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CAG2019-184 - Supplement - Sound Transit - Federal Way Link Extension Project: Grant of Non-Exclusive Use of Light Rail Transit Way - 03/12/2019
AGREEMENT BETWEEN THE CITY OF KENT AND SOUND TRANSIT FOR GRANT OF NON- EXCLUSIVE USE OF A LIGHT RAIL TRANSIT WAY AS RELATED TO THE FEDERAL WAY LINK EXTENSION LIGHT RAIL TRANSIT PROJECT This AGREEMENT is entered into by and between the City of Kent (the "City") and Central Puget Sound Regional Transit Authority("Sound Transit") and is effective when signed by all parties. RECITALS WHEREAS, Sound Transit is a governmental entity created pursuant to Chapters 81.104 and 81.112 RCW with all powers necessary to implement a high capacity transit system within its boundaries in King, Pierce, and Snohomish Counties, including the right to construct and maintain facilities in public rights of way without a franchise (RCW 81.112.100 and RCW 35.58.330); WHEREAS, the City is a non-charter optional municipal code city incorporated under the laws of the State of Washington; WHEREAS, the City owns and operates city streets, and other infrastructure improvements within the City boundaries where Sound Transit proposes certain transit improvements and light rail; WHEREAS, the Growth Management Act (Chapter 36.70A RCW) requires the City to plan for and encourage regional high capacity transportation facilities such as the Link Light Rail Transit Project (RCW 36.70A.020); WHEREAS, in 1996, 2008, and 2016, pursuant to state law, the Central Puget Sound Regional Transit Authority(known as "Sound Transit") proposed, and Central Puget Sound voters approved financing for, regional transit system plans known as Sound Move, ST2, and ST3, respectively; WHEREAS,these regional transit system plans include, among other projects, the Federal Way Link Extension Project ("Project") connecting the cities of SeaTac, Des Moines, Kent, and Federal Way to the existing Link Light Rail system, which will provide numerous benefits to the City's residents, workers, and visitors, and which will help the City meet its Comprehensive Plan goals; WHEREAS, Sound Transit and the Federal Transit Administration of the United States Department of Transportation ("FTA") have jointly planned the Project pursuant to the National and State Environmental Policy Acts, and have completed environmental review for the Project with publication of the Federal Way Link Extension Final Environmental Impact Statement on November 18, 2016, FTA's Record of Decision issued on March 6, GA 0046-18 Page 1 2017, and the Federal Highway Administration's Record of Decision, issued on March 9, 2017; WHEREAS, on May 5, 2015,the City submitted a letter to the Sound Transit Board stating its preference for Sound Transit's preferred project alignment and profile which balanced stakeholder interests, maximized safety and promoted transit-oriented development consistent with the Midway Subarea Plan; WHEREAS,on January 26, 2017,the Sound Transit Board defined and selected the Federal Way Link Extension alignment, profile, stations, and associated infrastructure to be built between Angle Lake Station at S. 2001h Street and the Federal Way Transit Center in Resolution 2017-02; WHEREAS,Sound Transit is intending to deliver the Project as a design/build procurement ("Design/Build")and has been coordinating with the City in preparation for Project Design and Construction; WHEREAS, the City and Sound Transit want to agree on a grant of a non-exclusive use of a Light Rail Transit Way for the Federal Way Link Extension Project in the City with appropriate terms and conditions that will satisfy the FTA's continuing control requirements; and WHEREAS, the City and Sound Transit intend to execute a Development Agreement in coordination with this Transit Way Agreement; NOW THEREFORE, in consideration of mutual promises and covenants herein contained related to the grant of a non-exclusive use of a Light Rail Transit Way by the City to Sound Transit to construct, operate, maintain, and own a Light Rail Transit System in the City of Kent within and along the Light Rail Transit Way, the parties agree to the terms and conditions as follows: SECTION I. DEFINITIONS For purposes of this Agreement, the following terms, phrases, words, and their derivations shall have the meaning given herein where capitalized; words not defined herein shall have their ordinary and common meaning. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number,words in the singular number include the plural number, and the use of any gender shall be applicable to all genders whenever the sense requires.The words "shall" and "will" are mandatory and the word "may" is permissive. References to governmental entities, whether persons or entities, refer to those entities or their successors in authority. If specific provisions of law referred to herein be renumbered, then the reference shall be read to refer to the renumbered provision. References to laws, GA 0046-18 Page 2 ordinances or regulations shall be interpreted broadly to cover government actions, however nominated, and include laws, ordinances, and regulations now in force or hereinafter enacted or amended. 1.1 Agreement. "Agreement" means this Light Rail Transit Way Agreement approved by appropriate action of the City of Kent and of Sound Transit. 1.2 Cam. "City" means the City of Kent and any successor or assignee following an assignment that is permitted under this Agreement. 1.3 Director. "Director" means the Director of Public Works of the City of Kent or designee. 1.4 Emergency. "Emergency" means, except as otherwise provided, a generally unexpected occurrence or set of circumstances that affects public safety or health demanding immediate action. 1.5 Final Construction Plans. "Final Construction Plans" means prints showing detail, the proposed construction and specifications of the Light Rail Transit System including alignment drawings showing the exact limits of the Light Rail Transit Way. 1.6 Final Right-of-Way Plans. "Final Right-of-Way Plans" means prints having the proposed limits of the Light Rail Transit Way mathematically tied to existing City monumentation and the Washington State Coordinate System. 1.7 Liability. "Liability" means all loss, damages, cost, expense (including costs of investigation and attorney fees and expenses at arbitration, trial or appeal and without institution of arbitration or suit), liability, claims, and demands of whatever kind of nature (including those arising under the Federal Employers Liability Act), arising out of an occurrence relating to this Agreement or occurring on or relating to the Light Rail Transit System described herein. 1.8 Light Rail Transit Facility. "Light Rail Transit Facility" means a structure, rail track, equipment, maintenance base, or other improvement of a Light Rail Transit System, including but not limited to ventilation structures, traction power substations, signal bungalows, Light Rail Transit Stations and related passenger amenities, bus layover and inter-modal passenger transfer facilities, and station access facilities. 1.9 Light Rail Transit Station. "Light Rail Transit Station" means a Light Rail Transit Facility whether at grade, above grade or below grade that provides pedestrian access to Light Rail Transit System vehicles and facilitates transfer from light rail to other modes of transportation. A Light Rail Transit Station may include mechanical devices such as elevators and escalators to move passengers and may also include such passenger amenities as informational signage, seating, weather protection, fountains, or artwork. GA 0046-18 Page 3 1.10 Light Rail Transit System. "Light Rail Transit System" means a public rail transit line, including Light Rail Transit Facilities, all infrastructure (including light rail vehicles operating on the Light Rail Transit Way), passenger services and communication equipment, that operates at grade level, above grade level, or in a tunnel and that provides high-capacity, regional transit service owned or operated by a regional transit authority authorized under RCW 81.112. A Light Rail Transit System may be designed to share a street right of way although it may also use a separate right of way. Commuter rail and low capacity, or excursion rail transit service are not included. 1.11 Light Rail Transit Way. "Light Rail Transit Way" means the areas within the Public Rights of Way occupied by Sound Transit for its Light Rail Transit System after construction pursuant to this Agreement, as shown on the record drawings of the Final Right-of-Way Plans approved by the Director. 1.12 Parties. "Parties" means the City of Kent and Sound Transit. 1.13 Passenger. "Passenger" means any person who is not an employee of Sound Transit, and who is aboard any Sound Transit Light Rail Transit System vehicle. 1.14 Public Rights of Way. "Public Rights of Way"' means the areas above, below, on and over public streets and easements which, under the Kent City Code, the City ordinances, and applicable laws, the City has authority to grant rights of way, permits, or licenses for use thereof or has regulatory authority therefor. 1.15 Project. "Project" means the segments of the Light Rail Transit System in the City as described in Sound Transit Board Resolution 2017-02 and subsequent approved permits and agreements. 1.16 Record Drawings. "Record Drawings" means the neatly and legibly marked set of contract drawings maintained by Sound Transit's Design-Build Contractor with up-to-date information, showing all changes in the work, including final locations of all items of work. 1.17 Routine Maintenance and Operation. "Routine Maintenance and Operation" means Sound Transit's maintenance and operation of the Light Rail Transit System that does not require (i) the excavation of soil that would alter or disturb the Public Rights of Way, or (ii) the use of heavy machinery within fifty (50) feet of or upon the Public Rights of Way. 1.18 Sound Transit. "Sound Transit" means the Central Puget Sound Regional Transit Authority, and any other entity to the extent such entity, as permitted under this Agreement, is exercising any rights to operate the Light Rail Transit System over any portion of the Light Rail Transit Way pursuant to a specific written grant of such rights by Sound Transit. GA 0046-18 Page 4 1.19 Third Party. "Third Party" means any person other than the City or an employee of the City, and any person other than Sound Transit or an employee of Sound Transit. 