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HomeMy WebLinkAboutPW05-414 - Original - Transportation Improvement Board - Fuel Tax Grant Construction Phase Approval - 12/20/2005 Records Ma,'naern-g' �eKT W s„1NGTOM -.dimDocument 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 Mary Simmons, City Clerks Office. Vendor Name: Transportation Improvement Board Contract Number: Nov- qlq This is assigned by Mary Simmons Vendor Number: Project Name: S. 228th St. - 54th Ave. S. to SR-516 Contract Effective Date: January 18, 2006 Contract Termination Date: Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Chad Bieren Department: Engineering Abstract: Fuel Tax Grant Distribution Agreement for one of the phases of the proiect. ADCL7832 07/02 Washington State ' V Transportation Improvement Board CITY OF KE �NM ImVr^AF Transmittal Letter ,11- 2 7 2005 TO Members December 20, 2005 ENGINEERING DEPT Comnssioner Leo Bowman Chair Benton County Counonmember Jeanne Burodge Mr. Larry Blanchard, P. E. Vice Chair City of Federal Way Acting Public Works Director Mr John Akers P E City of Kent City of Ellensburg Mr George Cress 220 - 4th Avenue South Port of Longview Kent, WA 98032-5838 Ms Kathleen Davis WSDOT Councllmil Wir a,Ganley Transportation Improvement Program City of Battle Ground TO Project Number 9-P-106(008)-6 Councnmemoer Calvin Goings South 228th St PieiCe County Ms Paula Hammond PE 54th Ave S to SR 516 (Kent-Des Moines Rd) WSDOT Construction Phase Approval Councnmember Neil McClure City of Yakima Mr DickMCKnley This is to confirm that the TIB has authorized the construction phase of this City of Bellingham project effective December 20, 2005. Please sign the enclosed Fuel Tax Grant Mr Dave Nelson Grant County Distribution Agreement and return the original to the TIB. Construction phase Commissioner Greg Parton payments will be processed after an executed Fuel Tax Grant Distribution Whitman County Agreement is received by the TIB. You may request reimbursement from TIB Mr DaveO Connell Mason County beginning December 20, 2006. Mrs Robin Retlew Office of Financial Maragement Submit a TIB Reimbursement Form to request payment for eligible project costs. Mr David Wenatchee a nlelm City of Wenhee Failure to submit timely progress billings may result in delayed payments or the Ms iStamm establishment of a payment schedule. Reimbursements are processed HS Public Affairs electronically at Mr Harold Taniguchi King County Metro Transit www.tib.wa.gov/services/reimbursements/reimbursements.htm. Mr Steve Tnomsen Snohomish County For assistance with our project, contact Greg Armstrong, TO Project Engineer, Y P 1 9 9 1 9 M of mold omac Bicycle Alliancee of Wasni at (360) 586-1142 or via e-mail at GregA@TIB.wa gov. Mr Jay Weber County Road Admrmstration Board Mr Slevan Gorcester Executive Director P 0 Box 40901 Olympia WA 98504 0901 Phone 360-5661140 Fax 360-586-1165 wvrw tib via 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 9-P-106(008)-6 Project Title: South 228th St Project Termini: 54th Ave S to SR 516 (Kent-Des Moines Rd) TIB funds for the project are as follows: Phase TO Funds Design 0 Construction 278,508 Total Grant 278,508 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 Forth 190-600 Rev 2/14/2003 WWWashington State Transportation Improvement Board Fuel Tax Grant Distribution Agreement LEAD AGENCY: City of Kent PROJECT NUMBER: 9-P-106(008)-6 PROJECT TITLE: South 228th St PROJECT TERMINI: 54th Ave S to SR 516 (Kent-Des Moines Rd) 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. 40 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 Forth 190-500 Page 1 of 3 Rev 2/14/2003 Washington State Transportation Improvement Board Fuel Tax Grant Distribution Agreement 7.0 TERMINATION 7.1 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, TIB 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 TO 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 TIB. TO Form 190-500 Page 2 of 3 Rev 2/14/2003 Washington State Transportation Improvement Board Fuel Tax Grant Distribution Agreement 8.0 AVAILABILITY OF TO FUNDS The availability of Transportation Improvement Board funds is a function of Motor Vehicle Fuel Tax collections and existing contractual obligations. The local agency shall submit timely progress billings as project costs are incurred to enable accurate budgeting and fund management Failure to submit timely progress billings may result in delayed payments or the establishment of a payment schedule 9.0 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 Elizabeth Lagerberg Assistant Attorney General Lead Agency 7 Transportation Improvement Board 12, ex i at of Chairman/Mayor at Executive Director ate uzette Cooke Stevan Gorcester Print Name Print Name TIB Form 190-500 Page 3 of 3 Rev 2/14/2003 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: 9-P-106(008)-6 Project Title: South 228th St Project Termini: 54th Ave S to SR 516 (Kent-Des Moines Rd) TIB funds for the project are as follows: Phase TIB Funds Design 0 Construction 278,508 Total Grant 278,508 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) T18 Form 190-600 Rev 2/14/2003 ����—\ Washington State Transportation Improvement Board A " 'l Fuel Tax Grant Distribution Agreement 7.0 TERMINATION 7.1 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 TO 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 TO 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, TIB 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 TIB. TIB Form 190-500 Page 2 of 3 Rev 2/14/2003 Washington State Transportation Improvement Board Fuel Tax Grant Distribution Agreement 10 AVAILABILITY OF TIB FUNDS The availability of Transportation Improvement Board funds is a function of Motor Vehicle Fuel Tax collections and existing contractual obligations. The local agency shall submit timely progress billings as project costs are incurred to enable accurate budgeting and fund management Failure to submit timely progress billings may result in delayed payments or the establishment of a payment schedule 9.0 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 Elizabeth Lagerberg Assistant Attorney General Lead Agency Transportation Improvement Board S!zette n a of Chairman/Mayor D e Executive Director to Cooke Stevan Gorcester Print Name Print Name TIB Form 190-500 Page 3 of 3 Rev 2/14/2003