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Home My WebLink AboutR-2022-055 Resolution authorizing acceptance of a Transportation Improvement Board (TIB) Award for $250,000 for Pacific Avenue Sidewalk Project AT2612RESOLUTION NO. R-2022-055 A RESOLUTION authorizing acceptance of a Transportation Improvement Board (TIB) Award of $250,000 for the Pacific Avenue Sidewalk project. WHEREAS, the City received a Complete Streets Award from the Transportation Improvement Board; and WHEREAS, the Complete Streets Work Plan for the improvements will consist of design and construction of sidewalk on the south side of Pacific Avenue, complete missing sidewalk links from 13th Street to the Yakima County Justice Center; and WHEREAS, the City of Yakima was selected to receive funding through the Transportation Improvement Board ("TIB"), Complete Streets Program, Project Number C-E- 180(002)-1 for the Pacific Avenue Sidewalk project; and WHEREAS, Pacific Avenue Sidewalk project is on the City's Transportation Benefit District (TBD) list; and WHEREAS, Pacific Avenue Sidewalk project was granted $250,000 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 Two Hundred Fifty Thousand Dollars ($250,000) 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 17th day of May, 2022. Janice Deccio, Mayor ATTEST: So ya Claar Tee, City Cler k, � Washington � State — ..� Improvement - ..--^ 0 m�anmgmn/o�o�unaoonnmoanz Complete Streets Award Grant Agreement City of Yakima C-E-1 )-1 Complete Streets Award STATE C]FVVASH|NGTON TRANSPORTATION IMPROVEMENT BOARD AND CITY OFYAK|MA GRANT AGREEMENT C'E-180(002)'l THIS GRANT AGREEMENT ("Agreement") is made and entered into between the WASH|NGTONSTATE TRANSPORTATION IMPROVEMENT BOARD ('7|13")and the CITY OF YAK|K4A.mWashington state municipal corporation ("REC|P|ENT^. WHEREAS, the TIB has developed a grant program, Complete Streets, to provide for the retrofit of streets and roads ("Project") for eligible ciUmo, townn, and counties to provide access to all users, including bicyclists, pedestrians, motorists, and public transportation riders, and WHEREAS, the above -identified RECIPIENT is eligible to receive a Project grant pursuant to ordinance 2016-013 and that it has the legal authority to receive such grant and to perform the Project pursuant tothe terms mfthis grant NOW, THEREFORE, pursuant tochapter 47.28RCVV.RCVV47.O4.33O. and VVAC47B-1O-5OO atoeq.the above recitals that are incorporated herein as iffully set forth be|ovv, and in consideration of the terms, conditions, and performances contained herein, and the attached Exhibits, ifany, which are made opart hereof, |T|SMUTUALLY AGREED A8FOLLOWS: 1.GRANT T|Bagrees tmgnantfundmhn the amount ofTWO HUNDRED FIFTY THOUSAND AND NCMOD dollars ($250.000) 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 ofthis Agreement. 2. PROJECT AND BUDGET The Project shall provide for the retrofit of identified streets orroads onthe REC|P|EhT's approved work plan. |naccordance with applicable laws and ordinances, the RECIPIENT agrees to enter into an agreement with an independent contractor and/or material providers, or 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 nocircumstances shall the T|Bbm 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 T. 3._PROJECT WORK PLAN AND 00CUMENTATION Complete Streets Grant Agreement Page of oaoomoo 2016 Washington State Transportation Improvement Board Complete Streets Award Grant Agreement C-E-180(002)-1 The RECIPIENT agrees to and shall make reasonable progress and submit timely Project documentation, as applicable, throughout the term of this Agreement and Project. Required documents include, but are not limited to the following: a) Project work plan describing eligible items with estimated costs; b) Documentation to support all costs expended on the Project work plan; and b) Project work plan Closeout Form. 4. PAYMENT AND RETURN OF GRANT FUNDS TIB will pay the full grant award to the RECIPIENT after TIB 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 by March 25th, 2025 shall be returned to TIB within ninety (90) days after receipt of TIB's written notification. 5, USE OF COMPLETE STREETS GRANT FUNDS 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 Section 9. 6, RECORDS MAINTENANCE 6.1 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 related indirect costs of any nature expended in the performance of this Agreement. RECIPIENT shall retain such records for a period of six years after the completion of the Project 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. 7 REVISIONS TO THE PROJECT WORK PLAN 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 to 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 incurred in excess of the Agreement grant award. Complete Streets Grant Agreement Page 2 of 5 December 2016 Washington State Transportation Improvement Board C-E-180(002)-1 Complete Streets Award Grant Agreement . TERM OF 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. NON-COMPLIANCE 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 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 Section14. 