HomeMy WebLinkAboutCity Council Committees - Public Works/Planning - 08/17/2009Public Works Committee Agenda
Councilmembers: Ron HarmonLes ThomasDebbie Raplee, Chair
Unless otherwise noted, the Public Works Committee meets at 4:00 p.m. on the 1st & 3rd Mondays of each
month.
Council Chambers East, Kent City Hall, 220 4th Avenue South, Kent, 98032-5895.
For information please contact Public Works Administration (253) 856-5500.
Any person requiring a disability accommodation should contact the City Clerk’s Office at
(253) 856-5725 in advance.
For TDD relay service call the Washington Telecommunications Relay Service at 1-800-833-6388.
U:\PWCommittee\Agendas\2009\Aug 17 09.doc
August 17, 2009
4:00 p.m.
PUBLIC WORKS COMMITTEE MEETING
NOTE NEW MEETING TIME
Item Description Action Speaker Time Page
01. Approval of Minutes Dated August 3, 2009 YES NONE 03 01
02. “Best Workplace for Recycling and Waste
Reduction” Designation NO Gina Hungerford 05 03
03. Consultant Services Agreement/Solid Waste
Recycling, Yard Waste & Food Waste Tim LaPorte/
Contract Request for Proposals (RFP) YES Mike Mactutis 10 11
04. Contract w/GeoEngineers - South 259th
Street Raising YES Mike Mactutis 05 13
05. Commute Trip Reduction Funding Agreement YES Monica Whitman 03 19
06. Transit Update NO Monica Whitman 10 33
07. Street Vegetation Report NO Bill Thomas 10 35
08. Update/Operations 2009 2nd Quarter Status NO Don Millett 10 43
09. Local Purchasing Preference Ordinance YES Tom Brubaker 10 45
10. Information Only/Puget Sound Strategic
Freight Corridor Grant Applications NO Tim LaPorte 10 47
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PUBLIC WORKS COMMITTEE MINUTES
Monday, August 3, 2009
COMMITTEE MEMBERS PRESENT: Councilmember Debbie Raplee filled in for
Committee Chair Deborah Ranniger; who had an excused absence; Ron Harmon was
present. The meeting was called to order at 4:40p.m.
Debbie Raplee stated that she had Deborah Ranniger’s Concurrence on all items.
Item 2 - It was decided that this item will be an information only item and will not
require a motion at this time.
Item 7 - Was removed from the agenda until next week.
ITEM 1 – Approval of Minutes Dated July 20, 2009:
Committee Member Harmon moved to approve the minutes of July 20, 2009.
The motion was seconded by Raplee and passes 3-0, with Ranniger’s
concurrence.
ITEM 2 – Consultant Services Agreement/Solid Waste, Recycling, Yard &
Food Waste Contract Request for Proposal:
Public Works Director, Larry Blanchard stated that this item will not be voted on
tonight, it will be heard as information only. The solid waste and recycling contract
is set to expire soon. The City has issued a Request for Proposals (RFP) to provide
solid waste, recycling and yard and food waste collection services in the City,
including several alternatives for council consideration. Professional legal and
economist assistance is needed to ensure solid waste utility customers and the City
receives the best possible contract which includes keeping rates as low as possible.
A selection committee for garbage service is forming; blending local businesses and
community members. The committee will review the RFP’s and make a
recommendation to the Public Works Committee and the Mayor.
If you are interested in participating on the selection committee contact Gina
Hungerford, via e-mail at ghungerford@ci.kent.wa.us at (253) 856-5549, or Kelly
Peterson at kpeterson@ci.kent.wa.us/ (253) 856-5547, for additional information.
Information Only/No motion required at this time
ITEM 3 – Green River Levee Flood Protection Amendment to Purchase of
Flood Protection Structures:
Public Works Director, Larry Blanchard introduced Environmental Engineering
Supervisor, Alex Murillo summarized that the Howard Hanson Dam controls the
storm water runoff from the Upper Green River Watershed, an area 220 square miles
in size, and protect the valley area of the City of Kent through its control of the flows
in the Green River. During the storm event in January, 2009, there was excessive
seepage though the right abutment on the dam. The Corps of Engineers are working
to determine the path of that seepage. It is believed that the dam will not be able to
operate at full capacity.
