The URL can be used to link to this page

Home My WebLink About02-05-2007 ITEM VIII-B-3A TY OF =�. X00"00, - WASHINGTON AGENDA BILL APPROVAL FORM Agenda Subject: Date: Resolution No. 4147 January 16, 2007 Department: Attachments: Budget Impact: Public Works Resolution No. 4147 & Exhibit 1 $ 0 Administrative Recommendation: City Council adopt Resolution No. 4147 Background Summary: The City received a Transportation Improvement Board grant for design and construction of the A Street SE Pedestrian Improvement. This project will convert the existing staircases on the east and west sides of A Street SE, under Hwy 18, to ADA accessible ramps. The estimated project cost is $104,900, of which the Transportation Improvement Board granted $68,000 and the City's required match is $36,900. This project is listed in the City's Six Year Transportation Improvement Program 2007-2012. W0205-1 04.9.1, F5.2.15 Reviewed by Council & Committees: Reviewed by Departments & Divisions: ❑ Arts Commission COUNCIL COMMITTEES: ❑ Building ❑ M&O ❑ Airport ❑ Finance ❑ Cemetery ❑ Mayor ❑ Hearing Examiner ❑ Municipal Serv. ❑ Finance ❑ Parks ❑ Human Services ❑ Planning & CD ❑ Fire ❑ Planning ❑ Park Board ®Public Works ® Legal ❑ Police ❑ Planning Comm. ❑ Other ® Public Works ❑ Human Resources Action: Committee Approval: ❑Yes []No Council Approval: ❑Yes ❑No Call for Public Hearing _/—/— Referred to Until _/_/_ Tabled Until Councilmember: Wagner Staff: Dowd Meeting Date: February 5, 2007 Item Number: VIII.B.3 AUBURN *MORE THAN YOU IMAGINED RESOLUTION NO. 4147 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO ACCEPT A GRANT FROM THE TRANSPORTATION IMPROVEMENT BOARD FOR THE DESIGN AND CONSTRUCTION OF THE A STREET SE PEDESTRIAN IMPROVEMENT PROJECT WHEREAS, the City desires to make the City more ADA accessible; and WHEREAS, the A Street SE sidewalk currently has staircases under Highway 18 that are not ADA accessible; and WHEREAS, the A Street SE Pedestrian Improvement will convert the existing staircases on the east and west sides of A Street SE, under Hwy 18, to ADA accessible ramps; and WHEREAS, the City applied for and was granted a Transportation Improvement Board (TIB) grant in the amount of $68,000 to partially finance the design and construction of the A Street SE Pedestrian Improvement; and WHEREAS, the estimated project cost is $104,900, and the City is responsible for $36,900 in financial match; and WHEREAS, it is in the best interest of the City to use grant monies to finance transportation improvements. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Resolution No. 4147 February 5, 2007 Page 1 Section 1. That the Mayor is hereby authorized to accept the Transportation Improvement Board grant for $68,000, in substantial conformity with the agreement attached hereto, marked as Exhibit "1" and incorporated herein by this reference. 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 Resolution shall take effect and be in full force upon passage and signatures hereon. Dated and Signed this day of , 2007. CITY OF AUBURN PETER B. LEWIS MAYOR ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: g - a,• DanieT B. Heid, City Attorney Resolution No. 4147 January 29, 2007 Page 2 ��—►' Washington State Transportation Improvement Board Fuel Tax Grant Distribution Agreement Exti�b'�+ 1 LEAD AGENCY: AUBURN PROJECT NUMBER: P -P -105(P01)-1 PROJECT TITLE: A Street SE PROJECT TERMINI: North side to South side of BNSF Railroad Bridge Crossing 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. TIB Form 190-500 Page 1 of 3 Rev. 2/14/2003 Washington State Transportation 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. 2114/2003 Washington State Transportation Improvement 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 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 In Signature on file Elizabeth Lagerberg Assistant Attorney General Lead Agency Signature of Chairman/Mayor Date Print Name Transportation Improvement Board Executive Director Date Print Name TO Form 190-500 Page 3 of 3 Rev. 2/14/2003