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HomeMy WebLinkAboutPW15-339 - Original - Washington State Department of Transportation (WSDOT) - Contract - 7/1/15 �c ® Ric® rs 1V1 eme �_ KENT "_�� Document Wq SHIn GTON - CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: Washington State Department of Transportation (WSDOT) Vendor Number: JD Edwards Number Contract Number: `s`\f This is assigned by City Clerk's Office Project Name: Grant WSDOT & City of Kent for Transportation Demand Management Implementation Agreement for CTR Grant Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ❑ Contract ® Other: Agreement Contract Effective Date: 7/1/2015 Termination Date: 6/30/2017 Contract Renewal Notice (Days): N/A Number of days required notice for termination or renewal or amendment Contract Manager: Kathy Hardy Department: PWSpecial Projects/ Transportation Detail (i.e. address, location, parcel number, tax id, etc. Commute Trip Reduction Coordinator Implementation Agreement 2015-2017. S:Public\RecordsManagement\Forms\ContractCover\adcc7832 1 11/88 Washington State Transportation Building wW310 Maple Park Avenue S.E. Department of Transportation P.O.Box 47800 Olympia,WA 98504-7300 Lynn Peterson 360-705-7000 l Secretary of Transportation TTY: 1-800-833-6388 www.wsdot.wa.gov September 14, 2015 City of Kent Attn: Kathy Hardy 220 4th Ave S. Kent,WA 99032 Subject: 2015-2017 Federal/State Transportation Demand Management Implementation—Agreement GCB2161 Dear Ms. Hardy, Fnclosed is a completely executed original Agreement GC132161, 2015-2017 Federal/State Transportation Demand Management Implementation. These funds are to provide funding assistance for TDM implementation and activities. You will receive by email your personalized reimbursement request and required quarterly progress report forms. To receive payment, please e-mail your completed forms to PTDinvoices@wsdot.vva.gov and cc Kathy Johnston. If you have any questions or need technical assistance, you may contact Kathy Johnston at 360-705-7925. We look forward to working with you during the course of your project. Sincerely, Don Chartock,Project Delivery Manager Public Transportation Division DC: at Enclosures i Federal/State Transportation Demand Management Implementation Agreement Washington State Department of Contractor Transportation City of Dent 310 Maple Park Avenue SE 220 4th Ave S PO Box 47387 Kent, WA 98032 Olympia, WA 98504-7387 Federal ID #: 91-6001254 Contact Person: KathyJohnston 360-705-7845 Contact Person: KathyHard 253-856-5583 Project Costs: Scope of Project: Carry out the State Funds $106,007 Project as described in Exhibit 1, Project Contractor Funds $0 Scope of Work Total Project Cost $106,007 Agreement Number: GCB2161 Term of Project: Service Area: Kent July 1, 2015 through June 30, 2017 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("Strategics"); 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 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 GCB2161 Page I of 16 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. i 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 malting that determination. Section 5 Reimbursement and Payment A. Payment will be made with State Funds by WSDOT on a reimbursable basis for actual costs and expenditures incurred, while performing eligible direct and related indirect Project work during the Project period. Payment is subject to the submission to and approval by WSDOT of properly prepared invoices that substantiate the costs and expenses submitted by CONTRACTOR for reimbursement. Failure to send in progress reports and financial information as required in Section 7 — Progress Reports may delay payment. The CONTRACTOR must submit an invoice using either State of Washington Form A-19 (Invoice Voucher), a copy of which is attached hereto as Exhibit 3 and by this reference incorporated into this AGREEMENT or a format approved by WSDOT. Such invoices may be submitted no more than once per month and no less than once per year, during the course of this AGREEMENT. If GCB2161 Page 2 of 16 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. GCB2161 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 finding by the funding source augments the CONTRACTOR's allocation of funding under this AGREEMENT, the CONTRACTOR and WSDOT agree to enter into an amendment to this AGREEMENT, providing for an appropriate change in the Scope of Project and/or the Project Cost in order to reflect any such increase in funding. C. If a reduction of funding by the funding source reduces the CONTRACTOR's allocation of finding 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. 