HomeMy WebLinkAbout5338 RESO�UTION NO. 5 3 3 8
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, AUTHORIZING THE
MAYOR TO EXECUTE THE AGREEMENT ACCEPTING
A GRANT FROM THE WASHINGTON STATE
TRANSPORTATION IMPROVEMENT BOARD FOR
DESIGN AND CONSTRUGTION OF THE AUBURN WAY
NORTH SIDEWALK IMPROVEMENT PROJECT
WHEREAS, the City of Aub.urn desires to improve safety and efficiency of Aubum
Way North; and
WHEREAS, the need for sidewalk improvements on Aubum Way North is
recognized in Auburn's adopted Transportation Improvement Program; and
WHEREAS, completing this Prbject will improve the safety and efficiency of Auliurn
Way North; and
WHEREAS, the City received a grant in the amount of $263;250.00 from the
Washington State Transportation Improvement Board (TIB) to assist in the design and
construction of the Auburn V1/ay North Sidewalk Improvement project (Project); and
WHEREAS, the TIB g�ant requires a local funding match of$87,750.00; and
WWEREA3, funding has been made available in the approved City budget to meet
the local funding match requiremenfs for the grant; and
WHEREAS, it is in the best interest of the City to use grant monies to finance
capital improvemenfs to the fransportation sysfem.
NOW, THEREFORE; THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Resolution No. 5338
December 6, 2017
Page 1
Section 1. That the Mayor is hereby authorized to execute an agreement in
substantial conformiry with the agreement attached hereto, marked as Exhib'it "A'`
incorporated herein accepting the grant for $263,250.00 for the Aubum Way North
Sidewalk Improvement Project.
Section 2. ?hat 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 Resolution shall take effect and be in full force upon passage
and signatures hereon.
8
Dafed and Signed this o2� day of , 201�
CITY OF AUBURN
N NCYB S, MAYOR
ATTEST:
F�l.G�°� C /�J-�"�-
Danielle E. Daskam, City Clerk
APPR VED S TO FORM:
niel B. Heid; i y Attomey
Resolution No 5338
December 6, 2017
Page 2
Ex}iiliit A
Weshington State Tianspo�tafion Improvement BoarcJ P-P-905(P03)-1
� Fuel Tax Grant Agreement
CiN ofAuburn
P-R-905(P031-1
Aubum Wav �
2nd St SE to Sth St NE i
__ �
STATE OF WASHINGTON
TRANSPORTATION IMPROVEMENT BOARD
AND
City of Aubum
AGREEb1E1VT
THIS GRANT AGREEMENT(herelnafter°Agreement'�for the Aubum Way, 2nd St SE to Sth St
NE (hereinafter "ProjecC) (s entered into 6y tlie WASHINOTON STATE TRANSPORTATION
IMPROVEMENT BOARD (herelnatter. 'TIB�_ and 6ity of Aubum, a poiftleal subdlvls(on of the
State of Washington(hereinafter"RECIPIENT").
9.0 PURPOSE
TIB hereby grants funds in the ainount of$263,250 for theproJect specffled above,pursuant fo
4erms contained in the RECIPIENTS Grant Application, supporting documentation, chapter
47:26 RCW,,title 479 WAC, and the terms and cond�lons Ilsteci below.
2.0 SCOPE.AND BUDGET
The Project Scope and Budget are initially descritied in RECIPIENT's Grant Application and
Incorporated byreference Into thls Agreement. Scape antl Budget will be Turther developed end
reflned, but not substantially aitered during the Design, Bid Authorization end ConstrucNon
Phases. Any materiat alteraHon"s to the original Project Scope orBudget as ini�ally described in
the GrantApplication must be authorized by TIB in advance bywritten amendment.
