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Home My WebLink AboutTrans 2013-01-15 Item 2D - Grant Acceptance - Interurban Avenue South from Puget Sound Regional Council (2 Grants)d a TO: City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton Transportation Committee FROM: Bob Giberson, Public Works Director BY: Robin Tischmak, City Engineer DATE: January 11, 2013 SUBJECT: Interurban Ave S — S 143rd St to Fort Dent Way Project No. 90310402 Grant Acceptance for Two Grants ISSUE Accept a PSRC's federal grant in the amount of $2,145,954.00 and a Transportation Improvement Board (TIB) grant in the amount of $5,000,000.00 to construct street improvements on Interurban Ave S from S 143rd St to Fort Dent Way. BACKGROUND In 2012 City staff was authorized to submit grant funding applications for both federal and state (TIB) funds. The grant application for federal funds did not receive an award in the initial review process, but the project was placed on a contingency list. Additional federal funds became available late in 2012 and this project was awarded a portion of the City's original grant request. The grant application for state (TIB) funds was fully funded at the requested amount of $5,000,000. DISCUSSION & FINANCIAL IMPACT Following is a summary of the requested grant amounts as compared to the actual grant award amounts. The federal grant has funding at 86.5% with a 13.5% required City match and the state TIB grant will provide a 45% match for the construction phase of the project. A Public Works Trust Fund loan has been tentatively approved for $2,500,000.00 that will be used for the City's match. With a federal grant below the requested amount, the City match may have to be increased depending on the final construction bid amount. Amount Amount Funding Source Requested Awarded Federal STP Funds $ 5,000,000.00 $ 2,145,954.00 Transportation Improvement Board 5,000,000.00 5,000,000.00 Total $10,000,000.00 $ 7,145,954.00 RECOMMENDATION Council is being asked to accept two (2) grants for the Interurban Avenue South roadway improvement project; a Federal STP grant in the amount of $2,145,954.00 and a state TIB grant in the amount of $5,000,000, and consider these items on the Consent Agenda at the January 22„ 2013 Regular Meeting. Attachments: 2013 CIP, page 21 Grant Award Notification E-mail (Federal) Grant Award Notification Letter (TIB) 'W.' -;PW Eng PROJECTS A- RW & RS Projects Interurban Ave S (90310402) Grant Acceptance tnfoMemo 1-9-13 doc 85 CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2013 to 2018 PROJECT: Interurban Ave S (S 143 St - Fort Dent Way) Project No. 90310402 DESCRIPTION: Design and construct sidewalks, pavement restoration, drainage, and lighting. Pedestrian traffic is forced to walk in traveled way, lighting is substandard, drainage is poor and JUSTIFICATION: pavement failure is accelerating. Completed 90% of design in 2010. Federal STP construction grant submitted in 2012. City received STATUS: a PWTF loan in 2012, deperiderit on State Iegislature in 2013. MAINT. IMPACT: Reduce arinual pavement repairs and increase pedestrian safety, Federal Hwy STP Grant of $389,000 for design, State TIB grant of $5m, proposed Federal grant $3m, COMMENT: PVVTFof$2.5m and $55O.OUUin developer mitigation. FINANCIAL in $000's) 2011 2012 2013 2014 2015 2016 2017 2018 BEYOND TOTAL EXPENSES ( Through Estimated Design Lond(R8m) Const. Mgmt. Construction TOTAL EXPENSES FUND SOURCES Awarded Grant Proposed Grant STP Mitigation PVVTF Loan City Oper. Revenue TOTAL SOURCES 464 464 0 250 150 400 1,300 9,400 10,700 0 0 0 0 0 714 150 1,300 9,400 11,564 389 75 464 0 0 400 0 400 5,000 3,050 550 2,100 0 10,700 0 0 0 0 0 0 0 0 0 5,389 3,050 550 2,500 75 11,564 2013 - 2018 Capital Improvement Program 21 86 Robin Tischmak From: Tracy Murray <TMurray @psrc.org> Sent: Tuesday, December 04, 2012 2:41 PM To: 'pdewey @uw.edu'; 'dorinda.costa @seattle.gov'; 'owen.carter @snoco.org'; Robin Tischmak; 'rcasteel @co.kitsap.wa.us'; ' marwan .salloum @cityoffederalway.com'; 'icabrera @kirklandwa.gov'; 'njensen @ci.lake - forest- park.wa.us'; ' dmarcinko @ci.snoqualmie.wa.us'; 'wolf.c @portseattle.org'; 'burke.d @portseattle.org'; 'pwiech @ci.pacific.wa.us'; 'mdorsey @cityofportorchard.us'; 'aarcher @cityofportorchard.us'; 'wendyc @kitsaptransit.com'; 'gcioc @co.kitsap.wa.us'; jturner @cityoftacoma.org'; 'dgermer @co.pierce.wa.us'; 'dwinkler @cityoflakewood.us'; 'tlee @piercetransit.org'; 'bhunter @piercetransit.org'; 'overbym @soundtransit.org'; lisa.wolterink @soundtransit.org'; 'bmannelly @portoftacoma.com'; jecklund @cityofup.com'; jecklund @cityofup.com'; 'mbethune @cityoforting.org'; jgardner @monroewa.gov'; 'sheikaz @wsdot.wa.gov'; 'hauss @ci.edmonds.wa.us'; 'sics @ci.snohomish.wa.us'; 'matthew.ojala @snoco.org'; 'john.resha @kingcounty.gov'; ' peter.heffernan @kingcounty.gov'; 'overbym @soundtransit.org' Cc: Jeff Storrar; Chris Peak; Kelly McGourty Subject: PSRC 2012 Contingency Funds - Next Steps and Schedule Attachments: Projects Recommended for 2012 PSRC Contingency Funding.pdf Good afternoon, We are getting in touch with project sponsors that were recently awarded PSRC's 2012 contingency funds. As you may know, these projects and PSRC funds must to be adopted into the regional the Transportation Improvement Program (TIP) before they can be accessed. The schedule for this is as follows: • December 14th 2012 — Project sponsor TIP applications due to PSRC • January 24th 2013 —PSRC Executive Board approval • Mid - February 2013 —state approval and incorporation into the STIP (funds can then be accessed) At this time, we are asking that all project sponsors complete the appropriate TIP application(s) and submit these to PSRC no later than Friday, December 14th 2012, if you've not already done so. We'd also like to remind you that PSRC's new web -based TIP application form is now available. You are encouraged to use it, as it will become the main application form for TIP submittals in the near future. This, along with directions for submitting applications, can be found at: http: / / psrc.org/ transportation /tip /applications. Please feel free to contact Jeff Storrar at jstorrar @psrc.org or 206 - 587 -4817, or Chris Peak at cpeak @psrc.org or 206- 363 -7536 , if you have any questions. Thank you TRACY MURRAY PUGET SOLIND REGIONAL COUNCIL 1011 WESTERN AVE, SUITE 500 - SEATTLE, WA 98104 (206) 971 -3277 - TMLIRRAY @PSRC.ORG 87 PROJECTS RECOMMENDED FOR 2012 PSRC CONTINGENCY FUNDING FHWA ATTACHMENT A Regional Project Evaluation Committee Recommendation Sponsor Title Description Funding Source Amount Phase University of Washington / Puget Sound Clean Air Agency UW Burke Gilman Trail Improvement Project (Rainier Vista to 15th Ave NE) Construction of a .3 mile portion of the total UW Burke Gilman Trail Improvement Project, from Rainier Vista to 15th Ave NE. The trail will double in width to approximately 24' and pedestrians and bicycles will be separated except at major intersections. Also included in the project is a bike parking facility at the T -Wing Overpass and a bicycle bridge parallel to the existing pedestrian bridge at the entrance to Lewis Lane. CMAQ $3,022,205 Construction Seattle First Hill Streetcar Broadway Extension (Denny Way - Roy St) The project extends the First Hill Streetcar line, improves speed, reliability and capacity of transit connections between Capitol Hill, First Hill, Yesler Terrace, the Chinatown International District and Pioneer Square. CMAQ $900,000 Final Design and Engineering Snohomish County 52nd Ave W: Lynnwood City Limits to 148th St SW Widen approx. 1.11 miles of 52nd Avenue W to a three -lane arterial, including 12' travel lanes, a continuous 12' left tum lane, 5' bike lanes, curbs and gutters, and bus pullouts. STP $5,500,000 Construction Tukwila Interurban Ave S (S 143rd St to Fort Dent Way) This project will construct new urban roadway amenities to support multi -modal transportation with a focus on adding /enhancing non - motorized and transit related components. The improvements will include reconstructing the roadway pavement section, new curbs, gutters, separated sidewalks, landscaping, illumination, center medians, storm drainage facilities, bus pullouts, traffic signal interconnect, access controls and consolidated driveways. STP $2,145,954 Construction Kitsap County Bucklin Hill Estuary Enhancement and Bridge Construction Project Widen the existing Bucklin Hill Road Bridge from its current constricted 2 lane configuration to a 4/5 lane configuration including sidewalks and bike lanes and remove 2 culverts that restrict the estuary flow of Clear Creek. Additionally, the project will construct a new pedestrian and trail crossing and improve an existing one from the Old Mill Park to the Clear Creek Trail entrance adjacent to the bridge with pedestrian activitated controls. STP $1,000,000 Construction Subtotal: $12,568,159 King Countywide Recommendation Sponsor Title Description Funding Source Amount Phase Federal Way Pacific Highway South HOV Lanes Phase V (S 340th Street to S 359th Street) This project is the last segment of more than 11 miles of improvements