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5619
RESOLUTION NO.,5619 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE A FUNDING AGREEMENT BETWEEN THE CITY OF AUBURN AND SOUND TRANSIT RELATING TO SOUND TRANSIT'S AUBURN STATION PARKING AND ACCESS IMPROVEMENT PROJECT AND THE CITY'S A STREET LOOP PROJECT WHEREAS, Sound Transit's Auburn Station Parking and Access Improvement Project (Sound Transit Project) will construct a second garage in downtown Auburn; and WHEREAS, the Sound Transit Project will generate additional vehicular trips on streets in downtown Auburn; and WHEREAS, the City of Auburn's A Street Loop Project (City Project) will construct improvements that provide additional vehicular capacity on streets in downtown Auburn; and WHEREAS, a February 13, 2020, Letter of Concurrence between Sound Transit and the City of Auburn established an amount that Sound Transit will contribute to the City of Auburn for the City Project, in lieu of providing traffic mitigation identified in the Sound Transit Project National Environmental Policy Act (NEPA)/Station Environmental Policy Action.(SEPA) analysis; and Resolution No. 5619 9/14/2021 Page 1 WHEREAS, implementation of the City Project is the most efficient approach to mitigate certain traffic impacts that would be otherwise caused by the Sound Transit Project and therefore, it is in the public interest. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. The Mayor and City Clerk are authorized to execute a funding agreement between the City and Sound Transit, in substantial conformity with the agreement attached, marked as Exhibit "A" and incorporated by this reference. Section 2. The Mayor is authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Resolution No. 5619 9/14/2021 Page 2 Section 3. That this Resolution shall take effect and be in full force upon passage and signatures. Dated and Signed this 20th day of September, 2021. CITY OF AUBURN ANCY :4 KUS MAYOR ATTEST: Shawn Campbell, City Clerk APPROVED AS TO FORM: MVO"- CArgiARA Kendra Comeau, City Attorney Resolution No. 5619 9/14/2021 Page 3 DocuSign Envelope ID:F1860056-C2D5-4C1D-9412-7275E66C4239 Final Version—9/23/21 FUNDING AGREEMENT BETWEEN SOUND TRANSIT AND THE CITY OF AUBURN AUBURN STATION PARKING &ACCESS IMPROVEMENT PROJECT'S TRAFFIC MITIGATION GA 0096-20 This funding agreement("Agreement") is entered into between the Central Puget Sound Regional Transit Authority ("Sound Transit"); a regional transit authority created pursuant to chapters 81.104 and 81.112 RCW, and the City of Auburn, a Washington municipal corporation ("City"), sometimes collectively referred to as"Parties"or individually as "Party." WHEREAS, Sound Transit completed the National Environmental Policy Act(NEPA)/State Environmental Policy Act(SEPA)Environmental Evaluation for the Auburn Station Parking& Access Improvements Project in early 2020,which will serve Sounder commuter rail and bus riders at Auburn Station. WHEREAS,this Agreement follows a February 13,2020 Letter of Concurrence between Sound Transit and the City to establish a capped contribution amount that Sound Transit will contribute to the City's planned A Street Loop Project("Project") in lieu of providing traffic mitigation identified in the NEPA/SEPA analysis,which overlaps with the Sound Transit's design plans for the Auburn Station Parking&Access Improvements Project. WHEREAS, The Parties desire to enter into this Agreement to set forth their respective responsibilities and define details regarding the funding contribution that will optimize the desired level of service for riders. NOW,THEREFORE, in consideration of the terms and conditions set forth herein,the Parties agree to the following: 1. GENERAL 1.1. Project Description. The site of the proposed garage is in use as a surface parking lot providing 120 spaces for City use and is bounded by 1st Street NW on the south, an alleyway on the north,BNSF Railway on the west,and A Street NW on the east As further described in Exhibit A, Project Scope, the current design of Sound Transit's proposed garage includes five levels with a partial half level, providing up to 675 parking spaces; 120 spaces would replace parking for the existing surface lot and up to 555 spaces would be available for transit users. The following pedestrian, bicycle, and transit amenities are proposed adjacent to or near the project site to enhance overall access to the Auburn Station: • Adjacent to the project site, amenities include painted crosswalks, pedestrian signals, lighting, and signage. GA 0096-20 Page 1 of 16 DocuSign Envelope ID:F1860056-C2D5-4C1 D-9412-7275E66C4239 Final Version—9/23/21 • At the intersection of W Main Street and B Street NW,amenities would encourage pedestrian safety and traffic calming (i.e., curb extensions, roadway channelization, installation of rectangular rapid flashing beacons, crosswalks, and ADA curb ramps). • At the Auburn Station, planned bicycle improvements include modifications to prepare for future increased bicycle storage. • At five existing bus stops along routes that connect with the Auburn Station, new bus shelters would be installed. 