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HomeMy WebLinkAboutContractSystem Access Fund Project Agreement Page 1 of 24 GA 0148-20 SYSTEM ACCESS FUND PROJECT AGREEMENT BETWEEN THE CITY OF RENTON AND THE CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY FOR MULTI-USE TRAIL – S 7 th ST REET CORRIDOR IMPROVEMENTS GA 0148-20 This Agreement, made and entered on_________________, between the City of Renton hereinafter “City ”), and the Central Puget Sound Regional Transit Authority, (hereinafter "Sound Transit"); WHEREAS, the Sound Transit 3 (“ST3”) high capacity transit system expansion plan was approved by the voters in November 2016 and includes a $100 million System Access Program to fund such projects as safe sidewalks and protected bike lanes, shared use paths, improved bus- rail integration, and new pick -up and drop-off areas that provide convenient access so that more people can use Sound Transit services;” WHEREAS, Sound Transit opened the System Access Fund 2019 Call for Projects in February 2019 and subsequently evaluated applications from local governments against evaluation criteria identified by the Sound Transit Executive Committee; WHEREAS, at the co nclusion of the public comment period and online open house in August 2019, the Sound Transit Board of Directors approved 30 applications from 27 local governments on September 26, 2019; WHEREAS, Sound Transit and the City have a joint interest in delive ring on a multi-use trail on the north side of South 7th Street, between Shattuck Avenue South and Burnett Avenue South, hereinafter the “Project”), which was duly approved by the Sound Transit Board as part of the System Access Program by virtue of M2019-97 ; NOW THEREFORE, in consideration of the terms, conditions, covenants, and performances contained herein, or attached and incorporated and made a part hereof, it is mutually agreed as follows: 1.GENERAL 1.1. Purpose. The intent of this Agreement is to establish the terms and conditions for the eligible work to be performed for the Project during the duration of this Agreement. Attached hereto as Exhibit A , is the Scope of Work and Deliverables, which outlines the activities, products and general capital improvements eligible for funding by Sound Transit, as presented to Sound Transit in the City’s application for Project funding. Funds may be expended on eligible elements listed in Exhibit A up to the not to exceed amount outlined in Section 1.2 below. CAG-21-123 DocuSign Envelope ID: 668FC952-16D2-4787-BAC9-4BCF585D4C23 5/14/2021 System Access Fund Project Agreement Page 2 of 24 GA 0148-20 1.2. Agreement Not-to -Exceed Amount. The total amount of the Agreement shall not exceed 1,000,000. No payments will be made in excess of the established not-to -exceed amount according to the Project Description outlined in Section 2.1 below. The funding amount provided by Sound Transit does not include federal funding. 2.PROJECT DESCRIPTION 2.1. The Project is a multi-use trail on the north side of South 7th Street, between Shattuck Avenue South and Burnett Avenue South as identified in Exhibit A , Scope of Work and Deliverables. Sound Transit funding will support two Phases: 2.1.1. Design Phase . The City will design the project. The Design Phase is expected to require $ of the total Not-to -Exceed amount noted in Section 1.2. Any work in the Design Phase exceeding $ must be approved by Sound Transit. To be reimbursed for the Design Phase, the City must provide the following: 1) Exhibit B, Project Funding Plan; 2) Exhibit C , Funding Certification Letter for the Design Phase, 3) Exhibit D, Project Schedule, 4) Exhibit E, Engineer’s Estimate. 2.1.2. Construction Phase. The City will construct the Project. To be reimbursed for the Construction Phase, the City must provide the following: 1) completed design plans for Sound Transit review, 2) updated Exhibit B, Project Funding Plan; 2) Exhibit F, Funding Certification Letter for the Construction Phase; 3) updated Exhibit D, Project Schedule; 4) Exhibit G, Environmental Review Certification; 5) Exhibit H, ROW Certification; 6) updated Exhibit E, Engineer’s Estimate 3.PROJECT MANAGEMENT 3.1. Designated Representatives. The City and Sound Transit have designated formal points of coordination for this Agreement. The Designated Representatives shall communicate regularly to discuss the status of the tasks to be performed, to identify upcoming decisions related to the Project, to provide any information or input necessary to inform those decisions, and to resolve any issues or disputes related to the Project consistent with this Agreement. The Designated Representatives are: CITY SOUND TRANSIT Alex Krieg Deputy Director, Access & Integration 401 S Jackson St Seattle WA 98104 206-9 03-7663 Alex.Krieg@soundtransit.org The Parties may change designated representatives by written notice to the other Party during the term of the Agreement. DocuSign Envelope ID: 668FC952-16D2-4787-BAC9-4BCF585D4C23 System Access Fund Project Agreement Page 3 of 24 GA 0148-20 3.2. Reporting Requirements. The City is required to submit a Quarterly Progress Report to Sound Transit’s Designated Representative to include the below elements (Exhibit I: Template for Reporting Requirements). The report may include supporting documentation (photos, City documentation, financial information, etc.). 3.2.1. Project Update. Status of major activities including, Phase 1 -Design and Phase 2- Construction, in the reporting period, both current and upcoming. 