HomeMy WebLinkAboutReg 2018-10-15 Item 4E - Contract Amendment - SeaTac Airport Transportation Demand Management Program Phase II with WA State Department of Transportation for $43,000 (Commute Trip Innovation Grant)COUNCIr AGENDA SYNOPSIS
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ITEM INFORMATION
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4.E.
1STA VT SPONSOR.: KATIE WENDEL Ok1 i \i AGFNDA DATF,: 10/15/18
hvm Trru, WSDOT Commute Trip Innovation Grant 2017-2019 Phase 2
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Acceptance of Washington State Department of Transportation (WSDOT) grant funding to
continue implementation of a non-traditional Commute Trip Reduction (CTR) program to
reduce regional congestion and improve air quality in Tukwila and south King County. The
Council is being asked to consider and a, prove the Contract Amendment,
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Unanimous Approval; Forward to Consent Agenda
COST IMPACT / FUND SOURC
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ADITURF, RU(.1111RIso
Fund Source: GRANT
Comments: No impact to the general fund (no match required)
AmouNT BUDGETED
$43,000
MTG. DATE
10/15/18
APPROPRIATION REQUIRED
RECORD OF COUNCIL ACTI
MTG, DATE ATTACH
10/15/18 InformationaI Memorandum dated 10/5/18
A. WSDOT Grant Amendment — GI:82886-01
ON
ENTS
B. WSPOT Grant Contract — GCB2886 CTIG Contra ' 2017-2019
C. WSDOT CTIG Phase II City of Tukwila Award Letter
Minutes from the Transportation and Infrastructure Com. of 10/8/1'
35
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Cit of Tukwila
raz0P,
40,0,0A
FOR1
TO:
FROM. Jack Pace, DCD Director
BY:
ATI NA
E
Transportation & Infrastructure Committee
A
Katie Wendel, Lead Transportation Outreach Coordinator
Alison Turner, Transportation Outreach Coordinator
CC Mayor Ekberg
DATE: 10/5/2018
SUBJECT: WSDOT Commute Trip Innovation Grant 2017-2019 Phase 2
Allan Ekberg, Mayor
ISSUE
Washington State Department of Transportation (WSDOT) funding to continue implementation
of a non-traditional Commute Trip Reduction (CTR) program to reduce regionai congestion and
improve air quaiity in Tukwila and south King County,
BACKGROUND
The City of Tukwila was previously awarded funding by WSDOT in 2017/18 for an expansion of
Transportation Demand Management (TDM) programs beyond traditional Commute Trip
Reduction (CTR)-affected sites into new markets for trip reduction. The project has regional
impact by encouraging empioyees at SeaTac Airport to reduce drive -alone trips, thereby
decreasing congestion in Tukwila and surrounding communities, improving air quality in the
SeaTac Airport travel -shed (1-5, I-405, SR 518, SR 99)„ and reducing the demand for parking at
nearby park -and -ride stations, including Tukwila international Boulevard Station. The
implementation includes use of a new ridesharing/trip-logging platform and a monthly rewards
program with the goal of engaging more employees in commute challenges.
DISCIUSSION
WSDOT awarded the City of Tukwila an additional $43,000 to implement Phase 2 of the project.
FINANCIAL IMPACT
There is no impact to the general fund, The funding leverages other TDM Program grants,
aiiowing for more robust implementation and contributes to sustaining the program's expanded
staff capacity.
RECOMMENDATION
The Council is being asked to accept the WSDOT grant amendment for the TDM Program in the
amount of $43,000 and consider this item on the Consent Agenda at the October 15, 2018
RegularMeeting.
ATTACHMENTS
Attachment A: WSDOT Grant Amendment — GCB2886-01
Attachment B: WSDOT Grant Contract — GCB2886 CTIG Contract 2017-2019
Attachment C: WSDOT CTIG Phase H City of Tukwila Award Letter
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Washington State Department of
Transportation
310 Maple Park Avenue SE
PO Box 47387
Olympia, WA 98504-7387
17-206
Contract Approval11/20/17
Transportation Demand Management Pilot Program Agreement
Contractor
City of Tukwila
6300 Southcentev Blvd Suite 100
Tukv,i1a,, WA '981,88
Contact Person: Keith Cotton, Contact Person: Valerie Lonneman.
360-970-1796
Project Cost:
State Funds
Match Funds
206-433-7140
7ederal ID ih 91-6001519
$107,000 Scope 01 Project: As sc forth in Exhibit
oject Scope of Work.
