HomeMy WebLinkAboutReg 2025-06-02 Item 5H - Contract - Bus Stop Upgrade at 65th Ave & Southcenter Blvd with King County for $216,252COUNCIL AGENDA SYNOPSIS
Initials
Meeting Date
Prepared by
Mayar's review
Council review
06/02/25
JR
ITEM INFORMATION
ITEM No.
5.H.
STAFF SPONSOR: ADAM COX
ORIGINAL AGENDA DATE: 06/02/25
AGENDA ITEM TITLE 65th Ave & Southcenter Blvd Signal Improvements
King County Metro Contract
CATEGORY ❑ Discussion
Mtg Date
0
Motion
Date 6/2/25
❑ Resolution
Mtg Date
❑ Ordinance
Mtg Date
❑ Bid Award
Mtg Date
❑ Public Hearing
Mtg Date
❑ Other
Mtg Date
Mtg
SPONSOR ❑Council ❑Mayor HR ❑DCD Finance Fire ❑11 _S' ❑PeR ❑Police IIPr ❑Court
SPONSOR'S In July 2024, Psomas began coordination design work with King County Metro on an
SUMMARY improvement to the bus stop located on the south side of Southcenter Blvd and 65th Ave
intersection. This resulted in a contract between Tukwila and King County Metro for
construction cost sharing to upgrade the bus stop at the intersection. Currently the bus
stop blocks the crosswalk for pickup and dropoffs. The new design will correct that. Council
is being asked to authorize the Mayor to execute the contract, pending legal review.
REVIEWED BY
A Trans&Infrastructure
CommunitySvs/Safety
❑ Arts Comm.
05/28/2025
Finance
Parks
Comm. ❑ Planning/Economic Dev.
Comm. ❑ Planning Comm.
CHAIR: JOVITA MCCONNELL
❑ LTAC
DATE:
COMMITTEE
RECOMMENDATIONS:
SPONSOR/ADMIN.
Comm'
Public Works Department
IEE Unanimous Approval; Forward to the Regular Consent Agenda
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$363,842.50 $0.00 $0.00
Fund Source: TIB GRANT AND KING COUNTY METRO REIMBURSMENT
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
06/02/25
MTG. DATE
ATTACHMENTS
06/02/25
Informational Memorandum dated 05/23/25
2025 CIP, Page 36
County Metro Agreement for Services and Construction
Minutes from Transportation and Infrastructure Committee meeting of 05/28/25
(to be provided separately)
63
City of Tukwila
Thomas McLeod, Mayor
Public Works Department - Pete Mayer, Interim Director
TO: Transportation and Infrastructure Services Committee
FROM: Pete Mayer, Interim Public Works Director
BY: Adam Cox, Interim Traffic Engineer
CC: Mayor Thomas McLeod
DATE: May 23, 2025
SUBJECT: 65' Ave & Southcenter Blvd Signal Improvements
Project No. 91610411
King County Metro Contract
ISSUE
Enter into an agreement for services and construction with King County Metro for the construction
cost sharing to upgrade the bus stop at the intersection.
BACKGROUND
In July 2024, Psomas began coordination design work with King County Metro on an improvement
to the bus stop located on the south side of Southcenter Blvd and 65' Ave intersection.
Negotiations between Tukwila staff and King County Metro resulted in the attached contract.
DISCUSSION
The cost to upgrade the bus stop is split between King County Metro and Tukwila. With the current
bus stop configuration, the bus blocks the crosswalk when it picks up or drops off riders. The new
designed bus stop will allow the passengers to board and depart when the bus is stopped at the
signal. The bus stop will also allow pedestrians access to the crosswalk when the bus/traffic is
stopped.
FINANCIAL IMPACT
The total cost to construct the bus stop is $363,842.50 based on the design costs, contractor's bid
submittal, 5% contingency, and 20% construction management. The contracted reimbursement
amount from King County Metro is $216,252. The remaining $147,590.22 will be grant awarded
by the Transportation Improvement Board (TIB).
Metro Bus Stop Improvements
TIB Grant $147,590.22
King County Metro $216,252.28
Total $363,842.50
RECOMMENDATION
Council is being asked to authorize the Mayor to execute the contract, pending legal review, and
consider this item at the June 02, 2025 Regular Meeting on the Consent Agenda.
