HomeMy WebLinkAboutCity Council Committees - Public Works/Planning - 08/03/2015 I
* Public Works Committee Agenda
KENT rsnr'a Councilmembers: Brenda Fincher•Dana Ralph-Dennis Higgins, Chair
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August 3, 2015
4:00 p.m.
Item Description Action Speaker Time Pace
1. Call to Order Chair Higgins 01
2. Roll Call Chair Higgins 01
3. Changes to the Agenda Chair Higgins 01 --
4. Approval of Meeting Minutes Dated YES None 03 03
July 20, 2015
5. Water Resource Inventory Area (WRIA) 8 YES Mike Mactutis 10 07
Interlocal Agreement (ILA)
6. Grant Acceptance for 2015-2017 Commute YES Kathy Hardy 05 51
Trip Reduction Program
7. Contract Amendment to Extend 913 Bus YES Kathy Hardy 10 69
Service for Five Additional Years
8. Information Only/Business & Occupation NO Dave Brock 15 73
Update Bill Thomas
Unless otherwise noted, the Public Works Committee meets at 4:00 p.m. on the 1"& 3rd Mondays of each
month. Council Chambers East, Kent City Hall, 220 4th Avenue South, Kent, 98032-5895.
For information please contact Cheryl Viseth, 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.
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Public Works Committee Minutes 3
July 20, 2015
Item 1 — Call to Order: The meeting was called to order at 4:04 p.m. by Committee Chair,
Dennis Higgins.
Item 2 — Roll Call: Committee members present: Higgins, Ralph and Fincher.
Item 3 — Changes to the Agenda: None
Item 4 — Approval of Meeting Minutes Dated July 6, 2015:
Committee member Fincher MOVED to approve the minutes of July 6, 2015. The
motion was SECONDED by Committee member Ralph and PASSED 3 - 0.
Item 5 —Grandview Apartments Slope Easements and Staging Area License
Agreement:
Chad Bieren, City Engineer noted that permits are currently under review by the City for a 261-
unit apartment complex called Grandview Apartments, located at the northwest corner of
Veterans Drive and Riverview Boulevard. Bieren noted that the property was recently sold by
the City to DevCo, Inc. as surplus property, remaining from the 228th Corridor road project.
Bieren stated that two items are holding up the project. In order to construct the apartment
development on this sloped property, a significant amount of grading is necessary. A small
amount of grading needs to extend onto a separate City-owned property adjacent to and north
of the Grandview site in order to avoid construction of a large unsightly wall. Grandview
Apartments, LLC is requesting a slope easement from the City to allow grading on the City-
owned parcel referenced above, which contains a pedestrian path connecting to the Grandview
Dog Park. The proposed grading will not impact the path, and the Parks Department is aware of
the proposal.
Additionally, Grandview Apartments, LLC has requested a temporary license agreement to use
another City-owned parcel south of Veterans Drive during construction (2 years) for staging of
construction equipment and employee vehicles.
Committee member Ralph noted that she was still not happy about the project but will vote in
favor of this motion.
Committee Member Ralph MOVED to recommend Council authorize the Mayor to
execute all necessary documents to grant a slope easement and temporary license
agreement on city property adjacent to the Grandview Apartments, LLC development
for grading and staging area purposes. The motion was SECONDED by Committee
member Fincher and PASSED 3 — 0.
Item 8 — Water District #111 Service Boundary Change Agreement:
Sean Bauer, Water Superintendent, noted the Kent Water Service Area boundary adjustment
ends just west of the 124th Ave SE/SE 248th Street intersection. There is a housing plat called
On Rainier Pond proposed on the southwest corner of the intersection that requires water
service. Roughly half of the plat is located in the Water District #111 water service area and
the other half is located in the city's service area. There is an existing Kent water main that
runs under SE 248th Street that could economically serve the plat. The On Rainier Pond project
developer, Water District #111 staff and Kent staff agree that adjusting the water service area
and corporate boundary to allow Kent to serve the development makes the most sense.
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Public Works Committee Minutes 4
July 20, 2015
Bauer went on to state that Water District #111 has sized its system to serve the area near the
124th Ave SE/SE 248th Street intersection and has invested in infrastructure to accommodate
growth. Therefore, the District is allowed to collect system development fees.
Committee member Fincher MOVED to recommend Council authorize the Mayor to
sign an agreement with Water District #111 that would adjust the Water Service Area
and Corporate Boundary of the Kent Water Department to include the On Rainier Pond
plat. The motion was SECONDED by Committee member Ralph and PASSED 3 - 0.
Item 7 — Overlay Project Change Order - ICON:
Eric Connor, Construction Manager noted that Joe Araucto spoke before the committee last
week with some great news. Araucto stated that there is more funding available for this project
than originally anticipated. Based on the favorable bid prices received for the 2015 Asphalt
Overlay project, staff recommends Council authorize a change order to include 40th Avenue
South between South 272nd and north of Cambridge Court, and 42nd Avenue South between
Reith Road and South 261st Street. The contractor has agreed to extend its unit bid prices for
this proposed change order, ensuring the price for the proposed work is competitive.
Committee member Ralph MOVED to recommend Council authorize the Mayor to sign
a Construction change order with ICON Materials for $550,000 to provide additional
asphalt work on 40th Avenue South between South 272nd and north of Cambridge
Court, and 42nd Ave South between Reith Road and South 261st Street, subject to
final terms and conditions acceptable to the City Attorney and Public Works Director.
The motion was SECONDED by Committee member Fincher and PASSED 3 - 0.
Item 6 — Information Only/Change Order 401h Ave & 42nd Ave — 2015 Overlay Proiect:
Eric Connor, Construction Manager, noted that starting on the 271h of July, Marshbank
Construction will begin working on the Central Avenue South Pavement Preservation and Utility
Improvement Project. The project is located on Central Avenue South between Willis Street and
the Green River Bridge. Conner noted that the project is federally funded and will provide
pavement rehabilitation between Willis Street and the Green River Bridge. The project will also
include new curb, gutter and sidewalk replacement, upgrading the existing 6" water main to
12", and providing cured-in-place lining of the existing sanitary sewer main.
Connor stated that with over 10 projects anticipated to be under construction this summer and
fall the Construction Engineering section will need additional help to manage all of these
projects. It is necessary to hire a consultant for the Central Avenue project. KBA, Inc. was
selected after interviewing three separate consultants. KBA, Inc. is a Construction Management
firm based in Bellevue that specializes in managing Federally Funded Capital Improvement
Projects in the Puget Sound Region.
Committee member Fincher MOVED to recommend Council authorize the Mayor to
sign a Consultant Services Agreement with KBA Inc. in an amount not to exceed
$600,000 to provide construction management services for the Central Avenue S.
Project, subject to final terms and conditions acceptable to the City Attorney and
Public Works Director. The motion was SECONDED by Committee member Ralph and
PASSED 3 - 0.
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Public Works Committee Minutes 5
July 20, 2015
Item 9 — Information Only/State Transportation Package:
Monica Whitman, Senior Transportation Planner stated that she was here today with some good
news. Whitman then went on to state that on Wednesday, July 15, 2015, Governor Inslee will
be signing into law the State's first comprehensive statewide transportation package in more
than a decade, representing a 16-year, $16.1 billion investment. South King County will
significantly benefit from the long awaited completion of the Puget Sound Gateway Projects (SR
167 and SR 509). The package also includes $15 million to complete the S 228th St/Union
Pacific Railroad grade separation and more than $4.5 million in direct funding to the City over a
16 year period.
Committee members asked for clarification on where the money will be spent. Staff will be
getting back to them with the requested information.
Whitman was personally thanked for her insight into policy, for her hard work and for reporting
back to council on transportation issues. Her service has been invaluable. Whitman's family will
be leaving for Alaska.
Information Only/No Motion Required
Item 10 — Information Only/Water Update:
Sean Bauer, Water Superintendent gave an informative PowerPoint presentation on the status
of Kent's water system.
Information Only/No Motion Required
Item 11 Information Only/Howard Hanson Dam, Fish:
Mike Mactutis, Environmental Engineering Manager gave an informative presentation on the
status on the Howard Hanson Dam and the Fish Passage.
Information Only/No Motion Required
Item 12 — Information Only/1091h Street Channelization:
Joe Araucto, Pavement Management Engineer III, gave a brief PowerPoint presentation
updating the committee on the channelization project on 1091h Avenue SE between SE 2561h
Street and SE 2481h Street.
Information Only/No Motion Required
The meeting was adjourned at 5:29 p.m.
Cheryl Viseth
Council Committee Recorder
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PUBLIC WORKS DEPARTMENT
� Timothy J. LaPorte, P.E. Public Works Director
Phone: 253-856-5500
rEwta Fax: 253-856-6500
Address: 400 West Gowe Street
Kent, WA 98032-5895
Date: July 22, 2015
To: Chair Dennis Higgins and Public Works Committee Members
PW Committee Meeting Date: August 3, 2015
From: Mike Mactutis, P.E., Environmental Engineering Manager
Through: Chad Bieren, P.E., City Engineer
Subject: Water Resource Inventory Area 8 (WRIA 9) Interlocal Agreement
(ILA)
Motion: Move to recommend Council authorize the Mayor to sign an
Interlocal Agreement (ILA) for the Watershed Basins within Water Resource
Inventory Area (WRIA) S.
Summary: In 1999, the federal government listed Puget Sound Chinook salmon as
threatened under the Endangered Species Act. In 2001, concerned about the need to
protect and restore habitat for salmon, 27 cities and King County in WRIA 8 signed an
ILA to jointly create a habitat conservation plan. WRIA 8 includes all of the Lake
Washington Watershed, as well as near shore areas in Seattle. In 2006, the ILA was
updated to reflect implementation of the 2005 WRIA 8 Chinook Habitat Plan and
renewed for a ten year term which expires at the end of 2015.
The local agencies entered into the ILA share interest in and responsibility for
addressing long term watershed planning and conservation and wish to continue
providing for planning and implementation of various activities and projects. The
proposed ILA has been updated to reflect the current goals and purposes of the WRIA 8
ILA parties. Ratification of the ILA would continue the City's support for preservation
and restoration of salmon habitat in the Lake Washington, Cedar and Sammamish River
watershed.
WRIA 8 includes the Cedar River watershed area, of which Rock Creek is a tributary.
The City of Kent's Clark Springs municipal water supply is located in the Rock Creek
subwatershed and, during certain times of the year, provides a majority of the city's
water supply. The City considers the plan when making management decisions in the
Rock Creek watershed, but would not be required through the ILA to implement any
plan requirement or goal if doing so would threaten or harm the City's ability to provide
a safe, secure and adequate water supply to its citizens.
Exhibit: Interlocal Agreement
Budget Impact: None
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9
INTERLOCAL AGREEMENT
For the Watershed Basins within Water Resource Inventory Area 8
PREAMBLE
THIS AGREEMENT ("Agreement') is entered into pursuant to Chapter 39.34 RCW by and
among the eligible county and city governments signing this agreement that are located in King
and Snohomish Counties, lying wholly or partially within the management area of Watershed
Resource Inventory Area ("WRIA") 8, which includes all or portions of the Lake Washington,
Cedar River, and Sammamish River basins, all political subdivisions of the State of Washington
(individually for those signing this Agreement, "party", and collectively"parties"). The parties
share interests in and responsibility for addressing long-term watershed planning and
conservation.
