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HomeMy WebLinkAboutTIC 2017-10-10 COMPLETE AGENDA PACKETCity of Tukwila Transportation and Infrastructure Committee ❖ Kate Kruller, Chair ❖ Joe Duffie ❖ De'Sean Quinn AGENDA Distribution: K. Kruller J. Duffie D. Quinn D. Robertson Mayor Ekberg D. Cline L. Humphrey B. Giberson R. Tischmak G. Labanara P. Brodin R. Turpin A. Youn Clerk File Copy 2 Extra Place pkt pdf on Z:\Trans & Infra Agendas e-mail cover to: A. Le, C. O'Flaherty, A. Youn, K. Kruller, D. Robertson, D. Almberg, B. Saxton, S. Norris, & L. Humphrey TUESDAY, OCTOBER 10, 2017 — 5:30 PM FOSTER CONFERENCE ROOM — 6300 BUILDING ItemRecommended Action Page 1. PRESENTATION(S) 2. BUSINESS AGENDA a) CBD Sanitary Sewer Rehabilitation a) Forward to 10/16/17 Pg. 1 Supplemental Agreement No. 3 with RH2 Engineering, Inc. Regular Consent Agenda b) WSDOT Transportation Demand Management Program b) Forward to 10/16/17 Pg. 7 Allocation Regular Consent Agenda c) King County Metro Transportation Demand Management c) Forward to 10/16/17 Pg. 23 Agreement 2017-2019 Regular Consent Agenda d) Metro Customer Parking Options at Interurban Avenue South and 52nd Avenue South e) Speed Cushion Pilot Project d) Information Only e) Information Only Pg. 35 Pg. 37 Implementation Criteria 3. SCATBd 4. MISCELLANEOUS 5. ANNOUNCEMENTS Future Agendas: Next Scheduled Meeting: Tuesday, October 24, 2017 SThe City of Tukwila strives to accommodate individuals with disabilities. Please contact the Public Works Department at 206-433-0179 for assistance. City of Tukwila Public Works Department - Bob Giberson, Director INFORMATIONAL MEMORANDUM TO: Transportation and Infrastructure Committee FROM: Robin Tischmak, Acting Public Works Director By: Mike Cusick, Senior Program Manager CC: Mayor Ekberg DATE: October 6, 2017 SUBJECT: CBD Sanitary Sewer Rehabilitation City Project No. 91140203, Contract No. 16-054 Supplemental Agreement No. 3 ISSUE Approve Supplemental Agreement No. 3 with RH2 Engineering, Inc. (RH2). Allan Ekberg, Mayor BACKGROUND RH2 is the consultant for the 2016 CBD Sanitary Sewer Rehabilitation Project with Contract No.16-054. The consultant is designing the CBD Sanitary Sewer Rehabilitation Program for repair and relining of the remaining sanitary sewer pipe in the CBD (Commercial Business District). DISCUSSION This Supplemental Agreement will revise the construction documents to include the use of ultraviolet (UV) cured in place pipe lining (CIPP) as an option to steam cured felt liner. The use of UV CIPP liner will increase the number of contractors that do CIPP pipe relining and this may result in better bid pricing. The time for the consultant to complete the project will be extended to January 31, 2018. The original contract and Supplemental Agreement No. 1 (time only) and No. 2 were under $40,000, but with Supplemental Agreement No. 3, the total contract will now be $41,382.28 and requires Council approval. FINANCIAL IMPACT The 2017 design budget for the CBD Sanitary Sewer Rehabilitation Project is $45,000.00 Agreement Budget for 2017 2016 CBD Sanitary Sewer Rehabilitation $ 31,386.35 $45,000.00 2017 Supplemental Agreement No. 2 5,006.50 2017 Supplemental Agreement No. 3 4,989.43 TOTAL $ 41.382.28 $ 45,000.00 RECOMMENDATION Council is being asked to approve Supplemental Agreement No. 3 to Contract No. 16-054 with RH2 Engineering, Inc. for the CBD Sanitary Sewer Rehabilitation Project in the amount of $4,989.43 and consider this item on the Consent Agenda at the October 16, 2017 Regular Meeting. Attachment: 2017 C I P Pg. 81 Supplemental Agreement No. 3 W:1PW Eng1PROJECTSIA- SW Projects1CBD Sewer Rehabilitation (91140203)11nro Memo CBD RH2 Sup 3 100617.docx CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2017 to 2022 PROJECT: CBD Sanitary Sewer Rehabilitation Project No. 91140203 DESCRIPTION: The asbestos concrete pipe in the CBD (commercial business district) is approximately 45 years old and becoming soft. Slip lining the pipe will reinforce the strength with little impact to roadways and minimal excavation. JUSTIFICATION: If the pipe collapses, the street will have to be excavated and the cost of the repairs will be significant. In the last five years we have had four major pipe failures on Andover Park West and Andover Park East, STATUS: In 2014 and 2015, over 10,500 feet of asbestos sanitary sewer pipe were relined. In 2016 through 2018, 20,000 feet of asbestos sewer is scheduled to be relined. MAINT. IMPACT: Reduced maintenance and repair costs. COMMENT: A Public Works Trust Fund loan was successfully obtained in 2012 for $750k. FINANCIAL Through Estimated 2016 2017 2018 2019 2020 2021 2022 BEYOND TOTAL EXPENSES Project Location,,,! ` `1 ��r y _A r 60 Design 323 37 45 45 45 495 Land (R/W) 1 i s I r L Irmo Dr T014,1 Or 1 Const. Mgmt. 112 85 120 120 120 557 Construction 736 1,540 1,100 1,100 1,049 5,525 TOTAL EXPENSES 1,172 1,662 1,265 1,265 1,214 0 0 0 0 6,578 FUND SOURCES Awarded Grant 0 PW Trust Fund 750 750 Mitigation Actual 0 Mitigation Expected 0 Utility Revenue 422 1,662 1,265 1,265 1,214 0 0 0 0 5,828 TOTAL SOURCES 1,172 1,662 1,265 1,265 1,214 0 0 0 0 6,578 2017 - 2022 Capital Improvement Program 81 2 Project Location,,,! ` `1 ��r y _A r 60 Pkwy _. F i s I r L Irmo Dr T014,1 Or / r• 100 kt o ✓ , o Elit 2017 - 2022 Capital Improvement Program 81 2 ORIGINAL. I PAGE NO SUPPLEMENTAL AGREEMENT NUMBER 3 to CONSULTANT AGREEMENT NUMBER 16-054(c) PAGES THIS SUPPLEMENTAL AGREEMENT is entered into between the City of Tukwila, Washington, herein -after referred to as "the City", and RH2 Engineering, Inc. hereinafter referred to as "the Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified. The City desires to supplement the agreement entered into with the Consultant and executed on, May 2, 2016 and identified as Agreement No. 16-054. All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: Background The purpose of this supplement is to add specifications to the bid package to allow for ultraviolet (UV) cured -in-place pipe (CIPP) to be installed. In the past seven (7) months, contractors with experience in the installation of UV CIPP have begun pursuing sewer pipeline restoration projects in Washington and Oregon. This is advantageous for the City because contractors that install the traditional felt CIPP have had an abundance of work in 2017. This has reduced competition recently, which increases costs and has delayed completion of work for some northwest agencies. Competition will be increased and more bids will be received if the City allows UV CIPP in addition to traditional felt CIPP methods to be bid. Below are the tasks necessary to modify the existing bid package to allow UV CIPP on this project. Task 1 — Technical Specifications for UV CIPP Objective: Modify existing bidding documents and technical specifications to allow contractors using UV CIPP to bid the project. Approach: 1.1. Perform structural calculations to size UV -cured liner thickness for soil and traffic loadings. UV CIPP has greater strength than felt CIPP and can be installed in thinner layers to accomplish the same level of structural integrity. 1.2. Add text to the Technical Specifications describing the required physical characteristics, codes, special installation methods, and other applicable items for the UV CIPP. 1.3. Edit bid schedule and pay descriptions to accommodate for traditional felt and UV CIPP. RH2 Deliverables: • Modifications to the Technical Specifications, bid schedule, and pay descriptions. Time for Performance, the completion date of the work shall be January 31, 2018. (W:Projects/04sw08/Supplmental Agreement 9 APS) af (6// 3 OF GNAL _J_IPAGE No ? _oF F PAGES 2. Payment, shall be as follows: o Payment for the work provided by the Consultant as part of this supplement shall be made for an additional $4,989.43. The total amount for the Consultant for this contract shall not exceed $41,382.28 without express written modification of the Agreement signed by the City. DATED this day of , 2017. CITY OF TUKWILA CONSULTANT Allan Ekberg, Mayor (W:Projects/04sw08/Supplmental Agreement 9 APS) By: Printed Name: Richard L. Ballard Title: Director 4 ;)R1G1NAL LPAGE N©; EXHIBIT A City of Tukwila Supplemental Agreement No. 3 to Agreement No. 16-054 2016 Central Business District Sanitary Sewer Rehabilitation Project - Design Fee Estimate Description Total Total Labor Total Expense Total Cost Hours Classification Task 1 Technical Specifications for (iv CIPP 27 1$ 4,705 $ 284 $ 4,989.43 Supplemental Agreement No. 3 to Agreement No. 16-054 27 $ 4,705.00 $ 284 $ 4,989.43 5 J:1Deia1TUH1116-0711Conlracl\Amend No. 3lSupp Agmt_No. 3 FEE_2016 CBD Sewer Rehab.xlsm 9/19/2017 12:46 PM 6 TO: FROM: BY: City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM Transportation and Infrastructure Committee Jack Pace, DCD Director Maggie Lubov, CTR Coordinator Valerie Lonneman, TDM Coordinator CC: Mayor Ekberg DATE: October 6, 2017 SUBJECT: WSDOT Transportation Demand