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2021, 07-06 Study SessionAGENDA SPOKANE VALLEY CITY COUNCIL REGULAR MEETING STUDY SESSION FORMAT Tuesday, July 6, 2021 6:00 p.m. Remotely via ZOOM Meeting 10210 E Sprague Avenue Council Requests Please Silence Your Cell Phones During Council Meeting NOTE: In response to Governor Inslee's most recent announcement concerning the COVID-19 Emergency, physical public attendance at Spokane Valley Council meetings is now permitted. The option to participate and comment via Zoom is still available per the links below. Also note a live feed of the meeting will be available on our website and on Comcast channel 14. Public comments will only be accepted for those items noted on the agenda as "public comment opportunity." If wishing to make a comment via Zoom, comments must be received by 4:00 pm the day of the meeting. Otherwise, comments will be taken in - person at the meeting in Council Chambers, as noted on the agenda below. • Sign up to Provide Oral Public Comment at the Meeting via Calling -In • Submit Written Public Comment Prior to the Meeting • Join the Zoom WEB Meeting CALL TO ORDER ROLL CALL APPROVAL OF AGENDA PROCLAMATION: July is Parks & Recreation Month ACTION ITEM: 1. Motion Consideration: Balfour Park Consultant Agreement — John Hohman, John Bottelli [public comment opportunity] NON -ACTION ITEMS: DISCUSSION LEADER SUBJECT/ACTIVITY GOAL 2. Adam Jackson Potential Grant Opportunity, Discussion/Information Transportation Improvement Board 3. John Bottelli Update on City Art Sculptures Discussion/Information 4. Mayor Wick Advance Agenda Discussion/Information 5. Mayor Wick Council Comments Discussion/Infoiniation 6. Mark Calhoun City Manager Comments Discussion/Information ADJOURN Council Agenda July 6, 2021 Page 1 of 1 Spokane 40,00Valley 'l0 ro City of Spokone )alrey, Washington Tarks and Vcreation 3,tontfi WHEREAS, Parks and recreation activities provide opportunities for citizens of all ages to grow and develop into contributing members of their communities; and WHEREAS, Parks and recreation programs strengthen the community, foster individual growth, and increase cultural diversity; and WHEREAS, Parks and recreation programs provide outlets for physical activities, socialization and stress reducing experiences; and WHEREAS, Parks, playgrounds, nature trails, open spaces, aquatic facilities, senior and event centers make our community an attractive and desirable place to live, work, play and visit which contributes to our economic vitality; and WHEREAS, Parks, greenways and open spaces provide a welcome respite from our fast - paced, high-tech lifestyles while protecting and preserving our natural environment; and WHEREAS, Thousands of Spokane Valley children, adults and seniors benefit from the wide range of services, facilities, and programs provided by the Spokane Valley Parks and Recreation Department. NOW, THEREFORE, I, Ben Wick, Mayor of the City of Spokane Valley, on behalf of the Spokane Valley City Council and the citizens of the City of Spokane Valley, do hereby proclaim the month of July, 2021 as Parks and Recreation Month and I encourage all citizens to participate in and support the many recreational programs and facilities provided by public and private agencies, but to do so carefully and with social distancing. Dated this 6th day of July, 2021. Ben Wick, Mayor CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: July 6, 2021 Department Director Approval: Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Motion Consideration — Balfour Park Improvements Consultant Agreement GOVERNING LEGISLATION: SVMC 3.35.10 — Contract Authority PREVIOUS COUNCIL ACTION TAKEN: • 08/28/2007 • 09/11/2012 • 09/25/2012 • 10/29/2013 • 07/25/2017 • 01/26/2021 • 02/02/2021 • 02/09/2021 Admin Report; Approval for Feasibility Study for Balfour Park Administration Report - Spokane County Library District (SCLD) Interlocal Agreement Passed motion to execute SCLD Interlocal Agreement Passed motion to adopt Balfour Park / Library Conceptual plan Passed motion to approve 2017 Amendment to Interlocal Agreement Administration Report - SCLD Update by Director Patrick Roewe Administration Report - SCLD Interlocal Agreement Proposed Amendment Passed motion to amend SCLD Interlocal Agreement BACKGROUND: The City entered into an Interlocal Agreement with the SCLD in 2012 shortly after the City purchased 8.4 acres of property from Pring Corporation in anticipation of SCLD constructing and operating a new central library facility within Spokane Valley. The City sold a total of 2.82 acres to SCLD for construction of a new library, which was anticipated to occur within a five year period. In 2017, the Interlocal Agreement timeframe for completion was extended from 2017 to 2022, with a possible additional extension to October 2024. SCLD submitted a bond proposal to the voters in 2013 and 2014, both of which failed to reach the required 60% approval threshold to pass. Recently, SCLD has identified funding options other than just going for a voted bond. Construction of the new library is anticipated to begin 2022. According to the Interlocal agreement, the City is responsible for constructing the frontage improvements adjacent to the Library which will be completed the summer of 2021. These frontage improvements include pavement widening, curb and utility relocations. The sidewalks will be installed by SCLD as per the library contract. There is an opportunity at this time to begin design of the park improvements and actually complete the park grading work and non -architectural park elements required for Balfour Park improvements concurrently with the library construction. This coordinated construction effort will result in savings for both the City and SCLD. Additionally, staff believes that advancing the design of the park structures to 30 percent will be beneficial as we pursue funding opportunities for full park construction. Staff issued a Request For Qualifications (RFQ) in March 2021 to develop contract documents for the improvement of Balfour Park. The City received five proposals and interviewed two consultant teams. The City selected the AHBL, Inc/Integrus Architecture team, as the most qualified consultant team to complete the City's work. Staff recommends moving forward with the project design in at least two phases: • In the first phase, the Consultant will advance the park design to 30 percent including all of the architectural park elements including an events plaza, play areas, splash pad and amphitheater. The consultant will also develop park renderings and update the cost estimate for full park construction to be used for grant applications and budgeting purposes. The consultant will also advance the design of site grading, initial parking areas, site lighting, multi -use plaza, and open play areas to 90 percent. For this first phase, staff negotiated a scope and fee with the consultant team for the above services for $326,173.04. • For the second phase of park development, as budget allows or as funding is secured, a portion of or the rest of the park improvements design may be advanced further towards construction. Project costs for the first phase and funding sources are shown below: Project Costs Earmarked Project Funding Preliminary Engineering $420,500 Fund 312 $1,875,023 OPTIONS: Authorize the City Manager to finalize and execute a contract with AHBL, Inc. for design services of the first phase of Balfour Park, or take other appropriate action. RECOMMENDED ACTION OR MOTION: Move to authorize the City Manager to finalize and execute a contract with AHBL, Inc. in the amount of $326,173.04 for the Balfour Park project design services. BUDGET/FINANCIAL IMPACTS: The City previously earmarked $1,875,023 for the development of Balfour Park in the Capital Reserve Fund 312. Of this amount, $15,435 has been expended to date, leaving $1,859,588 available for future expenditures. This project is not currently included in the 2021 Budget, and it will need to come forward as part of a future budget amendment if the motion is approved. STAFF CONTACT: John Bottelli, Parks Director John Hohman, Deputy City Manager ATTACHMENTS: AHBL Agreement DRAFT Contract No. AGREEMENT FOR PROFESSIONAL SERVICES AHBL, Inc. THIS AGREEMENT is made by and between the City of Spokane Valley, a code City of the State of Washington, hereinafter "City" and AHBL, Inc. hereinafter "Consultant," jointly referred to as "Parties." IN CONSIDERATION of the terms and conditions contained herein, the Parties agree as follows: 1. Work to Be Performed. Consultant shall provide all labor, services, and material to satisfactorily complete the Scope of Services, attached as Exhibit A. A. Administration. The City Manager or designee shall administer and be the primary contact for Consultant. Prior to commencement of work, Consultant shall contact the City Manager or designee to review the Scope of Services, schedule, and date of completion. Upon notice from the City Manager or designee, Consultant