HomeMy WebLinkAboutReg 2024-03-04 Item 4C - Grant Agreement - Southcenter Boulevard / 65th Avenue South Signal with Transportation Improvement Board for $782,090 (Local Match $400,000)COUNCIL AGENDA SYNOPSIS
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Meeting Date
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Council review
03/04/24
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ITEM INFORMATION
ITEM No.
4.C.
STAFF SPONSOR: CATRIEN DE BOER
ORIGINAL AGENDA DATE: 03/04/24
AGENDA ITEM TITLE Southcenter Boulevard & 65th Avenue South Signal
TIB Urban Arterial Program Grant Award
CATEGORY ❑ Discussion
Mtg Date
11
Motion
Date
❑ Resolution
Mtg Date
❑ Ordinance
Mt Date
❑ Bid Award
Mtg Date
❑ Public Hearing
Mt Date
❑ Other
Mtg Date
Mtg
03/04/24
SPONSOR ❑Council ❑Mayor HR DCD ❑Finance Fire IS P&R ❑Police P1F Court
SPONSOR'S In August 2023, staff submitted an application to the Urban Arterial Program (UAP) to fund
SUMMARY the construction of the Southcenter Blvd and 65th Ave S signal. Council approved a
contract with KPG, Psomas, to complete the preliminary engineering/design for this project
using CIP funds. In December, staff was notified that we received the full grant award for
$782,090. Council is being asked to accept the UAP grant award for the construction of the
Southcenter Blvd and 65th Ave S signal in the amount of $782,090.
REVIEWED BY
Trans&Infrastructure
❑ CommunitySvs/Safety ❑ Finance Comm. ❑ Planning/Economic Dev.
❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
02/26/24 COMMITTEE CHAIR: ARMEN PAPYAN
❑ LTAC
DATE:
RECOMMENDATIONS:
SPONSOR/ADMIN.
COMMITTEE
Public Works Department
Unanimous Approval; Forward to the Regular Consent Agenda
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$782,090.00 $0.00 $0.00
Fund Source: GRANT AWARD
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
MTG. DATE
ATTACHMENTS
03/04/24
Informational Memorandum dated 02/23/24
2023 CIP, page 19
Project Map and Photos
Grant Agreement
Minutes from Transportation and Infrastructure Committee meeting of 02/26/24
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City of Tukwila
Public Works Department - Hari Ponnekanti, Director/City Engineer
Thomas McLeod, Mayor
INFORMATIONAL MEMORANDUM
TO: Transportation and Infrastructure Services Committee
FROM: Hari Ponnekanti, Public Works Director/ City Engineer
BY: Catrien de Boer, Grant Analyst
CC: Mayor Thomas McLeod
DATE: February 23rd, 2023
SUBJECT: Southcenter Boulevard & 65th Avenue South Signal
Project No. 90310404
TIB Urban Arterial Program Grant Award
ISSUE
Accept a Transportation Improvement Board (TIB) Urban Arterial Program (UAP) grant award for $782,090 to fund
the construction of the Southcenter Boulevard and 65th Avenue S Signal.
BACKGROUND
In 2016, a signal warrant analysis was completed at two intersections with Southcenter Boulevard: 65th Avenue S
and 62nd Avenue S. While both intersections met the criteria for signalization, the recommendation was to prioritize
the signal at the intersection of 65th Avenue S. A signal at 65th Avenue S is anticipated to also regulate operations at
62nd Avenue S as well as the speeds along Southcenter Boulevard. In 2021, this project was added to the Traffic
Impact Fee list.
DISCUSSION
In August 2023, staff submitted an application to the UAP to fund the construction of the Southcenter Blvd and 65th
Ave S signal. In early December, the Council approved a contract with KPG, Psomas, to complete the preliminary
engineering/design for this project using CIP funds. In mid -December, staff was notified that we received the full
grant award for $782,090 to fund the construction of this project.
FINANCIAL IMPACT
The City was awarded a $782,090 grant from the TIB for the construction of the Southcenter/65th Ave S signal. The
grant requires a 33.8% local city match, which is $400,000. The project CIP budget, which comes from Traffic Impact
Fees, is sufficient to cover the match.