1.20 Track Access Permit. "Track Access Permit" means the process for track access, the management, scheduling, and authorization of access to employees, third parties, and contractors to perform work on, near, or adjacent to the Light Rail Transit System or any Sound Transit facility. (See Exhibit D—Track Access Procedures.) SECTION II. GRANT OF RIGHTS BY THE CITY 2.1 Grant of Non-Exclusive Use of a Light Rail Transit Way. The City grants to Sound Transit a non-exclusive use of portions of certain Public Rights of Way, the general location of which is described and depicted on Exhibits A and B hereto, to be known as a Light Rail Transit Way,to construct, operate, maintain,and own a Light Rail Transit System in, upon, above, beneath and along the Light Rail Transit Way in accordance with the terms and conditions of this Agreement. The Light Rail Transit Way shall be limited to the areas described generally in the plans and profile drawings contained in Exhibit C hereto and more fully described in the Final Right-of-Way Plans.The Director and Sound Transit's Deputy Executive Director or designee of Design and Engineering shall,from time to time, jointly revise and modify Exhibit C to conform to the Final Construction Plans and the Final Right-of-Way Plans as long as the revisions are, in their judgment, within the scope and intent of Exhibit C.The Director is hereby expressly delegated the authority to revise and modify Exhibit C from time to time consistent with the terms of this paragraph. This grant shall take effect upon the approval of Final Construction Plans and Final Right-of-Way Plans by the Director. Sound Transit expressly agrees that it will construct, operate, and maintain the Light Rail Transit System in compliance with this Agreement and all applicable City ordinances, state, and federal laws. Legal descriptions of the Light Rail Transit Way shall be produced after construction is substantially complete, and furnished to the City at that time. 2.2 Rights Limited to Light Rail Transit System. The non-exclusive use of a Light Rail Transit Way is granted solely for the purpose of construction, maintenance, operation, and ownership of the Light Rail Transit System detailed in the Issued for Construction Plans, and for no other purpose. Sound Transit intends, and shall have the right, to use the Light Rail Transit Way solely for Light Rail Transit System uses. Sound Transit agrees that it shall not, without the City's written consent, construct on or along the Light Rail Transit Way any additions to or expansions of the Light Rail Transit System subsequent to the construction done in accordance with the Issued for Construction Plans and with the Final Right-of-Way Plans. Notwithstanding the foregoing, nothing contained herein shall prevent Sound Transit from replacing Light Rail Transit Facilities or equipment existing after construction after first obtaining any necessary permits or other authorizations from the City. GA 0046-18 Page 5 2.3 Work Permitted in Light Rail Transit Way. Sound Transit understands and agrees that during the normal course of Light Rail Transit Way use, the City may engage in construction, maintenance, demolition, leasing, licensing, permitting, and similar activities that have the potential to cause interruption to the Light Rail Transit System. Sound Transit understands and agrees that such activities may be caused, from time to time, by reasons including but not limited to: (i)construction of facilities which constitute permissible uses of Public Rights-of-Way ("ROW"), (ii) repair of ROW facilities (including resurfacing or widening), (iii) change of grade to ROW, and (iv) construction, installation, maintenance, or repair of sewer drains, water pipes, power lines, signal lines, traffic control devices, tracks, communication systems, public works, public facilities or improvements, or any utilities. The City agrees that such activities,to the extent they are permitted or controlled by the City, shall not occur within the Light Rail Transit Way without written notice to Sound Transit. Any such activities done by or for the City shall be undertaken in a manner that minimizes, to the greatest extent possible, disruption to operation of the Light Rail Transit System. Before commencement of any work the City will apply for,or direct all Third Parties to apply for, a Track Access Permit. (see Exhibit D), for which approval shall not be unreasonably withheld or delayed,taking into account the nature of the proposed entry. 2.4 Non-Exclusive Use. Sound Transit understands that the rights granted herein are non-exclusive. The City shall have the right to agree to other non-exclusive uses or occupancies of the Light Rail Transit Way. The City agrees that such uses or occupancies shall not unreasonably impair the ability of Sound Transit to operate the Light Rail Transit System. Sound Transit agrees that its non-exclusive rights shall not unreasonably impair the ability of other uses to exist and/or operate in the public rights-of-way as permitted by the City. 2.5 Use Restricted. This Agreement does not authorize the provision of any services by Sound Transit other than the services strictly related to the operation of the Light Rail Transit System. Sound Transit's use of the Light Rail Transit Way for anything other than a Light Rail Transit System shall require written permission from the City. 2.6 Ownership. Sound Transit shall own all tracks and other Light Rail Transit Facilities on the Light Rail Transit Way, including, without limitation, improvements constructed at the cost and expense of Sound Transit that are not otherwise transferred to and accepted by the City. Nothing in this Agreement shall be construed as granting to Sound Transit any interest or right in the Light Rail Transit Way or the improvements on the Light Rail Transit Way other than the rights expressly provided herein. 2.7 No Rights by Implication. No rights shall pass to Sound Transit by implication. Without limiting the foregoing, by way of example and not limitation, this Agreement shall not include or be a substitute for the following: GA 0046-18 Page 6 A. Any other permit or authorization required for the privilege of transaction and carrying on a business within the City that may be required by the ordinances and laws of the City; or B. Any permit, agreement or authorization required in connection with operations on or in public streets or property, including by way of example and not limitation, street cut permits; or C. Any permits or agreements for occupying any other property of the City or private entities to which access is not specifically granted by this Agreement. 2.8 Utilities Agreements. This Agreement shall not be read to diminish, or in any way affect,the authority of the City to control and charge forthe use of the light,water,storm, solid waste, and wastewater utilities. Therefore, if Sound Transit desires to use such utilities, it must pay standard rates for utility services and obtain necessary agreements or consents for such uses, as may be required by the City, which agreements or consents shall not be unreasonably withheld. SECTION III. PERMITS 3.1 Permits and Licenses. Sound Transit, at its sole cost and expense, shall (i) secure and maintain in effect, all federal, state, and local permits and licenses required for the construction, operation, and maintenance of the Light Rail Transit System, including, without limitation, crossing, zoning, building, health, environmental, and communication permits and licenses, and (ii) indemnify the City against payment of the costs thereof and against any fines or penalties that may be levied for failure to procure, or to comply with, such permits or licenses, as well as any remedial costs incurred by the City in curing any such failures. 3.2 City Shall Not Hinder. The City shall not hinder with Sound Transit's attempts to secure, obtain, and maintain, at Sound Transit's sole cost and expense, any permits, licenses or approvals of other governmental agencies or authorities, or of any necessary Third Parties, for the use of any structures or facilities, including streets, roads, or utility poles. SECTION IV. CONSTRUCTION 4.1 Approval of Construction. Sound Transit shall obtain the approval of the Director for Sound Transit work in the Public Right of Way prior to any such work commencing. Final Construction plans must be accompanied by Final Right-of-Way Plans. Approval for construction shall consist of the issuance of a construction permit or permits by the Director for each project section or contract to be constructed by Sound Transit within the Public Rights of Way. GA 0046-18 Page 7 4.2 Record Drawings. Within six (6) months of Sound Transit's acceptance of Design- Build Contractor Project completion, Sound Transit shall furnish to the City the record drawings of the Final Construction Plans and Final Right-of-Way Plan, including Record Drawings and associated electronic AUTOCAD and GIS files showing the as-built condition. Upon mutual agreement as to the types and number of drawings required, Sound Transit shall furnish to the City drawings sufficient to describe the project spatially in Washington State Coordinate System. Sound Transit will assist in the conversion to the City coordinate system if necessary. 4.3 Entry Upon Light Rail Transit Way. Sound Transit, its employees, and agents shall have the right, as defined and limited pursuant to Section V of this Agreement, to enter upon the Light Rail Transit Way for the purpose of constructing, operating, and maintaining the Light Rail Transit Facilities. 