WHEREAS, the parties share interests in and responsibility for addressing long-term
watershed planning and conservation of the aquatic ecosystems and floodplains for purposes of
implementing the Lake Washington/Cedar/Sammamish Watershed (WRIA 8) Chinook Salmon
Conservation Plan ("WRIA 8 Plan") and improving watershed health for the watershed basins in
WRIA 8 and wish to provide for funding and implementation of various activities and projects
therein, and
WHEREAS, Puget Sound Chinook salmon, including the WRIA 8 Cedar and Sammamish
populations, were listed as threatened under the Endangered Species Act (ESA) in 1999, and
WHEREAS, the parties recognize their participation in this Agreement demonstrates their
commitment to proactively working to address the ESA listing of Chinook salmon, and
WHEREAS, the parties recognize achieving WRIA 8 salmon recovery and watershed
health goals requires a recommitment to, and acceleration of, the collaborative implementation
and funding of salmon recovery actions, and
WHEREAS, the parties have participated in an Interlocal Agreement for the years 2001-
2005 to develop the WRIA 8 Plan, contributed to the federally-approved Puget Sound Salmon
Recovery Plan, and desire to continue providing efficient participation in the implementation of
such plans, and
WHEREAS, the parties took formal action in 2005 and 2006 to ratify the WRIA 8 Plan,
and
WHEREAS, the parties have participated in an extension of the 2001-2005 Interlocal
Agreement and an Interlocal Agreement for the years 2007-2015 to implement the WRIA 8 Plan,
and
WHEREAS, the parties seek information on watershed conditions and salmon
conservation and recovery needs to inform local decision-making bodies regarding actions in
response to listings under the ESA, and
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WHEREAS, the parties have prioritized and contributed resources and funds for
implementing projects and programs to protect and restore salmon habitat, and
WHEREAS, the parties wish to monitor and evaluate implementation of the WRIA 8 Plan
through adaptive management, and
WHEREAS,the parties wish to continue to use adaptive management for identifying,
coordinating and implementing basin plans and water quality, flood hazard reduction, water
quantity, and habitat projects in the watersheds, and
WHEREAS, the parties recognize climate change is likely to affect watershed ecosystem
function and processes, and salmon habitat restoration actions are a proactive approach to
making the watershed ecosystem more resilient to changing conditions, which supports
watershed health for human communities and salmon populations, and
WHEREAS, the parties have an interest in participating on the Puget Sound Salmon
Recovery Council and other groups associated with Puget Sound recovery because of the
contributions of the Lake Washington/Cedar/Sammamish Watershed to the overall health of
Puget Sound and to collectively seek funding to implement the WRIA 8 Plan, and
WHEREAS, the parties have an interest in participating on the Washington Salmon
Coalition and other groups associated with the Salmon Recovery Funding Board to collectively
seek funding to implement the WRIA 8 Plan, and
WHEREAS, the parties have an interest in supporting implementation of the Puget
Sound Partnership Action Agenda to restore the health of Puget Sound as it relates to salmon
recovery and WRIA 8 priorities, and
WHEREAS, the parties recognize the importance of efforts to protect and restore habitat
for multiple species in the Lake Washington/Cedar/Sammamish Watershed, including Lake
Sammamish kokanee, and will seek opportunities to partner and coordinate Chinook recovery
efforts with these other efforts where there are overlapping priorities and benefits, and
WHEREAS, the parties have an interest in achieving multiple benefits by integrating
salmon recovery planning and actions with floodplain management, water quality and agriculture,
and
WHEREAS, the parties recognize that identification of watershed issues, and
implementation of salmon conservation and recovery actions may be carried out more efficiently if
done cooperatively than if carried out separately and independently,
NOW, THEREFORE, in consideration of the mutual promises, benefits and covenants
contained herein, the parties hereto do mutually covenant and agree as follows:
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MUTUAL COVENANTS AND AGREEMENTS
1. DEFINITIONS. For purposes of this Agreement, the following terms shall have the meaning
provided for below:
1.1. ELIGIBLE JURISDICTIONS: The governments eligible for participation in this Agreement
as parties are the Counties of King and Snohomish, the cities of Bellevue, Bothell, Brier,
Clyde Hill, Edmonds, Everett, Issaquah, Kenmore, Kent, Kirkland, Lake Forest Park,
Lynnwood, Maple Valley, Medina, Mercer Island, Mill Creek, Mountlake Terrace,
Mukilteo, Newcastle, Redmond, Renton, Sammamish, Seattle, Shoreline, Woodinville,
the towns of Beaux Arts, Hunts Point, Woodway and Yarrow Point, and other interested
public agencies and tribes.
1.2. WRIA 8 SALMON RECOVERY COUNCIL: The WRIA 8 Salmon Recovery Council
created herein is the governing body responsible for implementing this Agreement and is
comprised of members who are designated representatives of eligible jurisdictions who
have authorized the execution of and become parties to this Agreement. In addition, the
WRIA 8 Salmon Recovery Council includes members who are not representatives of
the parties and are comprised of a balance of stakeholder representatives and any other
persons who are deemed by the parties to this Agreement to be appropriate for the
implementation and adaptive management of the WRIA 8 Plan. The appointed
representatives of parties will appoint the members who are not representing parties,
using the voting provisions of Section 5 of this Agreement.
1.3. LAKE WASHINGTON/CEDAR/SAMMAMISH WATERSHED(WRIA 8) CHINOOK
SALMON CONSERVATION PLAN, JULY 2005: WRIA 8 Plan as referred to herein is
the three volume document, and any subsequent updates adopted in accordance with
the procedures provided for in Section 6 below, developed in partnership with
stakeholder representatives and ratified by the parties to this Agreement for the purposes
of preserving, protecting, and restoring habitat with the intent to recover listed species,
including sustainable, genetically diverse, harvestable populations of naturally spawning
Chinook salmon.
1.4 MANAGEMENT COMMITTEE: Management Committee as referred to herein consists
of five (5) elected officials or their designees which elected officials are chosen by the
party members of the WRIA 8 Salmon Recovery Council, according to the voting
procedures in Section 5, and charged with staff oversight and administrative duties on the
WRIA 8 Salmon Recovery Council's behalf.
1.5 SERVICE PROVIDER(S): Service Provider(s), as used herein, means that agency,
government, consultant or other entity which supplies staffing or other resources to and
for the WRIA 8 Salmon Recovery Council, in exchange for payment. The Service
Provider(s) may be a party to this Agreement.
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1.6 FISCAL AGENT: The Fiscal Agent refers to that agency or government which performs
all accounting services for the WRIA 8 Salmon Recovery Council, as it may require, in
accordance with the requirements of Chapter 39.34 RCW.
1.7 STAKEHOLDERS: Stakeholders refers to those public and private entities within the
WRIA who reflect the diverse interests integral for planning, implementation, and
adaptive management for the recovery of the listed species under the Endangered
Species Act, and may include but are not limited to environmental and business interests.
2. PURPOSES.The purposes of this Agreement include the following:
2.1 To provide a mechanism and governance structure for the implementation and adaptive
management of the implementation of the WRIA 8 Plan
2.2 To share the cost of the WRIA 8 Service Provider team to coordinate and provide the
services necessary for the successful implementation and management of the WRIA 8
Plan. The maximum financial or resource obligation of any participating eligible
jurisdiction under this Agreement shall be limited to its share of the cost of the Service
Provider staff and associated operating costs.
2.3 To provide a mechanism for securing technical assistance and funding from state
agencies or other sources.
2.4 To provide a mechanism for the implementation of other multiple benefit habitat, water
quality and floodplain management projects with local, regional, state, federal and non-
profit funds as may be contributed to or secured by the WRIA 8 Salmon Recovery
Council.
2.5 To annually recommend WRIA 8 salmon recovery programs and projects for funding by
the King County Flood Control District through the District's Cooperative Watershed
Management grant program.
2.6 To serve as the salmon recovery "Lead Entity" as designated by state law (Chapter 77.85
RCW) for WRIA 8, The Lead Entity is responsible for developing a salmon recovery
strategy, working with project sponsors to develop projects, convening local technical and
citizen committees to annually recommend WRIA 8 salmon habitat restoration and
protection projects for funding by the State of Washington Salmon Recovery Funding
Board, and representing WRIA 8 in Puget Sound region and state wide salmon recovery
forums.
2.7 To provide a framework for cooperation and coordination among the parties on issues
relating to the implementation and management of the implementation of the WRIA 8
Plan and to meet the requirement or a commitment by any party to participate in WRIA-
based or watershed basin planning in response to any state or federal law which may
require such participation as a condition of any funding, permitting or other program of
state or federal agencies, at the discretion of such party to this Agreement.
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2.8 To .develop and articulate WRIA-based positions on salmon habitat, conservation and
funding to state and federal legislators.
2.9 To provide for the ongoing participation of citizens and other stakeholders in such efforts
and to ensure continued public outreach efforts to educate and garner support for current
and future ESA efforts.
2.10 To provide information for parties to use to inform land use planning, regulations, and
outreach and education programs.
2.11 To provide a mechanism for on-going monitoring and adaptive management of the WRIA
8 Plan as defined in the Plan.
It is not the purpose or intent of this Agreement to create, supplant, preempt or supersede the
authority or role of any individual jurisdiction or water quality policy bodies such as the Regional
Water Quality Committee.
3. EFFECTIVE DATE AND TERM. This Agreement shall become effective on January 1, 2016
provided it has been signed by that date by at least nine (9) of the eligible jurisdictions within
WRIA 8 representing at least seventy percent (70%) of the affected population, as authorized by
each jurisdiction's legislative body, and further provided that after such signatures this Agreement
has been filed by King County and Snohomish County in accordance with the terms of RCW
39.34.040 and .200. If such requirements are not met by January 1, 2016, then the effective date
of this Agreement shall be the date on which such requirements are met. This Agreement
provides the mechanism and governance structure for implementation of the WRIA 8 Plan from
January 1, 2016 through December 31, 2025. Once effective, this Agreement shall remain in
effect through December 31, 2025, provided, however, that this Agreement may be extended for
such additional terms as the parties may agree to in writing, with such extension being effective
upon its execution by at least nine (9) of the eligible jurisdictions within WRIA 8 representing at
least seventy per cent (70%) of the affected population,.
4. ORGANIZATION AND NATURE OF WRIA 8 SALMON RECOVERY COUNCIL. The parties
hereby establish a governing body for WRIA 8 and the Lake Washington-Cedar and Sammamish
watershed basins and associated Puget Sound drainages (hereinafter the "WRIA 8 Salmon
Recovery Council') the precise boundaries of which are established in Chapter 173-500 WAC,
or as determined by the WRIA 8 Salmon Recovery Council, to serve as the formal governance
structure for carrying out the purposes of this Agreement in partnership with non-party members.
Each party to this agreement shall appoint one (1) elected official to serve as its representative on
the WRIA 8 Salmon Recovery Council. The WRIA 8 Salmon Recovery Council is a voluntary
association of the county and city governments, and other interested public agencies and tribes,
located wholly or partially within the management area of WRIA 8 and the Lake
Washington/Cedar/Sammamish watershed basins and associated Puget Sound drainages who
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choose to be parties to this Agreement. Representatives from stakeholder entities who are
selected under the voting provisions of Section 5.2 of this agreement are also part of this
association.
4.1 Upon the effective execution of this agreement and the appointment of representatives to
the WRIA 8 Salmon Recovery Council, the party members of the WRIA 8 Salmon
Recovery Council shall meet and choose from among its members, according to the
voting provisions of Section 5, five (5) elected officials or their designees, to serve as a
Management Committee to oversee and direct the funds and personnel contributed
under this Agreement, in accordance with the adopted annual budget and such other
directions as may be provided by the party members of the WRIA 8 Salmon Recovery
Council. Representatives of the Fiscal Agent and Service Provider may serve as non-
voting ex off icio members of the Management Committee. The Management
Committee shall act as an executive subcommittee of the WRIA 8 Salmon Recovery
Council, responsible for oversight and evaluation of any Service Providers or
consultants, for administration of the budget, and for providing recommendations on
administrative matters to the WRIA 8 Salmon Recovery Council for action, consistent
with the other subsections of this section.
4.1.1 Services to the WRIA 8 Salmon Recovery Council for the term of this
agreement shall be provided by King County Department of Natural Resources
which shall be the primary Service Provider unless the party members pursuant
to the voting provisions of Section 5 choose another primary Service Provider.
The Management Committee shall prepare a Memorandum of Understanding to
be signed by an authorized representative of King County and an authorized
representative of WRIA 8, which shall set out the expectations for services to be
provided. Services should include, without limitation, identification of and job
descriptions for dedicated staff in increments no smaller than .5 FTE, description
of any supervisory role retained by the Service Providerover any staff
performing services under this Agreement, and a method of regular consultation
between the Service Provider and the Management Committee concerning the
performance of services hereunder.
4.1.2 The Management Committee shall make recommendations to the party
members of the WRIA 8 Salmon Recovery Council for action, including
decisions related to work program, staffing and service agreements, and budget
and financial operations, annually for each year of this Agreement. All duties of
the Management Committee shall be established by the party members of the
WRIA 8 Salmon Recovery Council.
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4.2 The party members of the WRIA 8 Salmon Recovery Council shall have the authority
and mandate to establish and adopt the following:
4.2.1 By September 1 of each year, establish and approve an annual budget,
establishing the level of funding and total resource obligations of the parties
which are to be allocated on a proportional basis according to the average of the
population, assessed valuation and area attributable to each party to the
Agreement, in accordance with the formula set forth in Exhibit A, which formula
shall be updated every third year by the WRIA 8 Salmon Recovery Council, as
more current data become available, and in accordance with Section 2.2.
Individual party cost shares may change more frequently than every three years
for parties involved in an annexation that changes the area, population, and
assessed value calculation of such party to the extent that the cost shares
established by the formula set forth in Exhibit A would be changed by such
annexation. For parties that are not county or city governments, the level of
funding and resource obligation will be determined in communications with the
Management Committee, which will develop a recommendation for review and
approval by, the WRIA 8 Salmon Recovery Council.
