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01/15/2019 06K TIB Grant; North 1st Street Revitilzation - 'N' Street to SR 12 Project (Phase 1) to\'4\lyy tbxk ik 1 PP1-:4P PPP g. A P p P 1 PPi ittYlltYlt.\ta. BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 6.K. For Meeting of: January 15, 2019 ITEM TITLE: Resolution authorizing acceptance and execution of a TIB grant for construction of the North 1st Street Revitalization— `N' Street to SR 12 Project (Phase 1) SUBMITTED BY: Scott Schafer, Director of Public Works Brett Sheffield, PE, Chief Engineer 509-576-6797 SUMMARY EXPLANATION: The City of Yakima was awarded a State of Washington Transportation Improvement Board (TIB) grant of$1,000,000. This funding, also referred to as a Fuel Tax Grant, will be applied to the construction of the North 1st Street Revitalization— `N' Street to SR 12 Project(Phase 1). This Project also has funding from a federal Surface Transportation Program (STP)grant in the amount of$2,968,000 and $468,700 in funds from the City's Water and Stormwater Divisions. The estimated total cost of Phase 1 is $3,584,400. The revitalization of North 1st Street has been determined by the City Council to be an economic development priority for the City. The improvements to North 1st Street will improve public safety and encourage future development. The improvements include: • Reconstruction of the existing roadway including curb, gutter and sidewalk • Replacement of the water main and stormwater conveyance system • Installation of sanitary sewer • Upgrade of the street illumination system • Installation of pedestrian lighting • Construction of landscaped median islands • Installation of street furnishings. The Fuel Tax Grant Agreement between the State of Washington Transportation Improvement Board and the City is attached for City Council review. ITEM BUDGETED: NA STRATEGIC PRIORITY: Economic Development 2 APPROVED FOR City Manager SUBMITTAL: STAFF RECOMMENDATION: Adopt Resolution. BOARD/COMMITTEE RECOMMENDATION: ATTACHMENTS: Description Upload Date Type D Reultrtion 1211R/201B aner Memo 11B Fuel -Fro(Grrirrt Agreement 1211R/201B Geer Memo 3 RESOLUTION NO. R-2019- A RESOLUTION authorizing the City Manager to accept and execute the necessary agreement for a $1,000,000 grant from the Transportation Improvement Board (TIB) for the construction of the North 1st Street Revitalization — 'N' Street to SR 12 project. WHEREAS, the Yakima City Council has determined that revitalizing North 1st Street is an Economic Development priority for the City of Yakima; and WHEREAS, the City previously obtained a $2,968,000 federal Surface Transportation Program (STP) grant to revitalize North 1st Street that requires a match from the City in the amount of $463,214; and WHEREAS, between the STP grant and Water and Surface Water Enterprise funds, the City has the necessary funds required to meet the match requirement of this grant; and WHEREAS, the proposed improvements to North 1st Street will improve public safety and entice future development in the area; and WHEREAS, The City Council has determined that it is in the best interests of the City to seek TIB funds to assist with the improvements on North 1st Street; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is authorized and directed to accept and execute the TIB grant agreement for $1,000,000 for the construction of North 1st Street from 'N' Street to SR 12. ADOPTED BY THE CITY COUNCIL this 15th day of January, 2019. Kathy Coffey, Mayor ATTEST: Sonya Clear Tee, City Clerk ° 4 Washington State Transportation Improvement Board 8'4-180(024)'f Fuel Tax Grant Agreement CitV Of Yakima N1SfStreet STATE OF WASHINGT[]N TRANSPORTATION IMPROVEMENT BOARD AND City of Yakima AGREEMENT THIS GRANT AGREEMENT (hereinafter "Agreement") for the hJ 1st Streat, SR 12 to E "N" St (hereinafter "Project") is entered into by the VVA8H|NGTC}N STATE TR/\yJGF`C)F|T/\T|C)N IMPROVEMENT B{)AF|O (hereinafter ^T|B^) and City of Ymkirnm, o political subdivision of the State of Washington (hereinafter"RECIPIENT"). 1.OpURPOSE T|B hereby grants funds in the amount of$1.000.000 for the project specified abovo, pursuant to terms contained in the RECIPIENT'S Grant Application, supporting documentation, chapter 47.20 FlCVV, title 479VVAC. and the terms and conditions listed below. 2.0 SCOPE AND BUDGET The Project Scope and Budget are initially described in REC|P|ENT'e Grant Application and incorporated by reference into this Agreement. Scope and Budget will ba further developed and refined, but not substantially altered during the [leoign. 