HomeMy WebLinkAboutR-2023-020 Resolution authorizing acceptance of a Transportation Improvement Board (TIB) grant award agreement for $1,335,000 for Nob Hill Boulevard Overlay Project 2619RESOLUTION NO. R-2023-020
A RESOLUTION authorizing an agreement for a Transportation Improvement Board (TIB)
Fuel Tax Grant Award of $1,335,000 for the Nob Hill Boulevard Overlay
project 2619.
WHEREAS, the City of Yakima received a Transportation Improvement Board Award for
the Nob Hill Boulevard Overlay project; and
WHEREAS, the Nob Hill Boulevard Overlay project includes milling and overlaying
approximately 0.8 miles of roadway from 15th Avenue to 28th Avenue including ADA curb ramp
improvements; and
WHEREAS, the City of Yakima was selected to receive funding through the
Transportation Improvement Board ("TIB"), Fuel Tax Agreement, Number 8-4-180(026)-1 for
the project; and
WHEREAS, the Transportation Improvement Board award shall provide 80 percent
of project costs up to $1,335,000, and the City shall provide the remaining 20 percent
match and any additional funding necessary to complete the project; and
WHEREAS, the City will contract after the required public process with a contractor
to complete the improvements, the anticipated costs of construction are known at the time
of this resolution; and
WHEREAS, the City Council finds that it is in the best interests of the City of Yakima and
its residents to complete the Nob Hill Boulevard Overlay project, accept the TIB Award, and
direct the City Manager to take ail necessary steps to secure the funding for the project and to
administer said funds and the expenditure of said funds to complete 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 Three
Hundred and Fifty -Five Dollars ($1,355,000) as described in the Fuel Tax Agreement, and
directed to take all necessary steps to secure the funding for the Nob Hill Boulevard Overlay
Project 2619,
ADOPTED BY THE CITY COUNCIL this 7th day of February, 2021
Janice Deccio, Mayor
SonyaClaar Tee, City C
TIDuxembem
vai,
Mayor Glenn Johnson
City of Pullman
Vice Chair
counci/membe,Sam Low
Snohomish County
Amy Asher
Mason Transit Authority
Aaron Butters, m
HW Lochner Inc.
Susan Carter
Hope/ink
Kent Cash, ,^
Port of Vancouver
Barbara Chamberlain
WSDOT
Elizabeth Chamberlain
City of Walla Walla
Donghoo=ng, PE
WSDOT
Scott Chesney
Spokane County
Vicky Clarke
Cascade Bicycle Club/Washington Bikes
Mike oww*m
City of Sumner
Commissioner wFrench
Spokane County
c=ncilmemu"Hilda Guzman
City of Granger
Commissioner Scott *mm/
Lincoln County
u"Re~da",
Whatcom Transportation Authority
Peter wwuw'^
City of Richland
Mayor Kim Roscoe
City wFife
Maria Thomas
Office of Financial Management
Jennifer Walker
Thurston County
Jane Wall
County Road Administration Board
Ashley Probart
Executive Director
r�Box 40901
Olympia,
w^�sv+umz
r^"",.n*,o6-z14u
p""3momuua
Mr. Bill Prea1on, P.E.
City Engineer
City OfYakima
129North Second Street
Yakima, WA 88901-2813
Dear Mr. Preston:
Congratulations! We one p|moemd to announce the selection of your project, Nob Hill
Boulevard Ovedoy, 8 15thAve 0o82[thAve, T|B project number 8-4-180(026)-l.
T|B is awarding 80.0000Y6 of approved eligible project costs with a nnaxinnunn grant of
$1.335.000.
Before any work is permitted on this project, you must complete the following:
° Verify the information onthe attached Project Funding8totuaFornnand'nevine
if necessary. Print, sign and email uscanned copy;
° Submit the section of your adopted Six Year Transportation Improvement Plan
listing this project;
° Sign, scan and email one copy of the Fuel Tax Grant Distribution Agreement;
and
* Return the above items [oT|B�
,
You may only incur reimbursable expenses after you receive approval from TIB.
|naccordance with RCVV47.20.U84.you must certify full funding bvDecember 2.2023
orthe grant may be terminated. Grants may also berescinded due to unreasonable
project delay as described in WAC 479-05-211.
|fyou have questions, please contact Jonathan ||eunrnon.T|BProject Engineer.o[
Jonathan H(@[-|B.vVG.qOV.
Sincerely,
+ ?.44 6111
Aah|gyProbart
Executive Director
Enclosures
Investing /n your local community
Washington 8�� xxDu/n Transportation Improvement Board 8-4-180(026)'Y
Fuel Tax Grant Agreement
City ofYakima
8-4-180(026)-1
Nob Hill Boulevard Overlay
STATE (]FVVASH|NGTON
TRANSPORTATION IMPROVEMENT BOARD
AND
City Yakima
AGREEMENT
THIS GRANT AGREEMENT (hereinafter
15th Ave to S 28th Ave (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.OPURPOSE
For the project specified above, T|Bshall pay 80-00OU percent eligible costs
up to the amount of$1 3�5 OOO pursuant terms contained
- '' ad i � ^
. . . �am in Grant
Application, supporting documentation, chapter 47.26 RC\A/--title 47&VVACand the terms and
conditions listed below.
