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Home My WebLink AboutPW05-429 - Original - Transportation Improvement Board - East Valley Highway - 07/12/2005 Records Ma agement. KENT -- _ Document WASHINGTON 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: etoos--g11 This is assigned by Mary Simmons Vendor Number: Project Name: East Valley Highway Contract Effective Date: July 12, 2005 Contract Termination Date: Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Mark Howlett Department: Engineering Abstract: Pedestrian Safety and Mobility Program grant - desian and construction phase approval. ADCL7832 07102 tpin'61ons Washington State x 9 ' Transportation Improvement Board 0 00 rel°n Imy<o�p6 Transmittal Letter TO Members May 13, 2005 Councilmember William Conley Chair,City of Battle Ground Commissioner Leo Bowman Mr Larry Blanchard, P. E. Vice Chair,Benton County Public Works Director Mr JohCity of City of Kent Gtyty of Ellensburur g ouncilmember Jeanne Burbidge 220 - 4th Avenue South City of Federal Way Kent, WA 98032-5838 Mr George Cress Port of Longview Ms Kathleen Davis Pedestrian Safety and Mobility Program WSDOT TIB Project Number P-P-106(P02)-1 Councilmember Pielrcce County e East Valley Hwy (84th Ave S) Ms Paula Hammond,P E SR 167 to S 212th St WSDOT Design and Construction Phase Approval Councilmember Neil McClure City of Yakima Mr Dick McKinley This is to confirm that the TIB has authorized the design and construction City of 6alhngham Mr Dave Nelson phases of this project effective May 13, 2005 Please sign the enclosed Fuel Tax Grant County Grant Distribution Agreement and return the original to the TIB After completion Mr Dave 0Connell of the project design, send a half-size set of plans, specifications and the final Mason County CommiasionaMasonr Mike County engineer's estimate to your TIB project engineer You will receive approval to elton Island County advertise the contract after TIB staff has reviewed the plans and contract Mr DavidStahleim documentation. City of Wenatchee HS Public Stamm Reimbursement requests will be processed after an executed Fuel Tax Grant Mr Steve Thomsen Distribution Agreement is received by the TIB You may request reimbursement Snohomish County from TIB beginning May 13, 2005. Mr Arnold Tomac Bicycle Ahance of Wasmngfon Mr Jay Weber Future Requirements inty Road Administration Board 1 In accordance with TIB Guidelines, complete an Updated Cost Estimate Mr Theo Yu (UCE) form after bid opening and prior to agency award of the contract )(five of Financial M1Aanaoement Ms Kim Zentz Contact your TIB project engineer to request the form After receiving the Spokane Transit Authority completed UCE form, your project engineer will give approval to award the contract. 2. Submit a TIB Reimbursement Form to request payment for incurred eligible project costs. Reimbursements are processed electronically at Mr Stevan Di,eter Executiveve Oneclor www.tib.wa.gov/services/reimbursements/reimbursements.htm. P O Box 40901 Olympia WA 9 8 5 04-0901 For assistance with your project, contact Greg Armstrong, TIB Project Engineer, Phone 360-586-1140 Fax 360-585 1165 at (360) 586-1142 or via e-mail at GregA@TIB wa.gov. wvvw till we gov Investing in your local community Attachment 1 Pedestrian Safety and Mobility Program Project Description and List of Documents to be Attached to Agreement at each Phase of the Project Project Information Lead Agency City of Kent Project Number P-P-106(P02)-1 Project Title East Valley Hwy (84th Ave S) Project Termini SR 167 to S 212th St TIB funds for the project are as follows: Phase TIB Funds Design 18,000 Construction 132,000 I Total Grant 150,000 Documents Required Prior to Advertising O Plans and Specifications package O Final Engineer's Estimate 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 Quantities and Ledger O Cost change justification Amendments to Agreement (if any) TIB Form 190-605 Rev 211412003 Washington State Transportation Improvement Board Fuel Tax Grant Distribution Agreement LEAD AGENCY: City of Kent PROJECT NUMBER: P-P-106(P02)-1 PROJECT TITLE: East Valley Hwy (84th Ave S) PROJECT TERMINI: SR 167 to S 212th 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 2/14/2003 Washington State Transportation Improvement Board T 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 TO determines the grant recipient has faded 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 TO 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 TO 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 74 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, 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 Forth 190-500 Page 2 of 3 Rev 2/14/2003 � \ , 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 /1,nafufe o Charm n/ ayor Date Executive Director / Date 1) Stevan Gorcestear Print Name Print Name TIB Form 190-500 Page 3 of 3 Rev.2/14/2003 KENT w A s H I N G T O N July 20, 2005 Greg Armstrong Transportation Improvement Board P O. Box 40901 Olympia WA 98504 - 0901 RE: City of Kent—East Valley Highway(841h Ave S) Project SR 167 to S 212`h Street TIB Project No. P-P-106(P02)-1 Dear Greg, Attached please find a signed Fuel Tax Grant Distribution Agreement for the above-referenced project Should you have any additional questions or comments, please call me at 253-856-5523. Sincerely, Mark Howlett,P E Engineering Supervisor CC Gary Gill