HomeMy WebLinkAboutCOW 2005-10-10 Item 4B - Agreement - 2005-2007 Commute Trip Reduction with WSDOT
COUNCIL AGENDA SYNOPSIS
____________________nnnnn____ 1m!l a/. ______nnn n _ n___nnnnn___
ITEj1.1 No.
Aleetlll Date
10/10/05
ITEM INFORMATION
CAS NUMBER. 05-\ 30 I ORIG INc-\L AGENDA n-\ TE. October 10, 2005
~<\GENDA lTE?\I DllE GCA-2963 Commute Trip Reduction Implementation Contract with WSDOT
C\TEGORY [XI DIJCJtJSzon D j\1otlon D ReJolHtzon D Ordinance D Bzd Alvard D Public Heamig D Other
Aftg DalelO/lO/OI Mtg Date Mtg Date l\Itg Date Mtg Date }.Itg Date Mtg Date
SPONSOR D CO/wczl D Mq)'or DAdmSvcJ ~DCD D Finance D FIre D Legal D P&R D Police DpW
SPONSOR'S Review and approve WSDOT Implementation Contract for fiscal years 2005-2007
SmThL-\RY
REVIEWED BY D CO\,(! Mtg ~ CA&P Cmte D F&S Cmte D Transportation Cmte
D Utilities Cmte DArts Comm. D Parks Comm. D Planrung Comm.
DATE.
RECOMMENDATIONS:
SPONSOR/ ADWN Authorize mayor to sign agreement with WSDOT for two year period
CO?\L\fITfEE
COST IMPACT I FUND SOURCE
EXPENDITURE REQUIRED fu\10UNT BUDGETED APPROPRIATION REQUIRED
$none $none $none
Fund Source. WSDOT
Comments State allocation for Commute trip reduction program for City Of Tukwila
MTG.DATE RECORD OF COUNCIL ACTION
MTG.DATE ATTACHMENTS
/0 II () I {)5 Memorandum from Steve Lancaster to COW dated 10/5/05
CAP Minutes of September 27,2005
Proposed WSDOT Implementation Contract
-
City of Tukwila
Steven M. Mullet, Mayor
Department of Community Development
Steve Lancaster, Director
INFORlvIATION MEMO
To:
From:
Date:
Subject:
CommIttee of the Whole }Y-v
Steve Lancaster, Drrector of Commumty Development
October 5, 2005
GCA-2963 Commute Tnp ReductIOn ImplementatIOn
Contract wIth the Waslungton State Department of TransportatIOn
ISSUE
Renewal ofWSDOT Implementation contract to adlTIlllister the commute tnp reductIOn program
as reqmred by state Contract IS for two years.
BACKGROUND
Commute Tnp ReductIOn legislatIOn (RCW 7094.521-551) was passed by the State m 1991 to
reduce the number ofSmg1e Occupant Veluc1es (SOV's) amvmg at employer worksItes wIth 100
or more employees amvmg at the target tIme penod of 6:00 am and 9 00 am. The CIty of
Tukwlla adopted and amended Ordmance #1868 to comply and Implement the reqmrements of
State law,
The Waslungton State Department of TransportatIOn (WSDOT) handles the admmIstratIOn of the
State regulatIOn. The WSDOT contracts dIrectly wIth the CIty on a bIenmal basIs to provIde
dIrect fundmg to fulfill the requrrements ofRCW 70/94,521-551. The CIty has contracted for
state funds smce 1991,
ANALYSIS
The CIty'S allocatIOn for the first year of the bIenmum 2005-2007 IS $36,60500 from WSDOT
The allocatIOn for the second year of the contract WIll be detenmned m Apn12006, The
allocation provIdes funds for staff and for support servIces provIded by Kmg County Metro
annually
RECOMMENDATION
Fonvard to full councIl for therr consent agenda October 17,2005 meetmg
attachment:
WSDOT Connnute Tnp ReductIon Contract 2005-2007
~ P~I
C \DOCUME-I \WYl1etta LOCALS-I \Temp\STAFFR -2.DOC
6300 Southcenter Boulevard, Suite #100 · Tukwila, Washington 98188 · Phone: 206-431-3670 · Fax: 206-431-3665
10/05/05
~
Community and Parks Committee
September 27, 2005
Page 2
3. Commute Trip Reduction Contract Maggie, who is the City's Commute Trip
Reduction (CTR) Coordinator, explained how she encourages compliance citywide with
the CTR requirements. WSDOT funds CTR, and the City contracts with the Maggie for
program administration. The contract includes funding for the first year of a two-year
program. Forward briefin~ and contract to COW.
