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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