HomeMy WebLinkAboutReg 2019-12-02 Item 4C - Agreement - 2020 Transportation Demand Management with King County Metro for $75,000COUNCIL AGENDA SYNOPSIS
---------------------------------- 111ilials --------------------------------- I ITEM No.
Meeliq Dale
Prelpared by
IV 'I ieu)
Council rp)ie)v
12/02/19
AT
C-
4.C.
;11()NsoR: ALISON TURNER
12/02/19
A(,,rNI)Y\ I'll,"NITFILF, King County Metro Transportation Demand Management Agreement 2020
CA'1T'1(;()RY M Dii-awi-xioil
MI Dale 11125119
❑ Molion
Al/n Dale
E Reolulioli
Al,�Date ]212119
El Ordinance
A11ql),11,,
F 13id.,dward
A 1tg 1)ale
E] Public T lean,)
A,Ig 1),71e
D Other
Af/,g 0(1/0
SPONSOR DCou&,il []AIajot- 01-1R EDCD [:](''inance E] 17h-e E]TS E]Police DPW/ ElCow-,
SP0NSOWS The Transportation Demand Management (TDM) Program is asking for approval to accept
SUMMARY passthrough funding from King County Metro in the amount of $75,000 to continue TDM
outreach services in south King County through November 30, 2020. The funding source is
a TDM Corridor Strategies Supporting Centers federal Congestion Mitigation and Air Quality
grant.
RrXii,wi,"i) BY [—I C.O.W. mtg. ❑ (-',I,)N ("on-im ❑ 1"in"111cc Con-1111. El Public Safety Comm.
ZTrans &TnfrastrUcturc F-IArts Comm. E] Parks Comm. El Planning Comm.
IDA'IT': 11/19/19 CONIMITFEE' CHAIR: IDAN
RECOMMENDATIONS:
SI)()NS0R/11I)NIIN. Department of Community Development
CONINIFt'YFIF, Unanimous Approval, Forward to Consent Agenda
COST IMPACT / FUND SOURCE
AMOUNT BUDGETED APPROPRIATION REQUIRED
$0 $0 $0
Fund Source:
Comments: No impact to the general fund
MTG. DATE
RECORD OF COUNCIL ACTION
12/02/19
MTG. DATE
ATTACHMENTS
12/02/19
Informational Memorandum dated 11/15/19
King County Metro Transportation Demand Management Agreement 2019-2020
Minutes from the 11/19 Transportation & Infrastructure Committee meeting
2
m
I IM
City of Tukwila
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
TO: Transportation and Infrastructure Committee
FROM: Jack Pace, Department of Community Development Director,,'
I
BY: Alison Turner, Sustainable Transportation Program Manager'
Chris Andree, Sustainable Transportation Outreach Coordinator
CC: Mayor Ekberg
DATE: November 15, 2019
SUBJECT: King County Metro Transportation Demand Management Agreement 2020
ISSUE
The Transportation Demand Management (TDM) Program is asking for approval to accept
passthrough funding from King County Metro. The funding source is a TDM Corridor Strategies
Supporting Centers federal Congestion Mitigation and Air Quality grant. Funding will be used to
continue implementation of Transportation Demand Management (TDM) activities in south King
County.
BACKGROUND
The City of Tukwila TDM Program was previously awarded King County passthrough funding in
2016/17 and 2017/19 to enhance TDM services in south King County. TDM Program staff
implemented outreach on behalf of King County 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 funding opportunity has been offered to the City's TDM Program to continue TDM
outreach services in south King County through November 30, 2020, Additionally, Metro
requested the City adopt a special transit Title VI Program to be eligible as a sub -grantee of
King County. TDM services and outreach will be provided at activity centers (e.g. business
parks, commercial and residential multi -tenant buildings, educational institutions). A key strategy
is to develop partnerships with embedded organizations in the community to facilitate more
effective outreach and improve long-term program outcomes.
FINANCIAL IMPACT
There will be no impact to the general fund.
RECOMMENDATION
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 December 2, 2019, Regular Meeting.
ATTACHMENTS
Attachment A: King County Metro Transportation Demand Management Agreement 2019-2020
If
12
TRANSPORTATION DEMAND MANAGEMENT AGREEMENT
BETWEEN
THE CITY OF TUKWILA
AND
KING COUNTY
This Transportation Demand Management 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 the Metro Transit Department (the
"County"), either of which entity may be referred to hereinafter individually as "Party" or
collectively as the "Parties."
Whereas, the County is obligating a grant from the Federal Transit Administration (FTA)
(Award 1731-2019-04) Congestion Mitigation Air Quality ("CMAQ") Section 5307 — TDM
Corridor Strategies Supporting Centers for multi -modal transportation project planning and
demonstration programs, in order to reduce drive -alone vehicle travel and increase high
occupancy vehicle use to help reduce energy consumption, air pollution and traffic congestion.
The Catalogue of Federal Domestic Assistance number for this grant is 20.507, and the County
intends to use these grant funds to reimburse the City for work performed in accordance with the
terms and conditions of this Agreement; and
Whereas, such projects and programs include strategies known as transportation demand
management ("TDM") which may encompass incentives, outreach, promotions, website
development and maintenance, materials and services that facilitate travel by public
transportation, shared rides, bicycling, walking and teleworking; and
Whereas, the City and the County provide such TDM programs to commuters, students and
residents directly or through employers, schools and/or property managers; and
Whereas, the City's Transportation Demand Management program (the "Program"), including
activities conducted through the City's transportation options brand, has been effective in
reducing drive -alone trips in Tukwila; and
Whereas, the City and County have continued to adapt and demonstrate these strategies through
the Program by adding new market segments and new approaches to Tukwila area residents and
workers;
NOW THEREFORE, in consideration of the terms, conditions and covenants contained herein,
the Parties agree as follows:
2019-2020 Transportation Demand Management Agreement
Between the City of Tukwila and King County
Page 1 of 32
13
1. PURPOSE OF AGREEMENT
The purpose of this Agreement is to establish a mutually beneficial arrangement between the
City and the County that will help both Parties realize their respective TDM objectives. This
Agreement also creates a mechanism to allow the County to reimburse the City for costs incurred
to perform the tasks and implement the programs described in the Scope of Work ("SOW"), as
set forth in Exhibit A, which is attached and incorporated herein. hi consideration of the City's
performance of the tasks and responsibilities set forth in the SOW, the County will provide the
City up to $75,000 in grant funds.
2. AGREEMENT TERM AND MODIFICATIONS
This Agreement shall be effective upon signature by both Parties, and shall remain in effect
unless otherwise terminated through November 30, 2020. If mutually agreed, the Agreement
may be extended by written amendment for up to an additional two (2) years. Exhibits and
attachments may be modified at that time as mutually agreed by the Parties. Any extension shall
be made in writing in accordance with Section 14 of the Agreement. The County will enter into
or extend this Agreement only on the condition that all City accounts with the County are
current.
3. CITY'S RESPONSIBI.LITIES
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 program performance associated with the SOW in Exhibit A. The program tasks,
timelines and budget are stated in Exhibit A.
4. COUNTY'S RESPONSIBILITIES
The County will reimburse the City for actual costs incurred to satisfactorily perform the tasks
and implement the Program as provided for in the SOW. In no event shall the total
reimbursement made by the County to the City for work performed pursuant to this Agreement
exceed $75,000 (the "Reimbursement Cap").
5. INVOICE AND PAYMENT PROCEDURES
The City shall submit completed invoice(s) to the County detailing expenses, quarterly activities,
outcomes and metrics within thirty (30) calendar days following each quarter's end and by
December 15, 2020. The County shall pay the City within fifteen (15) calendar days after the
County has received completed invoices.
In no event will the total amount of the initial investment and quarterly payments exceed the
Reimbursement Cap specified at Section 4 of this Agreement without the Parties mutually
agreeing to amend this Agreement in accordance with Section 14 of the Agreement.