shall commence work, perform the requested tasks in the Scope of Services, stop work, and promptly cure any failure in performance under this Agreement. B. Representations. City has relied upon the qualifications of Consultant in entering into this Agreement. By execution of this Agreement, Consultant represents it possesses the ability, skill, and resources necessary to perform the work and is familiar with all current laws, rules, and regulations which reasonably relate to the Scope of Services. No substitutions of agreed -upon personnel shall be made without the prior written consent of City. Consultant represents that the compensation as stated in paragraph 3 is adequate and sufficient for the timely provision of all professional services required to complete the Scope of Services under this Agreement. Consultant shall be responsible for the technical accuracy of its services and documents resulting therefrom, and City shall not be responsible for discovering deficiencies therein. Consultant shall correct such deficiencies without additional compensation except to the extent such action is directly attributable to deficiencies in City -furnished information. C. Standard of Care. Consultant shall exercise the degree of skill and diligence normally employed by professional consultants engaged in the same profession, and performing the same or similar services at the time such services are performed. D. Modifications. City may modify this Agreement and order changes in the work whenever necessary or advisable. Consultant shall accept modifications when ordered in writing by the City Manager or designee, so long as the additional work is within the scope of Consultant's area of practice. Compensation for such modifications or changes shall be as mutually agreed between the Parties. Consultant shall make such revisions in the work as are necessary to correct errors or omissions appearing therein when required to do so by City without additional compensation. 2. Term of Contract. This Agreement shall be in full force and effect upon execution and shall remain in effect until completion of all contractual requirements have been met as determined by City. Consultant shall complete its work by December 31, 2023 unless the time for performance is extended in writing by the Parties. Either Party may terminate this Agreement for material breach after providing the other Party with at least 10 days' prior notice and an opportunity to cure the breach. City may, in addition, terminate this Agreement AHBL, Inc. Agreement, Balfour Park Page 1 of 8 DRAFT Contract No. for any reason by 10 days' written notice to Consultant. In the event of termination without breach, City shall pay Consultant for all work previously authorized and satisfactorily performed prior to the termination date. 3. Compensation. City agrees to pay Consultant an agreed upon hourly rate up to a maximum amount of $326,173.04 as full compensation for everything done under this Agreement, as set forth in Exhibit B. Consultant shall not perform any extra, further, or additional services for which it will request additional compensation from City without a prior written agreement for such services and payment therefore. 4. Payment. Consultant shall be paid monthly upon presentation of an invoice to City. Applications for payment shall be sent to the City Finance Department at the below -stated address. City reserves the right to withhold payment under this Agreement for that portion of the work (if any) which is determined in the reasonable judgment of the City Manager or designee to be noncompliant with the Scope of Services, City standards, City Code, and federal or state standards. 5. Notice. Notices other than applications for payment shall be given in writing as follows: TO THE CITY: Name: Christine Bainbridge, City Clerk Phone: (509) 720-5000 Address: 10210 East Sprague Avenue Spokane Valley, WA 99206 TO THE CONSULTANT: Name: Erik Fitzpatrick, Principal Phone: (509) 252-5019 Address: 827 W First Avenue, Suite 220 Spokane, WA 99201 6. Applicable Laws and Standards. The Parties, in the performance of this Agreement, agree to comply with all applicable federal, state, and local laws and regulations. Consultant states that its designs, construction documents, and services shall conform to all federal, state, and local statutes and regulations. 7. Certification Regarding Debarment, Suspension, and Other Responsibility Matters — Primary Covered Transactions. A. By executing this Agreement, the Consultant certifies to the best of its knowledge and belief that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; 2. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (A)(2) of this certification; and AHBL, Inc. Agreement, Balfour Park Page 2 of 8 DRAFT Contract No. 4. Have not within a three-year period preceding this application/proposal had one or more public transactions (federal, state, or local) terminated for cause or default. B. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this Agreement. 8. Relationship of the Parties. It is understood and agreed that Consultant shall be an independent contractor and not the agent or employee of City, that City is interested in only the results to be achieved, and that the right to control the particular manner, method, and means in which the services are performed is solely within the discretion of Consultant. Any and all employees who provide services to City under this Agreement shall be deemed employees solely of Consultant. The Consultant shall be solely responsible for the conduct and actions of all its employees under this Agreement and any liability that may attach thereto. 9. Ownership of Documents. All drawings, plans, specifications, and other related documents prepared by Consultant under this Agreement are and shall be the property of City, and may be subject to disclosure pursuant to chapter 42.56 RCW or other applicable public record laws. The written, graphic, mapped, photographic, or visual documents prepared by Consultant under this Agreement shall, unless otherwise provided, be deemed the property of City. City shall be permitted to retain these documents, including reproducible camera-ready originals of reports, reproduction quality mylars of maps, and copies in the form of computer files, for the City's use. City shall have unrestricted authority to publish, disclose, distribute, and otherwise use, in whole or in part, any reports, data, drawings, images, or other material prepared under this Agreement, provided that Consultant shall have no liability for the use of Consultant's work product outside of the scope of its intended purpose. 10. Records. The City or State Auditor or any of their representatives shall have full access to and the right to examine during normal business hours all of Consultant's records with respect to all matters covered in this Agreement. Such representatives shall be permitted to audit, examine, make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, and record of matters covered by this Agreement for a period of three years from the date final payment is made hereunder. 11. Insurance. Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by Consultant, its agents, representatives, employees, or subcontractors. A. Minimum Scope of Insurance. Consultant's required insurance shall be of the types and coverages as stated below: 1. Automobile liability insurance covering all owned, non -owned, hired, and leased vehicles. Coverage shall be at least as broad as Insurance Services Office (ISO) form CA 00 01. 2. Commercial general liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop -gap independent contractors and personal injury, and advertising injury. City shall be named as an additional insured under Consultant's commercial general liability insurance policy with respect to the work performed for the City using an additional insured endorsement at least as broad as ISO CG 20 26. 3. Workers' compensation coverage as required by the industrial insurance laws of the State of Washington. AHBL, Inc. Agreement, Balfour Park Page 3 of 8 DRAFT Contract No. 4. Professional liability insurance appropriate to Consultant's profession. B. Minimum Amounts of Insurance. Consultant shall maintain the following insurance limits: 1. Automobile liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial general liability insurance shall be written with limits no less than $2,000,000 each occurrence, and $2,000,000 general aggregate. 3. Professional liability insurance shall be written with limits no less than $2,000,000 per claim and $2,000,000 policy aggregate limit. C. Other Insurance Provisions. The Consultant's policies are to contain, or be endorsed to contain, the following provisions for automobile liability and commercial general liability insurance: 1. Consultant's insurance coverage shall be primary insurance with respect to the City. Any insurance, self-insurance, or self -insured pool coverage maintained by City shall be in excess of Consultant's insurance and shall not contribute with it. 2. Consultant shall provide City and all additional insured for this work with written notice of any policy cancellation within two business days of their receipt of such notice. 