HomeMy WebLinkAboutReg 2016-07-05 Item 4C - Agreement - King County Metro I-405 Mobility Grant COUNCIL AGENDA SYNOPSIS
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ITEM INFORMATION
STAFF SPONSOR:VALERIE LONNEMAN ORIGINAjIAGENDADATE: 07/05/16
AGENDA ITEM TITLE, King County Metro 1-405 Regional Mobility Grant Contract
CATEGORY ❑ Discusfion 0 Motion ❑ Resolution ❑ Ordinance ❑ Bid Award 1:1 Public Hearing ❑ Other
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SPONSOR ❑ Council ❑ Mayor E] HR Z DCD ❑ Finance ❑ Fire ❑ TS ❑ P&R [:] Police ❑ PW1'
SPONSOR'S Opportunity to expand Transportation Demand Management (TDM) activities associated
SUMMARY with regional Congestion Mitigation Air Quality (CMAQ) funding through additional 1-405
Corridor funding in the amount of$40,000, effective at contract signing through June 30,
2017. The Council is being asked to consider this on the Consent Agenda at the July 5
Council Meeting. *The Info Memo was amended after the Transportation Committee as
requested and a paragraph was removed from Page 2 of the contract per City legal advice.
REVIE\kT'D BY ❑ cow Mtg. ❑ CA&P Cmte ❑ F&S Cmte Z Transportation Cmte
❑ Utilities Cmte ❑Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
DATE: 06/20/16 COMMITTEE CHAIR: ROBERTSON
RECOMMENDATIONS:
SPONSOR/ADMIN. Department of Community Development
COMM""'] 17 Unanimous Approval; Forward to Consent Agenda
COST IMPACT / FUND SOURCE
EXPENDITuiu- REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$0 $0 $40,000
Fund Source: 11000802.0000.051
Comments: The 20% match will be provided by the CMA Q Grant budget account.
MTG. DATE RECORD OF COUNCIL ACTION
07/05/16
MTG. DATE ATTACHMENTS
07/05/16 Informational Memorandum dated 06/13/2016 (Updated after Transportation Com.)
King County Metro Agreement in draft form (Paragraph removed from Pg.2 per City Attorney)
Minutes from the Transportation Committee meeting of 06/20/2016
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City of Tukwila
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
TO: Mayor Ekberg
Transportation Committee
FROM: Jack Pace, DCD Director
By: Maggi Lubov, CTR Coordinator
Valerie Lonneman, Transportation Coordinator
DATE: June 13, 2016
SUBJECT: King County Metro 1-405 Regional Mobility Grant Contract
Updated after Transportation Committee Meeting 0612012016. Requested
revisions are underlined and shown in strike through below.
ISSUE
Opportunity to expand Transportation Demand Management (TDM) activities associated with regional
Congestion Mitigation Air Quality(CMAQ) funding through a $40,000 contract for 1-405 Corridor
Regional Mobility Grant funding , effective at contract signing through
June 30, 2017.
BACKGROUND
The City has been awarded two CMAQ grants for expansion of TDM programs, which are signed and
are currently being implemented. One of the CMAQ Grants (GCB2135), GTEC and TDM Expansion for
Urban Centers and Diverse Communities (2015-2017), focuses on the Tukwila Urban Center, a
regionally-designated Growth and Transportation Efficiency Center (GTEC), and the.MIC/H zone, which
has been designated as a Regional Manufacturing Industrial Center. Tukwila is also administering a
second CMAQ Grant (GCB2251), Regional TDM Services (2015-2018), which will enhance the South
King County Coalition's current TDM programming in partnership with the Cities of Kent, Renton,
SeaTac, Federal Way, and Burien.
King County Metro's 1-405 Regional Mobility Grant (RMG) implements the "Manage Demand"
component of Moving Washington. The purpose of the 2013-2017 RMG is to provide TDM services
along the entirety of the 1-405 corridor to reduce congestion and increase mobility. The program uses
outreach, marketing, and incentives to promote the use of transportation alternatives to driving alone.