2019-2020 Transportation Demand Management Agreement
Between the City of Tukwila and King County
Page 2 of 32
Ell
6. FEDERAL REQUIREMENTS
A. This Agreement is subject to a financial assistance agreement between the County and the
FTA. The City shall comply with all applicable federal laws, regulations, policies,
procedures and directives, including but not limited to the following, which are attached
hereto or incorporated herein by this reference:
1. 2 CFR Part 200.300 through 2 CFR Part 345, contained in Subpart D, Uniform
Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards. The text is available at: littps://www.gpo.gov/fdsys/pkg/CFR-2015-tit]e2-
vol I/xml/CFR-2015-title2-vol I.xrnl#seqnum2OO.300
2. 2 CFR Part 200.400 through 2 CFR Part 200.475, contained in Subpart E, Uniform
Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards. The text is available at: https://www.gpo. og v/fds�s/pkg/CFR-2015-title2-
vol l /xml/CFR-2015 -title2-vol l .xml#segnum400.1
3. The requirements and obligations imposed on a "Recipient" under the applicable
provisions of the FTA Master Agreement. The Master Agreement text is available at:
https•//www transit dot gov/fundin /grantee-resources/sample-fta-agreements/fta-master-
agreement-fiscal-year-2018
4. The requirements of FTA Circular 5010.1E Project Administration and Management.
Circular 5010.1E text is available at:
https://www.transit.dot.gov/regulations-and-guidance/ a-circulars/award-management-
requireme ts-circular-50101 e
If the City contracts with a third party to provide all or a portion of the services
described in this Agreement, then the City shall comply with FTA Circular 4220.1F.
Circular 4220.1F text is available at:
httns://www.transit.dot.2ov/rea-ulations-and-,auidance/fta-circulars/third-party-
contracting-guidance
6. Applicable FTA Third Party Contract Provisions — Standard Terms and Conditions. The
text is attached as Exhibit B.
B. New federal laws, regulations, policies, procedures and directives may be adopted after the
date this Agreement is established and may apply to this Agreement. The City agrees to accept
and comply with all applicable laws, regulations, policies, procedures and directives as may be
amended or promulgated from time to time during the term of this Agreement.
C. The City shall not perform any act, fail to perform any act, or refuse to comply with any
requests by the County which would cause the County to be in violation of any federal law or
FTA requirement. The City's failure to so comply with this Section shall constitute a material
breach of this Agreement.
2019-2020 Transportation Demand Management Agreement
Between the City of Tukwila and King County
Page 3 of 32
15
D. The County and City acknowledge and agree that, notwithstanding any concurrence by the
Federal Government in or approval of the solicitation or award of this Agreement, absent the
express written consent by the Federal Government, the Federal Government is not a party to this
Agreement and shall not be subject to any obligations or liabilities to the County, City, or any
other party (whether or not a party to this Agreement or any Agreement awarded pursuant
thereto) pertaining to any matter resulting from this Agreement.
E. The City agrees to extend application of the federal requirements to its subrecipients or
contractors, and their respective subcontractors, by including this Section and the related exhibits
in each contract and subcontract the City awards under this Agreement financed in whole or in
part with Federal assistance provided by FTA. It is further agreed that this Section shall not be
modified, except to change the names of the parties to reflect the subrecipient or contractor
which will be subject to its provisions.
F. The City acknowledges that the provisions of the Program Fraud Civil Remedies Act of
1986, as amended, 31 U.S.C. 3801, et sec ., and U.S. DOT regulations, "Program Fraud Civil
Remedies," 49 CFR Part 31, apply to its actions pertaining to the work under this Agreement.
Upon execution of this Agreement, the City certifies or affirms the truthfulness and accuracy of
any statement it has made, it makes, it may make, or causes to be made, pertaining to this
Agreement or the FTA-assisted project for which this work is being performed. In addition to
other penalties that may be applicable, the City further acknowledges that if it makes, or causes
to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the
Federal Government reserves the right to impose the penalties of the Program Fraud Civil
Remedies Act of 1986 on the City to the extent the Federal Government deems appropriate.
The City also aclalowledges that if it makes, or causes to be made, a false, fictitious, or
fraudulent claim, statement, submission, or certification to the Federal Government under
a contract connected with a project that is financed in whole or in part with Federal
assistance originally awarded by FTA under the authority of 49 U.S.C. 5307, the
Government reserves the right to impose the penalties of 18 U.S.C. 1001 and 49 U.S.C.
5323(1)(1) on the City, to the extent the Federal Government deems appropriate.
2. The City agrees to include the language in Section F and Section F(1) above in each
contract and subcontract it awards under this Agreement financed in whole or in part with
Federal assistance provided by FTA. It is further agreed that the clauses shall not be
modified, except to identify the contractor or subcontractor who will be subject to the
provisions.
G. Certification Regarding Debarment, Suspension and Other Responsibility Matters
This Contract is a covered transaction for purposes of 2 CFR part 1200. As such, the City is
required to verify that none of the City, its principals, as defined at 49 CFR 29.995, or affiliates,
as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and
29.945, The City is required to comply with 2 CFR 1200, Subpart C and must include the
2019-2020 Transportation Demand Management Agreement
Between the City of Tukwila and King County
Page 4 of' 2
requirement to comply with 2 CFR 1200, Subpart C in any lower tier covered transaction it
enters into. By signing and submitting this Contract, the City certifies as follows:
The certification in this clause is a material representation of fact relied upon by King
County. If it is later determined that the City knowingly rendered an erroneous
certification, in addition to remedies available to King County, the Federal Government
may pursue available remedies, including but not limited to suspension and/or debarment.
The City agrees to comply with the requirements of 2 CFR 1200, Subpart C while this
offer is valid and throughout the period of any work or service that may arise from this
Contract. The City further agrees to include a provision requiring such compliance in its
lower tier covered transactions.
H. Because the County is sub -granting $25,000 or more of pass -through Federal Transit
Administration fiords, the County must comply with the reporting requirements of The Federal
Funding Accountability and Transparency Act (FFATA or Transparency Act - P.L.109-282., as
amended by section 6202(a) of P.L. 110-252). The FFATA prescribes specific data to be
reported and the County hereby agrees to report sub -award data into the website
www.USASpending.gov via www.fsrs.gov. The City agrees to provide the County with the
information required in this paragraph within 30 calendar days from the execution date of this
Agreement:
a. Location of the City (physical address(es), including congressional district(s));
and
b. Place of performance (physical address(es), including congressional district(s));
and
c. Unique identifier of the City and its parent (DUNS Number, a unique nine -digit
number issued by Dun & Bradstreet (D&B) to a single business entity assigned to
each business location in the D&B database having a unique, separate, and
distinct operation for the purpose of identifying it); and
d. Total compensation and names of top five executives IF BOTH of the following
apply:
i. More than 80% of the City's gross annual revenues are from the federal
govermnent, and those revenues are greater than $25,000,000 annually,
and
ii. Compensation information is not already available through reporting to
the Securities and Exchange Commission.
I. The City agrees to provide the County with its Federal Central Contractor Registration
number within 30 calendar days of the execution of this Agreement. If it has not already
registered, the City agrees to register with the Federal Central Contractor Registration at
littps://www.sam.gov/portal/public/SAM/ (formerly www.CCR.gov) and provide the County
with the registration number within 30 calendar days from the execution date of this Agreement.
Exceptions may be made on a case -by -case basis upon approval by the County.
J. The City agrees to provide the County with a copy of its Title VI implementation plan in
accordance with FTA Circular 4702.113, Chapter III, Section 11. If the City does not have a Title
2019-2020 Transportation Demand Management Agreement
Between the City of Tukwila and King County
Page 5 of 32
17
VI plan, the County and the City agree to work together to sufficiently document the City's
adoption of the County's Title VI plan, or in the alternative, the City's implementation of its own
Title VI plan.
K. In accordance with FTA Circular 4702.113, Chapter II, Section 2, and by signing this
Agreement, the City certifies that it will comply with Title VI of the Civil Rights Act, as
amended, 42 U.S.C. § 2000d, U.S. Department of Justice "Guidelines for enforcement of Title
VI, Civil Rights Act of 1964, 28 CFR §50.3, U.S DOT regulations, "Nondiscrimination in
Federally -Assisted Programs of the Department of Transportation — Effectuation of Title VI of
the Civil Rights Act of 1964," 49 CFR part 21.
7. DISPUTE RESOLUTION PROCESS
7.1 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
Carol Cooper
Vicky Carlsen, Finance Director
Mobility Innovations Managing Director
City of Tukwila
Metro Transit Department
6200 Southcenter Blvd.
201 South Jackson Sheet,
Tukwila, WA 98188
M/S KSC-TR-0411
(206) 433-1839
Seattle, WA 98104
Vicky.Carlsen@TukwilaWA.gov
(206) 477-5871
carol.cooper @kingcounty.gov
7.2 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.
