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LUTC PKT 03-18-1996 ~ City of FecleraFWay City...Council Land Use/Transportation ColllIDÌttee March IS, 1996. 5:30 pm .. City Hall Council Chambers AGENDA 1. CALL TO ORDER 2. APPROY AL OF MINUTES 3. PUBLIC COMMENT 4. BUSINESS ITEMS A. FEMA Emergency Reimbursement Action Roe/IO min B. 1996 Streets Asphalt Overlay Action Miller/15 min C. Metro ADA Bus Zone Accessibility Action MillerllO min 5. OTHER ITEMS 6. FUTURE MEETINGS/ AGENDAS Full City Council invited to the April 1 & 15 and May 6 meetings to review Non- Residential Code Amendments 7. ADJOURN Commirree Members: Phil Watkins, Chair Ron Gintz Mary Gates Ci ty Staff Greg Moore, CDS DirectOr Sandy Lyle, Administrative Assistant 66]-4116 4. 5. 6. Cìty of Federal Way City Council Land Use/Transportation ColllIDittee February 13, 1996 12:00 noon City Hall Council Chambers SUMMARY In attendance: Committee members Phil Watkins (chair), Ron Gintz, Mary Gates; Mayor Skip Priest; Assistant City Manager Philip Keightly; Community Development Services Director Greg Moore; Public Works Director Cary Roe; City Attorney Londi Lindell; Street Systems Manager Ken Miller; Traffic Engineer Saeid Daniari; Senior Management Assistant Dena Laurent; Administrative Assistant Sandy Lyle. 1. CALL TO ORDER The meeting was called to order at 12: 10pm. 2. PUBLIC COMMENT There was no public comment on any items not included in the agenda. 3. BUSINESS ITEMS A. Metro Fare Options - The metro/King County Council, through the Regional Transit Committee (RTC), has been working on the Six Year Transit Development Plan for 1996-2001 and will recommend transit fare policies at its March 7, 1996, meeting. The Suburban Cities Association (SCA) will be reviewing the fare policy issues at its meeting on February 14, 1996. The City of Federal Way Land Use/Transportation Committee of the City Council disagreed with any policy that causes ridership to drop. Of the fare zone alternatives, the Committee preferred a single zone defined by the urban growth boundary or a single zone. The members favored a flat fare which reduced "peak" hour fares and felt that an express surcharge was an acceptable option based upon time saved over a local route option. Senior and disabled fares should be increased to $.50. The Committee wished to see Vanpool subsidies without overhead recovery. Subsidized transit passes should be allowed for low-income Seniors and disabled based upon means testing. The Committee felt fares should be based upon the Metro 6-year plan and implemented by Fall of 1996 with review to occur every two years. The agreement on fares was moved to the February 20, 1996, City Council agenda for approval. If approved by the Council, staff will send a letter to King County Executive Gary Locke containing the recommendations. B. Legislative Agenda - Following the defeat of Referendum #48 last November, the Washington State House of Representatives and Senate have offered differing approaches to property rights reform during the current Legislative session. All versions of these bills offer some positive and some negative arrroaches to the "takings" issue. The Committee asked that a letter be sent to the legislative delegation reaffirming pnnc'lpk" sd forth last year to be included in this year's record. OTHER ITEMS There was no other business. FUTURE MEETINGS/AGENDAS The next meeting was scheduled for March 4, 1996. ADJOURN The meeting was adjourned at 1:20pm. 1:\I.U.TKANSIFEBI3Lur.SUM "larch 4, 1996 5:30pm City of Federal Way City Council Land Vse/Transportat.ion Committee Council Chambers SUMMARY In attendance: Committee members Phil Watkins (chair), Ron Gintz, Mary Gates; Community Development Services Director Greg Moore; Public Works Director Cary Roe; Assistant City Attorney Jim McNamara; Assistant Community Development Department Director Kathy McClung; Surface Water Manager Jeff Pratt; Surface Water Management Project Engineer Marwan Salloum; Administrative Assistant Sandy Lyle. I. 2. 3. 4. CALL TO ORDER The meeting was called to order at 5:40pm. APPRO V AL OF MINUTES The minutes of the February 5, 1996, meeting were approved as presented. PUBLIC COMMENT There was no public comment on any items not included in the agenda. BUSINESS ITEMS G. ADU's/School Impact Fees - At the January 22, 1996, Land Use/Transportation Committee meeting the question was raised as to whether it would be possible to apply a reduced school impact fee on Accessory Dwelling Units (ADUs). Unless special provision was made otherwise, AD Us would ray a school impact fcc' of $1423. It was determined that a reduced imract fee for ADUs would be a vIOlatIOn of the equal protection clause of the U. S. Constitution. In light of this conclusion two alternative amt.:ndments to the Impact lee ordinance were written. The first alternative creates a window of one year in which all ADUs, nt.:w or existing. would be exempted from payment of school impact fees. The second alternative would create a ont.: year window during which only existing ADUs would be exempted from the rayment of school impact fÚs. "Existing" ADUs would be defined as those which were in a condition at the time that the ordinance was adopted to fall within the definition of an ADU, whether occupied or not. The Committee m/s/c exemption of existing ADUs, whether occupied or not, for the one year window. Jody Putman of the Federal Way School District called this a compromise with benefits for both the City and ADU owners. The item moved to City Council for approval. A. King County 2012 Countywide PlanninQ Policies - King County has requested the City review and ratify two amendments to the King County Countywide Planing Policies (KCCPP's). Policy CA-l makes language consistent with that contained in ESB 5776 addressing the issue related to the appropriate use of Army Corps of Engineers manual for delineation of wetlands. The second amendment adds 28 acres of land to a King County rural designation that was previously contained in the Renton/King County Joint Planning Area (JPA). The amendment then adds approximately 30 acres of land to the Renton Urban Growth Area (UGA) that was formerly designated as a part of the JPA. This "swap" of land is necessary due to the fact the location of a bridge is changing to the east of its current alignment. Since neither of the proposed amendments has a significant affect on Federal Way and the City is already in compliance with the provisions of ESB 5776 the proposed amendment is simply a housekeeping item. It was m/s/c ratification of the changes in the Countywide Planning Policies and forward such approval to the full City Council at the March 19, 1996, meeting. B/E. Planning Commission Priorities & 1996 Work ProQram - Following dIscussIon regardIng the: meanlllg 01 yearl) updates of the Comprehensive Plan, the Committee m/s/c the Planning CommIssIon Priorities and 19% Wor~ Program. The priorities, in order, are I) Non-residential Code Amendments and DesIgn Guidelines, 2) House Bill 1724, Regulatory Reform, 3) Junk Vehicles, 4) Comprehensive Plan Update, and 5) Enchanted Parks Annexation. If permit activity decreases or if projects are completed sooner than estimated, more items will be introduced to the Planning Commission. 5. 