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HomeMy WebLinkAbout13-171 - WA State Department of Transportation (WSDOT) - Regional Mobility Grant for Tukwila Urban Center Pedestrian-Bicycle Bridge13-171(b) Council Approval N/A The SECOND AMENDMENT to AGREEMENT GCB 1518 entered into between the Washington State Department of Transportation (hereinafter referred to as "WSDOT"), and City of Tukwila (hereinafter referred to as "CONTRACTOR"), and/or individually referred to as the "PARTY" and collectively referred to as the "PARTIES," RECITALS WHEREAS, the State of Washington in its Sessions Laws of 2018 Chapter 297 Section 220 (1), (2), (4), (5), (8) and (9) provides Rural Mobility, Paratransit/Special Needs, Regional Mobility, Transit Coordination, Transit Projects and other special proviso funding through the multimodal transportation account, rural mobility grant program account, and regional mobility program account, as identified in the budget through its 2017-2019 biennial appropriations to WSDOT; WHEREAS, WSDOT Public Transportation Division administers Regional Mobility Grant Program funds to provide assistance solely for transportation projects as identified in LEAP Transportation Document 2018-2 ALL PROJECTS as developed on March 5, 2018, Program - Public Transportation Program (V); and WHEREAS, both PARTIES agree to amend AGREEMENT GCB 1518 to identify the availability of $1,986,873 in Regional Mobility Grant funding for the 2017-2019 biennium; WHEREAS, both PARTIES agree to amend AGREEMENT GCB 1518 to extend the Term of Project end date from June 30, 2017 to June 30, 2019; NOW THEREFORE, the following AMENDMENTS are hereby incorporated into AGREEMENT GCB 1518: AGREEMENT 1. RECITALS are hereby incorporated into this AGREEMENT. 2. Amend the caption heading, "PROJECT COST" to read as follows 3. Amend the caption 4. Amend the caption UPIN: 20130100 Project Costs: 2013-2015 RMG Funds 2015-2017 RMG Funds 2017-2019 RMG Funds $ 62,000 $4,821,127 $1,986,873 Total RMG Funds Contractor's Share Total Project Cost $6,870,000 $2,043,567 $8,913,567 heading, "WSDOT Contact" to read as follows: WSDOT Contact: Alan Soicher 360-705-7917 heading, "Term of Project" to read as follows: From July 1, 2013 to June 30, 2019 Page 1 of 2 GC131518-02 5. Amend Exhibit I, Scope of Work and Budget to read as follows: Funding by Project: Project A: Tukwila Pedestrian -Bicycle Bridge Scope of Work: Right-of-way acquisition and construction of new pedestrian/bicycle bridge across the Green River, connecting the Tukwila Urban Center to the Sounder Commuter Rail/Amtrak Station and surrounding neighborhood. Funds 2013-2015 Funds 2015-2017 Funds 2017-2019 Funds Total Funds Awarded State Regional Mobility Grant Funds $62,000 $4,821,127 $1,986,873 $6,870,000 Contractor's Funds $ 0 $ 0 $2,043,567 $2,043,567 Total Project Funds $62,000 $4,821,127 $4,030,440 $8,913,567 Budget: Current Funds reflect total funding appropriated by the Washington State Legislature for this Project in the 2017-2019 biennium. 6. A copy of this AMENDMENT to the AGREEMENT shall be attached to and made a part of the original AGREEMENT. Any references to the "AGREEMENT" shall mean "AGREEMENT as amended." 7. All other terms and conditions of the original AGREEMENT not hereby amended shall remain in full force and effect. This document may be simultaneously executed in several counterparts, each of which shall be deemed original having identical legal effect. IN WITNESS WHEREOF, the PARTIES hereto have executed this AMENDMENT the day and year last written below. WASHINGTON STATE DEPARTMENT OF TRANSPORTATION By: Brian Lagerberg, Director Public Transportation Division Date: %- 2 f--7- z UPIN: 20130100 CONTRACTOR By://14 Authr zed ' ep esentat've f Title:y� a —to V 1 ll Print Name: Pac, \. G � z Date: Page 2 of 2 GCB1518-02 13-171(a) Council Approval N/A The FIRST AMENDMENT to AGREEMENT GCB1518 entered into between the Washington State Department of Transportation (hereinafter referred to as "WSDOT"), and City of Tukwila(hereinafter referred to as"CONTRACTOR"), and/or individually referred to as the"PARTY"and collectively referred to as the"PARTIES," RECITALS WHEREAS, the State of Washington in its Sessions Laws of 2015, Chapter 10,Section 220(4) and(5 ), provides Regional Mobility funding through the multimodal transportation account and the regional mobility grant program account as identified in the budget through its 2015-2017 biennial appropriations to WSDOT; WHEREAS,the State of Washington in its Sessions Laws of 2015, Chapter 43, Section 207, subsection (2), (3),(4) and (7), added new revenue funds for Paratransit/Special Needs,Paratransit/Special Needs Non-profit,Regional Mobility and other proviso funding through the multimodal transportation account, rural mobility grant program account,and regional mobility program account, as identified in the budget through its 2015-2017 biennial appropriations to WSDOT; WHEREAS, WSDOT Public Transportation Division administers Regional Mobility Grant Program funds to provide assistance solely,for transportation projects as identified in LEAP Transportation Document 2015-2 ALL PROJECTS Public Transportation V, as developed on May 26,2015; WHEREAS, both PARTIES agree to amend AGREEMENT GCB1701 to reduce the 2013-2015 Regional Mobility Grant award of$4,600,000 to the actual amount spent of$61,569 in 2013- 2015 biennium and re-appropriate the remaining$4,538,431 in Regional Mobility Grant funds to the 2015-2017 biennium; WHEREAS,both PARTIES agree to amend AGREEMENT GCB 1518 to add an additional $2,270,000 in 2015-2017 Regional Mobility Grant funds and to identify the remaining availability of$6,808,431 in Regional Mobility Grant funding for the 2015-2017 biennium; WHEREAS,both PARTIES agree to amend AGREEMENT GCB 1518 to change the WSDOT Contact information from Mark Eldridge to Tom Hanson; WHEREAS,both PARTIES agree to amend AGREEMENT GCB1518 to change the Project's end date to June 30,2017; and WHEREAS,both PARTIES agree to amend AGREEMENT GCB1518 to add the Project Identification Number(PIN), 20130100,in the Project title caption space in the agreement's header for project tracking purposes; NOW THEREFORE,the following AMENDMENTS are hereby incorporated into AGREEMENT GCB 1518: AGREEMENT 1. RECITALS are hereby incorporated into this AGREEMENT. 2. Amend the Caption Heading, "Project Title"to read as follows: Project Title: Tukwila Pedestrian-Bicycle Bridge PIN: 20130100 Page 1 of 2 GCB1518-01 3. Amend the Caption Heading, "WSDOT Contact"to read as follows: WSDOT Contact: Tom Hanson 360-705-7919 4. Amend the Caption Heading, "Term of Project"to read as follows: From July 1, 2013 to June 30, 2017 5. Amend the Caption Heading, "Project Cost"to read as follows Project Cost Total Project Cost $10,217,833 State Regional Mobility Grant Funds $ 6,870,000 Minimum Matching Funds Required $2,043,567 6. Amend "EXHIBIT I,PROJECT SCOPE,SCHEDULE AND BUDGET"to read as follows: Project A: Tukwila Pedestrian-Bicycle Bridge Scope of Work: Right-of-way acquisition and construction of new pedestrian/bicycle bridge across the Green River, connecting the Tukwila Urban Center to the Sounder Commuter Rail/Amtrak Station and surrounding neighborhood. Total Project Cost TOTAL PROJECT COST $10,217,833 2013-2015 RMG Funds Spent $ 61,569 2015-2017 RMG Funds Available $ 6,808,431 Total RMG Grant Funds $ 6,870,000 Minimum Matching Funds Required $ 2,043,567 7. A copy of this AMENDMENT to the AGREEMENT shall be attached to and made a part of the original AGREEMENT. Any references to the"AGREEMENT" shall mean "AGREEMENT as amended." 