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LUTC PKT 06-13-2011City of Federal Way City Council Land Use/Transportation Committee June 13, 2011 City Hall 6:00 p.m. Council Chambers MEETING AGENDA Electronic 1. CALL TO ORDER 2. PUBLIC COMMENT (3 minutes) 3. COMMITTEE BUSINESS Topic Title/ Description A. Approval of Minutes: April 18, 2011 and May 16, 2011 B. Truck Route Code Amendment C. 2012 — 2017 Transportation Improvement Plan (TIP) D. DOE Stormwater Retrofit and LID Competitive Grant — Authorization to Accept E. Acceptance of Grant Funding for Transportation Improvement Projects — Safe Routes to Schools Presenter Page LeMaster 2 Action Council or Info Date Time Action N/A 5 min. Perez 6 Action Perez 11 Action Appleton 21 Action Salloum 100 Action 6/21/2011 Ordinance 1St Reading 6/21/2011 Consent Resolution 6/21/2011 Consent 6/21/2011 Consent Resolution 15 min. 10 min. 5 min. 5 min. 4. OTHER 5. FUTURE MEETINGS/AGENDA ITEMS: The June 20, 2011 LUTC meeting is being postponed until Monday, June 27, 2011 at 6:00 PM in City Hall Council Chambers. Please also note that the July 4, 2011 meeting will be cancelled due to the holiday. LUTC should be back to its regular schedule as of the July 18, 2011 meeting. 6. ADJOURN Committee Members Linda Kochmar, Chair Jim Ferrell, Member Jack Dovey, Member G.-13-2011 LUTCAgenda.d- City Staff Cary M. Roe, P.E., Director of Parks, Public Works and Emergency Management Darlene LeMaster, Administrative Assistant H 253-835-2701 April 18, 2011 6:00 PM City of Federal Way City Council Land Use/Transportation Committee MEETING SUMMARY City Hall City Council Chambers Committee Members in Attendance: Committee Chair Linda Kochmar and Committee Member Jim Ferrell Committee Member Jack Dovey excused. Staff Members in Attendance: Director of Parks, Public.Works and Emergency Management Cary Roe, Deputy Public Works Director Marwan Salloum, Street Systems Project Engineer Brian Roberts, Street Systems Project Engineer John Mulkey, Senior Traffic Engineer Jesse Hannahs, Community and Economic Director Patrick Doherty, Building Official Lee Bailey, Assistant City Attorney Peter Beckwith, and Administrative Assistant II Darlene LeMaster. 1. CALL TO ORDER Committee Chair Kochmar called the meeting to order at 6:00 PM. 2. PUBLIC COMMENT There was no public comment. 3. BUSINESS ITEMS Forward Topic Title/Description to Council A. Approval of the April 4. 2011 LUTC Minutes N/A Committee approved April 4, 2011, LUTC minutes as presented. Moved: Ferrell Seconded: Kochmar Passed: Unanimously, 2-0 B. Federal Way Revised Code (FWRC) — Unfit Structures Code Amendment May 3, 2011 Ordinance Community and Economic Director Patrick Doherty presented information on this item. There V Reading was no public comment or discussion. Committee forwarded Option #1 as presented. Moved: Ferrell Seconded: Kochmar Passed: Unanimously, 2-0 C. S 320`" St at I-5 Southbound Off -Ramp Channelization Project — Bid Award May 3, 2011 Consent Street Systems Project Engineer Brian Roberts presented information on this item. There was no public comment. Mr. Roberts summarized the project as adding an additional turn lane in both directions, upgrading the signal at S 320'h Street, construction of a retaining wall, and overlaying a portion of S 3201" Street east of I-5 to connect with the newly overlaid surface west of I-5. Committee forwarded Option #1 as presented. Moved: Ferrell Seconded: Kochmar Passed: Unanimously, 2-0 Land Use/Transportation Committee Page 2 April 18, 2011 D. 20th Ave S Sidewalk Improvement Project ( S 316`h St to S 314th St) — Bid Award May 3, 2011 Consent Street Systems Project Engineer John Mulkey presented information on this item. There was no public comment or discussion. Committee forwarded Option #1 as presented. Moved: Ferrell Seconded: Kochmar Passed: Unanimously, 2-0 E. WSDOT Traffic Busters — Fiber Optic Cable Connection — Authorization to Bid May 3, 2011 Consent Senior Traffic Engineer Jesse Hannahs presented information on this item. There was no public comment or discussion. Committee forwarded Option #1 as presented. Moved: Ferrell Seconded: Kochmar Passed: Unanimously, 2-0 F. WA State Traffic Safety Committee — School Zone Flasher Grants May 3, 2011 Consent Senior Traffic Engineer Jesse Hannahs presented information on this item. There was no public comment. Mr. Hannahs reiterated that the larger list of schools have flashing beacons that currently operated on a pager system. Staff is proposing to retrofit those schools with cellular based system. Staff is currently evaluating all factors in order to make a recommendation of one location for the proposed grant submittal out of the three schools currently without a flashing beacon system, Committee forwarded Option #1 as presented, Moved: Ferrell Seconded: Kochmar Passed: Unanimously, 2-0 4. OTHER 5. FUTURE MEETING The next LUTC meeting will be held Monday, May 2, 2011 at 6:00 PM in City Hall Council Chambers. 6. ADJOURN The meeting adjourned at 6:23PM. COMMITTEE APPROVAL: Linda Kochmar, Chair G:\LUTC\UJTC Agendas and Summaries 2011\4-18-11 Minutes.doc Attest: Darlene LeMaster, Administrative Assistant II Jim Ferrell, Member Jack Dovey, Member May 16, 2011 6:00 PM City of Federal Way City Council Land Use/Transportation Committee MEETING SUMMARY City Hall City Council Chambers Committee members in Attendance: Committee Chair Linda Kochmar, Committee member Jim Ferrell and Committee member Jack Dovey Councilmembers in Attendance: Deputy Mayor Dini Duclos and Councilmember Jeanne Burbidge Staff in Attendance: Director of Parks, Public Works and Emergency Management Cary Roe, Deputy Public Works Director Marwan Salloum, City Traffic Engineer Rick Perez, Street Systems Project Engineer John Mulkey, Assistant City Attorney Peter Beckwith, and Administrative Assistant II Darlene LeMaster. 1. CALL TO ORDER Committee Chair Kochmar called the meeting to order at 6:00 PM. 2. PUBLIC COMMENT There was no public comment. 3. BUSINESS ITEMS Forward Topic Title/Description to Council A. Approval of the April 18. 2011 and the May 2, 2011 LUTC Minutes N/A Committee approved the May 2, 2011 LUTC minutes as presented. The April 18, 2011 LUTC minutes were inadvertently left out of the agenda packet and will be presented for approval at the June 13, 2011 LUTC meeting. Moved: Ferrell Seconded: Dovey Passed: Unanimously, 3-0 B. Resolution Setting the Public Hearing Date for the 2012-2017 Transportation June 7, 2011 Improvement Plan Consent City Traffic Engineer Rick Perez presented information on this item. There was no public comment or discussion on this item. Committee forwarded Option #1 as presented. Moved: Dovey Seconded: Ferrell Passed: Unanimously, 3-0 C. Resolution Setting the Public Hearing Date for the Street Vacation of a Portion of SW June 7, 2011 340`h Street Consent Street Systems Project Engineer John Mulkey presented information on this item. There was no public comment or discussion on this item. Committee forwarded Option #1 as presented. Moved: Dovey Seconded: Ferrell Passed: Unanimously, 3-0 4 Land Use/Transportation Committee Page 2 May 16, 2011 4. OTHER 5. FUTURE MEETING The next LUTC meeting will be postponed to Monday, June 13, 2011 at 6:00 PM in City Hall Council Chambers. 6. ADJOURN The meeting adjourned at 6:08 PM. COMMITTEE APPROVAL: Linda Kochmar, Chair GALUTC\LUTC Agendas and Summaries 2011\5-16-11 Minutes.doc Attest: Darlene LeMaster, Administrative Assistant II Jim Ferrell, Member Jack Dovey, Member COUNCIL MEETING DATE: June 21, 2011 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Truck Route Code Amendment POLICY QUESTION: Should the Federal Way Revised Code (FWRC) be amended to limit the definition of local deliveries to truck trips with either an origin or destination within the city limits? COMMITTEE: Land Use and Transportation Committee MEETING DATE: June 13, 2011 CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Rick Perez, P.E., City Traffic Engineer DEPT: Public Works Attachments: Land Use and Transportation Committee memorandum dated June 13, 2011 Options Considered: 1. Approve the proposed ordinance. 2. Do not approve the proposed ordinance and provide direction to staff. MAYOR'S RECOMMENDATION: Forward Option Ito the June 21, 2011 City Council Ordinance Agenda for first reading. MAYOR'S APPROVAL: m o DIRECTOR APPROVAL: Committee Council Committee Council COMMITTEE RECOMMENDATION: Forward Option 1 to the June 21, 2011 City Council Ordinance Agenda for first reading. Linda Kochmar, Chair Jim Ferrell, Member Jack Dovey, Member PROPOSED COUNCIL MOTION(S): IST READING OF ORDINANCE (June 21, 2011): "I move to forward the ordinance to second reading for enactment on the July S, 2011 Ordinance agenda. " 2ND READING OF ORDINANCE (July 5, 2011): "I move approval of the ordinance to limit the definition of local deliveries to truck trips with either an origin or destination within city limits. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED IST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 08/12/2010 RESOLUTION # 2 CITY OF FEDERAL WAY MEMORANDUM DATE: June 13, 2011 TO: Land Use and Transportation Committee VIA: Skip Priest, Mayor FROM: Cary M. Roe, P.E., Director of Parks, Public Works, and Emergency Management Rick Perez, P.E., City Traffic Engineer SUBJECT: Truck Route Code Amendment BACKGROUND: The Law Department, in responding to a request for interpretation, has determined a need to clarify the intent of FWRC 8.40.040. Current code allows up to 10 truck trips per day for local deliveries allowing any street in the City to be used. However, "deliveries" is defined such that it could be interpreted to include truck trips where neither origin nor destination is within the City. This language was created when the code language was last amended in 2000. This interpretation has made it difficult to enforce the truck route restrictions that were intended to prohibit truck trips through Federal Way without impinging on deliveries within the City. Therefore, staff proposes to clarify the intent by striking the portion of the definition of deliveries in FWRC 8.40.040(1) such that at least one end of a truck trip would have to be within city limits in order to use streets that are not designated truck routes. At the May 2, 2011 Land Use and Transportation Committee meeting, the Committee requested additional information about ordinances used by other cities in the region that restricted trucks with no trip ends within the city. Staff investigated the codes of all eleven cities over 50,000 population in King, Pierce, and Snohomish counties. Most of these cities either had no restrictions on truck routes or limited them in only one instance due to alignment, bridge weight limits, or pedestrian use. Seattle, Marysville, and Renton required the use of designated truck routes and the shortest route available for local deliveries from a designated truck route. Only Redmond took this further to restrict trucks to truck routes except for local deliveries to or from a destination within the city or a destination within a half mile of the city limits of the city. cc: Project File Day File ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to deliveries by truck; amending FWRC 8.40.040. (Amending Ordinance Nos. 00-365 and 91-103) WHEREAS, the Federal Way City Code ("FWCC") contains provisions granting the Public Works Director the authority to regulate the use of public highways, streets and thoroughfares by trucks and other vehicles; and WHEREAS, in order to minimize intrusion of truck traffic through residential areas in Federal Way, the FWCC designates vehicle routes for local deliveries by vehicles rated in excess of 30,000 pounds gross weight; and WHEREAS, the City Council wishes to amend the FWCC to designate additional vehicle routes, to provide for permitting and environmental review of the concentrated use of City rights-of-way by truck or other heavy vehicles; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Chapter 8.40 of the Federal Way Revised Code is hereby amended to read as follows: Section FWRC 8.40.040 is hereby amended to read as follows: 8.40.040 Local deliveries. (1) Vehicles rated in excess of 30,000 pounds gross weight, as defined in RCW 46.16.111, are restricted to the designated truck routes noted in FWRC 8.40.030, except a person or entity operating or employing (whether directly or by contract) such vehicles is not subject to the restriction when making less than 10 deliveries per day to the same destination. "Deliveries " are Ordinance No. 11- Page I of 3 Rev 1/10 defined, for the purposes of this section, as all local deliveries with destinations or origins within the city, and all del':t h pass t h* A person or entity operating or employing such vehicles for 10 or more locai deliveries per day shall also be subject to those route restrictions, conditions, or designations promulgated by the public works director pursuant to this chapter. (2) A person or entity operating or employing (either directly or by contract) vehicles rated in excess of 30,000 pounds gross weight, as defined by RCW 46.16.111, to make more than 72 deliveries per day or more than 3,000 trips within a three-month period to the same destination shall obtain a right-of-way use permit (limited or extended, as applicable) pursuant to FWRC Title 4, Division Il, and be subject to those route restrictions and designations, and other conditions or restrictions promulgated by the public works director as conditions of that permit or as otherwise provided in this chapter. (Ord. No. 00-365, § 2, 3-7-00; Ord. No. 91-103, § 2(10.28.030B), 6-18-91. Code 2001 § 15- 184.) Section 2. Severability. Should any section, subsection, paragraph, sentence, clause, or phrase of this chapter, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this chapter or its application to any other person or situation. The City Council of the City of Federal Way hereby declares that it would have adopted this chapter and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 3. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 4. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Ordinance No. 11- Page 2 of 3 Rev 1/10 Section 5. Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage and publication, as provided by law. PASSED by the City Council of the City of Federal Way this day of 20 CITY OF FEDERAL WAY MAYOR, SKIP PRIEST ATTEST: CITY CLERK, CAROL MCNEILLY, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 11 - 10 Page 3 of 3 Rev 1/10 SUBJECT: Public Hearing and Adoption of Resolution for 2012 - 2017 Transportation Improvement Plan POLICY QUESTION: Should the Council approve the resolution adopting the 2012 - 2017 City of Federal Way Transportation Improvement Plan (TIP) and Arterial Street Improvement Plan (ASIP)? COMMITTEE: Land Use and Transportation Committee MEETING DATE: June 13, 2011 CATEGORY: ❑ Consent ❑ Ordinance ® Public Hearing ❑ City Council Business ® Resolution ❑ Other STAFF REPORT BY: Rick Perez, P.E., City Traffic Engineer DEPT: Public Works Attachments: Land Use and Transportation Committee memorandum dated June 13, 2011. Options Considered: 1. Approve the resolution adopting the 2012 - 2017 TIP and ASIP. 2. Do not approve the resolution adopting the 2012 - 2017 TIP and ASIP and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends Option 1 to approve the resolution adopting the 2012 - 2017 TIP and ASIP at Public Hearing at the June 21, 2011 City Council Meeting. MAYOR APPROVAL:DIRECTOR APPROVAL:'�- ommittee Council Committee Council COMMITTEE RECOMMENDATION: Forward Option 1 to a public hearing at the June 21, 2011 City Council Meeting. Linda Kochmar, Chair Jim Ferrell, Member Jack Dovey, Member PROPOSED COUNCIL MOTION: "I move approval of the resolution adopting the 2012 - 2017 City Of Federal Way Transportation Improvement Plan (TIP) and Arterial Street Improvement Plan (ASIP). " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1sT reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 02/06/2006 RESOLUTION # K:\COUNCIL\AGDBILLS\2011\06-21-11 TIP adoption.doc 11 CITY OF FEDERAL WAY MEMORANDUM DATE: June 13, 2011 TO: Land Use and Transportation Committee VIA: Skip Priest, Mayor ,r FROM: Rick Perez, P.E., City Traffic Engineer Cary M. Roe, P.E., Director of Parks, Public Works, and Emergency Management SUBJECT: 2012-2017 Transportation Improvement Plan BACKGROUND: In accordance with the requirements of Chapters 35.77 and 47.26 of the Revised Code of Washington, the City of Federal Way adopted its original TIP and ASIP on July 23, 1991. The City is also required to adopt a revised TIP and ASIP on an annual basis reflecting the City's current and future street and arterial needs. These plans identify capital projects that the City intends to construct over the next six years. In order to be eligible for grant funding, projects are required to be listed in the City's TIP. The City is required to hold a minimum of one public hearing on the revised plan, which is proposed for the June 21, 2011 Council meeting. Once the revised plans have been adopted by Resolution, a copy of the respective plans must be filed with the Washington State Secretary of Transportation and the Washington State Transportation Improvement Board. Revised Plan: Attached for your review and comment are the proposed 2012-2017 TIP and ASIP (Exhibit A), a location map (Exhibit B), and a draft resolution for adoption (Exhibit Q. The six-year TIP and ASIP respond to the Growth Management Act concurrency requirements as well as other emerging needs. Projects are selected based on criteria adopted in the City's Comprehensive Plan TP81, which reads, "Prioritize transportation projects considering concurrency, safety, and support for non -SOV modes, environmental impacts, and cost effectiveness." Each project was ranked using the scoring criteria established for Transportation TIP/CIP Prioritization. Staff also reviewed and analyzed available grant -eligible programs suitable for project programming. The proposed plan differs from the previous year's plan; changes should be noted as new projects proposed and modified projects. Projects with Modified Scope: SW 312th Street: 1.4`h Avenue SW — SR 509. This project was separated into two projects because the intersection improvement at 14th Avenue SW is being funded by a Safe Walk Routes to Schools grant, but construction funding is not anticipated in the near term for the SR 509 intersection improvement. 12 June 13, 2011 Land Use and Transportation Committee 2012 - 2017 Transportation Improvement Plan Page 2 Proposed New Pro'e� cts: SR 99 HOV Lanes Phase V: S 340th Street — S 356th Street. This project is added due to anticipated concurrency failure at S 348th Street. 25th Drive S at S Star Lake Road: This project is being funded by a Safe Walk Routes to Schools grant, and provides school zone, crosswalk, and walkway improvements to Mark Twain Elementary School. Attachments: Exhibit A - Draft TIP Exhibit B - Location Map Exhibit C - Draft Resolution cc: Project File Day File 13 EXHIBIT A TRANSPORTATION IMPROVEMENT PLAN (TIP) - 2012 TO 2017 Map CAPITAL PROJECTS Year 2012 Costs in $ thousands ID** Location Description Previous Years 2011 2012 2013 2014 2015 2016 2017 Total la I-5 SB Ram S 320th St Add 2nd SB left -tum lane, 3rd SB right -tum lane 650 3,500 4,150 lb S 320th St 1-5 Bride Widening Add HOV lanes, realign ramps in SE quadrant 5,000 5,612 2,122 44,570 44,570 101,874 2 10th Ave SW.@ SW Campus Dr Add SB right -turn lane 200 1,038 1,238 3 SW 344th St: 12th Ave SW - 21st Ave SW Extend 3 lane principal collector with bike lanes, sidewalks, illumination 756 6,796 7,552 4 1st Ave S @ S 328th St Install raised median, improve access at 328th 1,910 1,910 320th St 20th Ave S Add 2nd left -turn lanes EB, WB 500 5,958 6,458 21st Ave SW SW 336th St Add 2nd left -turn lanes all a roaches, WB ri ht -turn lane or Alternative Measure 500 4,600 5,100 SR 99 HOV Lanes Phase 4: SR 509 - S 312th St Add HOV lanes, install raised median 10,000 8,500 18,500 L9bS SR 99 S 312th St Add 2nd left -turn lane NB 909 909 7,273 9,091 SR 509 SW 312th St Add left -tum lanes EB, WB 350 4,012 4,362 14th Ave SW @ SW 312th St Add traffic signal, walkway and school zone improvements 250 630 880 10 S 304th St @ 28th Ave S Add NB right -turn lane, signal 2,279 2,279 11 S 352nd St: SR 99 - SR 161 Extend 3 lane principal collector and signal at SR -99 1,950 4,750 6,700 12 SW 320th St 21st Ave SW Add 2nd WB left -tum lane, Interconnect to 26th Ave SW 4,584 4,584 13 S 348th St 1st Ave S Add SB, WB, right -turn lanes, 2nd EB, WB left -tum lanes 2650 500 3,150 14 SW 320th St @ 47th Ave SW Install traffic signal 1 382 382 15 S 312th St 9 28th Ave S Add SB right -tum lane 573 573 16 SW 336th W / SW 340th St: 26th PI SW - Hoyt Rd Widen to 5 lanes, add signal at 26th PI SW 2,034 7,097 7,097 16,228 17 S 356th St: SR 99 - SR 161 Widen to 5 lanes, bike lanes, sidewalks, illumination 871 871 4,270 6,012 18 S 356th St @ SR 161 Add 2nd NB Left to SR 161 - su ort hose of Trion le Project 2,700 2,700 19 S 320th St & 1 Av South Add EBL, WBL, WBR, NBT, SBR; widen to 5 lanes N to 316 or Alternative Measure 9,891 9,891 20 S 344th Wy & Weyerhaeuser Roundabout 300 734 1,034 21 99 HOV Lanes Phase 5: S 340th St - S 356th St Add HOV lanes, install raised median; tum lanes at 348th I I 1 1 1,500 6,000 1 17,500 25,000 Subtotal Capital Projects 18,250 15,480 1 10,373 25,540 1 24,801 1 12,384 74,530 62,070 243,428 Map NON -MOTORIZED CAPITAL PROJECTS Year 2012 Costs in $ thousands ID Location Description Previous Years 2011 2012 2013 2014 1 2015 2016 2017 1 Total 22 S 314th St: 20th Ave S - 23rd Ave S Install sidewalks, ADA ramps, curbs & gutter, pedestrian improvements 2,101 21101 23 1 st Ave S: S 292nd St - S 312th St Shoulder im rovements 2,801 2,801 24 S 336th St: SR 99 - 20th Ave S Install sidewalk on north side 475 475 25 25th Dr S @ S Star Lake Rd School zone and walkway improvements 102 284 386 Subtotal Non -Motorized Capital Projects 0 1 0 1 440 475 2,101 0 2,801 0 5,817 TOTAL CAPITAL PROJECT COSTS 18,250 15,480 10,813 26,015 1 26,902 1 12,384 1 77,331 62,070 249,245 No.11- Page 6 of 6 K.1 UT02011'06-13-11 Six Year TIP Adoption Resolution Final.doc ¢, a272nd$7 827RndST City of Federal Way +' - - Comprehensive Plan m- - t 2012-2017 5286th ST 52S6th5T__ Transportation Improvement Plan P v„ Q e: 09 4S 304th ST o�N�ao ys + , ny 12th ST Legend Q' W 320tft ST •*W320thST i U • Intersection Improvement 3�OthST y 4 S32 SS .r..ru .ry. Corridor Improvement W... yp� a324msT N N Non -Motorized Improvement 4e. • P ti �_. � y '' HWY ig RE ... NORTHSt10Plr SW Iz- • 338th ST W CAMPUSQ �� �'Rwe.v . 