75,400
'iota' Project Cost $182,400
Term of Project:
October 1, 2017 through June 30, 2019
(WIN: FrIT 1)823
Agreement Number: GCB2
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 uip
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 manageinent ("Strategies"); and
WHEREAS, RCW 47.01.078 directs the State to develop strategics 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 rntegration 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„ 10 facilitate coordination of transit services and planning, and to inaximize opportunities 10
use 'public transportation to improve the efficiency of transportation corridors (RCW ,47.01.330); id
WHEREAS, RCW 47.80.010 encourages the State and local jurisdictions to identify opportunities for
cooperation to achieve statewide and local, transportation goals; ,and
WHEILiSAS, the State of Washington in its Sessions Laws of 2017,.Chapter ,313 Section 220 (7), authorizes
funding for Public Transportation to provide solely for a voluntary pilot program to expand public -private
partnership Commute 'Trip Reduction (CTR) incentives to make m.easureable reductions in off-peak,
weekend, and non -work trips through the multi-moda1 transportation account as identified in the budget
through. its 2017-2019 biennial appropriations to WSDOT;
WHEREAS, the Legislature has directed the State to create a pilot grant program to expand public -private
partnership trip reduction incentives, 'mike measurable reductions in off-peak, weekend and non -work
GC132886 Page 1 of 16
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vehicle trips on Interstate 90,1-5 and/or 1-405 car :dors, and test potential improvements to the state's CTR
Program;
WHEREAS the WSDOT Public Transportation Division is responsible for administering funds on behalf of
the Washington State Legislature; and
NOV, THEREFORE, in consideration of terms, conditions, performances and inutual covenants herein set
forth and the attached Exhibit 1, "Project; Scope of Work," and JtiHt 2, ''`Project Progress Reports," Exhibit
3, "Legislative Progress Report", Exhibit 4,, "Final Progress Report", Exhibit 5, "Invoice Voucher Template"„
and ,Exhibit 6, "WSDOT's Guidance for Transportation Demand 1\,lanagement 1:;iicentives", IT IS
MUTLIA.ELY AGREED AS FOLLOWS;
Section
Purpose. of Agreement
A. °Ile purpose of this AGREEMENT is for WSDOT to provide fUnding to the CONTRACTOR to be used
solely for a volu.ntary pilot program to expand public -private partnership Commute Trip Reduction incentives
to make measureable reductions in off-peak, weekend, and non -work trips, hereinafter known as the
Project," The Project must focus on travel in,arkets using the .1-90, I-5„ or I-405 corridors.
,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 regulatioris consistent with the requirements imposed
by use of the federal funds on any such related project(s), including but not limited to Tide 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 assurne 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.fhwadot.gov/prograniadrnin/coutractsJi273fl273pdf, and
any amendments thereto; and/or the Federal Transit ,Administration Master Agreement 23, which, may be
found here,
littos://wv,,,traitsi1,d0z;ovliiitesi1 .dot.vov/fi1e5/1TA%20M.aster'?4;,20.Ag_reeinent%20FY20 I 7";'420-aA20
„La pct, and any amendments thereto.
Section 2
Scope of Work
The CONTRACTOR agrees to perform all designated tasks of the Project under this AGRFFMENT 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, "Terin, of Project" of this AGREEMENT regardless of the date of execution
of this AGREEM,EN717, unless terminated as provided herein. The caption space header above entitled' "Terra
of Project" and all caption space headers above are by this reference incorporatedinto this AGREEMENT
as if ftilly set forth hereim
Section 4
Project Costs and Match. Requirement
A. 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." l'he CONTRACTOR agrees to expend
eligible '"State Funds." together with any `Match Funds" identified above in the ,caption space kneader "Project
Costs," in an amount sufficient to complete the Project as detailed in Exhibit .1, "Project Scope of Work," if
at any Mole the CONTRACTOR becomes aware that the cost that it expectsto incur in the performance, of
this AGREEMENT will differ from the .amountindicated, in th.c caption space header above titled, "Project
Costs", the CONTRACTOR. shall notify WSL)OT in writing within three (3) business days of making that
determination.
B. Local Match Requirement, The CONFR,ACTOR is required to ensure that a. ten percent match of funds
for the Project as identified in the caption space header titled, "Project Costs," is provided in the Match Funds,.
