AG 15-049 RETURN TO: J e3o►CQ
EX T:
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
1. ORIGINATING DEPT/DIV: PUBLIC WORKS/STREETS
2. ORIGINATING STAFF PERSON:JOHN MULKEY EXT:22 3. DATE REQ.BY:ASAP
4. TYPE OF DOCUMENT(CHECK ONE :
❑ CONTRACTOR SELECTION DOCUMENT(E.G.,RFB,RFP,RFQ: SIALLORLIII TEDPIBLIOSCNTCT
❑ PUBLIC WORKS CONTRACT C WRK ORA
❑ PROFESSIONAL SERVICE AGREEMENT MINTENAN AGREEMENT
❑ GOODS AND SERVICE AGREEMENT HMAN SERCES CDBG❑ REAL ESTATE DOCUMENT SCRITY DUMENT(E.G.BOND RELATED DOCUMENTS)❑ ORDINANCE RSLUTION❑ CONTRATAMENDMENT(AG#):' IERLOCAL
OTHER ASHINGTON STATE TNSPRTATION IMPROVEMENBOARD FEL TAX GRANT AGREEMENT
5. PROJECT NAME:S 352ND STREET EXTENSION(SR 99 TO SR 161)
6. NAME OF CONTRACTOR:WASHINGTON STATE TRANSPORTATION IMPROVEMENT BOARD
ADDRESS:PO BOX 40901,OLYMPIA,WA 98504-0901 TELEPHONE:360-586-1140
E-MAIL: FAX
SIGNATURE NAME:STEVAN GORCESTER TITLE: EXECUTIVE DIRECTOR
7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE,WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL
OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS
CFW LICENSE# BL,EXP. UBI# ,EXP. 11
m•1 COMPLETION DATE: ` �v JYf��l'�,U -.
H. TERM: COMMENCEMENT DATE:,Cif �YG'G�'��-.
9. TOTAL COMPENSATION:$4,000,000 TO CITY (INCLUDE EXPENSES AND SALES TAX,IF ANY)
(IF CALCULATED ON HOURLY LABOR CHARGE-ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES)
REIMBURSABLE EXPENSE: ❑YES ❑NO IF YES,MAXIMUM DOLLAR AMOUNT: $ (UNCHANGED)
IS SALES TAX OWED: ❑YES ❑NO IF YES,$ PAID BY ❑CONTRACTOR ❑CITY
❑ PURCHASING: PLEASE CHARGE To:306-4400-170-595-30-650
10. DOCUMENT/CONTRACT REVIEW INITIAL/DATE REVIEWED INITIAL/DATE APPROVED
PROJECT MANAGER
(DIVISION MANAGER
DEPUTY DIRECTOR ���■1111EZe
,DIRECTOR /____
❑ RISK MANAGEMENT (IF APPLICABLE) q
t . LAW DEPT 'r-/9//11* 1 /
11.,COUNCIL APPROVAL(IF APPLICABLE) COMMITTEE APPROVAL DATE: i/// S COUNCIL APPROVAL DATE:l`LLC/s
iJe, 1`)
12. CONTRACT SIGNATURE RDUTING /SO /S
❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D:
❑ ATTACH: SIGNATURE AUTHORITY,INSURANCE CERTIFICATE,LICENSES,EXHIBITS
INITIAL/DATE SIGNED
❑ ck(e-F o.(' 5t ch./0i 9f✓L •
IGNATORY R DIRECTOR) .4 ;&-
❑ ASSIGNEDAG# A CITY CLERK i/ �i�i�s 0.-7 /5
I\ ��
SIGNED COPY RETURNED DATE SENT: 1 10I
N❑RETURN ONE ORIGINAL
COMMENTS: l!
EXECUTE" 2 "ORIGINALS 2''''\C We/", AC / / �O /
CITY SIGNS FIRST 5,-/A'-e(,'i�� ! Lit C i/S i/S �1 o rt ��J �%/ /�J�9�J vC l l� �5-
11/9
1\%�� Washington State Transportation Improvement Board 8-1-113(010)-1
7 Fuel Tax Grant Agreement
City of Federal Way
8-1-113(010)-1
S 352nd Street extension
Enchanted Parkway (SR 161) to Pacific Highway S (SR 99) . eC IvE
PER
4 2015
STATE OF WASHINGTON
TRANSPORTATION IMPROVEMENT BOARD ""
AND
City of Federal Way
AGREEMENT
THIS GRANT AGREEMENT (hereinafter "Agreement") for the S 352nd Street extension,
Enchanted Parkway (SR "
161) to Pacific Highway S (SR 99) (hereinafter "Project") is entered
Y ( ) 9 Y ( ) ( J )
into by the WASHINGTON STATE TRANSPORTATION IMPROVEMENT BOARD (hereinafter
"TIB") and City of Federal Way, a political subdivision of the State of Washington (hereinafter
"RECIPIENT").
1.0 PURPOSE
TIB hereby grants funds in the amount of$4,000,000 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
Fuel Tax Agreement Page 1 of 5 November 2012
Washington State Transport ation Improvement Board 8-1-113(010)-1
} Fuel Tax Grant Agreement
often as the RECIPIENT deems necessary, but shall be submitted at least quarterly if billable
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 grantor 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
Washington State Transportation Improvement Board 8-1-113(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
7)4 Washington State Transportation Improvement Board 8-1-113(010)-1
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
.,.0z°L5
AOC ature o hairman/Mayor _ Executive Director ---- Data
Stevan Gorcester
Print Nam Print Name
Fuel Tax Agreement Page 5 of 5 November 2012