AG 15-213RETURN TO: EXT: .2:70 D 3 e7 777
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
1. ORIGINATING DEL T/DIV: PUBLIC WORKS / TRAFFIC DIVISION
2. ORIGINATING STAFF PERSON:
4. TYPE OF DOCUMENT (CHECK ONE):
❑
CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ)
❑ PUBLIC WORKS CONTRACT
❑ PROFESSIONAL SERVICE AGREEMENT
❑ GOODS AND SERVICE AGREEMENT
❑
REAL ESTATE DOCUMENT
❑ ORDINANCE
❑
CONTRACT AMENDMENT (AG #):
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5. PROJECT NAME:
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6. NAME OF CONTRACTOR:
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❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT
❑ MAINTENANCE AGREEMENT
❑ HUMAN SERVICES / CDBG
❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS)
❑ RESOLUTION
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7. EXHIBITS AND ATTACHMENTS: pr, SCOPE, WORK OR SERVICES ❑ COMPENSATION
OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES
CFW LICENSE # —7 /BL, EXP. 12/31/
8. TERM: COMMENCEMENT DATE: / ! I 1/5
TELEPHONE:
$ 7 FAX: � 1
TITLE:I/�(�L�C)i. c_TtavwS
❑ INSURANCE REQUIREMENTS /CERTIFICATE ❑ ALL
❑ PRIOR CONTRACT /AMENDMENTS
, EXP. / /_
9. TOTAL COMPENSATION: $
(IF CALCULATED ON HOURL
REIMBURSABLE EXPENSE:
UBI #
COMPLETION DATE: -30 - 1-3•
3$ ( aCc.0O (INCLUDE EXPENSES AND SALESTAX, IF ANY)
LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES)
❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $
IS SALES TAX OWED: ❑ YES ❑ NO IF YES, $
10s_, kw _ 2.61- 543 - 31- .aO
❑ PURCHASING: PLEASE CHARGE TO:
PAID BY: ❑ CONTRACTOR ❑ CITY
10. DOCUMENT / CONTRACT REVIEW
PROJECT MANAGER
DIVISION MANAGER
DEPUTY DIRECTOR
0( DIRECTOR
❑ RISK MANAGEMENT (IF APPLICABLE)
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11. COUNCIL PTROYAL (IF APPLICABLE)
12. CONTRACT SIGNATURE ROUTING
SENT TO VENDOR/CONTRACTOR
❑ 'ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS
INITIAL / DATE SIGNED
INITIAL / DATE REVIEWED
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COMMITTEE APPROVAL DATE: ! /O d /16
DATE SENT: VII hS
❑ LAW DEPT
❑ CHIEF OF STAFF
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❑ CRY CLERK
ASSIGNED AG #
SIGNED COPY RETURNED
❑ RETURN ONE ORIGINAL
COMMENTS:
EXECUTE " 3 " ORIGINALS IN BLUE INK AND MAILALL "3" SIGNS COPIES TO
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Federal /State Transportation Demand Management
Implementation Agreement
Washington State Department of
Transportation
310 Maple Park Avenue SE
PO Box 47387
Olympia, WA 98504 -7387
Contact Person: Kathy Johnston 360 - 705 -7845
Contractor
City of Federal Way
33325 8th Avenue South
Federal Way, WA 98003 -6325
Federal ID #: SW0015957 00
Contact Person: Sarady Long 253- 835 -2743
Project Costs:
State Funds $38,869
Contractor Funds $0
Total Project Cost $38,869
Scope of Project: Carry out the
Project as described in Exhibit 1, Project
Scope of Work
Agreement Number:
GCB2157
Term of Project:
July 1, 2015 through June 30, 2017
Service Area: Federal Way
This AGREEMENT is entered into by the Washington State Department of Transportation,
hereinafter referred to as "WSDOT" and the Contractor identified above, hereinafter referred to
as "CONTRACTOR ", and/or individually referred to as the "PARTY" and collectively referred
to as the "PARTIES."
