monday, february 22, 2021 - 6:30 p.m. zoom webinar

AGENDA

City Council Special Meeting Monday, February 22, 2021 - 6:30 p.m.

Zoom Webinar

Public Access Link: https://bit.ly/2LAgoW0

Please see the link to the Zoom Webinar Meeting in the header of the Agenda. However, please note that during this uncertain time, the city is aiming to reserve the bandwidth of the virtual meetings for residents who do not have the ability to submit their comments in writing, or to view the meetings via livestream or on Burien TV Channel 21. Therefore, we respectfully request that you do not join the webinar if you do not have any comments to share, or are able to view the meeting online or on Channel 21.

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

3. ROLL CALL

Mayor Jimmy Matta

Deputy Mayor Krystal Marx Councilmember Pedro Olguin

Councilmember Sofia Aragon Councilmember Kevin Schilling

Councilmember Cydney Moore Councilmember Nancy Tosta

4. EXECUTIVE SESSION

a) To hold an Executive Session to discuss Litigation per RCW 42.30.110(1)(i) (30 minutes)

5. AGENDA CONFIRMATION

6. PUBLIC COMMENT ON AGENDA ITEMS

According to the Council Guidelines, at City Council Study Sessions members of the public are allowed to speak for two (2) minutes but must limit their comments to items that are specifically listed on the agenda, and the total time allotted to accept comment is 30 minutes. If you would like to provide public comment, please fill out this public comment form by 5:00 p.m. on the day of the meeting, so we may know to call on you. Alternatively, you can type your comment into the form, if you prefer the Clerk to read it aloud at the meeting. However, please take note that priority will be placed on hearing the comments of those who are in attendance at the meeting, but all written comments will be forwarded to Council and noted in the minutes for that meeting.

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https://bit.ly/2LAgoW0

https://zoom.us/j/933261366?pwd=Qk02Njkva0U4TWRoci95TlhRTnBrdz09

https://burien.vod.castus.tv/vod/?nav=live

https://citydocs.burienwa.gov/Forms/PublicComments

https://citydocs.burienwa.gov/Forms/PublicComments

Other ways to provide public comment:

• Email: Send an email to [email protected].

• Text: Send a text to [email protected]

• Online (Zoom): Attend the meeting and use the "Raise Your Hand" feature during the public comment portion of the agenda.

7. CORRESPONDENCE TO THE COUNCIL

a) Correspondence from the week of January 27 - February 3, 2021 CTTC TOC 01.27.21 - 02.03.21

5 - 12

b) Correspondence from the week of February 3 - 10, 2021 CTTC TOC 02.03.21 - 02.10.21

13 - 15

c) Correspondence from the week of February 10 - 17, 2021 CTTC TOC 02.10.21 - 02.17.21

17

8. PRESENTATIONS OR DISCUSSIONS ON STUDY SESSION TOPICS

a) H-Line Update

(King County Metro)

Presentation

b) Interlocal Agreement with King County Metro for the H-Line

(Robin Tischmak, Deputy Public Works Director)

Introduction and Discussion Agenda Bill - PDF - Pdf

19 - 51

c) City Council Planning Calendar

(Brian J. Wilson, City Manager)

Review Planning Calendar 02.18.21

53 - 61

9. ADJOURNMENT

NOTE: In accordance with Governor Inslee's Healthy Washington - Roadmap to Recovery (from January 8, 2021), the City is temporarily prohibited from holding in-person meetings. However, in an effort to encourage our community to continue to view and participate in Council meetings, we request that you visit our website for more information regarding Virtual Meeting Access.

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mailto:[email protected]

https://us02web.zoom.us/j/933261366?pwd=Qk02Njkva0U4TWRoci95TlhRTnBrdz09

https://www.governor.wa.gov/sites/default/files/HealthyWashington.pdf

https://www.governor.wa.gov/sites/default/files/HealthyWashington.pdf

https://burienwa.gov/residents/public_safety/emergency_management/COVID_19/virtual_meeting_access

The City of Burien offers Spanish interpretation during every virtual City Council meeting. Any attendee may access this service.

Once you log into the meeting, click on the “Interpretation” link at the bottom of your screen. If you need an interpreter for another language, please contact the City Clerk at [email protected] at least two business days prior to the meeting date.

***********

La Ciudad de Burien ofrece interpretación en español durante cada reunión virtual del Ayuntamiento. Cualquier asistente puede acceder a este servicio.

Cuando haya iniciado sesión en la reunión, haga clic en el enlace "Interpretación" en la parte inferior de la pantalla. Si necesita un intérprete para otro idioma, comuníquese con el Secretario de la Ciudad en [email protected] al menos dos días hábiles antes de la fecha de la reunión.

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CORRESPONDENCE TO THE COUNCIL

Table of Contents January 27, 2021 (noon) – February 3, 2021 (noon)

For full Council Correspondence, please follow this link: https://burienwa.civicweb.net/filepro/documents/45791

DATE NAME TOPIC FOLLOW-UP

01/27/21 Michael Williams Supports Hazard Pay

01/27/21 Dana Carmichael Supports Hazard Pay

01/27/21 Joshua Buzzell Supports Hazard Pay

01/27/21 Michael Won Supports Hazard Pay

01/27/21 Amanda Umberger Supports Hazard Pay

01/27/21 Donald Miller Supports Hazard Pay

01/27/21 Kirsten Gunn Supports Hazard Pay

01/27/21 David Swart Supports Hazard Pay

01/27/21 Kelly Peet Supports Hazard Pay

01/27/21 Sally Aristizabal Supports Hazard Pay

01/27/21 David Ruby Supports Hazard Pay

01/27/21 Amanda Zuber Supports Hazard Pay

01/27/21 Michael Stein Ross Supports Hazard Pay

01/27/21 Sara Ullmer Supports Hazard Pay

01/27/21 Rupika Madhavan Supports Hazard Pay

01/27/21 Jennifer Brown Supports Hazard Pay

Agenda Item #7.a)

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https://burienwa.civicweb.net/filepro/documents/45791

Correspondence to the Council 01.27.21 – 02.03.21 | Page 2 of 8

01/27/21 Chelsea Hinderlie Supports Hazard Pay

01/27/21 Julia Keiter Supports Hazard Pay

01/27/21 Shane Updike Supports Hazard Pay

01/27/21 Meghan Milam Supports Hazard Pay

01/27/21 Holly Chisa Opposes Hazard Pay

01/27/21 Darrin Stolz Supports Hazard Pay

01/27/21 Meagan Lass Supports Hazard Pay

01/27/21 Patricia Ruelas (1) Supports Hazard Pay

01/27/21 Dahlia Wisner Supports Hazard Pay

01/27/21 Vanessa K. Aldrich, M.A. Supports Hazard Pay

01/27/21 Tom Main Recology

01/27/21 Sadie Strain Supports Hazard Pay

01/27/21 Dzenita Omerovic Supports Hazard Pay

01/27/21 Robert Bennett (1) Supports Hazard Pay

01/28/21 Donna Moneymaker (1) Supports Hazard Pay

01/28/21 Yazmin Aguilar Supports Hazard Pay

01/28/21 Danae Dotolo Supports Hazard Pay

01/28/21 Rev. Lina Thompson Supports Hazard Pay

01/28/21 Tracey Richardson Supports Hazard Pay

01/28/21 Hugo Garcia Supports Hazard Pay

01/28/21 Theari Leng Supports Hazard Pay

01/28/21 Patricia Zimmerman Supports Hazard Pay

01/28/21 Niamh O'Rourke Supports Hazard Pay

Agenda Item #7.a)

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01/28/21 Jennifer Fichamba Supports Hazard Pay

01/28/21 Darby Frye Supports Hazard Pay

01/28/21 Satprit Kaur Supports Hazard Pay

01/28/21 April Rebollo Supports Hazard Pay

01/28/21 Jeremy Voss Supports Hazard Pay

01/28/21 Annie Phillips (1) Boulevard Park Flooding

01/28/21 Donna Moneymaker (2) Supports Hazard Pay

01/28/21 Howard Moneymaker Supports Hazard Pay

01/29/21 Bailey Wolber Supports Hazard Pay

01/29/21 Tara Heilans Supports Hazard Pay

01/29/21 Vicky Hartley (1) Supports Hazard Pay

01/29/21 Annie Phillips (2) Boulevard Park Flooding

01/29/21 John Johnson Boulevard Park Flooding

01/29/21 Vicky Hartley (2) Supports Hazard Pay

01/29/21 Katie Garrow Supports Hazard Pay

01/29/21 Tom & Linda Dike Business License Fees

01/29/21 Luis Gonzales Supports Hazard Pay

01/29/21 Amanda Gemmill Supports Hazard Pay

01/29/21 Susan Almadova Recology

01/29/21 Erin Sroka Supports Hazard Pay

01/29/21 Sharuti Sharma (1) Supports Hazard Pay

01/29/21 Casey Tran Supports Hazard Pay

01/29/21 Sara Currie Supports Hazard Pay

Agenda Item #7.a)

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01/29/21 Irene Danysh Boulevard Park Flooding

01/29/21 Emmt Do Supports Hazard Pay

01/29/21 Amy Doan Supports Hazard Pay

01/29/21 Sheryl Saechao Supports Hazard Pay

01/29/21 Kristy Doan Supports Hazard Pay

01/29/21 Keone Dydasco Yasutake Supports Hazard Pay

01/29/21 Rochit Cortez Supports Hazard Pay

01/29/21 Nicole Headley Supports Hazard Pay

01/29/21 Vidette Marroquin Supports Hazard Pay

01/29/21 Tanya Rodas Supports Hazard Pay

01/29/21 Laura Gonzalez Supports Hazard Pay

01/29/21 Hassan Sharif Supports Hazard Pay

01/29/21 Jack Block Supports Hazard Pay

01/29/21 Angelica Hernandez Supports Hazard Pay

01/29/21 Karen French Supports Hazard Pay

01/29/21 Cesar Cruz-Quin Supports Hazard Pay

01/29/21 Danielle Patrick Supports Hazard Pay

01/29/21 Elizabeth Patrick Supports Hazard Pay

01/29/21 Ashleigh Lauer Supports Hazard Pay

01/30/21 Sharuti Sharma (2) Supports Hazard Pay

01/30/21 Robert Bennett (2) Supports Hazard Pay

01/30/21 Ambrosia Hicks Supports Hazard Pay

01/30/21 Tommy Doan Supports Hazard Pay

Agenda Item #7.a)

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01/30/21 David Van Orden Supports Hazard Pay

01/30/21 Julie Creswell Supports Hazard Pay

01/30/21 Sydney Van Hoose Supports Hazard Pay

01/30/21 Rebekah Harper Supports Hazard Pay

01/30/21 Jeni Jones Supports Hazard Pay

01/30/21 Ellen Choy Supports Hazard Pay

01/30/21 Sarah Brown Supports Hazard Pay

01/30/21 Rodelyn Chapman Supports Hazard Pay

01/30/21 Dalia Michel Supports Hazard Pay

01/30/21 Craig Marker Business Licensing

01/30/21 Claribel Hernandez Supports Hazard Pay

01/30/21 Tri Vu Supports Hazard Pay

01/30/21 Caleb Versey-Harmon Supports Hazard Pay

01/30/21 Sue Glen Supports Hazard Pay

01/30/21 Renee Agatsuma Supports Hazard Pay

01/30/21 Lindsay Perez Supports Hazard Pay

01/30/21 Antonio Nakpil Supports Hazard Pay

01/30/21 Kyong Barry Supports Hazard Pay

01/31/21 James Case Supports Hazard Pay

01/31/21 Stephen Ruvkun Supports Hazard Pay

01/31/21 Bonnie Alvarez Supports Hazard Pay

01/31/21 Susan Maughan Supports Hazard Pay

01/31/21 Regina Le Blanc Supports Hazard Pay

Agenda Item #7.a)

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01/31/21 Laura Clark Supports Hazard Pay

01/31/21 Phuong Nguyen Supports Hazard Pay

01/31/21 Charlie Vo Supports Hazard Pay

01/31/21 Ngocloan Pham Supports Hazard Pay

01/31/21 Linda Clark Supports Hazard Pay

01/31/21 Austin Bell Supports Hazard Pay

01/31/21 Donna Heath Supports Hazard Pay

01/31/21 Johnathan Erskine Supports Hazard Pay

01/31/21 Tiffany Dinh Supports Hazard Pay

01/31/21 Aj Clark Supports Hazard Pay

01/31/21 Patricia Ruelas (2) Supports Hazard Pay

01/31/21 Kathleen Lange Supports Hazard Pay

01/31/21 Laura Lauer Supports Hazard Pay

01/31/21 Monica Lauer Supports Hazard Pay

01/31/21 Wai Shing Yu Supports Hazard Pay

01/31/21 Hoi Ling Yuen Supports Hazard Pay

01/31/21 Kimiko Anderson Anderson Supports Hazard Pay

01/31/21 Benjamin Folgers Supports Hazard Pay

02/01/21 Srole Abdal Supports Hazard Pay

02/01/21 Donovan Carey Supports Hazard Pay

02/01/21 Alysia Beaumont Supports Hazard Pay

02/01/21 John Carey Supports Hazard Pay

02/01/21 Monica Smith Supports Hazard Pay

Agenda Item #7.a)

