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Home My WebLink AboutPW05-173 - Original - WA State Transportation Improvement Board - Construction Phase TIB Project #8-1-106(027)-1 - 03/02/2005 '4 = Records M = erne"n KENT WASH IN GTON Document CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed, if you have questions, please contact City Clerks Office. Vendor Name: A S /, U&,4s pt?�4w� tglI Vendor Number: JD Edwards Number Contract Number: P0051173 This is assigned by Deputy City Clerk Description: l ,D1/\S- YU('a-1M EMS , A- ) I21Z7 OL ! Detail: fa[A' G 1(h(LW4 b fZ Clq r o� 57-Ld ��±1C' CJ�T Project Name: 1 O ckli C G��II .L t l �01J�'�l f Contract Effective Date: �) I ` I Termination Date: /tu o -reltml I(Af7 W C�k Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager:MA �IA �(6H— Department: \JVW Abstract: 5 Pubhc\RecordsManagement\Forms\ContractCover\ADCL7832 07102 CITY OF KE101 Q Washington State Aga 0 ' m Transportation Improvement Board icw,, ge nwl m� 78r/on rmyr�� Trunvmittal Letter TIB Members March 2, 2005 Councdmember William Ganley Chan,City of Battle Ground Commissioner Leo Bowman Mr. Larry Blanchard, P. E. Vice Chan,Benlnn County Public Works Director Mr JohnofElles,PE City of Kent City of Efle nsburg ouncilmember Jeanne Burbidge 220 - 4th Avenue South City Of Federal Way Kent, WA 98032-5838 Mr George Cress Port of Longview Ms Kathleen Davis Arterial Improvement Program W3D07 TIB Project Number 8-1-106(027)-1 Ms Paula Hammond P E WSDOT Pacific Highway South(SR-99) Councdmember Neil McClure South 252nd St to South 272nd St City of Yakima Construction Phase Approval Mr Ock McKmiey City of Biniagham Mr Dave Nelson This is to confirm that the TIB has authorized the construction phase of this Grant County project effective March 2, 2005. Please sign the enclosed Fuel Tax Grant Mr Dave 0 Connell M son County Distribution Agreement and return the original to the TIB. Construction phase Commissioner Mike Shelton payments will be processed after an executed Fuel Tax Grant Distribution Island County Agreement is received by the TIB Mr David Stahleim City of Wenatchee Ms Heidisfamm Submit a TO Reimbursement Form to request payment for Incurred eligible HS Public Affairs project costs Reimbursements are processed electronically at Mr Steve Thomsen Snohomish County www.tib.wa.gov/services/reimbursementsireimbursements.htm. Mr Arnold Tomac Bicye/e ANrance of Wastungton For assistance with your project, contact Greg Armstrong, TIB Project Engineer, Mr Jay Weber at (360) 586-1142 or via e-mail at GregA@TIB.wa gov. aunty Road Administration Board Mr Theo Yu Office of Financial Management Ms Kim Zentz Spokane Transt Authonty Mr Stevan Gorcester Executive Director P O Box 40901 Olympia WA 96504-0901 Phone 360-586-114C Fax 360-596-1165 www Lb wa gov Investing in your local community Attachment 1 Urban Programs Project Description and List of Documents to be Attached to this Agreement for each Phase of the Project Project Information Lead Agency: City of Kent Project Number 8-1-106(027)-1 Project Title: Pacific Highway South(SR-99) Project Termini- South 252nd St to South 272nd St TIB funds for the project are as follows: Phase TIB Funds Design 0 Construction 2,754,279 Total Grant 2,754,279 Documents Required at Bid Award Phase O Bid Award Updated Cost Estimate Form O Bid Tabulations O Cost Change Justification Documents Required at Contract Completion Phase O Contract Completion Updated Cost Estimate Form O Final Summary of Quantities O Cost Change Justification O Project Accounting History Amendments to Agreement (if any) TIB Form 190-600 Rev 2/1412003 �� Washington State Transportation Improvement Board `VV Fuel Tax Grant Distribution Agreement LEAD AGENCY: City of Kent PROJECT NUMBER: 8-1-106(027)-1 PP.OJECT TITLE: Pacific Highway South(SR-99) PROJECT TERMINI: South 252nd St to South 272nd St 1.0 PURPOSE The Washington State Transportation Improvement Board (hereinafter referred to as "TIB") hereby grants funds for the project specified in the attached documents, and as may be subsequently amended, subject to the terms contained herein It is the intent of the parties, TIB and the grant recipient, that this Agreement shall govern the use and distribution of the grant funds through all phases of the project Accordingly, the project specific information shall be contained in the attachments hereto and Incorporated herein, as the project progresses through each phase. This Agreement, together with the attachments hereto, 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 supercedes all previous written or oral agreements between the parties. 