7.3 In the event the Designated Representatives are unable to resolve the dispute, the
appropriate City Administrator or her/his designee and the Assistant General Manager of
the County's Metro Transit Division or her/his designee shall confer and exercise good
faith to resolve the dispute.
7.4 In the event the City Administrator and the Assistant 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).
7.5 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
2019-2020 Transportation Demand Management Agreement
Between the City of Tukwila and King County
Page 6 of 32
may institute a legal action in the King County Superior Court, situated in Seattle,
Washington, unless another venue is mutually agreed to in writing.
7.6 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.
8. TERMINATION
8.1 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.
8.2 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.
8.3 Termination for Non -Appropriation or Loss of Grant Funding. This Agreement is
contingent upon federal grant funding and local legislative appropriations. As such, in
addition to termination for default or convenience, the County may terminate this
Agreement for non -appropriation or loss of grant funding by giving not less than thirty
(30) calendar days' written notice thereof to the City.
9. LEGAL RELATIONS
9.1 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.
9.2 No Partnership or Joint Venture. No joint venture, agent -principal relationship or
partnership is formed as a result of this Agreement.
9.3 Independent Capacity. The employees or agents of each Party who are engaged in the
performance of this Agreement shall continue to be employees or agents of that Party and
shall not be considered for any purpose to be employees or agents of the other Party.
9.4 Jurisdiction and Venue. The King County Superior Court, situated in Seattle,
Washington, shall have exclusive jurisdiction and venue over any legal action arising
under this Agreement.
9.5 Mutual Negotiation and Construction. This Agreement and each of the terms and
provisions hereof shall be deemed to have been explicitly negotiated between, and
2019-2020 Transportation Demand Management Agreement
Between the City of Tukwila and King County
Page 7 of 32
mutually drafted by, both Parties, and the language in all parts of this Agreement shall, in
all cases, be construed according to its fair meaning and not strictly for or against either
Party.
9.6 Assignment. Neither this Agreement, nor any interest herein, may be assigned by either
Party without the prior written consent of the other Party.
9.7 Compliance with Applicable Laws. The Parties agree to comply with all applicable federal,
state, and local laws, rules, and regulations, including those pertaining to nondiscrimination, and
agree to require the same of any subcontractors providing services or performing any work
related to the Program using funds provided under this Agreement.
10. 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.
11. 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 frilly responsible for the acts and omissions of their
own contractors, subcontractors, employees, and agents, acting within the scope of their
employment as such, as they are for the acts and omissions of its own employees and agents.
The Parties agree that their obligations under this provision extend to any claim, demand, and/or
cause of action brought by or on behalf of any of their employees or agents. The foregoing
indemnity is specifically and expressly intended to constitute a waiver of both Parties immunity
under Washington's Industrial Insurance Act, RCW Title 51, as respects the Parties only, and
only to the extent necessary to provide the Parties, their officers, employees, and agents with a
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 11 shall survive the expiration or earlier termination of this Agreement.
2019-2020 Transportation Demand Management Agreement
Between the City of Tukwila and King County
Page 8 of 32
20
12. 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.
13. 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.
14. CHANGES AND MODIFICATIONS
This Agreement may be changed, modified, or amended only by written agreement executed by
authorized representatives of both Parties.
15. REPRESENTATION ON AUTHORITY OF SIGNATORIES
The signatories to this Agreement represent that they have the authority to bind their respective
organizations to this Agreement.
16. 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.
17. CONTRACT MANAGEMENT
The contact persons for the management of this Agreement (the "Contract Managers") are
identified and their contact information is provided herein and may be updated by either Party
for their agency only and shall be submitted in writing or electronic mail to the other Party. Any
update to the Contract Managers' information shall state the effective date of said update.
2019-2020 Transportation Demand Management Agreement
Between the City of Tukwila and King County
Page 9 of 32
21
Contract Manager
King County Metro
City of Tukwila
Contact Name
Debbie Jaksich
Alison Turner
Title
Program/Project Manager III
Sustainable Transportation Program
Market and Business
Manager
Development Group
Address
201 S. Jackson St.
6300 Southcenter Blvd 4100
M/S KSC-TR-0411
Tukwila, WA 98188
Seattle, WA 98104
Telephone
206-477-5836
206-433-7142
E-Mail
debbie Jaksich c kin count . ov
Alison.Turner c TukwilaWA. ov
18. RECORDS RETENTION AND AUDIT
18.1 During the progress of the work and for a period of not less than six (6) years from the
date of final payment by the County, the City shall keep available for inspection and audit
by the County and the federal government the records pertaining to the Agreement and
accounting therefore. Copies of all records, documents or other data pertaining to
performance of the Agreement will be furnished upon request. If any litigation, claim or
audit is commenced related to performance of the Agreement, the records along with
supporting documentation shall be retained until all litigation, claims and/or audit
findings have been resolved even though such litigation, claim or audit continues past the
six -year retention period.
18.2 All Agreement costs must be documented including copies of invoices and time sheets
showing hours worked and rates, or financial system expense reports documenting these
items.
18.3 The County, the U.S. Department of Transportation, the FTA, the State Auditor, and the
Inspector General and any of their duly authorized representatives shall have full access
to and right to examine, during normal business hours, all City 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 other matters covered
by this Agreement.
18.4 Unless already published and available at the federally appointed online, accessible audit
reporting database the City agrees to submit to the County, a cop), of the City's A-133
Single Audit report when requested by the County for sub recipient monitoring purposes.
2019-2020 Transportation Demand Management Agreement
Between the City of Tukwila and King County
Page 10 of 32
22
19. 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
By:
Chris O'Claire
Assistant General Manager
Metro Transit Department
Date:
Approved as to form
Grants Office
IN
Date:
2019-2020 Transportation Demand Management Agreement
Between the City of Tukwila and King County
Page 11 of 32
CITY OF TUKWILA
Allan Ekberg, Mayor
City of Tukwila
Approved as to form
City Attorney
23
ATTACHMENT A
2020 City of Tukwila Scope of Work
January 1, 2020 — December 31, 2020
TDM Corridor Strategies Supporting Centers
The purpose of the TDM Corridor Strategies Supporting Centers grant is to provide
Transportation Demand Management (TDM) services along the 1-405, I-5, SR-99 and SR-167
corridors and surrounding arterials to reduce congestion and increase mobility. The program will
promote the use of sustainable 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, and SeaTac through an extension of their Regional Mobility Grant
(RMG) program and the City's TDM 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 November 30, 2020.
Scope of Services
The City of Tukwila TDM Program will target residents, employees and employers for whom
sustainable transportation alternatives are a viable option. As described below, the program will:
• Educate residents, employees and students on sustainable transportation alternatives to
driving alone;
• Provide rewards and incentives related to sustainable transportation options;
• Work to improve people's perceptions of these options;
• Inform residents, employees and students of Redmond -Kent -Auburn Area Mobility Plan
news and engagement opportunities, such as RapidRide I line outreach, and work to
increase ORCA card usage;
• Explore options for amenities 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 transit service changes; and
• Educate employers on available commute benefit strategies and programs.
2019-2020 Transportation Demand Management Agreement
Between the City of Tukwila and King County
Page 12 of 32
24
An evaluation of the program will be provided to the County by December 15, 2020, 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 December 2020. The final invoice
for this scope of work shall be submitted to the County no later than December 15, 2020.
Program Description
Isszte/Problein
Employees and residents not affected by the CTR law may receive limited or no transportation
benefits/support. Smaller employers often have difficulty allocating funding for employee
transportation assistance and are unaware of commute benefits they could provide such as
ORCA passes or pre-tax transportation benefits.
Goals.-
0 Increase the use of and access to transit and other sustainable modes of transportation in
south King County (increase NDAT and decrease VMT);
• Reduce congestion along major regional corridors, including I-405, I-5, SR-99 and SR-
167; and
• Efficiently deliver TDM services by targeting employees, residents and students at large
activity centers (for example, presenting at employer meetings or administering a
centralized transportation rewards program).
