HomeMy WebLinkAboutSpecial 2023-01-23 Item 2F - Grant Agreement - 42nd Avenue South Raised Crosswalk with WA State Transportation Improvement Board Active Transportation Program for $175,000 (Local Match $75,000)COUNCIL AGENDA SYNOPSIS
Initials
Meeting Date
Prepared by
Mayor's review
Council review
01/23/23
JR
ITEM INFORMATION
ITEM NO.
Spec 2.F.
99
STAFF SPONSOR: BRITTANY ROBINSON
ORIGINAL AGENDA DATE: 01/23/23
AGENDA ITEM TITLE 42nd
TIB
Active
Ave S Raised Crosswalk Project
Transportation Program Grant Award
CATEGORY ❑ Discussion
Mtg Date
Motion
Date 01/23/23
❑ Resolution
Mtg Date
❑ Ordinance
Mtg Date
❑ Bid Award
Mtg Date
❑ Public Hearing
Mtg Date
❑ Other
Mtg Date
11
Mtg
SPONSOR ❑Council Mayor HR DCD Finance ❑Fire TS P&R ❑Police PIF Court
SPONSOR'S The City recently received notification that it was awarded Active Transportation Program
SUMMARY funding for both design and construction of the 42nd Ave S Raised Crosswalk Project. The
program funds are necessary to improve safety, calm traffic, and enhance pedestrian
mobility which are safety concerns on 42nd Ave S. 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.
REVIEWED BY
Trans&Infrastructure
❑ CommunitySvs/Safety ❑ Finance Comm. ❑ Planning/Economic Dev.
❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
COMMITTEE CHAIR: TOSH SHARP
❑ LTAC
DATE: 01/17/23
RECOMMENDATIONS:
SPONSOR/ADMIN.
COMMITTEE
Public Works Department
Unanimous Approval; Forward to the Special Consent Agenda
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$175,000 $0.00 $0.00
Fund Source: GRANT AWARD, CITY MATCH
Comments: 2023 CIP Page 2
MTG. DATE
RECORD OF COUNCIL ACTION
MTG. DATE
ATTACHMENTS
01/23/23
Informational Memorandum dated 01/13/23
2023 CIP Page 2
Grant Award
Minutes from Transportation and Infrastructure Committee meeting of 01/17/23
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100
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
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102
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
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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
GregA@TIB.wa.gov.
Sincerely,
Avidg 1346.4t-•
Ashley Probart
Executive Director
Enclosures
Investing in your local community
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106
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
107
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
108
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
109
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
110
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
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City of Tukwila
City Council Transportation & Infrastructure Services Committee
Meeting Minutes
January 17, 2023 5:30 p.m. - Hybrid Meeting; Duwamish Conference Room & MS Teams
CouncilmembersPresent: Mohamed Abdi, Acting Chair; Kate Kruller
Staff Present: David Cline, Hari Ponnekanti, Griffin Lerner, Brittany Robinson, Seong
Kim, Cody Lee Gray, Mike Ronda, Bryan Still, Joshua Hartley, Cyndy
Knighton
Guests: Laura Maman, Miller Hiyashi Architects; John Palewicz, PMQA Consultant;
Justine Kim, Shiels Obletz Johnsen
Acting Chair Abdi called the meeting to order at 5:30 p.m.
I. BUSINESS AGENDA
A. Public Works Campus Phase 2 Update
Staff presented the update, focusing on comparative cost estimates for adapting the existing
building versus new construction.
Items for follow-up:
Provide more information comparing the required upgrades on the UPS building to
improvements performed on the Fleet & Facilities Building.
Committee Recommendation
Discussion only.
B. Grant Award: 42nd Avenue South Raised Crosswalk Project
Staff is seeking Council approval to accept a Transportation Improvement Board Active
*Transportation Program grant in the amount of $175,000 for the project.
Committee Recommendation
Unanimous approval. Forward to January 23, 2023 Special Consent Agenda.
C. Grant Award: Nelsen Side Channel Project
Staff is seeking Council approval to accept a Recreation and Conservation Salmon Recovery
Fund Board grant in the amount of $100,000 for the project.
Committee Recommendation
Unanimous approval. Forward to January 23, 2023 Special Consent Agenda.
D. Grant Application: Strander Boulevard Extension Phase 3 Project
Staff is seeking direction on whether to reapply to the Rebuilding American Infrastructure
with Sustainability & Equity grant program for this project.
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