3.2.2. Assessment of on-going risks. The City will notify Sound Transit of any issues that may affect the Project Schedule and overall implementation of the Project. 3.2.3. Project Funding. Summary of expenditures during reporting period, and expected expenditures in the subsequent reporting period. 3.3. Eligible Costs. Eligible costs include actual costs identified in Exhibit A, Scope of Work and Deliverables. 3.4. Additional Project Funding. The Not-to -Exceed funding amount in Paragraph 1.2 represents approximately fifty percent (50%) of the total Project cost. The City is responsible for obtaining the balance of the Project funding described in the Funding Plan attached as Exhibit B. 3.5. Project Schedule. The parties agree to the project schedule identified in Exhibit D, Project Schedule. The City shall complete all work and deliverables of the Project by one year after the expected project completion date shown in Exhibit D, Project Schedule, unless otherwise mutually agreed in writing by both Parties. The City is responsible for notifying Sound Transit of any material changes to the Project Schedule and rationale for the change in writing as part of its quarterly reporting requirements. 3.6. City Work . The City is solely responsible for the environmental review, design, permitting, construction, project and construction management of all applicable Project elements including, but not limited to, procurement and construction administration. The City is responsible for all costs relating to the operations or maintenance of service and capital improvements related to the Project upon its completion. The City will be the owner of the completed Project. Sound Transit is not responsible for funding any service operations or for maintenance of any improvements implemented under this Agreement. 3.7. Signage . Any identification signage that is used during the Project shall identify Sound Transit as a funding partner. 3.8. Design Review. The City shall provide Sound Transit the opportunity to review design plans at milestones identified in Exhibit D, Project Schedule. 3.9. Project Closeout. Before payment of the final invoice, the City and Sound Transit will meet to ensure final deliverables are complete per Exhibit A, Scope of Work and Deliverables. 4.INVOICING DocuSign Envelope ID: 668FC952-16D2-4787-BAC9-4BCF585D4C23 System Access Fund Project Agreement Page 4 of 24 GA 0148-20 4.1. Th e City will submit quarterly invoices and supporting documentation that align with the Scope of Work and Deliverables for payment (See Exhibit J , Invoice Template). The invoices must include the Sound Transit purchase order number provided by Sound Transit. 4.2. Th e City will submit its invoices with the required documentation, in two .pdf file s, via email to accountspayable@soundtransit.org (and carbon copying Sound Transit’s Designated Representative). Invoices will be paid within thirty (30) calendar days of Sound Transit’s receipt of the invoice and acceptable and complete supporting documentation. 4.3. The City agrees that within forty -five (45) calendar days of the City’s acceptance of work for each Phase to submit a final (closing) invoice for that phase. 4.4. If Sound Transit determines that an invoice lacks sufficient documentation to support payment, Sound Transit will notify the City of its determin ation and request that the City provide additional documentation. Sound Transit may withhold payment of the invoice until supporting documentation is provided, however such approval shall not be unreasonably withheld. 5.TERM, SUSPENSION, AND TERMINATION 5.1. Term. This Agreement shall take effect upon the last date of signature by the Parties as set forth below. This Agreement shall remain in effect until 180 consecutive days following Project completion , unless extended by mutual written agreement of the Parties, superseded by a future agreement, or suspended or terminated in accordance with this Section 5. 5.2. Termination by Sound Transit. Sound Transit may terminate this Agreement by written notice under the following circumstances: 5.2.1. If work as defined in Exhibit A is not completed by one year after the expected project completion date shown in Exhibit D, Project Schedule, unless otherwise agreed to by the Parties. 5.2.2. If the City fails to make progress towards completing the Project and the City has not provided adequate assurances of its desire or ability to complete the Project and commence operations. If the Agreement is terminated under this Section 5.2, the City shall reimburse Sound Transit the full amount of all payments it made to the City under this Agreement within ninety (90) calendar days of the date of termination. The City may ask for an extension of time to complete the Project for good cause. Sound Transit’s agreement to extend the completion will not be unreasonably withheld. 5.3. Termination by Either Party . Either Party may terminate this Agreement for cause in the event that the other Party fails to fulfill its material obligations under this Agreement in a timely DocuSign Envelope ID: 668FC952-16D2-4787-BAC9-4BCF585D4C23 System Access Fund Project Agreement Page 5 of 24 GA 0148-20 manner or breaches any material provision of this Agreement and the Dispute Resolution Process has failed to reach resolution within the timelines described therein. The Party wishing to terminate this Agreement for cause will provide the other Party with written notice of its intent to terminate and will give the other Party an opportunity to correct the failure to perform or breach within thirty (30) calendar days of the notice or within such longer period as may be necessary in the event that correction cannot reasonably be accomplished within thirty (30) calendar days. If the failure or breach is not corrected or cured, this Agreement may be terminated by the aggrieved Party by giving ninety (90) calendar days’ notice to the other Party. 