HomeMy WebLinkAboutReg 2020-10-19 Item 3E - Grant Agreement - South 152nd Sreet Safe Routes to School with Sound Transit for $369,000ITEM INFORMATION
STAFF SPONSOR: CYNDY KNIGHTON ORIGINAL AGENDA DATE: 10/19/20
AGENDA ITEM TITLE South 152nd Street Safe Routes to School
Sound Transit System Access Funds Grant Award and Agreement
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date Mtg Date 10/19/20 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date
SPONSOR Council Mayor HR DCD Finance Fire TS P&R Police PW Court
SPONSOR’S
SUMMARY
In September 2019, the Sound Transit Board awarded grants to local governments for
projects aimed at improving safe and convenient access to Sound Transit services. The
City's S 152nd St project will provide safe access for riders accessing the Tukwila Light Rail
Station as well as school children. No City match is required. Council is being asked to
accept the Sound Transit System Access Fund grant for $369,000 for the design of S 152nd
Street Safe Routes to School project and approve the Sound Transit agreement.
REVIEWED BY Trans&Infrastructure CommunitySvs/Safety Finance Comm. Planning/Economic Dev.
LTAC Arts Comm. Parks Comm. Planning Comm.
DATE: 10/05/2020 COMMITTEE CHAIR: C. DELOSTRINOS JOHNSON
RECOMMENDATIONS:
SPONSOR/ADMIN. Public Works Department
COMMITTEE Unanimous Approval; Forward to Regular Consent Agenda
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$0.00 $0.00 $0.00
Fund Source: 103 FUND
Comments: page 3, Proposed 2021 CIP
MTG. DATE RECORD OF COUNCIL ACTION
10/19/20
MTG. DATE ATTACHMENTS
10/19/20 Informational Memorandum dated 10/02/2020
Proposed 2021 CIP, page 3
System Access Fund Project Agreement
Sound Transit Motion No. M2019-97
Minutes from Transportation and Infrastructure Committee meeting of 10/05/2020
COUNCIL AGENDA SYNOPSIS
----------------------------------Initials --------------------------------- ITEM NO.
Meeting Date Prepared by Mayor’s review Council review
10/19/20 JR 3.E.
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https://tukwilawa.sharepoint.com/sites/publicworks/engineering/pw drop box/01 tic agenda/2020 agenda items/tic 10 -05-2020/02. s 152nd st grant acceptance/info memo - saf grant acceptance 10-5-20.docx
INFORMATIONAL MEMORANDUM
TO: Transportation and Infrastructure Committee
FROM: Hari Ponnekanti, Interim Public Works Director
BY: Cyndy Knighton, Senior Program Manager
CC: Mayor Ekberg
DATE: October 2, 2020
SUBJECT: S 152nd Street Safe Routes to School
Project No. 91710303
System Access Funds Grant Award and Acceptance
ISSUE
Formal acceptance of a Sound Transit System Access Funds grant in the amount of $369,000
for the design of the S 152nd Street Safe Routes to School project and authorization to enter into
the attached agreement with Sound Transit.
BACKGROUND
In September 2019, the Sound Transit Board awarded, for the first time in the agency’s history,
grants to local governments for projects aimed at improving safe and convenient access to
Sound Transit services. The grants are part of the Sound Transit 3 (ST3) System Plan. Tukwila
submitted for two grants and both were successful with partial awards.
This project provides safe and convenient access for Sound Transit riders accessing the Link
Light Rail Station as well as needed improvements for pedestrian access for school children
walking to and from Thorndyke Elementary, Showalter Middle, and Foster High schools.
DISCUSSION
Sound Transit has been providing award recipients agreements close to the time when the
application stated the agency would be prepared to advance projects. This is not typical to other
granting sources, but Sound Transit is providing funds to Tukwila as the City is ready to move
forward with the project. With Council acceptance of the grant and authorization to enter into the
attached agreement with Sound Transit, staff will begin the process of consultant selection for
design. With a completed or nearly completed design, Tukwila will be well-poised for future
construction grant opportunities.
FINANCIAL IMPACT
The award of $369,000 toward the design of the S 152nd Street Safe Routes to School project is
included in the proposed 2021 CIP. The Sound Transit System Access Funds does not require
any local City match. There is no direct impact to the general fund.
RECOMMENDATION
Council is being asked to formally accept the Sound Transit System Access Fund grant for the
S 152nd Street Safe Routes to School project and approve the attached agreement and to
consider this item at the October 19, 2020 Consent Agenda Regular Meeting.
ATTACHMENTS
• Proposed 2021 CIP, page 3
• System Access Fund Project Agreement
• Sound Transit Motion No. M2019-97
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CITY OF TUKWILA CAPITAL PROJECT SUMMARY
2021 to 2026
PROJECT: S 152nd St Safe Routes to School
Project No. 91710303
DESCRIPTION:
JUSTIFICATION:
STATUS:
MAINT. IMPACT:
COMMENT:
FINANCIAL Through Estimated
(in $000's)2019 2020 2021 2022 2023 2024 2025 2026 BEYOND TOTAL
EXPENSES
Design 369 369
Land (R/W)0
Const. Mgmt.400 400
Construction 2,200 2,200
TOTAL EXPENSES 0 0 369 2,600 0 0 0 0 0 2,969
FUND SOURCES
Awarded Grant 369 369
Proposed Grant 2,340 2,340
Solid Waste Utility Tax 0
Mitigation Expected 0
City Oper. Revenue 0 0 0 260 0 0 0 0 0 260
TOTAL SOURCES 0 0 369 2,600 0 0 0 0 0 2,969
Sound Transit System Access Fund Grant of $369k for design. Apply for SRTS grant in 2021 for construction.
Install curb, gutter, and sidewalks on both sides of S 152nd St, including widening pavement width by three
feet to construct an on-street parking lane as a buffer between the roadway and sidewalk on the north side.
Enhance safety for students walking to Foster High School, Showalter Middle School, and Thorndyke
Elementary School and encourage transportation choices for the neighborhood.
Design funded, construction pending SRTS grant funding.
New sidewalk and pavement will need to be maintained.
