HomeMy WebLinkAboutPW14-030 - Original - WA State Transportation Improvement Board - Fuel Tax Grant Agreement - 01/21/2014 n
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W ASHINGTON 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 Clerk's Office.
Vendor Name: Washington State Transportation Improvement Board (TIB)
Vendor Number:
JD Edwards Number
Contract Number: 9 W - 19 ® �)C
This is assigned by City Clerk's Office
Project Name: Agreement between TIB & City of Kent for S 224th Street, 88" AV S to
94th Av S TIB Grants Funds in the amount of $5,000,000.
Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ❑ Contract
® Other: Grant Agreement
Contract Effective Date: January 21, 2014 Termination Date:
Contract Renewal Notice (Days): N/A
Number of days required notice for termination or renewal or amendment
Contract Manager: Ken Lanholz Department: Public Works Design
Detail: (i.e. address, location, parcel number, tax id, etc.):
The term of agreement is though closeout of the grant or until terminated as provided -
not to exceed 10 yrs unless amended by the Parties. Combine Phase 1 and Phase 2 of the
South 224 th Street, 88 1h Ave S to 94 In Ave S TIB Project number 8-1-106(031)-1.
S:Publ is\RecordsManage ment\Forms\ContractCover\adcc7832 1 11/08
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TIB members November 25, 2013
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Naaone Bn,bd,, V.Cl Mr. Tim LaPorte, P.E.
<�ofrzdemlw Public Works Director '
mA1.0 City of Kent
m`;°°"inikbr°Berne°` 220 - 4th Avenue South
" P06, Kent, WA98032-5838
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Dear Mr. LaPorte:
parhlaen Oa�le
wsOO, Congratulations! We are pleased to announce the selection of your project, S 224th Street,
Marl,rrel„ese�.p.E. 88th Ave S to 94th Ave S, TIB project number 8-1-106(031)-1.
Cis,ofsedro-4Voolley
"A.", r„F Total TIB funds for this project are $5,000,000.
"Y'flnr"ler
Coucalin,eml,er R.E.Bob Olson Your request for a sidewalk deviation for the project was approved.
ta,of Kannew,ok q P 1 PP
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<I1y,fs°,n,:",n�h Before any work is allowed on this project, you must:
Held =,amm • Verify the information on the Project Funding Status Form, revise if necessary, and
HS Pnbl,u Affn,,, sign.
oz° lss"Ce1"""a'dSfive"` • Sign both copies of the Fuel Tax Grant Distribution Agreement; and
d-angpx„ • Return the above items to TIB.
K:"v<oonCV Metro Trorvlt
,"„pVod"Plc„ You may only incur reimburseable expenses after you receive approval from TIB.
Ono/Bonney Lpke
,aw"l,er In accordance with RCW 47.26.84, you must certify full funding by November 22, 2014 or
On P°"rd the grant may be terminated. Grants may also be rescinded due to unreasonable project
Rz1phb9eSEh E.
`p delay as described in WAC 479-05-211.
Blade Alliance of wazhln E
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Snohor"Mi If you have questions, please contact Greg Armstrong, TIB Project Engineer, at
(360) 586-1142 or e-mail GregA@tib.wa.gov.
Sin
Steean E.Gnrcedsi
&erurAe t?irenor
P.o.8"x40101.
01'm'la,WA 9558a-09O1
Phoon:3ro-586-1190
rax:36U-586-1165
J,r,wl6.zgp, Stevan Gorcester
Executive Director
Enclosures
investing In your local community
4140)
Washington State Transportation Improvement Board 8-1-106(031)-1
Fuel Tax Grant Agreement
City of Kent
8-1-106(031)-1
S 224th Street
88th Ave S to 94th Ave S
STATE OF WASHINGTON
TRANSPORTATION IMPROVEMENT BOARD
AND
City of Kent
AGREEMENT
THIS GRANT AGREEMENT (hereinafter "Agreement") for the S 224th Street, 88th Ave S to
94th Ave 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.
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
often as the RECIPIENT deems necessary, but shall be submitted at least quarterly if billable
Fuel Tax Agreement Page 1 of Novemba 2012
Washington State Transportation Improvement Board 8-1-106(031)-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 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 TO 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 8-1-106(031)-1
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
TO 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 TIB funds
for the specific project. Requests must be made in writing and will be considered by TO 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
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 8-1-106(031)-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 8-1-106(031)-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
„" k/e." ter.^✓""'.4.y. �..�'1�4_.... -�}/
/,8igngtur" Chairman/Mayor ,]Data, - Executive Director Date
/ Print Name Print Name
Fuel Tax Agreement Page 5 of 5 November 2012
Transportation Improvement Board
Proj
eC1FnTlJillg Status
Agency: KENT T|B Project Number: 8'1-10G(031 \~1
Project Name: S 224th Street
88th Ave Sto84th Ave S
Verify the information below and revise ifnecessary.
