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HomeMy WebLinkAboutReg 2018-02-05 Item 4D - Grant Acceptance - WA State Transportation Improvement Board for West Valley Highway (I-405 to Strander Boulevard) for $2,434,380COUNCIL AGENDA SYNOPSIS Meetini Date 02/05 8 Prepared by T 12.444 ITE Initials _ or''s review INFORMATION STAF[" SPONSOR: ROBIN SCHMAK Conncit rtriety ITEM No. 4.D. ORIGINAL AGENDA DATE: 02/05/1. AGENDA TEM TITLE West Valley Highway (I-405 toStrander Blvd) Accept WA State Transportation Improvement ord Grant CATEGORY Dis ussian Mtg Date SPONSOR SPONSOR'S SUMMARY REVIEW BY Council Mat Mfg Date tit/Oa ❑ Rerolutian Mtg Date ❑ HR. Ej .SCD ❑ Ordinance Mtg Dale Mai ❑ Bid Award Mtg Date Fire ❑ Public Hearing Mt& Date ❑ Other Mfg Date IT R 11 Police M1 Plt' The Ci..ty has been awarded grant funds of $2,434,3 .0 from the Washington State Transportation Improvement Board (TIB) to design and construct one northbound through lane, complete and widen sidewalks, and install a pedestrian activated signal crossing on West Valley Highway. With funding from the CMAQ grant and traffic impact fees, the City currently has $331,000 budgeted, but an additional $200,000 will be needed in 2019. Council is being asked to accept the TIB grant of $2,434,380.00 a COW Mtg. ❑ CA&P Cmte 0 F&S Cmte, /4 Transportation Corte O Utilities Corte 0 Arts Comm. ❑ Parks Comm: ® Planning Comm. DATE: 01/22/18 COMMITTEE CHAIR: THOMAS MCLEOD RECO ENDATIO S: SPONSOR/ADMLNL Public Works Department COMMIYI"EE unanimous Approval; Forward to Consent Agenda COST IMPACT/FUND SOURCE EXPENDITURE REQUIRED $0,00 AMOUNT BUDGETED $0.00 Fund Source. 104 ARTERIAL STREET (PAGE 26, 2017 CIP) Comments: $200,000 is currently listed in Beyond.. APPROPRIATION REQUIRED $200,000.00 0 MTG. DATE 02/05/18 MTG. DATE 02/0 /18 Info RECORD OF COUNCIL ACTION ATTACHMENTS ational a orandum dated 01 19/ WA S to Transpo tion Improvement Boa Grant Agreement page 26, 2017 CIP Map of southcenter P , e rian Spine Conne ing Tukwila S tion to SC Mall Minutes 0 the Transportation astru ure Committee meeting of 01/22/18 10 Public Works Department - Robin Tischmak, Acting Director INFORMATIONAL MEMORANDUM TO: Transportation and Infrastructure Committee FROM: Robin Tischmak, Acting Public Works Director BY: Cyndy Knighton, Senior Program Manager CC. Mayor Ekberg DATE: January 19, 2018 SUBJECT: West Valley Highway (1-405 to Strander Blvd) Project No. 99310410 Transportation Improvement Board Grant Award and Acceptance Allan Ekberg, Mayor ISSUE Formal City acceptance of a Washington State Transportation Improvement Board (TIB) grant in the amount of $2,434,380 which has been awarded to the West Valley Highway (1-405 to Strander Blvd) Project. BACKGROUND In July 2017, Council authorized staff to submit a grant application to the Washington State TIB for design and construction of the West Valley Highway Project, The grant application was successful, and funds are available once the City and TIB ratify the attached agreement. According to CIP Policy #12, staff must get approval from the full Council before accepting grants, DISCUSSION The project will design and construct the missing northbound through lane, complete the gaps in sidewalk on the east side, widen sidewalks on the west side from the new TUC Pedestrian/Bicycle Bridge to Longacres Way, and install a pedestrian activated signal across West Valley Highway (pending VVSDOT approval). Completing these improvements prior to the Strander Boulevard Extension Phase 3 being completed is important to support the overall mobility of the corridor. This project will ensure capacity is available for the new traffic volumes coming from Strander Boulevard, while providing a safe crossing for pedestrians and bicyclists. FISCAL IMPACT According to the terms of the TIB grant, Tukwila must certify full funding by November 17, 2018 or the grant may be terminated. The City's matching amount of $1,338,240 is through a combination of funding sources. A CMAQ grant awarded to Tukwila (via King County) of $484,800 for design and construction of sidewalks on West Valley Highway, $531,000 of general revenue, and $250,000 of impact fee revenue. Not all of the City matching funds are currently shown in the CIP as available, but instead