8. All other terms and conditions of the original AGREEMENT not hereby amended shall remain in full force and effect. This document may be simultaneously executed in several counterparts,each of which shall be deemed original having identical legal effect. IN WITNESS WHEREOF,the PARTIES hereto have executed this AMENDMENT the day and year last written below. WASHIN 6'TON..TA E CONTRACTOR D 'A' ' I, EN 1OF RA SPO TATION Brian Lagerberg,Director Authorized Representative Public Transportation Division Title: 44,ng,( ;l— Print Name: 4 UK/0- r j �- Date: 1141( Date: 044.41 Ctok-1 l illo Page 2 of 2 GCB1518-01 13 -171 Council Approval 10/21/13 State Capital Construction Grant Agreement WSDOT Regional Mobility Grant Program Washington State Department of Transportation Public Transportation Division 310 Maple Park Avenue SE PO Box 47387 Olympia, WA 98504 -7387 WSDOT Contact: Mark Eldridge 360 - 705 -7273 Contractor: City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Contact Person: Cyndy Knighton 206 - 431 -2450 Term of Project: From July 1, 2013 to July 1, 2017 ID #: SW001802300 Scope of Project: As set forth in Exhibit I, Project Scope, Schedule and Budget, and Attachment A to Exhibit I Project Title: Tukwila Pedestrian-Bicycle Bridge y g Location: As set forth in Exhibit I Attachment A Project Costs: Total Project Cost $ 10,217,833 State Regional Mobility Grant Funds $ 4,600,000 Minimum Matching Funds Required $ 2,043,567 Agreement Number: GCB1518 THIS AGREEMENT, entered into by the Washington State Department of Transportation, hereinafter "WSDOT," and the contractor identified above, hereinafter the "CONTRACTOR," individually the "PARTY" and collectively the "PARTIES," WITNESSETH THAT: WHEREAS, pursuant to RCW 47.66.030 the Regional Mobility Grant Program has been established to aid local governments in funding projects such as intercounty connectivity service, park and ride lots, rush hour transit service, and other capital projects that improve the connectivity and efficiency of the state's transportation system; WHEREAS, pursuant to RCW 47.66.040 WSDOT shall select projects based on a competitive process consistent with local, regional, and state transportation plans, local transit development plans and local comprehensive land use plans; WHEREAS, pursuant to chapter 44.48 RCW the Legislative Evaluation and Accountability Program (LEAP) Committee provides analysis and monitoring of state expenditures, budgets and related fiscal matters and consults with Legislative committees; WHEREAS, the State of Washington in its Sessions Laws of 2013, chapter 306, section 220(4) and (5), provides Regional Mobility funding through the multimodal transportation account and the regional mobility grant program account as identified in the budget through its 2013 -2015 biennial appropriations to WSDOT; WHEREAS, WSDOT Public Transportation Division administers Regional Mobility Grant Program funds to provide assistance solely for transportation projects as identified in LEAP Transportation Document 2013 -2 ALL PROJECTS as developed on April 23, 2013 Public Transportation V; NOW, THEREFORE, in consideration of the terms, conditions, performances, and mutual covenants herein set forth and the attached Exhibit I, "Project Scope, Schedule and Budget," IT IS MUTUALLY AGREED AS FOLLOWS: ' d 2 a216/Al,e5 GCB1518 Page 1 of 13 Section 1 Purpose of Agreement The purpose of this AGREEMENT is for WSDOT to provide capital funding to the CONTRACTOR for the design, acquisition, construction and/or improvements of capital facilities and infrastructure to be used in the provision of transportation services to persons in the State of Washington, hereinafter referred to as the "Project." Reference to the "Project" shall include all such capital facilities, infrastructure and/or associated equipment designed, acquired, constructed, improved or installed under this AGREEMENT. Section 2 Scope of Project The CONTRACTOR agrees to perform the work and complete the Project described and detailed in Exhibit I, "Project Scope, Schedule and Budget" and in accordance with its Attachment A, "Project Application — Location and Description of Work" (hereinafter referred to as "Attachment A ") , and in accordance with the terms and conditions of this AGREEMENT. By the preceding reference Exhibit I with its Attachment A is fully incorporated herein as if fully set out in this AGREEMENT. In the event any conflicting terms exist between Exhibit I, "Project Scope, Schedule and Budget" and Attachment A, Exhibit I, "Project Scope, Schedule and Budget" supersedes and shall prevail over Attachment A. Section 3 Term of Project The Project period of this AGREEMENT shall commence and terminate on the dates shown in the caption space header titled "Term of Project" regardless of the date of execution of this AGREEMENT, unless terminated as provided herein. The caption space header titled "Term of Project" and all caption space headers above are by this reference incorporated herein into the AGREEMENT as if fully set forth in the AGREEMENT. Section 4 State Review of Project WSDOT shall review the project identified in this AGREEMENT as Exhibit I, "Project Scope, Schedule and Budget" and Attachment A, at least semiannually to determine whether the Project is making satisfactory progress. If WSDOT has awarded funds, but the CONTRACTOR does not report satisfactory activity within one (1) year of the initial grant award, WSDOT shall review the Project to determine whether the grant should be terminated as provided in Section 33, Termination.. Section 5 Project Costs and Minimum Match Requirement The reimbursable costs of the Project shall not exceed the amount indicated for "State Regional Mobility Grant Funds" located within the caption space header titled "Project Costs." The CONTRACTOR agrees to expend eligible funds, together with other funds allocated for the Project, in an amount sufficient to complete the Project as detailed in Exhibit I, "Project Scope, Schedule and Budget" and Attachment A. The CONTRACTOR is required to provide a minimum match of funds for the Project as identified in the caption space header titled "Project Costs" in the amount indicated as "Minimum Matching Funds Required." Examples of eligible matching funds are listed in WSDOT's Guide to Managing Your Regional Mobility Grant, 2013 version, which can be found at www.wsdot.wa.gov /Transit/Grants /mobility.htm and any amendments thereto, which by this reference is fully incorporated herein as if fully set out in this AGREEMENT. If at any time the CONTRACTOR becomes aware that the cost which it expects to incur in the performance of this AGREEMENT will exceed or be less than the amount identified as "Total Project Cost" in the caption space header titled "Project Costs," the CONTRACTOR shall notify WSDOT in writing within thirty (30) calendar days of making that determination. Section 6 Inspection of the Project The CONTRACTOR shall inspect the Project pursuant to this AGREEMENT as required during construction and upon Project completion. Upon receipt and acceptance of the Project, the CONTRACTOR agrees that it has fully inspected the Project and accepts it as being in good condition and repair, and that the CONTRACTOR is satisfied with the Project and that the Project complies with all regulations, rules, and laws. GCB1518 Page 2 of 13 Section 7 Use of Park and Ride Facilities In order to be eligible to receive a Regional Mobility grant, a transit agency must establish a process for private transportation providers to apply for the use of park and ride facilities. Section 8 Miscellaneous Charges and Conditions The CONTRACTOR shall pay and be solely responsible for all storage charges, parking charges, late fees, and fines, as well as any fees and taxes, except applicable state sales or use tax, which may be imposed with respect to the Project by a duly constituted governmental authority as the result of the CONTRACTOR's use or intended use of the Project. All replacements, repairs, or substitutions of parts or Project