4.2.2 Review and evaluate annually the duties to be assigned to the Management
Committee hereunder and the performance of the Fiscal Agent and Service
Provider(s)to this Agreement, and provide for whatever actions it deems
appropriate to ensure that quality services are efficiently, effectively and
responsibly delivered in the performance of the purposes of this Agreement. In
evaluating the performance of any Service Provider(s), at least every three (3)
years, the WRIA 8 Salmon Recovery Council may retain an outside consultant
to perform a professional assessment of the work and services so provided.
Evaluations of the Service Provider(s) shall occur in years 3, 6, and 9 of the
Agreement
4.2.3 Oversee and administer the expenditure of budgeted funds and allocate the
utilization of resources contributed by each party or obtained from other sources
in accordance with an annual prioritized list of implementation and adaptive
management activities within the WRIA during each year of this Agreement.
4.3 The WRIA 8 Salmon Recovery Council through the primary Service Provider may
contract with similar watershed forum governing bodies or any other entities for any
lawful purpose related hereto, including specific functions and tasks which are initiated
and led by another party to this Agreement beyond the services provided by the primary
Service Provider. The parties may choose to create a separate legal or administrative
entity under applicable state law, including without limitation a nonprofit corporation or
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general partnership, to accept private gifts, grants or financial contributions, or for any
other lawful purposes.
4.4 The party members of the WRIA 8 Salmon Recovery Council shall adopt other rules
and procedures that are consistent with its purposes as stated herein and are necessary
for its operation.
5. VOTING. The party members on the WRIA 8 Salmon Recovery Council shall make decisions,
approve scope of work, budget, priorities and any other actions necessary to carry out the
purposes of this Agreement as follows:
5.1 No action or binding decision will be taken by the WRIA 8 Salmon Recovery Council
without the presence of a quorum of active party members. A quorum exists if a majority
of the party members are present at the WRIA 8 Salmon Recovery Council meeting,
provided that positions left vacant on the WRIA 8 Salmon Recovery Council by parties
shall not be included in calculating the quorum. In addition, positions will be considered
vacant on the third consecutive absence and shall not be included in calculating a
quorum until that time in which the party member is present. The voting procedures
provided for in 5.1.1 through 5.1.2 are conditioned upon there being a quorum of the
active party members present for any action or decision to be effective and binding.
5.1.1 Decisions shall be made using a consensus model as much as possible. Each
party agrees to use its best efforts and exercise good faith in consensus
decision-making. Consensus may be reached by unanimous agreement of the
party members at the meeting, or by a majority recommendation agreed upon by
the active party members, with a minority report. Any party who does not accept
a majority decision may request weighted voting as set forth below.
5.1.2 In the event consensus cannot be achieved, as determined by rules and
procedures adopted by the WRIA 8 Salmon Recovery Council, the WRIA 8
Salmon Recovery Council shall take action on a dual-majority basis, as follows:
5.1.2.1 Each party, through its appointed representative, may cast its weighted
vote in connection with a proposed WRIA 8 Salmon Recovery Council
action.
5.1.2.2 The weighted vote of each party in relation to the weighted votes of each
of the other parties shall be determined by the percentage of the annual
contribution by each party set in accordance with Subsection 4.2.1 in the
year in which the vote is taken.
5.1.2.3 For any action subject to weighted voting to be deemed approved, an
affirmative vote must be cast by both a majority of the active party
members to this Agreement and by a majority of the weighted votes of
the active party members to this Agreement. No action shall be valid
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and binding on the parties to this Agreement until it shall receive majority
of votes of both the total number of active party members to the
Agreement and of the active members representing a majority of the
annual budget contribution for the year in which the vote is taken. A vote
of abstention shall be recorded as a "no" vote.
5.2 The party members on the WRIA 8 Salmon Recovery Council may deem it appropriate
to appoint to the WRIA 8 Salmon Recovery Council non-party stakeholder
representatives and other persons who are appropriate for the implementation and
adaptive management of the WRIA 8 Plan.
5.2.1 Nomination of such non-party members may be made by any member of the
WRIA 8 Salmon Recovery Council. Appointment to the WRIA 8 Salmon
Recovery Council of such non-party members requires either consensus or dual
majority of party members as provided in Section 5.1.
5.2.2 The party members on the WRIA 8 Salmon Recovery Council may deem it
appropriate to allow non-party members to vote on particular WRIA 8 Salmon
Recovery Council decisions. The party members may determine which issues
are appropriate for non-party voting by either consensus or majority as provided
in Sections 5.1, except in the case where legislation requires non-party member
votes.
5.2.3 Decisions of the entire WRIA 8 Salmon Recovery Council, both party and non-
party members, shall be made using a consensus model as much as possible.
Voting of the entire WRIA 8 Salmon Recovery Council will be determined by
consensus or majority as provided in Sections 5.1 and a majority of the non-party
members.
6. ADAPTIVE MANAGEMENT OF THE WRIA 8 CHINOOK SALMON CONSERVATION PLAN.
The WRIA 8 Plan shall be implemented with an adaptive management approach. Such an
approach anticipates updates and amendments to the WRIA 8 Plan. Such amendments to be
effective and binding must comply with the following provisions:
6.1 The WRIA 8 Salmon Recovery Council shall act to approve or remand any WRIA 8
Plan amendments prepared and recommended by the committees of the WRIA 8
Salmon Recovery Council within ninety (90) calendar days of receipt of the plan
amendments, according to the voting procedures described in Section 5.
6.2 In the event that any amendments are not so approved, they shall be returned to the
committees of the WRIA 8 Salmon Recovery Council for further consideration and
amendment and thereafter returned to the WRIA 8 Salmon Recovery Council for
decision.
18
6.3 After approval of the WRIA 8 Plan amendments by the WRIA 8 Salmon Recovery
Council, the plan amendments shall be referred to the parties to this Agreement for
ratification prior to the submission to any federal or state agency for further action.
Ratification means an affirmative action, evidenced by a resolution, motion, or ordinance
of the jurisdiction's legislative body, by at least nine (9)jurisdictions within WRIA 8
representing at least seventy per cent (70%) of the total population of WRIA 8. Upon
ratification, the WRIA 8 Salmon Recovery Council shall transmit the updated WRIA 8
Plan to any state or federal agency as may be required for further action.
6.4 In the event that any state or federal agency to which the WRIA 8 Plan or amendments
thereto are submitted shall remand the WRIA 8 Plan or amendments thereto for further
consideration, the WRIA 8 Salmon Recovery Council shall conduct such further
consideration and may refer the plan or amendments to the committees of the WRIA 8
Salmon Recovery Council for recommendation on amendments thereto.
6.5 The parties agree that any amendments to the WRIA 8 Plan shall not be forwarded
separately by any of them to any state or federal agency unless it has been approved
and ratified as provided herein.
7. OBLIGATIONS OF PARTIES; BUDGET; FISCAL AGENT; RULES.
7.1 Each party shall be responsible for meeting its financial obligations hereunder as
described in Section 2.2, and established in the annual budget adopted by the WRIA 8
Salmon Recovery Council under this Agreement and described in Section 4.2.1.
The maximum funding responsibilities imposed upon the parties during the first year of
this Agreement shall not exceed the amounts set forth in Exhibit A, which shall be
updated every third year as described in Section 4.2.1, or as annexations result in
changes to the area, population, and assessed value calculation for those parties
involved in the annexation to the extent that the cost shares established by the formula
set forth in Exhibit A would be changed for such parties by the annexation
7.2 No later than September 1 of each year of this Agreement, the WRIA 8 Salmon
Recovery Council shall adopt a budget, including its overhead and administrative costs,
for the following calendar year. The budget shall propose the level of funding and other
responsibilities (e.g. staffing) of the individual parties for the following calendar year and
shall propose the levels of funding and resources to be allocated to specific prioritized
implementation and adaptive management activities within the WRIA. The parties shall
thereafter take whatever separate legislative or other actions that may be necessary to
timely address such individual responsibilities under the proposed budget, and shall have
done so no later than December 1st of each such year.
19
7.3 Funds collected from the parties or other sources on behalf of the WRIA 8 Salmon
Recovery Council shall be maintained in a special fund by King County as Fiscal Agent
and as ex officio treasurer on behalf of the WRIA 8 Salmon Recovery Council pursuant
to rules and procedures established and agreed to by the WRIA 8 Salmon Recovery
Council. Such rules and procedures shall set out billing practices and collection
procedures and any other procedures as may be necessary to provide for its efficient
administration and operation. Any party to this Agreement may inspect and review all
records maintained in connection with such fund at any reasonable time.
8. LATECOMERS. A county or city government, or other interested public agency or tribe in King or
Snohomish County lying wholly or partially within the management area of WRIA 8 and the Lake
Washington-Cedar and Sammamish watershed basins and adjacent Puget Sound drainages
which has not become a party to this Agreement within twelve (12) months of the effective date of
this Agreement may become a party only with the written consent of all the parties. The
provisions of Section 5 otherwise governing decisions of the WRIA 8 Salmon Recovery Council
shall not apply to Section 8. The parties and the county, city, or other public agency or tribe
seeking to become a party shall jointly determine the terms and conditions under which the
county, city, or other public agency or tribe may become a party. These terms and conditions
shall include payment by such county, city, or other public agency or tribe to the Fiscal Agent of
the amount determined jointly by the parties and the county, city, or other public agency or tribe to
represent such county, city, or other public agency or tribe's fair and proportionate share of all
costs associated with activities undertaken by the WRIA 8 Salmon Recovery Council and the
parties on its behalf as of the date the county, city, or other public agency or tribe becomes a
party. Any county, city, or other public agency or tribe that becomes a party pursuant to this
section shall thereby assume the general rights and responsibilities of all other parties to this
Agreement. After the inclusion of such entity as a party to this Agreement, the formula for party
contribution shall be adjusted for the following year to reflect the addition of this new party.9.
TERMINATION. This Agreement may be terminated by any party, as to that party only,
upon sixty (60) calendar days' written notice to all other parties. The terminating party shall
remain fully responsible for meeting all of its funding and other obligations through the end of the
calendar year in which such notice is given, together with any other costs that may have been
incurred on behalf of such terminating party up to the effective date of such termination. This
Agreement may be terminated at any time by the written agreement of all parties. It is possible
that the makeup of the parties to this Agreement may change from time to time. Regardless of
any such changes, the parties choosing not to exercise the right of termination shall each remain
obligated to meet their respective share of the obligations of the WRIA 8 Salmon Recovery
Council as reflected in the annual budget.
20
10. HOLD HARMLESS AND INDEMNIFICATION. To the extent permitted by state law, and for the
limited purposes set forth in this agreement, each party shall protect, defend, hold harmless and
indemnify the other parties, their officers, elected officials, agents and employees, while acting
within the scope of their employment as such, from and against any and all claims (including
demands, suits, penalties, liabilities, damages, costs, expenses, or losses of any kind or nature
whatsoever) arising out of or in any way resulting from such party's own negligent acts or
omissions related to such party's participation and obligations under this Agreement. Each party
agrees that its obligations under this subsection extend to any claim, demand and/or cause of
action brought by or on behalf of any of its employees or agents. For this purpose, each party, by
mutual negotiation, hereby waives, with respect to the other parties only, any immunity that would
otherwise be available against such claims under the industrial insurance act provisions of Title
51 RCW. The provisions of this subsection shall survive and continue to be applicable to parties
exercising the right of termination pursuant to Section 9.
11. NO ASSUMPTION OF LIABILITY. In no event do the parties to this Agreement intend to assume
any responsibility, risk or liability of any other party to this Agreement or otherwise with regard to
any party's duties, responsibilities or liabilities under the Endangered Species Act, or any other
act, statute or regulation of any local municipality or government, the State of Washington or the
United States.
12. VOLUNTARY AGREEMENT. This is a voluntary agreement and it is acknowledged and agreed
that, in entering into this Agreement, no party is committing to adopt or implement any actions or
recommendations that may be contained in the WRIA 8 Plan pursuant to this Agreement.
13. NO PRECLUSION OF ACTIVITIES OR PROJECTS. Nothing herein shall preclude any one or
more of the parties to this Agreement from choosing or agreeing to fund or implement any work,
activities or projects associated with any of the purposes hereunder by separate agreement or
action, provided that any such decision or agreement shall not impose any funding, participation
or other obligation of any kind on any party to this Agreement which is not a party to such
decision or agreement.
14. NO THIRD PARTY RIGHTS. Nothing contained in this Agreement is intended to, nor shall it be
construed to, create any rights in any third party, including without limitation the non-party
members, NMFS, USFWS, any agency or department of the United States, or the State of
Washington, or to form the basis for any liability on the part of the WRIA 8 Salmon Recovery
Council or any of the parties, or their officers, elected officials, agents and employees, to any
third party.
15. AMENDMENTS.This Agreement may be amended, altered or clarified only by the unanimous
consent of the parties to this Agreement, represented by affirmative action by their legislative
bodies.
16. COUNTERPARTS. This Agreement may be executed in counterparts.
21
17. APPROVAL BY PARTIES' GOVERNING BODIES. The governing body of each party must
approve this Agreement before any representative of such party may sign this Agreement.