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02/01/21 Chestine Edgar (1) Resolution No. 447 Susan McLain (02/01/21)

02/01/21 Tom Lux Supports Hazard Pay

02/01/21 Ikaika Rosa Supports Hazard Pay

02/01/21 Nicole Grant Supports Hazard Pay

02/01/21 Lena Pace Boulevard Park Flooding

02/01/21 Nancy Kick (1) Supports Hazard Pay

02/01/21 Maile Allen Supports Hazard Pay

02/01/21 Dina Greene Supports Hazard Pay

02/01/21 Bob Barnes Supports Hazard Pay

02/01/21 Luce Cousineau Supports Hazard Pay

02/01/21 Julissa Sanchez Supports Hazard Pay

02/01/21 Snowhite Siatunuu Supports Hazard Pay

02/01/21 David Feinberg (1) Boulevard Park Flooding

02/01/21 Daniel Lombardo Boulevard Park Flooding

02/01/21 Claudia Linares Supports Hazard Pay

02/01/21 Susan Glen Supports Hazard Pay

02/01/21 Roxana Garcia Supports Hazard Pay

02/01/21 Sonam Lama Supports Hazard Pay

02/01/21 Teresa Johnson Supports Hazard Pay

02/01/21 Nancy Kick (2) Boulevard Park Flooding

02/01/21 Chestine Edgar (2) BLM

02/01/21 Anna Minard Supports Hazard Pay

02/01/21 David Feinberg (2) Boulevard Park Flooding

Agenda Item #7.a)

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02/01/21 Aiden Basco Supports Hazard Pay

02/01/21 P Ames Reinhold Reinhold Supports Hazard Pay

02/01/21 Daniel Martin Police

02/02/21 Jay Herzmark Supports Hazard Pay

02/02/21 Mark Tedrow (1) Supports Hazard Pay

02/02/21 Gustavo Diaz Supports Hazard Pay

02/02/21 Omaha Sternberg Supports Hazard Pay

02/02/21 Cindi Brinson Utility Statement



02/03/21 Kia Haggerty Supports Hazard Pay

02/03/21 Mika Harmon Opposes Hazard Pay

Agenda Item #7.a)

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Table of Contents February 3, 2021 (noon) – February 10, 2021 (noon)



02/03/21 Rob Gala Hazard Pay

02/04/21 Chestine Edgar BLM

02/04/21 Irene Danysh Boulevard Park Issues

Carolyn Hope (02/04/21)

02/05/21 Meagan Lass Hazard Pay

02/05/21 Daniel Cobb Hazard Pay

02/05/21 Stuart Codd Hazard Pay

02/05/21 Maggie Kelemete Hazard Pay

02/05/21 Heidi Koch Hazard Pay

02/05/21 Paula Nelson-Jones Hazard Pay

02/05/21 Tara Heiland Hazard Pay

02/05/21 Rhema Santos Hazard Pay

02/05/21 Julie Silva Hazard Pay

02/05/21 Courtney Johnson Hazard Pay

02/05/21 Deborah Scherer Hazard Pay

02/05/21 Robert Bennett Hazard Pay

02/05/21 Melissa Goslin Hazard Pay

Agenda Item #7.b)

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02/05/21 Gary and Cheryl DeCoursey,

Grocery Outlet Bargain Market (1)

Hazard Pay Garmon Newsom II (02/06/21), Councilmember Cydney Moore

(02/06/21)

02/06/21 Arthur Woo Hazard Pay

02/06/21 Niang Cing Hazard Pay

02/06/21 Jess Laning Hazard Pay

02/06/21 Adriana Anguiano Hazard Pay

02/06/21 Vanessa Aldrich Hazard Pay

02/06/21 Alton Hunt Hazard Pay

02/06/21 Mark Tedrow (1) Hazard Pay

02/06/21 Rolan Carette-Meyers Hazard Pay

02/06/21 Jenny Seay Hazard Pay

02/06/21 Lindsay Perez Hazard Pay

02/06/21 Mark Tedrow (2) Hazard Pay

02/06/21 Nancy Kick Boulevard Park

02/06/21 Traci Houle Hazard Pay

02/06/21 Yinita Silva-Jones Hazard Pay

02/07/21 Justin Cline Hazard Pay

02/07/21 Yozelyn Lecona Hazard Pay

02/07/21 Abby Noyes Hazard Pay

02/07/21 Gary and Cheryl DeCoursey,

Grocery Outlet Bargain Market (2)

Hazard Pay

02/07/21 Susan Okamoto Lane Hazard Pay

02/07/21 Trammie Nguyen Hazard Pay

02/07/21 Elisabeth McKamey Hazard Pay

Agenda Item #7.b)

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02/07/21 Shirley Chu Hazard Pay

02/08/21 Charles Schaefer Hazard Pay

02/08/21 Marina Pinedo Hazard Pay

02/08/21 Tammie Hetrick (1) Hazard Pay

02/08/21 Maria Dirdala Hazard Pay



02/09/21 Jenny Boetigger Hazard Pay

02/09/21 Lenna Preuett Hazard Pay

Agenda Item #7.b)

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Table of Contents February 10, 2021 (noon) – February 17, 2021 (noon)



02/09/21 Lenna Preuett (CTTC 02/03/21-02/10/21) Hazard Pay Councilmember Cydney

Moore (02/10/21) 02/11/21 Brendan Freeman Lights and Pots

02/12/21

Multiple Signatures (listed below)

1. Andrea Newman 2. Jennifer Fichamba 3. Amaranta Sandys 4. Natalia Fialkoff 5. Michael Stein-Ross 6. Irene Danysh 7. Jennifer Powell 8. Sonja Sivesind 9. Jeppa Hall 10. Jodi Escareno 11. Kathy Hazen 12. Vicky Hartley 13. Lee Moyer 14. Kate Richardson 15. Haven Wilvich 16. Daniel Martin 17. Savannah Sly 18. Burien White Center

Community Support Network

KCSO

02/14/21 Eric Hudson Cedar River

02/15/21 Irene Danysh (1) KCSO

02/15/21 Irene Danysh (2) Hazard Pay

02/15/21 Penny and Doug Whisler Business License Fees

02/17/21 Viviana Rodriguez Hazard Pay

Agenda Item #7.c)

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https://burienwa.civicweb.net/filepro/documents/45791?preview=47101

https://burienwa.civicweb.net/filepro/documents/45791?preview=47101

Agenda Bill

City Council Special Meeting - 22 Feb 2021

Department

Public Works

Staff Contact Robin Tischmak, Assistant Public Works Director

Agenda Placement Business Agenda

Agenda Bill Title Interlocal Agreement with King County Metro for the H-Line

Summary King County Metro is proposing to implement a new RapidRide (H Line) bus route connecting Burien

and Seattle primarily using Ambaum Boulevard and SW 150th Street. The RapidRide program implements improved bus services that decrease travel times and increase bus frequency. This new RapidRide route will replace the existing Route 120 and will connect Burien's Transit Center with downtown Seattle. Project planning and development started in 2017. In 2018 the Burien Council approved the route alignment and staff applied for a $10 million State Regional Mobility Grant to be used for construction costs related to necessary improvements within Burien city limits. The $10 million grant was awarded to Burien as design was progressing. King County Metro has advertised the project and received construction bids, which are now being evaluated for award. The grant funding that Burien received is for improvements that King County Metro has incorporated into its H Line Project. An agreement between King County Metro and Burien is necessary for the City to manage the grant funds and pay the County to implement the H Line Project. A Funding and Construction Agreement has been negotiated and is attached for Council's consideration.

Options 1. Authorize the City Manager to execute the Interlocal Funding and Construction Agreement

between Burien and King County Metro for the Ambaum Boulevard and H Line Transit Pathway Improvements.

2. Do not authorize the agreement, and eliminate $10 million worth of improvements from the H Line Project.

3. Provide alternate direction regarding the agreement to staff.

Administrative Recommendation Staff recommends Option #1.

Page 1 of 33

Agenda Item #8.b)

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Suggested Motion I move to place this item on the consent agenda of the next regular business meeting.

Fiscal Impact This agreement provides the mechanism for the City to provide $10 million in Washington State

Regional Mobility Grant Funds to King County Metro for the H Line Project.

Attachments Funding and Construction Agreement with King County Metro

Page 2 of 33

Agenda Item #8.b)

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________________________________________

RapidRide H Line Funding and Construction Agreement between

the City of Burien and King County Metro Transit Department

Page 1 of 31

FUNDING AND CONSTRUCTION AGREEMENT

City of Burien

and

King County Metro Transit Department

THIS FUNDING AND CONSTRUCTION AGREEMENT (the “Agreement”), dated February 1, 2021

(the “Effective Date”), is made and entered into by and between the City of Burien, a Washington

municipal corporation ( “Burien”) and King County, a home rule charter county of the State of

Washington, through its Metro Transit Department (the “County”), either of which entity may be referred

to hereinafter individually as “Party” or collectively as the “Parties.”

WHEREAS, in November 2016, the King County Council (“Council”) adopted the 2017-2018 Biennial

Budget via Ordinance 18409, subject to the provisions set forth in the ordinance; and

WHEREAS, Ordinance 18409, Section 132, contained two budget provisos, Proviso P4 and Proviso P5,

requiring the King County Executive to transmit reports to the Council describing the process for

implementing new RapidRide lines funded by the Metro Connects RapidRide Expansion project (capital

project 1129747) and the Move Seattle RapidRide Expansion project (capital project 1129632); and

WHEREAS, the required reports described the process for implementing new RapidRide lines, identified

the appropriation ordinances, ordinances establishing RapidRide lines, service change ordinances and

ordinances approving interlocal agreements anticipated to be required for the proposed new RapidRide

lines, and, to the extent possible, identified estimated timelines for consideration and enactment of the

identified ordinances; and

WHEREAS, on September 18, 2017, the County Council passed Motion 14955 approving the Proviso P4

report addressing implementation of new RapidRide lines for the Move Seattle RapidRide Expansion

project and Motion 14956 approving the Proviso P5 report addressing implementation of new RapidRide

lines for the Metro Connects RapidRide Expansion project; and

WHEREAS, consistent with the vision established in the Metro Connects long-range transit system

development plan, adopted by the County Council on January 23, 2017, via Ordinance 18449, both reports

identify RapidRide system expansion as a key element of Metro’s plan for an extensive network of

frequent service throughout King County; and

WHEREAS, in accordance with Motion 14955 and Motion 14956, Metro has identified a corridor running

from the City of Burien to downtown Seattle to be one of the new RapidRide routes and has designated

the proposed route as the new H Line; and

WHEREAS, the segment of the RapidRide H Line within the City of Burien (“the Project”) is the subject

of this Agreement and will not affect the other segments of the H Line in the City of Seattle or

unincorporated King County; and

Page 3 of 33

Agenda Item #8.b)

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________________________________________



Page 2 of 31

WHEREAS, building on the success of the existing RapidRide lines, the RapidRide H Line will be one of

the first of up to twenty proposed new RapidRide lines to be developed; and

WHEREAS, the key elements of existing RapidRide service include new, branded, low-floor, hybrid

buses; stop and station improvements; Intelligent Transportation System (ITS) infrastructure

improvements; wireless transit signal priority (TSP) improvements; business access and transit (BAT)

lanes; and pedestrian improvements; and

WHEREAS, the new generation of RapidRide lines, including the H Line, will continue to feature state-

of-the-art innovations and roadway improvements to keep buses running on time, including well-spaced

stops; roadway improvements; on-board WIFI; large, well-lit shelters; real-time bus arrival signs; efficient

off-board ORCA card readers; all-door passenger boarding capabilities; and a variety of ITS systems to

improve the speed, frequency and reliability of transit service; and

WHEREAS, the County has received a Connecting Washington grant from the Washington State

Department of Transportation (“CW Grant”), tracking number G2000031/GCB 2297, in the amount of

$8,000,000 for the purpose of any investment in developing the RapidRide H Line corridor from its

terminus in Burien to the City of Seattle city limit on Delridge Way SW; and

WHEREAS, Burien has received a Washington State Department of Transportation (“WSDOT”)

Regional Mobility Grant, Agreement, No. PTD0170 (the “WSDOT Grant”) in the amount of $10,000,000,

a copy of which is attached to and incorporated as part of this Agreement as Exhibit A; and

WHEREAS, the WSDOT Grant has a project scope covering the design and construction of improvements

that will facilitate the implementation of the County’s RapidRide H Line within the City of Burien; and

WHEREAS, the Parties have determined that the County will design and construct all improvements

necessary for the implementation of the RapidRide H Line within the City of Burien; and

WHEREAS, the Parties have agreed that Burien will sub-grant the WSDOT Grant to the County through

this Agreement will further the County’s development of the RapidRide H Line; and

NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements set forth herein,

and for other good and valuable consideration, the sufficiency of which is hereby acknowledged by both

Parties, the Parties agree as follows:

1. PURPOSE OF AGREEMENT

1.1 The purpose of this Agreement is to establish the roles and responsibilities of the Parties regarding

financing, designing and constructing the Project. The County shall be responsible for the design and

construction of all RapidRide H Line improvements outside Burien city limits in coordination with the

City of Seattle under a separate agreement.