on the Pacific Highway South / Interurban Blvd. corridor from Federal Way to Tukwila. The project scope includes reconstructing portions of and widening Pacific Highway South (SR 99), providing HOV lanes, transit shelters, provisions for transit signal priority, curb, gutter and sidewalk on both sides, medians, landscaping, new and modified signal systems, channelization, and other improvements. STP $2,639,331 Preliminary Engineering and Right of Way Kirkland Kirkland ITS Phase II: Totem Lake Regional Urban Growth Center This project incorporates ITS initiatives recommended in the Kirkland ITS Strategic Plan for implementation in the Totem Lake Growth Center. Specific ITS elements included are signal equipment upgrades such as controllers, cabinets, CCTV, detection systems, and fiber optic communication at 27 traffic signals. CMAQ $2,201,141 Preliminary Engineering and Construction Lake Forest Park NE 178th Street Roadway Improvements Phase 2 (Brookside Blvd. NE to 33rd Ave NE) Installation of sidewalks, curb & gutter, roadway resurfacing and widening, storm drain system on both sides and a bicycle lane on one side of NE 178th St. between Brookside Blvd. NE and 33rd Ave. NE. Sidewalk will also be installed on one side of 35th Ave. NE from NE 178th St. to the school playground. STP $101,000 Preliminary Engineering Snoqualmie Kimball Creek Box Culverts The project will replace two structurally deficient bridge crossings on SE Meadowbrook Way with fish passage stream simulation concrete box culverts. STP $195,000 Preliminary Engineering Port of Seattle Terminal 18 Truck Access Improvements The project will reconfigure the southem end of the Port of Seattle's Terminal 18 to relocate the security check and Optical Character Recognition equipment to move the truck queue generated by the security check out of the public right of way and onto Port property. Other project components include fence, light standard and fire hydrant relocation as well as minor demolition and pavement activities. STP $968,066 Construction Pacific West Valley Highway Reconstruction (County Line Rd. to 1st Ave. West) The project consists of widening of this two -lane facility to three lanes (two general purpose lanes and a two -way left turn lane), reconstructing roadway to sub -base, providing pedestrian facilities, and providing stormwater facilities. STP $157,010 Preliminary Engineering Subtotal: $6,261,548 1Kitsap Countywide Recommendation Sponsor Title Description Funding Source Amount Phase Port Orchard Bay St Pedestrian Pathway Purchase Right -of -Way and /or Easements for the Bay Street Pedestrian Pathway Project as needed for the construction of a 1 mile multi -use pathway along the Port Orchard shoreline. STP $340,000 Right of Way Kitsap Transit McWilliams P & R KT operates McWilliams /SR303 park 'n ride with express service to the Bremerton Ferry Terminal. These funds will be used to repave, extend its useful life, and preserve the existing facility before more expensive replacement is necessary. STP $150,000 Construction Kitsap County Division Ave. / Suquamish Way Intersection i nis runaing wiii ortset some or the local County funds contributed to this project; it is already federally funded. The project improves the intersection at Division Ave & Suquamish Way, including a new signal, realignment of Division, crosswalks, and left turn lanes. It is the 5th of 6 phases of improvements; this phase will finish the sidewalk crossing over Suquamish Way, allowing students and residents access to the Tribal Center, grocery store, and residences south of Suquamish Way. STP $40,462 Construction Construction Subtotal: $530,462 Pierce Countywide Recommendation Sponsor Title Description Funding Source Amount Phase Tacoma Historic Water Ditch Trail This project will complete preliminary engineering for the final segments of the Historic Water Ditch Trail. The project will close a two mile gap in the trail by constructing a trail /bicycle facility and a 6' wide pedestrian sidewalk in existing City owned right of way. CMAQ $500,000 Preliminary Engineering Pierce County Countywide and 1 -5 Corridor Transportation Demand Management The project will continue to refine countywide TDM efforts. Coordination will occur with Thurston County and cities in Pierce County on CTR strategies such as rideshare marketing and incentives to commuters along the 1 -5 corridor. A "JBLM TDM Strategic Implementation Plan" for trip reduction will be developed and near -term strategies implemented. Programs to decrease drive - alone trips to the University of