Any reduction On match will result in a proportional reduction in grant hinds, Match -eligible expenditures
include transportation operating costs., capital costs, labor, incentives, subsidies, marketing, materials
production and distribution costs,. Any incentives provided with state ;funds must be in compliance with
WSIJOT's Guidance for Transportation Demand Management Incentives, as set forth in 1,;;?,xhi,bit; 6.
GCB2886 Page 2 of 16
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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 5 :and by this reference incorporated into this
AGREEMENT or a format a,pproved. by WSDOT. Such invoices ma.y be submitted no more than once per
month and no less than once, per year, during th,e course of this AGREEMENT, If approved by WSDOT, said
invoices shall be paid by WSDOT withiis thirty (30) clays of receipt of the invoice.
B. State Fiscal Year End Closure Itetiplirement (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 ori July 1 and.
ending on June 30 the following year within the tirneframe 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 (Tithe charges to be billed so WSDOT may accrue
the expenditures in the, proper fiscal period,. Any subsequent reirribursement 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 reirnbursernent.
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 arid properly
reflect all eligible direct and related indirect Project costs incurred in the performance of this AGR,EEMENT.
Such accounts are referred to herein collectively as the "Project Account," All costs claimed against the
Proje,ct Account 'must be supported by .properly executed payrolls., time records, invoices, contracts„ an.d
pa,yrnerit vouchers evidencing in sufficient detail the nature and propriety ofthe costs claimed.
Section '7
Progress Reports
As part of Exhibit 1, the. ",Pruject Scope of Work," the CONTRACTOR shall develop and, submit a
Performance ,Measurement Plan to WSDOT for review and approval. The plan must describe a method to
measure and report the number of vehicle trips reduced, vehicle miles traveled reduced, cost per vehicle trip
reduced and cost per vehicle mile traveled reduced, The CONTRACTOR shall submit three different
progress reports to WSDOT so that WSDOT may adequately and accurately assess he progress made under
the terms of this, AGR„,EEMENT. First, the CONTRACTOR, must report on the project's progress and
performance, including .its baseline performance, in the Project Progress Report to WSDOT, as set forth. in
Exhibit 2, submit to WSDOT by April 30, 2018. Second, the CONTRACTOR inust report on the project's
progress and perforinance in the Legislative Progress Report, as set forth in Exhibit 3, submit to WSDOT
September 14,, 2018..Last, the CONTRACTOR shah submit the Final Progress Report, as set forth in Exhibit
4, by June 1„ 2019.
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 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 AGR„E,EMENT.
GCB2886 Page 3 of 16
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Section 9
Agreement, :Modifications
A. Either PARTY may request changes to this AGREEMENT, including changes in the Scope of Work.
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.
B. If an increase or reduction in State Funds is appropriated for this Project, 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, Provided, iniwever,, that changes to the Project title:, federal ID number, UPIN the contact person of
either PARTY, will not require a written ,arnendment„ but will be approved and documented by WSDOT
through an a.dministrative revision, WSDOT shall notify the CONTRACTOR of the revision in writing.,
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 AGR„EEMENT, wsour reserves the, right to recapture State Funds in an amount
equivalent to the extent of noncompliance. The CONTR,ACTOR agrees to repay such State Funds under this
recaptureprovision within thirty (30) days of demand.