WHEREAS, RCW 70.94.521 through RCW 70.94.555 establishes the state's leadership role,
and the requirements and parameters to reduce traffic congestion, fuel use, and air pollution
through commute trip reduction programs, including transportation demand management
programs for growth and transportation efficiency centers ( "GTEC ") in Washington State; and
WHEREAS, RCW 47.06.050 requires that when planning capacity and operational
improvements, the State's first priority is to assess strategies to enhance the operational
efficiency of the existing system, and states that strategies to enhance the operational efficiencies
include, but are not limited to, access management, transportation system management, and
demand management ("Strategies"); and
WHEREAS, RCW 47.01.078 directs the State to develop strategies to reduce the per capita
vehicle miles traveled, to consider efficiency tools including commute trip reduction and other
demand management tools, and to promote the integration of multimodal planning in support of
the transportation system policy goals described in RCW 47.04.280; and
WHEREAS, the Legislature has directed the State to increase the integration of public
transportation and the highway system, to facilitate coordination of transit services and planning,
and to maximize opportunities to use public transportation to improve the efficiency of
transportation corridors (RCW 47.01.330); and
WHEREAS, RCW 47.80.010 encourages the State and local jurisdictions to identify
opportunities for cooperation to achieve statewide and local transportation goals; and
WHEREAS, the State of Washington in its Sessions Laws of 2015, Chapterl0, Section 220 (6)
and (7), authorizes funding for Public Transportation and Commute Trip Reduction programs
GCB2157 Page 1 of 16
and other special proviso funding through the multi -modal transportation account as identified in
the budget through its 2015 -2017 biennial appropriations to WSDOT; and
WHEREAS the WSDOT Public Transportation Division is responsible for administering funds
on behalf of the Washington State Legislature;
NOW, THEREFORE, in consideration of terms, conditions, performances and mutual
covenants herein set forth and the attached Exhibit 1, "Project Scope of Work," and Exhibit 2,
"Project Progress Reports," which are both incorporated and made a part of this AGREEMENT,
IT IS MUTUALLY AGREED AS FOLLOWS:
Section 1
Purpose of Agreement
The purpose of this AGREEMENT is for WSDOT to provide funding to the CONTRACTOR to
be used solely for activities undertaken to fulfill the requirements of RCW 70.94.521 through
RCW 70.94.555, hereinafter known as the "Project."
Section 2
Scope of Work
The CONTRACTOR agrees to perform all designated tasks of the Project under this
AGREEMENT as described in Exhibit 1, "Project Scope of Work," which by this reference is
incorporated into this AGREEMENT as if fully set forth herein.
Section 3
Term of Project
The CONTRACTOR shall commence, perform and complete the Project within the time defined
in the caption space header above titled "Term of Project" of this AGREEMENT regardless of
the date of execution of this AGREEMENT, unless terminated as provided herein. The caption
space header above entitled' "Term of Project" and all caption space headers above are by this
reference incorporated into this AGREEMENT as if fully set forth herein.
Section 4
Project Costs
The total reimbursable cost to accomplish the Project Scope of Work shall not exceed the "State
Funds" detailed in the caption space header above titled "Project Costs." The CONTRACTOR
agrees to expend eligible "State Funds" together with any "Contractor Funds" identified above in
the caption space header "Project Costs," in an amount sufficient to complete the Project as
detailed in Exhibit 1, "Project Scope of Work." If at any time the CONTRACTOR becomes
aware that the cost which it expects to incur in the performance of this AGREEMENT will differ
from the amount indicated in the caption space titled "Project Costs" above, the CONTRACTOR
shall notify WSDOT in writing within three (3) business days of making that determination.
Section 5
Reimbursement and Payment
A. Payment will be made with State Funds by WSDOT on a reimbursable basis for actual costs
and expenditures incurred, while performing eligible direct and related indirect Project work
during the Project period. Payment is subject to the submission to and approval by WSDOT of
properly prepared invoices that substantiate the costs and expenses submitted by
CONTRACTOR for reimbursement. Failure to send in progress reports and financial
information as required in Section 7 — Progress Reports may delay payment. The
CONTRACTOR must submit an invoice using either State of Washington Form A -19 (Invoice
Voucher), a copy of which is attached hereto as Exhibit 3 and by this reference incorporated into
GCB2157 Page 2 of 16
this AGREEMENT or a format approved by WSDOT. Such invoices may be submitted no more
than once per month and no less than once per year, during the course of this AGREEMENT. If
approved by WSDOT, said invoices shall be paid by WSDOT within thirty (30) days of receipt
of the invoice.