2.0 PARTIES TO AGREEMENT The parties to this Agreement are TIB, or Its successor, and the grant recipient, or Its successor, as specified in the attachments 3.0 TERM OF AGREEMENT This Agreement shall be effective upon execution by TIB and shall continue through completion of each phase of the project, unless terminated sooner as provided herein. 4.0 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 personnel authorized to bind each of the parties 5 0 ASSIGNMENT The grant recipient shall not assign or transfer its rights, benefits, or obligations under this Agreement without the prior written consent of TIB The grant 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 grant recipient's other rights under this Agreement 6 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 TIB Form 190-500 Page 1 of 3 Rev 2/1412003 C`� Washington State Transportation Improvement Board Fuel Tax Grant Distribution Agreement 7 0 TERMINATION 71 UNILATERAL TERMINATION Either party may terminate this Agreement upon 30 days' prior written notice to the other party If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination 7.2 TERMINATION BY MUTUAL AGREEMENT Either party may terminate this contract in whole or in part, at any time, by mutual agreement with a 30 calendar day written notice from one party to the other 7 3 TERMINATION FOR CAUSE In the event TIB determines the grant recipient has failed to comply with the conditions of this Agreement in a timely manner, TO has the right to suspend or terminate this Agreement TIB shall notify the grant recipient in writing of the need to take corrective action If corrective action is not taken within 30 days, the Agreement may be terminated. TIB reserves the right to suspend all or part of the Agreement, withhold further payments, or prohibit the grant recipient from incurring additional obligations of funds during the investigation of the alleged compliance breach and pending corrective action by the grant recipient or a decision by TIB to terminate the Agreement The grant recipient shall be liable for damages as authorized by law including, but not limited to, repayment of misused grant funds The termination shall be deemed to be a Termination for Convenience if it is determined that the grant recipient, (1) was not at fault, or (2) failure to perform was outside of the grant recipient's control, fault or negligence The rights and remedies of TIB provided in this Agreement are not exclusive and are in addition to any other rights and remedies provided by law 7.4 TERMINATION FOR CONVENIENCE TIB may, by ten (10) days written notice, beginning on the second day after the mailing, terminate this Agreement, in whole or in part, because federal or state funds are no longer available for the purpose of meeting TIB's obligations, or for any reason If this Agreement is so terminated, TO shall be liable only for payment required under this Agreement for performance rendered or costs incurred prior to the effective date of termination 7 5 TERMINATION PROCEDURE Upon receipt of notice of termination, the grant recipient shall stop work and/or take such action as may be directed by TO TIB Form 190-500 Page 2 of 3 Rev 2/14/2003 • (s =1 Washington State Transportation Improvement Board Fuel Tax Grant Distribution Agreement 8 0 ATTACHMENTS Attachment 1 specifies the grant program applicable to this project, identifies the grant recipient, and contains the list of additional documents specific to the project which will be attached and Incorporated into this Agreement, together with subsequent amendments, as the project progresses through each phase of design and construction Approved as to Form This 14th Day of February, 2003 Rob McKenna Attorney General By: Signature on file Robert J Fallis Assistant Attorney General Lead Agency Transportation Improvement Board QO � -z ZZ,"4 -off" ----5�/�J�z�,as" nature of Chai an/ or Date Executive Director Date cJ IM In , Mayo& Stevan Gorcester Print Name Print Name TIB Form 190-500 Page 3 of 3 Rev 2/14/2003