5.4. Except as provided in this Section, a termination by either Party will not extinguish or release either Party from liability for costs or obligations existing as of the date of termination. Any costs incurred prior to proper notification of termination will be borne by the Parties in accordance with the terms of this Agreement. 6.INDEMNITY 6.1. To the maximum extent permitted by law, the City will hold harmless from, and indemnify and defend Sound Transit (including its board members, officers, directors and employees) the “Indemnified Parties”) from and against any and all claims, demands, losses, lawsuits, actions, or liability of any kind or nature, arising out of or relating to the City ’s design, construction, maintenance or operation of the Project, including claims by the City ’s employees. THE CITY SPECIFICALLY ASSUMES POTENTIAL LIABILITY FOR ACTIONS BROUGHT BY THE CITY’S OWN EMPLOYEES OR FORMER EMPLOYEES AGAINST ANY INDEMNIFIED PARTY, AND FOR THAT PURPOSE THE CITY SPECIFICALLY WAIVES ALL IMMUNITY AND LIMITATIONS ON LIABILITY UNDER THE WORKERS COMPENSATION ACT, RCW TITLE 51, OR ANY INDUSTRIAL INSURANCE ACT, DISABILITY BENEFIT ACT OR OTHER EMPLOYEE BENEFIT ACT OF ANY JURISDICTION THAT WOULD OTHERWISE BE APPLICABLE IN THE CASE OF SUCH CLAIM. THIS INDEMNITY OBLIGATION SHALL NOT BE LIMITED BY ANY LIMITATION ON THE AMOUNT OR TYPE OF DAMAGES, COMPENSATION OR BENEFITS PAYABLE BY OR FOR THE CITY OR A CONTRACTOR UNDER WORKERS’ COMPENSATION, DISABILITY BENEFIT OR OTHER EMPLOYEE BENEFITS LAWS. THE CITY RECOGNIZES THAT THIS WAIVER WAS SPECIFICALLY ENTERED INTO AND WAS THE SUBJECT OF MUTUAL NEGOTIATION. PROVIDED, HOWEVER, THE CITY’S WAIVER OF IMMUNITY BY THE PROVISIONS OF THIS PARAGRAPH EXTENDS ONLY TO CLAIMS AGAINST THE CITY BY SOUND TRANSIT, AND DOES NOT INCLUDE, OR EXTEND TO, ANY CLAIMS BY THE CITY’S EMPLOYEE(S) DIRECTLY AGAINST THE CITY. The foregoing indemnity applies only to the extent of the City ’s negligence. 6.2. The City further agrees to assume the reasonable cost of defense of the Indemnified Parties with legal counsel acceptable to Sound Transit, whose acceptance shall not be unreasonably withheld. In all legal or claim proceedings arising out of, in connection with, or incidental to the City’s work or that of its contractors, subcontractors of any tier, suppliers, consultants and sub-consultants. DocuSign Envelope ID: 668FC952-16D2-4787-BAC9-4BCF585D4C23 System Access Fund Project Agreement Page 6 of 24 GA 0148-20 The City shall pay all reasonable defense expenses, including attorney’s fees, expert fees, and costs incurred directly or indirectly on account of such litigation or claims, and shall satisfy any judgment rendered in connection therewith. The City may settle any suit, claim, action cost, loss penalty or damages, subject to the approval of Sound Transit, whose approval shall not be unreasonably withheld, if such settlement completely and forever extinguishes any and all liability of the Indemnified Parties. In the event of litigation between the Parties hereto to enforce the rights under this provision, reasonable attorney fees shall be allowed to the prevailing party. 6.3. Each Party agrees to bear full responsibility for any and all tax liabilities owed that may arise in relation to this Agreement, and each Party will fully indemnify and hold the other Party, its officers, agents and employees harmless from any tax liability owed by the other Party arising from or related to the transactions set forth herein, including, but not limited to, any taxes, penalties, fines, and/or interest that are assessed by any tax authority against the indemnifying Party and further including all attorneys’ fees and costs incurred in response to any claims or assessments by any tax authority against indemnifying Party, its officers, agents and employees. 6.4. Th e obligations in this Section will survive termination or completion of this Agreement as to any claim, loss or liability arising from events occurring prior to such termination or completion. 7.AUDITS 7.1. Each Party will maintain accounts and records, including contract and financial records that sufficiently and properly reflect all direct and indirect costs of any nature expended for work performed under this Agreement so as to ensure proper accounting for all monies paid to the City by Sound Transit. These records will be maintained for a period of six (6) years after termination or expiration of this Agreement unless permission to destroy the records is granted by the Office of the Archivist pursuant to RCW Chapter 40.14 and agreed to by the Parties. 7.2. Th e City will make all Project records available for Sound Transit inspection upon prior written reasonable request. Audits may be performed by Sound Transit or its independent public accountants to ensure compliance with and enforcement of this Agreement. Should the audit determine that funds from Sound Transit have been used for expenses that were ineligible, then Sound Transit shall provide a copy of the auditor’s determination to the City. If the City agrees with the determination, then the City will reimburse Sound Transit the amounts found to have been ineligible. If the City disputes the auditor’s determination, then the m atter shall be referred to the Dispute Resolution Process set forth in Section 9 . 