Equipment shall be at the cost and expense of the CONTRACTOR. Section 9 Payment A. State funds shall be used to reimburse the CONTRACTOR for allowable expenses incurred in completing the Project described in Exhibit I, "Project Scope, Schedule and Budget" and Attachment A. Allowable Project expenses shall be determined by WSDOT as described in WSDOT's Guide to Managing Your Regional Mobility Grant, 2013 version, and any subsequent amendments thereto. In no event shall the total amount reimbursed by WSDOT hereunder exceed the "State Regional Mobility Grant Funds" identified in the caption space header titled "Project Costs." B. Payment will be made by WSDOT on a reimbursable basis for actual net Project costs incurred within the timeframe in the caption space titled "Term of Project" less any pre - payment discounts, rebates, late penalties and/or refunds. Such costs to be reimbursed shall be calculated as described in WSDOT's Guide to Managing Your Regional Mobility Grant, 2013 version, and any subsequent amendments thereto. The CONTRACTOR may submit to WSDOT requests for partial payment for eligible costs incurred no more than once per month and the CONTRACTOR shall submit to WSDOT an invoice or financial summary of the activity of the Project at least quarterly. Payment is subject to the submission to and approval by WSDOT of appropriate invoices, reports, and financial summaries. C. The CONTRACTOR shall submit an invoice by the 15th of July of every state fiscal year (July 1 through June 30) of the Term of Project. If the CONTRACTOR is unable to provide an invoice by this date, the CONTRACTOR shall provide an estimate of the charges to be billed so WSDOT may accrue the expenditures in the proper fiscal period. Any subsequent reimbursement request submitted will be limited to the amount accrued as set forth in this section. The CONTRACTOR's final payment request must be received by WSDOT by July 15 immediately following the final fiscal year of the Term of Project , within thirty (30) days of the completion of the Project, or within thirty (30) days of the termination of this AGREEMENT, whichever is sooner. Any payment request received after the 15`h day after the end of the grant period will not be eligible for reimbursement. Section 10 Assignments, Subcontracts, and Leases A. Unless otherwise authorized in advance in writing by WSDOT, the CONTRACTOR shall not assign any completed Project facilities and/or infrastructure under this AGREEMENT, or execute any contract, amendment, or change order thereto pertaining to the Project or obligate itself in any manner with any third party with respect to its rights and responsibilities under this AGREEMENT or lease or lend the Project or any part thereof to be used by anyone not under the CONTRACTOR's direct supervision. B. The CONTRACTOR agrees to include Sections 11 through 23 of this AGREEMENT in each subcontract and in all contracts it enters into for the employment of any individuals, procurement of any materials, or the performance of any work to be accomplished under this AGREEMENT. The PARTIES further agree that those clauses shall not be modified, except to identify the subcontractor or other person or entity that will be subject to its provisions. In addition, the following provision shall be included in an advertisement or invitation to bid for any procurement by the CONTRACTOR under this AGREEMENT: Statement of Financial Assistance: "This AGREEMENT is subject to the appropriations of the State of Washington." GCB1518 Page 3 of 13 Section 11 Reports and Project Use A. The CONTRACTOR agrees that the Project shall be used for the provision of transportation services within the area indicated in Exhibit I Attachment A Section 4 for the Project's reporting period of project term plus four years after the project is complete, as set forth in WSDOT's Guide to Managing Your Regional Mobility Grant, 2013 version, and any subsequent amendments thereto.. The CONTRACTOR further agrees that it will not use or permit the use of the Project in a negligent manner or in violation of any law, or so as to avoid any insurance covering the same, or permit the Project to become subject to any lien, charge, or encumbrance. Should the CONTRACTOR unreasonably delay or fail to use the Project during the project term and reporting period, the CONTRACTOR agrees that it may be required to refund up to the entire amount of the "State Regional Mobility Grants Funds" expended on the Project. The CONTRACTOR shall immediately notify WSDOT when any Project facilities and/or infrastructure is withdrawn from Project use or when the Project or any part thereof is used in a manner substantially different from that identified in Exhibit I, "Project Scope, Schedule and Budget" and Attachment A. If the Project is permanently removed from transportation services, the CONTRACTOR agrees to immediately notify WSDOT of its intentions regarding the disposal of the Project or any part of the Project thereof. B. Reports. The CONTRACTOR shall submit quarterly reports to WSDOT for the Term of Project, regarding the progress of the Project and annual performance reports for four calendar years after the project is operationally complete, as prescribed in WSDOT's Guide to Managing Your Regional Mobility Grant, 2013 version, and any subsequent amendments thereto or as WSDOT may require, including, but not limited to, interim and annual reports. The CONTRACTOR shall keep satisfactory written records with regard to the use of Project and shall submit the following reports to, and in a form and at such times prescribed by WSDOT as set forth in WSDOT's Guide to Managing Your Regional Mobility Grant, 2013 version, and any subsequent amendments thereto: 1. An approved Performance Measurement Plan must be on file with WSDOT before submitting the first reimbursement request. 2.An Annual Performance Report that includes a summary of overall project performance and supporting data. 3. Reports describing the current usage of the Project and other data which WSDOT may request from the CONTRACTOR by memos, e -mails or telephone requests. 4. In the event any portion of the Project sustains disabling damage, the CONTRACTOR shall notify WSDOT immediately after the occasion of the damage, including the circumstances thereof. 5. The CONTRACTOR shall collect and submit to WSDOT, at such time as WSDOT may require, such financial statements, data, records, contracts, and other documents related to the Project as may be deemed necessary by WSDOT. C. Remedies for Misuse or Noncompliance. The CONTRACTOR shall not use the Project or any part thereof in a manner different from that described in Exhibit I, Project Scope, Schedule and Budget, and Attachment A, as set forth in Section 2 of the AGREEMENT. If WSDOT determines that the Project has been used in a manner different from Exhibit I, Project Scope, Schedule and Budget, and Attachment A, WSDOT may direct the CONTRACTOR to repay WSDOT the State funded share of the "Project Costs." WSDOT may also withhold payments should it determine that the CONTRACTOR has failed to comply with any provision of this AGREEMENT. Section 12 Maintenance of the Project The CONTRACTOR shall make all necessary repairs and reasonably maintain the Project to assure it remains in good and operational condition until the end of its useful life. The useful life of the constructed project will be determined by using the North American Industry Classification System (NAICS) code tables. All service, materials, and repairs in connection with the use and operation of the Project during its useful life shall be at the CONTRACTOR's expense. CONTRACTORS who are transit agencies must also have a Transit Asset Management Plan certified by WSDOT that details the transit agency's plan to maintain the Project. All other