Section 11
Disputes
A, If the PARTIES cannot resolve by mutualagreement, a dispute arising from the perfOmiancc 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
ofthe dispute, This decision shall be final and conclusive unless within ten calendar (10) days from the date
of CONTR„A,CTOR's receipt of WSDOT's written deoision,, the CONTR,A.CTOR mails or otherwise
finnishes a written appeal to the Director of the Public Transportation Division or the Director's designee. In
connection with any such appeal the CONTRACTOR ,shail 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. Either PARTY may terminate this AGREEMENT for coriventence and
without cause upon thirty (30) days written notice to the other PARTY. The PARTIES may terminate this
AGR,FEIvIENT for convenience for reasons including., but not limited to, the .following:
I., 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 art 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 prim.arity caused by theacts or omissions ofpersons
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, -5 above, WSDOT shall reimburse
the CONTRACTOR for all, costs payable under this AGREEM,ENT that the CONTRACTOR
properlyincurred prior to termination. The CONTRACTOR shall promptly ,subratt its ciairn for
reimbursement to WSDOT, if the CONTRACTOR lugs any property in its possession belonging to
CiCB2S86 Page 4 of 16
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WSDOT„ the CONTRACTOR will account for the same, and dispose of it in the manner WSDOT
directs„
B. 'Termination for Default., Either PARTY may terminate this AGREEMENT for default at any time by
written ,notice to the other PARTY, if that PARTY materially breaches or fails to perform any of the
requirements of this AGREEMENT, Pursuant thereto:, WSDOT may terminate this AGREEMENT for
reasons including, but not limited to, if the CONTRACTOR
a) 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;
b) Fails to make reasonable progress on the Project or other violation of this AGREEMENT that
endangers substantial performance of the Project; or
c) Fails to perform in the manner called, for in this AGREEMENT or fails, to comply with, or is in
violation of, any material provision of this AGREEMENT., If it is later determined by WSDOT that
the CONTRA,CTOR had an excusable reason for not perfbrming, such as events which are not the
fault of'' or are beyond the control of the CONTRACTOR, swab as a strike, !tire or flood, WSDOT
may: (a) allow the CONTRACITOR to continue work after setting up a new deliveryof performa,nee
schedule, or (b) treatthe 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 imiger period ,a,s determined by WSDOT, in whichto cure
the defect, fir such ca,se, 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 timefranie and under the conditions set forth in the notice of termination., WSDOT shall
have the right to terminate this AGR.EEMENT -vith.out any further obligation to CONTRACTOR. Any such
termination 'for default shall not in any way operate to preclude WSDOT 'from also pursuing all a,vailable
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 nut limit WSDOT,
remedies for any succeeding breach of that or of any other term, covenant, or condition of this AGREEMENT,
Section 13
Forbearance by WSDOT Not a Waiver
Any forbearance by WSDOT in exercising any right or remedy hereunder, or otherwise ;afforded by
applicable la NV, shall not be a waiver of or preclude the exercise of any such right or remedy,
Section1,4
Waiver
In no event shall any WSDOT payment of grant funds to. the CONTRACTOR constitute or be construed as
waiver by 'WSDOT of any CONTRACTOR breach, or dethult, 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 wsDar 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 o.f 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
CO:NTR.ACTOR.
Section 16,
Limitation. of Liability and Indemnification
A. The CONTRACTOR shall indemnify and hold harmless WSDOT, its agents:, employees, and officers and
process anddefend at its, owii 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
CON1RA,C1OR,'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, thaiothing herein shall require the CONTRA,CTOR, to indemnify and hold
GC82886 Page .5 of 16
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harmless or defend the WSDOT, its agents, employees or officers to the extent that claims are causcd by the
acts or omissions of the WSDOT, its agents, employees or officers. T,he indemnification and hold harmless
provision shall survive termination of this: AGREEMENT.
13, 'Fhe CONTRACTOR shall be deemed an independent contractor or all purposes, and the employees ci,f
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 ind,emnification and defense, the
CONTRACTOR, specifically waives any immunity tinder the State ,industrial Insurance Law, Tide 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 prevaili,ng ,PARI7V.
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 entOrce any right, or obligation under this AGREEMENT,
the PARTIES heretoagree that anysuch 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 thenondiscrimination provisions ,in Chapter 49.60 RCW, The
CONTRACTOR„ will also comply with the Americans with Disabilities ,Aet of 1990 (ADA), Public Law
101-336, including any amendments thereto which provides comprehensive civil rights protection to
individuals will i 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 he 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 andJor
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,
Department 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
Thc. lindersigned acknowledges that they a,re authorized to execute the AGREEMENT and bind their
respective agency(es) and/or entity( es) to the obligations set forth herein,
GCB2886 Page 6 of 16
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LN WEENESS WHEREOF, the .PARTLES hereto have executed this .AGREFNIENT the day. ,iind year last
signed belcivc
WAS.HINGTON STATE
DEPARTMENT OF' TRANSYPORTATION
A
1 \ An
i:ii7f'f:'agerbeig, Director
Pubiic 'Transportation Division
Date
CONTRACTOI
.Authorized epresentativz--
ry
TUle
- 0- tT
Print Name
e,.
Date
W
GCB2886 Page 7 of 16
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EXHIBIT 1
Project Scope of Work
L. Scope of Work
A. Project Work Plan
The CONTRACTOR agrees to submit to WSDOT a project work plan when the
CONTRACTOR submits its first invoice. 'Hie project work plan will include the following
elements,
1. The work plan shall identify the deliverables, schedule, strategies, perfermance
measures and the budget specific to strategies associated with this
AGREEMENT. These plans may include, but are not limited to, recniiting new
employer worksites, collecting travel behavior information„ providing incentives,
performing promotion and marketing, providing ride -matching services, and
other transportation demand management services.
