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HomeMy WebLinkAboutSpecial 2015-12-14 Item 2C - Grant Acceptance - 53rd Avenue South, South 137th Street to South 144th Street from WA State Transportation Improvement Board for $2,141,400COUNCIL AGENDA SYNOPSIS Initials Meeui Date Prepared by Mayors revie Council review 12/14/15 BG ITEM INFORMATION ITEMNO. Spec 2.C. 173 STAI "'I^ SPONSOR: BOB GIBERSON ORIGINAL_ AGENDA DATE: 12/14/15 AGI,"NDA I'I'I;M TrrLL; 53rd Ave S (S 137th St to S 144th St) State Transportation Improvement Board Grant Acceptance CATEGORY ❑ Discussion Aft g Date ® Motion Mtg Date 12119115 ❑ Resolution Aft Date ❑ Ordinance Mt g Date ❑ Bid Azvard Alt g Date ❑ Public Hearing g Date Mt ❑Other Mtg Date ❑ ❑ Mayor HR DCD SPONSOR Council ❑ ❑ E] Finance ❑Fire ❑ IT ❑ P&"R ❑ Police ®PIY� SPONSOR'S The City has been awarded state funding of $2,141,400.00 from the Washington State SUMMARY Transportation Improvement Board. The state funds will provide residential street improvements to 53rd Ave S from S 137th St to S 144th St. The TIB grant will cover right -of- way and construction only and the City match is 60 %. Council is being asked to accept WA State Transportation Improvement Board State Grant Funding of $2,141,400.00. RGVIEWED BY ❑ COW Mtg. ❑ CA &P Cmte ❑ F &S Cmte ® Transportation Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 12/07/15 COMMITTEE CHAIR: JOE DUFFLE RECOMMENDATIONS: SPONSOR /ADMIN. Public Works Department COMMI'I'I:I Unanimous Approval; Forward to Special Consent Agenda COST IMPACT / FUND SOURCE EXPENDITURE REQUIlL,D AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 $0.00 Fund Source: 103 RESIDENTIAL STREET FUND (PAGE 6, 2015 CIP) Comments: MTG. DATE RECORD OF COUNCIL ACTION 12/14/15 MTG. DATE ATTACHMENTS 12/14/15 Informational Memorandum dated 12/04/15 State TIB Grant Letter and Agreement Minutes from the Transportation Committee meeting of 12/07/15 r-- i 173 174 City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Transportation Committee; FROM: Bob Giberson, Public Works Director )�O BY: Robin Tischmak, City Engineer DATE: December 4, 2015 SUBJECT: 53 Id Ave S (S 137th St to S 144th St) Project No 99110301 Accept WA State Transportation Improvement Board Grant ISSUE Accept funding from the Washington State Transportation Improvement Board (TIB) for the 53rd Ave S street improvement project. BACKGROUND TIB advertises an annual Call for Projects with applications due in late August. The City submitted an application requesting funds for the 53rd Ave S street improvement project between S 137th St and S 144th St. This project is included in the City's Capital Improvement Program (CIP) and was previously submitted without successful funding. This year the 53rd Ave S project was selected for TIB funding for $2,141,400.00 as part of the FY 2017 project selection process. DISCUSSION The grant funds provided by TIB will be used to construct urban street improvements that include curbs, gutters, sidewalks, storm drainage facilities, and pavement reconstruction. The relocation of overhead utilities to underground facilities will also be included in the project, but will be funded primarily using City and Franchise Utility resources. FINANCIAL IMPACT There is currently $190,000 in residential streets and $200,000 in surface water for design of 53rd Ave S. The design funding was approved with City funding in the May budget amendment. State TIB grant funds are for right -of -way and construction only with a 60% local match. There is currently City funding listed in the CI that will cover the City's match. RECOMMENDATION Council is being asked to accept the Washington State Transportation Improvement Board funding in the amount of $2,141,400.00 for the 53rd Ave S Project and consider this item to the Consent Agenda at the December 14, 2015 Special Meeting. Attachments: Grant Letter & Agreement W:\PW Eng \PROJECTSW RW & RS ProjectsZ3rd Ave S (99110301) \Grants \Info Memo TIB Grant Accept 12 -04 -15 gl sb.docx 175 176 �ospl09ton S�ro 7 • , o m TIB Members Councilmember Bob Olson, Chair City of Kennewick Commissioner Richard Stevens, Vice Chair Grant County Jim Albert Office of Financial