2. $336th ST,,,,� LnON q40 0 9� M -„` _s iG 348tH ST , Y118 " d, 1s1' Map Date: April, 2011 City of Federal Way, SO$ I SW 356th S� - S 356th ST W . J' 33325 8th Ave S, Federal Way, WA 98003 (253) 835-7000 299;F �wi i 0 0.5 1 N 2. �� y F `•' ,. Miles �,`tp a 4 F�F� r _ e - CITY OF Federal Way �RO May°;1 +r This map is accompanied by no warranties, and is simply a graphic representation. Nye e EXHIBIT G RESOLUTION NO. A RESOLUTION of the City Council of the City of Federal Way, Washington, adopting an extended and revised Transportation Improvement Program and Arterial Street Improvement Plan for 2012- 2017, and directing the same to be filed with the Washington State Secretary of Transportation and the Transportation Improvement Board. (Amends Resolution 91-67, 92-117, 93-155, 94-186, 95-210, 96- 236, 97-258, 98-273, 99-299, 00-316, 01-343, 02-365, 03-391, 04-433, 05- 451, 06-481, 07-503, 08-732, 09-550, and 10-558). WHEREAS, pursuant to the requirements of RCW Chapters 35.77 and 47.26, the City Council of the City of Federal Way adopted its original Transportation Improvement Program on July 23, 1991 (Resolution No. 91-67); and WHEREAS, the Federal Way City Council further updated its Transportation Improvement Program on August 4, 1992 (Resolution No. 92-117); and WHEREAS, the Federal Way City Council further updated its Transportation Improvement Program on October 19, 1993 (Resolution No. 93-155); and WHEREAS, the Federal Way City Council further updated its Transportation Improvement Program on October 4, 1994 (Resolution No. 94-186); and WHEREAS, the Federal Way City Council further updated its Transportation Improvement Program on July 18, 1995 (Resolution No. 95-210); and WHEREAS, the Federal Way City Council further updated its Transportation Improvement Program on July 16, 1996 (Resolution No. 96-236); and WHEREAS, the Federal Way City Council further updated its Transportation Improvement Program on July 1, 1997 (Resolution No. 97-258); and WHEREAS, the Federal Way City Council further updated its Transportation Improvement Program on July 7, 1998 (Resolution No. 98-273); and No.11- 16 Page 1 of 5 K: ILUT02011 M-13-11 Six Year TIP Adoption Resolution Final.doc WHEREAS, the Federal Way City Council further updated its Transportation Improvement Program on June 1, 1999 (Resolution No. 99-299); and WHEREAS, the Federal Way City Council further updated its Transportation Improvement Program on June 20, 2000 (Resolution No. 00-316); and WHEREAS, the Federal Way City Council further updated its Transportation Improvement Program on July 17, 2001 (Resolution No. 01-343); and WHEREAS, the Federal Way City Council further updated its Transportation Improvement Program on June 18, 2002 (Resolution No. 02-365); and WHEREAS, the Federal Way City Council further updated its Transportation Improvement Program on July 15, 2003 (Resolution No. 03-391); and WHEREAS, the Federal Way City Council further updated its Transportation Improvement Program on November 2, 2004 (Resolution No. 04-433); and WHEREAS, the Federal Way City Council further updated its Transportation Improvement Program on July 19, 2005 (Resolution No. 05-451); and WHEREAS, the Federal Way City Council further updated its Transportation Improvement Program on July 18, 2006 (Resolution No. 06-481); and WHEREAS, the Federal Way City Council further updated its Transportation Improvement Program on September 4, 2007 (Resolution No. 07-503); and WHEREAS, the Federal Way City Council further updated its Transportation Improvement Program on August 8, 2008 (Resolution No. 08-732); and WHEREAS, the Federal Way City Council further updated its Transportation Improvement Program on August 7, 2009 (Resolution No. 09-550); and No. 11- 17 Page 2 of 5 K: ILUT02011 X06-13-11 Six Year TIP Adoption Resolution Final.doc WHEREAS, the Federal Way City Council further updated its Transportation Improvement Program on July 6, 2010 (Resolution No. 10-558); and WHEREAS, the Federal Way City Council further updated its Transportation Improvement Program on June 21, 2011; and WHEREAS, the City Council of the City of Federal Way has reviewed the work accomplished under the existing Program and has reviewed work scheduled to be accomplished according to the updated Program; and WHEREAS, a public hearing was held on the revised Transportation Improvement Program on June 21, 2011, in compliance with the requirements of State laws; and WHEREAS, the City Council has determined current and future City street and arterial needs, and based upon these findings has prepared a revised and extended Transportation Improvement Program and an Arterial Street Improvement Plan for the ensuing six calendar years; and WHEREAS, pursuant to RCW 35.77 and 47.26, the City Council is required to annually revise and adopt an extended Transportation Improvement Program and an Arterial Street Improvement Plan; and WHEREAS, the City's SEPA Responsible Official has adopted the DNS Federal Way File 11 -101400 -00 -SE issued for the City's 2012-2017 Transportation Improvement Plan (TIP) and Arterial Street Improvement Plan (ASIP) which includes the extended and revised projects contained in the TIP adopted herein; and WHEREAS, adoption of the City's 2012-2017 Transportation Improvement Plan (TIP) and Arterial Street Improvement Plan (ASIP) DNS reflects the fact that there will be no significant adverse environmental impacts as a result of adoption or implementation of the extended and revised Transportation Improvement Plan (TIP) and Arterial Street Improvement Plan (ASIP) adopted No.11- 18 Page 3 of -.5 K.ILUTC12011W6-13-11 Six Year TIP Adoption Resolution Final. doc herein; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Section 1. Program Adopted. The extended and revised Transportation Improvement Program and Arterial Street Improvement Plan for the City of Federal Way for the ensuing six (6) calendar years (2012-2017 inclusive), a copy of which is attached hereto as Exhibit A and incorporated herein by this reference, which sets forth the City's transportation project locations, types of improvements and the estimated costs thereof, is hereby approved and adopted. Section 2. Filingof Program. Pursuant to Chapter 35.77 RCW, the City Clerk is hereby authorized and directed to file a copy of this Resolution, together with Exhibit A, with the Washington State Secretary of Transportation and a copy with the Washington State Transportation Improvement Board. Section 3. 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 4. Corrections. The City Clerk and the codifiers of this resolution are authorized to make necessary corrections to this resolution including, but not limited to, the correction of scrivener/clerical errors, references, resolution numbering, section/subsection numbers and any references thereto. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. No.]] - 19 Page 4 of 5 K. ILUT02011 M-13-11 Six Year TIP Adoption Resolution Final.doc Section 6. 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 12011. CITY OF FEDERAL WAY MAYOR, SKIP PRIEST ATTEST: CITY CLERK, CAROL MCNEILLY, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO.: No.11- 2 0 Page 5 of 5 K. WT0201 P06-13-11 Six Year TIP Adoption Resolution Final .doc COUNCIL MEETING DATE: June 21, 2011 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Authorization to accept the Washington State Department of Ecology (DOE) Stormwater Retrofit and LID Grant and adopt the S 356th Street RDF Retrofit Project into the SWM CIP POLICY QUESTION: Should the Council: ■ Add the S. 356th Street RDF Retrofit Project to the SWM CIP as described in the FY 2011 DOE Stormwater Retrofit and Low -Impact Development (LID) Competitive Grants Application and fund the project as outlined in the project budget summary, moving a total of $1,450,000 from SWM unallocated funds in 2011, 2012 and 2013? ■ Accept the subject DOE Grant and authorize the Mayor to sign the Grant Agreement upon its finalization? COMMITTEE: Land Use and Transportation Committee CATEGORY: ® Consent ❑ Ordinance ❑ City Council Business ❑ Resolution STAFF REPORT BY: William Appleton, P. E., Surface Water Man MEETING DATE: June 13, 2011 ❑ Public Hearing ❑ Other Public Works Attachments: Land Use and Transportation Committee memorandum dated March 7, 2011. Options Considered: 1. Add the S 356th Street RDF Retrofit Project to the SWM CIP as described in the FY 2011 DOE Stormwater Retrofit and Low -Impact Development (LID) Competitive Grants Application and to fund the project as outlined in the project budget summary moving a total of $1,450,000 from SWM unallocated funds in 2011, 2012 and 2013, and accept the subject DOE Grant and authorize the Mayor to sign the Grant Agreement upon its finalization. 2. Do not authorize acceptance of the DOE Grant, do not add the S 356th Street RDF Retrofit Project to the SWM CIP and provide direction to staff. ....... ............................__........ _ .. .... . ........... ............. ._..................... ...... ...... ............. ..... ... _ .... _.. _ ......... _ ..................... ... ... ...... ..... .... MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the June 21, 2011 City Council consent agenda for approval. MAYOR APPROVAL: DIRECTOR APPROVAL: Committee Council Committee Council COMMITTEE RECOMMENDATION: Forward Option 1 to the June 21, 2011 City Council consent agenda for approval. Linda Kochmar, Chair Jim Ferrell, Member Jack Dovey, Member PROPOSED COUNCIL MOTION: "I move to add the S 356`" Street RDF Retrofit Project to the SWM CIP as described in the FY 2011 DOE Stormwater Retrofit and Low -Impact Development (LID) Competitive Grants Application and to fund the project as outlined in the project budget summary moving a total of $1,450,000 from SWM unallocated funds in 2011, 2012 and 2013; and accept the subject DOE Grant and authorize the Mayor to sign the Grant Agreement upon its finalization. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED IST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) 21 ORDINANCE # REVISED — 08/12/2010 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: June 13, 2010 TO: Land Use and Transportation Committee VIA: Skip Priest, Mayor FROM: Cary M. Roe, P.E., Director of Parks, Public Works and Emer ency Management William Appleton, P.E., Surface Water Manager SUBJECT: Authorization to Accept the Washington State Dep rtment of Ecology (DOE) Stormwater Retrofit and LID Competitive Grant and Project Adoption into the SWM CIP BACKGROUND • On June 17th, 2010 the Department of Ecology announced the availability of Stormwater Retrofit and Low -Impact Development (LID) Competitive Grants to support the planning, design, and construction of stormwater retrofit and LID projects. The maximum grant amount for individual projects is $1.0 million of total eligible costs and recipients are required to provide a 25% cash match. • On July 20, 2010, Council authorized staff to submit the S 356h Street Regional Detention Facility Retrofit project for grant funding. The grant application is provided as Attachment 1 and provides detailed project information, a conceptual design drawing and a location map. • In November of 2010, DOE produced a draft offer and applicant list indicating that the subject project was selected for funding in an amount of one million dollars. • On May 26th, 2011, SWM staff was provided with a draft grant agreement by DOE (Attachment 2). PROJECT DESCRIPTION Multiple water quality problems have been documented at the S 356th Street Regional Detention Facility and are believed to be negatively impacting the health of the North Fork of West Hylebos Creek. Specifically, high temperature, turbidity, and impacts to macroinvertebrate communities have been identified as water quality issues in need of attention. Three project alternatives were initially investigated: Source Control; Targeted Water Quality Retrofits and Retrofit of the S 356th Street Region Detention Facility. Retrofitting the S 356th Street Regional Detention Facility was identified as the best alternative for the following reasons: • Ability to utilize LID techniques in the design • Opportunity to remove impervious surfaces • Ability to treat flows from the entire drainage area of concern as opposed to only being able to target a percentage of the flows. • Opportunity to address thermal pollution issue • Opportunity to pick up presently un -detained and untreated flows • Ease of property acquisition and constructability • Provides a high level of water quality and flow control in addition to improving spill containment • Potential future regional monitoring location for NPDES Permit SWM is proposing to expand the existing S 356th Street Regional Detention Facility (RDF) to improve water quality and moderate flows being discharged to the wetlands forming the headwaters of the North Fork of West Hylebos Creek. 22 The following project elements would be constructed as part of this project in order to improve water quality and moderate flows being delivered to the headwater of the North Fork of the West Hylebos: • Deep water wet pool • Expanded flow control • Bioretention • Spill containment • Native plantings PROJECT BENEFITS • Expansion of the S 356`' Street Regional Detention Facility will increase the detention capacity of the facility by an additional 3 acre -ft which will reduce downstream erosion and streambed migration. The added detention will bring the facility more into line with current flow control requirements, allowing future repairs to the downstream channel to remain functional and continue to facilitate the movement of fish between the defined channel and the wetland complex. Streambed stabilization resulting from reduced peak flows will expand the viable spawning habitat for salmonids and improve habitat for benthic invertebrates. • The outlet structure will be designed to draw water from below the thermocline of the pond, thereby reducing the temperature of summertime discharges into the downstream wetland complex. The outlet structure will also be designed to accommodate long-term hydraulic and water quality monitoring equipment. • The proposed project will offer a greater degree of protection to the downstream wetland/stream complex. The submerged outlet configuration will function to prevent floatables (including petroleum based spills) from exiting the pond. This configuration will increase the likelihood that spills entering the pond could be contained and cleaned up prior to being conveyed into the wetland. • The bioretention area will target the treatment of flows from the east that currently bypass the S 356t`' Street Regional Detention Facility. It is expected that the bioretention area will improve water quality through the uptake of nutrients (Nitrogen & Phosphorous), the removal of particulates, the sequestering/adsorption of metals (iron, lead zinc, copper), and the reduction of biochemical oxygen demand (BOD). • Expansion of the S 356th Street Regional Detention Facility will help to reduce discharge turbidity levels by increasing residence time within the facility. A decrease in the discharge turbidity will benefit both spawning beds and benthic invertebrate habitat. • The project will provide an increase in stormwater infiltration through the construction of an unlined pond and bioretention area, removal of impervious surfaces and the installation of native plantings. Increased infiltration will help to reduce surfacewater flows into the wetland, provide additional water quality benefits and will contribute to groundwater availability up -gradient of the wetland. PROJECT ADOPTION The subject project is not currently part of the approved SWM capital improvement program (CIP), therefore it will need to be added in order to accept the grant funding offer. Staff is recommending that the water quality retrofit project, programmed for 2011-2013, be shifted out to beyond 2013 to allow for funding and scheduling of the proposed project. The total estimated cost to SWM is $1.45 million, which will need to be transferred from unallocated over the course of design thru construction as shown in the project budget summary. A financial analysis incorporating the projected expenditure amounts and schedule required to complete the subject project showed that the utility would remain financially sound through 2015. 23 PROJECT BUDGET Project Revenues 2011 2012 2013 Total Re -appropriated from SWM Unallocated $100,000 $50,000 $1,300,000 $1,450,000 Grants $1,000 000 $1,000,000 Total Revenues $2,450,000 Project Expenditures Consulting Services $100,000* $50,000* $150,000 Land Acquisition (Vacated ROW) $800,000 $800,000 Estimated Construction Cost $1,500,000 $1,500,000 Total Expenditures $2,450,000 *SWM staff will be performing the majority of design and project/construction management PROJECT SCHEDULE SUMMARY DOE Grant Acceptance by Council 50% Design 100% Design and Contract Documents Construction Grant Expenditure Deadline PROJECT SUPPORT July 2011 May 2012 February 2013 June 2013 — October 2013 December 2014 The North Fork of the West Hylebos flows through and supports some of the most valuable riparian habitat left within the City Of Federal Way. The City is committed to the preservation and restoration of this watercourse for the future benefit of its citizens, the region and Puget Sound. Given the investments that have already been made and that are currently being made by multiple agencies (City of Federal Way, WSDOT, Port of Tacoma, Friends of the Hylebos) downstream of the proposed project, it is critical to ensure the highest level of water quality protection/treatment and flow control possible at the headwaters of this watercourse. Construction of the proposed project will have an immediate and long-term positive impact on the continued viability of the North Fork of the West Hylebos as a salmon bearing stream. The proposed project has been discussed with stakeholders within the watershed including the Washington Department of Transportation, Washington State Fish and Wildlife, Puyallup Indian Tribe, Port of Tacoma and the Friends of the Hylebos. Letters of support have been received from each of these stakeholders (See Attachment 1). It is widely recognized that in order for any restoration projects within the Hylebos basin to be successful with respect to restoring salmon runs and ultimately help improve salmon stocks within the Puget Sound, water quality within the stream must be protected and damaging flows minimized. The proposed project will address these critical parameters thereby helping to improve the success of all projects being undertaken by stakeholders within this watershed. AUTHORIZATION REQUEST Staff is requesting authorization to: • Add the S 356`h Street RDF Retrofit Project to the SWM CIP as described in the FY 2011 DOE Stormwater Retrofit and Low -Impact Development (LID) Competitive Grants Application and to fund the project as outlined in the project budget summary moving a total of $1,450,000 from SWM unallocated funds in 2011, 2012 and 2013 per the above project budget table. • Accept the subject DOE Grant and authorize the Mayor to sign the Grant Agreement (Attachment 2) upon its finalization. 24 DEPARTMENT OF ECOLOGY State of Washington Fiscal Year 2011 Stormwater Retrofit and LID Grant Application This FY 2011 Stormwater Retrofit and LID Grant Application Form is available at: http://www.ecy.wa.gov/programs/wg/funding/fundin2.html Related resource information immediately follows the application. To ask about the availability of this document in a format for the visually impaired, call the Water Quality Program at 360-407-6502. Persons with hearing loss can call 711 for Washington Relay Service. Persons with a speech disability can call 877-833-6341. ECY 070-374 (06/10) 25 APPLICATION INSTRUCTIONS The Application The FY 2011 Stormwater Retrofit and LID Grant Application is to be used by eligible cities, towns, counties and ports covered by the National Pollutant and Discharge Elimination (NPDES) Phase I and II Municipal Stormwater permits for the FY2011 competitive stormwater grant program. Please complete all required sections of the application. Incomplete applications will not be considered for funding. Part 1 of the application requests background information on the applicant, the project area, project type, and funding request. Part 2 of the application requests detailed information on the project, water quality problem being addressed, scope of work, and project budget. Application Resources An overview of the funding program, funding ceilings, required match and a list of eligible projects can be found in the FY2011 Stormwater Grant Programs Funding Guidelines. A copy of the funding guidelines can be found at: http://www.ecy.wa.gov/programs/wq/funding/funding.html Ecology's Water Quality staff are available to provide clarification and answer questions regarding the funding program, process, and requirements. You can find Ecology staff contact information on the following page. A list of useful web links is also provided on the following page. Tie Breakers Ties of overall total points in the evaluation of the project are broken using the score to Question 3 - Water Quality and Public Health Improvements. For example in a tie between two projects, the project that scores higher in Question 3 is placed above the other on the priority list. The score from Question 7 - Readiness to Proceed, is used if the tie cannot be broken using Question 3. Application Submittal Information Applications must include all of the following: • One original -signature application • Two paper copies of the signed original • One electronic version of the application in MS WORD format on CD ROM (maps and other attachments to the application can be submitted in PDF format with the electronic version). All application material must be received at the Department of Ecology (Lacey headquarters office) no later than 5:00 p.m. on Tuesday, August 31, 2010. Postmarks are not accepted. Faxed applications will not be accepted. U.S. Postal Mailiniz Address: Department of Ecology Water Quality Program Financial Management Section P.O. Box 47600 Olympia, WA 98504-7600 Overnight Mail or Hand Delivery Address: Department of Ecology Water Quality Program Financial Management Section 300 Desmond Drive Lacey, WA 98503 ECY 070-374 (06/10) 26 Ecology Regional Office Contacts: Central Regional Office (CRO), 509-575-2490 (Permit issues, general eligibility, Terry Wittmeier, 509-574-3991, e-mail twit461@ecv.wa.gov application, etc.) Eastern Regional Office (ERO), 509-329-3400 David Duncan, 509-329-3554, e-mail ddun46lgecy.wa.Qgov Northwest Regional Office (NWRO), 425-649-7000 Anne Dettelbach, 425-649-7093, e-mail adet46ILa)ecy-wa.gov Rachel McCrea, 425-649-7223, e-mail rmcc461a.ec wa.gov Bellingham Field Office (BFO), 360-715-5200 Christina Maginnis, 360-715-5212, e-mail cmag461@ecy.wa.gov Southwest Regional Office (SWRO), 360-407-6300 Vince McGowan, 360-407-7320, e-mail vmcg461 gecy.wa.goy Financial Assistance - General: Patricia Brommer, 360-407-6216 e-mail patb46I kecy.wa.gov (Lacey Headquarters) Jeff Nejedly, 360-407-6566, e-mail jnei461 &ecy.wa.gov Steve Carley, 360-407-6572, e-mail stca461 c ecy.wa.gov Permit Questions: Harriet Beale, 360-407-6457, email hbea461 ecy.wa.gov (Lacey Headquarters) Bill Moore, 360-407- 6444, e-mail bmoo461gagecy.wa.gov Application Copies: Mindy Ballinger, 360-407-6502, e-mail mbal461 kecy.wa.gov HELPFUL WEBLINKS This section provides information about resources that may help you prepare a successful application. Ecology cannot guarantee Web site accuracy or continued maintenance. Ecology does not endorse non -Ecology Web sites. Ecology's Water Quality Program: http•//www.ecy.wa. og v/programs/wq/wghome.html Ecology's Water Quality Program Funding Information: http•//www.ecy.wa.gov/programs/wq/fundin /fg unding html Conversion from degrees, minutes, and seconds to decimal degrees: http://w-ww.directionsmag.com/latlong.asp Low Impact Development Technical Guidance Manual for Puget Sound: http://www.psparchives.com/,publications/our work/stormwater/lid/LID manual2005.pdf Stormwater Management Manuals: hllp://www.ecy.wa.gov/programs/wq/stonnwater/tech.html ECY 070-374 (06/10) 27 Part 1 r FY 2011 Stormwater Retrofit and LID Grant Application DEP.ARTh1EVi OF ECOLOGY For Ecology Use Only: _:cte of 41""shin"ten Application No. Place the cursor in the gray box at question', fill in the answer, and then use the F11 function key to navigate through the remaining questions in the application. 1. PROJECT TITLE: (Please keep the project title to five words or less.) S356 1h Street Regional Detention Facility Retrofit 2 APPLICANT NAME: (Public body or private not-for-profit per IRS 501 (C) (3)) City of Federal Way 3. APPLICANT DATA: Federal ID No.: 91-1462550 UBI No: 601-223-538 Vendor No.: N/A OMWBE Certification No.: N/A OMWBE Type: N/A 4. APPLICANT SIGNATORY: (The person whose name is listed here must sign Part I -Box 14 of this application) Name: William Appleton Title: Surface Water Telephone Number:253-835-2750 E -Mail Address: Division Manager Fax Number: 253-835-2709 William.appleton@cityoffederalwa Mailing Address y.com Mailing Address Agency: City of Federal Way Address: P.O. Box 9718 City: Federal Way State: WA Zip Code: 98063-9718 5. APPLICANT PROJECT MANAGER: (The person whose name is listed is the main contact for the project) Name: Fei Tang Title: SWM Project Engineer Telephone Number: 253-835-2751 Fax Number: 253-835-2709 E -Mail Address: Fei.tang@cityoffederalway.com Mailing Address Agency: City of Federal Way Address: P.O. Box 9718 City: Federal Way State: WA Zip Code: 98063-9718 ECY 070-374 (06/10) 28 Page 5 Part 1 FY 2011 Stormwater Retrofit and LID Grant Application 16. PROJECT INFORMATION: What is the population in the PROJECT area? 40,000 What is the Year of the population estimate? 