HomeMy WebLinkAboutITEM VIII-B-2
CITY OF
U??RN
WASHINGTON
AGENDA BILL APPROVAL FORM
Agenda Subject: Date:
Resolution to accept a Transportation Improvement Board grant for West April 8, 2008
Valle Highway Improvements
Department: Attachments: Budget Impact:
Public Works Resolution 4328 $ 2,000,000
Administrative Recommendation:
City Council adopt Resolution No. 4328.
Background Summary:
The City received a Transportation Improvement Board (TIB) grant for design and construction of the
West Valley Highway project. The TIB grant is $3 million and requires a $2 million City match.
The project will widen West Valley Highway to three lanes with a sidewalk along the east side. A median
barrier will be installed to eliminate the queue-jumping problem, which has resulted in a number of
accidents. Traffic signals will be improved and illumination will be added to enhance safety. The road will
be reconstructed with a heavy-duty pavement section to accommodate very heavy truck traffic. A new
storm water collection and treatment system will improve the quality of the water before it enters Mill
Creek.
This project is listed in the City's Six Year Transportation Improvement Program 2008-2013 as TIP#15.
The project is consistent with the City's efforts to bring future truck routes up to the truck route standard.
i
W0505-8
175.2.15, 04.9.1
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: May 5, 2008 Item Number: VIII.B.2
.AUBUR.N * MORE THAN YOU IMAGINED
RESOLUTION NO. 4 3 2 8
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR
TO ACCEPT A GRANT IN THE AMOUNT OF THREE
MILLION DOLLARS ($3,000,000) FROM THE
TRANSPORTATION IMPROVEMENT BOARD FOR THE
DESIGN AND CONSTRUCTION OF WEST VALLEY
HIGHWAY IMPROVEMENTS
WHEREAS, the City desires to rehabilitate failing pavement; and
WHEREAS, the City is working towards bringing future truck routes up to current
truck route standards; and
WHEREAS, City policy seeks to expand the sidewalk network; and
WHEREAS, City policy seeks to make roadways safer; and
WHEREAS, the West Valley Highway Improvements will reconstruct the roadway
pavement from SR18 to West Main Street, build a sidewalk along the east side of the
roadway, and construct a variety of safety improvements; and
WHEREAS, the City applied for and has received approval of a Transportation
Improvement Board (TIB) grant in the amount of Three Million Dollars ($3,000,000) to
partially finance the design and construction of the West Valley Highway Improvements;
and
WHEREAS, the estimated project cost is Five Million Dollars ($5,000,000) and the
City is responsible for Two Million Dollars ($2,000,000) in financial match; and
WHEREAS, it is in the best interest of the City to use grant monies to finance
transportation improvements.
Resolution No. 4328
April 15, 2008
Page 1
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 a grant from the
Transportation Improvement Board in the amount of Three Million Dollars ($3,000,000),
pursuant to and 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 , 2008.
CITY OF AUBURN
PETER B. LEWIS
MAYOR
ATTEST:
Danielle E. Daskam,
City Clerk
APP ,ROVED AS TO FOR
L
D niel B. ,
City Attorney
Resolution No. 4328
April 15, 2008
Page 2
Washington State Transportation Improvement Board
Fuel Tax Grant Distribution Agreement
-
LEAD AGENCY: AUBURN
PROJECT NUMBER: 8-1-105(032)-1
PROJECT TITLE: West Valley Highway
PROJECT TERMINI: Peasley Canyon Rd to W Main St
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, TO
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.
TO Form 190-500 Page 1 of 3 Rev. 2/1412003
Resolution No. 4328
Exhibit 1
Washington State Transportation Improvement Board
x 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
Resolution No. 4328
Exhibit 1
Washington State Transportation Improvement Board
Fuel Tax Grant Distribution Agreement
M?
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
By:
Signature on file
Elizabeth Lagerberg
Assistant Attorney General
Lead Agency
Signature of Chairman/Mayor Date
Transportation Improvement Board
Executive Director Date
Print Name Print Name
TO Form 190-500
Resolution No. 4328
Page 3 of 3
Rev. 2/14/2003
Exhibit 1