09-106.00 WSTIB: Broadway Ave Pines to Park
• •
`
i Washins i State Transportabon /mprovement 8oarol
Fuel Tax Grant Distribution Agreement
LEAD AGENCY ~ SPOKANE VALLEY
PROJECT NUMBER ~ 8-3-208(003)-1
PROJECT TITLE ~ Broadway Avenue j
PROJECT TERMINI ~ Pines Rd (SR 27) to Park Rd b 2 s~
~
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 parbes, TIB
and the grant recipient, that this Agreement shall govem the use and distribution of the grant
funds through ail phases of the project Accordingly, the proJect specific information shall be
contained in the attachments hereto and incorporated herein, as the project progresses through
eat.h 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 uniess 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 wntten 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 nghts 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 Supenor Court for
Thurston County
TIB Farm 190 500 Page 1 ot 3 Rev 2114I2003
- Q
• ~1<,
Washmb -n Stafe Transportation lmprovement 8oand
Fuei Tax Grant Distnbution Agreement
7 0 TERMINATION
7 1 UNILATERAL TERMINATION
Either party may terminate this Agreement upon 30 days' pnor wntten 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 mutuat
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 coRective action is not taken withm 30 days, the Agreement may be
terminated TIB reserves the nght to suspend all or part of the Agreement, withhold
further payments, or prohibit the grant recipient from incuITing additional obligations of
funds dunng 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 authonzed by law inciuding, 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, fauit 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 ineeting TIB's obligations or for any reason If this
~ Agreemsnt ts so terminuted TIB shall be liable only for aayment required under this
Agreement for performance rendered or costs incurred prlor 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
TI8 Form 190 500 Page 2 of 3 Rev 2/1412003
• ~ I
,vft.! ' Washiny .n State Transportation lmprovement Board
Fuel Tax Grant Distnbution Agreement
8 0 AVAILABlLITY OF TIB FUNDS
The availability of Transportation Improvement Board funds is a funcUon of Motor Vehicle Fuel
Tax collections and existing contractual obligations The locai agency shall submit timely
progress billings as project costs are incuRed to enable accurate budgeting and fund
management Failure to submit timely progress biliings may result in delayed payments or the
establishment of a payment schedule
9 0 ATTACHMENTS
Attachments are incorporated mto this agreement with subsequent amendments as needed
Approved as to Form
This 14th Day of February, 2003
Rob McKenna
Attomey General
By
Signature on file
Elizabeth Lagerberg
Assistant Attomey General
Lead Agency Transportation Improvement Board
.
ignature of Cha(rm ayor ate ` Execulive Dlrector a!e
~
Print ame
Print Name
TiB Form 190 500 Page 3 of 3 Rev 2/1412003
wrd
Washington State
Transportation Improvement Board
Ti6 Members November 20, 2006
Gamm9Waner leo Bowman
chak ae,tlan cQUn" Mr Ned Kersten
CoundimemCet Jmne 6urbidge
VFceGhav CW ofFedemlWay Public Works Director
Tadd Coteman P E, City of Spokane Valley
Pon a "'an`°" 11707 E Sprague Avenue, Sujte 106
"s Kath' W~T Spokane Valley, WA 99206
Mr Mtark FWMtrerger P E.
c,~of amb Dear Nfr Kersten
C.oundlmember Wfiitem Ganley
cW°'fla'~eCeound Congratulations! We are pleased to announce the selection of your proJect, Broadway
, roject number 8-3-208(003)-1 The totai TIB
couRci'^mcw C3M^G°ings Avenue, Pines Rd (SR 27) r$746,28
Picim Mt PeuLaH3mm~td6PE contribution for this project 0 _W&OOT
~Mree, Mamhime Before any work is allowed on this project, you must
'-b°el"'k • Venfy the mformation on the FY 2007 Program Funding Status form, revise if
C°"na'me"''e~~, necessary, and sign,
Mr otck MrAR,6y • Submit the section of your adopted Six-Year Transportation Improvement Plan
C4 °'Belffil"a'^ lisUng this project,
W 03ve Netw^ • Sign both copies of the Fuel Tax Agreement,
cr3nr county►
• Retum the above ttems to TIB,
Commi.si n► • You may begin work only after you receive notjficatron from TIB
r/trt. Robin Relt@w
OR'res o/ Frr►anckl Managemsnt
W 03,,,dsla,,dm If you have questions, please contact Gloria Bennett, TIB Project Engmeer, at (360)
cily arwQram►ee 586-1143 or e-mail Gloria6OTIB wa Qov
W HeIW sta„sm
HS PuDl1c AftYs
Mt Horofd Tenlguthi Smcerely,
Kurg Oatnry Uaho TrartsR
Mr &ie" Thomsen
Srnrnsmrsh t.ounty
N!r Jay Weber
Gaunty Road Adminlstration BaarQ
Stevan Gorcester
Mr Ralph WesseSS, P.Ea ~ecutive Director
&cyde A!lcancs af WasRingtan
Enctosure
Mr sce,rer, corcesier
ExecutNe Otechsr
P O Bax 40901
0lytrtpia. WA 98504-0801
Phorre. 36Q-5B61140
Fe)r 360-588-1185
www bb vra gov
~
~ COPY
Invesbng in your loca/ communrty