2010 Is a map of the PROJECT location included with the application? ® Yes ❑ No The map should identify the primary location of the PROJECT along with showing its relationship to affected water bodies. Also include the location of other projects funded by Ecology that are adjacent to this PROJECT. Is the PROJECT located in the Puget Sound basin (WRIA 1-19)? ® Yes ❑ No Is the PROJECT located in a basin with salmonid stocks listed as threatened ® Yes ❑ No or endangered in accordance with the Endangered Species Act? http://www.nwr.noaa.gov/ESA-Salmon-Listin.ps/Index.cfm Is the PROJECT statewide? ❑ Yes ® No If NO, list below all of the county(ies), Water Resource Inventory Area designation(s) (WRIA), Legislative district(s), and Congressional district(s) where at least five percent of the PROJECT will be accomplished. Please Note: You must select a primary location and then provide additional location information as applicable. All separate designations (County, Legislative District, Congressional District, and WRIA) must equal 100 percent (list from greatest to least percentage, and please break an ties at least one percentage point). Limit your separate Legislative Districts and Congressional Districts to those that cover greater than five percent of the project area. County(ies) for the Project: Name I Percent Primary Kina County 1 100 I Total 1 100 —] Congressional District(s) for the PROJECT: http://at)ps.le2.wa.gov/DistrictFinder/ defauIt. as x?cit =&street=&zi 12= Number Percent Primary 9th 1 100 Total WRIA(s) for the PROJECT: http://www.ecy.wa.gov/apps/watershe ds/wriapages/index.html Water Resource Inventory Area Percent Primary WRIA 10 100 Total 100 Legislative District(s) for the PROJECT: http•//apps leg wa.2ov/DistrietFinder/ Name Primary 30 100 1 1 Total HUC Code for the PROJECT: http://water.usgs.gov/nawqa/sparrow/wr 07/geograp/geograp.html Hydrologic Unit Code Percent Primary 17110019 100 [ Total 1 100 _ J Stream Reach Code (14 -digit number depicting the water body for the PROJECT): httj2://nhd.usgs.gov/index.htmi Segment and Reach (NHD) IPercent 100 Primary 17110019 100 100 Total 1100 Provide Latitude/Longitude coordinates in Decimal Degrees (e.g., 45.3530/-120.4510) of your PROJECT location and the affected water body. The PROJECT location is the approximate center of where you will be working. The water body location should be in the water body affected by the project, or the PROJECT location for ground water projects. Facilities projects should report the outfall location or center of the land application site. Latitude/Longitude coordinates can be located at: http://itouchm p.com/latlonp html Location Primary Site Secondary Site Tertiary Site PROJECT Location 1 47.283614 / -122.319686 29 ECY 070-374 (06/10) Page 6 Part 1 FY 2011 Stormwater Retrofit and LID Grant Application Water Body Name: Hylebos 147.283499 / -122.319051 Creek 7. PROJECT DURATION: Estimated Start Date: 3/1/2011 Estimated Completion Date: 12/31/2014 PROJECT Length: 46 months For Water Pollution Control Facility Construction projects. Indicate the anticipated Initiation of Operation Date: 11/01/2013 Note: PROJECTS must be completed by December 2014. 8. WATER BODY AND WATER QUALITY NEEDS ADDRESSED BY THE PROJECT: Is the affected water body listed on the Clean Water Act Section 303(d) List as impaired? Yes ❑ No http://apps.ecy.wa.gov/wqawa/viewer.htm If yes, what is the 303(d) -listing parameter(s) and associated identification number(s)? Does the PROJECT cover a priority area addressed in the Puget Sound Partnership Action Agenda? Yes ® No ❑ The Puget Sound Partnership Action Agenda can be found at: http://www.psp.wa.gov/aa action agenda.php If yes, provide the name of priority area. Priority B: Restore ecosystem processes, structures, and functions and Priority C: Reduce the sources of water pollution Check all type(s) of water bodies that this PROJECT targets: ® Freshwater rivers ❑ Direct marine water ❑ Freshwater lakes ❑ Saltwater estuary ® Freshwater wetlands ❑ Other (specify) ❑ Groundwater Check all boxes that apply for this PROJECT: ® Endangered salmonids ® Threatened salmonids ❑ Other Endangered Species Act protected species (identify) ❑ Protection of shellfish habitat http://www.doh.wa.gov/ehp/sf/Pubs/annual-inventoiy.pdf ❑ Protection of domestic water supply http://www.dob.wa.gov/ehp/dw/sent!Y.htm ❑ TMDL requirements http://www.ecy.wa.gov/programs/wq/tmdl/index.html ❑ NPDES requirements ❑ Other (specify) 30 ECY 070-374 (06/10) Page 7 Part 1 FY 2011 Stormwater Retrofit and LID Grant Application 9. PROJECT TYPE: ® 1. Retrofit stormwater project. ® 2. Install accepted Low -Impact Development (LID) techniques. ❑ 3. Retrofit project with LID components. 10. FUNDING REQUEST: (Provide the amount of funding requested to complete your project.) Check for consistency with costs provided in Part 2, Question 2. Project Amount & Terms: Total PROJECT Cost $1,840,613 This amount represents the full cost of the PROJECT. Eligible PROJECT Cost $1,840,613 This amount represents that portion of the project cost that is eligible for Ecology grant or loan assistance. Contact Ecology staff with any eligibility questions. Ecology Funding Request $1,000,000 This represents the amount Ecology may fund. Refer to the funding program guidelines at: http:/hvww.ecy.wa.g/programs/wq�fisnding/funding html Other Funds in PROJECT Amount committed from Identify secured source(s) of funds: other agencies: State/Federal agency $ State/Federal agency $ State/Federal agency $ Local Agency City Of Federal Way Surface Water Utility $840,613 In-kind volunteer $ Interlocal contribution 31 ECY 070-374 (06/10) Page 8 Part 1 FY 2011 Stormwater Retrofit and LID Grant Application 11. BRIEF NARRATIVE DESCRIPTION OF PROJECT: (50 words or less) (Please use complete sentences, this description will appear in the published funding list): This project expands the S. 356` Street Regional Detention Facility (RDF) to improve water quality and moderate flows being discharged to the wetlands forming the headwaters of the North Fork of West Hylebos Creek. The following elements are planned: deep water wet pool; flow control; bioretention; spill containment and extensive native plantings. 12. APPLICATION CERTIFICATION: I CERTIFY TO THE BEST OF MY KNOWLEDGE THAT THE INFORMATION IN THIS APPLICATION IS TRUE AND CORRECT AND THAT I AM THE LEGALLY AUTHORIZED SIGNATORY OR DESIGNEE FOR THE SUBMITTAL OF THIS INFORMATION ON BEHALF OF THE APPLICANT. William Appleton Printed Name Signature Surface Water Manager Title Date THIS CONCLUDES PART 1 32 ECY 070-374 (06/10) Page 9 Part 2 FY 2011 Stormwater Retrofit and LID Grant Program This is the rated portion of the application with a total of 1, 000 possible points. Each question identifies the proportion of available points. Applicants shouldprovide clear and concise information and answers. The Scoring Guide (below each scored question) provides information on what reviewers will look for in a successful application. Pre submittal checklist: ❑ Pre -design report (required for project evaluation and review) ❑ Parts 1 and 2 of the application are complete. Supporting materials such as maps, MOM, or specific documentation is included with the application packet. ❑ The Funding Request (Part I -Question 10) matches the Budget (Part II -Question 2). 11 EXECUTIVE SUMMARY (0 points) Summarize the overall stormwater project, and the associated stormwater problem and how this project will address or solve the problem. (Limit your answer to 250 words or less.) This project expands the S. 356ffi Street Regional Detention Facility, a facility that captures runoff from approximately 264 acres of highly developed commercial, industrial and retail areas within the City Of Federal Way. The facility is located at the headwaters of the North Fork of West Hylebos Creek, a watercourse that provides spawning and rearing habitat for Chum, Coho and Chinook salmon as well as to resident cutthroat trout (Figure 1). Numerous habitat restoration projects and conservation property purchases have been carried out along this watercourse to improve salmonid spawning and rearing habitat (Figure 2). The proposed project will improve water quality, flow control, and provide an additional level of spill containment, through the construction/ incorporation of the following elements: a deep water wet pool with sub -surface outlet to facilitate cold water releases into the downstream wetland, additional detention capacity to address downstream erosion/streambed migration; bioretention; removal of impervious roadway surface, use of pervious pavement and extensive native plantings. These improvements are necessary to address the following stormwater induced problems downstream of the facility: thermal pollution during summer time discharges 'from the S. 356' Street Regional Detention Facility that increase downstream temperatures; stream channel erosion downstream of the wetland that is restricting fish passage and the excessive migration of streambed materials within stream reaches used for spawning. The proposed facility will also provide an additional level of spill containment thereby reducing the chance of contaminants being discharged into the wetlands. 1. SCOPE OF WORK Scoring Guide Total 300 Points Complete and concise project description. Provides clear detailed description of project tasks, deliverables, Up to 300 pts. timelines, and purpose. Reviewers award points for a clear, complete, and well thought-out scope that directly addresses a stormwater problem. The scope demonstrates an understanding of the work required to fully implement and complete the project. Using the task and required performance framework provided below: Provide a detailed scope of work for the project that includes clearly defined tasks, deliverables, timelines, and cost per task. Describe the project area and provide supporting map(s) and any relevant diagrams and/or pictures. Reference the stormwater manual used for the project design. ECY 070-374 (06/10) 33 Page 10 Part 2 !� T v Y Lull Ntormwater Ketrom an Lim k3raut rrumraiii Task 1 — Proiect Administration and Manaeement (Task Cost: $62,400) A. The RECIPIENT will administer and manage the project. Responsibilities will include, but not be limited to: maintenance of project records; submittal of payment vouchers, fiscal forms, and progress reports; compliance with applicable procurement and interlocal agreement requirements; attainment of all required permits, licenses, easements, or property rights necessary for the project; conducting, coordinating, and scheduling of all project activities; quality control; and submittal of required performance items. The RECIPIENT will ensure that every effort is made to maintain effective communication with the RECIPIENT's designees, the DEPARTMENT, all affected local, state, or federal jurisdictions, and any interested individuals or groups. The RECIPIENT will carry out this project in accordance with completion dates outlined in this Agreement. B. The RECIPIENT shall submit all invoice requests and supportive documentation to the Financial Manager of the DEPARTMENT. Required Performance: 1. Effective administration and management of this grant project. 2. Maintenance of all project records. 3. Submittal of all required performance items, including the Post Project Assessment Plan, progress reports, financial vouchers, and maintenance of all project records. Task 2• Property Acquisition, Design, and Permitting (Task Cost: $197,310) Task 2 includes following eight (8) subtasks. Subtask 1: Property Acquisition (Cost: $0) This subtask is complete. Subtask 2: Consultant Selection and Management (Subtask Cost: $15,242) It is anticipated that some of the specialty design tasks such as topographic survey, geotechnical investigation, and structural design, will be performed by consultants. This subtask will manage the consultant selection process in accordance with state law and the City of Federal Way's purchasing procedure. The following items will be performed. 1. Develop and Advertise the Request for Statement of Qualifications (SOQ). The SOQ will specifically describe the services to be provided and the qualifications needed. 2. Evaluate Qualifications Submitted. The responses received as a result of the advertisement will be reviewed based on the established guidelines for technical evaluation, and the number narrowed to a manageable number of interviews. 3. Organize Evaluation Committee and Develop Evaluation Criteria. An evaluation committee of three or five individuals will be utilized for interview. One or two of whom are technically familiar with the project; the other members of the committee will be generally familiar with the project requirements. 4. Interview Selected Finalists. The top three to five finalists will be interviewed by the evaluation 34 ECY 070-374 (06/10) Page 11 Part 2 r Y Lvii ,mormwaier iKetront ana uip "rant ri-ugi-all, committee. Upon conclusion of the last interview, the committee will convene to review their notes and criteria points. The best qualified will be selected after reference checks. 5. Define Scope of Services, Negotiate Compensation, and Execute Professional Services Agreement. The city and the selected consultant will further define the scope of services to be performed, and negotiate a fair and reasonable price. Once the scope of services is defined and price is negotiated, a professional services agreement will be executed. 6. Manage consultants during design. This is the time city staff spends on managing consultants. Deliverable: Professional services agreements with selected consultants. Timeline: March 2011 — May 2011 Subtask 3: Geotechnical Investigation (Cost: $30,900) This subtask will be performed by a geotechnical consultant who is licensed in the State of Washington. This subtask shall consist of all work necessary to evaluate soil and groundwater characteristics of the project site and their influence on the civil design. A utility locate will be performed prior to invasive work. The following items shall be performed to complete the geotechnical investigation: 1. Review existing geotechnical information and project photos obtained from the recently completed S 356th Street Improvement project. This information will be evaluated to determine how many more borings and test pits will be needed; 2. Provide soils data from up to 6 shallow borings or test pits; 3. Evaluate subgrade conditions, including the presence and influence of existing fill, rubble, and/or other existing compressible or weak soils observed in the explorations; 4. Evaluate potential groundwater impacts and concerns as they relate to construction of the new facility and associated/adjacent infrastructure; 5. Evaluate groundwater conditions and soil types as they relate to the design long term success and functionality of an engineered wetland; 6. Provide geotechnical design recommendations for: excavations, retaining walls, drainage structures, pipe support, bedding and backfill and LID project components; 7. Provide recommendations/specifications for soil excavation and earthwork, including slope stability and treatment, as may be appropriate. Deliverables: One hard copy of the geotechnical investigation report will be provided. Timeline: June 2011 — July 2011 Subtask 4: Site Surveying and Design Surveying (Cost: $25,784) This subtask will be performed by a consultant who is a Professional Land Surveyor registered in the State of Washington. The survey work will include topographic survey and surveying of the existing infrastructure and utilities. The survey shall include the items listed below and shall contain sufficient detail to complete the 35 ECY 070-374 (06/10) Page 12 Part 2 FY 2011 Stormwater Retrofit anct Lit) tram rroguaiii civil site design and engineering for the proposed project. Work shall be performed within the specified limits of the survey. 1. Research and field verify existing survey information available near the project vicinity. Identify additional field survey work needed to accomplish the items listed below and conduct the necessary work. 2. Horizontal and vertical control for boundary determination and mapping using horizontal datum NAD 83/91 and vertical datum NGVD 29. 3. Site base map: Create an as -built of site features that includes the following items: right-of-way, easements and lot lines, one -foot contours and surface features. 4. Survey Pothole and Soil Boring locations: Field surveying shall be performed to locate utility potholing and soil boring locations. 5. Utilities: As -built location of underground and aboveground utilities lines, roadway pavement and striping channelization, culverts, utility poles, overhead wires/gyres, and other major improvements within the site. Utility lines and appurtenant structures shall include such items as water, storm, sewer, electrical, phone, cable TV, natural gas (includes valves, hydrants, drainage structures and sewer manholes with rim and invert elevations, connecting structures, pipe sizes, materials and directions), wells, drain field inspection ports, cleanouts, vaults, risers, pedestals and meters from best available information, visual inspection and third party locate services. Coordination of all third party locate services shall be the responsibility of the surveyor. 6. Landscaping: Locate all landscaped trees greater than 12 inches in diameter, significant shrubs or other decorative plants greater than 36 inches in diameter, and edges of lawn or other maintained grounds within the specified limits of the survey. Define all gravel, brick and/or concrete paths, sidewalks, asphalt/concrete paving, driving/parking surfaces, fences, walls (type and height), and any other maintained or manicured improvements. 7. Ground Data: Provide topographic contours at 1 -foot intervals across the project area. Include point data (description, northing, casting and elevation) and TIN model data in the AutoCAD format drawing file. Provide a key for the point descriptions. 8. Control: Project Benchmark and survey control points shall be indicated on the drawing. 9. Survey of downstream bank erosion and streambed migration (pre and post construction) 10. Prepare AutoCAD basemap. Deliverable: The mapping will be provided electronically in AutoCAD Civil 3D 2009 Version format. Three complete stamped and signed hard copies will also be provided. Final scale of the mapping shall be suitable for plan and profile drawings at a scale of 1"=10'. Timeline: July 2011 —August 2011 Subtask 5: Permitting (Cost: $11 JO ECY 070-374 (06/10) Page 13 Part 2 FY 2011 Stormwater Retrofit and LID Grant Program Based on the current project scope, the following permits will be required: State Environmental Policy Act (SEPA) review, City of Federal Way Land Use permit, NPDES Construction Site General Permit, Washington State Department of Fish and Wildlife's Hydraulic Project Approval (HPA). The following items shall be performed to complete the permitting process: 1. Prepare and submit the following: • SEPA checklist; • City of Federal Way Land Use Application; • Notice of Intent (NOI) Application Form for Construction Stormwater General Permit; • Joint Aquatic Research Permit Application (DARPA). 2. Track permit review processes /schedules thru permit approvals. 3. Publish public notices for NPDES permit. 4. Perform additional tasks as needed to fulfill agency requests for additional information. Deliverables: 1. SEPA checklist and determination. 2. City of Federal Land Use approval. 3. State Department of Fish and Wildlife Hydraulic Project Approval (HPA). 4. NPDES Construction Site General Permit. Timeline: November 2011 — July 2012 Subtask 6: Hydrologic and Hydraulic Analysis (Cost: $18,368) Simulate the site hydrology and hydraulics through the use of numerical models, in order to design/optimize the capacity of the new pond, and size the engineered wetlands. KCRTS or HSPF models will be used for hydrological simulation/analysis, and the SWMM model will be used for hydraulic simulation/analysis. Following items will be performed: 1. Review existing analyses and design reports for the S. 356`h Street Regional Detention Facility and perform field reconnaissance of the project site. 2. Develop GIS coverage required for hydrologic modeling. Sub basins will be delineated. Areas of common land use and soil type will be computed for each sub basin and used as input to the hydrologic model. Pond geometries and outlet control configurations will be developed and converted to SWMM model input. 3. Setup computer model and develop model input. The information computed under item 2 will be transferred into model input. A single land use scenario consisting of future full built -out conditions will be used in the analysis. 4. Perform hydrologic and hydraulic analysis. Adjusting appropriate model input parameters to optimize pond design. 5. Write report. Deliverables: 37 ECY 070-374 (06/10) Page 14 Part 2 YY 2011 Stormwater Ketront ana uiv "rant rrugrai►i The report of findings of the hydrologic and hydraulic analysis Timeline: March 2011 — October 2011 Subtask 7: Structural Design (Cost: $39,676) This subtask will be performed by a structural engineering consultant who is licensed in the State of Washington. This subtask shall consist of all work necessary to provide design drawings and calculations for the proposed retaining wall along the proposed deep water wet pool and other miscellaneous structural components. The following items shall be performed: 1. Coordinate the work between geotechnical consultant and structural consultant. 2. Conceptual design. 3. Evaluate design options and select the best one. 4. Quality assurance/quality control. 5. Finalize structural design. Deliverables: 1. Structural design calculations for the retaining wall and other structural components; 2. Design drawings in AutoCAD Civil 3D 2009 Version format. Timeline: August 2011 — November 2011 Subtask 8: Engineering Design and PS&E Documents Preparation (Cost: $55,588) Using deliverables from subtasks 1-7, develop engineering design plans, technical specifications, cost estimate, and Request for Bid documents. This project will be designed in accordance with 2009 King County Surface Water Design Manual along with the City of Federal Way's adopted addendum. This subtask will be accomplished in three phases: 30% design, 85% design, and 100% design. 1. 30 Percent Design Submittal • Evaluate retaining wall layout and type • Perform initial civil site layout • Perform initial hydraulic design • Develop initial construction cost estimate based on 35% design • Develop 35% Plans and Specifications 2. 85 Percent Design Submittal • Finalize retaining wall layout and type • Finalize hydraulic design (conveyance, detention, outlet controls etc) • Finalize civil site layout • Refine construction cost estimate based on 85% design • Develop 85% Plans and Specifications 38 ECY 070-374 (06/10) Page 15 Part 2 r Y zuil mormwaier Kemoni ana Liv kirant rrup-rani • Perform constructability analysis • Develop construction schedule 3. 100 Percent Design Submittal • Finalize construction cost estimate • Complete Plans and Specifications • Complete Bid Package Deliverables: 1. 30 Percent Design Submittal Package 2. 85 Percent Design Submittal Package 3. 100 Percent Design Submittal Package Timeline: March 2011 — February 2013 Task 3: Proiect Construction and Construction Management (Task Cost: $1,526,607) Task 3 includes following two (2) subtasks. Subtask 1: Inspection & Construction Management (Cost: $40,980) This subtask is to monitor and manage construction activities during construction. It will include engineering office support and construction site inspection services. Items include the following: 1. Construction Administration. Activities include preparing and attending preconstruction meeting and weekly meetings, making phone calls, writing correspondences, reviewing submittals, making clarifications/interpretations of contract documents, reviewing need for and processing change orders, maintaining progress records, preparing monthly pay estimate, verifying substantial completion and final acceptance, and processing project closeout documents, and resolving issues with stake holders and general public. 2. Field Inspection. A full time inspector will be on the project site to observe contractor's performance. The inspector will keep records of construction. Daily records will include test data, material quantity and quality, the contractor's work procedures and progress, temporary erosion/sedimentation control measures, and temporary traffic control. Deliverables: Construction documentation as required by the Department of Ecology A successfully constructed project. Timeline: June 2013 — October 2013 Subtask 2: Project Construction (Cost: $1,485,627) This subtask is to construct the proposed project by a selected contractor. The project will include the following elements: a deep water wet pool with sub -surface outlet to facilitate cold water releases into the downstream wetland, additional detention capacity to address downstream erosion/streambed migration; bioretention; removal of impervious roadway surface, use of pervious pavement and extensive native plantings. The project area and conceptual design is shown in Figure 3. The detailed scope for this subtask will be developed during the project design. 39 ECY 070-374 (06/10) Page 16 Part 2 r Y Lut 11 atormwater Ketrotit and Lill (want Program Deliverables: A successfully constructed project. Timeline: June 2013 — October 2013 Task 4: Stream Flow, Water Ouality, and Streambed Stability Monitoring (Cost: $54,296) Existing stream flow, water quality, and streambed stability will be monitored/surveyed and analyzed in order to establish baseline conditions. Flow and water quality data will continue to be collected throughout design and construction of the project and for a period of 4 -years following the completion of the project. Water quality monitoring work beyond 2014 will be performed as part of the Surface Water Utilities' on-going operations. Streambed cross-sections will be surveyed two times over a 2 -year timeframe after construction. The second post project assessment will be funded by the Surface Water Utilities on-going operations budget. Data will be used to help determine the effectiveness of the project at reducing water quality and high flow impacts to the downstream environment. 