Attachments:
2025 CIP, Page 36
DRAFT King County Metro Agreement for Services and Construction
Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov
64
2025 - 2026 Biennial Budget City of Tukwila, Washington
CITY OF TUKWILA CAPITAL PROJECT SUMMARY
2025 to 2030
PROJECT: Southcenter Blvd/65th Ave S Signal
Project # 921 10402
Project Manager Cyndy Knighton
Department Arterial Streets
DESCRIPTION:
Design and construct a traffic signal at the Southcenter Boulevard/65th Avenue S intersection.
JUSTIFICATION:
i ne intersection experiences signiricant dewy tor soutnoouna sett turn movements during the NM Neak hou
Signal warrants have been met.
MAINTENANCE IMPACT:
COMMEN
Design underway
Streets responsible
Project on
in 2024
for annual signal maintenance
Traffic Impact Fee list.
and operation.
FINANCIAL (in thousands)
2025
2026
2027
2028
2029
2030
Beyond
TOTAL
Project Costs
Project Mgmt (Staff Time/Cost)
Construction Mgmt.
Construction
Contingency
$ 26
$ 160
$ 904
$ 118
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ 26
$ 160
$ 904
$ 118
Total Project Costs
$ 1,208
$ -
$ -
$ -
$ -
$ -
$ -
$ 1,208
Project Funding
Awarded Grant
Fund Balance
$ 782
$ 426
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ 782
$ 426
Total Project Funding
$ 1,208
$ -
$ -
$ -
$ -
$ -
$ -
$ 1,208
Return to CIP TOC
36 65
FUNDING AGREEMENT
This Agreement (Agreement) is made by and between the City of Tukwila ("City") and King
County, a political subdivision of the State of Washington, a home rule charter county, and
legal successor in interest to the Metropolitan Municipality of Seattle, which provides a
regional system of public transportation pursuant to Chapter 35.58 RCW, Chapter 36.56
RCW, and other authorities (the "County" or "Metro"). These entities may be referred to
individually as "Party" or collectively as the "Parties."
RECITALS
A. The City is making roadway and signal improvements at the intersection of
Southcenter Blvd and 65th Ave S. This project is directly adjacent to RapidRide bus
stop #58104, which serves Route 150 and Rapid Ride F Line.
B. Bus stop #58104 currently provides front door service only and requires buses to
block a crosswalk while serving transit customers. The existing design does not align
with Metro's Transit Facilities Guidelines and lacks sufficient lighting for visibility,
especially in the early morning and evenings.
C. Metro provides lighting at bus stops, especially those with shelters, to address safety
concerns for transit riders.
D. Metro has requested that the City make transit infrastructure improvements to bus
stop #58104 as part of the City's roadway and signal improvement project, including
an extension to the existing loading zone and a hardwired power connection to
facilitate shelter lighting.
E. Providing a hard -wired power connection to bus stop #58104 requires connecting to a
Puget Sound Energy (PSE) vault approximately 100 feet north of the shelter.
F. Partnering to improve the bus loading zone and provide this hardwired power
connection as part of improvements is cost-effective, sustainable, and avoids potential
future construction disruptions.
G. Upon completion of the design phase of the roadway and signal improvement project,
the City will hire a contractor to construct the street improvements. Work outlined in
this Agreement will be completed by that contractor.
NOW, THEREFORE, in consideration of the mutual promises and other
undertakings by and between the Parties and set forth in this Agreement, the sufficiency of
which is hereby acknowledged, the Parties agree as follows:
AGREEMENT
1. Term
This Agreement shall take effect once executed by the Parties ("Effective Date") and
shall remain in effect until December 31, 2025. In addition, this Agreement also applies
1
66
to costs incurred and actions taken prior to the "Effective Date" that specifically fall
within the terms of this Agreement.
2. Responsibilities
2.1. Metro Responsibilities
i. Metro will reimburse the City up to a not -to -exceed dollar amount of
$216,252 for greater than 50% of the expenses incurred by the City
to reconstruct existing bus stop #58104 and install a hardwired
electrical connection for Metro bus shelter lighting. Please see
Attachment D for a cost break down.
ii. The specific elements required for this electrical connection are
described in the finalized plan set (Attachment A), Schedule B
Contractors Estimate (Attachment B), and Chapter 8.20 in the
Special Provisions (Attachment C).
iii. Upon written approval from the County, the contractor may change
the project budget, within ten percent of the total budget, without
requiring an official contract amendment.