6. C. Planning Commission Appointment - The Committee rn/s/c staffs recommendation to reduce the number of Planning Commission members from nine to seven. A quorum thus changes from five to four. Following recommended approval by the City Council, the amended bylaws would reflect a seven member commission with two alternates. Me Brian Johnson will continue as an alternate. It was also m/s/c to advertise earlier in the spring for vacant positions with interviews being held in the fall. D. Sign Code and Enforcement - At the February 5, 1996, Land Use/Transportation Committee meeting it was suggested to hire summer interns to help complete the sign enforcement program this summer. This unbudgeted program represents an approximate $30,000 cost for four interns and the equirment they will need. The amount is 5.2% of the City Manager's contingency fund, the means by which the program would need to be funded. The Committee m/s/c approval of the summer intern program and moved it to tht: full City CouncIl for approval. F. Unfunded Mandatesll724 - This item was deferred to a later meeting. H. FEMA Disaster Funding - The flooding and windstorms that occurred in King County between November 7 and December 18, 1995, have been declared a major disaster. As a result, The City is eligible to recover approximately $28,624. Eligible expenditures are reimbursed by FEMA at 75 % and by the State of Washington at 12.5%; the remaining 12.5% is borne by the City. In addition, the City is allowed a 3% administrative overhead amount, which is calculated on the adjusted 87.5 % reimbursement total. The Committee m/s/c that staff pursue Federal and State Emergency Disaster Funding by approving the Resolution designating the Public Works Director as the City's Agent; completing the Disaster Assistance Application and the Agreement between Washington State Emergency Management and the City of Federal Way; and forwarding these documents to the March 19, 1996, City Council meeting for approval. 1. February 8/9 Flood Debriefing - Due to ground saturation associated with the freeze/thaw that preceded the rains of February 5 through 9, 1996, the capacity of the retention/detention basins, streams, channels and storm sewers within Federal Way were taxed beyond capacity. Localized flooding and mudslides occurred at several locations. At the worst point in the storm, staff responded to seventy-seven calls for assistance requiring action. Subsequently, the City has identified a few storm damage related projects for which it may be able to obtain Federal Disaster Assistance. The committee commended staff for all the hard work, long hours, and success stories. J. South 356th Street Regional Storage Facility (85 % Design Comrlete) - The proposèd South 356th Stlwt Stormwater Control Facility has reached the 85 % design complete stage. Prorerty acl ulsltlon contlnuèS successfully. The scope of the original project as been modified to include a conveyance line along what will one day be South 352nd Street from SR 99 to SR 161. Construction of this line by the City will result In a net positive balance of funds in excess of $100,000, a portion of which will be directed toward the rroject and a portion of which will be used to underground utilities along the SR161 corridor. WSDOT will pay the City $717,000 for the construction of this line. The Committee m/s/c authorization to proceed with completion of the design plans and return to Committee and Council for permission to bid the project. K. Gated Communities - Because of a potential appearance of fairness, Mary Gates excused herself from the discussion of gated communities. Committee members Watkins and Gintz agreed to forward to City Council with no recommendation the entire issue of Gated Communities for consideration at the March 19, 1996, meeting. Council packet materials will include the full packet of items as presented to the Land Use/Transportation Committee. OTHER ITEMS Mr. Mark Freitas, Planning Commission Chair, was commended for all the countless hours he and other Planning Commission members have donated to the community over the last two years. He and other Planning Commissioners worked to completion on the thorny issues of Sign Code, Comprehensive Land Use Plan, and Zoning Code Revisions. Many thanks to Mr. Freitas. FUTURE MEETINGS/ AGENDAS The next meeting was scheduled for March 18, 1996. 7. ADJOURN The meeting was adjourned at 6:50pm. 1:ILIJ-TKANSIMAR4LUf.SUM CITY OF ... : . : 1:3:1~ ~~ FÐ' DATE: March 13, 1996 TO: Phil Watkins, Chair Land Use/Transportation Committee Cary M. Roe, Public Works Director ê~ Jeff Pratt, Surface Water Manager441 , ¡r ~JJ Federal Emergency Management Administration (FEMA) State of Washington Military Department Emergency Management Disaster Funding FROM: SUBJECT: BACKGROUND The flooding that occurred in King County between January 26 and February 23, 1996, has resulted in a Presidential Emergency Declaration (EDllOO) which was signed on February 9, 1996. As a result of the declaration, Federal Way is eligible to recover a portion of the expenditures made in responding to these events. Estimated eligible expenditures are approximately $70,000. The final amount will be determined within the next few weeks. The Federal Emergency Management Agency (FEMA) has already approved reimbursement of expenditures totaling $28,046.52. Eligible expenditures are reimbursed at 75 % by FEMA; 12.5 % by the State of Washington; with the remaining 12.5 % borne by the City. The City is also allowed a 3% administrative overhead amount, which is calculated on the adjusted (87.5%) reimbursement total. SUMMARY In order to participate in the Federal/State Emergency Management Program, the City is required to complete and/or execute the following documents which are attached to this memorandum: Document . Notice of Interest Form . Designation of Applicant Agent . Disaster Assistance Application . W A State Emergency Management Agreement Status/Action Requested Confirmation of submitted form Approve attached Resolution Approve submittal of application Approve attached Agreement RECOMMENDATION Authorize staff to pursue Federal and State Emergency Disaster Funding for the above referenced disaster by approving the attached Resolution designating the Public Works Director as the City's Agent; Disaster Assistance Application; Agreement between Washington State Emergency Management and the City of Federal Way; and forward these documents to the April 2, 1996 City Council meeting for approval. ITP:jg Attachments cc: Cary M. Roe, Public Works Director Project FilelDay File k_\£.-2.- û FEDERAL EMERGENCY MANAGEMENT AGENCY NOTICE OF INTEREST IN APPLYING FOR FEDERAL DISASTER ASSISTANCE PAPERWORK BURDEN DISCLOSURE NOTICE Public reporting burden for this form is estimated to average 30 minutes per response. This includes the time for }Viewing instructions, searching existing data sources, gathering and maintaining the data needed, completing, reviewing, and submiting the form. Send comments regarding this burden estimate or any aspect of this requirement, including suggestions for reducing this burden to: Information Collections Management, Federal Emergency Management Agency, 500 C Street, S.W., Washington, D.C. 20472; and to the Office of Management and Budget, Paperwork Reduction Project (3067-0033), Washington, D.C. 20503. "NOTE: Complete form and turn into the Governor's Authorized Representative at the Applicants Briefing for this major diaster, but not later than 30 days after your County is designated eligible for Public Assistance". DECLARATION NUMBER PROJECT APPLICATION NUMBER NOI DATE (For Agency Use Only-FPS #) O.M.B. NO. 3067-0033 Expires May 31, 1996 FEMA- \\ 00 - ~ l~ ,.