4.4 Temporary Use of Public Rights of Way. During construction of the Light Rail Transit System, Sound Transit, with the prior written agreement of the City, and approval of any required permits, may fence portions of the Public Rights of Way for the temporary storage of construction equipment and materials, provided that such structures and fences (i) do not interfere with or disrupt in any way, other than ways approved in advance and in writing by the City, the ordinary use of the Public Right of Way; (ii) do not interfere with or disrupt in any way, other than in ways approved in advance and in writing by the City, the ordinary access to property on either side of the Public Rights of Way; (iii) are not used for construction worker parking; and (iv) do not unnecessarily limit the public's right to travel within the Public Right of Way. Sound Transit shall not store or temporarily place any goods, materials, or equipment (i) near a roadway, intersection, or crossing in such a manner as to interfere with the sight distance of persons approaching such crossing; or (ii) within such greater distance as prohibited by the City; provided, however, that fuel and other hazardous substances shall not be stored unless approved in writing by the City. 4.5 Utilities During Construction. The City recognizes that the Light Rail Transit System is an essential public facility and public transportation improvement. Sound Transit will coordinate with all utilities to minimize utility relocation costs and related construction and will negotiate with non-City-owned utilities on utility relocation costs and cost allocation. Sound Transit shall fully indemnify the City for any claim and undertake the defense of any litigation directed at the City arising from the City's exercise of its authority to direct such relocation to accommodate the construction of the Light Rail Transit System. The City shall cooperate with Sound Transit in the defense of any such claim. Notwithstanding the foregoing, the parties agree that Sound Transit shall pay any and all costs for relocation or protection of City-owned utilities as reasonably determined by the City due to construction, operation, or maintenance of the Light Rail Transit System. GA 0046-18 Page 8 4.6 Work Completed by Sound Transit. Sound Transit, at Sound Transit's sole cost and expense, will furnish all materials, parts, components, equipment, and structures necessary to construct and operate the Light Rail Transit System, or any part thereof, in accordance with this Agreement. Any and all work by Sound Transit shall be done in a good and workman-like manner, in conformity with all applicable engineering, safety, and other statutes, laws, ordinances, regulations, rules, codes, orders, or specifications of any public body or authority having jurisdiction. 4.7 Installation. All facilities and installations must meet or exceed applicable specifications of the City and be in compliance with all existing federal, state, and local laws, ordinances and regulations. 4.8 Track Support. During any work of any character by Sound Transit at locations of the Light Rail Transit Facilities, and in accordance with the Final Construction Plans, Sound Transit will support the tracks and roadbed of the Light Rail Transit System in such manner as is necessary for the safe operation of the Light Rail Transit System and ordinary use of the Public Rights of Way. 4.9 Imminent Danger. If, during construction, there is an Emergency or the Light Rail Transit System creates or is contributing to an imminent danger to health, safety, or property that Sound Transit is unable to immediately address, the City may protect, support, temporarily disconnect, remove, or relocate any or all parts of the Light Rail Transit System without prior notice, and charge Sound Transit for costs incurred. The City shall provide notice of such Emergency or danger along with any actions taken to Sound Transit as soon as practicable, taking into consideration the nature and complexity of the Emergency or other imminent danger. 4.10 Accommodation of Moving Structures. Sound Transit shall, on the request of any Third Party holding a valid permit issued by a governmental authority and a Sound Transit Track Access permit,temporarily raise or lower its wires to permit the moving of buildings or other objects. Sound Transit may require that the expense of such temporary removal or raising or lowering of wires be paid in advance by the Third Party requesting the same. 4.11 Information Regarding Ongoing Work. In addition to providing notice to the public of ongoing work as may be required under applicable law, Sound Transit shall develop a comprehensive project-specific communication plan in coordination with the City to establish and maintain effective communication with residents and businesses to allow them to be fully informed about potentially significant disruptions, such as temporary street closures, changes in transit service, and parking availability. As part of the plan, Sound Transit will work with community and neighborhood groups prior to and through the construction process to identify types of impacts that would occur and communicate mitigation activities to address such impacts. GA 0046-18 Page 9 4.12 Restoration of Public Rights of Way. Sound Transit shall promptly repair any and all Public Rights of Way and public property that is disturbed or damaged during the construction of its Light Rail Transit System to substantially the same condition, or in the case of street surfaces, better condition if reasonably necessary and within a mutually agreed-upon timeframe commensurate with the scope of repairs. In the event Sound Transit does not comply with the foregoing requirement, the City may, upon reasonable advance notice to Sound Transit, take the actions to restore the Public Rights-of-Way or public property at Sound Transit's sole cost and expense. 4.13 Federal Grant Conditions. Sound Transit's design and construction of the Project may become subject to a financial assistance agreement between Sound Transit and the Federal Transit Administration ("FTA"). Both parties recognize that changes to this Agreement may be necessary in order to comply with FTA funding requirements. If changes to this Agreement are required, the City's acceptance of such changes shall not be unreasonably withheld. SECTION V. ENTRY NOTICE 5.1 Access. Sound Transit, its employees and agents shall have access to the Public Rights of Way in connection with Sound Transit's construction, operation, and maintenance of the Light Rail Transit System as is reasonably necessary in accordance with this Agreement. However, except to the extent expressly provided in this Agreement,this right of access shall not be deemed to require the City to take any actions or expend any funds to enable such persons to exercise such rights of access, and provided further that such access may not interfere with or disrupt in any way, other than in ways approved in advance by the City, the use of the Light Rail Transit Way by the City or Third Parties. 5.2. Notice Prior to Initial Entry. Sound Transit shall give the City at least seventy-two (72) hours'written notice before initial entry upon any portion of the Public Rights of Way for construction purposes. 5.3 Entry after Proiect Construction. After construction, any entry by Sound Transit onto the Public Rights of Way that is not pursuant to the Routine Maintenance and Operation of the Light Rail Transit System or for purposes relating to an Emergency shall require (i) advance written notice from Sound Transit to the City not less than ten (10) days prior to Sound Transit's planned entry, with notice to specify the purpose of the entry; (ii) if entry involves any new connection or removal of any portion of the Light Rail Transit System, plans as required by direction of the Director showing in detail the proposed new construction, reconstruction, or removal; and (iii) approval by the City, which approval shall not be unreasonably withheld or delayed, taking into account the nature of the proposed entry. Sound Transit shall obtain appropriate permits required by Section 6.2. GA 0046-18 Page 10 5.4 Entry for Routine Maintenance and Operation. During Routine Maintenance and Operation, Sound Transit personnel may enter the Public Rights of Way without notice to the City, as long as such entry is for the sole purpose of Routine Maintenance and Operation. If the Routine Maintenance and Operation activities require the closure of a traffic lane, Sound Transit will exert its best efforts to provide the City forty-eight (48) hours' written notice before closure of any portion of the Public Right-of-Way. 5.5 Emergency Access. In the event of an Emergency that interrupts or significantly disrupts Operation of the Light Rail Transit System and for purposes of taking immediate corrective action, Sound Transit personnel may enter the Public Rights of Way without notice to the City, as long as such entry is for the sole purpose of addressing the Emergency; provided, however, that if any entry for such purposes is likely to require excavation of soil that would alter or disturb the Public Rights of Way or use of heavy machinery within fifty (50) feet of or upon the Public Rights of Way, Sound Transit shall give the City verbal or telephonic notice of the places where, and the manner in which, entry is required, prior to such entry, promptly followed by written notice. SECTION VI. OPERATION, MAINTENANCE,AND REPAIR IN STREETS AND RIGHTS OF WAY 6.1 Compliance with Laws. Rules and Regulations. Sound Transit shall operate, maintain, and repair its Light Rail Transit System in compliance with all federal, state, and local laws, ordinances, departmental rules and regulations and practices affecting such system, which include, by way of example and not limitation, the obligation to operate, maintain, and repair in accordance with the City's Land Use Code and construction codes, and City street and utility standards. In addition, the operation, maintenance, and repair shall be performed in a manner consistent with industry standards. Sound Transit shall exercise reasonable care in the performance of all its activities and shall use industry- accepted methods and devices for preventing failures and accidents that are likely to cause damage, injury, or nuisance to the public or property. 6.2 Permits Required. Except in cases of emergency repairs, Sound Transit's operation, maintenance,or repair of its Light Rail Transit System shall not commence until all required permits have been properly applied for and obtained from the proper City officials and all required permits and associated fees paid, including, but not limited to, the cost of permit-application review and inspection. In case of emergency repairs, appropriate permits shall be applied for no later than the second business day following repairs. 