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Home My WebLink AboutTrans 2015-12-07 Item 2C - Grant Acceptance - 53rd Avenue South (South 137th Street to South 144th Street) from WA State Transportation Improvement BoardCity of Tukwila Jim Haggerton, Mayor TO: Mayor Haggerton Transportation Committee FROM: Bob Giberson, Public Works Director BY: Robin Tischmak, City Engineer DATE: December 4, 2015 SUBJECT: 53rd Ave S (S 137th St to S 144th St) Project No 99110301 Accept WA State Transportation Improvement Board Grant ,ISSUE Accept funding from the Washington State Transportation Improvement Board (TIB) for the 53rd Ave S street improvement project. BACKGROUND TIB advertises an annual Call for Projects with applications due in late August. The City submitted an application requesting funds for the 53rd Ave S street improvement project between S 137th St and S 144th St. This project is included in the City's Capital Improvement Program (CIP) and was previously submitted without successful funding. This year the 53rd Ave S project was selected for TIB funding for $2,141,400.00 as part of the FY 2017 project selection process. DISCUSSION The grant funds provided by TIB will be used to construct urban street improvements that include curbs, gutters, sidewalks, storm drainage facilities, and pavement reconstruction. The relocation of overhead utilities to underground facilities will also be included in the project, but will be funded primarily using City and Franchise Utility resources. FINANCIAL IMPACT There is currently $190,000 in residential streets and $200,000 in surface water for design of 53rd Ave S. The design funding was approved with City funding in the May budget amendment. State TIB grant funds are for right-of-way and construction only with a 60% local match. There is currently City funding listed in the CIP that will cover the City's match. Council is being asked to accept the Washington State Transportation Improvement Board funding in the amount of $2,141,400.00 for the 53rd Ave S Project and consider this item to the Consent Agenda at the December 14, 2015 Special Meeting. Attachments: Grant Letter & Agreement WAPW Eng\PROJECTS\A- RW & RS Projects\53rd Ave S (99110301)\Grants\lnfo Memo TIB Grant Accept 12-04-15 gi sb.docx 1951 i Councilmember Bob Olson, Chair City of itennew kir Commissioner Richard Stevens, Vice Chair Grant County Jim Albert Office of Financial Management INSDOT Gary Ekstedt, P.E. Yakima County Mayor dames Irish City of La Center Mayor Patty Lent City of Bremerton Mick Matheson, P.E. City of Sultan Heidi Stamm HS Public Affairs John Vodopich City of Bonney take .lay Weber County Road Administration Board Clay White Snohomish County Stevan E. Gorcester Executive Director Washington Transportation Board November 20, 2015 Mr. Bob Giberson, P.E. Public Works Director City of Tukwila 6300 Southcenter Blvd, Suite 100 Tukwila, WA 98188 -2544 Dear Mr, Giberson. Congratulations! We are pleased to announce the selection of your project, 53rd Avenue S, S 137th Street to S 144th Street, TIB project number 8 -1- 116(012) -1. Total TIB funds for this project are $2,141,400. Before any work is allowed on this project, you must: - Verify the information on the Project Funding Status Form, revise if necessary, and sign; - Submit the section of your adopted Six Year Transportation Plan listing this project; - Sign both copies of the Fuel Tax Grant Distribution Agreement; and - Return the above items to TIB. You may only incur reimbursable expenses after you receive approval from TIB. In accordance with RCW 47.26.084, you must certify full funding by November 20, 2016 or the grant may be terminated. Grants may also be rescinded due to unreasonable project delay as described in WAC 479 -05 -211. If you have questions, please contact Greg Armstrong, TIB Project Engineer, at (360) 586 -1142 or e-mail GregA(@tib.wa.gov. Sincerely„ .... . .. ...m�� Stevan Gorcester Executive Director Enclosures 0 0 • ` 19N Washington State Transportation Improvement Board Fuel Tax Grant Agreement i" Avenue S 137th Street to S 144th Street D City of Tukwila ii i 1.0 PURPOSE 3.0 PROJECT DOCUMENTATION ON Fuel "fax Agreement Page 1 of 5 November 2012 33 ashirarcrrr State Transportation Improvement Board - 1116(012) -1 e ®' 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 execution by TO 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. .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 persons authorized to bind each of the Parties. The RECIPIENT shall not assign or transfer its rights, benefits, or obligations under this Agreement without the prior written consent of TIE. The RECIPIENT is deemed to consent to assignment of this agreement by TO to a successor entity. Such consent shall not constitute a waiver of the RECIPIENT's other rights under this agreement. 3.0 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. .1 NON-COMPLIANCE a) In the event TIB determines, in its sole discretion, the RECIPIENT has failed to comply with the terms and conditions of this agreement, TO shall 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 TI's notice of noncompliance, 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 toward compliance pursuant to its plan to correct or implement its amendment to the Project. ) Should RECIPIENT dispute noncompliance, TO will investigate the dispute and may withhold further payments or prohibit the 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, that: F: a el °r x Agreement Page 1 of 5 November 2012 34 TIB may stop Project payments until the requested corrections have been made or the Agreement has been terminated. O` a) In the event of default by the RECIPIENT as determined pursuant to Section 9.2, TIB shall serve RECIPIENT with a written notice of termination of this Agreement, authorized shall be served in person, by email or by certified letter. Upon service of notice of termination, the RECIPIENT shall immediately stop work and/or take such action as may be directed by TIB. b) In the event of default and/or termination by either PARTY, the RECIPIENT may be liable for damages as grant funds, and are in addition to any other rights and remedies provided by law. TERM1NATION FOR NECESSITY 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 RECIPIENT to the terms, conditions and remedies set forth in Section 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's motor vehicle fund and used for a motor vehicle purpose. IM4 F: u ell Tax Agreement IPage 3 off November 2032 35 Washington State Transportation Improvement Board -1- 116(010 -1 " Fuel Tax Grant Agreement 12,0 INDEPENDENT CAPACITY 13,0 INDEMNIFICATION AND HOLD HARMLESS The PARTIES agree to the following: a) The PARTIES shall make good faith efforts to quickly and collaboratively resolve any dispute arising under or In connection with this AGREEMENT. The dispute resolution process outlined In this Section applies to disputes arising under or in connection with the terms of this AGREEMENT. b) Informal Resolution. The PARTIES shall use their best efforts to resolve disputes promptly and at the lowest organizational level, ) Each PARTY agrees to compromise to the fullest extent possible in resolving the dispute in order to avoid delays or additional incurred cost to the Project. F: uO Tax Agreement Page 4 of b November 2012 K %9 , Washington State Transportation Improvement Board 6- 1- 116(012) -1 Fuel Tax Grant 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 Code, and TIB Policies, constitutes the entire agreement between the PARTIES and supersedes all previous written or oral agreements between the PARTIES. 16,0 RECORDS MAINTENANCE If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. Approved as to Forums Attorney General MIM Signature on file Guy I13owman Assistant Attorney General Chie.f Executive Officer P hrat IName, Transportation Improvement Board MUMIMM Fu ell "Tax Agreement ent Page 5 of 5 November 2012 19YA