1. Review existing water quality/flow data and benthic invertebrate data for quality and usability. Modify means and methodology of data collection as needed to ensure data quality. 2. Continue to collect data thru all phases of the project as well as for a period of 4 -years following the completion of the project. 3. Select two to three suitable sites for streambed cross-section survey. At each site a steel fence post will be driven into the ground such that the top of the post is approximately 4.5 feet above the ground. This post will serve as the landmark of the survey location, as well as the permanent platform for positioning a camera for the purpose of taking periodic photos of the stream channel. The channel cross-section at each site will be surveyed using a rod and a hand-held bubble -level. 4. Analyze all data collected prior to construction of the project to establish baseline conditions. 5. Analyze data collected following construction to quantify the effectiveness of the project at addressing the intended issues. Analyses shall be conducted annually for a period of 4 -years following the completion of the project. Deliverables: 1. Data collection and analysis to include water quality, flow and benthic invertebrate sampling (8 -years worth), stream sediment movement, and streambed stability. 2. Report detailing baseline conditions as established using pre -construction monitoring data. 3. Analysis of post -construction monitoring data and letter report addressing project effectiveness to date. (4 -years worth) Timeline: March 2011 — December 2014 40 ECY 070-374 (06/10) Page 17 Part 2 FY 2011 Stormwater Retrofit and LID Grant Program 2. PROPOSED BUDGET (up to 150 points) Scoring Guide Total 150 Points Complete project budget is consistent with the scope of Up to 20 pts. work. Task elements The cost estimates are clear and reasonable. Up to 30 pts. The project budget represents a good value for the work 1. Project Administration/Management and water quality benefit achieved. A value analysis or Up to 100 pts. similar study was performed. 2. Property Acquisition, Design, and Budget: Points are awarded for a complete, reasonable budget that is consistent with the tasks described in the scope of work. Please fill out the Budget by Task and by Object. • Clearly define the Task- or Object-oriented budget. l Vllil. GLL LULL Vl/JL u i uan a.ac.r.wisw Proposed Pro'ect Budget and Time Frame $ 199,630 Total Project Total Eligible Estimated months Task elements Cost Cost needed to complete 1. Project Administration/Management $ 62,400 $ 62,400 46 2. Property Acquisition, Design, and $ 197,310 $ 197,310 28 Permitting Travel: $ Other (please outline): 3. Project Construction and Construction $1,526,607 $1,526,607 4 Management 4. Stream Flow, Water quality, and $ 54,296 $ 54,296 46 Streambed Stability Monitoring Total costs and months needed to $ 1,840,613 $ 1,840,613 46 complete: TOTAL Elizible Cost Salaries: $ 199,630 Benefits: $ 72,356 Indirect costs: $ Contracts: $ 1,570,627 Materials, goods, and services (list major item): $ Equipment (list major items): $ Travel: $ Other (please outline): $ 2,000 Total Eligible Cost: $ 1,840,613 (May include up to 25% of employee salaries and benefits) (City to provide thru existing program) (Permitting fee and advertising cost required by permitting) 41 ECY 070-374 (06/10) Page 18 Part 2 FY 2011 Stormwater Retrofit and LID Grant Program Match Source List other funding sources and amounts, including local cash matching funds. In-kind contributions are not eligible. Funding Source: City Of Federal Way $ 840,613 Funding Source: $ Funding Source: $ Describe the status of matching funds: Funding for this project is available through the Surface Water Management's capital program. Cost Estimate Process: Reviewers award points to cost-effective projects with accurate cost estimates. For example, an applicant may determine cost effectiveness and estimate accuracy based on experience with past or on-going projects, through consultation with other entities that have related experience, or through a planning process such as value analysis. Describe how costs were estimated. Include the steps taken to ensure accuracy. Describe the process used to control cost and ensure that this is a cost effective project (e.g., value engineering or cost benefit analysis). Identify the Match sources. The project cost estimate was assembled using past project bid tabulations with similar bid items and the WSDOT's online Unit Bid Analysis tool. The projects used include: Easter Lake Flood Control and Conveyance system Improvements (2009), West Hylebos Flood Control and Stream Restoration (2010), and Pacific Highway Phase III and IV improvements. Detailed costing information and project schedule is provided as an appendix to this application. Project design costs will be controlled through the utilization of in-house staff for design and project management. Staff will serve as the lead design team and sub -consultants will be retained as needed to perform specialty tasks such as geotechnical investigations, surveying and structural analysis. All drafting work will be performed in-house. It has been the City's experience that significant cost savings are achieved when performing design work in-house due to the higher level of accountability, coordination and communication between involved parties. In this case, the owner of the project is essentially the design team; therefore, the potential for costly miscommunication between the owner and designer is eliminated. Additionally, since the on-going maintenance and operation of the facility will be performed in part, by the staff doing design, it is expected that functionality will be maximized and future O&M costs minimized. A variety of measures will be taken throughout the design process to ensure that the project is both cost effective and highly functional. The following measures will be taken: Regular design team meetings, QA/QC meetings throughout the design process, review and utilization of existing geotechnical, surveying and environmental data to the maximum extent possible. 100% of the matching funds necessary for this project will be provided by the Surface Water Utility. 42 ECY 070-374 (06/10) Page 19 Part 2 FY 2011 Stormwater Retrofit and LID Grant Program 3. SEVERITY OF PROBLEM, STORMWATER QUALITY, AND HYDROLOGIC IMPROVEMENTS Scoring Guide Total 300 Points Severity of the stormwater problem is well documented. Up to 75 pts. Project will achieve substantial water quality or Up to 150 pts. hydrologic benefits. Project success can be measured, and proposed methods to measure success are reasonable. Up to 25 pts. The project provides long term sustainability of water quality benefits (e.g., Operation and maintenance of the Up to 50 pts. system, long-term program follow-up, watershed management). Reviewers award points for addressing severe stormwater problems, documentation of those problems, and expected protection of water quality and improvements to hydrologic function. Additionally, reviewers award points for new development projects that minimize changes to the natural hydrology, or retrofit projects that improve the hydrology of the project area. Projects with substantial environmental improvements receive the most points. Projects with measurable improvements receive more points than those with unclear or vague benefits. Reviewers will consider the actual benefit, the total impact (area impacted, number of people affected) and level of implementation, and the severity of the problem. Reviewers will consider only changes that can be achieved by the proposed scope of work. • Define the severity of the stormwater problem. If available, show how the problem has been documented in a plan or assessment (e.g., TMDL Water Quality Improvement Report or Water Quality Implementation Plan, presence of 303(d) -Listed water bodies, part of watershed or salmon recovery plan). • Describe the expected project results, including how the project will achieve water quality protection or improvements and restore hydrologic functions. • Describe how much of the problem will be addressed by the project. • Describe how success of the project will be measured and documented. • Describe how the water quality and or hydrologic improvements will be sustained for the long-term. As appropriate, include information on how long-term operation and maintenance of the facility will be addressed. • If in the Puget Sound basin (WRIAs 1-19), describe how the project meets the goals of the Puget Sound Partnership Action Agenda, and how well it aligns with Section C of the Agenda. The Puget Sound Partnership Action Agenda can be found at: http://www.psp.wa.gov/aa__action agenda.php 43 ECY 070-374 (06/10) Page 20 Part 2 Tt 7 1%/14 7 I" T !- 1 T TT 4'4 T r I 1WV11 atul-IIIwatUf INICH-Ulll allu LllJ kil-alit Jr i UV_1 dill Water Oualitv Issues Several water quality problems have been well documented at the S. 356`h Street Regional Detention Facility and are believed to be negatively impacting the health of the receiving waters, the North Fork of West Hylebos Creek. The following details the three specific problems: temperature, turbidity, and impacts to macroinvertebrate communities. Temperature Study From 2002 to the present, Surface Water Management (SWM) has conducted stream temperature monitoring in the North Fork of the West Hylebos Creek, an important spawning and salmon -rearing creek located in a high-density Puget Sound metropolitan area. Seven years (2002-2008) of temperature data has been collected and analyzed and there is strong evidence that stormwater discharging from the S 356`h Street Regional Detention Facility (RDF) during the summer months is warming downstream receiving waters. Temperature monitoring has provided meaningful information that can be used to help protect the health and integrity of the receiving aquatic ecosystems and the organisms within them; the greatest concern being the impacts to endangered salmon and macroinvertebrate populations. While summertime discharges from the regional detention facility do not contribute to downstream exceedance of Washington State freshwater designated uses and criteria standards, the temperature increases are of a magnitutude sufficient to be of concern. Water temperature is an important factor influencing the health and survival of aquatic organisms, which in this case includes juvenile salmon and trout. Temperature controls metabolic rates and reproductive activities, and determines which species can survive. There have been many specific studies examining the fate and transport of heat in stormwater and natural waters including: ambient air temperatures; solar radiation; the transfer of heat from impervious surfaces; effects from the loss of riparian vegetation and expanding watershed development; slower flows in stormwater retention/detention facilities; and groundwater. Thermistor sensors (reliable, accurate, and durable instruments that require little maintenance and are relatively inexpensive) were used to measure regional detention facility discharge and in -stream water temperature. A continuous temperature monitoring protocol was established that utilized optical TidbiT StowAway Loggers* and YSI ® 6 -series multi -parameter sondes. The monitoring instruments in this study area were positioned at two in-situ sites: 1) South 356`h stormwater pond outlet; and, 2) North Fork West Hylebos Creek stream at South 359`h Street (approximately 0.2 miles downstream). Instruments were placed in the main flow -path to avoid measurement bias from the warmer stream edges and from thermal stratification. All temperature thermistors were programmed to record measurements at 30 -minute sample intervals. The TidbiT thermistors used for in -stream temperatures have a range of -4 to 37 degrees C; and an accuracy of ±0.2 degrees C. The YSI water quality sondes (Model 600XL or 6920) thermistors have a range of —5 to 45 degrees C; and an accuracy of ±0.15 degrees C. Quality control procedures were used to generate consistent, representative, and comparable temperature data. These procedures include equipment calibration with known standards and personnel training (attention to detail; careful documentation; follow manufacturer's instructions; and adhering to the required process steps). Data management involved a close examination for outliers, aberrations, abnormalities, and deviations. The following procedures were followed to generate a reliable master temperature database: 1. The data were scanned for gaps and dates are noted. 2. To assist with this exercise, annual data were graphed for each site to visually determine if any obvious irregularities exist. 3. The site activity logs were examined to confirm periods of unreliable and/or suspicious data. 4. Best professional judgment was used to remove abnormal data points. These included: data logged durin 44 ECY 070-374 (06/10) Page 21 Part 2 FY 2011 Stormwater Retrofit and LID (rant Fro ram download events; data recorded during periods when the thermistor was out of the water; and when other circumstances affected the accuracy of the data. 5. When available, corresponding sonde temperature data were used to fill in missing TidBiT data. 6. Flow metering data were analyzed to help eliminate temperature data collected during periods of no flow. As a general rule, if flow was absent at the site for five or more consecutive days, then the temperature data for that corresponding period of time were removed and noted as "no flow". Water temperature was measured by the 7 -day average of the daily maximum temperatures (7-DADMax). The 7- DADMax for any individual day was calculated by averaging that day's daily maximum temperature with the daily maximum temperatures of the three days prior to, and the three days after that date. Per WAC 173-201A-200, the Aquatic Life Use for the North Fork of West Hylebos Creek at South 359th Street is classified as (1)(a)(iii), "Salmonid spawning, rearing and migration", with a 7-DADMax temperature standard specified as 17.5 °C (63.5 °F). The following data summary provides further detail concerning Surface Water Managements temperature study focused on 16 individual stormwater discharges (associated with rain events) from the S. 356` pond. These data document the severity of the stormwater problem and downstream impacts to the North Fork of the West Hylebos. Tem erature, South 356th Stormwater Pond Outlet and North Fork West Hylebos Creek at South 359th Street, 2002-2008 Approximate Downstream Highest 7-DADMax Measurement Date Temperature at South 359`h Street During Increase (°C) Event (°C) June 28, 2002 4 14.11 July 7, 2002 4 14.13 October 7, 2003 2 12.57 October 17, 2003 2 12.25 October 20, 2003 5 14.98 August 22, 2004 5 17.38 September 11, 2004 5 15.72 June 17, 2005 4 13.46 July 6, 2005 5 13.60 May 24-25, 2006 3 13.36 June 2-4, 2006 4 15.04 June 29, 2007 4 14.39 July 19-21, 2007 4 16.77 August 19-21, 2007 4 16.17 August 24, 2008 3 16.08 August 27, 2008 1 15.67 45 ECY 070-374 (06/10) Page 22 Part 2 FY 2011 Stormwater Retrofit and LID Grant Program Turbidity Turbid stormwater by volume and weight makes streams less suitable for recreation, fish life, and plant growth. Sediment is of particular concern in fish -bearing streams where it can smother trout and salmon eggs, destroy habitat for insects (a food source for fish), and cover prime spawning areas. From 2001 to 2005, stormwater at both the inlet and outlet to the S. 356th pond were measured for turbidity. Grab samples were collected during this period, and either submitted for analysis to Severn -Trent Laboratories by EPA Method 180.1; or analyzed in-house using a Hach 2100P Turbidimeter. The following table summarizes the turbidity monitoring findings: Turbidity, South 356"' Stormwater Pond, 2001-2005 Total number of samples 44 Average turbidity at pond inlet 120 NTU Average turbidity at pond outlet 49 NTU Number of samples exceeding 50 NTU / Average turbidity 16 / 111 NTU Highest recorded value 350 NTU In 2006, a large unpaved commercial property within the watershed was redeveloped which eliminated a significant source of turbid stormwater, but several more sources remain that are tributary to the City's MS4 and South 356th pond. Staff continue to work on eliminating these sources through inspections, enforcement and education. Two significant contributors to the high turbidity levels in the S. 356th Street Regional Detention Facility are believed to be: Corliss Resources. Although this site is covered by a Department of Ecology General Sand & Gravel Stormwater Permit (#WAG 50-3255), SWM has recently documented on-going discharges of highly turbid process water to the City's MS4. Eight (8) samples were collected during a period between April 2 and June 10, 2010. The average turbidity of these samples was 431 NTU. The highest reading was 1084 NTU. On July 8, 2010, Ecology issued permit violations to Corliss Resources for these discharges, and required the implementation of best management practices (BMPs). • South 351St Street, a graveled private driveway, has been documented to be a source of turbid stormwater entering the City's MS4 during rain events. Recent attempts (May 13 and July 9, 2010) to issue a SWM Notice of Correction requiring the implementation of BMPs to control runoff have not been heeded by the property owner. These historical turbidity data define the severity of the stormwater problem. The presence of the two sources listed above will risk continued turbid stormwater discharges tributary to the S. 356th Street Regional Detention Facility and downstream locations. 46 ECY 070-374 (06/10) Page 23 Part 2 FY 2011 Stormwater Ketrotlt ana my k3rant rrugraiii B -IBI Monitoring Benthic macroinvertebrates are particularly well suited for bio -monitoring; they are diverse and abundant, sensitive to human disturbance, and are excellent indicators of a stream's condition. Macroinvertebrates are also key components of the aquatic food web, often long-lived, and not migratory. Traditional chemical and physical stream measurements often do not provide sufficient information to detect or resolve all surface water problems; however, measurement of the diversity and quantity of microorganisms living in a waterway can help to determine the overall health of an aquatic system. As a supplement to water quality measurements, biological monitoring of benthic macroinvertebrate populations have been conducted for ten years in the North Fork West Hylebos Creek, at S. 359`h Street in order to better assess the impacts of the highly developed portion of the watershed on the downstream environment. The multi-metric benthic index of biotic integrity (B -IBI) is used to summarize invertebrate data. It is composed of ten metrics representing multiple biological aspects that are consistent and predictable in their response to human disturbances affecting stream health (Fore et al., 1996 and Karr and Chu, 1999). The ten metric scores are added together to produce a total B -IBI score that is rated qualitatively as excellent, good, fair, poor or very poor. The following summarizes B -IBI scores recorded at North Fork Hylebos Creek at South 359`h Street, between 1999 and 2009: B -IBI Scores, North Fork West Hylebos Creek 2001-2009 Year B -IBI Score 1999 14 2000 14 2001 20 2002 18 2003 20 2004 27 2005 24 2006 26 2007 24 2008 18 2009 20 As with many urban streams, the subject drainage system has been degraded. This is supported by the macroinvertebrate data presented above which show metric B -IBI scores consistently in the range of "very poor" to "fair", indicating overall depressed diversity. Poor water quality and inadequate flow control are likely contributing to the consistently "poor" B -IBI scores that have been recorded over the past 10 -years. Therefore, any improvements to these two parameters are expected to help improve the health of the aquatic environment downstream. Suill Containment The S. 356`h Street Regional Detention Facility is located downstream of approximately 260 acres of some of the heavily developed and highly traveled acreage in the City (the intersection of S 348`h Street and 16`h Ave S. is in the top three with respect to traffic volume in the greater Seattle -Tacoma metropolitan area). Additionally, Highway 99 is immediately adjacent to the subject facility. Any significant spills within this sub -basin that reach the MS4 will quickly be conveyed into the S. 356`h Street Regional Detention Facility and ultimately discharged into the wetlands at the headwater to Hylebos Creek. The system was not designed to maximize opportunities to arrest spills within the facility. Flow Control Issues ECY 070-374 (06/10) 47 Page 24 Macroinvertebrate B -IBI Scoring Criteria 46-50 Excellent 38-44 Good 28-36 Fair As with many urban streams, the subject drainage system has been degraded. This is supported by the macroinvertebrate data presented above which show metric B -IBI scores consistently in the range of "very poor" to "fair", indicating overall depressed diversity. Poor water quality and inadequate flow control are likely contributing to the consistently "poor" B -IBI scores that have been recorded over the past 10 -years. Therefore, any improvements to these two parameters are expected to help improve the health of the aquatic environment downstream. Suill Containment The S. 356`h Street Regional Detention Facility is located downstream of approximately 260 acres of some of the heavily developed and highly traveled acreage in the City (the intersection of S 348`h Street and 16`h Ave S. is in the top three with respect to traffic volume in the greater Seattle -Tacoma metropolitan area). Additionally, Highway 99 is immediately adjacent to the subject facility. Any significant spills within this sub -basin that reach the MS4 will quickly be conveyed into the S. 356`h Street Regional Detention Facility and ultimately discharged into the wetlands at the headwater to Hylebos Creek. The system was not designed to maximize opportunities to arrest spills within the facility. Flow Control Issues ECY 070-374 (06/10) 47 Page 24 Part 2 17t7 �%n'7 1 CI. _ T i». 1 T TT i T 1' 1 bull OLVI HiM1LC1 I<CLI-Olit 'dill.! LIlJ "Fal1L FI"UV'1"sill Downstream from the proposed project location, bank erosion and streambed migration are occurring on a scale that is negatively impacting fish passage and spawning habitat. Specifically, a series of weir structures designed to provide fish passage have failed due to excessive flows thereby precluding the movement of fish upstream of S. 359th Street. Downstream of the weir structures, the streambed and channel become unstable during high flow events, which has reduced the amount of suitable fish spawning and benthic invertebrate habitat. It is evident that stormwater discharges from the highly developed upper watershed, which discharges to the S 356th Street Regional Detention Facility, is not adequately buffered. In order to reduce the impact of these higher flow events on the downstream environment, the existing facility must be retrofitted to provide improved flow attenuation. Expected Results Expansion of the S. 356th Street Regional Detention Facility will increase the detention capacity of the facility by an additional 5 acre -ft which will reduce downstream erosion and streambed migration. The added detention will bring the facility more into line with current flow control requirements, allowing future repairs to the downstream channel to remain functional and continue to facilitate the movement of fish between the defined channel and the wetland complex. Streambed stabilization resulting from reduced peak flows will expand the viable spawning habitat for salmonids and improve habitat for benthic invertebrates. • The outlet structure will be designed to draw water from below the thermocline of the pond, thereby reducing the temperature of summertime discharges into the downstream wetland complex. The outlet structure will also be designed to accommodate long-term hydraulic and water quality monitoring equipment. • The proposed project will offer a greater degree of protection to the downstream wetland/stream complex. The submerged outlet configuration will function to prevent floatables (including petroleum based spills) from exiting the pond. This configuration will increase the likelihood that spills entering the pond could be contained and cleaned up prior to being conveyed into the wetland. • The bioretention area will target the treatment of flows that currently bypass the S. 356th Street Regional Detention Facility. It is expected that the bioretention area will improve water quality through the uptake of nutrients (Nitrogen & Phosphorous), the removal of particulates, the sequestering/adsorption of metals (iron, lead zinc, copper), and the reduction of biochemical oxygen demand (BOD). • Expansion of the S. 356h Street Regional Detention Facility will help to reduce discharge turbidity levels by increasing residence time within the facility. A decrease in the discharge turbidity will benefit both spawning beds and benthic invertebrate habitat. • The project will provide an increase in stormwater infiltration through the construction of an unlined pond and bioretention area, removal of impervious surfaces and the installation of native plantings. Increased infiltration will help to reduce surfacewater flows into the wetland, provide additional water quality benefits and wil contribute to groundwater availability up -gradient of the wetland. Metrics for Proiect Success Project success shall be assessed using the following metrics: Survey of downstream weirs and streambed alignment: A pre construction survey/assessment of the downstream channel will be performed to establish a baseline condition. Two post construction surveys/assessments will be made over a 2 -year timeframe to evaluate the effectiveness of the project at stabilization of the stream. The second post project assessment will be fimded by the Surface Water Utilities on-going operations budget. The City will continue to perform water quality monitoring at the S. 356th Street Regional Detention Facility and within the creek at S. 359th Street and at a minimum, the following parameters will be measured: flow, temperature, dissolved oxygen, turbidity, and ph. Monitoring will be an ongoing activity during and following construction and data from this activity will be used to assess the effectiveness of the water quality aspects of the project. The post project monitoring effort will be funded from the Surface Water Utilities operational budget. 