6.3 Level of Operation/Maintenance. All facilities shall be operated and maintained in such a manner as to minimize disruption to other users of the Public Rights of Way. All facilities shall be maintained in a state of good repair as defined by FTA in 49 CFR 625. GA 0046-18 Page 11 6.4 Appointment of Operator. Sound Transit may appoint an operator as Sound Transit's agent to exercise some or all of Sound Transit's rights under this Agreement, subject to the terms and conditions of this Agreement. 6.5 Regulatory Approvals. Sound Transit and its operator shall obtain and maintain all federal, state and/or local regulatory approvals as may be required for the operation of the Light Rail Transit System. 6.6 Responsibility for Equipment. The City shall have no responsibility for inspecting, maintaining, servicing, or repairing any trains or other equipment used by Sound Transit as part of the Light Rail Transit System. However, all such equipment shall at all times comply with applicable federal, state, and local governmental requirements. 6.7 Prompt Repair. Sound Transit shall promptly repair any and all Public Rights of Way, public property, or private property that is disturbed or damaged during the operation, maintenance, or repair of its Light Rail Transit System within a mutually agreed-upon timeframe commensurate with the scope of repairs. Public property and Public Rights of Way must be restored to substantially the same condition as before the disturbance or damage occurred, or, in the case of street surfaces, better condition if reasonably necessary. 6.8 Imminent Danger. In the event of an Emergency, or where the Light Rail Transit System creates or is contributing to an imminent danger to health, safety or property,the City will immediately notify Sound Transit's Link Control Center at 206-205-8177 ("LCC") or 911 to address the situation. 6.9 No At-Grade Crossings or Crossing Gates Without Permission. Sound Transit will not install any at-grade crossings or crossing gates or other traffic control devices without the written consent of the City. SECTION VII. FACILITY LOCATION SIGNS Sound Transit, at its sole cost, expense, and risk, shall secure permits, furnish, erect, and thereafter maintain signs showing the location of all Sound Transit facilities. Signs shall be in conformance with applicable codes. SECTION VIII. THIRD PARTY RIGHT OF WAY OWNERSHIP This Agreement is not intended to cover and does not cover any occupancies over (i) rights of way or other land owned solely or jointly by any other person or entity, or (ii) any rights granted to the City by Third Parties. GA 0046-18 Page 12 SECTION IX. RELOCATIONS If the City desires the relocation of a portion of the Light Rail Transit Facilities to accommodate the City, the City shall notify Sound Transit of such fact, and Sound Transit shall consult with the City regarding such request. SECTION X. LIABILITY, INDEMNIFICATION Sound Transit hereby agrees to indemnify, defend, and hold harmless the City against any and all claims, demands, suits, actions, damages, recoveries, judgments, costs, and expenses, including, without limitation, reasonable attorneys' fees paid by the City, arising or growing out of, in connection with, or resulting from, either directly or indirectly, and whether or not caused by Sound Transit's own negligence, the construction, maintenance, operation, repair, removal, occupancy, and use of Light Rail Transit System in the Light Rail Transit Way by Sound Transit. Sound Transit's obligation under this provision shall encompass only its own negligence, for which the City shall remain responsible. This limitation applies to the sole or partial negligence, action or ination of the City, its employees, servants, agents, contractors, or subcontractors. The City shall give Sound Transit prompt notice of any claims of which it is aware. Sound Transit shall promptly assume responsibility for the claim or undertake the defense of any litigation on behalf of the City. The City shall cooperate fully with Sound Transit in the defense of any claim to the extent such cooperation is not contrary to the interests of the City.The City shall not settle any claim without the prior written consent of Sound Transit, which consent shall not be unreasonably withheld. Sound Transit expressly assumes potential liability for actions brought by Sound Transit's employees and agents against the City and, solely for the purpose of this indemnification, expressly waives any immunity under the Industrial Insurance Law, Title 51 RCW. Sound Transit acknowledges that this waiver was entered into pursuant to the provisions of RCW 4.24.115 and was the subject of mutual negotiation. SECTION XI. INSURANCE Sound Transit shall maintain throughout the term of this Agreement, and for six (6) years after its termination, insurance adequate to protect the City against claims that may arise as a result of the construction, operation, or maintenance of the Light Rail Transit System in the Light Rail Transit Way, including, without limitation (i) comprehensive general liability insurance (minimum limit of $5,000,000 per occurrence); (ii) property damage liability insurance (minimum limit of $5,000,000 per occurrence), including coverage for explosion, collapse, and instability; (iii)workers' compensation insurance (statutory limits are acceptable), to the extent required by law; (iv) employer's liability insurance GA 0046-18 Page 13 (minimum limit of $2,000,000 per occurrence); and (v) comprehensive auto liability coverage, including owned, hired, and non-owned vehicles (minimum limit of$5,000,000 per occurrence). Sound Transit shall carry such insurance with responsible insurers or self-insure or participate in an insurance pool or pools at levels of coverage or with reserves adequate, in the reasonable judgment of Sound Transit,to protect Sound Transit and the City against loss, and as are ordinarily carried by municipal or privately-owned entities engaged in the operation of systems comparable to the Light Rail Transit System. Sound Transit shall file with the City's Risk Manager certificates of insurance reflecting evidence of the required insurance and naming the City as an additional insured unless such requirement is waived in writing by the City.The certificates shall contain a provision that coverage will not be canceled until at least thirty (30) days' prior written notice has been given to the City. If Sound Transit fails to maintain the required insurance,the City may order Sound Transit to stop operating the Light Rail Transit System in the Light Rail Transit Way until the required insurance is obtained, and upon receipt of such order, Sound Transit shall cease all operations. SECTION XII. LIENS 12.1 The Light Rail Transit Way and Light Rail Transit Facilities are not subject to a claim of lien. In the event that any City property becomes subject to any claims for mechanics, artisans, or materialmen liens, or other encumbrances chargeable to or through Sound Transit which Sound Transit does not contest in good faith, Sound Transit shall promptly, and in any event within thirty (30) days, cause such lien claim or encumbrance to be discharged or released of record (by payment, posting of bond, court deposit or other means), without cost to the City, and shall indemnify the City against all costs and expenses, including attorney fees, incurred in discharging and releasing such claim of lien or encumbrance. If any such claim or encumbrance is not so discharged and released,the City may pay or secure the release or discharge thereof at the expense of Sound Transit after first giving Sound Transit five (5) business days' advance notice of its intention to do so. The City shall use its reasonable best efforts to keep Sound Transit's facilities free of all liens that may adversely affect the Light Rail Transit System. 12.2 Nothing herein shall preclude Sound Transit's or the City's contest of a claim for lien or other encumbrance chargeable to or through Sound Transit or the City, or of a contract or action upon which the same arose. GA 0046-18 Page 14 12.3 Nothing in this Agreement shall be deemed to give, and the City expressly waives, any claim of ownership in and to any part or the whole of the Light Rail Transit Facilities except as may be otherwise provided herein. SECTION XIII.TERM; TERMINATION 13.1 This Agreement shall be effective as of the date the last party signs and, unless sooner terminated pursuant to the terms hereof, shall remain in effect for so long as the Light Rail Transit Way is used for public transportation purposes. 13.2 Upon termination of this Agreement, Sound Transit agrees to prepare, execute and deliver to the City all documentation necessary to evidence termination of this Agreement or portion thereof so terminated. No such termination, however, shall relieve the parties hereto of obligations accrued and unsatisfied at such termination. 13.3 Upon the cessation of use of the Light Rail Transit Way for the Light Rail Transit System, to the extent any portion of it remaining in the Public Rights of Way or on any other public property is not removed by Sound Transit, the City, as expressed by ordinance, may deem it abandoned and it shall become the property of the City. If the City does not desire such ownership, Sound Transit shall remove any remaining portion of the Light Rail System. 13.4 Any order by the City issued pursuant to this Section to remove the Light Rail Transit System in whole or in part shall be sent by registered or certified mail to Sound Transit not later than twenty-four (24) months following the date of termination of this Agreement, or, if later, the final resolution of any appeal of the termination. 