Washington - Tacoma campus will also be developed. CMAQ $100,000 Other Lakewood Lakewood Traffic Signal Upgrade, ITS Phase IV This project provides infrastructure needed to continue implementation of Lakewood's traffic signal management system /intelligent transportation project including the expansion of transit signal priority and video surveillance on key corridors within the city. CMAQ $100,000 Construction Pierce Transit Vanpool Vehicle Replacement* Funds toward replacement of aging vanpool fleet. CMAQ $208,775 Equipment Sound Transit Tacoma Link Expansion* Expansion of the existing Tacoma Link light rail line. These funds will complete preliminary engineering and NEPA environmental work needed to extend the current system. STP $272,281 Preliminary Engineering Port of Tacoma Port of Tacoma Road Rehabilitation Remove all surface pavements on the Port of Tacoma Road between E. 11th St. to south of Marshall Way. Replace the pavement section with 10 inches of cement concrete consistent with City of Tacoma Pavement Design Standards for Heavy Haul Industrial Corridors, and install sidewalk where missing. STP $429,040 Design University Place Bridgeport Way Phase 3B This project will provide curb, gutters, planter strips, 6' sidewalks, 5' bicycle lanes, street lights, and median islands. Asphalt overlay will be provided between 54th and 57th streets, and the storm system will be replaced /modified as necessary. Additional improvements include transit shelters and amenities, signal interconnect and intersection improvements. STP $250,000 Construction University Place S. 56th St. and Cirque Drive Corridor Improvements This project will improve the S. 56th /Cirque Dr. corridor with pavement overlays, new sidewalks and curb ramps, bicycle lanes, stormwater treatment, pedestrian crossings /islands, tum lane restrictions, landscaping, lighting, traffic signal interconnects, transit priority, transit station upgrades and pedestrian signals. STP $578,500 Preliminary Engineering Orting Washington Avenue Two -Way Left Turn Lane Improvements This project will construct a new 2 -way left tum lane on Washington Avenue (SR 162) for a distance of 550 linear feet, alleviating backups due to left tum movements. STP $147,000 Design * these are new projects not previously on the approved contingency list, and will be released for public comment Subtotal: $2,585,596 Snohomish Countywide Recommendation Sponsor Title Description Funding Source Amount Phase Monroe Chain Lake Road, Phase 1 The project will connect residential subdivisions lying north of Monroe with the Monroe business district via a shared use pedestrian /bicycle path. Currently this section of Chain Lake Rd is a 2 -lane road with no shoulder and no pedestrian or bicycle faciltiies. This project will provide a 10' shared -use path from an existing 10' path near Country Crescent to Brown Road, a total length of 3500'. CMAQ $131,480 Right of Way WSDOT SR 99 NB /Gibson Rd to Airport Rd - Pedestrian Connectivity This project will construct missing sidewalk segments meeting ADA standards along the east side of NB SR 99 between the vicinity of Gibson Road to the vicinity of Airport Road. CMAQ $484,000 Preliminary Engineering / Right of Way Edmonds Sunset Avenue Overlook Trail This project will provide 2,000' of waterfront trail on the west side of Sunset Ave. from Bell St. to Caspers St. This will complete a missing link from Main St. to 3rd Ave. S. CMAQ $159,000 Preliminary Engineering Snohomish 2nd Street and Lincoln Ave. Intersection Project This project will construct a new traffic signal and related channelization, traffic calming and pedestrian improvements at a key location with respect to minor arterial traffic, walking, biking and transit. STP $620,375 Construction Snohomish County Seattle Hill Road, 35th to 132nd The project will include two 12' travel lanes, a continuous 12' center left tum lane, 5' bike lanes and 5' sidewalks on both sides of the roadway. Curbs, gutters and enclosed stomia drainage will be included for the length of the project, stormwater treatment for flow control and water quality will be improved to comply with current standards and curb ramps and sidewalks will be upgraded per ADA requirements. STP $878,569 Right of Way Other Subtotal: $2,273,424 Replace 4 fixed route coaches providing service to the Central Puget Sound region. FTA Transportation Operators Committee Recommendation Sponsor Title Description Funding Source Amount Phase Intercity Transit Vanpool Van Replacement Replace 30 vanpool vans in service to the Central Puget Sound