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Home My WebLink About4736 RESOLUTION NO. 4736 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO ACCEPT A GRANT FROM THE WASHINGTON STATE.. TRANSPORTATION IMPROVEMENT BOARD FOR IMPROVEMENTS TO THE AUBURN WAY SOUTH CORRIDOR, BETWEEN fIR STREET SE AND HEMLOCK STREET SE WHEREAS; ` both the City and the Muckleshoof Indian Tribe (MIT) share a common community interest in providing new corridor improvements on Auburn Way + South between Fir Street SE and Hemlock Street SE; and ' WHEREAS, the need for corridor improvements on Auburn Way South is recognized in Auburn's adopted Transportation Improvement Program; and WHEREAS, the City in partnership with MIT applied for and was granted a state grant through the Washington State Transportation Improvement Board in the amount of $2;4267400 to finance the design, property acquisition and construction of improverrients to the Aubum Way South corridor between Fir Street SE and Hemlock Sfreet SE, including a five lane section of roadway, with sidewalks, lighting, transit and storm` improvements and a traffic signal at Hemlock S#reet SE; and WHEREAS, the $2,426,400 grant consists of $286,576 for design, $221,600 for right of'way, and $1,918,224 for construction; and WHEREAS, the $2,426,400 grant•requiresa local match of $606,600, which will be contributed by the MIT; and. Resolution No. 4736 July 26, 2011 Page 1 WHEREAS, it is in #he best interest : of the City to use Transportation Improvement Board grant monies to.fnance capital improvements to the transportation sysfem. NOW,. THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. That the Mayor is `hereby authorized to accept the Washington State _ Transportation Improvement Board grant for $2,426,400 for the Auburn Way Soutli Corridor Improvements, Fir Sfreet' SE and Hemlock Street SE, with local matching funds of $606,600 from the MIT: In addition, the Mayor is hereby authorized to execute any necessary agreemenfs required by the Washington State Transportation Improvement Board`for.the Project, expending up to the total amount of the grant of $2,426,400. Section 2. That the Mayor is authorized to implement such other administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. That this Resolufion shall take effect and be in full force upon passage and signatures hereon. sY Dated and Signed this day of , 2011. CITY UBURN PETER B. LEWIS' MAYOR Resolution No. 4736 July 26, 2011 Page 2 ATTE- ST: D ielle E~ Daskam, City Clerk APPROVED AS TO FORM: C~ Daniel B, Heid, City Attomey Resolution No. 4736 July 26, 2011 Page 3 _ � . � � ��iJ , _ '' �' Washington State TransportaGon Improvement Board �� Fuel Tax Grant Distribution Agreement LEAD AGENCY: AUBURN PROJECT NUMBER: 8-1-105(033)-1 .'�?'°!^ -, ,... PROJECT TITLE: Auburn Way S (SR 164) � '� �� PROJECT TERMINL• Fir St SE to Hemlock St SE �� 1.0 PURPOSE ��' � The Washington State Transportation Improvement Board (hereinafter referred to as "TIB") hereby grant§funds for the project specified in the attached documents, and as may be subseguently amended, subject to the terms contained herein. It:is the intent of the parties, TIB and the grant recipient, 4hat this Agreement shall govem the use and distribution of the grant fundsthrough all phases of the project. Accordingly, the project specific ir�fortnation shall be contained in the attachments hereto and incorporated hereiri, as the project progresses through each phase. This Agreement, together with the attachments hereto, the proyisions of chapter 47.26 Revised Code of Washington, the provisions of tftle 479 Washington Administrative Code, and TIB Policies, constitutes the entire agreement between the parties and supercedes all previous written or oral agreements beiween the paRies. 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. 3A TERM OFAGREEMENT This Agreement shall be effective upon execution by TIB and shall continue through wmpletion 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 granYrecipient 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 recipienYs other rights under this Agreement. 