18. FILING OF AGREEMENT. This Agreement shall be filed by King County and Snohomish
County in accordance with the provisions of RCW 39.34.040 and .200 and with the terms of
Section 3 herein.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the dates indicated below:
Approved as to form: TOWN OF BEAUX ARTS VILLAGE:
By: By:
Title: Title:
Date: Date:
zz
Approved as to form: CITY OF BELLEVUE:
By: By:
Title: Title:
Date: Date:
23
Approved as to form: CITY OF BOTHELL:
By: By:
Title: Title:
Date: Date:
24
Approved as to form: CITY OF CLYDE HILL:
By: By:
Title: Title:
Date: Date:
25
Approved as to form: CITY OF EDMONDS:
By: By:
Title: Title:
Date: Date:
26
Approved as to form: TOWN OF HUNTS POINT:
By: By:
Title: Title:
Date: Date:
27
Approved as to form: CITY OF ISSAQUAH:
By: By:
Title: Title:
Date: Date:
2s
Approved as to form: CITY OF KENMORE:
By: By:
Title: Title:
Date: Date:
29
Approved as to form: CITY OF KENT:
By: By:
Title: Title:
Date: Date:
30
Approved as to form: KING COUNTY:
By: By:
Title: Title:
Date: Date:
31
Approved as to form: CITY OF KIRKLAND:
By: By:
Title: Title:
Date: Date:
32
Approved as to form: CITY OF LAKE FOREST PARK:
By: By:
Title: Title:
Date: Date:
33
Approved as to form: CITY OF MAPLE VALLEY:
By: By:
Title: Title:
Date: Date:
34
Approved as to form: CITY OF MEDINA:
By: By:
Title: Title:
Date: Date:
35
Approved as to form: CITY OF MERCER ISLAND:
By: By:
Title: Title:
Date: Date:
36
Approved as to form: CITY OF MILL CREEK:
By: By:
Title: Title:
Date: Date:
37
Approved as to form: CITY OF MOUNTLAKE TERRACE:
By: By:
Title: Title:
Date: Date:
38
Approved as to form: CITY OF MUKILTEO:
By: By:
Title: Title:
Date: Date:
39
Approved as to form: CITY OF NEWCASTLE:
By: By:
Title: Title:
Date: Date:
40
Approved as to form: CITY OF REDMOND:
By: By:
Title: Title:
Date: Date:
41
Approved as to form: CITY OF RENTON:
By: By:
Title: Title:
Date: Date:
42
Approved as to form: CITY OF SAMMAMISH:
By: By:
Title: Title:
Date: Date:
43
Approved as to form: CITY OF SEATTLE:
By: By:
Title: Title:
Date: Date:
44
Approved as to form: CITY OF SHORELINE:
By: By:
Title: Title:
Date: Date:
45
Approved as to form: SNOHOMISH COUNTY:
By: By:
Title: Title:
Date: Date:
46
Approved as to form: CITY OF WOODINVILLE:
By: By:
Title: Title:
Date: Date:
47
Approved as to form: TOWN OF WOODWAY:
By: By:
Title: Title:
Date: Date:
48
Approved as to form: TOWN OF YARROW POINT:
By: By:
Title: Title:
Date: Date:
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51
PUBLIC WORKS DEPARTMENT
� Timothy J. LaPorte, P.E. Public Works Director
Phone: 253-856-5500
rEwta Fax: 253-856-6500
Address: 400 West Gowe Street
Kent, WA 98032-5895
Date: July 23, 2015
To: Chair Dennis Higgins and Public Works Committee Members
PW Committee Meeting Date: August 3, 2015
From: Kathy Hardy, Commute Trip Reduction Coordinator
Through: Kelly Peterson, AICP, Special Projects and Transportation Engineering Mgr.
Chad Bieren, P.E., City Engineer
Subject: Grant Acceptance for 2015-2017 Commute Trip Reduction Program
Motion: Move to recommend the City Council authorize the Mayor to sign the
Federal/State Transportation Demand Management Implementation
Agreement with the Washington State Department of Transportation, subject
to final terms and conditions of the City Attorney and Public Works Director.
Summary: The City has been offered a grant of $106,007 in order to implement
commute trip reduction ("CTR") during the 2015-2017 state budget biennium. This
grant allows the City to continue to assist 32 businesses in Kent that are required by
state law, due to number of employees, to participate in commute trip reduction. The
City also provides assistance to additional businesses that volunteer to participate in
commute trip reduction. The City provides training and information, helps develop
innovative commute trip reduction strategies, and assists the businesses in completing
their required reports and surveys.
Exhibit: Federal/State Transportation Demand Management Implementation
Agreement
Budget Impact: The grant is used to pay for the CTR Coordinator position, ancillary
costs, and promotional materials
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53
Federal/State Transportation Demand Management
Implementation Agreement
Washington State Department of Contractor
Transportation City of Kent
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("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
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 1 of 16
54
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
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
55
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. hi 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
56
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.
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. hi 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
57
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. hi 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
2. The requisite state, local, or federal funding is reduced or becomes unavailable
through failure of appropriation or otherwise; or
GCB2161 Page 5 of 16
58
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.
GCB2161 Page 6 of 16
59
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.
GCB2161 Page 7 of 16
60
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.
IN WITNESS WHEREOF, the PARTIES hereto have executed this AGREEMENT the day and
year last signed below.
GCB2161 Page 8 of 16
61
WASHINGTON STATE CONTRACTOR
DEPARTMENT OF TRANSPORTATION
By: By:
Brian Lagerberg
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:
By: Susan Cruise
Assistant Attorney General
Date: July 1, 2015
GCB2161 Page 9 of 16
62
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
63
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.aov/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.
GCB2161 Page 11 of 16
64
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 W SDOT.
GCB2161 Page 12 of 16
65
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
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
GCB2161 Page 13 of 16
Exhibit 3 MINORITY BUST SES
MARK BOX(ES) IF APPROPRIATE
PU M Washill�ytUdl State
Department ofTranspartal Invoice Voucher W 0 %
E
VENDOR OR CLAIMANT(WARRANT TO BE PAYABLE TO) VENDORS CERTIFICATE.I hereby certify under penalty of perjury that the items and
total listed herein are proper charges for mate pals,merchandise or services furnished to
agency the State of Washington,and that all goods furnished and/or services rendered have
been provided without discrimination on the grounds of race,creed,color national origin,
address sex or age
city, state ZIP BY(SIGNATURES IN INK)
contact name Phone# email
FEDERAL ID.NUMBER OR SOCIAL SECURYTY NUMBER TITLE DATE
(FOR REPORTINGPERSONAL SVCS.CONTRACT PAYMENT TO IRS) DD-DDDDDDD
INSTRUCTIONS TO VENDOR OR CLAIMANT: Show complete detail for each item below.
DATE CURRENT EXPENDITURES
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
ACCOUNT CONTROL SECTION FEDERAL
JOB NUMBER WORKOP OJB SUB ORG.NUMBER EQUIPMENT NUMBER NON-PARTICIPATING NET AMOUNT
OBJ ORDER NUMBER
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
67
EXHIBIT 4
Final Project Progress Report
Commute Trip Reduction (CTR) Final Project Report
Biennium: 2015-2017 1 Date:
Organization: I IAgreement number: I 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 Ian s ?
What were your major challenges this biennium? How did they hinder your
progress toward the goals in yourjurisdiction's CTR Ian 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
68
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:
GCB2161 Page 16 of 16
69
PUBLIC WORKS DEPARTMENT
� Timothy J. LaPorte, P.E. Public Works Director
Phone: 253-856-5500
rEwta Fax: 253-856-6500
Address: 400 West Gowe Street
Kent, WA 98032-5895
Date: July 23, 2015
To: Chair Dennis Higgins and Public Works Committee Members
PW Committee Meeting Date: August 3, 2015
From: Kathy Hardy, Commute Trip Reduction Coordinator
Through: Kelly Peterson, AICP, Special Projects and Transportation Engineering Mgr.
Chad Bieren, P.E., City Engineer
Subject: Contract Amendment to Extend 913 Bus Service for Five Additional
Years
Motion: Move to recommend the City Council authorize the Mayor to sign
Amendment No. 1 to the Transit Service Direct Financial Partnership
Agreement with King County Metro, subject to final terms and conditions of
the City Attorney and Public Works Director.
Summary: In 2006, King County voters passed the Transit Now Initiative, which allows
cities to enter into partnership with King County to initiate new transit service. Sharing
the cost allows needed bus service to come online sooner than would be possible without
the partnership. In 2008, the City entered into an agreement with King County Metro to
provide new bus service in the City of Kent. The City agreed to pay one third of the
operating costs of the new Route 913 and King County agreed to pay two thirds of the
operating costs. In 2011, Routes 913 and 918 were combined in order to reduce
operating costs while preserving service. The current agreement expires in September
2015 and pursuant to the terms of the agreement, the City and King County can extend
it for five years. King County Metro anticipates that the City's share of the costs will be
reduced by seven percent beginning in September 2015, from $132,900 per year to
$123,597 per year.
Exhibit: Amendment No. 1 to the Transit Service Direct Financial Partnership Agreement
Budget Impact: The City's costs are already included in the 2015-2016 biennial budget
70
AMENDMENT No. 1
to the
TRANSIT SERVICE DIRECT FINANCIAL PARTNERSHIP AGREEMENT
between
KING COUNTY
and
THE CITY OF KENT, WASHINGTON
This Amendment No. 1 to the Transit Service Direct Financial Partnership Agreement
("Amendment No. 1" or the "First Amendment") is made by and between King County, a
home rule charter county of the State of Washington, by and through its Department of
Transportation, Metro Transit Division (hereinafter the "County" or "Metro Transit") and the
City of Kent, a Washington municipal corporation ("Service Partner,"whether one entity or
multiple entities), both of which entities may be referred to hereinafter individually as "Party"
or collectively as the "Parties."
WHEREAS, on December 4, 2008 the Parties entered into a Transit Service Direct Financial
Partnership Agreement(the "Agreement"); and
WHEREAS, Section 4.1 of the Agreement provides that the Agreement will expire six years
after the start of the service, unless extended pursuant to the terms of the Agreement; and
WHEREAS, Section 4.1 of the Agreement further provides that if, after six years the enhanced
transit service is deemed viable by the County pursuant to the performance indicators set forth
in Section 2.2 of the Agreement and the additional performance benchmarks specified in
Attachment A of the Agreement, and the Service Partner desires to have Metro continue to
provide the enhanced transit service beyond the initial period,the Agreement may be extended
by the Transit General Manager for an additional five years without additional approval of the
King County Council; and
WHEREAS, the transit service enhancements provided for in the Agreement were
implemented on or about September 19, 2009; and
WHEREAS, the Parties now desire to extend the Agreement for an additional five-year period;
and
WHEREAS, Section 7 of the Agreement provides that the Agreement may be amended or
modified by written agreement of the Parties, and further provides that such amendments and
modifications may be made for the County by Metro's General Manager when such
amendments are consistent with the intent and purpose of the Agreement;
AMENDMENT NO. 1 to the Transit Service Direct Financial Partnership Agreement
between King County and the city of Kent,Washington
Page 1 of 2
71
NOW, THEREFORE, in consideration of the terms, conditions and mutual covenants set forth
herein, the Parties agree to amend the Agreement as follows:
1. Extension of Term of Agreement
As provided for in Section 4.1, the Agreement is extended until September 19, 2020.
2. No Other Modifications.
Except as specifically provided for in this Amendment No. 1, all other provisions of the
Agreement shall remain unchanged and in full force and effect.
3. Effective Date.
This Amendment No. 1 shall be effective upon execution by the Parties.
IN WITNESS WHEREOF, the Parties hereto have caused their duly authorized representatives
to execute this Amendment No. 1 to the Agreement as of the date set forth below their
signatures.
KING COUNTY SERVICE PARTNER
City of Kent
By: By:
Kevin Desmond Name
General Manager, Metro Transit Division Its (Title):
Department of Transportation
Date: Date:
AMENDMENT NO. 1 to the Transit Service Direct Financial Partnership Agreement
between King County and the city of Kent,Washington
Page 2 of 2
72
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73
PUBLIC WORKS DEPARTMENT
� Timothy J. LaPorte, P.E. Public Works Director
Phone: 253-856-5500
rEwta Fax: 253-856-6500
Address: 400 West Gowe Street
Kent, WA 98032-5895
Date: August 3, 2015
To: Chair Dennis Higgins and Public Works Committee Members
PW Committee Meeting Date: August 3, 2015
From: Bill Thomas, Street Superintendent
Subject: 2015 Business & Occupation Project Update
Motion:
Information Only
Summary:
Staff will give a brief presentation on the 2015 Business & Occupation funded
projects. The same presentation was given to the Chamber of Commerce on July 22,
2015.
