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AG 05-193 DATE [N DATE OUT: TO PClrii/Z'lV UfJ, fey I CITY OF FEDERAL WAY LAW DEPARTMENT REQUEST FOR CONTR4.Cr PREPARATlONIDOCUMENT REVIEW/SIGNATURE ROUTING SLIP I. ORIGINATING DEPT.lDIV JLIi{~~t:rtds ____ ____ --.-.--------.- --.------ 2 ORIGINATING STAFF PERSONAL~(L____ EXT :21:LJ 3. DATE REQ BY_______ 4. TYPE OF DOCUMENT REQUESTED (CHECK ONE) o PROFESSIONAL SERVICE AGREEMENT o SECURITY DOCUMENT (EG AGREEMENT & o MAINTENANCE/LABORAGREEMENT PERFi1vlAIN BOND; ASSrGN!\.IENT OF FUNDS IN UEU OF HO[\;D~ o PUBLIC WORKS CONTRACT o CONTRACTOR SELECTION DOCUMENT f'/3 ' o SMALL PUBLIC WORKS CONTRACT (LG.. RFB, RfP, R~Q. (L~<;S THAN $~OO,OOO) o CONTRACT AMENDMENT AG#1)S~ o PURCHASE AGREEMENT) o CDBG (MATERIALS, SUPPUES. EQUIPME""I) )( OTHER o REAL ESTATE DOCUMENT 5. PROJECT NAME: Fuel lAy.. GrtLl.l:LDi2iTi butih1 ~~'e&lYleAt+ =-lAJSh PI- fba ~irLS.c8i 6_ NAME OF CONTRACTOR' [,\-fA- :t1V ifta ADDRESS: Po F[:jJSJ~ I~r . ~vA Cj'l,504-0CJol TELEPHONENf,((5/ir:ll#2- SIGNATURE NAME: "j . '1 _TITLEE;;<&-:: DIIT~____ 7. ATTACH ALL EXHIBITS AND CHECK BOXES )i( SCOPE OF SERVICFS i'(ALL EXHIBITS REFERENCED IN DOCUMENT o INSURANCE CERTIFICATE o DOCUMENT AUTHORIZfNG SIGNATURE 8. TERM: COMMENCEMENT DATE: {{pCn s15'11119--- COMPLETION DATE: ~Ontpl e-no-vl_t.f.pnje C-j- ~. TOTAL COMPENSATION $ f} :2..40. ODO. Oc' (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABO CHARGE-ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOUDA Y RATES) REIMBURSABLE EXPENSE: o YES o NO IF YES, MAXIMUM DOLLAR AMOUNT: $___. IS SALES TAX OWED DYES o NO IF YES, $ PAID BY: 0 CONTRACTOR 0 CITY 10. CONTRACT REVIEW INITIALIDATE APPROVED yf'PROJECTMANAGER 12-/11105 ad1v -----" ,ff DIRECTOR 12/Ift/OS ---"-------~ ;I RISICI.L ..'~n.......J...:.ldEI~T .-- --~~~.._------- JlL ..., ..... --'-"-_.. -- I!. CONTRACT SIGNATURE ROUTING INITIALIDATE APPROVED P"LAW DEPARTMENl ,I.:>.f;;o/ 05 _._~- ;zf CITY MANAGER OJ Pi J 15 w._~__ " CITY CLERK 1J1,).fj 6 oc5 .~___ ----_._~---_..._-- ;6 SIGN COPY BACK T ORGINAfING DEPT. Ji'ASSIGNEDAG# Jq~-- --------,-..---.-- ,-------- lO-4!YRUL,",n15. fLE:,SE CI[,\RCE TO. --11JE-. -7hCVJ ~.J2CJ..I4 us ---.....----.---- :O~~TS p Jeas.v (tSS1(r-~ 1/:--. - --- -"------..- "- ..---- ,---- 0-. .._ _,,_ __'__._ .._~~--. ..-..-....-......-- 7/05 -- ~~) Washington State Transportation Improvement Board ~~ Fuel Tax Grant Distribution Agreement LEAD AGENCY: City of Federal Way PROJECT NUMBER: 9-P-113(OO8)-1 PROJECT TITLE: Pacific Highway South (SR 99) PROJECT TERMINI: Dash Point Rd to S 312th St 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 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, TIS Form 190-500 Page 1 01 3 Rev. 2/14/2003 ---~ #~ . (~J\ 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 TIS determines the grant recipient has failed to comply with the conditions of this Agreement in a timely manner, TIS has the right to suspend or terminate this Agreement. TIS 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. TIS 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 TIS 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 TIS 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 TIS 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 TIS's obligations, or for any reason. If this Agreement is so terminated, TIS 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. TIS Form 190-500 Page 2 of 3 Rev. 2/14/2003 ~~ ~ rui1i Washington state Transporlatlon 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 Attachment 1 specifies the grant program applicable to this project, identifies the grant recipient, and contains the list of additional documents specific to the project which will be attached and incorporated into this Agreement, together with subsequent amendments, as the project progresses through each phase 01 design and construction, Approved as to Form This 14th Day of February, 2003 Rob McKenna Attorney General By: Signature on file Elizabeth Lagerberg Assistant Attorney General Lead Agency Transportation Improvement Board nlAl~ 1~1-2/or Signature of Chainnan/Mayor Da 'be.r4-f: ~~d'o" {",.\-e,;", Stevan Gorcester J);mid Il. MOf101oYf CitYf Manager Print Name Print Name TIB Form 190-500 Page 3 of 3 Rev. 2/14/2003 -- Attachment 1 Urban Programs Project Description and List of Documents to be Attached to this Agreement for each Phase of the Project Project Information Lead Agency: City of Federal Way Project Number: 9-P-113(008)-1 Project Title: Pacific Highway South (SR 99) Project Termini: Dash Point Rd to S 312th St TIB funds for the project are as follows: Phase TIB Funds Design 2,556,981 Construction (requires future approval) 6,683,019 Total Grant 9,240,000 Documents Required at Design Phase o VE Study is required (recommended at 30% design) Documents Required at Construction Phase o Construction Prospectus and Certification Form (completed and signed) o Plans and Specifications package o Final engineer's estimate Documents Required at Bid Award Phase o Bid Award Updated Cost Estimate Form o Bid Tabulations o Cost Change Justification Documents Required at Contract Completion Phase o Contract Completion Updated Cosl Estimate Form o Final Summary Quantities and Ledger o Cost Change Justification Amendments to Agreement (if any) TIB Form 190-600 Rev. 2/14/2003