HomeMy WebLinkAboutR-2016-069 Vanpool Vehicles Replacement Grant Agreement with WSDOTRESOLUTION NO. R-2016-069
A RESOLUTION authorizing the City Manager to enter into a grant agreement with
Washington State Department of Transportation to replace three
vanpool vehicles
WHEREAS, the City of Yakima operates a vanpool program; and,
WHEREAS, the City of Yakima applied for grant funding under the Washington State
Department of Transportation's Vanpool Investment Program; and,
WHEREAS, the Washington State Department of Transportation awarded funding to
replace three vanpool vans for the 2015-2017 biennium, and,
WHEREAS, it is necessary for the City and the Washington State Department of
Transportation to enter into an agreement setting forth the terms, conditions, and
requirements for allocating this funding
NOW, THEREFORE, be it resolved by the City Council of the City of Yakima, the City
Manager is hereby authorized to enter into Agreement No GCB2329 with the Washington
State Department of Transportation for grant funding to replace three vanRool vans,
ADOPTED BY THE CITY COUNCIL at a regular meeting this 17th day of May, 2016
ATTEST
ADIRI
Sonya CIar Tee, City Clerk
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State Vanpool Investment Program Grant Agreement
Washington State Department of
Contractor:
Transportation
City of Yakima
Public Transportation Division
(DBA Yakima Transit)
310 Maple Park Avenue
2301 Fruitvale Blvd
PO Box 47387
Yakima, WA 98902-1225
Olympia, WA 98504-7387
Contact: Kevin Futrell 509-576-6422
WSDOT Contact: Shamus Misek 360-705-7346
Federal ID #SW0007122 02
Agreement
Project Start
Project
Project Equipment
Project Title
Number
Date
Completion
Reimbursement
GCB2329
July 1, 2015
Date End of the
Useful Life of
the Project
$53,625
Vanpool
Investment
Program
Equipment as
identified in
Exhibit I, 1.1
THIS AGREEMENT, entered into by the Washington State Department of Transportation (hereinafter
referred to as "WSDOT") and the agency written above under the header, Contractor, (hereinafter
referred to as the "TRANSIT AGENCY"), and/or individually referred to as the "PARTY" and
collectively as the "PARTIES", WITNESSES THAT:
WHEREAS, the State of Washington in its Sessions Laws of 2015, Chapter 10, Section 220 (3) provides
vanpool funding through the multimodal transportation account, as identified in the state budget through
its 2015-2017 biennial appropriations to WSDOT
WHEREAS, the state budget under authority of RCW 47.66.070 provides funding for WSDOT to
coordinate the development and implementation of the Statewide Vanpool Investment Program (VIP);
WHEREAS, WSDOT coordinated with transit agencies statewide to develop the implementation of the
Statewide VIP; and
WHEREAS, the TRANSIT AGENCY has determined a need for one or more VIP vehicles to enhance
its vanpool program.
NOW, THEREFORE, in consideration of the terms, conditions, performances, mutual covenants herein
set forth and the attached exhibits, WSDOT and the TRANSIT AGENCY agree to the following terms
and conditions:
Section 1
Purpose of Agreement
The purpose of this AGREEMENT is for WSDOT to reimburse the TRANSIT AGENCY for capital
costs incurred for the purchase of replacement vanpool vehicles and for the purchase of vanpool vehicles
to expand vanpooling (hereinafter referred to as "Project Equipment") in accordance with the provisions
of this AGREEMENT and Exhibit I - Scope of Work, Exhibit II - RVCT and WSRO VP Performance
Indicator Report (hereinafter referred to as the VIP Report), and Exhibit III - VIP WSDOT Funded
Vanpool Van Quarterly Fleet Update, and Exhibit IV — Reimbursement Request Form, which are
attached hereto and by this reference incorporated herein.
GCB2329 Page 1 of 22
Section 2
Scope of Project
WSDOT hereby agrees to provide capital financing to the TRANSIT AGENCY to purchase Project
Equipment, for the purpose of investing in vanpooling during the Project Period. The minimum number
of vanpool vehicles to be purchased is identified as set forth in Exhibit I, Scope of Work, Section 2.1.
Section 3
Time of Performance
The Project Period of this AGREEMENT shall commence and end on the dates indicated on page 1 of
this AGREEMENT under the caption headings "Project Start Date" and "Project Completion Date" and
subject to its other provisions regardless of the date of signature and execution of this AGREEMENT
unless terminated by one of the PARTIES as provided herein. The caption headings "Project Start Date"
and "Project Completion Date", including the information therein and all caption space headings above
including the information therein are by this reference incorporated into this Agreement as if fully set
forth herein.
Section 4
Inspection of Project Equipment upon Delivery
The TRANSIT AGENCY shall inspect Project Equipment within fifteen calendar days of delivery to the
TRANSIT AGENCY. The TRANSIT AGENCY shall certify that it has fully inspected and
acknowledged that such Project Equipment is in good condition and repair, and that the TRANSIT
AGENCY has accepted such Project Equipment. When the TRANSIT AGENCY accepts the Project
Equipment from the vendor, it shall provide WSDOT with a written copy of the Project Equipment
Acceptance letter (as required under Section 7C.d) that is sent to and informs the vendor that the
TRANSIT AGENCY has accepted the Project Equipment.
Section 5
Miscellaneous Charges and Conditions
The funds provided by WSDOT pursuant to this Agreement shall not be used by the TRANSIT
AGENCY to pay any storage charges, parking charges, and fines, as well as any fees (including vehicle
registration, license and inspection fees), and any taxes, all of which shall be at the cost and expense of
the TRANSIT AGENCY, except that subject to submission of appropriate invoices and required
supporting documents, WSDOT shall reimburse the TRANSIT AGENCY for applicable state sales or
use tax, which may be imposed with respect to the Project Equipment by a duly constituted
governmental authority. All replacements, repairs, or substitutions of parts or equipment shall be at the
cost and expense of the TRANSIT AGENCY.
Section 6
Purchasing and Reimbursement
A. The TRANSIT AGENCY will purchase Project Equipment through State of Washington Department
of General Administration's Passenger VanNehicle Procurement contract or other competitive
procurement process that meets the TRANSIT AGENCY's procurement policies.
B. The TRANSIT AGENCY is required, in order to ensure delivery and acceptance of Project
Equipment by June 30, 2017, to place an order for all Project Equipment authorized under this contract
no later than February 1, 2017.
C. Payment will be made by WSDOT on a reimbursable basis for the actual costs of the Project
Equipment less any pre -payment discounts, rebates, and/or refunds. Payment is subject to the submission
to and approval by WSDOT of appropriate invoices and required supporting documents as set forth in
GCB2329 Page 2 of 22
this Section 6. In no event shall the total amount reimbursed by WSDOT exceed the state funds
identified in the caption space titled "Project Equipment Reimbursement" unless amended thereto.
D. The TRANSIT AGENCY shall request payment from WSDOT within thirty (30) days of receipt and
acceptance of the Project Equipment. The TRANSIT AGENCY shall submit an invoice by July 15,
2017, for any unreimbursed eligible expenditures incurred between July 1, 2015, and June 30, 2017. If
the TRANSIT AGENCY is unable to provide an invoice by this date, the TRANSIT AGENCY 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 TRANSIT AGENCY's final payment request must be received by WSDOT
by July 15, 2017, within thirty (30) days of the completion of the Project, or within thirty (30) days of the
termination of this AGREEMENT, whichever is sooner. Any request for state funds received after July
15, 2017 will not be eligible for reimbursement. WSDOT shall reimburse the TRANSIT AGENCY
within thirty (30) days from the receipt of the request for payment that includes the aforementioned
appropriate invoices and required supporting documents.