Management (TDM) Program Allocation 2017-2019 ISSUE Biennial Washington State Department of Transportation (WSDOT) Transportation Demand Management (TDM) allocation for 2017-2019 (formerly Commute Trip Reduction (CTR) Program) BACKGROUND History and summary of the current TDM Program in Tukwila: • The program name has changed from Commute Trip Reduction (CTR) Program to Transportation Demand Management (TDM) Program in accordance with WSDOT change in nomenclature. • The City's TDM Program is mandated by state and operational since 1991. • The CTR Ordinance was updated and adopted in 2008, along with development of Tukwila's Local CTR Plan and Growth Transportation Efficiency Center (GTEC) Plan. • 20 Tukwila employers (including the City of Tukwila) provided TDM programs for their employees in the 2015/2016 survey cycle. The number of affected CTR sites is updated annually by the City based on state criteria and represents a snapshot at the time. This compares to the City of Renton with 11 affected employers, the City of Kent with 24 affected employers, Federal Way with 8 affected employers, and the City of SeaTac with 13 affected employers in the 2015/2016 survey cycle. • Employers are required to complete alternating biennial CTR Program Reports and Program Surveys to track progress toward goals. The City provides many services to assist CTR -affected and non -affected employers with implementation of TDM Programs, including the following: • Technical assistance given to all employers within the city, including access to statewide promotions such as Wheel Options and other monthly incentive programs, such as Bike to Work Month, administered through Rideshareonline.com. • Annual report and survey training and Employee Transportation Coordinator (ETC) training provided for all CTR sites. • Personalized assistance for ETCs and employees at all employer worksites. The City of Tukwila works closely with local agencies such as King County, local jurisdictions, WSDOT, the Puget Sound Regional Council, and others to coordinate, implement, and promote trip reduction activities and provide policy direction. The TDM Program is currently implementing two federally funded Congestion Mitigation Air Quality (CMAQ) Improvement Programs (one local, one regional) through December 2017 and December 2018, respectively. 7 INFORMATIONAL MEMO Page 2 DISCUSSION WSDOT has provided a biennial allocation for the City's TDM Program since 1993. The GCB2744 contract for 2017-2019 is a renewal of previous allocation contracts and is in the amount of $74,205.00, consistent with previous contracts. FINANCIAL IMPACT There is no impact to the general fund. The allocation provides a consistent source of funding for the TDM Program, which is leveraged by several concurrent Transportation Demand Management grants. RECOMMENDATION The Council is being asked to approve the WSDOT allocation contract for the Transportation Demand Management Program in the amount of $74,205.00 and consider this item on the Consent Agenda at the October 16, 2017 Regular Meeting. ATTACHMENTS Attachment A: GCB2744 WSDOT Transportation Demand Management Implementation Agreement 2017-2019 C:1UserslsusanlAppDatalLocaAMicrosoft\WindowslINetCachelContent.Outlook\CVDXZSJH12017-2019 WSDOT Contract_InfoMemo.docx 8 Transportation Demand Management Implementation Agreement Washington State Department of Transportation 310 Maple Park Avenue SE PO Box 47387 Olympia, WA 98504-7387 Contact Person: Kathy Johnston 360-705-7845 Contractor City of Tukwila 6300 Southcenter Blvd. Tukwila, WA 98188 Contact Person: Margaret Lubov 206-433-7142 Project Cost: State Funds $74,205 Contractor Funds $ 0 Total Project Cost $74,205 Federal ID #: 91-6001519 Scope of Project: As set forth in Exhibit 1, Project Scope of Work. Agreement Number: GCB2744 UPIN: PTTD805 Term of Project: July 1, 2017 through June 30, 2019 Service Area: Tukwila This AGREEMENT is entered into by the Washington State Department of Transportation, hereinafter referred to as "WSDOT" and the Contractor identified above, hereinafter referred to as "CONTRACTOR", and/or individually referred to as the "PARTY" and collectively referred to as the "PARTIES." WHEREAS, RCW 70.94.521 through RCW 70.94.555 establishes the state's leadership role, and the requirements and parameters to reduce traffic congestion, fuel use, and air pollution through commute trip reduction programs, including transportation demand management programs for growth and transportation efficiency centers ("GTEC") in Washington State; and WHEREAS, RCW 47.06.050 requires that when planning capacity and operational improvements, the State's first priority is to assess strategies to enhance the operational efficiency of the existing system, and states that strategies to enhance the operational efficiencies include, but are not limited to, access management, transportation system management, and demand management ("Strategies"); and WHEREAS, RCW 47.01.078 directs the State to develop strategies to reduce the per capita vehicle miles traveled, to consider efficiency tools including commute trip reduction and other demand management tools, and to promote the integration of multimodal planning in support of the transportation system policy goals described in RCW 47.04.280; and WHEREAS, the Legislature has directed the State to increase the integration of public transportation and the highway system, to facilitate coordination of transit services and planning, and to maximize opportunities to use public transportation to improve the efficiency of transportation corridors (RCW 47.01.330); and WHEREAS, RCW 47.80.010 encourages the State and local jurisdictions to identify opportunities for cooperation to achieve statewide and local transportation goals; and WHEREAS, the State of Washington in its Sessions Laws of 2017, Chapter 313 Section 220 (6) and (7), authorizes funding for Public Transportation and Commute Trip Reduction programs and other special proviso funding through the multi -modal transportation account as identified in the budget through its 2017-2019 biennial appropriations to WSDOT; and WHEREAS the WSDOT Public Transportation Division is responsible for administering funds on behalf of the Washington State Legislature; NOW, THEREFORE, in consideration of terms, conditions, performances and mutual covenants herein set forth and the attached Exhibit 1, "Project Scope of Work," and Exhibit 2, "Project Progress Reports," Exhibit 3, Invoice Voucher Template and Exhibit 4, Final Project Progress Report, IT IS MUTUALLY AGREED AS FOLLOWS: GCB2744 Page 1 of 13 9 Section 1 Purpose of Agreement A. The purpose of this AGREEMENT is for WSDOT to provide funding to the CONTRACTOR to be used solely for activities undertaken to fulfill the requirements of RCW 70.94.521 through RCW 70.94.555, hereinafter known as the "Project." B. If this AGREEMENT is used as match for any other related projects with federal funds, in addition to the requirements of Sections 1 through 22 of this AGREEMENT, the CONTRACTOR must assume full responsibility for complying with all federal rules and regulations consistent with the requirements imposed by use of the federal funds on any such related project(s), including but not limited to Title 23 of the U.S. Code, Highways, as applicable, the regulations issued pursuant thereto, 2 CFR Part 200, and 2 CFR Part 1201. The CONTRACTOR must also assume full responsibility for compliance with Federal Highway Administration's (FHWA) Required Contract Provisions Federal -Aid Construction Contracts, FHWA 1273, which may be found here, https://www.fhwa.dot.gov/programadmin/contracts/1273/1273.pdf , and any amendments thereto; and/or the Federal Transit Administration Master Agreement 23, which may be found here, https://www.transit.dot.gov/sites/fta.dot.go v/files/FTA%20Master%20Agreement%20FY2017%20-%2010-1- 2016.pdf, and any amendments thereto. Section 2 Scope of Work The CONTRACTOR agrees to perform all designated tasks of the Project under this AGREEMENT as described in Exhibit 1, "Project Scope of Work," attached hereto and by this reference is incorporated into this AGREEMENT. Section 3 Term of Project The CONTRACTOR shall commence, perform and complete the Project within the time defined in the caption space header above titled "Term of Project" of this AGREEMENT regardless of the date of execution of this AGREEMENT, unless terminated as provided herein. The caption space header above entitled' "Term of Project" and all caption space headers above are by this reference incorporated into this AGREEMENT as if fully set forth herein. Section 4 Project Costs The total reimbursable cost to accomplish the Project Scope of Work shall not exceed the "State Funds" detailed in the caption space header above titled "Project Costs." The CONTRACTOR agrees to expend eligible "State Funds" together with any "Contractor Funds" identified above in the caption space header "Project Costs," in an amount