HomeMy WebLinkAboutR-2024-004 Resolution acceptance of a Transportation Improvement Board (TIB) grant award agreement for 34th/Fruitvale/River Road Roundabouts Project 2447 RESOLUTION NO. R-2024-004
A RESOLUTION authorizing acceptance and execution of the Washington State
Transportation Improvement Board (TIB) Fuel Tax Grant Agreement for
the 34th/Fruitvale/River Road Roundabouts Project 2447.
WHEREAS, the City of Yakima (City) desires to improve the functionality of the Fruitvale
Boulevard and 34th Avenue Intersection by providing two roundabouts, one at the intersection
of 34th Ave and Fruitvale Boulevard and one at River Road and 34th Ave; and
WHEREAS, the City was selected to receive up to 50.9049% reimbursement of eligible
costs with a maximum grant of $2,087,102 in state funding through the Fuel Tax Grant
Agreement number 8-4-180(027)-1; and
WHEREAS, the City has previously received an HSIP federal grant of$1,012,898, a
NHPP federal grant of$228,000, and a state grant of$1,000,000 towards this project; and
WHEREAS, the match required for the TIB award will be supplied by the federal funds
already awarded to the project; and
WHEREAS, the City Council finds that it is in the best interests of the City of Yakima and
its residents to accept and execute the grant agreement with TIB for the 34th/Fruitvale/River
Road Roundabouts project 2447, and authorize the City Manager to take all necessary steps to
execute the grant agreement, necessary contracts, and administer the funds received from TIB;
now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
Section 1. The City Manager is hereby authorized to accept the Washington State Department
Transportation Improvement Board grant, attached hereto and incorporated herein by this
reference, not to exceed Two Million Eighty-Seven Thousand One Hundred and Two Dollars
($2,087,102.00) as described in the Grant Program Agreement, and directed to take all
necessary steps to secure the funding for the 34th/Fruitvale/River Road Roundabouts Project
2447.
Section 2. The appropriate administrative officials of the City are hereby authorized to receive
monies and to expend the same as authorized by the TIB award.
Section 3. The City Manager, or his designee, shall have responsibility for the administration of
said funds and expenditure of said funds received pursuant to the award, which is attached
hereto as Exhibit "1" and incorporated herein, and the budget submitted therewith for the TIB
grant.
Section 4. The City Council hereby authorizes the City Manager to execute any and all
contracts necessary and not to exceed the budgeted amounts outlined in Exhibit "1", and enter
into any other necessary agreements or documents to accomplish the 34th /Fruitvale/River
Road Roundabouts Project 2447 funded through the award.
Section 5. Severability. If any section, subsection, paragraph, sentence or clause of this
resolution is declared invalid or unconstitutional for any reason, such decision shall not affect
the validity or constitutionality of the remaining portions of the resolution.
1
ADOPTED BY THE CITY COUNCIL this 2nd day of January, 2024.
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Patricia Byers, Mayor
ATTEST:
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Rosalinda Ibarra, City Clerk c4ii ii; "* :o ,'
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Washington State
Transportation Improvement Board
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TIB Members
December 1, 2023
Chair
Mayor Glenr Johnson
City of Pullman
Vice Chair Mr. Bill Preston, P.E.
Councdmemhnr Sam Low
Snohomish Coomy, City Engineer
Amy Asher City of Yakima
Mason Transit Authority 129 North Second Street
Aaron Butter,PE Yakima, WA 98901-2613
HW Lochner tcr.
Susan Carter
Hopellnk Dear Mr Preston:
Kent Cash,PC
Port of Vancouver Congratulations! We are pleased to announce the selection of your project, 34th
BarSara C„amberlair Avenue Roundabouts, Fruitvale Boulevard to 34th Avenue, TIB project number 8-4-
WSOO 180(027)-1.
Eliz hamberlal City of Wada Wallaa TIB is awarding 50.9049% of approved eligible project costs with a maximum grant of
City of
Dong„o Chang,PE $2,087,102.
WSD°T Before any work is permitted on this project, you must complete and email the following
Scott Chesney items to your TIB engineer:
Spokane County
Vicky Clarke • Verify the information on the attached Project Funding Status Form and, revise
Cascade Bicycle Club/Washington Bikes if necessary. Sign and email a copy.
Mike Dahlem,PE • Submit the section of your adopted Six Year Transportation Improvement Plan
City of Sumner
listing this project;
Commissioner Al French
Spokane County • Sign and email one copy of the Fuel Tax Grant Distribution Agreement.
Ccunulmember Hilda Gonzalez
City of Granger
Commissioner Scott Hut-ell You may only incur reimbursable expenses after you receive approval from TIB.