Section 7
Reimbursement Request Invoices and Supporting Documents
A. WSDOT will provide the TRANSIT AGENCY, following execution of this AGREEMENT, with a
Reimbursement Request Form, a copy of which is attached hereto as Exhibit IV to this Agreement, and
by this reference incorporated into the Agreement. The TRANSIT AGENCY is required to use this form
when requesting reimbursement for Project Equipment purchased under this agreement. A completed
Reimbursement Request Form must contain an original signature from the TRANSIT AGENCY's
authorized signatory or his/her designee, and it must be submitted within thirty (30) days of Project
Equipment acceptance. Reimbursement Request Forms shall identify and include any and all
manufacturer discounts and rebates received for each unit purchased. A completed form shall include,
but not be limited to, the following information:
a. Year and Make and Model.
b. Vehicle Identification Number (VIN).
c. Grantee Vehicle Number and Vehicle License Number.
d. Seating Capacity and ADA Accessibility.
e. Date Vehicle is Accepted.
f. Vehicle Per Unit Cost.
g. Equipment Description (if applicable)
h. Equipment Cost
B. A Reimbursement Request Form shall be supported with a copy of the vendor invoice(s)
documenting the Project Equipment and associated Project Equipment expenditures. Eligible
expenditures include, but are not limited to, cost of the vehicle, vehicle signage/logos, vehicle bicycle
racks, emergency roadside safety equipment, telematics equipment, and first aid kits.
C. Additional supporting documentation required to be submitted to WSDOT by the TRANSIT
AGENCY with a Reimbursement Request Form(s) includes the following:
a. Copy of vehicle registration listing WSDOT as Legal Owner and TRANSIT AGENCY
as Registered Owner.
b. Copy of insurance certificate showing WSDOT as additional insured and the loss payee.
c. A declaration of self-insurance (if a TRANSIT AGENCY self -insures) including a
description of how the self-insurance pool is funded. Insurance must meet the
requirements as outlined in Section 27 — Insurance.
GCB2329 Page 3 of 22
d. Copy of the Project Equipment acceptance letter to the vendor certifying that the Project
Equipment has been inspected and is in good condition and repair as outlined in Section
4 — Inspection of Project Equipment upon Delivery.
e.- Copies of invoices/receipts for associated Project Equipment (e.g. logos/signage, bicycle
racks, telematics equipment, safety and first aid -kits, etc.) expenditures.
Section 8
Local Cash Match
TRANSIT AGENCY is required to provide a minimum local cash match requirement (5% for expansion
and 35% for replacement vanpool vehicles purchased under this agreement.
Section 9
Vehicle Title
The Project Equipment titles shall designate WSDOT as the legal owner and the TRANSIT AGENCY as
the registered owner through the useful life of the Project Equipment, which is identified in Exhibit I,
Scope of Work, 1.1. WSDOT will release the interest of legal ownership of the Project Equipment to the
TRANSIT AGENCY within thirty (30) days after the quarter in which the useful life of the Project
Equipment, which is identified in Exhibit 1, Scope of Work, 1.1 has been met.
Section 10
Contracts Under this Agreement
Unless otherwise authorized in advance in writing by WSDOT, the TRANSIT AGENCY shall not assign
any portion of the work to be performed under this AGREEMENT, or execute any contract amendment
or change order thereto, or obligate itself in any manner with any third party with respect to its rights and
responsibilities under this AGREEMENT. The TRANSIT AGENCY may not in any way encumber the
Project Equipment.
Section 11
Performance and Reporting
The TRANSIT AGENCY shall submit to WSDOT, or WSDOT's designated agent, a monthly VIP
performance report for each AGREEMENT in a format as set forth in Exhibit II, RVCT and WSRO VP
Performance Indicator Report. TRANSIT AGENCY is required to submit the VIP Report on a monthly
basis to WSDOT, or WSDOT's designated agent, no later than the end of the month following the
previous month of operation. The report will enable WSDOT to accurately record the performance of the
VIP. The TRANSIT AGENCY shall also submit to WSDOT a quarterly fleet update in a format as set
forth in Exhibit III, VIP WSDOT-Funded Vanpool Van Quarterly Fleet Update, which shall include
specific information related to WSDOT funded Project Equipment vans used in the TRANSIT
AGENCY's vanpool program. Such quarterly fleet report will enable WSDOT to track when WSDOT
funded Project Equipment is placed into service as well as when the TRANSIT AGENCY surpluses or
disposes of vehicles that were replaced by WSDOT funded Project Equipment. The TRANSIT
AGENCY shall submit, the quarterly fleet report to WSDOT until such time as all Project Equipment
acquired under this agreement has been placed in service and all TRANSIT AGENCY vanpool vehicles,
that have been replaced by WSDOT funded Project Equipment, have been disposed of. The quarterly
fleet report is due to WSDOT by the last day of October, January, April, and July for each calendar
quarter during the biennium. The TRANSIT AGENCY's failure to meet any of the above identified
report submittal timelines can result in the TRANSIT AGENCY being considered to be in breach of
contract and not In Good Standing which may prevent the TRANSIT AGENCY from receiving future
VIP grant funds in the next biennium.
GCB2329 Page 4 of 22
Section 12
Project Equipment in Service Requirements
A. Expansion Vehicles
1. The TRANSIT AGENCY is required to place expansion vehicles received pursuant to this
Agreement into service within nine (9) months of vehicle acceptance date. Failure by the
TRANSIT AGENCY to meet this requirement may result in WSDOT:
a. transferring any vehicles not placed in service to an alternative transit agency in need of a
vehicle for its vanpool program (; or
b. allowing the vehicle to remain with the TRANSIT AGENCY to replace one of its existing in
service vanpool vehicles and requiring the TRANSIT AGENCY to reimburse WSDOT
within 45 days of WSDOT's written notification to the TRANSIT AGENCY, 30% of the
original VIP grant funds reimbursed by WSDOT for the vehicle.
2. The TRANSIT AGENCY shall forfeit its local cash match for any vehicles transferred to another
transit agency.
B. Replacement Vehicles
1. The TRANSIT AGENCY is required to place replacement vehicles in service within three (3)
months of vehicle acceptance date. This will allow the TRANSIT AGENCY sufficient time to
have the vehicles inspected, accepted and pre -serviced. Failure by the TRANSIT AGENCY to
meet these requirements may result in WSDOT:
a. transferring any vehicle not placed in service to an alternative transit agency in need of
vehicles for its vanpool program; or,
b. allowing the vehicle to remain with the TRANSIT AGENCY to replace one of its existing in
service vanpool vehicles and requiring the TRANSIT AGENCY to reimburse WSDOT
within 45 days of WSDOT's written notification to the TRANSIT AGENCY, 25% of the
original VIP grant funds reimbursed by WSDOT for the vehicle.
2. The TRANSIT AGENCY shall forfeit its local cash match for any vehicles transferred to
another transit agency.