13.5 Sound Transit shall file a written removal plan with the City not later than sixty (60) calendar days following the date of the receipt of any orders directing removal, or any consent to removal, describing the work that will be performed,the manner in which it will be performed, and a schedule for removal by location. The removal plan shall be subject to approval and regulation by the City. The affected property shall be restored to as good or better condition than existed immediately prior to removal. SECTION XIV. DISPUTE RESOLUTION; REMEDIES; ENFORCEMENT 14.1 Dispute Resolution. A. Any disputes or questions of interpretation of this Agreement that may arise between Sound Transit and the City shall be governed under the Dispute Resolution provisions in this Section. The Parties agree that cooperation and communication are GA 0046-18 Page 15 essential to resolving issues efficiently. The Parties agree to exercise their best efforts to resolve any disputes that may arise through this dispute resolution process. B. The Parties agree to use their best efforts to prevent and resolve potential sources of conflict at the lowest level. C. The Parties agree to use their best efforts to resolve disputes arising out of or related to this Agreement using good-faith negotiations by engaging in the following dispute escalation process should any such disputes arise: (1) Level One - Sound Transit's Deputy Executive Director of Design, Engineering and Construction Management or Designee and the City's Deputy Economic and Community Development Director or Designee shall meet to discuss and attempt to resolve the dispute in a timely manner. If they cannot resolve the dispute within fourteen (14) calendar days after referral of that dispute to Level One, either party may refer the dispute to Level Two. (2) Level Two - Sound Transit's Executive Director of Design, Engineering and Construction Management or Designee and the City's Public Works Director and Economic Community Development Director or their designees, shall meet to discuss and attempt to resolve the dispute, in a timely manner. If they cannot resolve the dispute within fourteen (14) calendar days after referral of that dispute to Level Two, either party may refer the dispute to Level Three. (3) Level Three - Sound Transit's Chief Executive Officer or designee and the City's Chief Administrative Officer or designee shall meet to discuss and attempt to resolve the dispute in a timely manner. D. Except as otherwise specified in this Agreement, in the event the dispute is not resolved at Level Three within fourteen (14) calendar days after referral of that dispute to Level Three, the Parties are free to file suit or agree to alternative dispute resolution methods such as mediation. At all times prior to resolution of the dispute, the Parties shall continue to perform and make any required payments under this Agreement in the same manner and under the same terms as existed prior to the dispute. 14.2 Notice of Default. Neither party shall be in default under this Agreement unless it has failed to perform under this Agreement for a period of thirty (30) calendar days after written notice of default from any other party. Each notice of default shall specify the nature of the alleged default and the manner in which the default may be cured satisfactorily. If the nature of the alleged default is such that it cannot be reasonably cured within thirty (30) days, then commencement of the cure within such time period and the diligent prosecution to completion of the cure shall be deemed a cure. GA 0046-18 Page 16 14.3 Remedies. Either party hereto has the right to exercise any and all remedies available to it as provided by law, consistent with the dispute resolution and notice of default sections of this Agreement, in the event the other party violates any provision of this Agreement. 14.4 Failure to Enforce. Neither party hereto shall be relieved of any of its obligations to comply promptly with any provision of this Agreement by reason of any failure of the other party to enforce prompt compliance, and one party's failure to enforce shall not constitute a waiver of rights or acquiescence in the other party's conduct. SECTION XV. COVENANTS AND WARRANTIES 15.1 By execution of this Agreement, the City warrants: A. That the City has full right and authority to enter into and perform this Agreement and any permits which may be granted in accordance with the terms hereof, and that by entering into or performing this Agreement the City is not in violation of any law, regulation, or agreement by which it is bound, to which it is bound, or to which it is subject; it being understood, however, that the covenant and warranty contained in this Section does not constitute a warranty, expressed or implied, by the City, of the right or rights granted by the City to Sound Transit hereunder; and B. That the execution, delivery, and performance of this Agreement by the City has been duly authorized by all requisite corporate action,that the signatories for the City hereto are authorized to sign this Agreement, and that, upon approval by the City, the joinder or consent of any other party, including a court or trustee or referee, is not necessary to make valid and effective the execution, delivery, and performance of this Agreement. 15.2 By execution of this Agreement, Sound Transit warrants: A. That Sound Transit has full right and authority to enter into and perform this Agreement in accordance with the terms hereof and by entering into or performing under this Agreement, Sound Transit is not in violation of any of its agency governance rules, any law, regulation or agreement by which it is bound or to which it is subject; and B. That the execution, delivery and performance of this Agreement by Sound Transit has been duly authorized by all requisite Board action, that the signatories for Sound Transit hereto are authorized to sign this Agreement, and that the joinder or consent of any other party, including a court, trustee, or referee, is not necessary to make valid and effective the execution, delivery, and performance of this Agreement. GA 0046-18 Page 17 SECTION XVI. RECORDINGS, TAXES AND OTHER CHARGES 16.1 Sound Transit shall pay all transfer taxes, documentary stamps, recording costs or fees, or any similar expense in connection with the recording or filing of any documents or records for which recording or filing is required pursuant to this Agreement. Sound Transit further agrees that if it is determined by any federal, state, or local governmental authority that the sale, acquisition, license, grant, transfer, or disposition of any part or portion of the Light Rail Transit Facilities or right herein described requires the payment of any tax, levy, excise, assessment, or charges, including without limitation, property, sales or use tax, under any statute, regulation or rule, Sound Transit shall pay these, plus any penalty and/or interest thereon, directly to said taxing authority and shall hold the City harmless therefrom. Sound Transit shall pay all taxes, levies, fees, excises, assessments, or charges, including any penalties and/or interest thereon, levied or assessed on the Light Rail Transit Facilities, or on account of their existence or use, including increases thereof attributable to such existence or use, and excluding taxes based on the income of the City, shall indemnify the City against payment thereof. Sound Transit shall have the right to claim, and the City shall reasonably cooperate with Sound Transit in the prosecution of any such claim, for refund, rebate, reduction, or abatement of such tax(es). 16.2 The City may pay any tax, levy,fee, excise, assessment or charge, plus any penalty and/or interest thereon, imposed upon Sound Transit for which Sound Transit is obligated pursuant to this Section if Sound Transit does not pay such tax, levy, excise, assessment, or charge when due. Sound Transit shall reimburse the City for any such payment made pursuant to the previous sentence, plus interest at the prime rate per annum, as published in the Wall Street Journal. SECTION XVII. ASSIGNABILITY; BENEFICIARY 17.1 This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors or assignees. No assignment hereof or sublease shall be valid for any purpose without the prior written consent of the other party, and any attempt by one party to assign or license the rights or obligations hereunder without prior written consent will give the other party the right, at its written election, immediately to terminate this Agreement or take any other lesser action with respect thereto. The above requirement for consent shall not apply to (i) any disposition of all or substantially all of the assets of a party;(ii)any governmental entity merger,consolidation or reorganization, whether voluntary or involuntary; (iii) a sublease or assignment of this Agreement, in part or in whole, to a governmental entity; or (iv) a sale, lease, or other conveyance by the City, subject to those requirements set forth in this Agreement; provided however, that no sublease or assignment under (ii) or (iii) shall be permitted to a governmental entity not operating, constructing or maintaining a Light Rail Transit GA 0046-18 Page 18 System on behalf of Sound Transit, and provided further that no unconsented assignment shall relieve Sound Transit of its obligations and liabilities under this Agreement. 17.2 Either party hereto may assign any monetary receivables due them under this Agreement; provided, however, such assignment shall not relieve the assignor of any of its rights or obligations under this Agreement. 17.3 Sound Transit acknowledges and agrees that the City may designate in writing a designee to (i) receive information, including information designated or identified as confidential, and notices under this Agreement, and (ii) provide certain approvals or consents required from the City under this Agreement. In the event of such designation, Sound Transit may rely on approvals or consents by such designee on behalf of the City as fully as if such actions were performed by the designator itself. 17.4 Neither this Agreement nor any term or provision hereof, or any inclusion by reference, shall be construed as being for the benefit of any party not a signatory hereto. SECTION XVIII. NOTICES 18.1 Unless otherwise provided herein, all notices and communications concerning this Agreement shall be in writing and addressed to (one copy each): Central Puget Sound Regional Transit Authority Attention: Deputy Executive Director DECM 401 South Jackson Street Seattle, WA 98104-2826 And to: City of Kent Attention: Public Works Director 400 W. Gowe Street Kent, WA 98032-5895 SECTION XIX. MISCELLANEOUS 19.1 This Agreement shall survive delivery and/or recordation of each may be granted hereunder. 