HomeMy WebLinkAboutCAG2022-005 - Original - Washington State Transportation Implovement Board - Fuel Grant p-p-106(p05)-1 S 240th Street Sidewalk - 01/06/2022ApprovalOriginator:Department:
Date Sent:Date Required:
Mayor or Designee
Date of Council Approval:
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Type:Review/Signatures/RoutingDate Received: City Attorney:
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Date Routed: Mayor’s Office City Clerk’s OfficeAgreement InformationVendor Name:Category:
Vendor Number:Sub-Category:
Project Name:
Project Details:
Agreement Amount:
Start Date:
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Yes In-Process Exempt (KCC 5.01.045)
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Yes No
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This form combines & replaces the Request for Mayor’s Signature and Contract Cover
Sheet forms. (Print on pink or cherry colored paper)
Visit Documents.KentWA.gov to obtain copies of all agreementsadccW22373_1_20
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rev. 20210513
FOR CITY OF KENT OFFICIAL USE ONLY
Agreement Routing Form
For Approvals, Signatures and Records Management
(Optional)
Basis for Selection of Contractor:
* Memo to Mayor must be attached
Termination Date:
Authorized to Sign:
Washington State Transportation Improvement Board P-P-106(P05)-1
Fuel Tax Grant Agreement
Fuel Tax Agreement Page 1 of 5 November 2012
City of Kent
P-P-106(P05)-1
S 240th Street
Russell Rd to Lakeside Blvd E
STATE OF WASHINGTON
TRANSPORTATION IMPROVEMENT BOARD
AND
City of Kent
AGREEMENT
THIS GRANT AGREEMENT (hereinafter “Agreement”) for the S 240th Street, Russell Rd to
Lakeside Blvd E (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
For the project specified above, TIB shall pay 73.9266 percent of approved eligible project costs
up to the amount of $312,000, 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
Washington State Transportation Improvement Board P-P-106(P05)-1
Fuel Tax Grant Agreement
Fuel Tax Agreement Page 2 of 5 November 2012
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
RECIPIENT may be considered in default if TIB determines, in its sole discretion, that:
Washington State Transportation Improvement Board P-P-106(P05)-1
Fuel Tax Grant Agreement
Fuel Tax Agreement Page 3 of 5 November 2012
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 maximum
payable 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 all costs incurred in excess of the maximum amount payable by TIB.
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 intended
ratio between TIB funds and total project costs, as described in Section 1.0 of this Agreement.
Washington State Transportation Improvement Board P-P-106(P05)-1
Fuel Tax Grant Agreement
Fuel Tax Agreement Page 4 of 5 November 2012
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.
P40
Washington State Transportation Improvement Board P-P406(P05)4
FFuel 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
Dana Ralph
Print Name
Transportation Improvement Board
Fuel Tax Agreement Page 5 of 5 November 2012
Transportation lmprovement Board
Project Funding Status Form
Agency Name
Project Name:
KENT
S 240th Street
Russell Rd to Lakeside Blvd E
TIB Project Number: P-P'106(P05)-1
u/at/zt
Date
Verify the information below and revise if necessary'
Return to: Transportation lmprovement Board o PO Box 40901 r Olympia, WA 98504-0901
PROJECT SCHEDULE
PROJECT FUNDING PARTNERS
List additional funding partners and amount.
signatures are required from two different agency officials. Return the originally signed form to the TIB office
Mayor or Public Works Director
h_^
Signature
cttao Rtcettt UtDa(<
Printed or Typed Name
Financial Officer
Title
DateSignature
Printed or Typed Name
Target Dates
Gontract ComPletionGontract Bid AwardGonstruction APProval
8t1t2023't21612211t28122
Funding Partners Amount Revised Funding
KENT 110,040
WSDOT
0
TOTAL LOCAL FUNDS 110,040
TIB Funding Status RePoft
Title
12/29/2021
Paula Painter Finance Director
DATE: December 14, 2021
TO: Kent City Council
SUBJECT: Transportation Improvement Board Urban Sidewalk
Program Grant for S 240th Street - Authorize
MOTION: I move to authorize the Mayor to accept grant funds from the
Transportation Improvement Board for the Urban Sidewalk Program on S
240th Street between Russell Road and Lakeside Boulevard East, in the
amount of $312,000, amend the budget, authorize the expenditure of the
grant funds accordingly, authorize the expenditure of up to $110,040 in
local matching funds from the B&O fund, and authorize the Mayor to sign
all necessary documents, subject to final terms and conditions acceptable
to the City Attorney and Public Works Director.
SUMMARY: The Transportation Improvement Board (TIB) sends out a call for
projects every two years, with funds available through the Urban Sidewalk Program
(USP). The USP program supports projects that improve pedestrian safety, access,
connectivity, and address system continuity.
In August 2021, the City applied to TIB for design and construction funds through
the USP for pedestrian improvements on S 240th Street between Russell Road and
Lakeside Boulevard East. The project will complete the gap in the sidewalk system
along the south side of road connecting the Green River Trail to multiple
neighborhoods, apartments, and transit services.
The project is estimated to cost $422,040 with a local match of 26% with design
work to begin in spring 2022. Staff proposes the required matchings funds be paid
from B&O funds.
BUDGET IMPACT: Minimum budget impact is $110,040 to match TIB funds.
SUPPORTS STRATEGIC PLAN GOAL:
Innovative Government - Delivering outstanding customer service, developing leaders, and
fostering innovation.
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
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Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
RECOMMENDED BY: Kelly Peterson
ATTACHMENTS:
1. 5D1 TIB Award Letter for S 240th St (PDF)
2. 5C2 TIB Russell Road Fuel Tax Agreement (PDF)
3. 5D3 TIB S 240th St Funding Status Form (PDF)
12/06/21 Public Works Committee RECOMMENDED TO
COUNCIL
RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next:
12/14/2021 7:00 PM
MOVER: Marli Larimer, Councilmember
SECONDER: Satwinder Kaur, Councilmember
AYES: Brenda Fincher, Satwinder Kaur, Marli Larimer
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