1.2. Environmental Evaluation. Complying with the State Environmental Policy Act (SEPA) as lead agency,Sound Transit issued a Determination ofNon-significance with Conditions on January 29, 2020. Subsequently, the Federal Transit Administration (FTA) concurred that the Project qualifies as a categorical exclusion as described in its National Environmental Policy Act(NEPA)Rules on February 26, 2020. 1.3. Identified Project Mitigation.The Environmental Evaluation identified the need for traffic mitigation at one signalized intersection owned by the City of Auburn: 3rd Street SE/A Street SE intersection. It is projected to operate within its adopted level of service (LOS) standard of LOS E during the PM peak period in the No-Build scenario and to exceed the LOS standard in the Project scenario (LOS F) without mitigation in 2037. The proposed mitigation at this intersection is to re-optimize the signal timings to meet its adopted LOS standard,or contribute to other improvements agreed to with the City that mitigate project impacts. 1.4. Contribution to other improvements. Sound Transit and the City of Auburn signed a letter of concurrence (Exhibit D) in January 2020 to make a contribution to the City's planned "A Street Loop" project in lieu of adjusting signal timings at the 3rd Street SE/A Street SE intersection. 1.5. Funding Disbursement and Environmental Review. Sound Transit will make a one-time contribution in an amount not-to-exceed three hundred forty thousand dollars ($340,000) to the City's planned"A Street Loop"project shown in Exhibit A and as described in this Agreement. The City will complete the appropriate environmental documentation for the "A Street Loop" project as SEPA lead agency prior to receiving a contribution for the project from Sound Transit.The City will provide Sound Transit an opportunity to review and comment on the draft environmental documents before the City completes and issues a SEPA determination for the Project.This action is intended to be completed prior to the issuance of notice to proceed by Sound Transit of a Design-Build contract for the Auburn Station Parking and Access Improvement project. Regardless if the notice to proceed of a Design-Build contract for the Auburn Station Parking and Access Improvement project has been issued, upon completion of the environmental review, the City will sign the Environmental Review Certification(Exhibit B) and Sound Transit will provide the one- time funding contribution to the City within 90-days of receipt of the signed Environmental Review Certification from the City. GA 0096-20 Page 2 of 16 DocuSign Envelope ID:F1860056-C2D5-4C1D-9412-7275E66C4239 Final Version—9/23/21 1.6. Construction Schedule.The City shall complete construction of the Project before January 1, 2037, the year traffic impacts would result from the new garage. The City will use Sound Transit's funding contribution to complete the traffic mitigation identified within the NEPA/SEPA Environmental Evaluation or other appropriate mitigation measures as agreed to by both parties if the A Street Loop project is not complete by 2037. The City is responsible for notifying Sound Transit of any material changes to the Project Schedule and rationale for the change in writing as part of its reporting requirements. 2. PROJECT MANAGEMENT 2.1 Designated Representatives. The City and Sound Transit have designated formal points of coordination for this Agreement. The Designated Representatives shall communicate regularly to discuss the status of the tasks to be performed,to identify upcoming decisions related to the Project,to provide any information or input necessary to inform those decisions, and to resolve any issues or disputes related to the Project consistent with this Agreement. The Designated Representatives are: City of Auburn SOUND TRANSIT Ryan Vondrak Zac Eskenazi Capital and Construction Engineering High Capacity Transit Development Manager Manager rvondrak@auburnwa.gov Zachary.eskenazi@soundtransit.org The Parties may change designated representatives by written notice to the other Party during the term of the Agreement. 2.2 Reporting Requirements. The City is required to submit a Quarterly Progress Report to Sound Transit's Designated Representative. The report should provide a current status of Project activities, in the reporting period, both current and upcoming. The report may include supporting documentation (photos, City documentation, financial information, etc.). 2.3 Operations and Maintenance. The City shall be responsible for all operations and maintenance costs of the completed Project. 2.4 Signage. Any new identification signage that is placed after this Agreement goes into effect and during the construction of the Project shall identify Sound Transit as a funding partner. 3 INVOICING GA 0096-20 Page 3 of 16 DocuSign Envelope ID:F1860056-C2D5-4C1D-9412-7275E66C4239 Final Version—9/23/21 3.1 The City will submit an invoice for the one-time payment (See Exhibit C, Invoice Template), along with the Environmental Review Certification (Exhibit B). The invoice must include the Sound Transit purchase order number provided by Sound Transit. 