2021 - 2026 Capital Improvement Program 3 43
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SYSTEM ACCESS FUND PROJECT AGREEMENT
BETWEEN THE CITY OF TUKWILA AND THE CENTRAL PUGET SOUND
REGIONAL TRANSIT AUTHORITY FOR
NON-MOTORIZED CONNECTIONS & WAYFINDING
FOR TUKWILA INTERNATIONAL BOULEVARD STATION
GA 0026-20
This Agreement, made and entered into on _________________, between the City of Tukwila
(hereinafter “City”), and the Central Puget Sound Regional Transit Authority, (hereinafter "Sound
Transit");
WHEREAS, the Sound Transit 3 (“ST3”) high capacity transit system expansion plan was
approved by the voters in November 2016 and includes a $100 million System Access Program to
“fund such projects as safe sidewalks and protected bike lanes, shared use paths, improved bus-
rail integration, and new pick-up and drop-off areas that provide convenient access so that more
people can use Sound Transit services;”
WHEREAS, Sound Transit opened the System Access Fund 2019 Call for Projects in February
2019 and subsequently evaluated applications from local governments against evaluation criteria
identified by the Sound Transit Executive Committee;
WHEREAS, at the conclusion of the public comment period and online open house in August
2019, the Sound Transit Board of Directors approved 30 applications from 27 local governments
on September 26, 2019;
WHEREAS, Sound Transit and the City have a joint interest in delivering non-motorized
connections and wayfinding for Tukwila International Boulevard Station, (hereinafter the
“Project”), which was duly approved by the Sound Transit Board as part of the System Access
Program by virtue of M2019-97;
NOW THEREFORE, in consideration of the terms, conditions, covenants, and performances
contained herein, or attached and incorporated and made a part hereof, it is mutually agreed as
follows:
1. GENERAL
1.1. Purpose. The intent of this Agreement is to establish the terms and conditions for the eligible
work to be performed for the Project during the duration of this Agreement. Attached hereto
as Exhibit A, is the Scope of Work and Deliverables, which outlines the activities, products
and general capital improvements eligible for funding by Sound Transit, as presented to Sound
Transit in the City’s application for Project funding. Funds may be expended on eligible
elements listed in Exhibit A up to the not to exceed amount outlined in Section 1.2 below.
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1.2. Agreement Not-to-Exceed Amount. The total amount of the Agreement shall not exceed
$369,000.00. No payments will be made in excess of the established not-to-exceed amount
according to the Project Description outlined in Section 2.1 below.
The funding amount provided by Sound Transit does not include federal funding.
2. PROJECT DESCRIPTION
2.1. The Project is for non-motorized connections and wayfinding for Tukwila International
Boulevard Station as identified in Exhibit A, Scope of Work and Deliverables. Sound Transit
funding will support one Phase:
2.1.1. Design Phase. The City will design the Project. To be reimbursed for the Design
Phase, the City must provide the following: 1) Exhibit B, Project Funding Plan
(which must include the City’s strategy for securing Construction Phase funding for
the Project); 2) Exhibit C, Project Schedule, 3) Exhibit D, Engineer’s Estimate.
3. PROJECT MANAGEMENT
3.1. Designated Representatives. The City and Sound Transit have designated formal points of
coordination for this Agreement. The Designated Representatives shall communicate
regularly to discuss the status of the tasks to be performed, to identify upcoming decisions
related to the Project, to provide any information or input necessary to inform those
decisions, and to resolve any issues or disputes related to the Project consistent with this
Agreement.
The Designated Representatives are:
CITY
SOUND TRANSIT
Alex Krieg
Deputy Director, Planning & Integration
401 S Jackson St
Seattle WA 98104
206-903-7663
Alex.Krieg@soundtransit.org
The Parties may change designated representatives by written notice to the other Party during
the term of the Agreement.
3.2. Reporting Requirements. The City is required to submit a Quarterly Progress Report to Sound
Transit’s Designated Representative to include the below elements (Exhibit E: Template for
Reporting Requirements). The report may include supporting documentation (photos, City
documentation, financial information, etc.).
3.2.1. Project Update. Status of major activities in the reporting period, both current and
upcoming.
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3.2.2. Assessment of on-going risks. The City will notify Sound Transit of any issues that
may affect the Project Schedule and overall implementation of the Project.
3.2.3. Project Funding. Summary of expenditures during reporting period, and expected
expenditures in the subsequent reporting period.
3.3. Eligible Costs. Eligible costs include actual costs identified in Exhibit A, Scope of Work and
Deliverables.
3.4. Additional Project Funding. The Not-to-Exceed funding amount in Paragraph 2.1.1.
represents approximately one hundred percent (100%) of the Project design cost. The City is
responsible for obtaining the balance of the Project funding described in the Funding Plan
attached as Exhibit B.
3.5. Project Schedule. The parties agree to the project schedule identified in Exhibit C, Project
Schedule. The City shall complete all work and deliverables of the Project by one year after
the expected project complete date shown in Exhibit C, Project Schedule, unless otherwise
mutually agreed in writing by both Parties. The City is responsible for notifying Sound Transit
of any material changes to the Project Schedule and rationale in writing as part of its quarterly
reporting requirements.
3.6. City Work. The City is solely responsible for the environmental review, design, permitting,
construction, project and construction management of all applicable Project elements
including, but not limited to, procurement and construction administration. The City is
responsible for all costs relating to the operations or maintenance of service and capital
improvements related to the Project upon its completion. The City will be the owner of the
completed Project. Sound Transit is not responsible for funding any service operations or for
maintenance of any improvements implemented under this Agreement.
3.7. Signage. Any identification signage that is used during the Project shall identify Sound Transit
as a funding partner.
3.8. Design Review. The City shall provide Sound Transit the opportunity to review design plans
at milestones identified in Exhibit C, Project Schedule.
3.9. Project Closeout. Before payment of the final invoice, the City and Sound Transit will meet
to ensure final deliverables are complete per Exhibit A, Scope of Work and Deliverables.
4. INVOICING
4.1. The City will submit quarterly invoices and supporting documentation that align with the
Scope of Work and Deliverables for payment (See Exhibit F Invoice Form). The invoices
must include the Sound Transit purchase order number provided by Sound Transit.
