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HomeMy WebLinkAboutR-2025-153 Resolution to execute a repayment agreement with G.S. Long for the Mead Ave pedestrian crossing signal projectA RESOLUTION RESOLUTION NO. R-2025-153 authorizing the City of Yakima to enter into a repayment agreement with G.S. Long to install pedestrian signal improvements in the vicinity of 5 West Mead Avenue, Yakima, Washington. WHEREAS, the City of Yakima has established that public safety, especially on public streets, is a Strategic Priority for the City Council; and WHEREAS, the City Council is committed to assisting existing businesses, supporting new development as feasible and the preservation of the community employment base.; and WHEREAS, G.S. Long Company owns property on both sides of W Mead Ave and frequently cross the roadway with pedestrians and warehouse vehicles; and WHEREAS, the City of Yakima proposes to install a pedestrian signal and crossing in. the vicinity of 5 W Mead Ave to support growth of G.S. Long Company, and WHEREAS, the City of Yakima entered into an agreement with the Yakima County "Supporting Investment in Economic Development" program in the amount not to exceed four hundred thousand dollars ($400,000) including $160,000 in grant, $160,000 in loan and $80,000 in local match; and WHEREAS, G.S. Long Company has agreed to fund the $80,000 local match and the $160,000 in loan; and WHEREAS, the improvement of city streets to improve public safety is a priority. In this case, the new mid -block pedestrian signal will enable G.S. Long Company to bring in new local jobs in Yakima, address pedestrian safety, and allow for future redevelopment and improvements of their Yakima campus and operations; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized to sign the repayment agreement with G.S. Long including the $160,000 loan and $80,000 in local match to support the development of a pedestrian signal and crossing in the vicinity of 5 W Mead Ave. A ADOPTED BY THE CITY COUNCIL this 21 st day of October, 2025. osalinda Ibarra, City Clerk P-tricia Byers, ayor SIED REPAYMENT AGREEMENT SIED Contract No YC-RLR- PARTIES COMPANY: GS Long Co., Inc. a Washington corporation whose address is: CITY: 10 W. Mead Ave. Yakima, WA 98902 (Referred to as "COMPANY" herein). CITY OF YAKIMA, a Washington municipal corporation and first-class city, whose address is: 129 North Second Street Yakima, Washington 98901 II. PURPOSE A. The purpose of this Agreement is to provide for the construction of certain infrastructure improvements providing a mid -block crossing traffic improvement on Mead Avenue in Yakima, Washington (hereinafter referred to as the "PROJECT") utilizing in part loan and grant funds received from the Supporting Investments In Economic Diversification ("SIED") program administered by Yakima County, Washington. The PROJECT includes a mid -block pedestrian project on W. Mead Avenue. Elements of the project include engineering and design, pedestrian signal system with luminaire (2 signal poles), mobilization, demolition, sidewalk construction, pedestrian ramp construction, stop bar, paint and signage. The newly constructed utilities within right-of-way will be owned and maintained by the CITY. B. The design and construction of the PROJECT will be funded through three (3) separate components: (i) a SIED grant in the sum of One Hundred and Sixty Thousand Dollars ($160,000.00); and (ii) a SIED loan in the principal sum of One Hundred and Sixty Thousand Dollars ($160,000.00) and (iii).a local match of Eighty Thousand Dollars ($80,000.00) The proceeds of the loan and grant will be deposited in an interest -bearing account and shall be applied to project costs as determined appropriate by CITY. C. The purpose of this agreement is to confirm responsibility and terms for construction of the PROJECT, and the payment of the loan and local match by the COMPANY. III. BACKGROUND The COMPANY, GS Long Co., Inc., is the owner of certain real property within the city limits of the City of Yakima upon which it wishes to improve infrastructure to its property, specifically a mid -block pedestrian crossing between 10 W Mead Avenue and 5 W Mead Avenue. The COMPANY, GS Long Co., Inc., is