Tukwila City Hall 6200 Southcenter Boulevard • Tukwila, WA 98188 206-433-1800 Website:TukwilaWA.gov
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King County Metro 1-405 Regional Mobility Grant Contract
June 13, 2016
Page 2
DISCUSSION
The proposed $40,000 contract would allow the City of Tukwila to further enhance TDM services along
the 1-405 corridor and connecting corridors in the cities of Renton, Kent, SeaTac, and Tukwila to reduce
congestion and increase mobility.
The contract with King County Metro will leverage funds from the Regional TDM Services CMAQ grant,
supporting incentives, materials/marketing, and staff labor. The proposal will not affect the General
Fund as programs implemented through the federally-funded CMAQ grant will count as match for the
RMG funding. The contract will be effective immediately in order to disburse funds for planed events
and outreach activities during the remainder of the 2016 fiscal year and through the first half of the
2017 fiscal year;the contract will terminate on June 30, 2017.
Tukwila Commute Trip Reduction and CMAQ-funded staff will use the additional funding to enhance
awareness of non-drive alone transportation alternatives through direct, individualized outreach.
Programs and incentives will support and encourage residents and employees in Tukwila and
partnering cities to change their travel behavior. See attached Contract and Scope of Work for
additional detail on proposed services and program elements.
RECOMMENDATION
The Committee is being asked to move this item for consideration at the July 5, 2016 Consent Agenda.
Attachments:
A. Transportation Demand Management Agreement with King County Metro (includes City of
Tukwila Scope of Work: 1-405 Regional Mobility Grant)
The contract has been revised to remove the second paragraph of section 3, Statement of
Work,for consistency with sub-section 7.3,per City legal advice. The removed paragraph
is shown in strike through in the contract.
Phone:206-433-1800 Email: Mayor @TukwilaWA.gov • Website:TukwilaWA.gov
j Attachment A
TRANSPORTATION DEMAND MANAGEMENT AGREEMENT
King County, Department of Transportation,Metro Transit Division
and
City of Tukwila
This Transportation Demand Management agreement(the "Agreement") is made and entered
into by and between the City of Tukwila (the "City") and King County, a home rule charter
county of the State of Washington, through its Department of Transportation, Metro Transit
Division (the "County"), either of which entity may be referred to hereinafter as "Party" or
collectively as the "Parties."
WHEREAS, the County has entered into a Regional Mobility Grant funded program by contract
with the Washington State Department of Transportation ("WSDOT"), administered by
WSDOT's Public Transportation Division, with a project scope described to improve I-405
performance by more fully integrating the three components of Moving Washington. The project
will work to maximize the person-throughput on I-405 and improve HOV lane performance.
WHEREAS, the County will implement the I-405 Regional Mobility Grant Program by use of
outreach, marketing, promotions and incentives to encourage reduction of vehicle trips along the
I-405 corridor.
WHEREAS, the City will provide transportation demand management ("TDM") services for I-
405 travelers with an origin or destination in the City through an extension of their Regional
TDM Services CMAQ grant.
WHEREAS, using TDM activities the City will market transportation alternatives through a
direct individualized approach supporting and encouraging residents, employers and employees
who are interested in changing their travel behavior to improve performance on the I-405
corridor from I-5 in Lynnwood to I-5 in Tukwila and in the cities of Renton, SeaTac, Kent, and
Tukwila, which contribute to I-405 corridor demand.
NOW, THEREFORE, IT IS MUTUALLY AGREED THAT: The County will reimburse the
City for costs incurred with the implementation of a program to provide TDM services as
described in the recitals and in the Statement of Work(hereinafter"SOW"), Exhibit A.
