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HomeMy WebLinkAbout03/21/2017 06H Washington State Transportation Improvement Board Complete Streets Award Grant Agreement with the TIBBUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDASTATEMENT Item No. 6.H. For Meeting of: March 21, 2017 ITEM TITLE: Resolution authorizing the City Manager to sign the Washington State Transportation Improvement Board Complete Streets Award Grant Agreement accepting a grant from the Transportation Improvement Board (TIB) to make sidewalk improvements at five locations within the City SUBMITTED BY: Scott Schafer, Public Works Director Brett Sheffield, P.E., Chief Engineer 576-6797 SUMMARY EXPLANATION: In December 2016, the City applied for, and in January2017, the City was notified that it had received a TIB Complete Streets grant to install sidewalks at five locations within the City. The locations are: • One side of Swan Avenue from McGuiness Park to Campbell Lane • Race Street from 8th Street to Naches Avenue • The south side of Prasch Avenue from 20th Avenue to 16th Avenue • The south side of Viola Avenue from 10th Avenue to 4th Avenue • The west side of Powerhouse Road from Robertson Elementary to Englewood Avenue. The TIB grant is for $500,000. In order for the City to receive the grant, the City Manager must sign the attached complete streets award grant agreement. ITEM BUDGETED: STRATEGIC PRIORITY: Public Safety APPROVED FORcl*� SUBMITTAL: "°City Manager STAFF RECOMMENDATION: Adopt Resolution BOARD/COMMITTEE RECOMMENDATION: ATTACHMENTS: Description Upload Date Type resolution 3/16/2017 Cc Memo Complete Streets 3/10/2017 Cc Memo RESOLUTION NO. R -2017- A RESOLUTION authorizing the City Manager to sign the Washington State Transportation Improvement Board Complete Streets Award Grant Agreement accepting a grant from the Transportation Improvement Board (TIB) to make sidewalk improvements at five locations within the City. WHEREAS, the City received notification in 2016 that it was eligible to receive a $500,000 TIB Complete Streets grant; and WHEREAS, the City submitted five locations for installing sidewalk as part of this grant; and WHEREAS, the City of Yakima was successful in securing a TIB grant for installing sidewalk at the suggested five locations; and WHEREAS, the Complete Streets grant is a 100% grant and does not required any matching local funds; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is authorized to sign the Washington State Transportation Improvement Board Complete Streets Award Grant Agreement accepting a grant from the Transportation Improvement Board (TIB) to make sidewalk improvements at five locations within the City. ADOPTED BY THE CITY COUNCIL this 21St day of March, 2017. Kathy Coffey, Mayor ATTEST: City Clerk Washington State Transportation Improvement Board Complete Streets Award Grant Agreement City of Yakima C -E-180(001)-1 ��tp R im I - , STATE OF WASHINGTON TRANSPORTATION IMPROVEMENT BOARD AND CITY OF YaKIMA NMMWN� THIS GRANT AGREEMENT ("Agreement") is made and entered into between the WASHINGTON STATE TRANSPORTATION IMPROVEMENT BOARD ('7113") and CITY 0 YAKIMA ("RECIPIENT"). I [WIV-4 &MUM ---- — -------- kykr-�N]�VM IAJ & Project pursuant to the terms of this grant ROW, THEREFORE, pursuant to chapter 47.26 RCW, RCW 47.04.320, and WAC 479-10-5 et seq, the above recitals that are incorporated herein as if fully set forth below, and in consideration of the terms, conditions, and performances contained herein, and the attached Exhibits, if any, which are made a part hereof, 11 TIB agrees to grant funds in the amount of FIVE HUNDRED THOUSAND AND 00/100 ($500,000) for the Project pursuant to the terms contained herein, and the RECIPIENT agrees to accept such grant funds and agrees to perform and be subject to the terms and conditions of this Agreement. i M R N Uzirzl 0 0 give• n 0 .0 otherwise provide for the Project work plan to be completed by the RECIPIENT's own forces. The RECIPIENT further agrees that it shall be solely responsible for and shall pay its independent contractor and/or material providers. If RECIPIENT uses its own forces, it shall be solely responsible for paying the costs thereof. Under no circumstances shall the TIB be responsible to any third party for the payment of labor or materials used in completing the Project work plan. The Project work plan may be amended by the Parties, pursuant to Section 7. Complete Streets Grant Agreement Page 1 of 5 December 2016 COWashington State Transportation Improvement Board C -E-180(001)-1 J Complete Streets Award