3. If Consultant maintains higher insurance limits than the minimums shown above, City shall be insured for the full available limits of commercial general and excess or umbrella liability maintained by Consultant, irrespective of whether such limits maintained by Consultant are greater than those required by this Agreement or whether any certificate of insurance furnished to the City evidences limits of liability lower than those maintained by Consultant. 4. Failure on the part of Consultant to maintain the insurance as required shall constitute a material breach of the Agreement, upon which the City may, after giving at least five business days' notice to Consultant to correct the breach, immediately terminate the Agreement, or at its sole discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to City on demand, or at the sole discretion of the City, offset against funds due Consultant from the City. D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Evidence of Coverage. As evidence of the insurance coverages required by this Agreement, Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Agreement before commencement of the work. 12. Indemnification and Hold Harmless. Consultant shall, at its sole expense, defend, indemnify, and hold harmless City and its officers, agents, and employees, from any and all claims, actions, suits, liability, loss, costs, attorney's fees, costs of litigation, expenses, injuries, and damages of any nature whatsoever relating to or arising out of the wrongful or negligent acts, errors, or omissions in the services provided by AHBL, Inc. Agreement, Balfour Park Page 4 of 8 DRAFT Contract No. Consultant, Consultant's agents, subcontractors, subconsultants, and employees to the fullest extent permitted by law, subject only to the limitations provided below. However, should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, and volunteers, the Consultant's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Consultant's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Consultant's waiver of immunity under Industrial Insurance, Title 51, RCW, solely for the purpose of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 13. Waiver. No officer, employee, agent, or other individual acting on behalf of either Party has the power, right, or authority to waive any of the conditions or provisions of this Agreement. A waiver in one instance shall not be held to be a waiver of any other subsequent breach or nonperformance. All remedies afforded in this Agreement or by law shall be taken and construed as cumulative and in addition to every other remedy provided herein or by law. Failure of either Party to enforce at any time any of the provisions of this Agreement or to require at any time performance by the other Party of any provision hereof shall in no way be construed to be a waiver of such provisions nor shall it affect the validity of this Agreement or any part thereof. 14. Assignment and Delegation. Neither Party shall assign, transfer, or delegate any or all of the responsibilities of this Agreement or the benefits received hereunder without prior written consent of the other Party. 15. Subcontracts. Except as otherwise provided herein, Consultant shall not enter into subcontracts for any of the work contemplated under this Agreement without obtaining prior written approval of City. 16. Confidentiality. Consultant may, from time -to -time, receive information which is deemed by City to be confidential. Consultant shall not disclose such information without the prior express written consent of City or upon order of a court of competent jurisdiction. 17. Jurisdiction and Venue. This Agreement is entered into in Spokane County, Washington. Disputes between City and Consultant shall be resolved in the Superior Court of the State of Washington in Spokane County. Notwithstanding the foregoing, Consultant agrees that it may, at City's request, be joined as a party in any arbitration proceeding between City and any third party that includes a claim or claims that arise out of, or that are related to Consultant's services under this Agreement. Consultant further agrees that the Arbitrator(s)' decision therein shall be final and binding on Consultant and that judgment may be entered upon it in any court having jurisdiction thereof. 18. Cost and Attorney's Fees. The prevailing party in any litigation or arbitration arising out of this Agreement shall be entitled to its attorney's fees and costs of such litigation (including expert witness fees). 19. Entire Agreement. This written Agreement constitutes the entire and complete agreement between the Parties and supersedes any prior oral or written agreements. This Agreement may not be changed, modified, or altered except in writing signed by the Parties hereto. 20. Anti -kickback. No officer or employee of City, having the power or duty to perform an official act or action related to this Agreement shall have or acquire any interest in this Agreement, or have solicited, accepted, or granted a present or future gift, favor, service, or other thing of value from any person with an AHBL, Inc. Agreement, Balfour Park Page 5 of 8 DRAFT Contract No. interest in this Agreement. 21. Assurance of Compliance with Applicable Federal Law. During the performance of this Agreement, the Consultant, for itself, its assignees, and successors in interest agrees as follows: A. Compliance with Regulations: Consultant shall comply with the federal laws set forth in subsection G of this Section 21 ("Pertinent Non -Discrimination Authorities") relative to non- discrimination in federally -assisted programs of the U.S. Department of Transportation, Washington State Department of Transportation (WSDOT), as they may be amended from time - to -time, which are herein incorporated by reference and made a part of this Agreement. B. Non-discrimination: Consultant, with regard to the work performed by it during this Agreement, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. Consultant shall not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. C. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by Consultant for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier shall be notified by Consultant of Consultant's obligations under this Agreement and the Acts and the Regulations relative to non-discrimination on the grounds of race, color, or national origin. D. Information and Reports: Consultant shall provide all information and reports required by the Acts, the regulations, and directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the City or the WSDOT to be pertinent to ascertain compliance with such Acts, regulations, and instructions. Where any information required of Consultant is in the exclusive possession of another who fails or refuses to furnish the information, Consultant shall so certify to the City or the WSDOT, as appropriate, and shall set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance: In the event of a Consultant's noncompliance with the non-discrimination provisions of this Agreement, the City will impose such contract sanctions as it or the WSDOT may determine to be appropriate, including, but not limited to: 1. withholding payments to Contractor under the Agreement until Consultant complies; and/or 2. cancelling, terminating, or suspending the Agreement, in whole or in part. F. Incorporation of Provisions: Consultant shall include the provisions of paragraphs one through six of this Section 21 in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, regulations and directives issued pursuant thereto. Consultant shall take action with respect to any subcontract or procurement as the City or the WSDOT may direct as a means of enforcing such provisions, including sanctions for noncompliance. Provided, that if Consultant becomes involved in, or is threatened with litigation by a subcontractor or supplier because of such direction, Consultant may request that the City enter into any litigation to protect the interests of the City. In addition, Consultant may request the United States to enter into the litigation to protect the interests of the United States. AHBL, Inc. Agreement, Balfour Park Page 6 of 8 DRAFT Contract No. G. Pertinent Non -Discrimination Authorities: During the performance of this Agreement, the Consultant agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21; The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. §4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); Federal -Aid Highway Act of 1973, (23 U.S.C. §324 et seq.), (prohibits discrimination on the basis of sex); Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. §794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C. §6101 et seq.), (prohibits discrimination on the basis of age); Airport and Airway Improvement Act of 1982, (49 USC §471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal - aid recipients, sub -recipients and contractors, whether such programs or activities are Federally funded or not); Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131- 12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. §47123) (prohibits discrimination on the basis of race, color, national origin, and sex); Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures Non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); and AHBL, Inc. Agreement, Balfour Park Page 7 of 8 DRAFT Contract No. Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. § 1681 et seq.). 22. Business Registration. Consultant shall register with the City as a business prior to commencement of work under this Agreement if it has not already done so. 23. Severability. If any section, sentence, clause, or phrase of this Agreement should be held to be invalid for any reason by a court of competent jurisdiction, such invalidity shall not affect the validity of any other section, sentence, clause, or phrase of this Agreement. 24. Exhibits. Exhibits attached and incorporated into this Agreement are: A. Scope of Services B. Fee proposal C. Insurance Certificates The Parties have executed this Agreement this day of , 2021. CITY OF SPOKANE VALLEY Consultant: Mark Calhoun, City Manager By: Its: Authorized Representative APPROVED AS TO FORM: Office of the City Attorney AHBL, Inc. Agreement, Balfour Park Page 8 of 8 City of Spokane Valley — Balfour Park AHBL No. 2210203 Exhibit A Balfour Park Improvements - Scope of Work Revised Scope of Work June 24, 2021 Thank you for the opportunity to submit this proposal for services from design through construction administration of the Balfour Park Improvements project in the City of Spokane Valley. The City (COSV) seeks to improve the approximately 8-acre park property on the block across from COSV City Hall. The site consists of four parcels totaling 8.13 acres, a mid -block pedestrian crossing across Sprague from City Hall to the park, and portions of the City Hall property where the crossing ties in. The project will be designed in conjunction with the Spokane County Library District owned adjacent 2.8 acres at the west end of the block, northwest of the intersection of East Sprague Avenue and North Herald Road. The City developed master plan included extensive public input and serves as the list of elements desired in the park. Our understanding of the scope of work is based on the project RFQ dated February 26, 2021, the 2019 updated master plan, and conversations with City staff. Partial funding has been secured for the park, but is known to be insufficient for complete development of the master plan. The goal of the Balfour Park project is to provide a safe central community gathering space incorporating Balfour Park, the new library, and City Hall into a cohesive campus. In addition to a fully coordinated design of the Balfour Park with library, the project will explore design of a pedestrian crossing between City Hall and the park on Sprague Avenue. Community input has already been incorporated into the park master plan. Continuing input will be used to prioritize master plan elements to fit into available funds. Public outreach will use digital means and two (2) public meetings with one being a public workshop session and the second an informational City Council meeting. RHBL Page I1 City of Spokane Valley — Balfour Park AHBL No. 2210203 Anticipated Schedule Scope of Work June 24, 2021 In order to catch up with the library design and construction schedule, the park will need to meet the following timeframes for each task. Table 1- Anticipated Overall Project Schedule Description Duration (Weeks) Schedule Scoping / Notice to Proceed (NTP) 6 May 17 — June 25 15% Schematic Planning 8 June — July 30% Design Development 8 July — Sept 90% Construction Drawings 10 Sept— Dec Phase 1 Bid Documents (Anticipated) 5 Dec —Jan Permitting (Anticipated) 3 Jan. 2022 Phase 1 Bidding (Anticipated) 2 Feb. 2022 Phase 1 Construction (Anticipated) 70 - 80 Mar 2022 — Sept 2023 This contract will include Schematic Planning through 90% Construction Drawings. Additional Tasks (Phase 1 Bid documents, etc.) will be authorized under separate contracts after completion of the 90% documents. This contract includes the following tasks: 1. Task 1— Project Management 1.1. Prepare monthly invoice review and summary narratives, we have assumed 10 months during the design and bidding phases of the project. 1.2. Prepare a Work Plan Schedule defining tasks and indicating deliverable dates. 1.3. Prepare monthly progress reports describing work completed, work in progress, anticipated project needs, and other pertinent information. 2. Task 2 - Schematic Planning (15%) 2.1. Prepare a Site Analysis to support a revised site design and review masterplan element placements for visibility and adjacency to the library and surrounding streets. 2.1.1. Explore 3 City Center campus and park site organization options. 2.1.2. Meet with the City Project Committee (PC) to discuss options and focus on a single preferred site plan. 2.2. Establish project priorities 2.2.1. Prepare a ROM construction estimate of master plan elements. 2.2.2. Conduct a public open house and prepare an online public survey to identify potential community priority elements. Please see Exhibit A-1 for additional public outreach scope items and approach. 2.3. Conduct preliminary studies and investigations for project development: 2.3.1. Geotechnical evaluation for project development (GeoEngineers) 2.3.2. Soils nutrient and toxicity testing for topsoil specification preparation (GeoEngineers) RHBL PageI2 City of Spokane Valley — Balfour Park Scoping Meeting Agenda AHBL No. 2210203 May 17, 2021 2.3.3. Cultural Resources Survey for public projects and future grant applications (Plateau). See Exhibit A-3 for additional information. 2.4. Reviews and Meetings 2.4.1. Prepare agenda for and meet weekly with the COSV Project Manager. 2.4.2. Prepare agenda for and meet at least monthly with the PC group. 2.4.3. Meet with the PC group to discuss site lighting, tour Riverfront Park at night to review lighting. 2.4.4. Attend one City Council meeting during SD in conjunction the Public Outreach Open House. 2.5. Deliverables 2.5.1. Geotechnical Report 2.5.2. Soil Test Reports 2.5.3. Cultural Resources Survey 2.5.4. Site analysis graphic exhibits 2.5.5. Project element priority surveys and final priority list 2.5.6. Conceptual site layout options 2.5.7. Preferred Site Layout Plan (the what and where of the master plan) 3. Task 3 - Design Development (30% PS&E) Design development (DD) is the stage at which most design decisions of the park design will be completed. Building on the steps in Schematic Design, our team will select additional materials and furnishings that match with the Library and City Hall, design structures, select playground equipment, safety surfacing, and site furnishings. Throughout this process, we will continually check back against the Master Plan's Design Program and project budgets. 3.1. Advance park site design showing the following elements: 3.1.1. Site vehicular and pedestrian circulation, parking, pathways, and plaza spaces. 3.1.2. Materials, large site furnishings, and all selected master plan elements 3.1.3. Campus Ideation: Prepare exhibits and graphics of potential campus theme elements and materials. 3.1.4. Artwork integration 3.1.5. STA bus stop integration 3.2. Prepare 30% civil design documents 3.2.1. 3.2.2. 3.2.3. 3.2.4. Civil Site Plan Paving and Layout Plans Utility Plans Grading and Drainage Plan 3.3. Provide a Sprague Avenue pedestrian crossing plan layout and channelization from intersections to the east and west of the park. 3.4. Prepare 30% architectural programming for the following elements (Integrus Architecture) 3.4.1. Amphitheater multi -purpose building RHBL PageI3 City of Spokane Valley — Balfour Park Scoping Meeting Agenda AHBL No. 2210203 May 17, 2021 3.4.2. Existing restroom renovation or replacement building 3.4.3. Picnic pavilion / multi -purpose shelter 3.4.4. Programming / exterior elevations 3.4.5. Architect's estimate 3.4.6. See exhibit A-2 for additional information from Integrus 3.5. Prepare exhibits for material and equipment selection of the following elements: 3.5.1. Playground supplier and equipment 3.5.2. Safety surfacing options 3.5.3. Splash pad supplier and equipment 3.5.4. Paving, fencing, guardrails, handrails, site walls, and seat walls 3.5.5. Site lighting fixtures 3.5.6. Site furnishings (benches, trash receptacles, bike racks, etc.) 3.6. Electrical, site lighting, and security (MW Engineers / Escent Lighting) 3.6.1. Electrical & telephone point of service & distribution 3.6.2. Electrical & lighting systems for all new structures 3.6.3. Electrical for splash pad 3.6.4. Site power for seasonal tree lighting and temp event use 3.6.5. Parking, pathway & basketball lighting incl. fixture selection and photometric analysis 3.6.6. Site security systems (cameras, emergency blue phones) 3.6.7. Wireless Access Points 3.6.8. Site audio systems for public address, background music 3.6.9. Engineer's Estimate 3.7. Landscape Design 3.7.1. Prepare a plant palette exhibit showing the designer's suggested species. 