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TIS 2023-01-17 COMPLETE AGENDA PACKET
City of Tukwila Transportation and Infrastructure Services Committee .•. •:• Tosh Sharp, Chair Mohamed Abdi ❖ Kate Kruller AGENDA Distribution: K. Kruller C. Hougardy T. Sharp H. Ponnekanti S. Kim (email) G. Lerner (email) City Attorney (email) Clerk File Copy Place pkt pdf on SharePoint: Z Trans & Infra Agendas email cover to: F. Ayala, A. Le, C. O'Flaherty, A. Youn, B. Saxton, S. Norris, L. Humphrey MONDAY, JANUARY 17, 2023 — 5:30 PM HYBRID MEETING — ONSITE AND VIRTUAL DUWAMISH CONFERENCE ROOM, 6300 BUILDING, 2ND FLR MS Teams: slick here to join the meeting Virtual Meeting - Members of the public may listen by dialing 1-253-292-9750 and entering conference ID 244811429 # Item Recommended Action Page 1. PRESENTATIONS 2. BUSINESS AGENDA a) Public Works Campus, Phase 2 Update (B. Miles) b) 42nd Ave S Raised Crosswalk Project - TIB Active Transportation Program Grant Award (B. Robinson) c) Surface Water Fund — Nelsen Side Channel Recreation and Conservation Office Salmon Recovery Fund Board Grant Award (B. Robinson) d) Strander Blvd Extension Phase 3 Project RAISE Grant Application (B. Robinson) e) 2023 Annual Overlay Program Design Consultant Selection and Agreement (J. Hartley) f) 2022 Overlay & Repair Program Furnishing Signal Items (M. Ronda) 3. MISCELLANEOUS a) Discussion only b) Forward to the 01/23/2023 Special Consent Agenda c) Forward to the 01/23/2023 Special Consent Agenda d) Committee approval e) Forward to the 01/23/2023 Special Consent Agenda f) Forward to the 01/23/2023 Special Consent Agenda Next Scheduled Meeting: February 6, 2023 15. The City of Tukwila strives to accommodate individuals with disabilities. Please contact the Public Works Department at 206-433-0179 for assistance. Pg. 1 Pg. 7 Pg. 15 Pg. 41 Pg. 91 Pg. 105 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Transportation and Infrastructure Services Committee FROM: Brandon Miles, Business Relations Manager CC: Mayor Allan Ekberg DATE: January 13, 2023 SUBJECT: Public Works Campus, Phase 2 Project No. 92230601 Cost Estimate for Adapting the Existing Building vs. New Construction ISSUE Update on the City of Tukwila Public Works Campus Phase 2. This update will focus on providing comparative cost estimates for adapting the existing building versus new construction. BACKGROUND Miller Hayashi Architects has prepared a memo' discussing the comparative cost estimates, and issues with adapting and reusing the existing building, compared with construction of a new building. These costs are for comparative purposes and not intended to be cost estimates for construction. This analysis only focuses on the reuse or new construction of 26,000 square feet. With either option an additional 14,000 square feet of building space will need to be constructed. Additionally, the cost estimate does not include the site improvements and other site elements. These combined cost estimates will be presented to the City Council in February when staff presents its preferred design option. Several of the program elements would not be able to fit or additional costs would be incurred to allow the elements to fit on site. DISCUSSION The total estimated cost for reusing the existing building is $30,715,978 versus a total estimated cost of $31,819,133 for new construction of a 26,000 square foot building. In addition to the concerns raised by Miller in its memo to the City, the project team also has the following concerns with adaptive reuse of the building. 1. It's difficult to fit all the project elements on the site. In order to fit these elements on the property, structured parking and other elevated structure options would need to be considered. This would add an additional cost not required for the new construction. In lieu of the structured options, the City would need to acquire additional land or defer the disposition of the Longacres and/or Minkler Shop property. Delaying the future sell of these properties would result in an opportunity cost of between $6-12 million. Additionally, one of the stated goals in the public safety plan was to consolidate public works operational activities on one property. 2. Adaptive reuse of the building does not meet one of our program objectives to future proof the site for future City needs. Creating a large open space provides maximum flexibility for the City in the future for modifications. 3. Reusing the existing building would require visitors of the building and city employees to walk from their cars through an active shop yard. FINANCIAL IMPACT N/A RECOMMENDATION Discussion only. ATTACHMENT: Memo from Miller Hayashi, dated January 10, 2023. The project team consisting of SOJ, and John Palewicz reviewed and provided comments on the memo and the conclusions. 2 These are not construction cost estimates but are cost estimates to compare two possible alternatives. The project 1 team will present construction cost estimates for the preferred option in February. Miller Hayashi Architects LLC 118 N. 35th St. Suite 200 Seattle, WA 98103 T 206 634 0177 F 206 634 0167 millerhayashi.com MEMORANDUM Date: 1/10/2023 Regarding: Tukwila Public Works Maintenance & Engineering Building Test -to -fit Analysis of the Existing UPS Building To: Brandon J. Miles, Business Relations Manager, City of Tukwila From: Laura Maman, Principal, Miller Hayashi Architects INTRODUCTION This memorandum provides information and analysis in regards to adapting the existing UPS Facility at 11231 East Marginal Way South in Tukwila as part of the development project for the Tukwila Public Works Maintenance & Engineering Building. This memorandum addresses the condition of the existing building, the feasibility of implementing the Public Works program in the existing building, and seeks to compare the conceptual cost of renovation to the cost of new construction. DESCRIPTION OF STRUCTURE The following description and observations are based on a field visit conducted by a structural engineer on October 12, 2022. The one-story loading dock facility is framed with structural steel bents and cold formed steel purlins and girts with metal roofing and siding. The diaphragm consists of steel rods. The vertical lateral force resisting system in the north -south direction are the steel bents. There is no obvious vertical lateral force resisting system in the east -west direction. The loading bay structure is elevated approximately 4 feet above the first floor of a small two-story office area. Based on the age of the building it is expected that the building would be supported by conventional shallow reinforced concrete foundations. There is deterioration, distortion, or damage at structural elements throughout the loading bay area including many damaged purlins and girts. The site supporting soils are liquefiable, and in the event of a significant earthquake the existing structures would see settlement that could cause collapse. Recommended foundation retrofits would include adding concrete grade beams and foundations along with piles to —100 feet deep. Deterioration of the existing structure at the loading bay would require repair/replacement of a significant portion of the existing structure including the roof and the exterior walls. There are significant deficiencies in the lateral force resisting system. The existing lateral force resisting system would be expected to perform poorly in an earthquake based on new science and engineering standards which have developed since these structures were built. A full seismic upgrade would be required to comply with current building codes. A change in use and occupancy would trigger a substantial alteration and the requirement for full compliance with all applicable current codes including energy code and accessibility regulations. PROGRAMMATIC CONSIDERATIONS The existing building is approximately 26,000 square feet. This accommodates less than 65% of the approximately 40,000 square feet of space identified for the Public Works interior program elements. page 1 of 5 2 The existing building does not readily accommodate ADA access. New ramps and an elevator or lift would be required to navigate between the various levels. The one-story building is an inefficient use of limited site area. The position of the existing building on site poses challenges for site circulation and traffic flow. COST COMPARISION EXERCISE Refer to the attached cost comparison. This comparison is useful to understand the value of the existing building within the larger context of conceptual options for development of the site. The cost comparison looks at the building only, it does not include costs related to site improvements or site utilities. This is not a detailed cost estimate. It is a rough order of magnitude comparison intended primarily to provide an understanding of the value of the existing building. CONCLUSIONS 1. Extensive modifications would be required to repair the existing structure. New foundations and a new lateral structural system would be required for earthquake safety to meet current building code. 2. Comprehensive replacement of the building envelope (exterior walls and roof) would be required to meet current energy code. 3. Replacement of the mechanical system would be required to meet the program needs and current mechanical code. Extensive modification to the electrical system and most likely replacement of the electrical service would be required to meet the programmatic needs and current codes. 4. Retaining the structure and adapting it to fit the Public Works program would present significant design challenges and would likely diminish the functionality and efficiency of the new facility. 5. Retaining the one-story building results in less open site area. The test -to -fit process identified that it is a challenge to fit the needed site program on the property along with a one-story building. Retaining the existing one-story building may require more expensive strategies to implement site program, would reduce future flexibility, and may necessitate retaining other city properties resulting in opportunity cost of property that would otherwise become surplus. 6. Renovation of an existing building inherently has a greater potential for the discovery of unforeseen existing conditions; therefore, a higher estimating contingency has been applied to the renovation scenario in the cost comparison exercise. ATTACHMENTS Cost Comparison Photos of the existing facility page 2 of 5 3 Tukwila Public Works Maintenance and Engineering Building - Test -to -Fit Phase COST COMPARISON Draft 1/10/2023 RENOVATION Hazmat Abatement Selective Demolition Seismic Upgrades Foundation Retrofit Roof Replacement Cladding Replacement HVAC, Plumb, FS Electrical, Telecom Interior Tenant Improvements Vertical Conveyance subtotal General Conditions Estimating and Design Contingency General Contractor Overhead and Profit Escalation to Spring 2025 Soft Costs, project related costs NEW CONSTRUCTION Hazmat Abatement Building Demolition New Construction Deep Foundation System subtotal General Conditions Estimating and Design Contingency General Contractor Overhead and Profit Escalation to Spring 2025 Soft Costs, project related costs SF 26000 26000 26000 26000 26000 26000 26000 26000 26000 26000 $/5F $15 $390,000 $15 $390,000 $45 $1,170,000 $27 $702,000 $40 $1,040,000 $40 $1,040,000 $65 $1,690,000 $65 $1,690,000 $140 $3,640,000 $10 $260,000 $12,012,000 10% $1,201,200 25% $3,003,000 $16,216,200 8% $1,297,296 14% $2,451,889 $19,965,385 35% $10,750,592 $30,715,978 Comments abatement of hazardous materials while protecting elements to remain selective removal of building elements while protecting elements to remain full seismic upgrade to lateral force resisting system to meet building code retrofit of foundations to address poor soil conditions (liquefiable soils on site) removal of existing roof assembly, replacement with energy code compliant insulation and new roofing removal of exterior cladding, replacement with energy code compliant insulation and new cladding new mechanical systems to meet energy code requirements (existing systems not sufficient for intended use) new electrical system to meet energy code requirements (existing system not sufficient for intended use) interior walls, floor finishes, ceiling finishes, doors, relites, casework, etc. allowance for new elevator contingency at concept phase to account for unknowns Project Cost, 26,000 SF renovation only, excludes site improvements SF $/SF 26000 $12 $312,000 abatement of hazardous materials for full bldg demo 26000 $10 $260,000 26000 $450 $11,700,000 generalized cost per square foot for new construction 26000 $25 $650,000 deep foundations to address liquefiable soils $12,922,000 10% $1,292,200 20% $2,584,400 contingency at concept phase for new construction $16,798,600 8% $1,343,888 14% $2,539,948 $20,682,436 35% $11,136,696 $31,819,133 Project Cost, 26,000 SF new building only, excludes site improvements Miller Hayashi Architect PLLC page 3 of 5 4 Photos of 11231 East Marginal Way South From King Count Parcel Viewer: L, page 4 of 5 5 Photos of 11231 East Marginal Way South Existing office area: Exterior relationship to grade: page 5 of 5 6 City of Tukwila Allan Ekberg, Mayor Public Work5 Department - HQri Porrnekwrrti, Director/City Engineer INFORMATIONAL MEMORANDUM TO: Transportation and Infrastructure Services Committee FROM: Hari Ponnekanti, Public Works Director/ City Engineer BY: Brittany Robinson, Grant Analyst CC: Mayor Ekberg DATE: January 13, 2023 SUBJECT: 42nd Ave S Raised Crosswalk Project Project No. 92210301 TIB Active Transportation Program Grant Award ISSUE Accept a Transportation Improvement Board (TIB) Active Transportation Program Grant award for the 42' Ave S Raised Crosswalk Project. BACKGROUND As part of the 2022 Neighborhood Traffic Calming Program, a Transportation Study was conducted in Allentown to evaluate existing conditions, vehicle volumes and speeds, signage, and five years of historical crash data. The study recommends a comprehensive approach to a variety of improvements to potentially improve safety, calm traffic, and enhance pedestrian mobility. Safety concerns on 42nd Ave S were identified by the community, particularly related to pedestrians crossing 42nd Ave S at the S 119th street pedestrian bridge. The project will include a raised crosswalk, curb bulb outs, and Rectangular Rapid Flashing Beacon (RRFB) on 42nd Ave S by the S 119th Street pedestrian bridge DISCUSSION In August 2022, Council approved staff to apply for TIB Active Transportation Program funding. The Active Transportation Program provides funding to improve pedestrian and cyclist safety, enhanced pedestrian and cyclist mobility and connectivity, or improve the condition of existing facilities. The City recently received notification that it was awarded Active Transportation Program funding for both design and construction of the 42nd Ave S Raised Crosswalk Project. FINANCIAL IMPACT The City has been awarded $175,000 from TIB's Active Transportation Program, which requires a local match of $75,000. The 2023 CIP has $75,000 in City funds budgeted to this project, which is sufficient to cover the match requirement. Project Cost Estimate Grant Request $175,000 City Match 75,000 Total $250,000 RECOMMENDATION Council is being asked to formally accept the Transportation Improvement Board Active Transportation Program Grant award in the amount of $175,000 for the 42nd Ave S Raised Crosswalk Project and consider this item on the Consent Agenda at the January 23, 2022 Special Council Meeting. Attachment: 2023 CIP page 2 Grant Award 7 PROJECT: DESCRIPTION: JUSTIFICATION: STATUS: MAI NT. IMPACT: COMMENT: CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2023 to 2028 S 119th St Bridge/ 42nd Ave S Raised Crosswalk and RRFB Project No. 92210301 Install raised crosswalk, curb bulbs, and a Rectangular Rapid Flashing Beacon on 42nd Ave S at the intersection of the S 119th street pedestrian bridge. Enhance safety for pedestrians crossing at S 119th Street/42nd Ave S and encourages transportation choices for the neighborhood. New crosswalk and pedestrian flashing beacon will need to be maintained. Residential improvements and traffic calming features to reduce speeds and improve pedestrian and bicycle safety. Grants submitted to WSDOT and TIB for 2023/2024 funding. FINANCIAL Through Estimated (in $000's) 2021 2022 2023 2024 2025 2026 2027 2028 BEYOND TOTAL EXPENSES Design 30 30 Land (R/W) 0 Const. Mgmt. 35 35 Construction 185 185 TOTAL EXPENSES 0 0 250 0 0 0 0 0 0 250 FUND SOURCES Proposed Grant 175 175 Awarded Grant 0 Mitigation Expected 0 103 Fund Balance 0 0 75 0 0 0 0 0 0 75 TOTAL SOURCES 0 0 250 0 0 0 0 0 0 250 2023 - 2028 Capital Improvement Program 3 8 Washington State Transportation Improvement Board TIB Members Chair Mayor Glenn Johnson City of Pullman Vice Chair Councilmember Sam Low Snohomish County Amy Asher Mason Transit Authority Aaron Butters, PE HW Lochner Inc. Susan Carter Hopelink Kent Cash, PE Port of Vancouver Barbara Chamberlain WSDOT Elizabeth Chamberlain City of Walla Walla Dongho Chang, PE WSDOT Scott Chesney Spokane County Vicky Clarke Cascade Bicycle Club/Washington Bikes Mike Dahlem, PE City of Sumner Commissioner Al French Spokane County Councilmember Hilda Guzman City of Granger Commissioner Scott Hutsell Lincoln County Les Reardanz Whatcom Transportation Authority Peter Rogalsky, PE City of Richland Mayor Kim Roscoe City of Fife Maria Thomas Office of Financial Management 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: 360-5864165 www.tib.wa.gov December 02, 2022 Mr. Hari Ponnekanti, P.E. 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, S 119th Street Crossing, 42nd Ave S Crossing, TIB project number P -P -116(P02)-1. TIB is awarding 72.7651% of approved eligible project costs with a maximum grant of $175,000. Before any work is permitted on this project, you must complete the following: • Verify the information on the attached Project Funding Status Form and, revise if necessary. Print, sign and email a scanned copy; • Submit the section of your adopted Six Year Transportation Improvement Plan listing this project; • Sign, scan and email 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 December 2, 2023 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 GreqA©TIB.wa.gov. Sincerely, Avidg 1346.4t-• Ashley Probart Executive Director Enclosures Investing in your local community 9 Washington State Transportation Improvement Board P -P -116(P02)-1 Fuel Tax Grant Agreement City of Tukwila P -P -116(P02)-1 S 119th Street Crossing 42nd Ave S Crossing STATE OF WASHINGTON TRANSPORTATION IMPROVEMENT BOARD AND City of Tukwila AGREEMENT THIS GRANT AGREEMENT (hereinafter "Agreement") for the S 119th Street Crossing, 42nd Ave S Crossing (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 72.7651 percent of approved eligible project costs up to the amount of $175,000, 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 10 Washington State Transportation Improvement Board P -P -116(P02)-1 Fuel Tax Grant Agreement 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 Page 2 of 5 November 2012 11 Washington State Transportation Improvement Board P -P -116(P02)-1 Fuel Tax Grant Agreement a) RECIPIENT is not making reasonable progress toward correction and compliance. b) TIB denies the RECIPIENT's request to amend the Project. c) After investigation TIB confirms RECIPIENT'S non-compliance. TIB reserves the right to order RECIPIENT to immediately stop work on the Project and TIB may stop Project payments until the requested corrections have been made or the Agreement has been terminated. 9.3 TERMINATION a) In the event of default by the RECIPIENT as determined pursuant to Section 9.2, TIB shall serve RECIPIENT with a written notice of termination of this Agreement, which shall be served in person, by email or by certified letter. Upon service of notice of termination, the RECIPIENT shall immediately stop work and/or take such action as may be directed by TIB. b) In the event of default and/or termination by either PARTY, the RECIPIENT may be liable for damages as authorized by law including, but not limited to, repayment of grant funds. c) The rights and remedies of TIB provided in the AGREEMENT are not exclusive and are in addition to any other rights and remedies provided by law. 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 12 Washington State Transportation Improvement Board P -P -116(P02)-1 Fuel Tax Grant Agreement 12.0 INDEPENDENT CAPACITY The RECIPIENT shall be deemed an independent contractor for all purposes and the employees of the RECIPIENT or any of its contractors, subcontractors, and employees thereof shall not in any manner be deemed employees of TIB. 13.0 INDEMNIFICATION AND HOLD HARMLESS The PARTIES agree to the following: Each of the PARTIES, shall protect, defend, indemnify, and save harmless the other PARTY, its officers, officials, employees, and agents, while acting within the scope of their employment as such, from any and all costs, claims, judgment, and/or awards of damages, arising out of, or in any way resulting from, that PARTY's own negligent acts or omissions which may arise in connection with its performance under this Agreement. No PARTY will be required to indemnify, defend, or save harmless the other PARTY if the claim, suit, or action for injuries, death, or damages is caused by the sole negligence of the other PARTY. Where such claims, suits, or actions result from the concurrent negligence of the PARTIES, the indemnity provisions provided herein shall be valid and enforceable only to the extent of a PARTY's own negligence. Each of the PARTIES agrees that its obligations under this subparagraph extend to any claim, demand and/or cause of action brought by, or on behalf of, any of its employees or agents. For this purpose, each of the PARTIES, by mutual negotiation, hereby waives, with respect to the other PARTY only, any immunity that would otherwise be available to it against such claims under the Industrial Insurance provision of Title 51 RCW. In any action to enforce the provisions of the Section, the prevailing PARTY shall be entitled to recover its reasonable attorney's fees and costs incurred from the other PARTY. The obligations of this Section shall survive termination of this Agreement. 14.0 DISPUTE RESOLUTION a) The PARTIES shall make good faith efforts to quickly and collaboratively resolve any dispute arising under or in connection with this AGREEMENT. The dispute resolution process outlined in this Section applies to disputes arising under or in connection with the terms of this AGREEMENT. b) Informal Resolution. The PARTIES shall use their best efforts to resolve disputes promptly and at the lowest organizational level. c) In the event that the PARTIES are unable to resolve the dispute, the PARTIES shall submit the matter to non-binding mediation facilitated by a mutually agreed upon mediator. The PARTIES shall share equally in the cost of the mediator. d) Each PARTY agrees to compromise to the fullest extent possible in resolving the dispute in order to avoid delays or additional incurred cost to the Project. e) The PARTIES agree that they shall have no right to seek relief in a court of law until and unless the Dispute Resolution process has been exhausted. Fuel Tax Agreement Page 4 of 5 November 2012 13 Washington State Transportation Improvement Board P -P -116(P02)-1 Fuel Tax Grant Agreement 15.0 ENTIRE AGREEMENT This Agreement, together with the RECIPIENT'S Grant Application, the provisions of chapter 47.26 Revised Code of Washington, the provisions of title 479 Washington Administrative Code, and TIB Policies, constitutes the entire agreement between the PARTIES and supersedes all previous written or oral agreements between the PARTIES. 16.0 RECORDS MAINTENANCE The RECIPIENT shall maintain books, records, documents, data and other evidence relating to this Agreement and performance of the services described herein, including but not limited to accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Agreement. RECIPIENT shall retain such records for a period of six years following the date of final payment. At no additional cost, these records, including materials generated under the Agreement shall be subject at all reasonable times to inspection, review or audit by TIB personnel duly authorized by TIB, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement. If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. Approved as to Form Attorney General 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 14 City of Tukwila Alcan Ekberg, Mayor Prlbk Works Department - Harr Parrnekantr, 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 CC: Mayor Ekberg DATE: January 13, 2023 SUBJECT: Surface Water Fund — Nelsen Side Channel Project No. 91641203 Recreation and Conservation Office Salmon Recovery Fund Board Grant Award ISSUE Accept a Recreation and Conservation Office (RCO) Salmon Recovery Fund Board (SRFB) grant award to fund the Nelsen Side Channel project. BACKGROUND The Nelsen side channel is a remnant section of the Green River as it existed prior to the construction of the 1-405 in the 1960s. The remnant channel is separated from the mainstem of the river by a constructed levee but offers potential as off -channel rearing habitat for threatened Puget Sound Chinook salmon and other aquatic species. This project will set the levee back to create a ±1.2 -acre side channel, restore an acre of riparian forest, provide additional flood storage, and provide public access to the river. Currently, there is a concept design in place for this project and property transfer arrangements are underway between the City, WDNR and WSDOT. DISCUSSION In December 2021, Council approved staff to apply for RCO funding. The SRFB program funds elements necessary to achieve overall salmon recovery, including habitat projects and other activities that result in sustainable and measurable benefits for salmon and other fish species. The City recently received notification that it was awarded an SRFB grant award to fund Nelsen Side Channel project design and permitting. FISCAL IMPACT The City has been awarded $100,000 from the RCO SRFB, which requires a local match of $17,750. The City also received $250,000 in grant funding from King County's Open Spaces River Corridors, which can act as match for this grant. Grant Award Fund Source Budget SRFB Grant $ 100,000 KC OSRC Grant $250,000 Required Match 17,750 Total $ 117,750 RECOMMENDATION Council is being asked to formally accept the Recreation and Conservation Office SRFB grant award in the amount of $100,000 for the Nelsen Side Channel project and consider this item on the Consent Agenda at the January 23, 2022 Special Council Meeting. Attachments: 2023 CIP Page 83 Grant Agreement 15 CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2023 to 2028 PROJECT: Nelsen Salmon Habitat Side Channel Project No. 91641203 DESCRIPTION: Create an off -channel salmon rearing habitat side channel by connecting a segment of historic river channel with the Green River. JUSTIFICATION: WRIA 9 has identified this project a proposed action in the Salmon Habitat Plan. The project area is primarily within State lands, but the intent is to transfer to City. The project may take place STATUS: under an aquatic lease (DNR), depending on timing. Grant application for design funding submitted to Floodplains in 2020 with a low probability of success. MAINT. IMPACT: Expected to increase maintenance COMMENT: Property acquisition to the north could create the opportunity for a side channel and additional flood storage, or potentially combine this with Gilliam Creek Fish Barrier project depending on funding source feedback. FINANCIAL Through Estimated (in $000's) 2021 2022 2023 2024 2025 2026 2027 2028 BEYOND TOTAL EXPENSES 4 Project Location - ; rim rJ 1p ♦ Design 50 300 300 Will 650 Land (R/W) No s 5 300 Will Am11 ' 1 itAi 305 Monitoring �� j.rof,,S 744 St , D fA N m 4♦ 0 Const. Mgmt. �_1 WM!St 385 mn m 47 St 385 Construction 1,440 1,440 TOTAL EXPENSES 0 55 600 300 1,825 0 0 0 0 2,780 FUND SOURCES AimSt S160 St Ag T kwlVa Pkwy !„ ( ' A�ir�- Awarded Grant 50 150 150 350 Proposed Grant 300 100 1,232 1,632 Mitigation Actual 0 Mitigation Expected 0 Utility Revenue 0 5 150 50 593 0 0 0 0 798 TOTAL SOURCES 0 55 600 300 1,825 0 0 0 0 2,780 2023 - 2028 Capital Improvement Program 16 4 Project Location - ; rim rJ 1p ♦ No Will No s Will Am11 ' 1 itAi �� j.rof,,S 744 St , D fA N m 4♦ �_1 WM!St mn m 47 St �♦ j S 156 \IEill I* ay "ce�f :10.. ." i k .Tti ass AimSt S160 St Ag T kwlVa Pkwy !