sufficient to complete the Project as detailed in Exhibit 1, "Project Scope of Work." If at any time the CONTRACTOR becomes aware that the cost that it expects to incur in the performance of this AGREEMENT will differ from the amount indicated in the caption space titled "Project Costs" above, the CONTRACTOR shall notify WSDOT in writing within three (3) business days of making that determination. Section 5 Reimbursement and Payment A. Payment will be made with State Funds by WSDOT on a reimbursable basis for actual costs and expenditures incurred, while performing eligible direct and related indirect Project work during the Project period. Payment is subject to the submission to and approval by WSDOT of properly prepared invoices that substantiate the costs and expenses submitted by CONTRACTOR for reimbursement. Failure to send in progress reports and financial information as required in Section 7 — Progress Reports may delay payment. The CONTRACTOR must submit an invoice using either State of Washington Form A-19 (Invoice Voucher), a copy of which is attached hereto as Exhibit 3 and by this reference incorporated into this AGREEMENT or a format approved by WSDOT. Such invoices may be submitted no more than once per month and no less than once per year, during the course of this AGREEMENT. If approved by WSDOT, said invoices shall be paid by WSDOT within thirty (30) days of receipt of the invoice. B. State Fiscal Year End Closure Requirement (RCW 43.88): The CONTRACTOR shall submit an invoice for completed work in the same state fiscal period, as defined in RCW 43.88, starting on July 1 and ending on June 30 the following year within the timeframe set forth in the caption space header of this AGREEMENT entitled "Term of Project" during which the work was performed. Reimbursement requests must be received by July 15 of each state fiscal period. If the CONTRACTOR is unable to provide an invoice by this date, the CONTRACTOR shall provide an estimate of the charges to be billed so WSDOT may accrue the expenditures in the proper fiscal period. Any subsequent reimbursement request submitted will be limited to the amount accrued as set forth in this section. Any payment request received after the timeframe prescribed above will not be eligible for reimbursement. GCB2744 Page 2 of 13 10 Section 6 Project Records The CONTRACTOR agrees to establish and maintain for the Project, either a separate set of accounts or, accounts within the framework of an established accounting system in order to sufficiently and properly reflect all eligible direct and related indirect Project costs incurred in the performance of this AGREEMENT. Such accounts are referred to herein collectively as the "Project Account." All costs claimed against the Project Account must be supported by properly executed payrolls, time records, invoices, contracts, and payment vouchers evidencing in sufficient detail the nature and propriety of the costs claimed. Section 7 Progress Reports The CONTRACTOR shall submit quarterly progress reports to WSDOT so that WSDOT may adequately and accurately assess the progress made under the terms of this AGREEMENT. The progress reports shall be prepared as prescribed by WSDOT on the forms provided in Exhibit 2, "Project Progress Report" and/or as provided and modified by WSDOT staff, attached hereto and by this reference incorporated into this AGREEMENT. The CONTRACTOR shall provide a final progress report, as prescribed in Exhibit 4, "Final Project Progress Report" and/or as provided by WSDOT staff, attached hereto and by this reference incorporated into this AGREEMENT, with any changes to the form applied according to the agreement modification process in Section 9. Progress reports shall be submitted to WSDOT no later than forty-five (45) days from the end of each calendar quarter. Section 8 Audits, Inspections, and Records Retention WSDOT, the State Auditor, and any of their representatives, shall have full access to and the right to examine, during normal business hours and as often as they deem necessary, all of the CONTRACTOR's records with respect to all matters covered by this AGREEMENT. Such representatives shall be permitted to audit, examine and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, and other matters covered by this AGREEMENT. In order to facilitate any audits and inspections, the CONTRACTOR shall retain all documents, papers, accounting records, and other materials pertaining to this AGREEMENT for six (6) years from the date of completion of the Project or the Project final payment date. However, in case of audit or litigation extending past that six (6) years period, then the CONTRACTOR must retain all records until the audit or litigation is completed. The CONTRACTOR shall be responsible to assure that the CONTRACTOR and any subcontractors of CONTRACTOR comply with the provisions of this section and provide, WSDOT, the State Auditor, and any of their representatives, access to such records within the scope of this AGREEMENT. Section 9 Agreement Modifications A. Either PARTY may request changes to this AGREEMENT, including changes in the Scope of Project. Such changes that are mutually agreed upon shall be incorporated as written amendments to this AGREEMENT. No variation or alteration of the terms of this AGREEMENT shall be valid unless made in writing and signed by authorized representatives of the PARTIES hereto, provided, however, that changes to the project title, federal ID number, UPIN the contact person of either PARTY, or dollar amount changes that do not affect the project total cost, will not require a written amendment, but will be approved and documented by WSDOT through an administrative revision. WSDOT shall notify the CONTRACTOR of the revision in writing. B. If an increase in funding by the funding source augments the CONTRACTOR's allocation of funding under this AGREEMENT, the CONTRACTOR and WSDOT agree to enter into an amendment to this AGREEMENT, providing for an appropriate change in the Scope of Project and/or the Project Cost in order to reflect any such increase in funding. C. If a reduction of funding by the funding source reduces the CONTRACTOR's allocation of funding under this AGREEMENT, the CONTRACTOR and WSDOT agree to enter into an amendment to this AGREEMENT providing for an appropriate change in the Scope of Project and/or the Project Cost in order to reflect any such reduction of funding. Section 10 Recapture Provision In the event that the CONTRACTOR fails to expend State Funds in accordance with state law and/or the provisions of this AGREEMENT, WSDOT reserves the right to recapture State Funds in an amount equivalent to the extent of noncompliance. The CONTRACTOR agrees to repay such State Funds under this recapture provision within thirty (30) days of demand. GCB2744 Page 3 of 13 11 Section 11 Disputes A. If the PARTIES cannot resolve by mutual agreement, a dispute arising from the performance of this AGREEMENT the CONTRACTOR may submit a written detailed description of the dispute to the WSDOT Public Transportation Division's Statewide Transportation Demand Management Programs Manager or the WSDOT Public Transportation Statewide Transportation Demand Management Programs Manager's designee who will issue a written decision within ten calendar (10) days of receipt of the written description of the dispute. This decision shall be final and conclusive unless within ten calendar (10) days from the date of CONTRACTOR's receipt of WSDOT's written decision, the CONTRACTOR mails or otherwise furnishes a written appeal to the Director of the Public Transportation Division or the Director's designee. In connection with any such appeal the CONTRACTOR shall be afforded an opportunity to offer material in support of its position. The CONTRACTOR's appeal shall be decided in writing within thirty (30) days of receipt of the appeal by the Director of the Public Transportation Division or the Director's designee. The decision shall be binding upon the CONTRACTOR and the CONTRACTOR shall abide by the decision. B. Performance During Dispute. Unless otherwise directed by WSDOT, the CONTRACTOR shall continue performance under this AGREEMENT while matters in dispute are being resolved. Section 12 Termination A. Termination for Convenience. WSDOT and/or the CONTRACTOR may suspend or terminate this AGREEMENT, in whole or in part, and all or any part of the financial assistance provided herein, at any time by written notice to the other PARTY. WSDOT and the CONTRACTOR shall agree upon the AGREEMENT termination provisions including but not limited to the settlement terms, conditions, and in the case of partial termination the portion to be terminated. Written notification must set forth the reasons for such termination, the effective date, and in case of a partial termination the portion to be terminated. However, if, in the case of partial termination, WSDOT determines that the remaining portion