Page 4 of 33

Agenda Item #8.b)

of 61

________________________________________



Page 3 of 31

1.2 The County shall be responsible for all design and construction of all Project improvements as

described more fully in Section 2 to this Agreement.

1.3 Burien shall review the County’s Project plans and will provide grant funds to the County from

Burien’s WSDOT Grant.

1.4 The Parties understand, acknowledge, and agree that the final RapidRide H Line route alignment

and station locations were legislatively approved by County Council on May 15, 2019, in Ordinance 2019-

0133.

2.1 This Agreement shall be effective from the Effective Date, and shall remain in effect through

December 31, 2022, to facilitate closeout unless terminated earlier in accordance with Section 9 of the

Agreement.

2. COUNTY RESPONSIBILITIES FOR THE PROJECT

2.1 The County shall be responsible for administering all work activities including but not limited to

design, permitting, construction, and inspection of the planned Project improvements.

2.2 The County shall submit to Burien thirty percent (30%), sixty percent (60%) and ninety percent

(90%) design plans for Burien’s review and approval before initiating construction. The County will

submit the plans via email to Burien’s Deputy Public Works Director. Burien may review and provide

written comments on the plans for consistency with the Project. Burien agrees to provide comments within

ten (10) business days after receipt of the plans to not impact the Project schedule. If the County does not

agree with Burien’s comments, and staff are unable to resolve the issues, the Parties agree they will utilize

the dispute resolution process set forth in Section 7 to this Agreement. The County will provide Burien

with an electronic PDF copy of the one hundred percent (100%) Project design plans when the Project

design is complete. Neither Burien’s comments on, nor inspection of, elements of the Project constructed

pursuant to this Agreement will relieve the County of its responsibility for said elements.

2.3 The County shall execute and manage the contract(s) for construction of the Project and will be

responsible for inspection of the work performed by its contractor(s). The County shall be responsible for

the administration of all contracts it enters into for the performance of its responsibilities under this

Agreement.

2.4 A list of the assets, by asset type, to be constructed for the Project is set forth in Exhibit B to this

Agreement. The Parties’ respective percentage of responsibility for funding each type of asset is set forth

in Exhibit B, which is attached hereto and fully incorporated into the Agreement by this reference.

2.5 The County shall require that its contractors and all subcontractors employed on the Project

comply with all prevailing wage laws applicable to the Project. The County shall further require that any

of its contractors performing work on the Project promptly pay subcontractors in accordance with all

applicable laws.

Page 5 of 33

Agenda Item #8.b)

of 61

________________________________________



Page 4 of 31

2.6 The County shall send Burien invoices for eligible Project costs in accordance with Section 5

(Project Budget and Payment) of this Agreement.

2.7 The County shall provide Burien with a Project progress report on a quarterly basis with the project

progress, schedule, costs, and other information or data necessary for Burien to comply with WSDOT

Grant reporting requirements.

2.8 The County shall provide Burien with annual performance reports to provide Burien with

information necessary for Burien to comply with the annual reporting requirements of the WSDOT Grant.

2.9 The County shall administer the Project in accordance with all laws, rules and regulations

applicable to the CW Grant and the WSDOT Grant.

2.10 The County shall comply with all terms of the WSDOT Grant and shall provide Burien with all

documentation necessary for Burien to properly report on Project progress and performance measurement

as required by the WSDOT Grant.

2.11 The County shall provide applicable documentation to demonstrate compliance with the terms of

the WSDOT Grant within 15 business days of receiving a specific and reasonable request from Burien.

Furthermore Section 4, Sections 12 through 26, Section 30, Section 33, and Section 34 of the WSDOT

Grant are hereby explicitly made part of this Agreement with the substitution of County for

CONTRACTOR.

2.12 The County shall retain all records and materials pertaining to this Agreement, including financial

records, in accordance with Section 14 (Records Retention and Audit) of this Agreement.

3. CITY RESPONSIBILITIES FOR THE PROJECT

3.1 Burien shall provide timely review and written comments to the County’s design plans at all levels

of design, utilizing its best efforts to return comments within two (2) weeks of receipt of the request from

the County. If the County does not agree with City comments, and staff are unable to resolve the issues,

the Parties agree they will utilize the dispute resolution process set forth in Section 7 of this Agreement.

3.2 Burien shall use its best efforts to issue permits for Project Improvements in a timely manner to

help keep the Project on schedule.

3.3 Burien shall pay the County within 30 business days of receiving a properly documented invoice

for eligible Project expenses in accordance with Section 5 of this Agreement.

3.4 Burien shall administer the WSDOT Grant and be responsible for all reporting and billing to the

state agency. The Parties agree that in accordance with Section 2.11 of this Agreement, the County will

provide Burien with information necessary for Burien to properly report on Project progress and

performance measurement as required by the WSDOT Grant.

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4. PROJECT FUND SOURCES AND GRANT MANAGEMENT

4.1 Burien is the Direct Recipient of the WSDOT Grant for the Project. The County shall be

responsible for compliance with the laws, rules and regulations governing the WSDOT Grant. The County

shall provide the $5,923,835 in County funds necessary for the local match to the WSDOT Grant. Burien

shall remain responsible for submitting the quarterly progress reports and quarterly billings for the

WSDOT Grant to the state. The Parties agree the WSDOT Grant will be fully utilized to fund costs

associated with RapidRide elements and transit-supportive improvements for the Project. Should

WSDOT or the Washington State legislature withdraw a portion of the WSDOT Grant from the Project,

the Parties agree to jointly identify scope reductions commensurate with the amount of funds withdrawn

consistent with Section 7 of this Agreement.

4.2 The County is the Direct Recipient of the CW Grant for the Project. As the Direct Recipient, the

County will receive the CW Grant funds and be responsible for the daily administration and management

of the CW Grant in compliance with WSDOT requirements. The CW Grant will be used to design and

construct improvements and facilities necessary for the County to implement the RapidRide H Line within

the Project boundaries. Burien has no responsibility or liability as to the CW Grant.

5. PROJECT BUDGET AND PAYMENT

5.1 Burien will reimburse the County the WSDOT Grant percentage of the actual cost of work

performed pursuant to this Agreement as identified in the Project Scope of Work set forth in Exhibit C to

this Agreement, which is attached hereto and fully incorporated into the Agreement by this reference. The

County shall submit completed invoice(s) to Burien detailing all expenses, quarterly activities, and

deliverables completed, and will indicate on the invoice(s) the reimbursement amount. The invoices shall

be submitted to Burien within thirty (30) calendar days of each quarter’s end. Burien shall pay the County

within thirty (30) business days after Burien has received completed invoices and approved them for

payment.

5.2 The County will provide financial information for the last invoice for work performed and billed

to the WSDOT Grant by the end of each WSDOT fiscal year during the period of performance for the

grant to enable Burien to accrue the billing with WSDOT. The County and Burien will then follow the

invoicing and payment process outlined in Section 5.1 of this Agreement. In no event shall Burien’s total

reimbursement to the County for work performed pursuant to this Agreement exceed the WSDOT Grant

amount (the “Reimbursement Cap”).

5.3 If it is determined that Burien has overpaid the County, Burien shall bill the County for any

undisputed overpayment. The County shall pay Burien within thirty (30) business days of receipt of an

invoice for any undisputed overpayment. Upon expiration of the Agreement, any claim for payment not

already made shall be submitted within thirty (30) days after expiration of the Agreement.

5.4 The County will be responsible for compliance with all laws, rules, regulations, and grant

requirements associated with the expenditure of WSDOT Grant and CW Grant funds. Should WSDOT

require Burien to repay any WSDOT Grant funds as a result of the County’s violation of any applicable

laws, rules, regulations, or grant requirements governing the expenditure of such grant funds, the County

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shall be responsible for prompt repayment of such funds to Burien, and Burien will repay the State for any

such WSDOT Grant funds required to be repaid due to the County’s violation of the applicable laws, rules,

regulations or grant requirements.

6. SUBCONTRACTS

This Agreement is subject to the requirements of the WSDOT Grant, pursuant to which Burien, as the

grantee, agreed to include Section 4, Sections 12 through 26, Section 30, Section 33, and Section 34 of

the WSDOT Grant, attached hereto as part of Exhibit A and fully incorporated herein by this reference, in

each subgrant and in all contracts it enters into for the employment of any individuals, procurement of any

incidental goods or supplies, or the performance of any work to be accomplished with WSDOT Grant

funds. The County further agrees that those clauses shall not be modified in any such subcontract, except

to identify the subgrantee or other person or entity that will be subject to its provisions. As a subgrantee

of Burien, the County agrees to comply with the requirements of Exhibit A, include the terms of Exhibit

A in any contract it enters into pursuant to this Agreement for any work to be accomplished with WSDOT

Grant funds, and ensure that any of its subcontractors comply with the requirements of Exhibit A when

performing work pursuant to this Agreement with WSDOT Grant funds.

7. DISPUTE RESOLUTION PROCESS

7.1 Designated Dispute Resolution Representatives. The following individuals are the

Designated Representatives for the purpose of resolving disputes under this Agreement:

For the County: Diane Carlson

Metro Capital Division Director

201 South Jackson Street, KSC-TR-0412

Seattle, WA 98104

(206) 263-9631

[email protected]

For the City of Burien: Maiya Andrews

City of Burien Public Works Director

400 SW 152nd St., Suite 300

Burien, WA 98166

(206) 248-5521

[email protected]

7.2 The County representative and Burien representative shall confer to resolve disputes that arise

under this Agreement as requested by either Party. The designated representatives shall use their best

efforts and exercise good faith to resolve such disputes.

7.3 In the event the Designated Representatives are unable to resolve the dispute, Burien’s Public

Works Director and the County Metro Transit Department Capital Division Director shall confer and

exercise good faith to resolve the dispute.

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7.4 In the event Burien Public Works Director and the County Metro Transit Department Capital

Division Director are unable to resolve the dispute, Burien’s City Manager and the County Metro Transit

Department General Manager shall confer and exercise good faith to resolve the dispute.

7.5 In the event the City Manager and the County Metro Transit Department General Manager are

unable to resolve the dispute, the Parties may, if mutually agreed in writing, submit the matter to non-

binding mediation. The Parties shall then seek to mutually agree upon the mediation process, who shall

serve as the mediator, and the time frame the Parties are willing to discuss the disputed issue(s).

7.6 If the Parties cannot mutually agree as to the appropriateness of mediation, the mediation process,

who shall serve as mediator, or the mediation is not successful, then either Party may institute a legal

action in the King County Superior Court, situated in Seattle, Washington, unless another venue is

mutually agreed to in writing.

7.7 The Parties agree that they shall have no right to seek relief in a court of law until and unless each

of the above procedural steps has been exhausted.

8. OWNERSHIP AND MAINTENANCE OF COMPLETED IMPROVEMENTS

8.1 Burien and the County will own their respective assets created by the Project in accordance with

Exhibit B to this Agreement. Responsibility for operation and maintenance of those assets will be

provided for in a separate Operations and Maintenance Agreement for the Project that will be negotiated

in good faith between the Parties.

8.2 The Parties agree that Burien ownership of any assets in Exhibit B to this Agreement that are built

by the construction contract administered by the County will transfer to Burien’s ownership upon final

inspection and acceptance by Burien.

8.3 Burien agrees that it will operate and maintain the assets it owns that were constructed as part of

the Project for the useful life of each asset in accordance with Burien’s standard depreciation schedule for

such assets. Should Burien wish to alter, remove, rebuild or otherwise change any of these assets before

the end of their useful life, Burien must first consult with the County to detail the change and work with

the County on ensuring the change will not impact operation of the H Line. If Burien initiates the change,

Burien will be responsible for repayment of any grant funds required by WSDOT.

