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HomeMy WebLinkAboutContract +°0t"4""4a `. C A G-19—G 14 Washington State Transportation Improvement Board • November 16, 2018 TIB Members RECEIVED Mr. Gregg Zimmerman, P.E. Chair Public Works Administrator Mayor Glenn Johnson GtyofPullman City of Renton NOV 2 7 2018 Vice Chair 1055 South Grady Way CITY OF RENTON Commissioner Richard Stevens Renton, WA 98057-3232 Grant County PUBLIC WORKS ADMIN Amy Asher RrverGties Transit Dear Mr'Zi merman: Alyssa Ball Office of Financial Management Congratulations! We are pleased to announce the selection of your project, Duvall Aaron Butters,P.E. Avenue NE, NE 9th St to NE 10th St, TIB project number P-P-102(P02)-1. HW Lochner Inc. Jeff Carpenter,,�T Total TIB funds for this project are $500,000. SBarbara Chamberlain wow Before any work is allowed on this project, you must: Elizabeth Chamberlain City of Walla Walla • Verify the information on the Project Funding Status Form, revise if necessary, Mike Dahiem. and sign; Gty of Sumner • Submit the section of your adopted Six Year Transportation Plan listing this Sue Dreier project; Pierce Transt • Sign both copies of the Fuel Tax Grant Distribution Agreement; and Commissioner TerrmDrexler i • Return the above items to TIB; Mason County John Klekotka,P.E. Port of Everett You may only incur reimbursable expenses after you receive approval from TIB. Comm ssioner Robert Koch Frankl,n County In accordance with RCW 47.26.084, you must certify full funding by November 16, John Koster County Road Administration Board 2019 or the grant may be terminated. Grants may also be rescinded due to Colleen Kuhn unreasonable project delay as described in WAC 479-05-211. Human Services Council Mayor Ron Lucas No federal funding has been identified in your project and was a factor in its selection. Town of Std!acoom Federalizing this project may result in disallowing cost increase requests. Mick Matheson,P.E. City ofM"kilt`' ' If you have questions, please contact Greg Armstrong, TIB Project Engineer, at(360) 0aHdramsay 586-1142 or e-mail GregA(a�TIB.wa_gov. Feet F,rat Counalmember Mike Todd Sincerely, City of Mlii Creek Ashley Probart Executive Director Ashley Probart P.O.Box 409011 Executive Director Olympia,WA 98504-0901} Phone:360-586-1140 Fax:360-586-1165 I Enclosures www.tib.wa.gov• Investing In your local community Washington State Transportation improvement Board P-P-102(P02)-1 �' ' ? Fuel Tax Grant Agreement City of Renton P-P-102(P02)-1 Duvall Avenue NE NE 9th St to NE 10th St RECEIvEr FEB 0 51019 STATE OF WASHINGTON T1B TRANSPORTATION IMPROVEMENT BOARD AND City of Renton AGREEMENT THIS GRANT AGREEMENT (hereinafter "Agreement") for the Duvall Avenue NE, NE 9th St to NE 10th St (hereinafter "Project") is entered into by the WASHINGTON STATE TRANSPORTATION IMPROVEMENT BOARD (hereinafter"TIB") and City of Renton, a political subdivision of the State of Washington (hereinafter"RECIPIENT"). 1.0 PURPOSE TIB hereby grants funds in the amount of$500,000 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 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 Fuel Tax Agreement Page 1 of 5 November 2012 j Washington State Transportation Improvement Board P-P-102(P02)-1 Fuel Tax Grant Agreement 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: Fuel Tax Agreement Page 2 of 5 November 2012 Washington State Transportation Improvement Board P-P-102(P02)-1 � 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 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 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 costs incurred in excess of the grant amount. 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 original ratio between TIB funds and total project costs. Fuel Tax Agreement Page 3 of 5 November 2012 Washington State Transportation Improvement Board P-P-102(P02)-1 �' � Fuel Tax Grant 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. Fuel Tax Agreement Page 4 of 5 November 2012 � �, Washington State Transportation Improvement Board P P 102(P02) 1 a ' Fuel 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 Transportation Improvement Board i 3 AbL9t 04.1c,...jt .2vg-/zo,#2 hie Executive O leer Date Exec a Director Date Denis Law, Mayor A-6LIOLV/A__.63,T1— Print Name Print Name Attest: ```�,ow11111111111rirr N "110 "� +00 n n11,, Q4, y, *� Jaso A. Se , E. t r F. _Ty C A. .* Fuel Tax Agreement '.,�Zi;+� '#,,,I, �00\ � �. Ft r 5 or 5 November 2012 i�� Rp°RA'ilstaiii1 ED 5 \`\`\ �/,', l \ Transportation Improvement Board ' J, Project Funding Status Form Agency Name RENTON TIB Project Number: P-P-102(P02)-1 Project Name: Duvall Avenue NE NE 9th St to NE 10th St Verify the information below and revise if necessary. Return to:Transportation Improvement Board • PO Box 40901 •Olympia,WA 98504-0901 PROJECT SCHEDULE Target Dates Construction Approval Contract Bid Award Contract Completion 02/2019 05/2019 12/2020 PROJECT FUNDING PARTNERS List additional funding partners and amount. Funding Partners Amount Revised Funding RENTON 186,500 WSDOT 0 TOTAL LOCAL FUNDS 186,500 qii Sig res are required fr m two different agency officials. Return the originally signed form to the TIB office. Mayor or Public Works Director ` - 140� Signature Date Denis Law City of Renton Mayor Printed or Typed Name Title Financial Officer 4/1/11 I/L.-- ///s/ Signature Date �lrn ib JM' IV in. Printed or Typed Name Title TIB Funding Status Report