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HomeMy WebLinkAboutLUTC PKT 01-04-2010City of Federal Way City Council Land Use/Transportation Committee January 4, 2010 City Hall 5:30 .m. Cou ncil Chambers MEETING AGENDA (Electronic Version) 1. CALL TO ORDER 2. PUBLIC COMMENT (3 minutes) 3. COMMITTEE BUSINESS Topic Title/Description A. Approval of Minutes: December 7, 2009 B. West Hylebos Creek Culvert Replacement/Removal and Flood Control Improvements Project 50% Design Status Report; Interlocal Agreement with Lakehaven Utility District C. S 348�' Street at 1� Avenue S Intersection Improvement Project 100% Design Status Report D. Acceptance of Grant Funding for Transportation Improvement Projects E. 2010 Asphalt Overlay Program Revised Preliminary Project List and Authorization to Bid F. 21� Avenue SW Speed Study Results Presenter Page LeMaster 2 Appleton 5 Mulkey 11 Mulkey 13 Action Salloum 43 Action Perez 55 Information Action or Info Action Action Action Council Date N/A Consent 1/19/20109 Consent 5 min. 1/19/10 Consent 5 min. 1/19/10 Consent 5 min. 1/19/10 N/A 5 min. Time 5 min. 10 min. 4. OTHER 5. FUTURE MEETINGS/AGENDA ITEMS: The 1/18/10 LUTC falls on a holiday and will be rescheduled for Monday, January 25, 2010, if needed. The next regularly scheduled meeting will be Monday, February 1, 2010. 6. ADJOURN Commit�e Members Linda Kochmar, Chair Cary M. Roe, P.E., Directo� ofParks, Public Works and Emergency Management Da�lene LeMaster, Adminislratrve Assistant II D/ni Duc%s 253 835-1701 G.• �L(/TC�LUTCAgerwas and Summarfes701011-04-10 LU7C'Agenda.dar City of Federai Way City Council Land UselTransportation Committee December 7, 2009 City Hall 5:30 PM City Council Chambers MEET[NG SUMMARY Committee Members in Attendance: Committee Chair Linda Kochmar and Committee Members Jitn Ferrell and Dini Duclos present. Council Members in Attendance: Counci(member Jeanne Burbidge Staff Members in Attendance: Director of Parks, Pubiic Works and Emergency Management Cary Rce, Director of Community Deve(opment Services Greg Fewins, Deputy Public Works Director Marwan Salloum, Assistant City Attorney Peter Beckwith, Surface Water Manager Will Appleton, Planning Manager isaac Conlen, Senior Planner Margaret Ciark, Associate Pianner Matt Herrera, Ciry Traffic Engineer Rick Perez, Street Systems Project Engineer Brian Roberts, Street Systems Project Engineer John Mulkey and Administrative Assistant [i Darlene LeMaster_ i. CALL TO 0[tnER Committee Chair Kochmar ca(ied the meeting to order at �:30 PM. 2. PUBLIC COMMENT Thece was one public comment: Nancy Combs. Federal Way A�Is- Combs spoke again. advocating for a four-way stop at SW 304` Street and 2[ Avenue SW, commenting thut she felt as though staff hasn't done anvthing regardtng thts continued request. Ms. Combs also hunded out pictures of each corner of the subject intersection to the Committee_ At Committee Member Duclos's request, staff addressed the Committee, stating that action on this item has been taken. Statf has atready gathered results from traffic counters and is in the process of comparing the data from the traffic counters to the data gathered from radar surveiliance. Staff will retum to LUTC once they have interpreted atl data and witl report their finding and any recommendation, if warranted. 3. BUS[NESS [TEMS Eorward To ic Title/Descri tion to Couacil A. Approval of the November 2, 2009, LUTC Minutes N/A B. C. Committee approved lYovember l6, 2009 LUTC minutes as presented. Moved: Duclos Seconded: Ferrel! Passed: Unanimousiy, 3-0 20`� Piace SW Emergency Slide Repair Project Acceptance and Retainage Release l2/l�/2009 Consent John Mulkey presented information on this item. There was no public comcneni. The Committee thanked staff for working to bring this project in under the approved budget. Committee forwarded Option #1 as presented. Moved: Ferrell Seconded: Duclos 2010 Street Sweeping Services Contract 8id Award Passed: (laanimously, 3-0 Marwan Salioum presented information on this item_ T'here was no Qubiic comment. Mr. Salloum noteti that the emergency calt out Qrice varied among the bidders; therefore, the 12/15/2009 Consent 2 G:V.(dTCSWTC Agwdas aod S�anmaries 2004'•.12-07-09 Minutes-.duc Land Use�Transportation Committee Page 2 December 7, 2009 reduction of emergency catl out hours to meet the originai budgeted amouni was dependent on the price per call out from the respective bidder. Committee forwarded Option #1 as presented. Moved: Duclos Seconded: Ferreil Passed: Unanimously, 3-0 D. Pacific Highway South HOV Lanes Phase IV PSE Gas Joint Constraction Agreement 12/15/2009 Brian Roberts presented iciformation on this item. Thece was no public comment. Mr_ Consent Roberts noted that the insurance requirement in the contract applies to both the contractor and all sub-contractors/utilities doing work associated with the project. Committee forwarded Option �1 as preseated. Moved: Ducios Seconded: F'errell Passed: Unanimously, 3-0 E. Pacific Highway South HOV Lanes Phase IV Comcast JoiAt Construction Letter of Understanding Brian Roberts presented information on this item. There was no public comment or discussion. E. G. Commiitee forwarded Option #1 as presented. Moved: Ferreil Seconded: Duclos Passed: Unanimously, 3-0 Proposed Deferment of Open Space Fee-in-Lieu and Regionai Stormwater Eacility Eee Matt Herrera presented information on this item. There was one public comment: Sam Pace. Association of Realtors Mr_ Pace pointed oart the 6enefits to the City by deferring the Stormwuter Facility Fee to the point of sale. Committee Member Ductos stated that she feit a sense of confusioa on the Planning Commission's recommendation and because of that, would personally like to refer the item back to the Planning Commission for further clarification. Committee Member Duclos stated that the goal is for the City to have a favorable reputation when it comes to deveiopment. Developers shoutd have a good relacionship with sta#�and the permitting and fees process. Should any other fees need to be reevatuated, Committee Member Duclos suggested bringing forth a!1 fee modifications in one pacl:age. Chair Kochmar and Committee Member Eerreli concurred with Committee Member Ducios's concems. Committee tabled this item, returoing it to Planning Commission for further discassioa. No motion was necessary. [nterlocal Agreement with King County for RapidRide [mpkmentation. Rick Perez presented information on this item. Tt�ere was no public comment. David Cantey from King County Metro was also present to answer questions from the Committee. Mr. Perez stated the goai of the program is to uttimately provide a green signa( to approaching RapidRide busses the majority of the time. The key will be increasing the probabitity of a green signal without throwing the rest of the signai coordination out of sync. {tadidRide busses will run at least every 1� minutes and every 1� minutes during peak times. This project wili replace Route 174 which currently n�ns every 30 minutes_ There was brief discussion conceming safety as Eederal Way being the end of the tine for riders traveling Route U4 and there is atso some recent history at the Federai Way Transit Retumed to Planning Commission 12/15/2009 Consent G:1LlJTC�i.iTTC Ageadas arid Summaries W9`,1'_-U7-W 1�tiautu-.doc 3 [_and Use-Transportation Committee Page 3 December 7, 2009 Center. Overall, the Committee was very excited about the RapidRide route coming to Eederal Way_ [t wilt really hetp the Federai Way community be better connected and able to use L[NK. Mr. Cantey said that this route should be up and running in the fall of 20 t0. King County Metro will be doing public outreach to educate the pubiic on this upcoming service. Committee forwarded Option #1 as presented. Moved: Duclos Seconded: Ferrell Passed: Unanimously, 3-0 H. Rectaagular Rapid Flashing Beacon on S 324`� Street (8elmor Park) Rick Perez presented information on this item. There was no public comment. Mr_ Perez added that there wiii aiso be a cost savings utilizing King County to purchase and instal! the equipment. t2/15/2009 Consent Committee Member Duclos asked if this application wou(d be appropriate for the (ocation of S W 304`�' St and 21'�` Ave S W. Mr_ Perez answered that this application had not been considered for this location (interseciion) as it is typica(ly used for a wider street, for a schooi crossing or a major corridor. Committee forwarded Option !�i as presented. i�ioved: F'errell Seconded: Duclos 4. OTHER There was no further discussion or additional topics addressed. Passed: Unanimously, 3-0 5. EUTURE MEETING The next regular LUTC meeting will be Monday, December 21, 2009, at 5:30 PM in City Council Chambers. 6. ADJOURiY The meeting adjoumed at 6:3� PM. Attest: COMM[TTEE APPROVAL: Linda Kochmar, Chair Jim Ferreli, Member Dar(ene LeMaster, Administrative Assistant [I Dini Ductos, Member c:v�urc�LUrc a�� s�� zaomi �d�-on �;�-.a« COUNCIL MEETING DATE: January 19, 2010 CITY OF FEDERAL WAY CITY COUNCIL ITEM AGENDA BILL SUB.►ECr: West Hylebos Creek Culvert Replacement/Removal and Fiood Control Improvements Project-50% Design Status Report (CIP #304-3100-265) and associated interlocal agreement with LUD. POL[CY QUESTION Should the Council authorize staff to proceed with design of the West Hylebos Creek Cuivert Replacement/Removal and Fiood Control Improvements Project and return to the Council at the 100% design completion for further reports and authorization, and authorize the City Manager to execute the interlocal agreement with Lakehaven Utility District detailing both the City's and LUD's participation in the project? COMM[TTEE Land Use and Transportation Committee CATEGORY: Consent City Counci! Business STAFF REPORT BY: William A Public Hearing Other Pubiic Works Attachments: i. Memorandum to Land Use and Transportation Committee dated January 4, 2010. 2. Interlocal Agreement between the City of Federal way and Lakehaven Uti(ity District. Options Considered: 1. Authorize staff to proceed with final 100% design of the West Hylebos Creek Culvert Replacement/Removal and Fiood Controi Improvements Project and return to the Council at 100% design completion for approval and authorization to bid the project; and, authorize the City Manager to execute the interlocal agreement with Lakehaven Utility District detailing both the City's and LUD's participation in the project. 2. Do not authorize staff to proceed to 100% design and do not authorize the City Manager to execute the Interlocal agreement with LUD and provide direction to staff. STAFF RECOMMENDATION Staffrecommends forwarding Option 1 to the January 19, 2010 City Council Consent Agenda for approvaL n C[TY MANAGER APPROVAL: __i�°� DIRECTOR APPROVAL: C Councif tnm� tee Council COMMfI'fEE RECOMMENDATiON Forward staff recommendation for Option 1 to the January 19 2010 City Council Consent Agenda for approval. Linda Kochmar, Chair Jim Ferrelt, Member Dini Ducios, Member PROPOSED COUNCIL MOT[ON move to authorue staff to proceed with final 100'� design of the West Hylebos Creek Culvert Replacement/Removal and Flood Control Improvements Project and return to the Council at the 100% design completion and for aulhoruation to bid the project, and to authorize the City Manager to execute the interloca! agreement with Lakehaven Utility District. (BELOW TO BE COMPLETED BY CJTYCLERKS OFFlCE) COUNC[L ACT[ON: APPROVED COUNCIL BILL DENIED 1� reading TASLED/DEFERRED/NO ACT[ON Enactment reading MOVED TO SECOND READING (ordinances only) 5 ORDINANCE RE V[SED 02/06/2006 RESOLUT[ON MEET[NG DATE January 4 2010 Ordinance Resolution P.E.. Suiface Water Manauer DE CITY OF FEDERAL WAY MEMORANDLTM DATE: January 4, 2010 TO: Land Use and Transportation Committee VIA: Brian Wilson, City Manager FROM: William Appleton, P.E., Surface Water Manager Fei Tang, P.E., Surface Water Project Engineer West Hylebos Creek Culvert Replacement/Removal and Flood Control Improvements SUBJECT: Project-SO% Design Status Report (CIP #304-3100-265) and Associated Interlocal Agreement with Lakehaven Utility District. BACKGROUND This project will prevent potential flooding problems by removing an old carrugated metal culvert that is failing and replacing a second failing culvert on an unnamed tributary to the west branch of Hylebos Creek located on the west side of Pacific Highway between approximately the South 349`� block and the South 352n block. The project will also restore/enhance stream habitat and remove fish passage baniers in this section of the creek and reduce erosion of the channel. The following improvement measures will be included in the project: removai of an existing failing 72" diameter culvert from the creek and restoration of this section of the creek to an open stream, replacement of an existing failing, undersized and non-fish passable 36" diameter culvert with a new culvert, regrading of the streambed profile, removal of invasive plants, and replanting with native vegetation. The project will be designed in-house by City staff, with the exception of some specialized project components that will be designed by a consulting firm. Lakehaven Utiiity District (District) is the owner of the 36" diameter culvert and is wiiting to participate in the project. In order to coordinate the work between the two entities, the District agreed to enter into an interiocal agreement with the City for the design and construction of the project. The City will provide the design information for the 36" cu(vert replacement and the District will be responsible for its construction. A copy of the proposed agreement is attached to this memo for approval. Currently the project design is approximately 50% complete, which includes the following completed tasks: Topographical survey and mapping Geotechnical evaluation of the site sub-grade and groundwater conditions Gathering subsurface utility information Preparing permit applications for Hydraulic Project Approval and Section 404 Pernut Acquisition of permanenf drainage easements and temporary consh easements Project design (plans and cost estimate) to 50% level Ongoing Tasks Include: Acquisition of an additional temporary construction easement Submitting permit appiications and coordinating with agencies to obtain permits Project design to 100% level PROJECT ESTIMATED EXPENDITURES: Description Engineering Design (Consultant) Year 2010 Construction (Estimate) 30% Construction Contingency SO% Design Level) Ad Award City 31,050 170,756 51,227 4,000 District 166,564 49,969 10% Construction Inspection Management 22,198 TOTAL PROJECT COSTS 279,231 216,533 TOTAL AVAILABLE BUDGET 598,372 INTERLOCAL AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND LAKEHAVEN UTiLITY DISTRICT FOR THE WEST HYLEBOS CREEK CULVERT REPLACEMENT THIS AGREEMENT is made and entered into this day of 2009, by and between the City of Federal Way (hereinafter "City'� and Lakehaven Utility District (hereinafter "District'�, collectively referred to herein as the "Parties". WHEREAS, the City proposes to proceed with the West Hylebos Creek Headwaters Restoration Project (hereinafter Project and the City identified a cutvert located in the vicinity of the Project area that needs to be replaced; and WHEREAS, the District owns the culvert; and the District intends to replace the culvert (hereinafter "Culvert Replacement Work'�; and WHEREAS, Chapter 39.34 RCW {Interlocal Cooperation Act) permits local governmentai units to make the most efficient use of their powers by enabling them to cooperate with other entities to provide services in a manner best serving the needs and development of their local communities; and WHEREAS, the District can achieve cost savings and other benefits in the public's interest through participatir�g in the Project; and WHEREAS, by coordinating the Culvert Replacement Work with the Project, the City can better achieve its goal of protecting the public's interest, including stabilizing the stream channel, preventing flooding, removing fish passage barriers, and enhancing stream habitat; NOW, THEREFORE, it is hereby covenanted and agreed by and between the Parties hereto as follows: I. THE CITY'S COMMITMENT The �ty shall provide design documents to the District for review and approval in order to facilitate the Culvert Replacement Work. This inciudes preparation of design drawings and cost estimates for replacement of the existing 36" diameter culvert, and obtaining all necessary permits. The new culvert wiil be designetl to meet Washington State Department of Fish and Wildlife's design guideline for fish passage. Any contract documents and/or specification documents required for the Culvert Replacement Work shall be provided by the District. Technical design and construction specifications will be provided as plan notes to be included in the drawings. It is the intention of the �ty to construct the Project in either the summer of the year of 2010 or 2011. It is also the intention of the City to employ a contractor through competitive bidding process to construct the Project. The City shall coordinate with the District to the maximum extent practicat to ensure that stream restoration activities are phased correctly witfi respect to the District Culvert Replacement Work. The City will provide a construction survey benchmark to ensure proper coordination. K:\CONTRACT\2009\09-�ocx LUD Design and Constr IlA.doc Page 1 II. THE DISTRICT'S COMMITMENT The District shall construct the Culvert Replacement Work and any related work in accordance with the specifications and design provided by the City. The District shall be responsible for all material, labor, equipment, and other incidental costs necessary to furnish and instalf the culvert and to complete the Culvert Replacement Work, including but not limited to construction surveying, temporary tra�c control, inspection, material testing, utility rel�ation, construction management, etc. The estimated cost for the District's Culvert Replacement Work is approximately $100,000. The District shall coordinate with the City on construction scheduling to avoid conflicts with the City contractor and permit conditions. The District shall take those measures necessary to ensure the Culvert Replacement Work is functional with respect to the surrounding stream channel bed. The District grants the City and its age�ts, designees, assigns, employees, and contractors the right to enter onto the District's property, on a temporary basis, to inspect, design, and construct the Project. III. COST There shall be no money transferred between the Parties in connection with the work described in this Interlocal Agreement. IV. INDEMNIFICAITON AND HOLD HARMLESS A. The City agrees to indemnify and hold the District, its elected officials, officers, employees and agents harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising or resulting from, or connected with, this Agreement to the extent caused by the negligent acts, errors or omissions of the �ty, its agents or employees, or by the City's breach of this Agreement. B. The District agrees to indemnify and hold the City, its elected officials, ofFcers, employees and agents harmtess from any and atl daims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising or resulting from, or connected with, this Agreement to the extent caused by the negiigent acts, errors or omissions of the District, its agents or employees, or by District's breach of this Agreement. The provisions of this paragraph shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. V. DURATION This Agreement shall become effective immediately upon execution by both Parties. This Agreement shali continue in full force until either (1) the City Council accepts the completion of the Project, (2) the Agreement is terminated with mutua! written agreement by K:\CONTRACT�2009�09-boc LUD Design and Constr ILA.doc Page 2 both Parties, or (3) December 31, 2011, whichever is earlier. This Agreement may be extended for additiona) periods of time upon mutual written agreement of the City and District. Adherence to deadline dates is essential to the performance of this Interlocal Agreement. VI. OTHER PROVISIONS A. Designing the Culvert Replacement Work shall not vest the �ty with respect to awnership, or future maintenance responsibility associated with the replaced culvert. The District shall retain sole ownership and maintenance responsibility for the replaced culvert. B. Constructing the Culvert Replacement Work shall not vest the District with respect to ownership, or future maintenance responsibilities of the stream improvements upstream or downstream of the Culvert Replacement Work. C. This Agreement contains the entire written agreement of the Parties and supersedes all prior discussion. This Agreement may be amended only in writing, signed by bo� Parties. D. Any provision of this Agreement, which is declared invalid, void or illegal shall in no way affect, impair, or invalidate any other provision hereof and such other provisions shall remain in full force and effect. IN WITNESS WHEREOF the Parties hereto have hereunto set their hands and seals the day and year first above written. CITY OF FEDEf2AL WAY Brian J. Wilson Interim Gty Manager LAKEHAVEN UTILITY DISTRICT Donald T. Perry General Manager APPROVED AS TO FORM: City Attorney, Patricia A. Richardson ATfEST: Gty Clerk, Carol McNeilly, CMC K:\CONTRACT�2009\09-�oc LUD Design and Constr ILA.doc APPROVED AS TO FORM: General Gounsel Page 3 10 COUNCIL MEETING DATE: January 19, 2010 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM SUB.iECT: S 348�' Street at 1�` Avenue S Intersection Improvement Project 100% Design Status Report POL[CY QUESTION Should the City Council authorize staff to bid the S 348�' Street at iS` Avenue S Intersection Improvement Project, and return to LUTC for bid award, further reports and authorization? COMMITTEE Land Use and Transportation Committee CATEGORY: Consent City Council Business Ordinance Resolution MEETING DATE January 4 2010 Public Hearing Other STAFF REPORT BY: Marwan Salloum P E De _ut Public Works Director DEPT: Public Works ------..__._.._.....----...-----..._.....--------�_.._—._...---.'_�._._�..__�r__...P___y-- Attachments: Land Use and Transportation Committee memorandum dated January 4, 2010. Options Considered: l. Authorize staff to bid the S 348`� Street at 1 Avenue S Intersection Improvement Project and retum to the LUTC to award the project to the lowest responsive, responsible bidder, and authorize the transfer of $1,800,000 from the Pacific Highway South HOV Lanes Phase [II Project to this project for the additional required City match. 2. Do not authorize staff to bid this project and provide direction to staff. STAFF RECOMMENDAT[ON Staff recommends forwarding Option i to the January 19, 2010 City Council Consent Agenda. for approvaL CITY MANAGER APPROVAL: D[RECTOR APPRO'VAL: Co �►ittee Council omm�ttee Council CONiMITTEE RECOMMENDATION Forward Option 1 to the January 19, 2010 City Council Consent Agenda for approval. Linda Kochmar, Chair Jim Eerrell, Member Dini Duclos, Member PROPOSED COUNCIL MOTION "1 move to authorize staff to bid the S 348`" Street at IS Avenue S Intersection Improvement Project and return to the LUTC to award the project to the lowest responsive, responsible bidder, and authorize the transfer of $1 from the Pacific Highway South HOV Lanes Phase III Project to this project for the additional required City match. (BELOW TO BE COMPLETED BYCITY CLERKS OFFlCE) COUNCIL ACTION: APPROVED COUNC[L B1LL DENIED l� rcading TABLED/DEFERItED/N0 ACT[ON Enactment readiog MOVED TO SECOND READING (ordinances only) ORDINANCE REVISED 02�06/2006 RESOLUT[ON fi�il CITY OF FEDERAL WAY MEMORANDUM DATE: TO: VIA: FROM: SUBJECT: January 4, 2010 Land Use and Transportation Committee Brian Wilson, City Manager Marwan Salloum, P.E., Deputy Public Works Director John Mulkey, P. E., Street Systems Project Engineer S 348th Street at Is� Avenue S. Intersection Improvement Project 100% Design Status Report BACKGROUND: This project will add a 2 left-turn iane eastbound and westbound and will add a right-turn lane southbound and westbound. The traffic signal system will be replaced to accommodate the added lanes. Other improvements include curb, gutter and sidewalk, planter strips between the curb and sidewalk and drainage modifications PROJECT ESTIMATED EXPENDITURES: Planning and Design ROW Acquisition 2009 Construction Cost (estimate) PSE {Cost for duct and vault relocation) 10% Construction Contingency 12.5% Construction Management TOTAL PROJECT COSTS AVAILABLE FUNDING: Grant Funding (Urban Vitality Grant) Utility Tax (2006 Budget) REET (2004 Budget) Requested Fund transfer from Project 141 (SR 99 Phase III) Mitigation Interest TOTAL AVAILABLE BUDGET 450,000 175,000 3,200,000 t It1 320,000 440,000 $4,635,000 1,996,335 432,000 79,U00 1,800,000 280,580 64,580 4,652,495 This project is within available budget and we anticipate bidding the project in January 2010 and project award in March 2010. Construction should commence in April 2010 with an estimated substanrial completion date of November 2010. cc: Project File Day File 12 COUNCIL MEETIIYG DATE: January 19, 20t0 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM SUB.TECT: Acceptance of Grant Funding for Transportation Improvement Projects POL[CY QUEST[ON Should City Councit authorize staffto accept grant funding for S 348�' Street 1�` Ave South Intersection Improvement Project? COMMITTEE Land Use and Transportation Committee CATEGORY: Consent n Citv Counc Bus Ordinance Resotution MEETING DATE January 4 2009 Public Hearing Other STAFF REPORT BY: Marwan Salloum, P.E., De u_Public Works Director� DEPT: �'ublic Works Attachments: Land Use and Transportation Committee memorandum dated January 4, 2010. Options Considered: 1. Authorize staff to accept the Urban Vitality Grant Program funding in the amount of $1,996,335 for the S 348` Street ls` Ave South Intersection [mprovement Project, and authorize the City Manager to sign the attached grant funding agreement. 2. Do not accept grant funding under the 2009 Urban Vita(ity Grant Program and provide direcrion to staff. STAFF RECOMMENDAT[ON Staff recommends forwarding Option 1 to the January 19, 2010 Council Consent A�enda for approval. 