48 ECY 070-374 (06/10) Page 25 Part 2 FY 2011 Stormwater Retrofit and LID Grant Program B -IBI monitoring will also continue to be carried out annually during and following the construction of the project. This data will also be used to help assess the effectiveness of the project over the long term. This post project monitoring effort will also be funded from the Surface Water Utilities operational budget. Long Term Maintenance The long-term maintenance and operations of the subject facility will be addressed through both the Surface Water Utility's operations and maintenance and water quality budgets. SWM's maintenance staff currently maintain several large regional detention facilities as well as over 150 smaller detention/water quality ponds throughout the City. Staff are very knowledgeable as well as properly equipped to maintain this type of facility. Water quality staff will continue to perform water quality and B -IBI monitoring along this fork of Hylebos Creek as part of the City's on-going water quality program. Puget Sound Partnership Action Agenda Goals: The proposed project aligns well with several of the action items and recommendations in Section C of the Puget Sound Partnership Action Agenda. The project uses a comprehensive, integrated approach to managing urban stormwater and rural surfacewater runoff to reduce stormwater volumes and pollutant loadings by expanding/improving the flow control and water quality characteristics of the existing regional detention facility located at the headwaters of the North Fork of the West Hylebos Creek. The project will also help to advance the use of LID approaches to stormwater management through the construction and operation of a large bioretention area which would be the City's first facility of this type. The improvements will further prevent pollutants from being introduced into the Puget Sound ecosystem via Hylebos Creek by decreasing nutrient/toxic pollutant loadings through improved water quality treatment. Additionally, the project will increase the opportunity to successfully detain and cleanup hazardous material spills that may occur within the highly urbanized watershed, prior to being discharged into the wetland. By expanding/retrofitting the regional detention facility at the headwaters of Hylebos Creek to include additional flow control capacity, water quality capabilities, LID components, native plantings and spill containment features, the City Of Federal Way is taking a comprehensive, integrated approach to managing urban stormwater and rural surfacewater runoff to reduce stormwater volumes and pollutant loadings. This project will take the additional steps necessary to maintain and restore the natural hydrologic systems of the downstream wetland and stream complex. The proposed project, in combination with the extensive downstream restoration and conservation property acquisition that is being undertaken, will help to advance efforts to restore salmon stocks within the Puget Sound by improving salmon spawning and rearing habitat found within the North Fork of the West Hylebos. 114. PROJECT TEAM Scoring Guide Total 50 Points Team members' roles and responsibilities are well defined and an estimated percentage of time each team member Up to 30 pts. will devote to this project is adequate for the scope of work. Team members' past experience is relevant. Up to 20 pts. 49 ECY 070-374 (06110) Page 26 Part 2 FY 2011 Stormwater Retrofit and LID Grant Program Reviewers will award points based on skills, qualifications, and experience of the project team members. • Describe roles and responsibilities of each team member. As applicable, include contractors and partner agency roles. Include the estimated amount of time each team member will devote to the project. (e.g., what percentage of each team member's work week will be devoted to this particular project?) • Describe the relevant skills and qualifications of each team member (do NOT submit resumes). • Discuss your commitment to maintain staff competencies and responsibilities over the life of the project. Prosect Team The proposed project team includes four registered civil engineers, an engineer -in -training and a water quality professional; this team brings over 100 -years of combined professional experience to the project. All team members have extensive experience in the field of water resources and have worked successfully together on capital projects in the past. The proposed project team is extremely familiar with the City Of Federal Way and has over 50 -years of combined experience working for the City. It should also be pointed out that more than half of the proposed project team lives and works within the City Of Federal Way, which brings even a higher level of commitment and drive to providing a cost effective/functional design that will benefit the Community and Puget Sound. The project team is as follows: Ken Miller, MSCE, P.E. Role: Quality Assurance (QA) & Quality Control (QC). Responsibility: Provide QA and QC at appropriate milestones and update elected officials Devoted Time: 7% in 2011, 3% in 2012, 3% in 2013, and 2% in 2014 Relevant Skills & Qualifications: • Skills include project management, construction management, roadway design and analysis, public works operations and maintenance, civil design review. Project experience includes heavy highway construction, bridge and dam design and construction, sewer and water distribution system design and construction and regional detention facility design/construction. • Master of Science in Civil Engineering and over 30 -years of experience in the field of Civil Engineering with an emphasis in construction management. Currently serve as the Deputy Public Works Director for the City Of Federal Way. William Appleton, MSCE, P.E. Role: Senior Project Management, Quality Assurance (QA) & Quality Control (QC). Responsibility: Manage staff workload and budget to meet project schedule, provide QA and QC at appropriate milestones, contract/grant administration and coordination with elected officials and upper management. Devoted Time: 14% in 2011, 5% in 2012, 5% in 2013, and 3% in 2014 Relevant Skills & Qualifications: • Skills include project management, construction management, hydraulic design and analysis, operations and maintenance of hydraulic structures, civil design review. Project experience includes dam and JV ECY 070-374 (06/10) Page 27 Part 2 FY 2011 Stormwater Retrofit and LID Grant Program reservoir operations, port and harbor design, project management for commercial and retail construction, civil infrastructure design review and stream restoration/fish habitat improvements. • Master of Science in Civil Engineering and 15 -years experience in the field of Civil Engineering with an emphasis in water resources. Currently Manage the Surface Water Management Division for the City Of Federal Way. Fei Tang, MSCE, P.E. Role: Project and Design Engineer Responsibility: Lead design engineer and numerical modeler, consultant selection and management, contract/grant administration. Devoted Time: 50% in 2011, 30% in 2012, 31% in 2013, and 11% in 2014 Relevant Skills & Qualifications: • Managed and designed numerous surface water capital improvement projects over the last ten years. Projects included developing regional detention/retention facilities, major conveyance system improvements, stream restoration/fish habitat improvements, water quality improvements, culvert removal/replacement, wetland mitigation, etc. Responsibilities included overall project management, consultant selection, contractor selection, construction management, civil design, and hydrological/hydraulic computer modeling. • Master of Science in Civil Engineering and Master of Science in Environmental Chemistry, with 17 -years experience in the field of civil engineering design and capital improvement project management. Currently serve as the Surface Water Project Engineer for the City of Federal Way. Jeff Wolf, P.E. Role: Construction Management, Engineering Design Support, Design Review Responsibility: Manage project construction, perform design review. Devoted Time: 5% in 2011, 5% in 2012, and 5% in 2013 Relevant Skills & Qualifications: • Project Management, construction management, civil design and analysis, operations and maintenance of hydraulic structures, civil design review. • A.S. in Civil and Mechanical engineering technology and 20 -years experience in Civil Engineering with an emphasis in water resources. Currently the Surface Water Management Engineer for the City of Federal Way. Paul Heller, E.I.T. Role: Engineering Design, Drafting and GIS Responsibility: Engineering Design, Numerical modeling support and drafting Devoted Time: 20% in 2011, and 7% in 2012 51 ECY 070-374 (06/10) Page 28 Part 2 VY 2U11 atormwater Ketrout ana L11) t3rani rrograni Relevant Skills & Qualifications: Civil Design, Hydraulic Design & Analysis, AutoCAD/Civil3D, ArcGIS. • BSCE and 8 -years experience in the field of Civil Engineering with an emphasis on storm water facilities design. Currently the Surface Water Management Technician for the City of Federal Way. Daniel Smith Role: Water Quality Monitoring and Evaluation Responsibility: Perform water quality monitoring, data analysis, and report writing. Devoted Time: 12% in 2011, 12% in 2012,12% in 2013, and 12% in 2014 Relevant Skills & Qualifications: • Stormwater permit and regulatory compliance, surface water monitoring, lake management, and public education. • Environmental professional with over 25 years experience with environmental issues focusing on water quality monitoring and NPDES stormwater regulatory compliance in both the public and private sectors. Project Staffing A detailed analysis of hours required to complete the proposed project was performed and anticipated staffing levels are shown above for each team member. Based on this analysis, the Surface Water Management Division is more than capable of resourcing the proposed project with adequate staff and will be able to easily maintain adequate staffing levels from design through the completion of construction. The Surface Water Management Division and the City's Public Works Department have a history of completing capital project of similar or greater scope/complexity on schedule and within budget. The proposed project team has a proven track record of bring projects to fruition on schedule and within budget and the proposed project is well within the teams' technical and project management skill set. Training, maintenance of professional certifications and participation in regional forums focused on stormwater related issues is an important component of the Surface Water Management Division's annual budget. The Division is committed to ensuring that staff are well trained, maintain certifications and attend the necessary refresher courses to remain proficient in their areas of expertise and professional practice. The 2011-2012 biannual budget includes over $6,000 annually for training and professional certifications. Anticipated training activities for 2011-2012, relevant to the proposed project, include refresher courses for hydraulic and hydrologic modeling, and low impact development techniques. 52 ECY 070-374 (06/10) Page 29 Part 2 FY 2011 Stormwater Retrofit and LID Grant Program 5. PROJECT DEVELOPMENT PROCESS AND LOCAL COMMITMENT Lil Scoring Guide Total 100 Points A comprehensive decision making process was used to Up to 50 pts. arrive at the proposed project. The level of local support and commitments from project Up to 20 pts. partners is documented. A collaborative process will be implemented to execute Up to 30 pts. the project. .Reviewers award points based on project development and implementation efforts and commitments from project partners. Provide documentation as appropriate (e.g. MOA, interlocal agreement). • Describe the decision making process used to select this project. Why was this project chosen as the best solution over other project? • If applying for multiple projects in the same area or if this project is part of a larger phased project, describe how the projects or phases are different and explain the water quality priorities for the area. • Describe how you have involved and fostered local, regional, and statewide partnerships for the success of the project. • Describe past project performance, water quality outcomes, and how you will sustain long-term water quality efforts for this project. • Describe past project successes, including outcomes achieved, and performance. Project Selection The City Of Federal Way is active in undertaking projects designed to address water quality, flow control and stream habitat within the Hylebos basin. The City considers conservation/restoration of the Hylebos Creek a priority and has been actively acquiring conservation properties within the riparian corridor, performing stream restoration work and monitoring water quality (Figure 2). Water quality data, benthic invertebrate data and flow monitoring data collected at the headwaters of the North Fork of the West Branch of Hylebos Creek, have been used to identify the subject watershed as a priority for implementing additional water quality and now control measures. The North Fork of the West Hylebos flows through and supports some of the most valuable riparian habitat left within the City Of Federal Way. The City is committed to the preservation and restoration of this watercourse for the future benefit of its citizens, the region and Puget Sound. Given the investments that have already been made and that are currently being made by multiple agencies (City of Federal Way, WDOT, Port of Tacoma, Friends of the Hylebos) downstream of the proposed project, it is critical to ensure the highest level of water quality protection/treatment and flow control possible at the headwaters of this watercourse. Construction of the proposed project will have an immediate and long-term positive impact on the continued viability of the North Fork of the West Hylebos as a salmon bearing stream. Three project alternatives were initially investigated: Source Control; Targeted Water Quality Retrofits and Retrofit of the S. 356th Street Region Detention Facility. Retrofitting the S. 356th Street Regional Detention Facility was identified as the best alternative for the following reasons: • Ability to utilize LID techniques in the design • Opportunity to remove impervious surfaces 53 ECY 070-374 (06/10) Page 30 Part 2 FY 2011 Stormwater Ketrotit ana Lill kirant rrugi-aill • Ability to treat flows from the entire drainage area of concern as opposed to only being able to target a percentage of the flows. • Opportunity to address thermal pollution issue • Opportunity to pick up presently un -detained and untreated flows • Ease of property acquisition and constructability • Provides a high level of water quality and flow control in addition to improving spill containment • Ease of Maintenance and operation Project Support/Partnerships The City Of Federal Way works with multiple agencies and conservation groups to further the restoration and conservation within the Hylebos Watershed including: the Washington State Department of Transportation, Puyallup Indian Tribe, Friends of the Hylebos, Cascade Conservation Group, Muckleshoot Indian Tribe, Washington State Department of Ecology, National Oceanic and Atmospheric Administration, and Fish and Wildlife. The proposed project has been discussed with stakeholders within the watershed including the Washington Department of Transportation, Washington State Fish and Wildlife, Puyallup Indian Tribe, Port of Tacoma and the Friends of the Hylebos. Letters of support have been received from each of these stakeholders and have been attached to this application. It is widely recognized that in order for any restoration projects within the Hylebos basin to be successful with respect to restoring salmon runs and ultimately help improve salmon stocks within the Puget Sound, water quality within the stream must be protected and damaging flows minimized. The proposed project will address these critical parameters thereby helping to improve the success of all projects being undertaken by stakeholders within this watershed. Past Projects The following capital improvement projects have been constructed by the Surface Water Management Division and are relevant to the proposed project based on scope and purpose: Kitts Corner Regional Detention Facility (1996) Construction of a 35.4 acre-feet regional detention facility that included a 1.86 acre engineered wetland. This project was completed in 1996 and has been integral in providing detention as well as additional water quality treatment for flows coming from over 750 acres of highly developed land including the downtown core. This project was extremely successful in reducing downstream erosion and streambed mobilization. The wetland and wet pool components also provide valuable water quality treatment. S.356 th street region Detention Facility((1997) Construction of a 2.5 acre regional detention facility. This project was completed in 1997 and was designed to maximize utilization of the site for detention (21 acre—ft). The facility is inadequate for addressing flow control for full build out of the contributing watershed, which is rapidly being approached. Water quality and flow control monitoring have been performed by staff for this facility since 2001. West Hylebos Creek Restoration (2004) Installation of woody debris, engineered logjams, weir structures and channel modification to reduce streambed mobilization, stream bank erosion and maximize fish passage and available habitat. Extensive native plantings were also included. Monitoring shows that the stream banks and streambed material have stabilized. I -IBI sampling shows that while macro -invertebrate levels continue to be in the poor range, the scores have been slowly improving. Both Coho and Chum salmon continue to utilize the stream but there have been no formal fish counts to document returning run sizes. Lakota Creek Restoration (2004) The Lakota Creek Restoration included the main stem and the west branch of the creek roughly from SW 320`h St. downstream to the Wastewater Treatment Plant near Dumas Bay Center. The project included temporary diversion of 54 ECY 070-374 (06110) Page 31 Part 2 VII 7 x%/11 1 C T M 7 T TT I" T F I 1WV11 atVl11lwatcl- X%Xtfullt all LllJ lTl"Alit 17Furl-alll the stream flow, trapping and relocating displaced fish during the diversion, re -grading portions of the streambed where erosion has destabilized stream banks, placement of spawning gravels and large woody debris, elimination of fish passage barriers, removal of invasive plants and shrubs and restoration of all disturbed areas with native plants. The hydraulic, as well as the habitat improvements were designed to mimic the stream as it was prior to the development of the basin. The creek is already showing positive benefits from the work. Flora and fauna have moved into these new localized habitats and appear to be flourishing. Joes Creek Salmon Habitat Restoration (2007) The Joes Creek Salmon Restoration project included stream channel restoration, pipe conveyance system upgrade/expansion, and extensive native plantings. The creek has stabilized, native plantings have become well established and utilization of the stream channel within the project area by trout has been documented. This stream supports an annual run of Chum salmon and is also believed to support a limited number of Coho. Overall, the restoration is performing well and has resulted in improved in -stream and riparian habitat. 