2.2. City Responsibilities:
i. The City will be responsible for completion of the work described in
Attachment A and Schedule B of Attachment B ("Work") and all
associated attachments, including design, permitting, and
construction of the bus stop improvements and hardwired electrical
connection.
ii. The City will hire a contractor, an entity for which the City directs
all Work.
iii. During construction of the Work, Metro has the right to inspect and
review of design, permits, and final built elements. Any comments
Metro provides at each stage must be mutually resolved by the
Parties within ten (10) business days.
iv. Once the footings, conduit, handholes, and power pedestal are
installed, the City will ensure the conductors between the PSE vault
and the power pedestal have been installed.
v. The City will ensure the conductors are left coiled in the power
pedestal, but a pull -tape connected to these conductors will be run
through the conduit running between the power pedestal and the
shelter footing.
vi. The City will restore the concrete between the bus shelter at bus stop
#58104 and the PSE vault after completing the hard -wired power
connection.
2
67
vii. Within 30 days of completion of the Work, the City will submit an
invoice for this Work to Metro. The invoice will cover actual costs
incurred and will provide documentation to Metro including receipts
from licensed contractors for labor and materials purchased solely
for the approved electrical construction work. The City labor costs
for project oversight and administration will be excluded. Any
project implementation costs above the not -to -exceed amount listed
in Section 2.1(i) will be the sole responsibility of the City. Invoices
resulting from this project agreement should be addressed to the
KCM project contact, Michael Harpool, and should be sent
electronically. Invoices should reference KCM project #1139392 to
aid in tracking and timely processing.
3. Dispute Resolution.
3.1 The Parties agree to negotiate in good faith to resolve any disputes arising
under this Agreement. The Parties shall designate representatives for purposes
of managing this Agreement and the dispute resolution process under this
Section 3. The Parties' Agreement administrators are the persons identified in
Section 8 to receive notice for Metro or the City or such other persons as they
may designate in writing. Except as otherwise provided in this Agreement, the
Parties shall use the following dispute resolution process:
Step One:
Step Two:
The Parties' Agreement administrators shall confer and attempt to
resolve the dispute within ten (10) business days of written notification
by any Party.
If the Agreement administrators are unable to resolve the dispute
within ten (10) business days, any Party may refer the dispute to the
King County Metro Transit Division Director or designee and the
superior to the contract administrator for the City.
3.2 No Party may seek relief in a court of law until and unless the two-step
process in Paragraph 4.1 is completed in good faith.
3.3 If the Parties cannot resolve the dispute using the process in Section 4.1, the
Parties may, by agreement, submit the matter to non -binding mediation. The
Parties shall share equally in the cost of the mediation. If additional parties
participate in the mediation then each participant shall pay a share of the cost
of the mediation, such share to be calculated by dividing the total cost of the
mediation by the number of parties participating. Mediation shall not be a
prerequisite to litigation.
3.4 The Parties agree that during any conflict or dispute resolution process they
shall continue to diligently perform their respective responsibilities under this
Agreement.
3
68
4. No Preclusion of Separate but Related Activities or Projects
Nothing in this Agreement shall preclude any Party from choosing or agreeing to fund or
implement any work activities or projects associated with any of the purposes hereunder by
separate agreement or action, provided that any such decision or agreement shall not impose
any funding, participation, or other obligation of any kind on the other Parties.
5. Hold Harmless and Indemnification
To the extent permitted by state law, and for the limited purposes set forth in this Agreement,
each Party shall protect, defend, hold harmless, and indemnify the other Parties, their
officers, elected officials, agents and employees, while acting within the scope of their duties
as such, from and against any and all claims (including demands, suits, penalties liabilities,
damages, costs, expenses, or losses of any kind or nature whatsoever) ("Damages") resulting
from such Party's own negligent acts or omissions related to such Party's participation and
obligations under this Agreement. Each Party agrees that its obligations under this subsection
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 Party, by mutual negotiation, hereby waives,
with respect to the other Party only, any immunity that would otherwise be available against
such claims under the industrial insurance act provision of Title 51 RCW. The Parties
acknowledge that this Section 5 was expressly negotiated and agreed to by them. The
provisions of this Section 5 shall survive and continue to be applicable to any Party
exercising the right of termination pursuant to Section 10.
6. Insurance Requirements.
6.1 The City must procure and maintain for the duration of this Agreement insurance
against claims for injuries to persons or damages to property which may arise
from or in connection with the Work, by its agents, representatives,
subconsultants, employees, or subcontractors. The cost of such insurance must be
paid by the City or its contractors.