8.4 The County agrees that it will operate and maintain the assets it owns that were constructed as part

of the Project for the useful life of each asset in accordance with the County’s standard depreciation

schedule for such assets. Should the County wish to alter, remove, rebuild or otherwise change any of

these assets before the end of their useful life, the County must first consult with Burien to detail the

change and work with Burien on permitting for the change. Should the change initiated by the County

affect an asset prior to the end of its useful life, the County will be responsible to Burien for reimbursing

Burien for any repayment of grant funds requested from Burien by WSDOT.

8.5 Should the Parties mutually agree that removal, alteration, reconstruction or other change to one

or more of the constructed assets would benefit H Line operations, the Parties will negotiate and good

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faith the costs for the work each Party will pay and amounts each Party will pay of any repayment of grant

funds requested by WSDOT.

9. TERMINATION

9.1 Termination for Convenience. Either Party may terminate this Agreement upon thirty (30)

calendar days written notice to the other Party. In the event of termination of this Agreement, the Parties

shall be liable only for performance rendered or costs incurred in accordance with the terms of this

Agreement prior to the effective date of termination. If the County terminates the Agreement, pursuant

to this Subsection 9.1, and WSDOT requests that Burien refund any WSDOT Grant funds as a result of

the termination, the County will repay Burien the amount requested by WSDOT.

9.2 Termination for Cause. If either Party does not materially fulfill in a timely and proper manner its

obligations under this Agreement, or if either Party materially violates any of the terms and conditions of

this Agreement, the aggrieved Party will give the other Party written notice of such failure or violation.

The responsible Party will be given the opportunity to initiate a correction of the violation or failure within

fifteen (15) calendar days. If correction of the failure or violation is not initiated within the mutually

agreed upon time, this Agreement may be terminated immediately by written notice of the aggrieved Party

to the other.

9.3 Termination for Non-Appropriation or Loss of Grant Funding. In addition to termination for

default, Burien may terminate this Agreement for non-appropriation or loss of the WSDOT Grant funding

by giving not less than thirty (30) calendar days’ written notice thereof to the County. If Burien terminates

the Agreement due to non-appropriation or loss of the WSDOT Grant funding, and WSDOT requests that

Burien refund any WSDOT Grant funds as a result of the termination, the County will reimburse Burien

all WSDOT Grant funds that Burien is required to repay to WSDOT. In addition, the County will

reimburse Burien any funds paid by Burien to the County for Project work undertaken pursuant to this

Agreement that were not reimbursed by WSDOT.

10. LEGAL RELATIONS

10.1 No Third-Party Beneficiaries. It is understood that this Agreement is solely for the benefit of the

Parties hereto and gives no right to any other person or entity.

10.2 No Partnership or Joint Venture. No joint venture, agent-principal relationship or partnership is

formed as a result of this Agreement.

10.3 Assignment. Neither this Agreement, nor any interest herein, may be assigned by either Party

without the prior written consent of the other Party.

10.4 Independent Capacity. The employees or agents of each Party who are engaged in the performance

of this Agreement shall continue to be employees or agents of that Party and shall not be considered for

any purpose to be employees or agents of the other Party.

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10.5 Applicable Law. This Agreement shall be governed by and construed in accordance with the laws

of the State of Washington.

10.6 Jurisdiction and Venue. The King County Superior Court, situated in Seattle, Washington, shall

have exclusive jurisdiction and venue over any legal action arising under this Agreement.

10.7 Mutual Negotiation and Construction. This Agreement and each of the terms and provisions

hereof shall be deemed to have been explicitly negotiated between, and mutually drafted by, both Parties,

and the language in all parts of this Agreement shall, in all cases, be construed according to its fair meaning

and not strictly for or against either Party.

10.8 Survival. Each of the provisions of this Section 10 (Legal Relations) shall survive the expiration

or any earlier termination of this Agreement.

11. FORCE MAJEURE

Either Party to this Agreement shall be excused from performance of its responsibilities and obligations

under this Agreement, and shall not be liable for damages due to failure to perform, during the time and

to the extent that it is prevented from performing by a cause directly or indirectly beyond its control,

including, but not limited to: late delivery or nonperformance by vendors of materials or supplies; any

incidence of fire, flood, snow, earthquake, or acts of nature; strikes or labor actions; accidents, riots,

insurrection, terrorism, or acts of war; order of any court or civil authority; commandeering material,

products, or facilities by the federal, state or local government; or national fuel shortage; when satisfactory

evidence of such cause is presented to the other Party to this Agreement, and provided that such non-

performance is beyond the control and is not due to the fault or negligence of the Party not performing.

12. INDEMNIFICATION

Both Parties shall protect, defend, indemnify and save harmless each other, their officers, employees, and

agents while acting within the scope of their employment as such, from any and all costs, claims,

judgments, and/or awards of damages, arising out of or in any way resulting from either Party’s negligent

acts or omissions in performing their obligations under this Agreement. The Parties agree that they are

fully responsible for the acts and omissions of their own contractors, subcontractors, employees, and

agents, acting within the scope of their employment as such, as they are for the acts and omissions of its

own employees and agents. The Parties agree that their obligations under this provision extend to any

claim, demand, and/or cause of action brought by or on behalf of any of their employees or agents. The

Parties expressly agree that the Burien shall not be jointly or severally liable for any act by the County, its

agents, contractors (of any tier), employees, or representatives as all design, planning, and work shall be

the responsibility of the County. The foregoing indemnity is specifically and expressly intended to

constitute a waiver of both Parties immunity under Washington’s Industrial Insurance Act, RCW Title 51,

as respects the Parties only, and only to the extent necessary to provide the Parties, their officers,

employees, and agents with a full and complete indemnity of claims made by the Parties employees. The

Parties acknowledge that these provisions were specifically negotiated and agreed upon by them. The

provisions of this Section 10 shall survive the expiration or any earlier termination of this Agreement.

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13. WAIVER

A failure by either Party to exercise its rights under this Agreement shall not preclude that Party from

subsequent exercise of such rights and shall not constitute a waiver of any other rights under this

Agreement unless stated to be such in a writing signed by an authorized representative of the Party and

attached to the original Agreement.

14. RECORDS RETENTION AND AUDIT

During the progress of the work and for a period of not less than six (6) years from the date of final

payment by the County, the Parties will keep available for inspection and audit by the other Party and the

federal government the records pertaining to the Agreement and accounting therefore. Copies of all

records, documents or other data pertaining to performance of the Agreement will be furnished upon

request. If any litigation, claim or audit is commenced related to performance of the Agreement, the

records along with supporting documentation will be retained until all litigation, claims and/or audit

findings have been resolved even though such litigation, claim or audit continues past the six-year

retention period.

All Agreement costs must be documented including copies of invoices and time sheets showing hours

worked and rates, or financial system expense reports documenting these items.

The County, the State Auditor, and any of their duly authorized representatives will have full access to

and right to examine, during normal business hours, all Burien records with respect to all matters covered

by this Agreement. Such representatives will be permitted to audit, examine and make excerpts or

transcripts from such records, and other matters covered by this Agreement. Likewise, Burien, the State

Auditor, and any of their duly authorized representatives will have full access to and right to examine,

during normal business hours, all County records with respect to all matters covered by this Agreement.

15. SEVERABILITY

If any provision of this Agreement or any provision of any document incorporated by reference shall be

held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given

effect without the invalid provision, if such remainder conforms to the requirements of applicable law and

the fundamental purpose of this Agreement, and to this end the provisions of this Agreement are declared

to be severable.

16. AMENDMENTS

This Agreement may be changed, modified, or amended only by written agreement executed by authorized

representatives of both Parties.

17. REPRESENTATION ON AUTHORITY OF SIGNATORIES

The signatories to this Agreement represent that they have the authority to bind their respective organizations

to this Agreement.

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18. ALL TERMS AND CONDITIONS

This Agreement contains all the terms and conditions agreed upon by the Parties. No other

understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist

or to bind any of the Parties hereto.

19. CONTRACT MANAGEMENT

19.1 Notice. Any notice or communication required or permitted to be given pursuant to this Agreement

shall be in writing, and shall be sent postage prepaid by U.S. Mail, return receipt requested, to the contact

persons and addresses identified in Subsection 16.2 of this Agreement unless otherwise indicated by the

Parties in writing. The contact information identified in Subsection 16.2 may be updated by either Party

for their agency only and shall be submitted in writing or electronic mail to the other Party. Any update

to the Contract Managers identified in Subsection 16.2 shall state the effective date of said update.

19.2 Contact Person and Contact Information. The contact persons for the management and

administration of this Agreement are as follows:

Contract Mgr. City of Burien King County

Contact Name Robin Tischmak Jerry Roberson

Title Deputy Public Works Director

City of Burien

Program/Project Manager III

King County

Address 400 SW 152nd St, Suite 300

Burien, WA 98166

201 S. Jackson St.

KSC-TR-0426

Seattle, WA 98104

Telephone 206-439-3164 206-263-0776

E-Mail [email protected] [email protected]

20. EXECUTION OF AGREEMENT

This Agreement may be executed in multiple counterparts, any one of which shall be regarded for all

purposes as an original.

IN WITNESS THEREOF the Parties hereto have executed this Agreement by duly authorized

representatives on the dates shown below their respective signatures.

KING COUNTY CITY OF BURIEN

By: ______________________________ By: _________________________

Terry White Brian Wilson

General Manager City Manager

King County Metro Transit Department City of Burien

Date: ____________________________ Date: _____________________________

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City of Burien

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PTD0170

EXHIBIT A

Washington State Department of Transportation Regional Mobility Grant, Agreement No. PTD0170

WSDOT Contact: Jeff Petterson 360-705-7917

[email protected]

Regional Mobility Grant Program

Construction Grant Agreement

Agreement Number PTD0170 Contractor:

Contact:

City of Burien

400 SW 152nd St, Suite 300 Burien, WA 98166-1917

Brian Wilson 206-248-5514

Term of Project July 1, 2019 through June 30, 2023

Vendor # SWV001802400

CFDA # N/A

DUNS 135822690

Service Area As defined in Scope of Work and Budget

THIS AGREEMENT, entered into by the Washington State Department of Transportation, hereinafter

“WSDOT,” and the Contractor identified above, hereinafter the “CONTRACTOR,” individually the

“PARTY” and collectively the “PARTIES.”

WHEREAS, the State of Washington in its Sessions Laws of 2019, Chapter 416 Section 220 authorizes

funding for Public Transportation Programs and other special proviso funding as identified in the budget

through its 2019-2021 biennial appropriations to WSDOT;

WHEREAS, WSDOT Public Transportation Division administers Regional Mobility Grant Program funds

to provide assistance solely for transportation projects as identified in LEAP Transportation Document

2020-2 ALL PROJECTS as developed on March 11, 2020, Program- Public Transportation Program (V);

and

WHEREAS, the CONTRACTOR has requested funds for the project(s) or program(s) shown under the

heading titled “Funding by Project” (hereinafter known as the “Project(s)”) which has been selected by

WSDOT for funding assistance; and

NOW THEREFORE, in consideration of the terms, conditions, covenants, and performances contained

herein, or attached and incorporated and made a part hereof, IT IS MUTUALLY AGREED AS FOLLOWS:

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PTD0170

Section 1

SCOPE OF WORK AND BUDGET

Current Agreement Costs

Federal Funds $0

19-21 Current State Funds $8,000,000

21-23 Projected State Funds $2,000,000

Total Grant Funds $10,000,000

Contractor's Funds $5,923,835

Total Agreement Cost $15,923,835

Funding by Project

Project A: Ambaum Blvd and H Line Transit Pathway Improvements

UPIN # 20190011

Service Area: King County

Scope of Work: Design, acquire RW, and construct improvements to support RapidRide BRT

service. May include station and bus stop improvements, bus shelters, bus lanes,

pedestrian and bicycle facilities, roadway geometric and traffic signal

improvements.

Funds Current

Percentage 19-21 Current

Funds 21-23 Projected

Funds Total Current

and Projected Funds

State Regional Mobility Funds 63% $ 8,000,000 $ 2,000,000 $ 10,000,000

Contractor's Funds 37% $ 4,739,068 $ 1,184,767 $ 5,923,835

Total Project Cost 100% $ 12,739,068 $ 3,184,767 $ 15,923,835

Budget: Current Funds reflect total funding appropriated by the Washington State Legislature for the Project

in the 2019-2021 biennium. Contractor’s Funds reflect the total commitment over the life of the project.