~ Committee chair approval
Minutes by LL
Commute Trip Reduction Implementation Agreement
Washington State Contractor
Department of Transportation City of Tukwila
310 Maple Park Avenue 6300 Southcenter Blvd
PO Box 47387 Tukwila, W A 98188
Olympia, W A 98504-7387
Key Contact Person: Margaret Lubov
Key Contact Person: Robin Hartsell Employer Federal ill #91-6001519
Project Amount ProJ ect Amount
July 1, 2005 through June 30, 2006 July 1, 2006 through June 30, 2007
$36,605 Will be allocated as set forth m ExhibIt I,
Fundmg AllocatlOn Methodology
Agreement Start Date CompletIOn Project TItle
Number Date Commute Trip Reduction Implementation
GCA4571 July 1, 2005 June 30, 2007
ThIS AGREEMENT is entered mto by the Washmgton State Department of TransportatIOn
(heremafter referred to as "WSDOT") and the Contractor Identlfied above (heremafter referred
to as "CONTRACTOR"), and/or mdIvIdually referred to as the "PARTY" and collectlvely
referred to as the "PARTIES."
WHEREAS, RCW 70.94.521 through 70 94,551 reqUIres counties, cItles and towns contammg
"major employers," m countles wIth populatIOns over 150,000, to develop ordmances, plans and
programs to reduce Vemc1e Miles Traveled (VMT) and Smgle Occupant Vemc1e (SOV)
commute tnps, and thereby reduce vemc1e-related arr pollutIOn, traffic congestlOn and energy
use, and
WHEREAS, RCW 70.94.541 (2) provides for technical assistance to counties, cities, and towns
m developing and Implementmg Commute Trip ReductIOn (CTR) plans and programs, and
WHEREAS, RCW 70,94,544 provIdes for distributIOn of funds for local CTR ImplementatIOn
efforts, and
WHEREAS, WSDOT desires to acmeve tnp reductIOn m order to 11llprove the efficIency of the
state transportation system and the quality of life for cItlzens of the State of Wasmngton, and
WHEREAS, WSDOT hereby deSIres to engage and the CONTRACTOR so agrees to perfonn
all tasks as heremafter agreed upon by both PARTIES, and
NOW, THEREFORE, in consideratlOn of covenants, conditions, perfonnances and promIses
herem contamed and ExhibIts I, II and III, attached hereto and made a part hereof, the PARTIES
agree to the tenns and condItlons followmg:
Page 1 of 16
GCA4571
Section 1
Purpose of Agreement
The purpose of this AGREEMENT IS for WSDOT to provIde fundmg to the CONTRACTOR to
be used solely for actlvItles undertaken to fulfill the reqmrements ofRCW 70,94 521 through
551 and to Implement tasks as described m ExhibIt II, Scope of Work.
Section 2
Scope of Work
The CONTRACTOR and WSDOT agree to perfonn all desIgnated tasks under tills
AGREEMENT as described m ExhibIt II, Scope of Work.
Section 3
Time for Beginning and Completion
The work to be perfonned under tills AGREEMENT shall commence on July 1, 2005, and
tennmate on June 30, 2007, unless tennmated sooner as provIded herem,
Section 4
Reimbursement and Payment
WSDOT shall rennburse the CONTRACTOR for elIgible expendItures not to exceed $36,605
during the AGREEMENT penod. The maximum amount of fundmg for the CONTRACTOR
was detennmed using the methodology contamed m ExhibIt I, Fundmg AllocatlOn Methodology
WSDOT wIll rennburse the CONTRACTOR only for actual and eligible dIrect and related
mdrrect project costs. Payment WIll be made on a reImbursable basIs. Payment IS subject to the
submisslOn to and approval by WSDOT of properly prepared mVOlces accomparned by progress
reports as provided in SectlOn 6 and financIal summanes. The CONTRACTOR shall submIt an
mvoice (state fonn A-19) or WSDOT approved mVOlce fonnat to WSDOT m order to receIve
reImbursement. The CONTRACTOR may submit mVOlces, not more than once per month,
dunng the course of tills AGREEMENT. The CONTRACTOR shall submit a final mVOlce to
WSDOT no later than July 15, 2007 Any mVOlce receIved after July 15, 2007 wIll not be
eligible for reImbursement. Witilln 30 days after recelvmg an mVOlce and upon approval,
WSDOT shall remit payment to the CONTRACTOR. All mVOlces and payments shall be based
on and pmd on actual work perfonned and actual costs mcurred up to the maXImum amount
Identified m this AGREEMENT,
Section 5
Project Records
The CONTRACTOR agrees to establish and mamtam for the project eIther a separate set of
accounts or accounts WIthm the rramework of an establIshed accountmg system, m order to
sufficIently and properly reflect all elIgible dIrect and related mdlrect project costs clmmed to
have been mcurred m the perfonnance of tills AGREEMENT Such accounts are referred to
herem collectlVely as the "Project Account", All costs clmmed agamst the Project Account must
be supported by properly executed payrolls, tlme records, mVOlces, contracts, and payment
vouchers evidencing m sufficIent detml the nature and propnety of the costs clmmed.