4 C[TY MANAGER APPROVAL: �/01 �C11/ D[RECTOR APPROVAL: rnmm�ttee Council Committ� Council COMMTTTEE RECOMMENDATION Committee recommends forwarding Option 1 to the January l9, 2010 Council Consent Agenda for approval. Linda Kochmar, Chair Jim Ferrell, Member Dini Duclos, Member PROPOSED COUNCIL MOTION: "I move to authorize staff to accept the Urban Vitality (irant t'rogram funding in the amount of �1,996,335 for the S 348`" Street IS` Ave South Intersection Improvement Project and authorue the City Manager to sign the attached grant funding agreement. (BELOW TO BE COMPLETED BY ClTY CLERKS OFF/CE) COUNCIL ACT[ON: APPROVED COUNC[L B[LL DEN[ED 1� reading TABLEDJDEFERREDJNO ACTION Enactmeat reading MOVED TO SECOND READiNG (ordinances only) ORDINANCE REVISED 02/06/2006 RESO[.UTION K:lcouncil�agenda bills12010/01-t9-10 Acceptance of Grant funding.doc i3 CITY OF FEDERAL WAY MEMORANDUM DATE: TO: VIA: FROM: January 4, 2010 Land Use and Transportation Committee Brian Wilson, City Manager Marwan Salloum, P.E., Deputy Public Works Director John Mulkey, P. E., Street Systems Project Engineer SUBJECT: Acceptance oJGrant Funding for Transportation Improvement Projects BACKGROUND: This memorandum provides the Council with the current status of the grant applications submitted in 2009, grant funding received to date, and required match. Project (Funding Phase) Grant Urban Vitality Grant Program S 348 at 1�` Ave Intersection Improvement Project (Construction Phase) Estimated Project Cost $4,000,000 Grant Fund $1,996,335 Required City Match $2,000,000* "Tfie required City match will be provided by existing project fund balance and the requested council authorization of transferring of available project funding baiance of $t,800,000 from the Pacific Nighway South HOV Lanes Phase [II Project to this project. See attached Urban Vitality Grant Program funding agreement. cc: Project File Day File K:\LUTC�2010�01-04-10 Acoeptan� of Grant Funding for Transportation�ojects.doc Washington State Public Works Board 906 Coiumbia Street SW Post Office Box 48319 Olympia, Washington 98504-8319 (360j 725-3150 www.pwb.wa.gov Capitai Agreement between: City of Federal Way and Pubiic Works Board For: Project Name: South 348th Street at ist Avenue South Intersection Contract Number: UV09-951-095 Project Type: 2009-2011 Washington State Capital6udget Urban Vitality Grant Program Execution/Start Date: Date of Contract Execution �'�,t«�� D�partr�n�nt o� �am�merce �C�11����1�}� �S it'! t��#�` i'1��1#��', i5 TAB�E OF CONTENTS CONTRACTFAGE SHEET .......................................................................................................1 CONTRACT TERMS AND CONDITIONS 2 Part 1. SPECIAL TERMS AND CONDiTIONS 2 1.1. DEFINITIONS.....< .....:..:..........:......:...:.......................................................................2 Part 2. Ciiy of Federai Way UV09-951-095 9.2. AUTHORIIY...---...--••--� 1.3. PURPOSE :..•----................................................_.....2 1.4. ORDER OF PRECEDENCE 2 1.5. GRANTAMOUNT ......:............................................2 1.6. Tt1�A�`OF PERFORMANCE 3 1.7. CERTIFICATION OF FUNQS AND LO�AL SHARE FUNDlNG REQUIREMENTS. 3 1.8. MO[J!l�1CATI�N TO THE PROJECT COSTS 3 1.9. PROJECT EXPENDITURES ELIGIBLE FOR REIMBURSEMENT 3 1.10. BIIL�NG PROCEDURES AND PAYMENT 4 9.11. CERTIFIED PROJECT COMIPLETION REPORT AND FI�AL PAYMENT 5 1.12. HiSTORIGAL AND CULTURAL ARTfFACTS....-- 5 L13. REPQRTS ...............:.6 1.14. EVALUAT�ON AND MONITORING ._....-----......6 1.15. OWNERSHIP OF PROJECT/CAPITAL FAGILITIES .................6 1.16. CHANGE O� OWNERSHIP OR USE FOR CONTRACTOR-OWNED PRQPERTY 3 1.47. CH�41�tGE QF USE FOR LEASED PROPERTY 7 1.18. SIGNAGE,'MARKERS, AND PUBLICATIONS .................7 1.19. PREVAIUNG WAGE LAW...-� 7 1.20. INSURANGE 7 1.21. RECAPTURE PROViS10N 8 122. REQUCTION IN FUNDS .................8 1.23. REAPPRQPRIATION ...:.............8 GENERAL TERMS AND CONDITIONS 9 2 :1. �EFtNITIONS ......................................................................:..9 2.2. ALIOWABLE COSTS ....:.........................................................9 2:3. ALL 1NRITINGS CONTAINED HEREtN 9 2.4. AMEPJ{3MENTS ..:......:.................................:..................9 2.5. AMERiCANS WITH DtSA61LiT#ES ACi' (ADA) OF 1990, PUBLIC LAW 101-336, AtS� REFERRED TO AS THE "�ADA" 28 CFR PART35 9 2.6_ APPROVAL....._._ :....................................•-�-�-�---..._..................---...............................9 2.7. ASSIGNMENT 9 2.8. ATTORNEYS' FEES ......._..----��---�--..........................10 2.9. AUDfiT ......................................................................................................................10 2.'14. CE3C?EREQUIREMENTS.:._ ....•---........................................11 2.11. CONFIDENTIAL�TY/SAFEGUARDING OF INFORMATION ..................................11 2.12. CONFORMANCE .:.......:....:.........................................................�---........................12 2.13. COPYRIGHT PROVISIONS ...................................................................................12 2.94. DISALLOWED COSTS ....................................................•----�--...............................12 2.15. DISPUTES ..............................................................................................................12 2.16. DUPLICATE PAYMENT ..........................................................................................13 Page i Table of Caitents 1212212009 2009-2011 Urban VitaGiy Grant Pragram ................13 2.17. ETHiCS/CONFLICTS OF 1NTEREST 13 2.18. GOVERNING LAW AND VENUE ................13 2.19. iNDEMNIFICATION .......13 220. 1NDEPENDENT CAPACITY OF THE CONTRAC .14 22i. INDUSTRIAL INSURANCE COVERAGE 14 2.22. �AWS .....................1 2.23. LICENSING, ACCREDITATION AND REGISTRATION 14 2.24. LIMITATION OF AUTHORITY .......14 2.25. LOCAL PUBLIC TRANSPOR7ATiON COORDINATION 1 2.26_ NONCOMPLtANCE WiTH NONDISCRIMINATION LAWS••••••�•••••••••�-•••�•-•�"""" 2.27. POLITICAL ACT4�tTlES 2.28. PREVAILf1�iG WAGE LAW 2.29. PR0t-4lBlTItTN AGAIN�T PAYMENT OF BONUS �R COMMiSSION ..................15 2.3d: PUBLI�ITY ..15 2.31. aECAPTUR-E 2.32. RECC7RDS MAINTEtw1ANCE 16 2.33. REG(STRATION WlTH DEPARTMENT OF REVENUE ..........16 2.34. R�GHT O� INSPECTION ...16 2.35. SA\AII�tCS 16 2.3fi. SEVERABILITY 16 2.37. SU6CONTRI�CTING 97 2.38. SURUiV/�L ...17 2.39. T�E� 2.40. TERMfNAT14N FOR CAUSE SUSPENSION 2.41. TERMINATION FOR CONVENIENCE 17 17 2.42. TERMfNATION PROCEDURES 18 2.43. WAIVER..._ PE OF WORK ....................'........,........19 ATTACHMENT i: PROJECT SCO TTACHM�NT 11: CERTIFtCATiQN OF THE AVAILABILITY OF FUNDS TO COMPLETE A THE PROJECT 21 ATTACHMENT ili: �STIMATEU PROJECT CQSTS 23 ATTACHMENT !V: CERTIFICATION O� THE PAYMENT AND REPORTING OF 24 PREVAILING WAGES ATTACHMENT V: CERTIFICATION OF THE INTENTC RTl� GAT ON PROCE.SSH'P'N••• 25 ENERGY AND ENVIRONMENTAL DESIGN (LEE�) Ta�e of Ca�tarts City o# Federal Way Page n 2009-2017 Urban V�ha6ty GraM Progra�n 12J2212009 UV09-951-095 CONTRACT FACE SHEET Contract Number: UV09-951-095 Washington State Department of Commerce PUBLIC WORKS BOARD 2009-2011 URBAN VITALITY GRANT PROGRAM 1. Contractor 2. Contractor �oing Business As (optional) City of Fed�ral Way N/A 33530 First Way S, PO Box 9718 Federal Way, WA 98063 3. Contractor Representative 4. Public Works Board Representative John Mulkey lsaac`Huang, Special Programs Manager, Pubiic Works Board 33530 First Way S PO Box 48319, �lymp'ra, WA 98504-8319 PO Box 9718 Ciare Billirtgs, Managing Director, Contracts Administration Unit Federal Wa WA 98063 PO Box 42525, OI m ia, WA 98504-2525 5. Contract Amount 6. Funding Source 7. :Contract Start 8. Contract End Date Date 24 months from contract Contraet Execution execution (provided that $1,996,335.00 Federal: State: C�f :Other. N/A: pate funds are reappropciated into the 2091-2013 biennium 9. Federal Funds (as app#icable) Federal Agency CFDA Number N/A N/A N/A 10. Tax ID 11. SWV 12. UBI 13. DUNS 911462550 14. Contract Purpose The 8oard and #he Contraetaf have entered into this Contract to undertake an Urban Vitality Grant Prog�am project that furthers the goals and objectives o# Wash�ngton State, as indicated in the Engrossed Substitute House BiN 1216, Section 1050 4, enacted on Ma 15, 2009. The Board, defined as the Washington State Public Works Board, and Contractor acknowledge and accept the terms of this Contract and attachments and have executed this Contract on the date betow to start as of the date and year last written betow. The rights and obligat+ans ofi both parties to this Contraet are govemed by this Contract and the follawing other documents incorporated by reference: Contractor Terms and Conditions inGuding ATTACHMENT I: PROJECT SCOPE OF WORK; ATTACHMENT tt: CERTIFICATtON OF THE A\/AfLABiLI'TY OF FUNDS TO COMPLETE THE PROJECT; ATTACHMENT IIL ESTIMATED PROJECT COSTS; ATTACHMENT IV: CERTIFICATION OF THE PAYMENT AND REPORTtNG OF PREVAILING WAGES; and ATTACHMENT V: CERTtF1CATlON OF INTENT TO ENTER THE LEADERSHIP IN ENERGY AND ENVIRQNMENTAL DESlGN LEED CERTIFtCATION PROCESS. FOR THE CONTRACTOR FOR THE PUBLIC WORKS BOARD Signature .}ohn LaRocque, Executive Director Print Name Date APPROVED AS TO FORM ONLY TiUe Tfiis 7"' Dav of December, 2009 Rob McKenna Date Attomey General Siqnature on File Kathryn Wyatt Assistant Attorney General 18 p� ConUact Face Sheet City of Federal Way 2IX19-2091 Urban Vitality GraM Ptogram UV09-951-095 12122/2009 CONTRACT TERMS AND CONDiTIONS PUBLtC WORKS BOARD 2009-2011 URBAN VITALITY GRANT PROGRAM Part 1 SPECIaL TERMS AND CONDITIONS 1.1. DEFINITIONS As used throughout this 2009-2Q11 Urban Vitality Grant Program Contract the following terms shall have the meaning set farth below: A. "Contr�t" shall mean this 2009-2011 Urban �taiity Grant Progfam Gcsntract. B. "Gc>ntraetor" shall mean the entityr identifred on #he Cantract Face Sheet performing service(s) under this Gon�ract and who is a party to the Contract, and shall include afl employees and ager�ts of the Contractor. C. "The Board" shaA rnean fhe VNashington 5tate Public Works Boarci created in Revised Code af Washington (RCW) 43.455.030, and who is a Party to the CanEract. 1.2.' AUTHORITY Acting under the authority of Chapter 43.155 RCW, the Board has arivarded the Gontr�tor a 2U09- 2(311 Urban Vitali�y public works grant Tor a local government serving high density urban communi�ies. The Engrossed Substitute House Biil 1216, Section 1050 (4), enacted on May 15, 2009, rnade an appropriation tc� support a Temporary Public Works Baard Gran# Program and directed the Board to administer those funds_ 1.3. PURPOSE The Board and the Contraetor have entered into this CQntract to undertake an Urban Vitakity Grant Program project that furthers the goals and objectives of Washing#on State: The pra}�cf uri#I be undertaken by the Contractor and will include the aetiv+ties iden#ified in ATTACHMENT 1: PROJECT SCOPE OF V1/ORK: The praject mus# be undertaken in arcordance with the Contract terms and conditians; and aii applicable state and locai laws and ordinan�es, v+rt�ich by this reference are incorporated in#o this Contract as though set forth fulty herein. 1.4. ORDER OF PRECE�ENC� In the ev�nt of an [ncorisistency in this Contract, the inconsistency shall be resolved by giving precedence in the following order. A. Applicable fedecal and StaCe of Washington statutes and regulations. 8. Special Terms �nd Conc#�tions including all #he attachments. C. General Terms and Conditions. 1.5. GRANT AMOUNT The Board shall pay an amount not to exceed the awarded grant amount ofi $1,996,335,00 for the eligible costs necessary for or incidentai to the pertormance of work as set forth in ATTACHMENT 1: PROJECT SCOPE OF WORK. 19 City of Federat Way Page 2 Contrac� Tenns and Corxli�ons UY09-951-095 12/2212009 2009-2011 Urban YdaHly Gram Program 1.6. TIME OF PERFORMANCE The Contractor shall begin the activities identified within ATTACHMENT 1: PROJECT SCOPE OF WORK no later than two (2� months afte� the date of Contract execution. No later than twelve (12) months after the date of Contract execution the Contractor must begin the construction. No later than twenty-four (24� months after the date of Contract execution the Contractor must reach project completion. Project completion is reached when all activities identified in ATTACHMENT I: PROJECT SCOPE OF WORK are complete. Failure to meet Time of Performance shall constitute default under this Contract. In the event of extenuating circumstances, #he Contractor may request, in writirag, that the Board extend the deadline for project completion: ...-a•.� ur�c�RCRtTC 1.7. CERTIFICATIaN Ut- 1-'urvu, �v w�r►.. �r.�.� The Contractor must have secured full project funding at the tirne of Cantract execution. The release o# grant funds under this Contract is contingent upon the Contractor certifying that it has expended or has aceess ta funds from ofher sources as set forth in ATTACHMENT IL CERTIFICATf�N OF THE AVAILABILITY OF FUNDS TO G�NlPLETE THE PROJECT to complete all the praject activities itientified in ATTACHMENT I: PROJEC� SCOP� OF WORK.. This grant program requires the Cantractor to provide local shate funtiing for a minimurn of ten percent (10%) of the total pro}ect cast The Contractor pledges to use a� amount of loca! funds as local project share of nat less'than 50.00% of the total project cost as subrr►itted by the Contracfior in the grant application. 