Management Pasco Bakotich, P.E. WSDOT Wendy Clark - Getzin, P.E. Clallam Transit Gary Ekstedt, P.E. Yakima County Mayor James Irish City of La Center John Klekotka, P.E. Port of Everett Commissioner Robert Koch Franklin County Colleen Kuhn Human Services Council Mayor Patty Lent City of Bremerton Mick Matheson, P.E. City of Sultan E. Susan Meyer Spokane Transit Authority Laura Philpot, P.E. City of Sommomish David Ramsay Feet First Amy Scarton WSDOT Heidi Stamm HS Public Affairs John Vodopich City of Bonney Lake Jay Weber County Rood Administration Board Clay White Snohomish County Stevan E. Gorcester Executive Director P.O. Box 40901 Olympia, WA 98504 -0901 Phone: 360 -586 -1140 Fax: 360 -586 -1165 www.tib.wa.gov Washington State Transportation Improvement Board November 20, 2015 Mr. Bob Giberson, P.E. Public Works Director City of Tukwila 6300 Southcenter Blvd, Suite 100 Tukwila, WA 98188 -2544 Dear Mr. Giberson: r" PUBLIC elf o W Congratulations! We are pleased to announce the selection of your project, 53rd Avenue S, S 137th Street to S 144th Street, TIB project number 8 -1- 116(012) -1. Total TIB funds for this project are $2,141,400. Before any work is allowed on this project, you must: - Verify the information on the Project Funding Status Form, revise if necessary, and sign; - Submit the section of your adopted Six Year Transportation Plan listing this project; - Sign both copies of the Fuel Tax Grant Distribution Agreement; and - Return the above items to TIB. You may only incur reimbursable expenses after you receive approval from TIB. In accordance with RCW 47.26.084, you must certify full funding by November 20, 2016 or the grant may be terminated. Grants may also be rescinded due to unreasonable project delay as described in WAC 479 -05 -211. If you have questions, please contact Greg Armstrong, TIB Project Engineer, at (360) 586 -1142 or e -mail GregA(a-)tib.wa.gov. Sincerely, r Stevan Gorcester Executive Director Enclosures Investing in your local community 177 178 Washington State Transportation Improvement Board Fuel Tax Grant Agreement City of Tukwila 8- 1- 116(012) -1 53rd Avenue S S 137th Street to S 144th Street STATE OF WASHINGTON TRANSPORTATION IMPROVEMENT BOARD AND City of Tukwila AGREEMENT 8 -1- 116(012) -1 THIS GRANT AGREEMENT (hereinafter "Agreement ") for the 53rd Avenue S, S 137th Street to S 144th Street (hereinafter "Project ") is entered into by the WASHINGTON STATE TRANSPORTATION IMPROVEMENT BOARD (hereinafter "TIB ") and City of Tukwila, a political subdivision of the State of Washington (hereinafter "RECIPIENT "). fi�ill>t171i�� TIB hereby grants funds in the amount of $2,141,400 for the project specified above, pursuant to terms contained in the RECIPIENT'S Grant Application, supporting documentation, chapter 47.26 RCW, title 479 WAC, and the terms and conditions listed below. 2.0 SCOPE AND BUDGET The Project Scope and Budget are initially described in RECIPIENT's Grant Application and incorporated by reference into this Agreement. Scope and Budget will be further developed and refined, but not substantially altered during the Design, Bid Authorization and Construction Phases. Any material alterations to the original Project Scope or Budget as initially described in the Grant Application must be authorized by TIB in advance by written amendment. 3.0 PROJECT DOCUMENTATION TIB requires RECIPIENT to make reasonable progress and submit timely Project documentation as applicable throughout the Project. Upon RECIPIENT's submission of each Project document to TIB, the terms contained in the document will be incorporated by reference into the Agreement. Required documents include, but are not limited to the following: a) Project Funding Status Form b) Bid Authorization Form with plans and engineers estimate c) Award Updated Cost Estimate d) Bid Tabulations e) Contract Completion Updated Cost Estimate with final summary of quantities f) Project Accounting History 4.0 BILLING AND PAYMENT The local agency shall submit progress billings as project costs are incurred to enable TIB to maintain accurate budgeting and fund management. Payment requests may be submitted as often as the RECIPIENT deems necessary, but shall be submitted at least quarterly if billable Fuel Tax Agreement Page 1 of 5 November 2012 IM v ; Washington State Transportation Improvement Board 8- 1- 116(012) -1 Fuel Tax Grant Agreement amounts are greater than $50,000. If progress billings are not submitted, large payments may be delayed or scheduled in a payment plan. 5.0 TERM OF AGREEMENT This Agreement shall be effective upon execution by TIB and shall continue through closeout of the grant or until terminated as provided herein, but shall not exceed 10 years unless amended by the Parties. 