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