7he loca� share must not be funded by state grants, state laans, federat grants, or national founda#ions #unds. The amount of the loc�l share funds wifl be verified again at project completion and must be equal to the percent share of 50.00 as plec�ged in the grant application. Only expenditures made on or after July 1, 2009, rr�ay be used as match for local project share. The Contrac#or shall maintain records sufficient to evidence that it has access to or has expended funds firom such sources, and shall make such records available fo� the Board's review upon reasonable request 1.8. MODIFICATION T0 THE PRQJECT COSTS Nofwithstanding any other provision of this Contract, the Contractor may, at its discretion, mal� modifications nc�t to exceed fifteen pereent (15%} of each cost category item in the ATTACHMENT 1lI: ESTIMATED PROJECT COSTS_ The Contractor sfiall natify the Board in r+vriting when making any budget modifir,�tions that would exceed fifteen percent (15°fo) of any cost category line item as identi�'�ed in ATTACHME�IT 111: ESTIMATED PROJECT COSTS. Nothing in this section skiall be construed to permit an increase in the amount of grant funds under this program avaitable for the presject, as set forth m Section 1.5 0# this Contract. 1.9. PROJECT EXPENDITURES ELIGIBLE FOR REIMBURSEMENT Payments to the Contractor shatl be made on a reimbursernent basis onty. For #he purposes of this Contract, eligible costs sF�a{I �e construed to mean costs incurred` and paid, or costs incurred and payable within thirty {30) days. Only casts that have been incurred on or after July 1, 2009, and which are not counted as local share, are eligible for reimbursement under this Contract. Eligible project costs must consist of expenditures eligible under WAC 399-30-030(3) and be related only to the project activities identified in ATTACHMENT I: PROJECT SCOPE OF WORK 20 City oi Federal Way Page 3 ConUact Tem►s and Cor�fions UV09-9511195 12/22I2009 2009-2011 U�ban V�aFqr Grant Prtx�ram 1.10. BILLfNG PROCEDURES AND PAYMENT The Board shali reimburse the Contractor for eligible project expenditures up to the maximum grant amount under this Contract, as identified in Section 1.5. When requesting reimbursement for costs incuned or expenditures made, tfie Contractor shall submit a signed and completed Invoice Voucher (Form A19), referencing the ATTACHMENT I: PROJECT SCOPE OF WORK project activity performed, and any appropriate documentation such as bills, invoices, and receipts. The lnvoice Voucher must be certified by an official of the Contractor with authority to bind the Contractor. Each Invoice Voucher must be accompanied by a Project Status Report, which describes, in narrative form, the progress mad� �n the project sfnce`the last inv�ce was submitted, as well as a repoct of project status to date. The Baard wil( not release payment for ar�y reimbursement request received unless and untit fhe Project Status Report is received. A�ter approving the lnvoice Voucher and the Projeet Status Repo�t, fhe Board shali protnptly remit a warrant to the Co�tractor. Requests for reimbursements for costs reiated to Gonstruction ac6vities witl not be ac�epted until the Contractor provides proaf of compliance with Governor's Executive Order 05-05 or Section 106 of t�e Nationat 1-listoric Preseruation Act, which�ver applies to this projeat, as described in Section 1.12. A sum of ten percent (10°!0) af the grant amount witl be retained untii afl projecf activities as identified in ATTACHMENT L PRQJECT SCOPE OF WORK are complete and a Ce�tified Project Complstion'Report is cQmpteted and submitted by the Contraetor, as described in Section 1.11. The Contractor shatl submit alt lnvoice Vouchers and all required documentatior� to: Gontracts Administration Unit Department of Commerce PO Box 42525 plympia, WA 985D4-2525 The Board wiN pay the ContracEor upon acceptance of services provided and receipt of properly c�rnpleted invaces, which shaN be submitted to th� Board not more often than monthky: Payment shait be consiciered timely if made by the Board wiEhin thirty (3Q} calendar days after `receipt of properly completed invoices. Payment shall be sent to the address designaEed by tfie Gontractor. The Board may, in its sole-discretiat�, terminate the Contract or withhold payrnen#s claimed by the Contractor for seroices rendered if tihe Contractor fails to satis#actorily comply with arty term or condition o# this Contract. No payments in advance or in an#icipation of services or suppiies to be provided under this Contract shall be made by the 8oard. Duplication of Bitled Cos#s. The Contractor shall not biW the Board far services performed under this Contract, and tfie Board shall not pay the Contractor, if #he Contractor is entitled to payment or has been or will be paid by any other source, including grants, for that service. Disallowed Costs. The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of i#s subcontractors. 21 Ciry of Federal Way Page 4 ContradTerms and Conditions UV09-951-095 t 1J2212�9 2009-2011 U�ban V'rtakty �rant Program 1.11. CERTIFIED PROJECT COMPLETION REPORT AND FINAL PAYMENT The Contractor sha11 complete a Certified Project Completion Repo�t when activities identified in ATTACHMENT 1: PROJECT SCOPE OF WORK are complete. The Board will supply the Contractor with the Certified Project Completio� Report forms upon reques#. The Contractor shall provide the following information to the Board: A. A certified statement of the actual dollar amounts spent, from all funding sources, in completing the project as described in ATTACHMENT 1: PR�JECT SCOPE OF WORK. B. A certified statement #liat tl�e project, as described`in ATTACHMENT I: PROJECT SCOPE OF WORK, is comple#e and, if app(ic�b#e; meets required standards. C. Certification that att costs assoeiated with t#�e project have been incu�red and have been accounted for. Costs are incurred when goods and services are received and/or contract work is performed. The amount of the tocal share funds a# praject completion must be equal ta the pereent shace of 50.00% as pledged in the grant application. The Contractor wil{ submit the Certifted Project CompletEan Report together with the last Invoice Vaucher #or a sum not to exceed the balance of the grant amount irtcluding the ten percen# (10%j retainage, as described in Section 1.10. The final Invoice Voucher payment shaH not occur prior to the completion of all project activities identified in ATTACHMENT L• PROJECT SCQPE OF VNORK and the Board's receipt of the Certified Project Completion Reptirt. 1.12. HISTORICAL AND CULTURAL ARTIFACTS Governor's Executive Order 05-05 requirements must be fully met pcior to commencing construction. Contractor agrees #hat the Contractor is legally and financiaAy responsible for compliance with all laws, regulations, and agreements related to the preserva#ion of historical or cultural artifacts and agrees'to hotd t�armless the Board anci the State of Washington in relation #o any claim related to such historical or cuitural arti#acts discove�ed, disturbed, or damaged as a result of Contractor's project funded by this Cor�#ract. In addition to the requirements set farfh in this Contract, Contractor shall, in aecordance with Govemor's Executive Order 05-05, ce�ordinate with the Wash�ngton State Depa►�tmenE of Archaeology and Historic Preservation (DAHP), including any recommen�#ed consttltation with any affec#ed tribe(s), during prQject design and prior to constru�tian `#o determine the existence of any tribal cultural resources affected by the proposed praject fumled by this Contract. Contractor agrees to avoid, minimize, or mitigate impacts ta the cultural resource as a continuing pre-requisite to receipt of funds under this Contract. The Contractor agrees that, unless Contra�tc�r is proceeding under an approved historical and cultural artifacts monitoring plan or o#her memorandum of agreernent, if hist�rical or cultural artifacts are discovered during construction, the Contractar shati immediately stop construction and notifiy the locai historica! preservation officer and the state's historica! preservation officer at DAHP. The Contractor shail require this provision to be contained in all sub-contracts for work or services related to ATTACHMENT I: PROJECT SCOPE OF WORK. In addition to the requirements set forth in this Contract, Contractor agrees to comply with RCW 27.44 regarding Indian Graves and Records; RCW 27.53 regarding Archaeological Sites and City of Federal Way Page ��a T� UV09-95t-095 12l22I2009 2009-2011 Urban Vital'dy Grant Program Resources; RCW 68.60 regarding Abandoned and His#oric Cemeteries and Historic Graves; and, WAC 25-48 regarding Archaeological Excavation and Removal Permits. Contractors such as Native American Tribes that are exempt from Governor's Executive Order 05- 05 requirements must show proof of exemption and must demonstrate that they have coordiaated with their Tribal Historic Preservation O�ce for impacts to above- and befow-ground resources. Contractor agrees to furnish to the 8oard copies of any monitoring plan or agreement arising f�om Contractor's coordination and consultation with DAHP or any affected tribe(s). Completion of the Section 106 of the Nafional Historic Preservation Aet may substitute for completion of Governor's Executiue Order 05-05, if the project involves federal funding o� permitting. Failure by Contractor to #uliy comply with the cequirements set forth in this pravision to the satisfaction of the Board shall resuit in a suspension of cast reimbursements or termi�tation of this Corrfract if nc�t timety cured. Fn the evettt fhat the Contractor finds it necessary to amend ATTACHMEhiT 1: PROJECT SCOPE OF WQRK, the Contractor may be required to re-comply wi#h Governor's Exeeutive Order 05-05 or Section 106 of the Natianal Kis#oric Presenration Aet, whichever applies to this project 1.13. REPORTS The Contractor shall furnish the Board with Project Status Reports when submittir►g Inuoice Vouchers (as described in Section 1.10), Quarterly Project Reports at the end of each quarter, a Certified Project Completion Report at project completion (as described in Seetion 1.11), and other reports as the Board may require. Failure to file reports as requestedmay result in termination of this Contract 1.'{4. EVALUATION AND MONtTOR{NG The Con�ractor shatl coaperate with and freely participate in any monitoring or evaluatien activities conducted by the Board, including site inspections; if necessary. The Car�tractor may be asked by the Board to provide photographs, either hard copy or electranically, arhich visually depict the progress made on the praject. The Soard or the State Auditor and any o# their representativ�s sfiall have full access to and the righf to examine all af the �on#ractor's records with respect to a!I matters co�ered in tMis Contract. Such representatives shatl be permitted to audit, exarnine,' and make excerpts or transcripts from such records and to make audits of all contracts, invoices, materiais, payrolls, and records of matters covered by this Contract. Such rights last for s�x (6) years fi�om the date final payment is made hereunder. 9.15. OWNERSHIP OF PROJECTlCAP1TAL FACILITIES The Board makes no ctaim to any reai property improved or const�uc#ed with funds awarded under this Contract and does not assert and wiN not acquire any ownership interest in or title to the capital facilities and/or equipment constructed or purchased with state funds under this Contract. This provision does not extend to claims that theBoard may bring against the Contractor in recapturing funds expended in violation of this Contract City of Federai Way Page 6 Contrad Tertns and Condi6ons UV09 951-095 12/2212009 2009-2011 Urban Ydaliiyy Grant Pragram 1.16. CHANGE OF OWNERSHIP OR USE FOR CONTRACTOR-OWNED PROPERTY The Contractor understands and agrees that any or all assets acquired, constructed, or otherwise improved by the Contractor using the funds under this Contract shall be held and used by the Con#ractor for the purposes stated in ATTACHMENT I_ PROJECT SCOPE OF WORK for a period of at least ten (10) years from the date the final payment is made. For a period of at least ten (10) years �ro�n the date the f�nal payment is made, in the event that the Contractor decides to change or transfer ownership of any or all assets acquired, constructed, or othenivise improved by the Contractor using the funds under this Contract, the Contractor agrees that any such decision or action tnust be submi�ted i� writing>and approved by the Board in writing at teast thirty (30) days �'ior to th� executian of such decision or ac#ion. In the event tf�e Con#ractor is fiound to bs out of camptiance with this section, the Contractor shall repay the principal amount of the granf as stated in Sectian 1_5, plus interest calculated at the rate of interest on Staie of Washington gen�ral obtigation bonds issued most closely to the effective date of fhe legislation in which this grant program asset was authorized_ Repayment shall be made' pursuant to 5ection 1.21. Recapture ProvisiQn. 