B. The CONTRACTOR shall submit an invoice by July 15, 2016, for any unreimbursed eligible
expenditures incurred between July 1, 2015, and June 30, 2016. If the CONTRACTOR is unable
to provide an invoice by this date, the CONTRACTOR shall provide an estimate of the charges
to be billed so WSDOT may accrue the expenditures in the proper fiscal period. Any subsequent
reimbursement request submitted will be limited to the amount accrued as set forth in this
section. The CONTRACTOR shall submit a final invoice to WSDOT no later than July 15,
2017. Any invoice received after July 15, 2017 will not be eligible for reimbursement.
Section 6
Project Records
The CONTRACTOR agrees to establish and maintain for the Project, either a separate set of
accounts or, accounts within the framework of an established accounting system in order to
sufficiently and properly reflect all eligible direct and related indirect Project costs incurred in
the performance of this AGREEMENT. Such accounts are referred to herein collectively as the
"Project Account." All costs claimed against the Project Account must be supported by properly
executed payrolls, time records, invoices, contracts, and payment vouchers evidencing in
sufficient detail the nature and propriety of the costs claimed.
Section 7
Progress Reports
The CONTRACTOR shall submit quarterly progress reports to WSDOT so that WSDOT may
adequately and accurately assess the progress made under the terms of this AGREEMENT. The
progress reports shall be prepared as prescribed by WSDOT on the forms provided in Exhibit 2,
"Project Progress Report" and/or as provided and modified by WSDOT staff. The
CONTRACTOR shall provide a final progress report, as prescribed in Exhibit 4, "Final Project
Progress Report" and/or as provided by WSDOT staff, with any changes to the form applied
according to the agreement modification process in Section 9. Progress reports shall be
submitted to WSDOT no later than forty -five (45) days from the end of each calendar quarter.
Section 8
Audits, Inspections, and Retention of Records
WSDOT auditor, federal auditor, state auditor, city 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 a party's records with respect to all matters covered by this
AGREEMENT. Such auditors and representatives shall be permitted to audit, examine and
make excerpts or transcripts from such records, and to make audits of all contracts, invoices,
materials, payrolls, and other matters covered by this AGREEMENT. In order to facilitate any
audits and inspections, all documents, papers, accounting records, and other materials
pertaining to the Project shall be retained by the PARTIES for six years from the date of
completion of the Project or the Project final payment date. However, in case of an audit
and/or litigation or a claim, the CONTRACTOR must retain all records until the audit and/or
litigation or claim is completed and fully resolved.
GCB2157 Page 3 of 16
Section 9
Agreement Modifications
A. Either PARTY may request changes to this AGREEMENT, including changes in the
Scope of Project. Such changes that are mutually agreed upon shall be incorporated as written
amendments to this AGREEMENT. No variation or alteration of the terms of this
AGREEMENT shall be valid unless made in writing and signed by authorized representatives of
the PARTIES hereto.
B. If an increase in funding by the funding source augments the CONTRACTOR's
allocation of funding under this AGREEMENT, the CONTRACTOR and WSDOT agree to enter
into an amendment to this AGREEMENT, providing for an appropriate change in the Scope of
Project and/or the Project Cost in order to reflect any such increase in funding.
C. If a reduction of funding by the funding source reduces the CON1RACTOR's allocation
of funding under this AGREEMENT, the CONTRACTOR and WSDOT agree to enter into an
amendment to this AGREEMENT providing for an appropriate change in the Scope of Project
and/or the Project Cost in order to reflect any such reduction of funding.
Section 10
Recapture Provision
In the event that the CONTRACTOR fails to expend State Funds in accordance with state law
and/or the provisions of this AGREEMENT, WSDOT reserves the right to recapture State Funds
in an amount equivalent to the extent of noncompliance. Such right of recapture shall exist for a
period not to exceed three (3) years following termination or expiration of this AGREEMENT.