Page 2 of 16
GCA4571
Section 6
Progress Reports
The CONTRACTOR shall submIt to WSDOT progress reports as described m ExhibIt II, Scope
of Work, so that WSDOT may adequately and accurately assess the progress made under the
terms of tills AGREEMENT, Progress reports shall be submItted to WSDOT along wIth every
invOlce request for reImbursement submItted pursuant to SectIOn 4, Rellllbursement and
Payment.
Section 7
Audits, Inspections, and Records Retention
WSDOT, the State AudItor, and any of theIr representatIves, shall have full access to and the
nght to examine, during nonnal business hours and as often as they deem necessary, all of the
CONTRACTOR's records with respect to all matters covered by tills AGREEMENT, Such
representatives shall be penmtted to audIt, examme and make excerpts or transcripts from such
records, and to make audits of all contracts, mVOlces, matenals, payrolls, and other matters
covered by tills AGREEMENT. In order to facilItate any audIts and mspectIOns, the
CONTRACTOR shall retam all documents, papers, accountmg records, and other matenals
pertaimng to tills AGREEMENT for SIX (6) years ITom the date of completIOn of the project or
the project fmal payment date. However, m case of audIt or lItIgatIon extendmg past that SIX (6)
years penod, then the CONTRACTOR must retam all records untIl the audit or htIgatIOn IS
completed. The CONTRACTOR shall be responsible to assure that It, WSDOT, the State
Auditor, and any of therr representatIves, retam comparable audIt nghts with respect to
subcontractors to the CONTRACTOR WIthm the scope of tills AGREEMENT.
Section 8
Agreement Modifications
A. EIther PARTY may request changes to tills AGREEMENT, mcluding changes m the
Scope of Work. Such changes that are mutually agreed upon shall be mcorporated as wntten
amendments to the AGREEMENT. No variatIOn or alteratIOn of the terms of tills
AGREEMENT shall be vahd unless made in wntmg and sIgned by authonzed representatIves of
the PARTIES hereto.
B. Any addItIOnal fundmg secured by WSDOT beyond the amount Identified m SectIOn 4,
Rellllbursement and Payment WIll be allocated to the CONTRACTOR for the penod July 1,
2005 to June 30, 2007 m accordance wIth the methodology described m ExhibIt I, Fundmg
Allocation Methodology. If an increase m fundmg by the fundmg source augments the
CONTRACTOR's allocation of funding under thIS AGREEMENT, the CONTRACTOR and
WSDOT agree to enter mto an amendment to tills AGREEMENT, provldmg for an appropnate
change m the Scope of Work and/or the project amount m order to reflect any such mcrease m
fundmg.
C. If a reductIOn of fundmg by the fundmg source reduces the CONTRACTOR's allocatIOn
of fundmg under tills AGREEMENT, the CONTRACTOR and WSDOT agree to enter mto an
amendment to this AGREEMENT provIdmg for an appropnate change m the Scope of Work
and/or the AGREEMENT amount m order to reflect any such reductIOn offundmg.
Page 3 of 16
GCA4571
Section 9
Recapture Provision
In the event that the CONTRACTOR falls to expend state funds m accordance wIth state law
and/or the prOVlSlons of tills AGREEMENT, WSDOT reserves the nght to recapture state funds
m an amount eqmvalent to the extent of noncomphance Such nght of recapture shall eXIst for a
penod not to exceed three (3) years followmg tennmatIOn or expIratIOn of thIs AGREEMENT,
The CONTRACTOR agrees to repay such state funds under thIS recapture provlSlon wlthm 30
days of demand.
Section 10
Disputes
A. Disputes. DIsputes, ansmg m the perfonnance of tills AGREEMENT, whIch are not
resolved by agreement of the PARTIES, shall be decIded m wntmg by the authonzed
representatIve ofWSDOT Pubhc TransportatIOn and Commute Options (PT&CO) Office. If the
PARTIES cannot resolve a dispute by mutual agreement, the CONTRACTOR may submit a
wntten detalled description of the dIspute to the PT &CO Program Manager who wllllssue a
wntten declSlon within ten (10) days of receipt ofthe wntten descnption of the dIspute. Tills
decIsIOn shall be fmal and conclusive,
B Performance During Dispute. Unless otherwise dIrected by WSDOT, the CONTRACTOR
shall contmue perfonnance under tills AGREEMENT willIe matters m dIspute are bemg
resolved.