C. Vanpool Service Expansion
1. The TRANSIT AGENCY if awarded expansion vehicle grant funding under this AGREEMENT,
is required to expand its in service revenue vanpool fleet by the number of expansion vehicles
awarded and purchased (including a 20% spare ratio) by either of the following:
a. at any time within an eighteen (18) month period from the acceptance date of the last
expansion vehicle received; or,
b. at any time during the 2015-2017 biennium
2. The TRANSIT AGENCY's in-service vanpool and spare fleet data as reported on the RVCT and
WSRO VP Performance Indicator Report for the month of August, 2015 will be used as the base
from which vanpool program growth will be determined.
3. Failure by the TRANSIT AGENCY to meet at least one of the requirements identified above
may result in WSDOT:
a. transferring any WSDOT funded expansion vehicles to an alternative transit agency in need
of one or more vehicles for its vanpool program ; or,
b. allowing the vehicle(s) to remain with the TRANSIT AGENCY to replace one of its existing
in service vanpool vehicles and requiring the TRANSIT AGENCY reimburse WSDOT
GCB2329 Page 5 of 22
within 45 days of WSDOT's written notification to the TRANSIT AGENCY,) 30% of the
original VIP grant funds reimbursed by WSDOT for the vehicle.
4. The TRANSIT AGENCY shall forfeit its local cash match for any vehicles transferred to
another alternative transit agency
Section 13
Use of Project Equipment
A. The TRANSIT AGENCY agrees that the Project Equipment shall be used for commuter ridesharing
as defined in RCW 46.74.010(1). Personal use of the van by the driver will be permitted if the
TRANSIT AGENCY's vanpool program policies allow this usage.
B. The TRANSIT AGENCY will operate the Project Equipment as part of the TRANSIT AGENCY's
vanpool program placing the Expansion Project Equipment into service within nine (9) months and
placing the Replacement Project Equipment into service within three (3) months, respectively, from
acceptance date. The TRANSIT AGENCY may have up to a twenty percent (20%) spare ratio. For every
five (5), vanpool vehicles purchased, one (1) may be operated as a spare vehicle. If the Project
Equipment, excluding a twenty percent (20%) spare ratio, is not placed in use within the time frame
identified above from delivery and acceptance date, or if the Project Equipment is being used for
purposes other than vanpool activities, the actions and remedies regarding the Project Equipment as
described in Section 12 will apply.
C. The TRANSIT AGENCY further agrees that it will not (1) use or permit the use of the Project
Equipment in a manner inconsistent with the TRANSIT AGENCY's policies, so as to void any insurance
covering the Project Equipment; or (2) knowingly use the Project Equipment in a negligent manner; or
(3) permit the Project Equipment to become subject to any liens, charges, or encumbrances. The
TRANSIT AGENCY shall keep records with regard to the use of the Project Equipment, consistent with
the TRANSIT AGENCY's records keeping and retention policies, and shall submit to WSDOT upon
request such information as is required in order to assure compliance with this section. The TRANSIT
AGENCY shall immediately notify WSDOT in writing during the Project Period if any Project
Equipment funded by the WSDOT is used in a manner substantially different from that described in this
AGREEMENT.
Section 14
Remedies for Misuse or Noncompliance
The TRANSIT AGENCY shall not use any Project Equipment in a manner that varies from the use
described in Section 2, Scope of Project and Section 13, Use of Project Equipment of this
AGREEMENT. If the WSDOT determines that the Project Equipment has been used in a manner
different from that described in Section 2 and Section 13 of this AGREEMENT, the WSDOT will
terminate this AGREEMENT and the TRANSIT AGENCY shall be liable for damages for the breach of
this AGREEMENT, and any other remedies included in this AGREEMENT. If any participation and
funding is either reduced or cancelled as a result of a breach by the TRANSIT AGENCY, the TRANSIT
AGENCY is then liable for all damages from the breach, even though those damages may exceed the
price payable under this AGREEMENT.
Section 15
Maintenance of Project Equipment
The TRANSIT AGENCY shall maintain the Project Equipment in good repair at all times. All services,
materials, and repairs in connection with the use and operation of the Project Equipment are at the
TRANSIT AGENCY's expense. The TRANSIT AGENCY agrees to service the Project Equipment and
replace parts at intervals recommended in the manual provided by the manufacturer of such equipment, or
sooner if consistent with the TRANSIT AGENCY's maintenance plans. The TRANSIT AGENCY must
have a Transit Asset Management Plan certified by WSDOT. WSDOT shall not be liable for repairs, nor
shall any such repairs be charged to WSDOT. The TRANSIT AGENCY shall retain records of all
GCB2329 Page 6 of 22
maintenance and parts replacement performed on the Project Equipment. The TRANSIT AGENCY shall
keep maintenance and service records of Project Equipment on file for each vehicle in the Project
Equipment inventory and be made available to WSDOT upon request. WSDOT personnel may
periodically inspect the Project Equipment. Failure to follow correct maintenance procedures during the
Project Period may be grounds for termination of this AGREEMENT. WSDOT must approve
modifications to the Project Equipment or the installation of additional equipment in advance and in
writing.
Section 16
Retired TRANSIT AGENCY Vanpool Vehicle Disposal Timeframe
A. The TRANSIT AGENCY is required to dispose of a retired TRANSIT AGENCY vanpool vehicle
by selling, donating, or surplusing such vehicle within three (3) months of the TRANSIT AGENCY's
written acceptance of the replacement vanpool vehicle funded by WSDOT under this Agreement to
replace the TRANSIT AGENCY retired vanpool vehicle. Written acceptance of such replacement
vehicle is defined in Section 4 and Section 7.C.d.
B. The TRANSIT AGENCY is required to complete and submit a WSDOT VIP Funded Vanpool
Van Quarterly Fleet Update Report as set forth in Section 11 and Exhibit 111. This report which
identifies when a retired TRANSIT AGENCY vanpool vehicle that has been replaced by a vanpool
vehicle funded by WSDOT under this Agreement is disposed of by sale, donation or surplusing is due to
WSDOT by the last day of October, January, April, and July following each calendar quarter.
Section 17
Ethics
A. Relationships with Employees and Officers of WSDOT. The TRANSIT AGENCY shall not
extend any loan, gratuity or gift of money in any form whatsoever to any employee or officer of WSDOT,
nor shall the TRANSIT AGENCY rent or purchase any equipment and materials from any employee or
officer of WSDOT.
B. Employment of Former WSDOT Employees. The TRANSIT AGENCY hereby warrants that it
shall not engage on a full-time, part-time, or other basis during the period of this AGREEMENT, any
professional or technical personnel who are, or have been, at any time during the period of this
AGREEMENT, in the employ of WSDOT without written consent of WSDOT.
Section 18
Compliance with Laws and Regulations
The TRANSIT AGENCY agrees to abide by all applicable State and Federal laws and regulations
including but not limited to, those concerning employment, equal opportunity employment,
nondiscrimination assurances, Project record keeping necessary to evidence compliance with such Federal
and State laws and regulations, and retention of all such records. The TRANSIT AGENCY will adhere to
all of the nondiscrimination provisions in chapter 49.60 RCW.
Section 19
Environmental Protection
The CONTRACTOR agrees to comply with all applicable requirements of chapter 43.21C RCW "State
Environmental Policy Act" (SEPA).
Section 20
Accounting Records
A. Project Accounts. The TRANSIT AGENCY agrees to establish and maintain for the Project either a
separate set of accounts or separate accounts within the framework of an established accounting system
that can be identified with the Project. The TRANSIT AGENCY agrees that all checks, payrolls,
invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the
GCB2329 Page 7 of 22
Project shall be clearly identified, readily accessible and available to WSDOT upon request, and, to the
extent feasible, kept separate from documents not pertaining to the Project.