4.2. The City will submit its invoices with the required documentation, in two (2) .pdf files, via
email to accountspayable@soundtransit.org. Invoices will be paid within thirty (30) calendar
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days of Sound Transit’s receipt of the invoice and acceptable and complete supporting
documentation.
4.3. The City agrees to submit a final invoice to Sound Transit within forty-five (45) calendar days
after the City has completed each phase of the work.
4.4. If Sound Transit determines that an invoice lacks sufficient documentation to support
payment, Sound Transit will notify the City of its determination within fifteen (15) calendar
days of receipt and request that the City provide additional documentation. Sound Transit may
withhold payment of the invoice until supporting documentation is provided, however such
approval shall not be unreasonably withheld.
5. TERM, SUSPENSION, AND TERMINATION
5.1. Term. This Agreement shall take effect upon the last date of signature by the Parties as set
forth below. This Agreement shall remain in effect until 180 consecutive calendar days
following Project completion, unless extended by mutual written agreement of the Parties,
superseded by a future agreement, or suspended or terminated in accordance with this Section
5.
5.2. Termination by Sound Transit. Sound Transit may terminate this Agreement by written notice
under the following circumstances:
5.2.1. If work as defined in Exhibit A is not completed by one year after the expected project
complete date shown in Exhibit C, Project Schedule, unless otherwise agreed to by
the Parties.
5.2.2. If the City fails to make progress towards completing the Project and the City has not
provided adequate assurances of its desire or ability to complete the Project and
commence operations.
If the Agreement is terminated under this Section 5.2, the City shall reimburse Sound Transit
the full amount of all payments it made to the City under this Agreement within ninety (90)
calendar days of the date of termination. The City may ask for an extension of time to
complete the Project for good cause. Sound Transit’s agreement to extend the completion will
not be unreasonably withheld.
5.3. Termination by Either Party. Either Party may terminate this Agreement for cause in the event
that the other Party fails to fulfill its material obligations under this Agreement in a timely
manner or breaches any material provision of this Agreement and the Dispute Resolution
Process has failed to reach resolution within the timelines described therein. The Party wishing
to terminate this Agreement for cause will provide the other Party with written notice of its
intent to terminate and will give the other Party an opportunity to correct the failure to perform
or breach within thirty (30) calendar days of the notice or within such longer period as may
be necessary in the event that correction cannot reasonably be accomplished within thirty (30)
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calendar days. If the failure or breach is not corrected or cured, this Agreement may be
terminated by the aggrieved Party by giving ninety (90) calendar days’ notice to the other
Party.
5.4. Except as provided in this Section, a termination by either Party will not extinguish or release
either Party from liability for costs or obligations existing as of the date of termination. Any
costs incurred prior to proper notification of termination will be borne by the Parties in
accordance with the terms of this Agreement.
6. INDEMNITY
6.1. To the maximum extent permitted by law, the City will hold harmless from, and indemnify
and defend Sound Transit (including its board members, officers, directors and employees)
(the “Indemnified Parties”) from and against any and all claims, demands, losses, lawsuits,
actions, or liability of any kind or nature, arising out of or relating to the City’s design,
construction, maintenance or operation of the Project, including claims by the City’s
employees. THE CITY SPECIFICALLY ASSUMES POTENTIAL LIABILITY FOR
ACTIONS BROUGHT BY THE CITY’S OWN EMPLOYEES OR FORMER
EMPLOYEES AGAINST ANY INDEMNIFIED PARTY, AND FOR THAT PURPOSE
THE CITY SPECIFICALLY WAIVES ALL IMMUNITY AND LIMITATIONS ON
LIABILITY UNDER THE WORKERS COMPENSATION ACT, RCW TITLE 51, OR
ANY INDUSTRIAL INSURANCE ACT, DISABILITY BENEFIT ACT OR OTHER
EMPLOYEE BENEFIT ACT OF ANY JURISDICTION THAT WOULD
OTHERWISE BE APPLICABLE IN THE CASE OF SUCH CLAIM. THIS
INDEMNITY OBLIGATION SHALL NOT BE LIMITED BY ANY LIMITATION ON
THE AMOUNT OR TYPE OF DAMAGES, COMPENSATION OR BENEFITS
PAYABLE BY OR FOR THE CITY OR A CONTRACTOR UNDER WORKERS’
COMPENSATION, DISABILITY BENEFIT OR OTHER EMPLOYEE BENEFITS
LAWS. THE CITY RECOGNIZES THAT THIS WAIVER WAS SPECIFICALLY
ENTERED INTO AND WAS THE SUBJECT OF MUTUAL NEGOTIATION.
PROVIDED, HOWEVER, THE CITY’S WAIVER OF IMMUNITY BY THE
PROVISIONS OF THIS PARAGRAPH EXTENDS ONLY TO CLAIMS AGAINST
THE CITY BY SOUND TRANSIT, AND DOES NOT INCLUDE, OR EXTEND TO,
ANY CLAIMS BY THE CITY’S EMPLOYEE(S) DIRECTLY AGAINST THECITY.
The foregoing indemnity applies only to the extent of the City’s negligence.
6.2. The City further agrees to assume the defense of the Indemnified Parties with legal counsel
acceptable to Sound Transit, whose acceptance shall not be unreasonably withheld. In all legal
or claim proceedings arising out of, in connection with, or incidental to the City’s work or that
of its contractors, subcontractors of any tier, suppliers, consultants and sub-consultants. The
City shall pay all defense expenses, including attorney’s fees, expert fees, and costs incurred
directly or indirectly on account of such litigation or claims, and shall satisfy any judgment
rendered in connection therewith. The City may settle any suit, claim, action cost, loss penalty
or damages, subject to the approval of Sound Transit, whose approval shall not be
unreasonably withheld, if such settlement completely and forever extinguishes any and all
liability of the Indemnified Parties. In the event of litigation between the Parties hereto to
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enforce the rights under this provision, reasonable attorney fees shall be allowed to the
prevailing party.
6.3. Each Party agrees to bear full responsibility for any and all tax liabilities owed that may arise
in relation to this Agreement, and each Party will fully indemnify and hold the other Party, its
officers, agents and employees harmless from any tax liability owed by the other Party arising
from or related to the transactions set forth herein, including, but not limited to, any taxes,
penalties, fines, and/or interest that are assessed by any tax authority against the indemnifying
Party and further including all attorneys’ fees and costs incurred in response to any claims or
assessments by any tax authority against indemnifying Party, its officers, agents and
employees.