Section 11
Termination
WSDOT, at ItS sole dIscretion, may suspend or tennmate thIS AGREEMENT m whole, or m
part, for the reasons followmg:
A. The CONTRACTOR matenally breaches, or falls to perfonn any ofthe reqmrements of, tills
AGREEMENT, and after fourteen (14) days written notlce, has failed to cure the condltlon(s)
causmg that breach, CondItions of breach may mclude, but are not be limited to'
. Any actIOn taken by the CONTRACTOR wIthout WSDOT approval, WhICh under the
prOVlSlons oftills AGREEMENT, reqmred WSDOT approval;
. Fallure to perfonn in the manner called for under tills AGREEMENT; or
. Fallure to comply wIth any provIsIOn of this AGREEMENT,
B. The CONTRACTOR is prevented from proceedmg wIth the AGREEMENT by reason of a
temporary prelnnmary, specIal, or pennanent restrammg order or mJunction of a court of
competent Junsdlction where the Issuance of such order or mJunctIOn IS pnmanly caused by the
acts or omISSIons of persons or agencIes other than the CONTRACTOR;
C. The reqmsite state or federal fundmg IS reduced or becomes unavallable through fallure of
appropnatIOn or otherwIse;
D, WSDOT determines that the continuation of the project would not produce beneficIal results
commensurate with the further expendIture of funds,
E, WSDOT, at ItS sole dIscretion, determines to accept a request made m wntmg by the
CONTRACTOR to tennmate the AGREEMENT m whole or m part; or
F WSDOT detennmes that suspenSIOn or tennmatIOn IS m the best interests of the state
Page 4 of 16
GCA4571
If thIs AGREEMENT IS tel111mated under subsectIons B, C, D, E, and/or F of thIs SectIOn, the
CONTRACTOR may be reImbursed only for actual and elIgible dIrect and related mdIrect
expenses mcurred pnor to the date of tel111matIOn, and then only to the extent of appropnated
funds, If thIs AGREEMENT IS tel111mated under subsectIOn A of thIS SectIOn, the WSDOT shall
not be oblIgated to provide any addItIonal reImbursement, and \VSDOT shall retain all nghts to
seek recapture or damages from the CONTRACTOR.
Section 12
Forbearance by WSDOT Not a Waiver
Any forbearance by WSDOT ill exercIsmg any nght or remedy hereunder, or otherwIse afforded
by applicable law, shall not be a Walver of or preclude the exerCIse of any such nght or remedy
Section 13
Waiver
In no event shall any WSDOT payment of grant funds to the CONTRACTOR constItute or be
construed as a Walver by WSDOT of any CONTRACTOR breach, or default whIch and shall ill
no way imparr or prejUdICe any nght or remedy available to WSDOT wIth respect to any breach
or default.
Section 14
Independent Contractor
The CONTRACTOR shall be deemed an illdependent CONTRACTOR for all purposes, and the
employees of the CONTRACTOR or any of ItS subcontractors and the employees thereof, shall
not in any manner be deemed to be employees ofWSDOT,
Section 15
WSDOT Advice
The CONTRACTOR bears complete responsibihty for the admIllistratIOn and success of the
work as It IS defmed in thIs AGREEMENT and any amendments thereto. Although the
CONTRACTOR IS allowed to seek the advice of WSDOT, the offering of WSDOT advIce shall
not modify the CONTRACTOR's rights and obligations under tills AGREEMENT, and WSDOT
shall not be held liable for offenng adVIce to the CONTRACTOR.
Section 16
Limitation of Liability and Indemnification
No liabIlIty shall attach to WSDOT or the CONTRACTOR by reason of entenng mto thIS
AGREEMENT, except as expressly provIded herein. Tills AGREEMENT IS not mtended to
benefit any thIrd party The CONTRACTOR shall mdemmfy and hold WSDOT, ItS agents,
employees, and/or officers hal111less from, and shall process and defend at ItS own expense, any
and all claims, demands, smts, penaltIes, losses, damages (both to persons and property), or costs
of whatsoever kmd or nature (hereafter "clalllls") brought agamst WSDOT ansmg out of or
mCIdent to the execution, perfol111ance or fallure to perfol111 under thIS AGREEMENT, provIded,
Page 5 of 16
GCA4571
however, that if such claIms are caused by or result from the concurrent neglIgence of (a) the
CONTRACTOR, Its agents, employees, and/or officers and (b) vYSDOT, Its agents, employees,
and/or officers, tills mdemmty provIsIOn shall be valId and enforceable only to the extent of the
neglIgence of the CONTRACTOR, ItS agents, employees, and/or officers, and provIded further
that notillng herein shall reqUIre the CONTRACTOR to hold harmless or defend WSDOT, ItS
agents, employees, and/or officers from any clalllls ansmg from the sole neglIgence of WSDOT,
ItS agents, employees, and/or officers.
