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HomeMy WebLinkAbout5741 ORDINANCE NO. 5 7 4 1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING TRANSPORTATION IMPROVEMENT BOARD GRANT FUNDS AS PROVIDED IN THE FUEL TAX GRANT DISTRIBUTION AGREEMENT FOR CITY PROJECT NO. C302A, WEST VALLEY HIGHWAY RECONSTRUCTION WHEREAS, the City Council of the City of Auburn must adopt and approve all appropriations by Ordinance pursuant to Chapter 35A.33 RCW; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Pursuant to Chapter 35A.33 RCW, the City Council hereby approves the appropriation and expenditure of Transportation Improvement Board (TIB) funds in the amount of $1,200,000 for Project No. C302A, West Valley Highway Reconstruction, with local matching funds of $300,000 from the 102 Unrestricted Streets Fund. The Mayor is hereby authorized to execute the Fuel Tax Grant Distribution Agreement to obligate the amount of $1,200,000 for the design and construction phases of the project, a copy of which is attached hereto as Exhibit "A" and is incorporated herein by reference. The Mayor and City Clerk are also authorized to approve and execute any future supplemental agreements thereto required for completion of additional phases of the project including but not limited to design, right-of-way, and construction. Ordinance No. 5741 February 20, 2003 Page 1 Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 3. This ordinance shall take effect and be in force five (5) days from and after its passage, approval, and publication, as provided by law. INTRODUCED: PASSED: APPROVED: ATTEST: Dahielle E. Daskam, City Clerk MAR 3 2003 MAR $ 2O03 MAR 3 2003 PETER B. LEWIS MAYOR APPROVED AS TO FORM: Attorney kL. ~,,._.. P U B L I S H E D: ,...¢/~//() ~ Ordinance No. 5741 February 20, 2003 Page 2 lWashington State Transportation Improvement Board Fuel Tax Grant Distribution Agreement LEAD AGENCY: Auburn PROJECT NUMBER: 8-1-105(031)-1 PROJECT TITLE: West Valley Hwy PROJECT TERMINI: SR 18 N Peasley Canyon Rd to South CIL 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 wdtten 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 wr'rting and signed by personnel authorized to bind each of the parties. 5.0 ASSIGNMENT The grant recipient shall not assign or transfer its dghts, benefits, or obligations under this Agreement without the pdor 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. TIB Form 190-500 Page 1 of 3 Rev, 2/14/2003 ~"~.~ Washington State Transportation Improvement Board Fuel Tax Grant Distribution 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. 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 wdtten 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 TIB Form 190-500 Page 2 of 3 Rev. 2/14/2003 ~'~ Washington State Transportation Improvement Board t) Fuel Tax Grant Distribution Agreement 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. 8.0 A'I-rACHMENTS Attachment 1 specifies the grant program applicable to this project, identifies the grant recipient, and contains the list of additional documents specific to the project which will be attached and incorporated into this Agreement, together with subsequent amendments, as the project progresses through each phase of design and construction. Approved as to Form This 14th Day of February, 2003 Christine O. Gregoire Attorney General By: Signature on file Jeanne A. Cushman Assistant Attorney General L~~or c.__~3/03 Date Transportation Improvement Board Executive Direc~r Da~e peter B, Lewis' Print Name Print Name TIB Form 190-500 Page 3 of 3 Rev. 2/14/2003 Attachment 1 Urban Programs Project Description and List of Documents to be Attached to this Agreement for each Phase of the Project Project Information Lead Agency: City of Auburn Project Number: 8-1-105(031)-1 Project Title: West Valley Hwy Project Termini: SR 18 N Peasley Canyon Rd to South C/L Project Funding: TIB funds for the project are as follows: Phase Design Construction (requires future approval) Total Grant TIB Funds 232,280 -967,720 $1,200,000 Documents Required at Construction Phase O Construction Prospectus and Certification Form (completed and signed) O Plans and Specifications package O Final engineer's estimate Documents Required at Bid Award Phase O Bid Award Updated Cost Estimate Form O Bid Tabulations O Cost Change Justification Documents Required at Contract Completion Phase O Contract Completion Updated Cost Estimate Form O Final Summary Quantities and Ledger O Cost Change Justification Amendments to Agreement (if any) TIB Form 190-600 Rev. 2/14/2003