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Home My WebLink AboutPW18-254 - Supplement - WSDOT - MOU: Puget Sound Gateway Program Local Funding and Phasing - 10/25/2019 GCB 3093 INTERLOCAL AGREEMENT BETWEEN WSDOT / City of Kent This INTERLOCAL AGREEMENT (Agreement) is entered into between the Washington State Department of Transportation (WSDOT) and the City of Kent (City), individually referred to as the "Party" and collectively referred to as the "Parties." RECITALS A. Pursuant to Chapter 39.34 Revised Code of Washington (RCW), Interlocal Cooperation Act, the Parties desire to enter into an agreement with one another in order to jointly establish a mutual and cooperative system to carry out their respective obligations of this Agreement for the construction of the Puget Sound Gateway Program (PROGRAM). One component of the PROGRAM is the State Route (SR) 509 Completion Project (PROJECT). In 2015, the Washington State Legislature funded the construction of the PROGRAM through the Connecting Washington revenue package, including the Puget Sound Gateway Program. The Puget Sound Gateway Program includes two projects: the SR 167 Completion Project and the SR 509 Completion Project. B. The Legislature directed that $130 million of the $1.875 billion PROGRAM funding must come through local funding sources. C. The City entered into a Local Funding and Phasing Memorandum of Understanding (MOU) with WSDOT (Attachment A), which commenced on July 1, 2018. This MOU acknowledges that the City is one of eighteen (18) Local Agency Partners committed to provide matching funds/contributions commensurate with the local benefits expected to be accrued from the PROJECT. The MOU was signed by the WSDOT Secretary of Transportation and 18 local agencies in King and Pierce Counties identifying a grant focused strategy to fund smaller local nexus projects. A local nexus project in Kent is the extension of Veterans Drive west of Military Road under 1-5 connecting to the future SR 509 and improving the Kent Des Moines Road interchange. D. The City, in support of the PROGRAM, including the PROJECT, is willing to contribute matching funds towards the required local contribution in the amount of $2 million. E. In an effort to help meet the local funding obligation, in 2018, the City applied for and received a $4 million dollar Puget Sound Regional Council grant for the Veteran's Drive Extension, all of which will be applied to the $130 million required to come through local funding sources. F. The $2 million dollar local contribution to be provided by the City will be used to equally support Stage 1 b ($1 million dollars) and Stage 2 ($1 million dollars) of the PROJECT, including the Veteran's Drive Extension. NOW, THEREFORE, pursuant to Chapter 39.34 RCW, the above recitals that are incorporated herein as if fully set forth below, and in consideration of the terms, conditions, covenants, and performances contained herein, and Attachments A and B incorporated and made a part hereof, the Parties agree as follows: Page 1 of 5 GCB 3093 1. General 1.1 This Agreement quantifies the City's required local contribution to be applied specifically towards the PROJECT and defines the roles and responsibilities between the Parties for delivery of the PROJECT. 1.2 The PROJECT is described as Stage 1 b, which includes reconstructing the SR 516 interchange, constructing a northbound auxiliary lane, constructing a southbound auxiliary lane from the S. 200th Street Interchange ramp to a new southbound collector-distributor (CD) road along Interstate 1-5 and constructing the southbound braided ramps. The PROJECT will also construct the SR 509 mainline from 1-5 to the 28th/24th Avenue S. interchange, including the ramps to and from 28th/24th Avenue S to the south. Stage 1 b will also include reconstruction of the 216th Street bridge, construction of one toll point, and restoration of S. 208th Street's connection to SR 99. Stage 2 of the PROJECT includes a southbound auxiliary lane on 1-5 from Kent Des Moines Road to S. 272nd Street. 1.3 This Agreement is effective upon the last date of execution of both Parties and will terminate when the southbound 1-5 auxiliary lane from Kent Des Moines Road to S. 272nd Street, identified in Stage 2, is constructed and reaches final completion, unless the Agreement is mutually extended by the Parties. 2. WSDOT Responsibilities 2.1 WSDOT shall design and construct the PROJECT to be consistent with the Proposed Design Alternative (Attachment B) for Stage 1 b and Stage 2 respectively. 2.2 WSDOT shall provide the City with a written notice of commencement of the PROJECT'S construction at least thirty (30) days prior to the start of construction (commencement date). 