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05-003.00 Washington State Transportation Improvement Board~.~h~xoh s,`• r ~~~• o ~ ~ 9 ~ 0 .4 7~~~n rmy+o~'~F . TIB Members GCUncilmomber wilia:n GsnCay Chav, Cuyo/J3arll Grouru' Commissioner Loo Bn~anan 1!i]B Chet; Benton County Mr.luhnAF.ers, P.E. CtYy of EUansbury Ats. Bonnia BeA: 9erk antl Asstxiatos :ounramemner Jeanne E3urWOpe Grp d Fcrtom! Way htr. Gnorac Cresa Fbn o/ Longvis:v NS. Kathleen Oavis wsoor ?,Cs. Paula Memrnontl, P.E. tvS0OT Counalmember NeN hlcCture c,Jy of Yakima CEUnalmvnbet Ite~b IAdCenne Kind Cnunh~ I/lr. nick htcKirtoy C+'ry of Bercurghern Jlr. auve OJelsun G: artJ County 1.1r. Oave O'ConnIXJ Alasnn Coerrtty ~OmRIi56i0ner IA;:q $hc-0nn fs7artd CoruNy Mr. Oaivid $tahlcim CJIy or Ih'amaf ^RBa Inr- nnatl TomaC R.C~rlc nM:.rroe or washutgron Mr. Theo Yu O155M o/Frnemp'al fdanagorncN atr. Jay w,mer panty Roa.^' /Idminishalian Boer~+ k4s. fCm lw^it: $ootrena Tense A1Rhom'y Mr. Sasvan Corcesteu @xa[ative Diretltu' P.O. i3ox 40901 Otrmpia, 4VA 9Pa04.090J Fhone: ''-Fit~sP,6-t t ao Fax: 9(iD~588.1 t 65 wwN.db.wa.Qav ~ ~`~. Washington I State ~ '. •~~~~,~; Transportation Improvement Board ~~- Transmittal Letter December 30, 2004 Mr. Neil Kersten Public Works Director City of Spokane Valley 11707 E Sprague Avenue, Suite 106 Spokane Valley, WA 99206 Transportation Improvement Program TIB Project Number 9-E-032{016)-1 SR 27/Mansfield Ave WB Ramps to Mirabeau Pkwy/Bates Rd to SR 27 Design Phase Approval ~~os 1~ This is to confirm that the TIB has authorized the design phase of this project effective December 30, 2004. Please sign the enclosed Fuel Tax Grant Distribution Agreement and return the original to the TIB. Design phase payments will be processed after an executed Fuel Tax Grant Distribution Agreement is received by the TIB. Future Requirements 1. Upon completion of the design phase, please send a construction prospectus, ahalf-size set of plans, specifications and the final engineer's estimate to your TIB project engineer to request construction phase approval. This approval may be authorized by the TIB Executive Director if the project meets the following criteria: a. There is no change in the approved project scope. b. The total TIB funds anticipated for the project have increased no -more than 15% or $750,000 above the amount at project selection. All other projects must be approved by the Board 2. Submit a TIB Reimbursement Form to request payment for incurred eligible project costs. Requests for reimbursement can be submitted electronically at www.tib.wa.gov/services/reimbursementslreimbursements.htm. For assistance with your project, contact Gloria Bennett_ ,TIB Project Engineer, at (360) 586-1143 or via a-mail at Gloria6@TIB.wa.gov. Investing in your local community Cis--~~ 1 \, Attachment 1 Urban Programs Project Description / \ and List of Documents to be Attached to this Agreement for each Phase of the Project Project Information read Agency: City of Spokane Valley Project Number: 9-E-032(016)-1 Projecc Nerve: SR 27/Mansfield Ave WB Ramps to Mirabeau Pkwy/Bates Rd to SR 27 TIB funds for the project are as follows: Phase TIB Funds Design ~ 571,112 Construction {requires future approval) 1,622,449 Total Grant 2,193,561 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 G 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 Cost Estimate Form O Final Summary Quantities and Ledger O Cost Change Justification Amendments to Agreement (if any) TIB Farm 190-600 Rev. 2!1412003 . ~ / 1 Washfrrgton S~~ JTransportatiort Improvement Board ~~ ~f~~ Fuel Tax Grant Distribution Agreement ~~~ LEAD AGENCY: City of Spokane Valley PROJECT NUMBER: 9-E-032(016)-1 PROJECT TITLE: SR 27/Mansfield Ave PROJECT TERMINI: WB Ramps to Mirabeau PkwylBates Rd to SR 27 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. TIB Form 190-500 Page 1 of 3 Rev_ 2/54/2003 . ~ _, .;_~ `~~~ Washington S~~e `transportation lmproUement Board ~~} '4E~~ 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 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 corrective action is not taken within 30 days, the Agreement may be terminated. TIB reserves the right to suspend all or part of the Agreement, withhold further payments, or prohibif 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 TIB 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 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 meeting TIB's obligations, or for any reason. 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. 7.5 TERMINATION PROCEDURE Upon receipt of notice of termination, the grant recipient shall stop work andlor take such action as may be directed by TIB. TIB Form 190-500 Paga 2 of 3 Rev. 2l1412fl03 ~ ~ .. ,, .~ ~ Washington S~ ,~'T'ransporfaticn Improvement Board ~~~ Fuel Tax Grant Distribution Agreement 8.0 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 of design and construction. Approved as to Form This 14th Day of February, 2003 Christine O. Gregoire Attorney General By: Signature on file Robert J. Fallis Assistant Attorney General Lead Agency Transportation Improvement BDard f ~~.~~.~~ ~ L.U' IAA LI'..~ j ~ ~ 1 ~ ~~ ~J ~ .~ Zcks ~ Signature of Chairman/Mayor Date Exe ~utive D'uector ate Print Name ,~s5>`CVaTT ~iG~'C~St~~' Print Name TIB Form 190-500 Page 3 of 3 Rev. 2114!2003