the owner of the real property on both sides of W Mead Avenue and is proposing that the mid -block crossing will lead to synergies among -the -properties leading to future expansion and job growth._ The CITY and COMPANY, hereinafter the PARTIES, have reviewed alternatives and found the proposed mid -block crossing to be optimal and the most cost-effective solution. IV. AGREEMENT The parties of this Agreement acknowledge the mutual covenants and commitments contained herein and agree as follows: A. The PROJECT shall be constructed as a public facility improvement by the CITY in accordance with applicable law, rules, and regulations. Anticipated work to be done and estimated costs are attached hereto as Exhibit A, which is information that was provided as part of the SLED grant application. B. The COMPANY agrees to pay to the CITY an amount approximately equal to the amount of the local match and SIED loan, or Two -Hundred and Forty Thousand Dollars and no cents ($240,000.00) in the following manner. 1. -On -identification-of- the -Apparently Lowest Bidder the CITY will notify the COMPANY of the project cost plus contingency and will provide an invoice for the amount of funding needed to pay for PROJECT costs Tess SIED grant. 2. If the amount of the invoice exceeds Two -Hundred and Sixty -Four Thousand Dollars and no cents ($264,000.00), 10% over the expected cost of the PROJECT, the COMPANY will have five (5) business days to notify the CITY if it intends to make payment. If the COMPANY does not intend to make payment the CITY will notify the SIED program that the PROJECT will not be completed. 3. The company will make full payment within twenty (20) business days of the CITY providing the invoice. C. GS Long Co., Inc. predicts the total number of permanent, full-time employment positions created and/or retained with respect to this public facility and infrastructure project and attendant development will be approximately 30 retained employment positions — and 10 employment positions created by year three. D. The COMPANY shall provide to CITY such employment and investment data as may be requested by Yakima County SIED Board. E. CITY and COMPANY agree to cooperate in good faith in the performance of obligations hereunder for the purpose of constructing the public facility improvement project and developing the proposed project site. X. MISCELLANEOUS A. All notices and other communications provided for under this Repayment Agreement shall be in writing and mailed, certified mail return receipt requested, or delivered, If to Borrower GS Long Co., Inc. at its address at: GS Long Co., Inc. PO Box 9783. Yakima, WA 98909 If to Lender, at its address at: City of Yakima Attention: Bill Preston 129 North Second Street Yakima, WA 98901 Or, as to each party, at such other address as shall be designated by such party, in a written notice to the other parties complying as to delivery with the terms of this section. Except as otherwise provided in this Loan Agreement, all such notices and communications shall be effective three business days after the date the notice is deposited in the mail or the date the notice is delivered, whichever is sooner. B. The failure or delay of either party to insist upon strict performance of any provision of this Repayment Agreement or to exercise any right based upon a breach thereof or the acceptance of any performance during such breach shall not constitute a waiver of any right under this Repayment Agreement. The rights and remedies provided herein are cumulative, and are not exclusive of any other rights, powers, privileges, or remedies, now or hereafter existing, at law or in equity or otherwise. C. It is mutually agreed and understood that no amendment, modification, or waiver of any clause or condition of this Repayment Agreement is binding upon either party unless such amendment, modification, or waiver is in writing and executed by both parties. D. This Repayment Agreement contain all terms and conditions agreed to by City and Company as they relate to the subject matter hereof and supersede all oral statement(s) and prior writing(s) with respect thereto. E. The COMPANY agrees to release, indemnify, defend and hold harmless the City