1. PURPOSE OF AGREEMENT
The purpose of this Agreement is to establish a mutually beneficial arrangement between the
City and the County that will help both Parties realize their respective TDM objectives by
creating a mechanism to allow the County to reimburse the City for costs incurred with the
Transportation Demand Management Agreement
Between the City of Tukwila and King County
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implementation of a program to provide TDM services as described in the recitals and in the
SOW. In consideration of the City's performance of the tasks and responsibilities set forth in the
SOW, the County will provide the City up to $40,000 in total State Regional Mobility Grant
funds. The funds will be used to assist in financing TDM services along the I-405 corridor and
connecting corridors, including the cities of Renton, Kent, SeaTac, and Tukwila. The project
objectives and timelines are stated in the Statement of Work ("SOW"), as set forth in Exhibit A
which is attached hereto and incorporated herein by this reference.
2. AGREEMENT TERM AND MODIFICATIONS
This Agreement shall be in effect upon execution by all of the Parties and shall remain in effect,
unless otherwise terminated, from the date of execution through June 30, 2017. Period of
performance for services to be provided under this Agreement will be from the date of last
signature to this Agreement through June 30, 2017 unless terminated sooner or extended as
provided herein.
Any changes made within the general Statement of Work of this Agreement shall be mutually
agreed upon by all Parties in writing. If such changes cause an increase or decrease in the cost, or
in the time, required for the performance of any services under this Agreement, an equitable
adjustment agreed to by all Parties may be made in the Agreement price or period of
performance, and the Agreement shall be modified in writing accordingly, pursuant to the
provisions of Section 13 of this Agreement.
3. STATEMENT OF WORK
The City shall furnish the necessary personnel, equipment,material and/or services and
otherwise do all things necessary for or incidental to the performance of the work required as
related to project performance associated with the SOW described in Exhibit A. The project
objectives, timelines and budget are stated in the SOW described in Exhibit A.
This Agr-eemeat is eantingent upon gever-nmental funding and leeal legislative appr-effiations. In
the event that funding ftem any sour-ee, ineluding but net lifnited to gfant funds, is ,
r-edueed, limited, er-fiet appfepfiated after-the effeetive date of this Agr-eefflent and pr-ief to
nor-mal eempletion, this Agr-eefnent may be teffninated by either-P&Ay upon ten (10) days written-
4. INVOICE AND PAYMENT PROCEDURES
The County will reimburse the City for the actual cost of work performed pursuant to this
Agreement as identified in the SOW. The City shall submit a completed invoice to the County
detailing quarterly activities, outcomes, expenses and reimbursement amount due within twenty
(20) days of each quarter's end. The County shall pay the City within thirty (30) calendar days
after the County has received completed invoices. In no event shall the total reimbursement to
the City for work performed pursuant to this Agreement exceed $40,000.
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In the event that it is determined that an overpayment has been made to the City by the County,
the County will bill the City for the amount of overpayment. The City shall pay the County
within thirty (30) days of receipt of an invoice for overpayment. Upon expiration of the
Agreement, any claim for payment not already made shall be submitted within thirty(30) days
after the expiration of the Agreement.
In no event will the total amount of the initial investment and quarterly payments exceed the
value of this Agreement as identified in Attachment A, without the Parties mutually agreeing to
amend this Agreement.
5. ASSIGNMENTS AND SUBCONTRACTS
This Agreement is subject to the requirements of the State Capital Construction Grant
Agreement GCB 1501 (the "Grant Agreement"), pursuant to which the County, as the contractor,
agreed to include Sections 9 through 17 of the Grant Agreement, attached hereto as Exhibit B
and incorporated herein by this reference, in each subcontract and in all contracts it enters into
for the employment of any individuals, procurement of any incidental goods or supplies, or the
performance of any work to be accomplished with funds awarded under the Grant Agreement.
The County further agreed that those clauses shall not be modified in any such subcontract,
except to identify the subcontractor or other person or entity that will be subject to its provisions.