B. Documentation of Project Costs and Program Income. The TRANSIT AGENCY agrees to
support all costs charged to the Project, including any approved services contributed by the TRANSIT
AGENCY or others, with properly executed payrolls, time records, invoices, contracts, or vouchers
describing in detail the nature and propriety of the charges. The TRANSIT AGENCY also agrees to
maintain accurate records of all program income derived from implementing the Project.
C. Checks, Orders, and Vouchers. The TRANSIT AGENCY agrees to refrain from drawing checks,
drafts, or orders for goods or services to be charged against the Project Account until it has received and
filed a properly signed voucher from WSDOT describing in proper detail the purpose for the expenditure.
Section 21
Audits, Inspection, and Retention of Records
A. Submission of Proceedings, Agreements, and Other Documents. During the course of the Project
and for six (6) years thereafter, the TRANSIT AGENCY agrees to retain intact any data, documents,
reports, records, contracts, and supporting materials relating to the Project (Records), and to provide to
WSDOT such Records as WSDOT may require. Should an audit, enforcement, or litigation process be
commenced, but not completed, during the aforementioned six-year period then the TRANSIT
AGENCY's obligations hereunder shall be extended until the conclusion of that pending audit,
enforcement, or litigation process.
B. General Audit Requirements. The TRANSIT AGENCY agrees to obtain any audits required by
WSDOT at TRANSIT AGENCY's expense. Project closeout will not alter the TRANSIT AGENCY's
audit responsibilities.
C. Inspection. The TRANSIT AGENCY agrees to permit WSDOT, the State Auditor, or their
authorized representatives, to inspect all Project work materials, payrolls, maintenance records, and other
data, and to audit the books, records, and accounts of the TRANSIT AGENCY and its contractors
pertaining to the Project. The TRANSIT AGENCY agrees to require each third party contractor to permit
WSDOT, the State Auditor, or their duly authorized representatives, to inspect all work, materials,
payrolls, and other data and records involving that third party contract, and to audit the books, records,
and accounts involving that third party contract as it affects the Project.
Section 22
Labor Provisions
Overtime Requirements. No contractor or subcontractor contracting for any part of the contract work
which may require or involve the employment of laborers or mechanics shall require or permit any such
laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of
forty (40) hours in such workweek unless such laborer or mechanic receives compensation at a rate not
less than one and one-half times the basic rate of pay for all hours worked in excess of forty (40) hours in
such workweek. The TRANSIT AGENCY will comply with Title 49 RCW, Labor Regulations.
Section 23
Liens on Equipment
WSDOT shall hold legal title to all vehicles the TRANSIT AGENCY acquires and have legal ownership
to any non -vehicle Project Equipment the TRANSIT AGENCY acquires or modifies using the funds
identified in the caption space of this AGREEMENT titled "Project Equipment Reimbursement". The
TRANSIT AGENCY accepts WSDOT's legal ownership of the Project Equipment during its useful life
and agrees that it shall not use the Project Equipment as collateral, nor shall the TRANSIT AGENCY
encumber the Project Equipment in any way. The TRANSIT AGENCY shall follow the terms stated in
Section 13 regarding the use of all Project Equipment. For non -vehicle Project Equipment, WSDOT's
lien shall equal the proportional funded share, as identified in this AGREEMENT, of the disposable value
GCB2329 Page 8 of 22
of the Project Equipment. Satisfaction of WSDOT's lien may be satisfied only by proper disposal of the
Project Equipment in a manner determined by WSDOT.
Section 24
Loss or Damage to Project Equipment and Procedures
A. Until such time that WSDOT releases legal ownership in said Project Equipment to the TRANSIT
AGENCY, the TRANSIT AGENCY, at its own expense, shall cover any loss, theft, damage, or
destruction of the Project Equipment using either of the following methods:
1. The TRANSIT AGENCY shall maintain Comprehensive and Collision insurance adequate to
cover the value of the Project Equipment; the TRANSIT AGENCY shall supply a copy of the Certificate
of Insurance specifying such coverage to WSDOT before operating or moving any Project Equipment; or
2. The TRANSIT AGENCY shall provide a written certificate of self-insurance to WSDOT before
operating or moving any Project Equipment. The TRANSIT AGENCY will cover from its own resources
the costs of repairing or replacing any Project Equipment, if it is stolen, damaged, or destroyed in any
manner.
B. If the damage to the Project Equipment does not result in a total loss, payments for damage shall be
paid directly to the TRANSIT AGENCY. The TRANSIT AGENCY shall, within thirty (30) days, either:
1. Devote all of the insurance proceeds received to repair the Project Equipment and place it back in
service, and the TRANSIT AGENCY shall, at its own expense, pay any portion of the cost of repair
which is not covered by insurance; or
2. In the event the TRANSIT AGENCY certified to self-insurance, devote all funds necessary to
repair the Project Equipment and place it back into service.
C. The TRANSIT AGENCY will notify WSDOT within five (5) working days of an accident or incident
when Project Equipment is damaged and sustains disabling damage which requires said Project
Equipment to be:
1. Removed from service beyond ten (10) working days for repairs; or,
2. Permanently removed (due to being declared a total loss) from service.
Failure by the TRANSIT AGENCY to notify WSDOT within the prescribed timeframe identified above
will result in the TRANSIT AGENCY being deemed to be in breach of contract which may result in the
TRANSIT AGENCY being ineligible to receive future VIP funds.
D. If the Project Equipment is a total loss, either by theft or damage, the insurance proceeds or equivalent
shall be paid directly to WSDOT. The TRANSIT AGENCY shall within sixty (60) days of loss, theft, or
damage, notify WSDOT that it either:
1. Intends to replace the lost Project Equipment; or,
2. Does not intend to replace the lost Project Equipment.
Failure by the TRANSIT AGENCY to notify WSDOT within the prescribed timeframe identified above
will result in the TRANSIT AGENCY being deemed to be in breach of contract which may result in the
TRANSIT AGENCY being ineligible to receive future VIP funds.
E. The TRANSIT AGENCY shall maintain a file on site that includes copies of all accident records,
including but not limited to copies of completed local law official accident/incident records, involving
Project Equipment accidents. In addition, if the Project Equipment has been declared a total loss by the
insurance company, the TRANSIT AGENCY will maintain a total loss vehicle file which includes copies
of all accident and loss related documentation including but not limited to the following:
• A copy of all completed local law official accident reports;
• Passenger statements;
GCB2329 Page 9 of 22
• Vanpool vehicle odometer reading at the time of the accident; and,
• Copies of any written communication(s) and correspondence the TRANSIT AGENCY received
from or sent to; WSDOT, Washington State Transit Insurance Pool (WSTIP), insurance
companies, loss/subrogation companies, attorneys, injured parties, law enforcement agencies, etc.
Failure by the TRANSIT AGENCY to notify WSDOT within the prescribed timeframe identified above
will result in the TRANSIT AGENCY being deemed to be in breach of contract which may result in the
TRANSIT AGENCY being ineligible to receive future VIP funds.
F. Should the TRANSIT AGENCY decide to replace the damaged Project Equipment declared a total
loss during the project period and upon completion of the Project Equipment total loss settlement, the
TRANSIT AGENCY shall either:
1. Purchase a new or used replacement vehicle for the Project Equipment loss within five (5) months
from receipt of the total loss settlement proceeds. Said new or used purchased replacement
vehicle must be:
a. Similar to the type of Project Equipment being replaced, including but not limited to mini
or maxi van, model type, model year, features and equipment, mileage; and,
b. Be equal to or more than the National Automobile Dealers Association Northwest -
determined value of the Project equipment at the time of the accident.