The CONTRACTOR agrees to repay such State Funds under this recapture provision within
thirty (30) days of demand.
Section 11
Limitation of Liability
A. The CONTRACTOR shall indemnify and hold harmless WSDOT, its agents, employees,
and officers and process and defend at its own expense any and all claims, demands, suits at
law or equity, actions, penalties, losses, damages, or costs (hereinafter referred to collectively
as "claims "), of whatsoever kind or nature brought against WSDOT arising out of, in
connection with or incident to this AGREEMENT and/or the CONTRACTOR's performance
or failure to perform any aspect of this AGREEMENT. This indemnity provision applies to all
claims against WSDOT, its agents, employees and officers arising out of, in connection with
or incident to the acts or omissions of the CONTRACTOR, its agents, employees and officers.
Provided, however, that nothing herein shall require the CONTRACTOR to indemnify and
hold harmless or defend WSDOT, its agents, employees or officers to the extent that claims
are caused by the acts or omissions of WSDOT, its agents, employees or officers. The
indemnification and hold harmless provision shall survive termination of this AGREEMENT.
B. The CONTRACTOR shall be deemed an independent contractor for all purposes, and the
employees of the CONTRACTOR or its subcontractors and the employees thereof, shall not
in any manner be deemed to be the employees of WSDOT.
C. The CONTRACTOR specifically assumes potential liability for actions brought by
CONTRACTOR's employees and/or subcontractors and solely for the purposes of this
indemnification and defense, the CONTRACTOR specifically waives any immunity under the
State Industrial Insurance Law, Title 51 Revised Code of Washington.
GCB2157 Page 4 of 16
D. In the event either the CONTRACTOR or WSDOT incurs attorney's fees, costs or other
legal expenses to enforce the provisions of this section of this AGREEMENT against the
other PARTY, all such fees, costs and expenses shall be recoverable by the prevailing
PARTY.
Section 12
Disputes
A. If the PARTIES cannot resolve by mutual agreement, a dispute arising from the
performance of this AGREEMENT the CONTRACTOR may submit a written detailed
description of the dispute to the WSDOT Public Transportation Division's Statewide
Transportation Demand Management Programs Manager or the WSDOT Public Transportation
Statewide Transportation Demand Management Programs Manager's designee who will issue a
written decision within ten calendar (10) days of receipt of the written description of the dispute.
This decision shall be final and conclusive unless within ten (10) days from the date of
CONTRACTOR's receipt of WSDOT's written decision, the CONTRACTOR mails or
otherwise furnishes a written appeal to the Director of the WSDOT Public Transportation
Division or the Director's designee. In connection with any such appeal the CONTRACTOR
shall be afforded an opportunity to offer material in support of its position. The
CONTRACTOR's appeal shall be decided in writing within thirty (30) days of receipt of the
appeal by the Director of the WSDOT 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.
C. Claims for Damages. Should either PARTY to this AGREEMENT suffer injury or
damage to person, property, or right because of any act or omission of the other PARTY or any
of that PARTY' s employees, agents or others for whose acts it is legally liable, a claim for
damages therefore shall be made in writing to such other PARTY within thirty (30) days after the
first observance of such injury or damage.
D. Rights and Remedies. All remedies provided in this AGREEMENT are distinct and
cumulative to any other right or remedy under this document or afforded by law or equity, and
may be exercised independently, concurrently, or successively and shall not be construed to be a
limitation of any duties, obligations, rights and remedies of the PARTIES hereto. No action or
failure to act by the WSDOT or CONTRACTOR shall constitute a waiver of any right or duty
afforded any of them under this AGREEMENT, nor shall any such action or failure to act
constitute an approval of or acquiescence in any breach thereunder, except as may be specifically
agreed in writing.
E. Venue. In the event that either PARTY deems it necessary to institute legal action or
proceedings to enforce any right or obligation under this Agreement, the PARTIES hereto agree
that any such action shall be initiated in the Superior Court of the State of Washington situated in
Thurston County.