3.0 PROJECT DOCUMENTATION
TIB requires REC�PIENT to make reasonable progress and submit timety ProJect
documer�taffon as appQcahle throughout the Project. Upon RECIPIENT's submission of'each
Project document to TIB,the terms contained in�he document will be inaorporated 6y reference
Iinto the P;greement. 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 Es4imate
d) Bid Tabulations
e) Contract Completion Updated Cost Estirrmate with finel summery of guan4ft(ea
� PrajectAccounting History
4.0 BILLING AND PAYMENT
�
The local agency sfiail submit progress biilings as project costs are Incurred to enable TIB to
maintain accurate budgeting and fund management. Payment requests may be submftted as
often as tlie RECIPIENT deems necessary, but shall be submitted at least quarterly H billable
Fuel Tez F�qreemenl Pege 1 of 5 November 2012
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Weshington State Tranaportetfon improvemenf BoeN P-P-105(P03)-1
Fuel Tax Granf Agreement
� amounb are greater than$50,000. If progress billings ere not submitted,large paymerds may •
be deiayed or acheduled in a payment plan.
5.0 TERM OF AGREEMENT
Thls Agreement shall be effective upon execution by TIB and shall contlnue through closeout of �
the grant or unUi terminated as provided hereln, hut shall not exceed 10 years unfess amended I
by the Partles.
B.0 AMENDMENTS
This Agreemant may be emended 6y mutual egreement of the Perties. Such emendments eha0
not be binding unless they are In writlng and signed by persons euthorized to bind eech oP ihe
Perdes.
7.0 ASSIONMENT
The RECIPIENT shall not assign or transfer Its rights, beneflts, or obligatlons under this
Agreemen4 without the pr.lor written consent of TIB. The RECIPIENT is deemed to conseM to
asaignment of this Agreement by TIB to a successor entity. Such consent shall not consfitute a
waiver of the RECIPIENT's other.rights under this Agreement.
8.0 OOVERNANCE'&VENUE
This Agreement shall be construad and interpreted In accordance with the laws of,the state o4
Washington and venue of any action brought hereunder shall be in the Superior Court 1br
Thurston CouMy.
9.0 DEFAULT AND TERMINATION
9.1 NON-COMPLIANCE
a) In the event TIB determines, In its sole diacretion,the RECIPIENT has failad to
comply with Uie terms and conditlons of this Agreement,TIB ahall notity the RECIPIENT,
in writing,of the non-compliance.
b) In response to the notfce, RECIPIENT shall provide a written response within 10
business days oi recelpt of TIB's noUce of non-compliance,which should indude elther a
detailed plan to correct tha non-compllance, a request to amend tha ProJect, ora denlal
accompanled by supportlrig defails.
c) TIB wlll provide 30 days far RECIPIENT to make reasonable prbgreas toward
compllance pursuant to its plan to correct or fmplement ks amendment to the Project. _
d) Should RECIPIENT dispute non-compliance,TIB will Investigate the dlspute end
may withhold further paymeots or prohibR the RECIPIENT from incurring additlonel
relmbursabie coats during 4he Investigallon.
92 DEfAULT
REGIPIENT mey be consldered In defauft if TIB deterrnines, in its sole discretion,that:
FuelTaxAgreemeM Page2of5 Novam6ar2012 � �
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� wasnr��ron sr�rs r�,�oneao�rmpr��em�,�eo� P-P-in5(P03)-1
Fwel Tax Grant Agreement
a) RECIPIENT fs not making reasonable progress towaM cortection and
compllence.
b) TIB deniea the RECIPIENT's requestto amend the ProJect.
c) After investlgation TIB conflrms RECIPIENT'S non-compllance.
TIB reserves the right to order RECIPIENT to ircimediately atop work on khe ProJect and '�
TIB inay stop ProJect payments until the requested coreectlone have been mede or the �
Agreemerit fias been termirrated.