CONTRACTORS must submit a written Maintenance Plan to WSDOT for approval prior to the occupation and/or operations of the Project. The CONTRACTOR agrees, at a minimum, to maintain the Project and service or replace parts at intervals recommended in the manuals and/or instructions provided by the subcontractors and/or component manufacturers, or sooner if needed. The CONTRACTOR shall have the Project routinely inspected and make arrangements for any appropriate service and repair under the manufacturer's warranty. WSDOT shall not be liable for repairs. The CONTRACTOR shall retain records of all maintenance and parts replacement performed on the Project in accordance with Section 22, Audits, Inspection, and Retention of Records. The CONTRACTOR shall provide copies of such records to WSDOT, upon request. GCB1518 Page 4 of 13 Section 13 General Compliance Assurance The CONTRACTOR agrees to comply with all instructions as prescribed in WSDOT's Guide to Managing Your Regional Mobility Grant, 2013 version, and any amendments thereto. The CONTRACTOR agrees that, WSDOT and/or any authorized WSDOT representative, shall have not only the right to monitor the compliance of the CONTRACTOR with respect to the provisions of this AGREEMENT, but also have the right to seek judicial enforcement with regard to any matter arising under this AGREEMENT. It is understood by the CONTRACTOR that this assurance obligates the CONTRACTOR and any transferee of the CONTRACTOR, or said transferee's successor(s), for the term of this AGREEMENT." Section 14 Compliance with State Design Standards The CONTRACTOR agrees the Project design must comply with all Washington State Standard Specifications for Road, Bridge, and Municipal Construction (www.wsdot.wa.gov/Publications /Manuals /M41- 10.htm), and any revisions thereto. Projects that wish to use design standards that differ from state standards must submit a request to WSDOT's Public Transportation Division and obtain documented approval before design work commences. Section 15 No Obligation by the State Government No contract between the CONTRACTOR and its subcontractors shall create any obligation or liability of WSDOT with regard to this AGREEMENT without WSDOT's specific written consent, notwithstanding its concurrence in, or approval of, the award of any contract or subcontract or the solicitations thereof and the CONTRACTOR hereby agrees to include this provision in all contracts it enters into for the design, acquisition, and construction of facilities and/or infrastructure related to the Project, or the performance of any work to be accomplished under this AGREEMENT. Section 16 Ethics A. Relationships with Employees and Officers of WSDOT. The CONTRACTOR shall not extend any loan, gratuity or gift of money in any form whatsoever to any employee or officer of WSDOT, nor shall the CONTRACTOR rent or purchase any Project equipment and materials from any employee or officer of WSDOT. B.. Employment of Former WSDOT Employees. The CONTRACTOR hereby warrants that it shall not engage on a full, part-time, or other basis during the period of this AGREEMENT, any professional or technical personnel who are, or have been, at any time during the period of this AGREEMENT, in the employ of WSDOT without written consent of WSDOT. Section 17 Compliance with Laws and Regulations The CONTRACTOR agrees to abide by all applicable state and federal laws and regulations including but not limited to, those concerning employment, equal opportunity employment, nondiscrimination assurances, project record keeping necessary to evidence compliance with such federal and state laws and regulations, and retention of all such records. The CONTRACTOR will adhere to all of the nondiscrimination provisions in Chapter 49.60 RCW. Section 18 State and Local Law Except when a federal statute or regulation pre -empts state or, local law, no provision of this AGREEMENT shall require the CONTRACTOR to observe or enforce compliance with any provision, perform any other act, or do any other thing in contravention of state or local law. Thus if any provision or compliance with any provision of this AGREEMENT violates state, or local law, or would require the CONTRACTOR to violate state or local law, the CONTRACTOR agrees to notify WSDOT immediately in writing. Should this occur, WSDOT and the CONTRACTOR agree to make appropriate arrangements to proceed with or, if necessary, expeditiously, terminate the Project. Section 19 Labor Provisions Overtime Requirements. No CONTRACTOR or subcontractor contracting for any part of the Project work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty (40) hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one -half times the basic rate of pay for all GCB1518 Page 5 of 13 hours worked in excess of forty (40) hours in such workweek. CONTRACTOR will comply with Title 49 RCW, Labor Regulations. Section 20 Environmental Protections and Archeological Preservation The CONTRACTOR agrees to comply with all applicable requirements of chapter 43.21C RCW "State Environmental Policy Act" (SEPA). The CONTRACTOR also agrees to comply with all applicable requirements of Executive Order 05 -05, Archeological and Cultural Resources, for all capital construction projects or land acquisitions for the purpose of a capital construction project, not undergoing Section 106 review under the National Historic Preservation Act of 1966 (Section 106). Section 21 Accounting Records A. Project Accounts. The CONTRACTOR agrees to establish and maintain for the Project either a separate set of accounts or separate accounts within the framework of an established accounting system that can be identified with the Project. The CONTRACTOR agrees that all checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the Project shall be clearly identified, readily accessible and available to WSDOT upon request, and, to the extent feasible, kept separate from documents not pertaining to the Project. B. Documentation of Project Costs and Program Income. The CONTRACTOR agrees to support all allowable costs charged to the Project, including any approved services contributed by the CONTRACTOR or others, with properly executed payrolls, time records, invoices, contracts, or vouchers describing in detail the nature and propriety of the charges. The CONTRACTOR also agrees to maintain accurate records of all program income derived from implementing the Project. Section 22 Audits, Inspection, and Retention of Records A. Submission of Proceedings, Contracts, Agreements, and Other Documents. During the term of the Project and for six (6) years thereafter, the CONTRACTOR agrees to retain intact and to provide any data, documents, reports, records, contracts, and supporting materials relating to the Project as WSDOT may require. Project closeout does not alter these recording and record - keeping requirements. Should an audit, enforcement, or litigation process be commenced, but not completed, during the aforementioned six (6) year period then the CONTRACTOR's obligations hereunder shall be extended until the conclusion of that pending audit, enforcement, or litigation process. B. General Audit Requirements. The CONTRACTOR agrees to obtain any other audits required by WSDOT at CONTRACTOR's expense. Project closeout will not alter the CONTRACTOR's audit responsibilities. C. Inspection. The CONTRACTOR agrees to permit WSDOT, and the State Auditor, or their authorized representatives, to inspect all Project work materials, payrolls, maintenance records, and other data, and to audit the books, records, and accounts of the CONTRACTOR and its contractors pertaining to the Project. The CONTRACTOR agrees to require each third party to permit WSDOT, the State Auditor, or their duly authorized representatives, to inspect all work, materials, payrolls, maintenance