of Yakima, its elected and appointed officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers from all liabilities, losses, damages, and expenses related to all claims, suits, arbitration actions, investigations, and regulatory or other govemmental proceedings arising from or in connection with this Repayment Agreement or the acts, failures to act, errors or omissions of the COMPANY, or any one of them, or any of the COMPANY's agents or subcontractors, in performance of this Repayment Agreement, except for claims caused by the sole negligence of the City of Yakima. This indemnity shall survive termination of this Repayment Agreement. F. All questions of the validity, construction, and application of this Agreement shall be governed by the laws of the State of Washington. Venue for any suit between the parties arising out of this Agreement shall be the Superior Court of Yakima County, Washington. G. Any provision of this Repayment Agreement is held invalid or unenforceable by a court, such invalidity shall not affect the validity or operation of any other term or provision of the loan document, and such invalid term or provision shall be deemed to have been severed from the loan document. H. Final adoption of this Agreement is subject to review and approval by the Yakima City Council. IN WITNESS WHEREOF, the parties have caused this Repayment Agreement to be executed by their respective officers thereunto duly authorized. DATED this day of t::/(yi-..) 1..„)&"Y , 2025. COMPANY: GS Long Co., Inc. CITY: CITY OF YAKIMA By: Victoria Baker City Manager CITY CONTRACT NO: 203 RESOLUTION NO: ATTEST: a inda Ibarra y Clerk Exhibit A City of Yakima W. Mead Avenue Pedestrian Crossing Estimated Project Cost (May 2024 ENR National Construction Cost Index # 13532) UNIT NO. DESCRIPTION QUANTITY 1JN1T PRICE AMOUNT 1 Mobilization. Cleanup, and Demobilization 1 LS $26.000.00 $26.000 2 Removal of Stnrctues and Obstructions 1 LS $10.000.00 $10.000 3 Project Temporary Traffic Control 1 LS $15.000.00 $15.000 4 Work Zone Safety Contingency 1 FA $2.500.00 $2.500 S Commercial HMA Pavement Repair 30 SY $200.00 $6.000 6 Cement Conc. Sidewalk 40 SY $80.00 $3.200 7 Cement Conc. Curb Ramp 2 EA $2.500.00 $5.000 8 Traffic Curb and Gutter 50 LF $80.00 $4.000 9 Pedestrian Curb 50 LF $80.00 $4.000 10 Detectable Warning Surface 20 SF $10.00 $200 11 Pedestrian Signal System with Luminaire 1 LS $200.000.00 $200,000 (2 Signal Poles) 12 Electrical Service with Disconnect 1 LS $10.000.00 $10.000 13 Permanent Signing 1 LS $2.100.00 $2.100 14 Plastic Stop Bar 50 LF $20.00 $1.000 15 Plastic Crosswalk Line 100 SF $20.00 $2.000 Subtotal: $291.000 Contingency (10%. rounded)): $29.000 Washington State Sales Tax (0.0%*. per Rule 171): $0 Total Construction Cost: $320,000 Preliminary Engineering. Admin.. Fiscal. Legal (15%. rounded): $48.000 Construction Engineering (10%, rounded): $32.000 Right of Way: $0 Total Estimated Project Cost: $400,000 �AHEA FERGUSE N STOP AtNL ©N RED rALLUANT ., !OMMUNMCATIGNS STOP NENE ON RED ie • CITY OF YAKIMA SIED GRANT APPLICATION FIGURE 1 PROPOSED IMPROVEMENTS Cirmy 8r O►HhoM.e. L C(IN$UL1 ,4G 'P3eENE RS ITEM TITLE: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 7.F. For Meeting of: October 21, 2025 Resolution to execute a repayment agreement with G.S. Long for the Mead Ave pedestrian crossing signal project (Arterial Streets fund, developer to pay) SUBMITTED BY: Gary Ballew, Assistant City Manager SUMMARY EXPLANATION: G.S. Long contacted the City regarding the installation of a mid -block pedestrian crossing near 10 W. Mead Ave to support the growth of its operations, which are on both sides of Mead Avenue, The City determined that a pedestrian crossing could be installed in this area provided it is an engineered pedestrian signal system. The Yakima County SIED Board provided $320,000 for the project in the form of a grant and loan. There is also an $80,000 local match. Through the repayment agreement, G.S. Long agrees to pay the loan of $160,000 and the local match of $80,000. ITEM BUDGETED: No STRATEGIC PRIORITY 24-25: A Resilient Yakima RECOMMENDATION: Adopt Resolution. ATTACHMENTS: Resolution_repayment_agreement_GS_Long SI ED_Repayment_Agreement_signed_10,13.25_. pdf