9.3'TERMINATIDN
a) '" In the event of defeult by the RECIPIEN7'as dstertnined pureuant to Secdon 9.2,
TI8 shall serve RECIPIENT wtth e writte�notice of teCminetion of 8ils Agreement,which
ehall be served fn person,by emali or try cettlfied letfer. Upon service of no4lce of
tettninaUon,the RECIPIENT shall Immedtafelys4op work andJor take auch actlon as may
be dlrected by TIB. ,
b) In the eVent of detault and/or termination by either PRFtTY, the I�ECIPIENT may
. be Ilable for damages�s authoriaed by lew Includ.ing,but not Ilmlted to, repayment of
grent funds.
• c) The rights and remedles of TIB provided in tha AGREEM'ENT ere not excluslve
and ere in addiflon to any other rights end remedl�s ptovided tiy law.
9.4 TERMINA�'ION FOR NECESSITY _
TIB mey,with ten (10)days written noUce,terminate this Agreement, In whole or in part,
because funds are no langer aveFlable tor the purpose of ineetMg Ti8's obllgaHona If
this Agraement Is so terminated,T16 shall be Ilabls only for paymerit requlred under this
Agreement for pertormance rendered or costs incurred prior to t6e effecti4e date of
fermination.
10.0 USE OF TI6 GVZANT FUND6
Tis grant 4unds come from Motor Vehicte Fuel Tax revenue, Any use ot these funds for
anything other than hlghway or roadway eystem Jmproyements le pr4hlbited arid aha0 Subject
the RECIPIENT to the terms, conditfons and temedies set forth In$ecsHon 9. If Right of Way fa
purchased using TIB funds, and some or all of the RIgM of Wey Is subaequently sold,proceeds
from fhe sale mpsf be deposited Into the REGIPIENTs motor vehicle fund and used for a motor
vehlcle purpose. '
11.0 INCREASE OR DECREASE IN TB GRANT FUNDS
At Bid Award and Gonfract Completlon, RECIPIENT may request an increase In the TIB funds
for the specific proJect. Requeats muat be made in wr(Ging and wili be consldered by T18 and
awarded at the sota discretlon of TIB. RII Increase requests rtiust he mede pursuentto WAC
479-05-202 and/or WAC 479A1-060. If an increase is denletl,the recipfent shali be Ileble for
costs Inourred in excess of the grent amount. In the event tliat flnal costs related to the apeciflc
proJect are less than the Initiat grant ewaM,TIB funds wiil be denreased end/or reTunded to TIB
In a manner that maintalns the origlnal ratio between TIB funds and total pro)ect coats,
Fuel Tax Agreement Page�3 oP5 Novambcr 2012
Weshfngton Stsfe TiansporteNon lmprovement Boerd P,P-105(P09}?
' Fuel Tax Grant Agreement
12 0 INDEPENDENT CAPACITY �
The RECIPIENT shall be deemed an independent contractor tor all purposea and 4he
employees of the RECIPIENT or any of its coritractoB, subcontractors,and employees 4hereof
shall not In any manner be deemetl employeea of TIB.
13 0 INDEMNIFICATION AND HOLD HARMLESS
The PARTIES agree to the fol{owing: �
Each oP the PAR7IES,shall ptrotect, defend, IndemnHy, and save harmless the other PARTY, Its
otficers, offlclals, employees, and egents,while ac4ing wfthin the scope of their employment as
such,from any and atl coats, clalms,Judgment, end/or awaMs of damages, adsing out of,or in
any way resutting from,that PAR1Y's own negligent acts or omiselans,which may arlse In
connectlon with Its perFormancs under fhis Agreemerrt. Plo PARTY wlll be requlred to
Indemnly, defend, or save herinlesa the other PARTY if the claim, suft, oractlon for InJuties,
death, or damages Is caused by the aole negllgence of the ofher PAFtTY. Where such clafms,
sults,or acUons result from the concurrent negllgence of the PARTIES;the Indemnity provislons
_
provlded,hereln shall be valid.and errforoeable only to the sxtent of a PARTY'e own negllgence.