of the award will not accomplish the purposes for which the award was made, WSDOT may terminate the award in its entirety. The PARTIES may terminate this AGREEMENT for convenience for reasons including, but not limited to, the following: 1. The requisite funding becomes unavailable through failure of appropriation or otherwise; 2. WSDOT determines, in its sole discretion, that the continuation of the Project would not produce beneficial results commensurate with the further expenditure of funds; 3. The CONTRACTOR is prevented from proceeding with the Project as a direct result of an Executive Order of the President with respect to the prosecution of war or in the interest of national defense; or an Executive Order of the President or Governor of the State with respect to the preservation of energy resources; 4. The CONTRACTOR is prevented from proceeding with the Project by reason of a temporary preliminary, special, or permanent restraining order or injunction of a court of competent jurisdiction where the issuance of such order or injunction is primarily caused by the acts or omissions of persons or agencies other than the CONTRACTOR; or 5. The State Government determines that the purposes of the statute authorizing the Project would not be adequately served by the continuation of financial assistance for the Project; 6. In the case of termination for convenience under subsections A.1-5 above, WSDOT shall reimburse the CONTRACTOR for all costs payable under this AGREEMENT that the CONTRACTOR properly incurred prior to termination. The CONTRACTOR shall promptly submit its claim for reimbursement to WSDOT. If the CONTRACTOR has any property in its possession belonging to WSDOT, the CONTRACTOR will account for the same, and dispose of it in the manner WSDOT directs. B. Termination for Default. WSDOT may suspend or terminate this AGREEMENT for default, in whole or in part, and all or any part of the financial assistance provided herein, at any time by written notice to the CONTRACTOR, if the CONTRACTOR materially breaches or fails to perform any of the requirements of this AGREEMENT, including: 1. Takes any action pertaining to this AGREEMENT without the approval of WSDOT, which under the procedures of this AGREEMENT would have required the approval of WSDOT; 2. Jeopardizes its ability to perform pursuant to this AGREEMENT, United States of America laws, Washington state laws, or local governmental laws under which the CONTRACTOR operates; 3. Fails to make reasonable progress on the Project or other violation of this AGREEMENT that endangers substantial performance of the Project; or GCB2744 Page 4 of 13 12 4. Fails to perform in the manner called for in this AGREEMENT or fails, to comply with, or is in violation of, any provision of this AGREEMENT. WSDOT shall serve a notice of termination on the CONTRACTOR setting forth the manner in which the CONTRACTOR is in default hereunder. If it is later determined by WSDOT that the CONTRACTOR had an excusable reason for not performing, such as events which are not the fault of or are beyond the control of the CONTRACTOR, such as a strike, fire or flood, WSDOT may: (a) allow the CONTRACTOR to continue work after setting up a new delivery of performance schedule, or (b) treat the termination as a termination for convenience. C. WSDOT, in its sole discretion may, in the case of a termination for breach or default, allow the CONTRACTOR ten (10) business days, or such longer period as determined by WSDOT, in which to cure the defect. In such case, the notice of termination will state the time period in which cure is permitted and other appropriate conditions. If the CONTRACTOR fails to remedy to WSDOT's satisfaction the breach or default within the timeframe and under the conditions set forth in the notice of termination, WSDOT shall have the right to terminate this AGREEMENT without any further obligation to CONTRACTOR. Any such termination for default shall not in any way operate to preclude WSDOT from also pursuing all available remedies against CONTRACTOR and its sureties for said breach or default. D. In the event that WSDOT elects to waive its remedies for any breach by CONTRACTOR of any covenant, term or condition of this AGREEMENT, such waiver by WSDOT shall not limit WSDOT's remedies for any succeeding breach of that or of any other term, covenant, or condition of this AGREEMENT. E. Any termination of the AGREEMENT, whether for convenience or for default, that requires the AGREEMENT to be terminated or discontinued before the specified end date set forth in the caption header, "Term of Project", shall require WSDOT to amend the AGREEMENT to reflect the termination date and reason for termination. Section 13 Forbearance by WSDOT Not a Waiver Any forbearance by WSDOT in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. Section 14 Waiver In no event shall any WSDOT payment of grant funds to the CONTRACTOR constitute or be construed as a waiver by WSDOT of any CONTRACTOR breach, or default, and shall in no way impair or prejudice any right or remedy available to WSDOT with respect to any breach or default. In no event shall acceptance of any WSDOT payment of grant funds by the CONTRACTOR constitute or be construed as a waiver by CONTRACTOR of any WSDOT breach, or default which shall in no way impair or prejudice any right or remedy available to CONTRACTOR with respect to any breach or default. Section 15 WSDOT Advice The CONTRACTOR bears complete responsibility for the administration and success of the work as it is defined in this AGREEMENT and any amendments thereto. Although the CONTRACTOR may seek the advice of WSDOT, the offering of WSDOT advice shall not modify the CONTRACTOR's rights and obligations under this AGREEMENT and WSDOT shall not be held liable for any advice offered to the CONTRACTOR. Section 16 Limitation of Liability and Indemnification A. The CONTRACTOR shall indemnify and hold harmless WSDOT, its agents, employees, and officers and process and defend at its own expense any and all claims, demands, suits at law or equity, actions, penalties, losses, damages, or costs (hereinafter referred to collectively as "claims"), of whatsoever kind or nature brought against WSDOT arising out of, in connection with or incident to this AGREEMENT and/or the CONTRACTOR's performance or failure to perform any aspect of this AGREEMENT. This indemnity provision applies to all claims against WSDOT, its agents, employees and officers arising out of, in connection with or incident to the acts or omissions of the CONTRACTOR, its agents, employees and officers. Provided, however, that nothing herein shall require the CONTRACTOR to indemnify and hold harmless or defend the WSDOT, its agents, employees or officers to the extent that claims are caused by the acts or omissions of the WSDOT, its agents, employees or officers. The indemnification and hold harmless provision shall survive termination of this AGREEMENT. GCB2744 Page 5 of 13 13 B. The CONTRACTOR shall be deemed an independent contractor for all purposes, and the employees of the CONTRACTOR or its subcontractors and the employees thereof, shall not in any manner be deemed to be the employees of WSDOT. C. The CONTRACTOR specifically assumes potential liability for actions brought by CONTRACTOR's employees and/or subcontractors and solely for the purposes of this indemnification and defense, the CONTRACTOR specifically waives any immunity under the State Industrial Insurance Law, Title 51 Revised Code of Washington. D. In the event either the CONTRACTOR or WSDOT incurs attorney's fees, costs or other legal expenses to enforce the provisions of this section of this AGREEMENT against the other PARTY, all such fees, costs and expenses shall be recoverable by the prevailing PARTY. Section 17 Governing Law, Venue, and Process This AGREEMENT shall be construed and enforced in accordance with, and the validity and performance thereof shall be governed by the laws of the State of Washington. In the event that either PARTY deems it necessary to institute legal action or proceedings to enforce any right or obligation under this AGREEMENT, the PARTIES hereto agree that any such action shall be initiated in the Superior Court of the State of Washington situated in Thurston County. Section 18 Compliance with Laws and Regulations The CONTRACTOR agrees to abide by all applicable State laws and regulations, including, but not limited to those concerning employment, equal opportunity employment, nondiscrimination assurances, Project record keeping necessary to evidence AGREEMENT compliance, and retention of all such records. The CONTRACTOR will adhere to all of the nondiscrimination provisions in Chapter 49.60 RCW. The CONTRACTOR will also comply with the Americans with Disabilities Act of 1990 (ADA), Public Law 101-336, including any amendments thereto which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment public accommodations, state and