6.0 AMENDMENTS This Agreement may be amended by mutual agreement of the Parties. Such amendments shall not be binding unless they are in writing and signed by persons authorized to bind each of the Parties. 7.0 ASSIGNMENT The RECIPIENT shall not assign or transfer its rights, benefits, or obligations under this Agreement without the prior written consent of TIB. The RECIPIENT is deemed to consent to assignment of this Agreement by TO to a successor entity. Such consent shall not constitute a waiver of the RECIPIENT's other rights under this Agreement. 8.0 GOVERNANCE & VENUE This Agreement shall be construed and interpreted in accordance with the laws of the state of Washington and venue of any action brought hereunder shall be in the Superior Court for Thurston County. 9.0 DEFAULT AND TERMINATION 9.1 NON - COMPLIANCE a) In the event TIB determines, in its sole discretion, the RECIPIENT has failed to comply with the terms and conditions of this Agreement, TIB shall notify the RECIPIENT, in writing, of the non - compliance. b) In response to the notice, RECIPIENT shall provide a written response within 10 business days of receipt of TIB's notice of non - compliance, which should include either a detailed plan to correct the non - compliance, a request to amend the Project, or a denial accompanied by supporting details. C) TO will provide 30 days for RECIPIENT to make reasonable progress toward compliance pursuant to its plan to correct or implement its amendment to the Project. d) Should RECIPIENT dispute non - compliance, TO will investigate the dispute and may withhold further payments or prohibit the RECIPIENT from incurring additional reimbursable costs during the investigation. 9.2 DEFAULT RECIPIENT may be considered in default if TIB determines, in its sole discretion, that: Fuel Tax Agreement i m Page 2 of 5 November 2012 0*.*,4 Washington State Transportation Improvement Board 8 -1- 116(012) -1 Fuel Tax Grant Agreement a) RECIPIENT is not making reasonable progress toward correction and compliance. b) TIB denies the RECIPIENT's request to amend the Project. C) After investigation TIB confirms RECIPIENT'S non - compliance. TIB reserves the right to order RECIPIENT to immediately stop work on the Project and TIB may stop Project payments until the requested corrections have been made or the Agreement has been terminated. 9.3 TERMINATION a) In the event of default by the RECIPIENT as determined pursuant to Section 9.2, TIB shall serve RECIPIENT with a written notice of termination of this Agreement, which shall be served in person, by email or by certified letter. Upon service of notice of termination, the RECIPIENT shall immediately stop work and /or take such action as may be directed by TIB. b) In the event of default and /or termination by either PARTY, the RECIPIENT may be liable for damages as authorized by law including, but not limited to, repayment of grant funds. C) The rights and remedies of TIB provided in the AGREEMENT are not exclusive and are in addition to any other rights and remedies provided by law. TIB may, with ten (10) days written notice, terminate this Agreement, in whole or in part, because funds are no longer available for the purpose of meeting TIB's obligations. If this Agreement is so terminated, TIB shall be liable only for payment required under this Agreement for performance rendered or costs incurred prior to the effective date of termination. 