2.3 WSDOT shall coordinate and seek concurrence from the City on any significant deviations from the Proposed Design Alternative within the City contemplated during implementation of the PROJECT. 2.4 The City agrees to assign the PSRC Grant to WSDOT for the completion of the Veterans Drive portion of the project within Stage 1 B. As such, WSDOT agrees to complete all grant administration necessary to meet grant obligations. WSDOT agrees to use the PSRC Grant funds for construction only. 3. Payment 3.1 The City agrees to pay a local contribution to the PROJECT in the amount of $2 million dollars to WSDOT for the construction costs associated with the PROJECT, split evenly between Stage 1 b and Stage 2. Page 2 of 5 GCB 3093 3.2 WSDOT will invoice the City in two (2) payments of $1 million dollars (for a total of $2 million dollars). WSDOT shall submit invoices to the City as follows: • WSDOT will submit the first invoice during the SR 509 Stage 1 b construction period, but no sooner than January 2, 2025, provided that the substructure for the 1-5 crossing over Veterans Drive is complete. If the substructure is not complete by January 2, 2025, WSDOT will submit the invoice 30 days after its completion. • WSDOT will submit the second invoice during the SR 509 Stage 2 construction period, following the completion of the southbound 1-5 auxiliary lane pavement from Kent Des Moines Road to S. 272nd Street. The City shall pay the invoice within thirty (30) days of receipt. 4. Contract Administration 4.1 The Parties do not by this Agreement create any separate legal or administrative entity. The Secretary of Transportation or his designee and the City of Kent designee as noted in Section 8 of this Agreement shall be responsible for working with each other to administer the terms of this Agreement. The Parties do not intend to jointly own any real or personal property as part of this undertaking. The Parties will cooperatively work together to further the intent and purpose of this Agreement. 5. Dispute Resolution 5.1 In the event that a dispute arises between the CITY and WSDOT at any time during the course of the PROJECT, the Parties agree to negotiate at the Project Manager level to resolve any issues. Should such negotiations fail to produce a satisfactory resolution, the Parties agree to elevate negotiation to the senior management level before proceeding to other legal remedies. 6. Indemnification 6.1 To the extent permitted by law, WSDOT and the City shall protect, defend, indemnify, and save harmless each other, their respective officers, officials, employees, and agents, while acting within the scope of their employment as such, from any and all costs, claims, judgment, and/or awards of damages, arising out of, or in any way resulting from, Indemnifying Party's negligent acts or omissions. Neither WSDOT nor the City will be required to indemnify, defend, or save harmless each other if the claim, suit, or action for injuries, death, or damages is caused by the sole negligence of the other party. Where such claims, suits, or actions result from concurrent negligence of WSDOT and the City, the indemnity provisions provided herein shall be valid and enforceable only to the extent of WSDOT's or the City's own negligence. WSDOT and the City agree that their respective obligations under this subsection extend to any claim, demand, and/or cause of action brought by, or on behalf of, any of its employees or agents. For this purpose, WSDOT and the City, by mutual negotiation, hereby waive, with respect to the other party only, any immunity that would otherwise be available against such claims under the industrial insurance provisions of Title 51 Page 3 of 5 GCB 3093 RCW. In the event that WSDOT or the City incurs any judgment, award, and/or cost arising therefrom, including attorneys' fees, to enforce the provisions of this section, all such fees, expenses, and costs shall be recoverable by the prevailing party. This indemnification shall survive the termination of this Agreement. 7. Venue 7.1 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 agree that any such action or proceedings shall be brought in King County Superior Court. Further, the Parties agree that each will be solely responsible for payment of their own attorneys' fees, witness fees, and costs. 