3.2 The City will submit its invoice with the required documentation, in two .pdf files, via email to accountspayable@soundtransit.org (and carbon copying Sound Transit's Designated Representative). Invoices will be paid within thirty (30) calendar days of Sound Transit's receipt of the invoice and acceptable and complete supporting documentation. 3.3 If Sound Transit determines that the invoice lacks sufficient documentation to support payment, Sound Transit will notify the City of its determination and request that the City _ provide additional documentation. Sound Transit may withhold payment of the invoice until supporting documentation is provided, however such approval shall not be unreasonably withheld. 4 TERM, SUSPENSION,AND TERMINATION 4.1 Term. This Agreement shall take effect upon the last date of signature by the Parties as set forth below. This Agreement shall remain in effect until 180 consecutive days following Project completion,unless extended by mutual written agreement of the Parties, superseded by a future agreement, or suspended or terminated in accordance with this Section 5. 4.2 Termination by Either Party. Either Party may terminate this Agreement for cause in the event that the other Party fails to fulfill its material obligations under this Agreement in a timely manner or breaches any material provision of this, Agreement and the Dispute Resolution Process has failed to reach resolution within the timelines described therein. The Party wishing to terminate this Agreement for cause will provide the other Party with written notice of its intent to terminate and will give.the other Party an opportunity to correct the failure to perform or breach within thirty (30) calendar days of the notice or within such longer period as may be necessary in the event that correction cannot reasonably be accomplished within thirty(30)calendar days.If the failure or breach is not corrected or cured, this Agreement may be terminated by the aggrieved Party by giving ninety (90) calendar days' notice to the other Party. 4.3 Except as provided in this Section, a termination by either Party will not extinguish or release either Party from liability for costs or obligations existing as of the date of termination. Any costs incurred prior to proper notification of termination will be borne by the Parties in accordance with the terms of this Agreement. 5 INDEMNITY 5.1 To the maximum extent permitted by law,the City will hold harmless from,and indemnify and defend Sound Transit (including its board members, officers, directors and GA 0096-20 ' Page 4 of 16 DocuSign Envelope ID:F1860056-C2D5-4C1D-9412-7275E66C4239 Final Version—9/23/21 employees) (the "Indemnified Parties") from and against any and all claims, demands, losses, lawsuits, actions, or liability of any kind or nature, arising out of or relating to the City's design, construction, maintenance or operation of the Project, including claims by the City's employees. THE CITY SPECIFICALLY ASSUMES POTENTIAL LIABILITY FOR ACTIONS BROUGHT BY THE CITY'S OWN EMPLOYEES OR FORMER EMPLOYEES AGAINST ANY INDEMNIFIED PARTY,AND FOR THAT PURPOSE THE CITY SPECIFICALLY WAIVES ALL IMMUNITY AND LIMITATIONS ON LIABILITY UNDER THE WORKERS COMPENSATION ACT,RCW TITLE 51, OR ANY INDUSTRIAL INSURANCE ACT,DISABILITY BENEFIT ACT OR OTHER EMPLOYEE BENEFIT ACT OF ANY JURISDICTION THAT WOULD OTHERWISE BE APPLICABLE IN THE CASE OF SUCH CLAIM. THIS INDEMNITY OBLIGATION SHALL NOT BE LIMITED BY ANY LIMITATION ON THE AMOUNT OR TYPE OF DAMAGES, COMPENSATION OR BENEFITS PAYABLE BY OR FOR THE CITY OR A CONTRACTOR UNDER WORKERS' COMPENSATION, DISABILITY BENEFIT OR OTHER EMPLOYEE BENEFITS LAWS. THE CITY RECOGNIZES THAT THIS WAIVER WAS SPECIFICALLY ENTERED INTO AND WAS THE SUBJECT OF MUTUAL NEGOTIATION. PROVIDED, HOWEVER,THE CITY'S WAIVER OF IMMUNITY BY THE PROVISIONS OF THIS PARAGRAPH EXTENDS ONLY TO CLAIMS AGAINST THE CITY BY SOUND TRANSIT,AND DOES NOT INCLUDE,OR EXTEND TO,ANY CLAIMS BY THE CITY'S EMPLOYEE(S) DIRECTLY AGAINST THE CITY. The foregoing indemnity applies only to the extent of the City's negligence. 5.2 The City further agrees to assume the defense of the Indemnified Parties with legal counsel acceptable to Sound Transit,whose acceptance shall not be unreasonably withheld. In all legal or claim proceedings arising out of, in connection with, or incidental to the City's work or that of its contractors, subcontractors of any tier, suppliers, consultants and sub- consultants.The City shall pay all defense expenses,including attorney's fees,expert fees, and costs incurred directly or indirectly on account of such litigation or claims, and shall satisfy any judgment rendered in connection therewith. The City may settle any suit, claim, action cost, loss penalty or damages, subject to the approval of Sound Transit, whose approval shall not be unreasonably withheld, if such settlement completely and forever extinguishes any and all liability of the Indemnified Parties. In the event of litigation between the Parties hereto to enforce the rights under this provision,reasonable attorney fees shall be allowed to the prevailing party. 