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HomeMy WebLinkAbout02/07/2023 - 06.I. Resolution authorizing acceptance of a Transportation Improvement Board (TIB) grant award agreement for $1,335,000 for Nob Hill Boulevard Overlay Project 2619BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 6.I. For Meeting of: February 7, 2023 ITEM TITLE:Resolution authorizing acceptance of a Transportation Improvement Board (TIB) grant award agreement for $1,335,000 for Nob Hill Boulevard Overlay Project 2619 SUBMITTED BY:Scott Schafer, Director of Public Works * Bill Preston, City Engineer - (509) 576-6754 SUMMARY EXPLANATION: The Transportation Improvement Board (TIB) selected Yakima to receive a Fuel Tax Grant award of $1,335,000 for the Nob Hill Boulevard Overlay project 2619. The City of Yakima has plans to improve sections of Nob Hill Boulevard. The Overlay project includes milling and overlaying approximately 1.60 miles of roadway from 4th Avenue to 28th Avenue including ADA curb ramp improvements. The project has been split into two stages for construction; 4th Ave to 15th Ave and 15th Ave to 28th Ave. Funds from the TIB Award will be used towards the section of 15th Ave to 28th Ave. ITEM BUDGETED:No STRATEGIC PRIORITY:Public Safety APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOMMENDATION: Adopt Resolution. ATTACHMENTS: Description Upload Date Type Resolution 1/24/2023 Resolution Award Letter and Agreement 12/21/2022 Contract 1 RESOLUTION NO. R-2023- A RESOLUTION authorizing an agreement for a Transportation Improvement Board (TIB) Fuel Tax Grant Award of $1,335,000 for the Nob Hill Boulevard Overlay project 2619. WHEREAS, the City of Yakima received a Transportation Improvement Board Award for the Nob Hill Boulevard Overlay project; and WHEREAS, the Nob Hill Boulevard Overlay project includes milling and overlaying approximately 0.8 miles of roadway from 15th Avenue to 28th Avenue including ADA curb ramp improvements; and WHEREAS, the City of Yakima was selected to receive funding through the Transportation Improvement Board (“TIB”), Fuel Tax Agreement, Number 8-4-180(026)-1 for the project; and WHEREAS, the Transportation Improvement Board award shall provide 80 percent of project costs up to $1,335,000, and the City shall provide the remaining 20 percent match and any additional funding necessary to complete the project; and WHEREAS, the City will contract after the required public process with a contractor to complete the improvements, the anticipated costs of construction are known at the time of this resolution; and WHEREAS, the City Council finds that it is in the best interests of the City of Yakima and its residents to complete the Nob Hill Boulevard Overlay project, accept the TIB Award, and direct the City Manager to take all necessary steps to secure the funding for the project and to administer said funds and the expenditure of said funds to complete the project, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized to accept the Transportation Improvement Board award, attached hereto and incorporated herein by this reference, not to exceed One Million Three Hundred and Fifty-Five Dollars ($1,355,000) as described in the Fuel Tax Agreement, and directed to take all necessary steps to secure the funding for the Nob Hill Boulevard Overlay Project 2619. ADOPTED BY THE CITY COUNCIL this 7th day of February, 2023. Janice Deccio, Mayor ATTEST: Sonya Claar Tee, City Clerk 2 Washington State Transportation Improvement Board TIB Members Chair Mayor Glenn Johnson City of Pullman Vice Chair Councilmember Sam Low Snohomish County Amy Asher Mason Transit Authority Aaron Butters, PE HW Lochner Inc. Susan Carter Hopelink Kent Cash, PE Port of Vancouver Barbara Chamberlain WSDOT Elizabeth Chamberlain City of Walla Walla Dongho Chang, PE WSDOT Scott Chesney Spokane County Vicky Clarke Cascade Bicycle Club/Washington Bikes Mike Dahlem, PE City of Sumner Commissioner Al French Spokane County Councilmember Hilda Guzmán City of Granger Commissioner Scott Hutsell Lincoln County Les Reardanz Whatcom Transportation Authority Peter Rogalsky, PE City of Richland Mayor Kim Roscoe City of Fife Maria Thomas Office of Financial Management Jennifer Walker Thurston County Jane Wall County Road Administration Board Ashley Probart Executive Director P.O. Box 40901 Olympia, WA 98504-0901 Phone: 360-586-1140 Fax: 360-586-1165 www.tib.wa.gov