¿(~ \'-'\i ~ -DR The purpose of this form is to list damages to property and facilities so that inspections may be appropriately assigned for formal survey. REQUIREMENTS FOR FEDERAL DAMAGE SURVEYS A. DEBRIS CLEARANCE "g[ On public Roads & Streets including ROW ~ Other Public Property 0 Private Property (When undertaken buy local govt. forces) 0 Structure Demolition B. PROTECTIVE MEASURES Q5I Life and Safety "'&1.Property 0 Health ;ßlStream/Drainage Channels "'. ROAD SYSTEM ø Roads ~ Streert 0 Control Traffic ~ Bridges e1 Culverts D. D. WATER CONTROL FACILITIES ø Dikes D Dams J2j Drainage Channels D Irrigation Works D Levees D . F. PUBLIC UTILITY SYSTEMS D Water DSanitary Sewerage ~Storm Drainage 0 LighVPower D. E. BUILDINGS AND EQUIPMENT ~ Buildings and Equipment cg;J Supplies or Inventory ~ Vehicles or other equipment D Transportation Systems D. G. OTHER (Not in the above categories) .è( Park Facilities 0.Recreational Facilities . Indicate type of facilitiy NAME OF POLITICAL SUBDIVISION OR ELIGIBLE APPLICANT (NOTE: If private Non-profit. provide name of facility and/or Non-Profit Owner) ç \ '\ ' \ ô ç.. \-~D \:: f< A "- W A ~t REPRESENTATIVE 1. \ c.. ß..i<-\( Ro~ BUSIN::"S:D~:E~ (Inc.lude ZiP\~:d~ c => J --' .:::> L::> :;,0 . PRIVATE NON-PROFIT DYES ØNO CO~N7 K\~(.r- ~.,~:), s \~J.I;\ilJè1 W~ BUSINESS TELEPHONE (Include Area Code and Extension) i .'7 ('\ /. f \ \ í'- \. ~""_L'} C_l-ß \ - -.. u '\ "'> REPRESENTATIVE 2. ~~;¿l.,) .A."J (~) Ç\. \.\... (.)'--^ '^"'- BUSINESS ADDRESS (Include Zip Code) 1- \ >\" " , \ '-:; fJ \ td. ( " .~~J' \~ ' \ I \:,.J-,- -,;> .. ',~ - "~)) ') ::., I ' ~ ,.{J V,I TELEPHONE (Include Area Code and Extension) (, .\./1 \\,',,- \ ,,---,. '-:)) \--D'.." l - '--\" \ '\ \ FEMA Form 90-49. MAY 94 RELPACES ALL PREVIOUS EDITIONS Ú U,S, GPO: 1994-1316-518/81033 Page 1 of 2 RESOLUTION'NO. ~ A RESO=IOO OF THE CITY ro~CIL OF THE CITY ~4Pr OF FEDERAL WAY, WASHINGTON, AUTHORI ZING THE PUBLIC WORKS DIRECTOR TO APPLY FOR FUNDING NECESSARY FOR THE REPAIR AND RESTORATION OF PUBLIC FACILITIES DAMAGED DURING THE WINTER OF 1996 WHEREAS, the city of Federal Way (the "city") sustained storm damage during January and February, 1996; and WHEREAS, Federal disaster relief funding is provided by the Federal Emergency Management Agency ( " FEMA " ) and is administered by the State of Washington Military Department (the "Department"); and WHEREAS, under the authority of Presidential Major Disaster Declaration FEMA 1100-DR-WA, the Department has authority to reimburse the City for those eligible costs and activities necessary for the repair and restoration of public facili ties damaged during the period of January 26 through February 23, 1996; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY HEREBY RESOLVES AS FOLLOWS: section 1. Desiqnation and Authorization. The Public Works Director is hereby designated as the City's authorized representative for obtaining federal and/or emergency or disaster assistance funds and is hereby authorized to execute applications for reimbursement of all eligible costs incurred in repairing and restoring public facilities damaged between January 26 and February 23, 1996. , Page # Res. # section 2. Severability. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this resolution. section 3. Ratification. Any act consistent with the authority and prior to the effective date of the resolution is hereby ratified and affirmed. section 4. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way city Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, this day of , 1996. CITY OF FEDERAL WAY MAYOR, MAHLON H. "SKIP" PRIEST ATTEST: CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: CITY ATTORNEY, LONDI K. LINDELL FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. K:\RESO\FEMA Rev. 8-23-95 pw k:\fema\draft2.res 3/13/96 Res. # , Page # DISASTER ASSISTANCE APPLICATION OEM -131 -' Application Identifier: State Number: Federal Number. FEMA-1100-DR-WA Federal Catalog Number: 83.516 Title: Disaster Assistance Declaration Date: February 9, 1996 Applicants Project Application Number: Legal Applicant Recipient - Applicants Name City of Federal Way - Address 33530 First Way So - Street I P.O. Box - County King - City Federal Way - Zip Code 98003 Applicant Agent: - Name Cary M. Roe Phone Number: - Title Public Works Director Work ( 206) 661 - 4130 Home ( 360) 825 - 9102 Signature Date: Type of Applicant: A - State F - Higher Educational Institution B - County G - Indian Tribe C - City H - Private NonProfit D - School District I - Other (Specify) E - General Purpose District Enter Appropriate Letter C Congressional District Number. 9th State Legislative District Number. 30th Governors Authorized Representative: Signature: Date: ; WMD Agreement No.: MD-97-6127- /3<1 p, STATE OF WASHINGTON MILITARY DEPARTMENT STATE EMERGENCY MANAGEMENT ~ £ ~ uJdÁ/ 1.0 PARTIES TO THIS AGREEMENT This agreement is made and entered into by and between the WASHINGTON MILITARY DEPARTMENT or i~ ~u agency, h re,nafter referred to as "DEPARTMENT', and the (';£t¿- '8U.A 14- hereinafter referred to as the "AP . ANT'. WHEREAS the DEPARTMENT is authorized by the 1996 FEMA-State Agreement for the February 1996 Flood Event to execute on behalf of the State of Washington all necessary documents for public assistance, including approval of sub-grants and certification of claims; THEREFORE, both parties mutually agree to the following: 2.0 PURPOSE Federal funding is provided by the Federal Emergency Management Agency (FEMA) and is administered by the DEPARTMENT. Under the authority of Presidential Major Disaster Declaration FEMA 11 OO-DR-WA, the DEPARTMENT is reimbursing the APPLICANT for those eligible costs and activities necessary for the repaJr and restoration of public facilities damaged during the period of January 26,., J_996 continu:~ng through February 23, 1996. TIME OF PERFORMANCE' 3.0 Activities payable under this agreement and to be performed by the APPLICANT under this agreement shall be those activities which occurred on or subsequent to the incident period defined in the FEMA-State Agreement and shall terminate upon completion of the project( s) approved by federal and state officials, including completion of close out and audit. This period shall be referred to as the "Agreement Period." 