2.OSCOPE AND BUDGET
The Project GoupeondBudQetare|nb|a|k/deoorbedinRE{]P|ENT`aGrartAppUnoUonanU
incorporated bvreference into this Agree,Agreement. Scopeand Budget will bofurther developed and
refined, but not substantially altered during the Design, Bid Authorization and Construction
Phases. Any material alterations tnthe original Project Scope orBudget ooinitially described /n
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 meapplicable throughout the Project. Upon REC|P|ENT'ssubmission 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 tothefollowing:
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
D Project Accounting History
4.0BILLING AND PAYMENT
The local agency shall submit progress billings anproject 000taeneinourn*dtoenab|eT|Bto
nnaintoinaooura��budge�ngand fund nnonogen�ent. Payment
Washington �n�n Transportation Improvement Board 8-4-180(0%26)-Y
Fuel Tax Grant Agreement
often as the RECIPIENT deems necessary, but shall be submitted at least quarterly if billable
amounts are greater than $581]OO. |fprogress billings are not submitted, large payments may
badelayed orscheduled inapayment plan.
5.OTERM [)FAGREEMENT
This Agreement shall beeffective upon execution bvT|Band ahaUcondnuathrough closeout of
the grant oruntil terminated aeprovided herein, but
'shall not exceed 1Oyears unless amended
by the Parties.
8.0AMENDMENTG
This Agreement may beamended bvmutual agreement wfthe Parties. Such amendments shall
not be binding unless they are in writing and signed by persons authorized to bind each of the
7.0A8G|GNK8ENT
The RECIPIENT shall not assign or transfer its rights, benefits, or obligations under this
Agreement without the prior written consent ofT|B. The RECIPIENT iodeemed toconsent to
assignment ufthis Agreement bvT|Btoasuccessor enUiv. Such consent ehaUnot const�ub3e
vvoiverofthe RE��|F1ENT`sother h/\
ghteund�rth�oonae -ent.
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.
S.0DEFAULT AND TERMINATION
9.1 NON-COMPLIANCE
a) (nthe event TlBdetermines, in its sole discretion, the RECIPIENT has failed to
comply with the terms and conditions ofthis Aoreenl�nt.T|BoAoUnc�|fvtheREC|P|ENT
in writing, ofthe non-oonnp|iance. - ^ '
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-cVnmpUanca, e.request to amend the Pr act. or a denial
aoconnpaniedbyauppo�ingdetails.
'
c) T|Bvv||| prov|de3U days for RECIPIENT to make reasonable progress toward
compliance pursuant tuits plan to correct orimplement its amendment tothe Project.
d) Should RECIPIENT dispute nun-oomp|ianue.T(Bwill 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 beconsidered indefault ifTlBdetermines, inits sole discretion, that:
Fuel Tax Agreement Page zof 5 November 2012
Washington State Transportation Improvement Board 8'4'180(026)-1
Fuel Tax Grant Agreement
o> RECIPIENT ionot making reasonable progress toward correction and
compliance.
b T|Bdenies the RECIP|ENT'srequest toamend the Project.
o) After investigation T/Bconfirms RECIPIENT'S non'comp|ionmy.
T|B reserves the right to order RECIPIENT to immediately stop work on the Project and
T|Bmay stop Project peymentountUtherequemtedcurrectinnehavebeenmodortha
Agreement has been terminated.
9.3 TERMINATION
o) In the event of default by the RECIPIENT as determined pursuant to Section 9.2,
T/Bshall serve RECIPIENT with owritten notice nftermination ofthis Agreement,ovvh|ch
oh8/| be served in pmroon, by email or by certified letter. Upon oan/ine nodoe 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 law including, but not limited to, repayment of
grant funds.
u\ The rightsandrennadieaofTlB provided inthe AGREEMENT are not exclusive
and are in addition to any other rights and remedies provided by law.
8.4TERMINATION FOR NECESSITY
T|Bmay, with ten (10days written notice, terminate this Agreement, inwhole orinpart,
because funds are nolonger available for the purpose of meetingT|B'oob(igationo. 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 OFT|BGRANT FUNDS
T|Bgrant funds come from Motor Vehicle Fuel Tax revenue. Any use ofthese funds for
anything other than highway Orroadway system improvements isprohibited and shall oubiec�
the [�E��|P|E�VTtothe tarnna. conditions and rernmdiasset fo�h in Section 8. If Right ofWay � 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 ORDECREASE |NT|BGRANT FUNDS
At Bid Award and Contract Completion, RECIPIENT may request an increase in the nnaxinourn
payable T|Bfunds for the specific project. Requests must bgmade inwriting and will be
considered byT|Band awarded et the sole discretion ofT|B. All increase requests must be
made pursuant toVVAC47S-O5-2O2and/or \8A\C47S-01-O6O.|fonincrease iodenied, the
recipient shall be liable for all costs incurred in excess of the maximum amount payable byT|B.
|nthe event that final costs related tothe specific project ore|maethmOtheinibo|grantovvand.