Budget Impact:
None
I
* Public Works Committee Agenda
KENT rsnr'a Councilmembers: Brenda Fincher•Dana Ralph-Dennis Higgins, Chair
'MMq mY r(.Yqu
August 3, 2015
4:00 p.m.
Item Description Action Speaker Time Pace
1. Call to Order Chair Higgins 01
2. Roll Call Chair Higgins 01
3. Changes to the Agenda Chair Higgins 01 --
4. Approval of Meeting Minutes Dated YES None 03 03
July 20, 2015
5. Water Resource Inventory Area (WRIA) 8 YES Mike Mactutis 10 07
Interlocal Agreement (ILA)
6. Grant Acceptance for 2015-2017 Commute YES Kathy Hardy 05 51
Trip Reduction Program
7. Contract Amendment to Extend 913 Bus YES Kathy Hardy 10 69
Service for Five Additional Years
8. Information Only/Business & Occupation NO Dave Brock 15 73
Update Bill Thomas
Unless otherwise noted, the Public Works Committee meets at 4:00 p.m. on the 1"& 3rd Mondays of each
month. Council Chambers East, Kent City Hall, 220 4th Avenue South, Kent, 98032-5895.
For information please contact Cheryl Viseth, 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.
z
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Public Works Committee Minutes 3
July 20, 2015
Item 1 — Call to Order: The meeting was called to order at 4:04 p.m. by Committee Chair,
Dennis Higgins.
Item 2 — Roll Call: Committee members present: Higgins, Ralph and Fincher.
Item 3 — Changes to the Agenda: None
Item 4 — Approval of Meeting Minutes Dated July 6, 2015:
Committee member Fincher MOVED to approve the minutes of July 6, 2015. The
motion was SECONDED by Committee member Ralph and PASSED 3 - 0.
Item 5 —Grandview Apartments Slope Easements and Staging Area License
Agreement:
Chad Bieren, City Engineer noted that permits are currently under review by the City for a 261-
unit apartment complex called Grandview Apartments, located at the northwest corner of
Veterans Drive and Riverview Boulevard. Bieren noted that the property was recently sold by
the City to DevCo, Inc. as surplus property, remaining from the 228th Corridor road project.
Bieren stated that two items are holding up the project. In order to construct the apartment
development on this sloped property, a significant amount of grading is necessary. A small
amount of grading needs to extend onto a separate City-owned property adjacent to and north
of the Grandview site in order to avoid construction of a large unsightly wall. Grandview
Apartments, LLC is requesting a slope easement from the City to allow grading on the City-
owned parcel referenced above, which contains a pedestrian path connecting to the Grandview
Dog Park. The proposed grading will not impact the path, and the Parks Department is aware of
the proposal.
Additionally, Grandview Apartments, LLC has requested a temporary license agreement to use
another City-owned parcel south of Veterans Drive during construction (2 years) for staging of
construction equipment and employee vehicles.
Committee member Ralph noted that she was still not happy about the project but will vote in
favor of this motion.
Committee Member Ralph MOVED to recommend Council authorize the Mayor to
execute all necessary documents to grant a slope easement and temporary license
agreement on city property adjacent to the Grandview Apartments, LLC development
for grading and staging area purposes. The motion was SECONDED by Committee
member Fincher and PASSED 3 — 0.
Item 8 — Water District #111 Service Boundary Change Agreement:
Sean Bauer, Water Superintendent, noted the Kent Water Service Area boundary adjustment
ends just west of the 124th Ave SE/SE 248th Street intersection. There is a housing plat called
On Rainier Pond proposed on the southwest corner of the intersection that requires water
service. Roughly half of the plat is located in the Water District #111 water service area and
the other half is located in the city's service area. There is an existing Kent water main that
runs under SE 248th Street that could economically serve the plat. The On Rainier Pond project
developer, Water District #111 staff and Kent staff agree that adjusting the water service area
and corporate boundary to allow Kent to serve the development makes the most sense.
1
Public Works Committee Minutes 4
July 20, 2015
Bauer went on to state that Water District #111 has sized its system to serve the area near the
124th Ave SE/SE 248th Street intersection and has invested in infrastructure to accommodate
growth. Therefore, the District is allowed to collect system development fees.
Committee member Fincher MOVED to recommend Council authorize the Mayor to
sign an agreement with Water District #111 that would adjust the Water Service Area
and Corporate Boundary of the Kent Water Department to include the On Rainier Pond
plat. The motion was SECONDED by Committee member Ralph and PASSED 3 - 0.
Item 7 — Overlay Project Change Order - ICON:
Eric Connor, Construction Manager noted that Joe Araucto spoke before the committee last
week with some great news. Araucto stated that there is more funding available for this project
than originally anticipated. Based on the favorable bid prices received for the 2015 Asphalt
Overlay project, staff recommends Council authorize a change order to include 40th Avenue
South between South 272nd and north of Cambridge Court, and 42nd Avenue South between
Reith Road and South 261st Street. The contractor has agreed to extend its unit bid prices for
this proposed change order, ensuring the price for the proposed work is competitive.
Committee member Ralph MOVED to recommend Council authorize the Mayor to sign
a Construction change order with ICON Materials for $550,000 to provide additional
asphalt work on 40th Avenue South between South 272nd and north of Cambridge
Court, and 42nd Ave South between Reith Road and South 261st Street, subject to
final terms and conditions acceptable to the City Attorney and Public Works Director.
The motion was SECONDED by Committee member Fincher and PASSED 3 - 0.
Item 6 — Information Only/Change Order 401h Ave & 42nd Ave — 2015 Overlay Proiect:
Eric Connor, Construction Manager, noted that starting on the 271h of July, Marshbank
Construction will begin working on the Central Avenue South Pavement Preservation and Utility
Improvement Project. The project is located on Central Avenue South between Willis Street and
the Green River Bridge. Conner noted that the project is federally funded and will provide
pavement rehabilitation between Willis Street and the Green River Bridge. The project will also
include new curb, gutter and sidewalk replacement, upgrading the existing 6" water main to
12", and providing cured-in-place lining of the existing sanitary sewer main.
Connor stated that with over 10 projects anticipated to be under construction this summer and
fall the Construction Engineering section will need additional help to manage all of these
projects. It is necessary to hire a consultant for the Central Avenue project. KBA, Inc. was
selected after interviewing three separate consultants. KBA, Inc. is a Construction Management
firm based in Bellevue that specializes in managing Federally Funded Capital Improvement
Projects in the Puget Sound Region.
Committee member Fincher MOVED to recommend Council authorize the Mayor to
sign a Consultant Services Agreement with KBA Inc. in an amount not to exceed
$600,000 to provide construction management services for the Central Avenue S.
Project, subject to final terms and conditions acceptable to the City Attorney and
Public Works Director. The motion was SECONDED by Committee member Ralph and
PASSED 3 - 0.
2
Public Works Committee Minutes 5
July 20, 2015
Item 9 — Information Only/State Transportation Package:
Monica Whitman, Senior Transportation Planner stated that she was here today with some good
news. Whitman then went on to state that on Wednesday, July 15, 2015, Governor Inslee will
be signing into law the State's first comprehensive statewide transportation package in more
than a decade, representing a 16-year, $16.1 billion investment. South King County will
significantly benefit from the long awaited completion of the Puget Sound Gateway Projects (SR
167 and SR 509). The package also includes $15 million to complete the S 228th St/Union
Pacific Railroad grade separation and more than $4.5 million in direct funding to the City over a
16 year period.
Committee members asked for clarification on where the money will be spent. Staff will be
getting back to them with the requested information.
Whitman was personally thanked for her insight into policy, for her hard work and for reporting
back to council on transportation issues. Her service has been invaluable. Whitman's family will
be leaving for Alaska.
Information Only/No Motion Required
Item 10 — Information Only/Water Update:
Sean Bauer, Water Superintendent gave an informative PowerPoint presentation on the status
of Kent's water system.
Information Only/No Motion Required
Item 11 Information Only/Howard Hanson Dam, Fish:
Mike Mactutis, Environmental Engineering Manager gave an informative presentation on the
status on the Howard Hanson Dam and the Fish Passage.
Information Only/No Motion Required
Item 12 — Information Only/1091h Street Channelization:
Joe Araucto, Pavement Management Engineer III, gave a brief PowerPoint presentation
updating the committee on the channelization project on 1091h Avenue SE between SE 2561h
Street and SE 2481h Street.
Information Only/No Motion Required
The meeting was adjourned at 5:29 p.m.
Cheryl Viseth
Council Committee Recorder
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7
PUBLIC WORKS DEPARTMENT
� Timothy J. LaPorte, P.E. Public Works Director
Phone: 253-856-5500
rEwta Fax: 253-856-6500
Address: 400 West Gowe Street
Kent, WA 98032-5895
Date: July 22, 2015
To: Chair Dennis Higgins and Public Works Committee Members
PW Committee Meeting Date: August 3, 2015
From: Mike Mactutis, P.E., Environmental Engineering Manager
Through: Chad Bieren, P.E., City Engineer
Subject: Water Resource Inventory Area 8 (WRIA 9) Interlocal Agreement
(ILA)
Motion: Move to recommend Council authorize the Mayor to sign an
Interlocal Agreement (ILA) for the Watershed Basins within Water Resource
Inventory Area (WRIA) S.
Summary: In 1999, the federal government listed Puget Sound Chinook salmon as
threatened under the Endangered Species Act. In 2001, concerned about the need to
protect and restore habitat for salmon, 27 cities and King County in WRIA 8 signed an
ILA to jointly create a habitat conservation plan. WRIA 8 includes all of the Lake
Washington Watershed, as well as near shore areas in Seattle. In 2006, the ILA was
updated to reflect implementation of the 2005 WRIA 8 Chinook Habitat Plan and
renewed for a ten year term which expires at the end of 2015.
The local agencies entered into the ILA share interest in and responsibility for
addressing long term watershed planning and conservation and wish to continue
providing for planning and implementation of various activities and projects. The
proposed ILA has been updated to reflect the current goals and purposes of the WRIA 8
ILA parties. Ratification of the ILA would continue the City's support for preservation
and restoration of salmon habitat in the Lake Washington, Cedar and Sammamish River
watershed.
WRIA 8 includes the Cedar River watershed area, of which Rock Creek is a tributary.
The City of Kent's Clark Springs municipal water supply is located in the Rock Creek
subwatershed and, during certain times of the year, provides a majority of the city's
water supply. The City considers the plan when making management decisions in the
Rock Creek watershed, but would not be required through the ILA to implement any
plan requirement or goal if doing so would threaten or harm the City's ability to provide
a safe, secure and adequate water supply to its citizens.
Exhibit: Interlocal Agreement
Budget Impact: None
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9
INTERLOCAL AGREEMENT
For the Watershed Basins within Water Resource Inventory Area 8
PREAMBLE
THIS AGREEMENT ("Agreement') is entered into pursuant to Chapter 39.34 RCW by and
among the eligible county and city governments signing this agreement that are located in King
and Snohomish Counties, lying wholly or partially within the management area of Watershed
Resource Inventory Area ("WRIA") 8, which includes all or portions of the Lake Washington,
Cedar River, and Sammamish River basins, all political subdivisions of the State of Washington
(individually for those signing this Agreement, "party", and collectively"parties"). The parties
share interests in and responsibility for addressing long-term watershed planning and
conservation.