Potential Trip Markets
• Employment sites with clusters of non-CTR affected employers
• Multi -family residences (affordable and market rate housing)
• Technical colleges and high schools
• Industry -specific employers such as hotels
Potential activity centers and networks include:
o Sea-Tac Airport (partner with Port of Seattle, Airport Jobs, City of SeaTac)
o Westfield Southeenter Mall (partner with mall management and employers)
o Tukwila Village (partner with Independent Living, King County Library System
and employers)
o Seattle Southside Chamber and Discover Burien
o Renton Landing and Black River Business Park
o Renton Technical College, Highline College and Foster High School
o Multifamily housing sites throughout Tukwila, SeaTac, Renton and Kent (partner
with property managers, King County housing Authority, Hopelink, and other
non -profits)
Strategies
2019-2020 Transportation Demand Management Agreement
Between the City of Tukwila and King County
Page 13 of 32
25
This program will market sustainable transportation through a direct, individualized approach
supporting and encouraging residents and employees to change their travel behavior.
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 sustainable transportation options such as transit, vanpool, carpool,
biking and walling.
Strategies may include, but are not limited to:
• Administration of transportation behavior survey
• Education and training on transportation options
• Distribution of ORCA incentives to encourage transit use
• Help individuals who qualify get reduced fare ORCA cards by partnering with ORCA
To -Go, ORCA LIFT (Public Health — Seattle & King County), and ORCA Youth
• Administration of a sustainable transportation rewards program
• Distribution of safety/visibility gear for active transportation
• Attendance at community or employer resource fairs and meetings
• Biking and walking amenities to promote active transportation
• Leverage South King County Transportation Options network on RideshareOnline.corn
to promote sustainable transportation options
• Webpage with program information hosted on TukwilaWA.gov website
2019-2020 Transportation Demand Management Agreement
Between the City of Tukwila and King County
Page 14 of 32
26
Anticipated Schedule and Deliverables
Deliverable
Target Dates
Develop outreach materials (webpage, surveys, flyers, reward
January 1, 2020
slips)
Launch rewards program
January 1, 2020
Enroll participants in rewards program
through June 30, 2020
Midpoint analysis of rewards program survey data to calculate
June 30, 2020
VT and VMT reduced
Administration of rewards program
through November 30,
2020
Personalized trip planning assistance and employer/property
through November 30,
manager consultations
2020
Outreach to community groups, individuals, employers, property
through November 30,
managers, and other targeted groups of corridor users to promote
2020
use of non -drive alone travel
Hold transportation trainings at interested employment centers,
through November 30,
housing sites and worksites
2020
Submit progress reports, metrics, and invoices that include labor
through December 15, 2020
hours and receipts for reimbursable expenses, at least quarterly.
Final invoice must be submitted no later than December 15,
2020 for reimbursement.
Anticipated Budget Not To Exceed $75,000 through November 30, 2020
Project Element Budget
Labor $40,000
Incentives/ORCA Cards/Bicycle & Pedestrian
Amenities $27,000
Marketing Materials $8,000
Total Project Cost $75,000
2019-2020 Transportation Demand Management Agreement
Between the City of Tukwila and King County
Page 15 of 32
27
ATTACHMENT B
FEDERAL TRANSIT ADMINISTRATION (FTA) THIRD PARTY CONTRACT
REQUIREMENTS
This Contract shall be partially funded by the Federal Transit Administration (FTA). The
following provisions include, in part, certain standard terms and conditions required by the U.S.
Department of Transportation. All Contractual provisions required by the U.S. Department of
Transportation, as set forth in FTA Circular 4220.1F, as revised, dated March 18, 2013, as are
the requirements of the Master Agreement between King County ("the County") and the U.S.
Department of Transportation, including all "flow down" provisions to third party Contractors
and Subcontractors are hereby incorporated by reference. Unless stated otherwise, all FTA
mandated terms shall be deemed to control in the event of a conflict with other provisions
contained in this Contract. The Contractor agrees not to perform any act, fail to perform any act,
or refuse to comply with any County requests that would cause the County to be in violation of
the FTA terms and conditions.
1-1 Disadvantaged Business Enterprise (DBE) Participation
A. Nondiscrimination 49 CFR part 26. The Contractor shall not discriminate on the
basis of race, color, national origin, or sex in the performance of this Contract. The
Contractor shall carry out applicable requirements of 49 CFR part 26 in the award
and administration of United States Department of Transportation assisted
contracts. Failure by the Contractor to carry out these requirements is a material
breach of this Contract, which may result in the termination of this Contract or such
other remedy, as the County deems appropriate. Each subcontract the contractor
signs with a subcontractor must include the assurance in this paragraph (see 49 CFR
26.13(b)).
B. DBE Program. The DBE requirements of 49 CFR Part 26 apply to this Contract.
King County has determined that no DBE goal will be established for this Contract.
However, the County requires that the Contractor report any actual DBE
participation on this Contract to enable the County to accurately monitor DBE
program compliance.
C. Efforts to Increase DBE Participation. Even though this Contract has no DBE goal,
the County still encourages Contractors to pursue opportunities for DBE
participation. To that end, Contractors are encouraged to:
1. Advertise opportunities for subcontractors and suppliers ("subcontractors")
in a manner reasonably designed to provide DBEs capable of performing
the work with timely notice of such opportunities. All advertisements
should include a provision encouraging participation by DBE firms and may
be done through general advertisements (e.g., newspapers, journals, etc.) or
by soliciting proposals directly from DBEs.
2019-2020 Transportation Demand Management Agreement
Between the City of Tukwila and King County
Page 16 of 32
W.
2. Effectively use the services of available minority/women community
organizations, Contractors' groups, local, state, and Federal
minority/women business assistance offices; Disadvantaged Business
Enterprise and other organizations as allowed on a case -by -case basis to
provide assistance in the recruitment and placement of DBEs and other
small businesses.
3. Establish delivery schedules, where requirements of the contract allow and
encourage participation by DBEs and other small businesses.
4. Achieve DBE attainment through joint ventures.
5. Solicit through all reasonable and available means (e.g., attendance at pre -
bid meetings, advertising and/or written notices) DBE and other small
businesses that have the capability to perform the Work of the Contract.
6. Select portions of the Work to be performed by Subcontractors to increase
the likelihood that DBE and other small businesses' goals will be achieved
7. Provide interested Subcontractors with adequate information about the
plans, specifications, and requirements of the contract in a timely manner
to assist them in responding to a solicitation.
8. Negotiate in good faith with interested DBEs and other small businesses.
9. Avoid rejecting DBEs and other small businesses as being unqualified
without sound reasons based on a thorough investigation of their
capabilities. The Contractor's standing within its industry, membership in
specific groups, organizations, or associations and political or social
affiliations (for example union vs. non -union employee status) are not
legitimate causes for the rejection or non -solicitation of bids in the
Contractor's efforts to obtain DBE and other small business participation.
10. Make efforts to assist interested DBEs and other small businesses in
obtaining bonding, lines of credit, or insurance as required by the recipient
or Contractor.
11. Make efforts to assist interested DBEs and other small businesses in
obtaining necessary equipment, supplies, materials, or related assistance or
services.
D. DBE Listing. A current list of DBE firms accepted as certified by the Washington
State Office of Minority and Women's Business Enterprises (OMWBE) is available
from that office at (360) 753-9693. For purposes of this Contract, a DBE firm must
be certified by OMWBE as of the date of contract award.
2019-2020 Transportation Demand Management Agreement
Between the City of Tukwila and King County
Page 17 of 32
29
E. Procedure Applicable when DBEs Are Utilized. Concurrent with the use of any
DBE subcontractor or supplier the Contractor shall provide notice of such use in
writing to the King County Office of Business Development and Contract
Compliance (BDCC). Upon receipt of said notice, BDCC shall provide the
Contractor with the applicable procedures for counting DBE participation.
Assistance with this Section is available from BDCC at (206) 263-9717. Notice
referenced herein should be delivered to the following address:
King County Department of Finance
Office of Business Relations and Economic Development
401 Fifth Avenue, Suite 350
MS CNK-ES-0350
Seattle, WA 98104
Phone: (206) 263-9717
Fax: (206) 205-0840
F. The Contractor is required to pay its subcontractors performing work related to
this contract for satisfactory performance of that work no later than 30 days after
the contractor's receipt of payment for that work from the County. In addition, the
contractor may not hold retainage from its subcontractors, but may require the
purchase of a retainage bond by the subcontractor.