The project work pian shall include a performance measurement plan that will
describe the project's methods and schedule for baseline and progress
information, including the number of vehicle trips reduced, vehicle miles traveled
reduced, cost per vehicle trip reduced and cost per vehicle mile traveled reduced.
:3, The project 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.
4 The project work plan must be approved in writing by the WSDOT Project
Manager, and shall be incorporated as a written amendment to the
AGREEMENT. The project 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 CONTRACTOR agrees to implement a transportation demand management program
based on the approved project work plan.
C. Use of State Funds for Incentives
The CONTRACTOR agrees to rise State funds provided .as part of this AGREEMENT in.
accordance with incentives guidance that WSDOT' shall provide to the CONTRACTOR.
JD, Progress Reports and invoices
The CONTRACTOR agrees to submit to WSDOT progress reports, as specified by WSDOT'
in Section 7 — Progress Reports of the AGREEMENT„ in Exhibits 2 and 3, "Project Progress
Report" and "Legislative Progress Report," and as integrated with the deliverables identified
in the project 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 work plan will be reimbursed by WSDOT.
E. Final Progress Report
The CONTRACTOR agrees to submit to WSDOT a final progress report, a template of
which is attached hereto as Exhibit 4, "Final Project Progress Report," 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).
GCB2886 Page 8 of 16
46
EXHIBIT 2
Project Progress Report
wn atuinotoo Slaw
V/ Department of Transoortati PUBLIC TRANSPORTATION DIVISION
Transportate on lnnd Management Pilot Program
Project Progress Report
OrganLeaajon N'arnw,
A ureeiiotVillurnbe
11111d1:1
1.. fr.c1T.
3, Flavrz1.
Eqr't,,S:r
7.he. perfcrrnarr,:e rre2.3iLres, migycialz: Byrd urfcrr,a-jr,r,
rkirravEr..
ir7er
E. FhEraSe prravide tire azrirrr8ta,?i e',,perOiat.; res fc.:
srtar
CiCB2886 Page 9 of 16
47
pr.cvide irfarrratitr. '!'rt arr. y.c.)1„i.,,..,,,,c4.„40 z3bctztpc
Date;
Pro*tM mozer
:.
Tide:
Contact Phi rrobec
t1ain fPEI'S 01 CocIpletrin Fonm
Srr—al ccpd. L7.c.rr.pred
.Birj
GCB2886
Page 10 of F6
48
oaf fnoton Stoto
Department of Transportatten
OfpicOra rico flame;
Agreement Numb
EXHIBIT 3
Legislative Progress Report
PUBLIC TIRANSPORTATION DIVISION
Transportation Demand Management Not Program
Legi sJ ati ve Progress Repot
Date;
;;;;I;;PFlojEat
1„ B.Ztiatei2 your lorciacct EozoLc7h
111..solteortSf phr LltiS r
1 6 e tie; ra Fade rhrance ;ftfctocati
1r. ;fief
rsdue.5e:
C,::e.:::.r,:::ereeelele mite: 7reeellee
5ezt per eseiele. red.,:ed:f.
3. Ct.,,er perteTthsrve ,tCW' ehtttao Nee ttctftare1
FIE:3Se Er:Ef iihfcfer31,11:11 h E.,
F woe the ad^ e.leed ..cc,eoarLclefe. be.rafits rch. the 1-91145 1-2106; :cloth:rt.
Refet a. ft, htef
the etlectivereLe.;ef each ;f ;e:rateteesi.eed thgto„heiect.
Fleece garter
Curter t
6., Dee' cf te the utfro cf certi yet era. ;their Ofeezieerezein reenwee., tepe erd 'e'ee k MileeTrevelleeL
REEF; Err eeplaratich here,
GCB2886 Page 11 of 16
49
RESIEEirtl"
16,71 Er fr7,C7'
L :P.artathe Tadi'd:ral( CIF prwarn tazed ,„,47
FII:ezeHer:er Jrcrhere,
Lr
rrajor ct4lierges?
FllsmEArt.41r her,L
ta rr.,410i d7.e. prrct, rr,cre
17.4sre,
12, Ex perditurezi7,!c, date, 1.r,A001 partner
rionizabdni Total disbursed this au,reement
nrartionot:me:01..