Section 17
Hold Harmless
It IS understood and agreed that tills AGREEMENT IS solely for the benefit of the PARTIES
hereto and gives no nght to any other party, No Jomt venture or partnershIp IS formed as a result
of this AGREEMENT Each PARTY hereto agrees to be responsible and assumes lIabIlity for
its own negligent acts or omissIOns, or those of its officers, agents or employees, Each
agreement, contract or subcontract for services or actlvItles to further the terms of tills
AGREEMENT u shall mclude an mdemmficatIOn and hold harmless provIdmg that WSDOT and
the State of Washington are not lIable for damages or clalllls for damages ansmg from any CIty,
town, desIgnee or subcontractor's performance or actIvltles under the terms of those agreements,
contracts or subcontracts.
Section 18
Governing Law, Venue, and Process
Tills AGREEMENT shall be construed and enforced m accordance wIth, and the valIdIty and
performance thereof shall be governed by the laws of the State of Wasillngton. In the event that
eIther PARTY deems it necessary to mstltute legal actIOn or proceedmgs to enforce any nght or
oblIgatIOn under tills AGREEMENT, the PARTIES hereto agree that any such action shall be
Imtlated m the Supenor Court of the State of Wasillngton situated m Thurston County. The
CONTRACTOR hereby accepts servIce of process by registered mall consIstent WIth RCW
4.28.080(1). Each PARTY shall bear ItS own legal costs and expenses, mcludmg attorney fees,
in any such lItlgation,
Section 19
Compliance with Laws and Regulations
The CONTRACTOR agrees to abIde by all applIcable state and federal laws and regulatIOns,
mcludmg, but not 1llll1ted to, those concernmg employment, equal opportumty employment,
nondlscrimmatIOn assurances, project record keepmg necessary to eVIdence AGREEMENT
complIance, and retentIOn of all such records The CONTRACTOR wIll adhere to all of the
nondlscnminatIOn provisIOns m Chapter 49.60 RCW. The CONTRACTOR wIll also comply
wIth the Americans with DIsabilities Act (ADA), Public Law 101-336, which provIdes
comprehensIve CIVIl nghts protectIOn to mdlvlduals wIth disabIlItles m the areas of employment
publIc accommodatlons, state and local government servIces and telecommumcatIOn.
Page 6 of 16
GCA4571
Section 20
Section Headings
All sectIOn headmgs are mserted for convemence only and shall not affect any constructIon or
mterpretatIOn of thIS AGREEMENT
Section 21
Severability
If any covenant or provIsIon of tills AGREEMENT shall be adjudged vOId, such adjudIcatIOn
shall not affect the valIdIty or oblIgatIOn of perfonnance of any other covenant or provlSlon, or
part thereof, that m Itself is valId If such remamder confonns to the tenns and reqmrements of
applIcable law and the mtent of tills AGREEMENT. No controversy concernmg any covenant or
provIsIOn shall delay the perfonnance of any other covenant or prOVISIOn except as herem
allowed.
Section 22
Execution and Acceptance
This AGREEMENT may be executed m several counterparts, each of WhICh shall be deemed to
be an onginal havmg ldentlcallegal effect. The CONTRACTOR does hereby ratIfy and adopt
all statements, representations, warrantIes, covenants, and agreements and therr supportmg
materials contamed and/or mentloned herem, and does hereby accept State funds and agrees to
all of the tenns and conditions thereof.
Section 23
Execution
Tills AGREEMENT is executed by the Director of the PublIc Transportation and Rail DIvision,
State of Washington, Department of TransportatIOn or the DIrector's desIgnee, not as an
indivIdual mcumng personal oblIgatIOn and lIabIlIty, but solely by, for, and on behalf of the
State of Wasillngton, Department of TransportatIOn, m ills/her capacIty as Director of the PublIc
TransportatIOn and Rml DivIsIon.
ThIS space mtentIOnally left blank:.
Page 7 of 16
GCA4571
IN WITNESS WHEREOF, the PARTIES hereto have executed tills AGREEMENT the day and
year first above wntten.
