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HomeMy WebLinkAboutTIC 2017-10-10 Item 2C - Agreement - 2017-2019 Transportation Demand Management Program with King County MetroTO: 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