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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