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 GCB2161 Page 4 of 16 r 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 AGRFFMENT suffer injury or damage to person, properly, 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 j 2. The requisite state, local, or federal funding is reduced or becomes unavailable through failure of appropriation or otherwise; or I GCB2161 Page 5 of 16 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 malting of any federal grant, the malting 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 fiords 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 malting 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. GCB2161 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 CPR 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. Iinplementation 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 Pail 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-patty contract, or other arrangement in connection with the Project, and will include a similar term or condition in each of its lower-der 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. GCB2161 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. I 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. IN WITNESS WHEREOF, the PARTIES hereto have executed this AGREEMENT the day and year last signed below. GCB2161 Page 8 of 16 I WASHINGTON STATE CONTRACTOR DEPARTMENT OF TRANSPORTATION -` By: By: Brian alter erg Director, Public Transportation Print Narhek is '`-er kr�o C n k—( Title: Who certifies proper authority to execute this AGREEMENT on behalf of the CONTRACTOR Date: £` !:s' . 1 Date: "ftc J Approved as to form: By: Susan Cruise Assistant Attorney General Date: July 1, 2015 GCB2161 Page 9 of 16 I 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 GCB2161 Page 10 of 16 4 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, 'Tinal 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 or 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 httu://www.wsdot.wa.gov/Transit/CTR/law.htm. 1. 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. GCB2161 Page 11 of 16 i 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. GCB2161 Page 12 of 16 I EXHIBIT 2 Project Progress Report Commute Trip Reduction (CTR) Quarterly Project Report Reporting quarter: Date: Organization: Agreement number: Biennial Estimate of drive-alone trips to reduce to meet goal: targets I{ey • deliverables: (from administrative workplan) Com leted activities this uarter Planned activities for next quarter • Describe issues, risks or challenges and resolutions Estimated expenditures of state funds for this quarter I GCB2161 Page 13 of 16 Exhibit 3 MINORITY BUSINESSES MARK BOXES) IF APPROPRIATE AIIIIIIIII M % Washington State Voucher Department of Transportation Invoice Voucher W % E VENDOR OR CLAIMANT(WARRANT TO BE PAYABLE TO) VENDOR'S CERTIFICATE.I here by certify under penalty of perjury,that the Items and total listed herein are proper charges for materials,merchandise or services furnished to agency the Slate of Washington,and that all goods furnished and f or services rendered have Y been provided without discrimination rn the grounds of race,creed,color,national origin, '.. address sex or age. City, state ZIP BY(SIGNATURES IN INK) contact name Phone# email FEDERALID.NUMBER OR SOCIAL SECURYTY NUMBER 00-0000000 TITLE DATE (FOR REPORT)NGPERSONAL SVCS.CONTRACT PAYMENT TO IRS) INSTRUCTIONS • VENDOR OR CURRENT EXPENDITURES DATE DESCRIPTION EXPENDITURES TO DATE TDM Implementation/Administration and Employer Support Guaranteed Ride Home Employer Trainings/Networking AGREEMEN INVOICE T DESCRIPTION BILLING PERIOD XXXX Transportation Demand Management Implementation (TDM) ACCOUNTING CLASSIFICATION ACC ODINT CONTROL SECTION :FEDERAL - SUB .EQUIPMENT NUMBER NON-PARTICIPATING JOB NUMBER WORKOP OJB. OBJ ORG..NUMBER 'ORDER NUMBER NET AMOUNT 1P0000-00 0723 NZ13 631020 TOTAL SIGNATURE OF APPROVING AUTHORITY DATE RECEIVING VERIFICATION DATE RECEIVED (SIGNATURE) CHECKED AND APPROVED FOR PROCESSING BY DATE WARRANT NUMBER VOUCHER NUMBER GCB2161 Page 14 of 16 it i EXHIBIT 4 Final Project Progress Report Commute Trip Reduction (CTR) Final Project Report Biennium: 2015-2017 Date: Organization: Agreement number: GCB Biennial Estimate of drive-alone trips to reduce to meet goal: targets Deliverables: (from administrative workplan) 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 yourjurisdiction's CTR pian(s)? What were your major challenges this biennium? How did they hinder your progress toward the goals in yourjurisdiction'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 Performance Outcomes Why or why not? outcomes measures met? GCB2161 Page 15 of 16 i If your organization used other financial resources besides state CTR funds to implement the activities in your administrative work plan for this agreement, please provide the information below. Source of local funds Estimated funds spent How the funds were this agreement used Total local funds: If your organization disbursed any state CTR funds to other organizations to implement the activities in your administrative work plan for this agreement, please list the total amount disbursed for the biennium below. Organization Total disbursed this Purpose of disbursal agreement Total disbursement: i I GCB2161 Page 16 of 16