8.INSURANCE 8.1. Coverage. During the construction phase of any eligible elements within the Project, the City shall provide primary insurance coverage in the amounts that it deems necessary for construction projects of similar size and cost. If the City is self -insured, it shall provide to DocuSign Envelope ID: 668FC952-16D2-4787-BAC9-4BCF585D4C23 System Access Fund Project Agreement Page 7 of 24 GA 0148-20 Sound Transit's risk manager a certificate of self -insurance. The City shall require their contractor(s) and sub-contractors to obtain and maintain insurance in amounts and types suitable to protect Sound Transit and the City from exposures presented by the work performed under this Agreement. The minimum insurance requirements during the entire term of this Agreement are set forth below: a)Commercial General Liability in the amount of two million dollars ($2,000,000) each occurrence limit, two million dollars ($2,000,000) general aggregate limit, covering bodily injury including death, personal injury, property damage, Employers' Liability and contractual coverage endorsements, and utilize insurers and coverage forms acceptable to Sound Transit. b)Commercial Auto Liability coverage for bodily injury and property damage utilizing insurers and coverage forms acceptable to Sound Transit, with a limit of at least one million dollars ($1,000,000) combined single limit. c)Worker's Compensation insurance coverage, where applicable, shall comply with State of Washington Labor and Industries requirements. d)Builders Risk coverage will be the responsibility of all contractors and subcontractors. e) Pollution Liability (if there is any potential environmental liability exposure) in the amount of one million dollars ($1,000,000) each occurrence and two million dollars 2,000,000) aggregate. f) Professional Liability (if there is a potential professional liability exposure) in the amount of one million dollars ($1,000,000) per claim. 8.2. Certificates. With the exception of self-insurance, certificates of insurance must name Sound Transit as an "Additional Insured," and shall reference the number and title of this Agreement. All insurance coverage obtained by the City or its contractors and subcontractors must name Sound Transit, its officers and employees as "additional insured's" and contain "severability of interest" (cross liability) provisions. The City ’s and the contractor's insurance policies shall be primary to and not contributing with any insurance or self -insurance that may be carried by Sound Transit and waive their right of Subrogation against Sound Transit. Certificates of Insurance, including the Additional Insured Endorsements, Waiver of Subrogation Endorsements and Primary and Non- Contributory Endorsements, will be provided to Sound Transit before the start of any work performed under this Agreement. 9.DISPUTE RESOLUTION DocuSign Envelope ID: 668FC952-16D2-4787-BAC9-4BCF585D4C23 System Access Fund Project Agreement Page 8 of 24 GA 0148-20 9.1. Any disputes or questions of interpretation of this Agreement or the performance of either Party under this Agreement that may arise between Sound Transit and the City shall be governed under the dispute resolution provisions in this Section 9 . The Parties agree that neither Party may take or join any action in any judicial or administrative forum to challenge the other Party’s performance under this Agreement until the dispute resolution process in this Section 9 has been exhausted. 9.2. The Parties agree that cooperation and communication are essential to resolving issues efficiently. The Parties agree to use their best efforts to prevent and resolve potential sources of conflict at the lowest level possible. 9.3. Either Party may refer a dispute to the dispute resolution process by providing written notice of such referral to the other Party’s Designated Representative. The Parties agree to use their best efforts to resolve disputes arising out of or related to this Agreement using good faith negotiations by engaging in the following dispute resolution process should any such disputes arise: a.Level One - Sound Transit’s Designated Representative and the City’s Designated Representative shall meet to discuss and attempt to resolve the dispute in a timely manner. If they cannot resolve the dispute within fourteen (14) calendar days after referral of that dispute to Level One, either party may refer the dispute to Level Two. b.Level Two - Sound Transit’s Deputy Executive Director, Office of Planning & Integration, and the City’s Departmental Leads shall meet to discuss and attempt to resolve the dispute in a timely manner. If they cannot resolve the dispute within fourteen (14) calendar days after referral of that dispute to Level Two, either Party may refer the dispute to Level Three. c.Level Three - So und Transit’s Executive Director, PEPD, or Designee and the City’s Department Directors or Designee shall meet to discuss and attempt to resolve the dispute in a timely manner. 9.4. In the event the dispute is not resolved at Level Three within fourteen (14) calendar days after referral of that dispute to Level Three, the Parties are free to file suit, seek any available legal remedy, or agree to alternative dispute resolution methods such as mediation. At all times prior to resolution of the dispute, the Parties shall continue to perform any undisputed obligations and make any undisputed required payments under this Agreement in the same manner and under the same terms as existed prior to the dispute. Notwithstanding anything in this Agreement to the contrary, neither Party has any obligation to participate in mediation or any other form of alternative dispute resolution following completion of Level Three of the process described herein. A Party may decline to participate in such proceeding for any reason or no reason. 