4.0 CLOSE-oUT It shall be the responsibility of the DEPARTMENT to issue close-out instructions to the APPLICANT upon completion of the project(s). FEMA-110o-0R-WA 2/96 Page 1 of 10 5.0 6.0 FUNDING The DEPARTMENT will administer the disaster assistance program and reimburse any eligible costs for eligible projects to the APPLICANT which are identified under the auspices of the Presidential Major Disaster Declaration FEMA-1100-DR-WA. It is understood that no final dollar figure is committed to at the time that this agreement is executed, but that financial commitments will be made by amendments to the project application as Damage Survey Reports are completed in the field and projects are authorized by state and federal officials. Pursuant to the FEMA-STATE AGREEMENT, the Federal Emergency Management Agency will contribute 75 percent of the eligible costs for any eligible project and 100 percent of the administrative costs, as provided for in subsection 4 of Section 6.0. Pursuant to the FEMA-STATE AGREEMENT, the DEPARTMENT will commit the required 12.5 percent match to any eligible project for the APPLICANT which has been identified under the Presidential Major Disaster Declaration FEMA-1100-DR-WA. The APPLICANT will commit the required 12.5 percent match to any eligible project for the APPLICANT which has been identified under the Presidential Major Disaster Declaration FEMA-11 OO-DR-WA. PAYMENTS The DEPARTMENT, using funds granted for the purposes of the Presidential Major Disaster Declaration from FEMA and the state of Washington, shall issue payments to the APPLICANT as follows: 1. Small project payments: Payments are made for all small projects to the APPLICANT upon submission and approval of an A-19-1A Invoice Voucher to the DEPARTMENT. 2. Progress Payments: Progress payment of funds for costs already incurred on large projects may be made to the APPLICANT upon submission and approval of an A-19-1A, Invoice Voucher from the APPLICANT to the DEPARTMENT. 3. Final Payment: Final payment will be made upon submission by the APPLICANT on form DEM-DO1 (2189), STATEMENT OF DOCUMENTATION IN SUPPORT OF AMOUNT CLAIMED FOR FINANCIAL DISASTER ASSISTANCE upon completion of project(s), completion of all final inspections by the DEPARTMENT, and final approval by FEMA. Final payment may also be conditioned upon a financial review, if determined necessary by the DEPARTMENT or FEMA. Adjustments to the final payment may be made following any audits conducted by the Washington State Auditors Office or the United States Inspector General. FEMA-110o-0R-WA 2/96 Page 2 of 10 7.0 8.0 4. The APPLICANT is eligible to receive federal administrative monies, upon completion and closure of tt),e project, for the costs of requesting, obtaining, and administering the disaster assistance grant based upon the following percentages of total eligible costs: . For the first $100,000 of eligible costs, three percent of such costs; For the next $900,000, two percent of such costs; . . For the next $4,000,000, one percent of such costs; and For those costs over $5,000,000, one-half percent of such costs. . 5. All payment requests shall be made on an A~19-1A form, State of Washington, Invoice Voucher. Funding shall not exceed the total federal and state contributions eligible for the repair and restoration costs under this Presidential Major Disaster Declaration FEMA-11 OO-DR-WA 6. RECORDS MAINTENANCE The APPLICANT shall maintain books, records, documents, and other evidence and accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this agreement. These records shall be subject at all reasonable times to inspection, review, or audit by DEPARTMENT personnel, other personnel duly authorized by the DEPARTMENT, the Office of the State Auditor or the United States Inspector General. The APPLICANT will retain all books, records, documents, and other material relevant to this agreement for six years after the agreement is closed and the Office of the State Auditor, the United States Inspector General, or any persons duly authorized by the DEPARTMENT shall have full access to and the right to examine any of said materials during said period. AUDITS Audits shall be in accordance with the Single Audit Act of 1984. The APPLICANT is to procure audit services based on the following guidelines: 1. APPLICANT receiving less than $25,000 in federal funds in a fiscal year is exempt from compliance with the Single Audit Act. However, records must be available for review by the DEPARTMENT. APPLICANT receiving $25,000 to $100,000 in total federal funds in a fiscal year may chose to have an audit made in accordance with Office of Management and Budget's (OMB) Circular A-128 or a program audit. 2. FEMA-1100-DR-WA 2/96 Page 3 of 10 3. APPLICANT receiving $100,000 or more in a fiscal year in total federal funds shall have a Single Aydit made in accordance with OMB Circular A-128. As applicable, the APPLICANT must ensure the audit is performed in accordance with Generally Accepted Accounting Principles; Government Auditing Standards developed by the Comptroller General, dated July 1988; the OMB .Compliance Supplement for Single Audits of State and Local Governments; and all state and federal laws and regulations governing the program. The audit of the APPLICANTS program shall be conducted by the Office of the State Auditor. The APPLICANT must prepare a Schedule of Financial Assistance for federal funds that includes: grantor name, program name, federal catalog (CFDA) number, grantor agreement number, total award amount, beginning balance, current year revenues, current year expenditures and ending balance. The APPLICANT shall maintain its records and accounts in such a way as to facilitate the DEPARTMENTs audit requirements, and ensure that Subcontractors also maintain records which are auditable. The APPLICANT is responsible for any audit exceptions incurred by its own organization or that of its Subcontractors. The DEPARTMENT reserves the right to recover from the APPLICANT disallowed costs resulting from the final audit. The APPLICANT is responsible for sending the audit report to the DEPARTMENTs Internal Audit Manager as soon as it is available, but no later than thirteen months after the end of the APPLICANTs fiscal year. Responses to previous management findings and disallowed or questioned costs shall be included with the audit report. The APPLICANT will respond to the DEPARTMENTs requests for information or corrective action concerning audit issues within 30 days of the date of the request. The APPLICANT shall include these requirements in any subcontracts. 9.0 RECOVERY OF FUNDS In the event that the APPLICANT fails to complete the project(s), fails to expend or is over advanced federal funds in accordance with federal or state disaster assistance laws or programs, or is found by audit or investigation to be owing to the state, the DEPARTMENT reserves the right to recapture funds in accordance with federal or state laws and requirements. Repayment by the APPLICANT of agreement funds under this recovery provision shall occur within 30 days of demand. In the event that the DEPARTMENT is required to institute legal proceedings to enforce this recovery provision, the DEPARTMENT shall be entitled to its costs thereof, including reasonable attorney fees. FEMA-110Q-OR-WA 2/96 Page 4 of 10 The APPLICANT shall be responsible for pursuing recovery of monies paid under this agreement in providing disaster assistance against any party that might be liable, and further the APPLICANT shall cooperate in a reasonable manner with the State and the United States in efforts to recover expenditures under this agreement. In the event the APPLICANT obtains recovery from a responsible party, the APPLICANT shall first be reimbursed its reasonable costs of litigation from such recovered funds. The APPLICANT shall pay to the state the proportionate state and federal share of all project funds recovered in excess of costs of litigation. 