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. d) 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 be paid 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, that: a) RECIPIENT is not making reasonable progress toward correction and compliance 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, TIB 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 TIB to protect TIB'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. Complete Streets Grant Agreement Page 3 of 5 December 2016 � S1, � m1 Washington State Transportation Improvement Board V Complete Streets Award Grant Agreement C'E-100(002)-Y o) The rightsand remedies ofTlB provided inthis Agreement are not exclusive and are in addition to any other rights and remedies provided by law. 10, DISPUTE RESOLUTION a) The Parties shall make good faith efforts to quickly and collaboratively resolve any dispute arising under n,inconnection 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 bmresolve disputes promptly and at the lowest organizational level, c)|nthe event that the Parties are unable to resolve the dispute, the Parties shall submit the matter to non -binding mediation facilitated bymmutually agreed upon mediator. The Parties shall share equally in the costs of the mediator. d) Each Party agrees toparticipate hothe fullest extent possible and ingood faith in resolving the dispute inorder toavoid delays oradditional 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 been exhausted. 11. GOVERNANCE, VENUE, AND ATIgENEYS FEES This Agreement shall beconstrued and interpreted inaccordance with the laws cfthe state of Washington and venue ofany action brought hereunder shall bminthe Superior Court for Thurston County. The Parties agree that each Party shall be responsible for its own attorneys' fees and costs. 12. INDEM NIFI CATION, HOLD HARMLESS, AND WAIVER " 12.1 RECIPIENT, shall protect, defend, indemnify, andsavehammlessUhe 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 TIB 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 nhm|| be valid and enforceable only tothe extent of REC|P|ENT'oown negligence 12-2 RECIPIENT agrees that its obligations under this section extends hoany claim, demand and/or cause of action brought by, or on behalf of, any of its officers, officials, employees or authorized agents. For this purpose, REC|P|ENT, by mutual negotiedion, hereby waives, with respect toT|8 only, any immunity that would otherwise be available toitagainst such claims under the Industrial Insurance provisions ofTitle 51 RCVV. Complete Streets Grant Agreement Page *ofo oopamoo 2016 Washington State Transportation Improvement Board Complete Streets Award Grant Agreement C-E-180(002)-1 12.3 The obligations of this indemnification and waiver Section shall survive termination of this Agreement. 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 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. 14. 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. 15, INDEPNDENT 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. 16. ENTIRE AGREEMENT 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. RECIPIENT Ohm Execu Officer Bob Harrison Print Name CITY CONTRACT NO•C)08-b" RESOLUTION NOR 20 Transportation Improvement Board 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 VICINITY MAP PACIFIC AVENUE SIDEWALK PROJECT ALK AREAS TIB Members C hair Ccuncilmember Sarn Low Snohomish County. Vice Chair :Mayor Tenn Johnson City of Pullman Amy Asher Mason Transit Authority Aaron Butters, P HW Lochner Inc.: Susan Carter Elope4'tnk Barbara Chamberlain WSDOT Elizabeth Chamberlain City of Walla Walla Chad Coles, P.F. Spokane County Mike DahPem, P.E,. City of Sumner Commissioner Al French Spokane County Cnuncilmember Hilda Guzman City of Granger Commi:,sio nor Scott Hutson Lincoln County iohn Ylekntka P F, Port of Everett David Ramsay Feet First Les Rearclanz Whatcom Transpnrtaticrn Authority Ruth Roberson Budget Assistant to the Governor Peter Ropalsky, P.E. City of Richland Cr uncilmemher,lan Schuette. City of Arlington Jennifer Walker Thurston County Vane yti"all County Road Adiministra lion Board Ashle.y Probart Executive Director pia A V3 R.SCJat(7''3Gr 1. Phone: 36.0-516-11ao WW.ti b. wa.gcw ashington State r- .rt.ti• ;r.v May 24, 2022 Mr. Bill Preston, P.E. City Engineer City of Yakima 129 North Second Street Yakima, WA 98901-2613 Dear Mr. Preston: We are returning a fully executed copy of the grant agreement for your Complete Streets Award project, TIB # C-E-180(002)-1. You may now incur eligible costs as designated in your approved work plan. Unlike our other programs, for this award you will not need to request reimbursement online. TIB will release funds without a payment request. Please work with your finance officer to ensure they are ready to receive the entire award amount when funds become available. We are happy to assist you with any questions. You can contact Andrew Beagle, TIB Project Engineer, at (360) 586-1151 or via e-mail at AndrewB@TIB.wa.gov. Sincerely, Ashley Probart Executive Director Enclosure: Executed Complete Streets Agreement Investing in your local community TIB Members Chair Ccundlrmem,lher Sam Low Snohomish County Vice Chair .Mayor Glenr, Johnson City of Pullman Amy Asher Mason Transit Authority Aaron nutters, P.E. HW Lochner Inc.. Susan Carter Hopelink Barbara Chamberlain WSDOT Elizabeth Chamberlain City of Walla Walla Chad Coles, P, E, Spokane County Mike Dahllem, P;.E, City of Sumner Commissinner Al French Spokane County Cnunc'ilmernber Hilda Guzman City of Granger inner Scott Hutson Lincoh County John Klekotka, P.E. Port of Everett David Ramsay Feet First Les Reardanz 1S,thatcom Tra mspnrtatinn Authority Ruth Roberson Budget Assistant to the Governor Peter Rogaisky, P.E. City of Richland Councilmember Jan Schuette City of Arlington Jennifer Walker Thurston County Jane Wall County Road Administration Board Ashiey Pi -abort Executive Director P,. 