10.LEGAL PROVISIONS 10.1. Warranties. By execution of this Agreement, both Parties warrant that they have the full right and authority to enter into and perform this Agreement, and that by entering into or DocuSign Envelope ID: 668FC952-16D2-4787-BAC9-4BCF585D4C23 System Access Fund Project Agreement Page 9 of 24 GA 0148-20 performing this Agreement, they are not in violation of any law, regulation, or agreement; and that the execution, delivery and performance of the Agreement has been duly authorized by all requisite corporate action, and that the signatories hereto, which have signed on each Parties behalf, are authorized to sign this Agreement. 10.2. No waiver. Neither Party will be relieved of its obligations to comply promptly with any provision of this Agreement by reason of any failure by the other Party to enforce prompt compliance, and such failure to enforce will not constitute a waiver of rights or acquiescence in the other Party’s conduct. 10.3. Costs. Each Party will be responsible for its own costs, including legal fees, incurred in negotiating or finalizing this Agreement, unless otherwise agreed in writing by the Parties. If either Party brings any claim or lawsuit arising from this Agreement, each Party will pay all its legal costs and attorney’s fees and expenses incurred in defending or bringing such claim or lawsuit, including all appeals, in add ition to any other recovery or award provided by law; however, nothing in this paragraph will be construed to limit the Parties’ rights to indemnification. 10.4. Public Records. Each Party shall be responsible for its own public records and public records requ ests. 10.5. Notices. All notices required under this Agreement must be in writing and addressed to the Designated Representative. All notices must be either: (i) delivered in person, (ii) deposited postage prepaid in the certified mails of the United States, return receipt requested, (iii) delivered by a nationally recognized overnight or same-day courier service that obtains receipts, or (iv) delivered electronically to the other Party’s Designated Representative. However, notice under Section 5, termination, must be delivered in person or by certified mail, return receipt requested. 10.6. The parties may not unreasonably withhold requests for information, approvals or consents provided for in this Agreement; provided, however, that approvals or consents required to be given by vote of the Sound Transit Board or the City Council are recognized to be legislative actions. The parties will take further actions and execute further documents, either jointly or within their respective powers and authority, to implement the intent of this Agreement. The City and Sound Transit will work cooperatively with each other to achieve the mutually agreeable goals as set forth in this Agreement. 10.7. Time is of the essence in every provision of this Agreement. Unless otherwise set forth in this Agreement, the reference to “days” shall mean calendar days unless otherwise noted. Any reference to “working days” shall exclude any legal holidays and weekend days. If any time for action occurs on a weekend or legal holiday, then the time period shall be extended automatically to the next business day. DocuSign Envelope ID: 668FC952-16D2-4787-BAC9-4BCF585D4C23 System Access Fund Project Agreement Page 10 of 24 GA 0148-20 10.8. No joint venture or partnership is formed as a result of this Agreement. No employees, agents or subcontractors of one Party shall be deemed, or represent themselves to be, employees of any other Party. 10.9. This Agreement has been reviewed and revised by legal counsel for both Parties and no presumption or rule that ambiguity shall be construed against the Party drafting the document applies to the interpretation or enforcement of this Agreement. The Parties intend this Agreement to be interpreted to the full extent authorized by applicable law. 10.10.This Agreement may be executed in several counterparts, each of which shall be deemed an original, and all counterparts together shall constitute but one and the same instrument. 10.11. Severability. In case any term of this Agreement is held in valid, illegal, or unenforceable in whole or in part, by a court of law, the Parties will reform the agreement to satisfy the original intent of the Parties. IN WITNESS WHEREOF, each of the Parties has executed this Agreement by having its authorized representative affix her/his name in the appropriate space below: SOUND TRANSIT By: Kimberly Farley, Deputy CEO Date: Approved as to form: By: Sound Transit Legal Counsel CITY By: Date: Exhibit List: Exhibit A: Scope of Work and Deliverables Exhibit B: Project Funding Plan Exhibit C: Funding Certification Letter for Design Phase Exhibit D: Project Schedule Exhibit E: Engineer’s Estimate Exhibit F: Funding Certification Letter for Construction Phase Exhibit G: Environmental Review Certification Exhibit H: ROW Certification Exhibit I: Template for Reporting Requirements Exhibit J: Invoice Form Attest: Date: Approved as to form: By: City Legal Counsel 5/11/2021 5/11/2021 Approved by Cheryl Beyer via 4/9/2021 email DocuSign Envelope ID: 668FC952-16D2-4787-BAC9-4BCF585D4C23 