Section 13
Termination
Either party, at its sole discretion, may terminate this Agreement in whole; or from time to
time in part, whenever:
1. The other PARTY has breached the contract, and after fourteen (14) days written
notice, has failed to correct the breach; or
GCB2157 Page 5 of 16
2. The requisite state, local, or federal funding is reduced or becomes unavailable
through failure of appropriation or otherwise; or
3. The continuation of the Project would not produce beneficial results commensurate
with the further expenditure of funds; or
4. A request to terminate in whole or in part has been made in writing by the other
PARTY.
If this Agreement is terminated prior to fulfillment of the terms stated herein, the
CONTRACTOR shall be reimbursed only for actual and eligible grant expenses incurred on
the Project prior to the date of termination and as set forth in Section 5, Project
Reimbursement and Payment, and shall not exceed the Total Project Amount as set forth in
the caption header entitled "Project Amount ".
Section 14
Certification Regarding the Restrictions of the
Use of Federal Funds for Lobbying
A. No federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee
of any federal agency, a member of Congress, an officer or employee of Congress, or an
employee of a member of Congress in connection with the awarding of any federal funds
pursuant to a contract, the making of any federal grant, the making of any federal loan, the
entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
B. If any funds other than federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any federal
agency, a member of Congress, an officer or employee of Congress, or an employee of a
member of Congress in connection with this contract, a grant, loan, or cooperative agreement,
the undersigned shall complete and submit the Standard Form - LLL, "Disclosure Form to
Report Lobbying," in accordance with its instructions.
C. The undersigned shall require that the language of this certification be included in the
award documents for all sub - awards at all tiers (including sub -grants, and contracts and
subcontracts under grants, sub - grants, loans, and cooperative agreements) which exceed
$100,000, and that all such sub - recipients shall certify and disclose accordingly. This
certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification as a prerequisite for
making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any
person who fails to file the required certification shall be subject to a civil penalty of not less
than $10,000 and not more than $100,000 for each such failure.
Section 15
Compliance with Laws and Regulations
Each PARTY agrees to abide by all applicable state, local, and federal laws and regulations,
including but not limited to those concerning employment, equal opportunity employment,
nondiscrimination assurances, project record keeping necessary to evidence Agreement
compliance, and retention of all such records. The CONTRACTOR will adhere to all of the
nondiscrimination provisions in Chapter 49.60 RCW.
GCB2157 Page 6 of 16
Section 16
Nondiscrimination Provision
No liability shall attach to the State or Federal Government except as expressly provided
herein.
The CONTRACTOR shall not discriminate on the base of race, color, national origin, or sex
in the award and performance of any USDOT- assisted contract and/or agreement or in the
administration of its DBE program or the requirements of 49 CFR Part 26. The
CONTRACTOR shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure
nondiscrimination in the award and administration of USDOT- assisted contracts and
agreements. The WSDOT's DBE program as required by 49 CFR Part 26 as approved by
USDOT, is incorporated by reference in this agreement. Implementation of this program is a
legal obligation and failure to carry out its terms shall be treated as a violation of this
agreement. Upon notification to the CONTRACTOR of its failure to carry out its approved
program, WSDOT may impose sanctions as provided for under Part 26 and may in
appropriate cases refer the matters for enforcement under 18 U.S.C. 1001 and/or the Program
Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.).
The CONTRACTOR agrees that it will be bound by the above equal opportunity clause with
respect to its own employment practices when it participates in federally assisted work.
Section 17
Suspension and Debarment
The CONTRACTOR agrees to comply, and assures the compliance of each sub - recipient, lessee,
third -party contractor, or other participant at any tier of the project, with the requirements of
Executive Orders Numbers 12549 and 12689, "Debarment and Suspension, "31 USC § 6101
note, and U.S. DOT regulations, "Non- procurement Suspension and Debarment" 2 CFR Part
1200, which adopts and supplements the provisions of U.S. Office of Management and Budget
(U.S. OMB) "Guidelines to Agencies on Government -wide Debarment and Suspension (Non -
procurement)," 2 CFR Part 180. The CONTRACTOR agrees to, and assures that its sub -
recipients, lessees, third -party contractors, and other participants at any tier of the Project will,
search the Excluded Parties Listing System records at www.sam.gov before entering into any
sub - agreement, lease, third -party contract, or other arrangement in connection with the Project,
and will include a similar term or condition in each of its lower -tier covered transactions.