8. Contacts and Notices 8.1 Contact between the Parties, including but not limited to invoicing, agreement administration, and notices will be directed to the below identified contacts as follows or his/her designee or such other addresses as either Party may, from time to time, designate in writing: City Project Manager shall be: Timothy J. LaPorte, PE WSDOT Project Manager shall be: Public Works Director Susan Everett, PE 400 West Gowe 999 3RD Ave Ste 2200 Kent, WA 98032 Seattle, WA 98104 (253) 856-6500 (206) 805-5422 Email: tlaporte(a kent.wa.gov Email: EverettS(a_wsdot.wa.gov 9. Amendment 9.1 This Agreement may be amended or modified only by the mutual agreement of the Parties. Such amendments or modifications shall not be binding unless they are in writing and signed by persons authorized to bind each of the Parties. 10. Entire Agreement 10.1 This Agreement constitutes the entire understanding and agreement between the parties as to the subject matter herein and no other agreements or understandings, written or otherwise, shall be binding upon the parties upon execution of this Agreement. 11. Severability 11.1 Should any clause, phrase, sentence or paragraph of this Agreement or its application be declared invalid or void by a court of competent jurisdiction, the remaining provisions of this Agreement or its applications of those provisions not so declared shall remain in full force and effect. Page 4of5 GCB 3093 12. No Third-Party Beneficiaries 12.1 This Agreement is executed for the sole and exclusive benefit of the signatory Parties. Nothing in this Agreement, whether expressed or implied, is intended to confer any right, remedy or other entitlement upon any person other than the Parties hereto, nor is anything in this Agreement intended to relieve or discharge the obligation or liability of any third-party, nor shall any provision herein give any third-party any right of action against any party hereto. 13. Audits/Records 13.1 All records for the PROJECT in support of all costs incurred shall be maintained by WSDOT for a period of three (3) years after acceptance as defined in WSDOT's Construction Manual M 41-01.32, Chapter 10. The City shall have full access to and right to examine said records, during normal business hours and as often as it deems necessary. Should the City require copies of any records, it agrees to pay the costs thereof. The Parties agree that the work performed herein is subject to audit by either or both Parties and/or their designated representatives, and/or the federal/state government. In Witness Whereof, the Parties hereto have executed this Agreement as of the date last written below. City of Kent Washington State Department of Transportation By: By: Prin Printed: Title: Title: /� Ct> GYc/1Y AteOFl 7 AV7 &'Z;-t, Icy Date: Date: Approved as to Form Approved as to Form City of Kent Vya�hington S e m Dep ,Ont of TraAsportation By- By: Prin ed: Prinfe : Scott Lockwood hrc5fi'nA ECAUCc _ l Titl �,I Or Title: Assistant Attorney General Asslshtn� Date: `o Date: Page 5 of 5 GCB 3093 ATTACHMENT A Adw� Washington state Transportation Building 310 Maple Park vI/ DepartrneM of Wansportathm P.O.Box 4 300 Avenue S.E. Olympia,WA 98504-7300 360-705-7000 TTY:1-800-833-6388 www.wsdot.wa.gov June 28, 2018 The Honorable Steve Hobbs The Honorable Judy Clibborn Chair Chair Senate Transportation Committee House Transportation Committee P.O. Box 40444 P.O. Box 40600 Olympia, WA 98504-0444 Olympia, WA 98504-0600 The Honorable Curtis King The Honorable Mark Hannsworth Ranking Member Ranking Member Senate Transportation Committee House Transportation Committee P.O. Box 40414 P.O. Box 40600 Olympia, WA 98504-0414 Olympia, WA 98504-0600 In the 2017 Legislative session, Engrossed Senate Bill 5096 Section 306(20)(b) directed WSDOT to develop a Memorandum of Understanding(MOU)to fund the $130 million from local agency partners for the Puget Sound Gateway Program included in the 2015 Connecting Washington transportation revenue package. Engrossed Senate Bill 5096 stated that: The secretary of transportation must develop a memorandum of understanding with local project stakeholders that identifies a schedule for stakeholders to provide local matching funds for the Puget Sound Gateway project. Criteria for eligibility of local match includes matching funds and equivalent in-kind contributions including, but not limited to, land donations. The memorandum of understanding must be finalized by July 1, 2018. The department must submit a copy of the memorandum of understanding to the transportation committees of the legislature and report regularly on the status. In October 2017, WSDOT began a stakeholder process to help establish the local contributions necessary to achieve the $130 million in local funding. The resulting Funding and Phasing Subcommittee, made up of 18 affected jurisdictions, has met five times. From this group, a