region. Eamed Share $624,000 Equipment Intercity Transit Capital Preventive Maintenance - 2012 and 2013 Provide routine fixed route coach annual Capital Preventive Maintenance, based on the proportion of revenue miles within the Central Puget Sound region. Eamed Share $806,696 Other Intercity Transit Replace Fixed Route Coaches Replace 4 fixed route coaches providing service to the Central Puget Sound region. Eamed Share $332,695 Equipment King County Ferry District Seattle Central Waterfront Regional Passenger- Only Ferry Terminal PE, initial design and NEPA toward construction of a new regional passenger -only ferry terminal on the central downtown Seattle waterfront, including vessel boarding slips, ticket vending facilities, sheltered passenger waiting and queuing areas, customer information systems, wayfinding signage, and other rider amenities. Additionally, this project will include the assessment of a location and design for an interim facility if this is necessary. Eamed Share $1,240,978 Preliminary Engineering King County Metro Trolley Bus Replacement King County Metro's electric trolley bus fleet is nearing the end of its useful life and needs to be replaced. This project will assist in acquiring replacement trolley buses that will operate on the existing 70 miles of overhead wire infrastructure that services five regionally designated growth centers and twelve locally identified centers. These funds will be put towards the purchase of approximately 155 trolley buses. Eamed Share $2,443,433 Equipment Sound Transit East Link Light Rail Extension* East Link light rail connects Seattle- Mercer Island - Bellevue- Overlake /Redmond (approx. 14.5 miles). The East Link project includes 10 new "East Link" intermodal stations, including over 2,000 P &R stalls and approx. 700 bicycle parking spaces. FTA Regional $588,050 Preliminary Engineering / Final Design Subtotal: $6,035,852 * Since FTA funds are awarded by federal fiscal year, the first priority for the regional contingency list is to advance projects awarded funds in a later year. Sound Transits East Link project is recommended to receive the available $588,050 of 2012 funds, thereby freeing up an equal amount of 2013 funds. This results in a cascading effect, as demonstrated below: Sponsor Title Description Original Award Federal Fiscal Year Extend high capacity transit south from the S. 200th St. Station in SeaTac to the existing Federal Way Transit Center. The goal of this project is to complete NEPA from South 200th St. to Federal Way, including a Final EIS and Record of Decision from FTA, and preliminary engineernig from S. 200th St. to Kent/Des Moines. This work is needed to prepare the next segment of light rail in South King County for final design and construction, with Sound Transit South Corridor Transit Expansion Project anticipated revenue operations in 2023. $1,000,000 _ _ _ 2014 _ _ Due to 2013 & 2014 funds being "freed up" from the 2012 contingency process: $1,000,000 2014 $588,050 2013 New Total Award: $1,588,050 TOTAL 2012 FHWA AND FTA CONTINGENCY FUNDING RECOMMENDATIONS: $30,255,041 Washington State Transportation Improvement Board TIB Members Mayor James Irish, Chair City of La Center Commissioner Mike Wilson, Vice Chair Grays Harbor County Jim Albert Office of Financial Management Councilmember Jeanne Burbldge City of Federal Way Todd Coleman, P.E. Port of Vancouver Councilmember Sam Crawford Whafcom County Kathleen Davis WSDOT Mark Freiberger, P.E. City of Sedro- Woolley Secretary Paula Hammond, P.E. WSDOT Councilmember R.E. Bob Olson City of Kennewick Commissioner Greg Partch Whitman County Laura Philpot City of Sammamish Heidi Stamm HS Public Affairs Harold Taniguchi King County Metro Transit John Vodopich City of Bonney Lake Jay Weber County Road Administration Board Ralph Wessels, P.E. Bicycle Alliance of Washington Clay White Snohomish County Stevan E. Gorcester Executive Director P.O. Box 40901 Olympia, WA 98504 -0901 Phone: 360 -586 -1140 Fax: 360 -586 -1165 www.tib wa.gov November 16, 2012 Mr. Bob Giberson, P.E. Public Works Director City of Tukwila 6300 Southcenter Blvd, Suite 100 Tukwila, WA 98188 -2544 Dear Mr. Giberson: RECEIVE NOV 2 9 2012 TUKWILA PUBLIC WORKS Congratulations! We are pleased to announce the selection of your project, Interurban Avenue S, S 143rd Street to Fort Dent Way, TIB project number 8 -1- 116(010) -1. Total TIB funds for this project are $5,000,000. 