Proiect na Trav,
TtI
Nameo Peir rpRtirj F rrw,
GCB2886
DateA
LorUt N urn be n
Page 12 of 16
50
EXHIBIT 4
Final Progress Report
Washinqtorn Stole
Depar to -nun% of Trafrogporintion
argarreation Mune:
greeirlerrt Number;
I Ar3,33a tee 33arlerr, 33-33 1,3133133,3e, reF3rn','
Flseee. re3r3333,breet r 3srs
2,, 33333,33er) Pere3reranze, 13.4333-3333.3-
r.r34.13,13133 r,313,3, reraureerr
r•VILCE.'i
23333, 33333.34,1333 3,311sre rrerekra eseteesor
ereMelerrsip, redeese,, !
Dat ff,r
PUBLIC TRANSPORTATION DIVISION
Transportation Demand Managern eilt Pilot Program
Final Progress Report
,:ereserr
3 2,re,333,37e, rte. effererreivegerseesf ec-Lr perfcrrerrarce 33,3,3,,urrerrrece, atr3e'rereetrr. 333,301333; r333,3e. erre. clearrzes ir3trektrerer3
Feszere, serrer 33,31,33,,,33133 h10-4,
3, 33133 r zier ,,,,e3r143,1,mfrerrr. rtr,i3 3,r,34eret7 eve 33,3,re, 330, ertfrer r:3333,33ureerie.33
F 51,2 3Er1.41 pl4 ,333,3 rrsis
S. 3333,313,33333 errerezre ere tr3,,errieril 033 get,:r3333 3 rice. t,S,^4,7
Fi4EYA er3er 33.3,133err33. rrees
3, 3,3333 were rie*er ehenergeer?
Fee,33,3 sreer .333-13333mier reerer
7, '3.33.33 3,34313 333,33erares tre ev,31e,z3 r333r333,33333333f,313
Fles,333 sr3,333 pleererierer irrerre
GCI-32886 Page 13 of 16
51
3, ;61,611,6r,,,A1 AA'raniez,, grA Acra rac,..A dezz0be viva. 6,666A.:6,6 VAX:VAASA, MA ,616A6A '6166 71116 6,,L,A,ACV6,61, arb
r,sz,
Pee/4)010mm
Stm Teo, Expe d 0 u MA6 6Vb666 aLIECOn166, Mee
T
1
Why or nne.
gar" r 1160 f.:0- firairc ALIA:4,6:61 6 61VA 6,161r61, A_Afir pm 0 arr:c2f,,,!
33reerr,erl,,rjr
ISowce of loc-a4 funds
FLr
lEv0hlkiNted flu tuck Aperx 010 orrementlHov," threfund$ wwe uped
7
ifen,:gfiegkoska,,,agover,m71773777W 7:757,772]-,
v c Er V :VA I 11" t; 66 AAA, nate pr*',, t fur:i,„ 11,66 CA CA 61AD 6, 61; A16 6v6".'iA61162 ,A, r 31616i n r; r
try agrPur,erlr, plIeRm ^,:cz 31 Ef:--,r7 nutura,e0 r th,A b6rou—,,
Omani:vim Total 65:our.sed 114 Rare mem 12wpm e of dithuml
61. r 7arrir!: $
tgteetligggtt,F3F7TN:eNstsoistoeetdsmilktgITF2k
1111 MRCP %MAUR altriarXnal N fastroletion tha sretkm criffifiesithat the abate' Messer lactstrateto the bestofteetet
P-tojmt Ma rrva
Talc
Name of Pers,on. Comptethz Form;
Daft.,
Cont:a 11,1 0911E1E11
61,1.6 tAA A 171611666 6 611:61 61,1161,66,1 r'66,16A zuplx.rdrl,dc;.,0.T.Er,7„r,
ard
GCB2886 Page 14 of 16
52
'WastuirKotot3 Suoto
041.partnnwni alt Tromsportallkm,
EXHIIIT 5
Invoice Voucher Teniplate
INVOICE VOUCHER
Pria 3 313;3 in the stg ne bel9iinalI 61th supporting dotter, ent$ reqUiVtd to
PrOlrovoice54,,a3dot,va.o&Y 3r3ad C+3 to 0* 35 3 ict*d Ccorm unity L taken
Subject 0
:177-777477:77:7777777—,A77777,117-,Alt,.-.