G. The Contractor must promptly notify the County whenever a DBE subcontractor
performing work related to this contract is terminated or fails to complete its work,
and must make good faith efforts to engage another DBE subcontractor to perform
at least the same amount of work. The Contractor may not terminate any DBE
subcontractor and perform that work through its own forces or those of an affiliate
without prior written consent of the County.
1-2 Federal Chanizes
Contractor shall at all times comply with all applicable FTA regulations, policies,
procedures and directives, including without limitation those listed directly or by reference
in the Master Agreement between the County and FTA, as they may be amended or
promulgated from time to time during the term of this contract. Contractor's failure to so
comply shall constitute a material breach of this contract.
1-3 No Federal Government Obligations to Third Parties
The Contractor acknowledges and agrees that, notwithstanding any concurrence by the
Federal Government in or approval of the solicitation or award of this Contract, absent the
express written consent by the Federal Government, the Federal Goverm-ent is not a party
to this Contract and shall not be subject to any obligations or liabilities to the Contractor or
any other party (whether or not a party to this Contract) pertaining to any matter resulting
from this Contract.
2019-2020 Transportation Demand Management Agreement
Between the City of Tukwila and King County
Page 18 of 32
30
The Contractor agrees to include the above clause in each subcontract financed in whole or
in part with Federal assistance provided by FTA. It is further agreed that the clause shall not
be modified, except to identify the subcontractor who will be subject to its provisions.
1-4 Civil RijZhts
The following requirements shall apply to the this Contract and all third -party contracts:
(A) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended,
42 U.S.C. § 2000d, U.S. Department of Justice "Guidelines for enforcement of Title VI,
Civil Rights Act of 1964, 28 CFR §50.3, U.S DOT regulations, "Nondiscrimination in
Federally -Assisted Programs of the Department of Transportation — Effectuation of Title
VI of the Civil Rights Act of 1964," 49 CFR part 21, Section 303 of the Age Discrimination
Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities
Act of 1990, 42 U.S.C. § 12132, section 504 of the Rehabilitation Act of 1973, 29 U.S.C.
§ 794 and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not
discriminate against any person on the basis of race, color, religion, national origin, sex,
age, or disability. In addition, the Contractor agrees to comply with applicable Federal
implementing regulations and other implementing requirements FTA may issue.
(13) Equal Employment Opportunity - The following equal employment opportunity
requirements apply to the underlying contract:
(1) Race, Color, Religion, National Origin, Sex - In accordance with Title VII of
the Civil Rights Act, as amended, 42 U.S.C. § 2000e, section 503 of the
Rehabilitation Act of 1973, as amended 29 U.S.C. §793 and Federal transit laws at
49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal
employment opportunity requirements of U.S. Department of Labor (U.S. DOL)
regulations, "Office of Federal Contract Compliance Programs, Equal Employment
Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq., (which implement
Executive Order No. 11246, "Equal Employment Opportunity," as amended by
Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal
Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable
Federal statutes, executive orders, regulations, and Federal policies that may in the
future affect construction activities undertaken in the course of the Project. The
Contractor agrees to take affirmative action to ensure that applicants are employed,
and that employees are treated during employment, without regard to their race,
color, religion, national origin, sex, age, or disability. Such action shall include,
but not be limited to, the following: employment, upgrading, demotion or transfer,
recruitment or recruitment advertising, layoff or termination; rates of pay or other
forms of compensation; and selection for training, including apprenticeship. In
addition, the Contractor agrees to comply with any implementing requirements
FTA may issue.
2019-2020 Transportation Demand Management Agreement
Between the City of Tukwila and King County
Page 19 of 32
M
(2) Sex - In accordance with Title IX of the Education Amendments of 1972, as
amended, 20 U.S.C. Sections 1681 et seq. and implementing Federal regulations,
"Nondiscrimination on the Basis of Sex in Education Programs or Activities
Receiving Federal Financial Assistance," 49 CFR Part 25, and FTA Circular
4220.117 Chapter IV, Section 2(a)(5)(b), the Contractor agrees to refrain from
discrimination against present and prospective employees on the basis of their sex.
In addition, the Contractor agrees to comply with any implementing requirements
FTA may issue.
(3) Age - In accordance with The "Age Discrimination Act of 1974, as amended,
42 U.S.C. Sections 6101 et seq., and Department of Health and Human Services
implementing regulations, "Nondiscrimination on the Basis of Age in Programs or
Activities Receiving Federal Financial Assistance, 45 CFR Part 90, and section 4
of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. §§
623 and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain
from discrimination against present and prospective employees for reason of age.
hi addition, the Contractor agrees to comply with any implementing requirements
FTA may issue.
(4) Disabilities - In accordance with section 102 of the Americans with Disabilities
Act, as amended, 42 U.S.C. § 12101 et seq., the Contractor agrees that it will
comply with the requirements of U.S. Equal Employment Opportunity
Commission, "Regulations to Implement the Equal Employment Provisions of the
Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment
of persons with disabilities. In addition, the Contractor agrees to comply with any
implementing requirements FTA may issue.'
(C) Information and Reports - The Contractor shall provide all information and reports
required by the regulations or directives issued pursuant thereto and shall permit access to
its books, records, accounts, other sources of information, and its facilities as may be
determined by the County or the Federal Transit Administration (FTA) to be pertinent to
ascertain compliance with such regulations, orders and instructions. The Contractor shall
maintain all required records for at least three (3) years after the County makes final
payment and all other pending matters are closed. Where any information is required and
it is in the exclusive possession of another who fails or refuses to furnish this information,
the Contractor shall so certify to the County or the Federal Transit Administration, as
appropriate, and shall set forth efforts made to obtain the information.
2019-2020 Transportation Demand Management Agreement
Between the City of Tukwila and King County
Page 20 of 32
32
(D) Sanctions for Noncompliance - In the event of the Contractor's noncompliance with
the nondiscrimination provisions of this Contract, the County shall impose such contract
sanctions as it or the FTA may determine to be appropriate, including, but not limited to:
1. Withholding of payments to the Contractor under the Contract until the
Contractor complies, and/or,
2. Cancellation, termination or suspension of the Contract, in whole or in part.
(E) Incorporation of Provisions - The Contractor shall include the provisions of paragraphs
A through E of this section in every subcontract, including procurements of materials and
leases of equipment, unless exempt by the regulations or directives issued pursuant thereto.
The Contractor shall take such action with respect to any subcontract or procurement as the
County or the FTA may direct as a means of enforcing such provisions, including sanctions
for noncompliance. Provided, however, that, in the event the Contractor becomes involved
in or is threatened with litigation with a subcontractor or supplier as a result of such direction,
the Contractor may request the County to enter into such litigation to protect the interests of
the County, and in addition, the Contractor may request the United States to enter into such
litigation to protect the interests of the United States.
1-5 Cargo Preference - Use of U.S. FlaV, Vessels
The contractor agrees:
a. to use privately owned United States -Flag commercial vessels to ship at least 50
percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo
liners, and tankers) involved, whenever shipping any equipment, material, or
commodities pursuant to the underlying contract to the extent such vessels are
available at fair and reasonable rates for United States -Flag commercial vessels;
b. to furnish within 20 working days following the date of loading for shipments
originating within the United States or within 30 working days following the date
of loading for shipments originating outside the United States, a legible copy of a
rated, "on -board" commercial ocean bill -of -lading in English for each shipment of
cargo described in the preceding paragraph to the Division of National Cargo,
Office of Market Development, Maritime Administration, Washington, DC 20590
and to the FTA recipient (through the contractor in the case of a subcontractor's
bill -of -lading.)
c. to include these requirements in all subcontracts issued pursuant to this contract
when the subcontract may involve the transport of equipment, material, or
commodities by ocean vessel.
2019-2020 Transportation Demand Management Agreement
Between the City of Tukwila and King County
Page 21 of' 2
33
1-6 Fly Americas Requirements
The Contractor agrees to comply with 49 U.S.C. 40118 (the "Fly America" Act) in
accordance with the General Services Administration's regulations at 41 CFR Part 301-10,
which provide that recipients and subrecipients of Federal funds and their contractors are
required to use U.S. Flag air carriers for U.S Government -financed international air travel
and transportation of their personal effects or property, to the extent such service is
available, unless travel by foreign air carrier is a matter of necessity, as defined by the Fly
America Act. The Contractor shall submit, if a foreign air carrier was used, an appropriate
certification or memorandum adequately explaining why service by a U.S. flag air carrier
was not available or why it was necessary to use a foreign air carrier and shall, in any event,
provide a certificate of compliance with the Fly America requirements. The Contractor
agrees to include the requirements of this section in all subcontracts that may involve
international air transportation.