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 Improvement Plan listing this project; • Sign both copies of the Fuel Tax Grant Distribution Agreement; • Return the above items to TIB; • You may only incur reimburseable expenses after you receive approval from TIB. In accordance with RCW 47.26.84, you must certify full funding by November 16, 2013 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(a�TlB.wa.gov. Sincerely, Stevan Gorcester Executive Director Enclosures Investing in your local community 94 0Washington State Transportation Improvement Board Fuel Tax Grant Agreement City of Tukwila 8 -1- 116(010) -1 Interurban Avenue S S 143rd Street to Fort Dent Way STATE OF WASHINGTON TRANSPORTATION IMPROVEMENT BOARD AND City of Tukwila AGREEMENT 8- 1- 116(010) -1 THIS GRANT AGREEMENT (hereinafter "Agreement ") for the Interurban Avenue S, S 143rd Street to Fort Dent Way (hereinafter "Project ") is entered into by the WASHINGTON STATE TRANSPORTATION IMPROVEMENT BOARD (hereinafter "TIB ") and City of Tukwila, a political subdivision of the State of Washington (hereinafter "RECIPIENT "). 1.0 PURPOSE TIB hereby grants funds in the amount of $5,000,000 for the project specified above, pursuant to terms contained in the RECIPIENT'S Grant Application, supporting documentation, chapter 47.26 RCW, title 479 WAC, and the terms and conditions listed below. 2.0 SCOPE AND BUDGET The Project Scope and Budget are initially described in RECIPIENT's Grant Application and incorporated by reference into this Agreement. Scope and Budget will be further developed and refined, but not substantially altered during the Design, Bid Authorization and Construction Phases. Any material alterations to the original Project Scope or Budget as initially described in the Grant Application must be authorized by TIB in advance by written amendment. 3.0 PROJECT DOCUMENTATION TIB requires RECIPIENT to make reasonable progress and submit timely Project documentation as applicable throughout the Project. Upon RECIPIENT's submission of each Project document to TIB, the terms contained in the document will be incorporated by reference into the Agreement. Required documents include, but are not limited to the following: a) Project Funding Status Form b) Bid Authorization Form with plans and engineers estimate c) Award Updated Cost Estimate d) Bid Tabulations e) Contract Completion Updated Cost Estimate with final summary of quantities f) Project Accounting History 4.0 BILLING AND PAYMENT The local agency shall submit progress billings as project costs are incurred to enable TIB to maintain accurate budgeting and fund management. Payment requests may be submitted as often as the RECIPIENT deems necessary, but shall be submitted at least quarterly if billable Fuel Tax Agreement Page 1 of 5 November 2012 95 Washington State Transportation Improvement Board 8 -1- 116(010) -1 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 TIB 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. 6.0 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. 7.0 ASSIGNMENT The RECIPIENT shall not assign or transfer its rights, benefits, or obligations under this Agreement without the prior written consent of TIB. The 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 RECIPIENT's other rights under this Agreement. 8.0 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. 9.0 DEFAULT AND TERMINATION 9.1 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, TIB 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 TIB's notice of non - compliance, 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. d) Should RECIPIENT dispute non - compliance, TIB 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: Fuel Tax Agreement Page 2 of 5 November 2012 96 Washington State Transportation Improvement Board 8- 1- 116(010) -1 Fuel Tax Grant Agreement a) RECIPIENT is not making reasonable progress toward correction and compliance. b) TIB denies the RECIPIENT's request to amend the Project. c) After investigation TIB confirms RECIPIENT'S non - compliance. TIB reserves the right to order RECIPIENT to immediately stop work on the Project and TIB may stop Project payments until the requested corrections have been made or the Agreement has been terminated. 9.3 TERMINATION 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, which 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 authorized by law including, but not limited to, repayment of grant funds. c) The rights and remedies of TIB provided in the AGREEMENT are not exclusive and are in addition to any other rights and remedies provided by law. 9.4 TERMINATION FOR NECESSITY TIB may, with ten (10) days written notice, terminate this Agreement, in whole or in part, because funds are no longer available for the purpose of meeting TIB's obligations. 