The City shall comply, and insure that any of its subcontractors comply, with the requirements of
Exhibit B when performing work pursuant to this Agreement.
6. DISPUTE RESOLUTION PROCESS
6.1 Designated Dispute Resolution Representatives. The following individuals are the
Designated Representatives for the purpose of resolving disputes that arise under this
Agreement:
For the County: Marty Minkof, acting Manager
Metro Transit Service Development
201 South Jackson Street, M/S KSC-TR-0426
Seattle,WA 98104
(206) 477-5799
marty.minkoff@kingcounty.gov
For the City of Tukwila: Peggy McCarthy, Finance Director
City of Tukwila
6200 Southcenter Blvd.
Tukwila, WA 98188
(206) 433-1838
Peggy.McCarthy@TukwilaWA.gov
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6.2 The County representative and the City representative shall confer to resolve disputes that
arise under this Agreement as requested by either Party. The designated representatives
shall use their best efforts and exercise good faith to resolve such disputes.
6.3 In the event the Designated Representatives are unable to resolve the dispute, the
appropriate City Administrator or her/his designee and the General Manager of the
County's Metro Transit Division or her/his designee shall confer and exercise good faith
to resolve the dispute.
6.4 In the event the City Administrator and the General Manager of Metro Transit are unable
to resolve the dispute, the Parties may, if mutually agreed in writing, submit the matter to
non-binding mediation. The Parties shall then seek to mutually agree upon the mediation
process, who shall serve as the mediator, and the time frame the Parties are willing to
discuss the disputed issue(s).
6.5 If the Parties cannot mutually agree as to the appropriateness of mediation, the mediation
process, who shall serve as mediator, or the mediation is not successful, then either Party
may institute a legal action in the King County Superior Court, situated in Seattle,
Washington, unless another venue is mutually agreed to in writing.
6.6 The Parties agree that they shall have no right to seek relief in a court of law until and
unless each of the above procedural steps has been exhausted.
7. TERMINATION
7.1 Termination for Convenience. Either Party may terminate this Agreement upon thirty
(30) days written notice to the other Party. In the event of termination of this
Agreement, 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 for Cause. If either Party does not fulfill in a timely and proper manner its
obligations under this Agreement, or if either Party violates any of these terms and
conditions, the aggrieved Party will give the other Party written notice of such failure or
violation. The responsible Party will be given the opportunity to initiate a correction of
the violation or failure within fifteen (15) calendar days. If failure or violation is not
corrected within the mutually agreed upon time period, this Agreement may be
terminated immediately by written notice of the aggrieved Party to the other.
7.3 Termination for Non-Appropriation or Loss of Grant Funding. In addition to termination
for default, the County may terminate this Agreement for non-appropriation or loss of
state grant funding by giving not less than thirty (30) calendar days' written notice thereof
to the City of Tukwila.
8. LEGAL RELATIONS
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8.1 No Third Party Beneficiaries. It is understood that this Agreement is solely for the
benefit of the Parties hereto and gives no right to any other person or entity.
8.2 No Partnership or Joint Venture. No joint venture, agent-principal relationship or
partnership is formed as a result of this Agreement.
8.3 Independent Capacity. The employees or agents of each Party who are engaged in the
performance of this Agreement shall continue to be employees or agents of that Party and
shall not be considered for any purpose to be employees or agents of the other Party.
8.4 Jurisdiction and Venue. The King County Superior Court, situated in Seattle,
Washington, shall have exclusive jurisdiction and venue over any legal action arising
under this Agreement.
8.5 Mutual Negotiation and Construction. This Agreement and each of the terms and
provisions hereof shall be deemed to have been explicitly negotiated between, and
mutually drafted by, both Parties, and the language in all parts of this Agreement shall, in
all cases, be construed according to its fair meaning and not strictly for or against either
Party.