Investing in your local community December 02, 2022 Mr. Bill Preston, P.E. City Engineer City of Yakima 129 North Second Street Yakima, WA 98901-2613 Dear Mr. Preston: Congratulations! We are pleased to announce the selection of your project, Nob Hill Boulevard Overlay, S 15th Ave to S 28th Ave, TIB project number 8-4-180(026)-1. TIB is awarding 80.0000% of approved eligible project costs with a maximum grant of $1,335,000. Before any work is permitted on this project, you must complete the following: • Verify the information on the attached Project Funding Status Form and, revise if necessary. Print, sign and email a scanned copy; • Submit the section of your adopted Six Year Transportation Improvement Plan listing this project; • Sign, scan and email one copy of the Fuel Tax Grant Distribution Agreement; and • Return the above items to TIB; You may only incur reimbursable expenses after you receive approval from TIB. In accordance with RCW 47.26.084, you must certify full funding by December 2, 2023 or the grant may be terminated. Grants may also be rescinded due to unreasonable project delay as described in WAC 479-05-211. If you have questions, please contact Jonathan Heusman, TIB Project Engineer, at JonathanH@TIB.wa.gov. Sincerely, Ashley Probart Executive Director Enclosures 3 Washington State Transportation Improvement Board 8-4-180(026)-1 Fuel Tax Grant Agreement Fuel Tax Agreement Page 1 of 5 November 2012 City of Yakima 8-4-180(026)-1 Nob Hill Boulevard Overlay S 15th Ave to S 28th Ave STATE OF WASHINGTON TRANSPORTATION IMPROVEMENT BOARD AND City of Yakima AGREEMENT THIS GRANT AGREEMENT (hereinafter “Agreement”) for the Nob Hill Boulevard Overlay, S 15th Ave to S 28th Ave (hereinafter “Project”) is entered into by the WASHINGTON STATE TRANSPORTATION IMPROVEMENT BOARD (hereinafter “TIB”) and City of Yakima, a political subdivision of the State of Washington (hereinafter “RECIPIENT”). 1.0 PURPOSE For the project specified above, TIB shall pay 80.0000 percent of approved eligible project costs up to the amount of $1,335,000, pursuant to terms contained in the RECIPIENT’S Grant Application, supporting documentation, chapter 47.26 RCW, title 479 WAC, and the terms and conditions listed below. 2.0 SCOPE AND BUDGET The Project Scope and Budget are initially described in RECIPIENT’s Grant Application and incorporated by reference into this Agreement. Scope and Budget will be further developed and refined, but not substantially altered during the Design, Bid Authorization and Construction Phases. Any material alterations to the original Project Scope or Budget as initially described in the Grant Application must be authorized by TIB in advance by written amendment. 3.0 PROJECT DOCUMENTATION TIB requires RECIPIENT to make reasonable progress and submit timely Project documentation as applicable throughout the Project. Upon RECIPIENT’s submission of each Project document to TIB, the terms contained in the document will be incorporated by reference into the Agreement. Required documents include, but are not limited to the following: a) Project Funding Status Form b) Bid Authorization Form with plans and engineers estimate c) Award Updated Cost Estimate d) Bid Tabulations e) Contract Completion Updated Cost Estimate with final summary of quantities f) Project Accounting History 4.0 BILLING AND PAYMENT The local agency shall submit progress billings as project costs are incurred to enable TIB to maintain accurate budgeting and fund management. Payment requests may be submitted as 4 Washington State Transportation Improvement Board 8-4-180(026)-1 Fuel Tax Grant Agreement Fuel Tax Agreement Page 2 of 5 November 2012 often as the RECIPIENT deems necessary, but shall be submitted at least quarterly if billable amounts are greater than $50,000. If progress billings are not submitted, large payments may be delayed or scheduled in a payment plan. 5.0 TERM OF AGREEMENT This Agreement shall be effective upon execution by TIB and shall continue through closeout of the grant or until terminated as provided herein, but shall not exceed 10 years unless amended by the Parties. 6.0 AMENDMENTS This Agreement may be amended by mutual agreement of the Parties. Such amendments shall not be binding unless they are in writing and signed by persons authorized to bind each of the Parties. 