The bond sale that was recommended for approval by the Public Works Committee,
$1,500,000.00 of the bond money is to be used for temporary flood protection from
the Green River. In order to begin purchasing the large quantities of flood protection
materials needed along the Green River Levees this winter, the Public Works
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PUBLIC WORKS COMMITTEE MINUTES
Monday, August 3, 2009
Department requested to begin purchasing water-filled flood protection structures in
advance of the bond funding being available in City accounts.
Structural and hydraulic analysis on the levee is currently being done to see if it will
hold the structures. Once the information comes back from the hydrologist we will
figure out where to place the devices.
Harmon thanked staff for being pre-active and for looking for local vendors.
Harmon move to amend July 7, 2009, authorization for the Public Works
Director to execute a contract to purchase water-filled flood protection
structures to be used to protect the City of Kent from flood threats up to a
maximum of $1,500.000.00 to allow for purchase of other types of flood
protection structures, and all necessary equipment and contracts to install
and protect said structures. The motion was seconded by Raplee and
passed 3-0, with Ranniger’s concurrence.
ITEM 4 – Update/Street Grant Project:
Deputy Public Works Director, Tim LaPorte gave an informational PowerPoint
presentation showing various projects and the funding gap for each.
Information Only No Motion Required
ITEM 5 – Update/Residential Traffic Calming:
Engineering Design Supervisor, Chad Bieren gave an informational PowerPoint
presentation highlighting what we have been up to in the past few months in regards
to Residential Traffic Calming.
Information Only No Motion Required
ITEM 6 – Update/Safe Walking Routes to School:
Engineering Design Supervisor, Chad Bieren gave a brief history of the Grant that
the Police Department was able to secure for Safe Walking Routes to School.
Highways and Local Programs accepted a new scope of work to substitute an asphalt
5’ path instead of sidewalk, curb and gutter. The project schedule depends on final
environmental approvals from WSDOT. We hope to begin construction this fall or
next spring.
Information Only No Motion Required
ITEM 7 – Update/Operations 2009 2nd Quarter Status:
This item was removed from the agenda until August 17, 2009.
Adjourned:
The meeting was adjourned at 5:38 p.m.
Next Scheduled Meeting:
Monday, August 17, 2009 at 4:00 p.m.
Cheryl Viseth, Public Works Committee Secretary
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PUBLIC WORKS DEPARTMENT PUBLIC WORKS DEPARTMENT
Larry R. Blanchard, Public Works Director Larry R. Blanchard, Public Works Director
Phone: 253-856-5500 Phone: 253-856-5500
Fax: 253-856-6500 Fax: 253-856-6500
Address: 220 Fourth Avenue S. Address: 220 Fourth Avenue S.
Kent, WA 98032-5895 Kent, WA 98032-5895
Date: August 7, 2009 Date: August 7, 2009
To: Chair Debbie Raplee and Public Works Committee Members To: Chair Debbie Raplee and Public Works Committee Members
PW Committee Meeting Date: August 17, 2009 PW Committee Meeting Date: August 17, 2009
From: Gina Hungerford, Conservation Coordinator From: Gina Hungerford, Conservation Coordinator
Through: Larry Blanchard, Public Works Director Through: Larry Blanchard, Public Works Director
Michael Mactutis, Environmental Engineering Manager and
Kelly Peterson, Environmental Conservation Supervisor
Michael Mactutis, Environmental Engineering Manager and
Kelly Peterson, Environmental Conservation Supervisor
Subject: “Best Workplace for Recycling and Waste Reduction” Designation Subject: “Best Workplace for Recycling and Waste Reduction” Designation
Motion: No motion required information only.