3.7.2. Prepare 30% planting and irrigation plans. 3.8. Graphics 3.8.1. Prepare a 2D colored landscape plan and 3D views of the park and key elements for public outreach, marketing, and grant applications. 3.8.2. 3D views to include: Three birds -eye aerial views in summer, fall, and winter; close up views of the amphitheater, playground, and events plaza. 3.9. Cost Estimates 3.9.1. Develop preliminary Bid Items List, Summary of Quantities, and Engineers Estimate based on the 30% Design Plans 3.10. Specifications 3.10.1. Develop preliminary Bid Items List and Unit Measurements 3.10.2. Identify potential bid alternate items 3.11. Reviews and Meetings 3.11.1. Prepare agenda for and meet weekly with the COSV Project Manager 3.11.2. Prepare agenda for and meet at least monthly with the PC group 3.11.3. DD Page Turn Review 3.11.4. City Council Informational Meeting 3.12. Deliverables RHBL PageI4 City of Spokane Valley — Balfour Park Scoping Meeting Agenda AHBL No. 2210203 May 17, 2021 3.12.1. Graphic Exhibits 3.12.2. 30% Plans and Specifications 3.12.3. Preliminary Bid Items List, Summary of Quantities, and Engineers Estimate 4. Task 4 - Construction Documents (90%) In the Construction Document phase, design decisions previously made are compiled into biddable plans for contractors. There are still design decisions being made in this phase, but most items, especially those that cost significant amounts, are finalized. Permitting will be accomplished using the 90% plan set in Task 4. Two scheduled reviews will be accomplished during this phase allowing the PC group the opportunity to review and comment on the plans. 4.1. Revise 30% park plans to incorporate PC group comments. 4.2. Prepare 90% Construction Documents for all non -architectural park elements including plans, elevations, sections, and details. This assumes no architectural elements are included in the Phase 1 package. 4.3. Prepare project special conditions specifications in WSDOT/APWA format. 4.4. Reviews and Meetings 4.4.1. Prepare agenda for and meet weekly with the COSV Project Manager. 4.4.2. Prepare agenda for and meet at least monthly with the PC group. 4.4.3. 60% CD Page Turn Review 4.4.4. 90% CD Page Turn Review 4.4.5. Prepare final cost estimate using Bid Items list 4.5. Deliverables 4.5.1. 90% Plans and Specifications 4.5.2. Final Engineer's Estimate and Bid Item List 4.6. Reviews and Meetings 4.6.1. Prepare agenda for and meet weekly with the COSV Project Manager. 4.6.2. Prepare agenda for and meet at least monthly with the PC group. 5. Task 5 — Management Reserve Fund The objective of this task is to provide a contingency fund that may be used for unanticipated work or for additions to the design. If needed, a separate scope and fee estimate will be prepared by the Consultant for review and approval by the City Project Manager. Potential items could include the following: • Campus monument signage • Campus wayfinding (maps and locator signs) • Interpretive sign graphic development • Additional topographic survey • Additional 3D rendering graphics RHBL PageI5 City of Spokane Valley — Balfour Park AHBL No. 2210203 Table 2 - Balfour Park Improvements Completion Matrix Scoping Meeting Agenda May 17, 2021 Item Description Percent Complete Phase 1 Library Project Elements Identified in the Master Plan Reading Garden N/A Mini -Amphitheater N/A Interpretive Trail N/A Park Project Structures Multi -purpose Shelter/ Band Shell 30% Renovated existing restrooms 30% New Restrooms 30% Picnic Shelter 30% Park Project Elements Grading and Drainage 90% Sewer, Water, Storm, Power Infrastructure 90% Internal Pathways and Pedestrian Circulation 90% Temporary Facilities 90% Multi -use Plaza 90% X Phase 1 Parking Lots and Vehicular Circulation (-50 Total Spaces) 90% X Future Parking Lots and Vehicular Circulation (-110 Total Spaces) 90% Main Amphitheater Grading; Capacity _TBD_ 90% X Large Open Play Areas 90% X Trash / Maintenance Services Structure 90% Decorative Concrete 'River' 90% Site Lighting 90% X Public Art (2 locations) 90% X Water Features 90% STA Bus Stop 90% X Interpretive Displays 90% Sprague Pedestrian Crossing 10% "The Grove" Cultural History Court 90% Internal Gateway Signage 90% Sprague Ave. Monument Signage 90% X Splash Pad 90% Replace or Relocate Existing Playground Structure 90% X Additional Playground Structures 90% Volleyball Court 90% Basketball Court 90% X Looped Pathways 90% X Farmer's Market / Food Truck Infrastructure 90% X Pickleball court(s) 90% Decorative Fencing 90% Site Furnishings (benches, trash, bike racks, bollards, tree grates, drinking fountains, planters, handrails and guardrails) 90% X RHBL Page I6 City of Spokane Valley — Balfour Park Scoping Meeting Agenda AHBL No. 2210203 May 17, 2021 Billing Summary Tasks will be billed on a time and expense basis, not to exceed the amount shown below without prior authorization from the City. Tasks shown on the invoice will match the task numbers shown below. Attached is a detailed task hour breakdown estimate used to develop this fee. PROJECT SUMMARY Basic Services AHBL Fees Subconsultant Fees Subtotal TASK 1 Project Management and Administration $ 4,569 $ 4,569 TASK 2 Schematic Planning $ 35,550 $ 2,840 $ 38,390 TASK 3 Design Development (30%) $ 70,489 $ 54,350 $ 124,839 TASK 4 Full Park Construction Documents (90%) $ 71,695 $ 10,880 $ 82,575 TASK 5 Management Reserve Allow $ - $ 35,000 TASK 6 Future Task $ - $ - $ TASK 7 Future Task $ - $ - $ TASK 8 Future Task $ - $ - $ Basic Services Subtotal $ 182,303 $ 68,070 $ 285,373 Other Services Task 2.1 Geotechnical Report $ 13,300 Task 2.2 Cultural Resources Survey $ 7,300 Task 3.1 3D Model and Renderings (3 views total) $ 16,200 Other Services Subtotal $ 36,800 Project Total Fees $ 322,173 Reimbursable Expenses Estimate $ 4,000 Project Total $ 326,173.04 Please note: In providing opinions of cost, Consultant has no control over cost or price of labor and materials, unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs, competitive bidding procedures and market conditions, time or quality of performance by operating personnel or third parties, and other economic and operational factors that may materially affect the ultimate project cost or schedule. Therefore, Consultant makes no warranty that the City's actual project costs will not vary from Consultant's opinions, analyses, projections, or estimates. Page I 7 City of Spokane Valley — Balfour Park Scoping Meeting Agenda AHBL No. 2210203 May 17, 2021 Exhibit A-1: Public Outreach Approach PHASE 1: PUBLIC ENGAGEMENT The City has been planning the expansion of Balfour Park and new library since 2013 when the City and the library district entered into an agreement to acquire the site adjacent to the existing Balfour Park. Open houses were held with the public to develop a conceptual site plan and a steering committee was formed to guide the development of the site. In 2019, a further effort was taken to validate the 2013 conceptual site plan/master plan through the development of an updated master plan which would allow the City's Parks Department to pursue funding opportunities as part of their Parks and Recreation Master Plan. The purpose of this outreach effort is to confirm the goals and priorities identified in the 2013 and 2019 master planning efforts and solidify a design for Phase 1 of the Balfour Park improvements which will be sent out for bid in early 2022. We propose a public engagement strategy that focuses on 1) information dissemination, 2) confirming goals and priorities that were identified in previous master planning efforts, and 3) prioritizes park elements based on the City's budget and public needs. A. Public Engagement Strategy AHBL will develop a formalized public engagement strategy that will be updated and maintained on the City's website to provide the public and stakeholders with information about how their feedback will be incorporated into the final design for Balfour Park. The Public Engagement Strategy will include methods for soliciting feedback from stakeholders and may include the following methods: • Preparation of a survey which will affirm the goals of the prior master planning efforts while prioritizing proposed park elements for inclusion based on the City's budget and public needs; • One public workshops/open house, to be held in -person or virtually as the pandemic and restrictions on in -person gatherings allow. B. Prepare Survey We will prepare questions for inclusion in a survey for the City's review. These questions will generally be focused on confirming the goals of the prior master planning efforts and prioritizing park elements for inclusion in the proposed park design. The survey will be disseminated via the City's website, social media channels, or