6.4. The obligations in this Section will survive termination or completion of this Agreement as to
any claim, loss or liability arising from events occurring prior to such termination or
completion.
7. AUDITS
7.1. Each Party will maintain accounts and records, including contract and financial records that
sufficiently and properly reflect all direct and indirect costs of any nature expended for work
performed under this Agreement so as to ensure proper accounting for all monies paid to the
City by Sound Transit. These records will be maintained for a period of six (6) years after
termination or expiration of this Agreement unless permission to destroy the records is granted
by the Office of the Archivist pursuant to RCW Chapter 40.14 and agreed to by the Parties.
7.2. The City will make all Project records available for Sound Transit inspection upon prior
reasonable written request. Audits may be performed by Sound Transit or its independent
public accountants to ensure compliance with and enforcement of this Agreement. Should the
audit determine that funds from Sound Transit have been used for expenses that were
ineligible, then Sound Transit shall provide a copy of the auditor’s determination to the City.
If the City agrees with the determination, then the City will reimburse Sound Transit the
amounts found to have been ineligible. If the City disputes the auditor’s determination, then
the matter shall be referred to the Dispute Resolution Process set forth in Section 9.
8. INSURANCE
8.1. Coverage. During the construction phase of any eligible elements within the Project, the
City shall provide primary insurance coverage in the amounts that it deems necessary for
construction projects of similar size and cost. If the City is self-insured, it shall provide to
Sound Transit's risk manager a certificate of self-insurance. The City shall require their
contractor(s) and sub-contractors to obtain and maintain insurance in amounts and types
suitable to protect Sound Transit and the City from exposures presented by the work
performed under this Agreement. The minimum insurance requirements during the entire
term of this Agreement are set forth below:
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a) Commercial General Liability in the amount of two million dollars ($2,000,000) each
occurrence limit, two million dollars ($2,000,000) general aggregate limit, covering bodily
injury including death, personal injury, property damage, Employers' Liability and
contractual coverage endorsements, and utilize insurers and coverage forms acceptable to
Sound Transit.
b) Commercial Auto Liability coverage for bodily injury and property damage utilizing
insurers and coverage forms acceptable to Sound Transit, with a limit of at least one million
dollars ($1,000,000) combined single limit.
c) Worker's Compensation insurance coverage, where applicable, shall comply with State of
Washington Labor and Industries requirements.
d) Builders Risk coverage will be the responsibility of all contractors and subcontractors.
e) Pollution Liability (if there is any potential environmental liability exposure) in the
amount of one million dollars ($1,000,000) each occurrence and two million dollars
($2,000,000) aggregate.
f) Professional Liability (if there is a potential professional liability exposure) in the amount
of one million dollars ($1,000,000) per claim.
8.2. Certificates. With the exception of self-insurance, certificates of insurance must name
Sound Transit as an "Additional Insured," and shall reference the number and title of this
Agreement. All insurance coverage obtained by the City or its contractors and
subcontractors must name Sound Transit, its officers and employees as "additional
insured's" and contain "severability of interest" (cross liability) provisions. The City’s and
the contractor's insurance policies shall be primary to and not contributing with any
insurance or self-insurance that may be carried by Sound Transit and waive their right of
Subrogation against Sound Transit. Certificates of Insurance, including the Additional
Insured Endorsements, Waiver of Subrogation Endorsements and Primary and Non-
Contributory Endorsements, will be provided to Sound Transit before the start of any work
performed under this Agreement.
9. DISPUTE RESOLUTION
9.1. Any disputes or questions of interpretation of this Agreement or the performance of either
Party under this Agreement that may arise between Sound Transit and the City shall be
governed under the dispute resolution provisions in this Section 9. The Parties agree that
neither Party may take or join any action in any judicial or administrative forum to challenge
the other Party’s performance under this Agreement until the dispute resolution process in this
Section 9 has been exhausted.
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9.2. The Parties agree that cooperation and communication are essential to resolving issues
efficiently. The Parties agree to use their best efforts to prevent and resolve potential sources
of conflict at the lowest level possible.
9.3. Either Party may refer a dispute to the dispute resolution process by providing written notice
of such referral to the other Party’s Designated Representative. The Parties agree to use their
best efforts to resolve disputes arising out of or related to this Agreement using good faith
negotiations by engaging in the following dispute resolution process should any such disputes
arise:
a. Level One - Sound Transit’s Designated Representative and the City’s Designated
Representative shall meet to discuss and attempt to resolve the dispute in a timely
manner. If they cannot resolve the dispute within fourteen (14) calendar days after
referral of that dispute to Level One, either party may refer the dispute to Level Two.
b. Level Two - Sound Transit’s Deputy Executive Director, Office of Planning &
Innovation, and the City’s Departmental Leads shall meet to discuss and attempt to
resolve the dispute in a timely manner. If they cannot resolve the dispute within
fourteen (14) calendar days after referral of that dispute to Level Two, either Party
may refer the dispute to Level Three.
c. Level Three - Sound Transit’s Executive Director, Office of Planning & Innovation,
or Designee and the City’s Department Directors or Designee shall meet to discuss
and attempt to resolve the dispute in a timely manner.
9.4. In the event the dispute is not resolved at Level Three within fourteen (14) calendar days after
referral of that dispute to Level Three, the Parties are free to file suit, seek any available legal
remedy, or agree to alternative dispute resolution methods such as mediation. At all times
prior to resolution of the dispute, the Parties shall continue to perform any undisputed
obligations and make any undisputed required payments under this Agreement in the same
manner and under the same terms as existed prior to the dispute. Notwithstanding anything in
this Agreement to the contrary, neither Party has any obligation to participate in mediation or
any other form of alternative dispute resolution following completion of Level Three of the
process described herein. A Party may decline to participate in such proceeding for any reason
or no reason.
10. LEGAL PROVISIONS
10.1. Warranties. By execution of this Agreement, both Parties warrant that they have the full
right and authority to enter into and perform this Agreement, and that by entering into or
performing this Agreement, they are not in violation of any law, regulation, or agreement;
and that the execution, delivery and performance of the Agreement has been duly authorized
by all requisite corporate action, and that the signatories hereto, which have signed on each
Parties behalf, are authorized to sign this Agreement.
