HomeMy WebLinkAboutReg 2021-12-06 Item 6D - Grant Agreement - Macadam Road South Sidewalk Improvement Grant with WA State Transportation Improvement Board for $320,000 (with $80,000 City Match)COUNCIL AGENDA SYNOPSIS
CJs 4, Initials
ITEM No.
4
Meeting Date
Prepared by
Mayors review
Council review
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12/06/21
BR
6.D. D.
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ITEM INFORMATION I
STAFF SPONSOR: BRITTANY ROBINSON
ORIGINAL AGENDA DATE: 12/06/ 21
AGENDA ITEM TITLE Transportation Improvement Board Grant Award - Macadam Rd South Sidewalk
Improvements
CATEGORY ❑ Discussion
Mtg Date
I Motion
Mtg Date 12/6/21
❑ Resolution
Mtg Date
❑ Ordinance
Mtg Date
❑ Bid Award
Mtg Date
❑ Public Hearing
Mtg Date
❑ Other
Mtg Date
SPONSOR ❑ Council ❑ Mayor ❑ Admin Svcs ❑ DCD ❑ Finance ❑ Fire ❑ P&R ❑ Police
►1
PIS
SPONSOR'S City staff submitted a grant appliction to the Transportation Improvement Board Urban
SUMMARY Sidewalk Program for sidewalk improvements along Macadam Road South. On November
29, 2021, the City received notification of a grant award for $320,000 for this project. City
match of $80,000 is required to fund the project in full. Council is being asked to approve
the Transportation Improvement Board grant award and authorize the Mayor to sign the
grant agreement.
REVIEWED BY ❑ Trans&Infrastructure Svcs ❑ Community Svcs/Safety ❑ Finance & Governance ❑ Planning & Community Dev.
❑ LTAC ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
DATE: COMMITTEE CHAIR:
RECOMMENDATIONS:
SPONSOR/ADMIN. Department of Public Works
COMMITTEE
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$80,000 $350,000 $
Fund Source: ARTERIAL FUND 103
Comments: CIP Pages 5 & 61
MTG. DATE
RECORD OF COUNCIL ACTION
12/06/21
MTG. DATE
ATTACHMENTS
12/06/21
Informational Memorandum dated 11/29/21
CIP Pages 5 & 61
TIB Grant Award letter
TIB Grant Agreement
141
142
City of Tukwila
Allan Ekberg, Mayor
Public Works Department - Hari Ponnekanti, Director/City Engineer
INFORMATIONAL MEMORANDUM
TO: Transportation and Infrastructure Services Committee
FROM: Hari Ponnekanti, Public Works Director/City Engineer
BY: Brittany Robinson, Public Works Grant Analyst
Adib Altallal, Utilities Engineer
CC: Mayor Ekberg
DATE: November 29, 2021
SUBJECT: Macadam Road South Sidewalk Improvements Project
Project No. 90440105 & 91710302
Transportation Improvement Board Grant Award
ISSUE
Authorize the acceptance of Transportation Improvement Board (TIB) grant funding for sidewalk
improvements along Macadam Road South.
BACKGROUND
Macadam Road South has two projects prioritized in the 2021-2026 Capital Improvement Plan, the
Macadam Road South Water Upgrade and the Macadam Road South Complete Streets Project
sidewalk improvements. These projects are being done in conjunction to be efficient with staff time and
funding. The Macadam Road South sidewalks improvements will construct 1,200 linear feet of
sidewalks, gutters, and curbs along the eastside of Macadam Rd. S. from S. 150th St. to S 144th St. The
sidewalks will only be constructed along one -side of Macadam Road South due to narrow road width
and minimal opportunities to increase right of way.
DISCUSSION
In August 2021, the City applied for $320,000 from the Transportation Improvement Board Urban
Sidewalk Program for sidewalk improvements along Macadam Road South. On November 29, 2021,
the City received grant award notification for this project.
