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HomeMy WebLinkAbout2085 - Washington State - Agreement - Fuel Tax Grant 100th St NE to 104th Pl NEWash ington State Transpoftation I m prove me nt Boa rd Fuel Tax Grant Agreement 8-1-143(010)-1 Citv of Marvsville 8-1-143(010)-1 State Avenue 100th St NE to 104th Pl NE RECEI\/F" tEB 2 | ?of$ TIF STATE OF WASHINGTON TRANSPORTATION I MPROVEMENT BOARD AND City of Marysville AGREEMENT THIS GRANT AGREEMENT (hereinafter "Agreement") for the State Avenue, 100th St NE to 104th Pl NE (hereinafter "Project") is entered into by the WASHINGTON STATE TRANSPORTATION IMPROVEMENT BOARD (hereinafter "TlB") and City of Marysville, 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 TlB, 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 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 I ol5 November 2012 Wash i ngton Sfafe lransp o ftation I mprovement Board Fuel Tax Grant Agreement 8-1-1 4s(01 0)-1 amounts are greater than $50,000. lf 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 untilterminated 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 O ASSIGNMENT The RECIPIENT shall not assign or transfer its rights, benefits, or obligations under this Agreement without the prior written consent of TlB. 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-COMPLIANCEa) ln 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) ln 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 Wash ington State T ran spoftation I mproveme nt Board Fuel Tax Grant Agreement B-1-143(010)-1 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) ln 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 TlB. b) ln 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. lf 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. 1O.O 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. lf 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 INCRE/qSE OR DECREASE lN 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 TlB. All increase requests must be made pursuant to WAC 479-05-202 and/or WAC 479-01-060. lf an increase is denied, the recipient shall be liable for costs incurred in excess of the grant amount. ln the event that final costs related io 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 ol5 Novernber 2012 Washington Sfafe lransp ortation I mprovem e nt Boa rd Fuel Tax Grant Agreement 8-1-143(010)-1 1 2.0 INDEPENDENT CAPACITY The RECIPIENT shall be deemed an independent contractorfor 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 TlB. 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 lndustrial lnsurance provision of Title 51 RCW. ln 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) lnformal Resolution. The PARTIES shall use their best efforts to resolve disputes promptly and at the lowest organizational level. c) ln 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 courl of law until and unless the Dispute Resolution process has been exhausted. Fuel Tax Agreement Page 4 ot'5 November 2012 Washington State T ransportati on I m provement Boa rd Fuel Tax Grant Agreement 8-1 -1 43(010)-1 15.0 ENTIRE A*GREEMENT 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 sutficiently 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 TlB, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement. lf 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 lmprovement Board t1 Mayor Director Jon Nehring Fuel Tax Agreement Print Name Page 5 of5 6 Print Name November 20 I 2 chair Mayor Glenn lohnson city of Pullman Vice chair commissioner Richard stevens Grant County Amy Asher Rivercities Transit Alyssa Ball Office of Financial Management Aaron Butters, P.E. HW Lochner lnc. MAR fi Ii ;]i]ig TIB Members February 22,2019 crTY oF Mp,R"/$vl[^!.H [ruBLlc woRKS & COntM UNITY DEVn LOPI4E"fitl Mr. Kevin Nielsen Public Works Director City of Marysville 80 Columbia Avenue Marysville, WA 98270-51 30 Dear Mr. Nielsen Your copy of the signed Fuel Tax Agreement for the State Avenue project, TIB # 8-1 -143(01 0)-1 , is enclosed. What do I need to do before I can solicit construction bids? 1. Request an electronic copy of the Bid Authorization Form from your project engineer. 2. Fill out and return the completed Bid Authorization Form along with the plans, specs, and engineer's estimate to TIB for review and approval. We are happy to assist you with any questions regarding this process. You can contact Greg Armstrong, TIB Project Engineer, at (360) 586-1 142 or via e-mail at GregA@TlB.wa.gov. Sincerely, Washington Sfafe Transportation lmprovement B Ashley Executive Director Enclosure Barbara Chamberlain WSDOT Elizabeth chamberlain city of Walla Walla Mike Dahlem City of Sumner John Klekotka, P.E. Port of Everett Commissioner Robert Koch Franklin county John Koster County Road Administration Board Sue Dreier Pierce Transit Colleen Kuhn Human Seryices council Mark Kulaas Douglas County Mayor Ron Lucas Town of steilacoom Mick Matheson, P.E. City of Mukilteo David Ramsay Feet First Councilmemb€r Mike Todd City of Mill Creek Ashley Probart Executive Director P-O, Box 4o9O1 Olympia, WA 98504-0901 Phone: 360-585-1140 Fax:36G58G1165 ww.tib.wa,gov lnvesting in your local community