Grant Agreement PROJECT3. •_ D DOCUMENTATION SectionThe RECIPIENT agrees to and shall make reasonable progress and submit timely Project documentation, as applicable, throughout the term of this Agreement and Project. a) Project work plan describing eligible items with estimated costs; b) Documentation to support all costs expended on the Project work plan; and c) Project work plan Closeout Form. TI B will pay the full grant award to the RECI P1 ENT after TI B approves the Project work plan and the Parties fully execute this Agreement; provided that there are legislatively appropriated funds available. The RECIPIENT agrees that it shall hold the grant funds in a separate and identifiable account and only use said funds to pay the actual direct and related indirect costs of the approved Project work plan. Grant funds not expended on approved Project work plan items within three years of the date of TIB's Grant approval shall be returned to TIB within ninety (90) days after receipt of TIB's written notification. RECIPIENT agrees that the grant funds shall only be used to complete the approved Project work plan. Otherwise, RECIPIENT is subject to the Default and Termination provisions of related6.1 The RECIPIENT shall maintain books, records, documents, data and other evidence relating to this Agreement and performance of the Project work plan, including but not limited to accounting procedures and practices which sufficiently and properly reflect all actual direct and indirectR ofanynature expended - performance o'.this Agreement. RECIPIENT shall retain such records for . period isix years after the completion• fthe Projecl work plan and TIB's acceptance of the Project work plan Closeout Form. At no cost to TIB, these records shall be provided when requested; including materials generated under the Agreement, and shall be subject at all reasonable times to inspection, review or audit by TIB personnel, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement. 6.2 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. RECIPIENT may request revisions to the Project work plan, including the addition or removal of items. Requests must be made in writing, and TIB, in its sole discretion, will determine whether Lo accept the proposed revisions. Should the TIB approve a Project work plan revision, the Parties shall amend this Agreement pursuant to Section 14. The RECIPIENT shall be solely responsible for all costs-• in excess - • _ Agreement grant award. Complete Streets Grant Agreement Page 2 of 5 December 2016 Washington State Transportation Improvement Board C -E-180(001)-1 Complete Streets Award Grant Agreement This Agreement shall be effective upon execution by the Parties and shall continue through closeout of the grant amount, or amendment thereof, or unless terminated as provided herein, In no event shall the Agreement term exceed three years, unless extended by Agreement amendment pursuant to Section 14. 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 and applicable rules under WAC 479-10-500 et seq, TIB shall notify the RECIPIENT, in writing, of RECIPIENT's non-compliance. b) RECIPIENT shall provide a written response within ten (10) business days of receipt of TIB's notice of non-compliance, which shall include either a detailed plan to correct the non-compliance, a request to amend the Project work plan, or a denial accompanied by supporting documentation. An agreement to amend the Project work plan must be pursuant to Section'14. c) RECIPIENT shall have thirty (30) days in which to make reasonable progress toward compliance pursuant to its Project work plan to correct or implement an amendment to the Project work plan. i) Should RECIPIENT dispute non-compliance, TIB will investigate the dispute and, in its sole discretion, TIB may require the RECIPIENT to stop incurring additional Project work plan costs during the investigation. Should TIB require the RECIPIENT to stop incurring additional costs to •-..• with the grant funds, the RECIPIENT shall be solely obligated for paying any additional costs incurred by such suspension of work, contractor claims, or litigation costs; such costs cannot be paid for with grant funds. 9.2 DEFAULT RECIPIENT is in default if TIB determines, in its sole discretion, thall a) RECIPIENT is not making reasonable progress toward correction and complianci�.- with this Agreement and the Project work plan; b) TIB denies the RECIPIENT's request to amend the Project work plan; and c) After investigation, TIB confirms RECIPIENT'S non-compliance. 