2. Replace the Project Equipment with one of its own purchased vehicles.
G. Prior approval from WSDOT is required if the TRANSIT AGENCY plans to replace the Project
Equipment with one of its own purchased vehicles. Said replacement vehicles must be:
1. Similar to the type of Project Equipment being replaced, including but not limited to mini or maxi
van, model type, model year, features and equipment, mileage; and,
2. Be equal to or more than the National Automobile Dealers Association Northwest -determined
value of the Project equipment at the time of the accident.
Once the TRANSIT AGENCY receives the purchased replacement vehicle, the TRANSIT AGENCY
must submit to WSDOT within 30 days of vehicle acceptance a copy of the vendor invoice and the
registration showing WSDOT as the legal owner.
Failure by the TRANSIT AGENCY to submit the documentation as set forth above to WSDOT within the
prescribed timeframe identified above will result in the TRANSIT AGENCY being deemed to be in
breach of contract which may result in the TRANSIT AGENCY being ineligible to receive future VIP
funds.
H. If WSDOT determines that the total loss occurred under circumstances in which the TRANSIT
AGENCY fulfilled its obligations under this AGREEMENT, WSDOT would either pay or rebate to the
TRANSIT AGENCY the TRANSIT AGENCY's proportionate share of such proceeds received.
WSDOT will not reimburse the TRANSIT AGENCY for any Project Equipment replacement cost or any
miscellaneous cost as identified in Section 5, Miscellaneous Charges and Conditions.
Section 25
International Travel
International travel, including but not limited to travel to and from Canada, will not be allowed.
Section 26
Limitation of Liability
WSDOT shall not be liable to the TRANSIT AGENCY or to anyone else, including vanpool van drivers
and riders for any liability, loss, or damage of any kind and however caused or alleged to be caused
directly or indirectly by the Project Equipment; or the repair, maintenance, or equipment thereof, by any
GCB2329 Page 10 of 22
inadequacy thereof, or defect therein or by any incident in connection therewith, or interruption of
service or use of any Project Equipment provided pursuant to this AGREEMENT, or from any liability
of any nature growing out of performance of this AGREEMENT or Project Equipment on the part of the
TRANSIT AGENCY, its officers, employees, agents or subcontractors. To the maximum extent
permitted by law, the TRANSIT AGENCY shall indemnify, hold harmless and defend WSDOT and all
its authorized agents, and employees from all claims, actions, costs, damages, both to persons and
property, or expenses of any nature whatsoever by reason of the acts or omissions of the TRANSIT
AGENCY, its assignees, agents contractors, licensees, invitees, employees or any person whomsoever,
arising out of or in connection with any acts or activities under this AGREEMENT. The TRANSIT
AGENCY further agrees to defend WSDOT, its agents or employees in any litigation, including payment
of any costs or attorney's fees, for any claim or action commenced, arising out of or in connection with
any acts or activities authorized by this AGREEMENT. This obligation shall not include such claims,
costs, or damages or expenses, to the extent caused by the sole or concurrent negligence of WSDOT or
its authorized agents or employees. In the event that any lien is placed upon property of WSDOT or any
of its officers, principals, agents, or employees as a result of the acts, errors, or omissions of the
TRANSIT AGENCY, its officers, employees, agents, subcontractors, vanpool drivers and/or riders, the
TRANSIT AGENCY shall at once cause the same to be dissolved and discharged by giving bond or
otherwise. The TRANSIT AGENCY waives its immunity under Title 51 RCW to the extent it is required
to indemnify, defend and hold harmless WSDOT and its officers, principals, agents or employees.
Section 27
Insurance
The TRANSIT AGENCY shall obtain and keep in force throughout the Project Period, public liability
and property damage insurance in amounts and with companies acceptable to WSDOT. The TRANSIT
AGENCY shall provide WSDOT a Certificate of Insurance or a declaration of self-insurance as
identified in Section 7 C. b and .c, as applicable, with the TRANSIT AGENCY's Reimbursement
Request Form as set forth in Exhibit IV and Supporting Documents. Any declaration of self-insurance
must include a description of how the self-insurance pool is funded. WSDOT shall be specifically
named as an additional insured in the insurance policy, which insures the TRANSIT AGENCY. The
coverage shall be not less than $5,000,000 single limit bodily injury and property damage per
occurrence. As required by Section 13, Loss or Damage to Project Equipment and Procedures, the
TRANSIT AGENCY shall maintain Collision and Comprehensive insurance and WSDOT shall be
named as loss payee on any insurance purchased covering collision and comprehensive over the life of
the Project Equipment. The TRANSIT AGENCY agrees to give WSDOT thirty (30) days advance
written notice of cancellation or substantial change in its insurance coverage. Coverage in the minimum
amount set forth herein shall not be construed to relieve the TRANSIT AGENCY from liability in excess
of such coverage. Further, WSDOT reserves all claims or rights of action against the TRANSIT
AGENCY as if WSDOT were not named in the subject policy.
Section 28
Agreement Modifications
Either PARTY may request changes in these provisions. Such changes, which 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 and until such variation or alteration is made in writing
and signed by authorized representatives of the PARTIES hereto.
Section 29
Termination
A. Termination for Convenience. WSDOT and/or the TRANSIT AGENCY may suspend or terminate
this AGREEMENT, in whole or in part, by written notice to the other PARTY. WSDOT and the
TRANSIT AGENCY shall agree upon the AGREEMENT termination provisions including but not
limited to the terms and conditions applicable to the termination, and in the case of partial termination the
GCB2329 Page 11 of 22
portion to be terminated, and Project Equipment disposal. Written notification must set forth the reasons
for such termination, the effective date, and in case of a partial termination, the portion to be terminated.
However, if in the case of partial termination, WSDOT determines that the remaining portion of the
award will not accomplish the purposes for which the award was made WSDOT may terminate the award
in its entirety. WSDOT may suspend all or any part of the financial assistance provided herein, at any
time by written notice to the TRANSIT AGENCY and the PARTIES may terminate this AGREEMENT
for convenience for reasons including, but not limited to, the following:
L WSDOT determines, in its sole discretion, that the continuation of the Project would not produce
beneficial results commensurate with the further expenditure of funds;
2. The TRANSIT AGENCY is prevented from proceeding with the Project as a direct result of an
Executive Order of the President with respect to the prosecution of war or in the interest of national
defense; or an Executive Order of the President or Governor of the State with respect to the preservation
of energy resources;
3. The TRANSIT AGENCY is prevented from proceeding with the Project by reason of a temporary
preliminary, special, or permanent restraining order or injunction of a court of competent jurisdiction
where the issuance of such order or injunction is primarily caused by the acts or omissions of persons or
agencies other than the TRANSIT AGENCY;
4. The State Government determines that the purposes of the statute authorizing the Project would
not be adequately served by the continuation of financial assistance for the Project; or
5. In the case of termination for convenience under subsections A.1-4 above, WSDOT shall
reimburse the TRANSIT AGENCY for all costs payable under this AGREEMENT which the TRANSIT
AGENCY properly incurred prior to termination. The TRANSIT AGENCY shall promptly submit its
claim for reimbursement to WSDOT. If the TRANSIT AGENCY has any property in its possession
belonging to WSDOT, the TRANSIT AGENCY will account for the same, and dispose of it in the
manner that WSDOT directs.