grant-focused strategy emerged as the most feasible way to fund the $130 million. A key element of the grant-focused strategy was to identify smaller project elements within the Gateway Program that provide clear and measurable benefits to local jurisdictions, called "Local Nexus Projects." The Funding and Phasing Subcommittee met regularly to establish a process for determining benefits derived from the Local Nexus Projects, align on contributions, and develop the MOU. GCB 3093 Page 1 of 12 Puget Sound Gateway Program Memorandum of Understanding June 28, 2018 Page 2 All 18 jurisdictions have endorsed and signed the attached Local Funding MOU. Additionally, WSDOT and our local agency partners have already submitted four grant applications this spring for the Local Nexus Projects. We submitted three applications with the Puget Sound Regional Council (PSRC) and one with the Freight Mobility Strategic Investment Board (FMSIB). We received the FMSIB grant and two PSRC grants,totaling $13 million,which combined with local match funding,brings the local contribution amount to over$26 million for this initial grant cycle. If you have any questions or would like to meet for an update on the Puget Sound Gatewarogram, please feel free to contact me. Sincerely, Roger Millar, PE, FASCE, FAICP Secretary of Transportation GCB 3093 Page 2 of 12 Puget Sound Gateway Program SR 167 and SR 509 Completion Projects Local Funding and Phasing Memorandum of Understanding 1. Participating Parties In addition to the Washington State Department of Transportation (WSDOT),the following Local Agency Partners constitute those parties currently participating in this Memorandum of Understanding pertaining to the local contribution requirement for the Puget Sound Gateway Program (Gateway Program): • Port of Seattle • City of Burien • City of Milton • Port of Tacoma • City of Des Moines • City of Pacific • King County • City of Edgewood • City of Puyallup • Pierce County • City of Federal Way • City of SeaTac • City of Algona • City of Fife • City of Sumner • City of Auburn • City of Kent • City of Tacoma 2. Background and Purpose of MOU In July 2015,the Washington State Legislature and Governor Inslee acted to fund the Gateway Program through the Connecting Washington revenue package. The Gateway Program is comprised of two projects:the State Route 167 Completion Project and the State Route 509 Completion Project.These projects provide essential connections to the ports of Tacoma and Seattle and will help ensure that people and goods move more reliably through the Puget Sound region. WSDOT is the lead project sponsor and is responsible for the planning, design and construction of the Gateway Program, as well as for its overall financial management. The program has been guided from its beginning by a Joint SR 167/SR 509 Executive Committee (Executive Committee), comprised of elected and appointed representatives of local jurisdictions served by the Gateway Program (Algona, Auburn, Burien, Des Moines, Edgewood, Federal Way, Fife, Kent, Milton, Pacific, Puyallup,SeaTac, Sumner,Tacoma, King County, Pierce County, Port of Seattle, and Port of Tacoma) as well as Federal Highway Administration, Washington State Transportation Commission, Washington State Department of Transportation, Puget Sound Regional Council, Sound Transit, Pierce Transit, and the Freight Mobility Strategic Investment Board. Funding for the Gateway Program has been approved to come from the state gas tax,tolls, local contributions, and potential federal and state grants. Total funding for the Gateway Program, from the 2015 Connecting Washington transportation funding package, is$1.875 billion, which includes local contributions of$130 million.The program has been funded over a 16-year RATIFICATION FINAL Funding and Phasing MOU 1 6/28/2018 GCB 3093 Page 3 of 12 timeline. Based on the legislative funding plan, major construction for a first stage would occur from 2019 through 2025, and a second stage from 2026 through 2030. Local contributions will be needed to construct both stage one and stage two projects. In the 2017 Legislative session new language was enacted (Engrossed Senate Bill 5096§ 306(20)(b)) requiring development of a Memorandum of Understanding(MOU) between the Local Agency Partners and WSDOT. The legislature directed that: The secretary of transportation must develop a memorandum of understanding with local project stakeholders that identifies a schedule for stakeholders to provide local matching funds for the Puget Sound Gateway project. Criteria for eligibility of local match includes matching funds and equivalent in-kind contributions