records, and other data and records involving that third party contract, and to audit the books, records, and accounts involving that third party contract as it affects the Project. Section 23 Permitting The CONTRACTOR agrees to be solely responsible for all required Federal, State and/or local permitting as related to the Project. Section 24 Loss or Damage to the Project A. The CONTRACTOR, at its own expense, shall cover any loss, theft, damage, or destruction of the Project's facilities, associated equipment and/or infrastructure using either of the following methods: 1. The CONTRACTOR shall maintain property insurance for facilities, associated equipment and/or infrastructure adequate to cover the value of the Project; the CONTRACTOR shall supply a copy of the Certificate of Insurance specifying such coverage to WSDOT with the first request for reimbursement, and supply proof of renewal annually thereafter; or 2. The CONTRACTOR shall certify that it has self - insurance and provide a written certificate of self - insurance to WSDOT with the first request for reimbursement, and annually thereafter. The CONTRACTOR will cover from its own GCB1518 Page 6 of 13 resources the costs of repairing or replacing any Project facilities, associated equipment and/or infrastructure, if it is stolen, damaged, or destroyed in any manner. B. If the damage to the Project does not result in a total loss, payments for damage shall be paid directly to the CONTRACTOR. The CONTRACTOR shall, within thirty (30) days, either: 1. Devote all of the insurance proceeds received to repair the Project and place it back in service, and the CONTRACTOR shall, at its own expense, pay any portion of the cost of repair which is not covered by insurance; or 2. In the event the CONTRACTOR certified to self- insurance, devote all funds necessary to repair the Project and place it back into service. C. If the Project is a total loss, either by theft or damage, the insurance proceeds or equivalent shall be paid directly to the CONTRACTOR and within fifteen (15) days the CONTRACTOR shall pay WSDOT its proportionate funded share of such proceeds received. The CONTRACTOR shall within sixty (60) days of loss, theft, or damage, notify WSDOT that it either: 1. Intends to replace the lost Project facilities, associated equipment and/or infrastructure; or 2. Does not intend to replace the lost Project facilities, associated equipment and/or infrastructure. D If the CONTRACTOR intends to replace the Project facilities, associated equipment and/or infrastructure then WSDOT will reimburse the CONTRACTOR upon receipt of an approved invoice, funds up to the amount WSDOT received in insurance proceeds. E. Coverage, if obtained or provided by the CONTRACTOR in compliance with this section, shall not be deemed as having relieved the CONTRACTOR of any liability in excess of such coverage as required by the limitation of liability section of this AGREEMENT, or otherwise. Section 25 Limitation of Liability A. The CONTRACTOR shall indemnify and hold WSDOT, its agents, employees, and officers harmless from and process and defend at its own expense any and all claims, demands, suits at law or equity, actions, penalties, losses, damages, or costs (hereinafter referred to collectively as "claims "), of whatsoever kind or nature brought against WSDOT arising out of, in connection with or incident to this AGREEMENT and/or the CONTRACTOR's performance or failure to perform any aspect of this AGREEMENT. This indemnity provision applies to all claims against WSDOT, its agents, employees and officers arising out of, in connection with or incident to the negligent acts omissions of the CONTRACTOR, its agents, employees and officers. Provided, however, that nothing herein shall require the CONTRACTOR to indemnify and hold harmless or defend the WSDOT, its agents, employees or officers to the extent that claims are caused by the negligent acts or omissions of the WSDOT, its agents, employees or officers. The indemnification and hold harmless provision shall survive termination of this AGREEMENT. B. The CONTRACTOR shall be deemed an independent contractor for all purposes, and the employees of the CONTRACTOR or its subcontractors and the employees thereof, shall not in any manner be deemed to be employees of WSDOT. C. The CONTRACTOR specifically assumes potential liability for actions brought by CONTRACTOR's employees and/or subcontractors and solely for the purposes of this indemnification and defense, the CONTRACTOR specifically waives any immunity under the State Industrial Insurance Law, Title 51 Revised Code of Washington. D. In the event either the CONTRACTOR or WSDOT incurs attorney's fees, costs or other legal expenses to enforce the provisions of this section of this AGREEMENT against the other PARTY, all such fees, costs and expenses shall be recoverable by the prevailing PARTY. Section 26 Personal Liability of Public Officers No officer or employee of WSDOT shall be personally liable for any acts or failure to act in connection with this AGREEMENT, it being understood that in such matters he or she is acting solely as an agent of WSDOT. Section 27 WSDOT Advice The CONTRACTOR bears complete responsibility for the administration and success of the Project as it is defined by this AGREEMENT and any amendments thereto. If the CONTRACTOR solicits advice from WSDOT on problems that may arise, the offering of WSDOT advice shall not shift the responsibility of the CONTRACTOR for the correct GCB1518 Page 7 of 13 administration and success of the Project, and WSDOT shall not be held liable for offering advice to the CONTRACTOR. Section 28 Forbearance by WSDOT Not a Waiver Any forbearance by WSDOT in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. Section 29 Lack of Waiver In no event shall any WSDOT payment of funds to the CONTRACTOR constitute or be construed as a waiver by WSDOT of any CONTRACTOR breach, or default. Such payment shall in no way impair or prejudice any right or remedy available to WSDOT with respect to any breach or default Section 30 Changed Conditions Affecting Performance The CONTRACTOR hereby agrees to immediately notify WSDOT of any change in conditions or law, or of any other event, which may affect its ability to perform the Project in accordance with the provisions of this AGREEMENT. Section 31 Agreement Modifications Either PARTY may request changes to this AGREEMENT. Any changes to the terms of this AGREEMENT must be mutually agreed upon and incorporated by written amendment to this AGREEMENT. Such amendments shall not be binding or valid unless signed by the persons authorized to bind each of the PARTIES. Section 32 Disputes A. Disputes. Disputes, arising in the performance of this AGREEMENT, which are not resolved by agreement of the PARTIES, shall be decided in writing by the WSDOT Public Transportation Division's Assistant Director or designee. This decision shall be final and conclusive unless within ten (10) days from the date of CONTRACTOR'S receipt of WSDOT's written decision, the CONTRACTOR mails or otherwise furnishes a written appeal to the Director of the Public Transportation Division or the Director's designee. The CONTRACTOR's appeal shall be decided in writing by the Director of the Public Transportation Division within thirty (30) days of receipt of the appeal by the Director of the Public Transportation Division or the Director's designee. The decision shall be binding upon the CONTRACTOR and the CONTRACTOR shall abide by the decision. B. Performance During Dispute. Unless otherwise directed by WSDOT, CONTRACTOR shall continue performance under this AGREEMENT while matters in dispute are being resolved. C. Claims for Damages. Should either PARTY to this AGREEMENT suffer injury or damage to person, property, or right