HomeMy WebLinkAboutCAG2024-179 - Original - State of Washington Transportation Improvement Board - 132nd Avenue SE Multi-Use Path - 4/15/24 FOR CITY OF KENT OFFICIAL USE ONLY
Sup/Mgr:
Agreement Routing Form DirAsst:
40 • For Approvals,Signatures and Records Management Dir/Dep:
KEN T This form combines&replaces the Request for Mayor's Signature and Contract Cover (Optional)
WASH 1 N G T O N Sheet forms. (Print on pink or cherry colored paper)
Originator: Department:
Public Works (Kelly Peterson) Administration
Date Sent: Date Required:
� 04/12/2024 04/15/2024
O
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a Mayor or Designee to Sign. Date of Council Approval:
a
a Interlocal Agreement Uploaded to Website 04/02/2024
Budqet Account Number: Grant? Yesz No❑
Budget?0Yes ZNo Type: N/A
Vendor Name: Category:
Transportation Improvement Board (Grant) Contract
Vendor Number: Sub-Category:
= N/A Original
O
Project Name: 132nd Avenue SE Multi-Use Path
L. Project Details:O 132nd Avenue SE multi-use path, SE 228th Place to SE 240th Street.
Walking path with other_pedestrian improvements and pavement overlay.
O Basis for Selection of Contractor:
£ Agreement Amount: 500,000 Interlocal Agreement
41 *Memo to Mayor must be attached
Start Date: 4/1 2/2024 Termination Date: 04/01/2025
a Local Business?❑Yes 7No-lfmeets requirements per KCC 3.70.100,please complete"Vendor Purchase-Local Exceptions"form on Cityspace.
Business License Verification: 11 Yes El In-Process❑Exempt(KCC 5.01.045) Authorized Signer Verified
Notice required prior to disclosure? Contract Number:
F—]Yesallo
Comments:
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3
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3 0
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[Date Received:City Attorney: Date Routed:Mayor's Office L{ L City Clerk's Office
ad«W22373_1_20 Visit Documents.KentWA.gov to obtain copies of all agreements
rev.20221201
110011 O FUNDED BY WASHINGTON'S
CLIMATE
o COMMITMENT
4 it m
Washington State ACT
Transportation Improvement Board
TIB Members
March 22, 2024
Chair
Councilmember Sam Low
Snohomish County
Vice Chair
Mayor Hilda Gonzalez
City of Granger The Honorable Dana Ralph, Mayor
Amy Asher City of Kent
Mason Transit Authority 220 4th Avenue South
Aaron Butters Kent, WA 98032 5895
HW Lochner Inc.
Susan Carter Dear Mayor Dana Ralph:
Hopelink
Kent Cash Port of Vancouver Congratulations! The Transportation Improvement Board (TIB) is pleased to
announce the selection of your early opportunity Complete Streets project, 132nd
Barbara Chamberlain
WSDOT Avenue SE multi-use path, SE 228th Place to SE 240th Street, TIB project number
Elizabeth Chamberlain C-P-106(004)-1.
City of Walla Walla
Dongho Chang This project is supported with funding from Washington's Climate Commitment Act
WSDOT (CCA). The CCA supports Washington's climate action efforts by putting cap-and-
Scott Chesney invest dollars to work reducing climate pollution, creating jobs, and improving public
Spokane County health. Information about the CCA is available at www.climate.wa.gov.
Vicky Clarke
Cascade Bicycle Club and Washington Bikes TIB is awarding 28.4900% of approved eligible project costs with a maximum grant of
Andrew Denham $500 000.
Town of Twisp
Commissioner Al French Before any reimbursable work is permitted on this project, you must email a signed
Spokane County
copy of the below documents and receive approval from TIB:
Commissioner Scott Hutsell
Lincoln County
• Project Funding Status Form (verify the information is correct)
Councilmember Jon Pascal
City of Kirkland Grant Agreement
Les Rearda nz
Whatcom Transportation Authority All early opportunity Complete Streets projects must be constructed by
Peter Roga is ky December 31, 2024, and closeout paperwork must be completed by April 1,
City of Richland 2025.
Mayor Kim Roscoe
City of Fife If you have any questions or concerns about the above requirements, please contact
Maria Thomas your region engineer, Greg Armstrong, at GregA@tib.wa.gov.
Office of Financial Management
Jennifer Walker Sincerely
Thurston County
Jane Wall r60t-
County Road Administration Board ��►►II
Ashley Probart
Ashley Probart Executive Director
Executive Director
P.O.Box 40901
Olympia,WA 98504-0901
Phone:360-586-1140
www.tib.wa.gov
Investing in your local community
City of Kent
C-P-106(004)-1
132nd Avenue SE multi-use path
SE 228th Place to SE 240th Street
STATE OF WASHINGTON
TRANSPORTATION IMPROVEMENT BOARD
AND
City of Kent
AGREEMENT
THIS GRANT AGREEMENT (hereinafter"Agreement") for the 132nd Avenue SE multi-use path,
SE 228th Place to SE 240th Street (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 28.4900% percent of approved eligible project
costs up to the amount of$500,000, pursuant to terms contained in the RECIPIENT'S Grant
Application, supporting documentation, chapter 47.26 RCW and/or chapter 47.04 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
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 April 1, 2025 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, 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) 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:
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 and other revenue sources. 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. The obligations of this Section shall survive
termination of this Agreement.
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 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 and/or WAC 479-10-575. 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.
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.
15.0 ENTIRE AGREEMENT
This Agreement, together with the RECIPIENT'S Grant Application, the provisions of chapter
47.26 Revised Code of Washington and/or 47.04 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. The obligations of this Section shall survive termination of this 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
I 41W14
Chief Executive Offic r Ddte I Executive Director Date
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