1-7 Audit and Inspection of Records
Access to Records - The following access to records requirements apply to this Contract:
A. Where the FTA Recipient or a subgrantee of a FTA Recipient ("Purchaser") is the
County, the Contractor agrees to provide the Purchaser, the FTA Administrator, the
Comptroller General of the United States or any of their- authorized representatives access
to any books, documents, papers and records of the Contractor which are directly
pertinent to this contract for the purposes of making audits, examinations, excerpts and
transcriptions in accordance with 2 C.F.R. 200.336. Contractor- also agrees to provide the
County and the FTA Administrator or his authorized representatives including any PMO
Contractor, pursuant to 49 C.F.R. 633.17, access to Contractor's records and construction
sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)l, which is
receiving federal financial assistance through the programs described at 49 U.S.C. 5307,
5309 or 5311.
B. Where the Purchaser is a State and is the FTA Recipient or a subgrantee of the FTA
Recipient, the Contractor agrees to provide the Purchaser, the FTA Administrator or his
authorized representatives, including any PMO Contractor, access to the Contractor's
records and construction sites pertaining to a major capital project, defined at 49 U.S.C.
5302(a)1, which is receiving federal financial assistance through the programs described
at 49 U.S.C. 5307, 5309 or 5311. By definition, a major capital project excludes
contracts of less than the simplified acquisition threshold currently set at $100,000 (49
CFR Part 633.5).
C. Where the Purchaser enters into a negotiated contract for other than a small purchase
or under the simplified acquisition threshold and is an institution of higher education, a
hospital or other non-profit organization and is the FTA Recipient or a subgrantee of the
FTA Recipient in accordance with 2 C.F.R. 200.336, the Contractor agrees to provide the
Purchaser, FTA Administrator, the Comptroller General of the United States or any of
2019-2020 Transportation Demand Management Agreement
Between the City of Tukwila and King County
Page 22 of 32
34
their duly authorized representatives with access to any books, documents, papers and
record of the Contractor which are directly pertinent to this contract for the purposes of
making audits, examinations, excerpts and transcriptions.
D. Where any Purchaser which is the FTA Recipient or a subgrantee of the FTA
Recipient in accordance with 49 U.S.C. 5325(a) enters into a contract for a capital project
or improvement (defined at 49 U.S.C. 5302(a)l) through other than competitive bidding,
the Contractor shall make available records related to the contract to the Purchaser, the
Secretary of Transportation and the Comptroller General or any authorized officer or
employee of any of them for the purposes of conducting an audit and inspection.
E. The Contractor agrees to permit any of the foregoing parties to reproduce by any
means whatsoever or to copy excerpts and transcriptions as reasonably needed.
F. The Contractor agrees to maintain all books, records, accounts and reports required
under this contract for a period of not less than three (3) years after the date of
termination or expiration of this contract, except in the event of litigation or settlement of
claims arising from the performance of this contract, in which case Contractor agrees to
maintain same until the Purchaser, the FTA Administrator, the Comptroller General, or
any of their duly authorized representatives, have disposed of all such litigation, appeals,
claims or exceptions related thereto.
G. FTA does not require the inclusion of these requirements in subcontracts.
1-8 FTA Protest Procedures
Bidders are hereby notified that if this Contract is funded in whole or in part by the
Federal Department of Transportation, the Federal Transit Administration (FTA) may
entertain a protest that alleges that the County failed to have or follow written protest
procedures. Bidders must file a protest with the FTA not later than 5 working days after
the County renders a final decision or 5 working days after the Bidder knows or has
reason to Imow that the County has failed to render a final decision. The protesting party
must notify the County if it has filed a protest with the FTA. After 5 days, the County
will confirm with FTA that FTA has not received a protest. Protests to the FTA must be
filed in accordance with FTA Circular 4220.1 F (as periodically updated).
The County will not award a contract for 5 working days following its decision on a Bid
protest or while a protest to the FTA is pending unless the County determines that: (1) the
items to be procured are urgently required; (2) delivery of performance will be unduly
delayed by failure to make the award promptly; or (3) failure to make prompt award will
otherwise cause undue harm to the County or the Federal Governinent.
2019-2020 Transportation Demand Management Agreement
Between the City of Tukwila and King County
Page 23 of 32
35
1-9 Privacy
Should the Contractor, or any of its subcontractors, or their employees administer any system
of records on behalf of the Federal Govermment, the Privacy Act of 1974, 5 USC § 552a,
imposes information restrictions on the party administering the system of records.
For purposes of the Privacy Act, when the Agreement involves the operation of a system of
records on individuals to accomplish a government function, the recipient and any
contractors, third party contractors, subcontractors and their employees involved therein are
considered to be government employees with respect to the government function. The
requirements of the Act, including the civil and criminal penalties for violations of the Act,
apply to those individuals involved. Failure to comply with the terns of the Act or this
provision of this contract will make this contract subject to termination.
The Contractor agrees to include this clause in all subcontracts awarded tinder this Contract,
which involve the design, development, operation, or maintenance of any system of records
on individuals subject to the Act.
1-10 Certification Re�yardinfy Debarment, Suspension and Other Responsibility Matters
Pursuant to Executive Order 12549 and 12689, "Debarment and Suspension," 31 USC §
6101 note and federal regulations in 2 CFR Part 180.300 and 2 CFR Part 1200, entities and
individuals who are debarred or suspended by the federal government are excluded from
obtaining federal assistance funds under this contract. To assure that such entities and
individuals are not involved as participants on this FTA-financed contract, if the contract
exceeds $25,000, each Bidder shall complete and submit, as part of its Bid, the certification
contained in Attaclunent A for itself, its principals and its subcontractor(s) for any
subcontract in excess of $25,000. The inability of a Bidder to provide a certification in
Attachment A will not necessarily result in denial of consideration for contract award. A
Bidder that is unable to provide a certification must submit a complete explanation attached
to the certification form. Failure to submit a certification or explanation shall disqualify the
Bidder from participation under this Bid. The County, in conjunction with. FTA, will
consider the certification or explanation in determining contract award. No contract will be
awarded to a potential third -party contractor submitting a conditioned debarment or
suspension certification, unless approved by the FTA.
The certification is a material representation of fact upon which reliance is placed in
determination of award of contract. If at any time the Bidder or Contractor learns that its
certification was erroneous when submitted or has become erroneous by reason of changed
circumstances, it shall immediately provide written notice to the County. If it is later
determined that the Bidder knowingly rendered an erroneous certification, or failed to notify
the County immediately of circumstances that made the original certification no longer valid,
the County may disqualify the Bidder. If it is later determined that the Contractor knowingly
rendered an erroneous certification, or failed to notify the County immediately of
2019-2020 Transportation Demand Management Agreement
Between the City of Tukwila and King County
Page 24 of 32
36
circumstances which made the original certification no longer valid, the County may
terminate the contract, in addition to other remedies available including FTA suspension
and/or debarment.
1-11 Subcontractors' Certification Regyardina, Debarment, Suspension or Ineligibility
By submitting a Bid for this Contract, the Bidder agrees that should it be awarded the
Contract, it shall not knowingly enter into any subcontract exceeding $25,000 with an entity
or person who is debarred, suspended, or who has been declared ineligible from obtaining
federal assistance funds; and shall require each subcontractor to complete the certification
provided in Attaclunent B.
Each subcontract, regardless of tier, shall contain a provision that the subcontractor shall not
knowingly enter into any lower tier subcontract with a person or entity who is debarred,
suspended or declared ineligible from obtaining federal assistance funds, and a provision
requiring each lower -tiered subcontractor to provide the certification set forth in Attachment
B.
The Contractor shall require each subcontractor, regardless of tier, to immediately provide
written notice to the Contractor if at any time the subcontractor learns that its, or a lower -tier
certification was erroneous when submitted or has become erroneous by reason of changed
circumstances. The Contractor may rely upon the certifications of the subcontractors unless
it knows that a certification is erroneous. The Contractor's knowledge and information
regarding any subcontractor is not required to exceed that which is normally possessed by a
prudent person in the ordinary course of business.