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10.2. No waiver. Neither Party will be relieved of its obligations to comply promptly with any
provision of this Agreement by reason of any failure by the other Party to enforce prompt
compliance, and such failure to enforce will not constitute a waiver of rights or acquiescence
in the other Party’s conduct.
10.3. Costs. Each Party will be responsible for its own costs, including legal fees, incurred in
negotiating or finalizing this Agreement, unless otherwise agreed in writing by the Parties.
If either Party brings any claim or lawsuit arising from this Agreement, each Party will pay
all its legal costs and attorney’s fees and expenses incurred in defending or bringing such
claim or lawsuit, including all appeals, in addition to any other recovery or award provided
by law; however, nothing in this paragraph will be construed to limit the Parties’ rights to
indemnification.
10.4. Public Records. Each Party shall be responsible for its own public records and public
records requests.
10.5. Notices. All notices required under this Agreement must be in writing and addressed to the
Designated Representative. All notices must be either: (i) delivered in person, (ii) deposited
postage prepaid in the certified mails of the United States, return receipt requested, (iii)
delivered by a nationally recognized overnight or same-day courier service that obtains
receipts, or (iv) delivered electronically to the other Party’s Designated Representative.
However, notice under Section 5, termination, must be delivered in person or by certified
mail, return receipt requested.
10.6. The parties may not unreasonably withhold requests for information, approvals or consents
provided for in this Agreement; provided, however, that approvals or consents required to
be given by vote of the Sound Transit Board or the City Council are recognized to be
legislative actions. The parties will take further actions and execute further documents,
either jointly or within their respective powers and authority, to implement the intent of this
Agreement. The City and Sound Transit will work cooperatively with each other to achieve
the mutually agreeable goals as set forth in this Agreement.
10.7. Time is of the essence in every provision of this Agreement. Unless otherwise set forth in
this Agreement, the reference to “days” shall mean calendar days unless otherwise noted.
Any reference to “working days” shall exclude any legal holidays and weekend days. If any
time for action occurs on a weekend or legal holiday, then the time period shall be extended
automatically to the next business day.
10.8. No joint venture or partnership is formed as a result of this Agreement. No employees,
agents or subcontractors of one Party shall be deemed, or represent themselves to be,
employees of any other Party.
10.9. This Agreement has been reviewed and revised by legal counsel for both Parties and no
presumption or rule that ambiguity shall be construed against the Party drafting the
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document applies to the interpretation or enforcement of this Agreement. The Parties intend
this Agreement to be interpreted to the full extent authorized by applicable law.
10.10. This Agreement may be executed in several counterparts, each of which shall be deemed
an original, and all counterparts together shall constitute but one and the same instrument.
10.11. Severability. In case any term of this Agreement is held invalid, illegal, or unenforceable
in whole or in part, by a court of law, the Parties will reform the agreement to satisfy the
original intent of the Parties.
IN WITNESS WHEREOF, each of the Parties has executed this Agreement by having its
authorized representative affix her/his name in the appropriate space below:
SOUND TRANSIT
By:
Kimberly Farley, Deputy CEO
Date:
CITY
By:
Date:
Approved as to form:
By:
Sound Transit Legal Counsel
Approved as to form:
By:
City Legal Counsel
Exhibit List:
Exhibit A: Scope of Work and Deliverables
Exhibit B: Project Funding Plan
Exhibit C: Project Schedule
Exhibit D: Engineer’s Estimate
Exhibit E: Template for Reporting Requirements
Exhibit F: Invoice Form
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Exhibit A: Scope of Work and Deliverables
The project will design sidewalks on S 152nd Street between Tukwila International Boulevard
and 42nd Avenue S in the City of Tukwila, including adding wayfinding at nine critical locations
to assist pedestrians and cyclists on decision making for routing and safe walking. This project
will eliminate a gap in the pedestrian network within 1/3 mile of the Tukwila International
Boulevard Station (TIBS), a light rail and bus transit hub with high pedestrian access.
Improvements to surface water conveyance system and illumination will be included.
The project will include development of ad-ready Plans, Specifications, and Estimate (PS&E)
using current design standards and meeting all applicable city, state, and federal requirements.
Additionally, all required environmental permits and approvals will be obtained which could
include, but is not limited to, SEPA, HPA, DFW, Ecology, King County and Sound Transit. No
right-of-way (ROW)acquisition is anticipated at this time, but if the survey and design determine
the need for ROW, the parcels and amounts will be identified.
The design work will be managed by City of Tukwila staff utilizing consultants performing the
work.
Deliverables:
• Consultant Agreement
• 30% PS&E Draft
• 60% PS&E Draft
• 90% PS&E Draft
• 100% PS&E Draft
• 100% Ad-Ready PS&E
• SEPA
• Additional Permit and Construction Approvals, as necessary
• Utility Coordination Log
55
System Access Fund Project Agreement Page 2 of 6
GA 0026-20
Exhibit B: Project Funding Plan
Design of this project is fully funded through the Sound Transit System Access Fund grant. The
location of this project is such that provisions of sidewalks benefits both transit users wishing to
access service at TIB but also is on the Tukwila School District’s approved walk route to
Thorndyke Elementary School as well as Showalter Middle School and Foster High School.
Because of the proximity to three schools, funding for the construction of these improvements are
good candidates for grant funds through the State of Washington’s Safe Routes to School
program. The City of Tukwila has applied for funding for this section during the 2020 call for
grant submittals and is awaiting the results of the selection process. If funding is not awarded
during this grant cycle, Tukwila will proceed with completing the design in 2021 and would
reapply during the 2022 round of grant applications.
56
System Access Fund Project Agreement Page 3 of 6
GA 0026-20
Exhibit C: Project Schedule
Project Schedule
Design Complete
S 152nd Street Sidewalks
Consultant Selection 11/2020
30% PS&E 5/2021
SEPA DNS 7/2021
60% PS&E 8/2021
90% PS&E 10/2021
100% PS&E Draft 11/2021
NPDES 12/2021
Advertise (Funding Dependent) 12/2021
Construction Complete
S 152nd Street Sidewalks 12/2022
Project Close-out 7/2023
Grand Total $2,873,
57
System Access Fund Project Agreement Page 4 of 6
GA 0026-20
Exhibit D: Engineer’s Estimate
Engineer’s Estimate is not available at this time. A planning level estimate is provided.
