Loading...
HomeMy WebLinkAboutGRA2019-014 - Original - WA State Transportation Improvement Board - Complete Streets: Meet Me On Meeker - 04/19/2019 �.fENT Records Management Document 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: WA State Transportation Improvement Board 54464 Vendor Number (JDE): Contract Number (City Clerk): & 0 d�� Category: -Grant Related Agreement (Non-Real Property) Sub-Category (if applicable): None Project Name: Complete Streets - Meet Me On Meeker Date signed by M March 31 , 2022 Contract Execution Date: Termination Date: Ken Langolz PW: Engineering Contract Manager: Department: Contract Amount: $2501000.00 Budgeted: Grant? Part of NEW Budget: Local: ❑ State: ❑✓ Federal: Related to a New Position: 1:1 Notice required prior to public disclosure? Basis for Selection of Contractor? Other Approval Authority: ❑ Director P( Mayor City Council Other Details: Install a Promenande designed to Meet Me on Meeker Standards, between Meeker and the Marquee on Meeker development mid-block crossing. Raised Islands - Install raised islands on Meeker St - each side of the existing mid-block. ��p*<ntten 8� e Washington State Transportation Improvement Board � a Q, fi e 7syen 1mP�°�R TIB Members April 26, 2019 Chair c°J/( //y�V ncMayor Glenn Johnson 4,/ City of Pullman Mr. Tim LaPorte, P.E. ElvT Vice Chair Public Works Director ZD Commissioner Richard Stevens , Grant County City of Kent ENG�i�,EFR,�fr� Amy Asher 220 4th Avenue South 'EI R711Z11T RiverCities Transit Kent, WA 98032-5838 Alyssa Ball Office of Financial Management `l/ Aaron Butters,P.E. Dear Mr/L�Porte. HW Lochner Inc. Barbara Chamberlain We are returning a fully executed copy of the grant agreement for your Complete WSDOT Streets Award project, TIB # C-P-106(002)-1. Elizabeth Chamberlain City of Walla Walla You may now incur eligible costs as designated in your approved work plan. MikCityof Sumner Unlike our other programs, for this award you will not need to request City of Sumner Sue Dreier reimbursement online. TIB will release funds without a payment request. Please Pierce Transit work with your finance officer to ensure they are ready to receive the entire John Klekotka,P.E. award amount when funds become available. Port of Everett Commissioner Robert Koch We are happy to assist you with any questions. You can contact Greg Franklin County Armstrong, TIB Project Engineer, at (360) 586-1142 or via e-mail at John Koster GregA@TIB.wa.gov. County Road Administration Board Colleen Kuhn Human Services Council Sincerely, Mark Kulaas Douglas County Mayor Ron Lucas Town of Steilacoom Mick Matheson,P.E. Ashley P art City of Mukilteo Executive Director David Ramsay Feet First Steve Roark,P.E. Enclosure WSDOT Councilmember Mike Todd City of Mill Creek Jennifer Walker Thurston County Ashley Probart Executive Director P.O.Box 40901 Olympia,WA 98504-0901 Phone:360-586-1140 Fax:360-586-1165 www.tib.wa.gov Investing in your local community J&1",1)� Washington State Transportation Improvement Board C-P-106(002)-1 . 15 Complete Streets Award Grant Agreement p City of Kent YFcc C-P-106(002)-1 404) C111 Complete Streets Award STATE OF WASHINGTON TRANSPORTATION IMPROVEMENT BOARD AND CITY OF KENT GRANT AGREEMENT THIS GRANT AGREEMENT ("Agreement") is made and entered into between the WASHINGTON STATE TRANSPORTATION IMPROVEMENT BOARD ("TIB") and the CITY OF KENT, a Washington state municipal corporation ("RECIPIENT"). WHEREAS, the TIB has developed a grant program, Complete Streets, to provide for the retrofit of streets and roads ("Project") for eligible cities, towns, and counties to provide access to all users, including bicyclists, pedestrians, motorists, and public transportation riders, and WHEREAS, the above-identified RECIPIENT is eligible to receive a Project grant pursuant to ordinance 4207 and that it has the legal authority to receive such grant and to perform the Project pursuant to the terms of this grant NOW, THEREFORE, pursuant to chapter 47.26 RCW, RCW 47.04.320, and WAC 479-10-500 et seq, the above recitals that are incorporated herein as if fully set forth below, and in consideration of the terms, conditions, and performances contained herein, and the attached Exhibits, if any, which are made a part hereof, IT IS MUTUALLY AGREED AS FOLLOWS: 1. GRANT TIB agrees to grant funds in the amount of TWO HUNDRED FIFTY THOUSAND AND NO/100 dollars ($250,000) for the Project pursuant to the terms contained herein, and the RECIPIENT agrees to accept such grant funds and agrees to perform and be subject to the terms and conditions of this Agreement. 2. PROJECT AND BUDGET The Project shall provide for the retrofit of identified streets or roads on the RECIPIENT'S approved work plan. In accordance with applicable laws and ordinances, the RECIPIENT agrees to enter into an agreement with an independent contractor and/or material providers, or otherwise provide for the Project work plan to be completed by the RECIPIENT's own forces. The RECIPIENT further agrees that it shall be solely responsible for and shall pay its independent contractor and/or material providers. If RECIPIENT uses its own forces, it shall be solely responsible for paying the costs thereof. Under no circumstances shall the TIB be responsible to any third party for the payment of labor or materials used in completing the Project work plan. The Project work plan may be amended by the Parties, pursuant to Section 7. 