9. FORCE MAJEURE
Either Party to this Agreement shall be excused from performance of its responsibilities and
obligations under this Agreement, and shall not be liable for damages due to failure to perform,
during the time and to the extent that it is prevented from performing by a cause directly or
indirectly beyond its control, including, but not limited to: late delivery or nonperformance by
vendors of materials or supplies; any incidence of fire, flood, snow, earthquake, or acts of nature;
strikes or labor actions; accidents, riots, insurrection, terrorism, or acts of war; order of any court
or civil authority; commandeering material, products, or facilities by the federal, state or local
government; or national fuel shortage; when satisfactory evidence of such cause is presented to
the other Party to this Agreement, and provided that such non-performance is beyond the control
and is not due to the fault or negligence of the Party not performing.
10. INDEMNIFICATION
Both Parties shall protect, defend, indemnify and save harmless each other,their officers,
employees, and agents while acting within the scope of their employment as such, from any and
all costs, claims,judgments, and/or awards of damages, arising out of or in any way resulting
from either Party's negligent acts or omissions in performing their obligations under this
Agreement. The Parties agree that they are fully responsible for the acts and omissions of their
own contractors, subcontractors, employees, and agents, acting within the scope of their
employment as such, as they are for the acts and omissions of its own employees and agents. The
Parties agree that their obligations under this provision extend to any claim, demand, and/or
cause of action brought by or on behalf of any of their employees or agents. The foregoing
indemnity is specifically and expressly intended to constitute a waiver of both Parties immunity
under Washington's Industrial Insurance Act, RCW Title 51, as respects the Parties only, and
only to the extent necessary to provide the Parties, their officers, employees, and agents with a
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full and complete indemnity of claims made by the Parties employees. The Parties acknowledge
that these provisions were specifically negotiated and agreed upon by them.
11. WAIVER
A failure by either Party to exercise its rights under this Agreement shall not preclude that Party
from subsequent exercise of such rights and shall not constitute a waiver of any other rights
under this Agreement unless stated to be such in a writing signed by an authorized representative
of the Party and attached to the original Agreement.
12. SEVERABILITY
If any provision of this Agreement or any provision of any document incorporated by reference
shall be held invalid, such invalidity shall not affect the other provisions of this Agreement
which can be given effect without the invalid provision, if such remainder conforms to the
requirements of applicable law and the fundamental purpose of this Agreement, and to this end
the provisions of this Agreement are declared to be severable.
13. CHANGES AND MODIFICATIONS
This Agreement may be changed, modified, or amended only by written agreement executed by
authorized representatives of both Parties.
14. REPRESENTATION ON AUTHORITY OF SIGNATORIES
The signatories to this Agreement represent that they have the authority to bind their respective
organizations to this Agreement.
15. ALL TERMS AND CONDITIONS
This Agreement contains all the terms and conditions agreed upon by the Parties. No other
understandings, oral or otherwise, regarding the subject matter of this Agreement shall be
deemed to exist or to bind any of the Parties hereto.
16. CONTRACT MANAGEMENT
All contact information for the management of this Agreement shall be identified herein and may
be updated by either Party for their agency only and shall be submitted in writing or electronic .
mail to the other Party. Any update to the Contract Managers shall state the effective date of said
update.
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Contract City of Tukwila King County
Manager
Contact Maggie Lubov Debbie Jaksich
Name
Title Commute Trip Reduction Coordinator Program/Project Manager III
King Count
Address 6300 Southcenter Blvd. 201 S. Jackson St.
Suite 100 M/S KSC-TR-0411
Tukwila,WA 98188 Seattle, WA 98104
Telephone 206-433-7142 1 206-477-5836
E-Mail Maggie.Lubov @TukwilaWA.gov debbie.'aksich @kingcounty.gov
17. EXECUTION OF AGREEMENT
This Agreement shall be executed in multiple counterparts, any one of which shall be regarded
for all purposes as an original.
IN WITNESS THEREOF the Parties hereto have executed this Agreement by duly authorized
representatives on the dates shown below their respective signatures.