5.3 Each Party agrees to bear full responsibility for any and all tax liabilities owed that may arise in relation to this Agreement, and each Party will fully indemnify and hold the other Party,its officers,agents and employees harmless from any tax liability owed by the other Party arising from or related to the transactions set forth herein, including,but not limited to,any taxes,penalties,fines,and/or interest that are assessed by any tax authority against the indemnifying Party and further including all attorneys' fees and costs incurred in response to any claims or assessments by any tax authority against indemnifying Party, its officers, agents and employees. GA 0096-20 Page 5 of 16 DocuSign Envelope ID:F1860056-C2D5-4C1D-9412-7275E66C4239 Final Version—9/23/21 5.4 The obligations in this Section will survive termination or completion of this Agreement as to any claim, loss or liability arising from events occurring prior to such termination or completion. 6 AUDITS 6.1 Each Party will maintain accounts and records, including contract and financial records that sufficiently and properly reflect all direct and indirect costs of any nature expended for work performed under this Agreement so as to ensure proper accounting for all monies paid to the City by Sound Transit. These records will be maintained for a period of six (6) years after termination or expiration of this Agreement unless permission to destroy the records is granted by the Office of the Archivist pursuant to RCW Chapter 40.14 and agreed to by the Parties. 6.2 The City will make all Project records available for Sound Transit inspection upon prior written reasonable request.Audits may be performed by Sound Transit or its independent public accountants to ensure compliance with and enforcement of this Agreement. Should the audit determine that funds from Sound Transit have been used for expenses that were ineligible, then Sound Transit shall provide a copy of the auditor's determination to the City.If the City agrees with the determination,then the City will reimburse Sound Transit the amounts found to have been ineligible.If the City disputes the auditor's determination, then the matter shall be referred to the Dispute Resolution Process set forth in Section 9. 7 INSURANCE 7.1 Coverage. During the construction phase of any eligible elements within the Project,the City shall provide primary insurance coverage in the amounts that it deems necessary for construction projects of similar size and cost. If the City is self-insured, it shall provide to Sound Transit's risk manager an evidence of coverage letter. The City shall require their contractor(s) and sub-contractors to obtain and maintain insurance in amounts and types suitable to protect Sound Transit and the City from exposures presented by the work performed under this Agreement. The minimum insurance requirements during the entire term of this Agreement are set forth below: a) Commercial General Liability in the amount of two million dollars ($2,000,000) each occurrence limit,two million dollars($2,000,000) general aggregate limit, covering bodily injury including death,personal injury,property damage, Employers' Liability and contractual coverage endorsements, and utilize insurers and coverage forms acceptable to Sound Transit. b) Commercial Auto Liability coverage for bodily injury and property damage utilizing insurers and coverage forms acceptable to Sound Transit,with a limit of at least one million dollars ($1,000,000) combined single limit. c) Worker's Compensation insurance coverage,where applicable, shall comply with GA 0096-20 Page 6 of 16 DocuSign Envelope ID:F1860056-C2D5-4C1D-9412-7275E66C4239 Final Version—9/23/21 State of Washington Labor arid Industries requirements. d)Builders Risk coverage will be the responsibility of all contractors and subcontractors. e)Pollution Liability(if there is any potential environmental liability exposure) in the amount of one million dollars($1,000,000)each occurrence and two million dollars ($2,000,000) aggregate. f)Professional Liability (if there is a potential professional liability exposure)in the amount of one million dollars($1,000,000)per claim. 7.2 Certificates. With the exception of self-insurance, certificates of insurance must name Sound Transit as an "Additional Insured," and shall reference the number and title of this Agreement.All insurance coverage obtained by the City or its contractors and subcontractors must name Sound Transit, its officers and employees as "additional insured's" and contain "severability of interest" (cross liability)provisions.The City's and the contractor's insurance policies shall be primary to and not contributing with any insurance or self-insurance that may be carried by Sound Transit and waive their right of Subrogation against Sound Transit. Certificates of Insurance, including the Additional Insured Endorsements, Waiver of Subrogation Endorsements and Primary and Non- Contributory Endorsements,will be provided to Sound Transit before the start of any work performed under this Agreement. The City's membership in the Washington Cities Insurance Authority(WCIA), a governmental self insured risk pool, shall satisfy all conditions set forth in Section 6,Insurance, of this Agreement. 