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Home My WebLink About2796 - Washington State Transportation Improvement Board - Agreement - 53rd Ave NE Shared Use Path1im5'i\ Washington State Transporlation Improvement Board ~Jo/' Fuel Tax Grant Agreement City of Marysville P-P-143(P03)-1 53rd Ave NE Shared Use Path 61 st St NE to SR 528 STATE OF WASHINGTON TRANSPORTATION IMPROVEMENT BOARD AND City of Marysville AGREEMENT P-P-143( · 03)-1 THIS GRANT AGREEMENT (hereinafter "Agreement") for the 53rd Ave NE Shar d Use Path, I 61 st St NE to SR 528 (hereinafter "Project") is entered into by the WfSHINGTON STATE TRANSPORTATION IMPROVEMENT BOARD (hereinafter "TIB") and City of I Marysville, a political subdivision of the State of Washington (hereinafter "RECIPII, NT"). 1.0 PURPOSE For the project specified above, TIB shall pay 77.6699 percent of approved eligible roject costs up to the amount of $320,000, pursuant to terms contained in the RECIPIENT'S Grant Application, supporting documentation, chapter 47.26 RCW, title 479 WAC, and th 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 de~eloped and refined, but not substantially altered during the Design, Bid Authorization and Cons ruction 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 submissi, ri of each Project document to TIB, the terms contained in the document will be incorporated y reference into the Agreement. Required documents include, but are not limited to the followi g: 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 qtJantities f) Project Accounting History I · 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 I Fuel Tax Agreement Page 1 of5 N=r012 ' --·---··-----~--------- ,---~-, t4:·;;,,, .,,,;\ l•{!Jlj;) Washington State Transportation Improvement Board \-z.""!:fft1 Fuel Tax Grant Agreement 'P-P-143(P03)-1 I I often as the RECIPIENT deems necessary, but shall be submitted at least quarterly ifbillable_ amounts are greater than $50,000. If progress billings are not submitted, lar@e payments may be delayed or scheduled in a payment plan. I 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 1 O year~ 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. I I 7.0 ASSIGNMENT I The RECIPIENT shall not assign or transfer its rights, benefits, or obligationsi under this Agreement without the prior written consent of TIB. The RECIPIENT is deemed to consent to assignment of this Agreement by Tl 8 to a successor entity. Such consent sh1all not constitute a waiver of the RECIPIENT's other rights under this Agreement. I ! ' 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 Supert[ior Court for Thurston County. ! I 9.0 DEFAULT-AND TERMINATION I 9.1 NON-COMPLIANCE i a) In the event TIB determines, in its sole discretion, the RECIPIENT has failed to comply witn 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 r~sponse within 1 O business days of receipt of TIB's notice of non-compliance,-which shquld include either a detailed plan to correct the non-compliance, a request to amend the 9roject, or a denial accompanied by supporting details. ! c) TIB will provide 30 days for RECIPIENT to make reason.able drogress toward compliance pursuant to its plan to correct or implement its amendmerl 1 t to the Project. i d) Should RECIPIENT dispute non-compliance, TIB will investig~te the dispute and may withhold further payments or prohibit the RECIPIENT from incur-rjng 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 of5 November 2012 ~-~ , ~~ Washington State Transportation Improvement Board ~ ... ~/ Fuel Tax Grant Agreement "-· 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 ade 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 Agre1ment, 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 a'ction as may be directed by TIB. b) In the event of default and/or termination by eithe~ PARTY, the RECIPIENT may be liable for damages as authorized by law including, but not limited to, rep yment of grant funds. c) The rights and remedies of TIS provided in the AGREEMENT are no exclusive and are in addition to any other rights and remedies provided by law. 9.4 TERMINATION FOR NECESSITY TIS may, with ten (10) days writt~n notice, terminate this Agre~ment, in wh?