1.17. CHANGE OF USE �OR LEASED RROPERTY The Carrtractor understar�cfs anti agrees that any facility teased by the Contractor that is constructed, renovated, or`otherwise improved using state funds under this Contract shail be used by the Contractor fiar the purposes s#ated in ATTACHMENT 1; PROJECT SCOPE OF WORK for a p�rifld of at teast #en (1U) years firam the date the final payrnent is made. in the event #h� Con#ractor i� €ound to be out of compliance with this section, the Cant�actor shalF repay the principal amount of #he grant as stated in Section 1.5, :pius interest calculated a# the rate af interest on State of Washington general obligation bonds issued most closely to the effective date of the legisiation in which #his grant program was authorized. Repayment shall be made pursuant to Section 1.21. Recapture Provision. 1.18. SIGNAGE MARKERS. AND PUBLICATIONS If, during the period covered by this Contract, the Contractor displays or circutates any communication, publicatian, or donor recognition identifying the financial participants in the pro�ect, any such cvmmunication or pub[iea�ian must identify "The Taxpayers af Washing#on State" as participant. 1.19. PREVAILING WAGE LA�1► The project furtded under this Contract is subject to state prevailing wage (aw (Chapter39.12 RCW). The Contcaetor is advised to corrsult the lndustrial Statistieian at the Washington Department of Labor and lndustriss to determine #he prevailing wages that must be paid. The Board is not responsible fof determir�ing the prevailing wages applying to this p�oject or for any prevailing wage payments that may be required by taw. 1.20. INSURANCE All self-insured risk ma�agement prcu�carr�s or setf-insurectfliability pool financial reports must comply with Generally Accep#ed Accounting Principles (GAAP) a�d adhere to accounting standards promulgated by: Governmental A�counting Standards 8oard (GASB), Financial Accounting Standards Board (FASB), and 24 City of federal Way Page 7 Contrad Tertns and CondiUons UV09 951-095 12/2212009 2009-2011 Urban YdaGly Grard Program iii. The Washington State Auditor's annual instructions for financial reporting. Contractors participating in joint risk pools shall maintain sufficient documentation to suppott the aggregate claim liability information reported on the balance sheet. The State of Washington, its agents, and employees need not be named as additional insured under a sel#-insured property/liability pool, if the pool is prohibited from naming third parties as additional insured. Employers Liabilitv ("Stop Gap")1'nsurance. In addition, the Contractor shall buy employers liabitity insurance and, if necessary, commercial umbrelia (iability insurance with limits not less than $1,000,000 each accident for bodily injury by accident of $1;000,000 each employee fior bodily injury or disease. Unemplovment and Intlustriai tnsurance_. The Contractor shall be in'full comptiance with all state unemployment and industriak insurance laws while performing wo�-k under #his contract. The Board will not be responsible far payrnent a# industrial cnsurance premiums or for any ather claim or benefit #or the Contractor, or any subcontractor or employee of the Contractor; which might arise under the intlustrial 'tnsurance laws during performance of this contract. Protection of Proieet Propertv Contractor's Assum�tion of Risk. The Contractor shali continuous�y maintain adequate pratection of a#1 the pro�ect work from damage and shall protect the propetty from injury or loss arising in eannectiort with this Contract. The entire work o# the Contraetor shall be at the sole risk of the Gontractar, The Contractor rnay etect ta secure fire, extended coverage, and vandalism insurance or all-ri5k insurance to cover the project work during the course of construction. The Contractor shall take all necessary precautions for the safery of employees working on the project, and shall comply with all applicable provisions of federal, state, and lacaf safety laws and building codes to prevent accidents or injuries to per�ons, on, abaut, or adjacent to the premises where the work is being performed. 1.21. RECAPTURE PROVISiON ln the event that the Contractor fa+ls to expend state funds in accordance with state law and/or the prqvisions of this Contra�t, the Board reserves the right to reeaptc�re state funds in an amount equivalent #o the extent o# noncompliance. Repayment by the Contractor of state funds cander this recapture provision shaH occur within thirty (30) days of demand. lrt the even# that the Board is requFred to institute proceedings to enforce this recaptufe provision, the Board shalt be entitled to its cost theGeof, inctuding reasonabte at�orney's fees. 1.22. REDUCTION iN FUNDS In the event state funds appropriated for fhe work contemplated und�r this Contract are withdrawn, reduce�i, or timited in any way by the Washington State Governor or Legislature during #he Contract period, the parties hereto shall be bound by any such revised fund�ng limitations as 'rmplemented at the discretion of the Soard, and sha11 meet and renegotiate the Contract accordingly. 1.23. REAPPROPRIATION The parties hereto understand and agree that any state funds not expended by June 30, 2011, inctuding the ten percent (10 retainage as described in Section 1.9, v�ritl lapse on that date unless spec�cally reappropriated by the Washing#on State Legislature or Govemor. The Board will make all necessary efforts to seek reappropriation of funds into the 2011-2013 biennium. If funds are so reappropriated, ihe Board's obligation under the terms of this Contract shall be contingent upon the terms of such reappropriation. City of Federal Way UV09-951-095 25 Page 8 12/2212009 ConVad Temis and CondiUons 2009-201 Ufian VRality GraM Program Part 2. GENERAL TERMS AND CONDITIONS 2.1. DEFINITIONS As used throughout this Contract, the foilowing terms shali have the meaning set forth below: A. B. C. D. E. F. °Authorized Representative" shall mean.,the Public Works Board Chair and/or the designee authorized in writing to act on �he Chair's behal#. "Contractor" shail mean the entity iden#ified on the face sheet performing service(s) under this Contract, and shall include ali ernpl�ayees and agents of the Contractor. "The Board" shall mean the Washingt�n State Public V1lorks B�ard created in Revised Code of Washington (RCW) 43.155.Q3�, and who is a Party to the Cantract. °Persoi�al Information" sha11 mean information identifiable to any person, including, but not limited to, infarmation that relates #c� a person's �ame, health, finances, educatic�n, business, use or r�ceipt of goverflmental services trr other activities, addresses, telephone numbers, social security numbers; d�iver license numbers, other identifying numbers, and any financial ide�tifiers. "State" shall mean the s�ate af Washington. "Subcontractor" shall rnean one not in the er�rployment of the Gantractor, who is performing alt or part of those sen+ices under this �nfract under a separate contract with the Contractor. The terms "subcQntractor"'and "subcontractors" mean subcontcactor(s) in any tier: 2.2. ALLOWABIE COSTS Costs attowable under this Gantract are actual expenditures according to an approved budget up to thE maximum arnount stated on the Contract Award or Amendment Face Sheet. 2.3. ALL 1l1�21TINGS CONTAINED HEREIN This Contract contains all the terxns and conditions agreed upon by the parties. No other understandings:, oral or otherwise, regarding the subject matter of this Contract shaA be deemed to exist or to bind any of the parties hereto. 2.4. AMEN�MENTS This Contract may be amended by mutuai agreemen# of the parties. Such amendments sha11 not be binding unless they are in writing artd signed by personnel authorized to bind each of the parties. 2.5. The Contractor must compfy with th€: ADA, w�ich provides comprehensive civil rights pro#ection to individuals with disabilities in the areas of employment, public accornmodations, state and local govemment services, and teleeommunications. 2.6. APPROVAL �This cont�act shall be subject to the written �pproval o# the Board's Authorized Representative and shall not be binding until so approved. The contract may be altered, amended, or waived only by a wri#ten amendment executed by both parties. 2.7. ASSIGNMENT Neither this Contract, nor any claim arising under this Contract, shaH be transferred or assigned by the Contractor without prior written consent of the Board. City of Federal Way UV09-951-095 26 �age 9 12122I2009 Cattrad Tertns and Conditans 2009-2011 Urban Vitality Grant Program 2.8. ATTORNEYS' FEES Unless expressly permitted under another provision of the Contract, in the event of litigation or other action brought to enforce Contract terms, each party agrees to bea� its own attorneys fees and costs. 2.9. AUDIT A. Gene�al Requirements Contractors are to procure audit services based on the following guidelines. The Contractor shaU maintain its records and accounts so as to facilitate the audit requirement and shalf ensure that Subcontracttus atso maintain audi#able records. Tfie Contractor is responsibte for any audit exceptions incurred by its own �rganization or that of its Subcont�actcxs. Ths Board reserves fhe rignt to recover from t�e Contractor all disallovued costs resulting from tfie audi#: As appticable, Contractors required to have an aud'+t must ensure the audits are performed i� accorciance with`GeneraAy Accepted Audifing Standa�ds (GAAS); Govemment A�cliting Standards (fhe Revised Yellow Book) cieveloped by the CornpttoNer General. Responses to any unresolved managemenffindings ar�d disaltowed or questioned casts shall be incfuded with the audit report. The Contractor must respond to the Board requests for information or corrective action conceming audit issues within thirty (30) days of the clate of request B. State Funds Requirements Contrac#ors expending $100,000 or more in total state fur�ds in a fiscal year �nust have a financial audit as defined by Government Auditing Standards (Th� Revised Yellow Book) and according to Genecafly Accepted Auditing Standards (GAAS). The'Schedufe of State F[stancial Assistance must be included. The schedule includes: Contractor agency name State program name BARS acccwnt number Contractor Agency contract number Contract award amount including amendme�ts (total granE av�ard) 6eginning balance Currenf year revenues Current year expenditures Ending balance Program total If the Contractor is a state or iocal govemment entity, the Office of the State Auditor shall conduct the audit. Audits of �on-profit organizations are to be conducted by a certified public accountant selected by #he Contractor. The Contractor shafl iriciude the above a�dit rcquirements in any subcontracts. In any case, the Contractor's financial records must be available for review by the Board. City of Federal Way Page 10 ConUactTertns and Condi6�s UV09-951-095 12/2212009 2009-2011 Urban V'da�ty Grant Pra,�ram C. Documentation Requirements The Contractor must send a copy of any required audit Reporting Package as described in OMB Circular A-133, Part C, Section 320(c) no later than nine (9) months after the end of the Contractor's fiscal year(s) to: Department of Commerce ATTN: Audit Review and Resolution Office 906 Columbia Street SW, Fifth`Floor PO Box 48300 Olympia WA 98504-830Q In addition to sendir�g a copy-of the autlit, when ap#�Iicable, the Contractor must include: Corrective action ptan for audit findings within three �3) months of the audit bei�g received by the Bt>ard. Capy of the Managemen# Letter. 