3. PROJECT WORK PLAN AND DOCUMENTATION Complete Streets Grant Agreement Page 1 of 5 December 2016 Washington State Transportation Improvement Board C-P-106(002)-1 Complete Streets Award Grant Agreement The RECIPIENT agrees to and shall make reasonable progress and submit timely Project documentation, as applicable, throughout the term of this Agreement and Project. Required documents include, but are not limited to the following: a) Project work plan describing eligible items with estimated costs; b) Documentation to support all costs expended on the Project work plan; and b) Project work plan Closeout Form. 4. PAYMENT AND RETURN OF GRANT FUNDS TIB will pay the full grant award to the RECIPIENT after TIB approves the Project work plan and the Parties fully execute this Agreement; provided that there are legislatively appropriated funds available. The RECIPIENT agrees that it shall hold the grant funds in a separate and identifiable account and only use said funds to pay the actual direct and related indirect costs of the approved Project work plan. Grant funds not expended on approved Project work plan items within three years of the date of TIB's Grant approval shall be returned to TIB within ninety (90) days after receipt of TIB's written notification. 5. USE OF COMPLETE STREETS GRANT FUNDS RECIPIENT agrees that the grant funds shall only be used to complete the approved Project work plan. Otherwise, RECIPIENT is subject to the Default and Termination provisions of Section 9. 6. RECORDS MAINTENANCE 6.1 The RECIPIENT shall maintain books, records, documents, data and other evidence relating to this Agreement and performance of the Project work plan, including but not limited to accounting procedures and practices which sufficiently and properly reflect all actual direct and related indirect costs of any nature expended in the performance of this Agreement. RECIPIENT shall retain such records for a period of six years after the completion of the Project work plan and TIB's acceptance of the Project work plan Closeout Form. At no cost to TIB, these records shall be provided when requested; including materials generated under the Agreement, and shall be subject at all reasonable times to inspection, review or audit by TIB personnel, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement. 6.2 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. 7. REVISIONS TO THE PROJECT WORK PLAN RECIPIENT may request revisions to the Project work plan, including the addition or removal of items. Requests must be made in writing, and TIB, in its sole discretion, will determine whether to accept the proposed revisions. Should the TIB approve a Project work plan revision, the Parties shall amend this Agreement pursuant to Section 14. The RECIPIENT shall be solely responsible for all costs incurred in excess of the Agreement grant award. Complete Streets Grant Agreement Page 2 of 5 December 2016 Washington State Transportation Improvement Board C-P-106(002)-1 Complete Streets Award Grant Agreement 8. TERM OF AGREEMENT This Agreement shall be effective upon execution by the Parties and shall continue through closeout of the grant amount, or amendment thereof, or unless terminated as provided herein. In no event shall the Agreement term exceed three years, unless extended by Agreement amendment pursuant to Section 14. 9. NON-COMPLIANCE, 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 and applicable rules under WAC 479-10-500 et seq, TIB shall notify the RECIPIENT, in writing, of RECIPIENT's non- compliance. b) RECIPIENT shall provide a written response within ten (10) business days of receipt of TIB's notice of non-compliance, which shall include either a detailed plan to correct the non-compliance, a request to amend the Project work plan, or a denial accompanied by supporting documentation. An agreement to amend the Project work plan must be pursuant to Section14. c) RECIPIENT shall have thirty (30) days in which to make reasonable progress toward compliance pursuant to its Project work plan to correct or implement an amendment to the Project work plan. d) Should RECIPIENT dispute non-compliance, TO will investigate the dispute and, in its sole discretion, TO may require the RECIPIENT to stop incurring additional Project work plan costs during the investigation. Should TIB require the RECIPIENT to stop incurring additional costs to be paid with the grant funds, the RECIPIENT shall be solely obligated for paying any additional costs incurred by such suspension of work, contractor claims, or litigation costs; such costs cannot be paid for with grant funds. 9.2 DEFAULT RECIPIENT is in default if TO determines, in its sole discretion, that: a) RECIPIENT is not making reasonable progress toward correction and compliance with this Agreement and the Project work plan; b) TIB denies the RECIPIENT's request to amend the Project work plan; and c) After investigation, TIB confirms RECIPIENT'S non-compliance. 