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Home My WebLink AboutContract �— Washington State sportation Improvement Board r1► CAG-11-003 Fuel Tax Grant Distribution Agreement LEAD AGENCY: RENTON PROJECT NUMBER: 8-1-102(033)-1 'tr PROJECT TITLE: 4th Street PROJECT TERMINI: Union Ave NE to Bremerton Ave NE 1.0 PURPOSE The Washington State Transportation Improvement Board (hereinafter referred to as "TIB") hereby grants funds for the project specified in the attached documents, and as may be subsequently amended, subject to the terms contained herein. It is the intent of the parties, TIB and the grant recipient, that this Agreement shall govern the use and distribution of the grant funds through all phases of the project. Accordingly, the project specific information shall be contained in the attachments hereto and incorporated herein, as the project progresses through each phase. This Agreement, together with the attachments hereto, 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 supercedes all previous written or oral agreements between the parties. 2.0 PARTIES TO AGREEMENT The parties to this Agreement are TIB, or its successor, and the grant recipient, or its successor, as specified in the attachments. 3.0 TERM OF AGREEMENT This Agreement shall be effective upon execution by TIB and shall continue through completion of each phase of the project, unless terminated sooner as provided herein. 4.0 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 personnel authorized to bind each of the parties. 5.0 ASSIGNMENT The grant recipient shall not assign or transfer its rights, benefits, or obligations under this Agreement without the prior written consent of TIB. The grant 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 grant recipient's other rights under this Agreement. 6.0 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. TO Form 190-500 Page 1 of 3 Rev.2/14/2003 3 Washington State 7portation Improvement Board Fuel Tax Grant Distribution Agreement 7.0 TERMINATION 7.1 UNILATERAL TERMINATION Either party may terminate this Agreement upon 30 days' prior written notice to the other party. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. 7.2 TERMINATION BY MUTUAL AGREEMENT Either party may terminate this contract in whole or in part, at any time, by mutual agreement with a 30 calendar day written notice from one party to the other. 7.3 TERMINATION FOR CAUSE In the event TIB determines the grant recipient has failed to comply with the conditions of this Agreement in a timely manner, TIB has the right to suspend or terminate this Agreement. TIB shall notify the grant recipient in writing of the need to take corrective action. If corrective action is not taken within 30 days, the Agreement may be terminated. TIB reserves the right to suspend all or part of the Agreement, withhold further payments, or prohibit the grant recipient from incurring additional obligations of funds during the investigation of the alleged compliance breach and pending corrective action by the grant recipient or a decision by TIB to terminate the Agreement. The grant recipient shall be liable for damages as authorized by law including, but not limited to, repayment of misused grant funds. The termination shall be deemed to be a Termination for Convenience if it is determined that the grant recipient: (1)was not at fault, or(2)failure to perform was outside of the grant recipient's control, fault or negligence. The rights and remedies of TIB provided in this Agreement are not exclusive and are in addition to any other rights and remedies provided by law. 7.4 TERMINATION FOR CONVENIENCE TIB may, by ten (10) days written notice, beginning on the second day after the mailing, terminate this Agreement, in whole or in part, because federal or state funds are no longer available for the purpose of meeting TIB's obligations, or for any reason. 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. 7.5 TERMINATION PROCEDURE Upon receipt of notice of termination, the grant recipient shall stop work and/or take such action as may be directed by TIB. TIB Form 190-500 Page 2 of 3 Rev.2/14/2003 �`► Washington State T ortation Improvement Board Fuel Tax Grant DIS ribution Agreement 8.0 AVAILABILITY OF TIB FUNDS The availability of Transportation Improvement Board funds is a function of Motor Vehicle Fuel Tax collections and existing contractual obligations. The local agency shall submit timely progress billings as project costs are incurred to enable accurate budgeting and fund management. Failure to submit timely progress billings may result in delayed payments or the establishment of a payment schedule. 9.0 ATTACHMENTS Attachments are incorporated into this agreement with subsequent amendments as needed. Approved as to Form This 14th Day of February, 2003 Rob McKenna Attorney General By: Signature on file Elizabeth Lagerberg Assistant Attorney General Lead Agency - City of Renton Transportation Improvement Board 14 2-o►t Signature of C Liate Executive Director Date Denis Law, Mayor //,� �G !/� Print Name`` Print Name Attest:_� .LG �O. LlJGe'�iGD►'L. Bonnie I. Walton, City Clerk TIB Form 190-500 x Page 3 of 3 Rev.2/14/2003 Attachment 1 Project Funding Summary Project Information Lead Agency RENTON Project Number 8-1-102(033)-1 Project Title 4th Street Project Termini Union Ave NE to Bremerton Ave NE TIB funds for the project are: Phase TIB Funds Design 225,000 Right of Way 192,000 Construction 1,560,000 Total Grant 1,977,000 TIB Form 190-600 Rev.2/14/2003 £OOZ/til/Z'^22I 009-061 wloJ HII 000`LL6`� JueaE) Iejo1 000`095` uo!jonjIsuoo 000'Z6� AeM jo j46iU 000'9ZZ u6!saa spun.1 all ase4d :aae joefoid ayj jol spun] 811 3N any uo;Jawaa8 013N any uolun !u!wial mfoid 1884S 41V 911!1109foid L-(££0)ZO l,-l,-8 aagwnN }oafad NOlN3M Aou96y peal uolIewaoJul ;oaf0id tilewwnS buipun_� loafoad � �u aua uaa��br • �'"' Transportation Improvement Board j Project Funding Status Form Agency: RENTON TIB Project Number: 8-1 -102(033)-1 Project Name: 4th Street Union Ave NE to Bremerton Ave NE Verify the information below and revise if necessary. Return to: Greg Armstrong Transportation Improvement Board PO Box 40901 Olympia, WA 98504-0901 PROJECT SCHEDULE bate' Shown on Revised Dates Application Construction Approval Date Contract Bid Award Jan 2012 Contract Completion Jun 2013 PROJECT FUNDING PARTNERS List additional funding partners and amount. Funding Partners- Amounf,', Revised Funding RENTON 1,318,000 WSDOT 0 Federal Funds 0 TOTAL LOCAL FUNDS 1,318,000 Both agency officials must sign the form before returning it to the TIB office. Mayor r,Public Works Director C�� 1<-Z Signature Date � ~? Printed or Typed Name Title Attest: 6&xlft. Bonnie I. Walton, .City Clerk Financial Officer Signature Date Printed or Typed Name Title TIB Funding Status Report