Summary: Summary:
The City of Kent was recognized as a King County “Best Workplace for Recycling and
Waste Reduction”. The designation is reserved for agencies participating in a minimum
of 16 recycling activities listed on the application. The City of Kent actively participates
in 21 activities.
The City of Kent was recognized as a King County “Best Workplace for Recycling and
Waste Reduction”. The designation is reserved for agencies participating in a minimum
of 16 recycling activities listed on the application. The City of Kent actively participates
in 21 activities.
As an avid promoter of recycling and waste reduction in the community we sought the
designation to let our residents know that we are”walking the talk” by reducing costs
and helping to extend the life of our area’s last remaining landfill.
As an avid promoter of recycling and waste reduction in the community we sought the
designation to let our residents know that we are”walking the talk” by reducing costs
and helping to extend the life of our area’s last remaining landfill.
Also, on the list of recipients is: Applus Technologies a provider of vehicle emission
inspections for the State of Washington, with headquarters in Kent.
Also, on the list of recipients is: Applus Technologies a provider of vehicle emission
inspections for the State of Washington, with headquarters in Kent.
Budget Impact: Budget Impact:
None None
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PUBLIC WORKS DEPARTMENT
Larry R. Blanchard, Public Works Director
Phone: 253-856-5500
Fax: 253-856-6500
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
Date: August 7, 2009
To: Chair Debbie Raplee and Public Works Committee Members
PW Committee Meeting Date: August 17, 2009
From: Tim LaPorte, Deputy Public Works Director
Through: Larry Blanchard, Public Works Director
Subject: Consultant Services Agreement/Solid Waste, Recycling, Yard
& Food Waste Contract Request for Proposal
Motion:
Move to recommend Council authorize the Mayor to sign necessary
consultant agreements related to the Garbage, Recycling, Yard & Food
Waste Collection Disposal / Marketing totaling $100,000 or less, upon
concurrence of the language therein by the City Attorney and Public
Works Director.
Summary:
The current solid waste and recycling contract is set to expire on March 31, 2011. The City has
issued a Request for Proposals (RFP) to provide solid waste, recycling and yard & food waste
collection services in the City, including several alternatives for council consideration. It is
anticipated to be a 7-year contract with two 2-year extensions possible at the sole discretion of the
City. The potential gross value of the contract could make this the largest contract ever in the City
of Kent. Currently 0.5 FTEs are dedicated to the solid waste and recycling program, though
additional full time and temporary staff are working on the RFP process and administration of the
program. Professional assistance is needed to ensure solid waste utility customers and the City
receives the best possible contract which includes: keeping rates as low as possible; consistency
with regional waste reduction goals; and meeting conservation in environmental sustainability
goals set by council.
The City of Kent is currently advertising a Request for Proposals to serve as the City of Kent Solid
Waste, Recycling and Yard & Food Waste Collection contractor. The City and a selection committee
consisting of citizens, business representatives and community groups will utilize an array of
consultants and services to review proposals and make a recommendation to the City Council.
Following concurrence from City Council, staff may continue to use these consultants in the
negotiation process of the contract. Agreements exceeding $25,000 will be presented to the Public
Works Committee and then to the full City Council for authorization before the Mayor executes the
agreement. The Mayor has the sole authority to execute all agreements that are over $10,000 but
under $25,000. Council authorization is not required.
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PUBLIC WORKS DEPARTMENT PUBLIC WORKS DEPARTMENT
Larry R. Blanchard, Public Works Director Larry R. Blanchard, Public Works Director
Phone: 253-856-5500 Phone: 253-856-5500
Fax: 253-856-6500 Fax: 253-856-6500
Address: 220 Fourth Avenue S. Address: 220 Fourth Avenue S.
