HomeMy WebLinkAbout02/15/2022 09. Resolution authorizing acceptance of a Transportation Improvement Board (TIB) Award for $1,500,000 for N. 1st Street Revitalization Phase 3 14-41111k1A
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 9.
For Meeting of: February 15, 2022
ITEM TITLE: Resolution authorizing acceptance of a Transportation
Improvement Board (TI B)Award for$1 ,500,000 for N. 1st Street
Revitalization Phase 3
SUBMITTED BY: Scott Schafer, Director of Public Works
Bill Preston, City Engineer- (509) 576-6754
SUMMARY EXPLANATION:
In the 2021-2023 Transportation Budget, funding from the National Highway Freight Program
(NHFP)was provided to the National Highway System (NHS)Asset Management preservation
call for projects. The N. 1st Street Revitalization - Phase 3 construction project was selected to
receive funding through the Fuel Tax Agreement.
Phase 3 of the N. 1st St. Revitalization Project will consist of improvements from J. St to MLK
which will include widening of the roadway, adding bike lanes, curb and gutter, sidewalks, curb ramps,
illumination, and traffic signals. In addition, the project also replaces aging water infrastructure and the
installation of needed stormwater infrastructure.
The total grant award from the Transportation Improvement Board (TI B)to the City of Yakima is
$1,500,000 with no match required. This TI B grant is in addition to the NHFP grant the City
secured from the Washington State Department of Transportation in the amount of$2,090,000.
The Fuel Tax Agreement is attached for City Council review.
ITEM BUDGETED: NA
STRATEGIC PRIORITY: Economic Development
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
Adopt Resolution.
ATTACHMENTS:
Description Upload Date Type
2
D Resolution 1/28/2022 Resolution
D Award Letter 12/14/2021 Backup Material
D Fuel Tax Grant Agreement 12/14/2021 Backup Material
❑ Project Funding Status Form 12/14/2021 Backup Material
3
RESOLUTION NO. R-2022-
A RESOLUTION authorizing acceptance of a Transportation Improvement Board (TIB)
Award of$1,500,000 for the N 1st Street Phase 3 project and directing the
City Manager to take all necessary steps to secure the funding.
WHEREAS, the City has completed the reconstruction and improvements of Phase 1
and Phase 2 of the North 1st Street project from U.S. Highway 12 to "J" Street; and
WHEREAS, the City intends to continue the reconstruction and improvements of North 1st
Street from"J"to "MLK", which is Phase 3 and the final Phase of the project; and
WHEREAS, Phase 3 improvements consist of reconstruction and widening of the
roadway, bike lanes, curb and gutter, sidewalks, curb ramps, illumination, and signals;
and
WHEREAS, the City of Yakima was selected to receive funding through the
Transportation Improvement Board ("TIB"), Project Number 8-4-180(025)-1 for Phase 3 of the
project; and
WHEREAS, the N 1st Street Phase 3 project was granted $1,500,000 with no local
match required through the TIB; and
WHEREAS, the City Council finds that it is in the best interests of the City of Yakima and
its residents to accept the TIB Award and direct the City Manager to take all necessary steps to
secure the funding for 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 Five
Hundred Thousand Dollars ($1,500,000) as described in the Grant Program Agreement, and
directed to take all necessary steps to secure the funding for the project.
ADOPTED BY THE CITY COUNCIL this 15th day of February, 2022.
Janice Deccio, Mayor
ATTEST:
Sonya Clear Tee, City Clerk
400,%ngton gfo+o 4
9 Washington State
tiff4 Trans ortation Imp rovement Board
%,, /moo�s6` p p
November 23, 2021
TIB Members
Chair
Councilmember Sam Low Mr. Bill Preston
Snohomish County
City Engineer
Vice Chair
Mayor Glenn Johnson City of Yakima
City of Pullman 129 North Second Street
Amy Asher Yakima, WA 98901-2613
Mason Transit Authority
Aaron Butters,P.E.
HW Lochner Inc. Dear Mr. Preston:
Susan Carter
Hopelink Congratulations! We are pleased to announce the selection of your project, N 1st
Barbara Chamberlain Street, MLK Blvd to J St, TIB project number 8-4-180(025)-1.