because of any act or omission of the other PARTY or any of that PARTY's employees, agents or others for whose acts it is legally liable, a claim for damages therefore shall be made in writing to such other PARTY within thirty (30) days after the first observance of such injury or damage. D. Rights and Remedies. All remedies provided in this AGREEMENT are distinct and cumulative to any other right or remedy under this document or afforded by law or equity, and may be exercised independently, concurrently, or successively and shall not be construed to be a limitation of any duties, obligations, rights and remedies of the PARTIES hereto. No action or failure to act by the WSDOT or CONTRACTOR shall constitute a waiver of any right or duty afforded any of them under this AGREEMENT, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. Section 33 Termination A. Termination for Convenience. WSDOT and/or the CONTRACTOR may suspend or terminate this AGREEMENT, in whole or in part, and all or any part of the financial assistance provided herein, at any time by written notice to the other PARTY. WSDOT and the CONTRACTOR shall agree upon the AGREEMENT termination provisions including but not limited to the settlement terms, conditions, and in the case of partial termination the portion to be terminated. Written notification must set forth the reasons for such termination, the effective date, and in case of a partial termination the portion to be terminated. However if, in the case of partial termination, WSDOT determines that the remaining portion of the award will not accomplish the purposes for which the award was made, WSDOT may GCB1518 Page 8 of 13 terminate the award in its entirety. PARTIES may terminate this AGREEMENT for convenience for reasons including, but not limited to, the following: 1. The requisite funding becomes unavailable through failure of appropriation or otherwise; 2. WSDOT determines, in its sole discretion, that the continuation of the Project would not produce beneficial results commensurate with the further expenditure of funds; 3. The CONTRACTOR is prevented from proceeding with the Project as a direct result of an Executive Order of the President with respect to the prosecution of war or in the interest of national defense; or an Executive Order of the President or Governor of the State with respect to the preservation of energy resources; 4. The CONTRACTOR is prevented from proceeding with the Project by reason of a temporary preliminary, special, or permanent restraining order or injunction of a court of competent jurisdiction where the issuance of such order or injunction is primarily caused by the acts or omissions of persons or agencies other than the CONTRACTOR; or 5. The State Government or WSDOT determines that the purposes of the statute authorizing the Project would not be adequately served by the continuation of financial assistance for the Project. 6. In the case of termination for convenience under subsections A.1 -5 above, WSDOT shall reimburse the CONTRACTOR for all costs payable under this AGREEMENT that the CONTRACTOR properly incurred prior to termination. The CONTRACTOR shall promptly submit its claim for reimbursement to WSDOT. If the CONTRACTOR has any property in its possession belonging to WSDOT, the CONTRACTOR will account for the same, and dispose of it in the manner WSDOT directs. B. Termination for Default. WSDOT may suspend or terminate this AGREEMENT for default, in whole or in part, and all or any part of the financial assistance provided herein, at any time by written notice to the CONTRACTOR, if the CONTRACTOR materially breaches or fails to perform any of the requirements of this AGREEMENT, including: I. Takes any action pertaining to this AGREEMENT without the approval of WSDOT, which under the procedures of this AGREEMENT would have required the approval of WSDOT; 2. Jeopardizes its ability to perform pursuant to this AGREEMENT, United States of America laws, Washington state laws, or local governmental laws under which the CONTRACTOR operates; 3. Failure to perform the Project or any part thereof including, but not limited to: a) Failure to build the Project according to the design specifications and all building code required standards; b) Failure to remedy all defects in the performance of the Project and correct all faulty workmanship by the CONTRACTOR or its subcontractors in a timely manner; c) Failure to take any action which could affect the ability of the Project to perform its designated function or takes any action which could shorten its useful life for Project use or otherwise; or d) Failure to make reasonable and appropriate use of the Project real property, facilities, equipment and/or infrastructure. 4. Fails to make reasonable progress on the Project or other violation of this AGREEMENT that endangers substantial performance of the Project; or 5. Fails to perform in the manner called for in this AGREEMENT, or fails, to comply with or, is in violation of, any provision of this AGREEMENT. WSDOT shall serve a notice of termination on the CONTRACTOR setting forth the manner in which the CONTRACTOR is in default hereunder. If it is later determined by WSDOT that the CONTRACTOR had an excusable reason for not performing, such as events which are not the fault of or are beyond the control of the CONTRACTOR, such as a strike, fire or flood, WSDOT may: a) allow the CONTRACTOR to continue work after setting up a new delivery of performance schedule, or b) treat the termination as a termination for convenience. C. WSDOT, in its sole discretion may, in the case of a termination for breach or default, allow the CONTRACTOR ten (10) business days, or such longer period as determined by WSDOT, in which to cure the defect. In such case, the notice of termination will state the time period in which cure is permitted and other appropriate conditions. If the CONTRACTOR fails to remedy to WSDOT's satisfaction the breach or default within the timeframe and under the conditions set forth in the notice of termination, WSDOT shall have the right to terminate this AGREEMENT without any further obligation to CONTRACTOR. Any such termination for default shall not in any way operate to preclude WSDOT from also pursuing all available remedies against CONTRACTOR and its sureties for said breach or default. D. In the event that WSDOT elects to waive its remedies for any breach by CONTRACTOR of any covenant, term or condition of this AGREEMENT, such waiver by WSDOT shall not limit WSDOT's remedies for any succeeding breach of that or of any other term, covenant, or condition of this AGREEMENT. GCB1518 Page 9 of 13 Section 34 Venue and Process In the event that either PARTY deems it necessary to institute legal action or proceedings to enforce any right or obligation under this AGREEMENT, the PARTIES hereto agree that any such action shall be initiated in the Superior Court of the State of Washington situated in Thurston County. The PARTIES agree that the laws of the State of Washington shall apply. Section 35 Subrogation A. Prior to Subrogation. WSDOT may require the CONTRACTOR to take such action as may be necessary or appropriate to preserve the CONTRACTOR's right to recover damages from any person or organization alleged to be legally responsible for injury to the Project or other property in which WSDOT has a financial interest. B. Subrogation. WSDOT may require the CONTRACTOR to assign to WSDOT all right of recovery against any person or organization for loss, to the extent of WSDOT's loss. Upon assignment, the CONTRACTOR shall execute, deliver, and do whatever else necessary to secure WSDOT's rights. The CONTRACTOR shall do nothing after any loss to prejudice the rights of WSDOT. C. Duties of the Contractor. If WSDOT has exercised its right of subrogation, the CONTRACTOR