DATE
h, NCH TR"
DESCRIPTION
ENI:C.19" CE: ;e't
te.t
CURRENT
EXPENDITURE S
AGR EEMENT
FCR SDCTCllLY
14UMEEPI
CiCB2886
C-P
PROGRAM DESCR Pylon
210/7,19 IDM Implkmwritation
tut ca„,
00G
111'..WEC
4E1' ,i'DUCHIERs
Total Billed This Period
IMMO PEMOD
$0 00
[NV C E NIU NEI ER
0
Page 15 of 16
53
EXEfBIT 6
WSDOrs Guidance for Transportation Demand Management Incentives
VVSDOT recognizes that government must always carefully steward public inoney and trust. This
guidance establishes standards for contractor use of WSDOT adininistered funds to promote non -
single occupancy vehicle modes oit. travel, Orantees/contractors that receive WSDOT
administered funds are required to follow this guidance.
1. Any incentives or rewards purchased with wsoar administered funds must be
consistent with these standards. Incentive or reward expenses inconsistent with these
standards will not be reimbursed.
2. TDM program funded incentives and rewards:
Must be earned before they are received, except for program,s that provide financial
subsidies for efficient trips (subsidized bus passes, carpool parking discounts, etc.)
Must directly relate to flume non -single occupancy vehicle commute/trips and costs.
For example„ bus pass and vanpool discounts for future trips, money for employers
that purchase efficient commute infrastructure like a new bicycle rack,
carpool/vanpool parking signs, etc,
May not include incentives Like VISA gift cards; general retail, gift cards like
Starbuc,ks or Target or sweepstakes prizes like trips, fine dining or electronics. Cash
incentives are never permissible If your organization provides these types of rewards
and incentives using nun-WSDOT program funds or donations, you ,may propose the
use of state -provided ,funds for project administration and marketing, If using
donation or other -sourced funds for such incentives, the state should not be
identified on promotional or outreach materials.
3. Communicate the personal and lasting benefits people receive when they choose
alternatives to driving alone.
In promotional .materials, highlight the personal benefits that everyone receives. If you
choose to emphasize incentives or prizes, that message should complement .rather than
substitute for messaging about the more important and universal benefits,
Personal 'benefit examples include: you wiU improve your health, reduce your stress, save
time, save money, help protect air and water quality, reduce greenhouse gas einissions„
save enough rnon.ey on parking to buy three lattes, receive a free or reduced -price .transit
pass, or park in vanpool space close to the front door,
This fircentive guidance is effective with the 2017-2019 contracts. OISD07° wants to hear from
our grantees/contractors abola past practices and incentive ideas that would effectively promote
travel node behavior change. The gutdance could be updated based upon feedback
Effective date.July 2017.
GCB2886 Page 16 of 16
54
The Ems!' AMENDMENT to AGREEMENT GCB2886 entered into between the 'Washington.
State Department of Transportation (hereinafter. referred to as "WSDOT"), and City of Tukwila
(hereinafter referred to as "CONTRACTOR"), and/or individually referred to as the "PARTY"
and collectively referred to as the "PARTIES,"
RECITALS
WFfEREAS, both PARTIES agree to amend AGREEMENT GCB2886 to add $43,... 00 for Sea-
Ta.c Ai:Tort Transportation Demand. Mana.getnent Program gam) Phase 2;
NOW THEREFOR.E, the ftllowing AMENDMENTS are hereby incorporated into
AGREEMENT GCB2886:
AGREEMENT
Amend Caption heading 'Project Cost' on the first page of the AGREEMENT to read as
follows:
State Is'''.11.rids
Ma.tch.Funds
Total, Project Cost
2.A copy of this AMENDMENT to the AGREEMENT shall be attached to and made a part of
the original AGREEMENT, Any references to the "AGREEMENT" shall mean
"AGREEMENT as amended."
3. Al] other terms and conditions of the original AGREEMENT not hereby amended shall
remain in force and effect. This document may be simultaneously executed in several
counterparts, each of which shall be deemed original having identical legal effect.
IN WITNESS WHEREOF, the PARTIES hereto have .executed .this AMENDMENT the day and
yea"' last written below.
WASHINGTON STATE, CONTRACTOR.