Kent, WA 98032-5895 Kent, WA 98032-5895
Date: August 6, 2009 Date: August 6, 2009
To: Chair Debbie Raplee and Public Works Committee Members To: Chair Debbie Raplee and Public Works Committee Members
PW Committee Meeting Date: August 17, 2009 PW Committee Meeting Date: August 17, 2009
From: Mike Mactutis, P.E., Environmental Engineering Manager From: Mike Mactutis, P.E., Environmental Engineering Manager
Through: Larry Blanchard, Public Works Director Through: Larry Blanchard, Public Works Director
Subject: South 259th Street Raising – Contract with GeoEngineers to
Perform Geotechnical Engineering Services for Levee
Certification.
Subject: South 259th Street Raising – Contract with GeoEngineers to
Perform Geotechnical Engineering Services for Levee
Certification.
Motion: Move to recommend authorizing the Mayor to sign a contract with
GeoEngineers to perform geotechnical studies and produce stamped reports
necessary for levee certification for the South 259th Street Raising project,
upon concurrence of the language therein by the City Attorney and the
Public Works Director.
Summary: Summary:
In September 2007, the Federal Emergency Management Agency (FEMA) issued
Preliminary Flood Insurance Rate Maps which indicated much of the Kent Valley was
mapped in the floodplain. In March 2008, King County, the City of Kent, along with
other valley cities filed an appeal to FEMA on the Preliminary Flood Insurance Rate
Maps. The appeal maps showed less area in the floodplain compared to FEMA’s
preliminary maps; however much of the Kent Valley remained in the floodplain.
In September 2007, the Federal Emergency Management Agency (FEMA) issued
Preliminary Flood Insurance Rate Maps which indicated much of the Kent Valley was
mapped in the floodplain. In March 2008, King County, the City of Kent, along with
other valley cities filed an appeal to FEMA on the Preliminary Flood Insurance Rate
Maps. The appeal maps showed less area in the floodplain compared to FEMA’s
preliminary maps; however much of the Kent Valley remained in the floodplain.
The goal of the South 259th Street Raising Project is to improve flood protection in
the valley and remove about one-third of the valley from the FEMA floodplain. The
project will raise South 259th Street an average of 4 feet, from 88th Avenue South
to 3rd Avenue South. By raising South 259th Street, the new road will act as a
secondary levee to the existing levee at Horseshoe Bend. The City will also work to
obtain certification approval from FEMA for this levee. Federal Certification will
enable this project to remove a large portion of the valley from the floodplain.
The goal of the South 259th Street Raising Project is to improve flood protection in
the valley and remove about one-third of the valley from the FEMA floodplain. The
project will raise South 259th Street an average of 4 feet, from 88th Avenue South
to 3rd Avenue South. By raising South 259th Street, the new road will act as a
secondary levee to the existing levee at Horseshoe Bend. The City will also work to
obtain certification approval from FEMA for this levee. Federal Certification will
enable this project to remove a large portion of the valley from the floodplain.
Geotechnical engineering services must be performed and stamped reports must be
submitted to FEMA in order to get Federal Certification. The City’s contract with
GeoEngineers will provide all of the necessary geotechnical studies and reports to
meet requirements for levee certification for this project.
Geotechnical engineering services must be performed and stamped reports must be
submitted to FEMA in order to get Federal Certification. The City’s contract with
GeoEngineers will provide all of the necessary geotechnical studies and reports to
meet requirements for levee certification for this project.
Budget Impact: Budget Impact:
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PUBLIC WORKS DEPARTMENT PUBLIC WORKS DEPARTMENT
Larry R. Blanchard, Public Works Director Larry R. Blanchard, Public Works Director
Phone: 253-856-5500 Phone: 253-856-5500
Fax: 253-856-6500 Fax: 253-856-6500
Address: 220 Fourth Avenue S. Address: 220 Fourth Avenue S.