„ ( ' A�ir�- 2023 - 2028 Capital Improvement Program 16 WASHINGTON STATE Recreation and Conservation Office Project Sponsor: Project Title: City of Tukwila Nelsen Side Channel RCO Grant Agreement Project Number: 22-1047P Approval Date: 09/22/2022 PARTIES OF THE AGREEMENT This Recreation and Conservation Office Grant Agreement (Agreement) is entered into between the State of Washington by and through the Salmon Recovery Funding Board (SRFB or funding board) and the Recreation and Conservation Office (RCO), P.O. Box 40917, Olympia, Washington 98504-0917 and City of Tukwila (Sponsor, and primary Sponsor), 6200 Southcenter Blvd, Tukwila, WA 98188, and shall be binding on the agents and all persons acting by or through the parties. The Sponsor's Unique Entity ID (UEID) Number is UEQNMC26C8T3. All Sponsors are equally and independently subject to all the conditions of this Agreement except those conditions that expressly apply only to the primary Sponsor. Prior to and during the Period of Performance, per the Applicant Resolution/Authorizations submitted by all Sponsors (and on file with the RCO), the identified Authorized Representative(s)/Agent(s) have full authority to legally bind the Sponsor(s) regarding all matters related to the project identified above, including but not limited to, full authority to: (1) sign a grant application for grant assistance, (2) enter into this Agreement on behalf of the Sponsor(s), including indemnification, as provided therein, (3) enter any amendments thereto on behalf of Sponsor(s), and (4) make any decisions and submissions required with respect to the project. Agreements and amendments must be signed by the Authorized Representative/Agent(s) of all Sponsors, unless otherwise allowed in the AMENDMENTS TO AGREEMENT Section. A. During the Period of Performance, in order for a Sponsor to change its Authorized Representative/Agent as identified on the original signed Applicant Resolution/Authorization the Sponsor must provide the RCO a new Applicant Resolution/Authorization signed by its governing body or a written delegation of authority to sign in lieu of originally authorized Representative/Agency(s). Unless a new Applicant Resolution/Authorization has been provided, the RCO shall proceed on the basis that the person who is listed as the Authorized Representative in the last Resolution/Authorization that RCO has received is the person with authority to bind the Sponsor to the Agreement (including any amendments thereto) and decisions related to implementation of the Agreement. B. Amendments After the Period of Performance. RCO reserves the right to request and Sponsor has the obligation to provide, authorizations and documents that demonstrate any signatory to an amendment has the authority to legally bind the Sponsor as described in the above Sections. For the purposes of this Agreement, as well as for grant management purposes with RCO, only the primary Sponsor may act as a fiscal agent to obtain reimbursements (See PROJECT REIMBURSEMENTS Section). PURPOSE OF AGREEMENT This Agreement sets out the terms and conditions by which a grant is made from the General Fund - Federal of the State of Washington. The grant is administered by the Recreation and Conservation Office (RCO). DESCRIPTION OF PROJECT The City of Tukwila proposes to complete preliminary design and apply for permits for the Nelsen Side Channel restoration on the Lower Green River. The future restoration project will create about one acre of rare off -channel rearing habitat and restore another acre of riparian forest by setting back a levee and reconnecting the river with its historic channel to benefit threatened juvenile Chinook salmon and other salmonids. The design will include off -channel habitat to provide forage opportunities and refugia during the high flows of the early out -migration period: planting plan for the riparian and upland areas surrounding the side channel, and along the mainstem of the Green River, restoring ecological function and providing critically needed shade; large wood placement to provide food sources, wood recruitment and refuge for juvenile Chinook. This proposal is integrated with the work of the City's non-profit partner, DirtCorps, who is restoring nearly an acre of shoreline upstream from the side channel. The Nelsen Side Channel Project is among the projects listed in WRIA 9's Salmon Habitat Plan 2021 update. PERIOD OF PERFORMANCE The period of performance begins on September 22, 2022 (project start date) and ends on September 30, 2024 (project end date). No allowable cost incurred before or after this period is eligible for reimbursement unless specifically provided for by written amendment or addendum to this Agreement, or specifically provided for by applicable RCWs, WACs, and any applicable RCO manuals as of the effective date of this Agreement. The RCO reserves the right to summarily dismiss any request to amend this Agreement if not made at least 60 days before the project end date. 17 RCO: 22-1047 Revision Date: 9/15/2022 Pane 1 of 23 STANDARD TERMS AND CONDITIONS INCORPORATED The Standard Terms and Conditions of the Recreation and Conservation Office attached hereto are incorporated by reference as part of this Agreement. LONG-TERM OBLIGATIONS For this planning project, the sponsor's on-going obligation shall be the same as the period of performance identified in the Period of Performance section. PROJECT FUNDING The total grant award provided for this project shall not exceed $100,000.00. The RCO shall not pay any amount beyond that approved for grant funding of the project and within the percentage as identified below. The Sponsor shall be responsible for all total project costs that exceed this amount. The minimum matching share provided by the Sponsor shall be as indicated below: SRFB - Salmon Federal Projects Project Sponsor Total Project Cost Percentage Dollar Amount Source of Funding 84.93% 15.07% $100,000.00 Federal $17,750.00 100.00% $117,750.00 FEDERAL FUND INFORMATION If federal funding information is included in this section, this project is funded by, matched by, and/or funded in part by the following federal award, or subaward: Federal Agency: US Dept of Commerce Assistance Listing Number and Name: 11.438 - PCSRF Federal Award Identification Number: NA22NMF4380227 Federal Fiscal Year: 2022 Federal Award Date: 07/19/2022 Total Federal Award: $23,280,000 Federal Award Project Description: FY2022 Pacific Coastal Salmon Recovery This funding is not research and development (R&D). If the Sponsor's total federal expenditures are $750,000 or more during the Sponsor's fiscal -year, the Sponsor is required to have a federal single audit conducted for that year in compliance with 2 C.F.R. Part 200 (as updated). The Sponsor must provide a copy of the final audit report to RCO within nine months of the end of the Sponsor's fiscal year, unless a longer period is agreed to in advance by the federal agency identified in this section. Sponsor shall comply with the federal "Omni -circular" (2 C.F.R. Part 200). RCO may suspend all reimbursements if the Sponsor fails to timely provide a single federal audit; further the RCO reserves the right to suspend any and all RCO Agreement(s) with the Sponsor if such noncompliance is not promptly cured. RIGHTS AND OBLIGATIONS INTERPRETED IN LIGHT OF RELATED DOCUMENTS All rights and obligations of the parties under this Agreement are further specified in and shall be interpreted in light of the Sponsor's application and the project summary and eligible scope activities under which the Agreement has been approved and/or amended as well as documents produced in the course of administering the Agreement, including the eligible scope activities, the milestones report, progress reports, and the final report. Provided, to the extent that information contained in such documents is irreconcilably in conflict with the Agreement, such information shall not be used to vary the terms of the Agreement, unless the terms in the Agreement are shown to be subject to an unintended error or omission. "Agreement" as used here and elsewhere in this document, unless otherwise specifically stated, has the meaning set forth in the definitions of the Standard Terms and Conditions. AMENDMENTS TO AGREEMENT Except as provided herein, no amendment (including without limitation, deletions) of this Agreement will be effective unless set forth in writing signed by all parties. Exception: extensions of the Period of Performance and minor scope adjustments need only be signed by RCO's director or designee and consented to in writing (including email) by the Sponsor's Authorized Representative/Agent or Sponsor's designated point of contact for the implementation of the Agreement (who may be a person other than the Authorized Agent/Representative), unless otherwise provided for in an amendment. This exception does not apply to a federal government Sponsor or a Sponsor that requests and enters into a formal amendment for extensions or 18 RCO: 22-1047 Revision Date: 9/15/2022 Page 2 of 23 minor scope adjustments. It is the responsibility of a Sponsor to ensure that any person who signs an amendment on its behalf is duly authorized to do so. Unless otherwise expressly stated in an amendment, any amendment to this Agreement shall be deemed to include all current federal, state, and local government laws and rules, and policies applicable and active and published in the applicable RCO manuals or on the RCO website in effect as of the effective date of the amendment, without limitation to the subject matter of the amendment. Provided, any update in law, rule, policy or a manual that is incorporated as a result of an amendment shall apply only prospectively and shall not require that an act previously done in compliance with existing requirements be redone. However, any such amendment, unless expressly stated, shall not extend or reduce the long-term obligation term. COMPLIANCE WITH APPLICABLE STATUTES, RULES, AND POLICIES This Agreement is governed by, and the sponsor shall comply with, all applicable state and federal laws and regulations, applicable RCO manuals as identified below, Exhibits, and any applicable federal program and accounting rules effective as of the date of this Agreement or as of the effective date of an amendment, unless otherwise provided in the amendment. Provided, any update in law, rule, policy or a manual that is incorporated as a result of an amendment shall apply only prospectively and shall not require that an act previously done in compliance with existing requirements be redone unless otherwise expressly stated in the amendment. For the purpose of this Agreement, WAC Title 420, SRFB policies shall apply as terms of this Agreement. For the purpose of this Agreement, the following RCO manuals are deemed applicable and shall apply as terms of this Agreement: • Reimbursements - Manual 8 • Salmon Recovery Grants - Manual 18 SPECIAL CONDITIONS Special Condition #1: Cultural Resources -Survey Required. This agreement requires compliance with Executive Order 21-02. RCO has completed the initial consultation for this project and a cultural resources survey is required. The cultural resources survey must include documentation of any above or below ground archaeological resources as well as any possible historic structures or buildings that may be affected by the project. Archaeological monitoring of any proposed geotechnical borings, investigations, or test pits may be included as part of the cultural resources survey. The Sponsor must submit the results of the cultural resources survey to RCO and receive a notice of cultural resources completion. Ground disturbance started without approval will be considered a breach of contract. If archaeological or historic materials are discovered while conducting ground disturbing activities, work in the immediate vicinity must stop and the Sponsor must ensure compliance with the provisions found in this agreement. All cultural resources work must meet reporting guidelines outlined by the Department of Archaeology and Historic Preservation. Special Condition #2: Include explicit evaluation of sedimentation and thermal mixing as part of the Appendix D-1 feasibility study/conceptual design. SPECIAL CONDITION #3: On September 22, 2022, the SRFB approved the Salmon Recovery Funding lists which included this partially funded project. The WRIA 9 Lead Entity awarded $100,000 Salmon Recovery funding (available in 2022) and $200,000 PSAR funding (available in 2023, depending on legislative appropriation). The sponsor match is reduced to $17,750 reflecting the minimum 15% share requirement. If full funding is secured in 2023, the PSAR funds will be amended into the project, and the match will be increased to $54,000. If full funding is not secured, the scope of work will be reduced to reflect what can be accomplished with 2022 funding plus 2022 match awarded. AGREEMENT CONTACTS The parties will provide all written communications and notices under this Agreement to either or both the mail address and/or the email address listed below: 19 RCO: 22-1047 Revision Date: 9/15/2022 Page 3 of 23 Sponsor Project Contact Mike Perfetti 6300 Southcenter Blvd, Ste 100 Tukwila, WA 98188 Mike.Perfetti@TukwilaWA.gov RCO Contact Bridget Kaminski Outdoor Grants Manager PO Box 40917 Olympia, WA 98504-0917 bridget.kaminski@rco.wa.gov These addresses and contacts shall be effective until receipt by one party from the other of a written notice of any change. Unless otherwise provided for in this Agreement, decisions relating to the Agreement must be made by the Authorized Representative/Agent, who may or may not be the Project Contact for purposes of notices and communications. ENTIRE AGREEMENT This Agreement, with all amendments and attachments, constitutes the entire Agreement of the parties. No other understandings, oral or otherwise, regarding this Agreement shall exist or bind any of the parties. EFFECTIVE DATE Unless otherwise provided for in this Agreement, this Agreement, for Project 22-1047, shall become effective and binding on the date signed by both the sponsor and the RCO's authorized representative, whichever is later (Effective Date). Reimbursements for eligible and allowable costs incurred within the period of performance identified in the PERIOD OF PERFORMANCE Section are allowed only when this Agreement is fully executed and an original is received by RCO. The Sponsor has read, fully understands, and agrees to be bound by all terms and conditions as set forth in this Agreement and the STANDARD TERMS AND CONDITIONS OF THE RCO GRANT AGREEMENT. The signatories listed below represent and warrant their authority to bind the parties to this Agreement. City of Tukwila By: Name (printed): Title: Date: State of Washington Recreation and Conservation Office On behalf of the Salmon Recovery Funding Board (SRFB or funding board) By: Date: Megan Duffy Director Recreation and Conservation Office Pre -approved as to form: f By: t= Date: 09/15/2022 Assistant Attorney General 20 RCO: 22-1047 Revision Date: 9/15/2022 Page 4 of 23 ti , '."..SIIINGTON STATE Recreation and Conservation Office Project Sponsor: Project Title: City of Tukwila Nelsen Side Channel RCO Grant Agreement Project Number: 22-1047P Approval Date: 09/22/2022 Eligible Scope Activities ELIGIBLE SCOPE ACTIVITIES Planning Metrics Worksite #1, Nelsen Side Channel Targeted salmonid ESU/DPS (A.23): Targeted species (non -ESU species): Area Encompassed (acres) (B.0.b.1): Miles of Stream and/or Shoreline Affected (B.0.b.2): Design for Salmon restoration Conceptual Design (B.1.b.11.a RCO) Project Identified in a Plan or Watershed Assessment. (2457) (B.1.b.11.a): Priority in Recovery Plan (2458) (B.1.b.11.b): Preliminary design (B.1.b.11.a RCO) Project Identified in a Plan or Watershed Assessment. (1220) (B.1.b.11.a): Priority in Recovery Plan (1222) (B.1.b.11.b): Final design and permitting (B.1.b.11.a RCO) Project Identified in a Plan or Watershed Assessment. (1221) (B.1.b.11.a): Priority in Recovery Plan (1223) (B.1.b.11.b): Cultural Resources Cultural resources Agency Indirect Costs Agency Indirect Chinook Salmon -Puget Sound ESU, Steelhead- Puget Sound DPS None 2.6 0.19 WRIA 9. (2021 Update). Green/Duwamish and Central Puget Sound Watershed Salmon Habitat Plan: Making Our Watershed Fit for a King. https://www.govlink.org/watersheds/9/plan- implementation/2021 %20PIan%20Update/7_Low er%20Green%20River%20Subwatershed. pdf Puget Sound Partnership's 2018-2022 Near Term Action Agenda WRIA 9 Habitat Plan- Chapter 7, Lower Green Watershed, Project LG -15, Tier 3 Puget Sound Partnerships - NTA # 2018-0717, Tier 4 WRIA 9. (2021 Update). Green/Duwamish and Central Puget Sound Watershed Salmon Habitat Plan: Making Our Watershed Fit for a King. https://www.govlink.org/watersheds/9/plan- implementation/2021 %20PIan%20Update/7_Low er%20Green%20River%20Subwatershed. pdf Puget Sound Partnership's 2018-2022 Near Term Action Agenda WRIA 9 Habitat Plan- Chapter 7, Lower Green Watershed, Project LG -15, Tier 3 Puget Sound Partnerships - NTA # 2018-0717, Tier 4 None None 21 RCO: 22-1047 Revision Date: 9/15/2022 Page 5 of 23 ..ASHIr4GTON STATE Recreation and Conservation Office Project Sponsor: Project Title: City of Tukwila Nelsen Side Channel RCO Grant Agreement Project Number: 22-1047P Approval Date: 09/22/2022 PROJECT MILESTONE REPORT Complete Milestone Project Milestones Target Date Comments/Description Project Start RFP Complete/Consultant Hired Progress Report Due Data Gathering Started Other Progress Report Due Annual Project Billing Due Cultural Resources Complete Preliminary Design to RCO Progress Report Due Applied for Permits Final Design to RCO Final Report Due Progress Report Due Agreement End Date Final Billing Due 09/22/2022 03/01/2023 03/15/2023 04/30/2023 06/30/2023 09/15/2023 09/22/2023 12/31/2023 12/31/2023 03/15/2024 05/30/2024 06/30/2024 07/15/2024 09/15/2024 09/30/2024 12/31/2024 Data Gathering Complete Cultural resources survey and historic structures documentation required prior to ground disturbance, may proceed concurrently with geotech/soils investigations, see special condition #1. As described in RCO Manual 18, App D-2 As described in This is the RCO Project Closing. this date. RCO Manual 18, App D-3 final report in PRISM All expenditures must be prior to 22 RCO: 22-1047 Revision Date: 9/15/2022 Page 6 of 23 SS'ASI4ING STATE Recreation and Conservation Office Project Sponsor: Project Title: City of Tukwila Nelsen Side Channel RCO Grant Agreement Project Number: 22-1047P Approval Date: 09/22/2022 Standard Terms and Conditions of the Recreation and Conservation Office Table of Contents STANDARD TERMS AND CONDITIONS EFFECTIVE DATE 8 CITATIONS, HEADINGS AND DEFINITIONS 8 PERFORMANCE BY THE SPONSOR 10 ASSIGNMENT 11 RESPONSIBILITY FOR PROJECT 11 INDEMNIFICATION 11 INDEPENDENT CAPACITY OF THE SPONSOR 12 CONFLICT OF INTEREST 12 COMPLIANCE WITH APPLICABLE LAW 12 ARCHAEOLOGICAL AND CULTURAL RESOURCES 13 RECORDS 14 PROJECT FUNDING 14 PROJECT REIMBURSEMENTS 14 RECOVERY OF PAYMENTS 15 COVENANT AGAINST CONTINGENT FEES 16 INCOME (AND FEES) AND USE OF INCOME 16 PROCUREMENT REQUIREMENTS 16 TREATMENT OF EQUIPMENT AND ASSETS 17 RIGHT OF INSPECTION 17 STEWARDSHIP AND MONITORING 17 ACKNOWLEDGMENT AND SIGNS 17 PROVISIONS FOR FEDERAL SUBAWARDS 18 PROVISIONS FOR SALMON RECOVERY FUNDING BOARD PROJECTS 20 ORDER OF PRECEDENCE 20 LIMITATION OF AUTHORITY 20 WAIVER OF DEFAULT 20 APPLICATION REPRESENTATIONS — MISREPRESENTATIONS OR INACCURACY OR BREACH 20 SPECIFIC PERFORMANCE 21 TERMINATION AND SUSPENSION 21 DISPUTE HEARING 22 ATTORNEYS' FEES 22 GOVERNING LAW/VENUE 22 SEVERABILITY 22 END OF STANDARD TERMS AND CONDITIONS 23 23 RCO: 22-1047 Revision Date: 9/15/2022 Page 7 of 23 STANDARD TERMS AND CONDITIONS EFFECTIVE DATE This document sets forth the Standard Terms and Conditions of the Recreation and Conservation Office as of 10/20/2022. CITATIONS, HEADINGS AND DEFINITIONS A. Any citations referencing specific documents refer to the current version on the effective date of this Agreement or the effective date of any amendment thereto. B. Headings used in this Agreement are for reference purposes only and shall not be considered a substantive part of this Agreement. C. Definitions. As used throughout this Agreement, the following terms shall have the meaning set forth below: Agreement, terms of the Agreement, or project agreement — The document entitled "RCO GRANT AGREEMENT" accepted by all parties to the present project and transaction, including without limitation the Standard Terms and Conditions of the RCO Grant Agreement, all exhibits, attachments, addendums, amendments, and applicable manuals, and any intergovernmental agreements, and/or other documents that are incorporated into the Agreement subject to any limitations on their effect under this Agreement. applicable manual(s), manual — A manual designated in this Agreement to apply as terms of this Agreement, subject (if applicable) to substitution of the "RCO director" for the term "board" in those manuals where the project is not approved by or funded by the referenced board, or a predecessor to the board. applicable WAC(s) — Designated chapters or provisions of the Washington Administrative Code that apply by their terms to the type of grant in question or are deemed under this Agreement to apply as terms of the Agreement, subject to substitution of the "RCO director" for the term "board" or "agency" in those cases where the RCO has contracted to or been delegated to administer the grant program in question. applicant — Any party, prior to becoming a Sponsor, who meets the qualifying standards/eligibility requirements for the grant application or request for funds in question. application — The documents and other materials that an applicant submits to the RCO to support the applicant's request for grant funds; this includes materials required for the "Application" in the RCO's automated project information system, and other documents as noted on the application checklist including but not limited to legal opinions, maps, plans, evaluation presentations and scripts. Authorized Representative/Agent — A Sponsor's agent (employee, political appointee, elected person, etc.) authorized to be the signatory of this Agreement and any amendments requiring a Sponsor's signature. This person has the signature authority to bind the Sponsor to this Agreement, grant, and project. C.F.R. — Code of Federal Regulations completed project or project completion — The status of a project when all of the following have occurred: • The grant funded project has been inspected by the RCO and the RCO has determined that all scopes of work to implement the project have been completed satisfactorily. • A final project report is submitted to and accepted by RCO. • Any needed amendments to the Agreement have been entered by the Sponsor and RCO and have been delivered to the RCO. • A final reimbursement request has been delivered to and paid by RCO. • Documents affecting property rights (including RCO's as may apply) and any applicable notice of grant, have been recorded (as may apply). contractor — An entity that receives a contract from a Sponsor related to performance of work or another obligation under this Agreement. Cultural Resources — Archaeological or historic archaeological sites, historic buildings/structures, and cultural or sacred places. director — The chief executive officer of the Recreation and Conservation Office or that person's designee. effective date — The date when the signatures of all parties to this agreement are present in the agreement. equipment — Tangible personal property (including information technology systems) having a useful service life of more than one year and a per-unit acquisition cost which equals or exceeds the lesser of the capitalization heel RCO: 22-1047 Revision Date: 9/15/2022 Page 8 of 23 established by the Sponsor or $5,000 (2 C.F.R. Part 200 (as updated)). funding board or board — The Washington State Recreation and Conservation Funding Board, or the Washington State Salmon Recovery Funding Board. Or both as may apply. Funding Entity — the entity that approves the project that is the subject to this Agreement. grant program — The source of the grant funds received. May be an account in the state treasury, or a grant category within a larger grant program, or a federal source. indirect cost — Costs incurred for a common or joint purpose benefitting more than one cost objective, and not readily assignable to the cost objectives specifically benefitted, without effort disproportionate to the results achieved (2 C.F.R. 200 as updated). Tong -term obligations — Sponsor's obligations after the project end date, as specified in the Agreement and manuals and other exhibits as may apply. landowner agreement — An agreement that is required between a Sponsor and landowner for projects located on land not owned, or otherwise controlled, by the Sponsor. match or matching share — The portion of the total project cost provided by the Sponsor. milestone — An important event with a defined date to track an activity related to implementation of a funded project and monitor significant stages of project accomplishment. Office — Means the Recreation and Conservation Office or RCO. pass-through entity — A non -Federal entity that provides a subaward to a subrecipient to carry out part of a Federal program (2 CFR 200 (as updated)). If this Agreement is a federal subaward, RCO is the pass-through entity. period of performance — The period beginning on the project start date and ending on the project end date. planning project - A project that results in one or more of the following: 1) a study, a plan, assessment, project design, inventory, construction plans and specifications, and permits; or 2) a project that provides money to facilitate the work of an organization engaged in planning and coordination, or resource stewardship. pre -agreement cost — A project cost incurred before the period of performance. primary Sponsor — The Sponsor who is not a secondary Sponsor and who is specifically identified in the Agreement as the entity to which RCO grants funds to and authorizes and requires to administer the grant. Administration includes but is not limited to acting as the fiscal agent for the grant (e.g. requesting and accepting reimbursements, submitting reports). Primary Sponsor includes its officers, employees, agents and successors. project — The undertaking that is funded by this Agreement either in whole or in part with funds administered by RCO. project area — The area consistent with the geographic limits of the scope of work of the project and subject to project agreement requirements. For restoration projects, the project area must include the physical limits of the project's final site plans or final design plans. For acquisition projects, the project area must include the area described by the legal description of the properties acquired for or committed to the project. project completion or completed project — The status of a project when all of the following have occurred: • The grant funded project has been inspected by the RCO and the RCO has determined that all scopes of work to implement the project have been completed satisfactorily. • A final project report is submitted to and accepted by RCO. • Any needed amendments to the Agreement have been entered by the Sponsor and RCO and have been delivered to the RCO. • A final reimbursement request has been delivered to and paid by RCO. • Documents affecting property rights (including RCO's as may apply) and any applicable notice of grant, have been recorded (as may apply). project cost — The total allowable costs incurred under this Agreement and all required match share and voluntary committed matching share, including third -party contributions (see also 2 C.F.R. Part 200 (as updated)) for federally funded projects). 25 RCO: 22-1047 Revision Date: 9/15/2022 Pacie 9 of 23 project end date — The specific date identified in the Agreement on which the period of performance ends, as may be changed by amendment. This date is not the end date for any long-term obligations. project start date — The specific date identified in the Agreement on which the period of performance starts. RCO — Recreation and Conservation Office — The state agency that administers the grant that is the subject of this Agreement. RCO includes the director and staff. RCW — Revised Code of Washington reimbursement — RCO's payment of funds from eligible and allowable costs that have already been paid by the Sponsor per the terms of the Agreement. renovation project — A project intended to improve an existing site or structure in order to increase its useful service life beyond current expectations or functions. This does not include maintenance activities to maintain the facility for its originally expected useful service life. secondary Sponsor — One of two or more Sponsors who is not a primary Sponsor. Only the primary Sponsor may be the fiscal agent for the project. Sponsor — A Sponsor is an organization that is listed in and has signed this Agreement. Sponsor Authorized Representative/Agent — A Sponsor's agent (employee, political appointee, elected person, etc.) authorized to be the signatory of this Agreement and any amendments requiring a Sponsor signature. This person has the signature authority to bind the Sponsor to this Agreement, grant, and project. SRFB — Salmon Recovery Funding Board subaward — Funds allocated to the RCO from another organization, for which RCO makes available to or assigns to another organization via this Agreement. Also, a subaward may be an award provided by a pass-through entity to a subrecipient for the subrecipient to carry out part of any award received by the pass-through entity. It does not include payments to a contractor or payments to an individual that is a beneficiary of a federal or other program. A subaward may be provided through any form of legal agreement, including an agreement that the pass-through entity considers a contract. Also see 2 C.F.R. Part 200 (as updated). For federal subawards, a subaward is for the purpose of carrying out a portion of a Federal award and creates a federal assistance relationship with the subrecipient (2 C.F.R. Part 200 (as updated)). If this Agreement is a federal subaward, the subaward amount is the grant program amount in the Project Funding Section. subrecipient — Subrecipient means an entity that receives a subaward. For non-federal entities receiving federal funds, a subrecipient is an entity that receives a subaward from a pass-through entity to carry out part of a federal program; but does not include an individual that is a beneficiary of such program. A subrecipient may also be a recipient of other federal awards directly from a federal awarding agency (2 C.F.R. Part 200 (as updated)). If this Agreement is a federal subaward, the Sponsor is the subrecipient. tribal consultation — Outreach, and consultation with one or more federally recognized tribes (or a partnership or coalition or consortium of such tribes, or a private tribal enterprise) whose rights will or may be significantly affected by the proposed project. This includes sharing with potentially -affected tribes the scope of work in the grant and potential impacts to natural areas, natural resources, and the built environment by the project. It also includes responding to any tribal request from such tribes and considering tribal recommendations for project implementation which may include not proceeding with parts of the project, altering the project concept and design, or relocating the project or not implementing the project, all of which RCO shall have the final approval of. useful service life — Period during which a built asset, equipment, or fixture is expected to be useable for the purpose it was acquired, installed, developed, and/or renovated, or restored per this Agreement. WAC — Washington Administrative Code. PERFORMANCE BY THE SPONSOR The Sponsor shall undertake the project as described in this Agreement, and in accordance with the Sponsor's proposed goals and objectives described in the application or documents submitted with the application, all as finally approved by the RCO (to include any RCO approved changes or amendments thereto). All submitted documents are incorporated by this reference as if fully set forth herein. Timely completion of the project and submission of required documents, including progress and final reports, is important. Failure to meet critical milestones or complete the project, as set out in this Agreement, is a material breach of the Agreement. 