require amending the CIP to allocate $200,000 shown in the "Beyond" years into 2018/2019. Funding Source Design Construction Total TIB Grant $280,820.00 $2,153,560.00 $2,434,380.00 Awarded CMAQ Grant 62,800.00 422,000.00 484,800.00 Traffic Impact Fees 37,500.00 212,500.00 250,000.00 Existing CIP 104 Fund 10,000.00 321,000.00 331,000.00 Requested General Fund 0.00 200,000.00 200,000.00 Total $391,120.00 $3,309,060,00 $3,700,180.00 RECOMMENDATION Council is being asked to formally accept the State Transportation Improvement Board grant for the West Valley Highway (1-405 to Strander Blvd) Project and consider this item on the Consent Agenda at the February 5, 2018 Regular Meeting. Attachments: Notification of Award letter dated November 17, 2017 State of Washington Transportation Improvement Board Agreement CIP Sheet WAPW Eng4PROJECTSW RW & RS Projects‘West Valtey Highway i99310410)ZesigrAINFO MEMO -TIB Grant Accept 011918 gl.docx 11 12 TIB Members Chair Commissioner Richard Stevens Grant County Vice Chair Mayor Patty Lent City of Bremerton Amy Asher RiverCities Transit Aaron Butters, P.E. ERN Lochner Inc. Jeff Carpenter, P.E. WSOOT Barbara Chamberlain WSOOT Elizabeth Chamberlain City of 'Walla Walla Commissioner Terri Drexler Mason County Gary Ekstedt, P.E. Yakima County Mayr Glenn Johnson City of Pullman John Klekotka, P.E. Port of Everett Commissioner Robert Koch Franklin County John Koster :ounty Road Administration Board Colleen Kuhn Human Services Council Mayor Ron Lucas Town of Steilacoorn Mick Matheson, P.E. City of MuklIteo E. Susan Meyer Spokane Transit Authority Laura Philpot, P.E. City of Maple Valley David Ramsay Feet First Martin Snell Clark County Ashley Probart Executive Director P.0, Box 40901 Olympia, WA 99504-0901 Phone 0586-1140 Fax: 360-586-1165 www.tib.wa.gov Washington State Transportation Improvement Board November 17, 2017 Mr. Robin Tischmak, City Engineer City of Tukwila 6300 Southcenter Blvd, Suite 100 Tukwila, WA 98188-2544 Dear Mf ischmak: RECEIVED DEC 0 1 2017 TUKWILA PUBLIC WORKS Congratulations! We are pleased to announce the selection of your project, West Valley Highway (SR 181), Strander Bvd to 1-405, TIB project number 8-1-116(013)-1. Total TB funds for this project are $2,434,380. 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; end • Return the above items to TB; 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 17, 2018 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 GrepA@TIB.wagov. Sincerely, Executive Director Enclostares Investing in your local community 13 14 Washington State Transportation Improvement Board 8-1-116(013)4 Fuel Tax Grant Agreement City of Tukwila 8-1-116(013)-1 West Valley Highway (SR 18 Strander Bvd to I-405 STATE OF WASHINGTON TRANSPORTATION IMPROVEMENT BOARD AND City of Tulvuvila AGREEMENT THIS GRANT AGREEMENT (hereinafter "Agreement") for the West Valley Highway (SR 181), Strander Bvd to F-405 (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"). 1.0 PURPOSE TB hereby grants funds in the amount of $2,434,380 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 TB 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 15 Washington State Transportation Improvement Board 8-1-116(013)4 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 Parries. 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 TIB 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-corripliance, 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) TIB 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, TIB 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 Page 2 of 5 November 2012 16 Washington State Transportation improvement Board 8-1416(01 - Fuel Tax Grant Agreement a) RECIPIENT is not making reasonable progress toward correction and compliance. b) TIB denies the RECIPIENTs 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. 9.4 TERMINATION FOR NECESSITY 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 17 Washington State Transportation improvement Board 8-1-116(013)4 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. 