WASHINGTON STATE
DEPARTMENT OF TRANSPORTATION
CONTRACTOR
By:
Judith Glmger, DIrector
Pubhc TransportatIOn and Rml DIvIsIOn
By:
PnntName:
TItle:
Who certIfies proper authonty to
execute thIS Agreement on behalf of
the Contractor
Date:
Date:
Approved as to fonn only:
By: Ann E. Salay
Assistant Attorney General
Date: June 21,2005
Page 8 of 16
GCA4571
Exhibit I
Funding Allocation Methodology
Fundmg allocated by WSDOT for 10callmplementatlOn of CTR activItIes IS based on the
fonnula followmg:
1. Each county IS provIded $1,260 per affected worksIte as a base allocation to ensure sufficient
fundmg to meetjUnSdlctlOn obhgatlOns pursuant to RCW 70 94 521-,551 The number of
affected worksltes m each county shall be based on mfonnatlOn contamed m WSDOT's
database as of May 1st of each year
2, The remaming fundmg wIll be allocated based on the number of commute tnps reduced per
day m each county, between each worksite's base year survey and ItS most recent survey,
provIded that every county receIves at least $80,000 per year For the penod July 1, 2005
through June 30, 2006, the most recent survey penod wIll be 2003 For the penod July 1,
2006 through June 30, 2007, the most recent survey penod wIll be 2005,
July 1, 2005 - June 30, 2006 Allocation
Worksite Additional to
Number Trips Base Performance Achieve Total
County of Sites Reduced/Day Allocation Allocation $80,000 Floor Allocation
Benton $50,000
Clark 48 1,157 $60,480 $29,309 $0 $89,789
Kmg 527 11,863 $664,020 $300,511 $0 $964,532
K1tsap 31 1,522 $39,060 $38,555 $2,385 $80,000
Pierce 80 2,900 $100,800 $73,462 $0 $174,262
Snohomlsh 88 806 $110,880 $20,417 $0 $131,297
Spokane 100 1,562 $126,000 $39,568 $0 $165,568
Thurston 62 550 $78,120 $13,932 $0 $92,052
Whatcom 23 421 $28,980 $10,665 $40,355 $80,000
YakIma 23 122 $28,980 $3,090 $47,930 $80,000
TOTAL 982 20,903 $1,237,320 $529,510 $90,670 $1,907,500
Any dIstributlOn of funds to junsdIctlOns wlthm a county shall be done on the basIs of the
number of affected worksltes m each jUnSdlctlOn, For example, If there are two (2) ]UnSdIctlOns
in a county, each with fifty percent (50%) of the total number of affected worksItes m the county,
any dlVISlOn of funds wItlnn the county should provIde each of the two (2) ]UnSdIctlOns wIth fifty
percent (50%) of the total county fundmg allocatlOn.
Page 9 of 16
GCA4571
EXHIBIT II
SCOPE OF WORK
Implementation of Commute Trip Reduction (CTR)
Plans and Program
1. CONTRACTOR AGREES TO:
1.1. Work to be Performed
1.1.1. The county or CIty, wlu.chever applies, has enacted a Commute Tnp ReductIOn
(CTR) ordmance m comphance wIth RCW 7094,521-,551. Said ordmance
reqmres, for example, the submissIOn of employee commuter surveys, employer
annual reports, and other prOVlSlons for the trackmg of certam velu.c1e mIles traveled
(VMT) and smgle occupant velu.c1e (SOY) commute tnps, as well as provIsions to
assist m the reduction of VMT and SOY. Therefore, the CONTRACTOR agrees to
implement a CTR program and to comply wIth all provIsions of the apphcable
county or city ordinance, which IS mcorporated herein by reference and made a part
of this AGREEMENT and tlu.s Scope of Work.
1.2. Funding Distribution and Reporting
1.2.1. The CONTRACTOR may dIstribute funds to ItS ehgible contractmg partner( s)
who are lmplementmg CTR plans and ordinances as authonzed by RCW 70.94.544,
by entenng mto agreements with other ]UnSdlctIOns, local transIt agencies, regIOnal
transportatIOn planning orgamzatIOns, or other ehgible orgamzations, The
CONTRACTOR shall submit to WSDOT Wlthm 30 days of executIOn of any
agreement between the CONTRACTOR and IS ehgible contractmg partner(s): (a) a
hst of dollar amounts to be dIsbursed by the CONTRACTOR to ItS elIgible
contractmg partner(s), or (b) a fund dispersIOn methodology.
1.3. Implementation Plans
1.3.1. In addItIon to complymg wIth SectIon 1, above, the CONTRACTOR shall
Implement all CONTRACTOR provIsIOns m tlu.s Scope of Work. Further, the
CONTRACTOR shall mcorporate SectIOns 1 and 3 of the Scope of Work m all
agreements wIth ehgible contractmg partner(s), as necessary, to coordmate the
development, implementation, and admlmstratIOn of CTR plans and comphance
with apphcable ordmances.