FISCAL IMPACT
A preliminary cost estimate for $400,000 has been prepared to construct sidewalks, curbs, and gutters
along Macadam Road South. TIB has award the City $320,000, or 80% of the project costs. A 20%
local city match, or $80,000, is required. The city match can be allocated from the Macadam Rd South
Complete Street Project.
Revenue Source Cost Estimate
TIB Grant $320,000
City Revenue 80,000
Total $400,000
Project Budget
$350,000
RECOMMENDATION
The Council is being asked to approve the Transportation Improvement Board grant award for
$320,000, and authorize the Mayor to sign the grant agreement.
ATTACHMENTS: CIP Pages, 5 & 61
Award Letter
TIB Grant Agreement
Tukwila City Hall • 6200 Sauthcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov
143
144
CITY OF TUKWILA CAPITAL PROJECT SUMMARY
2021 to 2026
PROJECT: Macadam Rd South Complete Street Project No. 91710302
Construction of a complete street design for Macadam Rd South between South 144th St and S 150th St.
DESCRIPTION: The project will require roadway widening and re-channelization to add 5 -foot bike lanes and 5 -foot sidewalks
on both sides of the roadway, and includes illumination, curb, and storm drainage.
JUSTIFICATION: Enhance safety for students walking to Foster High School and Showalter Middle School and encourages
transportation choices for the neighborhood.
STATUS:
MAI NT. IMPACT:
COMMENT:
New sidewalk and pavement will need to be maintained.
WSDOT Pedestrian/Bicycle grant submitted in April 2018, but unsuccessful. Match will be the Water
Improvements. Apply for same grant in 2020 for design and 2022 for construction.
FINANCIAL Through Estimated
(in $000's)
2019 2020 2021
2022
2023
2024
2025
2026
BEYOND TOTAL
EXPENSES
F Project Location
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2,700
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2,700
TOTAL EXPENSES
0
0
0
500
3,100
0
0
0
0
3,600
FUND SOURCES
Awarded Grant
0
Proposed Grant
450
2,800
3,250
Mitigation Actual
0
Mitigation Expected
0
City Oper. Revenue
0
0
0
50
300
0
0
0
0
350
TOTAL SOURCES
0
0
0
500
3,100
0
0
0
0
3,600
2021 - 2026 Capital Improvement Program
5
145
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2021 - 2026 Capital Improvement Program
5
145
CITY OF TUKWILA CAPITAL PROJECT SUMMARY
2021 to 2026
PROJECT: Macadam Rd S Water Upgrade Project No. 90440105
DESCRIPTION: Design and construct 4,300 LF of 10" waterline in Macadam Rd S from S 144th St to Southcenter Blvd.
JUSTIFICATION: Improve fire flow water quality to the north side of Tukwila Hill.
STATUS: Project now scheduled for 2021/2022.
MAINT. IMPACT: The new waterline will eliminate maintenance time for flushing the dead end line while increasing service
reliability.
COMMENT: Pedestrian/Bicycle Program grant for sidewalks unsuccessful in 2018, with water funds used as a match.
FINANCIAL Through Estimated
(in $000's)
2019 2020 2021
2022
2023
2024
2025
2026
BEYOND TOTAL
EXPENSES
S
Project Location
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128
1st
ill, `/♦ N
Design
68
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100
50
50
268
Land (R/W)
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Const. Mgmt.
250
50
300
9c.
600
Construction
5143 St •
�
300
300
950
"
S1
S 148
gal
MT
6 St
St
5
1,550
TOTAL EXPENSES
68
0
650
400
1,300
0
0
0
0
2,418
FUND SOURCES
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0
Mitigation Actual
0
Mitigation Expected
0
Utility Revenue
68
0
650
400
1,300
0
0
0
0
2,418
TOTAL SOURCES
68
0
650
400
1,300
0
0
0
0
2,418
146 2021 - 2026 Capital Improvement Program
61
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146 2021 - 2026 Capital Improvement Program
61
Washington State
Transportation Improvement Board
TIB Members
Chair
Councilmember Sam Low
Snohomish County
Vice Chair
Mayor Glenn Johnson
City of Pullman
Amy Asher
Mason Transit Authority
Aaron Butters, P.E.