Budget
Design Total STSAF City
S 152nd Street Sidewalks $369,000 $369,000
Wayfinding (incl.)
Subtotal $369,000 $369,000 $0
Construction Total
S 152nd Street Sidewalks $2,850,000
Wayfinding $50,000
Subtotal $2,900,000
58
System Access Fund Project Agreement Page 5 of 6
GA 0026-20
Exhibit E: Template for Reporting Requirements
NON-MOTORIZED CONNECTIONS AND WAYFINDING AT TIBS
PROJECT REPORT
GA 0026-20
Reporting Period: _______________
Submitted By:___________________
1. Project Update. Status of major activities in the reporting period, both current and upcoming.
2. Assessment of on-going risks. The City will notify Sound Transit of any issues that may affect
the Project Schedule and overall implementation of the Project.
3. Summary of expenditures during reporting period. Summary of expenditures during
reporting period, and expected expenditures in the subsequent reporting period.
59
System Access Fund Project Agreement Page 6 of 6
GA 0026-20
Exhibit F: Sound Transit Invoice Form
Invoice No. _____ Dated: _________
TO: accountspayable@soundtransit.org
Attention: Accounts Payable and [Sound Transit’s Designated Representative]
Re: Non-Motorized Connections & Wayfinding at TIBS
System Access Fund Project, GA 0026-20
The City’s authorized representative certifies that Sound Transit’s pro rata share of costs under
this invoice is $_______, and is due and payable to the City in accordance with the provisions of
the Agreement, and is supported by the attached invoice and supporting documentation. [Identify
the elements(s), and the amounts by element, for which the amount due applies]
The City makes the following representations and warranties to Sound Transit in connection with
the Invoice:
• All work performed to date has been, unless otherwise specifically stated by [party name],
performed in accordance with the terms and conditions of this Agreement.
• The amount specified above has been computed in accordance with, and is due and payable
under, the terms and conditions of the Agreement, has not been the subject of any previous
invoice (unless disputed or rejected for payment) and is not the subject of any pending
invoice from the City.
Any liability of Sound Transit arising from these representations and warranties are governed by
the terms and conditions of the Agreement.
City of Tukwila
By: __________________________________ Date: _________________
[Name, Position]
60
Motion No. M2019-97
System Access Fund 2019 Awards
Meeting: Date: Type of action: Staff contact:
Executive Committee
Board
09/05/2019
09/26/2019
Recommend to Board
Final action
Don Billen, Executive Director,
PEPD
Alex Krieg, Senior Manager –
Planning & Integration
Proposed action
Awards the first round of System Access Funds to the local governments identified the not to exceed
amounts determined by the Board and authorizes the chief executive officer to execute funding
agreements consistent with these awards and in compliance with the System Access Fund program
guidelines.
Key features summary
The Sound Transit 3 (ST3) System Plan included a $100M System Access Program, which included
the System Access Fund that is “allocated equally among Sound Transit’s five subareas to fund
such projects as safe sidewalks and protected bike lanes, shared use paths, improved bus-rail
integration, and new pick-up and drop-off areas that provide convenient access so that more people
can use Sound Transit services.”
In November 2018, the Executive Committee of the Sound Transit Board directed staff to conduct a
call for projects in 2019 that would be open to local governments and would make up to $10M per
subarea available between 2019 and 2025. The Executive Committee also established the
evaluation criteria Sound Transit staff would use, which were divided between policy factors
(customer experience, equity, connectivity, and safety and human health) and technical factors
(funding plan and delivery plan).
On February 19, 2019, Sound Transit opened the System Access Fund 2019 Call for Projects. On
April 12, 2019, the call for projects closed and Sound Transit received 53 applications from 33 local
governments requesting more than $86M.
Between mid-April and early July, Sound Transit evaluated the 53 applications against the
evaluation criteria identified by the Executive Committee. This included a review of the application
materials provided as well as follow-up discussions with each applicant about every project
submitted.
On July 25, 2019, staff briefed the Board of Directors on the applications received in the System
Access Fund 2019 Call for Projects and the preliminary evaluation results.
On July 26, 2019, Sound Transit opened a public comment period and launched online open house
to receive rider and resident feedback on the 53 applications submitted. Sound Transit received 55
letters of support and a total of 4,063 survey responses, including 409 open-ended comments,
during the public comment period and online open house. The public comment period and online
open house closed on Friday, August 23, 2019.
61
Motion No. M2019-97 Page 2 of 3
Staff Report
The action authorizes the CEO to enter into funding agreements with the local governments
identified and at not to exceed amounts determined by the Board.
All projects will be implemented by the local government identified, including the planning,
environmental review, design, and construction. All completed projects will be owned, operated, and
maintained by the local government.
Sound Transit will enter into funding agreements closer to when local governments are able to
advance projects and will closely monitor implementation once agreements are executed. Staff will
only return to the Board should there be material changes to the project scope identified in the
associated application, including requests for increased funding.
Sound Transit staff will provide an annual report to the Executive Committee on the status of
implementation of projects receiving an award in the System Access Fund 2019 Call for Projects.
Background
The Sound Transit 3 (ST3) System Plan included a $100M System Access Program, which included the
System Access Fund that is “allocated equally among Sound Transit’s five subareas to fund such
projects as safe sidewalks and protected bike lanes, shared use paths, improved bus-rail integration,
and new pick-up and drop-off areas that provide convenient access so that more people can use Sound
Transit services.”
In November 2018, the Executive Committee of the Sound Transit Board directed staff to conduct a call
for projects in 2019 that would be open to local governments and would make up to $10M per subarea
available between 2019 and 2025. The Executive Committee also established the evaluation criteria
Sound Transit staff would use, which were divided between policy factors (customer experience, equity,
connectivity, and safety and human health) and technical factors (funding plan and delivery plan).
On February 19, 2019, Sound Transit opened the System Access Fund 2019 Call for Projects.