1-12 Anti -Kickback
The County and contractors are required to comply with the Anti -Kickback Act of 1986, 41
USC 8701 etseq. Under state and federal law, it is a violation for County employees, bidders,
contractors or subcontractors to accept or offer any money or benefit as a reward for
favorable treatment in connection with the award of a contract or the purchase of goods or
services.
"Kickback" as defined by Federal Acquisition Regulation (FAR) 52.203-7, and 41 USC §
8701(2), means any money, fee, commission, credit, gift, gratuity, thing of value, or
compensation of any kind that is provided directly or indirectly to any prime Contractor,
prime Contractor employee, subcontractor or subcontractor employee for the purpose of
improperly obtaining or rewarding favorable treatment in connection with a prime contract
or in connection with a subcontract relating to a prime contract.
1-13 False or Fraudulent Statements or Claims
(A) The Contractor acknowledges that the provisions of the Program Fraud Civil
2019-2020 Transportation Demand Management Agreement
Between the City of Tukwila and King County
Page 25 of 32
37
Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et sec. and U.S. DOT regulations,
"Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this
Project. Upon execution of the underlying contract, the Contractor certifies or affirms the
truthfulness and accuracy of any statement it has made, it makes, it may make, or causes
to be made, pertaining to the underlying contract or the FTA assisted project for which
this contract work is being performed. In addition to other penalties that may be
applicable, the Contractor further acknowledges that if it makes, or causes to be made, a
false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal
Government reserves the right to impose the penalties of the Program Fraud Civil
Remedies Act of 1986 on the Contractor to the extent the Federal Government deems
appropriate.
(B) The Contractor also acknowledges that if it makes, or causes to be made, a false,
fictitious, or fraudulent claim, statement, submission, or certification to the Federal
Government under a contract connected with a project that is financed in whole or in part
with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. §
5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and
49 U.S.C. § 5307(n)(1) on the Contractor, to the extent the Federal Government deems
appropriate.
(C) The Contractor agrees to include the above two clauses in each subcontract financed
in whole or in part with Federal assistance provided by FTA. It is further agreed that the
clauses shall not be modified, except to identify the subcontractor who will be subject to
the provisions.
1-14 Enera Conservation
The Contractor agrees to comply with mandatory standards and policies relating to energy
efficiency that are contained in the State Energy Conservation plan issued in compliance with
the Energy Policy and Conservation Act, 42 USC §§ 6321 et seq.
The Contractor agrees to include this clause in all subcontracts awarded under this Contract.
1-15 Environmental Requirements
The Contractor agrees to comply with all applicable standards, orders or requirements as
follows:
A. Environmental Protection
The Contractor agrees to comply with the applicable requirements of the National
Envirommental Policy Act of 1969, as amended, 42 USC §§ 4321, et seq., consistent
with Executive Order No. 11514, as amended, "Protection and Enhancement of
2019-2020 Transportation Demand Management Agreement
Between the City of Tukwila and King County
Page 26 of 32
W.
Environmental Quality," 42 USC § 4321 note. FTA statutory requirements on
enviroitnental matters at 49 USC § 5324(b); Council on Environmental Quality
regulations on compliance with the National Environmental Policy Act of 1969, as
amended, 42 USC § 4321 et seq. and 40 CFR Part 1500 el seq.; and joint FHWA/FTA
regulations, "Environmental Impact and Related Procedures," 23 CFR Part 771 and
49 CFR Part 622.
B. Air Quality
The Contractor agrees to comply with all applicable standards, orders, or regulations
issued pursuant to the Clean Air Act, as amended, 42 USC §§ 7401, el seq. The
Contractor agrees to report each violation to the County and understands and agrees
that the County will, in turn, report each violation as required to assure notification
to FTA and the appropriate U.S. Enviroritnental Protection Agency (EPA) Regional
Office.
The Contractor agrees to include this clause in each subcontract exceeding $100,000
financed in whole or in part with Federal assistance provided by FTA.
C. Clean Water
The Contractor agrees to comply with all applicable standards, orders, or
regulations issued pursuant to the Federal Water Pollution Control Act, as amended,
33 USC § § 1251 el seq. The Contractor agrees to report each violation to the County
and understands and agrees that the County will, in turn, report each violation as
required to assure notification to FTA and the appropriate Environmental Protection
Agency (EPA) Regional Office.
The Contractor agrees to protect underground sources of drinking water consistent
with the provisions of the Safe Drinking Water Act of 1974, as amended, 42 USC
§§ 300h et seq. The Contractor agrees to include these requirements in each
subcontract exceeding $150,000 financed in whole or in part with Federal assistance
provided by FTA.
D. Use of Public Lands
The Contractor agrees that no publicly owned land from a park, recreation area, or
wildlife or waterfowl refuge of national, state, or local significance as determined
by the federal, state or local officials having jurisdiction thereof, or any land from
a historic site of national, state, or local significance may be used for the Project
unless the FTA makes the specific findings required by 49 USC § 303.
2019-2020 Transportation Demand Management Agreement
Between the City of Tukwila and King County
Page 27 of 32
M
E. Historic Preservation
The Contractor agrees to assist the Federal Government in complying with section
106 of the National Historic Preservation Act, as amended, 16 USC § 470f,
Executive Order No. 11593, "Protection and Enhancement of the Cultural
Environment," 16 USC § 470 note, and the Archaeological and Historic
Preservation Act of 1974, as amended, 16 USC §§ 469a-1 et seq. involving historic
and archaeological preservation as follows:
1. The Contractor agrees to consult with the State Historic Preservation
Officer about investigations to identify properties and resources listed in or
eligible for inclusion in the National Register of Historic Places that may be
affected by the Project, in accordance with Advisory Council on Historic
Preservation regulations, "Protection of Historic and Cultural Properties,"
36 CFR Part 800, and notifying FTA of those properties so affected.
2. The Contractor agrees to comply with all federal requirements to avoid or
mitigate adverse effects on those historic properties.
F. Mitilzation of Adverse Environmental Effects
The Contractor agrees that if the Project should cause adverse environmental
effects, the Contractor will take all reasonable steps to minimize those effects in
accordance with 49 USC § 5324(b), and all other applicable federal laws and
regulations, specifically, the procedures of 23 CFR Part 771 and 49 CFR Part 622.
1-16 Preference for Recycled Products
Recovered Materials - The contractor agrees to comply with all the requirements of
Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42
U.S.C. 6962), including but not limited to the regulatory provisions of 40 CFR Part 247,
and Executive Order 12873, as they apply to the procurement of the items designated in
Subpart B of 40 CFR Part 247.
1-17 Termination Provisions Required
All contracts and subcontracts in excess of $10,000 shall contain contractual provisions or
conditions that allow for termination for cause and convenience by the County including the
manner by which it will be effected and the basis for settlement.
(Required by FTA Circular 4220.1F, Page IV-13).
2019-2020 Transportation Demand Management Agreement
Between the City of Tukwila and King County
Page 28 of 32
.8
1-18 Incorporation of FTA Terms
The preceding provisions include, in part, certain Standard Terms and Conditions required by
the U.S. Department of Transportation, whether or not expressly set forth in the preceding
contract provisions. All contractual provisions required by the U.S. Department of
Transportation, as set forth in FTA Circular 4220.IF, dated November 1, 2008, are hereby
incorporated by reference. Anything to the contrary herein notwithstanding, all FTA
mandated terms shall be deemed to control in the event of a conflict with other provisions
contained in this Contract. The Contractor agrees not to perform any act, fail to perform any
act, or refuse to comply with any County requests that would cause the County to be in
violation of the FTA terms and conditions.
1-19 Sensitive Security Information
The Contractor shall protect, and take measures to ensure that its subcontractors at each tier, protect
"sensitive security information" made available during the administration of a third party contract
or subconstract to ensure compliance with 49 U.S.C. 40119 (b) and implementing DOT
regulations, "Protection of Sensitive Security Information," 49 CFR Part 15, and with 49 U.S.C. §
114 (r) and implementing Department of Homeland Security Regulations, "Protection of Sensitive
Security Information," 49 CFR Part 1520.
1-20 Substance Abuse
Contractor and its subcontractors agrees to comply with U.S. OMB Guidance,
"Governmentwide Requirements for Drug -Free Workplace (Financial Assistance)," 2 CFR
Part 182, and U.S. DOT regulations, "Governmentwide Requirements for Drug -Free
Workplace (Financial Assistance)," 49 CFR Part 32, that implement the Drug -Free
Workplace Act of 1988, 41 USC §§ 701 et seq., including any amendments to these U.S.