KING COUNTY CITY OF TUKWILA
By: By:
Rob Gannon, Interim General Manager Allan Ekberg, Mayor
Metro Transit Division City of Tukwila
King County Department of Transportation
Date: Date:
Transportation Demand Management Agreement
Between the City of Tukwila and King County
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Exhibit A
City of Tukwila Scope of Work
July 1, 2016 —June 30, 2017
I-405 Regional Mobility Grant
The purpose of the 1-405 Regional Mobility Grant (RMG) is to provide transportation demand
management services (TDM) services along the entirety of the 1-405 corridor to reduce
congestion and increase mobility. The program will use outreach, marketing, and incentives to
promote the use of transportation alternatives to driving alone.
The City of Tukwila (the City) shall provide TDM services for 1-405 travelers with an origin or
destination in the City through an extension of their Regional TDM Services Congestion
Mitigation Air Quality (CMAQ) grant program.
The City and King County will mutually agree on 1-405 messaging that is included on program
materials for marketing and outreach purposes.
These services will be incorporated through amended SOW's, as funding allows and work
projects evolve.
Scope of Services
The grant will leverage the Regional TDM Services CMAQ grant, which was awarded to the City
of Tukwila in partnership with the South King County Coalition, to target residents and
employees along the 1-405 corridor who are open to using commute alternatives and for whom
these alternatives are a viable option. As described below, the program will:
• Educate residents and employees on available commute alternatives to driving alone
when travelling on 1-405
• Provide rewards and incentives related to transportation
• Work to improve people's perceptions of these alternatives
• Communicate the goals of keeping traffic moving on 1-405 and other topics related to
road expansion construction, including Express Tolling information
• Educate employers on available commute benefit strategies and programs
A. TDM Program
This program will market transportation alternatives through a direct, individualized approach
supporting and encouraging residents and employees in Tukwila to change their travel
behavior; the program will include 1-405 messaging as provided by King County.
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Methodology will include general and individualized marketing and engaging community
groups, resident groups, individuals, businesses, and other targeted groups of corridor users.
Marketing will focus on alternative transportation options like transit, vanpool, carpool, biking,
and walking for both commute and personal trips.
Marketing strategies will include pledge commitments, online trip logs to track behavior
changes on RideshareOnline.com, incentives, and use of social media and traditional media to
guide perceptions of transportation-related social norms.
The following resources will be available to targeted residents and employees in Tukwila:
• Assistance setting up accounts in RideshareOnline.com
• Ride matching and travel planning assistance
• Distribution of TDM program materials and information
• Educational information on transportation options
• Incentives for taking alternative transportation
Program elements will include:
• Rewards for users who complete the pre-/post- survey.
• Monthly rewards: Participants who log at least 8 days of alternative commutes per
month will be entered to win monthly drawings.
Additional incentives may be used, such as prizes at various local events.
B. Deliverables
• Develop content for inclusion on web page and collateral materials with South King
County Coalition TDM branding.
• Personalized trip planning assistance and consultation
• Outreach to community groups, resident groups, individuals, businesses, and other
targeted groups of corridor users
• Partner with community groups to deliver transportation resources
• Fulfillment of benefits and incentives
• Track employer correspondence and participation
• Distribute information to employees using RSO user accounts
• Quarterly reports which include a copy of the performance metric.
C. Budget
TDM Services Costs for July 1, 2016—June 30, 2017
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Costs will be billed on a quarterly basis. The chart below represents estimated costs and expense
categories.
Item Units Unit Cost Estimated Program
Cost/year
Incentives 500 $10 $5,000
Incentives 500 $25 $12,500
Supplies for events - - $500
Advertising& Printed Materials - - $4,500
Staff labor - - $12,500
Gift cards fees(JNR) 1000 $5 $5,000
201612017 Program Budget Total $40,000
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Exhibit B
Assignments and Subcontracts
A. Unless otherwise authorized in advance and in writing by WSDOT, the CONTRACTOR shall
not assign any portion of the Project or execute any contract, amendment, or change order thereto,
or obligate itself in any manner with any third party with respect to its rights and responsibilities
under this AGREEMENT.