26 RCO: 22-1047 Revision Date: 9/15/2022 Page 10 of 23 ASSIGNMENT Neither this Agreement, nor any claim arising under this Agreement, shall be transferred or assigned by the Sponsor without prior written approval of the RCO. Sponsor shall not sell, give, or otherwise assign to another party any property right, or alter a conveyance (see below) for the project area acquired with this grant without prior approval of the RCO. RESPONSIBILITY FOR PROJECT Although RCO administers the grant that is the subject of this Agreement, the project itself remains the sole responsibility of the Sponsor. The RCO and Funding Entity (if different from the RCO) undertakes no responsibilities to the Sponsor, or to any third party, other than as is expressly set out in this Agreement. The responsibility for the implementation of the project is solely that of the Sponsor, as is the responsibility for any claim or suit of any nature by any third party related in any way to the project. When a project has more than one Sponsor, any and all Sponsors are equally responsible for the project and all post -completion stewardship responsibilities and long-term obligations unless otherwise stated in this Agreement. The RCO, its employees, assigns, consultants and contractors, and members of any funding board or advisory committee or other RCO grant review individual or body, have no responsibility for reviewing, approving, overseeing or supervising design, construction, or safety of the project and leaves such review, approval, oversight and supervision exclusively to the Sponsor and others with expertise or authority. In this respect, the RCO, its employees, assigns, consultants and contractors, and any funding board or advisory committee or other RCO grant review individual or body will act only to confirm at a general, lay person, and nontechnical level, solely for the purpose of project eligibility and payment and not for safety or suitability, that the project apparently is proceeding or has been completed as per the Agreement. INDEMNIFICATION The Sponsor shall defend, indemnify, and hold the State and its officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the actual or alleged acts, errors, omissions or negligence in connection with this Agreement (including without limitation all work or activities thereunder), or the breach of any obligation under this Agreement by the Sponsor or the Sponsor's agents, employees, contractors, subcontractors, or vendors, of any tier, or any other persons for whom the Sponsor may be legally liable. Provided that nothing herein shall require a Sponsor to defend or indemnify the State against and hold harmless the State from claims, demands or suits based solely upon the negligence of the State, its employees and/or agents for whom the State is vicariously liable. Provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the Sponsor or the Sponsor's agents or employees, and (b) the State, or its employees or agents the indemnity obligation shall be valid and enforceable only to the extent of the Sponsor's negligence or its agents, or employees. As part of its obligations provided above, the Sponsor specifically assumes potential liability for actions brought by the Sponsor's own employees or its agents against the State and, solely for the purpose of this indemnification and defense, the Sponsor specifically waives any immunity under the state industrial insurance law, RCW Title 51. Sponsor's waiver of immunity under this provision extends only to claims against Sponsor by Indemnitee RCO, and does not include, or extend to, any claims by Sponsor's employees directly against Sponsor. Sponsor shall ensure that any agreement relating to this project involving any contractors, subcontractors and/or vendors of any tier shall require that the contracting entity indemnify, defend, waive RCW 51 immunity, and otherwise protect the State as provided herein as if it were the Sponsor. This shall not apply to a contractor or subcontractor is solely donating its services to the project without compensation or other substantial consideration. The Sponsor shall also defend, indemnify, and hold the State and its officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or inventions by the Sponsor or the Sponsor's agents, employees, contractors, subcontractors or vendors, of any tier, or any other persons for whom the Sponsor may be legally liable, in performance of the work under this Agreement or arising out of any use in connection with the Agreement of methods, processes, designs, information or other items furnished or communicated to the State, its agents, officers and employees pursuant to the Agreement. Provided, this indemnity shall not apply to any alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or inventions resulting from the State's, its agents', officers' and employees' failure to comply with specific written instructions regarding use provided to the State, its agents, officers and employees by the Sponsor, its agents, employees, contractors, subcontractors or vendors, of any tier, or any other persons for whom the Sponsor may be legally liable. The funding board and RCO are included within the term State, as are all other agencies, departments, boards, councils, committees, divisions, bureaus, offices, societies, or other entities of state government. 27 RCO: 22-1047 Revision Date: 9/15/2022 Page 11 of 23 INDEPENDENT CAPACITY OF THE SPONSOR The Sponsor and its employees or agents performing under this Agreement are not officers, employees or agents of the RCO or Funding Entity. The Sponsor will not hold itself out as nor claim to be an officer, employee or agent of the RCO or the Funding Entity, or of the state of Washington, nor will the Sponsor make any claim of right, privilege or benefit which would accrue to an employee under RCW 41.06. The Sponsor is responsible for withholding and/or paying employment taxes, insurance, or deductions of any kind required by federal, state, and/or local laws. CONFLICT OF INTEREST Notwithstanding any determination by the Executive Ethics Board or other tribunal, RCO may, in its sole discretion, by written notice to the Sponsor terminate this Agreement if it is found after due notice and examination by RCO that there is a violation of the Ethics in Public Service Act, RCW 42.52; or any similar statute involving the Sponsor in the procurement of, or performance under, this Agreement. In the event this Agreement is terminated as provided herein, RCO shall be entitled to pursue the same remedies against the Sponsor as it could pursue in the event of a breach of the Agreement by the Sponsor. The rights and remedies of RCO provided for in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or this Agreement. COMPLIANCE WITH APPLICABLE LAW In implementing the Agreement, the Sponsor shall comply with all applicable federal, state, and local laws (including without limitation all applicable ordinances, codes, rules, and regulations). Such compliance includes, without any limitation as to other applicable laws, the following laws: A. Nondiscrimination Laws. The Sponsor shall comply with all applicable federal, state, and local nondiscrimination laws and/or policies, including but not limited to: the Americans with Disabilities Act; Civil Rights Act; and the Age Discrimination Employment Act (if applicable). In the event of the Sponsor's noncompliance or refusal to comply with any nondiscrimination law or policy, the Agreement may be rescinded, cancelled, or terminated in whole or in part, and the Sponsor may be declared ineligible for further grant awards from the RCO or Funding Entity. The Sponsor is responsible for any and all costs or liability arising from the Sponsor's failure to so comply with applicable law. Except where a nondiscrimination clause required by a federal funding agency is used, the Sponsor shall insert the following nondiscrimination clause in each contract for construction of this project: "During the performance of this contract, the contractor agrees to comply with all federal and state nondiscrimination laws, regulations and policies." B. Secular Use of Funds. No funds awarded under this grant may be used to pay for any religious activities, worship, or instruction, or for lands and facilities for religious activities, worship, or instruction. Religious activities, worship, or instruction may be a minor use of the grant supported recreation and conservation land or facility. C. Wages and Job Safety. The Sponsor agrees to comply with all applicable laws, regulations, and policies of the United States and the State of Washington or other jurisdiction which affect wages and job safety. The Sponsor agrees when state prevailing wage laws (RCW 39.12) are applicable, to comply with such laws, to pay the prevailing rate of wage to all workers, laborers, or mechanics employed in the performance of any part of this contract, and to file a statement of intent to pay prevailing wage with the Washington State Department of Labor and Industries as required by RCW 39.12.40. The Sponsor also agrees to comply with the provisions of the rules and regulations of the Washington State Department of Labor and Industries. 1) Pursuant to RCW 39.12.040(1)(a), all contractors and subcontractors shall submit to Sponsor a statement of intent to pay prevailing wages if the need to pay prevailing wages is required by law. If a contractor or subcontractor intends to pay other than prevailing wages, it must provide the Sponsor with an affirmative statement of the contractor's or subcontractor's intent. Unless required by law, the Sponsor is not required to investigate a statement regarding prevailing wage provided by a contractor or subcontractor. D. Restrictions on Grant Use. No part of any funds provided under this grant shall be used, other than for normal and recognized executive -legislative relationships, for publicity or propaganda purposes, or for the preparation, distribution, or use of any kit, pamphlet, booklet, publication, radio, television, or video presentation designed to support or defeat legislation pending before the U.S. Congress or any state legislature. No part of any funds provided under this grant shall be used to pay the salary or expenses of any Sponsor, or agent acting for such Sponsor, related to any activity designed to influence legislation or appropriations pending before the U.S. Congress or any state legislature. E. Debarment and Certification. By signing the Agreement with RCO, the Sponsor certifies that neither it nor its principals nor any other lower tier participant are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by Washington State Labor and Industries. Further, the Sponsor agrees not to enter into any arrangements or contracts related to this Agreement with any party 28 RCO: 22-1047 Revision Date: 9/15/2022 Page 12 of 23 that is on Washington State Department of Labor and Industries' "Debarred Contractor List." ARCHAEOLOGICAL AND CULTURAL RESOURCES A. Project Review. RCO facilitates the review of projects for potential impacts to archaeology and cultural resources, except as those listed below. The Sponsor shall follow RCO guidance and directives to assist it with such review as may apply. 1) Projects occurring on State/Federal Lands: Archaeological and cultural resources compliance for projects occurring on State or Federal Agency owned or managed lands, will be the responsibility of the respective agency, regardless of sponsoring entity type. Prior to ground disturbing work or alteration of a potentially historic or culturally significant structure, or release of final payments on an acquisition, the Sponsor must provide RCO all documentation acknowledging and demonstrating that the applicable archaeological and cultural resources responsibilities of such state or federal landowner or manager has been conducted. B. Termination. RCO retains the right to terminate a project due to anticipated or actual impacts to archaeology and cultural resources. C. Notice To Proceed. No work shall commence in the project area until RCO has provided a notice of cultural resources completion. RCO may require on-site monitoring for impacts to archaeology and cultural resources during any demolition, construction, land clearing, restoration, or repair work, and may direct that work stop to minimize, mitigate, or avoid impacts to archaeology and cultural resource impacts or concerns. All cultural resources requirements for non ground disturbing projects (such as acquisition or planning projects) must be met prior to final reimbursement. D. Compliance and Indemnification. At all times, the Sponsor shall take reasonable action to avoid, minimize, or mitigate adverse effects to archaeological and historic resources in the project area, and comply with any RCO direction for such minimization and mitigation. All federal or state cultural resources requirements under Governor's Executive Order 21-02 and the National Historic Preservation Act, and the State Environmental Policy Act and the National Environmental Policy Act, and any local laws that may apply, must be completed prior to the start of any work on the project site. The Sponsor must agree to indemnify and hold harmless the State of Washington in relation to any claim related to historical or cultural artifacts discovered, disturbed, or damaged due to the project funded under this Agreement. Sponsor shall comply with RCW 27.53, RCW 27.44.055, and RCW 68.50.645, and all other applicable local, state, and federal laws protecting cultural resources and human remains. E. Costs associated with project review and evaluation of archeology and cultural resources are eligible for reimbursement under this agreement. Costs that exceed the budget grant amount shall be the responsibility of the Sponsor Inadvertent Discovery Plan. The Sponsor shall request, review, and be bound by the RCO Inadvertent Discovery Plan, and: 1) Keep the IDP at the project site. 2) Make the IDP readily available to anyone working at the project site. 3) Discuss the IDP with staff and contractors working at the project site. 4) Implement the IDP when cultural resources or human remains are found at the project site. F. Discovery 1) If any archaeological or historic resources are found while conducting work under this Agreement, the Sponsor shall immediately stop work and notify RCO, the Department of Archaeology and Historic Preservation at (360) 586-3064, and any affected Tribe, and stop any activity that may cause further disturbance to the archeological or historic resources. 2) If any human remains are found while conducting work under this Agreement, Sponsor shall immediately stop work and notify the local Law Enforcement Agency or Medical Examiner/Coroner's Office, and then RCO, all in the most expeditious manner, and stop any activity that may cause disturbance to the remains. Sponsor shall secure the area of the find will and protect the remains from further disturbance until the State provides a new notice to proceed. a) Any human remains discovered shall not be touched, moved, or further disturbed unless directed by RCO or the Department of Archaeology and Historic Preservation (DAHP). b) The county medical examiner/coroner will assume jurisdiction over the human skeletal remains and make a determination of whether those remains are forensic or non -forensic. If the county medical examiner/coroner determines the remains are non -forensic, then they will report that finding to the Department of Archaeology and Historic Preservation (DAHP) who will then take jurisdiction over the remains. The DAHP will notify any appropriate cemeteries and all affected tribes of the find. The State Physical Anthropologist will make a determination of whether the remains are Indian or RCO: 22-1047 Revision Date: 9/15/2022 Page 13 of 23 Indian and report that finding to any appropriate cemeteries and the affected tribes. The DAHP will then handle all consultation with the affected parties as to the future preservation, excavation, and disposition of the remains. RECORDS A. Digital Records. If requested by RCO, the Sponsor must provide a digital file(s) of the project property and funded project site in a format specified by the RCO. B. Maintenance and Retention. The Sponsor shall maintain books, records, documents, data and other records 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. Sponsor shall retain such records for a period of nine years from the date RCO deems the project complete, as defined in the PROJECT REIMBURSEMENTS Section. If any litigation, claim or audit is started before the expiration of the nine (9) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. C. In order to satisfy 15 CFR 24.42(b) & (c) and 2 CFR 200 (as updated), for projects that contain Pacific Coast Salmon Recovery Funds or are used as match to Pacific Coast Salmon Recovery Funds the sponsor shall retain records for a period of nine years from the date RCO deems the project complete as defined in the PROJECT REIMBURSEMENTS Section. D. Access to Records and Data. At no additional cost, the records relating to the Agreement, including materials generated under the Agreement, shall be subject at all reasonable times to inspection, review or audit by RCO, personnel duly authorized by RCO, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement. This includes access to all information that supports the costs submitted for payment under the grant and all findings, conclusions, and recommendations of the Sponsor's reports, including computer models and methodology for those models. E. Public Records. Sponsor acknowledges that the RCO is subject to RCW 42.56 and that this Agreement and any records Sponsor submits or has submitted to the State shall be a public record as defined in RCW 42.56. RCO administers public records requests per WAC 286-06 and 420-04 (which ever applies). Additionally, the Sponsor agrees to disclose any information in regards to the expenditure of that funding as if the project sponsor were subject to the requirements of chapter 42.56 RCW. By submitting any record to the State, Sponsor understands that the State may be requested to disclose or copy that record under the state public records law, currently codified at RCW 42.56. The Sponsor warrants that it possesses such legal rights as are necessary to permit the State to disclose and copy such record to respond to a request under state public records laws. The Sponsor hereby agrees to release the State from any claims arising out of allowing such review or copying pursuant to a public records act request, and to indemnify against any claims arising from allowing such review or copying and pay the reasonable cost of state's defense of such claims. PROJECT FUNDING A. Authority. This Agreement and funding is made available to Sponsor through the RCO. B. Additional Amounts. The RCO or Funding Entity shall not be obligated to pay any amount beyond the dollar amount as identified in this Agreement, unless an additional amount has been approved in advance by the RCO director and incorporated by written amendment into this Agreement. C. Before the Agreement. No expenditure made, or obligation incurred, by the Sponsor before the project start date shall be eligible for grant funds, in whole or in part, unless specifically provided for by the RCO director, such as a waiver of retroactivity or program specific eligible pre -Agreement costs. For reimbursements of such costs, this Agreement must be fully executed and an original received by RCO. The dollar amounts identified in this Agreement may be reduced as necessary to exclude any such expenditure from reimbursement. D. Requirements for Federal Subawards. Pre -Agreement costs before the federal award date in the FEDERAL FUND INFORMATION Section are ineligible unless approved by the federal award agency (2 C.F.R § 200.458 (2013)). E. After the Period of Performance. No expenditure made, or obligation incurred, following the period of performance shall be eligible, in whole or in part, for grant funds hereunder. In addition to any remedy the RCO or Funding Entity may have under this Agreement, the grant amounts identified in this Agreement shall be reduced to exclude any such expenditure from participation. PROJECT REIMBURSEMENTS A. Reimbursement Basis. This Agreement is administered on a reimbursement basis per WAC 286-13 and/or 420-12, whichever has been designated to apply. Only the primary Sponsor may request reimbursement for eligible and allowable costs incurred during the period of performance. The primary Sponsor may request reimbursement3Tly RCO: 22-1047 Revision Date: 9/15/2022 Page 14 of 23 after (1) this Agreement has been fully executed and (2) the Sponsor has remitted payment to its vendors. RCO will authorize disbursement of project funds only on a reimbursable basis at the percentage as defined in the PROJECT FUNDING Section. Reimbursement shall not be approved for any expenditure not incurred by the Sponsor, or for a donation used as part of its matching share. RCO does not reimburse for donations. All reimbursement requests must include proper documentation of expenditures as required by RCO. B. Reimbursement Request Frequency. The primary Sponsor is required to submit a reimbursement request to RCO, at a minimum for each project at least once a year for reimbursable activities occurring between July 1 and June 30 or as identified in the milestones. Sponsors must refer to the most recent applicable RCO manuals and this Agreement regarding reimbursement requirements. C. Compliance and Payment. The obligation of RCO to pay any amount(s) under this Agreement is expressly conditioned on strict compliance with the terms of this Agreement and other agreements between RCO and the Sponsor. D. Conditions for Payment of Retainage. RCO reserves the right to withhold disbursement of the total amount of the grant to the Sponsor until the following has occurred: 1) RCO has accepted the project as a completed project, which acceptance shall not be unreasonably withheld. 2) On -'site signs are in place (if applicable); Any other required documents and media are complete and submitted to RCO;Grant related fiscal transactions are complete, and E. Requirements for Federal Subawards: Match. The Sponsor's matching share must comply with 2 C.F.R. Part 200 (as updated). Any shared costs or matching funds and all contributions, including cash and third party in-kind contributions, can be accepted as part of the Sponsor's matching share when such contributions meet all of the following criteria: 1) Are verifiable from the non -Federal entity's (Sponsor's) records; 2) Are not included as contributions for any other Federal award; 3) Are necessary and reasonable for accomplishment of project or program objectives; 4) Are allowable under 2 C.F.R. Part 200 as updated; 5) Are not paid by the Federal Government under another Federal award, except where the Federal statute authorizing a program specifically provides that Federal funds made available for such program can be applied to matching or cost sharing requirements of other Federal programs; 6) Are provided for in the approved budget when required by the Federal awarding agency identified in the FEDERAL FUND INFORMATION Section of this Agreement; and 7) Conform to other provisions of 2 C.F.R. Part 200 (as updated) as applicable. F. Requirements for Federal Subawards: Close out. Per 2 C.F.R § 200.343 (2013), the non -Federal entity (Sponsor) must: 1) Submit, no later than 90 calendar days after the end date of the period of performance, all financial, performance, and other reports as required by the terms and conditions of the Federal award. The Federal awarding agency or pass-through entity (RCO) may approve extensions when requested by the Sponsor. 2) Liquidate all obligations incurred under the Federal award not later than 90 calendar days after the end date of the period of performance as specified in the terms and conditions of the Federal award. 3) Refund any balances of unobligated cash that the Federal awarding agency or pass-through entity (RCO) paid in advance or paid and that are not authorized to be retained by the non -Federal entity (Sponsor) for use in other projects. See OMB Circular A-129 and see 2 C.F.R § 200.345 Collection of amounts due (2013), for requirements regarding unreturned amounts that become delinquent debts. 4) Account for any real and personal property acquired with Federal funds or received from the Federal Government in accordance with 2 C.F.R §§ 200.310 Insurance coverage through 200.316 Property trust relationship and 200.329 Reporting on real property (2013). RECOVERY OF PAYMENTS A. Recovery for Noncompliance. In the event that the Sponsor fails to expend funds under this Agreement in accordance with state and federal laws, and/or the provisions of the Agreement, fails to meet its percentage of the project total, and/or fails to comply with any of the terms and conditions of the Agreement, RCO reserves the rigtlto RCO: 22-1047 Revision Date: 9/15/2022 Page 15 of 23 recover grant award funds in the amount equivalent to the extent of noncompliance in addition to any other remedies available at law or in equity. B. Return of Overpayments. The Sponsor shall reimburse RCO for any overpayment or erroneous payments made under the Agreement. Repayment by the Sponsor of such funds under this recovery provision shall occur within 30 days of demand by RCO. Interest shall accrue at the rate of twelve percent (12%) per annum from the time the Sponsor received such overpayment. Unless the overpayment is due to an error of RCO, the payment shall be due and owing on the date that the Sponsor receives the overpayment from the RCO. If the payment is due to an error of RCO, it shall be due and owing 30 days after demand by RCO for refund. C. Requirements for Federal Subawards. RCO, acting as a pass-through entity, may impose any of the remedies as authorized in 2 C.F.R §§ 200.207 Specific conditions and/or 200.338 Remedies for noncompliance (2013). COVENANT AGAINST CONTINGENT FEES The Sponsor warrants that no person or selling agent has been employed or retained to solicit or secure this Agreement on an agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide employees or bona fide established agents maintained by the Sponsor for the purpose of securing business. RCO shall have the right, in the event of breach of this clause by the Sponsor, to terminate this Agreement and to be reimbursed by Sponsor for any grant funds paid to Sponsor (even if such funds have been subsequently paid to an agent), without liability to RCO or, in RCO's discretion, to deduct from the Agreement grant amount or consideration or recover by other means the full amount of such commission, percentage, brokerage or contingent fee. INCOME (AND FEES) AND USE OF INCOME A. Compatible source. The source of any income generated in a funded project or project area must be compatible with the funding source and the Agreement and any applicable manuals, RCWs, and WACs. B. Use of Income. Subject to any limitations contained in applicable state or federal law, any needed approvals of RCO, and applicable rules and policies, income or fees generated at a project work site (including entrance, utility corridor permit, cattle grazing, timber harvesting, farming, rent, franchise fees, ecosystem services, carbon offsets sequestration, etc.) during or after the reimbursement period cited in the Agreement, must be used to offset: 1) The Sponsor's matching resources; 2) The project's total cost; 3) The expense of operation, maintenance, stewardship, monitoring, and/or repair of the facility or program assisted by the grant funding; 4) The expense of operation, maintenance, stewardship, monitoring, and/or repair of other similar units in the Sponsor's system; 5) Capital expenses for similar acquisition and/or development and renovation; and/or 6) Other purposes explicitly approved by RCO or otherwise provided for in this agreement. C. Requirements for Federal Subawards. Requirements for Federal Subawards. Sponsors must also comply with program income requirements (see 2 C.F.R. Part 200 (as updated) for federal awards). PROCUREMENT REQUIREMENTS A. Procurement Requirements. If the Sponsor has, or is required to have, a procurement process that follows applicable state and/or federal law or procurement rules and principles, it must be followed, documented, and retained. If no such process exists, the Sponsor must follow these minimum procedures: 1) Publish a notice to the public requesting bids/proposals for the project; 2) Specify in the notice the date for submittal of bids/proposals; 3) Specify in the notice the general procedure and criteria for selection; and 4) Sponsor must contract or hire from within its bid pool. If bids are unacceptable the process needs to be repeated until a suitable bid is selected. 5) Comply with the same legal standards regarding unlawful discrimination based upon race, gender, ethnicity, sex, or sex -orientation that are applicable to state agencies in selecting a bidder or proposer. 32 RCO: 22-1047 Revision Date: 9/15/2022 Page 16 of 23 Alternatively, Sponsor may choose a bid from a bidding cooperative if authorized to do so. This procedure creates no rights for the benefit of third parties, including any proposers, and may not be enforced or subject to review of any kind or manner by any entity other than the RCO. Sponsors may be required to certify to the RCO that they have followed any applicable state and/or federal procedures or the above minimum procedure where state or federal procedures do not apply. B. Requirements for Federal Subawards. 1) For all Federal subawards, non -Federal entities (Sponsors) must follow 2 C.F.R §§ 200.318 General procurement standards through 200.326 Contract Provisions (2013). TREATMENT OF EQUIPMENT AND ASSETS Equipment shall be used and managed only for the purpose of this Agreement, unless otherwise provided herein or in the applicable manuals, or approved by RCO in writing. A. Discontinued Use. Equipment obtained under this Agreement shall remain in the possession of the Sponsor for the duration of the project, or RULES of applicable grant assisted program. When the Sponsor discontinues use of the equipment for the purpose for which it was funded, RCO may require the Sponsor to deliver the equipment to RCO, or to dispose of the equipment according to RCO published policies. B. Loss or Damage. The Sponsor shall be responsible for any loss or damage to equipment. C. Requirements for Federal Subawards. Procedures for managing equipment (including replacement equipment), whether acquired in whole or in part under a Federal award or match for the award, until disposition takes place will, at a minimum, meet the following requirements (2 C.F.R § 200.313 (2013) as updated and amended): 1) Property records must be maintained that include a description of the property, a serial number or other identification number, the source of funding for the property (including the Federal Award Identification Number), who holds title, the acquisition date, and cost of the property, percentage of Federal participation in the project costs for the Federal award under which the property was acquired, the location, use and condition of the property, and any ultimate disposition data including the date of disposal and sale price of the property. 2) A physical inventory of the property must be taken and the results reconciled with the property records at least once every two years. 3) A control system must be developed to ensure adequate safeguards to prevent loss, damage, or theft of the property. Any loss, damage, or theft must be investigated. 4) Adequate maintenance procedures must be developed to keep the property in good condition. 