WSDOT
Elizabeth Chamberlain TIB is awarding 12.3494% of approved eligible project costs with a maximum grant of
City of Walla Walla
$1,500,000.
Chad Coles,P.E.
Spokane County
Before any work is allowed on this project, you must:
Mike Dahlem,P.E.
City of Sumner
Commissioner Al French • Verify the information on the Project Funding Status Form, revise if necessary,
Spokane County and then sign and scan;
Commissioner Scott Hutsell • Submit the section of your adopted Six Year Transportation Improvement Plan
Lincoln County listing this project;
John Klekotka,P.E. • Sign and scan one copy of the Fuel Tax Grant Distribution Agreement; and
Port of Everett • Return the above items to TIB;
David Ramsay
Feet First
Les Reardanz You may only incur reimbursable expenses after you receive approval from TIB.
Whatcom Transportation Authority
Steve Roark,P.E. In accordance with RCW 47.26.084, you must certify full funding by November 19,
WSDOT 2022 or the grant may be terminated. Grants may also be rescinded due to
Ruth Robertson unreasonable project delay as described in WAC 479-05-211.
Budget Assistant of the Governor
PetertyofRichlan. Ifyou have questions, please contact Andrew Beagle, TIB Project Engineer, at (360)
of Richland � g ( )
586-1151 or e-mail AndrewB@TIB.wa.gov.
Councilmember Jan Schuette
City of Arlington
Jennifer Walker Sincerely,
Thurston County
Jane Wall 13V o
County Road Administration Board
Ashley Probart
Executive Director
Ashley Probart
Executive Director
P.O.Box 40901 Enclosures
Olympia,WA 98504-0901
Phone:360-586-1140
Fax:360-586-1165
Investing in your local community
408 Washington State Transportation Improvement Board 8-4-180(025)-1 5
v�4
Fuel Tax Grant Agreement
City of Yakima
8-4-180(025)-1
N 1st Street
MLK Blvd to J St
STATE OF WASHINGTON
TRANSPORTATION IMPROVEMENT BOARD
AND
City of Yakima
AGREEMENT
THIS GRANT AGREEMENT (hereinafter "Agreement") for the N 1st Street, MLK Blvd to J St
(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 12.3494 percent of approved eligible project costs
up to the amount of$1,500,000, 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
Fuel Tax Agreement Page 1 of 5 November 2012
408 Washington State Transportation Improvement Board 8-4-180(025)-1 6
v�4
9�.„ e 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
4-48 Washington State Transportation Improvement Board 8-4-180(025)-1
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9�.„ e Fuel Tax Grant Agreement
a) RECIPIENT is not making reasonable progress toward correction and
compliance.
b) TIB denies the RECI PI ENT'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
4-48 Washington State Transportation Improvement Board 8-4-180(025)-1 8
v�4
9�.„ e 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
f� 8 Washington State Transportation Improvement Board 8-4-180(025)-1 s
v�4
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
Esc 10
Transportation Improvement Board
Project Funding Status Form
Agency Name YAKIMA TIB Project Number: 8-4-180(025)-1
Project Name: N 1st Street
MLK Blvd to J St
Verify the information below and revise if necessary.
Return to: Transportation Improvement Board • PO Box 40901 • Olympia, WA 98504-0901
PROJECT SCHEDULE
Target Dates
Construction Approval Contract Bid Award Contract Completion
October 2022 November 2022 November 2024
PROJECT FUNDING PARTNERS
List additional funding partners and amount.
Funding Partners Amount Revised Funding
YAKIMA 8,556,300 8,556,300
12/SDOT 0 0
NHFP 2,090,000 2,090,000
TOTAL LOCAL FUNDS 10,646,300 10,646,300
Signatures are required from two different agency officials.Return the originally signed form to the TIB office.
Mayor or Public Works Director
Signature Date
Bob Harrison City Manager
Printed or Typed Name Title
Financial Officer
Signature Date
Jennifer Ferrer-Santa Ines Director of Finance and Budget
Printed or Typed Name Title
TIB Funding Status Report