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HomeMy WebLinkAbout01/02/2024 08.J. Resolution authorizing acceptance of a Transportation Improvement Board (TIB) grant award agreement for Nob Hill Blvd Grind & Overlay Project 2793 1 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 8.J. For Meeting of: January 2, 2024 ITEM TITLE: Resolution authorizing acceptance of a Transportation Improvement Board (TI B) grant award agreement for Nob Hill Blvd Grind & Overlay Project 2793 SUBMITTED BY: Scott Schafer, Director of Public Works * Bill Preston, City Engineer- (509) 576-6754 SUMMARY EXPLANATION: The City of Yakima (City) has plans to improve the section of Nob Hill Boulevard S.4th Ave. to S. 15th Ave. This section of Nob Hill was not completed in 2023 due to a lack of funding. The work includes a full width grind and overlay and ADA curb ramp improvements. The Washington State Transportation Improvement Board (TI B) has awarded a Fuel Tax Grant award of 77.6217% of approved eligible costs with a maximum grant of $1,219,320. REET funding will provide the required match. ITEM BUDGETED: No STRATEGIC PRIORITY: Public Safety APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOMMENDATION: Adopt Resolution. ATTACHMENTS: Description Upload Date Type D Resolution 12/28/2023 Resolution D 11B Agreement 12/6/2023 Backup Material 2 RESOLUTION NO. R-2024- A RESOLUTION authorizing acceptance and execution of the Washington State Transportation Improvement Board (TIB) Fuel Tax Grant Agreement for the Nob Hill Boulevard Grind & Overlay Project 2793. WHEREAS, the Nob Hill Boulevard Grind & Overlay project includes milling and overlaying of roadway from S 4th Avenue to S 15th Avenue including ADA curb ramp improvements; and WHEREAS, the City of Yakima (City) was selected to receive up to 77.6217% reimbursement of eligible costs with a maximum grant of$1,219,320 in state funding through the Fuel Tax Grant Agreement number 8-4-180(028)-1; and WHEREAS, the City shall provide the remaining match and any additional funding from REET necessary to complete the project; and WHEREAS, the City Council finds that it is in the best interests of the City of Yakima and its residents to accept and execute the grant agreement with TIB for the Nob Hill Boulevard Grind & Overlay Project 2793, and authorize the City Manager to take all necessary steps to execute the grant agreement, necessary contracts, and administer the funds received from TIB; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: Section 1. The City Manager is hereby authorized to accept the Washington State Department Transportation Improvement Board grant, attached hereto and incorporated herein by this reference, not to exceed One Million Two Hundred Nineteen Thousand Three Hundred Twenty Dollars ($1,219,320.00) as described in the Grant Program Agreement, and directed to take all necessary steps to secure the funding for the Nob Hill Boulevard Grind & Overlay Project 2793. Section 2. The appropriate administrative officials of the City are hereby authorized to receive monies and to expend the same as authorized by the TIB award. Section 3. The City Manager, or his designee, shall have responsibility for the administration of said funds and expenditure of said funds received pursuant to the award, which is attached hereto as Exhibit"1" and incorporated herein, and the budget submitted therewith for the TIB grant. Section 4. The City Council hereby authorizes the City Manager to execute any and all contracts necessary and not to exceed the budgeted amounts outlined in Exhibit "1", and enter into any other necessary agreements or documents to accomplish the Nob Hill Boulevard Grind & Overlay Project 2793 funded through the award. Section 5. Severability. If any section, subsection, paragraph, sentence or clause of this resolution is declared invalid or unconstitutional for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of the resolution. 1 3 ADOPTED BY THE CITY COUNCIL this 2nd day of January, 2024. 