10.0 USE OF TIB GRANT FUNDS TIB grant funds come from Motor Vehicle Fuel Tax revenue. Any use of these funds for anything other than highway or roadway system improvements is prohibited and shall subject the RECIPIENT to the terms, conditions and remedies set forth in Section 9. If Right of Way is purchased using TIB funds, and some or all of the Right of Way is subsequently sold, proceeds from the sale must be deposited into the RECIPIENT's motor vehicle fund and used for a motor vehicle purpose. 11.0 INCREASE OR DECREASE IN TIB GRANT FUNDS At Bid Award and Contract Completion, RECIPIENT may request an increase in the TIB funds for the specific project. Requests must be made in writing and will be considered by TIB and awarded at the sole discretion of TIB. All increase requests must be made pursuant to WAC 479 -05 -202 and /or WAC 479 -01 -060. If an increase is denied, the recipient shall be liable for costs incurred in excess of the grant amount. In the event that final costs related to the specific project are less than the initial grant award, TIB funds will be decreased and /or refunded to TIB in a manner that maintains the original ratio between TIB funds and total project costs. Fuel Tax Agreement Page 3 of 5 November 2012 181 Washington State Transportation Improvement Board 8 -1- 116(012) -1 Fuel Tax Grant Agreement 12.0 INDEPENDENT CAPACITY The RECIPIENT shall be deemed an independent contractor for all purposes and the employees of the RECIPIENT or any of its contractors, subcontractors, and employees thereof shall not in any manner be deemed employees of TIB. 13.0 INDEMNIFICATION AND HOLD HARMLESS The PARTIES agree to the following: Each of the PARTIES, shall protect, defend, indemnify, and save harmless the other PARTY, its officers, officials, employees, and agents, while acting within the scope of their employment as such, from any and all costs, claims, judgment, and /or awards of damages, arising out of, or in any way resulting from, that PARTY's own negligent acts or omissions which may arise in connection with its performance under this Agreement. No PARTY will be required to indemnify, defend, or save harmless the other PARTY if the claim, suit, or action for injuries, death, or damages is caused by the sole negligence of the other PARTY. Where such claims, suits, or actions result from the concurrent negligence of the PARTIES, the indemnity provisions provided herein shall be valid and enforceable only to the extent of a PARTY's own negligence. Each of the PARTIES agrees that its obligations under this subparagraph extend to any claim, demand and /or cause of action brought by, or on behalf of, any of its employees or agents. For this purpose, each of the PARTIES, by mutual negotiation, hereby waives, with respect to the other PARTY only, any immunity that would otherwise be available to it against such claims under the Industrial Insurance provision of Title 51 RCW. In any action to enforce the provisions of the Section, the prevailing PARTY shall be entitled to recover its reasonable attorney's fees and costs incurred from the other PARTY. The obligations of this Section shall survive termination of this Agreement. 14.0 DISPUTE RESOLUTION a) The PARTIES shall make good faith efforts to quickly and collaboratively resolve any dispute arising under or in connection with this AGREEMENT. The dispute resolution process outlined in this Section applies to disputes arising under or in connection with the terms of this AGREEMENT. b) Informal Resolution. The PARTIES shall use their best efforts to resolve disputes promptly and at the lowest organizational level. c) In the event that the PARTIES are unable to resolve the dispute, the PARTIES shall submit the matter to non - binding mediation facilitated by a mutually agreed upon mediator. The PARTIES shall share equally in the cost of the mediator. d) Each PARTY agrees to compromise to the fullest extent possible in resolving the dispute in order to avoid delays or additional incurred cost to the Project. e) The PARTIES agree that they shall have no right to seek relief in a court of law until and unless the Dispute Resolution process has been exhausted. Fuel Tax Agreement 182 Page 4 of 5 November 2012 Washington State Transportation Improvement Board 8- 1- 116(012) -1 Fuel Tax Grant Agreement 15.0 ENTIRE AGREEMENT This Agreement, together with the RECIPIENT'S Grant Application, the provisions of chapter 47.26 Revised Code of Washington, the provisions of title 479 Washington Administrative Code, and TIB Policies, constitutes the entire agreement between the PARTIES and supersedes all previous written or oral agreements between the PARTIES. 