6.2 Minimum Insurance shall meet or exceed the following:
6.2.1 Commercial General Liability coverage with limits not less than
$1,000,000 per occurrence / $2,000,000 annual aggregate.
6.2.2 Commercial Automobile Liability coverage with limits not less than
$1,000,000 per accident for any auto.
6.2.3 Stop Gap/Employer's Liability coverage with limits not less than
$1,000,000 per accident/disease.
6.2.4 Workers' Compensation coverage as required by the Industrial
Insurance Laws of the State of Washington.
6.3 Additional Insurance:
6.3.1 Consultant's Errors & Omissions or Professional Liability with limits
not less than $1,000,000 per claim and as an annual aggregate.
4
69
1
6.4 Other Provisions
6.4.1 Commercial General Liability and Automobile Liability policies shall
be endorsed to include the County, its officials, employees and
volunteers and the County, its officers, officials, employees, and
agents as additional insureds for full coverage and policy limits,
6.4.2 Provide that such insurance shall be primary as respects any insurance
or self-insurance maintained by the County,
6.4.3 Consultant or its Insurance Agent/Broker must notify the County of
any cancellation, or reduction in coverage or limits, of any insurance
within seven (7) days of receipt of insurers' notification to that effect.
6.5 Acceptability of Insurers. Insurance shall be placed with insurers with a rating of
A or better.
6.6 Verification of Coverage. Consultant shall furnish the County with certificates of
insurance required by this clause. The certificates are to be received and approved
by the County before Work commences. The County reserve the right to require
complete, certified copies of all required insurance policies at any time.
6.7 Subcontractors. Consultant shall require subconsultants to provide coverage
which complies with the requirements stated herein.
7. Notice; Designation of Agreement Administrators; Signature Authority
7.1 Any notice permitted or required to be given by any Party shall be given in
writing and may sent by certified United States mail, with return receipt
requested, properly addressed, postage prepaid; or by reputable overnight
delivery service; or by personal service. Notice shall be deemed given two (2)
days after deposit in the U.S. mail as specified in the preceding sentence; or
upon delivery (or refusal of delivery) by an overnight delivery service or by
personal service. Notwithstanding anything in this Section 8 to the contrary, a
Party may provide notice by email or other electronic means with delivery
confirmation or read receipt (or both) but the Party providing electronic notice
shall bear the burden to prove the date that notice was delivered.
7.2 All notices, invoices, correspondence, or other materials, including Dispute
Resolution Notices, shall be given to the Agreement administrators
electronically. A Party may change their Agreement administrators by
providing notice to the other Party. The initial Agreement administrators are
as follows:
Michael Harpool
Metro Transit Department
5
70
201 S. Jackson St. -0413
Seattle, WA
206-477-1686
mharpool@kingcounty.gov
Contact Name
The City of Tukwila
6200 Southcenter Blvd
Tukwila, WA 98188
Contact Phone
Contact Email
8. Records and Audit
8.1 For a period not less than six (6) years from the date of completion of the
Work or for such retention period as may be required by law, whichever is
longer, records and accounts pertaining to the Work of this Agreement shall
be kept available for inspection and audit by representatives of the Parties.
Copies of the records shall be furnished upon request. Records and accounts
shall be maintained in accordance with applicable state law and regulations.
9. Extension; Amendments.
9.1 The Parties may agree in writing to extend or renew the term of this
Agreement at any time prior to its expiration date as specified in Section 1.
Such a change must be added as an amendment to the Agreement at which
time an extension or renewal of the Agreement is enacted.
9.2 This Agreement may only be amended or extended by the mutual written
consent of all Parties.
10. Termination
10.1 This Agreement can only be terminated by mutual written agreement of the
Parties.
10.2 The County reserves its right to reallocate funds from this Agreement to other
County project(s) if invoices for Work are not received 120 days after final
completion or the Work is on hold more than 18 months. Prior to reallocation
of funds, the County must provide 30 days written notice to the City of any
proposed reallocation of County funds to allow time to request payment of
outstanding project expenses.
11. General Terms and Conditions
6
71
Entire Agreement; Recitals and Exhibits Incorporated. The Recitals and
Exhibits to this Agreement are incorporated as if fully set forth herein. This
document contains all of the terms, conditions, and provisions agreed upon by
the Parties hereto, and shall not be modified except by written amendment.