10.0 CONFLICT OF INTEREST No officer or employee of the DEPARTMENT; no member, officer, or employee of the APPLICANT or its designees or agents; no member of the governing body of the jurisdiction in which the project is undertaken or located; and no other official of such locality or localities who exercises any functions or ' responsibilities with respect to the project during his or her tenure, shall have any personal or pecuniary gain in interest, direct or indirect, in any contract, subcontract, or the proceeds thereof, for work to be performed in connection with the project assisted under this agreement. ' The APPLICANT shall incorporate, or cause to incorporate, in all such contracts or subcontracts, a provision prohibiting such interest pursuant to the purpose of this provision. 11.0 POLITICAL ACTIVITY No portion of the funds provided herein shall be used for any partisan political activity or to further the election or defeat of any candidate for public office or influence the approval or defeat of any ballot issue. 12.0 ASSIGNMENT This Agreement, and any claim arising under this agreement, is not assignable or delegable by the APPLICANT either in whole or in part. 13.0 SUBCONTRACTS FOR ENGINEERING SERVICES In the event that the APPLICANT subcontracts for engineering services, the APPLICANT shall require that the engineering firm be covered by errors and omissions insurance in an amount not less than the amount of the firm's subcontract. If the firm is unable to obtain errors and omissions insurance, the firm shall post a bond with the APPLICANT for the benefit of the APPLICANT for not less than the amount of its subcontract. Such insurance or bond shall remain in effect for the entire term of the subcontract. The subcontract shall provide that cancellation or lapse of the bond or insurance during the term of the subcontract shall constitute a material breach of the subcontract and cause for subcontract termination. The APPLICANT shall cause the subcontractor to provide it with a 30 day notice of cancellation issued by the insurance company. FEMA-110Q-OR-WA 2/96 Page 5 of 10 14.0 AMENDMENTS This agreement contains the terms and conditions agreed to by the DEPARTMENT and the APPLICANT. Any additional terms and conditions imposed by the Federal Emergency Management Agency or the DEPARTMENT will be incorporated into an amendment. Such amendments shall not be binding unless they are in writing and signed by persons authorized to bind the parties. No other understandings, oral or otherwise, regarding the subject matter of this agreement shall be deemed to exist or to bind any of the parties hereto. 15.0 APPEALS Consistent with the Code of Federal Regulations, 44 CFR Chapter 1, Section 206.206, the APPLICANT may appeal any determination previously made related to the federal assistance for the APPLICANT. The APPLICANTS appeal shall be made in writing and submitted to the DEPARTMENT withìn 60 days after receipt of notice of the action which is being appealed. The appeal shall contain documented justification supporting the APPLICANTS position. Upon receipt of an APPLICANTS appeal, the DEPARTMENT will review the material submitted, make such additional investigations as necessary, and shall forward the appeal with a written recommendation to the FEMA within 60 days. Within 90 days following receipt of the appeal, FEMA shall advise the DEPARTMENT, in writing, as to the disposition of the appeal or the need for additional information. If the decision is to grant the appeal, then FEMA will take the appropriate implementing action. 16.0 GOVERNING LAW AND VENUE This agreement shall be construed and enforced in accordance with, and the validity and performance hereof shall be governed by, the laws of the State of Washington. Venue of any suit between the parties arising out of this agreement shall be the Superior Court of Thurston County, Washington. 17.0 SAVINGS The DEPARTMENT may unilaterally terminate all or part of this agreement, may reduce its scope of work or decrease the percentage of matching costs, if there is a reduction in funds by the source of those funds, and if such funds are the basis for this agreement. 18.0 TERMINATION Except as otherwise provided in this Agreement, either party may terminate this Agreement upon giving thirty (30) days written notice to the other party. In the event of termination of this Agreement, the terminating party shall be liable only for performance of services rendered prior to the effective date of termination. FEMA-1100-DR-WA 2/96 Page 6 of 10 19.0 WAIVERS No conditions or provisions of this agreement can be waived unless approved by the DEPARTMENT in writing. The DEPARTMENT's failure to insist upon strict performance of any provision of the agreement, or to exercise any right based upon a breach thereof, or the acceptance of any performance during such breach, shall not constitute a waiver of any right under this agreement. 20.0 INDEMNIFICATION Each party shall protect and hold harmless the other party from and against all claims, suits or actions arising from any negligent act or omission of that party's employees, agents and/or authorized subcontractor(s) while performing under the terms of this agreement. The APPLICANT, and its employees, contractor(s) and subcontractor(s) shall hold harmless the United States, and its agents and employees from and against all claims, damages, losses and expenses arising out of or resulting from the approved work, regardless of whether or not such claim, damage, loss or expense is caused entirely or in part by the United States. 21.0 APPLICANT ASSURANCES In addition to the Terms and Conditions specified herein, the APPLICANT also agrees to the following assurances: 1. The APPLICANT hereby assures and certifies that they will comply with state and federal laws and regulations, including but not limited to the provisions of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288, as amended; 44 CFR Part 13, 44 CFR Part 206, and the Washington State Public Assistance Manual dated December 1995. These regulations and requirements are hereby incorporated into this agreement by reference. The emergency or disaster relief work for which federal or state assistance is requested herein does not or will not duplicate benefits received for the same loss from any other source. 2. 3. The APPLICANT will operate and maintain the facilities in accordance with the minimum standards as may be required or prescribed by the applicable federal, state and local agencies for the maintenance and operations of such facilities The APPLICANT will, for any repairs or construction financed herewith, comply with applicable standards of safety, decency and sanitation and in conformity with applicable codes, specifications and standards, and will evaluate the hazards in areas in which the proceeds of the grant are to be used and take appropriate action to mitigate such hazards, including safe land use and construction practices. 4. FEMA-110Q-OR-WA 2196 Page 7 of 10 5. The APPLICANT will not enter into a contract with a contractor who is on the General Services Administration (GSA) Lists of Parties Excluded from Federal Procurement or Non-procurement Programs. The APPLICANT will comply with minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act. 6. 