Project Milestone

Phases Date

Preliminary Engineering Start Date 8/2018

Right of Way Certification (if applicable) 12/2019

Contract Award Date 3/2020

Construction Operationally Complete 9/2021

Note: The Project Milestone table is for planning purposes. While the total funding and match (contractor’s funds) must be

maintained, funding may be moved to different phases as mutually agreed upon by both PARTIES.

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PTD0170

Section 2

Purpose of Agreement

A. The purpose of this AGREEMENT is for WSDOT to provide capital funding to the

CONTRACTOR for the design, acquisition, construction and/or improvements of capital facilities

and infrastructure to be used in the provision of transportation services to persons in the State of

Washington, referred to as the “Project.” Reference to the “Project” shall include all such capital

facilities, infrastructure and/or associated equipment (Project Equipment) designed, acquired,

constructed, improved or installed under this AGREEMENT.

B. On projects where WSDOT is providing only state funds and the contractor is using funds

received directly from the federal government as their share or part thereof on the project, the

contractor must assume full responsibility for complying with all federal rules and regulations. If the

contractor is found in non-compliance with federal rules and regulations, the contractor shall provide

a written notification to WSDOT supplying details related to the non-compliance. Both PARTIES will

analyze and determine the impact on the scope, schedule, and funding of the project. Remedies

required up to and including return of funds will be identified to ensure the project’s scope of work

is met as intended.

Section 3

Scope of Project

The CONTRACTOR agrees to perform the work and complete the Project as described and detailed in Section 1 - SCOPE OF WORK AND BUDGET, which is by this reference fully incorporated herein as if fully set out in this AGREEMENT, and to perform the Project within the area described in the caption space header titled “Service Area” in accordance with the terms and conditions of this AGREEMENT. The caption space header titled “Service Area” and all caption space headers are by this reference incorporated herein as if fully set out in this AGREEMENT.

Section 4

General Compliance Assurance

The CONTRACTOR agrees to comply with all instructions as prescribed in the Regional Mobility

Grants Program Guidebook, and any amendments thereto, found at https://www.wsdot.wa.gov/transit/grants/manage#Regional%20Mobility, which by this reference is incorporated herein as if fully set forth in this AGREEMENT. The CONTRACTOR agrees that WSDOT, and/or any authorized WSDOT representative, shall have not only the right to monitor the compliance of the CONTRACTOR with respect to the provisions of this AGREEMENT but also have the right to seek judicial enforcement with regard to any matter arising under this AGREEMENT.

Section 5

Term of Project

The Project period of this AGREEMENT shall commence and terminate on the dates shown in the caption space header titled “Term of Project” regardless of the date of execution of this AGREEMENT, unless terminated as provided herein. The caption space header titled “Term of Project” and all caption space headers above are by this reference incorporated herein into the AGREEMENT as if fully set forth in the AGREEMENT.

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PTD0170

Section 6

State Review of Project

WSDOT shall review the project identified in this AGREEMENT as Section 1 - SCOPE OF WORK AND BUDGET, at least semiannually to determine whether the Project is making satisfactory progress. If WSDOT has awarded funds, but the CONTRACTOR does not report satisfactory activity within one (1) year of the initial grant award, WSDOT shall review the Project to determine whether the grant should be terminated as provided in Section 34, Termination.

Section 7

Project Costs and Minimum Contractor’s Match Requirement

A. The reimbursable costs of the Project shall not exceed the amounts detailed in the caption space

header titled “Project Costs.” The CONTRACTOR agrees to expend eligible funds, together with

other funds allocated for the Project, in an amount sufficient to complete the Project as detailed in

Section 1 - SCOPE OF WORK AND BUDGET. If at any time the CONTRACTOR becomes aware

that the cost which it expects to incur in the performance of this AGREEMENT will exceed or be

less than the amount identified as “Total Project Cost” in the caption space header titled “Project

Costs,” the CONTRACTOR shall notify WSDOT in writing within thirty (30) calendar days of making

that determination.

B. The CONTRACTOR is required to provide a minimum match of funds for the Project as identified

in the caption space header titled “Project Costs” in the amount indicated as “Contractor Funds.”

Any reduction in match will result in a proportional reduction in grant funds.

Section 8

Inspection of the Project

The CONTRACTOR shall inspect Project Equipment purchased pursuant to this AGREEMENT at the time of delivery to the CONTRACTOR. The CONTRACTOR has 15 calendar days from delivery to either accept or reject the Project Equipment. If rejected, the CONTRACTOR shall provide a written notice specifying the Project Equipment deficiencies to its vendor and WSDOT, allowing the

vendor a reasonable amount of time to cure the deficiencies or defect. Upon receipt and acceptance of Project Equipment, the CONTRACTOR agrees that it has fully inspected the Project Equipment and accepts it as suitable for the purpose under this AGREEMENT, as being in good condition and state of good repair, and that the CONTRACTOR is satisfied with the Project Equipment and that the Project Equipment complies with all regulations, rules, and laws. Payment to the vendor must occur within thirty days of the Project Equipment acceptance.

Section 9

Use of Park and Ride Facilities

In order to be eligible to receive a Regional Mobility grant, a transit agency must establish a process for private transportation providers to apply for the use of park and ride facilities.

Tier and Consolidated Grant funded projects are explicitly excluded from the provisions of Section 9-Use of Park and Ride Facilities.

Section 10

Miscellaneous Charges and Conditions

The CONTRACTOR shall pay and be solely responsible for all storage charges, parking charges, late fees, and fines, as well as any fees and taxes, except applicable state sales or use tax, which

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PTD0170

may be imposed with respect to the Project by a duly constituted governmental authority as the result of the CONTRACTOR’s use or intended use of the Project. All replacements, repairs, or substitutions of parts or Project Equipment shall be at the cost and expense of the CONTRACTOR.

Section 11

Payment

A. State and/or federal funds shall be used to reimburse the CONTRACTOR for allowable

expenses incurred in completing the Project as described in Section 1 - SCOPE OF WORK AND

BUDGET. Allowable Project expenses shall be determined by WSDOT as described in WSDOT’s

Regional Mobility Grants Program Guidebook, and any amendments thereto, found at

https://www.wsdot.wa.gov/transit/grants/manage#Regional%20Mobility. In no event shall the total

amount reimbursed by WSDOT exceed “State Funds” and/or “Federal Funds” identified in the

caption space header titled “Project Costs,” above.

B. Payment will be made by WSDOT on a reimbursable basis for actual net Project costs incurred

within the timeframe in the caption space titled “Term of Project.” Such costs to be reimbursed shall

be calculated as described in WSDOT’s Regional Mobility Grants Program Guidebook, and any

amendments thereto. WSDOT shall make no payments for costs incurred prior to the beginning or

after the end date of the “Term of the Project” as set forth in the caption space header above. The

CONTRACTOR shall submit an invoice detailing and supporting the costs incurred. Such invoices

may be submitted no more than once a month and no less than once per quarter. If approved by

WSDOT, said invoices shall be paid by WSDOT within thirty (30) days of submission to WSDOT.

Payment is subject to the submission to and approval by WSDOT of appropriate invoices, reports,

and financial summaries. Any financial summaries submitted to WSDOT must include a record of

the actual costs.

C. The CONTRACTOR shall submit an invoice for completed work in the same state fiscal period,

as defined in RCW 43.88, starting on July 1 and ending on June 30 the following year within the

timeframe set forth in the caption space header of this AGREEMENT entitled “Term of Project”

during which the work was performed. Reimbursement requests must be received by July 15 of

each state fiscal period. If the CONTRACTOR is unable to provide an invoice by this date, the

CONTRACTOR shall provide an estimate of the charges to be billed so WSDOT may accrue the

expenditures in the proper fiscal period. Any subsequent reimbursement request submitted will be

limited to the amount accrued as set forth in this section. Any payment request received after the

timeframe prescribed above will not be eligible for reimbursement.

Section 12

Assignments, Subcontracts, and Leases

A. Unless otherwise authorized in advance in writing by WSDOT, the CONTRACTOR shall not

assign any completed Project facilities and/or infrastructure under this AGREEMENT, or execute

any contract, amendment, or change order thereto pertaining to the Project or obligate itself in any

manner with any third party with respect to its rights and responsibilities under this AGREEMENT

or lease or lend the Project or any part thereof to be used by anyone not under the CONTRACTOR’s

direct supervision.

B. The CONTRACTOR agrees to include Section 4, Sections 12 through 26 and Section 30,

Section 33 and Section 34 of this AGREEMENT in each subcontract and in all contracts it enters

into for the employment of any individuals, procurement of any materials, or the performance of any

work to be accomplished under this AGREEMENT. The PARTIES further agree that those clauses

shall not be modified, except to identify the subcontractor or other person or entity that will be subject

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to its provisions. In addition, the following provision shall be included in an advertisement or

invitation to bid for any procurement by the CONTRACTOR under this AGREEMENT:

Statement of Financial Assistance:

“This AGREEMENT is subject to the appropriations of the State of Washington.”

Section 13

Reports and Project Use

A. The CONTRACTOR agrees that the Project shall be used for the provision of transportation

services within the area indicated in Section 1 - SCOPE OF WORK AND BUDGET for the term of

the Project’s plus four years after the project is complete, as set forth in WSDOT’s Regional Mobility

Grants Program Guidebook, and any amendments thereto. The CONTRACTOR further agrees that

it will not use or permit the use of the Project in a negligent manner or in violation of any law, or so

as to avoid any insurance covering the same, or permit the Project to become subject to any lien,

charge, or encumbrance. Should the CONTRACTOR unreasonably delay or fail to use the Project

during the project term and reporting period, the CONTRACTOR agrees that it may be required to

refund up to the entire amount of the “State and/or Federal Funds” expended on the Project. The

CONTRACTOR shall immediately notify WSDOT when any Project facilities and/or infrastructure is

withdrawn from Project use or when the Project or any part thereof is used in a manner substantially

different from that identified in Section 1 - SCOPE OF WORK AND BUDGET. If the Project is

permanently removed from transportation services, the CONTRACTOR agrees to immediately

notify WSDOT of its intentions regarding the disposal of the Project or any part of the Project thereof.

B. Reports. The CONTRACTOR shall submit quarterly reports to WSDOT for the Term of Project,

regarding the progress of the Project. If this is a Regional Mobility or Transit project (TIER), annual

performance reports for four calendar years after the project is operationally complete, as prescribed

in WSDOT’s Regional Mobility Grants Program Guidebook, and any amendments thereto, or as

WSDOT may require, including, but not limited to, interim and annual reports. The CONTRACTOR

shall keep satisfactory written records with regard to the use of Project and shall submit the following

reports to, and in a form and at such times prescribed by WSDOT as set forth in WSDOT’s

Washington State Guide to Managing Your Public Transportation Grant, and/or WSDOT’s Regional

Mobility Grants Program Guidebook, and any subsequent amendments thereto:

1. A draft Performance Measurement Plan (PMP) must be submitted to WSDOT before

submitting the first reimbursement request. If the contractor does not submit a PMP and is

nonresponsive to requests from WSDOT for improvements and information, the contractor may be

deemed out of compliance.

2. An Annual Performance Report that includes a summary of overall project performance

and supporting data.

3. Reports describing the current usage of the Project and other data which WSDOT may

request from the CONTRACTOR by memos, e-mails or telephone requests.

4. In the event any portion of the Project sustains disabling damage, the CONTRACTOR

shall notify WSDOT immediately after occasion of the damage, including the circumstances thereof.

5. The CONTRACTOR shall collect and submit to WSDOT, at such time as WSDOT may

require, such financial statements, data, records, contracts, and other documents related to the

Project as may be deemed necessary by WSDOT

C. Remedies for Misuse or Noncompliance. The CONTRACTOR shall not use the Project or

any part thereof in a manner different from that described in Section 1 - SCOPE OF WORK AND

BUDGET, as set forth in Section 3 of the AGREEMENT. If WSDOT determines that the Project has

been used in a manner different from Section 1 - SCOPE OF WORK AND BUDGET, WSDOT may

direct the CONTRACTOR to repay WSDOT the State funded share of the “Project Costs.” WSDOT

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may also withhold payments should it determine that the CONTRACTOR has failed to comply with

any provision of this AGREEMENT.