2.10. CODE REQUIRENfENTS All constcuction and rehabititation projects must satisfy the requirements of applicable local, state, and federal build'tng, mecFtanical, plumbing, fire, energy and barrier-free codes. Complianee with the America�s with flisabilitrss Act ef 1990 28 C.F.R. F�art 35 will be required, as specified by the locat bu'iiding depa�frnent 2.41. CONFIDENTIALITY/SAFEGUARDING OF INFORMATfON A. "Confidential Information" as used in this section includes: a. A!1 material pravicfed to the Contractor by the Board thaf is designated as "confidential" by the Baard; b. RO material produced by the Contractor that is designated as "confidential by the Board; and c_ All personal infarrr�a�ion in the possession of the Contractor that may not be diselosed under state or federal. law. "Personal information" includes but is not limited to information related fo a person's name, heatth, finances, education, business, use of gover�menf servi�es, addresses, telephone nurnbers, sociai secu�ity number, driver's license number artd other ideniifying numbers, and "Protected Health Information" under the fedeFa( Health lnsurance Portabitity and Accountabitity Act of 1996 (H1PAA). B. The Contractor shall comply with all state and federal Faws retated to the use. sharing, transfer, safe, or disclosure o# Confdential Information. The Gontractor shall use Confidential lnformation soleiy for the purposes of this Contract and shall not use, share, transfer, selt or disclose any Confiden�ial In#ormation to any third party except with the prior written consent of the Board or as may be required by law. The Contractor shalt take ail necessary steps #o assure that Confidential Informati�r� is safeguarded fo prevent unauthorized use, sharing, transfer, sale or disclosure of Confidenti�i lnformation or violat'r�n o# any state or federal laws related thereto. Upon request, the Contractor shatl provide the Board with its policies and procedures on confidentiality. Th� Board may require changes to such policies and procedures as they apply to this ContraEE whenever.the Board reasonably determines that changes are necessary to prevent unauthorized disclosures. The Contractor shall make the changes within the time period specified by the Board. Upon request, the Contractar shali immediately �etum to the Board any Confidentiai Informafion that the Board reasonably determines has not been adequately protected by the Contractor against unauthorized disclosure. C. Unauthorized Use or Disclosure. The Contractor shatl notify the Board within five (5) working days of any unauthorized use or disclosure of any confidential information, and shall take necessary steps to mitigate the harmful effects of such use or disclosure. Ciiy of Federal Way Page 19 Conirad Terms and Conditions U j 1ypyP009 2009 2011 Urban Ytlality Grant Program 2.12. CONFORMANCE If any provision of this Contract violates any statute or rule of iaw of the state o# Washington, it is considered modified to conform to that statute or rule of law. 2.13. COPYRIGHT PROVISIONS Unless otherwise provided, ali Materials produced under this Contract shail be conside�ed "works for hire" as defined by the U.S. Gapyright Ac# antl shaif be ewned by the Board. The Soard shall be considered the author of such Materials. In the event the Materials are not considered "works for hire" under the U.S. Copyright laws, the: Car�tractor hereby irrevocably assigns all right, title, and interest in all Materials, incluciing all inte4le�tual property rights, moral rights, and rights of publicity to the Board effective from the moment of creation of'sucf� Materials: "Materials" means all i�ems in any format and inciudes, but is nat Nmited to, data, reports, documents; pamphlets, advertisernents, books, magazin�s, surveys, stwciies, computer programs, films, tapes, andtor sourt�l reproductior�s. "Own�rshipn includes the right to copyright, patent, register and the ab�tity to #ransfert[�se>rights: Far Materials that are delivered under the Contract, but that incorpo�ate pre-existing materials not produced under the Confract, the:Co�#ractor hereby grants to the B�ard a nonexclusive, royalty- free irr�vocable ficense (with righ#s to sub�icer�se to others} in sucfi Materials to translate, reproduce, distr'�bute, pre�are derivative works, publicly perfocm, ar�i publieiy display. The Contractor warran#s and represents that the Contractor has all rights and permissions, irrctuding intellectual praperty rights, moral rights and rights of publicity, necessary to gcant such a ticense to the Board. The Cantractor shall exert ali reasonable effort to advise the Baard, a# ftie time of delivery of Materiats fumished under this Contract, of all known or potential invasic}ns of privacy cbntained therein and of any portion of such document which was not produced irr the performance of this Contract. The Contractor sha[t provide the Board with prompt written Rotice of eaeh notice ar claim af infringement receivect by the Contractor with respect to any 11Aateriats delivered under this Gontract. The Board sha#I have th. e right to modify or remove any restrictive markings placed upon the Materiais by the Contractor. 2.14. DISAI.LOWE�' COSTS The Contractor is responsible for any audit exceptions or disaJlawed costs i�curred by its own organization or that of its Subcontractors. 2.95. DISPUTES Except as otherwise provicied in this Contract, when a dispute arises t�i�+veen the parties and it cannot be resolved by direct negotiation, ei#her par#y may request a dispute hearing with the Chair of the Board, who may designate a neu#raf person to decide the dispute. The request for a dispute hearing rnust: be in writing; state the disputed issues; state the relative positions of the parties; state the Contracto�'s name, address, and Contract number; and be maifed to the Chair and the other party's (respondent's) Representative within three (3) working days after #he parties agree that they cannot resolve the dispute. The respondent shall send a written answer to the requestor's statement to both the Chair or the Chair's designee and the requestor within five (5) working days. 29 Ciry of Federal Way Page 12 T� UV09-951-095 12J22I2009 2009-Za11 Urban V'Ra1'ity Grard Program The Chair or designee shall review the written statements and reply in writing to both parties within ten (10) working days. The Chair or designee may extend this period if necessary by notifying the parties. The decision sha11 not be admissible in any succeeding judicial or quasi judicial proceeding. The parties agree that this dispute proce�s shait precede any action in a judicial or quasi-judicial tribunal. Nothing in this Contract shall be construed to timit the pa�ties' choice of a mutually acceptable alternate dispute resolution (AdRj mefhod in addition to the dispute hearing procedure outlined above. 2.16. DUPLICATE PAYMENT The Cantractor certifies that work to be'performed under this contract does no# dupticate any work to be charged against any ather contraet; subcontract, or other source. 2.17. ETHICSfCflNFLICTS OF {NTERES7 In performing under this Contract, the Contractor shafl assure eompliance with the Ethlcs in Public, Senrice Act (Chapter 42_52 RCV1f) and any other applieable state or federal law related to ethics or conflicts of interest. 2.18. GOVERNING LAW AND VENUE This Contract shall be eanstn�ed and interpreted in accordance with fhe laws of the state of Washingtun, and`the venue a# any action brought hereunder sha11 be in the Superior Court foe Thurston County: 2.19. INDEM'NIFICATI�N To the fullest extent permitted by taw, the Contractor sha8 indemnify, defend, and hoid harrrtiess the state of Washington, the Board, atl other agencies of the state and all officers, agents and employees of the state, fram and agains# all claims or damages for injuries to persons ur property or death arising out of or incident to #he`Contractor's performance or failure to pertorm the Contract, The Contractor's at�ligation to indemnify, defend, and hold harmless includes any claim by the Contractor's agents, employees, representatives, oc any Subcontractor or its agents, employees, or representatives. The Contractv�'s obJigation to indemnify, 'defend, and hold harmless shali not be eliminated by any actual or alleged concurrent negligence of the state or its agents, agencies, employees and officers. Subcontracts shali include a comprehensive indemnificatian clause holding harmless the Contractor, #he'Board, the state of Washingto�; �fs ofificers, employees and authorized agents. The Contractor waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend and hold harmless the s#a#e and its agencies, officers, agents or employees. 2.20. INDEPENDENT CAPACITY OF THE CONTRACTOR The parties intend that an independent contractor relationship wiA be created by this Contract. The Contractor and its employees or agents performing under this Contract are not employees or agents ofi the state of Washington or the Board. The Contractor will not hold itseif out as or claim to be an officer or employee of the Board or of the state of Washington by reason hereof, nor will the Contractor make any claim of right, privilege or benefit which woufd accrue to such officer or employee under law. Conduct and control of the work will be solely with the Contractor. City of Federal Way Page 13 Contract Terms and Conditians UV09-951-095 12J2212009 2009-2011 U�ban V'da('iry GrantProgram 2.21. INDUSTRIAL INSURANCE COVERAGE The Contractor shall comply with all applicable provisions of Title 51 RCW, Industrial Insurance. If the Contractor fails to provide industrial insurance coverage or fails to pay premiums or penalties on behalf o# its employees as may be required by law, the Board may collect from the Contractor the full amount payabie to the Industriai Insurance Accident Fund. The Board may deduct the amount owed by the Contractor to the accident fund from the amount payable to the Contractor by the Board under this Contract, and transmit the deducted amount to the Department of Labor and Industries, {L8�1) Division of Insurance Senrices. This provrsion does not waive any of L8�1's rights to collect from the Contractor. 2.22. LAWS The Contractor shaU camply with-all aFpplieabfe laws, ordinances, codes, regulations and policies of local and state and federal govemments, as now ar herea€ter arnended includ'ing, but not limited to: Washirrgton �tate Laws and f�egulations Affirmatius activn, RCW 41.06.d2(1(11). Boards of directQrs or offrcers of non-profit corparations Liabiiity Limitafions; RCW 4.24.264. Disclos�rre-cam�aign fnances-lobbying, Chapter 42.97 RCVFI. 'Discrim�ation-human righ#s commission, Chapter 49.6� RCW. Ethics in pe�b�ic senr�ce, Chapfer 42.52 RCW. Hausing assistance pragram, Chapter 43.185'RCW Interlocal cooperat+or� aef; Chapter 39.34 RCW. t�oise co�trol, Ghapter 70.107 RCW. Office of minority and women's business enterprises, Chapter 39.1'9 RCW and Chapter 326-02 1NAC. Open pubi'�c meetings act, �hapter 42.30 RCW. Prevai}ing wages on pubtic works, Chapter 39.12 RCW. Pubtic recards act, Chapter 42.56 RCW. Relocation assistance reat property acquisition policy, Chap#er 8:26 RCW. Shoreline managemenf act o# 1971, Chapter 90.58 RCW. State budget�g, accounting, and reporting system, Chap#er 43.88`RCW. State bui}ding code, Chapter 19.27 RCW and Energy-related buitding standards, Chapter 1927A RCW, and Provisions in buildings for aged and handicapped persons, Chapter 7�.92 RCW. State Coastal Zone Management Program, Publication �1-06-003; Shorelands and Environmental Assistance Program,lNashington State aepartment o# Ecology. State er�vironmental policy, Chapter 43.21C RCW. State Execut�ve Order 0�=05 Archeological and Cultural Resources. 2.23. LICENSING ACCREDITATION AND REGISTRATION The Cor�tractor sha#1 comply with ail applicable local, s#ate, and federal lieensing, accxeditation and registrati�n requirements or standards necessary for the per�ormartce of this Contract. 2.24. LIMITATION OF AUTHORITIf Only the Authorized Representative or Auti�rized Representative's designee by writing (designation to b� cnade prior to action) shall have the express, irnplied, or apparent authority to alte�, amend, modi#y, or waive any clause or coridition Q# this Contract. 2.25. LOCAL PUBLIC TRANSPORTATION COORdiNATION Where applicabie, Contractor shall participate in local public transportation forums and implement strategies designed to ensure access to seroices. 3i City of Federal Way Page 14 Ca+tract Temis and Cond'dions U1/09-951-095 12I27J2009 2009 2011 Utban V'dality �rant Pragram 2.26. NONCOMPLIAIdCE WITH NONDISCRIMINATION LAWS During the performance of this Contract, the Contractor shail compiy with ail federal, state, and local nondiscrimination laws, regulations and policies. In the event of the Contractor's non- compliance or refusa! to comply with any nondiscrimination law, regulation or policy, this contract may be rescinded, canceled or terminated in whole or in part, and the Contractor may be declared ineligible for further contracts with the Board. The Contractor shall, howeve�, be given a reasonable time in which to cure this noncompiiance. Any dispute may be resolved in accordance with the "Disputes" procedure set forth herein. 2.27. POLITICAL ACTIVITIES Political activity of Con#ractor ernp(oyees and officers are limited by the State Campaign Finances and Lobbying provisions o# Chapter 42.17 RCW and the Federal Hatch Ac# 5 USC 1501 1508. No funds may be used for working far or against t�al�ot measures or for w against the candidacy of any person for public office. 2.28. PREVAILING WAGE LAW The Contractor cer#ifies that aif contractars and subc�ntractors performing vwork an Project shall comp4y with state Pr�vailing Wages on Public Works, Chapter 39.12 RCW; as applicable to fhe Projeef fiunded by #his contract, including but nat Gmited to the �Iing of the "Statement of lntent to Pay Prevailing Wages" ar�d "Affidavit of Wages Paid" as required by RCW 39.12.040. The Contractor shaN maintain records sufficient to evidence comptiance with► Ghapter 39.12 RGW, and shaN make such records available for the Board's review upon request; 2.29. PROHIBITFON AGAINST PAYMENT OF BONUS OR COMMISSION The funds provided under this Contract shall not be used in payment ofi any bonus or commission for the purpase o€obtaining approval of the application for such funds orany other approv�i or concurrence under this Contract provided, however, that reasonable fees or bona fide technieal consul�ant, managerial, or othersuch services, other than actual solic�tation, are not hereby prohibited if otherwise eligible as project costs. 