B. The CONTRACTOR agrees to include Sections 9 through 17 of this AGREEMENT in each
subcontract and in all contracts it enters into for the employment of any individuals, procurement
of any incidental goods or supplies, or the performance of any work to be accomplished under this
AGREEMENT. It is further agreed that those clauses shall not be modified in any such
subcontract, except to identify the subcontractor or other person or entity that will be subject to its
provisions. In addition,the following provision shall be included in any advertisement or invitation
to bid for any procurement by the CONTRACTOR under this AGREEMENT:
Statement of Financial Assistance:
"This AGREEMENT is subject to the appropriations of the State of Washington."
Section 9
No Obligation by the State Government
No contract between the CONTRACTOR and its subcontractors shall create any obligation or
liability for WSDOT with regard to this AGREEMENT without WSDOT's specific written
consent, notwithstanding its concurrence in, or approval of, the award of any contract or
subcontract or the solicitations thereof.
Section 10
Personal Liability of Public Officers
No officer or employee of WSDOT shall be personally liable for any acts or failure to act in
connection with this AGREEMENT,it being understood that in such matters they are acting solely
as agents of WSDOT.
Section 11
Ethics
A. Relationships with Employees and Officers of WSDOT. The CONTRACTOR shall not
extend any loan, gratuity or gift of money in any form whatsoever to any employee or officer of
WSDOT, nor shall CONTRACTOR rent or purchase any equipment and materials from any
employee or officer of WSDOT.
B. Employment of Former WSDOT Employees. The CONTRACTOR hereby warrants that it
shall not engage on a full-time, part-time, or other basis during the period of this AGREEMENT,
any professional or technical personnel who are, or have been, at any time during the period of this
AGREEMENT, in the employ of WSDOT without written consent of WSDOT.
Section 12
Compliance with Laws and Regulations
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The CONTRACTOR agrees to abide by all applicable state and federal laws and regulations
including but not limited to, those concerning employment, equal opportunity employment,
nondiscrimination assurances,project record keeping necessary to evidence compliance with such
federal and state laws and regulations, and retention of all such records. The CONTRACTOR will
adhere to all of the nondiscrimination provisions in chapter 49.60 RCW.
Section 13
Environmental Protection
The CONTRACTOR agrees to comply with all applicable requirements of chapter 43.21C RCW
"State Environmental Policy Act" (SEPA).
Section 14
Accounting Records
A.Project Accounts. The CONTRACTOR agrees to establish and maintain for the Project either
a separate set of accounts or separate accounts within the framework of an established accounting
system that can be identified with the Project.The CONTRACTOR agrees that all checks,payrolls,
invoices,contracts,vouchers, orders, or other accounting documents pertaining in whole or in part
to the Project shall be clearly identified,readily accessible and available to WSDOT upon request,
and, to the extent feasible, kept separate from documents not pertaining to the Project.
B. Documentation of Project Costs and Program Income. The CONTRACTOR agrees to
support all allowable costs charged to the Project, including any approved services contributed by
the CONTRACTOR or others, with properly executed payrolls, time records, invoices, contracts,
or vouchers describing in detail the nature and propriety of the charges. The CONTRACTOR also
agrees to maintain accurate records of all program income derived from implementing the Project.
Section 15
Audits, Inspection,and Retention of Records
A. Submission of Proceedings, Contracts, Agreements, and Other Documents. During the
term of the Project and for six (6) years thereafter, the CONTRACTOR agrees to retain intact and
to provide any data, documents,reports,records,contracts,and supporting materials relating to the
Project as WSDOT may require.Project closeout does not alter these recording and record-keeping
requirements. Should an audit, enforcement, or litigation process be commenced, but not
completed, during the aforementioned six-year period then the CONTRACTOR's obligations
hereunder shall be extended until the conclusion of that pending audit, enforcement, or litigation
process.