5/14/2021 System Access Fund Project Agreement GA 0148-20 Exhibit A: Scope of Work and Deliverables This project installs a multi-use path on S 7th St, between Shattuck and Burnett Ave S, and intersection improvements at multiple intersections along the corridor from Shattuck Ave S to Oakesdale Ave SW. The intersections improvements from Shattuck Ave S westward along this corridor will improve bicycle facilities and intersection operations to provide upgraded signage to bicyclists. Bicycle improvements include push-button activation, green bike lanes through conflict/crossing zones, and pavement markings. This project will also upgrade an existing marked crosswalk with flashing beacons with higher visibility technology. The multi-use path will upgrade curb ramps along its path to ADA standards. Vicinity map of the project is attached for reference. Page 11 of 24 DocuSign Envelope ID: 668FC952-16D2-4787-BAC9-4BCF585D4C23 System Access Fund Project Agreement GA 0148-20 Exhibit B: Project Funding Plan Below is a table outlining the various funding sources. A copy of the project cost estimate/budget is attached in Exhibit E. Funding Source Amount Obligation Year Design Sound Transit 700,000$ 2021 Local 100,000$ 2021 Phase Total 800,000$ Right of Way temp const. easements, etc.) Local 100,000$ 2023 Phase Total 100,000$ Construction Sound Transit 300,000$ 2024 WSDOT (Federal)1,450,000$ 2024 Local 280,020$ 2024 Phase Total 2,030,020$ TOTAL 2,930,020$ Exhibit B - Funding Plan Page 12 of 24 DocuSign Envelope ID: 668FC952-16D2-4787-BAC9-4BCF585D4C23 System Access Fund Project Agreement GA 0148-20 Exhibit C: Funding Certification Letter for Design Phase Copies of extracted pages from the City’s adopted 2021-2020 Biennial Budget and Transportation Improvement Program (TIP) project sheet are attached for reference. The budget document shows how highly the City has prioritized the South 7th Street project. Page 13 of 24 DocuSign Envelope ID: 668FC952-16D2-4787-BAC9-4BCF585D4C23 Armondo Pavone Mayor Public Works Department Martin Pastucha, Administrator March 29, 2021 Mr. Alex Krieg Deputy Director Access & Integration Sound Transit 401 South Jackson Street Seattle, WA 98104 RE: Funding Certification Letter for Design Phase South 7th Street Corridor Improvements Project Dear Mr. Krieg: This letter certifies the City of Renton's commitment to obligate the Sound Transit System Access Funding awarded to the South 7th Street Corridor Improvements project. Attached to this letter are copies of extracted pages from the City's adopted 2021-2022 Biennial Budget as well as the project's Transportation Improvement Program (TIP) sheet. These budget and planning documents exhibit the city's commitment to completing the project. The city has identified this project as a top priority and has current resources assigned to complete the design phase. The city has also reserved available resources to complete the remaining phases of the project per the estimated project schedule. Sincerely, Martin Pastucha Public Works Administrator Attachments: City of Renton, 2021-2022 Biennial Budget Project Sheet, South 7th Street Corridor Improvements City of Renton, Transportation Improvement Program (TIP) Project Sheet, South 7th Street Corridor Improvements cc: Jim Seitz, Transportation Systems Director Vangie Garcia, Transportation Planning & Programming Manager Heather Gregersen, Program Development Coordinator 1055 South Grady Way, Renton, WA 98057 • rentonwa.gov Exhibit CDocuSign Envelope ID: 668FC952-16D2-4787-BAC9-4BCF585D4C23 Project Title:Priority Number:6 Project Category: Status: Actual through 12/31/19 2020 2021 2022 2023 2024 2025 2026 Thereafter Total Project Expenditures Expenditures: Planning/Design 135 500 635 Project Management Major Maintenance Land Acquisitions 50 50 Construction 500 840 840 2,180 Total Expenditures 135 500 50 500 840 840 2,865 Actual through 12/31/19 2020 2021 2022 2023 2024 2025 2026 Thereafter Total Project Resources Resources: REET Impact Fees Mitigation Funds Grants/Contributions 500 500 725 725 2,450 Bond Road/Street Maint Charges Zoning/Subdivision Fees Judgement/Settlement Fees Capital Asset Sale Loss/Impairment Compensation Transportation Impact Mitigation Insurance Revenue Lease Income Arterial Street Revenue 1%Art Revenue Property Taxes B&O Taxes 135 50 115 115 415 Fuel Tax Interest Total Resources 135 500 50 500 840 840 2,865 Project Funding Status: Secured 135 50 185 Anticipated*500 500 840 840 2,680 Total Project Funding 135 500 50 500 840 840 2,865 Expenditures utilizing anticipated funding are not included in the adopted budget. Operating Fund Impacts This project develops S/SW 7th St as a key east west bicycle route into the downtown:between Oakesdale Ave S and Burnett Ave S.This project will install a multi use path on S 7th St,between Shattuck and Burnett Ave S,and install intersection improvements at multiple intersections along the corridor from Shattuck Ave S to Oakesdale Ave SW.The intersection improvements from Shattuck Ave S westward along this corridor will improve bicycle facilities and intersection operations to provide upgraded signage to bicyclists and will help simplify bicycle movements through complex intersections.Bicycle improvements include push button activation,green bike lanes through conflict/crossing zones,and pavement markings.This project will also upgrade an existing marked crosswalk with flashing beacons with higher visibility technology.In 2019,Sound Transit awarded 1M toward design and construction toward the multi use trail