T|B funds will be decreased and/or refunded to T|B in m manner that maintains the intended
ratio between T|Bfunds and total project 000ts.emdeaorihedin8ecUon1.OofthioAonaoment.
Fuel Tax Agreement Page »or5 mvvemberuo1z
NashingtonState Transportation Improvement Board
��' Fuel Tax Grant Agreement
8'4-180/026V-Y
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]3 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 ofdamages, arising out of, orin
any way resulting from, that PARTY'a own negligent acts oromissions which may arise in
connection with its performance under this Agreement. NoPARTY will berequired to
indennnifv, defand, or save harmless the other PARTY ifthe claim, ou|t, or action for injuries,
death, ordamages iucaused bythe sole negligence Ofthe other PARTY. Where such claims,
suits, oractions result from the concurrent negligence ofthe PARTIES, the |Ddernnib/provio|one
providedhenainehmUbovm|idandenh)rce8b|eon/y1Uthae>tentofaPARTY'oovvn' |� neg ganoe.
Each ofthe PARTIES agrees that its obligations under this subparagraph extend toany claim,
demand and/or cause ofaction brought by, uronbehalf of, any ofits employees oragents. 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 n|oinma
under the Industrial Insurance provision ofTitle 51 RCVV. |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 of this Agreement.
14.0 DISPUTE RESOLUTION
a) The PARTIES shall make good faith efforts to quickly and collaboratively
dispute arising under or in connection with this AGREEMENT. The disputeresolution-
process outlined in this Section applies hmdisputes arising under or in connection with
the terms ofthis AGREEMENT.
bA Informal Resolution. The PARTIES shall use their best efforts toresolve disputes
promptly and atthe lowest organizational level.
u) |nthe event that the PARTIES are unable boresolve the dispute, the PARTIES shall
submit the matter to non -binding mediation facilitated by a mutually agreed upon
mediator. The PARTIES shall share equally inthe cost ofthe mediator.
dU Each PARTY agrees to compromise to the fullest extent possible in resolving the dispute
inorder toavoid delays oradditional incurred cost hVthe 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
�Washington State Transportation Improvement Board B-4/80026)'Y
,� 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 ororal 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 pfany nature expended inthe performance ofthis Agreement. RECIPIENT shall retain
such records for aperiod mf six years followingthe date offinal payment. Adnoadditional cost,
these records, including materialsgenerated under the Agreement shall besubject atall
reasonable times to inspection, review or audit by TIB personnel duly authorized by TIB, the
Office ufthe State Auditor, and federal and state officials ooauthorized by law, regulation or
agreement.
Ifany litigation, claim oraudit is started before the expiration ofthe six (6) year period, the
records shall be retained until all litigation, claims, or audit findings involving the records have
been resolved.
Approved amtoForm
Attorney General
Signature onfile
Guy Bowman —^
Assistant Attorney General
Lea�,qAgency
kAllef ExecuUve Officer
Print Name
CITY CONTRACT NO! -
RESOLUTION NO�
Fuel Tax Agreement
Transportation Improvement Board
2-17-2O23
sxemcunvemirector �— oum
Ashley PMDbart
Print Name
ITEM TITLE:
SUBMITTED BY:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 6.1.
For Meeting of: February 7, 2023
Resolution authorizing acceptance of a Transportation
Improvement Board (TI B) grant award agreement for $1,335,000
for Nob Hill Boulevard Overlay Project 2619
Scott Schafer, Director of Public Works
* Bill Preston, City Engineer - (509) 576-6754
SUMMARY EXPLANATION:
The Transportation Improvement Board (TIB) selected Yakima to receive a Fuel Tax Grant award
of $1,335,000 for the Nob Hill Boulevard Overlay project 2619. The City of Yakima has plans to
improve sections of Nob Hill Boulevard. The Overlay project includes milling and overlaying
approximately 1.60 miles of roadway from 4th Avenue to 28th Avenue including ADA curb ramp
improvements. The project has been split into two stages for construction; 4th Ave to 15th Ave
and 15th Ave to 28th Ave. Funds from the TI B Award will be used towards the section of 15th
Ave to 28th Ave.
ITEM BUDGETED: No
STRATEGIC PRIORITY: Public Safety
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
Adopt Resolution.
ATTACHMENTS:
Description Upload Date
0 Resolutbn 1/24/2023
0 Award Letter and Agreement 12/21/2022
Type
Resolutbn
Contract