/e ?r in part, because funds are no longer available for the purpose of meeting Tl S's obllgat1ons. If this Agreement is so terminated, TIB shall be liable only for payment requir1d 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 fundjs for anythin9 other than hi9hvvay or roeidvveiy ;;;y;;;tem improvement;;; i;;; prohibited eind ;;;hall ;;;ubject the RECIPIENT to the terms, conditions and remedies set forth in Section 9. If Rig1t of Way is purchased using Tl B funds, and some or all of the Right of Way is subsequently sodld, proceeds from the sale must be deposited into the RECIPIENT's motor vehicle fund and use 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 vJm be considered by TIS and awarded at the sole discretion of TIS. 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 paykble by Tl B. In the event that final costs related to the specific project are less than the initial grJnt award, TIS funds will be decreased and/or refunded to TIS in a manner that maintains the i:ntended ratio between TIS funds and total project costs, as described in Section 1.0 of this Agreement. Fuel Tax Agreement Page 3 of5 Novem er2012 ,·r.~-..... i I I 4-·-"·~ . . (.ii!);\ Washington State Transportation Improvement Board · P-P-143(P03)-1 1·¾~"!.~3/ Fuel Tax Grant Agreement i 12.0 INDEPENDENT CAPACITY The RECIPIENT shall be deemed an independent contractor for all purpose~ 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. I . I I 13.0 INDEMNIFICATION AND HOLD HARMLESS 1 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 th~ir employment as such, from any and all costs, claims, judgment, and/or awards of damages, a1rising out of, or in any way-resulting.from, that PARTY's own negligent acts·or omissions whichjmay·arise in connection with its performance under this Agreement. No PARTY will be re8uired 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 otherPARTY. where such claims, suits, or actions result from the concurrent negligence of the PARTIES, the i~demnity provisions provided herein shall be valid and enforceable only to the extent of a PARTYis own negligence. Each of the PARTIES agrees that its obligations under this subparagraph exfend 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; wi.th respect to the other PARTY only, any immunity that would otherwise be available to it agairist 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 sh~II survive termination of this Agreement. i i 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 dil~pute resolution process outlined in this section applies to disputes arising under or irn connection with the terms of this AGREEMENT. ' I i I b) Informal-Resolution. The .PARTIES shall use their-best.efforts to resolve disputes promptly and at the lowest organizational level. · I · I 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 oHhe mediato;r. . ' d) Each PARTY agrees to compromise to the fullest extent possible in re1solving the dispute in order to avoid delays or additional incurred cost to the Project. I i e)· The PARTIES agree that they shall have no right to seek relief ih a court of law until and unless the Dispute Resolution process has been exhausted. ! I I Fuel Tax Agreement Page 4 of5 November2012 TIB Members Chair Mayor Glenn Johnson City of Pullman Vice Chair Councllmember Sam Low Snohomish County Amy Asher Mason Transit Authority Aaron Butters, PE HW Lochner Inc. Susan Carter Hopelink Kent Cash, PE Port of Vancouver Barbara Chamberlain WSDOT Elizabeth Chamberlain City of Walla Walla Dongho Chang, PE WSDOT Scott Chesney Spokane County Vicky Clarke Cascade Bicycle Club and Washington Bikes Mike Dahlem, PE City of Sumner Commissioner Al French Spokane County Councllmember Hilda Guzman City of Granger Commissioner Scott Hutsell Lincoln County Les Reardanz Whatcom Transportation Authority Peter Rogalsky, PE City of Richland Mayor Kim Roscoe City of Fife Maria Thomas Office of Financial Management Jennifer Walker Thurston County Jane Wail County Road Administration Board Ashley Probart Executive Director P.O. Box40901 Olvmola. WA 98504-0901 Washington State Transportation Improvement Board February 1, 2023 Mr. Jeff