373`d Street Bridge Construction and Stream Restoration (2007) The 373`d Bridge Construction and Stream Restoration project included the construction of a bridge over the West Hylebos to replace the existing undersized culvert crossing. The project also included 20 -acres of riparian habitat restoration as well as stream channel restoration work. This project was undertaken by both WDOT and the City Of Federal Way. The restoration site is performing well and I -IBI monitoring shows improving macro invertebrate levels. West Hylebos Flood Control and Culvert Removal (2010) Project involved the removal of two failing culverts, one of which was replaced with a fish passable box culvert, stream channel and riparian habitat restoration and native planting. Removal of the two failing culverts has eliminated the potential for flooding, allowed for fish passage and fish utilization of the upper reaches of the West Hylebos. The project is on schedule to be completed in the Fall of 2010. Past Project Performance Surface Water Management has a history of delivering capital projects on schedule and within budget. The utility has always operated under one of the lowest fee structures in King County and yet has been extremely successful at meeting the surface water needs of the City. Responsible fiscal management, task focused staff and a strong work ethic within the Public Works Department has allowed the City to consistently maintain a high level of performance. If past performance is any measure of future performance, then the City Of Federal Way will perform well on this project. Major Past Project Performance Project Total Budget Total Expenditure Savings Kitts Corner Regional Detention Facility (1996) $3,699,658.00 $3,414,899.00 8% _ S. 356th street region Detention Facility (1997) $3,576,753.00 $3,401,376.00 5% _ West Hylebos Creek Restoration (2004) $1,648,445.00 $761,608.84 54% Lakota Creek Restoration (2004) $2,079,977.00 $1,180,301.70 43% 373rd Street Bridge Construction and Stream Restoration 2007) $910,000.00 $775,870.81 15% Lake Jeane Lake Lorene (2008) $945,000.00 $798,965.36 15% 55 ECY 070-374 (06/10) Page 32 Part 2 r Y 2011 Stormwater netrout and Lill [want Program 6. READINESS TO PROCEED Scoring Guide Total 100 Points Project elements are in place for the project to proceed Up to 70 pts. and documentation is provided (e.g. Planning, Design, Permits). SEPA review is complete and documentation is provided. Up to 15 pts. Cultural Resources (Exec. Order 05-05) is complete and Up to 15 pts. documentation is provided. Reviewers will award points based on how soon a project can begin construction. Describe the steps you have taken to proceed immediately with the project. Provide detailed information and documentation on project elements such as status of designs, permits, inter -local agreements, landowner agreements, easements, other secured funding, staff, or agency approvals. Describe what environmental review has taken place, such as: c L•: State Environmental Policy Act (SEPA). o Cultural resource assessment (Executive Order 05-05). http://www.dahp.wa.gov/pages/EnvironmentalReview/Laws.htm The project has been approved by Council, property acquisition is complete and Surface Water Management staff are prepared to begin permitting and design work immediately. Surveying information, environmental documentation and geotechnical data from the S. 356th Street/ Hwy 99 intersection realignment project is available and will give staff a jumpstart on moving forward quickly. Although a SEPA document for this project has not yet been prepared, a SEPA determination of non -significance was recently issued for the S. 356th Street and Highway 99 intersection realignment, which is adjacent to the proposed project. Since the nature of the work is similar and taking place in essentially the same location, a similar SEPA determination is expected. A Cultural Resource Assessment was performed as part of the S. 356t' Street and Highway 99 intersection realignment project and since the proposed project is within the footprint of the realignment project, it is expected that the Cultural Resource Assessment will be the same. Therefore, while not done, we believe this task will require very little effort to THIS CONCLUDES PART 2 56 ECY 070-374 (06/10) Page 33 MapDate: August 2010 Conservation & Restoration City of Federal Way P.O.Box 9718 Figure 2 333258th Ave 5 Federal Way, WA. 9806&9718 Project Locations (W) w(P)(2 57000 53).crt-83 -7000 alway.com I Drainage FacilityPedY 0 250 50MB Conservation Prop51,0009 Federal Wa ® Completed Restoration Project Feet N M Future Conservation Property Acquisitions - INTERCEPT EXISTING S. 356TH ST DRAINAGE, ROUTE THRU BIOSWALE, BIDRETENTION, THEN INTO WETPOND PERVIOUS PAVEMENT POND AC ESS DRIVEWAY ��� ����- ���- �__� �� BIOFILTRATION SWALE POND ACC,ES RAMP /L – 5122 AC T <MAX) DFIENTILJN VOLUME \° tom. 6.580 AC-FT (MAX) 5 \ WETPOOL VOLUME TE POND EXPANSION - - - c - E S T 3 TENIIDN & WATER QUALLIY) S. 3J�Y� x _— r tit `<�TO REDUCE L SOLAR AIN PROJECT WIL/l ENI1ON ORFABIORT PROVIDE STEEP POND SIUEWALLS, DF EA AR r ` WATER, & SHADE PRODUCING NATIVE PLANTINGS AM. VrWashington State Af Department of Transportation Paula J. Hammond, P.E. Secretary of Transportation August 23, 2010 Jeff Wolf, Surface Water Management Engineer City of Federal Way Public Works PO Box 9718 Federal Way, WA 98063-9718 Northwest Region 15700 Dayton Avenue North P O Box 330310 Seattle, WA 98133-9710 206-440-4000 i Fax 206-409-7250 TTY. t-800-833-6388 www.wsdot.wa_gov Subject: SR 99 MP 7.6 (South 356`h Street vic) Hylebos Creek Spring Valley Vic. Environmental Enhancement Letter of Concurrence Dear Mr. Wolf: The Washington State Department of Transportation (WSDOT) is submittint this letter of concurrence for the abovementioned project. The project will expand the existing detention and water quality treatment capabilities of the regional stormwater pond located north of South 356`h Street and east of SR 99. The project would enhance salmonid habitat at the WSDOT Corrington wetland mitigation site by reducing peals flows, improving quality, and by potentially reducing peak water temperatures. The project could also possibly provide stormwater detention and water quality treatment to allow future widening of South 356`h Street between SR 161 and SR 99, which would enhance traffic capacity for the WSDOT's Triangle project off ramp to SR 161/South 356`h Street. This letter of concurrence is based on the design concept only. As design details are finalized, we would need to review and approve design/construction plans for the project that pertains to our jurisdiction. We look forward to working with the City to expedite this important project. Russell S. East, PE Assistant Regional Administrator — King and Snohomish Counties 5 cc: Project / Day File E. Conyers (Highways and Local Programs) E. Hansen (NWR Hydraulics) 62 C r � tib r 2' C �'y< taaw µuY State of Washington DEPARTMENT OF FISH AND WILDLIFE Region 4 Office: 16018 Mill Creek Boulevard- Mill Creek, Washinglon 98012 - (425) 775-1311 August 24, 2010 City of Federal Way ATTENTION: William Appleton PO Box 9718 Federal Way, Washington 98063-9718 Dear Mr. Appleton: SUBJECT: Letter of Concurrence for City of Federal Way S. 356a' St. Regional Stormwater Facility Retrofit Project, North Fork of the West Branch of Hylebos Creek, WRIA 10.0014 The Washington Department of Fish and Wildlife supports the subject project which proposesto expand the detention and water quality treatment capabilities ofthe S. 356' St. Regional Stormwater Facility located atthe headwaters of the North Fork of the West Branch of Hylebos Creek. This project would enhance salmonid habitat along this stream by reducing peak flows, improving water quality and reducing water temperatures. This letter is based on the city's attached conceptual design plan dated August 23, 2010. As design details are finalized, WDFW would need to review and approve designiconstruction plans as they pertain to our jurisdiction. We look forward to working with the City of Federal Way to complete this important project that would enhance water quality and attenuate peak stream flows within Hylebos Creek. Thank you for the opportunity to provide this letter of support. If there are any questions concerning this letter, I may be contacted at (425) 313-5683 or at fisheldf@dfw.wa.gov. "incerely, Larry Fisher Area Habitat Biologist LF:lf 63 O August 26, 2010 City of Federal Way Public Works Attn.: William Appleton, Surface Water Manager PO Box 9718 Federal Way, WA 98063-9718 RE: City of Federal Way- S. 356"' St. Regional Stormwater Facility Retrofit Project — Letter of Support Dear Mr. Appleton, The Puyallup Tribe of Indians supports the subject project which proposes to expand the detention and water quality treatment capabilities of the S. 356th St. Regional Stormwater Facility located at the headwaters of the North Fork of the West Branch of Hylebos Creek. This project would enhance salmonid habitat along this stream by reducing peak flows, improving water quality and reducing water temperatures. As you know, the Tribe has introduced several species of salmon into Hylebos Creek each spring over the past 30 years. While plants of hatchery Chinook and chum are well supported by the public, the reason these fish have not rebounded on their own is complex and not entirely understood. Nonetheless, improved water quality and quantity that more closely mimics the historic (pre -development) flow pattern is thought by most biologists to be the root requirement of successful, self sustaining fish populations. It is the Tribe's hope that this project will bring us one step closer to this desired condition. This letter of support was formulated on the city's conceptual design plan shared with the Tribe and dated August 23, 2010. If the project is funded, please keep us informed of the project status and any design revisions. We look forward to working with the City of Federal Way to facilitate the completion of this important project that would enhance water quality and attenuate peak stream flows within Hylebos Creek. Sincer J 1 R s Ladl esource+ otection Manager Puyallup Tribal Fisheries 6824 Pioneer Way East - Puyallup, Washington 98371 - (253) 845-9225 - (253) 445-2430 64 f�lEAli 0E 1'pE H Y L E 05 August 27, 2010 City of Federal Way ATTENTION: William Appleton PO Box 9718 Federal Way, Washington 98063-9718 Dear Mr. Appleton: SUBJECT: Letter of Support for City of Federal Way S. 356`h St. Regional Stormwater Facility Retrofit Project Friends of the Hylebos would like to express support for the City of Federal Way's West Hylebos Stormwater Retrofit Project, which would directly and indirectly enhance the health and quality of the Hylebos Creek Watershed. This project would provide benefits to salmonid habitat downstream in this important creek system which currently supports Chum, Coho, and Chinook salmon. The Friends of the Hylebos has worked together with the City of Federal Way on numerous habitat restoration projects along this watercourseto improve salmonid spawning and rearing habitat and we feel that this project is imperative in protecting the future of Hylebos Creek as our urban environment continues to grow. It is recognized that this project will not only provide additional flow control, but will also improve water quality downstream by reducing stream temperatures and erosion while implementing low impact development techniques such as pervious pavement, boiretention, and infiltration. We look forward to the City of Federal Way completing this important project that would help sustain and preserve important habitat downstream. Margery 1 Friends of 65 RPc3R-r of USA,** August 30, 2010 City of Federal Way ATTENTION: William Appleton PO Box 9718 Federal Way, Washington 98063-9718 SUBJECT: Letter of Support for City of Federal Way S. 356th St. Regional Stormwater Facility Retrofit Project Dear Mr. Appleton: The Port of Tacoma would like to express its support for the City of Federal Way's West Hylebos Retrofit Project, a project that would expand the S. 356th Street Regional Detention Facility which captures and treats runoff from a highly urbanized area within the City of Federal Way. By providing additional flow control and improvements to water quality in the West Hylebos Watershed, this directly supports restoration work being undertaken by the Port of Tacoma in the downstream Hylebos Waterway. Together, these projects will play an important role in preserving the $152 million taxpayer backed investment in the cleanup of the Hylebos Waterway which occurred in the 1990s. The Port of Tacoma is pleased to offer its support and feels this project will be beneficial to the recovery of the salmon populations in Hylebos Creek and to the health of the Puget Sound. Sincere! , ohn o Chief Executive Of P.O. Box 1837 - Tacoma, Washington 98401-1837 - Telephone: (253) 383-5841 Cost Estimate & Project Schedule 67 Project Cost Estimate Staff K Miller W A leton F Tan IS Hours J Wolf P Heller D Smith Ins ector Consultant, $ Other Exp, $ Subtotal HourlyRate, $/hr 66.00 $ 67.00 $ 53.00 $ 52.00 $ 38.00 $ 55.00 $ 37.00 $62,400 Task 1— Project Administration and Mama nyent 100 200 800 1100 Subtotal, hr 100 200 800 $62,400 Subtotal, $ $ 6,600 $ 13,400 $ 42,400 $197,310 Task 2 - P e A uisiti©n,Des' and Permittin Subtask 1— Property Acquisition Subtotal, hr 0 0 0 0 0 0 0 $0 Subtotal, $ 0 0 0 0 0 0 Subtask 2 — Consultant Selection F_ 4 4 12 4 2 4 8 8 8 3 4 4 4 4 4 4 16 16 16 16 16 16 5 4 12 6 10 80 274 Subtotal, hrL 28 46 132 28 20 20 $15,242 Subtotal, $ $1,848 $3,082 $6,996 $1,456 $760 $1,100 Subtask 3 — Geotechnical In esti ation 1 4 8 4 2 3 4 5 6 7 Subtotal, hr 0 4 8 4 0 $0 0 $0 $30,000 16 $30,900 Subtotal, $ $0 $268 $424 $208 Subtask 4 — Site Surve in and Desi n Surve in 1 4 4 4 2 3 4 4 5 6 7 8 9 Subtotal, hr 0 4 4 $212 0 $0j424 0 -- $U $25,000 16 $25,784 Subtotal,$ $0 $268 Subtotal Subtask 5 — Permittin 1 4 8 52 2 24 $1,000 3 16 4 40 16 $1,000 4 Subtotal, hr 4 24 120 TO 40 $0 0Subtotal, $0 $2,000 188 $11,752 $ $264 $1,608 $6,360 $1,520 Subtask 6 — H drolo is and H draulic Anal sis 1 4 16 4 8 2 80 40 3 80 4 8 60 16 5 8 24 16 364 Subtotal, hr 0 20 260 4 80 0 $U $0 $0 $18,368 Subtotal, $ 1 $0 $1,340 $13,780 $208 $3,040 Subtask 7 — Structural Desi n 1 16 2 4 8 16 8 3 8 8 8 8 68 Hours Staff K Miller W a F Appleton Tan J Wolf P Heller D Smith Ins ector Consultant, $ Other Exp, $ HourlyRate, $/hr $ 66.00 $ 67.00 $ 53.00 $ 52.00 $ 38.00 $ 55.00 $ 37.00 Subtotal 4 4 4 4 4 $ 1,840,613 Consultant Cost $ 5 4 40 Subtotal, hr 16 24 84 Subtotal, $ $1,056 $1,608 $4,452 20 $1,040 40 40 $1,520 0 $0 0 $30,000 $0 184 $39,676 Subtask 8 - En ineering Design and PS&E Documents reparation Salaries & Benefit $ 267,986 Salaries 1 24 24 160 20 100 20 72,356 Constracts 2 24 40 160 20 120 3 24 24 160 Subtotal, hr 72 88 480 Subtotal, $ $4,752 $5,896 $25,440 Task 3 - Project Cuastruction and CotWructien Mane omen[ 80 120 $6,240 100 320 $12,160 20 $1,100 $0 1,100 $55,588 $1,526,607 Subtask I - Ins pection & Construction Management 1 20 401 00 -2___ 1 40 Subtotal, hr 20 4 340 Subtotal, $ $1,320 $2,680 $18,020 80 80 $4,160 0 $0 0 $0 400 400 $14,800 $0 880 $40,980 Subtask 2 -Construction( w/ 30% Contingency) $1,485,627 Task 4 - Water Quality and Fk►w Monitorin 54,296 1 4 16 2 20 8 768 3 4 4 32 32 4 4 8 40 5 4 g Subtotal, hr 01 361 28 Subtotal, $ $0 $2,4121 $1,4841 32 1,664 321 $1,2161 40 864 $47,520 0 0 $0 992 $54,296 Total Hours 240 486 2,256 288 540 904 400 Total (excluding construction) $ 354,986 Grant Total $ 1,840,613 Consultant Cost $ 85,000 Other Expenses $ 2,000 Contractor Cost $ 1,485,627 Salaries & Benefit $ 267,986 Salaries $ 195,630 Benefits $ 72,356 Constracts $ 1,570,627 69 Alternative 2 Cost Data: Total Cost: Design & Const. Contingency Mang. Construction 129n Subtotal $354,986 $1,142,790 $342,837 $1,840,613 Construction Cost Estimate: Ac uisitio Total $0 $1,840,600 ITEM NO. JITEM UNIT PRICE UNIT Qty Cost 1 JUTILITIES LOCATE, PROTECTION AND RELO $50,000 LS 1.00 $50,000 2 ISURVEY AND ASBUILT $5,000 LS 1.00 $5,000 3 TEMPORARY TRAFFIC CONTROL $40,000 LS 1.00 $40,000 4 ITEMP. WATER POLLUTION /EROSION CONTR $5,000 LS 1.00 $5,000 5 ITREE REMOVAL $500 EA 15.00 $7,500 6 REMOVAL OF STR. & OBSTRUCTIONS $5,000 LS 1.00 $5,000 7 REMOVAL OF EXISTING ASPHALT INCL. HAU $20 CY 629.30 $12,586 8 EXCAVATION INCL. HAUL $15 CY 15899 $238,491 9 SHORING OR EXTRA EXCAV., CL. A AND CL. E $10,000 LS 1.00 $10,000 10 STRUCTURAL EARTH WALL $35 SF 8,436 $295,260 11 PERVIOUS PAVEMENT $10 SF 8,143 $81,430 12 JINLET CONTROL STRUCTURE $20,000 EA 1 $20,000 13 JOUTLET CONTROL STRUCTURE $40,000 EA 1.00 $40,000 14 MH/CB $8,000 EA 1.00 $8,000 15 ISTORM SEWER PIPE $250 LF 350.00 $87,500 16 ICHAIN LINK FENCE & GATE $15 LF 1,600.00 $24,000 17 LANDSCAPING $1 SF 19,000.00 $19,000 18 TEMP IRRIGATION SYSTEM $10,000 LS 1.00 $10,000 19 Subtotal $948,767 20 Mobilization, 10% 1 1$94,877 Subtotal $1,043,644 WSST, 9.5% $99,146 Total $1,142,790 70 ID� Task Name Duration Start Finish 1 ■ Project Admin & Management 200 As Tue 03/01/11 Mar Mon 12/29/14 I A r I May Jun I Jul I Auq I Se Oct I Nov 2 Consultant Selection 13 wks Tue 03/01/11 Mon 05/30/11 . er[0.05],Will Appleton[0.09],Fei Tan 3 Property Acquisition 4 As Tue 03/01/11 on 03/28/11 Ken Miller[O.- 01] 4 Geotechnical Investigation 5 wks Tue 05/31/11 Mon 07/04/11 ppleton[0.02],Fei Tang 0.041, 5 Surveying 4 wks Tue 07/05/11 Mon 08/01/11 Alit4-Applatoa�' ,Paul 6 30% Design _ _ 35 wks Tue 03/01/11 Mon 10/31/11 Ken 7 Permitting 35 wks Tue 11/01/11 Mon 07/02/12 8 H/H Analysis 35 wks Tue 03/01/11 Mon 10/31/11 Will A 9 Structural Design 14 wks Tue 08/02/11 Mon 11/07/11 Ken 10 85% Design 35 wks Tue 11/01/11 Mon 07/02/12 mli 11 100% Design/Bid 31 wks Tue 07/03/12 Mon 02/04/13 12 Contractor Selection 18 wks Tue 02/05/13 Mon 06/10/13 13 Notice to Proceed 0 wks Mon 06/10/13 Mon 06/10/13 14 1 Construction 20 wks Tue 06/11/13 Mon 10/28/13 15 TConstruction management 20 wks Tue 06/11/13 Mon 10/28/13 16 WQ and Flow Monitoring 200 wks Tue 03/01/11 Mon 12/29/14 Task Milestone External Tasks�� Project: Schedule.mpp Split Summary �� External Milestone Date: Mon 08/30/10 . . . . . . . . Progress Project Summary Deadline Page 1 N g[0.25],Jeff Wolf[0.05],Paul Heller[0.04],Dan Smith[0.04] Jeff Wolf[0.02] I Heller[0.05] iller[0.02],Will Appleton[0.02],Fei Tang[0.11],Jeff Wolf[0.01],Paul Heller[0.07],Dan Smith[0.01] Ken Miller[0],Will Appleton[0.02],Fei Tang[0.09],Paul Heller[0.03] ppleton[0.01],Fei Tang[0.19],Jeff Wolf[0],Paul Heller[0 06] Ken Miller,Will Appleton,Fei Tang[0.11],Jeff Wolf,Paul Heller Ken Miller,Will Appleton,Fei Tang[0.13],Jeff Wolf,Paul H 06110 Task Milestone External Tasks-� Project: Schedule.mpp Split Summary External Milestone Date: Mon 08/30/10 �� Progress Project Summary 1w Deadline Page 2 ler 4 Ken Miller,Will Appleton,Fei Tang,Jeff Wolf,Bill McCollum[0.5] Ken Miller[0.01],Will Appleton[0. Will Appleton,Fei Tang,Dan Smith[0.11] Task Milestone External Tasks Project: Schedule.mpp Split Summary External Milestone Date: Mon 08/30/10 �� Progress Project Summary Deadline Page 3 A6'cllvyle'�4 ,4' ' A State of Washington FY2011 STORMWATER RETROFIT AND LID COMPETITIVE GRANT PROGRAM FUNDING AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND CITY OF FEDERAL WAY GRANT AGREEMENT NUMBER S. 356TH STREET REGIONAL DETENTION FACILITY RETROFIT TABLE OF CONTENTS PART I. GENERAL INFORMATION.......................................................................................... I PART II. PROJECT SUMMARY.................................................................................................. 3 PARTIII. PROJECT BUDGET..................................................................................................... 3 PART IV. PROJECT GOALS AND OUTCOMES....................................................................... 3 PART V. SCOPE OF WORK......................................................................................................... 4 PART V(A). SPECIAL TERMS AND CONDITIONS.................................................................. 8 PART VI. ALL WRITINGS CONTAINED HEREIN................................................................... 8 ATTACHMENT I: GENERAL PROJECT MANAGEMENT REQUIREMENTS FOR THE FY 2011 STORMWATER RETROFIT AND LID COMPETITIVE GRANT PROGRAM....... 10 ARCHEOLOGICAL AND CULTURAL RESOURCES........................................................................................................ 10 CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY EXCLUSION .................... 10 EDUCATIONAND OUTREACH............................................................................................................................... 11 FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) REPORTING REQUIREMENTS .............. I I FUNDINGRECOGNITION............................................................................................................................... 12 INCREASEDOVERSIGHT............................................................................................................................................ 12 INDIRECTRATE.........................................................................................................................................................12 MATCHING REQUIREMENTS.....................................................................................................................................12 MINORITY AND WOMEN'S BUSINESS PARTICIPATION.. .................................................... - ................................ -_ 12 PAYMENT REQUEST SUBMITTALS.............................................................................................................................13 POSTPROJECT ASSESSMENT...........................................................................................................................14 PROCUREMENT........................................................................................................................................................ 14 I 74 PROGRESSREPORTS ......................... .................. ................................. ...................................... ..................... .......... 14 REQUIRED DOCUMENT SUBMITTALS........................................................................................................................ 14 WATER QUALITY MONITORING............................................................................................ ............................... 15 ATTACHMENT II: GENERAL TERMS AND CONDITIONS PERTAINING TO GRANT AND LOAN AGREEMENTS OF THE DEPARTMENT OF ECOLOGY ................................. 17 A. RECIPIENT PERFORMANCE.......................................................................................................................... 17 B. SUBGRANTEE/CONTRACTOR COMPLIANCE............................................................................................ 17 C. THIRD PARTY BENEFICIARY ........... .................. ...................................._.........._............................_.......... .17 D. CONTRACTING FOR SERVICES (BIDDING)................................................._............................................. 17 E. ASSIGNMENTS.................................................................................................................................................17 F. COMPLIANCE WITH ALL LAWS....................................................................................................................17 G. KICKBACKS.....................................................................................................................................................18 H. AUDITS AND INSPECTIONS..........................................................................................................................18 1. PERFORMANCE REPORTING. .............. ...................... - ..............................................................................18 J. COMPENSATION............................................................................................................................................... 19 K. TERMINATION ..........................................................................................................................................20 L. WAIVER..........................................................................................................................................................20 M. PROPERTY RIGHTS.........................................................................................................................................20 N. SUSTAINABLE PRODUCTS ......................................................................................................................21 ECIPIENT........................................................................................... O. RECOVERY OF PAYMENTS TO RECIPIENT... .......... .... . .............................................................. ........... 22 P. PROJECT APPROVAL....................................................................................................................................... 22 Q. DISPUTES..........................................................................................................................................................22 R. CONFLICT OF INTEREST................................................................................................................................ 23 S. INDEMNIFICATION .................................................................................................................... ................... 23 T. GOVERNING LAW...........................................................................................................................................23 U. SEVERABILITY................................................................................................................................................23 V. PRECEDENCE......................................................................................................... ....... .............................. ..... 23 11 75 FY2011 STORMWATER RETROFIT AND LID COMPETITIVE GRANT PROGRAM Funding Agreement Between THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND CITY OF FEDERAL WAY THIS is a binding agreement between the state of Washington Department of Ecology (DEPARTMENT) and City of Federal Way (RECIPIENT). The purpose of this agreement is to provide funds to the RECIPIENT, who will carry out the requirements described in this agreement. PART I. GENERAL INFORMATION Project Title: S. 356th Street Regional Detention Facility Retrofit Grant Number: State Fiscal Year: FY 2011 Total Project Cost: $1,840,613 Total Eligible Cost: $1,840,613 DEPARTMENT Share: $1,000,000 RECIPIENT Share: $840,613 DEPARTMENT Maximum Percentage of $1,333,000: 75% RECIPIENT Information RECIPIENT Name: Mailing Address: Fax Number: Federal Taxpayer ID Number: PROJECT Manager: Email Address: Phone Number: PROJECT Financial Officer: Email Address: Phone Number: DEPARTMENT Contact Information I City of Federal Way P.O. Box 9718 Federal Way, WA 98063-9718 (253)835-2709 91-1462550 Fei Tang fei.tang@cityoffederalway.com (253)835-2709 76 Comment [P611: Need this wfonnation Project Manager: Email Address: Phone Number: Project Engineer: Email Address: Phone Number: Address: ❑ Northwest WA State Department of Ecology Northwest Regional Office 3190 160th Ave SE Bellevue, WA 98008-5452 Fax(425)649-7098 ❑ Southwest WA State Department of Ecology Southwest Regional Office P.O. Box 47775 Olympia, WA 98504-7775 Fax(360)407-6305 ❑ Bellingham WA State Department of Ecology Bellingham Field Office 1440 10th Street, Suite 102 Bellingham, WA 98225 Fax(360)715-5225 Financial Manager: Email Address: Phone Number: Fax Number: Address: TBD TBD TBD Bobb Nolan robert.nolan@ecy.wa.gov (425)649-7197 ❑ Central WA State Department of Ecology Central Regional Office 15 West Yakima Ave, Suite 200 Yakima, WA 98902-3452 Fax(509)575-2809 ❑ Eastern WA State Department of Ecology Eastern Regional Office N. 4601 Monroe Spokane, WA 99205-1295 Fax (509) 329-3570 ❑ Headquarters WA State Department of Ecology P.O. Box 47600 Olympia, WA 98504-7600 Fax (360) 407-6426 P Patricia Brommer patricia.brommer@ecy.wa.gov (360) 407-6216 (360)407-7151 WA State Department of Ecology Water Quality Program, FMS P.O. Box 47600 Olympia, WA 98504-7600 77 CHECK ALL THAT APPLY: FY 2011 Stormwater Retrofit and LID Funds (state funds): ® Yes Amount: $1,000,000 • Prior Authorization Granted: ❑ Yes If yes, Effective Date: ® No • Increased Oversight? ❑ Yes ❑ No The effective date of this agreement is the date the agreement is signed by the DEPARTMENT's Water Quality Program Manager. Any work performed prior to the effective date of this AGREEMENT, without written Prior Authorization of the DEPARTMENT, will be at the sole expense and risk of the RECIPIENT. This agreement expires December 31, 2014. Post Project Assessment date — three years after the expiration date of the agreement (see Post Project Assessment in Attachment I): December 31, 2017 W PART II. PROJECT SUMMARY This project will address water quality for the state of Washington. This project expands the S. 356th Street Regional Detention Facility (RDF) to improve water quality and moderate flows being discharged to the wetlands forming the headwaters of the North Fork of West Hylebos Creek. The following elements are planned: deep water wet pool; flow control; bioretention; spill containment and extensive native plantings. PART III. PROJECT BUDGET Comment [RB2]: Ecology would like -------- --------------- ------------_------ .