between Shattuck and Talbot.In 2020,1.45M of STP FHWA funds was awarded for FY 2024 for construction of the multi use path between Shattuck and Burnett Ave S and intersection improvements. Rationale This segment of the S 7th St corridor connects Talbot Rd S SR 515)with Rainier Ave S SR 167).This segment of S 7th St is part of a designated east west pedestrian/bike route through the City's commercial core and an important link between regional trails.The South Renton Neighborhood Study has identified South 7th St as needing streetscape improvements.The Trails and Bicycle Master Plan Update identified SW 7th St/S 7th St as a good alternate/parallel route as the L2S Trail TIP 20 34)is developed.With the expansion of the South Renton Transit Center and Bus Rapid Transit BRT)implementation,S 7th St is an important non motorized link to the downtown core. TOTAL ESTIMATED ESTIMATED Description and Scope TRANSPORTATION CAPITAL INVESTMENT PROGRAM 2021 through 2026 in thousands of dollars) S 7th Street Corridor Improvements Oakesdale Ave SW to Burnett Ave S Development Extension of Previously Approved Project Exhibit CDocuSign Envelope ID: 668FC952-16D2-4787-BAC9-4BCF585D4C23 City of Renton | 2021-2026 Transportation Improvement Program TIP #:20-26 South 7th Street Corridor Improvements Oakesdale Ave SW to Burnett Ave S Project City Account #:122151 Planning Area:City Center Street Classification:Minor Arterial Project Length:1.3 mi Description:This project develops S/SW 7th St as a key east-west bicycle route into the downtown: between Oakesdale Ave S and Burnett Ave S. This project will install a multi-use path on S 7th St, between Shattuck and Burnett Ave S, and install intersection improvements at multiple intersections along the corridor from Shattuck Ave S to Oakesdale Ave SW. The intersections improvements from Shattuck Ave S westward along this corridor will improve bicycle facilities and intersection operations to provide upgraded signage to bicyclists and will help simplify bicycle movements through complex intersections. Bicycle improvements include push-button activation, green bike lanes through conflict/crossing zones, and pavement markings. This project will also upgrade an existing marked crosswalk with flashing beacons with higher visibility technology. Purpose:To create a designated east-west ped/bike route through the City's commercial core and an important link between regional trails. Project Aspects: Operations and Safety, Active Transportation Status/ Changes: Phase 1 was completed which included a traffic signal and an eastbound right-turn lane at S 7th St/Shattuck Ave S. In 2019, Sound Transit awarded $1M toward design and construction toward the multi-use trail between Shattuck and Talbot. In 2020, $1.45M of STP FHWA funds was awarded for FY 2024 for construction of the multi-use path between Shattuck and Burnett Ave S and intersection improvements Funding Status: Funded - CN Planning: Preliminary Engineering $500,000 ROW:$50,000 Construction:$2,180,000 Expenditures: Priority Rank 6 For Projects, these expenditures are for the life of the project. For Programs, they are the total expenditures programmed for the 6 years in the TIP, 2021-2026 Exhibit CDocuSign Envelope ID: 668FC952-16D2-4787-BAC9-4BCF585D4C23 System Access Fund Project Agreement GA 0148-20 Exhibit D: Project Schedule Preliminary Engineering Estimated start date for preliminary engineering/design: 04/2021 Preliminary plans complete: 12/2022 Expected year of completion for this phase: 2023 Current or anticipated level of environmental documentation under the National Environmental Policy Act NEPA) for this project: Categorical Exclusion (CE) NEPA approval, or the anticipated date of completion: 06/2023 Right of Way Actual or estimated start date for right of way: 06/2023 Estimated (or achieved) completion date for the right of way plan and funding estimate: 06/2024 Needs: Right of way needs of the project include temporary construction easements only. Any additional needs will be identified throughout the Design process and the City is prepared to fund whatever needs arise to accomplish the intent of the project. Expected year of completion for this phase: 2024 Construction Environmental permits needed for the project: NPDES Construction Stormwater General Permit King County Wastewater Discharge Authorization Hazardous Waste Scheduled to acquire: 9/2023 Date of approval, or the date when PS&E is scheduled to be submitted for approval: 03/2024 Project scheduled to go to ad: 06/2024 Expected year of completion for this phase: 2026 Summary Estimated project completion date: 12/2026 Page 17 of 24 DocuSign Envelope ID: 668FC952-16D2-4787-BAC9-4BCF585D4C23 System Access Fund Project Agreement GA 0148-20 Exhibit E: Engineer’s Estimate Preliminary Engineer’s Estimate is attached. Updated estimate to be provided to Sound Transit once available as the City moves forward through the Design process. Page 18 of 24 DocuSign Envelope ID: 668FC952-16D2-4787-BAC9-4BCF585D4C23 Planning Level Project Cost Estimate 03/26/2020 S 7th Street Corridor Improvements Item Description UNIT Quantity Unit Cost Cost 1 Mobilization LS 1 132,000$ 132,000$ 2 Clearing and Grubbing LS 1 10,000$ 10,000$ 3 Roadway Surveying LS 1 10,000$ 10,000$ 4 Sawcut Existing Pavement LF 1,150 5$ 5,750$ 5 Remove Existing Pavement SY 1,917 10$ 19,170$ 6 Remove Existing Curb & Gutter LF 1,270 5$ 6,350$ 7 Remove Existing Sidewalk SY 335 10$ 3,350$ 8 Excavation CY 1,400 25$ 35,000$ 9 Backfill Material CY 500 25$ 12,500$ 10 Crushed Surfacing TON 800 30$ 24,000$ 