5) If the non -Federal entity is authorized or required to sell the property, proper sales procedures must be established to ensure the highest possible return. RIGHT OF INSPECTION The Sponsor shall provide right of access to the project to RCO, or any of its officers, or to any other authorized agent or official of the state of Washington or the federal government, at all reasonable times, in order to monitor and evaluate performance, long-term obligations, compliance, and/or quality assurance under this Agreement. If a landowner agreement or other form of control and tenure limits access to the project area, it must include (or be amended to include) the RCO's right to inspect and access lands acquired or developed with this funding assistance. STEWARDSHIP AND MONITORING Sponsor agrees to perform monitoring and stewardship functions as stated in the applicable WACs and manuals, this Agreement, or as otherwise directed by RCO consistent with the existing laws and applicable manuals. Sponsor further agrees to utilize, where applicable and financially feasible, any monitoring protocols recommended by the RCO; provided that RCO does not represent that any monitoring it may recommend will be adequate to reasonably assure project performance or safety. It is the sole responsibility of the Sponsor to perform such additional monitoring as may be adequate for such purposes. ACKNOWLEDGMENT AND SIGNS A. Federally Funded Projects. When issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing a project funded in whole or in part with federal money provided for in this grant, 33 RCO: 22-1047 Revision Date: 9/15/2022 Page 17 of 23 Sponsors shall clearly state: 1) The fund source; 2) The percentage of the total costs of the project that is financed with federal money; 3) The dollar amount of federal funds for the project; and 4) The percentage and dollar amount of the total costs of the project that is financed by nongovernmental sources. PROVISIONS FOR FEDERAL SUBAWARDS The following provisions shall be in force for this agreement: A. Sub -Recipient (Sponsor) must comply with the cost principles of 2 C.F.R. Part 200 (as updated). Unless otherwise indicated, the cost principles apply to the use of funds provided under this Agreement to include match and any in- kind matching donations. The applicability of the cost principles depends on the type of organization incurring the costs. B. Infrastructure Investment and Jobs Act, Pub. L. No. 117-58, Build America, Buy America Act, Pub. L. No. 117- 58, Section 70901-52. Subrecipients must comply with section 70914 of the Act, including by the incorporation of a Buy America preference in the terms and conditions of each award with an infrastructure project. The Act requires the following Buy America preference: 1) All iron and steel used in the project are produced in the United States. This means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. 2) All manufactured products used in the project are produced in the United States. This means the manufactured product was manufactured in the United States, and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and 3) All construction materials are manufactured in the United States. This means that all manufacturing processes for the construction material occurred in the United States. 4) Subject to subsequent approved federal agency specific waivers. C. Binding Official. Per 2 CFR 200 (as updated), as updated, Sponsor certifies through its actions or those of authorized staff, at the time of a request for reimbursement, the following: "To the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812)." D. Equal Employment Opportunity. Except as otherwise provided under 41 C.F.R. Part 60, all contracts that meet the definition of "federally assisted construction contract" in 41 C.F.R. § 60-1.3 must include the equal opportunity clause provided under 41 C.F.R. § 60- 1.4(b), in accordance with Executive Order 11246, Equal Employment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41 C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200 (as updated). 1) Federally Assisted Construction Contract. The regulation at 41 C.F.R. § 60-1.3 defines a "federally assisted construction contract" as any agreement or modification thereof between any applicant and a person for construction work which is paid for in whole or in part with funds obtained from the Government or borrowed on the credit of the Government pursuant to any Federal program involving a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, or any application or modification thereof approved by the Government for a grant, contract, loan, insurance, or guarantee under which the applicant itself participates in the construction work. 2) Construction Work. The regulation at 41 C.F.R. § 60-1.3 defines "construction work" as the construction, rehabilitation, alteration, conversion, extension, demolition or repair of buildings, highways, or other changes or improvements to real property, including facilities providing utility services. The term also includes the supervision, inspection, and other onsite functions incidental to the actual construction. 34 RCO: 22-1047 Revision Date: 9/15/2022 Page 18 of 23 E. Davis -Bacon Act, as amended (40 U.S.C. 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-federal entities (Sponsors) must include a provision for compliance with the Davis -Bacon Act (40 U.S.C. 3141-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity (Sponsor) must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non -Federal entity (Sponsor) must report all suspected or reported violations to the federal awarding agency identified in the Federal Fund Information Section. The contracts must also include a provision for compliance with the Copeland "Anti -Kickback" Act (40 U. S. C. 3145), as supplemented by Department of Labor regulations (29 C.F.R Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient (Sponsor) must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non -Federal entity (Sponsor) must report all suspected or reported violations to the Federal awarding agency identified in Section H: Federal Fund Information. F. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-federal entity (Sponsor) in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. G. Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of "funding agreement" under 37 C.F.R § 401.2(a) and the recipient or subrecipient (Sponsor) wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient (Sponsor) must comply with the requirements of 37 C.F.R Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. H. Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as Amended. Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non - Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency identified in Section H: Federal Fund Information and the Regional Office of the Environmental Protection Agency (EPA). I. Byrd Anti -Lobbying Amendment (31 U.S.C. 1352). By signing this Agreement, the Sponsor certifies (per the certification requirements of 31 U.S.C.) that none of the funds that the Sponsor has (directly or indirectly) received or will receive for this project from the United States or any agency thereof, have been used or shall be used to engage in the lobbying of the Federal Government or in litigation against the United States. Such lobbying includes any influence or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this project. Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. J. Procurement of Recovered Materials. A non-federal entity (Sponsor) that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal3ear RCO: 22-1047 Revision Date: 9/15/2022 Page 19 of 23 exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. K. Required Insurance. The non-federal entity (Sponsor) must, at a minimum, provide the equivalent insurance coverage for real property and equipment acquired or improved with federal funds as provided to property owned by the non-federal entity. Federally -owned property need not be insured unless required by the terms and conditions of the Federal award (2 C.F.R § 200.310 (2013)). L. Debarment and Suspension (Executive Orders 12549 and 12689). The Sponsor must not award a contract to parties listed on the government -wide exclusions in the System for Award Management (SAM), in accordance with the Office of Management and Budget (OMB) guidelines at 2 C.F.R § 180 that implement Executive Orders 12549 (3 C.F.R part 1986 Comp., p. 189) and 12689 (3 C.F.R part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. M. Conflict of Interest. Sponsor agrees to abide by the conflict of interest policy and requirements of the federal funding agency established pursuant to 2 C.F.R 200. PROVISIONS FOR SALMON RECOVERY FUNDING BOARD PROJECTS For habitat restoration projects funded in part or whole with federal funds administered by the SRFB the Sponsor shall not commence with clearing of riparian trees or in -water work unless either the Sponsor has complied with 50 C.F.R. § 223.203 (b)(8) (2000), limit 8 or until an Endangered Species Act consultation is finalized in writing by the National Oceanic and Atmospheric Administration. Violation of this requirement may be grounds for terminating this Agreement. This section shall not be the basis for any enforcement responsibility by RCO. ORDER OF PRECEDENCE This Agreement is entered into, pursuant to, and under the authority granted by applicable federal and state laws. The provisions of the Agreement shall be construed to conform to those laws. In the event of a direct and irreconcilable conflict between the terms of this Agreement and any applicable statute, rule, or policy or procedure, the conflict shall be resolved by giving precedence in the following order: A. Federal law and binding executive orders; B. Code of federal regulations; C. Terms and conditions of a grant award to the state from the federal government; D. Federal grant program policies and procedures adopted by a federal agency that are required to be applied by federal law; E. State Constitution, RCW, and WAC; F. Agreement Terms and Conditions and Applicable Manuals; G. Applicable deed restrictions, and/or governing documents. LIMITATION OF AUTHORITY Only RCO's Director or RCO's delegate authorized in writing (delegation to be made prior to action) shall have the authority to alter, amend, modify, or waive any clause or condition of this Agreement; provided that any such alteration, amendment, modification, or waiver of any clause or condition of this Agreement is not effective or binding unless made as a written amendment to this Agreement and signed by the RCO Director or delegate. WAIVER OF DEFAULT Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver or breach of any provision of the Agreement shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the Agreement unless stated to be such in writing, signed by the director, or the director's designee, and attached as an amendment to the original Agreement. APPLICATION REPRESENTATIONS — MISREPRESENTATIONS OR INACCURACY OR BREACH The Funding Entity (if different from RCO) and RCO rely on the Sponsor's application in making its determinations as to eligibility for, selection for, and scope of, funding grants. Any misrepresentation, error or inaccuracy in any part of the 36 RCO: 22-1047 Revision Date: 9/15/2022 Page 20 of 23 application may be deemed a breach of this Agreement. SPECIFIC PERFORMANCE RCO may, at it's discretion, enforce this Agreement by the remedy of specific performance, which means Sponsors' completion of the project and/or its completion of long-term obligations as described in this Agreement. However, the remedy of specific performance shall not be the sole or exclusive remedy available to RCO. No remedy available to the RCO shall be deemed exclusive. The RCO may elect to exercise any, a combination of, or all of the remedies available to it under this Agreement, or under any provision of law, common law, or equity, including but not limited to seeking full or partial repayment of the grant amount paid and damages. TERMINATION AND SUSPENSION The RCO requires strict -compliance by the Sponsor with all the terms of this Agreement including, but not limited to, the requirements of the applicable statutes, rules, and RCO policies, and with the representations of the Sponsor in its application for a grant as finally approved by RCO. For federal awards, notification of termination will comply with 2 C.F.R. § 200 (as updated). A. For Cause. 1) The RCO director may suspend or terminate the obligation to provide funding to the Sponsor under this Agreement: a) If the Sponsor breaches any of the Sponsor's obligations under this Agreement; b) If the Sponsor fails to make progress satisfactory to the RCO director toward completion of the project by the completion date set out in this Agreement. Included in progress is adherence to milestones and other defined deadlines; or c) If the primary and secondary Sponsor(s) cannot mutually agree on the process and actions needed to implement the project; 2) Prior to termination, the RCO shall notify the Sponsor in writing of the opportunity to cure. If corrective action is not taken within 30 days or such other time period that the director approves in writing, the Agreement may be terminated. In the event of termination, the Sponsor shall be liable for damages or other relief as authorized by law and/or this Agreement. 3) RCO reserves the right to suspend all or part of the Agreement, withhold further payments, or prohibit the Sponsor from incurring additional obligations of funds during the investigation of any alleged breach and pending corrective action by the Sponsor, or a decision by the RCO to terminate the Contract. B. For Convenience. Except as otherwise provided in this Agreement, RCO may, by ten (10) days written notice, beginning on the second day after the mailing, terminate this Agreement, in whole or in part when it is in the best interest of the state. If this Agreement is so terminated, RCO shall be liable only for payment required under the terms of this Agreement prior to the effective date of termination. A claimed termination for cause shall be deemed to be a "Termination for Convenience" if it is determined that: 1) The Sponsor was not in default; or 2) Failure to perform was outside Sponsor's control, fault or negligence. C. Rights and Remedies of the RCO. 1) The rights and remedies of RCO provided in this Agreement are not exclusive and are in addition to any other rights and remedies provided by law. 2) In the event this Agreement is terminated by the director, after any portion of the grant amount has been paid to the Sponsor under this Agreement due to Sponsor's breach of the Agreement or other violation of law, the director may require that any amount paid be repaid to RCO for redeposit into the account from which the funds were derived. However, any repayment shall be limited to the extent repayment would be inequitable and represent a manifest injustice in circumstances where the project will fulfill its fundamental purpose for substantially the entire period of performance and of long-term obligation. D. Non Availability of Funds. The obligation of the RCO to make payments is contingent on the availability of state and federal funds through legislative appropriation and state allotment. If amounts sufficient to fund the grant made under this Agreement are not appropriated to RCO for expenditure for this Agreement in any biennial fiscal period, RCO shall not be obligated to pay any remaining unpaid portion of this grant unless and until the necessary action by the Legislature or the Office of Financial Management occurs. If RCO participation is suspended under this section f a RCO: 22-1047 Revision Date: 9/15/2022 Page 21 of 23 continuous period of one year, RCO's obligation to provide any future funding under this Agreement shall terminate. Termination of the Agreement under this section is not subject to appeal by the Sponsor. 1) Suspension: The obligation of the RCO to manage contract terms and make payments is contingent upon the state appropriating state and federal funding each biennium. In the event the state is unable to appropriate such funds by the first day of each new biennium RCO reserves the right to suspend the Agreement, with ten (10) days written notice, until such time funds are appropriated. Suspension will mean all work related to the contract must cease until such time funds are obligated to RCO and the RCO provides notice to continue work. 2) No Waiver. The failure or neglect of RCO to require strict compliance with any term of this Agreement or to pursue a remedy provided by this Agreement or by law shall not act as or be construed as a waiver of any right to fully enforce all rights and obligations set forth in this Agreement and in applicable state or federal law and regulations. DISPUTE HEARING Except as may otherwise be provided in this Agreement , when a dispute arises between the Sponsor and the RCO, which cannot be resolved, either party may request a dispute hearing according to the process set out in this section. Either party's request for a dispute hearing must be in writing and clearly state: A. The disputed issues; B. The relative positions of the parties; C. The Sponsor's name, address, project title, and the assigned project number. In order for this section to apply to the resolution of any specific dispute or disputes, the other party must agree in writing that the procedure under this section shall be used to resolve those specific issues. The dispute shall be heard by a panel of three persons consisting of one person chosen by the Sponsor, one person chosen by the director, and a third person chosen by the two persons initially appointed. If a third person cannot be agreed on, the persons chosen by the Sponsor and director shall be dismissed and an alternate person chosen by the Sponsor, and one by the director shall be appointed and they shall agree on a third person. This process shall be repeated until a three person panel is established. Any hearing under this section shall be informal, with the specific processes to be determined by the disputes panel according to the nature and complexity of the issues involved. The process may be solely based on written material if the parties so agree. The disputes panel shall be governed by the provisions of this Agreement in deciding the disputes. The parties shall be bound by the majority decision of the dispute panelists, unless the remedy directed by that panel is beyond the authority of either or both parties to perform, as necessary, or is otherwise unlawful. Request for a disputes hearing under this section by either party shall be delivered or mailed to the other party. The request shall be delivered or mailed within thirty (30) days of the date the requesting party has received notice of the action or position of the other party which it wishes to dispute. The written agreement to use the process under this section for resolution of those issues shall be delivered or mailed by the receiving party to the requesting party within thirty (30) days of receipt by the receiving party of the request. All costs associated with the implementation of this process shall be shared equally by the parties. ATTORNEYS' FEES In the event of litigation or other action brought to enforce contract terms, each party agrees to bear its own costs and attorneys' fees. GOVERNING LAWNENUE This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington. In the event of a lawsuit involving this Agreement, venue shall be in Thurston County Superior Court if legally proper; otherwise venue shall be in the Superior Court of a county where the project is situated, if venue there is legally proper, and if not, in a county where venue is legally proper. The Sponsor, by execution of this Agreement acknowledges the jurisdiction of the courts of the State of Washington and agrees to venue as set forth above. SEVERABILITY The provisions of this Agreement are intended to be severable. If any term or provision is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the Agreement. 38 RCO: 22-1047 Revision Date: 9/15/2022 Page 22 of 23 END OF STANDARD TERMS AND CONDITIONS This is the end of the Standard Terms and Conditions of the Agreement. 39 RCO: 22-1047 Revision Date: 9/15/2022 Page 23 of 23 40 City of Tukwila Allan Ekberg, Mayor Public Works Department - Hari Ponnekanti, Director/City Engineer INFORMATIONAL MEMORANDUM TO: Transportation & Infrastructure Services Committee FROM: Hari Ponnekanti, Public Works Director/City Engineer BY: Brittany Robinson, Public Works Grant Analyst CC: Mayor Allan Ekberg DATE: January 13, 2023 SUBJECT: Strander Blvd Extension Phase 3 Project Project No. 98610403 RAISE Grant Application ISSUE Discussion regarding a Tukwila application submittal to the Rebuilding American Infrastructure with Sustainability & Equity (RAISE) grant program for the Strander Blvd Extension Phase 3 Project. BACKGROUND Conversations on the Strander Boulevard Extension started in the 1980s. The City of Renton had the lead at that time and completed Phases 1 and 2 of the project. The City of Tukwila was the lead on Phase 3. The purpose of the project was to meet growth management concurrency standards, and to move 22,500 vehicles per day off South 180th Street, Grady Way and 1- 405. The project was planned to complete the last 1,500 feet of an east -west connection by constructing a safe crossing of a key regional railroad line. On February 16, 2016, Council approved BergerABAM to begin preliminary design of the Strander Blvd Extensions Phase 3 project. During the preliminary engineering phase, the project became more complicated due to unforeseen circumstances and the cost estimate increased. WSDOT (Washington State Department of Transportation) and the Transportation Improvement Board (TIB) recommended that a Value Engineering Study (VE) be performed for the project to either find cost savings that could be incorporated into the design or validate the current design as the most cost-efficient option. In 2019, design was stopped at 30% in order to conduct the VE Study. BergerABAM (now part of WSP) was selected as the City' s consultant. Project stakeholders —the State legislature and funding authorities at the state, as well as the City of Renton —have expressed continued support for the project. Based on information provided in the VE study, the total project costs increased from $39,102,000 to $83,781,626, more than double the original estimate. At the June 10, 2019, Committee of the Whole meeting, three options were presented for Council to consider: Option 1: Continue with the current design of a 4- lane road. $ 5 to $ 10 million potential cost savings identified by VE Study. Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov 41 Info Memo, Page 2 Option 2: Incorporate value engineering proposals of a 2- lane road with no seal, if possible, and continue design. This option would eliminate walls on one side of the structure. 10 to $ 25 million potential cost savings identified. Option 2 is the recommendation of City Administration. Option 3. Stop work. Return grant funding and reimburse federal funds spent to date. Based on the significant cost increase and lack of funding to complete the project, Council chose Option No. 3: stop work and reimburse the $2 million in federal grant funds spent to date. DISCUSSION On December 14, 2022, the United State Department of Transportation (USDOT) opened their call for project for RAISE grant funding. The RAISE program is a federal funding source that supports road, rail, transit, and port infrastructure projects that have local and regional impacts. The deadline to apply for funding is February 28, 2023. There are numerous concerns regarding an application for the Strander Blvd Project: 1. The City has applied for RAISE funding eight times since 2010 for the Strander Blvd project. To date, we have not been successful in procuring these funds. Multiple applications were submitted when we had leverage from other funding and community. partners. The number of times our applications have been declined suggests that this is not a competitive project. 2. The RAISE grant match requirements have changed, and the City match requirement will be 20%, or $4 million. 3. Since the project was placed on hold in 2019, design data and cost estimates are outdated. The total cost of the project is likely to exceed out current estimates. FINANCIAL IMPACT The project cost for design and Right of Way will be approximately $20 million. The RAISE grant will fund up to 80% of a project, or up to $16 million for the design and Right of Way. The City match portion would be $4 million. No budget has been allocated for this match in the 2023-2025 biennium. RECOMMENDATION Public Works seeks Council direction on the Rebuilding American Infrastructure with Sustainability & Equity (RAISE) grant submission for the Strander Blvd Extension Phase 3. ATTACHMENT: 2022 CIP Revision 2019 CIP, Page 10 2017 CIP, Page 13 COW 2019-06-10 Item 5D - Revised Design for Strander Boulevard Extension Phase III 2019-06-10 Committee of the Whole Minutes Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov 42 PROJECT: DESCRIPTION: JUSTIFICATION: STATUS: MAINT. IMPACT: COMMENT: CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2023 to 2028 Strander Blvd Extension Phase 3 Project No. 98610403 Design and construct arterial improvements for a new roadway extending Strander Blvd/SW 27th St from West Valley Highway to Naches Ave SW in the City of Renton. East/west capacity between 1-405 and S 180 St is needed to serve Tukwila and Renton access. Project segregated into three phases. Phase I extended Strander Blvd/SW 27th St from Oakesdale Ave to Naches Ave SW. Phase II constructed a 2 lane road from Naches to the Sounder Train's Tukwila Longacres Station's parking lot. Paid Renton $1m for Phase 1 & II. Phase III will construct the undercrossing of the UPRR and complete the 4 lane roadway from West Valley Hwy in Tukwila to Naches Ave SW in Renton. New street. Project partners include the City of Renton, Boeing, WSDOT, FMSIB, Sound Transit, Metro, Amtrak, and BNSF and UP Railroads. The RAISE grant was submitted in 2022 to complete design and right of way. FINANCIAL (in $000's) Through Estimated 2021 2022 2023 2024 2025 2026 2027 2028 BEYOND TOTAL EXPENSES Project Location w�s+ss s,\\am �i\t`../airt........ i %or � Design 2,830 7,500 7,500 S tel] St11 V,.\Tukwila rid .m Paw,/ rligi 17,830 Grant Repayment 622 ww g gip ,T, YT/Itnkler Blvtl r,ge.4,09 r 622 Land (R/W) 104 •-itilopiand o, 2,000 NV �rue�c D� gsr 2,104 Wetland Mitigation $ I stso st 0 Const. Mgmt. _ 2,000 2,500 2,500 2,500 9,500 Construction gig 28,000 28,000 28,000 84,000 TOTAL EXPENSES 3,556 0 7,500 7,500 4,000 30,500 2,500 2,500 0 114,056 FUND SOURCES STP Grant 0 Fastlane Grant 0 FMSIB Grant 0 Proposed Federal Grant 6,000 6,000 1,600 15,000 15,000 15,000 58,600 Proposed State/Federal 9,400 9,400 9,400 28,200 Sound Transit 227 227 City Oper. Revenue 3,329 0 1,500 1,500 2,400 6,100 6,100 6,100 27,029 TOTAL SOURCES 3,556 0 7,500 7,500 4,000 30,500 30,500 30,500 0 114,056 2023 - 2028 Capital Improvement Program 43 Project Location w�s+ss s,\\am �i\t`../airt........ i %or � :,SBS[ S tel] St11 V,.\Tukwila rid .m Paw,/ rligi ww g gip ,T, YT/Itnkler Blvtl r,ge.4,09 r •-itilopiand o, NV �rue�c D� gsr i $ I stso st _ I id "mac, gig 2023 - 2028 Capital Improvement Program 43 PROJECT: DESCRIPTION: CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2019 to 2024 Strander Blvd Extension Phase 3 Project No. 98610403 Design and construct arterial improvements for a new roadway extending Strander Blvd/SW 27th St from West Valley Highway to Naches Ave SW in the City of Renton. JUSTIFICATION: East/west capacity between 1-405 and S 180 St is needed to serve Tukwila and Renton access. Project segregated into three phases. Phase I extended Stander Blvd/SW 27th St from Oaksdale Ave to STATUS: Naches Ave SW. Phase 11 constructed a 2 lane road from Naches to the Sounder Train's Tukwila Longacres Station's parking lot. Paid Renton $1m for Phase 1 & 11. Phase III will construct the undercrossing of the UPRR and complete the 4 lane roadway from West Valley Hwy in Tukwila to Naches Ave SW in Renton. MAINT. IMPACT: COMMENT: New street. Project partners include the City of Renton, Boeing, WSDOT, FMSIB, Sound Transit, Metro, Amtrak, and BNSF and UP Railroads. Funds in 2015-16 are for updated cost estimates and grant applications. STP (PSRC), FAST Lane, and TIGER grants were submitted in 2016. FINANCIAL Through Estimated (in $000's) 2017 2018 2019 2020 2021 2022 2023 2024 BEYOND TOTAL EXPENSES fr so Project Location - , 1se 5156 sr St W - J,#• ♦=s 1 [ Design 359 3,269 2,000 SI ■-711 i, 1 II�V1I�� �II ' p1. I' 18 5,628 Land (R/W) 104 1,720 1! ' �a �.nink er Blvd Ewa r.�K ilk W z P. 1 �� 1,824 Wetland Mitigation 50 500 naiana 550 Const. Mgmt. A Or 2,000 2,000 4,000 Construction 35,889 35,889 7 44 I 71,778 TOTAL EXPENSES 463 3,319 3,720 38,389 37,889 0 0 0 0 83,780 FUND SOURCES Awarded STP Grant 1,946 3,200 5,146 Proposed STP Grant 4,760 4,760 Awarded Fastlane Grant 2,500 2,500 5,000 Awarded FMSIB Grant 2,500 2,500 5,000 Proposed BUILD America Grant 25,000 25,000 Proposed State TIB Grant 12,000 12,000 Proposed State/Federal Grant 8,389 16,129 24,518 City Oper. Revenue 463 1,373 520 0 0 0 0 0 2,356 TOTAL SOURCES 463 3,319 3,720 38,389 37,889 0 0 0 0 83,780 2019 - 2024 Capital Improvement Program 10 44 fr so Project Location - , 1se 5156 sr St W - J,#• ♦=s 1 [ $160 SI ■-711 i, 1 II�V1I�� �II ' p1. I' 18 l I � - �� 1! ' �a �.nink er Blvd Ewa r.�K ilk W z P. 1 �� l $ s.o naiana A Or S ISO S1 7 44 I gla 2019 - 2024 Capital Improvement Program 10 44 PROJECT: DESCRIPTION: JUSTIFICATION: STATUS: MAI NT. IMPACT: COMMENT: CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2017 to 2022 Strander Blvd Extension Phase 3 Project No. 98610403 Design and construct arterial improvements for a new roadway extending Strander Blvd/SW 27th St from West Valley Highway to Oaksdale Ave in the City of Renton. East/west capacity between 1-405 and S 180 St is needed to serve Tukwila and Renton access. Project segregated into three phases. Phase I extended Stander Blvd/SW 27th St from Oaksdale Ave to Naches Ave SW. Phase 11 constructed a 2 lane road from Naches to the Sounder Train's Tukwila Longacres Station's parking lot. Paid Renton $1m for Phase 1 & II. Phase III will construct the undercrossing of the UPRR and complete the 4 lane roadway from West Valley Hwy in Tukwila to Naches Ave SW in Renton. New street. Project partners include the City of Renton, Boeing, WSDOT, FMSIB, Sound Transit, Metro, Amtrak, and BNSF and UP Railroads. Funds in 2015-16 are for updated cost estimates and grant applications. STP (PSRC), FAST Lane, and TIGER grants were submitted in 2016. FINANCIAL (in $000's) Through Estimated 2015 2016 2017 2018 2019 2020 2021 2022 BEYOND TOTAL EXPENSES �MIA.4 Project Location 6,Se sie g,ss$r'11 St . , Design 58 440 2,500 2,000 'Minw'aha 4,998 Land (R/W) 104 450 1,000 �• - I% al S uwane or nmadwnn . Trllany Or 1,554 Wetland Mitigation 50 500 -44 550 Const. Mgmt. 2,800 2,000 4,800 Construction 15,000 12,200 27,200 TOTAL EXPENSES 162 440 3,000 3,000 18,300 14,200 0 0 0 39,102 FUND SOURCES Awarded STP Grant 2,551 2,595 5,146 Proposed TIGER Grant 7,900 5,894 13,794 Proposed State TIB Grant 2,500 2,500 5,000 Proposed FMSIB Grant 2,500 2,500 5,000 Proposed STP Grant 5,000 3,000 8,000 City Oper. Revenue 162 440 449 405 400 306 0 0 0 2,162 TOTAL SOURCES 162 440 3,000 3,000 18,300 14,200 0 0 0 39,102 2017 - 2022 Capital Improvement Program 13 45 �MIA.4 Project Location 6,Se sie g,ss$r'11 St . , ! .! if 4 al 'Minw'aha �• - I% al S uwane or nmadwnn . Trllany Or -44 2017 - 2022 Capital Improvement Program 13 45 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's re ew Council review 06/10/19 HP 4R\A- ITEM INFORMATION ITEM No. 5.D. 4b STAFF SPONSOR: HARI PONNEKANTI ORIGINAL AGENDA DATE: 06/10/19 AGENDA ITEM TITLE Strander Boulevard Extension Phase 3 Discussion on Value Engineering Results CATEGORY /1 Discussion 06/10/19 ❑ Motion Mtg Date ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date Mtg Date SPONSOR ❑Council ❑Mayor ❑HR ❑DCD ❑Finan •e Fire TS ❑P&R Court Police I PW SPONSOR'S The City conducted a Value Engineering study for the Strander Boulevard Phase 3 Project. SUMMARY Three options were identified; Option 1: Continue with the four -lane road, Option 2: Change to a two-lane road (adding a Phase 4 for a four -lane road later), Option 3: Stop work and return federal grant funds. Administration asks Council to give consensus for Option 2 (two-lane road) and work with the appropriate granting agencies to extend time requirements or relinquish funds and reapply. RI?VII?WED BY ❑ C.O.W. Mtg. ❑ CDN Comm ❑ Finance Comm. ❑ Public Safety Comm. ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. COMMITTEE CHAIR: KATE KRULLER FOR ZAK IDAN A Trans &Infrastructure DATE: 06/04/19 RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE Public Works Department Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $ $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 06/10/19 MTG. DATE ATTACHMENTS 06/10/19 Informational Memorandum dated 05/31/19 (revised after 6/4/19 T.I.C.) Design Consultant's Value Engineering Options Power Point Presentation Minutes from the Transportation & Infrastructure Committee meeting of 06/04/19 4b City of Tukwila Allan Ekberg, Mayor Public Works Department - Henry Hash, Director INFORMATIONAL MEMORANDUM TO: Transportation and Infrastructure Committee FROM: Henry Hash, Public Works Director BY: Hari Ponnekanti, Deputy Director/City Engineer CC: Mayor Ekberg DATE: May 31, 2019 (revised after 6/4/19 T.I.C) SUBJECT: Strander Boulevard Extension Phase 3 Project No. 98610403 Discussion on Value Engineering Results ISSUE Presentation and discussion on the Strander Blvd Extension Project Phase 3 Project. BACKGROUND The City of Renton completed Phase 1 of the Strander Boulevard/SW 27th Street (Oakesdale Avenue to Naches Avenue) in 2008 and Phase 2 (Naches Avenue to the new Tukwila Station/Sounder Commuter Rail Station parking lot, between BNSF and UPRR) in 2014. Phase 3 is being led by the City of Tukwila. In 2016, Tukwila received Federal grant funding for the preliminary engineering and right-of-way phases and is proceeding with the design process as part of the preliminary engineering phase (the project design started last year and is currently at 30%), Due to the increased complexity of the project and projected increased costs from original estimates, WSDOT and TIB recommended that a Value Engineering Study (VE) be performed for the Strander Blvd Phase 3 Project, to either find cost savings which could be incorporated into the design or validate the current design as the most cost- efficient option. City administration and City staff have met with various legislators and funding agencies listed below: • Vice Chair of the House Transportation Committee - Representative Jake Fey • Member of Senate Transportation Committee - Senator Curtis King • Washington State Department of Transportation (WSDOT) Secretary - Roger Millar • WSDOT Northwest Region Local Programs Engineer - Mehrdad Moini • WSDOT Local Programs Director - Kathleen Davis • Washington State Freight Mobility Strategic Investment Board (FMSIB) Director - Brian Ziegler • Washington State Transportation Improvement Board (TIB) Director—Ashley Probart Staff has also had conversations with our state and federal lobbyists regarding the best strategy for the state and federal funding awards. DISCUSSION Earlier this year, the City conducted a VE study after awarding a contract to MENG Analysis to perform the work. Three options were ultimately identified for the City to consider which are detailed in the attached presentation. Option No. 1: Continue with current design of 4 -lane road ($5 - $10M potential cost savings from VE study) Option No. 2: Incorporate full VE proposals of 2 -lane road, no seal, if possible, and continue design ($10 - $25M potential cost savings). This option is recommended by the Administration since it will meet the original scope of the project which was a new regional east -west arterial in this area. Option No. 3: Stop Work. Return grant funding, reimburse approximately $2 million of federal funds spent to date. W:\PW Eng \PROJECTS\A- RW & RS Projects\Strander Extension (98610403)\VE Study\20190604 Info Memo on VE Presentation.docx 47 Page 2 Strander Blvd Phase 3 Value Engineering Results May 31, 2019 Project and Funding Timeline Dates City Council Actions/Updates Funding/Grants Project Milestones 2012 City Adopts Financial Planning Model and Capital Improvement Program (CIP) lists Strander Blvd/SW 27th St Extension with costs in Beyond years No specific funding identified • $3.9 million for construction. Must be used by 2030 or repay funds • $1.2 million for ROW, must be obligated by 12/31/2019 2013 CIP adopted without major changes from 2012 No specific funding identified Must be obligated for Construction by September 2019 2014 Adopted CIP includes $20,000 for professional services to apply for Federal TIGER grant and FMSIB • TIGER grant not awarded Phase 2 — SW 27th St. Extension completed by Renton 2015 Adopted CIP included proposed grants from TIGER, FMSIB, and STP • TIGER grant not awarded 2016 Council adopts state and federal legislative priorities with a focus on securing funds for Stander Blvd • TIGER grant not awarded • STP (PSRC) grant $5.1M for design • Federal FASTLANE grant awarded $5 million 2017 Adopted CIP estimates costs of $39 million and identifies several sources of funding: • City operating funds: $2 million • Awarded STP grant: $5.1 M • State FMSIB Reconfirmed & Awarded $5M • State Discretionary grant awarded $500,000 , BUILD grant (formerly TIGER) not awarded City award design contract to Berger/ABAM 2018 Council adopts state and federal legislative priorities with a continued focus on Strander and renewed focus on securing Statewide funding as part of a possible Transportation package. Council adopts contract for Value Engineering study to be completed in 1St Quarter 2019 • BUILD grant not awarded City Council briefed on increased estimated project costs due to complexity City contracts for utility coordination City staff begin meeting with state elected and department representatives. Revised & significantly higher cost estimate from 30% design resulted in requiring a Value Engineering (VE) study to be completed by funding partners 2019 Adopted CIP lists estimated project costs of $83.78 million Perform Value Engineering (VE) study and prepare reports City Council briefed on VE results Current Funding and Grant obligations Grant Awarded Amount Restrictions STP (PSRC) 2016 $5.1 million • $3.9 million for construction. Must be used by 2030 or repay funds • $1.2 million for ROW, must be obligated by 12/31/2019 Federal FASTLANE 2016 $5 million Must be obligated for Construction by September 2019 FMSIB 2017 (reconfirmed) $5 million Must be obligated for Construction by January 2020 WA State Discretionary Funds 2017 $500,000 W:\PW Eng \PROJECTS\A- RW & RS Projects\Strander Extension (98610403)\VE Study\20190604 Info Memo on VE Presentation.docx 48 Page 3 Strander Blvd Phase 3 Value Engineering Results May 31, 2019 If funds are not obligated by the dates mentioned above, they will need to be returned to the funding agency and then can be reapplied for in the future. Based upon our conversations internally, in discussions with our funding partners and with our state and federal lobbyists, City Administration and Staff are suggesting that we notify the appropriate agency and relinquish the funding awards for FASTLANE, STP ROW, and FMSIB. This will help with building support when the City eventually applies for future funds. Possible next steps June 2019 — Council Briefed on Value Engineering results and provide direction on preferred design alternative 2019-2020 — Design alternative is completed 2019-2022 — Secure significant statewide funding for new design 2020-2023 — Reapply for federal and State grants and secure other regional partner funding FINANCIAL IMPACT The financial impact varies depending on the direction taken on the project. Option 2 (2 lane road) with $10 - $25M potential costs savings is recommended by the administration. The potential funding path forward for Option 2: Phase 3 Funding PE ROW Construction Total Notes SECURED City of Tukwila State Funding STP (PSRC) 1) TRY TIME EXTENSION 2) RETURN & REAPPLY FASTLANE FMSIB STP (PSRC) POTENTIAL FUNDING SOURCES State Legislative Funding Transportation Impv Board Additional PSRC (STP) Sound Transit $607,500 $3,892,500 $195,750 $276,166 $1,254,250 $1,196,750 $223,834 $5,000,000 $5,000,000 $0 $2,000,000 $500,000 $3,892,500 $5,000,000 $5,000,000 $1,254,250 Secured Secured Secured Try Extension or Return & Reapply Return and reapply Return and reapply Return and reapply $20,000,000 $20,000,000 Potential $7,000,000 $7,000,000 Potential $5,000,000 $5,000,000 Potential $5,000,000 $5,000,000 Potential OTHER FUNDING SOURCES City of Renton Additional City of Tukwila UPRR BNSF BUILD Grant (formerly TIGER) $4,000,000 $4,000,000 $0 $0 $0 $4,000,000 $4,000,000 $0 $0 $0 Possible Possible Potential Funding $4,500,000 $1,726,166 $56,420,584 $62,646,750 Phase 3 Costs $4,500,000 $1,720,166 $55,000,000 $61,220,166 2 -Lane concept Cost W:\PW Eng \PROJECTS\A- RW & RS Projects\Strander Extension (98610403)\VE Study\20190604 Info Memo on VE Presentation.docx 49 Page 4 Strander Blvd Phase 3 Value Engineering Results May 31, 2019 RECOMMENDATION The City Administration is seeking Council consensus for a path to move forward with Option 2 (two-lane road). Based upon discussions with funding partners and with state and federal lobbyists, City Administration and Staff recommend that the City notify the appropriate agency, request a time extension, and if not possible, relinquish the funding awards for FASTLANE, STP ROW, and FMSIB and reapply at the appropriate time. ATTACHMENTS Design Consultant's VE options power point presentation W:\PW Eng \ PROJECTS \A- RW 8, RS Projects\Strander Extension (98610403)\VE Study\20190604 Info Memo on VE Presentation.docx 50 Strander BoulevarcWatension Project Update/Value En June 2019 qt • .1..7* r , . ij R ;;Rf fr .17 • . . 1111.1." C Strander Boulevard Exte, • „Or.,? ..!1‘ Agenda • Purpose of Meeting • Project Purpose & Need • Project Background • Current Project Funding Status • Recommendations • Options • Questions? Strander Boulevard Extension 52 Purpose of Meeting 11 • Update on Project Status and Value Engineering (VE) Study • Seek Council Consensus for Recommended Path Forward Strander Boulevard Extension 53 Project Purpose & Need —Quality of life NNSI) Completes the last 1,500 feet of an east -west connection in the Green River Valley that currently does not exist today by constructing a safe crossing of a key regional railroad line. • Improves Freight Mobility in the Green River Valley • Reduces Traffic Congestion for Commuters • Improves Connectivity to large employment centers • Improves Access to a Regional Urban Center • Reduces Air and Noise Pollution Strander Boulevard Extension 54 Project Purpose & Need —Accommodates Growth NN S I 1 • Facilitates the Cities Ability to Meet Growth Management Concurrency Standards. • Moves 22,500 vehicles per day, including 1,800 trucks, off of existing South 180th, Grady Way and 1-405. • Provides Level of Service (LOS) "E" on South 180th and Grady Way • Provides $65M in Travel Time Economic Benefits (2022 to 2052) Strander Boulevard Extension 55 Project Background (Current 4 -Lane Layout) IASI) Strander Boulevard Extension 56 Major Utility Conflicts NNS ) J 4-- 76 Gas Station Sound Transit t a — Wendy's Kaiser • - y i 10 Taco Bell; City of Tukwila Existing Utilities • Olympic Pipeline • 60" SPU Water • 36' Sanitary Sewer • Sprint/Level 3/AT&T Strander Boulevard Extension 57 Groundwater Management Issues IASI) City of Tukwila 58 Strander Boulevard Extension Groundwater Management Issues IASI) Strander Boulevard Extension 59 Watertight Underpass Terminology Soil &Water Pressures Boat Sides (Walls) NNS I ) Water Pressure Strander Boulevard Extension \\\'//'/ Boat Bottom (Bottom Seal) (Current 4 -Lane Layout) 60 Watertight Underpass Example IASI) South 180th Street City of Tukwila Project Cost — $22.4 Million Project Completion -June 2003 Roadway Width — 65 ft Project Length — 1107 ft In -Grade — 6% Out -Grade — 5% Strander Boulevard Extension Unsealed Underpass (Partially) Strander Boulevard Extension NNS I ) 62 Unsealed Underpass Example IASI) 63 Strander Boulevard Extension Current Project Funding Status PHASE 3 FUNDING PES ROW CONSTRUCTION TOTAL $2,000,000 $5,146,750 a NOTES Secured City of Tukwila $607,500 $195,750 $1,196,750 PSRC (STPUL) $3,892,500 $1,254,250 $- Secured (Obligate ROW by 11/19) FASTLANE $5,000,000 $5,000,000 Secured (Award Const. by 11/19) State Funding $270,166 $229,834 $500,000 Secured FMSIB $5,000,000 $5,000,000 Secured TIB $- $- State Legislative Funding $- $- $- 5 - City of Renton Additional City of Tukwila $- 5 - Additional PSRC (STP) $- $- Sound Transit $- $- Port of Seattle $- 5- UPRR $- $- BNSF Other Federal Grants (BUILD) 1 $- $- 5 - $- Subtotal Phase 3 Costs $4,500,000 $4,500,000 $1,720,166 $1,720,166 $10,229,834 $77,561,460 $17,646,000 $83,781,626 Current Estimate for Phase 3 64 Strander Boulevard Extension Current Project Funding Status \sI) $77.6 M CONSTRUCTION Construction Contracts Railroad Costs Contract Administration & Inspection aillillik, DESIGN & ENVIRONMENTAL DOCUMENTATION $4.50 M $1.72 M RIGHT-OF-WAY Contingencies Strander Boulevard Extension 65 Current Project Funding Status Railroad Contract Adminstration $2.8M Construction Contract Adminstration $4.0M Contingencies $13.0M UPRR Bridge $3.1 M BNSF Bridge Footings $1 M $12.1 M Roadway & Utilities $2.5M UPRR Shoofly /$2 M Sound Transit Bridge Vt's1 $23M walls seat $13.9M Strander Boulevard Extension 66 Cost Comparison to Similar Projects ■ 'INN! ) PROJECT CONSTRUCTION COST CONSTRUCTION YEAR 2019 WIDTH (ft) 85 LENGTH (ft) 1,500 South 180th Street Lincoln Avenue MLK Boulevard Strander Boulevard Extension $22.4 $21.6 $15.6 Inflation =3.0% 2003 $36 2012 $27 2014 $18 65 $47 50 $45 50 $31 1,107 $64 915 $74 915 ASO 67 VE Team Proposals TtNsi CITY OF TUKWILA STRANGER BOULEVARD EXTENSION - PHASE 3 VALUE ENGINEERING JANUARY 24T", 2019 Value Engineering Team: Enc Meng, CVS, Tears Leader Timothy Buckley. VMA, Assistant Team Leader Adam Wirthlin, Cost Jeff Pounce, Construction Kevin O'Brien, Environmental and Permitting Manuel Fefberli, Roadway Engineer Kevin Jeffers, Railroad Specialist Patrick Monternoulo, Structural Nate Wang, Drainage and Civil Sarah Parfap, VE Project Manager Andrea Vielrna, VE Project Coordinator Cam lsen, VE Project Coordinator MENG Analysis Strander Boulevard Extension V°tt'e Engineering ,En gine erin % /earn: Fac M ng CVS, TeamLeader Timot ender7imot yBucy, VMA, gssistar t Te orn a rthlin.Cost rn len derteff F C°nstructfnKevin &renEnvrrQn^nentnl and Permitting Fel.berti, Ronway Engineer Kevin RailroadS�CrglutPvMonternarto Structural Note Wong triWg Oratn©oecad Civil So'oh P ,4mVF Project rtntrSV QProjectCoordinator Cam VEPro1ectoordiaiorMENG Analysis 68 Recommendations IAN!) • Option No. 1: Continue With Current Design of 4 -Lane Road ($5M to $10M potential Cost Savings) • Option No. 2:Incorporate VE Proposals of 2 -Lane Road, No Seal, if Possible and Continue Design ($10 to $25M potential Cost Savings) — Recommendation by City Administration • Option No. 3: Stop Work (Return Grant Funding & Reimburse Federal Funds Spent to Date) Strander Boulevard Extension 69 Option 1 (Current 4 -Lane Layout) Ws I) 5ft to 2Oft Thick Concrete Sea Potential Cost Savings $5 to $10 Million Strander Boulevard Extension 70 miM Option 2 (2 -Lane Layout) • . . . • . . . . . . . • . • ...• . • . • . •.„ . . • . • • . • • ... ... • %. • ' • .. • . • • f • . °. Potential Cost Savings $15 to $25 Million Strander Boulevard Extension • • .• . . • • . . • • . . . • . . „ . .." . . . . . . . , . . . . . . . . . . . • - . . • . • • :. • -: . . • ° • . • • :. ..•. • . ....".• • .• • 71 Proposed Project Phasing t _ _-,, , 1 , ; . .• . . . 1 -,—.,-...,-, - '1 1 __ - 1 i 1 % - - PSE 1-,--, - , t 't -I 77' -, 1 Transit , I PSE r 1 „ _ I -I-- - - - -.- ._., ' 47,7 PHASE 3 Tact) kill UPRR 1,4 F. BNSF PHASE 4 St1:61/4 - J c^."7 tr."- • , , Sitio 4" 4 '11 Jack in the Box L City of Tu kwila _J BNSF C 1 PSE UPRR • • 1 7 111 fla Strander Boulevard Extension 72 VE Team Proposals —Third Party Impacts NNSI • Adjacent Property Owners • UP and BNSF Railroad • PSE • SPU • KING COUNTY Strander Boulevard Extension 73 Option 2 —Possible Funding Scenario Phase 3 Funding PE ROW Construction Total Notes SECURED City of Tukwila State Funding STP (PSRC) 1) TRY TIME EXTENSION 2) RETURN & REAPPLY FASTLANE FMSIB STP (PSRC) )OTENTIAL FUNDING SOURCES State Legislative Funding Transportation Impv Board Additional PSRC (STP) Sound Transit OTHER FUNDING SOURCES City of Renton Additional City of Tukwila UPRR BNSF BUILD Grant (formerly TIGER) Potential Funding Phase 3 Costs Strander Boulevard Extension $607,500 $3,892,500 $4,500,000 $4,500,000 $195,750 $276,166 $1,254,250 $1,726,166 $1,720,166 $1,196,750 $223,834 $5,000,000 $5,000,000 $0 $20,000,000 $7,000,000 $5,000,000 $5,000,000 $4,000,000 $4,000,000 $0 $0 $0 $56,420,584 $55,000,000 $2,000,000 $500,000 $3,892,500 $5,000,000 $5,000,000 $1,254,250 $20,000,000 $7,000,000 $5,000,000 $5,000,000 $4,000,000 $4,000,000 $0 $0 $0 $62,646,750 $61,220,166 Secured Secured Secured Try Extension or Return & Reapply Return and reapply Return and reapply Return and reapply Potential Potential Potential Potential Possible Possible 2 -Lane concept Cost IASI) 74 Phase 4 Differed Construction Costs NNSI) Current 4 -Lane Option Proposed 2 -Lane Option Cost Delta = $83.8 M $61.2 M $22.6 M Phase 4 is Expected to cost lot more in the future with additional costs such as inflation, traffic control, permitting and other costs Strander Boulevard Extension 75 Questions? Strander Boulevard Extension IAN I 76 Transportation & Infrastructure Committee Minutes June 4, 2019 that have grant funding prospects. This is a fluid document that can be modified as needed after the adoption. This update includes no new projects, but the West Valley Highway/Longacres Way Shared Use Pathways Project has been merged into the larger West Valley Highway Project. 40 -42nd Avenue South Phase III and 53rd Avenue South were deleted due to completion. TUC/TOD Pedestrian Improvements, Tukwila International Boulevard Retrofit, and Multipurpose Trails were moved beyond 2025. UNANIMOUS APPROVAL. FORWARD TO JUNE 10, 2019 COMMITTEE OF THE WHOLE. E. Strander Boulevard Value Engineering Results Staff updated the Committee on the Strander Boulevard Extension Phase 3 Project, which is *currently at 30% design. Due to the increasing complexity and cost estimates, WSDOT and TIB recommended a Value Engineering (VE) study. Three options were identified by the consultant: 1) continue with current design of four -lane road, 2) design a two-lane road, or 3) stop work completely and refund grant funds. The City has funding from the Surface Transportation Program (STP) via Puget Sound Regional Council, the Federal FASTLANE program, and the Washington State Freight Mobility Strategic Investment Board (FMSIB) that must be obligated or relinquished by varying deadlines. Staff recommends proceeding with the two-lane road design as determined by the VE consultant, and returning the unused funds to FASTLANE, STP, and FMSIB or apply fora time extension. Once the design alternative is chosen, the City will be positioned to reapply for grant funding. If the two-lane road option is chosen, the City of Renton expressed a desire to create a Phase 4, which would include adding the two remaining road lanes at a tater time. Committee members discussed the information. Councilmembers Kruller and Hougardy expressed support for Option 2, while Councilmember McLeod stated no recommendation at this time. FORWARD TO JUNE 10, 2019 COMMITTEE OF THE WHOLE. III. SCATBd/RTC Councilmember Hougardy attends SCATBd and RTC and reported on both at Council. IV. MISCELLANEOUS Thorndyke Neighborhood Staff distributed a list of capital investments in the Thorndyke neighborhood, totaling $13 million since 1989. Kate asked for clarification of how the nine neighborhoods were defined. Staff will provide the Committee members with a neighborhood map that was developed as part of the Cottage Housing ordinance. The neighborhood investment reports will be shared with the whole Council. Solid Waste Staff will be meeting with the Chamber of Commerce on Monday, June 10, 2019 to discuss the utility tax rate increase. An incremental increase will be proposed; Councilmembers emphasized the importance of messaging and ensuring that the City is actively listening to our residents. V. ANNOUNCEMENTS The Transportation & Infrastructure Committee Meeting adjourned 6:57 p.m. Committee Chair Approval Minutes by HK, Reviewed by GL 77 Tukwila City Council Committee of the Whole Meeting City Hall Council Chambers June 10, 2019 — 7:00 P.M. MINUTES COMMITTEE OF THE WHOLE CALL TO ORDER/PLEDGE OF ALLEGIANCE Council President Hougardy called the Tukwila City Council meeting to order at 7:00 p.m. and led the audience in the Pledge of Allegiance. OFFICIALS Present were Council President Hougardy; Councilmembers Dennis Robertson, Verna Seal, De'Sean Quinn, Kate Kruller, Thomas McLeod, Zak Idan. CITY OFFICIALS Allan Ekberg, Mayor; David Cline, City Administrator; Rachel Bianchi, Deputy City Administrator; Bruce Linton, Police Chief; Jay Wittwer, Fire Chief; Vicky Carlsen, Finance Director; Jack Pace, Community Development Director; Henry Hash, Public Works Director; Hari Ponnekanti, Deputy Public Works Director/City Engineer; Cyndy Knighton, Senior Program Manager; Lynn Miranda, Senior Planner; Jeff Friend, Fiscal Manager; Barbara Saxton, Administrative Support Coordinator, City Clerk's Office. SPECIAL PRESENTATIONS Update from David Foster, Lobbyist. Rachel Bianchi, Deputy City Administrator, introduced David Foster, the City's contract lobbyist for state lobbying. Mr. Foster utilized a PowerPoint presentation to provide an update with highlights from the 2019 Washington State Legislative session. Mr. Foster noted he previously provided Councilmembers with an end -of -session report. Democrats were in control of the House and Senate this year. The 105 -day session ended on time. This was a year of budgeting for the next biennium starting July 1, 2019, for the capital budget and for transportation. City priorities • Sales tax mitigation (aka funding for manufacturing and warehousing cities): This was fully funded in the two-year operating budget. Mr. Foster acknowledged efforts by Mayor Ekberg and Representative Pat Sullivan, who represents the Kent -Auburn -Covington area, on this issue. • SCORE (South Correction Entity): There will be a daily rate increase. • The number of Basic Law Enforcement Academy classes will increase from 10 to 19. Capital Budget projects Housing Trust Fund $175,000,000 (this is a statewide number). Potential funding opportunities in the 2020-2021 session. Early Learning Facilities (School District) $196,000 Health Point $1,000,000 Starfire Sports STEM $250,000 Tukwila Village Food Hall $400,000 78 Tukwila City Council Committee of the Whole Minutes June 10, 2019 Page 2 of 12 South 116th Street at $260,000 Green-Duwamish River in the WWRP Chinook Wind Public Access in the $157,000 Aquatic Lands Enhancement Account Transportation Budget • No funding for either Strander Boulevard or the Allentown Bridge. No new funds going into the operating budget for transportation funding. • A pilot project has been put forth related to the use of automated vehicle noise enforcement cameras in areas that have been designated by ordinance as "Stay Out of Areas of Racing." • A bill authorizing tolling on 1-405 from Tukwila to Lynnwood, as well as SR167 and SR509, was signed into law. Policy Bills • Cities and counties may use a credit against the state sales tax to help build affordable or supportive housing. This will potentially increase the amount of money going into homelessness and housing efforts. • Seniors and veterans property tax exemption, with the income threshold raised to reflect county median income. • Sales tax mitigation: Bills that would have created a manufacturing and warehousing job centers account to help mitigate losses through 2030 did not pass. Efforts will continue on this issue. • Bill that would have allowed the property tax to be increased based on population change and inflation did not pass. A new Speaker of the House will be elected in July. The 2020 legislative session will run January 13 through March 12, and is a 60 -day supplemental session. Mr. Foster stated they expect to see many of the same issue areas in 2020 as in 2019, including education funding, mental and behavioral health funding, and transportation. Funding in the transportation budget is more likely to occur in 2021. Councilmember Robertson asked if public disclosure was a hot issue for the legislature. Mr. Foster noted it is a hot issue in the media. The legislature is trying to find balance to allow the legislature to do its job without releasing all information in advance of a decision, while also letting the public know what is going on. Mr. Foster noted that since this will be a short session, there may be issues that would best be put forth collectively in partnership with the Association of Washington Cities (AWC) and similar organizations. PUBLIC COMMENTS Joe Duffie, 5332 South 140th Street, expressed appreciation for the two speed bumps that were installed on 53rd Avenue South. He asked about the spacing of the bumps on 53rd, as there were four speed bumps installed on 160th. He also asked if the City was responsible for any accidents caused by a speed bump. Mr. Duffie noted there was a bicycle training event at a Tukwila park over the weekend, and he expressed concern about cars backing up in the same area. He also noted there was a large crowd at the park on Saturday and the group had music playing very loudly. PUBLIC HEARING a. A resolution adopting the 2020-2025 Six -Year Transportation Improvement Program. 7:23 p.m. Council President Hougardy opened the public hearing. 79 Tukwila City Council Committee of the Whole Minutes June 10, 2019 Page 3 of 12 Cyndy Knighton, Senior Program Manager, provided an overview of this item. The State requires that all cities adopt a Six -Year Transportation Improvement Program (TIP) every year by July 1. This year's TIP is for 2020-2025. All projects in the TIP are transportation related and developed in concert with the City's Capital Improvement Program (CIP). Ms. Knighton noted that once the TIP is adopted, it can be modified. Page 15 in the agenda packet lists several projects that have been removed from the current TIP: • The West Valley Highway/Longacres Way Shared Use Pathways project has been merged into the larger West Valley Highway project. • The 40 -42nd Avenue South Phase III and 53rd Avenue South projects have been completed. • Three projects were deleted as they are projected to move beyond the current 6 -year time frame: TUC/TOD Pedestrian Improvements, Tukwila International Boulevard Retrofit, and Multipurpose Trails. In response to questions from Councilmembers relating to the Strander Boulevard/SW 27th Street project listed in the draft TIP, Ms. Knighton stated the total shown (approximately $80 million) is for the full project as it currently exists in the CIP—before any decisions are made relating to proposed options for this project. The costs are broken down as $3,720,000 in 2020, $38,389,000 in 2021, and $37,889,000 in 2022. 7:30 p.m. Council President Hougardy called for public comments. There were no public comments. 7:31 p.m. Council President Hougardy closed the public hearing. b. An ordinance to clarify the types of multi -family dwellings permitted in the Tukwila South Overlay Zone. 7:31 p.m. Council President Hougardy opened the public hearing. Lynn Miranda, Senior Planner, explained the ordinance would amend Table 18-6, "Land Uses Allowed by District," in the City's zoning code to clarify the types of multi -family dwellings permitted in the Tukwila South Overlay District. The area affected covers approximately 400 acres: South180th Street on the north to 204th Street on the south, and from the City limits at 1-5 on the west to the Green River on the east. The underlying zoning includes Heavy Industrial, Mixed -Use Office, Low Density Residential, and Tukwila Valley South. The Tukwila South Overlay (TSO) covers the entire area and supersedes the underlying zoning. A Master Plan prepared by Segale Properties in 2009 was adopted along with a Development Agreement between the City and Segale, which called for new development in a combination of campus style office and research environments with a mix of other supporting uses. A wide variety of low- to high-rise multi- family dwelling types were anticipated in the Plan, including a mix of townhouses and flats above retail uses. As shown in Table 18-6 (page 70 of the agenda packet), current zoning standards allow various types of multi -family units, senior housing and assisted living facilities in the TSO zone after a Residential Design Manual is adopted by ordinance. Segale Properties recently indicated an interest in developing townhouses in the TSO zone. To ensure consistency between envisioned uses in the Master Plan, an amendment to Table 18-6 will clarify that townhouses, duplexes, triplexes and fourplexes are allowed in the TSO zone after a Residential Design Manual is adopted, which is consistent with current requirements for other forms of multi -family housing in the TSO zone. The draft Residential Design Manual will come before the Council at a later date. Councilmember Idan asked whether this would affect any property owners other than Segale Properties. Ms. Miranda stated that Clarion also owns some property in that area. 80 Tukwila City Council Committee of the Whole Minutes June 10, 2019 Page 4 of 12 Councilmember Kruller asked whether this amendment will change the infrastructure already put in place. Ms. Miranda responded no. 7:37 p.m. Council President Hougardy called for public comments. Mike Pruett of Segale Properties stated he was available to answer any questions. Councilmember Quinn asked that he confirm the information presented by staff this evening is consistent with his understanding, and he responded in the affirmative. 7:40 p.m. Council President Hougardy closed the public hearing. SPECIAL ISSUES a. A resolution adopting the 2020-2025 Six -Year Transportation Improvement Program. Councilmember Idan stated that Councilmember Kruller sat in as Chair at the Transportation and Infrastructure Committee meeting on June 4, 2019. Ms. Kruller indicated the committee members forwarded this item with unanimous approval. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. b. An ordinance to clarify the types of multi -family dwellings permitted in the Tukwila South Overlay Zone. Councilmember Quinn indicated this item was discussed at the Community Development and Neighborhoods Committee meeting on April 23, 2019, and May 14, 2019. The item was added to those agendas under "Miscellaneous," at which time the Committee approved staff's request to forward the item to the Planning Commission. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. c. An ordinance extending the non-exclusive Franchise Agreement with Astound Broadband, LLC (dba Wave Broadband), for one year. Councilmember Idan stated that Councilmember Kruller sat in as Chair at the Transportation and Infrastructure Committee meeting on June 4, 2019. She indicated the committee members forwarded this item with unanimous approval. Cyndy Knighton, Senior Program Manager, stated the ordinance would extend the City's existing franchise agreement with Astound Broadband, LLC (dba Wave), which has been in existence for almost 5 years and will expire in August. The agreement contains a clause that allows for a one time, one-year extension to allow time for negotiation of a new agreement. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. d. Consensus on Strander Boulevard Extension Project. Councilmember Idan stated that Councilmember Kruller sat in as Chair at the Transportation and Infrastructure Committee meeting on June 4, 2019. She indicated two Committee members moved the item forward with a recommendation, and one member had no recommendation at that time. Henry Hash, Public Works Director, stated it has taken the City a great deal of effort to get to where we are today. Conversation on the Strander Boulevard Extension started in the 1980s. The City of Renton had the lead at that time and completed Phases 1 and 2 of the project. The City of Tukwila is the lead on Phase 3. The purpose of the project is to meet growth management concurrency standards, and to move 22,500 vehicles per day off of South 180th Street, Grady Way and 1-405. The project would complete the last 1,500 feet of an east -west connection by constructing a safe crossing of a key regional railroad line. 81 Tukwila City Council Committee of the Whole Minutes June 10, 2019 Page 5 of 12 Over the last year the City has started work on the design process as part of the preliminary engineering phase for a four -lane configuration. Due to the increased complexity of the project and projected increased estimates, WSDOT (Washington State Department of Transportation) and the Transportation Improvement Board (TIB) recommended that a Value Engineering Study (VE) be performed for the project to either find cost savings that could be incorporated into the design or validate the current design as the most cost-efficient option. Design was stopped at 30% in order to conduct the VE Study. BergerABAM (now part of WSP) was selected as the City's consultant. Project stakeholders—the State legislature and funding authorities at the state, as well as the City of Renton—have expressed continued support for the project. Staff is seeking consensus from the Council on the preferred option for moving forward. Bob Fernandez of WSP utilized a PowerPoint presentation to present the three project options identified for consideration. Project Purpose and Need — Quality of Life • Improves freight mobility in the Green River Valley • Reduces traffic congestion for commuters • Improves connectivity to large employment centers • Improves access to a regional urban center • Reduces air and noise pollution Project Purpose and Need — Accommodates Growth • Facilitates the City's ability to meet growth management concurrency standards • Moves 22,500 vehicles per day, including 1,800 trucks, off existing South 180th Street, Grady Way and 1-405 • Provides Level of Service (LOS) "E" on South 180th Street and Grady Way • Provides $65M in travel time economic benefits (2022 to 2052) Project Background Mr. Fernandez showed a map of the current 4 -lane layout (page 106 of the agenda packet) in which the colors depict the three project phases: Orange City of Renton, Phase 1 Red City of Renton, Phase 2 Blue City of Tukwila, Page 3 Challenges • Utility conflicts: Pipelines, PSE utility, water, sanitary sewer, and telecommunications. • Groundwater management: Proposal is to separate the groundwater from the storm water. If the underpass was made watertight, there would be very little groundwater beyond a continual flow that would be routed to the Green River along with any pond overflow. This would be a pipeline project and require some pump station modifications. Sludge can occur when groundwater is exposed to oxygen; making the underpass watertight will help alleviate future long-term maintenance issues. In response to questions from Councilmember Robertson, Mr. Fernandez explained that stormwater is run-off from the roadway, which is treated and discharged to the river. Groundwater is naturally occurring and never touches the roadway surface. With a cut in the ground to build the underpass, groundwater comes in through cuts and from below if walls are not built. The water needs to be collected in a separate system so that it is not co -mingled with stormwater. As groundwater comes in, it is never exposed such that it would be heated up; it is transferred through a pipe and would only mix with stormwater at the end of the pipe where it empties into the river. 7:56 p.m. Councilmember Kruller left the Council Chambers A cross-section from the proposed design is depicted on page 110 of the agenda packet. The ground would be improved to create a watertight seal on the bottom and walls would be built on the sides to limit the amount of groundwater coming in. The underpass on South 180th Street is an example of a similar watertight structure. 82 Tukwila City Council Committee of the Whole Minutes June 10, 2019 Page 6 of 12 The underpass for the Strander Boulevard project is currently partially sealed (as part of Phase 2). There is a naturally occurring condition whereby the layer of soil is fairly impermeable to the water coming up from the bottom. There has been a little more water than anticipated from the ground and the side slope, which is heavily lined with rock to prevent sliding. In this situation, the groundwater and stormwater mix in the pond and overflow into the wetland. 8:00 p.m. Councilmember Kruller returned to the Council Chambers. Current project funding status The chart below (page 114 of the agenda packet) shows a considerable shortfall between the $17,646,000 in potential funding and the $83,781,626 total estimated costs for Phase 3. Current Project Funding Status PHASE3;FUNDING PE ROW CONSTRUCTION TOTAL NOTES City of Tukwila PSRC (STPUL) FASTLANE State Funding FMS18 TIB State Legislative Funding City of Renton Additional City of Tukwila Additional PSRC (STP) Sound Transit Port of Seattle UPRR BNSF Other Federal Grants (BUILD) 5607,500 53,892,500 5195,750 51,254,250 5270,166 $1,196,750 5- 55,000,000 $229,834 $5,000,000 5- 5- 5- 5- 5- S- 5- 5- 5- S - 52,000,000 55,146,750 $5,000,000 5500,000 55,000,000 5- 5- 5- 5- 5- S- 5- 5- 5- 5 - Secured Secured (Obligate ROW by 11119) Secured (Award Const. by 11/19) Secured Secured Subtotal Phase 3 Costs Strander Boulevard Extension 54,500,000 54,500,000 $1,720,166 $1,720,166 510,229,834 577,561,460 517,646,000 583,781,626 Current Estimate for Phase 3 In response to a question from Councilmember Robertson, Mr. Fernandez stated that WSP is very confident in the estimated project cost. Contractors were consulted to review the project and estimates. Cost escalation and contingencies have been built in. He explained that because this is a complicated project, the number of qualified contractors is limited and bids would depend on what other projects are happening at the same time. The most expensive components of the project are the walls and seal (pie chart on page 116 of the agenda packet). There would also be costs associated with a considerable amount of temporary construction that is required on a project like this that does not get incorporated into the final project. The Value Engineering Study includes numerous proposals that have been analyzed by WSP for: (1) potential risk factors; (2) to determine which potential concepts cannot be combined as some are mutually exclusive; and (3) to incorporate the best ideas. The Council expressed interest in receiving a copy of the VE Study and/or the consultant's draft response to the report. 83 Tukwila City Council Committee of the Whole Minutes June 10, 2019 Page 7 of 12 Recommendations Option 1 Continue with the current design of a 4 -lane road. $5 to $10 million potential cost savings identified by VE Study. Option 2: Incorporate value engineering proposals of a 2 -lane road with no seal, if possible, and continue design. This option would eliminate walls on one side of the structure. $10 to $25 million potential cost savings identified. Option 2 is the recommendation of City Administration. Option 3. Stop work. Return grant funding and reimburse federal funds spent to date. Possible funding scenario (page 124 of the agenda packet) Phase 3 Funding PE ROW ConatrucIon Total Nobs SECURED City of Tukwia 1607.500 S195,750 11,196,750 12,000,000 Secured State Funding 1276,166 5223,834 5540.000 Secured STP(PSRC) 53,892,500 53,892,500 Secured 1) TRY TIME EXTENSION Try Extension or 2) RETURN & REAPPLY Retum & Reapply FASTLANE S5,000,000 15,000,000 Retum and reapply FMSIB 15,000,000 15,000,000 Retum and reappy STP (PSRC) 51254,250 SO 51,254,250 Retum and reapply POTENTIAL FUNDING SOURCES State Legislative Funding Transportation Impv Boani Additional PSRC (STP) Sound Transit 520,000,000 S7,000,000 15.000.000 15,000,000 520,000,000 Potential 57,000,000 Potential 15,000.000 Potential 15.000,000 Potential OTHER FUNDING SOURCES City of Renton 54,000 54.000,000 Possible Additional City of Tukw $4,000,0tk 54,000,000 Possible UPRR SO SO BN SF SO 10 BUILD Grant (formally TIGER) SO SO Potential Funding 54,500,000 51,726.166 156.420.584 562.646.750 Phase 3 Costs 54.500,000 51,720.166 555.000,000 561,220,166 2 -Lane concept Cost Green section Existing secured funds Red section Existing grants to be returned and reapplied for later (if the project is not ready to go to construction by the required time) Other sections Options for a reasonable way to do a $60 million project—versus $80 million Third party impacts with Option 2 include pumping more groundwater, with potential for the ground to subside around the project. That possibility will require additional study. Having the potential for more water can be complicated on a project with federal funding and the right-of-way process. They would need to verify the traffic benefits, and check in with permitting and regulatory agencies as it relates to the amount of naturally -occurring groundwater. There are risks with Option 2 that need to be investigated. 84 Tukwila City Council Committee of the Whole Minutes June 10,2019 Page 8of12 The Councilmembers asked the following clarifying questions: • By going with Option 2, does that imply we would go back later and add the two lanes and seal? Mr. Fernandez stated that is possible; however, there is no cost estimate at this time. He indicated the work would be more expensive later due to escalation, having to remobilize the construction activity, and working in a more constrained site. It would also require determining what would have to be built now because it could not be built later. • What would be the differences and impacts associated with Option 2? Mr. Fernandez explained that if Option 2 is built, the goal is to eliminate some walls and the seal. In order for traffic to work on West Valley Highway, and to provide access for property owners, Phase 4 (at the west end of the project) would likely have to be built much as it is now to accommodate businesses. Federal requirements for the project would still need to be met, i.e. some or all of the items listed under "Project Purpose and Need — Accommodates Growth" on page 5. Additional review with a traffic consultant will be needed to make these determinations and get a cost estimate. • Is there a possibility of getting an extension for the use of the grant funds? Mr. Hash stated the City will be asking for an extension on use of the funding from both FMSIB and FASTLANE (approximately $5 million each). He explained that both of these funding sources will go away if construction does not start by the beginning of next year. An extension until September 2020, for example, would still not allow enough time; the City would need at least a 3 -year extension period for design, permitting, regulatory issues and the right-of-way process. • Would there be costs associated with Option 3, i.e stopping the project when some money has already been spent, and there was an agreement with the City Renton? Mr. Hash stated that the two $5 million funding sources are "on paper" at this time. The $5.1 million received from the Puget Sound Regional Council (PSRC) is what is currently being spent—$3.8 million for design and $1.2 million for right-of-way. If work on the project is stopped, the funds spent to date (approximately $2 million) would need to be returned. If the money is used to complete design work (for Option 1 or 2), the City would have 10 years to complete construction. • How much time do we have to make this decision? Mr. Hash stated that while a decision is not needed tonight, if the City does decide to relinquish the money, it is best to do so before it expires to maintain credibility with the funding agency. Another stipulation is that if the project is inactive for 6 months, the City would need to return the money. Mr. Fernandez of WSP stated that he has experience with agencies who returned funding to the Transportation Improvement Board and they were able to receive it again later. • Would the 2 -lane option suffice for this project? Mr. Fernandez stated that the reality is that traffic movements such as merging have to work at intersections—whether it is the 2 -lane or 4 -lane option. If the 2 -lane option is preferred at this time, additional work and traffic analysis will be needed to determine the answer. Mr. Fernandez stated that estimates for building projects are somewhat different than for transportation projects, and WSP is confident in the numbers provided. If work was stopped today, discussions with potential funding agencies would continue. The design work to date would not be a waste, and would be in line for the original 4 -lane project. • Why is City Administration recommending Option 2? Mayor Ekberg stated the City's goal 4 to 5 years ago with the TIGER and/or FASTLANE grants was to get a shovel -ready project together to have a higher probability of receiving funds for development. Option 2 provides a road forward to get to a shovel -ready project and allow the City to ask for federal, state and/or county funding. David Cline, City Administrator, stated requests for federal funds have not been successful. The proposal here is to shift the focus to be part of the next transportation package at the state level for funding as a regional transportation project. The project is still 2 to 2-1/2 years away from the construction stage, so the timing may align with Mr. Foster's comments earlier that any state transportation funding packages may be several years away. 85 Tukwila City Council Committee of the Whole Minutes June 10, 2019 Page 9 of 12 Mr. Hash explained that the discussion tonight was to provide an update on the Value Engineering Study. The purpose of the VE Study was two -fold: Validate that the consultant's work to date is doable (yes), and determine whether there are any savings options (yes, Option 2). For Option 2, the City has the money in place to complete design to get to a shovel -ready project. Under Option 3, the City would need to return approximately $2 million that has already been spent to date. The $10 million from FMSIB and FASTLANE is designated for construction costs. The Councilmembers provided additional input on the three options: Councilmember Robertson stated Option 1 comes with a high cost ($83 million) based on the original design. Money already secured toward the project must be spent within a limited time period. Option 2 reduces the lanes to two, with an unsealed road, which does not meet the original goals. Option 2 also would not provide the anticipated $65M in travel time economic benefits (2022 to 2052), which was expected to demonstrate national economic benefits under the federal funding guidelines. There are design and engineering questions, and expansion will likely be desired in the future. Funding issues include the City needing to contribute $6 million, and Renton $4 million. The City would need an extension or reapplication of grant funds already in place, plus an additional $37 million. City staff will already be facing challenges with work for the Public Safety Plan over the next couple of years. He thinks stopping the project and returning the $2 million in grant fund is a reasonable choice. Councilmember Seal shares the concerns expressed by other Councilmembers. She understands the process associated with TIGER grants (Transportation Investment Generating Economic Recovery grants) from meetings in Washington DC. The City is also facing cost impacts related to the Public Safety Plan bond, and potential escalation costs are alarming. She acknowledged she has advocated to take this project to a shovel -ready stage in the past, but is now hesitant to have the added costs potentially impact services to citizens. She appreciates the hard work done to date on the 30% design work, and continuing would impose a lot of work for staff on reapplying and looking for funding. She feels Option 3 is the correct decision at this time. Councilmember Quinn stated the $41 million deficit to fund Option 1 is an unanswered question, with the most likely scenario being some type of grant. Option 2 brings less clear benefits that may affect funding possibilities. He does not see this project fitting into the City's Six -Year Capital Improvement Program. Councilmember Kruller noted the City has come close to receiving funds through the Transportation Policy Board, and those grant applications have been predicated on the City's good reputation of finishing projects that we had started. She indicated the National League of Cities has indicated it could potentially be an issue if funds were returned. She stated smaller cities need to work harder to secure funds, and she is starting to question the repercussions of returning funds for small cities. She suggested involving Sound Cities in similar situations going forward as small cities cannot absorb the full impacts of a regional project. She appreciates the honest answers to the Council's questions today. Councilmember McLeod served as Chair of the Transportation and Infrastructure Committee last year, which requested the VE Study. He does not feel the City is in a position to take this project on at this time, which leads him to Option 3 (stopping work). Councilmember Idan stated he appreciates the thoughtful presentation today. He feels Option 2 does not meet all the goals of the original project, and leans toward Option 3. Council President Hougardy confirmed that $2 million is the actual money already spent, which will need to be repaid to PSRC. The Council's preferred direction seems very clear. COUNCIL CONSENSUS EXISTED FOR OPTION 3: STOP WORK, AND RETURN THE GRANT FUNDING AND REIMBURSE FEDERAL FUNDS SPENT TO DATE. 86 Tukwila City Council Committee of the Whole Minutes June 10, 2019 Page 10 of 12 e. 2018 4th Quarter financial report. Councilmember McLeod indicated this item was discussed at the Finance Committee meeting on May 28, 2019. Vicky Carlsen, Finance Director, presented a summary of the 2018 year-end report. Three takeaways from the General Fund are: • Total General Fund revenues of $64 million exceeded total General Fund expenditures. • All General Fund departments finished under budget. • The City's reserve policy was met. Ms. Carlsen noted that while all departments came in below budget, the savings is considered one-time due to vacant positions. Sales tax, which is the City's largest revenue stream, increased $1.8 million over 2017. Property tax revenue ended the year up, with increases primarily due to new construction. Other General Fund revenues include: • Utility taxes were below budget. The City has been seeing a decline in the telephone tax, with trends showing many land lines are being dropped. Data packages are also changing to unlimited vs. a set amount of minutes. • lnterfund utility tax was over budget primarily due to increases in funds. • Gambling tax was a little below budget. One casino was temporarily shut down in the summer of 2018. • Admissions tax showed an increase from 2017; one new business in the Commercial Business District has been doing very well. • Business licensing showed an increase in funds. Approximately the same number of licenses were issued this year; however, the City's new fee structure took effect in 2018 with the per employee fee (instead of RGRL). • Building permits: A half million over budget. The same number of permits were issued compared to 2017; however, the valuation of the permits significantly increased in 2018. General Fund expenditures: • The Unreserved Fund Balance in the General Fund increased from $11.9 million in 2017 to $13.3 million at the end of 2018. • Contingency fund meets the City's reserve policy. Capital Projects Funds Public Safety Plan: • LTGO bonds were Issued for the Public Works Shop Facility. • $17.6M in expenditures related to land and buildings for the Justice Center. • $3.2 million in expenditures for fire equipment (ladder truck and two pumper trucks). Residential Streets: Decline in fund balance as a result of spending the previous year's bond proceeds, with planned work on 42nd Ave. S. and 53rd Ave. S. Enterprise Funds All Enterprise Funds met the City's reserve fund balance policy. Water and Sewer Fund balances increased. There was a slight decline in the Sewer Fund balance. The Golf Course maintained its end fund balance. 87 Tukwila City Council Committee of the Whole Minutes June 10, 2019 Page 11 of 12 Internal Service Funds Equipment Rental: All planned purchases will be funded. Employee Self -Insurance Fund is healthy. The fund balance was down from 2017 due to changes made to reduce plan overfunding and achieve balance between annual premium charges and maintenance of reserve levels. The Councilmembers asked follow-up questions on the various funds discussed. REPORTS a. Mayor Mayor Ekberg noted work that has taken place at the Namaste Garden behind Foster High School. David Cline and other City staff worked to improve accessibility to disabled individuals wanting to use the garden. He also noted the Seattle Seawolves will play to defend their rugby championship on June 16, 2019 in San Diego. b. City Council Councilmember Seal attended the K4C (King County -Cities Climate Collaboration) work session on June 10, 2019, where recent actions of the State legislature were reviewed. She noted that King County Executive Dow Constantine stated that while a lot of the progress made in recent years is being rolled back, actions taken at the local level can still drive change. Values around climate should continue to be discussed in relation to the City's Comprehensive Plan, zoning decisions, etc. She also noted that the Tukwila Library Advisory Board meeting scheduled for June 11 has been cancelled. Councilmember Quinn stated he will provide more information at a later date relating to a transformative decision made by the Washington State Criminal Justice Training Commission. The State Attorney General, prosecution, and law enforcement came together on this rule-making accomplishment. Councilmember Kruller stated she attended a spring concert featuring students from fifth grade through high school. She noted that studies have shown the importance musical education can have on multiple skills. There will be a "See You in the Park" event on June 12, 2019 at Cascade View Park. She also issued an advisory for citizens to prepare for the hot weather predicted for this week. The Seattle Seawolves won their quarter finals game 30-17. The Tukwila Pride festival will take place in the vicinity of Friendz Cafe, and is one more way Tukwila is working to be an inclusive city. Councilmember McLeod stated the Finance Committee had a robust discussion on funding for Fire Station 52 earlier this evening. Discussion will continue on this issue as it relates to Fire Department service levels. Councilmember Idan stated that he received phone calls from citizens related to 53rd Avenue South questioning why only two speed bumps were installed, and also that with cars parking on the street there is not enough room for vehicles to pass through. Council President Hougardy attended the Equity and Social Justice Commission on June 6, 2019, where there was discussion about the City's appointment process for Boards and Commissions. The group is planning outreach on vacant Board and Commission positions, including with community-based organizations, the faith community, and at the City's "See You in the Park" events. She reminded Council to be aware of what openings are available for potential discussion with residents. Another suggestion of the Equity and Social Justice Commission was to review King County's application for Boards and Commissions, and to make citizens aware of the Community Leadership Institute through Puget Sound Sage. The program is an opportunity to help residents become more interested in being involved in City business. 88 Tukwila City Council Committee of the Whole Minutes June 10, 2019 Page 12 of 12 c. Staff There was no report. d. Council Analyst The Council Analyst was not present. ADJOURNMENT 9:48 p.m. COUNCIL PRESIDENT HOUGARDY DECLARED THE COMMITTEE OF THE WHOLE MEETING ADJOURNED. ka+ Kathy Houg'�r y, D u Barbara Saxto , Administrative Support Coordinator APPROVED BY THE COUNCIL PRESIDENT: 6/24/19 AVAILABLE ON THE CITY WEBSITE: 6/25/19 89 90 City of Tukwila Allan Ekberg, Mayor Public Works Deportment - Harr' Pon ekonti, Director/City Engineer INFORMATIONAL MEMORANDUM TO: Transportation and Infrastructure Services Committee FROM: Hari Ponnekanti, Public Works Director/City Engineer BY: Josh Hartley, Public Works Deputy Director Transportation CC: Mayor Ekberg DATE: January 13, 2023 SUBJECT: 2023 Annual Overlay Program - Engineering Services Contract Project No. 80010401 Design Consultant Selection and Agreement ISSUE Execute a contract with KPG, INC. (KPG) to provide design services for the 2023 Overlay and Repair program. BACKGROUND Every year, Public Works issues a construction project to grind and overlay several blocks of roadways in the City of Tukwila. The annual overlay program is intended to preserve and maintain the street structure in a safe and useable state by resurfacing before failure, which also minimizes costs. Before work can commence, an engineer of record is required to prepare, design, and manage construction of the project. KPG provides a unique blend of knowledge and understanding of the City's overlay program that provides efficiency and benefits which cannot be matched at this time by any other firm. KPG has also performed very well in providing construction management services. DISCUSSION KPG has provided a contract, scope of work, and fee estimate to complete the design of the 2023 Overlay and Repair Program and advertise for construction bids. Preliminary locations for 2023 Overlay are shown on the attached vicinity map. The final selections will be made after the design cost estimates have been completed. Specific roadway segments are based on a number of factors, including but not limited to, Pavement Condition Index which accounts for the condition of the pavement surface distress, roughness, and structural conditions, community complaints, and street classification. Roadways that do not make it into the 2023 program will be designed to a minimum of 30% design to submit grant applications for additional funding in subsequent years. Roadways will also be transferred to the 2024 program if they are not constructed this year. FINANCIAL IMPACT 2023 Design Contract KPG Contract $149,824.00 2023 Overlay Design Budget $150,000.00 RECOMMENDATION Council is being asked to approve a new contract for KPG on the 2023 Annual Overlay Program in the amount of $149,824.00 and consider this item on the Consent Agenda at the January 23, 2023 Special Council Meeting. ATTACHMENTS: 2023 CIP page 12 KPG 2023 Overlay Consultant Contract 2023 Overlay Segments Map 91 CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2023 to 2028 PROJECT: Annual Overlay and Repair Program Project No. 80010401 DESCRIPTION: Select, design and construct asphalt and concrete pavement overlays of arterial and residential streets. JUSTIFICATION: Preserve and maintain the street structure in a safe and useable state by resurfacing before failure which also minimizes costs. Some individual sites may be coordinated with water, sewer, and surface water projects. STATUS: Each year various sections of roadway throughout the City are designed and constructed for asphalt overlay. MAINT. IMPACT: Reduces annual maintenance. COMMENT: Ongoing project. Only one year actuals shown in first column. FINANCIAL Through Estimated (in $000's) 2021 2022 2023 2024 2025 2026 2027 2028 BEYOND TOTAL EXPENSES Design 316 150 150 150 150 150 150 150 150 1,516 Land (R/W) 0 Const. Mgmt. 43 200 200 200 200 200 200 200 200 1,643 Construction 970 1,050 1,050 1,050 1,050 1,050 1,150 1,150 1,300 9,820 TOTAL EXPENSES 1,329 1,400 1,400 1,400 1,400 1,400 1,500 1,500 1,650 12,979 FUND SOURCES Awarded Grant 0 Proposed Grant 0 Mitigation Actual 0 Mitigation Expected 0 Solid Waste Utility Tax 1,329 1,400 1,400 1,400 1,400 1,400 1,500 1,500 1,650 12,979 TOTAL SOURCES 1,329 1,400 1,400 1,400 1,400 1,400 1,500 1,500 1,650 12,979 2023 - 2028 Capital Improvement Program 92 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Contract Number: PROFESSIONAL SERVICES AGREEMENT (Includes consultants, architects, engineers, accountants, and other professional services) THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter referred to as "the City", and KPG Psomas Inc., hereinafter referred to as "the Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. Project Designation. The Consultant is retained by the City to perform engineering design and construction support services in connection with the 2023 Tukwila Overlay Program. 2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit "A" attached hereto, including the provision of all labor, materials, equipment and supplies. 3. Duration of Agreement; Time for Performance. This Agreement shall be in full force and effect for a period commencing upon execution and ending December 31, 2023, unless sooner terminated under the provisions hereinafter specified. Work under this Agreement shall commence upon written notice by the City to the Consultant to proceed. The Consultant shall perform all services and provide all work product required pursuant to this Agreement no later than December 31, 2023 unless an extension of such time is granted in writing by the City. 4. Payment. The Consultant shall be paid by the City for completed work and for services rendered under this Agreement as follows: A. Payment for the work provided by the Consultant shall be made as provided on Exhibit "B" attached hereto, provided that the total amount of payment to the Consultant shall not exceed $149,824.00 without express written modification of the Agreement signed by the City. B. The Consultant may submit vouchers to the City once per month during the progress of the work for partial payment for that portion of the project completed to date. Such vouchers will be checked by the City and, upon approval thereof, payment shall be made to the Consultant in the amount approved. C. Final payment of any balance due the Consultant of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. D. Payment as provided in this section shall be full compensation for work performed, services rendered, and for all materials, supplies, equipment and incidentals necessary to complete the work. E. The Consultant's records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City and the state of Washington for a period of three (3) years after final payments. Copies shall be made available upon request. 