6.0 GOVERNANCE &VENUE This Agreement shall be construed and interpreted in axordance with the laws of the state of Washington and venue of any action brought hereunder shall be in the Superior Court for Thurston County. TIB Fortn 190-500 Page 1 of 3 Rev.2/142003 � �;J _ . � �, - � , � ' � Washington SYate Transportafion lmprovement Board �� Fuel Tax Grant Distribution Agreement LEAD AGENCY: AUBURN PRWECTNUMBER: 8-1-105(033)-1 9°�"��,�� — ._ PROJECT TITLE: Aubum Way S (SR 164) "" 'b�� PROJECT TERMINI: Fir St SE to'Hemlock St SE �l� 1.0 PURPOSE �d��' . � The Wasbington 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 tertns contained herein. IYis the inten4 of the parties, TIB and,the grarit reapi@nt, that this Agreement shall govem the use and disfibution of the grant funds through all phases of the project. Accordingly, the project spec�c ir�formation'shali 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 Cade, and TIB Polioies, constitutes the entire ag�eement between the parties and supercedes all previous written or oral agreemeMs between the paRies. 2.0 PARTIES TO AGREEMENT The parties to this Agreement are TIB, or its successor, and the grant recipient, or its successor, as specfied 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 recipienYs otherrights under this Agreement. 6.0 GOVERNANCE 8 VENUE This Agreement shall be construed and interpreted in accordance with the laws of the state of Washington and Venue of any action 6rought hereunder shall be in the Superior Court for Thurston County. TIB Fortn 190-500 Page 1 of 3 Rev.2/14rz003 � ,/ . ' � � . , , . . ' , •�� Washington State Transportation Improvement Board `�� Fuel Tax Grant Distribution Agreement , 7.0 TERMINATION 7.1 UNILATERAL TERMINATION Either party may terminate thisAgreement upon 30 days' prior written notice to the other party. If this Agreement is so terininated, the parties shall be liable only for perfoRnance rendered or costs incurred.in acxordance with the tertns of thisAgreement prior to the effective date of terminaUon. 7.2 TERMINATION BY MUTUAL AGREEMENT Either party may terminate this contrad in whole or in part, at any time, by mutual agreement with a 30 calendar day written notice from one parly to the othec 7.3 TERMIIVATION FOR CAUSE In the event TIB detertnines the grant recipient has failed to comply with the conditions of this AgreemeM 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 t2ken within 30 days, the Agreement may be tertninated. 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 dunng tlie investigation of the alleged compliance breach and pending corrective action by the grant recipient ar 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 grarrt funds. The termination shall be deemed to be a Tertnination for Convenience 'rf it is determined that fhe grant recipient: (1)was not at fault, or(2)failure to perform was outside of the grant recipienYs control, fault or negligence. The righ4s;and remedies of TIB provided in #his Agreement are not exGusive 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 ineeting TIB's obligations, or for any reason. If this AgreemeM is so terminated, TIB shalf be liable.only for payment required undec this , Agreement for pertormance 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. rie Form�so-eoo Page 2 af 3 Rev.2/14/2003 ,. .. ' � � ' � Washington State Transportation fmprovement Board �� Fuel Tax Grant Distribution 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 submif timely progress biliings as project costs are incurred to enable accurate budgeting and fund management. Failure.to submit 4irtiely progress billings may result in delayed payments or the establishment of a payment sctiedule. 9.0 ATTACHMENTS Attachments are incorporated into this agreement with s_ubsequent amendments as needed. Approved as to Fortn Thisl4th Day of February, 2003 Rob McKenna Attorney General BY� Signature on file . Elizabeth Lagerberg ; Assistant Attomey General L nc Transportation Improvement Board �—�,�R 3-0 201� io 4- t� SipnaWre W ChairtnaNAAayor - Data � F�cecudve Direc[or � t I�G'E'c�.r �w i S a�T!v�c�`_ V�/Lt.��Q!1 Pdnt Name - Pdnt Name � TIB Fortn 190-500 . � Page 3 af.3 Rev.2/142003 