13M 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. ri 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 Page 4 of 5 November 2012 18 Washington State Transportation improvement Board 84- (013)4 Fuel Tax Grant Agreement 15.0 ENTIRE AGREEMENT This Agreement, together with the RECIPIENT'S Grant Application, the provisions of chapter 4726 Revised Code of Washirigton, the provisions of title 479 VVashington 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 By: Signature on file Guy Bowman Assistant Attorney General Lead Agency Transportation Improvement Board Chief Executive Officer Date Executive Director Date Print Name Print Name Fuel Tax Agreement Page 5 of 5 November 2012 19 20 PROJECT: DESCRIPTION: JUSTIFICATION: STATUS. MAINT. IMPACT: COMMENT: CI OF TUKWILA CAPITAL PROJECT SUMMARY 2017 to 2022 West Valley Hwy (1-405 Strander Blvd) Project No. 99310410 Design and construct completion of 7 lane sections of West Valley Hwy with curbs, gutters, storm drainage, lighting and traffic control, including safety and capacity improvements at the S 156th St intersection. Safety and capacity items need completion. Portions have been completed by development. Combined with W Valley Hwy/S 156th Intersection in 2017, Continuing to work with development. May be completed in phases; Longacres to S 156th St and then S 156th St to 1-405. Reduced maintenance. Project is on Traffic Impact Fee List. Grants from Federal STP awarded for $627k that includes $112k for design of sidewalk/bike path on Longacres Way (S 158th St) and proposed State Transportation Improvement Board grant of $1.3m for 2018/2019. FINANCIAL in $000's) Through Estimated 2015 2016 2017 2015 2019 2020 2021 2022 BEYOND TOTAL EXPENSES Design 16 382 150 548 Land {R+W) 100 100 200 Const. Mgmt 270 150 420 Construction 1,800' 1,000 2,800' TOTAL EXPENSES 16 482 2,070 0 0 0 19400 3,968 FUND SOURCES Awarded STP Grant 1$9; 438 627 Proposed TIB Grant 155 1,189 1,200 2„544 Mitigation Actual, 0 Traffic Impact Fees 128 122; 250 City Oper. Revenue 16 0 0 10 321 t3 tf 0 200 547 TOTAL SOURCES 16 482 Z070 0 0 0 1,400 39968; 2017 2022 Capital Improvement Program 26 21 22 Southcenter Pedestrian Spine Connecting Tukwila Station and Southcenter Mall a a • ■ • a 0 LL m 1- (LS O Cn CLS U) O O O 6 N >+ C6 N N a) 0 E O v a) E O > 0 E O N O 0 0 O Z O CO 0 CO Half Mile Radius 23 24 Transportation & Infrastructure Committee Minutes January 22, 2018 C. Grant Acceptance: West Valley Highway (1-405 to Strander Boulevard). Staff is seeking Council approval to accept a State Transportation Improvement Board grant in the amount of $2,434,380 for design and construction of the West Valley Highway project. The project will construct the missing northbound through lane, complete sidewalk gaps on the east side, widen sidewalks on the west side from the Pedestrian/Bicycle Bridge to Longacres Way, and install a pedestrian activated signal across West Valley Highway. The City has a required match of $1,338,240, available through sources such as other grants, general revenue and impact fee revenue. The CIP would need to be amended to allocate $200,000 to 2018/2019. Tukwila must certify full funding of the project by November 17, 2018 or risk losing the grant. Councilmember Quinn recommended engaging WSDOT on this important project as they are currently working on an update to the State's walking and biking plan and he serves on the steering committee. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 5, 2018 REGULAR CONSENT AGENDA. 111. MISCELLANEOUS SCATBd (South County Area Transportation Board) Councilmember Hougardy wishes to continue on SCATBd for 2018. SCATBd's legislative agenda was just released and it includes new financing tools to address aging infrastructure as well as solutions to address reduction of gas tax revenue. 2018 Committee Work Plan Committee members and staff reviewed the preliminary work plan for the Transportation & Infrastructure Committee, which lists Capital Projects and other items expected to be presented to the Committee this year by estimated quarter. The Committee requested an overview of the Annual Overlay and Repair Program at a future meeting. Chair McLeod stated that he would like information on the costs of crosswalk and stop sign installation, which will help the Committee make future decisions around traffic calming actions. The Transportation Committee Meeting adjourned at 6:44 p.m. Committee Chair Approval TM Minutes by LH, reviewed by GL 25