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Home My WebLink About12-013 - WA State Transportation Improvement Board - Andover Park West Improvement Grant12 -013 Council Approval 2/6/12 Washington State Transportation Improvement Board Y Fuel Tax Grant Distribution Agreement f LEAD AGENCY: TUKWILA PROJECT NUMBER: 9- P- 116(013) -1 PROJECT TITLE: Andover Park W i PROJECT TERMINI: Tukwila Pkwy to Strander Blvd 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, TIE 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. 64 /G /v S 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. 2/14/2003 t g 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 Transportation Improvement Board �a•13•�a Signatur 4 Chairrrian/W,06f Chairman/W,06 Date Executive Director Date J Print tame Print Name TO Form 190 -500 Page 3 of 3 Rev. 2/14/2003 Attachment 1 Project Funding Summary Project Information Lead Agency TUKWILA Project Number 9- P- 116(013) -1 Project Title Andover Park W Project Termini Tukwila Pkwy to Strander Blvd TO funds for the project are: Phase TIB Funds Design 0 Right of Way 0 Construction 1,420,000 Total Grant 1,420,000 TIB Form 190 -600 Rev. 2/14/2003 l� Transportation Improvement Board Project Funding Status Form Agency: TUKWILA Project Name: Andover Park W Tukwila Pkwy to Strander Blvd Verify the information below and revise if necessary. Return to: Transportation Improvement Board PO Box 40901 Olympia, WA 98504 -0901 TIB Project Number 9 -P- 116(013) -1 PROJECT SCHEDULE s T, N �.�t �f k u Date+�S:hown on z..�r t i k Y� f2evised�Dates �n »-�z. pplica tion h Construction Approval Date Contract Bid Award Contract Completion Apr 2012 Nov 2013 PROJECT FUNDING PARTNERS List additional fundinq partners and amount. Funding partners; Amount a Revised Funding TUKWILA 394,000 WSDOT 0 Federal Funds 0 Impact Fees (in hand) 420,000 Tukwila Enterprise Fund 346,000 TOTAL LOCAL FUNDS 1 1,160,000 Both agency officials must sign the form before returning it to the TIB office. Mayor or Public Works Director Signa r C� f h(l I Printed or Typ�d�4ame Financial Officer Signa��/ Printdd(ooTyped Name Date kwoc Title (J �a -1 i3 )or), Date tJ Title TIB Funding Status Report