HW Lochner Inc.
Susan Carter
Hopelink
Barbara Chamberlain
WSDOT
Elizabeth Chamberlain
City of Walla Walla
Chad Coles, P.E.
Spokane County
Mike Dahlem, P.E.
City of Sumner
Commissioner Al French
Spokane County
Commissioner Scott Hutsell
Lincoln County
John Klekotka, P.E.
Port of Everett
David Ramsay
Feet First
Les Reardanz
Whatcom Transportation Authority
Steve Roark, P.E.
WSDOT
Ruth Robertson
Budget Assistant of the Governor
Peter Rogalsky, P.E.
City of Richland
Councilmember Jan Schuette
City of Arlington
Jennifer Walker
Thurston County
Jane Wall
County Road Administration Board
Ashley Probart
Executive Director
P.O. Box 40901
Olympia, WA 98504-0901
Phone: 360-586-1140
Fax 360-S86-1165
November 23, 2021
Mr. Hari Ponnekanti, P.E.
Interim Public Works Director
City of Tukwila
6300 Southcenter Blvd, Suite 100
Tukwila, WA 98188-2544
Dear Mr. Ponnekanti:
Congratulations! We are pleased to announce the selection of your project, Macadam
Road S Sidewalk, S 144th St to S 150th St, TIB project number P -P -116(P01)-1.
TIB is awarding 80.0000% of approved eligible project costs with a maximum grant of
$320,000.
Before any work is allowed on this project, you must:
• Verify the information on the Project Funding Status Form, revise if necessary,
and then sign and scan;
• Submit the section of your adopted Six Year Transportation Improvement Plan
listing this project;
• Sign and scan one copy 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 19,
2022 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@TIB.wa.gov.
Sincerely,
Lig 134)6Alt--
Ashley Probart
Executive Director
Enclosures
Investing in your local community
147
148
i
Fp----P1,1 Washington State Transportation Improvement Board
ithVIWP Fuel Tax Grant Agreement
City of Tukwila
P -P -116(P01)-1
Macadam Road S Sidewalk
S 144th St to S 150th St
STATE OF WASHINGTON
TRANSPORTATION IMPROVEMENT BOARD
AND
City of Tukwila
AGREEMENT
P -P -116(P01)-1
THIS GRANT AGREEMENT (hereinafter "Agreement") for the Macadam Road S Sidewalk, S
144th St to S 150th St (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
For the project specified above, TIB shall pay 80.0000 percent of approved eligible project costs
up to the amount of $320,000, 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
Fuel Tax Agreement
Page 1 of 5 November 2012
149
Fp---111,1 Washington State Transportation Improvement Board
V "' ' Fuel Tax Grant Agreement
P -P -116(P01)-1
often as the RECIPIENT deems necessary, but shall be submitted at least quarterly if billable
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 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-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) 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
150
Page 2 of 5 November 2012
i
Fp----P1,1 Washington State Transportation Improvement Board
ithVIWP Fuel Tax Grant Agreement
P -P -116(P01)-1
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.
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 maximum
payable 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 all costs incurred in excess of the maximum amount payable by TIB.
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 intended
ratio between TIB funds and total project costs, as described in Section 1.0 of this Agreement.
Fuel Tax Agreement
Page 3 of 5 November 2012
151
Fp---111,1 Washington State Transportation Improvement Board
V "' ' Fuel Tax Grant Agreement
12.0 INDEPENDENT CAPACITY
P -P -116(P01)-1
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
152
Page 4 of 5 November 2012
(,er f Washington State Transportation Improvement Board
1I' "'' Fuel Tax Grant Agreement
15.0 ENTIRE AGREEMENT
P -P -116(P01)-1
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
By:
Signature on file
Guy Bowman
Assistant Attorney General
Lead Agency Transportation Improvement Board
Chief Executive Officer Date Executive Director Date
Fuel Tax Agreement
Print Name Print Name
Page 5 of 5 November 2012
153