WHEREAS, the parties share interests in and responsibility for addressing long-term
watershed planning and conservation of the aquatic ecosystems and floodplains for purposes of
implementing the Lake Washington/Cedar/Sammamish Watershed (WRIA 8) Chinook Salmon
Conservation Plan ("WRIA 8 Plan") and improving watershed health for the watershed basins in
WRIA 8 and wish to provide for funding and implementation of various activities and projects
therein, and
WHEREAS, Puget Sound Chinook salmon, including the WRIA 8 Cedar and Sammamish
populations, were listed as threatened under the Endangered Species Act (ESA) in 1999, and
WHEREAS, the parties recognize their participation in this Agreement demonstrates their
commitment to proactively working to address the ESA listing of Chinook salmon, and
WHEREAS, the parties recognize achieving WRIA 8 salmon recovery and watershed
health goals requires a recommitment to, and acceleration of, the collaborative implementation
and funding of salmon recovery actions, and
WHEREAS, the parties have participated in an Interlocal Agreement for the years 2001-
2005 to develop the WRIA 8 Plan, contributed to the federally-approved Puget Sound Salmon
Recovery Plan, and desire to continue providing efficient participation in the implementation of
such plans, and
WHEREAS, the parties took formal action in 2005 and 2006 to ratify the WRIA 8 Plan,
and
WHEREAS, the parties have participated in an extension of the 2001-2005 Interlocal
Agreement and an Interlocal Agreement for the years 2007-2015 to implement the WRIA 8 Plan,
and
WHEREAS, the parties seek information on watershed conditions and salmon
conservation and recovery needs to inform local decision-making bodies regarding actions in
response to listings under the ESA, and
10
WHEREAS, the parties have prioritized and contributed resources and funds for
implementing projects and programs to protect and restore salmon habitat, and
WHEREAS, the parties wish to monitor and evaluate implementation of the WRIA 8 Plan
through adaptive management, and
WHEREAS,the parties wish to continue to use adaptive management for identifying,
coordinating and implementing basin plans and water quality, flood hazard reduction, water
quantity, and habitat projects in the watersheds, and
WHEREAS, the parties recognize climate change is likely to affect watershed ecosystem
function and processes, and salmon habitat restoration actions are a proactive approach to
making the watershed ecosystem more resilient to changing conditions, which supports
watershed health for human communities and salmon populations, and
WHEREAS, the parties have an interest in participating on the Puget Sound Salmon
Recovery Council and other groups associated with Puget Sound recovery because of the
contributions of the Lake Washington/Cedar/Sammamish Watershed to the overall health of
Puget Sound and to collectively seek funding to implement the WRIA 8 Plan, and
WHEREAS, the parties have an interest in participating on the Washington Salmon
Coalition and other groups associated with the Salmon Recovery Funding Board to collectively
seek funding to implement the WRIA 8 Plan, and
WHEREAS, the parties have an interest in supporting implementation of the Puget
Sound Partnership Action Agenda to restore the health of Puget Sound as it relates to salmon
recovery and WRIA 8 priorities, and
WHEREAS, the parties recognize the importance of efforts to protect and restore habitat
for multiple species in the Lake Washington/Cedar/Sammamish Watershed, including Lake
Sammamish kokanee, and will seek opportunities to partner and coordinate Chinook recovery
efforts with these other efforts where there are overlapping priorities and benefits, and
WHEREAS, the parties have an interest in achieving multiple benefits by integrating
salmon recovery planning and actions with floodplain management, water quality and agriculture,
and
WHEREAS, the parties recognize that identification of watershed issues, and
implementation of salmon conservation and recovery actions may be carried out more efficiently if
done cooperatively than if carried out separately and independently,
NOW, THEREFORE, in consideration of the mutual promises, benefits and covenants
contained herein, the parties hereto do mutually covenant and agree as follows:
11
MUTUAL COVENANTS AND AGREEMENTS
1. DEFINITIONS. For purposes of this Agreement, the following terms shall have the meaning
provided for below:
1.1. ELIGIBLE JURISDICTIONS: The governments eligible for participation in this Agreement
as parties are the Counties of King and Snohomish, the cities of Bellevue, Bothell, Brier,
Clyde Hill, Edmonds, Everett, Issaquah, Kenmore, Kent, Kirkland, Lake Forest Park,
Lynnwood, Maple Valley, Medina, Mercer Island, Mill Creek, Mountlake Terrace,
Mukilteo, Newcastle, Redmond, Renton, Sammamish, Seattle, Shoreline, Woodinville,
the towns of Beaux Arts, Hunts Point, Woodway and Yarrow Point, and other interested
public agencies and tribes.
1.2. WRIA 8 SALMON RECOVERY COUNCIL: The WRIA 8 Salmon Recovery Council
created herein is the governing body responsible for implementing this Agreement and is
comprised of members who are designated representatives of eligible jurisdictions who
have authorized the execution of and become parties to this Agreement. In addition, the
WRIA 8 Salmon Recovery Council includes members who are not representatives of
the parties and are comprised of a balance of stakeholder representatives and any other
persons who are deemed by the parties to this Agreement to be appropriate for the
implementation and adaptive management of the WRIA 8 Plan. The appointed
representatives of parties will appoint the members who are not representing parties,
using the voting provisions of Section 5 of this Agreement.
1.3. LAKE WASHINGTON/CEDAR/SAMMAMISH WATERSHED(WRIA 8) CHINOOK
SALMON CONSERVATION PLAN, JULY 2005: WRIA 8 Plan as referred to herein is
the three volume document, and any subsequent updates adopted in accordance with
the procedures provided for in Section 6 below, developed in partnership with
stakeholder representatives and ratified by the parties to this Agreement for the purposes
of preserving, protecting, and restoring habitat with the intent to recover listed species,
including sustainable, genetically diverse, harvestable populations of naturally spawning
Chinook salmon.
1.4 MANAGEMENT COMMITTEE: Management Committee as referred to herein consists
of five (5) elected officials or their designees which elected officials are chosen by the
party members of the WRIA 8 Salmon Recovery Council, according to the voting
procedures in Section 5, and charged with staff oversight and administrative duties on the
WRIA 8 Salmon Recovery Council's behalf.
1.5 SERVICE PROVIDER(S): Service Provider(s), as used herein, means that agency,
government, consultant or other entity which supplies staffing or other resources to and
for the WRIA 8 Salmon Recovery Council, in exchange for payment. The Service
Provider(s) may be a party to this Agreement.
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1.6 FISCAL AGENT: The Fiscal Agent refers to that agency or government which performs
all accounting services for the WRIA 8 Salmon Recovery Council, as it may require, in
accordance with the requirements of Chapter 39.34 RCW.
1.7 STAKEHOLDERS: Stakeholders refers to those public and private entities within the
WRIA who reflect the diverse interests integral for planning, implementation, and
adaptive management for the recovery of the listed species under the Endangered
Species Act, and may include but are not limited to environmental and business interests.
2. PURPOSES.The purposes of this Agreement include the following:
2.1 To provide a mechanism and governance structure for the implementation and adaptive
management of the implementation of the WRIA 8 Plan
2.2 To share the cost of the WRIA 8 Service Provider team to coordinate and provide the
services necessary for the successful implementation and management of the WRIA 8
Plan. The maximum financial or resource obligation of any participating eligible
jurisdiction under this Agreement shall be limited to its share of the cost of the Service
Provider staff and associated operating costs.
2.3 To provide a mechanism for securing technical assistance and funding from state
agencies or other sources.
2.4 To provide a mechanism for the implementation of other multiple benefit habitat, water
quality and floodplain management projects with local, regional, state, federal and non-
profit funds as may be contributed to or secured by the WRIA 8 Salmon Recovery
Council.
2.5 To annually recommend WRIA 8 salmon recovery programs and projects for funding by
the King County Flood Control District through the District's Cooperative Watershed
Management grant program.
2.6 To serve as the salmon recovery "Lead Entity" as designated by state law (Chapter 77.85
RCW) for WRIA 8, The Lead Entity is responsible for developing a salmon recovery
strategy, working with project sponsors to develop projects, convening local technical and
citizen committees to annually recommend WRIA 8 salmon habitat restoration and
protection projects for funding by the State of Washington Salmon Recovery Funding
Board, and representing WRIA 8 in Puget Sound region and state wide salmon recovery
forums.
2.7 To provide a framework for cooperation and coordination among the parties on issues
relating to the implementation and management of the implementation of the WRIA 8
Plan and to meet the requirement or a commitment by any party to participate in WRIA-
based or watershed basin planning in response to any state or federal law which may
require such participation as a condition of any funding, permitting or other program of
state or federal agencies, at the discretion of such party to this Agreement.
13
2.8 To .develop and articulate WRIA-based positions on salmon habitat, conservation and
funding to state and federal legislators.
2.9 To provide for the ongoing participation of citizens and other stakeholders in such efforts
and to ensure continued public outreach efforts to educate and garner support for current
and future ESA efforts.
2.10 To provide information for parties to use to inform land use planning, regulations, and
outreach and education programs.
2.11 To provide a mechanism for on-going monitoring and adaptive management of the WRIA
8 Plan as defined in the Plan.
It is not the purpose or intent of this Agreement to create, supplant, preempt or supersede the
authority or role of any individual jurisdiction or water quality policy bodies such as the Regional
Water Quality Committee.
3. EFFECTIVE DATE AND TERM. This Agreement shall become effective on January 1, 2016
provided it has been signed by that date by at least nine (9) of the eligible jurisdictions within
WRIA 8 representing at least seventy percent (70%) of the affected population, as authorized by
each jurisdiction's legislative body, and further provided that after such signatures this Agreement
has been filed by King County and Snohomish County in accordance with the terms of RCW
39.34.040 and .200. If such requirements are not met by January 1, 2016, then the effective date
of this Agreement shall be the date on which such requirements are met. This Agreement
provides the mechanism and governance structure for implementation of the WRIA 8 Plan from
January 1, 2016 through December 31, 2025. Once effective, this Agreement shall remain in
effect through December 31, 2025, provided, however, that this Agreement may be extended for
such additional terms as the parties may agree to in writing, with such extension being effective
upon its execution by at least nine (9) of the eligible jurisdictions within WRIA 8 representing at
least seventy per cent (70%) of the affected population,.
4. ORGANIZATION AND NATURE OF WRIA 8 SALMON RECOVERY COUNCIL. The parties
hereby establish a governing body for WRIA 8 and the Lake Washington-Cedar and Sammamish
watershed basins and associated Puget Sound drainages (hereinafter the "WRIA 8 Salmon
Recovery Council') the precise boundaries of which are established in Chapter 173-500 WAC,
or as determined by the WRIA 8 Salmon Recovery Council, to serve as the formal governance
structure for carrying out the purposes of this Agreement in partnership with non-party members.
Each party to this agreement shall appoint one (1) elected official to serve as its representative on
the WRIA 8 Salmon Recovery Council. The WRIA 8 Salmon Recovery Council is a voluntary
association of the county and city governments, and other interested public agencies and tribes,
located wholly or partially within the management area of WRIA 8 and the Lake
Washington/Cedar/Sammamish watershed basins and associated Puget Sound drainages who
14
choose to be parties to this Agreement. Representatives from stakeholder entities who are
selected under the voting provisions of Section 5.2 of this agreement are also part of this
association.
4.1 Upon the effective execution of this agreement and the appointment of representatives to
the WRIA 8 Salmon Recovery Council, the party members of the WRIA 8 Salmon
Recovery Council shall meet and choose from among its members, according to the
voting provisions of Section 5, five (5) elected officials or their designees, to serve as a
Management Committee to oversee and direct the funds and personnel contributed
under this Agreement, in accordance with the adopted annual budget and such other
directions as may be provided by the party members of the WRIA 8 Salmon Recovery
Council. Representatives of the Fiscal Agent and Service Provider may serve as non-
voting ex off icio members of the Management Committee. The Management
Committee shall act as an executive subcommittee of the WRIA 8 Salmon Recovery
Council, responsible for oversight and evaluation of any Service Providers or
consultants, for administration of the budget, and for providing recommendations on
administrative matters to the WRIA 8 Salmon Recovery Council for action, consistent
with the other subsections of this section.
4.1.1 Services to the WRIA 8 Salmon Recovery Council for the term of this
agreement shall be provided by King County Department of Natural Resources
which shall be the primary Service Provider unless the party members pursuant
to the voting provisions of Section 5 choose another primary Service Provider.
The Management Committee shall prepare a Memorandum of Understanding to
be signed by an authorized representative of King County and an authorized
representative of WRIA 8, which shall set out the expectations for services to be
provided. Services should include, without limitation, identification of and job
descriptions for dedicated staff in increments no smaller than .5 FTE, description
of any supervisory role retained by the Service Providerover any staff
performing services under this Agreement, and a method of regular consultation
between the Service Provider and the Management Committee concerning the
performance of services hereunder.
4.1.2 The Management Committee shall make recommendations to the party
members of the WRIA 8 Salmon Recovery Council for action, including
decisions related to work program, staffing and service agreements, and budget
and financial operations, annually for each year of this Agreement. All duties of
the Management Committee shall be established by the party members of the
WRIA 8 Salmon Recovery Council.
15
4.2 The party members of the WRIA 8 Salmon Recovery Council shall have the authority
and mandate to establish and adopt the following:
4.2.1 By September 1 of each year, establish and approve an annual budget,
establishing the level of funding and total resource obligations of the parties
which are to be allocated on a proportional basis according to the average of the
population, assessed valuation and area attributable to each party to the
Agreement, in accordance with the formula set forth in Exhibit A, which formula
shall be updated every third year by the WRIA 8 Salmon Recovery Council, as
more current data become available, and in accordance with Section 2.2.
Individual party cost shares may change more frequently than every three years
for parties involved in an annexation that changes the area, population, and
assessed value calculation of such party to the extent that the cost shares
established by the formula set forth in Exhibit A would be changed by such
annexation. For parties that are not county or city governments, the level of
funding and resource obligation will be determined in communications with the
Management Committee, which will develop a recommendation for review and
approval by, the WRIA 8 Salmon Recovery Council.
4.2.2 Review and evaluate annually the duties to be assigned to the Management
Committee hereunder and the performance of the Fiscal Agent and Service
Provider(s)to this Agreement, and provide for whatever actions it deems
appropriate to ensure that quality services are efficiently, effectively and
responsibly delivered in the performance of the purposes of this Agreement. In
evaluating the performance of any Service Provider(s), at least every three (3)
years, the WRIA 8 Salmon Recovery Council may retain an outside consultant
to perform a professional assessment of the work and services so provided.