7. The APPLICANT shall comply with all applicable federal and state non- discrimination laws, regulations, and policies. No person shall, on the grounds of age, race, creed, color, sex, religion, national origin, residence, marital status, or disability (physical, mental, or sensory) be denied the benefits of, or otherwise be subjected to discrimination under any project, program, or activity, funded, in whole or in part, under this Agreement. A violation of this provision is a material breach and cause for termination under Section 18.0 of this Agreement. The APPLICANT shall utilize certified minority-owned and women-owned businesses (MWBEs) to the maximum extent possible in the performance of this agreement. 8. 9. The APPLICANT does not have to comply with the provisions of the Davis-Bacon Act for grants made under the disaster assistance program. However, if FEMA and any other Federal agency are a party to a contract for the repair or restoration of a public building or public facility, the contract would have to comply with the Davis-Bacon Act. Eligible private non-profit organizations are required to obtain an independent audit in accordance with the Single Audit Act requirements. All costs of said audit are the responsibility of the private non-profit organization. Additional funds beyond those provided in the administrative allowance are not available for payment of said audit. Eligible private non-profit organizations must comply with the audit requirements of OMB Circular A-133, Audits of Institutions of Higher Education and Other Nonprofit Organizations. 22.0 OWNERSHIP OF PROJECT/CAPITAL FACILITIES 10. The DEPARTMENT makes no claim to any capital facilities or real property improved or constructed with funds under this Agreement, and by this grant of funds does not and will not acquire any ownership interest or title to such property of the APPLICANT. The APPLICANT shall assume all liabilities arising from the ownership and operation of the project and agrees to hold the DEPARTMENT and the state of Washington harmless from any and all causes of action arising from the ownership and operation of the project. 23.0 ACKNOWLEDGEMENTS The APPLICANT shall include language which acknowledges the funding contribution of the DEPARTMENT and the Federal Emergency Management Agency (FEMA) to this project in any release or other publication developed or modified for, or referring to, the project. FEMA-1100-DR-WA 2/96 Page 8 of 10 24.0 INSURANCE The APPLICANT will comply with the insurance requirements of Public Law 93-288, as amended, and obtain and maintain any other insurance as may be reasonable, adequate, and necessary to protect against further loss to any property which was replaced, restored, repaired or constructed with this assistance. 25.0 SEVERABILITY In the event any term or condition of this agreement or application thereof to any person or circumstance is held invalid, such invalidity shall not affect other terms, conditions, or applications of this agreement which can be given effect without the invalid term, condition, or application. To this end, the. terms and conditions of this agreement are declared severable. . 26.0 ORDER OF PRECEDENCE In the event of an inconsistency in this agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: a. b. c. Applicable Federal and State statutes and regulations; Applicable approved Damage Survey Reports; and Any other provisions of the agreement whether incorporated by reference or otherwise. 27.0 AGREEMENT ADMINISTRATION APPLICANTs representative shall be Carv M. RO4=! The DEPARTMENTs representative shall be Donna Voss. 28.0 ENTIRE AGREEMENT This Agreement sets forth the entire Agreement between the parties with respect to the subject matter hereof. Commitments, warranties, representations and understandings or agreements not contained, or referred to, in this Agreement or written amendment hereto shall not be binding on either party. Except as may be expressly provided herein, no alteration of any of the terms or conditions of this Agreement will be effective without the written consent of both parties. FEMA-1100-DR-WA 2/96 Page 9 of 10 IN WITNESS WHEREOF, the DEPARTMENT and the APPLICANT have executed this agreement as of the date and year written#below. ' Applicant Signature Printed Name: Title: Linda Burton-Ramsey, Director Emergency Management Division Washington Military Department DATE: APPROVED AS TO FORM DATE: Kim O'Neal Assistant Attorney General APPLICANT - PLEASE PRINT THE FOllOWING TO EXPEDITE PROCESSING DATE: 1-5-96 Federal Tax ID No. (TIN): 91-1462550 State Emergency Management Camp Murray Tacoma, Washington 98430-5122 Organization: C:i ty of Federal Way Address: 33530 Fi rst Way So Federal Way, WA 98003 (360) 923-4577 CFDA: 83.516 Phone: (206) 661-4130 FEMA-1100-DR-WA 2/96 Page 10 of 10 Item CITY OF FEDERAL WAY CITY COUNCIL LAND USE/TRANSPOR T A TION COMMITTEE Date: March 7, 1996 From: Ken Miller, Street Systems Manager ~~, Subject: Metro Bus Zone Improvements Rackgrnllnd: The City has been awarded a grant through the State of Washington's Central Puget Sound Public Transportation Account (CPSPTA). The grant is administered by Metro, and is to be used for improving bus zone accessibility Citywide. Construction will include new wheelchair ramps, sidewalk widening and sidewalk repair. The grant amount is $134,000, with a local match of $22,000, a Metro match of $44,000, for a total project amount of $200,000. The following is a preliminary list of streets on bus routes identified for these improvements, located at various locations along these routes: . 21st Avenue Southwest . Southwest 32Oth Street . South 32Oth Street . South 348th Street . Pacific Highway South These routes are preliminary, and routes will either be added or deleted depending on project costs determined in the final design of the project. The design and construction of the project will be performed by Metro, with joint approvals from the City and Metro. Attached is a draft Interlocal Agreement prepared by Metro and the City, which outlines the acceptance of the funds and responsibilities of both parties. This project is scheduled for construction in the summer of 1996. Cnmmmp.p. Rp.cnmmp.ndatinn. LandlUse Transportation Committee to recommend approval of the following items and forward to the April 2, 1996 City Council meeting for approval as a part of the consent agenda: 1) Accept the CPSPTA grant funds. 2) Authorize City Manager to execute the Interlocal Agreement with Metro for the bus zone sidewalk improvements . Authorize the local match of $22,000, the funds will be taken from unappropriated streets capital funds remaining in the 16th Ave. South Street Improvement Project constructed by King County in 1993. 3) APPROVAL OF COMMITIEE REPORT: Committee Chair: Phil Watkins Committee Member: Mary Gates - "'- n_, ,--- .------ -,-,---_..'--"-- Committee Member: Ron Gintz. ,__m ,..-- --- --- --- ,- O:\CLBRK\CMTE2.REC 3/12/96 K:\STREETS\METRO.MEM cc: Project File, Day File FROM I METRO SERV I œ œ'v'EL...OF TO 2Ø6661412'9 1':396,Ø3-13 1ØI:36Ff-1 1+':37':3 P.