Each oPthe PARTIES egrees that Its obligetions,underthis sutiparagraph entend to eny claim,
demand and/or cause of action brought by,or on behaff of,_any of Ita emptoyees or agenta., For
thls purpo5e, each of the PARTIES, by mutual negotietion,hereby waive.s,wfth respect to the
other PARTY only, any immunity thefwould othervvisebe availa6le to It agalnaf such clalms
under tFie lndustrial Insurance prov_iafon of Title 61 RCW. In any actlon to enforce the provislons
of the Section,the prevalling PARTY shall bs entltled to recover ifs reasonable attomey's feas
and cosfs Incurred from the other PARTY.The obligatlons of this SecUon shall aurvHe
tertninatfon of this Agreement.
14.0 DI6PUTE RESOI.UTION
a) The PARTIES shall make good faith efForts to qulckly and collaboradvely resolve eny
dispute arising under or in connection with thls AGREEMENT.The dispute resolutlon
process oudined fn this Sectlon applies to disputes arising under ar In connecNon with
the terms of this AGREEMENT.
b) Inlormel Resolufion. The PAFtT'IES shall use thelr best efforts to reaolve disputes
promptty and at the lowest organizsdonal level.
c) In the event that the PARTIES are unable to resolde the dispute,the PARTIES shall.
submit th'e matter to non-binding mediatlon faciliteted by a mutually agreed upon
mediator.The PARTIES shall share equally in 4he cost of the mediator. ,
cq Each PARTY agrees to compromise to the fulleat extent posslble !n res.olvfng the dlspute
In order to a4oid defays or additfonel Incurred cost to the RroJect
e) The PARTIES agree that.they shall have no right to seek reliefln a court of law untll and
unless 4he Dlspute Resolution process has been exhausted.
FuelTezAg�eamant � P9go4af5 Novomber2011 ,
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Wash/ngton Stete Tranapatatlon Impmvemenf Board P-P-108(P03)-1
' Fuel Tax Grant Agreement
],�0 ENTIRE AGREEMENT
Thle Agreement,together wlth the RECIPIENTS C3rant Appllcatlon,the provislons oT chaptar
4Z.26 Revised Code oP Washington,the provisions of tftle 479 Weshington AdminlairaHve Code,
and TIB Policiea, conatitutea tho entlre egreement belween the PARTIES and supersedes ell
prevloua written or oral agreements between the PARTIE§.
18.0 RECOROS MAINTENANCE �
The RECIPIENT shell meintain books,recorde, documents, date and other evldence relapng to
tliis Agreement end pertormsnce of fhe servioes deacri_tied hereln,Including buf not Iimlted to
accounting procedures and practicea which sufflolently and properly reflect all direct and indirect
costs ofi any nature expended In the performance oP this Agreement. RECIPIENT ahell retain
such records for e perlod oP elx years inllowing the date of flnal payrment. At no addltlnnel cost,
these records, including mateflals genereted under the Agreement shall be subJect at ell
reasonable Umes to inspecHon, rsview or audlt by TIB peisonnel duly authorized by�B,the
Offlce oP tHe Stste Auditor, and federal and atete officiels so euthodzed bylew, regulation or
agreemant
If any IlUgatlon, clalm or audit is atqAed before the eupfraUon of the aix(8)year period,the
recortle shall he retained until ell litigation, clalms,or eutlit ftndings Involding tl�e records heve
been resolVed.
Approved as to Form
Attorney General
By:
Signature on flle
Guy Bowman
Asslatant Attorney Generel
Lead Agency Transportatfon Improvement Board
'�'�D
�"CNe}Dre v ffloer� Date � � B�ecuUVB Direotot Dete
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PAnt Neme ._ . . . PdM Nema
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FuelTpxAgreemerit Paqa5of5 Novanbor2012 �
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��� Washington State Transpor(ation Improvement Board P-P-105(P03)-1
j Fuel Tax Grant Ag�eement
Citv of Aubum RECEO���
P-P-105(P031-1
Aubuin 1Nav �AN 1 7 2�1�
2nd St SE fo 5th St NE
E����;
STATE OF WASHINGTON
TRANSPORTATION IMPROVEMENT BOARD
AND
City of Aubum
AGREEMENT
THIS GRANT AGREEMENT (hereinafter "AgreemenY') for the Auburn Way, 2nd St SE to 54h St
NE. (hereinafter "ProjecY') is entered into by the WASHINGTON STATE TRANSPORTA'I'ION
IMPROVEMENT BOARD (hereinafter "TIB") and City of Aubum, a political subdivision of the
Sfate of Washington (hereinaffer"RECIPIENT").