Laycock, P.E. Director of Engineering & Transportation Services City of Marysville - 80 Columbia Avenue Marysville, WA 98270-5130 Dear Mr. Jeff Laycock: Your copy of the signed Fuel Tax Agreement for the 53rd Ave NE Shared Used Path project, TIB #P-P-143(P03)-1, is enclosed. This project is construction only and no TIB funds have been allocated for design phase. Is a Cultural Resource Assessment (CRA) required? DAHP determined that a cultural resources assessment is required for this project. You must obtain DAHP concurrence prior to TIB bid authorization approval. Please reference the DAHP tracking number 2022-11-07320 when communicating with DAHP. Your contact at DAHP is Dennis Wardlaw, (360) 485-5014, Dennis.wardlaw@dahp.wa.gov. What do I need to do before I can solicit construction bids? 1. Obtain approval from WSDOT if this project is on or intersecting a state highway; 2. Request an electronic copy of the Bid Authorization Form from your project engineer; 3. Fill out and return the completed Bid Authorization Form to TIB for review and approval; 4. Send 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) 586-1142 or via e-mail at GregA@TIB.wa.gov. Sincerely, Ashley Probart Executive Director Enclosure Investing in your local community ~1·:s· :{I_ !fu,j , Washington State Transportation Improvement Board :~~/ Fuel Tax Grant Agreement P-P-143(P03)-1 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 TIS Policies, constitutes the entire agreement between the PARTIES and supersedes all previous written or oral agreements between the PARTIES. , f s:o :0REd@Rt:>s: rvi:«fNTENANCE. "· -. ----··· ....... -····---·--.... ~ ·, .... , ' . ---,• . 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 thi~ 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 TIS 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 BoWrrian Assistant Attorney General Lead Agency Jon Nehring Print Name Fuel Tax Agreement Transportation Improvement Board 2-1-2023 Date _. Ashley Probar:t Print Name Page 5 ofS November 2012 /2~ (r~J) Washington State Transportation Improvement Board U Fuel Tax Grant Agreement P-P-143( ·Q3)-1 15.0 ENTIRE AGREEMENT This Agreement, together with the RECIPIENT'S Grant Application, the provisions f chapter 47.26 Revised Code of Washington, the provisions of title 479 Washington Adminis rative Code, and TIS Policies, constitutes the entire agreement between the PARTIES and supe sedes all previous written or oral agreements between the PARTIES. 16.0 RECORDS MAINTENANCE The RECIPIENT shall maintain books, records, documents, data and other evidenc relating to this Agreement and performance of the services described herein, including but natl 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 sball 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 TIS personnel duly authorized blTIB, the Office of the State Auditor, and federal and state officials so authorized by law, reg lation or agreement. If any litigation, claim or audit is started before the expiration of the six (6) year peri, d, the records shall be retained until all litigation, claims, or audit findings involving the recbrds have been resolved. Approved as to Form Attorney General By: Signature on file Guy Bowman Assistant Attorney General Lead Agency Jon Nehring Print Name Fuel Tax Agreement Transportation Improvement Board Executive Director D'te Print Name Page 5 ofS Novem er2012 Agency Name Project Name: MARYSVILLE 53rd Ave NE Shared Use Path 61st St NE to SR 528 Verify the information below and revise if necessary. Email to: Your TIB Engineer · PROJECT SCHEDULE. Construction Approval Contract Bid Award May 2023 June 2023 PROJECT FUNDING PARTNERS List additional funding partners and amount. MARYSVILLE WSDOT Federal Funds TOTAL LOCAL FUNDS TIB Project Number:: P-P-143(P03)-1 ! Contract Completion , July 2024 92,000 0 0 92,000 I Signatures are required from two different agency officials. Email a signed copy of this form to your TIB Engineer. Mayor or Public Works Director /2~ Signature/ Jon Nehring Printed or Typed Name Financial Officer C' ' ~J Signature~ TIB Funding Status Report I I I Date Mayor Title Date ! I HV\.o..nct U~r.e.uh?r: i lltle