Section 18
Forbearance by WSDOT Not a Waiver
Any forbearance by WSDOT in exercising any right or remedy hereunder, or otherwise afforded
by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy.
Section 19
Waiver
In no event shall any WSDOT payment of grant funds to the CONTRACTOR constitute or be
construed as a waiver by WSDOT of any CONTRACTOR breach, or default, and shall in no
way impair or prejudice any right or remedy available to WSDOT with respect to any breach or
default. In no event shall acceptance of any WSDOT payment of grant funds by the
CONTRACTOR constitute or be construed as a waiver by CONTRACTOR of any WSDOT
breach, or default which shall in no way impair or prejudice any right or remedy available to
CONTRACTOR with respect to any breach or default.
GCB2157 Page 7 of 16
Section 20
WSDOT Advice
The CONTRACTOR bears complete responsibility for the administration and success of the
work as it is defined in this AGREEMENT and any amendments thereto. Although the
CONTRACTOR may seek the advice of WSDOT, the offering of WSDOT advice shall not
modify the CONTRACTOR's rights and obligations under this AGREEMENT and WSDOT
shall not be held liable for any advice offered to the CONTRACTOR.
Section 21
Governing Law, Venue, and Process
This AGREEMENT shall be construed and enforced in accordance with, and the validity and
performance thereof shall be governed by the laws of the State of Washington. In the event that
either PARTY deems it necessary to institute legal action or proceedings to enforce any right or
obligation under this AGREEMENT, the PARTIES hereto agree that any such action shall be
initiated in the Superior Court of the State of Washington situated in Thurston County.
Section 22
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 23
Counterparts
This AGREEMENT may be executed in several counterparts, each of which shall be deemed to
be an original having identical legal effect. The CONTRACTOR does hereby ratify and adopt
all statements, representations, warranties, covenants, and agreements and their supporting
materials contained and/or mentioned in such executed counterpart, and does hereby accept State
Funds and agrees to all of the terms and conditions thereof.
Section 24
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 25
Binding Agreement
The undersigned acknowledges that they are authorized to execute the AGREEMENT and bind
their respective agency(ies) and/or entitity(ies) to the obligations set forth herein.
GCB2I57 Page 8 of 16
IN WITNESS WHEREOF, the PARTIES hereto have executed this AGREEMENT the day and
year last signed below.
WASHINGTON STATE
DEPARTMENT OF TRANSP
By
Brian Lager erg
Director, Public Transportation Prin
)4
RTATION
CONTRACTOR
By:
Date IqIG /y
Approved as to form:
By: Susan Cruise
Assistant Attorney General
Date: July 1, 2015
Title: r112
Who certifi proper authority to execute this
AGREEMENT on behalf of the
CONTRACTOR
GCB2157 Page 9 of 16
EXHIBIT 1
Project Scope of Work
Commute Trip Reduction (CTR)
1. Scope of Work
A. Administrative Work Plan
The CONTRACTOR agrees to submit to WSDOT an administrative work plan by the end of
the first quarter of this agreement or when the CONTRACTOR submits its first invoice,
whichever is sooner. The administrative work plan will include the following elements:
1. The work plan shall identify the deliverables, schedule, expected outcomes,
performance measures and the budget specific to strategies associated with this
AGREEMENT and other strategies as defined in the approved and locally
adopted CTR or GTEC plans. These plans may include, but are not limited to,
recruiting new employer worksites, reviewing employer programs, administering
surveys, reviewing program exemption requests, providing employer training,
providing incentives, performing promotion and marketing, and providing
emergency ride home and other commuter services.