Kent, WA 98032-5895 Kent, WA 98032-5895
Date: August 5, 2009 Date: August 5, 2009
To: Chair Debbie Raplee and Public Works Committee Members To: Chair Debbie Raplee and Public Works Committee Members
PW Committee Meeting Date: August 17, 2009 PW Committee Meeting Date: August 17, 2009
From: Monica Whitman, Commute Trip Reduction Program Coordinator From: Monica Whitman, Commute Trip Reduction Program Coordinator
Through: Larry Blanchard, Public Works Director Through: Larry Blanchard, Public Works Director
Subject: Citywide Commute Trip Reduction Implementation Agreement Subject: Citywide Commute Trip Reduction Implementation Agreement
Motion: Recommend Council authorize the Mayor to sign the Commute Trip
Reduction Grant implemental Agreement #GCA6247, in the amount of
$ 103,170.00, upon concurrence of the language therein by the City
Attorney and the Public Works Director.
Summary: Summary:
This agreement is between the Washington State Department of Transportation and
the City of Kent. The City is required by State Law to enforce the regulations
specified in RCW 70.94.521. The City is then reimbursed by the State for costs
incurred based on a formula devised by the State Department of Transportation,
Public Transportation Office.
This agreement is between the Washington State Department of Transportation and
the City of Kent. The City is required by State Law to enforce the regulations
specified in RCW 70.94.521. The City is then reimbursed by the State for costs
incurred based on a formula devised by the State Department of Transportation,
Public Transportation Office.
The purpose of this agreement is to allocate two years of funding for the 2009 -2011
project period. This grant pays for our efforts to enforce the state law.
The purpose of this agreement is to allocate two years of funding for the 2009 -2011
project period. This grant pays for our efforts to enforce the state law.
There are currently 35 organizations participating in the program, representing more
than 15,000 employees.
There are currently 35 organizations participating in the program, representing more
than 15,000 employees.
Budget Impact: Budget Impact:
None None
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Page 1 of 11 GCA6247
Commute Trip Reduction
Implementation Agreement
Washington State Department of
Transportation
310 Maple Park Avenue SE
PO Box 47387
Olympia, WA 98504-7387
Contact Person: Kathy Johnston
Contractor
City of Kent
220 Fourth Avenue South
Kent, WA 98032
Federal ID #: 91-6001254
Contact Person: Cathy Mooney
Project Costs: Scope of Project: Carry out the
State Funds $ 103,170 Project as described in Exhibit I, Project
Contractor Funds $ 0 Scope of Work
Total Project Cost $ 103,170
Agreement Number:
GCA6247
Term of Project:
July 1, 2009 through June 30, 2011
Service Area:
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 requirements and
parameters for Commute Trip Reduction programs, including the Growth and
Transportation Efficiency Centers in Washington State;
WHEREAS, the State of Washington in its Sessions Laws of 2009, chapter 470, Section
222(7) and (9), 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 2009-2011 biennial
appropriations to WSDOT; and
WHEREAS the WSDOT Public Transportation Division is responsible for administering
funds on behalf of the state legislature;
NOW, THEREFORE, in consideration of terms, conditions, performances and mutual
covenants herein set forth and the attached Exhibit I, “Project Scope of Work” and
Exhibit II, “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”.
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Page 2 of 11 GCA6247
Section 2
Scope of Work
The CONTRACTOR agrees to perform all designated tasks of the Project under this
AGREEMENT as described in Exhibit I, “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” on 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
“Contractors 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
Payment will be made 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 accompanied by progress reports and financial
summaries as required in Section 7 – Progress Reports. The CONTRACTOR must
submit an invoice using either state form A-19 or a format approved by WSDOT. The
CONTRACTOR may submit invoices, not more than once per month, during the course
of this AGREEMENT. The CONTRACTOR shall submit a final invoice to WSDOT no
later than July 15, 2011. Any invoice received after July 15, 2011 will not be eligible for
reimbursement. Within thirty (30) days after receiving and approving the invoice,
WSDOT shall remit payment to the CONTRACTOR.
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,
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Page 3 of 11 GCA6247
contracts, and payment vouchers evidencing in sufficient detail the nature and propriety
of the costs claimed.