including, but not limited to, land donations. The memorandum of understanding must be finalized by July 1, 2018. The department must submit a copy of the memorandum of understanding to the transportation committees of the legislature and report regularly on the status. To this end,the Executive Committee of the Gateway Program convened a Funding and Phasing Subcommittee (Subcommittee)to develop a MOU that summarizes their planned future commitments and planned timing of those commitments to contribute to the SR 167 and SR 509 projects. The Subcommittee goals include: • Support efforts to build the Gateway projects on or ahead of schedule • Create successful local partnerships • Obtain sufficient local funding to build the Puget Sound Gateway projects • Time grant-funding projects to support the project delivery schedule The construct of local funding participation,when authorized by the legislative bodies of the relevant agencies through a series of forthcoming interlocal agreements, is based on the following projections: SR 167 SR 509 TOTAL Port contributions $30 million $30 million $60 million Federal INFRA grant $10 million $10 million $20 million Local agency partner $10 million $10 million $20 million match Other Grants (PSRC, $20 million $10 million $30 million FMSIB,TIB) Total $70 million $60 million $130 million 3. Local Funding Strategy A key element of the local funding strategy is to identify projects within the Gateway Program that provide clear and measurable benefits to local jurisdictions. In the Gateway Program,these are called "Local Nexus Projects," are designed to: RATIFICATION FINAL Funding and Phasing MOU 2 6/28/2018 GCB 3093 Page 4 of 12 • Create a positive business case for Local Agency Partners by focusing on the parts of the program that are most relevant and important to local jurisdictions • Leverage the potential to access significant grant funding to support local funding assumptions In support of the local funding strategy, Local Agency Partners shall: • Participate, co-fund match, and submit grant applications with support from Subcommittee staff, as identified in Section 6 of this MOU • Combine local monetary and in-kind contributions and project funds to ensure fully- funded applications, as identified in Section 6 of this MOU • Support the grant effort and avoid competition with the local projects in the year of application The following Local Nexus Projects have been identified within the north (SR 509) and south (SR 167) segments of the Gateway Program: Gateway North (SR 509) Gateway South (SR 167) 188th South Ramps Meridian West Ramps SeaTac Access,with Ramps to 281h/24th 54th Avenue East Ramps Avenue South Veterans Drive Extension Interurban Trail Lake to Sound Trail Valley Avenue West Ramps Port of Tacoma Access/SR 509 Spur 70th Avenue E Bridge Relocation If Local Nexus, INFRA, and any other pending grant projects become fully funded,these projects will contribute substantially toward the Legislative requirement for local match. Funding commitments will be achieved via an interlocal agreement from each signing party up to the amounts presented in this MOU. Local Agency Partner signatories to this MOU understand that once the local contribution requirements set forth in ESB 5096 ($130 million) is achieved,that Local Agency Partners will not be required to commit to additional funds beyond what is outlined in this MOU. If additional grant funding or additional funds from other sources are obtained that fulfill the $130 million local contribution requirement,the Secretary of Transportation and the Executive Committee will review and determine to either reduce local agency partner match payments, or recommend expanding scope of the Gateway Program, and amend each signing party's interlocal agreement accordingly. 4. Local Participation Policy The Joint Executive Committee has agreed to a funding and phasing policy that structures local agency partner match requirements to be commensurate with the benefits accrued from the project at a local level. This policy states that: RATIFICATION FINAL Funding and Phasing MOU 3 6/28/2018 GCB 3093 Page 5 of 12 All local agency partners accrue some benefit from the Puget Sound Gateway Program. Partners receiving fewer benefits, however, are not expected to contribute as much as partners who receive more benefits. Direct benefits are those that are most quantifiable, but there are other components of value that include indirect, strategic and policy/social benefits. Both direct and indirect benefits will be assessed as part of the consideration of local contributions, because they are more easily quantifiable