other appropriate methods as discussed with the City. If the City maintains an email listserv, AHBL will provide an email template that can be sent to the community with the link to the survey and requesting participation. C. Public Open House RHBL PageI8 City of Spokane Valley — Balfour Park Scoping Meeting Agenda AHBL No. 2210203 May 17, 2021 AHBL's planners and landscape architects will facilitate one public open house workshop to solicit input from the general public. A second meeting will held at a regularly scheduled City Council meeting and will focus on informing the community about the proposed project and workshop outcomes. These meetings can be designed to be appropriate for in -person or online participation. At this point we assume that the open houses will be in -person, as the pandemic allows, however the City should make accommodations for those whose comfort level with in -person meetings may be lower but still want to participate in the process. If the City is currently live -streaming its public meetings we can piggy -back on the infrastructure in place at City Hall. We can also use tools like MeetingSift, which shows live visuals and graphics and allows polling on a mobile device during a public workshop or meeting. Tools like MeetingSift allow community members to attend meetings online, as well as contribute in real time, while viewing events live. RHBL PageI9 City of Spokane Valley — Balfour Park Scoping Meeting Agenda AHBL No. 2210203 May 17, 2021 Exhibit A-2: Architectural Scope and Approach Thank you for the opportunity to participate in identifying the required scope of work for the City of Spokane Valley's new Balfour Park. The new park will have several architectural elements which we understand are desired to be developed to a level of 30%. Integrus will work with AHBL and the planning committee to understand the context and locations for these features. Through a collaborative process we will identify the size, quality and features of each element. These will be documented with plan, elevation and 3D views for each piece and be sited in the larger park plans by AHBL. Integrus will participate in architectural and structural concept design for the park Amphitheater, Picnic shelter, and restroom facility. During the initial concept phase Integrus will participate with AHBL at planning committee meetings or separate site building meetings as needed. We will engage stakeholders in a workshop format to understand the vision, image and identity for each structure in the park. We anticipate 2-3 sessions will be needed to accomplish those tasks. We will first identify the overall goals and functions and then drill into specific functional details such as required occupants, storage, systems, etc. as needed. These workshop sessions will be documented and illustrated in the broader park concept package. This will include context and inspirational images, process diagrams and notes from the sessions. Each building will have a final program which includes the square footage and other functional requirements. The graphic style for each building will match the overall deliverable format. Please see the attached images for an example of the style of deliverable for this project. We look forward to the next stage of development for this work Sincerely, INTEGRUS ARCHITECTURE, P.S. Steven Clark, AIA Architect I Associate Principal RHBL Page I10 City of Spokane Valley - Balfour Park Scoping Meeting Agenda AHBL No. 2210203 May 17, 2021 Exhibit A-3: Cultural Resource Survey Scope Cultural resource investigation for the Balfour Park Project will include a review of the Washington Information System for Architectural and Archaeological Records Data (WISAARD) database maintained by the Department of Archaeology and Historic Preservation (DAHP) in Olympia, a background literature review, a pedestrian ground survey, and the preparation of a report. The fieldwork will be completed in a manner consistent with RCW 27.53.030, and will include inspection techniques to identify both surface and subsurface archaeological resources. The proper field methods will be completed, at the archaeologists discretion, depending upon information obtained during the background review and fieldwork. An unmanned aerial vehicle may be deployed for project mapping. Subsurface inspections could involve shovel excavations, or mechanical auger excavations, and screening of the fill to identify the nature and extent of any potential archaeological resources. The purpose of the investigation is to identify any cultural resources which may be adversely affected by the project. The area of potential effect to be investigated is the physical location of the proposed disturbances required by the project. If cultural resources are located during this project, further work, investigation, or analysis may be required to evaluate whether the resource(s) is/are eligible for inclusion on the National Register of Historic Places. This task does not include the formal National Register of Historic Places (NRHP) evaluation of any such resources in or near the project area. An electronic draft copy of the report in Portable Document Format (PDF) will be provided within twenty working days of completion of the field work. Any review and comment upon the draft report will be provided to Plateau within thirty days of receiving the draft report. Plateau will upload the final report to the DAHP's WISAARD portal, and provide contact information to request a review of the documentation. Since the submittal process varies by funding and permitting agency, Plateau will assist with submissions and verify that the reports are submitted with all appropriate cover sheets and/or exhibits. RHBL Page I11 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: July 6, 2021 Department Director Approval: El Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ® admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Potential Grant Opportunity —Transportation Improvement Board (TIB) GOVERNING LEGISLATION: RCW 35.77.010: Six Year Transportation Improvement Program PREVIOUS COUNCIL ACTION TAKEN: • July 22, 2014 — City Council approval for staff to apply for project funding from TIB, including Sullivan Road Preservation and Sidewalk project • March 27, 2018 — City Council approval for staff to apply for project funding from SRTC, including Mullan Road Preservation and Argonne Reconstruction (which included the concrete reconstruction of the Argonne/Montgomery intersection with signal and channelization upgrades) • July 2, 2019 — City Council approval for staff to apply for project funding from TIB, including Mullan Road Preservation and Argonne & Montgomery Intersection Reconstruction (which covered only the north segment of the corridor reconstruction submitted in 2018 to SRTC). • July 14, 2020 — City Council approval for staff to apply for project funding from TIB, including the Sullivan Road preservation project from Sprague to 8th and the Argonne Road concrete reconstruction from Indiana to Montgomery. • June 8, 2021 — Adoption of Resolution 21-002 adopting the 2022-2027 Six -Year Transportation Improvement Plan (TIP) BACKGROUND: On June 1, 2021, the Washington State TIB issued a Call for Projects for the Urban Arterial Program (UAP) and the Sidewalk Program (SP). The UAP makes approximately $68M available statewide and Spokane Valley is eligible to apply for funds from the northeast region's allocation of about $7.7M. The SP makes approximately $5M available statewide and Spokane Valley is eligible to apply for funds from the east region's allocation of about $1.1M. TIB requires a minimum 20% match for any awarded grant funds and additional points can be scored for matching levels between 20% and 40%. Applications are due August 13, 2020. Awards will be announced on November 19, 2021. The City has been awarded TIB funding each year between 2015 and 2019. The 2020 TIB call for projects was unsuccessful for Spokane Valley. The last time the City unsuccessfully submitted requests to TIB was in back-to-back years 2013 and 2014. However, in 2012, the City received $3.5M from TIB for the Sullivan West Bridge project; an award of three -times the city's typical annual award. TIB grant award results over the last three years provide insight into how projects have been awarded in the past and how they may be awarded in the future. Generally, UAP project awards range between $1M to $2M and the average award is approximately $1.2M. Twelve of the 16 awarded projects provided an overmatch of at least 5% over the required TIB match of 20%. See Table 1 for a detailed breakdown of recent UAP awards. Table 1: 2018-2020 3-Yr Average Award Data for Urban Arterial Projects (UAP) Total Project Cost Amount Awarded % Overmatch Median $2,048,608 $1,210,838 15% Average $2,992,599 $1,276,210 21% Minimum $494,150 $345,905 0% Maximum $11,129,807 $2,467,406 71 % Total Number of Awarded Projects: 16 (2018: 7, 2019: 5, 2020: 4) # of Awards — Award Size < $1 M: 7 # of Awards — % Overmatch 0%: 3 # of Awards — Award Size $1M to $1.5M: 4 # of Awards — % Overmatch 1%-10%: 4 # of Awards — Award Size $1.5M to $2M: 3 # of Awards — % Overmatch 10%-20%: 2 # of Awards — Award Size > $2M: 2 # of Awards — % Overmatch >20%: 7 Generally, the last three years for the SP (2017-2019), project awards ranged between $98,000 to $440,000 and the average award was approximately $282,000. Seven of the 11 awarded projects provided an overmatch of at least 5%. See Table 2 for a detailed breakdown of recent SP awards. Table 2: 2017-2019 3-Yr Average Award Data for Sidewalk Projects (SP) Total Project Cost Amount Awarded % Overmatch Median $486,000 $260,498 7% Average $438,319 $281,997 14% Minimum $154,893 $97,269 0% Maximum $765,398 $439,800 52% Total Number of Awarded Projects: 11 (2017: 5, 2018: 4, 2019: 2) # of Awards — Award Size < $200k: 3 # of Awards — % Overmatch 0%: 4 # of Awards — Award Size $200k to $350k: 3 # of Awards — % Overmatch 1 %-10%: 2 # of Awards — Award Size >$350k: 5 # of Awards — % Overmatch 10%-20%: 3 # of Awards — % Overmatch >20%: 4 Staff has reviewed the grant scoring criterion and compared it to the City's 2022-2027 TIP, Comprehensive Plan, pavement condition analysis, crash history, and other elements of the City's transportation network. City matching funds are to be funded by REET revenues. The proposed 2021 TIB application list is identified in Table 3. Cost estimates are currently being developed. The recommended City match amount assumes a 20% minimum required match plus a calculated over -match to maximize scoring potential while maintaining a competitive funding request. Final project cost estimates and match amounts will be provided as part of the July 13 Council presentation. Table 3. Proposed TIB Projects & Preliminary Costs & Funding Requests Project Name Total Estimated Cost Grant (R )quest City Match (%) Urban Arterial Program (UAP) $3,100,000 $2,232,000 $868,000 Preservation + Sidewalk + ITS (72%) (28%) 1. Sullivan Road Preservation (REET) $700,000 $0 $700,000 & Sidewalk (Sprague to 8th Ave) Stormwater (0%) (100%) (Non-REET) $3,800,000 $2,232,000 $1,568,000 Total Project Combined (59%) (41 %) 2. Argonne Corridor Reconstruction $2,700,000 $ 1,836,000 $ 864,000 (Indiana to Montgomery) Concrete Reconstruction (68%) (32%) Sidewalk Program (SP) 3. 8th Ave. (Coleman to Park) $450,000 $288,000 (72%) $112,000 (28%) OPTIONS: Discussion. RECOMMENDED ACTION OR MOTION: Staff requests Council consensus to proceed with the proposed projects. A final project list, cost estimates and recommended match amounts will be brought to Council for a motion consideration at the July 13, 2021 Council meeting. BUDGET/FINANCIAL IMPACTS: Upon coordination with the City's Finance Dept., REET balances are sufficient to cover the anticipated match for one UAP award and one SP award. It is not likely that the City would receive funding for two UAP awards. For the Sullivan Preservation UAP project, stormwater elements are funded by stormwater funds 402/403 and also utilize approximately $250,000 of Ecology grant funds. STAFF CONTACT: Adam Jackson, P.E. — Engineer — Planning & Grants ATTACHMENTS: PowerPoint Presentation Potential Grant Opportunity Transportation Improvement Board Spokane jUalley July 6, 2021 Adam Jackson, Engineer - Planning & Grants Engineering Division WHAT IS TIB? Transportation Improvement Board Independent state agency created by the Legislature Distributes and manages street construction and maintenance grants to 320 cities and urban counties Funds are generated by three cents of the statewide gas tax 2021 TIB FUNDING " Applications due by August 13, 2021 " 20% Minimum Match Required Urban Arterial Program (UAP) • Total program funds • City -eligible funds • Typical Award Value Sidewalk Program (SP) Total program funds City -eligible funds Typical Award Value $68 million $7.7 million $1-2 million $5 million $1.1 million $150,000-$400,000 i ,y-44•,Tran5B0rtation Fmpravernent Board Project 1=unding Status Form 8.3-208t0091.1 Mercy,$PQISANE V ALLEY Project r'ten'g Broadway Avenue Arganne Fad td Motion Rd Verity th ndamlaio"n below and reYiaa if neceasarY RTpOar;ay&rsnopp 6W9eA0n 19 �r p np9ement Bad pn6kfuaYlCTOn hPPreVFUND' Canrraet old hward CoWeiti CPmP leill PR��E rtunam Fdne�nQ van SPOKAN EV— WSDUT — Fooeral Fuads TOTAL U Signatt signed Mar Tie wombs AIMI 30, 2018 .,�..‘ Coty of 6nn9M Spokane Valley. WA 99208 °'^a..�,...n.,. mar hrs. Manlz_ Based on yodr Updated Estimate for 080(0029033gra fhotnzea 78 tundra arBroaawa You o 87.500,p`gg ri prole.. Tl6 nldy new award the wnrch refky,YS a % puns.'ruction contra.. Bennett lrt P aAAY to assist Yau GroriaB�TIB, a'9evE"9'neer, at f3g0 anY 9uesliuns. Yo Sinr�� ) Seg-743 or via a -ma f a''wlta° Gloria Manager FGllona Manti P. pokane y 0 E Sprague g1y,�y Adige), cut eepn 0/rector cc: Chelsea Taylor Washington State Transportation improvement Board cosy °r„W4n"ks 3 RECOMMENDED PROJECTS Argonne Corridor Concrete Reconstruction (Ph. 2) s E Sprague Ave thn,, c• . j• ■; cr.). Coleman to Park ir ■ %• D . ■ ■.■#.* ..g • • ■ 11 ■ 4 Trent Ave s • ♦ E I'V1ansfieldAve E t 90 Fuvy E 1 90 Fwy E 190 pk45, • Pa 0 • M� • • 0- • • • • •• ■ • ■ • n E Sib Ave E SpragueAve E4thAve ■ i * I' ■• ■ �� 6 r• • ■ ■ ■ ■ ■ • • a▪ i ■ E S ague CC ♦■ . ▪ E ■ r - < < .c • ■ ■ ■ r Df.IIr- To r`r`421. AVP. tin 4 u s* kJ - Sullivan Road Preservation and Sidewalk 0- E 3J2ndA RECOMMENDED PROJECTS Preliminary estimates are being developed. Final cost estimates will be finalized by the time of application but will not exceed the costs presented to Council as part of the planned motion consideration on July 13, 2021. Urban Arterial Program (UAP) " Argonne/Montgomery Reconstruction (Ph. 2) $2.7 million Completes the 2019 TIB funding of the Argonne/Montgomery Concrete Reconstruction Generally bound by Indiana Ave. (south) and south property line of Longhorn BBQ (north) Sullivan Road Preservation $3.8 million Pavement preservation from Sprague to 8th Avenue Potential for inclusion of ITS and sidewalk (west side of Sullivan from 4th to 8th Ave.) TIB supports sidewalk inclusion in its arterial preservation projects rather than standalone sidewalk projects. Limited ROW available, staff to consider deviation for reduced sidewalk width vs. ROW acquisition. 5 RECOMMENDED PROJECTS Preliminary estimates are being developed. Final cost estimates will be finalized by the time of application but will not exceed the costs presented to Council as part of the planned motion consideration on July 13, 2021. Sidewalk Program (SP) 8th Ave. Sidewalk (Coleman to Park) 900 LF of sidewalk infill on north side of 8th Ave. Connects to Edgecliff Park (at Park Rd.) Leaves 1,300 LF gap from Thierman to Coleman. $450,000 QUESTIONS? CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: July 6, 2021 Department Director Approval: El Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ® admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Administrative Report — City Art Sculptures. GOVERNING LEGISLATION: Chapter 3.34 SVMC — Acceptance of donations and gifts; chapter 3.46 SVMC — Non -architectural and engineering services. PREVIOUS COUNCIL ACTION TAKEN: Since the early days after incorporation, the Spokane Valley Arts Council has donated a number of sculptures to the City for public display. On March 12, 2019, Council approved the Agreement with the Spokane Valley Arts Council. BACKGROUND: The Spokane Valley Arts Council (SVAC) is a not -for -profit 501(c)(3) organization formed in 2004 for the stated purpose of working "with local businesses, civic leaders and artists to cooperatively conceive, develop and implement art -related programs and cultural activities." The SVAC has been instrumental in identifying projects to be constructed and located on property owned by the City, for the cultural benefit of our citizens. On March 12, 2019, Council approved an agreement with the SVAC that included various aspects of our long-term relationship. Section 4.a. of the agreement requires that the SVAC provide Council with a reasonable advance opportunity to provide input on which sculptures are chosen for donation to the City, recognizing that the ultimate decision to accept or reject any proposed gift of artwork rests solely with the City Council. Section 4.b. of the agreement further specifies that the SVAC provide the City with information at least one year prior to the time a sculpture intended for donation to the City is anticipated to be permanently placed, so the City has an opportunity to determine where the piece will be installed and also to budget for the costs related to installing the piece. Staff will provide an update of seven art sculpture donations previously accepted and their placements. An additional four recently accepted sculptures, Heart of the Valley by Richard Warrington, The Ascent by Gary Lee Price, Indomitable Spirit by Jerry McKellar, and Huckleberry Daze by Jerry McKellar are currently in storage at the City's Maintenance Facility awaiting future placement. The SVAC also