Immediately before and just after the call for projects opened, Sound Transit staff conducted outreach
and workshops in each subarea with eligible applicants. On April 12, 2019, the call for projects closed
and Sound Transit received 53 applications from 33 jurisdictions requesting more than $86M.
Between mid-April and early July, Sound Transit evaluated the 53 applications against the evaluation
criteria identified by the Executive Committee. This included a review of the application materials
provided as well as follow-up discussions with each applicant about every project submitted. On July 26,
2019, Sound Transit opened a public comment period and launched an online open house to receive
rider and resident feedback on the 53 applications submitted. Sound Transit received 55 letters of
support and a total of 4,063 survey responses, including 409 open-ended comments, during the public
comment period and online open house. The public comment period and online open house closed on
Friday, August 23, 2019.
System Access policies and programs were evaluated programmatically in the Regional Transit Long-
Range Plan Update Final Supplemental Environmental Impact Statement (November 2014). Local
governments entering funding agreements with Sound Transit under the System Access Program will be
lead agencies for system access project-level review under the State Environmental Policy Act.
Sound Transit will enter into these agreements closer to when local governments are able to advance
projects and will closely monitor implementation once agreements are executed. Staff will only return to
the Board should there be material changes to the project scope identified in the associated application,
including requests for increased funding.
62
Motion No. M2019-97 Page 3 of 3
Staff Report
Fiscal information
The authorized project allocation to date for the Transit System Access Program is $142,139,000. Within
that amount, $124,385,000 has been allocated to the third party phase. As the amount of the awards
and the subarea distribution will be determined by the Board, the table below is provided for context.
Public involvement
Following the completion of the policy and technical evaluation conducted by staff, Sound Transit
launched a public comment period and online open house to seek rider and resident feedback on the 53
applications received and the initial evaluation results. The public comment and online open house
period lasted between July 26, 2019 and August 23, 2019. In addition, Sound Transit received 55
comments letters and letters of support. An executive summary of the online open house results and a
compilation of comment letters and letters of support are included as supplement to the staff report.
Time constraints
A one-month delay would not create a significant impact to the project schedule, but may have minor
impacts for entering into agreements with local governments seeking funds in 2019.
Environmental review – KH 8/27/19
Legal review – AJP 8/29/19
Transit System Access Program
(in thousands)
Authorized
Project Allocation
to Date Board Approvals This Action
Board Approved
Plus Action
Uncommitted /
(Shortfall)
Agency Administration $10,000 $1,815 $ $1,814,996 $8,185
Preliminary Engineering 2,000 114 113,965 $1,886
Final Design $
Third Parties 124,385 0 0 124,385
Right of Way $
Construction 5,754 $5,754
Construction Services $
Vehicles $
Total Current Budget $142,139 $1,929 $$1,929 $140,210
Notes:
Amounts are expressed in Year of Expenditure $000s.
* Board Approvals = Commitment and PO Contingency Remaining as of 8/27/19.
For detailed project information, see page 218 of the 2019 Financial Plan & Adopted Budget.
63
64
As forwarded by the Executive Committee September 5, 2019
Motion No. M2019-97
A motion of the Board of the Central Puget Sound Regional Transit Authority awarding the first round of
System Access Funds to the local governments identified for the not to exceed amounts determined by
the Board and authorizing the chief executive officer to execute funding agreements consistent with
these awards and in compliance with the System Access Fund program guidelines.
Background
The Sound Transit 3 (ST3) System Plan included a $100M System Access Program, which included the
System Access Fund that is “allocated equally among Sound Transit’s five subareas to fund such
projects as safe sidewalks and protected bike lanes, shared use paths, improved bus-rail integration,
and new pick-up and drop-off areas that provide convenient access so that more people can use Sound
Transit services.”
In November 2018, the Executive Committee of the Sound Transit Board directed staff to conduct a call
for projects in 2019 that would be open to local governments and would make up to $10M per subarea
available between 2019 and 2025. The Executive Committee also established the evaluation criteria
Sound Transit staff would use, which were divided between policy factors (customer experience, equity,
connectivity, and safety and human health) and technical factors (funding plan and delivery plan).
On February 19, 2019, Sound Transit opened the System Access Fund 2019 Call for Projects. On April
12, 2019, the call for projects closed and Sound Transit received 53 applications from 33 local
governments requesting more than $86M.
Between mid-April and early July, Sound Transit evaluated the 53 applications against the evaluation
criteria identified by the Executive Committee. This included a review of the application materials
provided as well as follow-up discussions with each applicant about every project submitted. On July 25,
2019, staff briefed the Board of Directors on the applications received in the System Access Fund 2019
Call for Projects and the preliminary evaluation results. On July 26, 2019, Sound Transit opened a public
comment period and launched online open house to receive rider and resident feedback on the 53
applications submitted.
Sound Transit received 55 letters of support and a total of 4,063 survey responses, including 409 open-
ended comments, during the public comment period and online open house. The public comment period
and online open house closed on Friday, August 23, 2019.
System Access policies and programs were evaluated programmatically in the Regional Transit Long-
Range Plan Update Final Supplemental Environmental Impact Statement (November 2014). Local
governments entering funding agreements with Sound Transit under the System Access Program will be
lead agencies for system access project-level review under the State Environmental Policy Act.
Sound Transit will enter into these agreements closer to when local governments are able to advance
projects and will closely monitor implementation once agreements are executed. Staff will only return to
the Board should there be material changes to the project scope identified in the associated application,
including requests for increased funding.
65
Motion No. M2019-97 Page 2 of 2
Motion
It is hereby moved by the Board of the Central Puget Sound Regional Transit Authority that the first
round of System Access Funds is awarded to the local governments identified for the not to exceed
amounts determined by the Board and the chief executive officer is authorized to execute funding
agreements consistent with these awards and in compliance with the System Access Fund program
guidelines.
APPROVED by the Board of the Central Puget Sound Regional Transit Authority at a regular meeting
thereof held on _________________.
John Marchione
Board Chair
Attest:
Kathryn Flores
Board Administrator
66
As forwarded by the Executive Committee September 5, 2019
Motion No. M2019-97 Page 1 of 2
Motion No. M2019-97
System Access Fund 2019 Awards
This attachment identifies by subarea the jurisdictions, projects, amounts, and phases to be funded via
the System Access Fund 2019 Call for Projects.