8 DISPUTE RESOLUTION 8.1 Any disputes or questions of interpretation of this Agreement or the performance of either Party under this Agreement that may arise between Sound Transit and the City shall be governed under the dispute resolution provisions in this Section 9. The Parties agree that neither Party may take or join any action in any judicial or administrative forum to challenge the other Party's performance under this Agreement until the dispute resolution process in this Section 9 has been exhausted. 8.2 The Parties agree that cooperation and communication are essential to resolving issues efficiently. The Parties agree to use their best efforts to prevent and resolve potential sources of conflict at the lowest level possible. 8.3 Either Party may refer a dispute to the dispute resolution process by providing written notice of such referral to the other Party's Designated Representative. The Parties agree to use their best efforts to resolve disputes arising out of or related to this Agreement using GA 0096-20 Page 7 of 16 DocuSign Envelope ID:F1860056-C2D5-4C1D-9412-7275E66C4239 Final Version—9/23/21 good faith negotiations by engaging in the following dispute resolution process should any such disputes arise: a. Level One - Sound Transit's Designated Representative and the City's Designated Representative 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. b. Level Two - Sound Transit's Executive Project Director in Design, Engineering and Construction Management and the City's Departmental Leads 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. c. Level Three - Sound Transit's Executive Director, Design, Engineering and Construction Management or Designee and the City's Department Director or Designee shall meet to discuss and attempt to resolve the dispute in a timely manner. 8.4 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, seek any available legal remedy, 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 any undisputed obligations and make any undisputed required payments under this Agreement in the same manner and under the same terms as existed prior to the dispute.Notwithstanding anything in this Agreement to the contrary,neither Party has any obligation to participate in mediation or any other form of alternative dispute resolution following completion of Level Three of the process described herein.A Party may decline to_participate in such proceeding for any reason or no reason. 9 LEGAL PROVISIONS 9.1 Warranties. By execution of this Agreement, both Parties warrant that they have the full right and authority to enter into and perform this Agreement, and that by entering into or performing this Agreement,they are not in violation of any law,regulation,or agreement; and that the execution, delivery and performance of the Agreement has been duly authorized by all requisite corporate action, and that the signatories hereto, which have signed on each Parties behalf, are authorized to sign this Agreement. 9.2 No waiver. Neither Party will be relieved of its obligations to comply promptly with any provision of this Agreement by reason of any failure by the other Party to enforce prompt compliance, and such failure to enforce will not constitute a waiver of rights or acquiescence in the other Party's conduct. 9.3 Costs. Each Party will be responsible for its own costs, including legal fees, incurred in negotiating or finalizing this Agreement,unless otherwise agreed in writing by the Parties. If either Party brings any claim or lawsuit arising from this Agreement, each Party will pay all its legal costs and attorney's fees and expenses incurred in defending or bringing GA 0096-20 Page 8 of 16 DocuSign Envelope ID:F1860056-C2D5-4C1D-9412-7275E66C4239 Final Version—9/23/21 • such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law;however,nothing in this paragraph will be construed to limit the Parties' rights to indemnification. 9.4 Public Records. Each Party shall be responsible for its own public records and public records requests. 9.5 Notices. All notices required under this Agreement must be in writing and addressed to the Designated Representative. All notices must be either: (i) delivered in person, (ii) deposited postage prepaid in the certified mails of the United States, return receipt requested,(iii)delivered by a nationally recognized overnight or same-day courier service that obtains receipts, or (iv) delivered electronically to the other Party's Designated Representative.However,notice under Section 5,termination,must be delivered in person or by certified mail, return receipt requested. 9.6 The parties may not unreasonably withhold requests for information, approvals or consents provided for in this Agreement; provided, however, that approvals or consents required to be given by vote of the Sound Transit Board or the City Council are recognized to be legislative actions. The parties will take further actions and execute further documents, either jointly or within their respective powers and authority, to implement the intent of this Agreement. The City and Sound Transit will work cooperatively with each other to achieve the mutually agreeable goals as set forth in this Agreement. 