than strategic and policy/social benefits. All Local Agency Partner signatories of this MOU expect to seek approval of interlocal agreements to contribute a match to be applied to Local Nexus Projects at a level that reflects their respective anticipated level of benefit, as identified in Section 6 of this MOU. S. Benefit Assessment Methodology The proposed financial participation by each partner is based on a general, qualitative assessment of the net benefits expected to be received by full completion of the Gateway Program.The assessment includes the following metrics, based on available project data and transportation modeling outputs: • Direct transportation linkages.The location of direct access points for new limited access highways or other transportation infrastructure that benefits the community. • Effects on local sales taxes.The impacts of the projects to sales tax receipts, both in terms of one-time construction sales taxes for the project, and ongoing sales taxes from impacts to commercial uses. • Travel time savings. Overall travel time savings for local car and truck traffic associated with the projects. • Traffic diversion from local streets.The diversion of, or increase in,traffic on local arterials due to the project, with associated positive impacts to traffic safety and local road maintenance. • Effects on local employment.The potential effects of improved accessibility are reviewed, particularly in the context of access to new or potential employment uses. • Effects on developable residential lands.The potential impacts of changes in traffic flow and accessibility on residential land development,with a focus on areas within the jurisdiction that are available for redevelopment. • Effects on developable employment lands.The potential impacts of changes in traffic flow and accessibility on the development or redevelopment of commercial and industrial lands. • Achievement of local policy goals.The alignment of the WSDOT Gateway Program with local plans and policies. • Environmental and social benefits. Environmental and social benefits specifically linked to these projects, including upgrades to pedestrian and cycling infrastructure, and wetlands and riparian restoration. The approach and findings of the benefits assessments have been provided to the Local Agency Partners. RATIFICATION FINAL Funding and Phasing MOU 4 6/28/2018 GCB 3093 Page 6 of 12 6. Local Jurisdiction Anticipated Contributions to the Program Based on results from the benefit assessment described in Section 5, contributions for each of the Local Agency Partners were determined by project stage in the tables below. Following execution of this MOU, interlocal agreements will be drafted for subsequent approval. Anticipated contributions only become binding commitments when embedded in interlocal agreements, and the conditions therein are approved by the proposed funding entity. Interlocal agreements between WSDOT and the respective Local Agency Partner must be in place for a project prior to issuance of the Request for Proposals (RFP)for any proposed construction contract.The interlocal agreements will become binding commitments, within the statutory authority of the Local Agency Partner, and will define the schedule of local match payments expected over the duration of each construction project stage. WSDOT will exercise due diligence to develop and construct each project on schedule within the Gateway Program to the best of its abilities. Local Agency Partners will participate in project development reviews and project meetings in support of the Gateway Program. If grant pursuits identified in the Stage 1 and Stage 2 tables below are not achieved sufficient to meet the$130 million local contribution, additional grants will be pursued from the funding programs listed or from other funding programs that may become available over the life of the Gateway Program. If Local Nexus Projects go to construction without planned grants,the Local Agency Partner match funds will still be provided by agreement with WSDOT. If it is determined that a Local Nexus Project cannot be fully funded,WSDOT will review options with the Executive Committee. If an official decision is determined by the Executive Committee and the Secretary of Transportation that the Local Nexus Project is not to be included in a construction project,the Local Agency Partner match may be withdrawn. Stage 1 Grant Pursuits for Local Nexus Projects Project Estimated Funding Grant Target Target Due Anticipated Local Agency Partner Nexus Construction Program Amount Mo/Year Construction Partner Cost Expenditure Match 701h Avenue $32,245,600 FMSIB $5,000,000 Mar 2018 2019-2021 $800,000 Fife E/Interurban $500,000 Tacoma Trail $3,000,000 Port of Tacoma TIB $5,000,000 Aug 2018 2019-2021 State $1,400,000 Mar 2018 2019-2021 Fife Capital & Transpor tation Veterans $33,800,000 PSRC $4,500,000 Apr 2018 2021-2025 $1,000,000 Kent Drive/SR516 Interchange TIB $5,000,000 Aug 2020 2021-2025 $1,000,000 Kent SeaTac Access $176,883,500 PSRC $4,500,000 Apr 2018 2021-2025 $2,000,000 SeaTac(ROW in lieu) $500,000 Des Moines RATIFICATION FINAL Funding and Phasing MOU 5 6/28/2018 GCB 3093 Page 7 of 12 Port of Tacoma $323,042,000 PSRC $4,500,000 Apr 2018 2021-2025 $1,500,000 Tacoma Access/509 $3,000,000 Port of Tacoma Spur $800,000 Fife FMSIB $5,000,000 Mar 2020 2021-2025 All Gateway INFRA $20,000,000* Nov 2017 2019-2021 Program SR 167 Stage 1 Port of Jan 2021 2021-2025 $9,000,000 Port of Tacoma Tacoma SR 509 Stage 1 Port of Jan 2021 2021-2025 $15,000,000 Port of Seattle Seattle (expected in 2023-2025) Total Stage 1 $54,900,000 $38,100,000 $93,000,000 Stage 2 Future Grant Pursuits for Local Nexus Projects Project Estimated Funding Grant Target Target Due Anticipated Local Agency Partner Nexus Construction Program Amount Mo/Year Construction Partner Cost Expenditure Match Meridian TBD $3,000,000 2022 2026-2030 $2,000,000 Puyallup Avenue Interchange Valley Avenue TBD $3,000,000 2022 2026-2030 $2,000,000 Pierce County Interchange 188th Street TBD TBD 2023 2026-2030 TBD SeaTac Interchange improvements SR 167 Stage 2 TBD $4,000,000 2022 2026-2030 $500,000 Edgewood (ROW in lieu) $500,000 Sumner Port of Jan 2026 2026-2030 $15,000,000 Port of Tacoma Tacoma SR 509 Stage 2 TBD $4,000,000 2024 2026-2030 Port of Jan 2026 2026-2030 $15,000,000 Port of Seattle Seattle Total Stage 2 $14,000,000 $35,000,000 $49,000,000 * — If no INFRA, apply for FHWA BUILD grant for Port of Tacoma Access (SR 509 Spur) TBD—grant funding program pursuit to be determined in future 7. Terms and Termination 7.1. Amendments This MOU shall be periodically reviewed and evaluated regarding the need for modifications or amendments by mutual determination of WSDOT and Local Agency Partners. Amendments to the MOU shall be required if program funding assumptions need to be adjusted that affect the ability to construct the identified Local Nexus Projects or the ability to achieve the$130 million local contribution. Such amendments shall only be binding if they are in writing and signed by authorized personnel from all of the Local Agency Partners. Except as set forth in an amendment,the MOU will be unaffected and shall continue in full force and effect in accordance with its terms. If there is conflict RATIFICATION FINAL Funding and Phasing 6 6/28/2018 MOU GCB 3093 Page 8 of 12 between an amendment and the MOU or any earlier amendment, the terms of the most recent amendment will prevail. If there is a conflict between subsequent interlocal agreements and the MOU or any earlier amendments,the terms of the interlocal agreements will prevail. Changes that do not affect the ability to construct the identified Local Nexus Project or achieve the $130 million local contribution shall be addressed through the interlocal agreement between WSDOT and the relevant Local Agency Partner. 7.2. Dispute Resolution Should any signatory to this MOU object at any time to any actions proposed or the manner in which the terms of this MOU are implemented,the Executive Committee shall hear the dispute first and if the disputant(s) is/are not satisfied with the Committee's proposed decision,the Committee will send to the Secretary of Transportation its proposed solution and all documentation relevant to the dispute.The Secretary of Transportation shall provide the Executive Committee with his/her advice on how to resolve the dispute within thirty(30) calendar days of receiving adequate documentation. Prior to reaching a final decision on the dispute,the Executive Committee shall prepare a written response that considers any timely advice or comments regarding the dispute from the Secretary of Transportation, signatories and other interested parties, and provide them with a copy of this written response. WSDOT will then proceed according to this final decision. 