DEPARTMENT OF TR„ANSPORTATION
By 13y:
Brian 1,,,agerberg, Director
Public Transportation Division
Authorized Representative
7Fitle
Print Name
Date: Date:
Page 1 of 1
GCB2886-01
55
56
Transportation BuiVding
310 Maple, Rrk Avenue S, E.
RO, Box 47300
Olyrn.pia,, WA 98504-72.00
360-7052i 000
TTY. 1 -800- 833-6368
'VVVIVV, viSdOtw a ,g ov
May 1, 2018
Valerie Lonneman„ TDM Coordinator
City of Tukwila
6300 Southcenter Blvd, Suite 100
Tukwila, WA 98188
Subject: 2017-2019 Commute Trip innovation Grant
Dear Ms, Lonneman:
WSDOT is pleased to announce a second 2017-2019 Commute Trip Innovation Grant award. Approved
by the Legisiature, this biennium's awards will support three innovative projects. The information below
reflects the funding awarded for your project submitted in August 2017.
PROJECT
Sea-Tac Airport Transportation Demand Management Program (TDM)
Phase 1
Sea-Tac Airport Transportation Demand Management Program (TDM).
LPhase 2
AWARDED 9/22 17
107,000
NEW AWARD
$43,000
Your primary contact and project manager for this award throughout the life of the grant is Monica Ghosh
who can be reached at 360-810-0131 or Ginoshmo@wsdot wa,gov„ Monica will contact you soon to assist
with development of your project's phase 2 scope, schedule and budget, and the next steps for amending
your contract.
Congratulations! If you need assistance, please contact Monica, We look forward to finalizing your grant
agreement and funding your expanded project so that you can provide valuable services in your community.
Sincerely,
Don Chartock, Grants and Community Partnerships Manager'
Public Transportation Division
cc2 Keith Cotton, WSDOT
Nicole Patrick, WSDOT
Monica Ghosh, WSDOT
Maggie Lubov„ City of Tukwila
Katie VVendel, City of Tukwila
57
58
Transportation & Infrastructure Committee Minutes October 8, 2018
design process. Councilmember Quinn stated that if the grant is unsuccessful, identifying
funding will be part of the budget process. UNANIMOUS DIRECTION TO MOVE FORWARD
WITH DESIGN. FORWARD TO OCTOBER 8, 2018 COMMITTEE OF THE WHOLE.
B. Construction Management Contract: Andover Park East Water and Sewer Replacement
Staff briefed the Committee on a contract with AECOM Technical Services for construction
management support to close the Andover Park East (APE) Water and Sewer Replacement
Project. The contract was mistakenly placed on this agenda, as at $18,349.65 it is under the
Mayor's signing authority and does not need Council approval. Under the terms of the
contract, AECOM will close out the remaining paperwork and prepare the project files for
potential audit. DISCUSSION ONLY.
C. Contract Completion: Interurban Avenue South (South 143rd Street to Fort Dent Way)
Staff is seeking Council approval to accept completion of the Interurban Avenue South
project and release the payment and performance bond subject to standard claim and lien
release procedures. The project was physically completed on June 16, 2016 but involved
several months of dispute negotiations prior to reaching a final settlement. UNANIMOUS
APPROVAL. FORWARD TO OCTOBER 15, 2018 REGULAR CONSENT AGENDA.
D. Grant Acceptance: WSDOT Commute Trip Innovation
Staff is seeking Council approval to accept an additional $43,000 from WSDOT to continue
implementation of a non-traditional Commute Trip Reduction program to reduce regional
congestion and improve air quality in Tukwila and South King County. The implementation
includes a new ridesharing/trip logging platform and a monthly rewards program to
engage more employees in commute challenges. There is no impact to the general fund.
UNANIMOUS APPROVAL. FORWARD TO OCTOBER 15, 2018 REGULAR CONSENT
AGENDA.
E. 2019 Annual Overlay and Repair Project
As previously requested by the Committee, staff provided an overview on the selection
process used to develop the Annual Overlay and Repair project list. Each year road
segments are identified for possible inclusion, using a pavement management system to
rate the condition of the pavement. These scores are then factored along with preliminary
cost and other factors to develop a long list which is then used to develop more refined cost
estimates. When the design work is at 50% the final list is created, and locations not
selected generally make it through the following year. The program is budgeted at $1.4
million per year. DISCUSSION ONLY.
F. Solid Waste Collection Contract
The City's solid waste contract with Waste Management will expire October 31, 2019, and the
City has two options for extension: negotiate and extend for up to two years or up to four
years. Waste Management representatives will make a presentation to the Committee at its
October 22, 2018 meeting. Chair McLeod noted that the current contract includes a very
reasonable residential rate. DISCUSSION ONLY.
59