1.0 PURPOSE
TIB hereliy grants funds in the amount of$263,250 for the project specified above, pursuant to
terms contained in the RECIPIENT'S GrantApplication; supporting documentation, chapter
47.26 RCW, tifle 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 Appiication 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
4he Grant Application must be aufhorized by TIB in advance by written.amendment.
3:0 PROJECT DOCUMENTATION
TIB requires REGIPIENT to make reasonable progress and submit fimely Project
documentation as applicable throughout the Project. Upon RECIPIENT's submission of each
Project document to TIB, the term"s confained in tHe document will be incorporated 6y�eference
irito the Agreement. Required doouments include, but are not limited to the following:
a) Project Funding Status Form
b) Bid Authorization Form with plans and engineers estimate
c) Aw.ard Updated Cost Estimate
d) Bid Tabulations
e) Contract Completion Updated Cost Estimate with final summary of quantities
� 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. Paymenf requests may be submitted as
often as 4he RECIPIENT deems necessary, but shall be submitted at least quarterly if billable
Fuel Tax Agreement Page 1 of 5 November 2012
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���� Washingfon State Transportation Improvement Board P-P-105(P03)-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 ezecution 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 amen.d.ments shall
not bebinding 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 transferits rights, benefits, or obligations under4his
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
waider of the RECIPIENT's other rights under tfiis 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-COMPUANCE
a) In the event TIB determines, in its sole discretion, fhe RECIPIENT has failed to
comply with the terms and conditions of tliis Agreement, TIB sh.all 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 3oward
compliance pursuant to its plan to correct or implement its amendment to the Project.
d) Should RECIPIENT dispute non-corripliance, TIB will investigafe the dispute and
may withhold further payments or prohibit 4he 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, 4hat
Fuel Tax Agreemen� Page 2 0l'S Nnvember2012
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�� INashington State Transportation Improvemenf Board P-P-105(P03)-1
t Fuel Tax Grant Agreement
a) RECIPIENT is not making reasonable progress toward correction and
compliance.
b) TIB denies the REGIPIENT's request to amend tHe Project.
c) After investigation TIB confirms RECIPIENT'S non-compliance.
TIB reserves the right to order RECIPIENT to immediately sfop work on the Project and
TIB may stop Project payments until tfie requested co��ections have been made or the
Agreement lias 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,no.4ice of termination of this Agre.ement, which
shall be served in person, by email or by certifed letter. Upon service of notice of
terriiination, the RECIPIENT sliall immediately stop work and/or take-such action as may
be directed by TIB.
b) In the event of default and/or termination 6y either PARTY, ttie RECIPIENT may
be liable fo�damages as autliorized by law including, but not limited to, repayment of
grant funds.
c) The rights antl remedies of TIB proVided in tlie AGREEMENT are,hot exclusive.
anii are in addition fo any otFier rights and remedies provided by law.
9.4 TERMINATIONFOR NECESSITY
TIB may, witfi ten (10) days written notice, terminate this Agreement, in whole or in part,
because funds are no longeravailable for the purpose of ineeting TIB's obligations. If
thisAgreement is so terminated, TIB shall be liable o.nly forpayment reguired undeFthis
Agreement for perfoYmance rendered or costs inourred prior fo 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 RECIPIENTto the terms, conditions and'remed,ies set forth in Sec4ion 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'smotor Vehicle fund and used for a motor
vehicie purpose.
_.