93 5. Ownership and Use of Documents. All documents, drawings, specifications and other materials produced by the Consultant in connection with the services rendered under this Agreement shall be the property of the City whether the project for which they are made is executed or not. The Consultant shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with the Consultant's endeavors. The Consultant shall not be responsible for any use of the said documents, drawings, specifications or other materials by the City on any project other than the project specified in this Agreement. 6. Compliance with Laws. The Consultant shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state, and local laws, ordinances and regulations, applicable to the services rendered under this Agreement. 7. Indemnification. The Consultant shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, errors or omissions of the Consultant in performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Consultant's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 8. Insurance. The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. Consultant's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Consultant to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. A. Minimum Amounts and Scope of Insurance. Consultant shall obtain insurance of the types and with the limits described below: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. Automobile Liability insurance shall cover all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate. Commercial General Liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop-gap independent contractors and personal injury and advertising injury. The City shall be named as an additional insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using an additional insured endorsement at least as broad as ISO endorsement form CG 20 26. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. CA revised May 2020 Page 2 94 4. Professional Liability with limits no less than $2,000,000 per claim and $2,000,000 policy aggregate limit. Professional Liability insurance shall be appropriate to the Consultant's profession. B. Public Entity Full Availability of Contractor Limits. If the Contractor maintains higher insurance limits than the minimums shown above, the Public Entity shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the Contractor, irrespective of whether such limits maintained by the Contractor are greater than those required by this Contract or whether any certificate of insurance furnished to the Public Entity evidences limits of liability lower than those maintained by the Contractor. C. Other Insurance Provision. The Consultant's Automobile Liability and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance with respect to the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not be contributed or combined with it. D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage. Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. Upon request by the City, the Consultant shall furnish certified copies of all required insurance policies, including endorsements, required in this Agreement and evidence of all subcontractors' coverage. F. Notice of Cancellation. The Consultant shall provide the City with written notice of any policy cancellation, within two business days of their receipt of such notice. G. Failure to Maintain Insurance. Failure on the part of the Consultant to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days notice to the Consultant to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Consultant from the City. 9. Independent Contractor. The Consultant and the City agree that the Consultant is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither the Consultant nor any employee of the Consultant shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to the Consultant, or any employee of the Consultant. 10. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the City shall have the right to annul this contract without liability, or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. CA revised May 2020 Page 3 95 11. Discrimination Prohibited. Contractor, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, religion, creed, color, national origin, age, veteran status, sex, sexual orientation, gender identity, marital status, political affiliation, the presence of any disability, or any other protected class status under state or federal law, in the selection and retention of employees or procurement of materials or supplies. 12. Assignment. The Consultant shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 13. Non -Waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 14. Termination. A. The City reserves the right to terminate this Agreement at any time by giving ten (10) days written notice to the Consultant. B. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Consultant and the City, if the City so chooses. 15. Applicable Law; Venue; Attorney's Fees. This Agreement shall be subject to, and the Consultant shall at all times comply with, all applicable federal, state and local laws, regulations, and rules, including the provisions of the City of Tukwila Municipal Code and ordinances of the City of Tukwila. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. Venue for any action arising from or related to this Agreement shall be exclusively in King County Superior Court. 16. Severability and Survival. If any term, condition or provision of this Agreement is declared void or unenforceable or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. The provisions of this Agreement, which by their sense and context are reasonably intended to survive the completion, expiration or cancellation of this Agreement, shall survive termination of this Agreement. 17. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Notices to Consultant shall be sent to the following address: KPG Psomas Inc., 3131 Elliott Avenue, Suite 400 Seattle, WA 98121 18. Entire Agreement; Modification. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Consultant and supersedes all prior negotiations, representations, or agreements written or oral. No amendment or modification of this Agreement shall be of any force or effect unless it is in writing and signed by the parties. CA revised May 2020 Page 4 96 DATED this day of , 20 CITY OF TUKWILA CONSULTANT Allan Ekberg, Mayor By: l'---`. Printed Name: Nelson Davis Title: Vice President Attest/Authenticated: Approved as to Form: City Clerk, Christy O'Flaherty Office of the City Attorney CA revised May 2020 Page 5 97 EXHIBIT A City of Tukwila 2023 Overlay Program Scope of Work December 16, 2022 The Consultant shall prepare final Plans, Specifications and Estimates for the 2023 Overlay Program. It is anticipated five to six sites will be included in the final Plans Specifications, and Estimates. Specific projects will be determined from the following list of candidate streets: 1. Interurban: EMW — 42nd 2. S 147th St: 58th — 59th 3. 51St Ave S: 137th —139th 4. S 139th St 53rd — 55th 5. S 137th St: 52nd — 53rd 6. 32nd Ave S: 130th — 135th 7. 33rd Ave S: End — 130th 8. Southcenter Parkway: Stander Blvd — Minkler Blvd (Previously Designed to 30%) 9. S 140th St: City Limits — 35th Ave S (Previously Designed to 30%) 10. 35th Ave S: S 140th St — S 142nd PI (Previously Designed to 30%) 11. S 142nd PI: 35th Ave S — 37th Ave S (Previously Designed to 30%) 12. 37th Ave S: S 140th St — S 144th St (Previously Designed to 30%) Preliminary Design Segments include: 1. Ryan Way: Martin Luther King Blvd — 51st Ave S 2. 46th Ave S: S 144th St - S 148th St The 2023 Overlay Program will be bid as a single bid package as budget allows. Projects may be re -prioritized or deferred to a future overlay program based on available budget and other considerations. Detailed estimates will be prepared at the 30% design to verify the final project list to be included in the 2023 Overlay Program. The Consultant shall utilize the data collection and analysis provided by Infrastructure Management Service (IMS) to identify additional roadway segments to be included in the design and construction of the 2023 Overlay Program. City of Tukwila KPG Psomas Inc 2023 Overlay Program Page 1 of 5 December 2023 98 The City of Tukwila may require other services of the consultant. These services could include additional design, MEF documentation, right of way, environmental documentation, construction phase services, or other work tasks not included in the scope of work. At the time these services are required, the Consultant will provide the City with a detailed scope of work and an hour and fee estimate. The Consultant will not proceed with the work until the City has authorized the work and issued a Notice to Proceed. Assumptions for the 2023 Overlay Program Bid Package • Roadway and utility casting mapping will be based on aerial photography, GIS, and field reviews by the Consultant. Topographic field survey may be required for ADA ramp and sidewalk improvements and will be performed by the Consultant as required. A budget of two field days has been accounted for. • Alignments are based off of existing ROW GIS established by the City's GIS mapping. • Typically, only surface utilities requiring adjustment to grade will be shown. • Underground utilities are not shown, unless provided by GIS mapping. • Utility structures inside roadway prism will be shown, but franchise utility structures outside of roadway prism may not be shown • No franchise utility upgrades are anticipated in the project design. • Lane widths and channelization types shall be replaced in kind unless otherwise decided upon in collaboration with the City. • Driveways along the overlay corridor where there may be a gap in pavement will be filled in with asphalt. Driveways that are disturbed will be restored with like pavement. • It is assumed there will be approximately thirty (30) plan sheets at 1"=20' scale full size (22" X 34"), 1"=40' at reduced scale (11" X 17"). • Drainage & Water Quality Reports will not be required. • Environmental Documentation will not be required. • Geotechnical exploration and/or investigation will not be required. • Maximum Extent Feasible Documentation is not included in this scope of work • Consultant shall not be responsible for printing and supplying City or Contractor with hard copies of plans and specifications at interim submittals or contract award. • Traffic Control Plans are not included with this scope of work. Deliverables • Meeting notes during selection process • 30% review submittal with Plans and Estimate (electronic copies) • 90% review submittal with Plans, Specifications, and Estimate (electronic copies) City of Tukwila KPG Psomas Inc 2023 Overlay Program Page 2 of 5 December 2023 99 • Routing of 30% and 90% Plans to utilities for review and comment. • Bid Documents and Engineer's Estimate for 2023 Overlay Program. • Coordinate upload of Plans and Specifications to Builders Exchange. • Bid Analysis and recommendation for award letter. • Preconstruction Meeting Attendance. SCOPE OF WORK TASK 1— Project Management 1.1 The Consultant shall provide continuous project management and administration for the duration of the Project. (Estimate 6 months). • Hold project coordination meetings with the City to update progress and review submittals. Assume (6) meetings. • The Consultant shall provide monthly status reports and billings. • The Consultant shall provide independent QA/QC reviews by senior in-house staff of all deliverables prior to submittal to the City. TASK 2 — Preliminary Design 2.1 The Consultant shall prepare base maps for the initial seven roadway segments identified above. The basemaps shall be created utilizing field measurements, available record drawings, City GIS data, and aerial photography. Base maps, 30% design, and cost opinion for the latter five roadway segments were prepared previously. 2.2 The Consultant shall prepare 30% Plans for each of the seven new roadway segments. Previously prepared segments will be included in the 30% submittal. The 30% proposed improvements including the following: • Plans shall be prepared with such provisions to produce a detailed engineer's estimate. • Topographic survey will not be utilized for 30% design. ADA ramp surveys will be provided during final design for selected roadway segments. • Typical sections and details will be prepared for items not available as standard details from the City or WSDOT standard drawings. • Plans will not include ADA curb ramp grading • The plans shall illustrate limits of construction and removals, utility adjustments, surfacing depths and applicable channelization and signing City of Tukwila KPG Psomas Inc 2023 Overlay Program Page 3 of 5 December 2023 100 • The Consultant shall perform one site walkthrough to determine extent of roadway improvements / resurfacing 2.3 The Consultant shall calculate quantities and prepare a Preliminary Engineers Estimate of Probable Construction Cost for each of the twelve roadway segments. Up to five roadway segments will be prioritized in collaboration with the City based on available budget and other considerations. 2.4 The Consultant shall distribute 30% review submittals to franchise utility owners for adjustments within the Project limits. 2.5 The Consultant shall prepare preliminary designs to be printed on aerial scroll plots for the preliminary design segments identified below to inform budget needs that may be needed for future grant pursuits. Preliminary designs will include the following: • Plan view layout of roadway, sidewalk, and multimodal improvements • Surface utility conflict identification • Underground utility considerations will not be included • ROW, utility, and existing improvements will be based on City GIS information and aerial imagery. Deliverables • 30% Plans • 30% Cost Estimate for each candidate segment • Preliminary design and budget estimate for two roadway segments • Selection of up to six segments for Final Design and Advertisement TASK 3 — Final Design 3.1 The Consultant shall prepare 90%, and Final Plans for up to six roadway segments selected in Task 2 based on available budget. The proposed improvements including the following: • Plans shall be prepared with such provisions in such detail as to permit field layout and construction within a degree of accuracy acceptable to the City and per industry standards. • Topographic survey will be utilized only at ADA ramp locations where field conditions require it to meet ADA compliance. City of Tukwila 2023 Overlay Program Page 4 of 5 KPG Psomas Inc December 2023 101 • Typical sections and details will be prepared for items not available as standard details from the City or WSDOT standard drawings. • Plans will identify curb ramp replacement limits and pedestrian push button modifications in accordance with ADA requirements. • The plans shall illustrate complete details of construction of the proposed improvements including limits of construction and removals, utility adjustments, surfacing depths and details, and applicable channelization and signing for the segments selected for final design. • The Consultant shall perform site walkthroughs with the City maintenance staff to determine extent of roadway improvements / resurfacing (Estimate 2 meetings) and to prioritize candidate streets within the available budget. • Pavement sections will be determined through consultation with the City's maintenance staff and previous experience. No geotechnical investigations are anticipated. 3.2 The Consultant shall calculate quantities and prepare Engineers Estimate of Probable Construction Cost for in preparation for the bid documents and proposal as well as a site by site cost estimate for each review submittal and the Bid Documents. 3.3 The Consultant shall prepare the Contract Specification per 2023 WSDOT Standard Specifications for the 90% Review Submittal and the Bid Documents. 3.4 The Consultant shall distribute 90% review submittals to franchise utility owners for adjustments within the Project limits. Deliverables • 90% & Final Plans for up to six roadway segments • 90% & Final Cost Estimate for up to six roadway segments • 90% & Final Contract documents including Project Special Provisions TASK 4 — Bid Period Services 4.1 The Consultant shall assist the City with Project Advertisement and Award by uploading plans and specifications to bxwa.com, preparing addenda, bid tabulation, and recommendation for award. City of Tukwila KPG Psomas Inc 2023 Overlay Program Page 5 of 5 December 2023 102 KPG PSOMAS EXHIBIT B PRIME CONSULTANT COST COMPUTATIONS Client: City of Tukwila Project: 2023 Overlay Program KPG Psomas Inc. Project Number: 9TUK010400 DATE: 12/16/2022 TaskEstimate No.Task Description Labor Hour Estimate Total Hours and Labor Fee by Task @ 0 L a Engineering Manager Senior Engineer Project Engineer 11 Project Engineer 1 Design Engineer Engineering Technician Survey Manager Survey Crew 1 (W/Equip) Project Surveyor Surveyor 111 Senior CAD Technician CAD Technician Business Manager Senior Admin Office Admin 285 251 215 175 149 133 114 251 205 164 137 138 124 178 133 103 Hours Fee Task 1 Project Management 1.1 Project Management 2 36 8 8 4 58 $ 9,770.00 Task Total 2 0 0 36 0 0 0 0 0 0 0 0 0 8 8 4 58 $ 9,770.00 Task 2 Preliminary Design 2.1 Prepare 30% Basemap 4 60 20 16 100 $ 14,124.00 2.2 Prepare 30% Plans 20 12 36 24 20 24 24 160 $ 23,524.00 2.3 Preapare 30% Cost Estimate 8 12 16 12 12 60 $ 9,168.00 2.4 Utility Coordination 12 8 4 24 $ 3,824.00 2.5 Preliminary Design 2 8 12 4 26 $ 4,214.00 Task Total 2 0 28 48 132 60 52 0 0 0 0 24 24 0 0 0 370 $ 54,854.00 Task 3 Final Design 3.1 Preapre 90% & Final Plans 4 16 24 80 36 20 8 16 8 16 228 $ 36,424.00 3.2 Preapre 90% & Final Cost Estimates 4 8 20 40 36 20 128 $ 19,252.00 3.3 Prepare 90% & Final Contract Documents 2 4 16 48 32 102 $ 18,182.00 3.4 Utility Coordination 8 20 8 4 40 $ 6,944.00 Task Total 2 12 48 112 160 76 40 8 16 8 16 0 0 0 0 0 498 $ 80,802.00 Task 4 Bid Period Services 4.1 Advertisement and Award Support 2 16 4 22 $ 3,898.00 Task Total 0 2 0 16 4 0 0 0 0 0 0 0 0 0 0 0 22 $ 3,898.00 Total Labor Hours and Fee 6 14 76 212 296 136 92 8 16 8 16 24 24 8 8 4 948 $ 149,324.00 Reimbursable Direct Non -Salary Costs Mileage at current IRS rate $ 500.00 Total Reimbursable Expense $ 500.00 Total Estimated Budget $ 149,824.00 103 • • 99 Si IW S< 5,341T.C�� , SIM Si e say Ma ■■ 5 ,55e1 giamv mem= 5 Idium=4:$1951 BEE EMIR1��5„n �li1n9 fir''_• ti 516459 159 Si Si 14 S! SIOST 99 5151Si 5153 , • • FORT • DENT 53 PREVIOUSLY DESIGNED SEGMENTS (30% LEVEL) 2023 PRELIMINARY DESIGN SEGMENTS 2023 PROGRAM CANDIDATE SEGMENTS CITY OF TU <WILA 2023 OVERLAY PROGRAM ROADWAY SEGMENTS 995, 104 City of Tukwila Mari Ekberg, Mayor P #IIIc Works Deportrnerat - Hari Ponrreakonti tfirectoriCity Ensrirver INFORMATIONAL MEMORANDUM TO: Transportation and Infrastructure Services Committee FROM: Hari Ponnekanti, Public Works Director/ City Engineer BY: Michael Ronda, Project Manager CC: Mayor Ekberg DATE: January 13, 2023 SUBJECT: 2022 Overlay & Repair Program Furnishing Signal Items Project No. 80010404 ISSUE Approve the purchase of pedestrian push button assemblies, video detection cameras, and traffic controller cabinet to replenish Street Department inventory used for the 2022 Annual Overlay and Repair Program. BACKGROUND The Annual Overlay and Repair Program preserves and maintains the street structure in a safe and useable condition. Last year's construction scope included pavement repairs, sidewalk improvements, asphalt overlay and pedestrian improvements at four different work zones throughout the city. The 2022 Overlay program also included a component to replace out of date signal equipment at the Orillia/200th St. intersection to support improved pedestrian features and traffic video detection. DISCUSSION Due to concerns about COVID supply chain delays, we chose to provide select critical components of the Orillia signal upgrade using existing signal equipment stock with the expectation of replacing these materials on a timeline that did not impact the completion of the project. Some items were not within existing Tukwila inventory, so we purchased these items using local vendors. At this point the majority of the project and all of the signal upgrades are complete and we need to replenish our inventory so we are not left without a replacement in the case of a knock down or failure of an existing signal cabinet. The items shown below such as APS style pedestrian push button assemblies, video detection cameras, and traffic controller cabinet w/battery backup are all critical inventory that we need to purchase as soon as possible. The 2022 Annual Overlay project is expected to be completed within budget with funding remaining to purchase these components. FINANCIAL IMPACT The 2022 Overlay construction contract and equipment purchases are within the 2022 Overlay and repair Budget approved by Council at the June 27, 2022 Special meeting. Equipment Purchases APS style pedestrian push button assemblies Video detection cameras Traffic controller cabinet (Model P+) UPS for controller cabinet Sub -Total Cost Estimates $14,018.00 36,845.00 42,681.00 6.370.00 $99,914.00 Funding Source Overlay CIP NTCP CIP Complete Streets Small Drainage CIP 2022 Budget $1,050,000.00 250,000.00 400,000.00 85.000.00 $1,785,000.00 Bid Award 2022 Annual Overlay Construction Bid $1,612.610.00 Total $1,712,524.00 $1,785,000.00 RECOMMENDATION Council is being asked to approve the purchase of the items shown above for $99,914.00 for the 2022 Overlay and Repair Program and consider this item on the Consent Agenda at the January 23, 2023, Special Council Meeting. ATTACHMENTS: 2021 CIP Pages Western Systems Quotes and Purchase Orders 105 CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2021 to 2026 PROJECT: Traffic Calming/Residential Safety Improvements Project No. 80010301 Programmatic approach to addressing neighborhood traffic concerns through a variety of methods. DESCRIPTION: Residential street improvements with sidewalks, safety improvements, and bike facilities. JUSTIFICATION: Neighborhood revitalization by improving residential streets. STATUS: Future candidates are listed in the citywide comprehensive update and safety -based prioritization of residential street improvements, sidewalks, and bike lanes. MAINT. IMPACT: Varies, depends on treatment(s) used. COMMENT: Residential improvements and traffic calming features to reduce speeds and improve pedestrian and bicycl such as the speed cushions, RRFB crossings, LED enhanced signs, Radar driver feedback signs, etc. FINANCIAL (in $000's) Through Estimated 2019 2020 2021 2022 2023 2024 2025 2026 BEYOND EXPENSES Design 63 50 100 100 Land (R/W) Const. Mgmt. 37 Construction 148 0 300 TOTAL EXPENSES 248 50 100 400 0 0 0 0 0 FUND SOURCES ARPA Funding 100 400 Awarded Grant Proposed Grant Mitigation Actual Mitigation Expected City Oper. Revenue 248 50 0 0 0 0 0 0 0 TOTAL SOURCES 248 50 0 0 0 0 0 0 0 2021 - 2026 Capital Improvement Program 2 106 CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2021 to 2026 PROJECT: Annual Overlay and Repair Program Project No. 9xx10401 DESCRIPTION: Select, design and construct asphalt and concrete pavement overlays of arterial and residential streets. Preserve and maintain the street structure in a safe and useable state by resurfacing before failure which JUSTIFICATION: also minimizes costs. Some individual sites may be coordinated with water, sewer, and surface water projects. STATUS: Each year various sections of roadway throughout the City are designed and constructed for asphalt overlay. MAINT. IMPACT: Reduces annual maintenance. COMMENT: Ongoing project. Only one year actuals shown in first column. FINANCIAL Through Estimated (in $000's) 2019 2020 2021 2022 2023 2024 2025 2026 BEYOND TOTAL EXPENSES Design 209 190 150 150 150 150 150 150 150 1,449 Land (R/W) 0 Const. Mgmt. 121 15 200 200 200 200 200 200 200 1,536 Construction 1,224 312 1,050 1,050 1,050 1,050 1,150 1,150 1,300 9,336 TOTAL EXPENSES 1,554 517 1,400 1,400 1,400 1,400 1,500 1,500 1,650 12,321 FUND SOURCES Awarded Grant 0 Proposed Grant 0 Mitigation Actual 0 Mitigation Expected 0 City Oper. Revenue 1,554 517 1,400 1,400 1,400 1,400 1,500 1,500 1,650 12,321 TOTAL SOURCES 1,554 517 1,400 1,400 1,400 1,400 1,500 1,500 1,650 12,321 2021 - 2026 Capital Improvement Program 12 107 CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2021 to 2026 PROJECT: Annual Small Drainage Program Project No. 9x241201 81241207 DESCRIPTION: Select, design, and construct small drainage projects throughout the City. JUSTIFICATION: Provide drainage corrections for existing/ongoing drainage problems throughout the City, including culvert replacements, drain extensions, and pavement upgrades. STATUS: Projects for this annual program are taken from Small Drainage Project List. MAINT. IMPACT: Reduces maintenance. COMMENT: Ongoing project, only one year shown in first column. Construction expenses may occur over two calendar years. FINANCIAL Through Estimated (in $000's) 2019 2020 2021 2022 2023 2024 2025 2026 BEYOND TOTAL EXPENSES Design 74 92 100 100 100 100 110 110 80 866 Const. Mgmt. 40 68 100 100 100 100 110 110 80 808 Construction 108 515 700 700 700 700 750 750 513 5,436 TOTAL EXPENSES 222 675 900 900 900 900 970 970 673 7,110 FUND SOURCES Awarded Grant 0 Proposed Grant 65 65 Mitigation Actual 0 Mitigation Expected 0 Utility Revenue 157 675 900 900 900 900 970 970 673 7,045 TOTAL SOURCES 222 675 900 900 900 900 970 970 673 7,110 Project Location: Entire System GIS 2021 - 2026 Capital Improvement Program 78 108 City of Tukwila 6200 Southcenter Blvd, Tukwila, WA 98188-2544 206-433-1800 VENDOR INFORMATION NAME Western Systems y CONTACTOR Kai Antrim SALESPERSON STREET 1122 IndustryStreet, Bldg. B g' ADDRESSNUMBER PHONE 425-530-9017 CITY/STATE/ZIP Everett/WAI98203 EMAIL ADDRESS kantrim@westernsystems-inc.com PURCHASE INFORMATION PURCHASE ORDER NUMBER PWE12222022-1 DATE 12/22/2022 The PO number is the three -character department code and today's date, in the following format: XXXMMDDYY XXX = Department Code (FIN, PWM, FIR, POL, etc...) MM = Month (01, 02, 11, etc...) DD = Day (01, 21 ,29, 30, etc...) YY = Year (14, 15, etc...) Example: For a Fire PO created on June 1, 2014, the PO number would be: FIR060114 GENERAL LEDGER ACCOUNT PROJECT ACCOUNTING QUANTITY DESCRIPTION FUND DEPT BASUB ELEMENT OBJ SUB -OBJ PROJECT PHASE TASK SUB -TASK I AMOUNT 1 Detection and Pedestrian Equipment $ 12,570.63 Q-08159 (Pedestrian Crossing Systems) Estimated Shipping 177.33 NOTES Annual Traffic Signal Program Items Project: JL KEY 80010404-3000156 GL - 104640C-565005 APPROVALS OTHER QUOTES VENDOR (State Contract 04616/CoT K2219) QUOTE DATE VENDOR QUOTE DATE Subtotal $ 12,747.96 Sales Tax 1,269.63 TOTAL $ 14,017.59 PURCHASER/ M.Ronda INITIATED BY DEPARTMENTAL APPROVAL EXECUTIVE APPROVAL (Required if more than $20, 000.00) 109 Western Systems Innovative Transportation Solutions 1122 Industry Street, Bldg. B, Everett, WA 98203 Phone: (425) 438-1133 1 Fax: (425) 438-1585 Quotation Date Quote # Rev # 12/20/22 Q-08159 Project Agency: Detection and Pedestrian Equipment KPG Prepared For: Part # To place an order: Contact: Jan Ciganik Phone: (206) 267-1034 Company: City of Tukwila, WA Email: jan@kpg.com Address: Attn: Accounts Payable600 Minkler Boulevard City/State: Tukwila, WA 98188 Contact: Kai Antrim Phone: +1 4255309017 Fax: (425) 438-1585 Email: kantrim@westernsystems-inc.com This order is subject to the terms & conditions Qty Part # Description 6 7220086260 INS2 APS (iNAVIGATOR) 2 WIRE SYS W/9X15 HIRR R10 -3E SIGN, NO BRAILLE, VOICE (GREEN) 2016 1 7220086350 CONTROL UNIT (iNAVIGATOR) INTELLIGENT CENTRAL CONTROL UNIT SHELF MOUNT (ALL CABINETS) 1 7220086360 CABLE B, PREEMPTION INPUTS CABLE FOR ICCU-S2 1 7220086355 ANY CABINET CABLE PACKAGE (INCLUDES CABLES -A, C & iN2-ICB) 2 7030036025 PED SIGNAL 16" 1 SEC ALUMINUM (_) W/RIGHT CLAMSHELL (GREEN) EAGLE 2 7030036055 PED SIGNAL 16" 1 SEC ALUMINUM (_) W/LEFT CLAMSHELL (GREEN) EAGLE 2 7030036000 PED SIGNAL 16" 1 SEC ALUMINUM (_) OPEN PORTS (GREEN) EAGLE 6 7110020050 LED 16" ORANGE/WHITE PEDESTRIAN COUNTDOWN (2007 ITE) 1 7052180015 POST TOP MOUNTING PED / PED (TYPE C) GREEN 6 9880000011 INSTALLATION OF LEDS IN PEDESTRIAN SIGNALS Terms: Freight Terms: Material Lead Time: Net 30 FOB DstFrt PP&ADD See General Conditions below for exceptions and changes to freight and lead time policies Subtotal Shipping Tax 10.10% Grand Total $12,570.63 $177.33 $1,269.63 $14,017.59 1 of 110 GENERAL CONDITIONS OF SALE All information contained within this quote is valid for 30 days from the date of the quotation. Thereafter, all prices and applicable charges are subject to change. The acceptance of this quotation implies the acceptance of the following terms and conditions which cannot be varied or waived except by express written authorization by a Western Systems representative. These terms govern the sale of goods and services supplied by Western Systems. Differing terms from Buyer in any purchase order or written communication shall not be binding on Western Systems." TERMS AND CONDITION` Purchase Order: All purchases require a formal purchase order. Emails or verbal communication does not constitute an acceptable purchase order. Delivery: Material lead time date is based after the release of the order. During the Covid-19 outbreak, Western Systems lead time dates will be estimates based on our best information available. Clarification on Shipping During Covid-19; FOB Destination and FOB Destination, Prepay & Add terms as quoted imply that the customer will be available to receive material deliveries. Any repeated delivery attempts, trucking reroutes, en route cancellations or product factory returns which incur additional shipping costs shall be billed to the customer will be passed onto the purchaser. Taxes/Fees: Unless current resale certificate is on file with Western Systems, purchaser shall be responsible for all, tariffs, duties or sales or use taxes in addition to the quoted prices herein. Any tax listed is an estimate only. Payment Terms: Payment terms are based on approval of credit. If credit is approved, terms are Net 30 days. Western Systems imposes a surcharge of 2% on the transaction amounts when paying with a Visa or MasterCard. We are unable to accept other credit cards for payment options. All prices are quotes in USD funds. Non -Payment Penalties: If payment has not been received within terms, the purchaser will be considered in default. Western Systems will be entitled, withou t prejudice to our other rights, without serving notice of default, to charge the purchaser for all costs incurred such as administration, storage, legal advice etc. The unpaid portion of any amount due to Western Systems will bear interest at the rate of 1.5% per month simple interest. Western Systems reserves the righ t to hold goods until customer balances their account. Western Systems will not be subject to any project retainage of any kind. Material purchases are due and payable upon receipt. Unpaid balances will be subje ct to Non -Payment Penalties. Collections: Upon Buyer default of these terms, Western Systems may, in addition to any other rights or remedies at contract or law, declare the entire balance of Buyer's account immediately due and payable. If unpaid balance is referred for collections, Buyer agrees to pay Western Systems, to the extent permitted by law, reasonable attorney fees in addition to all damages otherwise available, plus any court costs or expenses incurred by Western Systems, plus any finance charges accrued on any unpaid balance owed by Purchaser. Deferment or Cancellation Policy: Order deferment or cancellation once materials have been released will be subject to cancellation and/or restocking fees. Documentation: Any operational documentation supplied as a part of this quotation remains the property of Western Systems and may not be copied, reprod uced, transmitted, or communicated to 3rd parties without the express written consent of Western Systems. On -Site Services: On-site services such as signal or video system turn -on support shall be scheduled three weeks in advance. If services need to be cancelled or postponed, any non -reimbursable travel expenses will be billed to purchaser. This quotation does not provide nor imply any on-site support services unless mentioned specifically herein. If on-site support services are required, and not included as part of this proposed scope of work, please contact Western Systems for a revised quotation. Warranty: Standard one-year warranty on material goods manufactured or supplied by Western Systems from the date of manufacturers factory shipment, un less superseded by an additional manufacturer's warranty, provided such goods are maintained and operated in accordance with manufacturers standard met hod of operation. For additional information on Western Systems warranty, please send an email to info@westernsystems-inc.com. Return and Restocking Policy: Western Systems will be the sole source in determining whether any item is eligible for return. To be eligible the item(s) must be standard product models, new and unused, in the original packaging, and invoiced within the last 90 days. Restocking fees are applied to all returns and c an vary between 20-50% based on annual sales activity. In no case will Western Systems be obligated to take returns for materials, including items that are o bsolete, custom orders, or past the 90 -day invoice period. Delivery Inspection: All materials deliveries must be inspected upon receipt from freight carrier. Any freight damages must be reported to the carrier at the ti me of receipt of goods. Any materials shortages or inaccuracies in shipment must be reported to Western Systems within ten days receipt of goods. Thereafte r, any discrepancies will be considered incidental and the responsibility of the receiver. Force Majeure: Western Systems, Inc. shall in no event be responsible for delays in performance due to actions beyond its reasonable control including with out limitation acts of God, strikes, labor shortage or disturbance, fire, accident, war, civil disturbance, or carrier delays. 