Return to:
Transportation Improvement Board
PO Box 4O9O1
Olympia, VYAAO5O4^OQO1
PROJECT SCHEDULE
es
Construction Approval Date Jan 2015
Contract Bid Award Feb 2015
Contract Completion Jan 2016
PROJECT FUNDING PARTNERS
List additional funding t d amount.
Storm Drainage Fund 2,500,000
Signatures are required from two different agency officials. Return the originally
signed form tn the T|Boffice,
( ~�yq.r". Public Works Director
Printed or Typed Name Title
Finnn�| n*�o,
KE O T
WASHINGTGN
Agenda Item: Consent Calendar - 7I
TO: City Council
DATE: January 21, 2014
SUBJECT: Washington State Transportation Improvement Board (TIB) Grant for
South 224th Street Improvement, Phase 2 - Accept
MOTION: Authorize the Mayor to accept a grant from the Washington State
Transportation Improvement Board for Phase 2 of the South 224th Street
Improvement Project and sign a letter to the TIB requesting to combine
Phases 1 and 2 into one project, amend the budget and authorize
expenditure of the funds in accordance with the terms and conditions of the ;
grant, subject to final terms and conditions acceptable to the City Attorney
and Public Works Director.
SUMMARY: For the second year in a row the Public Works Department competed for
and was successful in receiving a $5,000,000 grant from the Washington State
Transportation Improvement Board for the City's South 224th Street Improvement
Project. This year's award is for Phase 2 of the project, which will construct a 3-lane
roadway between 88th Avenue South and 94th Place South, and a new bridge over
Garrison Creek Last year the City received $5,000,000 for Phase 1 of this project,
which will connect the east and west sides of SR 167 with a new bridge.
The future Phase 3 of the project will complete the 3 lane roadway up to the Benson
Highway. This new roadway will be roughly 1.8 miles long, and will include curbs,
gutters and sidewalks, 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.
It is being requested that the TIB combine Phases 1 and 2 into a single project for
more efficient and cost effective project administration, design and construction.
EXHIBITS: Map
RECOMMENDED BY: Public Works Committee
YEA: Ralph, Sharp, Higgins NAY:
BUDGET IMPACTS: The City's matching share for this grant will be paid out of Local
Improvement District No. 363 payments and storm drainage funds. We also anticipate
utilizing B&O funds as needed for pavement replacement and Transportation Impact
fees as they become available following the SE 256th Street project.
REQUEST FOR MAYOR'S SIGNATURE
T Please Fill in All Applicable Boxes
Reviewed by Director
Originator's Name: Cheryl Viseth Dept/Div. PW Eng. Extension: 5504
Date Sent: January 30, 2014 Date Required: February 7, 2014
Return to. Cheryl Viseth ? CONTRACT TERMINATION DATE: N/A
VENDOR: WA State Transportation DATE OF COUNCIL APPROVAL: January 21,
Improvement Board (TIB) 2014
ATTACH THE COUNCIL MOTION SHEET FOR THE MAYOR - if applicable
Brief Explanation of Document:
Washington State Transportation Improvement Board (TIB) Fuel Tax Grant Agreement
The S 224th Street, 88th Ave S to 94"' Ave S Project was selected for a TIB grant in the
amount of $5,000,000. We requested a sidewalk deviation for the project which was
approved, This project is for Phase 2 which will include construction of a 3-lane roadway
between 88th Av S & 94th PI S, and a new bridge over Garrison Creek.
All Contracts Must Be Routed Through The Law Department
' e
�T s,ujj bqt ! pleted by the Law Department)
� k ,
II Received:
�flr
Approval of Law Dept.:
8
Law Dept_ Comments: �T i
: �
EK
E P ,
n
Date Forwarded to Mayor.
Shaded Areas To Be Completed By Administration Staff
Received.:
Recommendations and Comments;
p r, �,°,�� � ' = FEB j 201
Disposition- �r�
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�� ''��`„"�`- t��' t'�r ''� gx t"i.
Date Returned: sfi i ? t t' ii 4`' MY OF
CITY CLERBC
REQUEST FOR MAYOR'S SIGNATURE
KENT Please Fill in All Applicable Boxes
WASH IN GTON
Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT)
Originator. Phone (Originator) '554$
Date Sent- 2.271. Date Required: 3,13 .i+
Return Signed Document to: CONTRACT TERMINATION DATE:
VENDOR NAME: DATE OF COUNCIL APPROVAL:
Briet Explanation of Document-
-TICS is ♦NOW(, SIGN ,� I.oQK
i�LoTmt ion*Ab s "44A
Contracts Must Be Routed Through the Law Department
27
ZU 14 (This Area to be Completed By the Law Department)
Received
FEB RECEIVE
vaf o�LaTe t ���'T.
Appro p MAR — 6 2014
' Law Dept. Comments-
CITY OF KENT `
CITY CLERK
Date Forwarded to Mayor 3
Shaded Areas to Be Completed by Administration Staff
Received.
Recommendations & Comments: 8 �1"
I 1t3� �C
Disposition:
Date Returned:
Iage5870 • 3/05
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