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 byT|B in advance by written amendment. 3PROJECT,DOCUMENTATION T|B requires RECIPIENT to make reasonable progress and submit timely Project documentation as applicable throughout the Project. Upon REC|P|ENT'a submission of each Project document to T|B, the terms contained in the document will be incorporated by reference into the Agreement. Required documents ino|ude, but are not limited to the following: o\ Project Funding Status Form b\ Bid Authorization Form with plans and engineers eodrnmte c) Award Updated Coot Estimate d\ Bid Tabulations e\ Contract Completion Updated Cost Estimate with final summary of quantities f\ Project Accounting History 4]] BILLING AND PAYMENT The local agency shall submit progress billings ae project co*teaneincurradtoanab|eT|Bto maintain accurate budgeting and fund management. Payment requests may be submitted aa often as the RECIPIENT deems neceen@ry, but shall be submitted at least quarterly if billable Fuel Tax Agreement Page lv/5 mvmmbe,zou n Washington State Transportation Improvement Board 8'4-1 y Fuel Tax Grant Agreement amounts are greater than $50.000. If progress billings are not submitted, large payments may be delayed or scheduled ina payment plan. �/] TERM C}FAGREEMENT This Agreement shall be effective upon execution by TIB and shall continue through closeout of the grant or until terminated as provided henain, but shall not exceed 10yearo unless amended by the Parties. 6.0AMEy4DK8ENTS This Agreement may be amended by mutual agreement nf 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 ofT|B. The RECIPIENT im deemed toconsent to assignment Vf this Agreement byT|Btoa successor entity. Such consent shall not constitute a waiver of the REC|P|ENT'e other rights under this Agreement. .8.[) GOVERNANCE & VENUE This Agreement shall be construed and interpreted in accordance with the |avve of the state of Washington and venue of any action brought hereunder shall be in the Superior Court for Thurston County. 8�O DEFAULT AN[) TEF�K�|NAT|C)N ' . 9.1-NON=COMPL|ANCE a) In the eventT|B determineo, in its sole discretion, the RECIPIENT has failed to comply with the terms and conditions of this Agreennent. T|B eho|| notify the FlEC|P|ENT, in xvriting, of the non-compliance. b\ In response to the notice. RECIPIENT shall provide o written response within 10 business days of receipt ofT|B's notice of non-omnnp|ianoa, which should include either detailed plan to correct the nmn-connp|iance, a request to amend the Project, or a denial accompanied by supporting details. c) T|B will provide 30 days for RECIPIENT to nnehe reasonable progress toward oVnnp|imnca pursuant to its plan to correct or implement its amendment to the Project. d) Should RECIPIENT dispute non-uonnp|ianoe. T|B will investigate the dispute and may withhold further payments or prohibit the RECIPIENT from incurring additional reimbursable costs during the investigation. 9.2_OEFAULT. RECIPIENT may beconsidered in default ifT|Bdetermines, in its sole discretion, that: Fuel Tax Agreement Page zvc5 wvvomou,zn|z o Washington State Transportation Improvement Board 8-4-180(024)-Y Fuel Tax Grant Agreement o) RECIPIENT io not making reasonable progress toward correction and compliance. b\ T|B denies the F{EC||P|ENT'o request to amend the Project. c\ After investigation T|B confirms RECIPIENT'S non-oonnp|iance. T|B reserves the right to order RECIPIENT to immediately stop work on the Project and T|B may stop Project poymentsunU| therequaotedcorrectionshovebeenmmdeortha Agreement has been terminated. 9.3TERMINAT|ON m) |n the event of default by the RECIPIENT ao determined pursuant to Section 9.2. T|B ohm|| serve RECIPIENT with a written notice of termination of this /\onamnnent, which shall be served in peronn, 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 byT|B. b) In the event of default and/or termination by either PARTY, the RECIPIENT may be liable for damages as authorized by |mvv inc|uding, 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 bylaw. .9.4 TERMINATIONF(]R NECESS|T\, T|B may, with ten (10) days written nodca, 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, T|B shall be liable only for payment required under this Agreement for performance rendered or costs incurred prior to the effective date of termination. 