7.0 ASSIGNMENT The RECIPIENT shall not assign or transfer its rights, benefits, or obligations under this Agreement without the prior written consent of TIB. The RECIPIENT is deemed to consent to assignment of this Agreement by TIB to a successor entity. Such consent shall not constitute a waiver of the RECIPIENT’s other rights under this Agreement. 8.0 GOVERNANCE & VENUE This Agreement shall be construed and interpreted in accordance with the laws of the state of Washington and venue of any action brought hereunder shall be in the Superior Court for Thurston County. 9.0 DEFAULT AND TERMINATION 9.1 NON-COMPLIANCE a) In the event TIB determines, in its sole discretion, the RECIPIENT has failed to comply with the terms and conditions of this Agreement, TIB shall notify the RECIPIENT, in writing, of the non-compliance. b) In response to the notice, RECIPIENT shall provide a written response within 10 business days of receipt of TIB’s notice of non-compliance, which should include either a detailed plan to correct the non-compliance, a request to amend the Project, or a denial accompanied by supporting details. c) TIB will provide 30 days for RECIPIENT to make reasonable progress toward compliance pursuant to its plan to correct or implement its amendment to the Project. d) Should RECIPIENT dispute non-compliance, TIB will investigate the dispute and may withhold further payments or prohibit the RECIPIENT from incurring additional reimbursable costs during the investigation. 9.2 DEFAULT RECIPIENT may be considered in default if TIB determines, in its sole discretion, that: 5 Washington State Transportation Improvement Board 8-4-180(026)-1 Fuel Tax Grant Agreement Fuel Tax Agreement Page 3 of 5 November 2012 a) RECIPIENT is not making reasonable progress toward correction and compliance. b) TIB denies the RECIPIENT’s request to amend the Project. c) After investigation TIB confirms RECIPIENT’S non-compliance. TIB reserves the right to order RECIPIENT to immediately stop work on the Project and TIB may stop Project payments until the requested corrections have been made or the Agreement has been terminated. 9.3 TERMINATION a) In the event of default by the RECIPIENT as determined pursuant to Section 9.2, TIB shall serve RECIPIENT with a written notice of termination of this Agreement, which shall be served in person, by email or by certified letter. Upon service of notice of termination, the RECIPIENT shall immediately stop work and/or take such action as may be directed by TIB. b) In the event of default and/or termination by either PARTY, the RECIPIENT may be liable for damages as authorized by law including, but not limited to, repayment of grant funds. c) The rights and remedies of TIB provided in the AGREEMENT are not exclusive and are in addition to any other rights and remedies provided by law. 9.4 TERMINATION FOR NECESSITY TIB may, with ten (10) days written notice, terminate this Agreement, in whole or in part, because funds are no longer available for the purpose of meeting TIB’s obligations. If this Agreement is so terminated, TIB shall be liable only for payment required under this Agreement for performance rendered or costs incurred prior to the effective date of termination. 10.0 USE OF TIB GRANT FUNDS TIB grant funds come from Motor Vehicle Fuel Tax revenue. Any use of these funds for anything other than highway or roadway system improvements is prohibited and shall subject the RECIPIENT to the terms, conditions and remedies set forth in Section 9. If Right of Way is purchased using TIB funds, and some or all of the Right of Way is subsequently sold, proceeds from the sale must be deposited into the RECIPIENT’s motor vehicle fund and used for a motor vehicle purpose. 11.0 INCREASE OR DECREASE IN TIB GRANT FUNDS At Bid Award and Contract Completion, RECIPIENT may request an increase in the maximum payable TIB funds for the specific project. Requests must be made in writing and will be considered by TIB and awarded at the sole discretion of TIB. All increase requests must be made pursuant to WAC 479-05-202 and/or WAC 479-01-060. If an increase is denied, the recipient shall be liable for all costs incurred in excess of the maximum amount payable by TIB. In the event that final costs related to the specific project are less than the initial grant award, TIB funds will be decreased and/or refunded to TIB in a manner that maintains the intended ratio between TIB funds and total project costs, as described in Section 1.0 of this Agreement. 