Ø2/Ø7 draft 3/13196 IN'l'EIU.ocAL AGREF.MENrl' BE'lWEEN KING (~()UNTY DRPARTM~NT OF TRANSPORTATION, TRANSIT DIVISION AND TilE Cln' 0)1 FEDERAL WAY FOR DESIGN AND CONSTRUCTION OF BUS WNE ACCESSmILITY IMPROVEMENTS THIS AGREEMENT is made and entered into this - - day of - . -' 199-, by EUW \)Qtweeo t~ King County Doparlmc::nt Transponatlon, Transit Division, hereinafter called IIMetro," find the City of Fcderal Way, hereinafter called the "City," and collectively hereinafter Q\lIoo the 'þanies," WJ JEREAS. Metro operates wheelchair accessible bu$cS in its provision of public tran~portalion services in King County; and WHEREAS, not all bus zones in King County are accessible fbr persons who use wheelchairt;; and WHERliAS) Metro ha!l entered into Agreement 4S-540(00])-1 with the Washí~rton State Tran~ortat1on Improvement Board for the purpose of receiving grant fimds to be used. in part for the constmctlon of bus 7.0ne accessibility improvements in the Citys right-of-way; and 'VHEllliAS. the City has agreed to contribute: tow8Td the local match of this grant for the p1.11"pOSe ofthc design IUld oonstf1lclion ofl\cccssibility improvements at such zones as shall be mutually ngrcoo upon betwc;'eJ1 Metro and the City; and NOW, THEREFORE, in consideration of the n1utùa1 covßnaTlts contained herein, the sulIicìency ofwhich is hereby acknow]edged, the parties hereto agree a$ follows: 1, Sitÿ Selection. Representatives from Metro and the City shall meet to review current bus zones clOd identify those zones which need accessíbility improvements. Such improvements may include, but are not limited to bus landing padB, ~idvwalks/pathwaY::l) curb ramps, milings and supporting &ttuctures such as retaining walls. The parties shaH mutually agree in writing upon a list of s.jtes and improvements to be dcsigned and constructed, along with 811 itemized e£-1nnate of COS\S fOT each zonc improvement, prJor to commencement of any design or construction work under thi5i ^grccmcnt. l1ie agreed upon improvements shall hereinafter be refèIToo to as the "zone improvements." At a minimum, both parties will select sites con~idcring the following criteria: acœssibmty needs, rjden¡hip) customer rcqllCSts for improvcments level of service, costs, and -1- FROM: I"ETRO SERV I œ DEVELOP TO 2Ø66614129 199Ei,Ø3-13 10:3~ ~9?9 P.Ø3/07 relatioß!\hip to other l'elcwant locations such as senior centcrs, wroup hÖMCS, otc, In additio!\, feedback may be reœived tTom Metro and City staff. The final Asrced upon liet of 5itcs and ímprovements wiD be approved by the Metro Supervisor ofTrallsit Facilities and the appropriate City contact. 2. DcBÍgu of Jmprovcß)ents. Metro shaH pClfonn all nece¡sruy administrative, d~sigl'l7 engi nccling, and estimating work relnted to the zone improvement 8. The city shall review and approve all construction drawings before construction work bcsins. 3. Constnlction Work. Metro shall pcñonn, or subcontract for the pcrfoJ1l' anc;e of, aU construction work necessary to instal] the zone impmVCJ11onts, The City shall review any Requests for PropoRals/Qualificatìons or other documents prepared by Metro for the: pUipOse of procuring a subcontract priur to the publication or release of such procurement documents, 4, Contract Administratioll. Metro shall be responsible I(.>f the admini~tration of any subcontracts it enters into for the perfbnnance of it!: rcgponsibilities under this Ab'ree111Cnl. Metro shall award and administer any such subcontracts in Hccordt\l1CC with applicable King County code provís:ions. Prior to final acceptnnc.ç of a contractor's work by Metro, Metro and the City shall partidpatc jointly ill II. final inspection ofthc contractor's work, 5. pc:.nllits. Approval! , And Community Relations. The City I!grccs to i:S:!iue t1mVQr obtain all permits, licenses, easements, and approvals nøcessary to pclform the construction wo '~ pay all fees or costs associated therewith, keep records of all information relevant to said approvals. and provide Metro with a wpy of same. The City shall be responsible for conducting 11.11 necessary community relations activíticg related to the com~tructÎOI1 work 6. Schedul~. Work under thie A8r~ment shall be (;(lmpleted and linnl acceptance issued per Section 7 no Jatol'dum June 30, 1997. 7. Final A..Q(:~ptElt1~. Upon notification by Mctro of completion of the work of this Agreement, the City shaJl inspect the 7DOO improven1cnts and approve the work that ha~ been satisfactorily completed. Ift1¡e City tinds any work which does not meet the tenus of this AgrocmMt or åny specifioation~ or tcrm:s eslt¡bli5hcd thereunder, Üle City wHl prepare a Jist of such items and submit it to Metro. 8. Ownersbjp a.l1d,Maintcnan~. Unless ot1¡erwise agreed to ¡n writit1g by the parties, all zone improvements sha1l become the property of the City upon their compleLlon and final acceptance. TIJe City shall be responsihle: and liable th~reafter for ongoing maintenance, repair, and replacanent of the LOne improvements. 9. Lt:tcaLMa.tch, Tho City agrcos to contribute the Jooal match required by the Wa~hiftBton Stato Trl1n¡;portatìoll Improvement Bonrd of eleven percent (1 J%) ofthc total project -2- FROH : rv1ETRO SER'J I CE DEVELOP TO 2Ø66614129 1996,Ø3-13 lØ:37~ ~979 P.Ø4/Ø7 costs, not to eKocc:d twenty-two thousand and 001100 dollars ($22,000). Upon invoice by Metro, 4t ðpproVa! of the construction designs and at final acceptance, the City agtees to submit cash payment of cleven percent (11 %) of project expenses less the City' B in-kind contribution for the review of dcsisns and inspection of improvements. Total in-kind contributions made by the City arc not to exceed two thousand and 00/100 dollars ($2,000), Expenditures under this Agreement shall not e~cced the; amounts set forth in the Budget whìch is attached and made a part of Exhibit A. 1O, l&saJ Relations. Jt is understood and agreed that this Agreement is solely for the beneflt of the parties hereto lInd gives no right to any other party. No joint venture or partner$hìp jg formed as It result of this Agreement. No employees or agents of one party or any of its contractors Of subcontraCiors shall be deemed, or represent thcl11selve!!i to be, empJoyoos of the othcr party. TIle City shall comply, and shall ensure that its contractors comply, with (a) all terms of Agreement 4 S~540(OO 1}- 1 between Metro and the Washington State Transportation Improvement Board which are incorporated herein by this reference; and (b) all federaJ, stale and lOCAl laws, regulations, and ordinances applicabJe to the work and services to be performed under this Ab'J'eemcm, Washington Jaw shall govern the respective liability between the parties to this Agre~ment for any los5 due to property damage or personal liability arising out of the acHvjties conducted pursuant to thÎs Agreement. This Agreement shall be interpreted in accordanoe with the laws ofthe Stale of Washington in effect on the date of execution of thi.'i Agrec'ment. The Superior Court of King Count, Washington, shall have exclusive jurisdiction and venue over any legal action ari8ing under thif: AW~l11ont. The provisions ofthis section shalt survive any termination of this ^!:\recmeut. 