1O.U-USE OFTiB GRANT FUNDS T|B 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. |f Right of Way ie purchased using T|B funds, and some or all of the Right of Way is subsequently ao|d, 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 T|B GRANT FUNDS At Bid Award and Contract Completion, RECIPIENT may request an increase in the T|Bfunds for the specific project. Requests must be made in writing and will be considered byT|B and awarded at the sole discretion ofT|B. All increase requests must be made pursuant tqVVAC 47Q-O5-2O2 and/or VVAC478-01-OOO. |fan increase ia denied, the recipient shall be liable for costs incurred in excess of the grant amount. 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 original ratio between T|B funds and total project oVote. Fuel Tax Agreement Page yv/5 w"vvmue,zulz 7 Washington State Transportation Improvement Board 8'4'1 f Fuel Tax Grant An[8e08Dt - � _- NDENT � �ACITY �°=== The RECIPIENT shall be deemed an independent contractor for all purposes and the employees of the RECIPIENT or any of its oontraotora, suboontraotoro, and employees thereof shall not in any manner be deemed employees mfT|B. 13.0 INDEMNIFICATION AND HOLD The PARTIES agree to the following: Each of the PART|ES, shall protect, defend, indemnifv, and save harmless the other PARTY, its officers, officim/e, gmp|oyeas, and agenta, while acting within the scope of their employment as such, from any and all onote, c|einno, judgment, and/or awards of damages, arising out of, or in any way resulting fnonn. that P/\RTY'e own negligent acts or omissions which may arise in connection with its performance under this Agreement. No PARTY will be required to indennnify, dafend, or save horrn|aoo the other PARTY if the c|ainn, euit, or action for injuries, daath, or damages is caused by the sole negligence of the other PARTY. Where such c|ainne, ouito, or moUona result from the concurrent negligence of the PAF|T|ES, the indemnity provisions provided herein shall be valid and enforceable only to the extent of a PAFlTY'o own negligence. Each of the PARTIES agrees that its obligations under this subparagraph extend to any u|ainn, demand and/or cause of action brought by, or on behalf of, any of its employees or agents. For this purpoae, each of the PART|ES, by mutual negoUmdmn, hereby vvmiveo, with respect to the other PARTY only, any immunity that would otherwise be available to it against such dairna under the Industrial Insurance provision of Title 51 RCVV. In any action to enforce the provisions of the Gaction, the prevailing PARTY shall be entitled to recover its reasonable attorney'a fees and costs incurred from the other PARTY. The obligations of this Section shall survive termination of this Agreement. 14.0 DISPUTE 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 pnooaae 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 beat efforts to resolve disputes promptly and at the lowest organizational level. o\ In the avant that the PARTIES are unable to resolve the dispute, the PARTIES mho|| submit the matter to non-binding mediation facilitated by a mutually agreed upon mediator. The PARTIES oho|| share equally in the coot 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. a\ The PARTIES agree that they shall have no right to oaeh relief in e court of |avv until and un|aGo the Dispute Resolution process has been exhausted. Fuel Tax Agreement Page*vr5 mvvomxnrzu/z - a Washington State Transportation Improvement Board 8-4-180(024)-/ 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 T|B Pm|icieo, constitutes the entire agreement between the PARTIES and supersedes all previous written or oral agreements between the PARTIES. 18�O RECORDS MAINTENANCE _ The RECIPIENT nhmi| maintain bookn, neoords, doounlenta, data and other evidence relating to this Agreement and performance of the oen/ioao 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 Ghm|| retain such records for a period of six years following the date of final payment. At no additional omat, these recordo, including materials generated under the Agreement shall be subject at all reasonable times to inopectiVn, review oraudit byT|B personnel duly authorized byT|B. the Office of the State Auditor, and federal and state officials so authorized by |axv, regulation or agreement. If any |idgadon, claim or audit is started before the expiration of the six (0) year periVd, the records shall be retained until all |ibgadon, c|ainne, or audit findings involving the records have been resolved. Approved oatoForm Attorney General By: Signature mnfile ~ Guy Bowman Assistant Attorney General Lead Agency Transportation Improvement Board Chief Executive Officer nate=���" Executive Director Date Print Name Print Name Fuel Tax Agreement Page 5vr5 movo,^mo,m/z