2. The administrative work plan budget shall identify how the CONTRACTOR will
use the state funds provided in this AGREEMENT for each task. The work plan
shall also provide an estimate of the other financial resources not provided in this
AGREEMENT that will be used to complete each task.
3. The administrative work plan must be approved in writing by the WSDOT Project
Manager, and shall be incorporated as a written amendment to the
AGREEMENT. The administrative work plan may be amended based on mutual
written agreement between the WSDOT Project Manager and the
CONTRACTOR and shall be incorporated as a written amendment to this
AGREEMENT.
B. Work to be Performed
The county or city, whichever applies, has enacted or will enact a Commute Trip Reduction
(CTR) ordinance in compliance with RCW 70.94.521 through RCW 70.94.555. The
CONTRACTOR agrees to implement a CTR program based on the approved administrative
work plan and the draft or adopted local CTR plan and to comply with all provisions of the
applicable county or city ordinance.
C. Use of State Funds for Incentives
The CONTRACTOR agrees to use State funds provided as part of this AGREEMENT in
accordance with incentives guidance to be provided by WSDOT.
D. Quarterly Progress Reports and Invoices
The CONTRACTOR agrees to submit to WSDOT complete quarterly progress reports, as
specified by WSDOT in Section 7 — Progress Reports of the AGREEMENT, in Exhibit 2,
"Project Progress Report", and as integrated with the deliverables identified in the
administrative work plan, along with all invoices in accordance with Section 5 —
Reimbursement and Payment of the AGREEMENT. All invoices shall be complete and
GCB2157 Page 10 of 16
accurately reflect actual State funded expenditures. Only those activities identified in the
CONTRACTOR'S approved administrative work plan will be reimbursed by WSDOT.
E. Final Progress Report
The CONTRACTOR agrees to submit to WSDOT a final progress report, a template of
which is attached hereto as Exhibit 4, "Final Project Progress Report," to replace the last
quarterly progress report in the period of the AGREEMENT. The final progress report shall
provide an estimate of the other financial resources not provided in this AGREEMENT that
were used to complete each task and shall provide a list of the funds provided in this
AGREEMENT that were disbursed by the CONTRACTOR to its eligible contracting
partner(s).
F. Funding Distribution
The CONTRACTOR may distribute funds to local jurisdictions to include counties, cities,
transit agencies, Transportation Management Associations, and Metropolitan Planning
Organizations or other eligible organizations authorized to enter into agreements for the
purposes of implementing CTR and/or GTEC, plans as applicable, and ordinances as
authorized by RCW 70.94.527(5) and RCW 70.94.544.
G. Implementation Plans
The CONTRACTOR shall incorporate appropriate sections of the Project Scope of Work and
incentives guidance, as well as the approved administrative work plan, in all agreements with
eligible contracting partner(s), as necessary, to coordinate the development, implementation,
and administration of such CTR and/or GTEC plans, and compliance with applicable
ordinances.
H. Appeals and Modifications
The CONTRACTOR shall maintain an appeals process consistent with the Administrative
Procedures section contained in the CTR Guidelines which may be obtained from WSDOT
or found at http:// www. wsdot .wa.gov /Transit/CTR/law.htm.
I. Coordination with Regional Transportation Planning Organizations (RTPO)
The CONTRACTOR shall coordinate the development and implementation of its CTR
and/or GTEC plan and programs with the applicable regional transportation planning
organization (RTPO). The CONTRACTOR agrees to notify the RTPO of any substantial
changes to its plans and programs that could impact the success of the regional CTR plan.
The CONTRACTOR agrees to provide information about the progress of its CTR and/or
GTEC plan and programs to the RTPO upon request.
J. Survey Coordination
The CONTRACTOR agrees to coordinate with WSDOT and its contracting partners for
commute trip reduction employer surveys.
K. Planning Data
The CONTRACTOR agrees to provide WSDOT with the program goals established for
newly affected worksites when they are established by the local jurisdiction. The
CONTRACTOR agrees to provide WSDOT with updated program goals for affected
worksites and jurisdictions as requested. These updates shall be submitted electronically in a
format specified by WSDOT.