Section 14

Maintenance of the Project

The CONTRACTOR shall make all necessary repairs and reasonably maintain the Project to assure it remains in good and operational condition until the end of its useful life. The useful life of the constructed project is determined based on the Architectural/Engineering requirements for each type of structure, materials used, industry standards, and other federal and/or state standards and specifications. For Regional Mobility Projects, the useful life of a project is indicated in the “Financial Plan Table” of the original Regional Mobility Grant Application. All service, materials, and repairs in connection with the use and operation of the Project during its useful life shall be at the CONTRACTOR’s expense. CONTRACTORS who are transit agencies must also have a Transit Asset Management Plan certified by WSDOT that details the transit agency’s plan to maintain the Project. All other CONTRACTORS must submit a written Maintenance Plan to WSDOT for approval prior to the occupation and/or operations of the Project. The CONTRACTOR agrees, at a minimum, to maintain the Project and service or replace parts at intervals recommended in the manuals and/or instructions provided by the subcontractors and/or component manufacturers, or sooner if needed. The CONTRACTOR shall have the Project routinely inspected and shall make arrangements for any appropriate service and repair under the manufacturer’s warranty. WSDOT shall not be liable for repairs. The CONTRACTOR shall retain records of all maintenance and parts replacement performed on the Project in accordance with Section 22, Audits, Inspection, and Retention of Records. The CONTRACTOR shall provide copies of such records to WSDOT, upon request.

Section 15

Compliance with State Design Standards

The CONTRACTOR agrees the Project design must comply with all Washington State Standard

Specifications for Road, Bridge, and Municipal Construction

(www.wsdot.wa.gov/Publications/Manuals/M41-10.htm), and any revisions thereto. Projects that wish to use design standards that differ from state standards must submit a request to WSDOT’s Public Transportation Division and obtain documented approval before design work commences.

Section 16

No Obligation by the State Government

No contract between the CONTRACTOR and its subcontractors shall create any obligation or liability of WSDOT with regard to this AGREEMENT without WSDOT’s specific written consent, notwithstanding its concurrence in, or approval of, the award of any contract or subcontract or the solicitations thereof and the CONTRACTOR hereby agrees to include this provision in all contracts it enters into for the design, acquisition, and construction of facilities and/or infrastructure related to the Project, or the performance of any work to be accomplished under this AGREEMENT.

Section 17

Ethics

A. Relationships with Employees and Officers of WSDOT. The CONTRACTOR shall not

extend any loan, gratuity or gift of money in any form whatsoever to any employee or officer of

WSDOT, nor shall the CONTRACTOR rent or purchase any Project equipment and materials from

any employee or officer of WSDOT.

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B. Employment of Former WSDOT Employees. The CONTRACTOR hereby warrants that it

shall not engage on a full, part-time, or other basis during the period of this AGREEMENT, any

professional or technical personnel who are, or have been, at any time during the period of this

AGREEMENT, in the employ of WSDOT without written consent of WSDOT.

Section 18

Compliance with Laws and Regulations

The CONTRACTOR agrees to abide by all applicable state and federal laws and regulations including but not limited to, those concerning employment, equal opportunity employment, nondiscrimination assurances, project record keeping necessary to evidence compliance with such federal and state laws and regulations, and retention of all such records. The CONTRACTOR will adhere to all nondiscrimination provisions in Chapter 49.60 RCW. Except when a federal statute or regulation pre-empts state or, local law, no provision of this AGREEMENT shall require the CONTRACTOR to observe or enforce compliance with any provision, perform any other act, or do any other thing in contravention of state or local law. Thus, if any provision or compliance with any provision of this AGREEMENT violates state, or local law, or would require the CONTRACTOR to violate state or local law, the CONTRACTOR agrees to notify WSDOT immediately in writing. Should this occur, WSDOT and the CONTRACTOR agree to make appropriate arrangements to proceed with or, if necessary, expeditiously, terminate the Project.

Section 19

Labor Provisions

Overtime Requirements. No CONTRACTOR or subcontractor contracting for any part of the Project work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty (40) hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty (40) hours in such workweek. CONTRACTOR will comply with Title 49 RCW, Labor Regulations.

Section 20

Environmental Requirements and Archeological Preservation

The CONTRACTOR agrees to comply with all applicable requirements of chapter 43.21C RCW “State Environmental Policy Act” (SEPA). The CONTRACTOR also agrees to comply with all applicable requirements of Executive Order 05-05, Archeological and Cultural Resources, for all capital construction projects or land acquisitions for the purpose of a capital construction project, not undergoing Section 106 review under the National Historic Preservation Act of 1966 (Section 106).

Section 21

Accounting Records

A. Project Accounts. The CONTRACTOR agrees to establish and maintain for the Project either a separate set of accounts or separate accounts within the framework of an established accounting system that can be identified with the Project. The CONTRACTOR agrees that all checks, payrolls,

invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the Project shall be clearly identified, readily accessible and available to WSDOT upon request, and, to the extent feasible, kept separate from documents not pertaining to the Project.

B. Documentation of Project Costs and Program Income. The CONTRACTOR agrees to

support all allowable costs charged to the Project, including any approved services contributed by

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the CONTRACTOR or others, with properly executed payrolls, time records, invoices, contracts, or

vouchers describing in detail the nature and propriety of the charges. The CONTRACTOR also

agrees to maintain accurate records of all program income derived from implementing the Project.

Section 22

Audits, Inspection, and Retention of Records

A. Submission of Proceedings, Contracts, Agreements, and Other Documents. During the

term of the Project and for six (6) years thereafter, the CONTRACTOR agrees to retain intact and

to provide any data, documents, reports, records, contracts, and supporting materials relating to the

Project as WSDOT may require. Project closeout does not alter these recording and recordkeeping

requirements. Should an audit, enforcement, or litigation process be commenced, but not

completed, during the aforementioned six (6) year period then the CONTRACTOR’s obligations

hereunder shall be extended until the conclusion of that pending audit, enforcement, or litigation

process.

B. General Audit Requirements. The CONTRACTOR agrees to obtain any other audits required

by WSDOT at CONTRACTOR’s expense. Project closeout will not alter the CONTRACTOR’s audit responsibilities.

C. Inspection. The CONTRACTOR agrees to permit WSDOT, and the State Auditor, or their

authorized representatives, to inspect all Project work materials, payrolls, maintenance records, and

other data, and to audit the books, records, and accounts of the CONTRACTOR and its contractors

pertaining to the Project. The CONTRACTOR agrees to require each third party contractor to permit

WSDOT, the State Auditor, or their duly authorized representatives, to inspect all work, materials,

payrolls, maintenance records, and other data and records involving that third party contract, and

to audit the books, records, and accounts involving that third party contract as it affects the Project.

Section 23

Permitting

The CONTRACTOR agrees to be solely responsible for all required Federal, State and/or local permitting as related to the Project.

Section 24

Loss or Damage to the Project

A. The CONTRACTOR, at its own expense, shall cover any loss, theft, damage, or destruction of

the Project’s facilities, associated equipment and/or infrastructure using either of the following

methods:

1. The CONTRACTOR shall maintain property insurance for facilities, associated

equipment and/or infrastructure adequate to cover the value of the Project; the CONTRACTOR shall

supply a copy of the Certificate of Insurance specifying such coverage to WSDOT with the first

request for reimbursement, and supply proof of renewal annually thereafter; or

2. The CONTRACTOR shall certify that it has self-insurance and provide a written

certificate of self-insurance to WSDOT with the first request for reimbursement, and annually

thereafter. The CONTRACTOR will cover from its own resources the costs of repairing or replacing

any Project facilities, associated equipment and/or infrastructure, if it is stolen, damaged, or

destroyed in any manner.

B. If the damage to the Project does not result in a total loss, payments for damage shall be paid

directly to the CONTRACTOR. The CONTRACTOR shall, within thirty (30) days, either:

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3. Devote all of the insurance proceeds received to repair the Project and place it back in

service, and the CONTRACTOR shall, at its own expense, pay any portion of the cost of repair

which is not covered by insurance; or

4. In the event the CONTRACTOR certified to self- insurance, devote all funds necessary

to repair the Project and place it back into service.

C. If the Project is a total loss, either by theft or damage, the insurance proceeds or equivalent shall

be paid directly to the CONTRACTOR and within fifteen (15) days the CONTRACTOR shall pay

WSDOT its proportionate funded share of such proceeds received. The CONTRACTOR shall within

sixty (60) days of loss, theft, or damage, notify WSDOT that it either:

1. Intends to replace lost Project facilities, associated equipment and/or infrastructure; or

2. Does not intend to replace the lost Project facilities, associated equipment and/or

infrastructure.

D. If the CONTRACTOR intends to replace the Project facilities, associated equipment and/or infrastructure then WSDOT will reimburse the CONTRACTOR upon receipt of an approved invoice, funds up to the amount WSDOT received in insurance proceeds.

E. Coverage, if obtained or provided by the CONTRACTOR in compliance with this section, shall not be deemed as having relieved the CONTRACTOR of any liability in excess of such coverage as required by the limitation of liability section of this AGREEMENT, or otherwise.

Section 25

Liens on the Project

WSDOT shall be listed as the legal owner on titles and hold titles for all vehicles the CONTRACTOR acquires using federal funds through WSDOT’s grant program. WSDOT will have legal ownership to any non-vehicle Project Equipment the CONTRACTOR acquires or modifies using the “Federal and/or State Funds” identified in the caption space of this AGREEMENT titled “Project Costs”. When the Contractor acquires vehicles using state funds provided through WSDOT’s grant program, WSDOT may within its discretion, allow the CONTRACTOR to be listed as the legal owner and hold title. In all cases, WSDOT will maintain a copy of titles for all funded vehicles under this agreement and oversight responsibility on those vehicles through their minimum useful life.

The CONTRACTOR accepts WSDOT’s legal title to the Project and any portion thereof during its useful life as set forth in this Section and agrees that it shall not use the Project or any portion thereof as collateral, nor shall the CONTRACTOR encumber the Project in any way. The CONTRACTOR shall follow the terms stated in Section 12A regarding use and disposal of the Project and/or any portion thereof. WSDOT’s lien shall equal the proportional Federal and/or State funded share, as identified in this AGREEMENT, of the disposable value of the Project and any portion thereof. Satisfaction of WSDOT’s lien may be satisfied only by proper disposal of the Project and any portion thereof in a manner determined by WSDOT.

Section 26

Limitation of Liability

A. The CONTRACTOR shall indemnify and hold WSDOT, its agents, employees, and officers

harmless from and process and defend at its own expense any and all claims, demands, suits at

law or equity, actions, penalties, losses, damages, or costs (hereinafter referred to collectively as

“claims”), of whatsoever kind or nature brought against WSDOT arising out of, in connection with or

incident to this AGREEMENT and/or the CONTRACTOR’s performance or failure to perform any

aspect of this AGREEMENT. This indemnity provision applies to all claims against WSDOT, its

agents, employees and officers arising out of, in connection with or incident to the negligent acts or

omissions of the CONTRACTOR, its agents, employees, officers and subcontractors. Provided,

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however, that nothing herein shall require the CONTRACTOR to indemnify and hold harmless or

defend the WSDOT, its agents, employees or officers to the extent that claims are caused by the

negligent acts or omissions of the WSDOT, its agents, employees or officers; and provided further

that if such claims result from the concurrent negligence of (a) the CONTRACTOR its employees,

agents, officers or contractors and (b) the STATE, its employees or authorized agents, or involves

those actions covered by RCW 4.24.115, the indemnity provisions provided herein shall be valid

and enforceable only to the extent of the negligence of the CONTRACTOR, its employees, officers,

authorized agents, and/or contractors. The indemnification and hold harmless provision shall

survive termination of this AGREEMENT.

B. The CONTRACTOR shall be deemed an independent contractor for all purposes, and the

employees of the CONTRACTOR or its subcontractors and the employees thereof, shall not in any

manner be deemed to be employees of WSDOT.

C. The CONTRACTOR specifically assumes potential liability for actions brought by

CONTRACTOR’s employees and/or subcontractors and solely for the purposes of this

indemnification and defense, the CONTRACTOR specifically and expressly waives any immunity

under the State Industrial Insurance Law, Title 51 Revised Code of Washington. This waiver of

immunity has been mutually negotiated by the PARTIES.

D. In the event either the CONTRACTOR or WSDOT incurs attorney’s fees, costs or other legal

expenses to enforce the provisions of this section of this AGREEMENT against the other PARTY,

all such fees, costs and expenses shall be recoverable by the prevailing PARTY.

Section 27

Personal Liability of Public Officers

No officer or employee of WSDOT shall be personally liable for any acts or failure to act in connection with this AGREEMENT, it being understood that in such matters he or she is acting solely as an agent of WSDOT.

Section 28

WSDOT Advice

The CONTRACTOR bears complete responsibility for the administration and success of the Project as it is defined by this AGREEMENT and any amendments thereto. If the CONTRACTOR solicits advice from WSDOT on problems that may arise, the offering of WSDOT advice shall not shift the responsibility of the CONTRACTOR for the correct administration and success of the Project, and WSDOT shall not be held liable for offering advice to the CONTRACTOR.

