Loading...
HomeMy WebLinkAboutCOW 2010-04-12 Item 5H.3 - Grant Agreement - Southcenter Parkway Extension from WA State Transportation Improvement Board for $2,000,000CAS NUMBER: 10-044 AG] NDr\ ITEM TrTI.,E C, \TIGORY SPONSOR'S SUMMARY REVIEWED BY EXPENDITURE REQUIRED MTG. DATE 4/12/10 4/19/10 MTG. DATE 4/12/10 Meeting Date 04/12/10 04/19/10 COUNCIL AGENDA SYNOPSIS Prepared by LV LV ITEM- INFORMATION 1 ORIGINAL AGENDA DATE: APRIL 12, 2010 ev Authorize the Mayor to sign various contracts which collectively provide funding and will allow construction to begin on Southcenter Parkway Dzircussion Motion n Resolution Mtg Date 4/12/10 Mtg Date 4/19/10 Mtg Date I SPC )NSOR n Council Mayor Adm Svcs DCD Finance Fire Legal n P &R Police PI/ The Tukwila South Development Agreement calls for the City to relocate and construct a 5- lane Southcenter Parkway Extension. To start construction, City needs to accept the CERB, Capital Projects and TIB grants; to sign an Interlocal Agreement with Highline Water District; to sign two agreements with PSE; to amend the construction management contract with KBA, Inc; and to award the construction bid to Scarsella Bros, Inc. Construction cost is $16,030,030.64 paid by state /federal grants, Highline, and city bonds. COW Mtg. CA &P Cmte F &S Crnte Transportation Cmte Utilities Cmte n Arts Comm. n Parks Comm. n Planning Comm. DA 1 4/5/10 RECOMMENDATIONS: SPONSOR /ADMIN. Mayor's Office COMMITTEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE AMOUNT BUDGETED APPROPRIATION REQUIRED Initials Mayor's Btezv 1 ,,siyzncilzeviezv I'k n Ordinance RECORD OF COUNCIL ACTION ITEM No. Bid Award n Public Hearing Other Mtg Date Mtg Date 4/19/10 Mtg Date Mtg Date Fund Source: Multiple funding sources; see attachment "Southcenter Parkway Expenses /Revenues Chart 4 -5 -10" ATTACHMENTS Informational Memorandum dated 4/5/10 State Capital Projects Grant Contract for $3.98 million State Community Economic Revitalization Board Grant Contract for $6 million Transportation Improvement Board Grant contract for $2 million Highline Water District Interlocal Agreement Puget Sound Energy Project Plan Agreement, estimating costs to be $241,400 Puget Sound Energy Construction Agreement for $241,400 Amendment to Contract with KBA for $2,453,950 Bid Award to Scarsella Brothers for $16,030,030.63 Southcenter Parkway Expenses /Revenues Minutes from the Transportation Committee Meeting of 4/5/10 1 33 TB Members Commissioner Greg Fetich Chair, Whitman County Mayor James Irish Vice Chair, City of La Center Teresa Berntsen Office of Financial Management Councilmember Jeanne Burbidge Cify of Federal Way Todd Coleman, P.E, Port of Vancouver Councilmember Sam Crawford Whatcom County Kathleen Davis WSDOT Mark Freiberger, P.E. City of Sedro Woolley Councilmember William Gothmann, P.E. City of Spokane Valley Secretary Paula Hammond, P.E. WSDOT Dick McKinley City of Tacoma Dave Nelson Grant County Heidi Stamm HS Public Affairs Harold Taniguchi King County Metro Transd Steve Thomsen, P.E. Snohomish County John Vodopich City of Bonney Lake Jay Weber Courtly Road Administration Board Ralph Wessels, P.E. Bicycle Alliance of Washington Commissioner Mike Wilson Grays Harbor County Stevan Gorcester Executive Director P.O. Box 40901 Olympia, WA 98504 -0901 Phone: 360-586-1140 Fax:360 -586 -1165 www.tib.wa.gov Washington State Transportation Improvement Board March 29, 2010 Honorable Jim Haggerton Mayor City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Dear Mayor Haggerton: The TIB Board authorized the restoration of $2,000,000 in TIB funds from contingency for the Southcenter Parkway Extension Project at the March 26, 2010 Board meeting. Two copies of the Fuel Tax Distribution Agreement have been enclosed. Sign both copies of the Fuel Tax Agreement and return them to TIB; Once the agreement is fully executed a copy will be returned to the city for your records. You may now award the construction contract. We would be happy to assist you with any questions. You can contact Greg Armstrong, TIB Project Engineer, at (360) 586 -1142 or via e -mail at GregA @TIB.wa.gov. Stevan Gorcester Executive Director cc: Bob Giberson, Public Works Director Gail Labanara Tukwila Accounting Lisa Verner Tukwila Project Manager Terri Smith, Department of Commerce CERB Program Emily Hafford, Department of Commerce, Capital Projects Investing in your local community Attachment 3 RE CEIVED ArKQ 12010 r UKNILA (PUBLIC WORKS 205 206 1 LEAD AGENCY: 1 PROJECT NUMBER: 1 PROJECT TITLE: PROJECT TERMINI: 1.0 PURPOSE Washington State Transportation Improvement Board Fuel Tax Grant Distribution Agreement 1 City of Tukwila 9- P- 116(011) -1 1 Southcenter Pkwy Extension S 180th St to S 200th St 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 207 208 7.0 TERMINATION TIB Form 190 -500 Washington State Transportation Improvement Board Fuel Tax Grant Distribution Agreement 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 Hands 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. Page 2 of 3 Rev. 2/14/2003 By: 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. Approved as to Form This 14th Day of February, 2003 Rob McKenna Attorney General Signature on file Elizabeth Lagerberg Assistant Attorney General Lead Agency Transportation Improvement Board Signature of Chairman /Mayor Date Executive Director Date TIB Form 190 -500 Print Name Print Name Page 3 of 3 Rev. 2/14/2003 209