B. Termination for Default. WSDOT may suspend or terminate this AGREEMENT for default, in
whole or in part, and all or any part of the financial assistance provided herein, at any time by written
notice to the TRANSIT AGENCY, if the TRANSIT AGENCY materially breaches or fails to perform
any of the requirements of this AGREEMENT, including:
1. Takes any action pertaining to this AGREEMENT without the approval of WSDOT, which under
the procedures of this AGREEMENT would have required the approval of WSDOT;
2. Jeopardizes its ability to perform pursuant to this AGREEMENT, United States of America laws,
Washington State Laws, or local governmental laws under which the TRANSIT AGENCY operates;
3. Abuses or misuses the Project Equipment, including, but not limited to:
a. Failure to maintain a vehicle according to the manufacturer's standards;
b. Failure to repair damages or replace defective or broken parts in a timely manner;
c. Failure to take any action which could affect the ability of the Project Equipment to perform
its designated function or takes any action which could shorten its useful life for Project use
or otherwise; or.
d. Failure to make reasonable and appropriate use of the Project Equipment, real property, or
facilities.
4. Fails to make reasonable progress on the Project or other violation of this AGREEMENT that
endangers substantial performance of the Project; or
5. Fails to perform in the manner called for in this AGREEMENT, or fails, to comply with, or is in
violation of any provision of this AGREEMENT including but not limited to:
GCB2329 Page 12 of 22
a. The TRANSIT AGENCY discontinues the use of the Project Equipment for the purpose of
vanpooling;
b. The TRANSIT AGENCY does not use the Project Equipment within the first nine (9)
months from receipt, and written acceptance as defined in Section 4 and Section 7.C.d, or uses the
Project Equipment for a non -authorized use at any time.
WSDOT shall serve a notice of termination on the TRANSIT AGENCY setting forth the manner in
which the TRANSIT AGENCY is in default hereunder. If it is later determined by WSDOT that the
TRANSIT AGENCY had an excusable reason for not performing, such as events which are not the fault
of or are beyond the control of the TRANSIT AGENCY, such as a strike, fire or flood, WSDOT may:
a. Allow the TRANSIT AGENCY to continue work after setting up a new delivery of
performance schedule, or
b. Treat the termination as a termination for convenience.
C. WSDOT, in its sole discretion may, in the case of a termination for breach or default, allow the
TRANSIT AGENCY ten (10) business days, or such longer period as determined by WSDOT, in which
to cure the defect. In such case, the notice of termination will state the time period in which cure is
permitted and other appropriate conditions. If the TRANSIT AGENCY fails to remedy to WSDOT's
satisfaction the breach or default within the timeframe and under the conditions set forth in the notice of
termination, WSDOT shall have the right to terminate this AGREEMENT without any further obligation
to the TRANSIT AGENCY. Any such termination for default shall not in any way operate to preclude
WSDOT from also pursuing all available remedies against the TRANSIT AGENCY and its sureties for
said breach or default including, but not limited to, demanding the return of some or all of the funds paid
under this AGREEMENT.
D. In the event that WSDOT elects to waive its remedies for any breach by the TRANSIT AGENCY of
any covenant, term or condition of this AGREEMENT, such waiver by WSDOT shall not preclude
WSDOT's remedies for that breach, or limit WSDOT's remedies for any succeeding breach of that or of
any other term, covenant, or condition of this AGREEMENT.
Section 30
Safety
A. The TRANSIT AGENCY shall ensure, to the best of its ability, that all Project Equipment is
maintained and operated in a safe, prudent manner and that all drivers and riders comply with existing
state laws regarding the operation of motor vehicles on the streets, roads, and highways of the state.
Section 31
Personal Liability of Public Officers
No officer or employee of WSDOT shall be personally liable for any act or failure to act in connection
with this AGREEMENT, it being understood that in such matters they are acting solely as agents of
WSDOT.
Section 32
No Government Obligations to Third Parties
No contract between the TRANSIT AGENCY and its contractors and/or material -men and/or laborers
and/or their subcontractors shall create any obligations or liability of WSDOT with regard to this
AGREEMENT without WSDOT's specific written consent of such obligation or liability,
notwithstanding WSDOT's concurrence in, or approval of, the award of any contract or subcontract or
the solicitation thereof. The TRANSIT AGENCY hereby agrees to include this provision in all contracts
it enters into for the employment of any individuals, procurement of any materials, or the performance of
any work to be accomplished under this AGREEMENT.
GCB2329 Page 13 of 22
Section 33
Independent Contractors
The TRANSIT AGENCY shall be deemed an independent contractor for all purposes, and the employees
of the TRANSIT AGENCY or any of its subcontractors, and the employees thereof shall not in any
manner be deemed to be an employee of WSDOT. Nothing in this AGREEMENT shall be taken as
creating or increasing any right of any third party to recovery by way of damages or otherwise against
either the TRANSIT AGENCY or WSDOT.
Section 34
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 35
Changed Conditions Affecting Performance
The TRANSIT AGENCY hereby agrees to immediately notify WSDOT in writing of any change in
conditions or law, or of any other event, which may significantly affect its ability to perform the Project
in accordance with the provisions of this AGREEMENT.
Section 36
WSDOT Advice
The TRANSIT AGENCY bears complete responsibility for the administration and success of the Project
as it is defined by this AGREEMENT and any amendments thereto. If the TRANSIT AGENCY seeks
the advice of WSDOT on problems that may arise, the offering of WSDOT advice shall not shift the
responsibility of the TRANSIT AGENCY for the correct administration and success of the Project, and
WSDOT shall not be held liable for offering advice to the TRANSIT AGENCY.
Section 37
Severability
If any covenant or provision or part of this AGREEMENT is judged void, or held to be invalid, such
adjudication or holding shall not affect the validity or obligation of performance of any other covenant or
provision, or part thereof, which in itself is valid, if such remainder conforms to the terms and
requirements of applicable law and with 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 38
Notices
Any notice, request, consent, demand, report, statement, or submission which is required or permitted to
be given pursuant to this AGREEMENT shall be in writing and shall be delivered personally to the
respective PARTIES set forth below or mailed by first class United States mail, postage prepaid, to the
respective PARTIES at the addresses set forth in the caption area of this AGREEMENT unless a
different address has been designated in writing and delivered to the other PARTY. The date of receipt
of any such notice, demand, request, or submission shall be presumed to be the date of delivery if served
personally, or if mailed as aforesaid, on the fifth business day following the date of such mailing.
GCB2329 Page 14 of 22
Section 39
Disputes
A. Disputes. Disputes arising in the performance of this AGREEMENT, which are not resolved by
agreement of the PARTIES, shall be decided in writing by WSDOT's authorized representative. If the
PARTIES cannot resolve a dispute by agreement of the PARTIES, the TRANSIT AGENCY may submit
in writing a detailed description of the dispute to the WSDOT Public Transportation Division, Urban
Programs Manager or his/her designee, who will issue a written decision within ten (10) business days of
WSDOT's receipt of the TRANSIT AGENCY'S written description of the dispute. This decision shall be
final and conclusive unless within ten (10) business days from the date of the TRANSIT AGENCY's
receipt of WSDOT's written decision, the TRANSIT AGENCY mails or otherwise furnishes a written
appeal to the WSDOT Public Transportation Division Director or his/her designee. In connection with
any such appeal, the TRANSIT AGENCY shall be afforded an opportunity to submit additional
documents in support of its position. The decision of the WSDOT Public Transportation Division
Director or designee shall be binding upon the TRANSIT AGENCY and the TRANSIT AGENCY shall
abide by the decision.