2 of 3 111 Western Systems, Inc. accepts no liability for errors or omissions or the accuracy or the completeness of this quotation. It has been prepared to the best of ou r knowledge per plans, specifications, documentation, and communications provided but we do not guarantee these to be accurate or of the latest revision. D etermination of accuracy of this quotation and final quantities are the sole responsibility of recipient. Western Systems, Inc. shall in no event be liable for any s pecial, consequential, incidental, or liquidated damages (including without limitation damages for loss of use of facilities or equipment, loss of revenue, loss of profits or loss of goodwill), regardless of whether seller (a) has been informed of the possibility of such damages or (b) is negligent. 3of3 112 City of Tukwila 6200 Southcenter Blvd, Tukwila, WA 98188-2544 206-433-1800 VENDOR INFORMATION NAME Western Systems y CONTACTOR Kai Antrim SALESPERSON STREET 1122 IndustryStreet, Bldg. B g' ADDRESSNUMBER PHONE 425-530-9017 CITY/STATE/ZIP Everett/WAI98203 EMAIL ADDRESS kantrim@westernsystems-inc.com PURCHASE INFORMATION PURCHASE ORDER NUMBER PWE12222022-2 DATE 12/22/2022 The PO number is the three -character department code and today's date, in the following format: XXXMMDDYY XXX = Department Code (FIN, PWM, FIR, POL, etc...) MM = Month (01, 02, 11, etc...) DD = Day (01, 21 ,29, 30, etc...) YY = Year (14, 15, etc...) Example: For a Fire PO created on June 1, 2014, the PO number would be: FIR060114 GENERAL LEDGER ACCOUNT PROJECT ACCOUNTING QUANTITY DESCRIPTION FUND DEPT BASUB ELEMENT OBJ SUB -OBJ PROJECT PHASE TASK SUB -TASK I AMOUNT 1 Detection and Pedestrian Equipment 104 80010404 3000 156 $ 33,146.87 Q-08199 (Video Detection Cameras) Estimated Shipping 350.00 GL KEY: PW306480C OBJ:563000 NOTES Annual Traffic Signal Program Items Project: JL KEY 80010404-3000156 GL -1046400-565005 APPROVALS OTHER QUOTES VENDOR (State Contract 04616/CoT K2219) QUOTE DATE VENDOR QUOTE DATE Subtotal $ 33,496.87 Sales Tax 3,347.83 TOTAL $ 36,844.70 PURCHASER/ M.Ronda INITIATED BY DEPARTMENTAL APPROVAL EXECUTIVE APPROVAL (Required if more than $20, 000.00) 113 Western Systems Innovative Transportation Solutions 1122 Industry Street, Bldg. B, Everett, WA 98203 Phone: (425) 438-1133 1 Fax: (425) 438-1585 Quotation Date Quote # Rev # 12/20/22 Q-08199 Project Agency: Detection and Pedestrian Equipment KPG Prepared For: To place an order: Contact: Jan Ciganik Phone: (206) 267-1034 Company: City of Tukwila, WA Email: jan@kpg.com Address: Attn: Accounts Payable600 Minkler Boulevard City/State: Tukwila, WA 98188 Contact: Kai Antrim Phone: +1 4255309017 Fax: (425) 438-1585 Email: kantrim@westernsystems-inc.com This order is subject to the terms & conditions Qty Part # Description 1 5850040718 VANTAGE NEXT VIDEO CAMERA (WDR) 3 5850010110 CAMERA/RADAR SYSTEM (VECTOR -NEXT) 115VAC ITERIS (COLOR) 1 5850040730 VANTAGE NEXT CCU UNIT W/SHIP KIT (SHELF MOUNT) TS2 VERSION; MAX 4 SENSORS 1 0630010027 CABLE CAT5E DIRECT BURIAL STP (GEL FILLED) 1000FT ROLL Terms: Freight Terms: Material Lead Time: Net 30 FOB DstFrt PP&ADD See General Conditions below for exceptions and changes to freight and lead time policies Subtotal Shipping Tax 10.10% Grand Total $33,146.87 $350.00 $3,347.83 $36,844.70 1 of 114 GENERAL CONDITIONS OF SALE All information contained within this quote is valid for 30 days from the date of the quotation. Thereafter, all prices and applicable charges are subject to change. The acceptance of this quotation implies the acceptance of the following terms and conditions which cannot be varied or waived except by express written authorization by a Western Systems representative. These terms govern the sale of goods and services supplied by Western Systems. Differing terms from Buyer in any purchase order or written communication shall not be binding on Western Systems." TERMS AND CONDITION` Purchase Order: All purchases require a formal purchase order. Emails or verbal communication does not constitute an acceptable purchase order. Delivery: Material lead time date is based after the release of the order. During the Covid-19 outbreak, Western Systems lead time dates will be estimates based on our best information available. Clarification on Shipping During Covid-19; FOB Destination and FOB Destination, Prepay & Add terms as quoted imply that the customer will be available to receive material deliveries. Any repeated delivery attempts, trucking reroutes, en route cancellations or product factory returns which incur additional shipping costs shall be billed to the customer will be passed onto the purchaser. Taxes/Fees: Unless current resale certificate is on file with Western Systems, purchaser shall be responsible for all, tariffs, duties or sales or use taxes in addition to the quoted prices herein. Any tax listed is an estimate only. Payment Terms: Payment terms are based on approval of credit. If credit is approved, terms are Net 30 days. Western Systems imposes a surcharge of 2% on the transaction amounts when paying with a Visa or MasterCard. We are unable to accept other credit cards for payment options. All prices are quotes in USD funds. Non -Payment Penalties: If payment has not been received within terms, the purchaser will be considered in default. Western Systems will be entitled, withou t prejudice to our other rights, without serving notice of default, to charge the purchaser for all costs incurred such as administration, storage, legal advice etc. The unpaid portion of any amount due to Western Systems will bear interest at the rate of 1.5% per month simple interest. Western Systems reserves the righ t to hold goods until customer balances their account. Western Systems will not be subject to any project retainage of any kind. Material purchases are due and payable upon receipt. Unpaid balances will be subje ct to Non -Payment Penalties. Collections: Upon Buyer default of these terms, Western Systems may, in addition to any other rights or remedies at contract or law, declare the entire balance of Buyer's account immediately due and payable. If unpaid balance is referred for collections, Buyer agrees to pay Western Systems, to the extent permitted by law, reasonable attorney fees in addition to all damages otherwise available, plus any court costs or expenses incurred by Western Systems, plus any finance charges accrued on any unpaid balance owed by Purchaser. Deferment or Cancellation Policy: Order deferment or cancellation once materials have been released will be subject to cancellation and/or restocking fees. Documentation: Any operational documentation supplied as a part of this quotation remains the property of Western Systems and may not be copied, reprod uced, transmitted, or communicated to 3rd parties without the express written consent of Western Systems. On -Site Services: On-site services such as signal or video system turn -on support shall be scheduled three weeks in advance. If services need to be cancelled or postponed, any non -reimbursable travel expenses will be billed to purchaser. This quotation does not provide nor imply any on-site support services unless mentioned specifically herein. If on-site support services are required, and not included as part of this proposed scope of work, please contact Western Systems for a revised quotation. Warranty: Standard one-year warranty on material goods manufactured or supplied by Western Systems from the date of manufacturers factory shipment, un less superseded by an additional manufacturer's warranty, provided such goods are maintained and operated in accordance with manufacturers standard met hod of operation. For additional information on Western Systems warranty, please send an email to info@westernsystems-inc.com. Return and Restocking Policy: Western Systems will be the sole source in determining whether any item is eligible for return. To be eligible the item(s) must be standard product models, new and unused, in the original packaging, and invoiced within the last 90 days. Restocking fees are applied to all returns and c an vary between 20-50% based on annual sales activity. In no case will Western Systems be obligated to take returns for materials, including items that are o bsolete, custom orders, or past the 90 -day invoice period. Delivery Inspection: All materials deliveries must be inspected upon receipt from freight carrier. Any freight damages must be reported to the carrier at the ti me of receipt of goods. Any materials shortages or inaccuracies in shipment must be reported to Western Systems within ten days receipt of goods. Thereafte r, any discrepancies will be considered incidental and the responsibility of the receiver. Force Majeure: Western Systems, Inc. shall in no event be responsible for delays in performance due to actions beyond its reasonable control including with out limitation acts of God, strikes, labor shortage or disturbance, fire, accident, war, civil disturbance, or carrier delays. 2of3 115 Western Systems, Inc. accepts no liability for errors or omissions or the accuracy or the completeness of this quotation. It has been prepared to the best of ou r knowledge per plans, specifications, documentation, and communications provided but we do not guarantee these to be accurate or of the latest revision. D etermination of accuracy of this quotation and final quantities are the sole responsibility of recipient. Western Systems, Inc. shall in no event be liable for any s pecial, consequential, incidental, or liquidated damages (including without limitation damages for loss of use of facilities or equipment, loss of revenue, loss of profits or loss of goodwill), regardless of whether seller (a) has been informed of the possibility of such damages or (b) is negligent. 3 of 116 City of Tukwila 6200 Southcenter Blvd, Tukwila, WA 98188-2544 206-433-1800 VENDOR INFORMATION NAME Western Systems y CONTACTOR Kai Antrim SALESPERSON STREET 1122 IndustryStreet, Bldg. B g' ADDRESSNUMBER PHONE 425-530-9017 CITY/STATE/ZIP Everett/WAI98203 EMAIL ADDRESS kantrim@westernsystems-inc.com PURCHASE INFORMATION PURCHASE ORDER NUMBER PWE12222022-3 DATE 12/13/2022 The PO number is the three -character department code and today's date, in the following format: XXXMMDDYY XXX = Department Code (FIN, PWM, FIR, POL, etc...) MM = Month (01, 02, 11, etc...) DD = Day (01, 21 ,29, 30, etc...) YY = Year (14, 15, etc...) Example: For a Fire PO created on June 1, 2014, the PO number would be: FIR060114 GENERAL LEDGER ACCOUNT PROJECT ACCOUNTING QUANTITY DESCRIPTION FUND DEPT BASUB ELEMENT OBJ SUB -OBJ PROJECT PHASE TASK SUB -TASK I AMOUNT 1 Detection and Pedestrian Equipment $ 38,456.52 Q-06712 (P+ Signal Cabinet) Estimated Shipping 340.00 NOTES 2022 Annual Overlay Program Items Project: JL KEY 80010401-3000156 GL - 104640C-565005 APPROVALS OTHER QUOTES VENDOR (State Contract 04616/CoT K2219) QUOTE DATE VENDOR QUOTE DATE Subtotal $ 38,796.52 Sales Tax 3,884.11 TOTAL $ 42,680.63 PURCHASER/ M. Ronda INITIATED BY DEPARTMENTAL APPROVAL EXECUTIVE APPROVAL (Required if more than $20, 000.00) 117 Western Systems Innovative Transportation Solutions 1122 Industry Street, Bldg. B, Everett, WA 98203 Phone: (425) 438-1133 I Fax: (425) 438-1585 Quotation Date Quote # Rev # 12/20/22 Q-06712 Project Agency: Boeing Fire Signal City of Tukwila, WA Prepared For: To place an order: Contact: Tim Kirkland Phone: (206) 433-1862 Company: City of Tukwila, WA Email: tim.kirkland©tukwilawa.gov Address: Attn: Accounts Payable600 Minkler Boulevard City/State: Tukwila, WA 98188 Contact: Robert Nims Phone: 425-438-1133 Fax: (425) 438-1585 Email: rnims©westernsystems-inc.com *This order is subject to the terms & conditions Qty Part # Description 1 3012500000 ENCLOSURE TYPE P+ ROLLED STOCK (F) ALLEN WRENCH (S) HANDLES (UNFINISHED) 1 2510510013 CONTROLLER CABINET (TS2-1); WESTERN SYSTEMS TYPE P+ 32CH (2019) NOTES WESTERN SYSTEMS CITY OF TUKWILACABINET # EPACP+2061-USSO 0000023381 4 2010000040 RED JUMPERS UNUSED PHASES 1 4050090021 CONTROLLER EPAC M62; ATC / ATC COMM HUB / LINUX CPU / SEPAC LATEST VERSION / 8133-0004-014 1 5010030065 SMART MONITOR (MMU2-16LEIP) 16 CH ENHANCED MMU W/FYA SUPPORT & ETHERNET 1 5070070250 POWER SUPPLY (PS250) SHELF MOUNT (TS2) 5A 2 5060050710 BUS INTERFACE UNIT (BIU700H) (TS2) 1/2W 2 5060050700 BUS INTERFACE UNIT (BIU700) (TS2) 16 5020010620 LOAD SWITCH (SSS871/O) CUBE WITH I/O INDICATORS (PDC) 1 5030010887 FLASHER (SSF87) CUBE (PDC) 6 5040040020 FLASH TRANSFER RELAY 2 5610030006 LOOP AMPLIFIER (ORACLE4EH) 4CH 1/2 WIDTH WITH TIMING AND LCD DISPLAY 2 5610030004 LOOP AMPLIFIER (ORACLE4E) 4CH RACK MOUNT WITH TIMING AND LCD DISPLAY 1 5455050040 OPTICOM (764) PHASE SELECTOR 4CH (INFRARED / GPS) Terms: Freight Terms: Material Lead Time: Net 30 FOB DESTINATION See General Conditions below for exceptions and changes to freight and lead time policies 1 of 4 Subtotal Shipping Tax 10.10% Grand Total $38,456.52 $340.00 $3,884.11 $42,680.63 118 2 of 119 GENERAL CONDITIONS OF SALE All information contained within this quote is valid for 30 days from the date of the quotation. Thereafter, all prices and applicable charges are subject to change. The acceptance of this quotation implies the acceptance of the following terms and conditions which cannot be varied or waived except by express written authorization by a Western Systems representative. These terms govern the sale of goods and services supplied by Western Systems. Differing terms from Buyer in any purchase order or written communication shall not be binding on Western Systems." TERMS AND CONDITION` Purchase Order: All purchases require a formal purchase order. Emails or verbal communication does not constitute an acceptable purchase order. Delivery: Material lead time date is based after the release of the order. During the Covid-19 outbreak, Western Systems lead time dates will be estimates based on our best information available. Clarification on Shipping During Covid-19; FOB Destination and FOB Destination, Prepay & Add terms as quoted imply that the customer will be available to receive material deliveries. Any repeated delivery attempts, trucking reroutes, en route cancellations or product factory returns which incur additional shipping costs shall be billed to the customer will be passed onto the purchaser. Taxes/Fees: Unless current resale certificate is on file with Western Systems, purchaser shall be responsible for all, tariffs, duties or sales or use taxes in addition to the quoted prices herein. Any tax listed is an estimate only. Payment Terms: Payment terms are based on approval of credit. If credit is approved, terms are Net 30 days. Western Systems imposes a surcharge of 2% on the transaction amounts when paying with a Visa or MasterCard. We are unable to accept other credit cards for payment options. All prices are quotes in USD funds. Non -Payment Penalties: If payment has not been received within terms, the purchaser will be considered in default. Western Systems will be entitled, withou t prejudice to our other rights, without serving notice of default, to charge the purchaser for all costs incurred such as administration, storage, legal advice etc. The unpaid portion of any amount due to Western Systems will bear interest at the rate of 1.5% per month simple interest. Western Systems reserves the righ t to hold goods until customer balances their account. Western Systems will not be subject to any project retainage of any kind. Material purchases are due and payable upon receipt. Unpaid balances will be subje ct to Non -Payment Penalties. Collections: Upon Buyer default of these terms, Western Systems may, in addition to any other rights or remedies at contract or law, declare the entire balance of Buyer's account immediately due and payable. If unpaid balance is referred for collections, Buyer agrees to pay Western Systems, to the extent permitted by law, reasonable attorney fees in addition to all damages otherwise available, plus any court costs or expenses incurred by Western Systems, plus any finance charges accrued on any unpaid balance owed by Purchaser. Deferment or Cancellation Policy: Order deferment or cancellation once materials have been released will be subject to cancellation and/or restocking fees. Documentation: Any operational documentation supplied as a part of this quotation remains the property of Western Systems and may not be copied, reprod uced, transmitted, or communicated to 3rd parties without the express written consent of Western Systems. On -Site Services: On-site services such as signal or video system turn -on support shall be scheduled three weeks in advance. If services need to be cancelled or postponed, any non -reimbursable travel expenses will be billed to purchaser. This quotation does not provide nor imply any on-site support services unless mentioned specifically herein. If on-site support services are required, and not included as part of this proposed scope of work, please contact Western Systems for a revised quotation. Warranty: Standard one-year warranty on material goods manufactured or supplied by Western Systems from the date of manufacturers factory shipment, un less superseded by an additional manufacturer's warranty, provided such goods are maintained and operated in accordance with manufacturers standard met hod of operation. For additional information on Western Systems warranty, please send an email to info@westernsystems-inc.com. Return and Restocking Policy: Western Systems will be the sole source in determining whether any item is eligible for return. To be eligible the item(s) must be standard product models, new and unused, in the original packaging, and invoiced within the last 90 days. Restocking fees are applied to all returns and c an vary between 20-50% based on annual sales activity. In no case will Western Systems be obligated to take returns for materials, including items that are o bsolete, custom orders, or past the 90 -day invoice period. Delivery Inspection: All materials deliveries must be inspected upon receipt from freight carrier. Any freight damages must be reported to the carrier at the ti me of receipt of goods. Any materials shortages or inaccuracies in shipment must be reported to Western Systems within ten days receipt of goods. Thereafte r, any discrepancies will be considered incidental and the responsibility of the receiver. Force Majeure: Western Systems, Inc. shall in no event be responsible for delays in performance due to actions beyond its reasonable control including with out limitation acts of God, strikes, labor shortage or disturbance, fire, accident, war, civil disturbance, or carrier delays. 3 of 4 120 Western Systems, Inc. accepts no liability for errors or omissions or the accuracy or the completeness of this quotation. It has been prepared to the best of ou r knowledge per plans, specifications, documentation, and communications provided but we do not guarantee these to be accurate or of the latest revision. D etermination of accuracy of this quotation and final quantities are the sole responsibility of recipient. Western Systems, Inc. shall in no event be liable for any s pecial, consequential, incidental, or liquidated damages (including without limitation damages for loss of use of facilities or equipment, loss of revenue, loss of profits or loss of goodwill), regardless of whether seller (a) has been informed of the possibility of such damages or (b) is negligent. 4 of 4 121 City of Tukwila 6200 Southcenter Blvd, Tukwila, WA 98188-2544 206-433-1800 VENDOR INFORMATION NAME Western Systems y CONTACTOR Kai Antrim SALESPERSON STREET 1122 IndustryStreet, Bldg. B g' ADDRESSNUMBER PHONE 425-530-9017 CITY/STATE/ZIP Everett/WAI98203 EMAIL ADDRESS kantrim@westernsystems-inc.com PURCHASE INFORMATION PURCHASE ORDER NUMBER PWE12222022-4 DATE 12/22/2022 The PO number is the three -character department code and today's date, in the following format: XXXMMDDYY XXX = Department Code (FIN, PWM, FIR, POL, etc...) MM = Month (01, 02, 11, etc...) DD = Day (01, 21 ,29, 30, etc...) YY = Year (14, 15, etc...) Example: For a Fire PO created on June 1, 2014, the PO number would be: FIR060114 GENERAL LEDGER ACCOUNT PROJECT ACCOUNTING QUANTITY DESCRIPTION FUND DEPT BASUB ELEMENT OBJ SUB -OBJ PROJECT PHASE TASK SUB -TASK AMOUNT 1 Detection and Pedestrian Equipment $ 5,717.61 Q-08201 (UPS/ATS/Battery Backup) Estimated Shipping 75.00 NOTES Annual Traffic Signal Program Items Project: JL KEY 80010404-3000156 GL - 104640C-565005 APPROVALS OTHER QUOTES VENDOR (State Contract 04616/CoT K2219) QUOTE DATE VENDOR QUOTE DATE Subtotal Sales Tax TOTAL $ 5,792.61 577.48 $ 6,370.09 PURCHASER/ M.Ronda INITIATED BY DEPARTMENTAL APPROVAL EXECUTIVE APPROVAL (Required if more than $20, 000.00) 122 Western Systems Innovative Transportation Solutions 1122 Industry Street, Bldg. B, Everett, WA 98203 Phone: (425) 438-1133 I Fax: (425) 438-1585 Quotation Date Quote # Rev # 12/20/22 Q-08201 Project Agency: Detection and Pedestrian Equipment KPG Prepared For: To place an order: Contact: Jan Ciganik Phone: (206) 267-1034 Company: City of Tukwila, WA Email: jan@kpg.com Address: Attn: Accounts Payable600 Minkler Boulevard City/State: Tukwila, WA 98188 Contact: Kai Antrim Phone: +1 4255309017 Fax: (425) 438-1585 Email: kantrim@westernsystems-inc.com *This order is subject to the terms & conditions Qty Part # Description 1 8025000115 UPS POWER MODULE HP 1100W W/(6) RELAYS & 120V INPUT/OUTPUT IP/SNMP 1 8025015000 AUTOMATIC TRANSFER SWITCH ASSEMBLY 19" RM WITH SURGE & RECEPTACLES 120VAC (P -PLUS + WSDOT) 1 8025050032 BATTERY CABLE HARNESS KIT 48V 8FT 1/4-20 TERMINALS FXM SERIES W/131N BLK EXT (334/P+) (SOUTHERN CALIFORNIA) 1 8025050037 BATTERY CABLE CONNECTOR (BATTERY SIDE ONLY) 1 8025095500 RBMS; CONTROLLER, SENSOR INT CABLES, (1) CAT5E CBLS, (4) BS3B-12-4-EQ SENSORS (4 BATTERY SYSTEM) 4 8025040085 BATTERY ALPHACELL 240XTV (112AH / 75LB) 1 9780010000 ONSITE TURN -ON ASSISTANCE Terms: Freight Terms: Material Lead Time: Net 30 FOB DstFrt PP&ADD See General Conditions below. for exceptions and changes to. freight and lead time policies Subtotal Shipping Tax 10.10% Grand Total $5,717.61 $75.00 $577.48 $6,370.09 1 of3 123 GENERAL CONDITIONS OF SALE All information contained within this quote is valid for 30 days from the date of the quotation. Thereafter, all prices and applicable charges are subject to change. The acceptance of this quotation implies the acceptance of the following terms and conditions which cannot be varied or waived except by express written authorization by a Western Systems representative. These terms govern the sale of goods and services supplied by Western Systems. Differing terms from Buyer in any purchase order or written communication shall not be binding on Western Systems." Purchase Order: All purchases require a formal purchase order. Emails or verbal communication does not constitute an acceptable purchase order. Delivery: Material lead time date is based after the release of the order. During the Covid-19 outbreak, Western Systems lead time dates will be estimates based on our best information available. Clarification on Shipping During Covid-19; FOB Destination and FOB Destination, Prepay & Add terms as quoted imply that the customer will be available to receive material deliveries. Any repeated delivery attempts, trucking reroutes, en route cancellations or product factory returns which incur additional shipping costs shall be billed to the customer will be passed onto the purchaser. Taxes/Fees: Unless current resale certificate is on file with Western Systems, purchaser shall be responsible for all, tariffs, duties or sales or use taxes in addition to the quoted prices herein. Any tax listed is an estimate only. Payment Terms: Payment terms are based on approval of credit. If credit is approved, terms are Net 30 days. Western Systems imposes a surcharge of 2% on the transaction amounts when paying with a Visa or MasterCard. We are unable to accept other credit cards for payment options. All prices are quotes in USD funds. Non -Payment Penalties: If payment has not been received within terms, the purchaser will be considered in default. Western Systems will be entitled, withou t prejudice to our other rights, without serving notice of default, to charge the purchaser for all costs incurred such as administration, storage, legal advice etc. The unpaid portion of any amount due to Western Systems will bear interest at the rate of 1.5% per month simple interest. Western Systems reserves the righ t to hold goods until customer balances their account. Western Systems will not be subject to any project retainage of any kind. Material purchases are due and payable upon receipt. Unpaid balances will be subje ct to Non -Payment Penalties. Collections: Upon Buyer default of these terms, Western Systems may, in addition to any other rights or remedies at contract or law, declare the entire balance of Buyer's account immediately due and payable. If unpaid balance is referred for collections, Buyer agrees to pay Western Systems, to the extent permitted by law, reasonable attorney fees in addition to all damages otherwise available, plus any court costs or expenses incurred by Western Systems, plus any finance charges accrued on any unpaid balance owed by Purchaser. Deferment or Cancellation Policy: Order deferment or cancellation once materials have been released will be subject to cancellation and/or restocking fees. Documentation: Any operational documentation supplied as a part of this quotation remains the property of Western Systems and may not be copied, reprod uced, transmitted, or communicated to 3rd parties without the express written consent of Western Systems. On -Site Services: On-site services such as signal or video system turn -on support shall be scheduled three weeks in advance. If services need to be cancelled or postponed, any non -reimbursable travel expenses will be billed to purchaser. This quotation does not provide nor imply any on-site support services unless mentioned specifically herein. If on-site support services are required, and not included as part of this proposed scope of work, please contact Western Systems for a revised quotation. Warranty: Standard one-year warranty on material goods manufactured or supplied by Western Systems from the date of manufacturers factory shipment, un less superseded by an additional manufacturer's warranty, provided such goods are maintained and operated in accordance with manufacturers standard met hod of operation. For additional information on Western Systems warranty, please send an email to info@westernsystems-inc.com. Return and Restocking Policy: Western Systems will be the sole source in determining whether any item is eligible for return. To be eligible the item(s) must be standard product models, new and unused, in the original packaging, and invoiced within the last 90 days. Restocking fees are applied to all returns and c an vary between 20-50% based on annual sales activity. In no case will Western Systems be obligated to take returns for materials, including items that are o bsolete, custom orders, or past the 90 -day invoice period. Delivery Inspection: All materials deliveries must be inspected upon receipt from freight carrier. Any freight damages must be reported to the carrier at the ti me of receipt of goods. Any materials shortages or inaccuracies in shipment must be reported to Western Systems within ten days receipt of goods. Thereafte r, any discrepancies will be considered incidental and the responsibility of the receiver. Force Majeure: Western Systems, Inc. shall in no event be responsible for delays in performance due to actions beyond its reasonable control including with out limitation acts of God, strikes, labor shortage or disturbance, fire, accident, war, civil disturbance, or carrier delays. 2 of 3 124 Western Systems, Inc. accepts no liability for errors or omissions or the accuracy or the completeness of this quotation. It has been prepared to the best of ou r knowledge per plans, specifications, documentation, and communications provided but we do not guarantee these to be accurate or of the latest revision. D etermination of accuracy of this quotation and final quantities are the sole responsibility of recipient. Western Systems, Inc. shall in no event be liable for any s pecial, consequential, incidental, or liquidated damages (including without limitation damages for loss of use of facilities or equipment, loss of revenue, loss of profits or loss of goodwill), regardless of whether seller (a) has been informed of the possibility of such damages or (b) is negligent. 3 of 3 125