9.7 Time is of the essence in every provision of this Agreement.Unless otherwise set forth in this Agreement,the reference to"days"shall mean calendar days unless otherwise noted. Any reference to "working days" shall exclude any legal holidays and weekend days. If any time for action occurs on a weekend or legal holiday, then the time period shall be extended automatically to the next business day. 9.8 No joint venture or partnership is formed as a result of this Agreement. No employees, agents or subcontractors of one Party shall be deemed, or represent themselves to be, employees of any other Party. 9.9 This Agreement has been reviewed and revised by legal counsel for both Parties and no presumption or rule that ambiguity shall be construed against the Party drafting the document applies to the interpretation or enforcement of this Agreement. The Parties intend this Agreement to be interpreted to the full extent authorized by applicable law. 9.10 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. 9.11 Severability. In case any term of this Agreement is held invalid, illegal, or unenforceable in whole or in part,by a court of law,the Parties will reform the agreement to satisfy the original intent of the Parties. GA 0096-20 Page 9 of 16 DocuSign Envelope ID:F1860056-C2D5-4C1D-9412-7275E66C4239 Final Version—9/23/21 IN WITNESS WHEREOF, each of the Parties has executed this Agreement by having its authorized representative affix her/his name in the appropriate space below: CITY OF AUBURN CENTRAL PUGET SOUND REGIONAL Docuslgned by: TRANSIIT A By:[ AUTHORITY(SOUND TRANSIT) �ti<i ` .`s By: [ kvt Va itui arc.t aai onw.., i rdu itE:�ia �... Nancy Backcus,Mayor City of Auburn Kin Iy�ar�ey, Deputy Chief Executive Officer Date: 9/27/2021 Date: 9/29/2021 [-As Approved as to form: —DocuSIgned by: By: `—BTI 9S i idvEB.. Amy Jo Pearsall, Senior Legal Counsel Exhibit List: Exhibit A: Project Scope Exhibit B:Environmental Review Certification Exhibit C: Invoice Form Exhibit D: Signed Letter of Concurrence GA 0096-20 Page 10 of 16 DocuSign Envelope ID:Fl860056-C2D5-4C1D-9412-7275E66C4239 Final Version—9/23/21 Exhibit A: Project Description A Street Loop Project -"'"'a='°°'°° r _.. -..-.... ,..£.,... ,i . 1 -444141H$T4-1,1 E_. p • I t l .Legend tii[i 1 , a! 1,-\\,,,,__J, ;.�.I e-____-__.,..„:4„..,11...._1.lttiOl W. ! i ' • • jl < •, G k Q Auburn Regional Growth Center -�t,- • ` - z^ .... III ? _' 1, 3 Z l ' - - .y, _ , : .Aubum City Facilities 1';i" _ 14p _d �-- � e.77--ii.-.,---71-- lr-® Urban Development Projects \ (a� - �14 •.1.\ `, ': �\ ai c-`❑ Hospital/Medical Facilities ' I J ', _} 1 , /L-:._____1..;,r ' .. -.Exisiln Local Traffic Patterns ,', !1 �`" r -iotasine TTp }-•• Revised Col Trahe Pae . • w1' Kent RGC Kent 1,1/11C. _Regional Trahe Pattern ,I. and•Renton RGCti `z:si�c mwIry € ..� .,7_,4211..97,,„i7 4El �1J i5` . .4 . vitc,r...:-. 44!-414':'::.‘1` LTe Laerq _.3 t a, . ,rrt -+"A td...-. i. i # / __iid SS na ;a,e 1,vi , , £, l . ,,'",-.1,- 1 .,s i , .1„,:1;1"/„...'..';.,:',//'E e nJ 9.'r-n }mss. t -i ' t i ie, 1 b¢ �i x I d!rt--,,,77-T-3.-11,77 RR...1L'HR%-AV 4 -'.k 11 L^- '. e i 4 • "i! F l{ k S f aS1r.IIZSD 4z 1 1 . /t ••1 11'1, 4. i_ {1{1 ',.I 0 a7 vw,--17 1��n al-iir• n 4 � i i ARa 6�.i uc-" Zs' } �t ' s W t l . Z r.4 on s r- auo.az .1 C - ; �5..� €n - jj 4 Auburn Station 8 !1 `1l !4 ""' ' i !— u(''"-: _ 1 Parking Structures H Lw i.-- 14:,4,42 1.:'219 i i! f i, t lye''ill /. t to Yrs�.ya _� s �.. . N.... 4 1,F7.1 - i. 'l_ -p.-- Y _ :-"`" pp l 1 81T' V 9 A I 3rdSVeet&BNSFG9debs.ii,' t - ®® - 1 r .( i � i j1l - t tret& I . -' , 1, Is ®®'w._ 1 .. LOS Deficiency: 't Q 1 1-' 'irtos-c.avr�.- � } i' .;1111 --�' 'na:e� Extensiva.soulhbound E�- i t J [ : ii • and eastbound queuing i.‘,,t. 4 _1•1I i .3 R+ ILI:.011; ,..-. ... - .- ......--- ., ' ;ti t (� I 2 { • l{ °M-S-z-se.,-4 \i V 1,-. G ,_. i �'17.'`-E i r! I i' • s ek` L,,.. saa a E.•-�•.—s r_7„,+lm r C; �1 ,re _+s7UiY r q,9 [• —I f �� ,, 1 i s y pmmrvna wa.Oromq ,, :° ' �. I +1:,,,,j4 '�•' �".\"` / " �i i Embontrtt Psv�1 EN ` 'a to =.57-/ °� ° . S` ''''' ,..',;:-1--'' ' - ,� " '�'+ 'sf' 7 - Existing Bus Rcutes „�-. " i ''',1;;;:::.:'7",,,,,541 a _ i • L.,-- ''1 a] h si °r • KCM 180&PT 197 row __. - -t , r Yr Y � i1 in.a 1 i 3-0_—t3 H SC • {' .1 I • r-,,„:\'' $,,,, �'1 °i"r.i a- � n.i €- 1, Iu 1 n\,. I LID Stun Fab i,.�u.ti. C I ._. ...„.\-:,.;:‘,., i I fiTtt 9I aC___) rl .. ## Proposed One-Woy Lapp to AStreel r 11Ip 7t c , i l �` ; t} o a i: )1, e �,� 1 �i �., e-1 �r/t 11:: }i 2/7111Y: C arse .- /r 11L� . 1 iL t l'_,�, /r /r�/ i:' . I t ' i toy F ( 1. 1 i ----1 'I t ii/"., „:),/,* f Li s” SumnerlPacific.MIC Lakeland+Hills PUD J S`J LA 1' 1 � f= f'j° � and• uburn.Center o'f Local Importance annt srac i r" II1i . I � 3I 3 1 4 1. i1: Wm..,W ec.r,Kaanv„ ,soar a 75...3! i.tas7 r«, 1in= 752.33 ft © 1°a"^'fi�`�"0"L°' "s`d` aa.,-c+smecxre.�,*. 