B. Performance During Dispute. Unless otherwise directed by WSDOT, the TRANSIT AGENCY
shall continue performance under this AGREEMENT while matters in dispute are being resolved.
C. Claims for Damages. Should either PARTY to the 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 a reasonable time after the first observance of such injury for
damage.
D. Rights and Remedies. All remedies provided in the 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 WSDOT or the
TRANSIT AGENCY shall constitute a waiver of any right or duty afforded any of them under the
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.
Section 40
Venue
In the event that either PARTY deems it necessary to institute legal action or proceedings to enforce any
right or obligation under this AGREEMENT, the PARTIES hereto agree that such action shall be
initiated in the Superior Court of the State of Washington situated in Thurston County and that
Washington State law shall apply.
Section 41
Section Headings
All section headings are inserted for convenience only and shall not affect any construction or
interpretation of this AGREEMENT.
Section 42
Binding Agreement
The undersigned acknowledge that they are authorized to execute this AGREEMENT and bind their
respective agencies to the obligations set forth herein.
GCB2329 Page 15 of 22
IN WITNESS WHEREOF, the PARTIES hereto have executed this AGREEMENT on the day and
year last written below.
WASHINGTON STATE
DEPARTMENT OF TRANSPORTATION
Bv:
Date:
wko\--6UP
;cx—
rian Lagerberg, Director
Public Transportation Division
APPROVED AS TO FORM
By: Susan Cruise
Assistant Attorney General
Date: July 14, 2015
TRANSIT AGENCY
By:
Author ztlGRepresentati ve
Title: i"C'Yl YY) CI C nh(1'1.C' c
e Y
Print Name: Jfir el�-f I Vv V
Date: 9L, ?pap
(
CITY CONTRACT NO. =10/6'402
RESOLUTION NO: !?'20f6 `"Yd
GCB2329 Page 16 of 22
Exhibit I
Scope of Work
This Scope of Work governs the purchase of Project Equipment, under this Agreement, which
will be used by the TRANSIT AGENCY for its vanpool program. The following information
and rules pertain to both expansion and replacement vehicles purchased with WSDOT VIP grant
funds.
1. Determination of Project Completion Date and Useful Life:
1.1 The "Project Completion Date" is determined by applying the useful life of the Project
Equipment to the date of written acceptance of Project Equipment. The useful life of
the Project Equipment is determined to be four (4) years from that date for this
AGREEMENT.
2. Project Equipment:
2.1 The TRANSIT AGENCY shall purchase, during the project period, a minimum of:
0 Expansion vanpool vehicles; and
3 Replacement vanpool vehicles
2.11 For each expansion vanpool vehicle purchased under this AGREEMENT,
the amount that WSDOT shall reimburse the TRANSIT AGENCY shall not
exceed $26,125 (95% of the maximum allowable per vehicle unit cost cap of
$27,500) for sole petroleum fuel powered vehicles or $30,875 (95% of the
maximum allowable per vehicle unit cost cap of $32,500) for non -sole petroleum
fuel powered vehicles, defined as hybrid, electric, compressed natural gas [CNG],
or propane.
2.12 For each replacement vanpool vehicle purchased under this AGREEMENT,
the amount that WSDOT shall reimburse the TRANSIT AGENCY shall not
exceed $17,875 (65% of the maximum allowable per vehicle unit cost cap of
$27,500) for sole petroleum fuel powered vehicles or $21,125 (65% of the
maximum allowable per vehicle cost cap of $32,500) for non -sole petroleum
powered vehicles, defined as hybrid, electric, compressed natural gas [CNG], or
propane.
2.2 The TRANSIT AGENCY, during the term of this contract, is allowed to purchase one
or more additional vanpool vehicles beyond the minimum number of expansion and/or
replacement vanpool vehicles identified above. Since the priority for VIP grant funds
is to expand vanpooling, the TRANSIT AGENCY shall first consider purchasing
additional expansion over replacement vanpool vehicles. If the TRANSIT AGENCY
determines that there is no need for additional expansion vanpool vehicles, the
TRANSIT AGENCYS is allowed to use remaining VIP funds to purchase replacement
GCB2329 Page 17 of 22
vanpool vehicles. WSDOT will provide reimbursement to the TRANSIT AGENCY
toward the purchase of additional vanpool vehicles with any VIP grant funds that
remain after the initial minimum vanpool vehicles awarded have been reimbursed. The
total amount that WSDOT shall reimburse the TRANSIT AGENCY is subject to the
TRANSIT AGENCY's compliance with the terms of this AGREEMENT and is set
forth on page 1 of this AGREEMENT under the caption heading "Project Equipment
Reimbursement."
3. Vans purchased for Joint Base Lewis- McChord (JBLM) through the 2015-2017 VIP
Transit agencies that receive 2015-2017 VIP funds to purchase vans to serve military or
civilian personnel at JBLM will be required to comply with the following (as long as
WSDOT holds title to the van):
a. Use these vans only to implement new vanpools at JBLM;
b. Assign a JBLM terminated vanpool van only to a new vanpool group at JBLM;
c. Not use a JBLM terminated vanpool van to replace an existing JBLM vanpool van; and
d. Separately report each month to King County Metro (KCM), in the same format as the
RVCT/WSRO Vanpool Report, JBLM monthly vanpool operational statistical
information.
GCB2329 Page 18 of 22
Exhibit II
RVCT and WSRO VP Performance Indicator Report
Agency A'arne
January
February
March
April
May
June
July
August
September
October
November
December
Total
- VANPOOL
Vanshare
Vanpool Groups in Operation
Vans Available
Loaner/Spare Vans in Fleet
Total Active Vans in Fleet
Loaners as % of Vanpool Fleet
Vanpool Group Starts
Vanpool Group Folds
Passenger Trips
Average Riders Per Van
Miles Traveled
Average Round Trip Miles
EXHIBIT III
VIP WSDOT-FUNDED VANPOOL VAN QUARTERLY FLEET UPDATE
Transit Agency Name
ATP Contract - GCB Number
A) Total 4 of Expansion Vans Purchased
B) Total 4' of Replacement Vans
Purchased
Total N of Vans Purchased (A + B)
Date Name of Staff Person Who Completed Report
Staff Contact Phone Number
Quarter Reported (based on fiscal year July -June)
Expansion
Replacement
Cumulative # of Vans
Placed In Service
Remaining of Vans To
Be Placed Into Service
TRANSIT AGENCY WSDOT FUNDED VANPOOL EARN QUARTERLY FLEET UPDATE L\FO
WSDOT Funded Expansion or
Replacement Vans
Agency Vans Replaced by WSDOT Vans*
' Identify WSDOT-funded expansion or replacement vans that were plated into service during the quarter.
Identify any agency van that ryas snrplused or disposed of during the quarter and has been replaced by a WSDOT-funded van.
Van Types: Minivan - Mini; Maxivan - Maxi; Accessible Van - AV
This fleet update report is due to U SDOT no later than 30 dais from the close of the quarter reported
GCB2329
Page 20 of 22
Exhibit IV
Instructions for Vanpool Investment Program - Reimbursement Requests
Reimbursement Requests farms are to be submitted electronically via email to:
PT DI nwi ces& dotvva troy
4 C c to the assigned Community L is i son
4 Subject Line on email: as shown on the Reimbursement Requests form
1) Reimbursement Request tom to operating grett m.ay be submitted monthly or quarterly
2) Follow the steps below Fleas .advee if changes Sue needed.
a Organization flame and Address: agency's name and address gwhse you want the payment to be sent
b. Vendor ID Number. Statewide Vendor Plumber ,or your Federal Tax ID N umber If you do not have a statewide
vendor number, please rutad us and a tumoral be sent to you.
