AG 05-193 - WA STATE TRANSPORTATION IMP BOARD
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 .-- --~~~.._-------
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..... --'-"-_..
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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 ---.....----.----
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7/05
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~~) 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
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#~ .
(~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
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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