11 Asphalt Concrete Pavement TON 1,000 120$ 120,000$ 12 Curb Ramps EA 11 6,000$ 66,000$ 13 Cement Concrete Curb & Gutter LF 1,620 30$ 48,600$ 14 Cement Concrete Pervious Sidewalk SY 550 80$ 44,000$ 15 Drainage LF 1,280 50$ 64,000$ 16 Street Lighting EA 20 10,000$ 200,000$ 17 Property Restoration (possible screening)LS 1 100,000$ 100,000$ 18 Landscaping (including Irrigation)SF 3,000 10$ 30,000$ 19 Traffic Signal Upgrades LS 1 200,000$ 200,000$ 20 Channelization & Signing LS 1 60,000$ 60,000$ 21 Erosion Control LS 1 60,000$ 60,000$ 22 Traffic Control LS 1 150,000$ 150,000$ 23 Miscellaneous (utilities, arts, etc)LS 1 50,000$ 50,000$ Sub-Total Construction Cost 1,450,720$ Planning Level Estimate (30%)435,300$ Estimated Construction Contract 1,886,020$ Design (35%)661,000$ Construction Engineering/Management (20%)283,000$ TOTAL PROJECT COST 2,930,020$ Preliminary Engineering/Design Phase 661,000$ Right-of-Way 100,000$ Construction Phase 2,169,020$ No property is assumed to be acquired but temporary construction easements will be needed. Traffic Signal Upgrades and Channelization/Signing includes the bicycle facility improvements such as push button activation, pavement markings, wayfinding, upgrading to ADA standards (if needed) and other signage. The existing flashing crosswalk on S 7th St will be upgraded to a Rapid Rectangular Flashing Beacon. H:\Division.s\TRANSPOR.TAT\Grants\2020\PSRC\Countywide\Non-Motorized - S 7th St\S 7th St\S7thSt-CombinedEstimate.xlsx DocuSign Envelope ID: 668FC952-16D2-4787-BAC9-4BCF585D4C23 System Access Fund Project Agreement GA 0148-20 Exhibit F: Funding Certification Letter for Construction Phase To be provided to Sound Transit once available. Page 20 of 24 DocuSign Envelope ID: 668FC952-16D2-4787-BAC9-4BCF585D4C23 System Access Fund Project Agreement GA 0148-20 Exhibit G: Environmental Review Certification To be provided to Sound Transit once available. The City of _______________, as lead agency for purposes of the State Environmental Policy Act (SEPA), hereby certifies that the proposal described herein has undergone environmental review in accordance with all applicable SEPA rules pursuant to Chapter 197-11 Washington Administrative Code. The City of _______________ has completed the following project-level environmental review documentation and submitted to Sound Transit for review: Letter of exemption from SEPA pursuant to WAC 197-11-800 SEPA Environmental Checklist/Determination of Non-significance (DNS) or Mitigated DNS Environmental Impact Statement SEPA Addendum Other: ________________________________________________________ Signature of Authorized Local Government SEPA Responsible Official Sound Transit’s office of Environmental Affairs and Sustainability has reviewed the provided documents checked above and authorizes the following: Payment for construction (Design and Construction Agreements) Environmental approval to execute agreement for construction of project (Construction Only Agreement) Signature of Corridor Environmental Manager Page 21 of 24 DocuSign Envelope ID: 668FC952-16D2-4787-BAC9-4BCF585D4C23 System Access Fund Project Agreement GA 0148-20 Exhibit H: ROW Certification To be provided to Sound Transit once available. Page 22 of 24 DocuSign Envelope ID: 668FC952-16D2-4787-BAC9-4BCF585D4C23 System Access Fund Project Agreement GA 0148-20 Exhibit I: Template for Reporting Requirements Multi-use Trail – S 7th Street Corridor Improvements PROJECT REPORT GA 0148-20 Reporting Period: _______________ Submitted By:___________________ 1.Project Update. Status of major activities in the reporting period, both current and upcoming. 2.Assessment of on-going risks. The City will notify Sound Transit of any issues that may affect the Project Schedule and overall implementation of the Project. 3.Summary of expenditures during reporting period. Summary of expenditures during reporting period, and expected expenditures in the subsequent reporting period. Page 23 of 24 DocuSign Envelope ID: 668FC952-16D2-4787-BAC9-4BCF585D4C23 System Access Fund Project Agreement GA 0148-20 Exhibit J: Sound Transit Invoice Form Invoice No. _____ Dated: _________ TO: accountspayable@soundtransit.org, dccapcollaboration@soundtransit.org Attention: Accounts Payable and Alex Krieg Re: Multi-Use Trail on N Side of 7th St, System Access Fund Project, GA 0148-20 The City’s authorized representative certifies that Sound Transit’s pro rata share of costs under this invoice is $_______, and is due and payable to the City in accordance with the provisions of the Agreement, and is supported by the attached invoice and supporting documentation. [Identify the elements(s), and the amounts by element, for which the amount due applies] The City makes the following representations and warranties to Sound Transit in connection with the Invoice: All work performed to date has been, unless otherwise specifically stated by the City, performed in accordance with the terms and conditions of this Agreement. The amount specified above has been computed in accordance with, and is due and payable under, the terms and conditions of the Agreement, has not been the subject of any previous invoice (unless disputed or rejected for payment) and is not the subject of any pending invoice from the City. Any liability of Sound Transit arising from these representations and warranties are governe d by the terms and conditions of the Agreement. CITY By: __________________________________ Date: _________________ Name, Position] Page 24 of 24 DocuSign Envelope ID: 668FC952-16D2-4787-BAC9-4BCF585D4C23