TIB Grant Award
City Match
Total
Project Budget
$782,090
$400,000
$1,182,090
Fund Source
Traffic Impact Fees
RECOMMENDATION
Council is being asked to accept an Urban Arterial Program grant award for the construction of the Southcenter Blvd
and 65th Ave S signal in the amount of $782,090 and consider this item on the Consent Agenda at the March 4th,
2024 Regular Council Meeting.
Attachments:
2023 CIP, page 19
Project Map and Photos
Grant Agreement
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CITY OF TUKWILA CAPITAL PROJECT SUMMARY
2023 to 2028
PROJECT: Southcenter Blvd/65th Ave S Signal Project No. 90310404
DESCRIPTION: Design and construct a traffic signal at the Southcenter Boulevard/65th Avenue S intersection.
JUSTIFICATION: The intersection experiences significant delay for southbound left turn movements during the PM Peak Hour.
Signal warrants have been met.
STATUS: New project for 2021-2026 CIP.
MAINT. IMPACT: Ongoing annual maintenance.
COMMENT: Project on Traffic Impact Fee list.
FINANCIAL Through Estimated
(in $000's)
2021 2022 2023
2024
2025
2026
2027
2028
BEYOND TOTAL
EXPENSES
Design
100
100
200
Land(R/W)
0
Const. Mgmt.
100
100
Construction
800
800
TOTAL EXPENSES
0
0
100
1,000
0
0
0
0
0
1,100
FUND SOURCES
Awarded Grant
0
Proposed Grant
500
500
Mitigation Actual
0
Traffic Impact Fees
100
500
600
City Oper. Revenue
0
0
0
0
0
0
0
0
0
0
TOTAL SOURCES
0
0
100
1,000
0
0
0
0
0
1,100
Project Location
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Southcenter Blvd/65th Ave 5 Signal Facing North
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Southcenter Blvd/65th Ave 5 Signal Facing South
9
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Southcenter Blvd/65th Ave S Signal Facing East at the Bus Stop
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Washington State Transportation Improvement Board 8-1-116(014)-1
Fuel Tax Grant Agreement
City of Tukwila
8-1-116(014)-1
Southcenter Boulevard Signal
65th Avenue S
STATE OF WASHINGTON
TRANSPORTATION IMPROVEMENT BOARD
AND
City of Tukwila
AGREEMENT
THIS GRANT AGREEMENT (hereinafter "Agreement") for the Southcenter Boulevard Signal,
65th Avenue S (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 66.1616 percent of approved eligible project costs
up to the amount of $782,090, 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
13
Washington State Transportation Improvement Board 8-1-116(014)-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
14
Washington State Transportation Improvement Board 8-1-116(014)-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
15
Washington State Transportation Improvement Board 8-1-116(014)-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
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Washington State Transportation Improvement Board 8-1-116(014)-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
February 26, 2024, 5:30 p.m. - Hybrid Meeting; Duwamish Conference Room & MS Teams
Councilmembers Present: Armen Papyan, Chair; Dennis Martinez, Hannah Hedrick
Staff Present: Hari Ponnekanti, Catrien de Boer, Seong Kim, Brandon Miles, Adib Altallal,
Sherry Edquid, Mike Perfetti, Bryan Still, Griffin Lerner
Chair Papyan called the meeting to order.
I. BUSINESS AGENDA
A. Brixx Development Contract Turnovers and Statutory Warranty Deed
Staff is seeking approval to accept turnover of sidewalks and storm drainage improvements
and dedication of right-of-way from Tukwila SSP, LLC for the Brixx Storage Facility.
Committee Recommendation
Unanimous approval. Forward to March 4, 2024 Regular Consent Agenda.
B. Grant Acceptance: Nelsen Side Channel and Park Acquisition Project
Staff is seeking approval of two amendments to the Conservation Futures Interlocal
Cooperation Agreement with King County to capture policy -related changes and provide
grant funding for the Nelsen Side Channel and Duwamish Hill Preserve projects.
Committee Recommendation
Unanimous approval. Forward to March 4, 2024 Regular Consent Agenda.
C. Grant Acceptance: Nelsen Habitat Side Channel and "Green the Green" Phase 4
Staff is seeking approval to accept a King County Cooperative Watershed Management 2023
grant award including $200,000 for the Nelsen Salmon Habitat Side Channel project and
$40,000 for the "Green the Green" project.
Committee Recommendation
Unanimous approval. Forward to March 4, 2024 Regular Consent Agenda.
D. Grant Acceptance: Southcenter Boulevard & 65th Avenue South Signal
Staff is seeking approval to accept a Transportation Improvement Board Urban Arterial
Program grant award for $782,090 for construction of signal.
Item for follow-up:
Provide a map of the Transportation Impact Fee zones
Committee Recommendation
Unanimous approval. Forward to March 4, 2024 Regular Consent Agenda.
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