There are no other agreements between the Parties with respect to the matters
described herein, whether in writing or otherwise, and all prior agreements
and understandings are superseded with respect to the subject matter of this
Agreement.
11.2 Legal Relations. This Agreement is solely for the benefit of the Parties hereto
and creates no right, duty, privilege, or cause of action in any other person or
entity not a party to it. No joint venture or partnership is formed as result of
this Agreement. No employees or agents of one Party or its contractors shall
be deemed, or represent themselves to be, employees of the other Party.
11.3 Compliance with Laws. The Parties shall comply and shall insure that their
respective contractors and subcontractors comply, with all Federal, state, and
local laws, regulations, and ordinances applicable to the Work to be performed
under this Agreement, including but not limited to prevailing wages
requirements under Chapter 39.12 RCW.
11.4 Remedies Cumulative. The Parties' rights and remedies in this Agreement are
in addition to any other rights and remedies provided by law or equity.
11.5 Nonwaiver. A Party's failure to require full and timely performance of any
provision of this Agreement at any time shall not waive or reduce that Party's
right to insist upon complete and timely performance of any other provision
thereafter.
11.6 Choice of Law; Venue. Any and all claims relating to this Lease shall be
governed by and construed in accordance with the substantive and procedural
laws of the State of Washington without giving effect to its conflicts of law
rules or choice of law provisions. The sole and exclusive venue for any legal
action arising from or related to this Lease shall be in the Superior Court of
King County, Washington; and the Parties hereby agree to the personal
jurisdiction of such court.
11.7 Legal Fees. In any lawsuit between the Parties with respect to the matters
covered by this Agreement, the prevailing party shall be entitled to its
reasonable attorney's fees, costs and expenses to be paid by the other Party, in
addition to any other relief it may be awarded.
11.8 Survival. The provisions of Section 5 (Indemnity) and this Section 11 shall
survive the expiration or earlier termination of this Agreement.
7
72
11.9 Severability. If any term of this Agreement is to any extent illegal, otherwise
invalid, or incapable of being enforced, such term shall be excluded to the
extent of such invalidity or unenforceability; all other terms hereof shall
remain in full force and effect; and, to the extent permitted and possible, the
invalid or unenforceable term shall be deemed replaced by a term that is valid
and enforceable and that comes closest to expressing the intention of such
invalid or unenforceable term.
11.10 No Expenditure In Excess of Appropriation. Nothing in this Agreement shall
be construed as obligating any Party to expend money in excess of
appropriation authorized by law and administratively allocated for the Work
in this Agreement.
11.11 No Assignment. Neither this Agreement nor any of the rights or obligations
of any of the Parties arising under this Agreement may be assigned, without
the other Parties' prior written consent. Subject to the foregoing, the
Agreement will be biding upon, enforceable by, and inure to the benefit of the
Parties and their successors and assigns.
11.12 No Third -Party Beneficiaries. There are no third -party beneficiaries to this
Agreement, and this Agreement shall not impart any rights enforceable by any
person or entity that is not a party hereto.
11.13 Counterparts. This Agreement may be executed by facsimile or any other
electronically reproduced signature that is consistent with Chapter 19.360
RCW in any number of current parts and signature pages hereof with the same
effect as if all Parties had all signed the same document. All executed current
parts shall be construed together, and shall, together with the text of this
agreement, constitute one and the same instrument.
11.14 Force Majeure. Any Party shall be excused from performing its obligations
under this Agreement during the time and to the extent that it is prevented
from performing by a cause beyond its control, including, but not limited to:
any incidence of fire, flood, earthquake or acts of nature; strikes or labor
actions commandeering material, products, or facilities by the federal, state or
local government; when satisfactory evidence of such cause is presented to the
other Party, and provided further that such non-performance is beyond the
control and is not due to the fault or negligence of the Party not performing
Upon any force majeure, all Parties may jointly elect to terminate this
Agreement or suspend work upon written notice. In no event should this
provision eliminate the need to make any payment to either Party to the extent
any such payment is required pursuant to this Agreement.
[Signatures -Proceed to Next Page]
8
73
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date
affixed to their signatures.
KING COUNTY
Approved as to Form By:
Date
King County, Senior Deputy Prosecuting Attorney Date
THE CITY OF TUKWILA
Printed Name
Position
9
Date
74