Section 29

Forbearance by WSDOT Not a Waiver

Any forbearance by WSDOT in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy.

Section 30

Lack of Waiver

In no event shall any WSDOT payment of funds to the CONTRACTOR constitute or be construed as a waiver by WSDOT of any CONTRACTOR breach, or default. Such payment shall in no way impair or prejudice any right or remedy available to WSDOT with respect to any breach or default

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Section 31

Changed Conditions Affecting Performance

The CONTRACTOR hereby agrees to immediately notify WSDOT of any change in conditions or law, or of any other event, which may affect its ability to perform the Project in accordance with the provisions of this AGREEMENT.

Section 32

Agreement Modifications

Either PARTY may request changes to this AGREEMENT. Any changes to the terms of this AGREEMENT must be mutually agreed upon and incorporated by written amendment to this AGREEMENT. Such written amendment to this AGREEMENT shall not be binding or valid unless signed by the persons authorized to bind each of the PARTIES. Provided, however, that changes to the federal award identification number, DUNS, project title, federal ID number, CFDA number, milestones, UPIN the contact person of either PARTY, or dollar amount changes that do not affect the project total cost, will not require a written amendment, but will be approved and documented by WSDOT through an administrative revision. WSDOT shall notify the CONTRACTOR of the revision in writing.

Section 33

Disputes

A. Disputes. Disputes, arising in the performance of this AGREEMENT, which are not resolved

by agreement of the PARTIES, shall be decided in writing by the WSDOT Public Transportation

Division’s Assistant Director or designee. This decision shall be final and conclusive unless within

ten (10) days from the date of CONTRACTOR’S receipt of WSDOT’s written decision, the

CONTRACTOR mails or otherwise furnishes a written appeal to the Director of the Public

Transportation Division or the Director’s designee. The CONTRACTOR’s appeal shall be decided

in writing by the Director of the Public Transportation Division within thirty (30) days of receipt of the

appeal by the Director of the Public Transportation Division or the Director’s designee. The decision

shall be binding upon the CONTRACTOR and the CONTRACTOR shall abide by the decision.

B. Performance During Dispute. Unless otherwise directed by WSDOT, CONTRACTOR shall

continue performance under this AGREEMENT while matters in dispute are being resolved.

C. Claims for Damages. Should either PARTY to this AGREEMENT suffer injury or damage to

person, property, or right because of any act or omission of the other PARTY or any of that PARTY’s

employees, agents or others for whose acts it is legally liable, a claim for damages therefore shall

be made in writing to such other PARTY within thirty (30) days after the first observance of such

injury or damage.

D. Rights and Remedies. All remedies provided in this AGREEMENT are distinct and cumulative

to any other right or remedy under this document or afforded by law or equity, and may be exercised

independently, concurrently, or successively and shall not be construed to be a limitation of any

duties, obligations, rights and remedies of the PARTIES hereto. No action or failure to act by the

WSDOT or CONTRACTOR shall constitute a waiver of any right or duty afforded any of them under

this AGREEMENT, nor shall any such action or failure to act constitute an approval of or

acquiescence in any breach thereunder, except as may be specifically agreed in writing.

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Section 34

Termination

A. Termination for Convenience. WSDOT and/or the CONTRACTOR may suspend or terminate

this AGREEMENT, in whole or in part, and all or any part of the financial assistance provided herein,

at any time by written notice to the other PARTY. WSDOT and the CONTRACTOR shall agree

upon the AGREEMENT termination provisions including but not limited to the settlement terms,

conditions, and in the case of partial termination the portion to be terminated. Written notification

must set forth the reasons for such termination, the effective date, and in case of a partial termination

the portion to be terminated. However, if, in the case of partial termination, WSDOT determines that

the remaining portion of the award will not accomplish the purposes for which the award was made,

WSDOT may terminate the award in its entirety. PARTIES may terminate this AGREEMENT for

convenience for reasons including, but not limited to, the following:

1. The requisite funding becomes unavailable through failure of appropriation or otherwise;

2. WSDOT determines, in its sole discretion, that the continuation of the Project would not

produce beneficial results commensurate with the further expenditure of funds;

3. The CONTRACTOR is prevented from proceeding with the Project as a direct result of

an Executive Order of the President with respect to the prosecution of war or in the interest of

national defense; or an Executive Order of the President or Governor of the State with respect to

the preservation of energy resources;

4. The CONTRACTOR is prevented from proceeding with the Project by reason of a

temporary preliminary, special, or permanent restraining order or injunction of a court of competent

jurisdiction where the issuance of such order or injunction is primarily caused by the acts or

omissions of persons or agencies other than the CONTRACTOR; or

5. The State Government or WSDOT determines that the purposes of the statute

authorizing the Project would not be adequately served by the continuation of financial assistance

for the Project.

6. In the case of termination for convenience under subsections A.1-5 above, WSDOT shall

reimburse the CONTRACTOR for all costs payable under this AGREEMENT that the

CONTRACTOR properly incurred prior to termination. The CONTRACTOR shall promptly submit

its claim for reimbursement to WSDOT. If the CONTRACTOR has any property in its possession

belonging to WSDOT, the CONTRACTOR will account for the same, and dispose of it in the manner

WSDOT directs.

B. Termination for Default. WSDOT may suspend or terminate this AGREEMENT for default, in

whole or in part, and all or any part of the financial assistance provided herein, at any time by written

notice to the CONTRACTOR, if the CONTRACTOR materially breaches or fails to perform any of

the requirements of this AGREEMENT, including:

1. Take any action pertaining to this AGREEMENT without the approval of WSDOT, which

under the procedures of this AGREEMENT would have required the approval of WSDOT;

2. Jeopardizes its ability to perform pursuant to this AGREEMENT, United States of

America laws, Washington state laws, or local governmental laws under which the CONTRACTOR

operates;

3. Failure to perform the Project or any part thereof including, but not limited to:

a) Failure to build the Project according to the design specifications and all building code

required standards;

b) Failure to remedy all defects in the performance of the Project and correct all faulty

workmanship by the CONTRACTOR or its subcontractors in a timely manner;

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c) Failure to take any action which could affect the ability of the Project to perform its

designated function or takes any action which could shorten its useful life for Project use or

otherwise; or

d) Failure to make reasonable and appropriate use of the Project real property, facilities,

equipment and/or infrastructure.

4. Fails to make reasonable progress on the Project or other violation of this AGREEMENT

that endangers substantial performance of the Project; or

5. Fails to perform in the manner called for in this AGREEMENT, or fails, to comply with or,

is in violation of, any provision of this AGREEMENT. WSDOT shall serve a notice of termination on

the CONTRACTOR setting forth the manner in which the CONTRACTOR is in default hereunder.

If it is later determined by WSDOT that the CONTRACTOR had an excusable reason for not

performing, such as events which are not the fault of or are beyond the control of the

CONTRACTOR, such as a strike, fire or flood, WSDOT may: a) allow the CONTRACTOR to

continue work after setting up a new delivery of performance schedule, or b) treat the termination

as a termination for convenience.

C. WSDOT, in its sole discretion may, in the case of a termination for breach or default, allow the

CONTRACTOR ten (10) business days, or such longer period as determined by WSDOT, in which

to cure the defect. In such case, the notice of termination will state the time period in which cure is

permitted and other appropriate conditions. If the CONTRACTOR fails to remedy to WSDOT's

satisfaction the breach or default within the timeframe and under the conditions set forth in the notice

of termination, WSDOT shall have the right to terminate this AGREEMENT without any further

obligation to CONTRACTOR. Any such termination for default shall not in any way operate to

preclude WSDOT from also pursuing all available remedies against CONTRACTOR and its sureties

for said breach or default.

D. In the event that WSDOT elects to waive its remedies for any breach by CONTRACTOR of any

covenant, term or condition of this AGREEMENT, such waiver by WSDOT shall not limit WSDOT's

remedies for any succeeding breach of that or of any other term, covenant, or condition of this

AGREEMENT.

Section 35

Venue and Process

In the event that either PARTY deems it necessary to institute legal action or proceedings to enforce any right or obligation under this AGREEMENT, the PARTIES hereto agree that any such action shall be initiated in the Superior Court of the State of Washington situated in Thurston County. The PARTIES agree that the laws of the State of Washington shall apply.

Section 36

Changed Conditions Affecting Performance

The CONTRACTOR hereby agrees to immediately notify WSDOT in writing of any change in conditions or law, or of any other event, including any current or prospective dispute, which may adversely affect WSDOT’s interest in the Project or affect CONTRACTOR’s ability to perform the Project in accordance with the provisions of this AGREEMENT.

Section 37

Subrogation

A. Prior to Subrogation. WSDOT may require the CONTRACTOR to take such action as may be

necessary or appropriate to preserve the CONTRACTOR’s right to recover damages from any

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person or organization alleged to be legally responsible for injury to the Project or other property in

which WSDOT has a financial interest.

B. Subrogation. WSDOT may require the CONTRACTOR to assign to WSDOT all right of

recovery against any person or organization for loss, to the extent of WSDOT’s loss. Upon

assignment, the CONTRACTOR shall execute, deliver, and do whatever else necessary to secure

WSDOT’s rights. The CONTRACTOR shall do nothing after any loss to prejudice the rights of

WSDOT.

C. Duties of the Contractor. If WSDOT has exercised its right of subrogation, the CONTRACTOR

shall cooperate with WSDOT and, upon WSDOT’s request, assist in the prosecution of suits and

enforce any right against any person or organization who may be liable to WSDOT due to damage

to the Project. The CONTRACTOR shall attend hearings and trials as requested by WSDOT, assist

in securing and giving evidence as requested by WSDOT, and obtain the attendance of witnesses

as requested by WSDOT.

Section 38

Severability

If any covenant or provision of this AGREEMENT shall be adjudged void, such adjudication shall not affect the validity or obligation of performance of any other covenant or provision, or any part thereof, which in itself is valid if such remainder conforms to the terms and requirements of applicable law and the intent of this AGREEMENT. No controversy concerning any covenant or provision shall delay the performance of any other covenant or provision except as herein allowed.

Section 39

Counterparts

This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. The CONTRACTOR does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements and their supporting materials contained and/or mentioned herein and does hereby accept WSDOT’s grant and agrees to all terms and conditions thereof.

Section 40

Complete Agreement

This document contains all covenants, stipulations, and provisions agreed upon by WSDOT. No agent or representative of WSDOT has authority to make, and WSDOT shall not be bound by or be liable for, any statement, representation, promise or agreement not set forth herein or made by written amendment hereto.

Section 41

Order of Precedence

Any conflict or inconsistency in this AGREEMENT and its attachments will be resolved by giving documents precedence in the following order:

1. Federal Law

2. Exhibit II, Federal Provisions, if applicable

3. This AGREEMENT

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Section 42

Agreement Close Out

The CONTRACTOR shall notify WSDOT if the AGREEMENT is completed prior to the end date set forth in the caption header, “Term of Project” by written notification and in its capital Quarterly Progress Report, as referenced in WSDOT’s Consolidated Grants Program Guidebook, and any

amendments thereto, or the Regional Mobility Grants Program Guidebook, and any amendments thereto, whichever is applicable, for the quarter, in which the project is completed. WSDOT will prepare an amendment to modify the AGREEMENT to reflect the actual amount spent and the project completion date. WSDOT will send a close out letter to the CONTRACTOR.

Section 43

Execution

This AGREEMENT is executed by the Director, Public Transportation Division, State of Washington, Department of Transportation or the Director’s designee, not as an individual incurring personal obligation and liability, but solely by, for and on behalf of the State of Washington, Department of Transportation, in the capacity as Director, Public Transportation Division, or as a designee.

Section 44

Binding Agreement

The undersigned acknowledge that they are authorized to execute this AGREEMENT and bind their respective agency(ies) and/or entity(ies) to the obligations set forth herein.