9.3 TERMINATION a) In the event of default as determined pursuant to Section 9, TO shall serve RECIPIENT with a written notice of termination of this Agreement, which may be served in person, by email or by certified letter. Upon service of notice of termination, the RECIPIENT shall immediately stop incurring costs chargeable against the grant funds and/or take such actions necessary as may be directed by TI B to protect TI B's grant funds. b) In the event of termination, the RECIPIENT may be liable for damages as authorized by law including, but not limited to, repayment of all grant funds. c) The rights and remedies of TO provided in this Agreement are not exclusive and are in addition to any other rights and remedies provided by law. Complete Streets Grant Agreement Page 3 of 5 December 2016 Washington State Transportation Improvement Board C -E-180(001)-1 Complete Streets Award Grant Agreement 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 prompt 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. T Parties shall share equally in the costs of the mediator. d) Each Party agrees to participate to the fullest extent possible and in good faith in resolving the dispute in order to avoid delays or additional incurred cost to the Project work plan. e) The Parties agree that they shall have no right to seek relief in a court of law in accordance with Section 11, until and unless the Dispute Resolution process has bee exhausted. i W �gt L *I-e-U#Fr R5 L1 IV647cft ft-ff KeT �M ashi on and venue of any action brought hereunder shall be in the Superior Court for Thurston County. The Parties agree that each Party shall be responsible for its own attorneys' fees and costs. 12.1 RECIPIENT, shall protect, defend, indemnify, and save harmless the TIB, its officers, officials, employees, and authorized agents, while acting within the scope of their employment as such, from any and all costs, claims, judgments, and/or awards of damages (both to persons and/or property), arising out of, or in any way resulting from, RECIPIENT'S negligent acts or omissions which may arise in connection with its performance under this Agreement. RECIPIENT shall not be required to indemnify, defend, or save harmless the TO if the claim, suit, or action for injuries, death, or damages (both to persons and/or property) is caused by the sole negligence of TIB; provided that, where such claims, suits, or actions result from the concurrent negligence of the Parties, or involves those actions covered by RCW 4.24.115, the indemnity provisions provided herein shall be valid and enforceable only to the extent of RECIPIENT's own negligence 12.2 RECIPIENT agrees that its obligations under this section extends to any claim, demand 2nd/or cause of action brought by, or on behalf of, any of its officers, officials, employees or ?uthorized agents. For this purpose, RECIPIENT, by mutual negotiation, hereby waives, with respect to TIB only, any immunity that would otherwise be available to it against such claims under the Industrial Insurance provisions of Title 51 RCW. 12.3 The obligations of this indemnification and waiver Section shall survive termination dfil this Agreement. I 13. 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 Complete Streets Grant Agreement Page 4 of 5 December 2016 CoWashington State Transportation Improvement Board C -E-180(001)-1 .)) Complete Streets Award Grant Agreement assignment of this Agreement by TIB to a successor entity. Such consent shall not constitute a waiver of the RECIPIENT's other rights or obligations under this Agreement. 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. The RECIPIENT IIs- deemed an independent contractor for all purposes and the employees of the RECIPIENT or any of its contractors, subcontractors, and employees there shall not in any manner be deemed employees of TIB. I This Agreement, together with the Exhibits, if any, the provisions of chapter 47.26 RCW, chapter 479 WAC, and TIB Policies, constitute the entire Agreement between the Parties and supersedes all previous written or oral agreements between the Parties. RECIPIENT agrees to abide by all applicable federal, state and local laws, ordinances, and rules when performing under the terms of this Agreement. City of Yakima Transportation Improvement Board Chief Executive Officer Date Date Print Name Print Name Approved as to Form By: ANN E. SALAY Senior Assistant Attorney General NOTE: Any changes to the terms of this Agreement shall require further approval of the Office of the Attorney General Complete Streets Grant Agreement Page 5 of 5 December 2016