C. Contract Award Date: Enter the date the oontrad •n,$ executed with the vendor for this project
d. C oattrai Completion Date: Ent=er the date the dint ed with the vendor Was mmplsted this project.
e. Invoice Date: Fill in the date the Rei.mburserrent Request farm was completed -
f. Ag,reem eitt Number. WSDOT will fill in the agreement number That number should match the number on your
grant agreement fiotrr W SDOT
g. Baling Period: From the drop-drvrAnli select the time period c eredbyyourr imrbursementrequest
h Invoice # This field suto-populses tressed di the irrf rmteion provided above. Th6 b the numberwwewill rseto track
your rei mbarsomrent request in 'aur sys tm
1. Fut al Request Amin the drop-down 1St, s elect Yes or NO to indicate whether or not you reimbursement request 6
final.
3) Vehicles',.. Equipment the info, motion in this section. will vary based on the type -of equipment purchased. When purchasing
vehicle, it is inytorta.nt that all the information requete_d an the farm b filled out.
a Vehide(Equiprent Description.:
- For Vehicle enter the year. make, and model of each vehicle purchased
- For Otte Equipment ener the equi':pnentdecriptian
b VIf7JSerial Number
- For Vehicle enter the v'_hide identific tirat number
- For Other Equipment ener the seri=! number from each piece cf equipment
c. Grantee Vehicle Number: enter the number assigned b the vehide by your agency
d Vehicle Licet.se Number- enter the licerae tab number provided by Department of Licensing.
e. Vehicle Seating Capacity. enter the number of passengers the vehicle will accommodate plus the number of
wheelchair sexursmerrta.
f ADA Accessible: frown the drop -dawn lit, select either Y=_. or No to i nd icate wh ether the vehicle is access lble to
persons with disabilities
g. Vehicle Acceptance Die enter thedst in which your agency notified the vendor thst the vehicle_ had been
accepted
h. Cost: entr the amount s.honwn on the vstr.id_ vendor invoice less any pre/early-payment demure., rebates or refunds
given. =dditiamally, public tr=_nsit egg enders need to deduct the transit portion of the sat a tat paid on the vehicle since
the tax Is not eligible for reimbvrsemert by W SDOT
4) Total Vehicle Related Cost enter the bots) amount from the equipment purchases and add the Faddy Vis it Trip
expenses A formu Is he been inserted to ®Iculate these scams automatically
5) Less Required Local Mare: calculate your agency's local share using, ata minimum the pecentafge provided in your
contra dwith WSDOT You may provide a higher match percent if nexasaryadeired.
6) Reimbursement Requested: subtract the Local Share from the Total Costs A formula has been inserted to a laulate
these expenses aubmsticslly.
7) Sig nature Block: Your Reimbursement Requat must be signed by your C hief Executive Officer or Finance Maneg
Payment will not be esusd if the fart is not signed.
g) Your prajed may be funded using s variety of source The information uncle the heading "fa W SOOT Use Only' atilt -sins
calculations identifying the amount and soumce,'s) to be used for each project.
9) Scan the completed and signed reimbursement request including all supporting documents and email it to
PTDIrwoicesalwsdot.wwsggov and Cc to your Community Lisbon.
10) In the subject line_ of the entail, use the'Subied' text as it appears on your reimbursement request (Row 28, Columrs
GCB2329 Page 21 of 22
Washington State
��Department of Transportation
Organization Name:
Mailing Address:
City, State, and Zip:
Vendor ID Number:
PUBLIC TRANSPORTATION DIVISION
Vanpool Investment Program • Reimbursement Request
Project A:
Contrail Award Date:
Contract Completion Date':
4YensProm Vehicle .4aepen e
Invoice Date:
Agreement Number:
Billng Period:
Invoice Number:
Final Request
,Vehicle (Year, Make; and ModeQB
Equiproenttltem Description
VINISerial Number
Grantee.
,Vehicle#€
Fuel Expansion! Vehicle
Type. Replacement Liceiise #
Vehicle
Seating
• Capacity
ADA, Vehicle Actual
Access, -Acceptance Vehicle Cost'
YestNo Date
Vehicle Cosi
Rased on
WSDOT per
Vehide Cap
I herebycetti y that the costs 5ho1471 on this oILlaice reflect the true and acttua#costs incrund
against this agtsement
Sgrimure
Type Name of Sgrc'ory
O„e
Type Sagaa?oryrsTeL
Email a scan of the signed original with supporting documents to
PTDInvoices@wsdotwa.govand Cc to the assigned Community Liaison
Subject 0 0
TotalEfigibie Vehide Reimburseable Costs:
Local Share:
Total Reimbursement Requested:
Expansion Vans Replacement Vans
Sub -Total Sub -Total
5 5 -
5 5 -
s - s -
Per VIP Contract: MOOT euntu: s.m a is based on a ma durum dovatte per unix 'Aide coat of $32,500 (non -
sole petroleum) or $27,500 (sole petroleum). The nrkmum WSDOT reimbursement for each expwision w
:epf Trent %etude e; 95%or 35%respeciwly. This equates to a per unit expanssm % hide reirnbursem an of
530,875 (non-wfe petroleum) or S22'6,5500 (sok; pettc m) or per une re later : shote reurturse mitt of 521,125
(rico-sof. p�z:cieuml ca 517,875 (sda pe 'da rm) Mnimum food mach is 5% emission or 35%br reolacenxut
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VVorkOp
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Amami
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0723
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631020
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631020
0773
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Reviewed by
Approved by
Cone wneytiaiscn Elate
Bus ness Services Staff Date
ITEM TITLE:
SUBMITTED BY:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDASTATEMENT
Item No. 5.H.
For Meeting of: May 17, 2016
Resolution authorizing a grant agreement with Washington State
Department of Transportation to assist in funding the replacement
of three vanpool vehicles
Scott Schafer, Public Works Director
Alvie Maxey, Transit Manager, 576-6415
SUMMARY EXPLANATION:
The Washington State Department of Transportation has awarded a grant in the amount of
$53,625 to assist the City of Yakima in funding the replacement of three (3) Vanpool vans as part
of the 2015-2017 grant cycle. The City of Yakima's matching funds required for the grant is
$72,375 and was included as part of Yakima Transit's 2016 Budget.
Yakima Transit currently operates sixteen vanpool vans, many of which are past their useful life.
The vans frequently transport passengers to the Hanford site; however, they are often used to car
pool individuals to other places usually within an hour's drive of the City of Yakima.
Attached for City Council review is Grant Agreement GCB2329 for the amount of $53,625.
ITEM BUDGETED:
Yes
STRATEGIC PRIORITY: Economic Development
APPROVED FOR SUBMITTAL Interim City Manager
STAFF RECOMMENDATION:
Approve the resolution
BOARD/COMMITTEE RECOMMENDATION:
ATTACHMENTS:
Description Upload Date
0 Resolution - Three Vanpool Vans GCB2329 4/22/2016
0 Vanpool Grant Agreement GCB2329 5/222016
Type
Resolution
Contract