HomeMy WebLinkAbout4147RESOLUTION 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 S~ day o~~O~, 2007.
CITY OF AUBURN
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P TER B. LEWIS
MAYOR
ATTEST:
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Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
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Danie B. Heid,
City Attorney
Resolution No. 4147
January 29, 2007
Page 2
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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
Crossin
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 attachmPnts 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
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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 recipienYs 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 ineeting 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. 2/14/2003
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`~~' ~,~ 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
By:
Signature on file
Elizabeth Lagerberg
Assistant Attorney General
Transportation Improvement Board
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Executive Director D e
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Print Name
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Print Name
TIB Form 190-500 Page 3 of 3 Rev. 2/14/2003