16.0 RECORDS MAINTENANCE The RECIPIENT shall maintain books, records, documents, data and other evidence relating to this Agreement and performance of the services described herein, including but not limited to accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Agreement. RECIPIENT shall retain such records for a period of six years following the date of final payment. At no additional cost, these records, including materials generated under the Agreement shall be subject at all reasonable times to inspection, review or audit by TIB personnel duly authorized by TIB, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement. If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. Approved as to Form Attorney General Signature on file Guy Bowman Assistant Attorney General Lead Agency Chief Executive Officer Date Print Name Fuel Tax Agreement Transportation Improvement Board Page 5 of 5 Executive Director Date Print Name November 2012 183 :A 4 City Of Tukwila Transportation Committee TRANSPORTATION COMMITTEE Meeting Minutes December 7, 2015 — 5:15 p.m. — Foster Conference Room, 6300 Building Councilmembers: Joe Duffie, Chair; Allan Ekberg, Kathy Hougardy Staff: David Cline, Bob Giberson, Frank Iriarte, David Sorensen, Pat Brodin, Gail Labanara, Ryan Larson, Grant Griffin, Laurel Humphrey Guest: Ildefonso Joe Eustaquio CALL TO ORDER: Committee Chair Duffie called the meeting to order at 5:19 p.m. I. PRESENTATIONS II. BUSINESS AGENDA A. Consultant Selection: 2016 Overlay and Repair Program Staff is seeking Council approval to enter into a contract with KPG, Inc. in the amount of $133,861.16 to provide design services for the 2016 Overlay and Repair Program. KPG, Inc. was selected from an evaluation pool of five firms due to their experience with the City. The purpose of this project is to construct asphalt and concrete pavement overlays at 10 sections of roadway throughout the City. UNANIMOUS APPROVAL. FORWARD TO DECEMBER 14, 2015 REGULAR CONSENT AGENDA. B. Contract Supplement: Major Maintenance on 3 Bridges 2015 Project Staff is seeking Council approval of Supplement No. 1 to Contract No. 15 -139 with David Evans and Associates, Inc. in the amount of $46,769.00 for the Major Maintenance on 3 Bridges 2015 Project. Site investigations of the Frank Zepp Bridge revealed unanticipated settlement and pier movement, requiring additional survey and design work. The proposed supplement will adjust the project schedule, revise technical statements in the scope of work, and address a lighting safety concern on the west end of the trail. The total contract as supplemented is $735,737.00, which is under the project budget of $866,000.00. UNANIMOUS APPROVAL. FORWARD TO DECEMBER 14, 2015 REGULAR CONSENT AGENDA. C. Grant Acceptance: 53 d Avenue South (South 137th Street to South 144th Street) Staff is seeking Council approval to accept grant funding in the amount of $2,141,400.00 from the Washington State Transportation Improvement Board (TIB) for the 531 Avenue South (South 137th Street to South 144th Street) Project. The funds will be used to construct street improvement including curbs, gutters, sidewalks, storm drainage facilities, and pavement reconstruction. Relocation of utilities are included in the project but will be funded primarily by City and Franchise utility resources. Construction is expected to begin in Spring 2017. UNANIMOUS APPROVAL. FORWARD TO DECEMBER 14, 2015 REGULAR CONSENT AGENDA. D. Grant Acceptance: NPDES Phase II Permit Staff is seeking Council approval to accept grant funding in the amount of $50,000 from the Department of Ecology for the NPDES Phase II Permit and Surface Water Project. Funds will be used towards the Low Impact Development (LID) Gap Analysis and Implementation which must be adopted by the end of 2016. No City match is required. UNANIMOUS APPROVAL. FORWARD TO DECEMBER 14, 2015 REGULAR CONSENT AGENDA. 185