local government services and telecommunication. Section 19 Severability If any covenant or provision of this AGREEMENT shall be adjudged void, such adjudication shall not affect the validity or obligation of performance of any other covenant or provision, or part thereof, that in itself is valid if such remainder conforms to the terms and requirements of applicable law and the intent of this AGREEMENT. No controversy concerning any covenant or provision shall delay the performance of any other covenant or provision except as herein allowed. Section 20 Counterparts This AGREEMENT may be executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. The CONTRACTOR does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements and their supporting materials contained and/or mentioned in such executed counterpart, and does hereby accept State Funds and agrees to all of the terms and conditions thereof. Section 21 Execution This AGREEMENT is executed by the Director of the Public Transportation Division, State of Washington, Depaitiiient of Transportation, or the Director's designee, not as an individual incurring personal obligation and liability, but solely by, for, and on behalf of the State of Washington, Department of Transportation, in his/her capacity as Director of the Public Transportation Division. Section 22 Binding Agreement The undersigned acknowledges that they are authorized to execute the AGREEMENT and bind their respective agency(ies) and/or entity(ies) to the obligations set forth herein. GCB2744 Page 6 of 13 14 IN WITNESS WHEREOF, the PARTIES hereto have executed this AGREEMENT the day and year last signed below. WASHINGTON STATE CONTRACTOR DEPARTMENT OF TRANSPORTATION Brian Lagerberg, Director Authorized Representative Public Transportation Division Title Print Name Date Date APPROVED AS TO FORM BY: Susan Cruise Assistant Attorney General 9/11/2017 Date GCB2744 Page 7 of 13 15 EXHIBIT 1 Project Scope of Work Commute Trip Reduction (CTR) 1. Scope of Work A. Administrative Work Plan The CONTRACTOR agrees to submit to WSDOT an administrative work plan by the end of the first quarter of this agreement or when the CONTRACTOR submits its first invoice, whichever is sooner. The administrative work plan will include the following elements: 1. The work plan shall identify the deliverables, schedule, expected outcomes, performance measures and the budget specific to strategies associated with this AGREEMENT and other strategies as defined in the approved and locally adopted CTR or GTEC plans. These plans may include, but are not limited to, recruiting new employer worksites, reviewing employer programs, administering surveys, reviewing program exemption requests, providing employer training, providing incentives, performing promotion and marketing, and providing emergency ride home and other commuter services. 2. The administrative work plan budget shall identify how the CONTRACTOR will use the state funds provided in this AGREEMENT for each task. The work plan shall also provide an estimate of the other financial resources not provided in this AGREEMENT that will be used to complete each task. 3. The administrative work plan must be approved in writing by the WSDOT Project Manager, and shall be incorporated as a written amendment to the AGREEMENT. The administrative work plan may be amended based on mutual written agreement between the WSDOT Project Manager and the CONTRACTOR and shall be incorporated as a written amendment to this AGREEMENT. B. Work to be Performed The county or city, whichever applies, has enacted or will enact a Commute Trip Reduction (CTR) ordinance in compliance with RCW 7094.521 through RCW 70.94.555. The CONTRACTOR agrees to implement a CTR program based on the approved administrative work plan and the draft or adopted local CTR plan and to comply with all provisions of the applicable county or city ordinance. C. Use of State Funds for Incentives// The CONTRACTOR agrees to use State funds provided as part of this AGREEMENT in accordance with incentives guidance that WSDOT shall provide to the CONTRACTOR. D. Quarterly Progress Reports and Invoices The CONTRACTOR agrees to submit to WSDOT complete quarterly progress reports, as specified by WSDOT in Section 7 — Progress Reports of the AGREEMENT, in Exhibit 2, "Project Progress Report", and as integrated with the deliverables identified in the administrative work plan, along with all invoices in accordance with Section 5 — Reimbursement and Payment of the AGREEMENT. All invoices shall be complete and accurately reflect actual State funded expenditures. Only those activities identified in the CONTRACTOR'S approved administrative work plan will be reimbursed by WSDOT. E. Final Progress Report The CONTRACTOR agrees to submit to WSDOT a fmal progress report, a template of which is attached hereto as Exhibit 4, "Final Project Progress Report," to replace the last quarterly progress GCB2744 Page 8 of 13 16 report in the period of the AGREEMENT. The final progress report shall provide an estimate of any other financial resources not provided in this AGREEMENT that were used to complete each task and shall provide a list of the funds provided in this AGREEMENT that were disbursed by the CONTRACTOR to its eligible contracting partner(s). F. Funding Distribution The CONTRACTOR may distribute funds to local jurisdictions to include counties, cities, transit agencies, Transportation Management Associations, and Metropolitan Planning Organizations or other eligible organizations authorized to enter into agreements for the purposes of implementing CTR and/or GTEC, plans as applicable, and as authorized by RCW 70.94.544, and by ordinances adopted pursuant to RCW 70.94.527(5). G. Implementation Plans The CONTRACTOR shall incorporate appropriate sections of the Project Scope of Work and incentives guidance, as well as the approved administrative work plan, in all agreements with eligible contracting partner(s), as necessary, to coordinate the development, implementation, and administration of such CTR and/or GTEC plans, and in compliance with applicable ordinances. H. Appeals and Modifications The CONTRACTOR shall maintain an appeals process consistent with the Administrative Procedures section contained in the CTR Guidelines which may be obtained from WSDOT or found at http://www.wsdot,wa.gov/Transit/CTR/law.lrtm. I. Coordination with Regional Transportation Planning Organizations (RTPO) The CONTRACTOR shall coordinate the development and implementation of its CTR and/or GTEC plan and programs with the applicable regional transportation planning organization (RTPO). The CONTRACTOR agrees to notify the RTPO of any substantial changes to its plans and programs that could impact the success of the regional CTR plan. The CONTRACTOR agrees to provide information about the progress of its CTR and/or GTEC plan and programs to the RTPO upon request. J. Survey Coordination The CONTRACTOR agrees to coordinate with WSDOT and its contracting partners for commute trip reduction employer surveys. K. Planning Data The CONTRACTOR agrees to provide WSDOT with the program goals established for newly affected worksites when they are established by the local jurisdiction. The CONTRACTOR agrees to provide WSDOT with updated program goals for affected worksites and jurisdictions as requested. These updates shall be submitted electronically in a format specified by WSDOT. L. Database Updates The CONTRACTOR agrees to provide WSDOT and the CONTRACTOR's contracting partners with updated lists of affected or participating worksites, employee transportation coordinators, and jurisdiction contacts, as requested. These updates will be submitted in a format specified by WSDOT. GCB2744 Page 9 of 13 17 EXHIBIT 2 Project Progress Report Commute Trip Reduction (CTR) Quarterly Project Report Reporting quarter: Date: Organization: Agreement number: Biennial targets Estimate of drive -alone trips to reduce to meet goal: Key deliverables: (from administrative work plan) • Completed activities this quarter • Planned activities for next quarter • Describe issues, risks or challenges and resolutions • Estimated expenditures of state funds for this quarter • GCB2744 Page 10 of 13 18 Am. ie. -7z Washington State Ira Department of Transportation EXHIBIT 3 Invoice Voucher Template INVOICE VOUCHER Email a scan of the signed original with supporting documents if required to PTDlnvoicesjwsdotwa.gov and Cc to the assigned Community Liaison Subject: 0 0 MINORITY BUSINESSES MARK 60X{ES) IF APPROPRIATE M 1.7,6 LJ E EJ VENDOR OR CLAIMANT {WARRANT TO BE PAYAELE TO VENDORS CERTIFICATE I hear by ,.y urde. pena:y of perjury riat the ^,e -Tis and total listed herein are proper charges for materials, rrrertandse cr seyrx-s fum shed to the State ce Washrgton, and t'iat all gads Lmisrled a• -.d i or rces rendered have been provded without discriminacn on :he grounds of race, creed. odor, raticnal orgin, sex cr a -2e. EC7n7i.75g11,717,7"------------------- FEDERAL ID. NO. CR SOCIAL Da•omc-rils to IR.'S) INSTRUCTIONS DATE SECURITY NO. 0- repr..rt ng percral ser.ice c*-t-ar, TO VENDOR OR CLAIMANT: Show complete DESCRIPTION 71,TLE detail for each item DATE below. CURRENT EXPENDITURES SUB OBJ TDM Implementation/Administration and Employer Support NET AMOUNT VOUCHER # Err oIoyer TriairingThietwor'Kind 0723 NZ13 631020 50 00 Total Billed This Period $0.00 AGREEMENT PROGRAM DESCRIPTION BILLING PERIOD INVOICE NUMBER 2015-17 TDM Implementation 0 FOR WSDOT ONLY GCB2744 ION Reve€d byConaunfty 1.13SVI Date Aprxr.d. by Bus Iless Sewces Staff Date Page 11 of 13 19 ACCOUNTING CLASSIF1C , JOB NUMBER WORK OP SUB OBJ ORG NUMBER NET AMOUNT VOUCHER # 2P6773- 0723 NZ13 631020 50 00 GCB2744 ION Reve€d byConaunfty 1.13SVI Date Aprxr.d. by Bus Iless Sewces Staff Date Page 11 of 13 19 EXHIBIT 4 Final Project Progress Report Commute Trip Reduction (CTR) Final Project Report Biennium: 2015-2017 Date: Outcomes met? Organization: Agreement number: GCB Biennial targets Estimate of drive -alone trips to reduce to meet goal: • Deliverables: (from administrative work plan) • Describe your progress on each of your deliverables this biennium. • Did you meet your targets for this biennium? Why or why not? What were your major successes this biennium? How did they help you make progress toward the goals in your jurisdiction's CTR plan(s) and/or work plans/scope of work? • What were your major challenges this biennium? How did they hinder your progress toward the goals in your jurisdiction's CTR plan(s) and/or work plans/scope of work? • How do you measure the performance of your strategies? • What did you learn this biennium? • What would help you be more successful in the future? Please be specific (If it's more resources, how much and what would they be for, etc.). • For each of the strategies in your administrative work plan, describe your expected outcomes, whether you met those outcomes, and why or why not. Strategy Expected outcomes Performance measures Outcomes met? Why or why not? GCB2744 Page 12 of 13 20 If your organization used other financial resources besides state CTR funds to implement the activities in your administrative work plan for this agreement, please provide the information below. Source of local funds Estimated funds spent How the funds were this agreement used Total local funds: If your organization disbursed any state CTR funds to other organizations to implement the activities in your administrative work plan for this agreement, please list the total amount disbursed for the biennium below. Organization Total disbursed this agreement Purpose of disbursal Total disbursement: GCB2744 Page 13 of 13 21 22 TO: FROM: BY: City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM Transportation and Infrastructure Committee Jack Pace, DCD Director Maggie Lubov, CTR Coordinator Valerie Lonneman, TDM Coordinator CC: Mayor Ekberg DATE: October 6, 2017 SUBJECT: King County Metro Transportation Demand Management Agreement 2017- 2019 ISSUE King County Metro Regional Mobility Grant (RMG) funding to continue implementation of Transportation Demand Management (TDM) activities in south King County. BACKGROUND The City of Tukwila TDM Program was previously awarded RMG passthrough funding in 2016/17 to enhance TDM services in the south King County cities of Tukwila, Renton, Kent, SeaTac, Federal Way, and Burien. TDM Program staff implemented outreach on behalf of Metro's Just One Trip campaign to encourage anyone who lives, works, or spends time in the target south King County jurisdictions to consider trying an alternative commute or travel mode. DISCUSSION A new wave of funding has been secured and offered to the City's TDM Program to continue general TDM outreach services in south King County and explore opportunities for economies of scale with ORCA card pass programs at non -CTR affected sites. The implementation will include use of a new ridesharing/trip logging platform, which will allow the City and County to assess opportunities for expanding the use such a program. FINANCIAL IMPACT There is no impact to the general fund. The funding leverages other TDM Program grants, allowing for more robust implementation and contributes to sustaining the program's expanded staff capacity. RECOMMENDATION The Council is being asked to approve the King County Metro contract for the Transportation Demand Management Program in the amount of $75,000 and consider this item on the Consent Agenda at the October 16, 2017 Regular Meeting. ATTACHMENTS Attachment A: King County Metro Transportation Demand Management Agreement 2017-2019 23 TRANSPORTATION DEMAND MANAGEMENT AGREEMENT King County, Department of Transportation, Metro Transit Division and City of Tukwila, Transportation Demand Management Program THIS TRANSPORTATION DEMAND MANAGEMENT AGREEMENT (the "Agreement") is made and entered into by and between the City of Tukwila, a Washington municipal corporation (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 individually as "Party" or collectively as the "Parties." WHEREAS, the County has entered into a Washington State Department of Transportation ("WSDOT") Regional Mobility Grant Agreement, number GCB -2288 (the "WSDOT Grant"); and WHEREAS, the WSDOT Grant has a project scope designed to improve I-90 performance by more fully integrating the components of Results Washington; and WHEREAS, the project will help mitigate the impacts of regional construction and traffic delays on surface streets to maximize person -throughput along the I-405, I-90 and SR 167 and I-5 corridors ; and WHEREAS, the County will implement the WSDOT Grant by collaborating with local jurisdictions, Sound Transit and WSDOT to encourage reduction of vehicle trips within the I-90 travel shed through various transportation demand management ("TDM") activities including outreach, marketing, promotions and incentives; and WHEREAS, the City will provide a program that includes TDM services for travelers with an origin or destination in Tukwila, Renton, SeaTac, Kent, Burien, or Federal Way through an extension of their residential and employer program entitled South King County Transportation Options and the City's Commute Trip Reduction program; and WHEREAS, using TDM activities the City will market transportation alternatives by supporting and encouraging residents, employers, property managers, employees and students who are interested in changing their travel behavior to reduce traffic in Tukwila and improve performance on the impacted corridors; NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements set forth herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged by both Parties, the Parties agree as follows: 1. PURPOSE OF AGREEMENT Transportation Demand Management Agreement between the City of Tukwila and King County Page 1 of 14 24 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 to implement a program to provide TDM services as provided for in the Agreement, including its recitals and exhibits. In consideration of the City's performance of the tasks and responsibilities set forth in the Agreement, the County will provide the City with a total of up to $75,000 in funding from the WSDOT Grant. The funds will be used to assist in financing the City's South King County Transportation Options TDM Program. The work objectives, budget and timelines are stated in the Scope of Work 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 effective upon the date that it is signed by both Parties (the "Effective Date"), and shall remain in effect through June 30, 2019, unless earlier terminated in accordance with Section 7 of the Agreement. Any changes made within the Scope of Work of this Agreement must be mutually agreed upon by both Parties in writing. If any such changes cause an increase or decrease in the cost, or in the time, required for the performance of any work undertaken under this Agreement, an equitable adjustment to the price or period of performance may be discussed by the Parties and, if the Parties agree on any such proposed modification, the Agreement shall then be modified in writing accordingly, pursuant to the provisions of Section 13 of this Agreement. 3. SCOPE 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 Scope of Work described in Exhibit A. The project objectives, timelines and budget are stated in the Scope of Work described in Exhibit A. 