Section 7
Progress Reports
The CONTRACTOR shall submit either monthly or 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 II, “Project Progress Reports” and/or as
provided and modified by WSDOT staff. 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 Records Retention
WSDOT, the State Auditor, and any of their representatives, shall have full access to and
the right to examine, during normal business hours and as often as they deem necessary,
all of the CONTRACTOR’s records with respect to all matters covered by this
AGREEMENT. Such 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, the CONTRACTOR shall retain all documents,
papers, accounting records, and other materials pertaining to this AGREEMENT for six
(6) years from the date of completion of the Project or the Project final payment date.
However, in case of audit or litigation extending past that six (6) years period, then the
CONTRACTOR must retain all records until the audit or litigation is completed. The
CONTRACTOR shall be responsible to assure that it, WSDOT, the State Auditor, and
any of their representatives, retain comparable audit rights with respect to subcontractors
to the CONTRACTOR within the scope of this AGREEMENT.
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 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 reduction of
funding.
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Page 4 of 11 GCA6247
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
Disputes
A. If the PARTIES cannot resolve a dispute arising from the performance of this
AGREEMENT by mutual agreement, the CONTRACTOR may submit a written detailed
description of the dispute to the Public Transportation Division’s Program Manager or
the Program 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 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 Public
Transportation Division or the Director’s designee. The decision shall be binding upon
the CONTRACTOR and the CONTRACTOR shall abide by the decision.
B. Performance During Dispute. Unless otherwise directed by WSDOT, the
CONTRACTOR shall continue performance under this AGREEMENT while matters in
dispute are being resolved.
Section 12
Termination
WSDOT, at its sole discretion, may suspend or terminate this AGREEMENT in whole,
or in part, for the reasons following:
A. The CONTRACTOR materially breaches, or fails to perform any of the requirements
of this AGREEMENT and after fourteen (14) days written notice, has failed to cure the
condition(s) causing that breach. Conditions of breach may include, but are not limited
to:
1. Any action taken by the CONTRACTOR without WSDOT approval, which under
the provisions of this AGREEMENT, required WSDOT approval;
2. Failure to perform in the manner called for under this AGREEMENT; or
3. Failure to comply with any provision of this AGREEMENT;
B. The CONTRACTOR is prevented from proceeding with this AGREEMENT by
reason of a temporary, preliminary, special, or permanent restraining order or injunction
of a court of competent jurisdiction where the issuance of such order or injunction is
primarily caused by the acts or omissions of persons or agencies other than the
CONTRACTOR;
C. The requisite state funding is reduced or becomes unavailable through failure of
appropriation or otherwise;
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Page 5 of 11 GCA6247
D. WSDOT determines that the continuation of the Project would not produce beneficial
results commensurate with the further expenditure of funds;
E. WSDOT, at its sole discretion, determines to accept a request made in writing by the
CONTRACTOR to terminate this AGREEMENT in whole or in part; or
F. WSDOT determines that suspension or termination is in the best interests of the state.
If this AGREEMENT is terminated under subsections B, C, D, E, and/or F of this
Section, the CONTRACTOR may be reimbursed only for actual, eligible direct and
related indirect expenses incurred prior to the date of termination, and then only to the
extent of awarded funds. If this AGREEMENT is terminated under subsection A of this
Section, the WSDOT shall not be obligated to provide any additional reimbursement, and
WSDOT shall retain all rights to seek recapture or damages from the CONTRACTOR.
Section 13
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 14
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.
Section 15
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 16
Limitation of Liability and Indemnification
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 negligent acts or omissions of
the CONTRACTOR, its agents, employees and officers. Provided, however, that nothing
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herein shall require the CONTRACTOR to indemnify and hold harmless or defend the
WSDOT, its agents, employees or officers to the extent that claims are caused by the
negligent acts or omissions of the 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 other PARTY, all such fees, costs and expenses shall be recoverable by the
prevailing PARTY.