9.3 TERMINATION a) In the event of default as determined pursuant to Section 9, TIB shall serve RECIPIENT with a written notice of termination of this Agreement, which may be served in person, by email or by certified letter. Upon service of notice of termination, the RECIPIENT shall immediately stop incurring costs chargeable against the grant funds and/or take such actions necessary as may be directed by TIB to protect TIB's grant funds. b) In the event of termination, the RECIPIENT may be liable for damages as authorized by law including, but not limited to, repayment of all grant funds. Complete Streets Grant Agreement Page 3 of 5 December 2016 Washington State Transportation Improvement Board C-P-106(002)-1 Complete Streets Award Grant Agreement c) 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. 10. 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 costs of the mediator. d) Each Party agrees to participate to the fullest extent possible and in good faith in resolving the dispute in order to avoid delays or additional incurred cost to the Project work plan. e) The Parties agree that they shall have no right to seek relief in a court of law in accordance with Section 11, until and unless the Dispute Resolution process has been exhausted. 11. GOVERNANCE, VENUE, AND ATTORNEYS FEES 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. The Parties agree that each Party shall be responsible for its own attorneys' fees and costs. 12. INDEMNIFICATION, HOLD HARMLESS, AND WAIVER 12.1 RECIPIENT, shall protect, defend, indemnify, and save harmless the TIB, its officers, officials, employees, and authorized agents, while acting within the scope of their employment as such, from any and all costs, claims, judgments, and/or awards of damages (both to persons and/or property), arising out of, or in any way resulting from, RECIPIENT'S negligent acts or omissions which may arise in connection with its performance under this Agreement. RECIPIENT shall not be required to indemnify, defend, or save harmless the TIB if the claim, suit, or action for injuries, death, or damages (both to persons and/or property) is caused by the sole negligence of TIB; provided that, where such claims, suits, or actions result from the concurrent negligence of the Parties, or involves those actions covered by RCW 4.24.115, the indemnity provisions provided herein shall be valid and enforceable only to the extent of RECIPIENT's own negligence 12.2 RECIPIENT agrees that its obligations under this section extends to any claim, demand and/or cause of action brought by, or on behalf of, any of its officers, officials, employees or authorized agents. For this purpose, RECIPIENT, by mutual negotiation, hereby waives, with respect to TO only, any immunity that would otherwise be available to it against such claims under the Industrial Insurance provisions of Title 51 RCW. Complete Streets Grant Agreement Page 4 of 5 December 2016 ® Washington State Transportation Improvement Board C-P-106(002)-1 Complete Streets Award Grant Agreement 12.3 The obligations of this indemnification and waiver Section shall survive termination of this Agreement. 13. 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 or obligations under this Agreement. 14. 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. 15. 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. 16. ENTIRE AGREEMENT This Agreement, together with the Exhibits, if any, the provisions of chapter 47.26 RCW, chapter 479 WAC, and TIB Policies, constitute the entire Agreement between the Parties and supersedes all previous written or oral agreements between the Parties. RECIPIENT agrees to abide by all applicable federal, state and local laws, ordinances, and rules when performing under the terms of this Agreement. RECIPIENT Transportation Improvement Board l 4 4 t� Chief Executive Officer to Dat J'rint Name Print Name Approved as to Form By: ANN E. SALAY Senior Assistant Attorney General NOTE: Any changes to the terms of this Agreement shall require further approval of the Office of the Attorney General Complete Streets Grant Agreement Page 5 of 5 December 2016 REQUEST FOR MAYOR'S SIGNATURE KEi Print on Cherry-Colored Paper Routing Information: \ ° (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMEId- * � ` Appro Director ^ Originator: Cheryl Viseth for Ken Langholz Phone (Originator): ,S504 Date Sent: April 5, 2019 Date Required: April 9, 2019 Return Signed Document to: Cheryl Viseth Contract Termination Date: March 31, 2022 VENDOR NAME: Date Finance Notified: WA State Transportation Improvement Board {Only required on contracts March 27, 2019 20 000 and over or on any Grant DATE OF COUNCIL APPROVAL: Date Risk Manager Notified: April 15, 2019 (Required on Non-City Standard Contracts/Agreements) Has this Document been Specificall Account Number: R2OO86 Authorized in the Budget? • YES NO Brief Explanation of Document: TIB Complete Streets Grant for Meet Me on Meeker total grant amount $250,000 $200,000 Promenade Installation on Meeker. $ 50,000 Raised Islands on Meeker St N""EIVED APR 16 DEP All Contracts Must Be Routed Through The Law Department (This area to be completed by the Law Department) F Law Dept.:Comments:rded to Mayor: Shaded Areas To Be Completed By Administration Staff Received: RECEIVED Recommendations and Comments: APR 17 2919 Disposition: City of Kent Office of the Mayor Date Returned: :1 ivi)Forms) current Processing) equest or Mayor's igne—docx