7:9,028 ytrieryaeai'iWan',. feAD B e3 StrOtn,e Wa,enB%n l 555-4601--Feet GA 0096-20 Page 11 of 16 DocuSign Envelope ID:F1860056-C2D5-4C1D-9412-7275E66C4239 Final Version—9/23/21 Exhibit B: Environmental Review Certification Auburn Station Traffic Mitigation The City of Auburn, as lead agency for purposes of the State Environmental Policy Act(SEPA), hereby certifies that the proposal described herein has undergone environmental review in accordance with all applicable SEPA rules pursuant to Chapter 197-11 Washington Administrative Code. The City of Auburn has completed and issued the following project-level environmental review documentation and conducted the appropriate public comment(check at least one): ❑Letter of exemption from SEPA pursuant to WAC 197-11-800 ❑SEPA Environmental Checklist/Determination of Non-significance(DNS) or Mitigated'DNS ❑Environmental Impact Statement ❑SEPA Addendum ❑Other: Signature of City of Auburn Representative Authorized SEPA Responsible Official Sound Transit's office of Environmental Affairs and Sustainability has reviewed the provided documents checked above and authorizes the following: ❑ Disbursement of funds to the City of Auburn Signature of Sound Transit Corridor Environmental Manager GA 0096-20 Page 12 of 16 DocuSign Envelope ID:F1860056-C2D5-4C1D-9412-7275E66C4239 Final Version—9/23/21 Exhibit: C Invoice Form Invoice No. Dated: TO: Sound Transit accountspayable@soundtransit.org Attention: Accounts Payable and [Sound Transit's Designated Representative] Re: FUNDING AGREEMENT FOR AUBURN STATION TRAFFIC MITIGATION, GA 0096-20 The City's authorized representative certifies that Sound Transit's pro rata share of costs under this invoice is $ , and is due and payable to The City in accordance with the provisions of the Agreement, and is supported by the attached invoice and supporting documentation. The City makes the following representations and warranties to Sound Transit in connection with the Invoice: • All work performed to date has been,unless otherwise specifically stated by The City, performed in accordance with the terms and conditions of this Agreement. • The amount specified above has been computed in accordance with, and is due and payable under,the terms and conditions of the Agreement,has not been the subject of any previous invoice(unless disputed or rejected for payment) and is not the subject of any pending invoice from The City. Any liability of Sound Transit arising from these representations and warranties are governed by the terms and conditions of the Agreement. The City By: Date: [Name, Position] GA 0096-20 Page 13 of 16 DocuSign Envelope ID:F1860C56-C2D5-4C1D-9412-7275E66C4239 • Final Version—9/23/21 Exhibit D: Letter of Concurrence .. . . ... .: .:,. 0,_ ..... ,....... . ..:.. . . •••alitt-UND:°.,'''::'.k'..',-,ir . , .:• ...... .. .. •::.....: , .... , ,,.. 1 . . . ... .. . :I i. . it4bruat,i....1.5;:,2620.' . ..c.z.wn• ... .. • • -1: ,-•kini mita I . 1: .. tkritiikr, aivo, I.IE ..httTlit'c'. . .. ... .. . . „ ••I . 14.4ettuapr • ikia.r of-Cimitiwoilypai;igtopm* ••„. .IIi4i9 Ozostriiiint :.I. Os.FoNVLIck4Vor •CilyOfA0lNan . • - - .,. . . - - • ::z..i.vti:!ylpil$trqpt . ., : •:.:Pt.4111babattu:-• . . . . „ I .titti*C4*.tikroilbei, ,•.),..VIIIIIMIk,11VA 9S91.1 •I' .. . .•. ... 1 . . . ... .. • 14**e 0.(Ctoti404.1044.1#-Oritto•ikotope 0111)4 Atha Parking&,...- •1. two Oaviipi44, . • •...Kam RI FAZIO *ei0 jirtroo:o.opoto 0-..r44.60:.- •' -' - - - -:-- - .. " . '''' ' • ' ' ., ,44,,,,,-4.460f._: •• • • . . . . . .. _ . . . '• iliAiii Bit'..i.t. Pet Mi„Toe ' 410#41rofttliVit4. '`,Tlitis totter aptliites.1.4•ciarci410p4 ofib t Aulloi Motion-Porltins1,4:Au.4d k1,,s•• l".0-•!0 t.I•kt,'.cowiril.0.0.crA!...-r ..1001:54:11 li,14$Pr4ia01(ltioj'*'.. kiwtik•'.,,li'virit:1$0...i.o.S.1•41. to...'g.r 00114.A1411.00,-Voitid:bus' , .1 . :thii.,,t;Ciamieiii... , a*0444.tiOita-CStokia„:171.113.1g b#411$1)rtrir44F1d$ibtudiittailvApt-omt Sound...: - :-'1.: -, .!•coi!!Ofm!-,:i:r0 1.ran$it aa4 mhoCity of A0burit Ogattlingtrafilt.-rititiigitiottilegr4ryiat A:re:gilt:of .:.t..1i6 Pri:ljpet Pip:40mA Trais41$06$1.70.111444t411c.pr7444004.,Imiltiktit.0.*001i.: •,• :404,41.9:r:: . ,:• .. :02020i1:. .' ' .. ' • . ' '.' .. . .. . . . . ' .... . . . :.i • llettutilarteu.' •I „ . .. . .. . . .. . .'.:43I,IitSOla Mil ' Jaeadttkughttil, . ..I, iiI4Cauckveazio,' "A:wok, •1'. 3.00d'ftttn0t'.0.4m0tt1of:titia.)-,(PIVSEII'h•govirttt100oalgixatptiott and ISEItIOILR .i'' ... .....4;9141".1.1i1.• .. 4:10o*6iME-ati•pfi,1611.,olstific044,. D1,$)iiji-111..•panttitios•on.30tiair29i,2020.,Tho•.:11 :P.',,,4,r,,r4;f4fit '''' prjit:sc00..ckt040.3.ottilimed•Lt0ow were0a1,1440 nit 0.0:0f,Oktrenristratirati •. `-'• . .. .. . .. .,. .... .. ...t -:to Ptiiico pialuritiO0,-Tht:41040 it.090•104f1 0itrit.:-Aref 40004 of tift0 rt:jot of:* :3 ivitvi.61;e0=k4sit* arid are itWaittatlitett 14iii.li1ltio kitottoinigoloil Dyo.thiafori,. -.,,, .1.0il Recias... . .. „. •,I ,ICYNI'Vor..: .. . .1$6014 Tqli)ii(111aftlii 1.0 coir01 eti flail dego;Ind conStrattico 9ritIO.:ibtlOpt' .. :1 . .zipo,-.a..„-:;,.frilik • tletiiilt*.iipigIt-builft Oilittiittl ifrii*ety uileili4litipt0 64 44i0bvit4:31itioeko,„-.1 -'.1***44:4.UF-094.1,1•411:1 St*ild.Tialtit:Nqii.W0i.041ti tlta clIrbf.Aiib151.111101•1b ii0:041i,OeSii114410f116:.... :.I . 