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 Scope of Work set forth in Exhibit A to this Agreement. The City shall submit completed invoice(s) to the County detailing expenses, quarterly activities, deliverables completed, outcomes and metrics broken out by the cost categories detailed in the budget contained in Exhibit A to this Agreement. The invoices shall be submitted to the County within thirty (30) days of each quarter's end. The County will include the information provided by the City in quarterly reports required by WSDOT where applicable. The City will provide financial information for the last invoice for work performed and billed to the WSDOT Grant by June 15, 2019 to enable the County to accrue the billing with WSDOT. The City will then prepare and submit the final billing on the WSDOT Grant within thirty (10) calendar days after June 30, 2019. The County shall pay the City within thirty (30) calendar days after the County has received completed invoices and approved them for payment. In no event shall the total reimbursement to the City for work performed pursuant to this Agreement exceed $75,000 (the "Reimbursement Cap"). Transportation Demand Management Agreement between the City of Tukwila and King County Page 2 of 14 25 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 expiration of the Agreement. 5. SUBCONTRACTS This Agreement is subject to the requirements of the WSDOT Grant, pursuant to which the County, as the grantee, agreed to include Sections 9 through 17 of the WSDOT Grant, attached hereto as Exhibit B and incorporated herein by this reference, in each subgrant 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 WSDOT Grant funds. The County further agreed that those clauses shall not be modified in any such subcontract, except to identify the subgrantee or other person or entity that will be subject to its provisions. As a subgrantee of the County, the City agrees to comply with the requirements of Exhibit B, include the terms of Exhibit B in any contract it enters into pursuant to this Agreement for any work to be accomplished with WSDOT Grant funds, and ensure that any of its subcontractors comply with the requirements of Exhibit B when performing work pursuant to this Agreement with WSDOT Grant funds. 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: For the City of Tukwila: Bill Bryant, Managing Director Metro Transit Service Development 201 South Jackson Street, M/S KSC-TR-0442 Seattle, WA 98104 (206) 477-6456 Bill.Bryant@lcingcounty.gov Peggy McCarthy, Finance Director City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98188 (206) 433-1838 Peggy.McCarthy@TukwilaWA.gov 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. Transportation Demand Management Agreement between the City of Tukwila and King County Page 3 of 14 26 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 the WSDOT Grant funding by giving not less than thirty (30) calendar days' written notice thereof to the City. 8. LEGAL RELATIONS 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. Transportation Demand Management Agreement between the City of Tukwila and King County Page 4 of 14 27 8.3 Assignment. Neither this Agreement, nor any interest herein, may be assigned by either Party without the prior written consent of the other Party. 8.4 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. 8.5 Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 8.5 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. 8.6 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. 8_7 Survival. Each of the provisions of this Section 8 (Legal Relations) shall survive the expiration or any earlier termination of this Agreement. 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 Transportation Demand Management Agreement between the City of Tukwila and King County Page 5 of 14 28 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 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. The provisions of this Section 10 shall survive the expiration or any earlier termination of this Agreement. 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. AMENDMENTS 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 16.1 Notice. Any notice or communication required or permitted to be given pursuant to this Agreement shall be in writing, and shall be sent postage prepaid by U.S. Mail, return receipt requested, to the contact persons and addresses identified in Subsection 16.2 of this Agreement unless otherwise indicated by the Parties in writing. The contact information identified in Subsection 16.2 may be updated by either Party for their agency only and shall be submitted in Transportation Demand Management Agreement between the City of Tukwila and King County Page 6 of 14 29 writing or electronic mail to the other Party. Any update to the Contract Managers identified in Subsection 16.2 shall state the effective date of said update. 16.2 Contact Person and Contact Information. The contact persons for the management and administration of this Agreement are as follows: Contract Manager City of Tukwila King County Contact Name Valerie Lonneman Debbie Jaksich Title Transportation Demand Management Coordinator Program/Project Manager III King County Address 6300 Southcenter Blvd., Suite 100, Tukwila, WA 98188 201 S. Jackson St. M/S KSC-TR-0411 Seattle, WA 98104 Telephone 206-433-7140 206- 477-5836 E -Mail Valerie.Lonneman @TukwilaWA.gov debbie. jaksich @ kingcounty.gov 17. EXECUTION OF AGREEMENT This Agreement may 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: Rob Gannon, General Manager Metro Transit Division King County Department of Transportation By: Allan Ekberg, Mayor City of Tukwila Date: Date: Transportation Demand Management Agreement between the City of Tukwila and King County Page 7 of 14 30 Exhibit A 2017-2019 Tukwila Scope of Work I-90 Regional Mobility Grant The purpose of the I-90 Regional Mobility Grant (RMG) is to provide Transportation Demand Management (TDM) services along the I-90, 1-405, I-5, and SR 167 and SR 520 corridors, to reduce congestion and increase mobility. The program will promote the use of transportation alternatives to driving alone through outreach, marketing, incentives, education, assistance, and information. The City will provide TDM services for travelers with an origin or destination in the cities of Tukwila, Renton, Kent, SeaTac, Federal Way, and Burien through an extension of their Regional CMAQ residential and employer program, South King County Transportation Options, and the City's Commute Trip Reduction program. The City and the County will mutually agree on messaging that will be included on program materials for marketing and outreach purposes. These services will be provided for the time period beginning with the execution of the agreement and ending June 30, 2019. Scope of Services The City of Tukwila TDM Program will target residents, employees and employers that 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 traveling in the I-90 travel shed; • Provide rewards and incentives related to transportation through expansion of new ridesharing platform pilot; • Work to improve people's perceptions of these alternatives; • Explore options for capital improvements such as bike lockers, bike racks, bike repair stations, wayfinding signage, etc. • Communicate the goals of keeping traffic moving and other topics related to road construction and information; and • Educate employers on available commute benefit strategies and programs. An evaluation of the program will be provided to the County by June 15, 2019, outlining what has been accomplished in the program and including trip reduction data, during the period following the execution of the agreement through the end of May 2019. The final invoice for this scope of work shall be submitted to the County no later than July 5, 2019. Transportation Demand Management Agreement between the City of Tukwila and King County Page 8 of 14 31 Program Description Issue/Problem Sites not affected by the CTR law may receive limited or no transportation benefits/support. Smaller sites often have difficulty allocating funding for transportation assistance or education. Sites housed within larger centers may not have a direct role in parking management, which further limits their ability to leverage funds for alternative transportation programs. Goals: • Increase the use of and access to transit and other alternative modes of transportation in South King County (increase NDAT and decrease VMT) • Reduce congestion along major regional corridors, including I-90, I-5 and I-405 • Reduce administrative burden at individual sites by clustering sites into one program at large centers. Potential Trip Markets • Employment sites with clusters of non -CTR affected employers • Multi -family residences (affordable and market rate housing) • Schools Potential sites for a pilot program include: o Sea -Tac Airport (partner with Port Jobs, Port of Seattle, City of SeaTac) o Westfield Southcenter Mall and/or other retail centers (partner with individual employers) o Affordable and market rate or mixed income multifamily housing sites throughout Tukwila, SeaTac, Renton, Kent, Federal Way, and Burien (partner with King County Housing Authority, Hopelink, other non -profits and affordable housing sites) o Highline Community College (existing partnership for Public Transportation Options training sessions through Hopelink subcontract) Strategies This program will market transportation alternatives through