2.30. PUBLICITY The Contraetor agrees not to publish or use any advertising or publicitymaterials in which the sta#e of Washington or the Board's name is men#ioned� or fanguage used from v�hich the corltrectic�n with the state of Washington's or the Board's name may reasonabty be inferred or implied, without#he prior written consent of the Board. 2.31. RECAPTURE ln the event that the Contractor faits to p�rform thts contract in aecordance with state iaws, federal laws, and/or the prov'rsions of this contract, the Board reserves the right to recapture funds in an amount to compensa#e the Board far the noncompliance in addition to any other remedies available at law or in equity. Repayment by the Contractor of funds under this recapture pravision shall occur within the time period specified by the'Baard. In fhe altemative, the Boartl may recapture such funds from payments due under this contract. 2.32. RECORDS MAINTENANCf The Contractor shall maintain a11 books, records, documents, data and other evidence relating to this Contract and performance of the services described herein, including but not limited to accounting procedures and practices which sufficiently and properly reflect all direct and indirect 32 City of Federal Way Page 15 Contract Tertns and Conditions UV09-951-095 12I22J2009 2009 2(111 Urban Vita6t�r Grard Program costs of any nature expended in the performance of this Cont�act. Contractor shall retain such records for a period of six years following the date of final payment. If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been finally resolved. 2.33. REGISTRATION WITH DEPARTMENT OF REVENUE lf required by law, the Contractor shall comp�ete registration with the Washington State Department of Revenue. 2.34. RIGHT OF INSPECTI4N At no additional costto the Boavd, all �ecorcis relating to the Contractor's performance under this Contract shall be subje+ct ak a� reasonable times to inspection, review, ar�d audit by the Board, the Office of the SfateAuditar; and federal and sta#e afficials so authorized by law, in order to monitor and evaluate performance;' cc�mptiance, and quatity assurance under this Contract. The Contractor shat� provide' access to its facilities for this purpose. 2.35. SAVINGS In the event funding frr�rrf state, federat, ar other soucces is withdrawn, reduced, or limited in any way after the effective date of this Contract and p.rior to normal campletian, the Board may terminate tt�e Cflntract under the "Termination for Convenience" clause, wifhout the Een business day notice requirement. In lieu of termination, the Contract may be amended to reflect the new funding limitations and cond�tions. 2.36. SEVf R�►8ILITY Ifi any provision of this Contract or any provision of any document incorporated by reference shalf be heid invafid, such invalidity shall not affect the other provisians of this Con#ract thaf can be given effect without the invalid provision, if such remainder conforms to the requirements of law and the fundarrrental purpose a# this Cantract and to this end the provisions of this Contract are declared to be -severable. 2.37. SUBCONTRACTING The Corttractor may onty suhcontract work contemplated under this Contract if it obtains the prior written approval of the Board. If the Board approves subcontracting, the Contractor shall maintain written procedures related to subcontracting, as well as copies o# aN subcontrae#s �nd records related to subcontracts. For cause, the Board in writing may: (aj require the Contractor to amend its subcontracting procedures as they retate to this Contract; (b) prohibit the Contractor from subcontracting with a particular person or entity; or (c) require khe Contractc3r to cescind or amend a subcontract. Every subcontract shat� b�nd the Subcontractor to follow a11 applicable terms of this Contract. The Contractor is responsibie to the Baard if the Subcontractor fails to comply wifh any applicable term or condition of this Contract The Con#ractor sk�all ap�ropriately moniCor the activities of the Subc�ntractor to assure fiscai conditions of this Contract. ln no event shall the existence of a subcontract operate to release or reduce the liabilify of the Contractor to the Board for any breach in the performance of the Contractor's duties. Every subcontract shaH include a term that the Board and the State of Washingtan are not liable for claims or damages arising from a Subcontractor's performance of the subcontract. 33 City of Federal Way Page 16 Contract Tertns and CaMitiuns UV09-951-095 12/22I2009 2009-2011 Urban VitaGiy Grant Program 2.38. SURVIVAL The terms, conditions, and warranties contained in this Contract that by their sense and context are intended to sunrive the completion of the performance, cancellation or termination of this Contract shap so survive. 2.39. TAXES All payments accrued on account= payro(I faxes, unemptoyment contributions, the Contractor's income or gross receipts, any ofher taxes, insurance or expenses for the Contractor or its staff shalt be the sole responsibility of the Contractor. 2.40. TERMINATlON FOR CAUSE SUSPENSION In event the Boarti 'determines th�f the Contractat:failed to compty with any term or condition of this Contract, the Board rt�ay terminate t� Cantract in whole c�- in part upon written notice to the Contractor. Such termir3ation shalf be d�emed "for'cause.°` Terrnination shall take effect on the date specified in th� natice. In the altemative, the Board upon written notice-may allow #he Cantrac#or a specific period of time i� which to correctthe r�cm-compliance. Dtaring the correctirre-action time period, t3ie 8oard may suspend further payr�ent to the Contractc�r in whole or in part, or may restrict the Contrac#or's right to perform duti�s under this Confract. Failure by the Contractor to take timely corrective action shall allow the 8oard to te�minate the Cantrac� upon written rtotice to the Confractor. `Termination for Cause" shall be deemed a"Termination for Convenience" wf�en the Board determines that the Contractor did not fail to comply with the terms of the Contract orwhen the Board determines #he faiture v�as not caused by the Con#ractor's actions or negligence. if the Contraet is terminat�ed #or cause, the Contractor shall be tiable #of damages as authorized by taw, inciuding, but not limited to, any cost difference between the original contract and the replacement contract, as-wetl as aH costs associated with entering into fhe repl�cement contract (i.e., cQmpetitive bidding, mailing, advertising, and staff time). 2.41. TERMINATION FOR CONVENIENCE Except as atiierwise provided in this Contraet the Hoard may, by ten (1Q) business days written notice, beginning on the second day af�er the maiting, terminate this Contract, in whol� or in part. If this Con#ract is:so Eerminated, the Board shall be liable only for payment req,uired under the terms of this Contract for services rendered or goods delivered prias to the effec#ive date of termination. 2.42. TERMINATION PROCEDI�RES After receipt of a notice of termination, except as othetwise directed by the Board, the Contractor sha1L A. Stop work u�eler the Confract o�t fiie date, and to the extent specified, ir� the notice; B. Place no further orders or subcontrac#s for materials, services, or facilities related to the Contract; C. Assign #o the State all of the tights, title, and interest of the Contractor under the orders and subcontracts so terminated, in which case the Board has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts. Any attempt by the Contractor to settle such claims must have the prior written approval of the Board; and D. Preserve and transfer any materiais, contract deliverables andlor the Board property in the Contractor's possession as direc#ed by the Board. 34 City of Federal Way Page 17 Contra� Terms ar� Conditions UV09-951-095 12I22/20U9 2009 201 t Urban V'rtal'ity GtantProgram Upon termination of the Contract, the Board shall pay the Contractor for any service provided by the Contractor under the Contract prior to the date of termination. The Board may withhold any amount due as the Board reasonably determines is necessary to protect the Board against potential loss or (iability resulting from the #ermination. The Board shall pay any withheld amount to the Contractor if the Board later determines that loss or liability will not occur. The rights and remedies of the Board under this section are in addition to any other rights and remedies provided under this Curttract or otherwise provided under law. 2A3. WAIVER Waiver of any default or breach shail nof be deemed #o be a waiver of any subsequent default or breach. Any waiver sha�l not be construed to be a modification of the terms of this Contract unless stated to be sucfi in writing and signed by Authorized Representative of the Board. C�y of Federal Way Page 18 Contract Tertns and Conditia�s UV09-951-095 12122I2009 2009-2011 Urban V'dality Grant Pragram ATTACHMENT I: PROJECT SCOPE OF WORK PUBLIC WORKS BOARD 2009-2011 URBAN VITALITY GRANT PROGRAM Contractor: City of Federal Way Contract Nurnber: UVQ9-951-095 Project Title: South 348th Street at 1st Avenue South Intersection The projecYs sc�pe of work �s comprised of the following activities: This confract provides`for the �natization of plans and specifications, advertizirrg, award, and improvement o# the S 348th Street Intersection at 1st AvenWe S incfuding approximateFy 1,300 tinear feet of imFrovements alongS 348th Street, approximate�y 1,320 linear feet of improvements a[ong 1'st Avenue S,: new asphatt concrete paverrten#, approximately �,050 linear feet of curb and gu�ters, approximately 1,700 square yards of sidewalks, media� canstruction, drainage impravements, structurai'retaining walls, traffic signal and i�terconnect, illumination (inciuding appraximately 14 new street lights), iandscaptng irnprovements, and other work. If the above scope of wark incfudes engineering, pianning, or design aetivities, the Contractar shaN make all plar�s and documents fiunded in whole or in part by this Contract available for the Board's review upan reasonable request. The project wili be:considered complete when ait the activities identified in the above sebpe of work are comptete. Atiditionally, the project performance measures listed betow mast be accomplished by tt�e end of November 2D10. The project v�rili impreve Levei of Service (LOS) at the project sife and travet time aFong the S 348th Street corridor. Currently, the intersection is o�rating at LOS "D" with 52.3 seconds of delay during Lhe PM peak period. The proposed improvements motdd improve the Level of Senri�e to LOS "C" rnrith Z7.9 seconds of delay. Corridor:travei time in both directions wauld be improved significantly dwe ta a reduction in congestion, increased tra�c #!ow through the intersection, and reduction in delay. These measures wi11 be measured using evening peak hour traffic counts the City of Federal Way collects every other year as part of our concurrency monitoring system. The tra�c counts are then evaluated using Synchro and Highway Capacity Manual methodology (traffic analysis software) to calcWate the performance measures. Current levels are basec� an 2008 couats incrsased at a growth factor of 2°� to approximate 2009 current conditions. T�affic counts will be taken in the fall of 2010 after completion of the project, and evaluated in Sy�chro to caiculate the final performanc� measures. The Contractor, by its signature below, certifies that the project's scc�pe of work and performance measures set forth above have been reviewed and approved by the Contracto�'s governing body as of the date and year written below. 36 City of Federal Way Page 19 P�� p� S� UV09 951-095 12122/2009 2009-2011 Urban �tality 6raMProgrdm SIGNATURE NAME TITLE DATE City of Federal Way UW9-951-095 Page 20 Attachment I: Projed Scape af Work 12/22/2009 2009-2011 Uiban �tadry GraM Program ATTACHMENT II: CERTIFICATION OF THE AVAILABILiTY OF FUNDS TO COMPLETE THE PROJECT PUBUC WORKS BOARD 2009-2011 URBAN VITALITY GRANT PROGRAM ContraCtor: City of Federal Way Cantract Nurnber: UV09-951-�95 i This Urban Vitality Grant Wash'tngton State Public Works 8oard $1,996,335.00 Grant #1 $0.00 Grant #2 $0.00 Grant #3' $0:00 $0.00 Tatal Grants Y K- �?