Lincoln County
les Reardanz In accordance with RCW 47.26.084, you must certify full funding by December 2, 2024
Whatcom Transportation Authority or the grant may be terminated. Grants may also be rescinded due to unreasonable
Peter Rogalsky PE project delay as described in WAC 479-05-211.
City of R ich la no
If you have questions, please contact Jonathan Heusman, TIB Project Engineer, at
Mayor Kim Roscoe
City of Ffe JonathanH(aTIB.wa.gov.
Maria Thomas Sincerely,
Office of Financial Management
Jennifer Walker
Thurstonurston 1 County M
Jane Wall
County Road Administration Board Ashley Probart
Executive Director
Ashiey Probart
Esecutiye Director
P O,Box 40901 Enclosures
Olympia,WA 98504-09C1
Phone 360-586-1140
Fay 360-586 1165
www.bb wa goy
Investing in your local community
Washington State Transportation Improvement Board 8-4-180(027)-1
it j� Fuel Tax Grant Agreement
City of Yakima
8-4-180(027)-1
34th Avenue Roundabouts
Fruitvale Boulevard to 34th Avenue
STATE OF WASHINGTON
TRANSPORTATION IMPROVEMENT BOARD
AND
City of Yakima
AGREEMENT
THIS GRANT AGREEMENT (hereinafter "Agreement") for the 34th Avenue Roundabouts,
Fruitvale Boulevard to 34th Avenue (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 50.9049 percent of approved eligible project costs
up to the amount of$2,087,102, 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 I of 5 November 2012
■■�-► Washington State Transportation Improvement Board 8-4-180(027)-1
IIIJJ 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
��.�+ Washington State Transportation Improvement Board 8-4-180(027)-1
T�' Fuel Tax Grant Agreement
a) RECIPIENT is not making reasonable progress toward correction and
compliance.
b) TIB denies the RECIPIENT'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
Washington State Transportation Improvement Board 8-4-180(027)-1
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
��- Washington State Transportation Improvement Board 8-4-180(028)-1
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 Exe I actor ate
Rober+ t- c rr o r- 51'al,t6
Print Name Print Name
CITY CONTRACT NO:���
RESOLUTION NO: (�°
Fuel Tax Agreement Page 5 of 5 November 2012
Transportation Improvement Board
Vji Project Funding Status Form
Agency Name YAKIMA TIB Project Number. 8-4-180(027)-1
Project Name. 34th Avenue Roundabouts
Fruitvale Boulevard to 34th Avenue
Verify the information below and revise if necessary.
Email to: Your TIB Engineer
PROJECT SCHEDULE
Target Dates
Construction Approval Contract Bid Award Contract Completion
PROJECT FUNDING PARTNERS
List additional funding partners and amount.
Funding Partners Amount Revised Funding
YAKIMA 0
WSDOT 0
Federal Funds 0
WA St. Legislature 1,000,000
HSIP Program 1,012,898
TOTAL LOCAL FUNDS 2,012,898
Signatures are required from two different agency officials.Return the originally signed form to your TIB Engineer.
Mayor/Or /'' i4?G-r2
C
.
Signature Date
Robert- ma ex—
Printed or Typed Name Title
eSignature Dat
/X1
Bill Preston
Printed or Typed Name Title
TIB Funding Status Report
1
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`per
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 8.1.
For Meeting of: January 2, 2024
ITEM TITLE: Resolution authorizing acceptance of a Transportation
Improvement Board (TI B) grant award agreement for
34th/Fruitvale/River Road Roundabouts Project 2447
SUBMITTED BY: Scott Schafer, Director of Public Works
* Bill Preston, City Engineer(509) 576-6754
SUMMARY EXPLANATION:
The City of Yakima desires to improve the intersection of 34th Ave. and Fruitvale Blvd with the
addition of a roundabout and other improvements. This project is on the Six Year Transportation
Improvement Program (TIP) list. The design is currently underway and scheduled for completion in
the Spring of 2024. The City has received an HSIP federal grant of$1,012,898, an NHPP federal
grant of$228,000, and a state grant of$1,000,000 towards the completion of this project.
On Dec. 1, 2023, the Washington State Transportation Improvement Board (TIB) has awarded a
Fuel Tax Grant award of 50.9049% of approved eligible costs with a maximum grant of$2,087,102.
The City recommends entering into Agreement#8-4-180(027)-1. The additional funds will go towards
construction of the project. The match dollars required will be the federal funds already awarded to the
project.
ITEM BUDGETED: No
STRATEGIC PRIORITY: Public Safety
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
Adopt Resolution.
ATTACHMENTS:
Description Upload Date Type
❑ Resolution 12/28/2023 Resolution
D 11B Agreement 12/6/2023 Backup Material