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HomeMy WebLinkAboutPW13-160 - Original - Washington State Department of Transportation Improvement Board - Fuel Tax Grant 2. 224th - 4/22/2013 UWashington State Transportation Improvement Board 9-P-106(010)-1 Fuel Tax Grant Agreement City of Kent 9-P-106(0101-1 S 224th Street 84th Avenue S to 88th Avenue S STATE OF WASHINGTON TRANSPORTATION IMPROVEMENT BOARD AND City of Kent AGREEMENT THIS GRANT AGREEMENT (hereinafter"Agreement")for the S 224th Street, 84th Avenue S to 88th Avenue S (hereinafter "Project") is entered into by the WASHINGTON STATE TRANSPORTATION IMPROVEMENT BOARD (hereinafter "TIB") and City of Kent, a political subdivision of the State of Washington (hereinafter "RECIPIENT"). 1.0 PURPOSE TIB hereby grants funds in the amount of$5,000,000 for the project specified above, 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. l 2.0 SCOPE AND BUDGET The Project Scope and Budget are initially described in RECIPIENT' 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 often as the RECIPIENT deems necessary, but shall be submitted at least quarterly if billable Fuel Tax Agreement Page I of 5 November 2012 Washington State Transportation Improvement Board 9-P-106(010)-1 Fuel Tax Grant Agreement 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 TO 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 TO 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, TO 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) TO 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 9-P-106(010)-1 Fuel Tax Grant Agreement a) RECIPIENT is not making reasonable progress toward correction and compliance. b) TO 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 Protect 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, TO 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 TO 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 TO 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 costs incurred in excess of the grant amount 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 I in a manner that maintains the original ratio between TIB funds and total project costs. Fuel Tax Agreement Page 3 of 5 November 2012 Washington State Transportation Improvement Board 9-P-106(010)-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 November2012 OC(D44., Washington State Transportation Improvement Board 9-P-106(010)-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 - <Z' -'-7��' ,, /"� /` ':� 3 n e o Chairman/ ayor Da Executive Director Date �JtL�fl� �QTlfi Print Name Print Name Fuel Tax Agreement Page 5 of 5 November 2012 Transportation Improvement Board Project Funding Status Form Agency KENT TIB Project Number 9-P-106(010)-1 Project Name S 224th Street 84th Avenue S to 88th Avenue S Verify the information below and revise if necessary. Return to- Transportation Improvement Board PO Box 40901 Olympia,WA 98504-0901 PROJECT SCHEDULE #_ „ w GNP W, g�Taie;,Dates a` i�ru�' #a:. ,..,.Y to �54 i .r a'mol-„,n^ '. -0 _ Si Construction Approval Date I Contract Bid Award Contract Completion PROJECT FUNDING PARTNERS List additional funding partners and amount 4s�r 'i*..'' "i' t2 nB i1_ *' ` ,'> un ," o, R �d Fund n n 4 -V-zY*"2'*.PG'din.-x:�'�. KENT 0 WSDOT 0 Federal Funds 0 Local Improvement District 9,246,761 TOTAL LOCAL FUNDS 9,246,761 Signatures are required from two different agency officials. Return the originally signed form to the TIB office �I Mayor or Public Works Director Sign ato Date >�e G�oal,� ynrayo.� Printed or Typed Name Title Financial Officer Signature Date Printed or Typed Name Title i TIB Project Funding Status Form • KE I TT Agenda Item: Consent Calendar - 7G NaSNION TO: City Council DATE: April 16, 2013 SUBJECT: Washington State Transportation Improvement Board Agreement, SE 224th Street Improvements - Authorize MOTION: Authorize the Mayor to sign an agreement with the Washington State Transportation Improvement Board for Phase 1 of the South 224th Street Improvement Project, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The Public Works Department was awarded a $5,000,000 grant from the Washington State Transportation Improvement Board for Phase 1 of the City's S. 224th Improvement Project. Phase 1 of this project will construct a three-lane roadway between East Valley Highway and SR 167, a new bridge over State Route 167 and the connection to 88th Avenue S. The remaining phase(s) of the project will complete the three-lane roadway up to the Benson Highway. This new roadway will be roughly 1.8 miles long, and will include curbs, gutters and sidewalks on both sides of the street, a two-way left turn lane, planted center medians where possible, roadside planter strips, street lighting, undergrounding of overhead electrical facilities and storm water management facilities. This grant coupled with the passage of the Local Improvement District 363 final assessment roll provides nearly $16,000,000 in funding for this first phase of the project. EXHIBITS: Washington State Transportation Improvement Board Fuel Tax Grant Agreement RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: The City's matching share for this grant will be paid out of Local Improvement District 363 funds. REQUEST FOR MAYOR'S SIGN E T Please Fill in All Applicable e KEN _ CReviewed by Director Originator's Name:06 r �i 1 Dept/Div. 1?W rr, , Extension: Eic Date Sent: ( ! o Date Re uired: 'Zo Return to:Li CONTRACT TER I ATION DATE:�s4-+a 14 >rs VENDOR:S o�P\,,JA TI DATE OF COUNCIL APPROVAL: q 2�1 ATTACH THE COUNCIL MOTION SHEET FOR THE MAYOR - if applicable Brief Explanation of Document: g TlV S 1 Ca J h rJ , (boo i O OO All Contracts Must Be Routed Through The Law Department (This area to be completed by the Law Department) Received: Approval of Law Dept.: � � � BWEOLVED Law Dept. Comments: AIR APR 2 2 2013 City of Kent Date Forwarded to Mayor: Shaded Areas To Be Completed By Administration Staff Received: Recommendations and Comments: RECEIVED Disposition: T���/� �41����j � APR 2 2 2013 O CITY OF K N Date Returned: CITY /CLERK _..4