19.2 Each party shall be responsible for its own costs, including legal fees, in negotiating or finalizing this Agreement, unless otherwise agreed by the Parties. GA 0046-18 Page 19 19.3 Sound Transit shall not be deemed in default with the provisions of this Agreement where performance was rendered impossible by war or riots, civil disturbances,floods, or other natural catastrophes beyond Sound Transit's control; the unforeseeable unavailability of labor or materials; labor stoppages or slowdowns; or power outages exceeding back-up power supplies.This Agreement shall not be revoked or Sound Transit penalized for such noncompliance, provided that Sound Transit takes immediate and diligent steps to return to compliance and to comply as soon as practicable under the circumstances without duly endangering the health, safety, and integrity of Sound Transit's employees or property, or health, safety,and integrity of the public, Public Rights of Way, public property, or private property. 19.4 This Agreement may be amended only by a written instrument executed by each of the parties hereto, save and except for revisions or modifications to Exhibit C as provided for in Section 2.1 herein. No failure to exercise and no delay in exercising, on the part of any party hereto, any rights, power or privilege hereunder shall operate as a waiver hereof except as expressly provided herein. 19.5 This Agreement constitutes the entire agreement of the parties with respect to the subject matters hereof, and supersedes any and all prior negotiations, oral and written, understandings and agreement with respect hereto. 19.6 Section headings are intended as information only, and shall not be construed with the substance of the section they caption. 19.7 This Agreement may be executed in several counterparts, each of which shall be deemed an original, and all counterparts together shall constitute but one and the same instrument. 19.8 Each party shall be responsible for resolving, and shall be liable for, its own public records requests. SECTION XX. LEGAL FORUM This Agreement shall be interpreted,construed and enforced in accordance with the laws of the State of Washington. Venue for any action under this Agreement shall be King County, Washington. SECTION XXI. INTERPRETATION This Agreement is executed by all parties under current interpretations of applicable federal, state or local statute, ordinance, law, or regulation. GA 0046-18 Page 20 SECTION XXII. SEVERABILITY In case any term of this Agreement shall be held invalid, illegal, or unenforceable in whole or in part, neither the validity of the remaining part of such term nor the validity of the remaining terms of this Agreement shall in any way be affected thereby. GA 0046-18 Page 21 IN WITNESS WHEREOF,each of the parties hereto has executed this Light Rail Transit Way Agreement by having its authorized representative affix his/her name in the appropriate space below. SOUND TRANSIT CITY OF KENT By: By: Peter off, C of E ecutive Officer Dana Ralph, Mayor l Date: Date: + I It I -t Authorized by Motion M2018-147 on Authorized by City Council on November 15th, 2018 November 61h, 2018 Appro a as to for Approved as t rm• By: Amy Pearsallalsel r"Pat" ric Senior Legal City Attorney GA 0046-18 Page 22 EXHIBIT LIST Exhibit A: General Description of Light Rail Alignment and Station Location(s) Exhibit B: Graphic Representation of Light Rail Alignment and Station Location(s) Exhibit C: Federal Way Link Extension Plans and Profiles Exhibit D: Track Access Procedures (June 15, 2015) GA 0046-18 Page 23 This Page Intentionally Left Blank EXHIBIT A: GENERAL DESCRIPTION OF LIGHT RAIL ALIGNMENT AND STATION LOCATION General Description of Federal Way Link Extension Alignment and Station Location in Kent Route: Approximately 2.5 miles from the northern City limits at Kent Des Moines Road in an elevated structure through 30th Ave S and the proposed Kent Des Moines Transit Center, and then in combination of retained fill, at-grade, and elevated structure to the existing Star Lake Park and Ride/ proposed S. 272nd Street Station and elevated structure to the southern City limits on the south side of S 272nd Street. Stations: Elevated south of Kent-Des Moines Road and west of 30th Ave S. Elevated west of the existing Interstate 5 off-ramp and north of S 272nd Street at the existing Star Lake Park and Ride. This Page Intentionally Left Blank EXHIBIT B: LIGHT RAIL ALIGNMENT AND STATION LOCATIONS City of Kent Transit Way Agreement This Page Intentionally Left Blank 3/9/2018 FWLE Phi 249745 TransitWa mxd Legend Alignment 11�At-Grade .a"h Illlllllllllll Elevated Trench ---•-City Boundary #3vE6 T777-r'WSDOT ROW Fit SeaTac w. --- _- Kent •! DES MOINES i I T 'F_ _ � �\0% i 7� es 1 � I , ' I �o ! i i i ;D_es Mones i '« If r* —Kerit J w� i ' 5'P, jr r FEDERAL I f WAY z Y U Z N _.._..�- —•mot J L� Service Layer Credits.Sources.Esri.HERE.DeLorme.Intermap,increment P Corp.,GEBCO,USGS,FAO, NPS,NRCAN.GeoBase.IGN,Kadaster NL,Ordnance Survey,Esri Japan,METI.Esn China(Hong Kong), EXHIBIT B•1 swisstopo.Mapmylndia,©OpenStreetMap contributors,and the GIS User Community N Light Rail Alignment and Station Locations City of Kent 0 75 150 300 450 Feet Federal Way Link Extension 3/Y2018 1 FWLE Phi 2497451 TrwftWa.mxd Legend — ---- ----� �Y Alignment fili At-Grade �; IIIIIIIIIIIIII Elevated •_-_ -—- Trench I _Station Platform 1 - —•---City Boundary " sM WSDOT ROW t 0 _ � ayi �Y o," Kent/Des Moines Station i ! F- � .� ,.� O d ❑ ZZ Y � I t (p 1 I r--- I I i r-t + I j i t I I } jz z - FEDERAL o WAY I z jY z I Z Z � Z I L. Service Layer Credits.Sources.Esri.HERE,DeLorme.Intermap.increment P Corp. GEBCO,USGS..FAO EXHIBIT B-2 NPS,NRCAN,GeoBase.IGN,Kadaster NL,Ordnance Survey.Esri Japan,METI,Esn China(Hong Kong). swisstopo,Mapmylndia,©OpenStreetMap contributors,and the GIS User Community Light Rail Alignment and Station Locations N City of Kent A0 75 150 300 450 Feet Federal Way Link Extension _m _a«_n _» _ \ \ Legend \ \ Alignment - \ At-Grade \: Elevated J eeerrh } \ —.--City Boundary f ƒ 2 TTT7-n Asp T ROW \ \ ƒ T > i } { . . . \ w } \ / Q \ { SERA: \ \ / \ ±; ƒ \ MO68 n J . °�. i | 6 \ \ Ra - - . | | \ . � � ^ . � . \ - � \ \ 2 E±9L \ \ 2 AX \ Service Layer Credits.Sources:Esh,ego_e,__m_e«ea\am\aGS,_, ,&may:_e.., �rwo_a+m.mJapan,vm ChinaAmy£ EXHIBIT®�r�m_!ro�+�contributors �the a&uram,my Light Rail A%eee%and S StationLocations N City of Kent 0 75 150 300 450 Fee! GAm Way Link Extension 3/9/2018 1 FWLE Ph3 249745 TransdWa mxd Far Legend Alignment At-Grade iIIIIIIIIIIIII Elevated Trench —•---City Boundary i--rr•WSDOT ROW DES MOINES r_ y I , Y y —A i i i I T .l i \ i + 1 r j ' I } I ~ FEDERAL i o Cc) WAY I z Y l I Z r ( Z I � _J Service Layer Credits Sources'.Esn,HERE,DeLorme,Inter-- ncrement P Corp.,GEBCO,USGS,FAO, EXHIBIT B•A NIPS,NRCAN,GeoBase,IGN.Kadaster NL.Ordnance Survey.Esn Japan,METI,Esn China(Hong Kong), swisstopo.Mapmylndia,©OpenStreetMap contributors,and the GIS User Community Light Rail Alignment and Station Locations N City of Kent A0 75 150 300 450 Feet Federal Way Link Extension NW2018 I FWLE Phi 249745 1 TransjtWaVMXd Legend Alignment At-Grade IIIIIIIIIIIIII Elevated *Trench —•—•�City Boundary n—- WSDOT ROW trt � Y y DES 3 MOINES r_ --I I j I j c_ __t 1 I j I I I j 1 I I z FEDERAL 1 a WAY z 1` Y U r Z Z 1 Service Layer Credits:Sources.Esn HERE.De7rme,Intermap.increment P Corp_.GEBCO.USGS.FAO. NPS.NRCAN.GeoBase.IGN.Kadaster NL,Ordnance Survey,Esn Japan.METI,Esn China(Hong Kong). EXHIBIT B•` swisstopo.Mapmylndia.©OpenStreetMap contributors,and the GIS User Community J N Light Rail Alignment and Station Locations A City of Kent 0 75 150 300 450 Feet Federal Way Link Extension 20 181 FWLE P63 2497451 TrwsitWa.mxd Legend Alignment SWUM At-Grade Elevated * Trench _Station Platform —•— City Boundary rrr WSDOT ROW l l 3 S 272nd Station � I a _ � Kent _Federa Way _._,_._ 1 0 0 3 FEDERAL f— Y WAY I z N Y f z Z 1 i I Service Layer Credits.Sources.Esn,HERE,DeLoune,Intermap,increment F USGS,FAO, EXHIBIT B•V NPS,NRCAN,GeoBase,IGN,Kadaster NL,Ordnance Survey,Esn Japan,MET,Esr Cnina(Hong Kong), EXHIBIT 1 V swisstopo,Mapmylndia,©OpenStreetMap contributors,and the GISUserCommunity Light Rail Alignment and Station Locations N City of Kent A0 75 150 300 450 Feet Federal Way Link Extension EXHIBIT C: PLAN AND PROFILES City of Kent Transit Way Agreement This Page Intentionally Left Blank o a LLLdV'N-SOl'JM033S - - U SZ Lzt m z ' W m z o au'13 as iv 10�zE'Olt X m a L w S 0r�n Zz Yd(mA a \ - 'w I WO k JU UZOF 9z'619 T a o ea S v - oo�oo.Laoe es w 4a a o i `--- \\ Lo'a L9 Q m \ \ N ■ i._.\�_\����\ tt�rawaa LL ■ ■ �,, �� i, j. 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Z W v Nos cto s s Sr 9 ur vi> z 1 I Z °t LU O LU SOU M-OLl DMU 339 $ z U �,vaoozaveat��3ev tzmsen�aysemxtxuonLMdo soli i nd eze i u,ea\L Y C m J t0 C C GJ C G1 f0 a s H EXHIBIT D: TRACK ACCESS PROCEDURES City of Kent Transit Way Agreement This Page Intentionally Left Blank a King County Department of Transportation T SOUNDTRANSIT Metro Light Rail Section RIDE THE WAVE Standard Operating SOP 6.15 Page 1 of 11 Procedure Date of Issue: June 26, 2015 Revision: 3 TRACK ACCESS PROCEDURES Approved: Date: .S �..� Michae Avery, Manager, K etro Rail Section Approved: r � Date: 4 - s'- i T- Paul Denison, Director, Sound Transit Light Rail Operations Approved: 72 _ � _ - Date: - -- ,,—,,, Tom Jones, Operations S erintendent, KC Metro Rail Section Approved: Date: Marie Olson, Link Transportation Manager, Sound Transit Light Rail 1.0 PURPOSE To provide the process for managing track access to the Link Light Rail System right of way including the Downtown Seattle Transit Tunnel (DSTT). 