Section 17
Governing Law, Venue, and Process
This AGREEMENT shall be construed and enforced in accordance with, and the validity
and performance thereof shall be governed by the laws of the State of Washington. In the
event that either PARTY deems it necessary to institute legal action or proceedings to
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. The CONTRACTOR hereby accepts service of process by
registered mail consistent with RCW 4.28.080(1) or (2) as applicable. Each PARTY
shall bear its own legal costs and expenses, including attorney fees, in any such litigation.
Section 18
Compliance with Laws and Regulations
The CONTRACTOR agrees to abide by all applicable state 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. The CONTRACTOR will also comply with the Americans with Disabilities Act
(ADA), Public Law 101-336, which provides comprehensive civil rights protection to
individuals with disabilities in the areas of employment public accommodations, state
and local government services and telecommunication.
Section 19
Severability
If any covenant or provision of this AGREEMENT shall be adjudged void, such
adjudication shall not affect the validity or obligation of performance of any other
covenant or provision, or part thereof, that in itself is valid if such remainder conforms to
the terms and requirements of applicable law and the intent of this AGREEMENT. No
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controversy concerning any covenant or provision shall delay the performance of any
other covenant or provision except as herein allowed.
Section 20
Counterparts
This AGREEMENT may 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 21
Execution
This AGREEMENT is executed by the Director of the Public Transportation Division,
State of Washington, Department of Transportation or the Director's designee, not as an
individual incurring personal obligation and liability, but solely by, for, and on behalf of
the State of Washington, Department of Transportation, in his/her capacity as Director of
the Public Transportation Division.
IN WITNESS WHEREOF, the PARTIES hereto have executed this AGREEMENT the
day and year last signed below.
WASHINGTON STATE CONTRACTOR
DEPARTMENT OF TRANSPORTATION
By: By:
Kathryn W. Taylor,
Director, Public Transportation Print Name:
Title:
Who certifies proper authority
to execute this AGREEMENT
on behalf of the
CONTRACTOR
Date: Date:
Approved as to form only:
By: ________________________
Susan Cruise
Assistant Attorney General
Date: July 17, 2009
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EXHIBIT 1
Project Scope of Work
Commute Trip Reduction (CTR)
1. Scope of Work
A. Work Plan
The CONTRACTOR agrees to submit to WSDOT a detailed administrative work
plan no later than ninety (90) days after the affected date of this AGREEMENT. The
work plan shall identify deliverables, schedule and the budget specific to tasks
associated with this AGREEMENT and to include, at a minimum, the following
required activities:
1. Notification of Requirements for Newly Affected Worksites
2. Review of Employer Program Reports
3. Administration of Surveys,
4. Review of Program Exemption Requests.
The work plan shall also include other tasks as defined in approved and locally
adopted CTR or GTEC plans for the implementation of the local CTR program.
These may include, but are not limited to, employer training, incentives, promotion
and marketing, and emergency ride home. In addition, the work plan shall identify
specific or overall performance measures for each task and deliverable. This work
plan must be approved in writing by the WSDOT Project Manager and signed by the
CONTRACTOR, and shall be incorporated as a written amendment to the
AGREEMENT. The work plan may be amended based on mutual written agreement
between the WSDOT Project Manager and the CONTRACTOR.
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-.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. Progress Reports and Invoices
The CONTRACTOR agrees to submit to WSDOT quarterly progress reports, as
specified by WSDOT in Section 7 – Progress Reports of the AGREEMENT, in
Exhibit II, “Project Progress Report”, and as integrated with the deliverables
indentified in the administrative work plan, along with all invoices in accordance with
Section 5 – Reimbursement and Payment of the AGREEMENT. The
CONTRACTOR shall accurately and completely report local investments in its
CTR/GTEC plans and programs, as part of its progress reports. All invoices shall be
complete and accurately reflect actual state funded expenditures. The
CONTRACTOR shall include a complete progress report quarterly.