6 Washington State Transportation Improvement Board 8-4-180(026)-1 Fuel Tax Grant Agreement Fuel Tax Agreement Page 4 of 5 November 2012 12.0 INDEPENDENT CAPACITY The RECIPIENT shall be deemed an independent contractor for all purposes and the employees of the RECIPIENT or any of its contractors, subcontractors, and employees thereof shall not in any manner be deemed employees of TIB. 13.0 INDEMNIFICATION AND HOLD HARMLESS The PARTIES agree to the following: Each of the PARTIES, shall protect, defend, indemnify, and save harmless the other PARTY, its officers, officials, employees, and agents, while acting within the scope of their employment as such, from any and all costs, claims, judgment, and/or awards of damages, arising out of, or in any way resulting from, that PARTY’s own negligent acts or omissions which may arise in connection with its performance under this Agreement. No PARTY will be required to indemnify, defend, or save harmless the other PARTY if the claim, suit, or action for injuries, death, or damages is caused by the sole negligence of the other PARTY. Where such claims, suits, or actions result from the concurrent negligence of the PARTIES, the indemnity provisions provided herein shall be valid and enforceable only to the extent of a PARTY’s own negligence. Each of the PARTIES agrees that its obligations under this subparagraph extend to any claim, demand and/or cause of action brought by, or on behalf of, any of its employees or agents. For this purpose, each of the PARTIES, by mutual negotiation, hereby waives, with respect to the other PARTY only, any immunity that would otherwise be available to it against such claims under the Industrial Insurance provision of Title 51 RCW. In any action to enforce the provisions of the Section, the prevailing PARTY shall be entitled to recover its reasonable attorney’s fees and costs incurred from the other PARTY. The obligations of this Section shall survive termination of this Agreement. 14.0 DISPUTE RESOLUTION a) The PARTIES shall make good faith efforts to quickly and collaboratively resolve any dispute arising under or in connection with this AGREEMENT. The dispute resolution process outlined in this Section applies to disputes arising under or in connection with the terms of this AGREEMENT. b) Informal Resolution. The PARTIES shall use their best efforts to resolve disputes promptly and at the lowest organizational level. c) In the event that the PARTIES are unable to resolve the dispute, the PARTIES shall submit the matter to non-binding mediation facilitated by a mutually agreed upon mediator. The PARTIES shall share equally in the cost of the mediator. d) Each PARTY agrees to compromise to the fullest extent possible in resolving the dispute in order to avoid delays or additional incurred cost to the Project. e) The PARTIES agree that they shall have no right to seek relief in a court of law until and unless the Dispute Resolution process has been exhausted. 7 Washington State Transportation Improvement Board 8-4-180(026)-1 Fuel Tax Grant Agreement Fuel Tax Agreement Page 5 of 5 November 2012 15.0 ENTIRE AGREEMENT This Agreement, together with the RECIPIENT’S Grant Application, the provisions of chapter 47.26 Revised Code of Washington, the provisions of title 479 Washington Administrative Code, and TIB Policies, constitutes the entire agreement between the PARTIES and supersedes all previous written or oral agreements between the PARTIES. 16.0 RECORDS MAINTENANCE The RECIPIENT shall maintain books, records, documents, data and other evidence relating to this Agreement and performance of the services described herein, including but not limited to accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Agreement. RECIPIENT shall retain such records for a period of six years following the date of final payment. At no additional cost, these records, including materials generated under the Agreement shall be subject at all reasonable times to inspection, review or audit by TIB personnel duly authorized by TIB, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement. If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. Approved as to Form Attorney General By: Signature on file Guy Bowman Assistant Attorney General Lead Agency Transportation Improvement Board Chief Executive Officer Date Executive Director Date Print Name Print Name 8