B.General Audit Requirements. The CONTRACTOR agrees to obtain any other audits required
by WSDOT at CONTRACTOR's expense. Project closeout will not alter the CONTRACTOR's
audit responsibilities.
C. Inspection. The CONTRACTOR agrees to permit WSDOT and the State Auditor, or their
authorized representatives, to inspect all Project work materials, payrolls, and other data, and to
audit the books, records, and accounts of the CONTRACTOR and its subcontractors pertaining to
the Project. The CONTRACTOR agrees to require each third party to permit WSDOT, and the
State Auditor or their duly authorized representatives, to inspect all work, materials, payrolls, and
other data and records involving that third party contract, and to audit the books, records, and
accounts involving that third party contract as it affects the Project
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Section 16
Labor Provisions
Overtime Requirements. No CONTRACTOR or subcontractor contracting for any part of the
Project work which may require or involve the employment of laborers or mechanics shall require
or permit any such laborer or mechanic in any workweek in which he or she is employed on such
work to work in excess of forty (40) hours in such workweek unless such laborer or mechanic
receives compensation at a rate not less than one and one-half times the basic rate of pay for all
hours worked in excess of forty (40) hours in such workweek. CONTRACTOR will comply with
Title 49 RCW,Labor Regulations.
Section 17
Changed Conditions Affecting Performance
The CONTRACTOR hereby agrees to immediately notify WSDOT of any change in conditions
or law, or of any other event,which may affect its ability to perform the Project in accordance with
the provisions of this AGREEMENT.
Transportation Demand Management Agreement
Between the City of Tukwila and King County
Page 13 of 13
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City of Tu kwi la
City Council Transportation Committee
TRANSPORTATION COMMITTEE
Meeting Minutes
June 20,2016-5:30 p.m. -Foster Conference Room, 6300 Building
Councilmembers: Dennis Robertson,Chair;Verna Seal, De'Sean Quinn
Staff: Bob Giberson, Frank Iriarte, Robin Tischmak, Dave Sorensen, Scott Bates,Valerie
Lonneman, Pat Brodin,Jack Pace, Gail Labanara, Rose Warren, Laurel Humphrey
CALL TO ORDER:Committee Chair Robertson called the meeting to order at 5:30 p.m.
I. PRESENTATIONS
II. BUSINESSAGENDA
A. Grant Award: King County Metro 1-405 Regional Mobility Grant
Staff is seeking Council approval to accept a grant award of$40,000 from King County Metro
to expand the Regional Transportation Demand Management (TDM) Services Congestion
Mitigation Air Quality (CMAQ) grant program for 1-405 travelers. The purpose is to reduce
congestion and increase mobility along the 1-405 corridor, using outreach, marketing, and
incentives to promote alternatives to driving alone. The Committee requested the addition of
the grant award amount and city match financial details in the memo. UNANIMOUS
APPROVAL. FORWARD TO JULY 5,2016 REGULAR CONSENT AGENDA.
B. Thorndyke School Zone Speed Study
Staff presented the results of the Thorndyke Elementary school zone speed study that was
conducted as part of the Safe Routes to Schools grant program. Two radar feedback signs were
installed as part of the grant program at the existing school zone sign locations. Analysis of
speeds before and after the-radar sign activation shows a 12% increased compliance rate for
northbound and 19%for southbound. Two additional radar speed signs have been ordered for
approximately$5,000 each and will be installed in the next few weeks. The new radar signs will
be installed temporarily in various areas around the City. Funding for these is from the Annual
Traffic Signals Program. In addition, a traffic calming pilot project on South 160th Street is
being planned and will be presented to the Committee at a future meeting. INFORMATION
ONLY.
III. SCATBd
No report was given.
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