Evaluations of the Service Provider(s) shall occur in years 3, 6, and 9 of the
Agreement
4.2.3 Oversee and administer the expenditure of budgeted funds and allocate the
utilization of resources contributed by each party or obtained from other sources
in accordance with an annual prioritized list of implementation and adaptive
management activities within the WRIA during each year of this Agreement.
4.3 The WRIA 8 Salmon Recovery Council through the primary Service Provider may
contract with similar watershed forum governing bodies or any other entities for any
lawful purpose related hereto, including specific functions and tasks which are initiated
and led by another party to this Agreement beyond the services provided by the primary
Service Provider. The parties may choose to create a separate legal or administrative
entity under applicable state law, including without limitation a nonprofit corporation or
16
general partnership, to accept private gifts, grants or financial contributions, or for any
other lawful purposes.
4.4 The party members of the WRIA 8 Salmon Recovery Council shall adopt other rules
and procedures that are consistent with its purposes as stated herein and are necessary
for its operation.
5. VOTING. The party members on the WRIA 8 Salmon Recovery Council shall make decisions,
approve scope of work, budget, priorities and any other actions necessary to carry out the
purposes of this Agreement as follows:
5.1 No action or binding decision will be taken by the WRIA 8 Salmon Recovery Council
without the presence of a quorum of active party members. A quorum exists if a majority
of the party members are present at the WRIA 8 Salmon Recovery Council meeting,
provided that positions left vacant on the WRIA 8 Salmon Recovery Council by parties
shall not be included in calculating the quorum. In addition, positions will be considered
vacant on the third consecutive absence and shall not be included in calculating a
quorum until that time in which the party member is present. The voting procedures
provided for in 5.1.1 through 5.1.2 are conditioned upon there being a quorum of the
active party members present for any action or decision to be effective and binding.
5.1.1 Decisions shall be made using a consensus model as much as possible. Each
party agrees to use its best efforts and exercise good faith in consensus
decision-making. Consensus may be reached by unanimous agreement of the
party members at the meeting, or by a majority recommendation agreed upon by
the active party members, with a minority report. Any party who does not accept
a majority decision may request weighted voting as set forth below.
5.1.2 In the event consensus cannot be achieved, as determined by rules and
procedures adopted by the WRIA 8 Salmon Recovery Council, the WRIA 8
Salmon Recovery Council shall take action on a dual-majority basis, as follows:
5.1.2.1 Each party, through its appointed representative, may cast its weighted
vote in connection with a proposed WRIA 8 Salmon Recovery Council
action.
5.1.2.2 The weighted vote of each party in relation to the weighted votes of each
of the other parties shall be determined by the percentage of the annual
contribution by each party set in accordance with Subsection 4.2.1 in the
year in which the vote is taken.
5.1.2.3 For any action subject to weighted voting to be deemed approved, an
affirmative vote must be cast by both a majority of the active party
members to this Agreement and by a majority of the weighted votes of
the active party members to this Agreement. No action shall be valid
17
and binding on the parties to this Agreement until it shall receive majority
of votes of both the total number of active party members to the
Agreement and of the active members representing a majority of the
annual budget contribution for the year in which the vote is taken. A vote
of abstention shall be recorded as a "no" vote.
5.2 The party members on the WRIA 8 Salmon Recovery Council may deem it appropriate
to appoint to the WRIA 8 Salmon Recovery Council non-party stakeholder
representatives and other persons who are appropriate for the implementation and
adaptive management of the WRIA 8 Plan.
5.2.1 Nomination of such non-party members may be made by any member of the
WRIA 8 Salmon Recovery Council. Appointment to the WRIA 8 Salmon
Recovery Council of such non-party members requires either consensus or dual
majority of party members as provided in Section 5.1.
5.2.2 The party members on the WRIA 8 Salmon Recovery Council may deem it
appropriate to allow non-party members to vote on particular WRIA 8 Salmon
Recovery Council decisions. The party members may determine which issues
are appropriate for non-party voting by either consensus or majority as provided
in Sections 5.1, except in the case where legislation requires non-party member
votes.
5.2.3 Decisions of the entire WRIA 8 Salmon Recovery Council, both party and non-
party members, shall be made using a consensus model as much as possible.
Voting of the entire WRIA 8 Salmon Recovery Council will be determined by
consensus or majority as provided in Sections 5.1 and a majority of the non-party
members.
6. ADAPTIVE MANAGEMENT OF THE WRIA 8 CHINOOK SALMON CONSERVATION PLAN.
The WRIA 8 Plan shall be implemented with an adaptive management approach. Such an
approach anticipates updates and amendments to the WRIA 8 Plan. Such amendments to be
effective and binding must comply with the following provisions:
6.1 The WRIA 8 Salmon Recovery Council shall act to approve or remand any WRIA 8
Plan amendments prepared and recommended by the committees of the WRIA 8
Salmon Recovery Council within ninety (90) calendar days of receipt of the plan
amendments, according to the voting procedures described in Section 5.
6.2 In the event that any amendments are not so approved, they shall be returned to the
committees of the WRIA 8 Salmon Recovery Council for further consideration and
amendment and thereafter returned to the WRIA 8 Salmon Recovery Council for
decision.
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6.3 After approval of the WRIA 8 Plan amendments by the WRIA 8 Salmon Recovery
Council, the plan amendments shall be referred to the parties to this Agreement for
ratification prior to the submission to any federal or state agency for further action.
Ratification means an affirmative action, evidenced by a resolution, motion, or ordinance
of the jurisdiction's legislative body, by at least nine (9)jurisdictions within WRIA 8
representing at least seventy per cent (70%) of the total population of WRIA 8. Upon
ratification, the WRIA 8 Salmon Recovery Council shall transmit the updated WRIA 8
Plan to any state or federal agency as may be required for further action.
6.4 In the event that any state or federal agency to which the WRIA 8 Plan or amendments
thereto are submitted shall remand the WRIA 8 Plan or amendments thereto for further
consideration, the WRIA 8 Salmon Recovery Council shall conduct such further
consideration and may refer the plan or amendments to the committees of the WRIA 8
Salmon Recovery Council for recommendation on amendments thereto.
6.5 The parties agree that any amendments to the WRIA 8 Plan shall not be forwarded
separately by any of them to any state or federal agency unless it has been approved
and ratified as provided herein.
7. OBLIGATIONS OF PARTIES; BUDGET; FISCAL AGENT; RULES.
7.1 Each party shall be responsible for meeting its financial obligations hereunder as
described in Section 2.2, and established in the annual budget adopted by the WRIA 8
Salmon Recovery Council under this Agreement and described in Section 4.2.1.
The maximum funding responsibilities imposed upon the parties during the first year of
this Agreement shall not exceed the amounts set forth in Exhibit A, which shall be
updated every third year as described in Section 4.2.1, or as annexations result in
changes to the area, population, and assessed value calculation for those parties
involved in the annexation to the extent that the cost shares established by the formula
set forth in Exhibit A would be changed for such parties by the annexation
7.2 No later than September 1 of each year of this Agreement, the WRIA 8 Salmon
Recovery Council shall adopt a budget, including its overhead and administrative costs,
for the following calendar year. The budget shall propose the level of funding and other
responsibilities (e.g. staffing) of the individual parties for the following calendar year and
shall propose the levels of funding and resources to be allocated to specific prioritized
implementation and adaptive management activities within the WRIA. The parties shall
thereafter take whatever separate legislative or other actions that may be necessary to
timely address such individual responsibilities under the proposed budget, and shall have
done so no later than December 1st of each such year.
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7.3 Funds collected from the parties or other sources on behalf of the WRIA 8 Salmon
Recovery Council shall be maintained in a special fund by King County as Fiscal Agent
and as ex officio treasurer on behalf of the WRIA 8 Salmon Recovery Council pursuant
to rules and procedures established and agreed to by the WRIA 8 Salmon Recovery
Council. Such rules and procedures shall set out billing practices and collection
procedures and any other procedures as may be necessary to provide for its efficient
administration and operation. Any party to this Agreement may inspect and review all
records maintained in connection with such fund at any reasonable time.
8. LATECOMERS. A county or city government, or other interested public agency or tribe in King or
Snohomish County lying wholly or partially within the management area of WRIA 8 and the Lake
Washington-Cedar and Sammamish watershed basins and adjacent Puget Sound drainages
which has not become a party to this Agreement within twelve (12) months of the effective date of
this Agreement may become a party only with the written consent of all the parties. The
provisions of Section 5 otherwise governing decisions of the WRIA 8 Salmon Recovery Council
shall not apply to Section 8. The parties and the county, city, or other public agency or tribe
seeking to become a party shall jointly determine the terms and conditions under which the
county, city, or other public agency or tribe may become a party. These terms and conditions
shall include payment by such county, city, or other public agency or tribe to the Fiscal Agent of
the amount determined jointly by the parties and the county, city, or other public agency or tribe to
represent such county, city, or other public agency or tribe's fair and proportionate share of all
costs associated with activities undertaken by the WRIA 8 Salmon Recovery Council and the
parties on its behalf as of the date the county, city, or other public agency or tribe becomes a
party. Any county, city, or other public agency or tribe that becomes a party pursuant to this
section shall thereby assume the general rights and responsibilities of all other parties to this
Agreement. After the inclusion of such entity as a party to this Agreement, the formula for party
contribution shall be adjusted for the following year to reflect the addition of this new party.9.
TERMINATION. This Agreement may be terminated by any party, as to that party only,
upon sixty (60) calendar days' written notice to all other parties. The terminating party shall
remain fully responsible for meeting all of its funding and other obligations through the end of the
calendar year in which such notice is given, together with any other costs that may have been
incurred on behalf of such terminating party up to the effective date of such termination. This
Agreement may be terminated at any time by the written agreement of all parties. It is possible
that the makeup of the parties to this Agreement may change from time to time. Regardless of
any such changes, the parties choosing not to exercise the right of termination shall each remain
obligated to meet their respective share of the obligations of the WRIA 8 Salmon Recovery
Council as reflected in the annual budget.
20
10. HOLD HARMLESS AND INDEMNIFICATION. To the extent permitted by state law, and for the
limited purposes set forth in this agreement, each party shall protect, defend, hold harmless and
indemnify the other parties, their officers, elected officials, agents and employees, while acting
within the scope of their employment as such, from and against any and all claims (including
demands, suits, penalties, liabilities, damages, costs, expenses, or losses of any kind or nature
whatsoever) arising out of or in any way resulting from such party's own negligent acts or
omissions related to such party's participation and obligations under this Agreement. Each party
agrees that its obligations under this subsection extend to any claim, demand and/or cause of
action brought by or on behalf of any of its employees or agents. For this purpose, each party, by
mutual negotiation, hereby waives, with respect to the other parties only, any immunity that would
otherwise be available against such claims under the industrial insurance act provisions of Title
51 RCW. The provisions of this subsection shall survive and continue to be applicable to parties
exercising the right of termination pursuant to Section 9.
11. NO ASSUMPTION OF LIABILITY. In no event do the parties to this Agreement intend to assume
any responsibility, risk or liability of any other party to this Agreement or otherwise with regard to
any party's duties, responsibilities or liabilities under the Endangered Species Act, or any other
act, statute or regulation of any local municipality or government, the State of Washington or the
United States.
12. VOLUNTARY AGREEMENT. This is a voluntary agreement and it is acknowledged and agreed
that, in entering into this Agreement, no party is committing to adopt or implement any actions or
recommendations that may be contained in the WRIA 8 Plan pursuant to this Agreement.
13. NO PRECLUSION OF ACTIVITIES OR PROJECTS. Nothing herein shall preclude any one or
more of the parties to this Agreement from choosing or agreeing to fund or implement any work,
activities or projects associated with any of the purposes hereunder by separate agreement or
action, provided that any such decision or agreement shall not impose any funding, participation
or other obligation of any kind on any party to this Agreement which is not a party to such
decision or agreement.
14. NO THIRD PARTY RIGHTS. Nothing contained in this Agreement is intended to, nor shall it be
construed to, create any rights in any third party, including without limitation the non-party
members, NMFS, USFWS, any agency or department of the United States, or the State of
Washington, or to form the basis for any liability on the part of the WRIA 8 Salmon Recovery
Council or any of the parties, or their officers, elected officials, agents and employees, to any
third party.
15. AMENDMENTS.This Agreement may be amended, altered or clarified only by the unanimous
consent of the parties to this Agreement, represented by affirmative action by their legislative
bodies.
16. COUNTERPARTS. This Agreement may be executed in counterparts.
21
17. APPROVAL BY PARTIES' GOVERNING BODIES. The governing body of each party must
approve this Agreement before any representative of such party may sign this Agreement.