11 , Rerords and Audit During the progress of the J)roject and fur u period not less than three (3) yc.ar~ ñ.OO1 the date of compktion, records and accounts pertaining to the I'roject and aooounting therefor iÌrt: to be kept available by the City for inspection and audit by represcntativeE: of Metro. Copies of the records shall be furnished to Metro upon request and shall be mtÙntainoo in acc{)rdance with R work order accounting proceduro prescribod by the Division of MunIcipal Corporations of the State Auditor's Office. 12. puration ar&.IroDina.tion. This Agreement. shall take effect upon its signill8 by both panics, Either party may tennin8te this Agreement in the event the other fails to perform its oblígations us described in this Agreement, and such tàìl\1re hAS not been correctc.d to the reasonable sutisfaction of the other in a timely mannor aftm' notioo ofbrcacb bas been provided to such other patty. MeT-fo may terminate this Agreement without recourse by the City where þßrfoIm8J1O(;; is rendcrod impossible or impractical for reasons beyond (¡uch party's I'easonftble control, in¡; uding but .3- FROM: METRO SERIJ I CE ŒI."JELOP TO 2Ø66614129 1996,03-13 10: 38I=N **'379 P. flfõ/eJ7 not JiJnited toJ terminI1tion of the grant furub: supporting this Project. l1'. the event Metro terminates this Agreement. it shall reimburse the City'sloOAf match contribution, minus It pm-rata payment for work performed prior to the date notice of termination is provided. Notice of termination of this Agreement ghaJl be given by tho party tcmùI1iIting tillS Agreement to the other pm1y not Jess than fourteen (14) days prior to the effective date of termination. Provided, however) either party may a1~ terJ11.inatc this Agreement for convooienoe and without cause' by pwyidìns tho other pftrtywith at. least sixty (60) days' written notice of such termination. Failure to require full and timely performance of EUiy provi'¡on ai m1Y lime shaD not waive or reduce the right to insiJ:t upon complete and timely perfUrmancc of such provision thereafter. t ). project are: h!cntificaûon of Contacts 8t City and Metro. The following. agency contacts for this Mctr.o : King County Depanrnent of Transportation 821 Second Ave, MS 64 Seattle, WA 98]04-1598 ^ttn.: Paul Roybal (206) 684-] 520 ~y; CityofFcderal Way 33530 First Way South Jìederal Way) WA 98003 Attn,; Pearl KronsU\cI. J',E., Public Works (206) 66 J -4134 14, Entire Agr~mmt. This document conta.În:¡ aU tcnns, conditions, and provisions agreed upon by the partie!ò hereto, and shall not be modified except by written amendment signed by both pal1ies, Such a.mendn1Cnts may be made to this Agreement within the previously approved blldgt.t or othel' appliCiIDlc authority foJ' and on behalf of the City by its City Mangerj and for and on behalf of Metro by the Supervisor of Transit Facilities. 1 S. ~yerability. Jf any provisions of this Agreement are held invalid by a court of competent jurisdiction) the remainder of this Agreement shalll1ot be affected thereby if such remainder would then rontinuc to servetl1c purposes and objectives originally contemplated. ..4- FROM; t"ETRO SERV I CE DEVELOP TO 2Ø66614129 1996,Ø3-13 lØ:39RM #979 P.Ø6/Ø7 IN W1TNESS WlmlŒOF, tho partics hereto have cxecut.ed this Agreement this -- dAyof___.199~. CITY OF FEDERAL WAY By; '.- Kenl\cth E Nybe¡'g, City Manager Attest: N. Christine Green, c.M.C., City Clerk Approved as to Form: -'. '.~-".. Londi K. Lindell, City Attomcy K1NG COUNTY DEPARTMENT OF TfV\NSPORTATlON By; H&~ _. .s~ FROt1 : METRO -;'1:- ,:;:V I ~ DEVELOP TO 212166614129 1996,1213-13 1Ø:3~ ~ P.Ø7/Ø7 $ 22,000 $ 44,000 $ 134,000 $ 200~ 000 EXHlBIT A PROJECT nUDGET City Funds Metro Fund!: . Washington State Transportation Jm»fovement Board (CPSP'fA) Grant l'unds Maximum Total Expenditures -6~ Item CITY OF FEDERAL WAY CITY COUNCIL LAND USE/TRANSPORTATION COMl\.ßTEE Date: March 13, 1996 ~r From: Ken Miller, Street Systems Manager Subject: 1996 Asphalt Overlay Program Background: City Staff has developed a recommended list of projects for the 1996 Asphalt Overlay Program. The streets were selected based on the City's pavement management system and verified by field reconnaissance. The following is a list of the recommended streets. The costs shown are estimated, and will be refined once the design of the projects are completed. Schedule A Schedule B Schedule C Schedule D Schedule E Schedule F Schedule G TOTAL ESTIMATED COST Emmett's Area 1st Avenue South South 320th Street 10th A venue South South 336th South 5th Avenue South Campus Drive Southwest $132,196 $60,935 $217,602 $82,144 $58,714 $136,032 $106,111 $793,734 The cost for each project includes the design, inspection, construction administration, and contingency. Attached is a detailed list of all the streets and a project location map. The budget for the 1996 Asphalt Overlay Program is $ 725,000, less $40,000 associated with the Streets Engineer Position. The above cost of $793,754 is a preliminary figure and the contract will be awarded within budget. First Avenue South, Schedule B, will be widened to a 3-4 lane section and rechannelized. This will provide a two way left turn lane to enhance safety and operation of the roadway. Due to the complexity of this work, an additional $20,000 will be required to complete the project. These funds will be transferred from the street operating budget (small works) to the Asphalt Overlay account. Once the list of projects for the overlay program is approved by Council, staff will finalize the design of the projects. The anticipated date for advertising the program is in June 1996. Commütee Recommendation- Committee to recommend approval and place the following items on the April 2, 1996 City Council meeting consent agenda: 1) 2) 3) Approve the list of streets for the 1996 Asphalt Overlay Program; Authorize staff to bid the project, bids will be brought back to Committee and Council for approval prior to award of contract. Authorize staff to transfer $20,000 from the Streets operating budget to the Asphalt Overlay account to complete the widening project on 1st Avenue South. APPROVAL OF COMMITTEE REPORT: Committee Chair: Pha Watkins Committee Member: Mary Gates ---_..,-,-",... , --..'" ----- Committee Member: Ron Gintz O:\CLERK\CMTB2.REC 3/12/96 K: \streets\960VL Y\960LCOMM.MEM cc: 1"6ASPHALTOVERLAYPROG~M Schedule A - F..mmett' ¡1 Arp.D 5th Ave SW - From Dash P.t. rd.. to SW 299th PI 5th Ave SW - From SW 298th St to Cull-de-sac S. Cull-de-sac - From 5th Ave SW to Cull-de-sac W. 7th Ave SW - From SW 296th St to sw 297th St SW 297th St - From 4th Ave SW to 7th Ave SW Cull-de-sac - From SW 297th St to Cull-de-sac S. Cull-de-sac - From SW 297th St to Cull-de-sac S. SW 298th St. - 5th Ave SW to 8th Ave SW SW 299th St - From 4th Ave SW to 8th Ave SW SW 299th Pl- From 5th Ave SW to 8th Ave SW Schedule R - 1 ¡1f A venue South 1st Ave S - From S 320th St to 1287' N. Schedule C - South 32Oth Street S 320th St - From Pacific Hwy S to 1-5 SB Ramps (South outside lane only). 23rd Ave S. - From S. 316th St. to S. 317th St. Schedule D - 10th Avenue Southwest 10th Ave SW - From SW 334th St to 6th Ave SW Schedule F.. - South 336th Street S 336th St - From Pacific Hwy S to 1-5 Schedule F - 5th A venue South 5th Ave S. - From S. 32Oth St to 1st Ave S. Schedule G - Campus Drive Southwp_~ Campus Dr SW - From 19th Avenue SW to 10th Ave SW K:\STREETS\960VL Y\960VER.MEM -+ SCHEDULE A SCHEDULE F . SCHEDULE E f' SCHEDULE D SCHEDULE G --- ....--