�c�� Non-Match Loan #1 Non-Match Loan #2 r a m``.; ro *r,� E;� Tatai Non-Match Loans a $0.00 $0.00 �P�.Q� Loan #1 $0.00 Laan #2 $0 00 Loan #3 j _T_ �0 00 $0.00 Total toans r 9 Local Revenue #1 City of Federal Way Canstruction I $1,996,335.00 Locai Revenue #2 $0.00 Local Revenue #3 $0.00 Totai �ocai Revenue $1,996,335.00 Other Funds #1 $0.00 Other Funds #2 $0.00 $OAO Total ather Funds TOTAL PROJECT FUNDING $3,992,670.00 LOCAL PROJECT SHARE (MATCH FUNDS PERCENT) 50.00% 38 City of Federal Way Page 21 Attachrr�nt II: Availability of Funds Certfiqtion UV09 951-095 i?J22J2009 2009-2011 Utban VitaGty Grant Program The Contractor, by its signature below, certifies that project funding from sources other than those provided by this Contract and identified above has been reviewed and approved by the Contractor's governing body or board of directors, as applicable, and has either been expended for eligible project expenses, or is committed in writing and available and will remain committed and available solely and specifically for carrying out the activities described in ATTACHMENT l: PROJECT SCOPE OF WORK, as of the date and year written below. The Contractor shall maintain records sufficient to evidence that it has expended or Mas access to the funds �eeded #o comptete the activities described in ATTACHMENT l: PROJECT SCOPE OF WORK, and shall make such records available for the 8oard's review upon reasonable request. SIGNATURE NAME TITLE DATE 39 City of Federat Way Page 22 Atta�ment 11: Avaitabi6ry of F�mds Cer6fication UV09-951-095 12/22/2009 2009-2011 Urban Ydalily Grant Program ATTACHMENT ill: ESTIMATED PROJECT COSTS PUBLiC WORKS BOARD 2009-2011 URBAN VITALITY GRANT PROGRAM Contractor: City of Federal Way Contract Nurnber: UV09-951-095 SIGNATURE NAME TiTLE .DATE Ciry of Federal Way UV09-951-095 40 Page 23 12/22/2009 Attachment Iil: Estimated Projed Costs 2009-2011 Urban Vitality Grant Program The Contractor, by i#s signature below, certifies that the Estimated Rroject Costs set forth above have been revieuved and approved by the Contractor's goveming body or board of directors, as appiicable, as of the date and,year wri#ten below. ATTACHMENT iV: CERTIFICATION OF THE PAYMENT AND REPORTING OF PREVAILING WAGES PUBLIC WORKS BOARD 2009-2011 URBAN �/17ALITY GRANT PROGRAM Contractor: Gity of Fede�ai Way Contract Numtaer: 11i/09 951-095 The Co�tractor, by i#s signahare beiQUV, ce�tifes tha# al! contractors and subcontractors perfom�ing work on the project as described in ATTACHMENT i: PRQJEC7 SCOPE OF WORK shall comply with prevailing wage laws set forth in Chapter 39.12 RCW; as appiicable to the project furtded by this Contract, including t�ut not iimited to the frling of fhe "Statement af fntent to Pay Prevailing 1Nages° and "A#fidavit of Wages Paicl" as required by RCW 39.12.040. The Contractor shap maintain records sufficient fo evidence compliance with Chapter 39.12 RC1N, and shai# make such records available for #he Bc�rd's review upon reqaest. If any state funds are trsed by the Contrac#or €or the purpose of construcEion, appticable State Prevailing Wages must be paid. The Contractor, by its signature befaw; certifies that the declaratian set farth above has been reviewed and approved by the Contractor's governing body as of the date and year v+rritten belaw. SlGNATURE NAME T1TLE DATE 41 Ciry of Federal Way Page 24 Att�finent IV: Prevatlirx,� Wages C�tion UV09-9511195 12122f'2009 2009-2011 Urbarr VrtaNty Grar�t Ptogram ATTACHMENT V: CERTIFICATION OF THE INTENT TO ENTER THE LEADERSHIP IN ENERGY AND ENVIRONMENTAL DESIGN (LEED) CERTIFICATiON PROCESS PUBLIC WORKS BOARD 2009-2011 URBAN VITALITY GRANT PROGRAM Contractor: City of Federal Way Con#ract Nurnber: UV09-95"1-095 The Contractor, by its signature belaw, certifies that it will enter into the Leadership in Energy and Environmental Design (LEE�) certification process, as stipulated in RCW 39.35D, as applicable to the project described in ATTACHMENT 1: PROJECT SCOPE OF W�RK funded by this Contract. The Contractor st�all, upon receipt flf'LEED certification by the United States Green Building Council, provide documentation o# such certification #o the Board. The Contractor, by its signature below, certifies that the declaration set forth above hasi�en reviewed and approved by the Contractor's goveming body or board o# directors, as appfieable, as of the da#e and year written belaw. StGNATURE ��B`E APPL� N07' NAME �Q empt p x TtTLE DATE City of Federal Way Page 25 Attachment V: LEED Cefificatiai W09-951-095 12I2212009 2009-201� UrbanVitaqly�ramProgram COUNCIL MEETING DATE: January 19, 2010 ITEM SUB.iECT: 2010 Asphalt Overlay Program Revised Preliminary Project List and Authorization to Bid POLICY QUESTION Should the Council approve the Revised 2010 Asphalt Overlay Program Preliminary Project List and authorize staff to proceed with the design and bid of the proposed 2010 Asphalt Overlay Program? CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL COMMITTEE Land Use and Transportation Committee CATEGORY: Consent City Council Business Ordinance Resolution STAFF REPORT BY: Marwan Salloum P.E., Deputy Public Works Director� MEET[NG DATE January 4 2010 Public Hearing Other EP'[': Public Works Attachments: Land Use and Transportation Committee memorandum dated January 4, 2010. Options Considered: 1. Approve the revised list of streets for the 2010 Asphalt Overtay Project as presented. Furthermore, authorize staff to bid all or part of the 2010 Asphalt Overlay Project, returning with a request for permission to award the project within the available 2010 Asphalt Overlay Budget to the lowest responsive, responsible bidder. 2. Direct staff to modify the prelirninary list and return to Committee for further action. 3. Take no action and provide direction to staff. STAFF RECON[MENDATION Staff recommends forwarding Option 1 to the January 19, 20i0 City Council Consent Agenda for approval. CITY MANAGER APPROVAL: DIRECTOR APPROVAL: mi council ommittee council CON[MITTEE RECOMMENDATION Forward Option 1 to the January 19, 2010 Council Consent Agenda for approval. Linda Kochmaz, Chair Jim Ferrell, Member Dini Duclos, Member PROPOSED COUNCIL MOTION "I move approval of the updated list of streets for the 2010 Asphalt Overlay Project as presented. Furthermore, I authorize staff to bid all or part of the 2010 Asphalt Overlay Project, returning with a request for permission to award the project within the available 2010 Asphalt Over/ay Budget to the lowest responsive, responsible bidder. (BELOW TO BE COMPLETED BY ClTY CLERXS OFFICE) COUNCIL AC'i'[ON: APPROVED COUNC[L BILL DENIED l� reading TABLED/DEEERRED/NO AC1'ION Enactment reading MOVED TO SECOND READ[NG (ordinances only) ORDINANCE REV[SED 02/06/2006 RESOLUT[ON 43 CITY OF FEDERAL WAY MEMORANDUM DATE: TO: VIA: FROM: SUBJECT: January 4, 2010 Land Use and Transportation Committee Brian Wilson, City Manager Marwan Saltoum, P.E., Deputy Public Works Director Jeff Huynh, Street Systems Engineer 2010 Asphalt Overlay Program Revised Preliminary Project Lut and Authorization to Bid BACKGROUND• As part of the 2Q09-2010 mid-biennium budget adjustrnents the City Council appropriated and additional $500,000 to the 2010 overlay program. The new total estimated budget for the program is $2,173,435 and is comprised of the following: 2010 Proposed Overlay Budget $1,400,000 2009-2010 mid-biennium budget adjustments $500,000 2010 Structures Budget $146,267 2009 Carry Forward (estimate) $127,168 TOTAL FUND[NG AVAILABLE $2 ,173,435 The following is revised preliminary list of streets to be included in the 2010 Asphalt Overlay Program based on the additional funding for the 2010 overlay budget. The streets were selected using the City's Pavement Management System and were verified by field reconnaissance. The costs shown are estimated and will be refined as the design of each schedule is completed. A project vicinity map and more detaiied area maps are attached for your information. SCHEDULE A B C D E F G H DESCRIPTION AMOUNT ls` Way South —S 338�' to S 344` Street $419,900 S 317�' Street 23`� to 28`" Ave $202,300 Milton Road (S 369` to City limit) $376,000 23� Ave S 319�' to S 322" Street $240,000 S 320`�' Street 1 l�' Ave to 8�' Ave $271,000 S 320�' Street 8�' Ave to 6�' Ave $213,000 Marine View Fstate $3?Q;flOt� SW 29b S�cet �l�&,� ESTIMATED SUBTOTAL CONSTRUCTION PROJECT COSTS: 10% Construction Contingency Pavement Management System In-house Design Construction Administration City's Administrative Fee Printing and Advertising ESTIMATED TOTAL PROGRAM COST: $2,219,100 $221,900 $35,000 $63,000 $1 i 5,000 $72,000 $3,5� $2,729,500 44 January 4, 2010 Land Use and Transportation Committee 2010 Asphalt Overlay Program Page 2 of 2 The estimated cost of $2,729,500 is a preliminary figure used for estimating purposes only and includes construction administration, ten percent construction contingency, in-house design and construction management, printing and advertising. The 2010 Asphalt Overlay Project will be awarded within the available overlay program budget. Once Council approves the list of streets for the Overlay Program, staff will begin the final design. The anticipated date for advertising is February 2010, with construction beginning in May 2010. �»��zoomoi-oa-io m�o n�,8�� o�ert�y rsc ��.a� 45 N A-1 st Way S B S 317th S#reet N C Milton Road �D-23rdAveS E S 320th Street y`��' F S 320th Street N G- Marine View Estates H SW 296th Street Streets City of Federal Way 2010 Asphalt Overlay Preliminary List N Federaf Way CityMap Map Printed-0ec 14 Z�9 tvore: rnis n�p is inrenaed rur use as a graphk:ar repres�on on►r- Nlap made yr acan 4 6 rne c+Yy ot Fede►a► way ma�ces no wa�ran[y as to �Ys acamacy. N Schedule A 1 st Way South Federal Way CityMap Map P�4ntsdtiSep 17 2009 Note: fiis map is intended tor use as a graphical �ep�esentadon ady. �P h� 4 7 rne cCityy orFederai way rnalces no werrerNy as ro �s a�xacy Schedule B S 317th St N Federai Way CityMap �uap p�t�a,seP �7 soos n►�: n,��u�,�►��.��e���«►� wp m�de ty .kan 4 8 n►e CKy �Fede.al way m�ces no wranamy as ro Ars accure�.y. N Schedule C Mi1t011 R01d S Federal Way CityMap ��cea.se�,� �vote: n,is m� is unendad AOr use as e g�f�ca►�e�es�rt�inn «�Ir- 4 9 fie Cily �Fed�al Way makes rw wanady as do 1ts acc�scy. P���,� Map �le by �Can Schedule D 23rd Ave S 50 N Federal Way CityMap n►or�: rhrs �,�u;� u,r��ded aor+� a�rr�►,�re�eior, o►�r- rne cxya� way►�,�� �o ��y� �ous �y. Schedule E S 320th Street N Federal Way CityMap Map Prlr�ted-3ep 17 2009 nrote: 7his n� is 1r�ee�ed �o. u� as a graphical �preaer�fon or+ly. fuap mads by aaan 51 7he C�y of Federe/ way makes no wenar#y as eo its axwscy. Schedule F S 320th Street N Feder�l Way CityMap Nlap Printa�Sep 97 2009 Note: iriis map is intendad far use as a graphical repratevNaGion ady. 5 2 7rie City oiFederai Way makes no wa�irty as to rts acauacy. Schedule G Marine View Estates N Federaf Way CityMap Map P�,�tBa-0ec ,a 2�9 ,vae: rn;s,,,e�, rs rnrer�ded ror �e as a�► re�.,r�o., «rr. Map meds by accm 5 3 rne cCltyy ar-edera� waymdres ov wanaMyas ro ns acaaacy. Schedule H SW 296th St N Federal Way CityMap Map Prt�ea-uec 1a 2009 nroee: rn�s mayo �s,n�endae �o. use as a s►a�n� roa+�sen�a�a+ «d,� Map r�uds by �Cm 5 4 rne Crty orFede,al wey mak+es no war►antyas m�s acanacy. COUNCIL MEETING DATE: N/A CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM SUS.�ECT: Adelaide NTS New Speed Data POLICY QUESTION N/A. Item is for information only. COMMITTEE Land Use and Transportation Committee CATEGORY: Consent Ordinance MEETING DATE January 4 2010 Public Hearing City Council Business Resolution Other STAFF REPORT BYlRick Perez, P.E_, Ci _Traffic_ Engineer DEPT: Public Works At the November 2, 2009 Committee meeting, the Committee requested staff conduct new speed counts on 21 Avenue SW near SW 304�' Street in response to citizen concerns. Attachment: Memorandum to Land Use and Transportation Committee dated January 4, 2010. Options Considered: N/A. Item is for information only. STAFF RECOMMENDATION N/A. is�or information only. CITY MANAGER APPROVAL: v DIRECTOR APPROVAL: council COMMITTEE RECOMMENDATION N/A. Item is for information only. Council Linda Kochmar, Chair Jim Ferrell, Member Dini Duclos, Member PROPOSED COUNCIL MOTION No motion necessary. Item is for information only. (BELOW TO BE COMPLETED BYCITY CLERKS OFFlCE) COUNCIL ACTION: APPROVED COUNCIL BILL DENIED l reading TABLEDlDEFERRED/NO ACTION Enactmeot reading MOVED TO SECOND READ[NG (ordinances only) ORDINANCE REV[SED 02/06/2006 RESOLUTION [��.7 CITY OF FEDERAL WAY MEMORANDUM DATE: January 4, 2010 TO: Land Use and Transportation Committee VIA: Brian Wilson, City Manager FROM: Rick Perez, P.E., City Trat�ic Engineer SUBJECT: New Speed Data forAdelaide NTS Petition BACKGROUND: At the November 2, 2009 Committee meeting, the Committee requested staff conduct a new speed study on 21 Avenue S W to determine the extent of changes in traffic conditions from previous studies. The new studies indicate that speeds have crept upward on the northerly segment on 21�` Avenue SW (near SW 304`� �treet), but remained the same near SW 307` Street. Using the adopted Neighborhood Traffic Safety (NTS) Program criteria, the intersection of21s` Avenue SW at SW 304`� Street would score 1.5 points for speed, 0 points for volume, 0.5 point for having a school crossing, and 0 points for collision history. As such, the request for the all-way stop at 21�` Avenue SW at SW 304`� Street stiil does not meet NTS criteria. Furthermore, under current policy, the petition cannot be reconsidered untii 2011. One non-injury collision has been reported at this intersection since 2004. Another collision occurred in 2009 west of the intersection where the driver reportedly ran the stop sign on SW 304�' Street. It is not likely that either of these coilisions wou(d have been prevented by the installation of an all-way stop. 56