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. 10.0 USE OF TIB GRANT FUNDS 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. 11.0 INCREASE OR DECREASE IN TIB GRANT FUNDS At Bid Award and Contract Completion, RECIPIENT may request an increase in the TIB funds for the specific project. Requests must be made in writing and will be considered by TIB and awarded at the sole discretion of TIB. All increase requests must be made pursuant to WAC 479 -05 -202 and /or WAC 479 -01 -060. If an increase is denied, the recipient shall be liable for costs incurred in excess of the grant amount. In the event that final costs related to the specific project are less than the initial grant award, TIB funds will be decreased and /or refunded to TIB in a manner that maintains the original ratio between TIB funds and total project costs. Fuel Tax Agreement Page 3 of 5 November 2012 97 Washington State Transportation Improvement Board 8- 1- 116(010) -1 Fuel Tax Grant Agreement 12.0 INDEPENDENT CAPACITY The RECIPIENT shall be deemed an independent contractor for all purposes and the employees of the RECIPIENT or any of its contractors, subcontractors, and employees thereof shall not in any manner be deemed employees of TIB. 13.0 INDEMNIFICATION AND HOLD HARMLESS The PARTIES agree to the following: Each of the PARTIES, shall protect, defend, indemnify, and save harmless the other PARTY, its officers, officials, employees, and agents, while acting within the scope of their employment as such, from any and all costs, claims, judgment, and /or awards of damages, arising out of, or in any way resulting from, that PARTY's own negligent acts or omissions which may arise in connection with its performance under this Agreement. No PARTY will be required to indemnify, defend, or save harmless the other PARTY if the claim, suit, or action for injuries, death, or damages is caused by the sole negligence of the other PARTY. Where such claims, suits, or actions result from the concurrent negligence of the PARTIES, the indemnity provisions provided herein shall be valid and enforceable only to the extent of a PARTY's own negligence. Each of the PARTIES agrees that its obligations under this subparagraph extend to any claim, demand and /or cause of action brought by, or on behalf of, any of its employees or agents. For this purpose, each of the PARTIES, by mutual negotiation, hereby waives, with respect to the other PARTY only, any immunity that would otherwise be available to it against such claims under the Industrial Insurance provision of Title 51 RCW. In any action to enforce the provisions of the Section, the prevailing PARTY shall be entitled to recover its reasonable attorney's fees and costs incurred from the other PARTY. The obligations of this Section shall survive termination of this Agreement. 14.0 DISPUTE RESOLUTION 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. c) In the event that the PARTIES are unable to resolve the dispute, the PARTIES shall submit the matter to non - binding mediation facilitated by a mutually agreed upon mediator. The PARTIES shall share equally in the cost of the mediator. d) 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. e) The PARTIES agree that they shall have no right to seek relief in a court of law until and unless the Dispute Resolution process has been exhausted. Fuel Tax Agreement Page 4 of 5 November 2012 98 Washington State Transportation Improvement Board 8 -1- 116(010)4 Fuel Tax Grant Agreement 15.0 ENTIRE 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 The RECIPIENT shall maintain books, records, documents, data and other evidence relating to this Agreement and performance of the services described herein, including but not limited to accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Agreement. RECIPIENT shall retain such records for a period of six years following the date of final payment. At no additional cost, these records, including materials generated under the Agreement shall be subject at all reasonable times to inspection, review or audit by TIB personnel duly authorized by TIB, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement. 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 Form Attorney General By: Signature on file Guy Bowman Assistant Attorney General Lead Agency Transportation Improvement Board Signature of Chairman /Mayor Date Executive Director Date Print Name Print Name Fuel Tax Agreement Page 5 of 5 November 2012 99