GCB2157 Page 11 of 16
L. Database Updates
The CONTRACTOR agrees to provide WSDOT and the CONTRACTOR's contracting
partners with updated lists of affected or participating worksites, employee transportation
coordinators, and jurisdiction contacts, as requested. These updates will be submitted in a
format specified by WSDOT.
GCB2157 Page 12 of 16
EXHIBIT 2
Project Progress Report
Commute Trip Reduction (CTR) Quarterly Project Report
Reporting quarter:
Date:
Organization:
Agreement number:
Biennial
targets
Estimate of drive -alone trips to reduce to meet goal:
Key
deliverables:
from
administrative
work plan)
•
Completed activities this quarter
•
Planned activities for next quarter
•
Describe issues, risks or challenges and resolutions
•
Estimated expenditures of state funds for this quarter
•
GCB2157 Page 13 of 16
�!` Washington State
Tar Department of Transportation
Exhibit 3
Invoice Voucher
MINORITY BUSINESSES
MARK BOX(ES� IF APPROPRIATE
M If��1 %
w %
E
VENDOR OR CLAIMANT (WARRANT TO BE PAYABLE TO)
agency
address
city, state ZIP
contact name Phone # email
VENDORS CERTIFICATE. 1 here by certify under penalty of perjury that the items and
total listed herein are proper charges for materials, merchandise or services fumished to
the State of Washington, and that all goods fumished and / or services rendered have
been provided without discrimination on the grounds of race, creed, color, national origin,
sex or age.
BY (SIGNATURES IN INK)
FEDERAL I.D. NUMBER OR SOCIAL SECURYTY NUMBER 00- 0000000
(FOR REPORTINGPERSONAL SVCS. CONTRACT PAYMENT TO IRS)
TITLE
DATE
INSTRUCTIONS TO VENDOR OR CLAIMANT: Show complete detail for each item below.
TDM Implementation /Administration and Employer Support
Guaranteed Ride Home
Employer Trainings /Networking
JO
DESCRIPTION
Transportation Demand Management Implementation
(TDM)
BILLING PERIOD
ACCOUNTING CLASSIFICATION
rUN7
SUB
OBJ''
IRG.?.NU
1P0000-00
0723
NZ13
631020
TOTAL-+
SIGNATURE OF APPROVING AUTHORITY
DATE
RECEIVING VERIFICATION
(SIGNATURE)
DATE RECEIVED
CHECKED AND APPROVED FOR PROCESSING BY DATE
WARRANT NUMBER
VOUCHER NUMBER
GCB2157
Page 14 of 16
EXHIBIT 4
Final Project Progress Report
Commute Trip Reduction (CTR) Final Project Report
Biennium:
2015 -2017
Date:
Outcomes
met?
Organization:
Agreement number:
GCB
Biennial
targets
Estimate of drive -alone trips to reduce to meet goal:
•
Deliverables:
(from
administrative
work plan)
•
Describe your progress on each of your deliverables this biennium.
•
Did you meet your targets for this biennium? Why or why not?
What were your major successes this biennium? How did they help you make
progress toward the goals in your jurisdiction's CTR plan(s)?
•
What were your major challenges this biennium? How did they hinder your
progress toward the goals in your jurisdiction's CTR plan(s)?
•
How do you measure the performance of your strategies?
•
What did you learn this biennium?
•
What would help you be more successful in the future? Please be specific (If it's
more resources, how much and what would they be for, etc.).
•
For each of the strategies in your administrative work plan, describe your
expected outcomes, whether you met those outcomes, and why or why not.
Strategy
Expected
outcomes
Performance
measures
Outcomes
met?
Why or why not?
GCB2157
Page 15 of 16
If your organization used other financial resources besides state CTR funds to
implement the activities in your administrative work plan for this agreement,
please provide the information below.
Source of local funds
Estimated funds spent
this agreement
How the funds were
used
Total local funds:
If your organization disbursed any state CTR funds to other organizations to
implement the activities in your administrative work plan for this agreement,
please list the total amount disbursed for the biennium below.
Organization
Total disbursed this
agreement
Purpose of disbursal
Total disbursement:
GCB2157 Page 16 of 16