7.3 Conditions for Termination of Participation Subject to legislative appropriation and all applicable laws, each signatory shall ensure that the Gateway Program is carried out in accordance with the terms of the MOU and subsequent interlocal agreements. A signatory may terminate its participation in this MOU if its terms cannot be met and by providing written notice to the Secretary of Transportation and the Executive Committee a minimum of 180 calendar days before a project issues an RFP that relies on that local agency partner funding. Prior to providing written notice terminating participation, however,the signatories shall consult with WSDOT to determine whether an amendment to the MOU might be feasible. If a signatory terminates its participation, WSDOT will then consult with the Executive Committee to determine if project scope elements need to be removed if contributions are not realized in accordance with this understanding. 8. Period of Agreement. This MOU will commence on July 1, 2018 and will dissolve when the$130 million of local contribution have been secured, or when the Local Nexus Projects have been constructed and are complete. RATIFICATION FINAL Funding and Phasing MOU 7 6/28/2018 GCB 3093 Page 9 of 12 9. Signatories q k L 6/21/18 Stephen P. Metruck Date Executive Director Port of Seattle 4�; 5/30/18 John Wolfe Date Chief Executive Officer Port of Tacoma 6/22/18 Dow Constantine Date County Executive King County 5/30/18 Bruce Dammeier Date County Executive Pierce County )J) 6/25/18 David E. Hill Date Mayor City of Algona jq�n 6/11/18 Nancy Backus Date Mayor City of Auburn 6/17/18 Brian Wilson Date City Manager City of Burien RATIFICATION FINAL Funding and Phasing MOU 8 6/28/2018 GCB 3093 Page 10 of 12 6/26/18 Michael Matthias Date City Manager City of Des Moines q�� 6/13/18 Daryl Eidinger Date Mayor City of Edgewpod 6/20/18 Jim,well Date M yor City of Federal Way / 6/20/18 Pat Hulcey Date Councilmember City of Fife 6/26/18 Dana Ralph Date Mayor City of Kent 6/21/18 Shanna Styron-Sherrell Date Mayor City of Milton 6/21/18 Leanne Guier Date Mayor City of Pacific 6/12/18 Kevin Yamamoto Date City Manager City of Puyallup RATIFICATION FINAL Funding and Phasing MOU 9 6/28/2018 GCB 3093 Page 11 of 12 6/28/18 J I; Scorci Date ,'City Manager City of SeaTac �74 P 6 8 18 William L. Pugh U Date Mayor City of Sumner 6/27/18 Elizabeth A. Pauli•`—C Date City Manager a Irk -- _ City of Tacoma 01 "1, 2- �& 6/27/18 Roger Millar Date Secretary of Transportation Washington State Department of Transportation RATIFICATION FINAL Funding and Phasing MOU 10 6/28/2018 GCB 3093 Page 12 of 12 A N Z d � N •L d � v — m � A CCL = 'N \ � Q H v N O yig9�s.. N ;� Y .. d .. R o to c S 192nd St m ) t� S 195m St 014 F" J m ate,, — CO J j —p�q � .u0 .O —O C N tZ L N O cn in Q f... — E s zoom f s loan St f- � o � O m Q. CN pl .� > c O L S 204th St o E O y C O Ly L O O S 2 rn L a N \ to S 208th O c t C: c c •-+ c ' O m C_ 00 U N N a E E O 1 L } O fn :s 2 N "O L 216th St l o (o! to a--+ ; U N n c c O O CU to N a) O � L S 22ah Q� C: a� OL +- i U i rp i US I '0 S 224th St � � � m � �-0 wm w C O O O � O O Q G O {f! ''I tp ^ O C ." t 0 tv c O (n T o c Zo o ro .= O N W N 4- 1(0 MC a� m , N Q C '�' LL (— ti ` O t E C toil O i O to O -o V) _ O = (n t6 � � = 301 •� r-I ? �1 "r Ln c •� { M ! 01 8 =0 f0 s S 252nd St J 3CD In = 4� _ V) fu c t(Ar4 Ln a S 260th St/, �;'�s 259m St CL r E O V to , I ON. '' O ' ^ 1 3 N A It to e Li S 272nd St REQUEST FOR MAYOR'S SIGNATURE KENT WA—- - Routing Information: (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) ' /�[1` Approved by DirectoP�'-�'� v ` Originator: Kelly Peterson Phone (Originator): 5547 Date Sent: 10-24-19 Date Required: 10-31-19 Return Signed Document to: K. Peterson Contract Termination Date: n/a VENDOR NAME: Date Finance Notified: WA Dept. of Transportation (Only required on contracts 2018 20 000 and over or on any Grant DATE OF COUNCIL APPROVAL: 10-15-19 Date Risk Manager Notified:n/a (Required on Non-City Standard Contracts/Agreements) Has this Document been Specificall Account Number: Authorized in the Bud et? YES NO n/a Brief Explanation of Document: The ILA with WSDOT formalizes Kent financial commitment for the Puget Sound Gateway Program and specifically identifies when funds are due consistent with the MOU signed by WSDOT, Kent and other cities adjacent to the SR167 and SR509 projects in King and Pierce Counties respectively. Kent will contribute $2M to the 509 project: $1M no sooner than January 2, 2025 for Stage 1b; and $1M following the completion of SB I-5 auxiliary lane pavement from Kent Des Moines Road to S. 272nd Street for Stage 2. Staff has been working with Christina Schuck in Law on this issue. All Contracts Must Be Routed Through The Law Department (This area to be completed by the Law Department) L eivedroval . Law Dept.:De t. Comments: Date Forwarded to Mayor: Shaded Areas To Be Completed By Administration Staff Received: City of Kent Recommendations and Comments: r a ieD Office of the Mayor L sition:le� Retur / �n Returned: LA W rvi orms ocument rocessing equest or Mayors ,gnawre.dou (��