shall cooperate with WSDOT and, upon WSDOT's request, assist in the prosecution of suits and enforce any right against any person or organization who may be liable to WSDOT due to damage to the Project. The CONTRACTOR shall attend hearings and trials as requested by WSDOT, assist in securing and giving evidence as requested by WSDOT, and obtain the attendance of witnesses as requested by WSDOT. Section 36 Severability If any covenant or provision of this AGREEMENT shall be adjudged void, such adjudication shall not affect the validity or obligation of performance of any other covenant or provision, or any part thereof, which in itself is valid if such remainder conforms to the terms and requirements of applicable law and the intent of this AGREEMENT. No controversy concerning any covenant or provision shall delay the performance of any other covenant or provision except as herein allowed. Section 37 Counterparts This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. The CONTRACTOR does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements and their supporting materials contained and/or mentioned herein, and does hereby accept WSDOT's grant and agrees to all of the terms and conditions thereof. Section 38 Complete Agreement This document contains all covenants, stipulations, and provisions agreed upon by WSDOT. No agent or representative of WSDOT has authority to make, and WSDOT shall not be bound by or be liable for, any statement, representation, promise or agreement not set forth herein or made by written amendment hereto. Section 39 Execution This AGREEMENT is executed by the Director, Public Transportation Division, State of Washington, Department of Transportation or the Director's designee, not as an individual incurring personal obligation and liability, but solely by, for and on behalf of the State of Washington, Department of Transportation, in the capacity as Director, Public Transportation Division, or as a designee. Section 40 Binding Agreement The undersigned acknowledge that they are authorized to execute this AGREEMENT and bind their respective agency(ies) and/or entity(ies) to the obligations set forth herein. GCB1518 Page 10 of 13 IN WITNESS WHEREOF, the PARTIES hereto have executed this AGREEMENT the day and year last written below. WASHINGTON STATE DEPART F TRANSPORTATION By: agerberg, hirector Public Transporta ion Division Date: APPROVED AS TO FORM By: Susan Cruise Assistant Attorney General Date: July 11, 2013 CONTRACTOR Titl Print Name: v / n' Print Title N Ay0 Date: GCB1518 Page 11 of 13 EXHIBIT I PROJECT SCOPE, SCHEDULE AND BUDGET Total Project Cost 10,217,833 2013 -15 Biennium Grant Amount 4,600,000 Minimum match requirement 2,043,567 Project A Right -of -way acquisition and construction of new pedestrian/bicycle bridge across the Green River, connecting the Tukwila Urban Center to the Sounder Commuter Rail /Amtrak Station and surrounding neighborhood. See Attachment A, Regional Mobility Grant Project Application — Location and Description of Work for additional details. GCB1518 Page 12 of 13 Attachment A to Exhibit I Project Application Location and Description of Work GCB1518 Page 13 of 13 L4 1. Project Summary 2013 -2015 Regional Mobility Grant Project Title Tukwila Urban Center Pedestrian - Bicycle Bridge over the Green River Category I 2 Yr 4 Yr CN OP EV Lead Agency City of Tukwila Federal Tax ID # 91- 6001519 Legislative Districts 11 Mailing address 6200 Southcenter Blvd Tukwila, WA 98188 Grant request for 2013 - 2015 Grant request for 2015 - 2017 $4,600,000 $2,270,000 Total grant request $6,870,000 EXPENDITURE PLAN Address to receive reimbursement checks 6300 Southcenter Blvd, Suite 100 Tukwila, WA 98188 2013 -2015 Biennium Jul - Sep, 2013 Oct - Dec, 2013 Jan - Mar, 2014 Apr - Jun, 2014 Jul - Sep, 2014 Oct - Dec, 2014 Jan - Mar, 2015 Apr - Jun, 2015 $30,000 $370,500 $699,500 Pro ject Manager Cyndy Knighton Phone no. 206 -431 -2450 Email @TukwilaWA.gov $300,000 $800,000 $1,200,000 $1,200,000 Total 2013 -2015 Biennium $4,600,000 _Cyndy.Knighton Grant Administrator Gail Labanara Phone no. 206 -431 -3665 F211 a ii Gail.Labanara @TukwilaWA.gov 2015 -2017 Biennium Jul - Sep, 2015 Oct - Dec, 2015 Jan - Mar, 2016 Apr- Jun,2016 Jul - Sep, 2016 Oct - Dec, 2016 Jan - Mar, 2017 Apr- Jun, 2017 $1,500,000 $570,000 $200,000 Billing Contact Gail Labanara Phone no. 206 -431 -3665 Emil Gail Labanara@TukwilaWA gov Total 2015 -2017 Biennium $2,270,000 Total grant request both biennium's $6,870,000 11fF{ ' #= :?llti d �z Ea�: Summarize the proposed grant project Right of way acquisition and construction of a new pedestrian/bicycle bridge across the Green River, connecting the Tukwila Urban Center "core" (including the Tukwila Transit Center and an area planned for compact mixed -uses including residential, employment, shopping and entertainment) to the Sounder Commuter Rail /Amtrak Station and surrounding neighborhood of transit - oriented development. WSDOT Approved Vehicle Trips Reduced (V1) WSDOT Approved Vehicle 1V81es Traveled Reduced (VMI) 68,398 In Year 1 667,192 In Year 1 `'`99,274 In Year 4 1,085,420 In Year 4 T� State Readiness to Proceed Checklist Design % complete 2. Readiness to Proceed 2013 -2015 Regional Mobility Grants 15% Environmental permits applied for? Yes ❑ No approved? Yes n No Building permits applied for? Yes n No approved? Yes ❑ No Executive Order 05 -05 compliance applied for? Yes n No approved? Yes ❑ No Land /right -of -way % acquired 0% Construction % complete RFP (or IFB) published? Yes n No Or — other agency procurement identified? Yes ❑ No Vendor selected? Yes ❑ No 0% 0 rA 0 Additional Information The project is currently fully funded through final design which will be complete by the end of 2013, including all environmental permitting. Design funding includes federal grants and general City funds. Milestones of design are: 30% Design 60% Design 90% Design Final PS &E (100% Design) January 2013 May 2013 September 2013 December 2013 Work on all the required environmental permits has begun, which includes Section 106 (National Historic Preservation Act) making the EO 0505 compliance NOT required._ Additional permits include a general bridge permit from the US Coast Guard, Section 404 through the US Army Corps of Engineers, JARPA, as well as local City Shoreline permit. Permit applications will be submitted throughout the design as the necessary level of information is available. First submittal will occur at the 30% design milestone. 3. Project Description (two pages) 2013 -2015 Regional Mobility Grants Describe the problem this project is designed to solve in relation to both the local public transportation system and the broader regional transportation system. Include the location and the specific congested corridor or situation. In the face of growing traffic congestion, this bridge will vastly improve multi -modal connections in Tukwila's Transit Oriented Development (TOD) district, the northern portion of the Tukwila Urban Center (TUC), by providing a non - motorized link between employment, transit, lodging, and regional trails. Since 2001, Tukwila has been working toward its vision of a walkable, transit - oriented core of the TUC, while remaining true to the vibrant retail center that provides a strong economic engine to Tukwila and the state of Washington. Balancing cars and freight with transit and non - motorized transportation is a challenge. Use of the car will continue in Southcenter, but as Tukwila's TOD area matures, demand will increase for improved access to transit and more active transportation choices. Future and recently completed investments include: - Tukwila Urban Access Improvement Project, on the west side of the mall, in 2011 - Tukwila's GTEC Plan adopted in 2008 - Walk & Roll Plan, Tukwila's non- motorized plan, adopted in 2009 - Tukwila Transit Center on Andover Park West and King County Metro's RapidRide F -Line in Sept. 2013 - Sound Transit's Commuter Rail Station at Longacres, starting in 2013 with completion by 2015 - A new sub -area plan for the Southcenter area, to be adopted in early 2013 The key missing piece to setting the stage for all this is a safe and convenient pedestrian and bicycle connection between the TUC "core" area and the Sounder Commuter Rail station. Currently, the Green River stands as a barrier between the places of employment in the TUC and the Sounder Commuter Rail /Amtrak Station. The river is an amenity for the 8 major hotels (1231 rooms) in the area but also is the same barrier between hotel patrons and the retail and entertainment district, unless of course, you have a car or use an available hotel shuttle. Two regional trails used heavily by bicycle commuters run generally parallel with each other and the Green River in this area: the Interurban and Green River Trails. The Interurban Trail doesn't provide direct access into Southcenter, but a very circuitous route via the north intersection with the Green River Trail exists. That connection, however, is 1.7 miles long compared to only 0.2 mile with the proposed Pedestrian- Bicycle bridge. (See Site Map) While options do exist for pedestrians/bicyclists to cross over the Green River, the connections are poor and more than 1/2 mile apart. Currently the only direct way for a pedestrian/bicyclist to travel between the TUC core area and the Sounder Commuter Rail /Amtrak Station/hotel district is via Strander Boulevard - a highly congested, auto - oriented arterial with minimal pedestrian facilities and no bike facilities. The Pedestrian - Bicycle Bridge will provide more direct, safe, and enjoyable access between the Station/hotels and Southcenter jobs and entertainment. A more pedestrian- oriented environment and network needs to develop as the TUC and area around the station continue to evolve into a more compact, mixed use pattern of development envisioned in an transit oriented development. The Pedestrian - Bicyde Bridge will serve as a critical piece of this network, improving access to regional transportation facilities and providing an attractive altemative to auto travel for the residents, employees, shoppers and visitors. The project site is part of a planned mixed -use pedestrian spine that will link the Sounder Rail station to the TUC core - 90 acres of office, retail, lodging, and entertainment. At the Mall -end of the spine (Andover Park West) is the Tukwila Transit Center with the highest ridership in the City and expected highest ridership for the new F -Line. At the rail station, Sounder has 5 peak direction and 2 reverse peak direction trains providing service and new services will be added over the next several years. Amtrak's Cascadia Passenger Train between Salem, OR and Vancouver, BC also serves this station. Commuter rail service, and in particular Amtrak rail service, is expected to significantly increase over the next twenty years. Diversion by commuters to using Sounder Rail as an altemative to driving alone improves roadway operation well beyond the city limits: benefits to 1 -5, 1-405, and SR 167 are possible. 3. Project Description (two pages) 2013 -2015 Regional Mobility Grants Describe how the proposed grant project will address the above problem. The Pedestrian - Bicyde Bridge would connect one of the region's major employment and shopping centers to the adjacent commuter rail station, which would be a short trip on foot or bicycle once the bridge is completed. People already travel from the Sounder Commuter Rail/Amtrak Station to Tukwila's urban center, however, many do so by car or bus due to lack of an amenable pedestrian environment, and the long distance between the station and the urban center. Of the 13,700 employees within the 1/2 mile radius from the bridge (within Tukwila), more than 90% of them are located on the west side of the Green River. Currently, people walking or bicycling to the urban center must travel nearly a mile along West Valley Highway and Strander Boulevard (six -lane and four -lane roads, respectively) - both with high traffic volumes and vehicle speeds. The bridge would shorten the distance between the Sounder Commuter Rail /Amtrak Station and the urban center to less than half of a mile; making the time it takes to walk from the station to the urban center about as long as it would take to drive - shorter during periods of high congestion such as during peak holiday shopping. The bridge would strengthen the non - motorized connection between the two areas, helping support transit- oriented development on both sides of the river as envisioned in the city's urban center plan. The new pedestrian/bicycle bridge would also directly connect the urban center to the Interurban and Green River Trails; two of the region's "bicyde highways" - regional bicycle commuter trails used by a large number of bicyde commuters. Walking distance to the Southcenter Mall, the Puget Sound's largest mall and a major employment center for the Tukwila Urban Center, would also be decreased to 3/4 mile. This project would encourage more people to walk and bike from the Sounder Commuter Rail /Amtrak Station by significantly reducing time and distance between the two major activity areas, creating a non - motorized facility separated from vehicle traffic which would provide views of the river and connections to regional trails, provide a break in Tukwila's super -block which range from 900 to 2,900 feet in the area, and advancing the vision of Tukwila's urban center plan. The project will enhance the pedestrian experience and serve as an important component of the Tukwila Comprehensive Plan's strategies for improved pedestrian/bicycle /transit amenities linking the Southcenter Mall area to the Sounder Commuter Rail /Amtrak Station. The enhancements are a focal point in the City's Walk and Roll Plan. Ultimately, the goal of the project is to meet the needs of existing pedestrians and bicyclists, and riders of buses, Commuter Rail and Amtrak, as well as planning for the transportation needs of projected growth in the Tukwila Urban Center. The Pedestrian-Bicycle Bridge Across the Green River: • Links to the City's urban center sidewalk system • Connects with the regional Green River and Interurban Trails on either side of the Green River • Lines up with and connects to pathways leading into the Sounder Commuter Rail /Amtrak Station • Moves bicycles and pedestrians to a safer and more convenient route , preserving Strander Boulevard as a corridor for freight and auto movements • Encourages commuters to use Sounder Commuter Rail to get into work within the Urban Center • Provides a safe and convenient connection to the Urban Center for users (commuters and recreational users) of the Interurban Trail. • Provides an attractive non - motorized access to the Urban Center to the patrons of the area hotels (1,231 rooms) Construction of the Pedestrian- Bicycle Bridge will provide this quality connection across the Green River for decades to come. ** *Please see comments in Section 9 for explanation on Section 10 cost effectiveness responses * ** • 0 * 0 4. Maps 2013-2015 Regional Mobility Grants Please provide re1evut addresses and cross streets. - r iCrossing the Green River at approximate!y Baker Boulevard (ti extended), connecting West Val land Christensen Road. 1 Please include the following maps as a PDF attachment to the grant application. Regional location reap o Engineering drawing or site map(s) it An aerial image of the project site(s) ay Highway All a' plicraits submitting a hard copy of the grant application must include hard copies of the maps. Tukwila Urban -Center .Peciestrian•Sicycle Bridge Over the -Green River VICINiTY MAP