1.3.2. Appeals, Exemptions, and Modifications
1.3.3. The CONTRACTOR shall mamtam an appeals process consIstent WIth RCW
70.94.534(6), applicable ordmances, and procedures contamed m the Commute Tnp
ReductIOn Task Force Gmdelmes, wlu.ch may be obtam from the WSDOT or found
at http://wwwwsdot.wa.gov/tdrn/tnpreductIOn/CTRgmde/default.cfin. The
CONTRACTOR, or ItS ehgible contractmg partner(s), shall submIt requests for
CTR exemptIOns or goal modrficatIOns to WSDOT for reVIew and comment wIthm
five (5) days ofrecelVmg such requests, and shall provIde WSDOT five (5) workmg
days to comment prior to approvmg or denymg the request.
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1.3.4. Survey Processing
1 3 5 The CONTRACTOR shall notIfy WSDOT pnor to sendmg employee commuter
surveys to the Urnversity of Washmgton, Office of EducatIOnal Assessment, for
processmg. The notlficatIOn must mc1ude the name of the workslte, employer
IdentIfication code, and type of survey for each survey bemg submItted for
processmg. The notlficatIOn shall be submItted as an electrornc spreadsheet VIa
electrornc mail. The CONTRACTOR agrees not to delIver or send surveys for
processmg unless authonzed to do so by WSDOT.
1.3.6. Database Updates
1.3.7. The CONTRACTOR agrees to provIde WSDOT wIth updated lIsts of affected
worksltes and ]UnSdlctIOn contacts on a quarterly basIs. These updates shall be
subrmtted electronically m a fonnat specIfied by WSDOT.
1.3.8. Employer Annual Reports
1.39, The CONTRACTOR agrees to, wlthm 30 days from the date of filmg, submit to
WSDOT one (1) electrornc or hard copy of all employer annual report(s),
1.3.10. Employer Exemptions and Goal Modifications
1.3,11 The CONTRACTOR agrees to, wIthin 30 days from the date of official
administratlve decisIOn, submit to WSDOT the name and employer identlficatlOn
code for any workslte that has been granted an exemptlOn or goal modlficatlOn,
inc1udmg mfonnatlOn about the duratlOn of all exemptlons and mfonnatIOn on the
type of goal modlficatlOn granted.
1.3.12. Progress Report and Invoice
1.3.13. The CONTRACTOR agrees to submIt to WSDOT penodlc progress reports, as
specIfied in ExhibIt III, Progress Report Fonnat, wIth all mVOlces m accordance
with Section 4 oftrus AGREEMENT,
2. WSDOT AGREES TO:
2.1. General Technical Assistance
2,1.1. WSDOT wIll provIde support to the CONTRACTOR, or ItS elIgible contractmg
partner(s), m developmg and implementmg CTR plans and programs, mc1udmg
provldmg traIrnng, mfonnatlOnal matenals, and assIstance m CTR evaluatlOn.
WSDOT will also assist with overall CTR marketmg and promotlOn on a statewIde
basIs,
2.2. Exemptions and Modifications
2.2.1. WSDOT WIll reVIew and comment on employer requests for exemptlOns from
CTR reqmrements and/or goal modlficatlOns, wIthin five (5) workmg days after
receIpt. Failure to reVIew and comment on such requests wlthm five (5) workmg
days after receIpt shall be consIdered a Waiver of WSDOT' s nght to comment.
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2.3. Database Management
23 1 WSDOT wIll mamtam a current database of all affected worksItes m Washmgton
State WSDOT wIll mput new and/or updated worksIte mfOlmatIOn wIthm fifteen
(15) workmg days after receIpt from CONTRACTOR. WSDOT wIll employ an
mternal venficatIOn process to ensure all new and/or updated mformatIOn IS mput m
a tImely and accurate manner InformatIOn from the WSDOT database WIll be
used to determme fundmg allocatIOn consIstent WIth the methodology contamed m
ExhibIt I, Funding AllocatIOn Methodology,
2.4. Training
2.4.1. WSDOT will mamtam trammg matenals to support ImplementatIOn of CTR
programs,
2.5. Public Awareness
2.5.1. WSDOT wIll develop and Implement statewIde publIc awareness and recogmtion
programs to support local implementatIOn of CTR programs,
2.6. Annual Reporting Assistance
2.6.1. WSDOT wIll distribute m sufficIent quantItIes the State "Program DescnptIOn &
Employer Annual Report" form to the CONTRACTOR, or other elIgible recIpIents,
if requested. WSDOT will also mamtain an internet-based annual report system and
wIll provIde mformatIOn and ongoing techmcal assIstance to employers and
JurisdIctIOns using the system.
2.7. Survey Assistance
2,7.1. WSDOT will:
2.7 1.1. Provide the CONTRACTOR, or its elIgible contractmg partner( s), wIth
summary survey information If requested.