2.0 DEFINITIONS Controller—The designated employee on duty in the Link Control Center (LCC) having authority over the entire Light Rail System, including all rail and bus movement in the DSTT. Downtown Seattle Transit Tunnel (DSTT)—The tunnel portion of the Link Light Rail System located in the Seattle Central Business District which has joint operations of buses and light rail trains. Employee In Charge (EIC)—The designated KCM employee, with a current KCM Light Rail EIC training certificate, that is in charge of a work group. The EIC shall be assisted by flaggers when necessary. KCM — King County Metro Link Control Center (LCC)-The primary location for controlling, monitoring and dispatching the entire Link Rail System including rail and bus operations in the DSTT. Also used to address the controller in charge of the rail system at any given time. a King County T SOUNDTRANSIT Department of Transportation RIDE THE WAVE Metro Light Rail Section SOP 6.15 Page 2 of 11 Standard Operating Procedure Date of Issue: June 26, 2015 ( Revision: 3 TRACK ACCESS PROCEDURES Lockout and Tagout (LOTO)-A procedure for safely de-energizing a section of the OCS and/or TPSS to protect personnel working on or within 10 feet of the overhead. It requires the use of locks and tags, voltage testers, placement grounds, cables, strobes, cones, flags and signs. Overhead Contact System (OCS)-The overhead wires and equipment that distribute electric power from substations to light rail vehicles. Power and Facilities (P&F)-A work group of King County Metro responsible for trolley bus OCS and facilities maintenance including the DSTT. Power and Facilities authorization is required for any work planned in the DSTT. Red Tag—A red tag is used to lockout / tagout necessary systems when working within 10 feet of the OCS. A red tag for lock out / tagout may also be required for work on other elements of the system as designated by the KCM Rail Section Manager or designee. Right Of Way (ROW)—The area that extends 10 feet from the nearest rail and/or property dedicated to light rail operations. ST— Sound Transit Track Access — The management, scheduling, and authorization of access to employees and contractors to perform work on, near or adjacent to the right of way or any Sound Transit facilities. Track Access Coordinator—The individual designated by the KC Rail Manager or designee, responsible for the coordination and management of all work performed on the ROW by non-KCM personnel. Track Allocation Request/Work Permit Form—A document used by non-KCM personnel to request authorization to perform work on, near, or adjacent to the ROW. Once approved, the Track Allocation Request/Work Permit Form serves as written authorization to allow such work to be performed and restricted such work to specific areas and time periods. Herein referred to as permit requests or work permits once authorized. s King County Department of Transportation T SOUNDTRANSIT Metro Li ht Rail Section RIDE THE WAVE Standard Operating SOP 6.15 Page 3 of 11 Procedure Date of Issue: June 26, 2015 I Revision: 3 TRACK ACCESS PROCEDURES Trackway— The area extending 10 feet from the nearest rail not designated for public use or separated from the rail by a permanent, fixed barrier. Work Plan —An outline of all tasks or tests associated with work related to permit requests, including but not limited to: Date range of planned work, list of participant names, individual roles and responsibilities, detailed work description, maps, tools/equipment listing, and safety plan. WP&S —Way, Power, and Signal VM — Vehicle Maintenance 3.0 REQUIREMENTS 3.1 All persons except for KCM Rail Section personnel and KCM Power & Facilities (P&F) personnel must have an approved work permit prior to performing work within the Link ROW. 3.2 In order to ensure the safety of personnel and equipment, and the safe movement of trains along the Link alignment and buses in the DSTT, access to the ROW must be planned and approved by the KCM Track Access Coordinator prior to the performance of any work by non-KCM personnel. 3.3 All permit requests must include a comprehensive description of planned work. Work plans are required to adequately describe the scope of planned work. Work that is scheduled to last more than one week must have a work plan with each permit request submittal. 3.4 If permit requests include work that may either require access to the trackway or impact service, contact the Link Track Access Office at least 15 business days (3 weeks) prior to the desired start of work. 3.5 The KCM Track Access Coordinator reserves the right to refer permit requests and/or work plans to the appropriate KCM or ST Subject Matter Expert for technical review as needed. k1a King County T S©UNDTRANSIT Department of Transportation RIDE THE WAVE Metro Light Rail Section Standard Operating SOP 6.15 Page 4 of 11 Procedure Date of Issue: June 26, 2015 Revision: 3 TRACK ACCESS PROCEDURES 3.6 Any work planned to occur in the DSTT must be coordinated with both the KCM Track Access Coordinator and the KCM Power and Facilities Department. Work permits must be issued by both offices prior to DSTT work taking place. 3.7 The Rail Manager or designee has final authority concerning the issuance of work permits. 3.8 Rail Operations reserves the right to cancel authorization to work in the ROW at any time. 3.9 In the event of an emergency that requires immediate action to safeguard persons or property, LCC may permit immediate access to the ROW as needed without a permit. 3.10 Primary contractors and subcontractors are required to obtain permits for their work. Subcontractors will not be allowed to work under the permit of the primary contractor/permit holder. 3.11 If a permit requires support from KCM WP&S, KCM Facilities, KCM Vehicle Maintenance, and/or KCM Operations, coordination in advance is required. For these permits, notification to appropriate support department(s) of intent to use or to cancel the permit is required both 24 hours and 1 hour in advance of the start time. Failure to make these notifications to KCM will result in cancellation of the permit. 3.12 Permitted work must adhere to all conditions of the permit including permitted time, location and other restrictions. Performing work not identified on the respective permit will result in an immediate suspension of the work and revocation of the permit. 3.13 LCC must be contacted to open the permit before any work begins. LCC must be contacted to close the permit once all work is complete and all workers and equipment are clear of the ROW. Notifications to LCC are required each time before entering or exiting the trackway during the permitted time period. When an EIC has been assigned to a work group, k,9 King County Department of Transportation T SOUNDTRANsrr Metro Light Rail Section RIDE THE WAVE Standard Operating SOP 6.15 Page 5 of 11 Procedure Date of Issue: June 26, 2015 Revision: 3 TRACK ACCESS PROCEDURES the work permit shall be opened and closed by the EIC only. Work permits not requiring an EIC may be opened and closed by the individual designated on the work permit. 3.14 All personnel who perform work within the ROW must have successfully completed the appropriate tier KCM ROW safety training course. 3.15 All persons working in the ROW must have their ROW card in their possession. 3.16 All persons in the ROW, whether Link employees or others, shall immediately follow all orders from the LCC unless it is unsafe to do so. 4.0 PROCEDURES 4.1 To obtain a Track Allocation Request/Work Permit Form, contact the Link Track Access Coordinator at LinkTrackAccessCc)-soundtransit ora 4.2 The completed permit request must be submitted as a Word document to the Track Access Coordinator no later than Monday at 0800 for the Permit Week beginning the following Monday. The Permit Week begins each Monday morning at 0001 and ends the following Sunday at 2400. Note: Time sensitive work, as determined by KCM, that was not requested by the deadline may be approved at the discretion of the Track Access Coordinator. 4.3 Work plans shall be submitted with the Track Allocation Request/Work Permit Form. Note: Work plans involving SCADA systems must be approved by the Sound Transit IT SCADA Engineer and the KCM SCADA Chief prior to submitting a permit request. 4.4 Each Tuesday, the Track Access Coordinator shall meet with KCM Rail Department representatives to review permit requests and any s King County T SOUNDTRANSIT Department of Transportation RIDE THE WAVE Metro Light Rail Section Standard Operating SOP 6.15 Page 6 of 11 Procedure Date of Issue: June 26, 2015 Revision: 3 TRACK ACCESS PROCEDURES associated work plans. Representatives from all Rail shall be given the opportunity to review permit requests and associated work plans. Support requirements, operational constraints and availability are determined at this meeting. 4.5 Permit requestor(s) or representatives must attend the Track Access Coordination meeting conducted at 1300 on Wednesdays at the Link Operations and Maintenance Facility (OMF) 3407 Airport Way South, Seattle, WA 98134.At this meeting, permit requestor(s) or representatives will meet with KCM and ST staff. The upcoming week's track access schedule will be reviewed and scheduling conflicts or questions concerning the work will be discussed. Note: If the permit requestor or assigned representative is not present at the meeting, the requested permit may not be approved at the discretion of the Track Access Coordinator. 4.6 Permits are subject to additional requirements as specified by KCM Rail Operations. 4.7 The Track Access Coordinator has final signature authority for issuance of all permits. 4.8 Following signature approval, a PDF file of the original permit will be sent to the requestor no later than the end of business Friday. 4.9 The Track Access Coordinator will produce and distribute a Track Access Report by the end of business on Friday. Report shall include all approved work permits. 4.10 Copies of all approved w o r k permits will be placed in the track access log book kept at the LCC. 4.11 The permit requestor, after receiving a copy of the completed and approved work permit, may plan the work per the instructions on the approved work permit. a King County Department of Transportation T SOUNDTRANSIT Metro Light Rail Section RIDE THE WAVE Standard Operating SOP 6.15 Page 7 of 11 Procedure Date of Issue: June 26, 2015 Revision: 3 TRACK ACCESS PROCEDURES 4.12 A copy of the approved work permit must be in the possession of the work party at the worksite. Failure to produce a valid work permit upon request will result in removal of the work party from the ROW. 4.13 Once issued, the conditions on a work permit will not be revised. If changes to any conditions are needed, such as day, time, worker protections, etc. then the permit must be cancelled and a new permit issued. 5.0 RESPONSIBILITIES 5.1 LCC may grant special authorization to commence emergency work as needed without a work permit. 5.2 Permit Requestors 5.2.1 As required by KCM, permits requestors must have an approved work permit and associated work plan prior to commencement of work. 5.2.2 Permits are required regardless of the scope of work. A copy of the approved work permit must be in the possession of the work party at the worksite. Failure to produce a valid work permit upon request will result in removal of the work party from the ROW. 5.3 Employee in Charge (EIC) 5.3.1 The EIC shall open and close work permits with LCC. The EIC shall only close work permits after confirming that all personnel, equipment and material are clear of the ROW and that all systems have been restored to their normal state. 