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D. Funding Distribution and Reporting
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/GTEC plans and ordinances as
authorized by RCW 70.94.527(5) and RCW 70.94.544 . The CONTRACTOR shall
submit to WSDOT within 30 days of the execution of any agreement between the
CONTRACTOR and the CONTRACTOR’s eligible contracting partner(s) as listed
above: (a) a list of dollar amounts to be disbursed by the CONTRACTOR to its
eligible contracting partner(s), or (b) a fund dispersion methodology.
E. Implementation Plans
The CONTRACTOR shall incorporate appropriate sections of the Project Scope of
Work, as well as the approved Work Plan, in all agreements with eligible contracting
partner(s), as necessary, to coordinate the development, implementation, and
administration of the CTR/GTEC plans, and compliance with applicable ordinances.
F. Appeals and Modifications
The CONTRACTOR shall maintain an appeals process consistent with this
AGREEMENT and applicable ordinances, and procedures contained in the Commute
Trip Reduction Guidelines which may be obtained from WSDOT or found at
http://www.wsdot.wa.gov/tdm/.
G. Coordination with Regional Transportation Planning Organizations (RTPO)
The CONTRACTOR shall coordinate the development and implementation of its
CTR/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/GTEC plan and programs to the RTPO upon request.
H. Survey Coordination
The CONTRACTOR agrees to coordinate with WSDOT and its contracting partners
for baseline and subsequent program assessment surveys.
I. 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.
J. 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.
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Exhibit II
Progress Report
Commute Trip Reduction (CTR)
Organization Submitting Report:
Reporting Jurisdiction:
Agreement (GCA) Number:
Billing Period:
Contact Information
Name:
Phone:
Fax:
Email:
Executive Summary
Prepare a brief narrative summary of activities during the period for which reimbursement is requested:
Required Activities to Administer the CTR Program
Notification of requirements for newly affected worksites:
Review of employer program reports:
Administration of surveys:
Review of program exemption requests:
Other activities:
Employer Service Activities to implement CTR or GTEC plan
Employer training/networking/support:
Incentives:
Promotion and Marketing:
Emergency Ride Home:
Other work plan deliverables:
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Expenditures This Period
Categories
State CTR
Funds Spent
Since Last
Report
Fiscal Year
To Date State
CTR Funds
Spent
Fiscal Year
(June 30)
Estimate To
Date Local
Funds Spent on
CTR Activities
Fiscal Year
(June 30)
Estimate to
Date Other
Funds Spent on
CTR Activities
Required Activities:
a. Notification of requirements for newly
affected worksites
b. Review of employer program reports
c. Administration of surveys
d. Review of program exemption requests
e. Other activities
Subtotal: $0.00 $0.00 $0.00 $0.00
Employer Service Activities:
a. Employer training/networking/support
b. Incentives
c. Promotion and Marketing
d. Emergency Ride Home
e. Other work plan deliverables
Subtotal: $0.00 $0.00 $0.00 $0.00
Total: $0.00 $0.00 $0.00 $0.00
Source of Local Funds Local Funds Spent (Estimate)
Fiscal Year to Date
Total Reported (Estimate)
Fiscal Year to Date
Total Local Funds: $0.00 $0.00
State CTR Funds Disbursed
If your jurisdiction disbursed any state CTR funds reported above to other organizations or jurisdictions to
implement the CTR program list those disbursements below.
Jurisdiction/Organization Disbursed Since Last Report Total Disbursed Fiscal
Year to Date
Total Disbursement: $0.00 $0.00
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ITEM 6
INFORMATION ONLY
Transit Update
Monica Whitman, Commute Trip Reduction Coordinator
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35
36
37
38
39
40
41
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ITEM 8
UPDATE
INFORMATION ONLY
Operations 2009 2nd Quarter Status
Don Millett, Operations Manager
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ITEM 9
Action Item
Local Purchasing Preference Ordinance
Tom Brubaker, City Attorney
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ITEM 10
INFORMATION ONLY
Puget Sound Strategic Freight Corridor
Grant Application
Tim LaPorte, Deputy Public Works Director
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