9999999, Mayor ATTEST: Rosalinda Ibarra, City Clerk 2 EXHIBIT 1 4 41sq%ngtnn 841v. 9 Washington State 1, WI. Transportation Improvement Board ?4rtion ImPo0�stc p p TIB Members December 1, 2023 Chair Mayor Glenn Johnson City of Pullman Vice Chair Mr. Bill Preston, P.E. Councilmember Sam Low Snohomish County City Engineer Amy Asher City of Yakima Mason Transit Authority 129 North Second Street Aaron Butters,PE Yakima, WA 98901-2613 HW Lochner Inc. Susan Carter Hopelink Dear Mr. Preston: Kent Cash,PE Port of Vancouver Congratulations! We are pleased to announce the selection of your project, Nob Hill Barbara Chamberlain Boulevard Improvements, S 4th Ave to S 15th Ave, TIB project number 8-4-180(028)-1. WSDOT TIB is awarding 77.6217% of approved eligible project costs with a maximum grant of Elizabeth Chamberlain City of Walla Walla $1,219,320. Please note that HMA Synthetic Fiber Additive is not an eligible cost. DonghoChang,PE Before any work is permitted on this project, you must complete and email the following WSDOT items to your TIB engineer: Scott Chesney Spokane County . Verify the information on the attached Project Funding Status Form and, revise Vicky Clarke if necessary. Sign and email a copy. Cascade Bicycle Club/Washington Bikes • Submit the section of your adopted Six Year Transportation Improvement Plan Mike Dahlem,PE listing this project; City of Sumner Commissioner Al French • Sign and email one copy of the Fuel Tax Grant Distribution Agreement. Spokane County Councilmember Hilda Gonzalez City of Granger You may only incur reimbursable expenses after you receive approval from TIB. Commissioner Scott Hutsell Lincoln County In accordance with RCW 47.26.084, you must certify full funding by December 2, 2024 Les Reardanz or the grant may be terminated. Grants may also be rescinded due to unreasonable Whatcom Transportation Authority project delay as described in WAC 479-05-211. PeterRoga , you have questions, please contact Jonathan Heusman, Project City of RichlandlskyPE IfTIB Engineer, at JonathanH©TIB.wa.gov. Mayor Kim Roscoe City of Fife Sincerely, Maria Thomas Office of Financial ManagementUg A' Jennifer Walker •�f1 Thurston County Jane Wall Ashley Probart County Road Administration Board Executive Director Ashley Probart Executive Director Enclosures 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 „ `°° 5 Washington State Transportation Improvement Board 8-4-180(028)-1 Fuel Tax Grant Agreement City of Yakima 8-4-180(028)-1 Nob Hill Boulevard Improvements S 4th Ave to S 15th Ave STATE OF WASHINGTON TRANSPORTATION IMPROVEMENT BOARD AND City of Yakima AGREEMENT THIS GRANT AGREEMENT (hereinafter"Agreement”) for the Nob Hill Boulevard Improvements, S 4th Ave to S 15th 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 77.6217 percent of approved eligible project costs up to the amount of$1,219,320, 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 Fuel Tax Agreement Page 1 of 5 November 2012 Washington State Transportation Improvement Board 8-4-180(028)-1 Fuel Tax Grant Agreement 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: Fuel Tax Agreement Page 2 of 5 November 2012 • °••� 7 Washington State Transportation Improvement Board 8-4-180(028)-1 Fuel Tax Grant Agreement 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. Fuel Tax Agreement Page 3 of 5 November 2012 • °••� 8 Washington State Transportation Improvement Board 8-4-180(028)-1 Fuel Tax Grant Agreement 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. Fuel Tax Agreement Page 4 of 5 November 2012 Washington State Transportation Improvement Board 8-4-180(028)-1 Fuel Tax Grant Agreement 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 Fuel Tax Agreement Page 5 of 5 November 2012 Transportation Improvement Board 10 Project Funding Status Form Agency Name YAKIMA TIB Project Number: 8-4-180(028)-1 Project Name: Nob Hill Boulevard Improvements S 4th Ave to S 15th Ave Verify the information below and revise if necessary. Email to: Your TIB Engineer PROJECT SCHEDULE Target Dates Construction Approval Contract Bid Award Contract Completion PROJECT FUNDING PARTNERS List additional funding partners and amount. Funding Partners Amount Revised Funding YAKIMA 351,530 WSDOT 0 Federal Funds 0 TOTAL LOCAL FUNDS 351,530 Signatures are required from two different agency officials. Return the originally signed form to your TIB Engineer. Mayor or Public Works Director Signature Date Printed or Typed Name Title Financial Officer Signature Date Printed or Typed Name Title TIB Funding Status Report