2.7.1.2. DIstribute the Employee QuestIOnnaires m sufficIent numbers to the
CONTRACTOR, Its elIgible contracting partner(s)ifrequested.
2,7,1.3 Maintam an mtemet-based survey tool, and provIde informatIOn and
ongomg techmcal assistance to employers and JunsdIctIOns usmg the system.
2.7.1 4 ProvIde survey processmg at no cost to the CONTRACTOR, or ItS elIgible
contractmg partner(s), and affected employers, dunng the base year and all
subsequent surveys.
27.1.5. Provide technical assIstance to the CONTRACTOR, or ItS elIgible
contractmg partner(s), and employers, on surveying, If requested.
27 1.6, Work wIth the CONTRACTOR, onts elIgible contractmg partner(s), to
calculate goal measurement mformatIOn and track measurement survey lnstory
for all CTR affected worksItes
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GCA4571
2.7 1 7. Return the processed employee commuter survey and reports to the
CONTRACTOR, or Its eligible contractmg partner(s), wIthm thIrty (30) days
of the date the fOTITIS are delivered for processmg
2.7.1.8. Mamtam and penodlcally update the "CTR GUlde for Employer
Surveys," \-VSDOT wIll reVIew survey gUlde/instructlOnal matenals developed
by the CONTRACTOR or Its eligible contractmg partner(s) for consIstency
WIth the state-developed "CTR GUlde for Employer Surveys," WhICh may be
obtamed rrom WSDOT.
2.7.1.9. RevIew all electronically subIllltted survey notdicatlOns and respond to the
CONTRACTOR Wlthm five (5) workmg days after receIpt.
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Exhibit III
Progress Report Format
· Name of the OrgamzatlOn SubmItting Report.
· SubmItted on behalf offollowmg JunsdlctlOn(s)
. Contact Name'
. Contact Phone and Fax Number:
. Contact E-mml:
1. CTR Activities
Prepare a brief summary of actIvltles undertaken dunng the penod for wmch
reimbursement is requested.
2. State CTR Funds Disbursed
Disbursed Total Disbursed
Jurisdiction Since Last Report Fiscal Year to Date
Junsdlction A $ $
Junsdiction B $ $
(etc)
Total Disbursement $ $
Tms space mtentlOnally left blank:.
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3. Expenditures This Period
Under 'Categones' lIsted below, mdIcate eIther the actual expendItures, or estImated
expenses If actual costs for these categones are not known. LIst the actual total
expendItures on the last hne of the followmg table
Local Fiscal Year Other Fiscal Year
Funds to Date Funds to Date
State CTR Fiscal Year Spent on Local Spent on Other
Funds To Date CTR Funds CTR Funds
Spent State CTR Activities Spent on Activities Spent on
Since Last Funds Since Last CTR Since Last CTR
Categories Report Spent Report Activities Report Activities
Required Activities, $ $ $ $ $ $
including:
1. NotIficatIOn of
New W orksItes
2 Ad1ll1nIstenng
CTR Surveys
3. Employer
Annual Report
RevIew
4. ExemptIOns and
ModIficatIOns
5. Record
Mamtenance
6. Enforcement
Employer Service Activities
Employer Tra1illng $ $ $ $ $ $
IncentIves $ $ $ $ $ $
PromotIOn and $ $ $ $ $ $
Marketmg
Guaranteed RIde $ $ $ $ $ $
Home
Other (SpecIfy) $ $ $ $ $ $
Totals $ $ $ $ $ $
4. Jurisdiction(s) Contact Names, Address, and Phone Numbers
JunsdlctIOn A John Who CIty of X PO Box 1234 X, W A 98000 Phone (206) 999-9999
5. List of contact information for effected worksites in the Jurisdiction.
The mformatIOn will be submItted m the electromc format approved by WSDOT
6. Employer Annual Reports Approved During This Period
ProvIde the name and workslte IdentIficatIOn number for all employer annual reports
accepted dunng tills penod. Attach a hard copy or electromc (dISC) copy of all employer
annual reports accepted by the JunsdIctIOn dunng the quarter. If the JunsdIctIOn accepted
employer annual reports submItted VIa WSDOT's web-based reportmg system, mdIcate
the name and worksIte IdentIficatIOn number for each worksIte report accepted.
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7. Employer Exemptions and Goal Modifications Granted During This Period
ProvIde the name and workslte IdentIficatIOn number for any workslte that has been
granted a CTR exemptIOn or goal modIficatIOn dunng the penod, mcludmg mfonnatIOn
about the duratIOn of all exemptIOns and mfonnatIOn on the type of goal modIficatIOn
granted.
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