DOT regulations when they are promulgated, and "Prevention of Alcohol Misuse and
Prohibited Drug Use in Transit Operations," 49 CFR Part 655, that implement 49 USC §
5331.
1-21 Seatbelt Use
Contractor shall adopt and promote on-the-job seatbelt use policies and programs for its employees
and other personnel that operate company owned, rented, or personally operated vehicles in
compliance with Federal Executive Order No. 13043, "Increasing Seatbelt Use in the United
States," April 16, 1997, 23 U.S.C. § 402 note. This provision shall be included in each third party
subcontract involving this project.
2019-2020 Transportation Demand Management Agreement
Between the City of Tukwila and King County
Page 29 of 32
Eff
1-22 Textinfy While Driving and Distracted DrivinjZ
Contractor shall promote policies and initiatives for its employees and other personnel that adopt
and promote safety policies to decrease crashes by distracted drivers, including policies to ban text
messaging while driving consistent with Executive Order No. 13513, "Federal Leadership on
Reducing Text Messaging While Driving," October 1, 2009, 23 U.S.C. S 402 note, and DOT Order
3902.10, "Text Messaging While Driving," December 30, 2009. This provision shall be included
in each third party subcontract involving this project.
1-23 Use of $1 Coins
The Contractor and the County agree to comply with Section 104 of the Presidential $1 Coin Act
of 2005, 31 U.S.C. Section 5312(p), FTA assisted property that requires the use of coins or
currency in public transportation service or supporting service must be fully capable of accepting
and dispensing $1 coins
2019-2020 Transportation Demand Management Agreement
Between the City of Tukwila and King County
Page 30 of 32
42
ATTACHMENT C
CERTIFICATION REGARDING DEBARMENT, SUSPENSION
AND OTHER RESPONSIBILITY MATTERS -
PRIMARY COVERED TRANSACTIONS
Federal Transit Administration (FTA)
The prospective Primary Participant (potential contractor for a major third -party contract),
certifies to the best of its knowledge and
belief, that it and its principals:
Are not presently debarred, suspended, proposed for debarment, declared ineligible,
or voluntarily excluded from covered transactions by any federal department or
agency;
2. Have not within a three (3) year period preceding this Bid been convicted of or had a
civil judgment rendered against them for commission of fraud or a criminal offense
in connection with obtaining, attempting to obtain or performing a public (federal,
state or local) transaction or contract under a public transaction; violation of federal
or state antitrust statutes or commission of embezzlement, theft, forgery, bribery,
falsification or destruction or records, making false statements or receiving stolen
property;
3. Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (federal, state or local) with commission of any of the offenses
enumerated in Paragraph 2 of this certification; and
4. Have not within a three (3) year period preceding this Bid had one or more public
transactions (federal, state or local) terminated for cause or default.
[If the primary participant (applicant for an FTA grant, or cooperative agreement or potential
third -party contractor) is unable to certify to any of the statements in this certification, the
participant shall attach an explanation to this certification.]
THE PRIMARY PARTICIPANT (POTENTIAL CONTRACTOR FOR A MAJOR THIRD -
PARTY CONTRACT) CERTIFIES OR AFFIRMS THE TRUTHFULNESS AND ACCURACY
OF THE CONTENTS OF THE STATEMENTS SUBMITTED ON OR WITH THIS
CERTIFICATION AND UNDERSTANDS THAT THE PROVISIONS OF 31 USC SECTIONS
3801, ET SEQ., ARE APPLICABLE THERETO.
Name of Firm:
Authorized Signature:
Printed Name:
Title:
Date:
f:\data\Procman\01\Boilerplate\Team—BPO (10/01) 31
43
ATTACHMENT D
CONTRACT NO:
CERTIFICATION REGARDING DEBARMENT, SUSPENSION,
AND OTHER INELIGIBILITY AND VOLUNTARY EXCLUSION —
LOWER -TIER COVERED TRANSACTIONS
(This Attachment may be completed and submitted to the Buyer after award of Contract.)
The Lower -Tier Participant (potential sub -grantee or sub -recipient under a Federal Transit
Administration (FTA) project, potential third -party contractor, or potential subcontractor under a
major third -party contract), certifies, by submission of this Bid, that
neither it nor its principals are presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participation in this transaction by any federal department or
agency.
The Lower -Tier Participant will not knowingly enter into any lower -tier covered transaction with a
person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended,
declared ineligible, or voluntarily excluded from participation in this covered transaction, unless
authorized by the department or agency with which this transaction originated.
The prospective Lower -Tier Participant agrees by submitting this proposal that it will include this
requirement in all lower -tier covered transactions and in all solicitations for lower -tier covered
transactions.
If the Lower -Tier Participant (potential sub -grantee or sub -recipient under an FTA project, potential
third -party contractor, or potential subcontractor under a major third party contract) is unable to
certify to any of the statements in this certification, such participant shall attach an explanation to
this Bid.
THE LOWER -TIER PARTICIPANT (POTENTIAL SUB -GRANTEE OR SUB -AGREEMENT
UNDER AN FTA PROJECT, POTENTIAL THIRD -PARTY CONTRACTOR, OR POTENTIAL
SUBCONTRACTOR UNDER A MAJOR THIRD -PARTY CONTRACT) CERTIFIES OR AFFIRMS
THE TRUTHFULNESS AND ACCURACY OF THE CONTENTS OF THE STATEMENTS
SUBMITTED ON OR WITH THIS CERTIFICATION AND UNDERSTAND THAT THE
PROVISIONS OF 31 USC §§ 3801, ET SEQ., ARE APPLICABLE THERETO.
Name of Firm:
Authorized Signature:
Printed Name:
Title:
Date:
2019-2020 Transportation Demand Management Agreement
Between the City of Tukwila and King County
Page I of 32
44
City Council Transportation & Infrastructure Committee
TRANSPORTATION & INFRASTRUCTURE COMMITTEE
Meeting Minutes
November 19, 2019 - 5:30 p.m. - Hazelnut Conference Room, City Hall
Councilmembers: Acting Chair Dennis Robertson, Verna Seal, De'Sean Quinn
Staff: David Cline, Henry Hash, Gail Labanara, Han Kirkland, Ryan Larson, Peter Lau,
Cyndy Knighton, Alison Turner, and Chris Andree
CALL TO ORDER: Acting Committee Chair Robertson called the meeting to order at 5:30 p.m.
I. BUSINESS AGENDA
A. Transportation Demand Management (TDM) Agreement 2020
Staff is seeking Council approval of an agreement with King County Metro to accept $75,000 in
pass through funding from the Transportation Demand Management Corridor Strategies
Supporting Centers Federal Congestion Mitigation and Air Quality grant. Funding will be used
to continue TDM activities in South King County and no City match is required. UNANIMOUS
APPROVAL. FORWARD TO DECEMBER 2, 2019 REGULAR CONSENT AGENDA.
B. Resolution: Title VI Program
Staff is seeking Council approval of a resolution thatwould formally establish a Title VI Program
as requested by King County Metro. Title VI of the Civil Rights Act of 1964 provides that no
person shall, on the grounds of race, color, or national origin, be excluded from participation
in, denied the benefits of, or be subjected to discrimination under any program receiving
federal funding. While some Title VI elements are already implemented in the City, the Program
has not been formally adopted. In 2020, staff will further develop an organization -wide Title VI
Program that meets all federal requirements. UNANIMOUS APPROVAL. FORWARD TO
NOVEMBER 25, 2019 COMMITTEE OF THE WHOLE.
C. Contract Amendment: Public Works Shops Phase 1
Staff is seeking Council approval of Amendment No. 2 to Contract 18-197 in the amount of
$570,768 with SHKS Architects to design the Fleet and Facilities Building tenant improvements
as part of the Public Works Shops Phase 1. SHKS completed the Master Planning effort and this
amendment will design the necessary improvements including seismic retrofit, interior and
exterior improvements, upgradesto HVAC, mechanical, electrical, and storm drainage systems.
The seismic upgrades consists of seismic strengthening of the building to meet ASCE 41-13
analysis requirements for Life Safety performance. UNANIMOUS APPROVAL. FORWARD TO
NOVEMBER 25, 2019 COMMITTEE OF THE WHOLE.
45