0 Box 40901 Olympia, WA 98504-0401 Phone: 360-586-1140 wyw,rwaib wa. goy Washington State tio r•v March 25, 2022 Bill Preston City of Yakima 129 North Second Street Yakima, WA 98901-2613 Dear Bill: Congratulations! The Transportation Improvement Board (TIB) has selected your city for a Complete Streets Award. This recognition award includes a grant not to exceed the amount of $250,000. In recognition of being nominated for Complete Streets, you will also receive an acrylic award in the mail within the next few weeks. How is grant funding received? What is the next step? • Please email an original signed Grant Agreement. Once executed (signed by TIB), we will email you a copy for your records. • A specific schedule of transfers will be given to you before May 1st, 2022. • Funds must be tracked in a separate account or with an identifiable accounting code. Check with your finance officer to ensure your city is ready to receive funds. How can funds be used? What is the grant requirement? • The grant requires all items on the attached and approved TIB Complete Streets work plan to be completed. (Additional funding from other sources may be required to finish all approved items.) How do I show the funds were used? Once the approved work plan items are completed, you must send in backup documentation showing expenditure amounts, dates, and activities related to the funds and photos or other documentation showing the completed work. When must funds be used? Funds must be used by March 25, 2025. Any unused funds must be returned to TIB. Future eligibility. All items listed on your approved work plan must be completed before your city will become eligible for future Complete Streets awards. If you have questions, please contact Andrew Beagle, TIB Project Engineer, at (360) 586- 1151 or email AndrewB@tib.wa.gov. Questions regarding fund transfers should be directed to Vaughn Nelson at (360) 586-1149 or email VaughnN@tib.wa.gov. Sincerely, 134 Ashley Probart Executive Director Attachments Investing in your local community Transportation Improvement Board Complete Streets Work Plan Agency City of Yakima Agency Contact Bill Preston, PE Phone 509-576-6754 Email Bill.Preston@yakimawa. Proposed Work Item Pacific Avenue Sidewalk - 13th Street to Yakima County Justice Center Total Work Plan OV lete Streets Funding $250,000 Description Design and construct sidewalk on the south side of Pacific Avenue, completing the missing link. Pedestrians currently utilize a dirt path adjacent to the curb for walking along this route. Agency Certification Certification is hearty given that the proposed work plan represents projects that support and reflect our commitment to the Complete Streets ordinance and ethic. Signature of Authorized Agency Official Bob Harrison, City Manager Agency Official Name & Title Yakima_CSworkpia n_150-250-350\$250,000 Revised Jan 2022 Complete Streets Funding Estimated Completion Year $ 250,000 2023 Work must be completed within three vears oof` board approval or funds will be _ .. returned. All work plan items must be completed before agency is eligible for future nominations. Date TIB Approval Project Engineer Review Executive Director Date 2/25/2022 Date 3- "2A2i 1 ITEM TITLE: SUBMITTED BY: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEM ENT Item No. 6.E. For Meeting of: May 17, 2022 Resolution authorizing acceptance of a Transportation Improvement Board (TI B) Award for $250,000 for Pacific Avenue Sidewalk ProjectAT2612 Scott Schafer, Director of Public Works Bill Preston, City Engineer - (509) 576-6754 SUMMARY EXPLANATION: On March 25, 2022 the Transportation Improvement Board (TIB) selected Yakima to receive a Complete Streets award of $250,000 for the Pacific Avenue Sidewalk project. This project is on the Transportation Benefit District (TBD) list. The Pacific Avenue Sidewalk project will add new sidewalk from 13th Street to the 15th Street and a missing section north of Dalton Road on 18th St. It will include the design and construction of sidewalk on the south side of Pacific Avenue that is currently missing sidewalk. Acceptance of this Award will complete the project and remove it from the TBD list without using TBD funds. There is no match requirement for this Award. ITEM BUDGETED: No STRATEGIC PRIORITY: Public Safety APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOMMENDATION: Adopt Resolution. ATTACHMENTS: Description D Resolution D Award Letter D Draft Agreement D Vicinity Map Upload Date 4/26/2022 4/14/2022 4/14/2022 4/26/2022 Type Resolution Backup Material Backup Material Exhibit