'bliki lie. Ittotimaa: 'id'otif.y.OppiottiOi(lios 0544:iti4ttiV40ve:001e030ci Os bid Wine 0t0,101 Ocrikads to :t-, Fixt...-'="7!.Pq0,....:. 06',,-"I`. .. •:•-: ..-ser,0•60,1•40.14.integratc,i0413 alto Oighbe0oc4.thp 4ggi4itil.cleqvire'ci.- 1i" 'riltivotAW„thlwapr - 1:030tiitirteat pgactsi j•i:tdictiiiledioddin in tii-0 0 0041.0f:2024 . . . , .. .:,:. . -... •C., litollial&Itsicke* --r •rdeitholki:o.,,.• -:,Prtkite tpv&Iii.Ott and Sc 60,. . . 1 -- ' - •• • ' The of'6valio 1.110-voptA00•PN141,!Waii4iied os-part.ittibillEPAI:'SEPApfch:osaid.'..ir• . tit.EfElto..):1MailftIdE.I1 . . . . :Ottiartg(Sr.404640 betow.patisiktkof a 11.0/INgicittygetege 00.04040040;104y*:..i Nita gIt:iI•xvin.. ,01.11i;.tio1sti 0.0Ltss ipiippref.,:eliJail*,11011tirtik orti,ittitut140.41::Foitlz-0iM..tot iciittok.'icco•:-„iiti:wittitia44..in!'the-Eniyitoiimitagiii '.6trildAti cot tisi-0.slaiiio.i pr the i010tortap' will'.'•be 6000004d- •by:•tim 410.00t4.11iii.d. ,44:0144,iot duthig:::40 imp1,4406ntatidn.:Ofilht:•Mie4iwititt oitott*ill:be oitvlotoil.b 410 a.3r-, ' ' • GA 0096-20 Page 14 of 16 DocuSign Envelope ID:F1860056-C2D5-4C1D-9412-7275E66C4239 • • Final Version—9/23/21 The site of the proposed garageis iri.use as a surl'aco parkin let providing 120 sprees and is bounded by 1"Street NW anti*Soutkori alleyway on the north;BNSF Railway ori the.west,and A Street1,1W oh the east.'I`he current design of the proposed garage includes f v.e:levels.witlr a partial half level,providing up: to.675 parking:Spite*:l20.spaces would replace parking for the existing surface lot and up to 555 spaces would be'availnble for transit users,. The following pedestrian,bicycle,and transit:amenities are proposed'adjacent to or:near the project site;to enhance overall access to the Auburn Station: Adjacent tot the project site;amenities:include painted crosswalks,Signals,'lighting,and sign er • At the intersection of W Main Street and B Street NW,:amenities co Waned enurage pedestrian safety and:traffic calming:(i e.,curb extensioi s,roadway cltannelizaticon,installation,ofrectangular rapid flashing beacons,crosswalks,.and ADA curb ramps). At the Auburn Station,planned bicycle improvements include modifications to prepare for future increasedbicycle storage •. At five.existing bus stops along routes that connect with the Auburn Station,new bus shelters wouldbe installed. Traffic Mitigation The Environmental:Evaluation identified the need for traffic mitigation at one signalized intersection. owned by.the City of Auburn:74 Street SETA Street SE intersection(Intersection 20).It is projected to-:: operate within:its adopted level of service(LOS)standard of LOS E during the PM Penk period in the No Build scenario and;to eacceed:the'LOS standardin the'Project scenario'(L OS.F)without mitigation in The proposed mitigation at this intersection is to re-optimize the signal timings to meet its adopted LOS standard,or contribute to outer improvements agreed.to with the City:that mitigate project impacts,in lieu: of adjusting signal timing at the 3N1 Street SE/A.-Street SB intersection,Sound Transiitwill contribute• - $34.0,000.for the City's planned"A Street Loop"project The parties will first complete a funding agreement for Sound Transit's Oentribution to the City'sA Street.Loop Following completion ofthe' funding:ogr+eeinent,:Sound Transit's monetary contribution:will be provided:to the City.Petit.are: scheduled to be completed'prior to the issuance of the building permit for the perking garage.:: The City and Sound Transit :agree that bySound Transit contributing this amount,the.forecasted traffic.; impacts resulting from the Auburn Station.Parking rind Access Improvements project.have been sufficiently mitigated The City will Complete-110'A Street Loop project by 203?,the:year traf'ic impacts Would result from the new garage.T.lie City will use Sound.Transit's funding contribution to complete the traffic mitigation identified within the NEPA!SEPA Environmental Evaluation or other appropriate mitigation measures as agreed to:by both parties tf lire A Street Loop project is not complete by.2037. Next:Steps The Sound Transit Board.of.Directors is scheduled to Selectthe'project tote built.in the spring of 2020. This letter of concurrence between Sound,Transit and the.City of Auburn demonstrates that Sound Transit and the City have generally agreed on the scope elements of the project as listed in the jTroject Overview and'Scope.'section of this letter acid terve reached'concurrencc on traffe mitigation as outlined m tyle above section.Sound Transit staff appreoietes our ongoing partnership with tkteCity.of Auburn,We look forwardto future coordination toimprove access to Auburn Station. • '2 GA 0096-20 Page 15 of 16 DocuSign Envelope ID:F1860056-C2D5-4C1D-9412-7275E66C4239 Final Version—9/23/21 Sincerely, y 3,„" . karan Kitsis; . Deputy Executive D rector -Office of Copitel'?rojc Devolopmeart Sound Transit lo allo 1IP Y >_ 4 :+aM�ll bate j Citynttb �¢p�� cc: Melissa Flores Saxe,.:Sounder South Project Development Director. Chelsea Levyy South Corridor Development Director GA 0096-20 Page 16 of 16