HomeMy WebLinkAboutGRA2019-005 - Original - South 228th St UPRR Grade Separation KE
...1-OTTRecords Management Document
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CONTRACT COVER SHEET
This is to be completed by the Contract Manager prior to submission
to the City Clerk's Office. All portions are to be completed.
If you have questions, please contact the City Clerk's Office at 253-856-5725.
Vendor Name: Washington State Transporation Improvement Board
Vendor Number (]DE):
Contract Number (City Clerk):
Category: _Grant Related Agreement (Non-Real Property)
Sub-Category (if applicable): None
Project Name: S 228th St UP Grade Separation Project
date signed by M tzsjm Date of complet
Contract Execution Date: Termination Date:
Mark Madfai PW: Engineering
Contract Manager: Department:
Contract Amount: $3.5 Million
Budgeted: 0✓ Grant?
Part of NEW Budget: ❑' Local: F] State: 0 Federal:
Related to a New Position: ❑
Basis for Selection of Contractor? Other
Approval Authority: ❑ Director 0 Mayor City Council
Other Details: WA State TIB Fuel Grant Agreement for the S 228th St UP Grade
Separation Project in the amount of $3.5 million
Washington State Transportation Improvement Board 8-1-106(032)-1
Fuel Tax Grant Agreement
Citv of Kent
8-1-106 032', -1
S 228th Street Railroad Grade Separation
72nd Ave to 76th Ave
STATE OF WASHINGTON
TRANSPORTATION IMPROVEMENT BOARD
AND
City of Kent
AGREEMENT
THIS GRANT AGREEMENT (hereinafter "Agreement") for the S 228th Street Railroad Grade
Separation, 72nd Ave to 76th Ave (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$3,500,000 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
0 Project Accounting History
4.0 BILLING AND PAYMENT
Fuel Tax Agreement Page 1 of 5 November 2012
Washington State Transportation Improvement Board 8-1-106(032)-1
Fuel Tax Grant Agreement
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
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 TIB 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
Fuel Tax Agreement Page 2 of 5 November 2012
Washmgton State Transportation Improvement Board B-1-106(032)-1
Fuel Tax Grant Agreement
RECIPIENT may be considered in default if TIB determines, in its sole discretion, that:
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
TIB 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 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
in a manner that maintains the original ratio between TIB funds and total project costs.
Fuel Tax Agreement Page 3 of 5 November 2012
tVPWashington State Transportation Improvement Board 8-1-106(032)-i
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(032)-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
Gu-.---...Bowman_. .- -.... .. ........
y
Assistant Attorney General
Lead Agency Transportation Improvement Board
�.
CtW:S.E=xeea# Cer Date Executive Director Date
Pnrt Name _...__ _......__ ....-_
Pnnl Name
Fuel Tax Agreement Page 5 of 5 November 2012
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W ns NirvIT
DATE: January 15, 2019
TO: Kent City Council
SUBJECT: South 228th Street Corridor Washington State
Transportation Improvement Board Grant - Authorize
-_ ._...._..m......._ —_. __.._... ......
MOTION: Authorize the Mayor to sign the Washington State
Transportation Improvement Board Fuel Tax Grant Agreement and any
other necessary documents, amend the budget, and authorize the
expenditure of the funds in accordance with the grant terms and
conditions for the South 228th Street Union Pacific Grade Separation
Project in the amount of $3.5 million dollars, subject to final terms and
conditions acceptable to the City Attorney and Public Works Director.
SUMMARY: The City applied for a grant through the Transportation Improvement
Board (TIB) in August of 2018 for the South 2281h Street UPRR Grade Separation
Project. The City was notified of the grant award in November 2018. In Previous
years the TIB had a policy of not granting funds to Grade Separation Projects as
their position was that grant agencies more aligned to freight projects should be
funding them. These policies have recently changed and in recent meetings with
the TIB it became apparent that they would consider grade separation projects as
part of their evaluation process for determining grants.
BUDGET IMPACT: Addition of $3.5 million to project budget,
SUPPORTS STRATEGIC PLAN GOAL:
Thriving City, Evolving Infrastructure
ATTACHMENTS:
1. Washington State Transportation Improvement Board Fuel Tax Grant
Agreement (PDF)
Public Works Committee Completed 01/07/2019 4:00 PM
City Council Meeting Pending 01/15/2019 7:00 PM
01/07/19 Public Works Committee RECOMMENDED TO
COUNCIL
Packet Pg. 179