a direct, individualized approach supporting and encouraging residents, employees and college students to change their travel behavior and will include Just One Trip program messaging as provided by King County. Methodology will include individualized marketing; social marketing; and engaging community and residential groups, individuals, businesses and other targeted groups of corridor users. Marketing will focus on alternative transportation options such as transit, vanpool, and carpool, biking and walking for both commute and personal trips. Social marketing strategies may include pledge commitments; online trip logs to identify mode changes through platforms such as RideshareOnline.com; incentives such as paying down the cost of non -drive - Transportation Demand Management Agreement between the City of Tukwila and King County Page 9 of 14 32 alone trips and discounts/coupons for local businesses; and use of social media and traditional media to guide perceptions of transportation -related social norms. Capital improvements to biking and walking infrastructure to promote active transportation. Strategies may include, but are not limited to: • Administration of transportation behavior survey. • Education and training on transportation options. • Distribution of ORCA cards loaded with E -Purse, monthly or annual transportation passes for employers or sites. • Exploration of opportunities to centralize facilitation of alternative ORCA passport programs, including incorporation of reduced fare cards for individuals who qualify for ORCA Lift or RRFP. • Installation of bicycle and pedestrian amenities. • Distribution of safety/visibility gear for active transportation. • Expand new ridesharing/trip logging pilot program. Basic features of the ridesharing platform to be piloted (RideShark) include: o Trip logging via web and mobile app a Multi -modal trip planning o Ride matching for biking, walking, transit, carpool, and vanpool o Incentive management o Updated data collection and management o Unlimited subsites with the potential to develop customizable webpages for employers/sites Additional incentives may be used, such as rewards for ridematch events and community transportation fairs. Potential for Scalability This project will test two new techniques that both have potential for scalability: • Centralized facilitation of ORCA card E -Purse, monthly and/or annual pass for non -CTR affected sites. • New ridesharing platform with app -based software to facilitate user-friendly trip logging, data collection, and incentives. Transportation Demand Management Agreement between the City of Tukwila and King County Page 10 of 14 33 34 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Transportation & Infrastructure Committee FROM: Laurel Humphrey, Council Analyst CC: Mayor Ekberg DATE: October 6, 2017 SUBJECT: Metro Customer Parking Options at Interurban Ave South and 52nd Avenue South ISSUE Update on new Metro customer permit programs at the two parking lots located at Interurban Avenue South and 52nd Avenue South. DISCUSSION King County Metro operates multiple park & ride lots for customers transferring to a bus, vanpool, or carpool. Parking availability at these lots is extremely limited throughout the County. To address this growing problem, in 2017 Metro has stepped up its enforcement of these lots as well as launched two new permit programs. In Tukwila, routes 150, 154, and 193 travel on Interurban Avenue South, and two separate parking lots on Interurban Avenue South and 52' Avenue South are part of the new permitting programs aimed at Metro customers. Tukwila Park & Ride, 13445 Interurban Avenue South This 267 -space lot is managed by King County Metro. Metro launched a pilot carpool parking permit program at six lots in February 2017, and is now expanding the program to add nine additional lots this fall due to funding from a PSRC Congestion Mitigation and Air Quality (CMAQ) grant awarded in 2016. Because the Tukwila P&R is typically at 90% capacity or above by 9 a.m. on weekdays, it is now included in the expanded program. Applications for the carpool permit program at the Tukwila P&R are open as of October 2, and permits are free if applicants meet the conditions as follows: Groups of two or more commuters who regularly drive together to participating park & rides to catch transit, meet a vanpool, or another carpool are eligible to apply for carpool parking permits. Permits are free and allow permit holders to park in designated permit parking areas on weekdays during the morning rush hour. Applicants must provide basic contact information and ORCA card numbers, Vanpool ID, or RideshareOnline,com email account for each member of a carpool. Regular transit ridership is not required for initial issue of a permit, but once a permit is issued ORCA numbers, Vanpool, or RideshareOnline.com will be checked to verify regular transit ridership. At least two carpool members must average three days of ridership per week (12 days per month) to qualify for monthly permit renewals. "Park by Transit" Diamond Lot, 13451 Interurban Avenue South Earlier this year, King County Metro partnered with Diamond Parking to launch a new monthly paid parking program to help alleviate congestion at park and rides using existing spaces on private property. The privately -owned lot across from the Tukwila P&R has been added to this 35 INFORMATIONAL MEMO Page 2 program at a monthly rate of $85.50, including taxes and processing fees. This amounts to around $4 per work day in a typical month, and users who sign up for a monthly permit get the first month free. Rates at these lots are variable, ranging from $30 - $155 depending on the location, and as these are privately owned and operated lots, Diamond Parking set the prices based upon the local market. This public-private partnership is partially funded by a grant from the Federal Highway Administration, and Metro is not collecting parking revenues. Diamond Parking manages the lots and customer transactions. King County's role was to develop the business model, partner with Diamond, apply grant funds to the first month free, and will now step back to a promotional role. DISCUSSION The Committee is asked to discuss the information and let staff know of any questions for follow-up. 36 City of Tukwila Public Works Department - Bob Giberson, Director TO: Transportation and Infrastructure Committee FROM: Robin Tischmak, Acting Public Works Director CC: Mayor Ekberg DATE: October 6, 2017 SUBJECT: Speed Cushion Pilot Project - Implementation Criteria Project No. 91610410 Allan Ekberg, Mayor ISSUE Develop implementation criteria for traffic calming features that include speed cushions and/or radar speed display signs on residential streets in the event that funding is programmed in future budget cycles. BACKGROUND The City's Capital Improvement Program (CIP) has historically included a Neighborhood Traffic Calming Program that is unfunded due to staffing needs. A speed cushion pilot project was implemented on S 160th St to determine the effectiveness of innovative speed cushions in conjunction with radar speed display signs. Formal criteria are desired for the possible implementation of similar improvements on other residential streets throughout the City in case funding is budgeted to expand this effort into an ongoing program. DISCUSSION The three most common engineering criteria used to justify traffic calming initiatives are related to speeding, traffic accidents and vehicle volumes. High speeds and a history of traffic accidents are primary safety concerns. Vehicle volumes are an indicator of the type of roadway facility and would be used to determine the cost effectiveness of installing improvements. Very low volume streets may not merit the cost of traffic calming measures while higher volume streets (those arterials intended to move traffic) may likely have the adverse consequence of causing cut -through traffic on adjacent streets. In addition to the common criteria mentioned above, other factors can be evaluated for consideration such as: population density, school routes, existing pedestrian facilities, transit routes, or other characteristics specific to a street under consideration. After evaluation, a determination to install radar speed display signs, speed cushions, or other traffic calming measures will be made. Evaluations could include a determination of no action, installation of a singular item, multiple items, or a progressive approach from radar speed display signs to speed cushions. FINANCIAL IMPACT There is currently no financial impact as there are no funds budgeted for this program. RECOMMENDATION For information only. W:\PW Eng1PROJECTSIA- RW & RS Projects\Traffic Calming1160th Speed Cushion Pilot Project\info memo TIC speed cushions.docx 6300 Building • 6300 Southcenter Boulevard Suite ioo • Tukwila, WA 98188 • 206-433-0279 Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov 37