18. FILING OF AGREEMENT. This Agreement shall be filed by King County and Snohomish
County in accordance with the provisions of RCW 39.34.040 and .200 and with the terms of
Section 3 herein.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the dates indicated below:
Approved as to form: TOWN OF BEAUX ARTS VILLAGE:
By: By:
Title: Title:
Date: Date:
zz
Approved as to form: CITY OF BELLEVUE:
By: By:
Title: Title:
Date: Date:
23
Approved as to form: CITY OF BOTHELL:
By: By:
Title: Title:
Date: Date:
24
Approved as to form: CITY OF CLYDE HILL:
By: By:
Title: Title:
Date: Date:
25
Approved as to form: CITY OF EDMONDS:
By: By:
Title: Title:
Date: Date:
26
Approved as to form: TOWN OF HUNTS POINT:
By: By:
Title: Title:
Date: Date:
27
Approved as to form: CITY OF ISSAQUAH:
By: By:
Title: Title:
Date: Date:
2s
Approved as to form: CITY OF KENMORE:
By: By:
Title: Title:
Date: Date:
29
Approved as to form: CITY OF KENT:
By: By:
Title: Title:
Date: Date:
30
Approved as to form: KING COUNTY:
By: By:
Title: Title:
Date: Date:
31
Approved as to form: CITY OF KIRKLAND:
By: By:
Title: Title:
Date: Date:
32
Approved as to form: CITY OF LAKE FOREST PARK:
By: By:
Title: Title:
Date: Date:
33
Approved as to form: CITY OF MAPLE VALLEY:
By: By:
Title: Title:
Date: Date:
34
Approved as to form: CITY OF MEDINA:
By: By:
Title: Title:
Date: Date:
35
Approved as to form: CITY OF MERCER ISLAND:
By: By:
Title: Title:
Date: Date:
36
Approved as to form: CITY OF MILL CREEK:
By: By:
Title: Title:
Date: Date:
37
Approved as to form: CITY OF MOUNTLAKE TERRACE:
By: By:
Title: Title:
Date: Date:
38
Approved as to form: CITY OF MUKILTEO:
By: By:
Title: Title:
Date: Date:
39
Approved as to form: CITY OF NEWCASTLE:
By: By:
Title: Title:
Date: Date:
40
Approved as to form: CITY OF REDMOND:
By: By:
Title: Title:
Date: Date:
41
Approved as to form: CITY OF RENTON:
By: By:
Title: Title:
Date: Date:
42
Approved as to form: CITY OF SAMMAMISH:
By: By:
Title: Title:
Date: Date:
43
Approved as to form: CITY OF SEATTLE:
By: By:
Title: Title:
Date: Date:
44
Approved as to form: CITY OF SHORELINE:
By: By:
Title: Title:
Date: Date:
45
Approved as to form: SNOHOMISH COUNTY:
By: By:
Title: Title:
Date: Date:
46
Approved as to form: CITY OF WOODINVILLE:
By: By:
Title: Title:
Date: Date:
47
Approved as to form: TOWN OF WOODWAY:
By: By:
Title: Title:
Date: Date:
48
Approved as to form: TOWN OF YARROW POINT:
By: By:
Title: Title:
Date: Date:
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PUBLIC WORKS DEPARTMENT
� Timothy J. LaPorte, P.E. Public Works Director
Phone: 253-856-5500
rEwta Fax: 253-856-6500
Address: 400 West Gowe Street
Kent, WA 98032-5895
Date: July 23, 2015
To: Chair Dennis Higgins and Public Works Committee Members
PW Committee Meeting Date: August 3, 2015
From: Kathy Hardy, Commute Trip Reduction Coordinator
Through: Kelly Peterson, AICP, Special Projects and Transportation Engineering Mgr.
Chad Bieren, P.E., City Engineer
Subject: Grant Acceptance for 2015-2017 Commute Trip Reduction Program
Motion: Move to recommend the City Council authorize the Mayor to sign the
Federal/State Transportation Demand Management Implementation
Agreement with the Washington State Department of Transportation, subject
to final terms and conditions of the City Attorney and Public Works Director.
Summary: The City has been offered a grant of $106,007 in order to implement
commute trip reduction ("CTR") during the 2015-2017 state budget biennium. This
grant allows the City to continue to assist 32 businesses in Kent that are required by
state law, due to number of employees, to participate in commute trip reduction. The
City also provides assistance to additional businesses that volunteer to participate in
commute trip reduction. The City provides training and information, helps develop
innovative commute trip reduction strategies, and assists the businesses in completing
their required reports and surveys.
Exhibit: Federal/State Transportation Demand Management Implementation
Agreement
Budget Impact: The grant is used to pay for the CTR Coordinator position, ancillary
costs, and promotional materials
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53
Federal/State Transportation Demand Management
Implementation Agreement
Washington State Department of Contractor
Transportation City of Kent
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("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
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 1 of 16
54
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
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
55
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. hi 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
56
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.
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. hi 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
57
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. hi 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
2. The requisite state, local, or federal funding is reduced or becomes unavailable
through failure of appropriation or otherwise; or
GCB2161 Page 5 of 16
58
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.
GCB2161 Page 6 of 16
59
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.
GCB2161 Page 7 of 16
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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.
IN WITNESS WHEREOF, the PARTIES hereto have executed this AGREEMENT the day and
year last signed below.
GCB2161 Page 8 of 16
61
WASHINGTON STATE CONTRACTOR
DEPARTMENT OF TRANSPORTATION
By: By:
Brian Lagerberg
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:
By: Susan Cruise
Assistant Attorney General
Date: July 1, 2015
GCB2161 Page 9 of 16
62
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
63
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.aov/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.
GCB2161 Page 11 of 16
64
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 W SDOT.
GCB2161 Page 12 of 16
65
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
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
GCB2161 Page 13 of 16
Exhibit 3 MINORITY BUST SES
MARK BOX(ES) IF APPROPRIATE
PU M Washill�ytUdl State
Department ofTranspartal Invoice Voucher W 0 %
E
VENDOR OR CLAIMANT(WARRANT TO BE PAYABLE TO) VENDORS CERTIFICATE.I hereby certify under penalty of perjury that the items and
total listed herein are proper charges for mate pals,merchandise or services furnished to
agency the State of Washington,and that all goods furnished and/or services rendered have
been provided without discrimination on the grounds of race,creed,color national origin,
address sex or age
city, state ZIP BY(SIGNATURES IN INK)
contact name Phone# email
FEDERAL ID.NUMBER OR SOCIAL SECURYTY NUMBER TITLE DATE
(FOR REPORTINGPERSONAL SVCS.CONTRACT PAYMENT TO IRS) DD-DDDDDDD
INSTRUCTIONS TO VENDOR OR CLAIMANT: Show complete detail for each item below.
DATE CURRENT EXPENDITURES
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
ACCOUNT CONTROL SECTION FEDERAL
JOB NUMBER WORKOP OJB SUB ORG.NUMBER EQUIPMENT NUMBER NON-PARTICIPATING NET AMOUNT
OBJ ORDER NUMBER
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
67
EXHIBIT 4
Final Project Progress Report
Commute Trip Reduction (CTR) Final Project Report
Biennium: 2015-2017 1 Date:
Organization: I IAgreement number: I 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 Ian s ?
What were your major challenges this biennium? How did they hinder your
progress toward the goals in yourjurisdiction's CTR Ian 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
68
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:
GCB2161 Page 16 of 16
69
PUBLIC WORKS DEPARTMENT
� Timothy J. LaPorte, P.E. Public Works Director
Phone: 253-856-5500
rEwta Fax: 253-856-6500
Address: 400 West Gowe Street
Kent, WA 98032-5895
Date: July 23, 2015
To: Chair Dennis Higgins and Public Works Committee Members
PW Committee Meeting Date: August 3, 2015
From: Kathy Hardy, Commute Trip Reduction Coordinator
Through: Kelly Peterson, AICP, Special Projects and Transportation Engineering Mgr.
Chad Bieren, P.E., City Engineer
Subject: Contract Amendment to Extend 913 Bus Service for Five Additional
Years
Motion: Move to recommend the City Council authorize the Mayor to sign
Amendment No. 1 to the Transit Service Direct Financial Partnership
Agreement with King County Metro, subject to final terms and conditions of
the City Attorney and Public Works Director.
Summary: In 2006, King County voters passed the Transit Now Initiative, which allows
cities to enter into partnership with King County to initiate new transit service. Sharing
the cost allows needed bus service to come online sooner than would be possible without
the partnership. In 2008, the City entered into an agreement with King County Metro to
provide new bus service in the City of Kent. The City agreed to pay one third of the
operating costs of the new Route 913 and King County agreed to pay two thirds of the
operating costs. In 2011, Routes 913 and 918 were combined in order to reduce
operating costs while preserving service. The current agreement expires in September
2015 and pursuant to the terms of the agreement, the City and King County can extend
it for five years. King County Metro anticipates that the City's share of the costs will be
reduced by seven percent beginning in September 2015, from $132,900 per year to
$123,597 per year.
Exhibit: Amendment No. 1 to the Transit Service Direct Financial Partnership Agreement
Budget Impact: The City's costs are already included in the 2015-2016 biennial budget
70
AMENDMENT No. 1
to the
TRANSIT SERVICE DIRECT FINANCIAL PARTNERSHIP AGREEMENT
between
KING COUNTY
and
THE CITY OF KENT, WASHINGTON
This Amendment No. 1 to the Transit Service Direct Financial Partnership Agreement
("Amendment No. 1" or the "First Amendment") is made by and between King County, a
home rule charter county of the State of Washington, by and through its Department of
Transportation, Metro Transit Division (hereinafter the "County" or "Metro Transit") and the
City of Kent, a Washington municipal corporation ("Service Partner,"whether one entity or
multiple entities), both of which entities may be referred to hereinafter individually as "Party"
or collectively as the "Parties."
WHEREAS, on December 4, 2008 the Parties entered into a Transit Service Direct Financial
Partnership Agreement(the "Agreement"); and
WHEREAS, Section 4.1 of the Agreement provides that the Agreement will expire six years
after the start of the service, unless extended pursuant to the terms of the Agreement; and
WHEREAS, Section 4.1 of the Agreement further provides that if, after six years the enhanced
transit service is deemed viable by the County pursuant to the performance indicators set forth
in Section 2.2 of the Agreement and the additional performance benchmarks specified in
Attachment A of the Agreement, and the Service Partner desires to have Metro continue to
provide the enhanced transit service beyond the initial period,the Agreement may be extended
by the Transit General Manager for an additional five years without additional approval of the
King County Council; and
WHEREAS, the transit service enhancements provided for in the Agreement were
implemented on or about September 19, 2009; and
WHEREAS, the Parties now desire to extend the Agreement for an additional five-year period;
and
WHEREAS, Section 7 of the Agreement provides that the Agreement may be amended or
modified by written agreement of the Parties, and further provides that such amendments and
modifications may be made for the County by Metro's General Manager when such
amendments are consistent with the intent and purpose of the Agreement;
AMENDMENT NO. 1 to the Transit Service Direct Financial Partnership Agreement
between King County and the city of Kent,Washington
Page 1 of 2
71
NOW, THEREFORE, in consideration of the terms, conditions and mutual covenants set forth
herein, the Parties agree to amend the Agreement as follows:
1. Extension of Term of Agreement
As provided for in Section 4.1, the Agreement is extended until September 19, 2020.
2. No Other Modifications.
Except as specifically provided for in this Amendment No. 1, all other provisions of the
Agreement shall remain unchanged and in full force and effect.
3. Effective Date.
This Amendment No. 1 shall be effective upon execution by the Parties.
IN WITNESS WHEREOF, the Parties hereto have caused their duly authorized representatives
to execute this Amendment No. 1 to the Agreement as of the date set forth below their
signatures.
KING COUNTY SERVICE PARTNER
City of Kent
By: By:
Kevin Desmond Name
General Manager, Metro Transit Division Its (Title):
Department of Transportation
Date: Date:
AMENDMENT NO. 1 to the Transit Service Direct Financial Partnership Agreement
between King County and the city of Kent,Washington
Page 2 of 2
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PUBLIC WORKS DEPARTMENT
� Timothy J. LaPorte, P.E. Public Works Director
Phone: 253-856-5500
rEwta Fax: 253-856-6500
Address: 400 West Gowe Street
Kent, WA 98032-5895
Date: August 3, 2015
To: Chair Dennis Higgins and Public Works Committee Members
PW Committee Meeting Date: August 3, 2015
From: Bill Thomas, Street Superintendent
Subject: 2015 Business & Occupation Project Update
Motion:
Information Only
Summary:
Staff will give a brief presentation on the 2015 Business & Occupation funded
projects. The same presentation was given to the Chamber of Commerce on July 22,
2015.
Budget Impact:
None