Page 30 of 33

Agenda Item #8.b)

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________________________________________

Exhibit B – List of Project Assets



Page 1 of 2

Page 31 of 33

Agenda Item #8.b)

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________________________________________

Exhibit B – List of Project Assets



Page 2 of 2

EXHIBIT B

List of Project Assets

ASSET TYPE ASSET ASSET OWNER

Speed and Reliability

BU1-16th Ave SW from SW 112th St to SW 116th St and SW 116th

Burien

Passenger Facilities BU2-SB and NB stations at 16th Ave SW and SW 116th St including related connection

Metro

Access to Transit BU3-Ambaum Blvd SW from SW 116th St to SW 122nd Street Roadway improvements

Burien

Passenger Facilities BU4-NB and SB Stations at Ambaum Blvd SW and SW 122nd St

Metro


BU5-Ambaum Blvd SW from south of SW 126th St to SW 130th St roadway widening and intersection improvements at 128th

Burien

Passenger Facilities BU6-NB and SB stations at Ambaum Blvd SW and SW 128th St

Metro


BU7-Ambaum Blvd striping, signal and related improvements from SW 130th St to SW 150th St including pavement replacement at SW 150th

Burien

Access to Transit BU8-Ambaum Blvd median crossing improvements - at SW 132nd, SW 134th (added after 60%), 139th, 142nd

Burien

Passenger Facilities BU9-SB and NB stations at Ambaum Blvd SW and SW 136th St

Metro

Access to Transit BU10-SW 136th Street from Ambaum Blvd SW to 8th Ave SW Sidewalk improvements

Burien

Passenger Facilities BU11-SB/NB Stations at Ambaum Blvd SW and SW 142nd St

Metro

Passenger Facilities BU12-SB and NB Stations at Ambaum Blvd SW and SW 148th St

Metro

Passenger Facilities BU13-EB and WB stations at SW 150th St and 6th Ave SW including restoration at relocated sites on 148th/6th

Metro

Access to Transit BU14-Pedestrian improvements near BTC Burien Communication and Technology

BU15-Metro communication systems - Ambaum Blvd from SW 116th to SW 122nd (S-Curve)

Burien

Communication and Technology

BU16-Metro communication systems - Ambaum Blvd and SW 128th St

Burien

Communication and Technology

BU17-SW 150th St from Ambaum Blvd SW to 5th Ave SW fiberoptic network

Burien

Page 32 of 33

Agenda Item #8.b)

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________________________________________

Exhibit C – Project Scope of Work



Page 1 of 1

EXHIBIT C

Project Scope of Work

The purpose of this project is to increase transit ridership and mobility within the Burien city limits by

improving transit, speed, reliability and access along the Route 120 / RapidRide H Line corridor. This

will be accomplished by designing and constructing a comprehensive set of transit, traffic safety, and

non-motorized access improvements along the Ambaum Blvd SW corridor needed to support RapidRide

BRT service. These include transit corridor speed and reliability improvements, station and stop

improvements, improved pedestrian and bicycle transit access facilities, non-motorized and traffic safety

improvements, corridor access management improvements, roadway geometric improvements, and

traffic signal improvements. Within the Burien City Limits, the RapidRide H Line improvements are

planned on the following street segments: 16th Av SW, between SW 112th St and SW 116th St;

Ambaum Blvd SW, between SW 116th St and SW 150th St; 3) SW 150th St, between Ambaum Blvd

SW and Burien Transit Center; SW 136th St, between Ambaum Blvd SW and 8th Ave SW; and 4th Av

SW, between SW 148th St and SW 150th St.

This Scope of Work is copied from the Regional Mobility Grant Program 2019-2021 application.

Page 33 of 33

Agenda Item #8.b)

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*Color Indicators: public hearing (green), or when action is anticipated (blue). 1 of 9

Council Agenda Planning Calendar (Updated 02/18/2021)

/2020)

March 1, 2021 at 7:00 p.m. – Regular Business Meeting

Agenda Placement

Action Topic/Title Staff Assigned Referral

Information & Status

Presentations and Proclamations

a) Women’s History Month / International Women’s Month

Councilmember??

b)

c)

City Manager’s Report on Emerging Issues

d) Brian J. Wilson, City Manager

Public Hearing Introduction and Discussion (Future Potential Action on 3/15)

a) Public Hearing on Renewing the Ambaum Development Moratorium: Introduction to Ordinance No. XXX, Renewing the Ambaum Development Moratorium

Nicole Gaudette, Senior Planner / Susan McLain, Community Development Director

Adopt a) Annual 2021 Work Plan Proposal for the BEDP

Chris Craig, Economic Development Manager

Authorize b) Authorization of City Manager to Enter into an Interlocal Agreement with King County Metro Regarding the H-Line

Maiya Andrews, Public Works Director

Business Agenda Introduction and Discussion (Future Potential Action on 3/15)

a) Introduction to Resolution No. 445, Food Truck Piolet Pilot Program

Chris Craig, Economic Development Manager Susan McLain / Community Development Director

Introduction and Discussion (Future Potential Action on 3/15)

b) Introduction to Resolution No. XXX, Extending the Downtown Parking Exemption

Susan McLain, Community Development Director

Introduction and Discussion (Future Potential Action on 3/15)

c) AT&T Small Wireless Franchise Agreement

Garmon Newsom II, City Attorney / Robin Tischmak, Deputy Public Works Director

Agenda Item #8.c)

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/2020)

Review d) Council Agenda Planning

Calendar Brian J. Wilson, City Manager

March 15, 2021 at 4:30 p.m. – Special Meeting

Topic/Title Staff Assigned

a) Board and Commission Interviews:

• Airport Committee and Business

• Economic Development Partnership

Megan Gregor, City Clerk

March 15, 2021 at 7:00 p.m. – Regular Business Meeting

Agenda Placement




a) Brian J. Wilson, City Manager

Consent Agenda Approve a) Approval of Resolution No. 445, Food Truck Piolet Pilot Program

Chris Craig, Economic Development Manager / Susan McLain, Community Development Director

(Previously discussed on 3/1)

Approve b) Approval of Resolution No. XXX, Extending the Downtown Parking Exemption



Adopt c) Adopt Ordinance No. XXX, Renewing the Ambaum Development Moratorium

Nicole Gaudette, Senior Planner / Susan McLain, Community Development Director


Business Agenda Introduction and Discussion (Future Potential action on 4/5)

a) Introduction to Resolution No. XXX, Accepting the Downtown Emergency Service Center (DESC) Housing Demonstration Project

David Johanson, Senior Planner / Susan McLain, Community Development Director

Introduction and Discussion

b) Housing Action Plan Nicole Gaudette, Senior Planner /

Agenda Item #8.c)

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/2020)

March 22, 2021 at 3:30 p.m. – Special Meeting


b) Board and Commission Interviews:

• Human Services Commission

• Planning Commission


March 22, 2021 at 7:00 p.m. – Regular Study Session

Agenda Placement



Presentations & Discussion Topics

a)

b)

Review c) Council Agenda Planning Calendar

Brian J. Wilson, City Manager

April 5, 2021 at 4:00 p.m. – Special Meeting


c) Board and Commission Interviews:

• Arts Commission


April 5, 2021 at 7:00 p.m. – Regular Business Meeting

Agenda Placement




a) Emerging Issue Topic Brian J. Wilson, City Manager

Public Hearing a) Public Hearing Topic

(Future Potential action on 4/5)


Introduction and Discussion (Future Potential action on 4/5)

c) Introduction to Ordinance No. 747, Solid Waste Management Requirements for Commercial Businesses


Review d) Council Agenda Planning Calendar


Agenda Item #8.c)

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/2020)

Consent Agenda Adopt a) Adopt Ordinance No. 747, Solid Waste Management Requirements for Commercial Businesses



Adopt b) Adopt Ordinance No. XXX, Renewing the Ambaum Development Moratorium



Approve (?) c) DESC – Housing Demonstration Project



Business Agenda Introduction and Discussion (Future Potential Action on 4/19)

a) Introduction to Resolution No. XXX, Kinect Multi-Family Tax Exemption


b) Agenda Topic/Title



April 19, 2021 at 4:30 p.m. – Special Meeting


d) Board and Commission Interviews:

• Parks Board


April 19, 2021 at 7:00 p.m. – Regular Business Meeting

Agenda Placement




a) Earth Day Proclamation

b) Arbor Day Proclamation Carolyn Hope, PaRCS Director

c)


d) Emerging Issue Topic Brian J. Wilson, City Manager


Consent Agenda Approve a) Resolution No. XXX, Kinect Multi-Family Tax Exemption

Susan McLain, Community


Agenda Item #8.c)

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/2020)

April 26, 2021 at 7:00 p.m. – Regular Study Session

Agenda Placement




Update a) Rental Housing Inspection Program Update

Lori Fleming, RHIP Coordinator




May 3, 2021 at 7:00 p.m. – Regular Business Meeting

Agenda Placement




a) Asian Pacific Americans Month Proclamation

b) Older American’s Month Proclamation

c) Affordable Housing Week Proclamation – May 10 - 14

d) Peace Officers Memorial Day Proclamation


e) Emerging Issue Topic Brian J. Wilson, City Manager


Consent Agenda a) Agenda Topic/Title (Previously discussed on xx/xx)

Development Director

b) Agenda Topic/Title (Previously discussed on xx/xx)

c) Agenda Topic/Title (Previously discussed on xx/xx)

Business Agenda a) Agenda Topic/Title




Agenda Item #8.c)

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/2020)

b) Agenda Topic/Title (Previously

discussed on xx/xx)






May 24, 2021 at 7:00 p.m. – Regular Study Session

Agenda Placement




a) Agenda Topic/Title




May 17, 2021 at 7:00 p.m. – Regular Business Meeting

Agenda Placement




a) Emerging Issue Topic Brian J. Wilson, City Manager


Consent Agenda a) Agenda Topic/Title (Previously discussed on xx/xx)

b) Agenda Topic/Title (Previously discussed on xx/xx)






Agenda Item #8.c)

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/2020)

Future Agenda Items (identified by Council)

Action Topic/Title Staff Assigned

Referral Information &

Status

Discussion a) Options Regarding Bicycle and Ride Share Services (Priority 1)

Maiya Andrews, Emily Inlow-Hood

Council direction on 3/5/18 – Project Postponed due to other PW priorities

Discussion b) Discussion and potential action on a possible rent debt relief order program within Burien – Recommendation on strengthening the Governors Orders (Priority 1)

Brian J. Wilson, City Manager / Colleen Brandt-Schluter, Human Services Manager

Council direction on 6/1/20 – Monitoring Gov’s orders and workplan in this regard

Introduction, Discussion, Potential Action

c) Create clear process for council to address concerns on how boards/commissions are functioning and review the handbook (Priority 2)

Garmon Newsom II, City Attorney / Megan Gregor, City Clerk

Council direction on 6/15/2020 – In Progress, planned to come before Council in Q1 2021

Possible Town Hall

d) Organize a temporary Community Taskforce to explore the reopening/resetting Burien in a community wide effort. (Priority 2)


Council direction on 6/1/20 – Currently postponed given staff prioritization of work

Discussion e) TREES (Priority 3):

• Memorial Trees and Potential Locations in Burien

• Review BMC 19.25.120 related to tree retention on development proposals

Casey Stanley Susan McLain

Council direction on 9/23/19 – Deliberations with Parks Board, plan to present prior to 1st Qtr. 2021 Communication in 12/21 City Manager Report – Staff implementing process of bringing potential Zoning Code amendments to City Council before July 2021.

Discussion f) Update from Port of Seattle on Fuel Dumping Procedures and Policy (Priority 3)


Council Direction on 1/27/20 – Port has been unable to

Agenda Item #8.c)

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/2020)

provide representative to present to Council; inquiry ongoing

Discussion g) Developer feedback regarding the housing demonstration process (Priority 3)


Plans in place to bring first demonstration project to Council in November 2020

Discussion h) Sub-Prevailing Wages in Burien Particularly as it Relates to Members of the Disabled Community (Priority 3)


Council direction on 8/5/19 – In Process as of 10/13

Discussion i) Coordinate a meeting post-COVID to discuss +/- of event


Council Direction from CM Schilling on 4/20/2020 – will happen following the pandemic

Introduction and Discussion

j) Explore options to raise the B&O Tax (for 2021) Eric Christensen, Finance Director

Council direction on 11/16/20 – this will happen during Mid-Bi discussion in 2021

k) Call for Community Members knowledgeable on airport issues to join the City’s membership with StART


Council Direction on 9/21/20 – In Process – to happen Q1 of 2021

l) Code Amendments related to the Utility Tax Relief Program

Cathy Schrock, Administrative Services Director

Council Direction on 1/4/2021 – will happen sometime in 2021

Discussion m) Have a discussion on the legislative agenda, to speak with Lyset, and to determine whether someone can speak on behalf of the council.

Brian J. Wilson, City manager

Council Direction on 1/25/21

Discussion n) Discuss the idea of terminating King County police contract, to examine ways the City provides policing, and to support and coordinate these efforts with the City of SeaTac.


Council Direction on 02/01/21

Agenda Item #8.c)

of 61



/2020)

Future Agenda Items (identified by Staff)

Action Topic/Title Staff Assigned

Referral Information &

Status

Discussion a) Rental Housing Program Status Report –inquiries

Rental Housing Inspection Program Coordinator

Quarterly

Discussion and Potential Action

b) Strategic Plan Development Brian J. Wilson, City Manager

Council approval 10/26 – Effort initiated in Q1 of 2021

Agenda Item #8.c)

of 61