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Home My WebLink AboutR-2022-031 Resolution authorizing acceptance of a Transportation Improvement Board (TIB) Award for $1,500,000 for N. 1st Street Revitalization Phase 3A RESOLUTION RESOLUTION NO. R-2022-031 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' jar Tee, City Cler Washington State Transportation Improvement Board I " Fuel Tax Grant Agreement Citv of Yakima MLK Blvd to J St STATE OFVVA5HINGTON TRANSPORTATION IMPROVEMENT BOARD AND ` City ofYakima AGREEMENT 0'4'180(025)'l THIS GRANT AGREEMENT (hereinafter "Agfor the N1st N1UKBlvd hoJSt (hereinafter "Project") is entered into by the VVASH|NGTON STATE TRANSPORTATION IMPROVEMENT BOARD (hereinafter "T|B") and City of Yakima, a political subdivision of the Stab* of Washington (hereinafter "RECIPIENT"), 1.UPURPOSE For the project specified above, TIB shall pay 12.3494 percent of approved eligible project costs uptothe amount of$1.5OU`80O` pursuant toterms contained inthe RECIPIENT'S Grant Application, supporting documentation, chapter 47.26RCVV title 470VVAC.and the terms and conditions listed below. 2.0�SCOPE AND BUDGET � ,The Project Scope and Budget are initially described i REC| Grant Application and incorporated byreference into this Agreement. Scope and Budget will befurther developed and rmfnad, 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 TlBrequires RECIPIENT tumake reasonable progress and submit timely Project documentation eoapplicable throughout the Project. Upon REC|P|ENTosubmission ofeach 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 tothe 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 4'0ED PAYMENT The local agency shall submit progress billings as project costs are incurred to enable TIBto maintain accurate budgeting and fund management. Payment requests may be submitted as Fuel Tax Agreement Page Imo wum,nou 2012 Washington State TransportationImprovement Board 8-4-180(025)-Y Fuel Tax Grant Agreement often anthe RECIPIENT deems necessary, but shall bosubmitted mtleast quarterly if billable amounts are greater than $5O.000. |fprogress billings are not submitted, large payments may bedelayed nrscheduled inopayment plan. 5.0TERM OF AGREEMENT This Agreement shall be effective upon execution by TIB and shall continue through closeout of the grant nruntil terminated as provided herein, but ahm|| not exceed 10yeons unless amended bythe Parties. ' ^60AMENOMENT8 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 7.0 ASSIGNMENT The RECIPIENT shall not assign or transfer its rights, benefits, or obligations under this Agreement without the prior written consent of7lB.The REC|P|ENT is deemed toconsent tn assignment ofthis Agreement byT|Bhoasuccessor entity. Such consent shall not constitute a waiver ofthe REC|P|EN7o other rights under this Agreement. 8.08OVERNANC This Agreement shall beconstrued and interpreted inaccordance with the laws ofthe state nf Washington and venue of any action brought hereunder shall be in the Superior Court for Thurston County. F.ODEFAULT AND TERMINATION ~NON-COMPLIANCE a) |nthe event T|B dotnrminom, in he sole discretion, the RECIPIENT has failed to comply with the terms and conditions of this Agreement, TIB shall notify the RECIPIENT, inwriting, ofthe non-oomp|ionuo. 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'oompHianoe, a request to amend the Pnoject, or denial accompanied bysupporting details. C) llBwill provide 30days for RECIPIENT tomake reasonable progress toward compliance pursuant to its plan to correct or implement its amendment to the Project. d) Should RECIPIENT dispute non-comp|iance.TlBwill 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 bmconsidered in default ifTlB detennineo, in its sole discretion, that: Fuel Tax Agreement ` Page 2*o wvvemuo201e Washington ��, 1~State /mnopurta_�ooImprovement Boa Fuel Tax Grant Agreement x� 8~4-180(025)'l u) RECIPIENT isnot making reasonable progress toward correction and compliance. b) TIB denies the REC|P|ENTerequest toamend the Project. c) After investigation T|Bconfirms RECIPIENT'S non'comp|ianm*. TIBneserves the right to order RECIPIENT toimmediately stop work onthe Project and TIB may stop Project payments until the requested corrections have been made or the Agreement has been terminated. 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 aon/ed in pemon, by email urbycertified letter, Upon service ofnotice of termination, the RECIPIENT shall immediately stop work and/or take such action aemay 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 law including, but not limited to, repayment of grant funds, C) The rights and remedies of TIBprovided inthe AGREEMENT are not exclusive and are in addition to any other rights and remedies provided by law. 9.4TERMINATION FOR NECESSITY TIBmay, with ten (10days written notice, terminate this Agreement, in whole orin part, because funds are nolonger available for the purpose ofmeeting TlB'sobligations. 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 ofthese funds for anything other than highway or roadway system improvements is prohibited and shall subject the RECIPIENT tothe terms, conditions and remedies set forth inSection 8. |fRightnfVVoyhs 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 ORDECREASE |NTlBGRANT �FUNDS AtBid Award and Contract Completion, RECIPIENT may request sminoreaaein the maximum payable TlBfunds for the specific project. Requests must bamade inwriting and will be considered byT|Band awarded atthe sole discretion ofT|B. All increase requests must he 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 T|Bfunds and total project costs, audescribed inSection 1.Oofthis Agreement. Fuel Tax Agreement Page 3m5 November 2012 Washington State Transportation Improvement Board 8~4-180(025)'l 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 inany manner bedeemed employees ofT|B. 13.0 INDEMNIFICATIONAMQHO 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 | 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. NoPARTY will berequired to indemnify, defend, or save harmless the other PARTY if the claim, suit, or action for injuries, death, ordamages iocaused bythe sole negligence nfthe 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 ofTitle 51RCVV. |nany action toenforce 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 ofthis Agreement. 14.0 DISPUTE RESOLUTION s) 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 ofthis AGREEMENT. ' b) Informal Resolution. The PARTIES shall use their best efforts toresolve disputes promptly and at the lowest organizational level. o) 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 tocompromise to the fullest extent possible inresolving 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 *ms wmemoeremu Washington State Transportation Improvement Board Fuel Tax Grant Agreement 8~4/80(025)-Y 15.D�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-'~ Washington Administrative ----' and TIB Policies, constitutes the entire agreement between the PARTIES and supersedes all previous written or oral agreements between the PARTIES. .1G`D RECORDS MAINTENANCE The RECIPIENT shall maintain books, records, documents, dcdoandoUheravidanoerelabngbm 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 ofany nature expended inthe performance nfthis Agreement. RECIPIENT shall retain such records for operiod mfsix years following the date offinal payment. Atnoadditional 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 baretained until all litigation, claims, oraudit findings involving the records have been resolved. Approved aotoForm Attorney General Signature on file Guy Bowman Assistant Attorney General Lead Agency Print Name -�� CITY CONTRACT NO, RESOLUTION NO; ( Fuel Tax Agreement Transportation Improvement Board Print Name wv,anuw 2012 1 ITEM TITLE: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEM ENT Item No. 9. For Meeting of: February 15, 2022 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 ❑ Resolution 1/28/2022 Resolution ❑ 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