11.0 INCREASE OR DECREASEW SIB 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 af the sole discretion of TIB. All increase requests musl 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 4he specific
proje.ct are les"s thah the initial grant award, TIB funds will be decreased arid/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 Improvemeht Board P-P-105(P03)-1
�V�j Fuel Tax Grant-Agreement
12.0 INDEPENDENT.CAPACITY
The RECIPIENT shali be deemed an indep.endent contractor for all purposes and the.
employees of the RECIPIENT or any of ifs contractors, subcontractorg, and employees thereof
shall not in any mannerbe deemed employees of TIB.
13A INDEMNIFICATION AND HOLD HARMLESS
The PARTIES agree to 4he following:
Each of the PARTIES, shall protect, defend, indemnify, and save harmless the otherPARTY, its
officers, o,fficials, employees, and agents, while acting within thescope of their employment as
such, from any and all costs, claims,judgment, and/or awards of damages, aYising ouYof, or in
.- -
any way resulting from, that PARTY's own negligent acts oromissionswhich 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`daim, suit, or action for injuries;
death, or damages is caused by the sole negligence of the other PARTY. Where such claims,
suits, or actionsresult from the concurrent negligence of the PARTIES, the indemnity provisions
provided herein shall be valid,and enfo.rceable only to fhe 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 PAR'fY only,any immunity that would.otherwise be available to it against such claims
under the Industrial Insurance provision of Title 51 RCW. In any ac4ion to enforce the provisions
of the Sec4ion, 4he prevailing PARTY shall be entitled to recover its reasonable attomey's fees
and costs incurred from the o4her PARTY. The obligations of tfiis Section shall survive
termination of this Agreement.
14.0 DISPUTE RESOLUTION
a) The PARTIES sh"all make good faith efforts to quickly and collaboratively resolye any
dispute arising under or in connectio,n with this AGREEMENT. The dispute resolution
process outlined in this Section applies to disputes arising under or in connection with
the terms of 4his AGREEMENT.
b) Informal Resolution. The PARTIES shall use their best efforts to [esolve dispu#es
promptly and at the lowest organizational level.
c) In the event that the PARTIES are unable to resoive 4he dispute, fhe PARTIES shall
subm'it 4he mafter to non-binding mediation facilitated liy a mutually agreed upon
mediator. The PARTIES shall share equally in the cost of the mediafor.
d) Each PARTY agrees to compromise to the fullest extent possible in resolving the dispute
in orderto avoid delays or additional incu�red cost to the Project.
e) The PARTIES agree that they shall haye no right to seek relief in a court oflaw until and
unless fhe Dispute Resolution process has been exhausted.
Fuel Tax Ag�eemenl Page 4 of'S November 2012
���� Washrngton State Transportation Impcovement Board P-P-105(P03)-1
f Fuei Tax Grant Agreement
15A_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 Gode,
_._
and TIB Policies, constitutesthe entire agreementbetween 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
ttiis Agreement and performance of the services described herein, including but not limited to
accounting procedures and.practices which sufficientty and properly reflect all direct and indirect
costs of any nature expended in the performance of this Ag�eement. RECIPIENT shall refain
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 subjectat all
__. __
reasonable times to inspection, review or audit by TIB p.ersonnel duly autho.rize.d by TIB, the
Offce of the State Auditor, and federal and state officials so autho�ized by law, regulation or
agreement.
If any litigation, claim or aud'it is startetl before the expiration of the six(6) year p:erio.d,.the
records.shall be retained until all litigation, claims, or audit findings involving the records have
been resolved.
Approved as to Form
Attorney General
ey:
Signature on file
Guy Bowman
Assistant Attorney General
Lead Agency Transportation Improvement Board
� � ' ' �`�� `J/i.n��V`�L1.r.� � i 3/lJ 1�
Chief Execu ficer � " �Date � - ""- � te utive Director Da—�
.�st�1-�� '�-����I-
- rint ame PrintName
Fuel Tax Agreement Page 5 of 5 November 2012