5.3.2 Conduct a job/safety briefing with the contractor and crew prior to the start of work a King County T SOUNDTRANSIT Department of Transportation RIDE THE WAVE Metro Li ht Rail section SOP 6.15 Page 8 of 11 Standard Operating Procedure Date of Issue: June 26, 2015 Revision: 3 TRACK ACCESS PROCEDURES 5.3.3 Suspend all work activities if any member of the contractor work crew is found to be in violation of the conditions of the contractor work permit(s) or does not have a valid permit onsite. 5.4 Link Control Center 5.4.1 Facilitate immediate access to the ROW in the event of an emergency. 5.4.2 Authorize access to the Link ROW to those performing routine maintenance if access does not unduly affect the safe, efficient movement of trains or buses. 5.4.3 Inform operators of workers and work parties entering and leaving the trackway. 5.4.4 Coordinate activities with those performing work to ensure minimal impact on train and bus movement as well as automobile and pedestrian traffic. 5.4.5 Coordinate non-routine activities and assist with sectionalization as required. 5.4.6 Suspend work permits if required to ensure the safety of people and/or property, or during major service interruptions where the need to restore service is critical. 5.4.7 Ensure all work activities being performed within the Link ROW are recorded in the Track Access Permit Log, The EIC for each permit, if applicable, should be included on this log. 5.5 Field Supervisors 5.5.1 Monitor and report ROW activity violations or unsafe conditions to LCC. 6.0 APPENDICES a King County Department of Transportation T kuNDTRANSIT Metro Li ht Rail Section RIDE THE WAVE Standard Operating SOP 6.15 Page 9 of 11 � Procedure Date of Issue: June 26, 2015 Revision: 3 TRACK ACCESS PROCEDURES Appendix1: Track Access Request/Work Permit Form Appendix2: Track Allocation Work Plan Template 7.0 SUMMARY OF CHANGES Initial Issue-3/7/08 Revision1-4/3/09 • Changed the signature block and minor text changes in the body of the document. • Revised Track Access Request/Work Permit Form Revision2-6/27/13 Updated Definitions section • Updated Requirements section • Updated Procedures section Revision3-6/26/15 • Updated Definitions section • Updated Responsibility section • Updated Procedures section • Updated Requirements section • Updated Appendix • Complete Revision sit King County T SOUNDTRANStT Department of Transportation RIDE THE WAVE Metro Light Rail Section Standard Operating SOP 6.15 Page 10 of 11 Procedure Date of Issue: June 26, 2015 Revision: 3 TRACK ACCESS PROCEDURES Appendix1: Track Allocation Request /Work Permit Form L9 «�Y TRACK ALLOCATION REQUEST(WORK PERMIT FORM LCC 2054IT7 Pemit#PL42- cwmh, 'a4, , Man CWA Row i t)P-ar Veak 10 0=_Poorest LOCRIM d Wux NORTH o WU71Hsw OWE Fad DW o kL_'x PROTECTION REQUYJD D#ffer"TPS3 Ladaut Tape Wark Zan x'M uM 910 an M- D*&W2W OC s :a ras cn t er rtve:ce Lodaut Lade rlagga's Raqurad ro-r. s pat lnagme ocs GaAs Lac=fi wwffe: 4ste Tua Ra r alO rwy re tCC ay races a TP r urdw a lm tap d tas pamn p+a<a w"tie a V tine 1%WeV -WW IN &XXX ae3,tP_scope ofTe wat datg:5.a1tl upm 'IMat of Te t Al SUM MW=q=ROW=31 e1 Min.;a 10 0o so WW L ra5o to wagatm ar tres parr.1 by JP LCC a KC M_to Ugle nos aperaoms Pains ffa i nay r W aw un the rws aq OCIUMMa 0 tn>IC pamn ata rt#3reba try tF3fL Tres P3mii may to ra�1 at ary tine tar vl:i2sm at nos�n_g ar as 0z3r�?tl ttx�ssay tar 8w sara)r at pererma ana'-4 Ca*actars R-.(and OM13,1 raanw Dam KCM x persllee Qa� lot 3aer T(adfon p"W W:MeW.4)= n ReabIdW Aazee OMM: M5 ea-,;aa cm M5-ea3 7m a 206-c3-3ett cas inn Wat BUIcEm 205 255-73N eza inn Sr&V =295-5=es a eeAoat4Wwffi0ede.0 j=,t=vc--z✓ Trade Pot:MXALaIsm AARWM 0 C-mW ❑ 2D5-255-77M ci.205 9M 771a aC 206-255- z as 205-903r7723 gmrurmrer�earetrss+Laa KCb1 LMiK sett am SMaftr ,Kaft Ma'Ca1t21'G 903-71'i?Z KatN.A+Ot]31�4t � . IWORTAW Permit must be available for review and on the work site at all times. nr_rar_an.o+at j T=%ACcess C;.= =t M.Cam a cl=CWC=IJF e0p1 v-.cx sr�tm ors::t�+i King County Department of Transportation T SOUNDTRANsa Metro Light Rail Section RIDE THE WAVE Standard Operating SOP 6.15 Page 11 of 11 Procedure Date of Issue: June 26, 2015 Revision: 3 TRACK ACCESS PROCEDURES Appendix2: Work Plan Template EXAMPLE TRACK ALLOCATION WORK PLAN Please none Thal downmr mat aot 4w onay ara does nor conwwre dN Doty rylm or wWaale awx Pon. TbW dowmor oudom rM gpw or a norm n needed m aeceee rrcx m dw SYRM aW de[ermtm rupporrrequarWMrc &Mng'raeermee all uadstry rarWWMW aW carn4p;KW6 6 orWWx p1W& Date: S UBMITTE D BY(name and contact information): APPROVING AUTHORITY FOR THI S WORK(Sound Transit Project hta na gz r or other Approving Authority—name and contactinformatior): Description of Work: P ropose d W ork Start Date: Durati on of Project(►ra multiple weekprojecf what progress point are you working in-- -Give info by Week,example week 1 of4,etc.) Schematics B DrawingsAdached(YIN): Employees on site:(Give names of all employees on site) ROINTrainingComplete: (YIN,indicate for each employee): LI ST OF EQUPMENT: Materials: Vehicles: Staging locations: SUPPORT REQUIRED: Department EIC: Support only: Other: SAFETY PLAN: Safety Requirements: PPE: KENT Agenda Item: OTHER BUSINESS - 9A W a 5 Y 1 N G T ON TO: City Council DATE: November 6, 2018 SUBJECT: Agreement between the City of Kent and Sound Transit for Grant of Nonexclusive Use of a Light Rail Transit Way as Related to the Federal Way Link Extension Light Rail Transit Project - Authorize MOTION: Authorize the Mayor to sign the agreement between the City of Kent and Sound Transit for Grant of Nonexclusive Use of a Light Rail Transit Way as Related to the Federal Way Link Extension Light Rail Transit Project. SUMMARY: For consideration by the Council is the "Transit Way Agreement" between Kent and Sound Transit. This agreement provides Sound Transit the authority to construct, operate, maintain and own the light rail system on, under, and over property in which the City has and will retain an ownership interest, such as City streets and sidewalks. The Federal Way Link Extension Project is part of the Sound Transit 2 and Sound Transit 3 Plans for which voters approved financing in 2008 and 2016 respectively. Within the City of Kent, the project includes two stations and two parking garages on the west hill located on 30th Avenue South and the Star Lake Park and Ride. In 2015, the City submitted a letter to the Sound Transit Board stating its preference for Sound Transit's preferred project alignment and profile which balanced stakeholder interests, maximized safety and promoted transit-oriented development. In January 2017, the Sound Transit Board defined and selected the alignment from Angle Lake Station south along Interstate 5 with stations in the Kent-Des Moines area and at the South 272nd Street Star Lake Park and Ride in Kent. Anticipated travel time from Kent-Des Moines station to Seattle is 46 minutes. Working with key stakeholders including the cities of Kent and Des Moines and Highline College, station design concepts have been advanced and refined. Sound Transit and the Federal Transit Administration ("FTA") have jointly followed National and State Environmental Policy Act requirements, culminating in a Final Environmental Impact Statement in 2016 and FTA's Record of Decision in 2017. The City Council adopted the Midway Subarea Plan in 2011 in anticipation of the project. This plan provided the basis for decisions related to design, layout, and development, as staff from both agencies refined the station concepts and drafted agreement language. City staff from several departments participated in the negotiation of a Development Agreement to ensure that city interests are protected, and the public interest will be served by this project. The Development Agreement sets forth the roles, responsibilities, code requirements and deviations, permitting framework, design review approach, street standards, vesting, stormwater management, pavement restoration, wetland mitigation, surplus property partnership, preferred design concepts, maintenance responsibilities and parking mitigation. The Development Agreement also includes a fee-in-lieu for landscape maintenance in the right-of-way, meaningful participation in the surplus property process, parameters for city review to protect staff resources, security measures to ensure clean and safe restrooms for transit riders, and an urban multimodal street grid that will meet the needs of all users. The Development Agreement was considered by the Council following the Public Hearing that occurred earlier during this Council meeting. In addition to the Development Agreement, the City of Kent and Sound Transit have negotiated a grant of non-exclusive use of a Light Rail Transit Way for the project in the city (the Transit Way Agreement). The Transit Way Agreement covers portions of certain public rights of way (e.g. streets, sidewalks, etc.), depicted in Exhibit A to the Transit Way Agreement. The Transit Way Agreement provides Sound Transit the authority to construct, operate, maintain and own the light rail system on, under, and over property in which the City has and will retain an ownership interest. Once executed, the Transit Way Agreement will remain in effect for as long as the project is used for public transportation purposes. The project was presented to Council committees at least ten times over several years (each Economic and Community Development Committee meeting between July 2017 and February 2018, as well as June 11, 2018 and at the Public Works Committee on June 18, 2018). The project was also presented at six City Council workshops over several years (July 5, 2016, December 13, 2016, May 2, 2017, August 15, 2017, March 20, 2018 and September 18, 2018). EXHIBITS: Transit Way Agreement with Exhibits/Appendices BUDGET IMPACTS: None. The City was reimbursed by Sound Transit for City staff time dedicated to the Transit Way Agreement. STRATEGIC PLAN GOAL(S): Evolvina Infrastructure- Connecting people and places through strategic investments in physical and technological infrastructure. Thrivina City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. Sustainable Services-Providing quality services through responsible financial management, economic growth,and partnerships.