive and thorough response.
We're hoping that staff can present a draft scope, timeline, and funding plan to the elected leadership of
the Regional Council in July. In the meantime, we will continue to work together to secure additional
transportation funding from the 2013 state Legislature and will remain focused on that cause.
We hope we can count on you to stay in touch as this work develops.
Sincerely,
Bob Drewel, Executive Director
Puget Sound Regional Council
Lynn A. Peterson, Secretary of Transportation
Washington State Department of
Transportation
68