Snohomish Subarea
Jurisdiction Project Amount Phase(s)
City of Edmonds Citywide Bicycle Improvements $1,850,000 Design,
Construction
City of Everett Everett Station Nonmotorized Access
Improvements $1,900,000 Construction
City of Lynnwood Scriber Creek Trail Redevelopment $2,500,000 Construction
City of Mountlake
Terrace Veteran’s Memorial Park Light Rail Connector $500,000 Construction
City of Mukilteo 5th Street Bicycle and Pedestrian
Improvements $764,000 Design
Snohomish
County
Ash Way Corridor Pedestrian and Bicycle
Improvements (partial award) $1,000,000† Design
North King Subarea
Jurisdiction Project Amount Phase(s)
King County
Metro
Secure Bicycle Parking Expansion and Related
Improvements $100,000 Construction
City of Seattle
Judkins Park Station Access (for sidewalk
upgrades, Hiawatha Place S staircase, and trail
lighting)
$2,400,000* Design,
Construction
City of Seattle Southeast Seattle High Priority Sidewalks and
Walkways (for S Henderson Street staircase) $900,000* Design,
Construction
City of Shoreline 148th Street Nonmotorized Bridge $3,700,000 Design,
Construction
East King Subarea
Jurisdiction Project Amount Phase(s)
City of Bellevue Eastgate Nonmotorized Access to Transit
Improvements (partial award) $1,000,000† Construction
City of Bothell
Downtown Bothell Nonmotorized Access
Improvements (for 102nd Avenue NE
improvements)
$825,000* Design,
Construction
City of Kenmore Juanita Drive NE Pedestrian and Bicycle Safety
Improvements $1,500,000 Construction
King County
Parks Eastrail: NE 8th Street Crossing (partial award) $3,000,000† Construction
King County
Metro
Secure Bicycle Parking Expansion and Related
Improvements $250,000 Construction
City of Redmond 156th Avenue Cycle Track $1,165,242 Construction
City of Renton S 7th Street Corridor Improvements (for multi-
use trail) $1,000,000* Design,
Construction
67
As forwarded by the Executive Committee September 5, 2019
Motion No. M2019-97 Page 2 of 2
South King Subarea
Jurisdiction Project Amount Phase(s)
City of Auburn Regional Growth Center Access Improvements $1,625,000 Design,
Construction
City of Des
Moines Barnes Creek Trail South Segment $1,985,000 Construction
City of Federal
Way
21st Avenue S/S 320th Street Signalization and
Pedestrian Improvements $730,000 Construction
City of Kent W James Street at 2nd Avenue N Pedestrian
Crossing $273,683 Design,
Construction
King County
Metro
Secure Bicycle Parking Expansion and Related
Improvements $50,000 Construction
City of SeaTac
Station Intersection Pedestrian Safety
Improvements (for SeaTac/Airport Station only;
for pedestrian improvements connecting east)
$500,000* Design,
Construction
City of Tukwila
Nonmotorized Connections and Wayfinding for
Tukwila International Boulevard Station (for
design phase)
$369,000* Design
City of Tukwila
Tukwila Station Nonmotorized Connectivity and
Safety (for pedestrian signal on SR 181,
improvements on Longacres Way, and
Longacres Way/trail crossing)
$2,064,000* Construction
Pierce Subarea
Jurisdiction Project Amount Phase(s)
City of Bonney
Lake Elhi Hill Trail Staircase $661,936 Design,
Construction
City of Lakewood 111th Street SW/112th Street SW
Improvements $1,040,000 Design,
Construction
Pierce County 112th Street Pedestrian Improvements $2,000,000 Design,
Construction
City of Puyallup Bike Lane Expansions on W Stewart Avenue &
4th Street NW (for bike lanes on 4th Street NW) $155,995* Design,
Construction
City of Sumner Rivergrove Community Pedestrian Bridge $452,000 Design
City of Sumner
Sounder Safe Sidewalk/Bike Programmatic
Enhancements (for bike lanes on Academy
Street)
$875,000* Design,
Construction
City of Tacoma Hilltop Tacoma Link Extension Streetscape
Access Improvements $3,500,000 Construction
*Indicates partial award in support of specific project elements
†Indicates partial award in support of the overall project
68
City of Tukwila
City Council Transportation & Infrastructure Committee
Meeting Minutes
October 5, 2020 – 5:30 p.m. – Electronic Meeting due to COVID-19 Emergency
Councilmembers Present: Cynthia Delostrinos Johnson, Chair; De’Sean Quinn (for Seal), Kate Kruller
Staff Present: Rachel Bianchi, Hari Ponnekanti, Gail Labanara, Ryan Larson, Peter Lau,
and Scott Bates
Chair Delostrinos Johnson called the meeting to order at 5:30 p.m.
I.BUSINESS AGENDA
A.Bid Award: East Marginal Way South Stormwater Outfalls
Staff is seeking Council approval of a construction contract with Marshbank Construction, Inc.
in the amount of $1,035,201.00 for the East Marginal Way South Stormwater Outfalls Project .
Committee Recommendation
Unanimous approval. Forward to October 19, 2020 Regular Consent Agenda
B.Grant Acceptance: South 152nd Street Safe Routes to School
Staff is seeking Council approval of a grant agreement with Sound Transit for $369,000 for the
design of the S 152nd St Safe Routes to School Project.
Committee Recommendation
Unanimous approval. Forward to October 19, 2020 Regular Consent Agenda
C.Supplemental Agreement: West Valley Highway Project
Staff is seeking Council approval of Supplemental Agreement No. 1 with TranTech Engineering
in the amount of $148,325 for additional design of the West Valley Highway (I-405-Strander
Boulevard) Project. Funds are available from the land acquisition budget and reallocation
from construction.
Committee Recommendation
Unanimous approval. Forward to October 19, 2020 Regular Consent Agenda
D.Minkler Shops Interim Improvements Update
Staff updated the Committee on the Minkler Shop Interim Improvements, which will construct
a new modular restroom building, a security gate, and additional light fixtures.
Committee Recommendation
Discussion only.
69