received a 2021 Outside Agency Funding award of $15,000 toward a potential future sculpture: Soulmates by Joey Marcella. OPTIONS: Update only RECOMMENDED ACTION OR MOTION: None BUDGET/FINANCIAL IMPACTS: There are financial impacts for the installation and ongoing maintenance costs associated with locating sculptures, depending upon the location. STAFF CONTACT: John Bottelli, Parks, Recreation & Facilities Director ATTACHMENTS: PowerPoint Presentation CITY OF SPOKANE VALLEY SCULPTURES Accepted Sculptures/Locations Currently sited: w Working the Line (Mountain Man) by artist Jerry McKellar CP Campus N. Dance of Sun and Moon by artist Jerry McKellar CP Campus - Harvest Time on the Big Missouri (Berry Picker) City Hall by artist Nancy McLaughlin sw Coup Ponies by artist Jerry McKellar City Hall m Great Spirit's Gift (Woman With Horse) by artist Ace Powell City Hall ow If I Could but Fly by artist Bob Wilfong CP West Lawn N. Rock Star by artist Bob Wilfong CP West Lawn mk Siting determined N. Heart of the Valley by artist Richard Warrington Future Balfour Park im The Ascent by artist Gary Lee Price Future Balfour Park m Siting TBD I. Indomitable Spirit by artist Jerry McKellar TBD w Huckleberry Daze by artist Jerry McKellar TBD WORKING THE LINE Nickname: "Mountain Man" Artist: Jerry McKellar Bronze - 9 Feet Tall Placement: Mirabeau Point Park Near Discovery Playground Dedication: August 14, 2009 DANCE OF SUN AND MOON Artist: Jerry McKellar Bronze - 16 Feet Tall Placement: Mirabeau Point Park Near Discovery Playground Dedication: March 25, 2015 HARVEST TIME ON THE BIG MISSOURI Nickname: "Berry Picker" Artist: Nancy McLaughlin Bronze - 8.5 Feet Tall New Placement: City Hall Rededication: October 25, 2017 COUP PONIES Artist: Jerry McKellar Bronze - 16.5 Feet Tall Placement: City Hall Dedication: October 25, 2017 GREAT SPIRIT'S GIFT Nickname: "Woman With Horse" Artist: Ace Powell Bronze - 10.5 Feet Tall Placement: City Hall Dedication: October 25, 2017 If I COULD BUT FLY Artist: Bob Wilfong Bronze - 6 Feet Tall Placement: CenterPlace West Lawn Dedication Date: TBD ROCK STAR Artist: Bob Wilfong Bronze - 6 Feet Tall Placement: CenterPlace West Lawn Dedication Date: TBD HEART OF THE VALLEY Artist: Richard Warrington Aluminum - 12 Feet Tall Placement: Future Balfour Park Dedication Date: TBD THE ASCENT Artist: Gary Lee Price Bronze - 7.75 Feet Tall Placement: Future Balfour Park Dedication Date: TBD INDOMITABLE SPIRIT Artist: Jerry McKellar Bronze - 7 Feet Tall Placement: TBD Dedication Date: TBD HUCKLEBERRY DAZE Artist: Jerry McKellar Bronze - 5.5 Feet Tall Placement: TBD Dedication Date: TBD Potential Construction Costs Landscaping w Plant materials & bark I. Irrigation Electrical m Power source - Conduit w Lights m Timer or photocell Concrete curbing Sculpture Base To properly place the sculpture Total Cost Estimate Range $4,000 - $6,000 $5,000 - $10,000 $2,000 - $4,000 $1,000 - $3,000 $12,000 - $23,000 Monuments for Sculpture Information — donated by Arts Council Advanced Preview Sculpture Name: Soulmates Artist: Joey Marcella Marble - 6 feet tall - indoors 2021 Outside Agency Funding Application SVAC Requested: $52,000 City Awarded: $15,000 CITY OF SPOKANE VALLEY SCULPTURES Questions? DRAFT ADVANCE AGENDA as of July 1, 2021; 9:30 a.m. Please note this is a work in progress; items are tentative To: Council & Staff From: City Clerk, by direction of City Manager Re: Draft Schedule for Upcoming Council Meetings July 13, 2021, Formal Meeting, 6:00 p.m. [due Tue July 6] 1. Public Hearing Traffic Impact Fee Studies: Mirabeau, & N. Pines Subareas — Bill Helbig (10 minutes) 2. First Reading Ordinance 21-008, Adopting Traffic Fees Studies: Mirabeau & N. Pines Subareas — Bill Helbig, Jerremy Clark (5 min) 3. Consent Agenda (claims, payroll, minutes) (5 minutes) 4. Motion Consideration: Potential Grant Opportunity, Transportation Improvement Board — A.Jackson (5 min) 5. Admin Report: Batch Text Amendments — Marty Palaniuk 6. Admin Report: American Rescue Plan Act — Chelsie Taylor, Erik Lamb 7. Admin Report: Advance Agenda — Mayor Wick (10 minutes) (20 minutes) (5 minutes) [*estimated meeting: 60 mins] July 20, 2021, Study Session, 6:00 p.m. [due Tue July 13] ACTION ITEMS: 1. Second Reading Ord. 21-008, Adopting Traffic Fees Studies: Mirabeau & N. Pines Subareas — Bill Helbig, Jerremy Clark (5 min) 2. Fee Resolution 21-004, Amending Master Fee Schedule - Chelsie Taylor (5 minutes) NON -ACTION ITEMS; 3. Council Goals & Priorities for Use of Lodging Tax — Chelsie Taylor 4. Advance Agenda — Mayor Wick [*estimated meeting: Spokane Valley State of the City: July 21, 2021 (10 minutes) (5 minutes) mins] July 27, 2021, Formal Meeting, 6:00 p.m. [due Tue July 20] 1. Consent Agenda (claims, payroll, minutes) (5 minutes) 2. First Reading Ordinance 21-009, Batch Text Amendments — Marty Palaniuk (10 minutes) 3. Spokane Valley Library Update — John Hohman, Patrick Roewe, Mark Dailey of Integrus Archi.(20 minutes) 4. Admin Report: Advance Agenda — Mayor Wick (5 minutes) 5. Info Only: Department Monthly Reports [*estimated meeting: mins] August 3, 2021: National Night Out (Aug 3, 2021, Study Session, 6:00 p.m. cancelled) Aug 10, 2021, Formal Meeting, 6:00 p.m. 1. Consent Agenda (claims, payroll, minutes) 2. Second Reading Ordinance 21-009, Batch Text Amendments — Marty Palaniuk 3. Motion Consideration: Council Goals & Priorities for Use of Lodging Tax — Chelsie Taylor 4. Admin Report: Advance Agenda — Mayor Wick Aug 17, 2021, Study Session, 6:00 p.m. 1. Council 2022 Budget Goals — Mark Calhoun 2. Balfour Park Administrative Design Update — John Hohman, John Bottelli, et al 3. Advance Agenda — Mayor Wick Aug 24, 2021, Formal Meeting, 6:00 p.m. 1. Consent Agenda (claims, payroll, minutes) 2. Admin Report: 2022 Budget -Estimated Revenues & Expenditures — 3. Admin Report: Potential & Pending Projects — Chelsie Taylor 4. Admin Report: Advance Agenda — Mayor Wick 5. Info Only: Department Monthly Reports Chelsie Taylor [due Tue Aug 3] (5 minutes) (10 minutes) (10 minutes) (5 minutes) [due Tue Aug 10] (15 minutes) (10 minutes) (5 minutes) [due Tue Aug 17] (5 minutes) (10 minutes) (15 minutes) (5 minutes) [*estimated meeting: mins] Draft Advance Agenda 7/1/2021 1:52:12 PM Page 1 of 2 Aug 31, 2021, Study Session, 6:00 p.m. 1. Advance Agenda — Mayor Wick Sept 7, 2021, Study Session, 6:00 p.m. Proclamation: Alcohol & Drug Recovery Month 1. Advance Agenda — Mayor Wick Sept 14, 2021, Formal Meeting, 6:00 p.m. Proclamation: Constitution Week- Sept 17-23 1. PUBLIC HEARING #1: 2022 Budget Revenues, Property Taxes — Chelsie Taylor 2. Motion Consideration: Set Budget Hearing for October 12, 2021 — Chelsie Taylor 3. Advance Agenda — Mayor Wick Sept 21, 2021, Study Session, 6:00 p.m. 1. Proposed draft ordinance adopting 2022 property taxes — Chelsie Taylor 2. Outside Agencies Presentations — Chelsie Taylor 3. Advance Agenda — Mayor Wick Sept 28, 2021, Formal Meeting, 6:00 p.m. 1. Consent Agenda (claims, payroll, minutes) 2. Admin Report: Advance Agenda — Mayor Wick 3. Info Only: Department Monthly Reports Oct 5, 2021, Study Session, 6:00 p.m. 1. City Manager Presentation of 2022 Preliminary Budget — Mark Calhoun 2. Advance Agenda — Mayor Wick Oct 12, 2021, Formal Meeting, 6:00 p.m. 1. PUBLIC HEARING #2: 2022 Budget — Chelsie Taylor 2. First Reading Ordinance 21-, Property Tax 3. Admin Report: 2021 Budget Amendment — Chelsie Taylor 4. Advance Agenda — Mayor Wick Oct 19, 2021, Study Session, 6:00 p.m. 1. Advance Agenda — Mayor Wick Oct 26, 2021, Formal Meeting, 6:00 p.m. 1. PUBLIC HEARING: 2021 Budget Amendment — Chelsie Taylor 2. First Reading Ordinance 21-, Amending 2021 Budget 3. First Reading Ordinance 21-, Property Tax 4. First Reading Ordinance 21-_, Adopting 2022 Budget — Chelsie Taylor 5. Motion Consideration: Outside Agency Grant Awards — Chelsie Taylor 6. Admin Report: 2021 Budget Amendment — Chelsie Taylor 7. Advance Agenda — Mayor Wick *time for public or Council comments not included OTHER PENDING AND/OR UPCOMING ISSUES/MEETINGS: Appleway Trail Amenities Artwork & Metal Boxes Consolidated Homeless Grant Core Beliefs Resolution HHAA Funds Mirabeau Park Forestry Mgmt. Neighborhood Restoration No Parking Zones Park Lighting PFD Presentation Prosecutor Services Residency Ridgemont Area Traffic SCRAPS Service Update SREC On-line crime reporting St. Illumination (owners, cost, location St. O&M Pavement Preservation SVPD Precinct Needs Assessment SVPD Vehicle Replacement TPA [due Tue Aug 24] (5 minutes) [due Tue Aug 31] (5 minutes) [due Tue Sept 7] (10 minutes) (5 minutes) (5 minutes) [due Tue Sept 14] (10 minutes) (-60 minutes) (5 minutes) [due Tue Sept 21] (5 minutes) (5 minutes) [due Tue Sept 28] (30 minutes) (5 minutes) [due Tue Oct 5] (15 minutes) (10 minutes) (10 minutes) (5 minutes) [due Tue Oct 12] (5 minutes) [due Tue Oct 19] (10 minutes) (10 minutes) (10 minutes) (10 minutes) (15 minutes) (10 minutes) (5 minutes) Vehicle Wgt Infrastructure Impact Water Districts & Green Space Way Finding Signs Draft Advance Agenda 7/1/2021 1:52:12 PM Page 2 of 2