------.-.--._.---------------- to discuss the monitoring described in the application. S. 356th Street Regional Detention Facility Retrofit DCH: Ambitious level of monitoring, It is hard to tell just how much benefit Ecology would get from this monitoring. TASKS/OBJECTS TOTAL **TOTAL Need more information previous work PROJECT ELIGIBLE COST before deciding whether this should be funded or not. COST (TEC) PLB: 1 - ProjectAdministration/Management $62,400 $62,400 1. Need to discuss property acquisition. 2Flease break out construction mgmt costs from construction - 2 — Plans and Specifications $197,310 $197,310 3 — Construction Management $ $ 4 - Construction $ $ 115 - Monitoring 1 $54,296 1 $54,296 N I Total 1 $1,840,613 1 $1,840,613 11 ** The DEPARTMENT's Fiscal Office will track to the Total Eligible Cost. MATCHING REQUIREMENTS DEPARTMENT Share: maximum $1,000,000 of TEC $1,000,000 RECIPIENT Share: minimum 25% of TEC Cash $840,613 $840,613 Other tunes of in-kind, such as volunteer work are noteligible PART IV. PROJECT GOALS AND OUTCOMES A. Financial Assistance Water Quality Project Goals: The overall goals of this project are focused on the protection of Hylebos Creek and include one or more of the following: ❑ Stormwater System Retrofit ❑ Low Impact Development Best Management Practices 79 ❑ Designated beneficial uses will be restored or protected, 303(d) -Listed water bodies restored to water quality standards, healthy waters prevented from being degraded. B. Water Quality and Environmental Outcomes: The following are the anticipated water t comment [wsal: REc to Provide -- - - - " - --- l detailed information here. quality and environmental improvements from the project. Please include the water quality parameters addressed and improvements to these parameters that will occur as a result of the project. I . Retrofit the S. 3561h Regional Detention facility, located at the headwaters of the North Fork of West Hylebos Creek, captures runoff from approximately 264 acres of highly developed commercial, industrial and retail areas within the City Of Federal Way 2. 3. C. Performance Items and Deliverable': The following are the anticipated action ites that comment [PBM41.: EC to provide — —m — detailed information here. will play an integral role in implementation of the project. Please include types and amounts of BMPs that will be installed. This includes items such as linear feet of pervious pavement, number of rain gardens installed, stormwater facility, outreach and education, monitoring, technical assistance, GIS mapping, and others. 1. 2. 3. PART V. SCOPE OF WORK Task 1 - Proiect Administration/Management A. The RECIPIENT will administer the project. Responsibilities will include, but not be limited to: maintenance of project records; submittal of payment vouchers, fiscal forms, and progress reports; compliance with applicable procurement, contracting, and interlocal agreement requirements; application for, receipt of, and compliance with all required permits, licenses, easements, or property rights necessary for the project; and submittal of required performance items. B. The RECIPIENT must manage the project. Efforts will include: conducting, coordinating, and scheduling project activities and assuring quality control. Every effort will be made to maintain effective communication with the RECIPIENT's designees; the DEPARTMENT; all affected local, state, or federal jurisdictions; and any interested individuals or groups. The RECIPIENT must carry out this project in accordance with any completion dates outlined in this agreement. C. The RECIPIENT must ensure this project is completed according to the details of this agreement. The RECIPIENT may elect to use its own forces or it may contract for professional services necessary to perform and complete project -related work. 80 Required Performance: 1. Effective administration and management of this grant project. 2. Timely submittal of all required performance items, progress reports, and financial vouchers. 3. Submit at least three hard copies and one electronic copy of the final project report after a draft has been approved by the DEPARTMENT. 4. Write and submit a one to two page summary of project accomplishments and outcomes at project completion, including pictures, to be published in the DEPARTMENT's Annual Water Quality Financial Assistance Report following the DEPARMENT's water quality stories format. Task 2 — Plans and Specifications A. The RECIPIENT will submit to the DEPARTMENT's Project Manager, a copy of the Lead Agency's signed and dated State Environmental Policy Act (SEPA) determination. B. During the planning and design stage and prior to any ground disturbing activities, the RECIPIENT will submit to the DEPARTMENT's Project Manager one of the following: a. If Cultural Resources Review (Executive Order 05-05) is complete, a copy of the letter of concurrence from the Department of Archaeology and Historic Preservation (DAHP). b. If Cultural Resources Review (Executive Order 05-05) is not complete, the RECIPIENT will submit a DAHP EZ -I form to the DEPARTMENT's Project Manager for coordination with the DAHP on the letter of concurrence. C. The RECIPIENT will submit the Pre -design report to the DEPARTMENT'for review_ At _ - commer t IpcHsl: Need caloulations even if not meeting full new and its discretion, the DEPARTMENT may request 60 percent complete design plans for redevelopment criteria. review. Based on receipt of the Pre -design report or the 60 percent complete design plans, the DEPARTMENT will provide comments to the RECIPIENT within 45 days of receipt of the plans. D. The RECIPIENT will submit final plans and specifications to the DEPARTMENT's Project Manager for review. The DEPARTMENT will provide comments to the RECIPIENT within 45 days of receipt of the plans. The DEPARTMENT's Project Manager will work with the DEPARTMENT's engineer to review the plans and specifications for consistency with the appropriate design criteria and grant requirements. The RECIPIENT must justify significant deviations from the following: The following Guidance Manual depends on the region that your project is conducted: Stormwater Management Manual for Western Washington (SWMMWW), or the 81 Stormwater Management Manual for Eastern Washington (SWMMEW), both can be found at: http://www.ecy.wa.gov/programs/wq/stormwater/tech.html, or the Low Impact Development Technical Guidance Manual for Puget Sound found at: http://www.psp.wa.gov/downloads/LID/LID manual2005.pdf, or equivalent design manuals, or 2. Equivalent manual as developed by the local jurisdiction and approved by Ecology. 3. Good engineering practices and generally recognized engineering standards. 4. The project pre -design report. E. The plans, specifications, construction contract documents, and addenda must be approved by the RECIPIENT prior to submittal to the DEPARTMENT. F. The RECIPIENT will prepare and submit a projected construction schedule to the DEPARTMENT. G. The RECIPIENT will submit to the DEPARTMENT a current, updated construction cost estimate along with each plans and specifications submittal. H. The RECIPIENT will submit all construction plans to the DEPARTMENT, reduced to no larger than 11" x 17" in size. The RECIPIENT may bind them with the specifications or related construction contract documents or bound as a separate document. All reduced drawings must be legible. I. The RECIPIENT will develop and submit an operations & maintenance plan for the stormwater treatment and low impact development (LID) features. The operation & maintenance plan will describe how the RECIPIENT will ensure project success consistent with the design manual used. The operation & maintenance plan must also address long term activities to assure ongoing pollutant removal and flow -control capability of the project. (See the Stormwater Management Manual for Western Washington Volume 5, Section 4.6) Required Performance: 1. Submit a copy of the signed and dated SEPA determination to the DEPARTMENT. 2. Submit a copy of either: 1) Letter of Concurrence from DAHP; or, 2) the DAHP EZ -I form, for DEPARTMENT coordination on compliance with Executive Order 05-05. 3. Submit a Pre -design report to the DEPARTMENT. 4. Submit final plans and specifications to the DEPARTMENT. Task 3 — Construction Management A. The RECIPIENT will provide construction oversight and management of the project. M B. The RECIPIENT will submit a detailed construction quality assurance plan to the DEPARTMENT before the start of construction. This plan must describe how adequate and competent construction oversight will be performed. C. The RECIPIENT will submit a construction schedule to the DEPARTMENT within 30 days of the start of construction. The construction schedule will be revised and/or updated whenever major changes occur and at a minimum of every three months. The RECIPIENT will submit the construction schedule to the DEPARTMENT with the quarterly report. When changes in the construction schedule affect previous cash flow estimates, revised cash flow projections must also be submitted to the DEPARTMENT. D. Prior to execution, the RECIPIENT will submit eligible change orders that are a significant deviation from the DEPARTMENT reviewed plans and specifications in writing for DEPARTMENT review and approval for payment. All other change orders must be approved by the DEPARTMENT for technical merit and should be submitted within 30 days after execution. Change orders are to be signed by the contractor, the engineer (if appropriate), and the RECIPIENT prior to submittal to the DEPARTMENT for approval. E. Upon completion of construction, the RECIPIENT will provide to the DEPARTMENT's Project Manager a Construction Completion Form signed by a professional engineer, indicating that the project was completed in accordance with the plans and specifications and major change orders approved by the DEPARTMENT's Project Engineer and shown on the Record Drawings. Required Performance: 1. Submit the project construction quality assurance plan to the DEPARTMENT. 2. Submit the construction schedule to the DEPARTMENT. 3. Submit the signed and dated Declaration of Completion Form to the DEPARTMENT. Task 4 — Construction A. The RECIPIENT will construct a (Include a description of the stormwater facility). B. The RECIPIENT will submit to the DEPARTMENT's Project Manager a copy of the construction contract within 30 days of execution. Required Performance: 1. Submit a copy of the bid documents (e.g. bid announcement, bid award, bid tabulations) to the DEPARTMENT. 2. Submit a copy of the construction contract to the DEPARTMENT. 3. 4. Ry Comment [PB6Is Insert itiformation froin Part I hhere 1 Comment IPB71: hLsw info—tion jt on dehverahles here. PART V(a). SPECIAL TERMS AND CONDITIONS A. Adjusted Construction Budget. The construction budget, as reflected in the agreement, will be adjusted once actual construction bids are received. If the low responsive responsible construction bid(s) exceed the engineer's estimate of construction costs, the DEPARTMENT may approve, if funding is available and through formal amendment to this agreement, funding increases for up to ten percent of the engineer's original estimate. If the low responsive responsible construction bid(s) come in lower than the engineer's estimate of construction costs, the DEPARTMENT may reduce the grant amount. B. Chanize Orders. If funding is available, the DEPARTMENT may approve, through formal amendment to this agreement, funding for change orders for up to five percent of the eligible portion of the low responsive responsible construction bid(s). C. Documents for Review. The plans, specifications, construction contract documents, and addenda must be approved by the RECIPIENT prior to submittal for DEPARTMENT review. D. Failure to Commence Work. In the event the RECIPIENT fails to commence work on the project within four months of the signatory date, the DEPARTMENT reserves the right to terminate this agreement. E. Use of Force Account. In the event the RECIPIENT elects to use its own forces to accomplish eligible project work, the RECIPIENT acknowledges that it has the legal authority to perform the work and adequate and technically qualified staff to perform the work without compromising other government functions. The RECIPIENT must track and report the force account work submitted to the DEPARTMENT for reimbursement. PART VI. ALL WRITINGS CONTAINED HEREIN The following contain the entire understanding between the parties, and there are no other understandings or representations other than as set forth, or incorporated by reference, herein_ • This agreement. • Attachment I: General Project Management Requirements for the FY 2011 Stormwater Retrofit and Lid Competitive Grant Program. • Attachment II: General Terms and Conditions. • The effective edition, at the signing of this agreement, of the DEPARTMENT's "Administrative Requirements for Ecology Grants and Loans". • The associated funding guidelines that correspond to the fiscal year in which the project is funded. • The applicable statutes and regulations. 84 No subsequent modifications or amendments of this agreement will be of any force or effect unless signed by authorized representatives of the RECIPIENT and the DEPARTMENT and made a part of this agreement, EXCEPT that in response to a request from the RECIPIENT, the DEPARTMENT may redistribute the grant budget. The DEPARTMENT or the RECIPIENT may change their respective staff contacts without the concurrence of either party. The RECIPIENT acknowledges that they have had the opportunity to thoroughly review the terms of this agreement, the attachments, all incorporated or referenced documents, as well as all applicable statutes, rules, and guidelines mentioned in this agreement. IN WITNESS WHEREOF, the parties hereby execute this agreement: STATE OF WASHINGTON DEPARTMENT OF ECOLOGY KELLY SUSEWIND P.E., P.G. DATE WATER QUALITY PROGRAM MANAGER CITY OF FEDERAL WAY [SIGNATORY NAME]; ----[DATE�— [TITLE] 85 Comment [PBBI: Need this information ATTACHMENT I: GENERAL PROJECT MANAGEMENT REQUIREMENTS FOR THE FY 2011 STORMWATER RETROFIT AND LID COMPETITIVE GRANT PROGRAM ARCHEOLOGICAL AND CULTURAL RESOURCES The RECIPIENT must comply with all requirements listed in Executive Order 05-05 prior to implementing any project that involves disturbing soil. Compliance includes coordinating with the Department of Historic and Archeological Preservation and affected tribes. Executive Order 05-05 is found at: http•/,www dahp wa c,ov�/pages/EnvironmentalReview/documents/EO05 05.pdf The Department of Historic and Archeological Preservation has provided guidance to initiate the 0505 process that can be accessed online at: hqp:/,Iwww.dahp.wa.gov/pages/Documents/Environmenta]Review.htm and http:Hwww.dahp_wa_gov//pages/EnvironmentalReview/documents/eo0505Guidance OOO.pdf. CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY EXCLUSION 1. The RECIPIENT/CONTRACTOR, by signing this agreement, certifies that it is not suspended, debarred, proposed for debarment, declared ineligible or otherwise excluded from contracting with the federal government, or from receiving contracts paid for with federal funds. If the RECIPIENT/CONTRACTOR is unable to certify to the statements contained in the certification, they must provide an explanation as to why they cannot. 2. The RECIPIENT/CONTRACTOR shall provide immediate written notice to the Department if at any time the RECIPIENT/CONTRACTOR learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances. 3. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the department for assistance in obtaining a copy of those regulations.. 4. The RECIPIENT/CONTRACTOR agrees it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under the applicable Code of Federal Regulations, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction. 5. The RECIPIENT/CONTRACTOR further agrees by signing this agreement, that it will include this clause titled "CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY EXCLUSION" without modification in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 10 86 Pursuant to 2CFR180.330, the RECIPIENT/CONTRACTOR is responsible for ensuring that any lower tier covered transaction complies with certification of suspension and debarment requirements. 7. RECIPIENT/CONTRACTOR acknowledges that failing to disclose the information required in the Code of Federal Regulations may result in the delay or negation of this funding agreement, or pursuance of legal remedies, including suspension and debarment. 8. RECIPIENT/CONTRACTOR agrees to keep proof in its agreement file, that it, and all lower tier recipients or contractors, are not suspended or debarred, and will make this proof available to the Department upon request. RECIPIENT/CONTRACTOR must run a search in www.epls.gov and print a copy of completed searches to document proof of compliance. EDUCATION AND OUTREACH Before producing any new materials for the purpose of education and outreach the RECIPIENT must make sure similar materials do not already exist elsewhere. If similar materials exist, the RECIPIENT must request the use of the materials before time and resources are invested to duplicate materials that are already available. The RECIPIENT must provide the DEPARTMENT up to two copies and an electronic copy on CD-ROM of any tangible educational products developed under this grant, such as brochures, manuals, pamphlets, videos, audio tapes, CDs, curriculum, posters, media announcements or gadgets, such as a refrigerator magnet with a message. If this is not practical, the RECIPIENT must provide a complete description including photographs or printouts of the product. The RECIPIENT must also supply the DEPARTMENT with the names and contact information of local project leads. If there are a significant number of people in the community that speak languages other than English, the RECIPIENT must produce all pamphlets, fliers, meeting notices, reports, and other educational and public outreach materials in English and in the other prevalent language. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) REPORTING REQUIREMENTS In order to comply with the FFATA, the RECIPIENT must complete the FFATA Data Collection Form and return it to the DEPARTMENT. The DEPARTMENT will report basic agreement information, including the required DUNS number, for all federally -funded agreements at www.fsrs.gov. This information will be made available to the public at www.usaspending.gov. Recipients who do not have a DUNS number can find guidance at www.grants.gov. Please note that Ecology will not pay any invoices until it has received the completed FFATA Data Collection Form. 11 87 Any recipient that receives 80 percent or more of its annual gross revenues from federal funds, and receives more than $25,000,000 in annual federal funds, must also report compensation for its five top executives. See www,fsrs.gov for details of this requirement. If your organization falls into this category, you must report the required information to the DEPARTMENT. FUNDING RECOGNITION The RECIPIENT must inform the public about DEPARTMENT or the Environmental Protection Agency (EPA) funding participation in this project through the use of project signs, acknowledgement in published materials, reports, the news media, or other public announcements. Projects addressing site-specific locations must utilize appropriately sized and weather -resistant signs. Sign logos are available from the DEPARTMENT upon request. INCREASED OVERSIGHT If this project is selected for increased oversight (as indicated on page 3 of this agreement), the RECIPIENT must submit all backup documentation with each payment request submittal. In addition, the DEPARTMENT's Project Manager must establish a schedule for additional site visits to provide technical assistance to the RECIPIENT and verify progress or payment information. INDIRECT RATE To acknowledge overhead costs, the RECIPIENT may charge an indirect rate of up to 25 percent based on employees' direct salary and benefit costs incurred while conducting project -related work. The DEPARTMENT's Financial Manager may require a list of items included in the indirect rate at any time. MATCHING REQUIREMENTS Cash Match Requirement. FY 2011 Stormwater Retrofit and LID Competitive grants require cash match only. Interlocal Match Requirement. The RECIPIENT certifies by signing this agreement that all negotiated interlocal agreements are consistent with all of the following: • Terms of this grant agreement • The edition of "Administrative Requirements for Ecology Grants and Loans" that is effective at the signing of this agreement. • Chapter 39.34 RCW Interlocal Cooperation Act MINORITY AND WOMEN'S BUSINESS PARTICIPATION The RECIPIENT agrees to solicit and recruit, to the extent possible, certified minority-owned (MBE) and women -owned (WBE) businesses in purchases and contracts initiated after the effective date of this agreement. Contract awards or rejections cannot be made based on MBE or WBE participation. M/WBE participation is encouraged, however, and the RECIPIENT and all prospective bidders or persons 12 88 submitting qualifications should take the following steps, when possible, in any procurement initiated after the effective date of this agreement: a) Include qualified minority and women's businesses on solicitation lists. b) Assure that qualified minority and women's businesses are solicited whenever they are potential sources of services or supplies. c) Divide the total requirements, when economically feasible, into smaller tasks or quantities, to permit maximum participation by qualified minority and women's businesses. d) Establish delivery schedules, where work requirements permit, which will encourage participation of qualified minority and women's businesses. e) Use the services and assistance of the State Office of Minority and Women's Business Enterprises (OMWBE) and the Office of Minority Business Enterprises of the U.S. Department of Commerce, as appropriate. The RECIPIENT must report to the DEPARTMENT at the time of submitting each invoice, on forms provided by the DEPARTMENT, payments made to qualified firms. Please include the following information: a) Name and state OMWBE certification number (if available) of any qualified firm receiving funds under the invoice, including any sub -and/or sub -subcontractors. b) The total dollar amount paid to qualified firms under this invoice. PAYMENT REQUEST SUBMITTALS Frequency. The RECIPIENT must submit payment requests at least quarterly but no more often than monthly, unless allowed by the DEPARTMENT's Financial Manager. The DEPARTMENT's Financial Manager may require the RECIPIENT to submit regular payment requests to ensure efficient and timely use of funds. Supporting Documentation. The RECIPIENT must submit all payment request vouchers and supportive documentation to the DEPARTMENT's Financial Manager. Payment request voucher submittals are based on match requirements found in the budget. Required Forms. Any Match Combination Form A19 -IA (original signature) Form B1 (ECY 060-3) Form C1 (ECY 060-8) Form D (ECY 060-11) Cash Only Match Form A19 -IA (original signature) Form B2 (ECY 060-7) Form C2 (ECY 060-9) Form D (ECY 060-11) 13 89 Where Applicable Form E (ECY 060-12) Form F (ECY 060-13) Form H (F-21) Form I (ECY 060-15) Reporting eligible costs. The RECIPIENT must report all eligible costs incurred on the project, regardless of the source of funding for those costs. This includes costs used as match. All eligible and ineligible'project costs must be separate and identifiable. Reimbursements. Payments will be made on a cost -reimbursable basis. POST PROJECT ASSESSMENT The RECIPIENT agrees to submit a brief survey regarding the key project results or water quality project outcomes and the status of long-term environmental results or goals from the project three years after project completion. The DEPARTMENT's Water Quality Program Performance Measures Lead will contact the RECIPIENT before the Post Project Assessment date to request this data. The DEPARTMENT may also conduct site interviews and inspections, and may otherwise evaluate the Project, as part of this assessment. PROCUREMENT The RECIPIENT certifies by signing this agreement that all applicable requirements have been satisfied in the procurement of any professional services. PROGRESS REPORTS The RECIPIENT must submit quarterly progress reports to the DEPARTMENT's Financial Manger and Project Manager. Payment requests will not be processed without a progress report. Reporting Periods. • January 1 through March 31 • April I through June 30 • July 1 through September 30 • October 1 through December 31 Reporting Due Date. Quarterly progress reports are due 15 days following the end of the quarter. Report Content. At a minimum, all progress reports must contain a comparison of actual accomplishments to the objectives established for the period, the reasons for delay if established objectives were not met, analysis and explanation of any cost overruns, and any additional pertinent information specified in this agreement. REQUIRED DOCUMENT SUBMITTALS The RECIPIENT must submit the following documents to the DEPARTMENT as requested by the DEPARTMENT's Project Manager or Financial Manager: • Draft project completion reports — up to three copies 14 90 • Electronic copy of final project completion report — one copy • Final project completion reports — up to eight copies • Final project completion reports of statewide significance — up to 50 copies • Educational products developed under this agreement — up to two copies • Documents that require DEPARTMENT Approval — two copies (one for the DEPARTMENT and one for the RECIPIENT) • Interlocal agreements — one copy for the DEPARTMENT's Financial Manager • Professional services procurement agreements — 1 copy to the DEPARTMENT's Financial Manager Additional Required Document Submittals for the Federal Clean Water Act Section 319 Funded Projects and Centennial projects used by the DEPARTMENT to satisfy its Section 319 matching requirement. • Federal Clean Water Act Section 319 Grant Data Reporting Form — 1 copy to DEPARTMENT's Financial Manager during the first quarter following the effective date of the agreement • Federal Clean Water Act Section 319 Grant Load Reductions Reporting Form — 1 copy to the DEPARTMENT's Financial Manager by January 15 of each year. WATER QUALITY MONITORING Quality Assurance Project Plan (QAPP). Prior to initiating water quality monitoring activities, the RECIPIENT must prepare a Quality Assurance Project Plan (QAPP). The QAPP must follow the DEPARTMENT's Guidelines and Specifications for Preparing Quality Assurance Project Plans for Environmental Studies, February 2001 (Ecology Publication No. 01-03-003). The applicant may also reference the Technical Guidance for Assessing the Quality of Aquatic Environments, revised February 1994 (Ecology Publication No. 91-78) or more current revision, in developing the QAPP. The RECIPIENT must submit the QAPP to the DEPARTMENT's project manager for review, comment, and must be approved before starting the environmental monitoring activities. The RECIPIENT must use an environmental laboratory accredited by the DEPARTMENT to analyze water samples for all parameters to be analyzed that require bench testing. Information on currently accredited laboratories and the accreditation process is provided on the DEPARTMENT's Environmental Assessment Program's website, available at: http:Hwww.ecy.wa.gov/pro�)rams/eap/lab-accreditation.html The RECIPIENT should manage all monitoring data collected or acquired under this agreement in order to be available to secondary users and meet the "ten-year rule." The ten-year rule means that data documentation is sufficient to allow an individual not directly familiar with the specific monitoring effort to understand the purpose of the data set, methods used, results obtained, and quality assurance measures taken ten years after data are collected. 15 91 Monitoring Data Submittal / Environmental Information Management System. Funding recipients that collect water quality monitoring data must submit all data to Ecology through the Environmental Information Management System (EIM). Data must be submitted by following instructions on the EIM website, currently available at: http://www.ecy.wa.,szov/eim The data submittal portion of the EIM website provides information and help on formats and requirements for submitting tabular data. Specific questions about data submittal can be directed to the EIM Data Coordinator, currently available at: eim data coordinatornecy.wa.gov If GIS data is collected, Ecology data standards are encouraged. An Ecology Focus Sheet entitled GIS Data and EcoloU Grants (Publication No. 98 -1812 -SEA) outlines the standards. Common standards must be used for infrastructure details, such as geographic names, Geographic Information System (GIS) coverage, list of methods, and reference tables. 16 ATTACHMENT II: GENERAL TERMS AND CONDITIONS PERTAINING TO GRANT AND LOAN AGREEMENTS OF THE DEPARTMENT OF ECOLOGY A. RECIPIENT PERFORMANCE All activities for which grant/loan funds are to be used shall be accomplished by the RECIPIENT and RECIPIENT's employees. The RECIPIENT shall only use contractor/consultant assistance if that has been included in the agreement's final scope of work and budget. B. SUBGRANTEE/CONTRACTOR COMPLIANCE The RECIPIENT must ensure that all subgrantees and contractors comply with the terms and conditions of this agreement. C. THIRD PARTY BENEFICIARY The RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this agreement, the state of Washington is named as an express third -party beneficiary of such subcontracts with full rights as such. D. CONTRACTING FOR SERVICES (BIDDING) Contracts for construction, purchase of equipment and professional architectural and engineering services shall be awarded through a competitive process, if required by State law. RECIPIENT shall retain copies of all bids received and contracts awarded, for inspection and use by the DEPARTMENT. E. ASSIGNMENTS No right or claim of the RECIPIENT arising under this agreement shall be transferred or assigned by the RECIPIENT. F. COMPLIANCE WITH ALL LAWS 1. The RECIPIENT shall comply fully with all applicable Federal, State and local laws, orders, regulations and permits. Prior to commencement of any construction, the RECIPIENT shall secure the necessary approvals and permits required by authorities having jurisdiction over the project, provide assurance to the DEPARTMENT that all approvals and permits have been secured, and make copies available to the DEPARTMENT upon request. 2. Discrimination. The DEPARTMENT and the RECIPIENT agree to be bound by all Federal and State laws, regulations, and policies against discrimination. The RECIPIENT further agrees to affirmatively support the program of the Office of Minority and Women's Business Enterprises to the maximum extent possible. If the agreement is federally -funded, the RECIPIENT shall report to the DEPARTMENT the percent of grant/loan funds available to women or minority owned businesses. 3. Wages And Job Safety. The RECIPIENT agrees to comply with all applicable laws, regulations, and policies of the United States and the state of Washington which affect wages and job safety. 17 93 4. Industrial Insurance. The RECIPIENT certifies full compliance with all applicable state industrial insurance requirements. If the RECIPIENT fails to comply with such laws, the DEPARTMENT shall have the right to immediately terminate this agreement for cause as provided in Section K.1, herein. G. KICKBACKS The RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this project to give up any part of the compensation to which he/she is otherwise entitled or, receive any fee, commission or gift in return for award of a subcontract hereunder. H. AUDITS AND INSPECTIONS 1. The RECIPIENT shall maintain complete program and financial records relating to this agreement. Such records shall clearly indicate total receipts and expenditures by fund source and task or object. All grantiloan records shall be kept in a manner which provides an audit trail for all expenditures. All records shall be kept in a common file to facilitate audits and inspections. Engineering documentation and field inspection reports of all construction work accomplished under this agreement shall be maintained by the RECIPIENT. 2. All grant/loan records shall be open for audit or inspection by the DEPARTMENT or by any duly authorized audit representative of the state of Washington for a period of at least three years after the final grant payment/loan repayment or any dispute resolution hereunder. If any such audits identify discrepancies in the financial records, the RECIPIENT shall provide clarification and/or make adjustments accordingly. 3. All work performed under this agreement and any equipment purchased, shall be made available to the DEPARTMENT and to any authorized state, federal or local representative for inspection at any time during the course of this agreement and for at least three years following grant/loan termination or dispute resolution hereunder. 4. RECIPIENT shall meet the provisions in OMB Circular A-133 (Audits of States, Local Governments & Non Profit Organizations), including the compliance Supplement to OMB Circular A-133, if the RECIPIENT expends $500,000 or more in a year in Federal funds. The $500,000 threshold for each year is a cumulative total of all federal funding from all sources. The RECIPIENT must forward a copy of the audit along with the RECIPIENT'S response and the final corrective action plan to the DEPARTMENT within 90 days of the date of the audit report. I. PERFORMANCE REPORTING The RECIPIENT shall submit progress reports to the DEPARTMENT with each payment request or such other schedule as set forth in the Special Conditions. The RECIPIENT shall also report in writing to the DEPARTMENT any problems, delays or adverse conditions which will materially affect their ability to meet project objectives or time schedules. This disclosure shall be accompanied by a statement of the action taken or proposed and any assistance needed from the DEPARTMENT to resolve the situation. Payments may be withheld if required progress reports are not submitted. Quarterly reports shall cover the periods January 1 through March 31, 18 94 April 1 through June 30, July 1 through September 30, and October 1 through December 31. Reports shall be due within 30 days following the end of the quarter being reported. J. COMPENSATION I . Method of compensation. Payment shall normally be made on a reimbursable basis as specified in the grant agreement and no more often than once per month. Each request for payment will be submitted by the RECIPIENT on State voucher request forms provided by the DEPARTMENT along with documentation of the expenses. Payments shall be made for each task/phase of the project, or portion thereof, as set out in the Scope of Work when completed by the RECIPIENT and approved as satisfactory by the Project Officer. The payment request form and supportive documents must itemize all allowable costs by major elements as described in the Scope of Work. Instructions for submitting the payment requests are found in "Administrative Requirements for Ecology Grants and Loans", part W, published by the DEPARTMENT. A copy of this document shall be furnished to the RECIPIENT. When payment requests are approved by the DEPARTMENT, payments will be made to the mutually agreed upon designee. Payment requests shall be submitted to the DEPARTMENT and directed to the Project Officer assigned to administer this agreement. 2. Period of Compensation. Payments shall only be made for actions of the RECIPIENT pursuant to the grant/loan agreement and performed after the effective date and prior to the expiration date of this agreement, unless those dates are specifically modified in writing as provided herein. 3. Final Request(s) for Payment. The RECIPIENT should submit final requests for compensation within forty-five (45) days after the expiration date of this agreement and within fifteen (15) days after the end of a fiscal biennium. Failure to comply may result in delayed reimbursement. 4. Performance Guarantee. The DEPARTMENT may withhold an amount not to exceed ten percent (10%) of each reimbursement payment as security for the RECIPIENT's performance. Monies withheld by the DEPARTMENT may be paid to the RECIPIENT when the project(s) described herein, or a portion thereof, have been completed if, in the DEPARTMENT's sole discretion, such payment is reasonable and approved according to this agreement and, as appropriate, upon completion of an audit as specified under section J.6. herein. 5. Unauthorized Expenditures. All payments to the RECIPIENT may be subject to final audit by the DEPARTMENT and any unauthorized expenditure(s) charged to this grant/loan shall be refunded to the DEPARTMENT by the RECIPIENT. 6. Mileage and Per Diem. If mileage and per diem are paid to the employees of the RECIPIENT or other public entities, it shall not exceed the amount allowed under state law for state employees. 7. Overhead Costs. No reimbursement for overhead costs shall be allowed unless provided for in the Scope of Work hereunder. HE 95 K. TERMINATION 1. For Cause. The obligation of the DEPARTMENT to the RECIPIENT is contingent upon satisfactory performance by the RECIPIENT of all of its obligations under this agreement. In the event the RECIPIENT unjustifiably fails, in the opinion of the DEPARTMENT, to perform any obligation required of it by this agreement, the DEPARTMENT may refuse to pay any further funds there under and/or terminate this agreement by giving written notice of termination. A written notice of termination shall be given at least five working days prior to the effective date of termination. In that event, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, and reports or other materials prepared by the RECIPIENT under this agreement, at the option of the DEPARTMENT, shall become Department property and the RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Despite the above, the RECIPIENT shall not be relieved of any liability to the DEPARTMENT for damages sustained by the DEPARTMENT and/or the State of Washington because of any breach of agreement by the RECIPIENT. The DEPARTMENT may withhold payments for the purpose of setoff until such time as the exact amount of damages due the DEPARTMENT from the RECIPIENT is determined. 2. Insufficient Funds. The obligation of the DEPARTMENT to make payments is contingent on the availability of state and federal funds through legislative appropriation and state allotment. When this agreement crosses over state fiscal years the obligation of the DEPARTMENT is contingent upon the appropriation of funds during the next fiscal year. The failure to appropriate or allot such funds shall be good cause to terminate this agreement as provided in paragraph K.1 above. When this agreement crosses the RECIPIENT's fiscal year, the obligation of the RECIPIENT to continue or complete the project described herein shall be contingent upon appropriation of funds by the RECIPIENT s governing body; provided, however, that nothing contained herein shall preclude the DEPARTMENT from demanding repayment of ALL funds paid to the RECIPIENT in accordance with Section O herein. 3. Failure to Commence Work. In the event the RECIPIENT fails to commence work on the project funded herein within four months after the effective date of this agreement, or by any date agreed upon in writing for commencement of work, the DEPARTMENT reserves the right to terminate this agreement. L. WAIVER Waiver of any RECIPIENT default is not a waiver of any subsequent default. Waiver of a breach of any provision of this agreement is not a waiver of any subsequent breach and will not be construed as a modification of the terms of this agreement unless stated as such in writing by the authorized representative of the DEPARTMENT. M. PROPERTY RIGHTS 1. Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable property, the RECIPIENT may copyright or patent the same but the 20 V11 DEPARTMENT retains a royalty -free, nonexclusive and irrevocable license to reproduce, publish, recover or otherwise use the material(s) or property and to authorize others to use the same for federal, state or local government purposes_ Where federal funding is involved, the federal government may have a proprietary interest in patent rights to any inventions that are developed by the RECIPIENT as provided in 35 U.S.C. 200-212. 2. Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish information of the DEPARTMENT; present papers, lectures, or seminars involving information supplied by the DEPARTMENT; use logos, reports, maps or other data, in printed reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to the DEPARTMENT. 3. Tangible Property Rights. The DEPARTMENT's current edition of "Administrative Requirements for Ecology Grants and Loans", Part V, shall control the use and disposition of all real and personal property purchased wholly or in part with funds furnished by the DEPARTMENT in the absence of state, federal statute(s), regulation(s), or policy(s) to the contrary or upon specific instructions with respect thereto in the Scope of Work. 4. Personal Property Furnished by the DEPARTMENT. When the DEPARTMENT provides personal property directly to the RECIPIENT for use in performance of the project, it shall be returned to the B-4 DEPARTMENT prior to final payment by the DEPARTMENT. If said property is lost, stolen or damaged while in the RECIPIENT's possession, the DEPARTMENT shall be reimbursed in cash or by setoff by the RECIPIENT for the fair market value of such property. 5. Acquisition Projects. The following provisions shall apply if the project covered by this agreement includes funds for the acquisition of land or facilities: a. Prior to disbursement of funds provided for in this agreement, the RECIPIENT shall establish that the cost of land/or facilities is fair and reasonable. b. The RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to disbursement of funds provided by this agreement. Such evidence may include title insurance policies, Torrens certificates, or abstracts, and attorney's opinions establishing that the land is free from any impediment, lien, or claim which would impair the uses contemplated by this agreement. 6. Conversions. Regardless of the contract termination date shown on the cover sheet, the RECIPIENT shall not at any time convert any equipment, property or facility acquired or developed pursuant to this agreement to uses other than those for which assistance was originally approved without prior written approval of the DEPARTMENT. Such approval may be conditioned upon payment to the DEPARTMENT of that portion of the proceeds of the sale, lease or other conversion or encumbrance which monies granted pursuant to this agreement bear to the total acquisition, purchase or construction costs of such property. N. SUSTAINABLE PRODUCTS In order to sustain Washington's natural resources and ecosystems, the RECIPIENT is encouraged to implement sustainable practices where and when possible. These practices include 21 97 use of clean energy, and purchase and use of sustainably produced products (e.g., recycled paper). For more information, see http:/./www.ecy.wa.gov/sustainability/. O. RECOVERY OF PAYMENTS TO RECIPIENT The right of the RECIPIENT to retain monies paid to it as reimbursement payments is contingent upon satisfactory performance of this agreement including the satisfactory completion of the project described in the Scope of Work. In the event the RECIPIENT fails, for any reason, to perform obligations required of it by this agreement, the RECIPIENT may, at the DEPARTMENT's sole discretion, be required to repay to the DEPARTMENT all grant/loan funds disbursed to the RECIPIENT for those parts of the project that are rendered worthless in the opinion of the DEPARTMENT by such failure to perform. Interest shall accrue at the rate of twelve percent per year from the time the DEPARTMENT demands repayment of funds. If payments have been discontinued by the DEPARTMENT due to insufficient funds as in Section K.2 above, the RECIPIENT shall not be obligated to repay monies which had been paid to the RECIPIENT prior to such termination. Any property acquired under this agreement, at the option of the DEPARTMENT, may become the DEPARTMENT'S property and the RECIPIENT'S liability to repay monies shall be reduced by an amount reflecting the fair value of such property. P. PROJECT APPROVAL The extent and character of all work and services to be performed under this agreement by the RECIPIENT shall be subject to the review and approval of the DEPARTMENT through the Project Officer or other designated official to whom the RECIPIENT shall report and be responsible. In the event there is a dispute with regard to the extent and character of the work to be done, the determination of the Project Officer or other designated official as to the extent and character of the work to be done shall govern. The RECIPIENT shall have the right to appeal decisions as provided for below. Q. DISPUTES Except as otherwise provided in this agreement, any dispute concerning a question of fact arising under this agreement which is not disposed of in writing shall be decided by the Project Officer or other designated official who shall provide a written statement of decision to the RECIPIENT. The decision of the Project Officer or other designated official shall be final and conclusive unless, within thirty days from the date of receipt of such statement, the RECIPIENT mails or otherwise furnishes to the Director of the DEPARTMENT a written appeal. In connection with appeal of any proceeding under this clause, the RECIPIENT shall have the opportunity to be heard and to offer evidence in support of this appeal. The decision of the Director or duly authorized representative for the determination of such appeals shall be final and conclusive. Appeals from the Director's determination shall be brought in the Superior Court of Thurston County. Review of the decision of the Director will not be sought before either the Pollution Control Hearings Board or the Shoreline Hearings Board. Pending final decision of dispute hereunder, the RECIPIENT shall proceed diligently with the performance of this agreement and in accordance with the decision rendered. 22 W R. CONFLICT OF INTEREST No officer, member, agent, or employee of either party to this agreement who exercises any function or responsibility in the review, approval, or carrying out of this agreement, shall participate in any decision which affects his/her personal interest or the interest of any corporation, partnership or association in which he/she is, directly or indirectly interested; nor shall he/she have any personal or pecuniary interest, direct or indirect, in this agreement or the proceeds thereof. S. INDEMNIFICATION 1. The DEPARTMENT shall in no way be held responsible for payment of salaries, consultant's fees, and other costs related to the project described herein, except as provided in the Scope of Work. 2. To the extent that the Constitution and laws of the State of Washington permit, each party shall indemnify and hold the other harmless from and against any liability for any or all injuries to persons or property arising from the negligent act or omission of that party or that party's agents or employees arising out of this agreement. T. GOVERNING LAW This agreement shall be governed by the laws of the State of Washington. U. SEVERABILITY If any provision of this agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this agreement which can be given effect without the invalid provision, and to this end the provisions of this agreement are declared to be severable. V. PRECEDENCE In the event of inconsistency in this agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: (a) applicable Federal and State statutes and regulations; (b) Scope of Work; (c) Special Terms and Conditions; (d) Any terms incorporated herein by reference including the "Administrative Requirements for Ecology Grants and Loans"; and (e) the General Terms and Conditions. SS -010 Rev. 04/04 23 99 SUBJECT: Acceptance of Grant Funding for Transportation Improvement Projects POLICY QUESTION: Should City Council authorize staff to accept Federal Grant Funding for the Lakota Middle School Safe Route to School Improvements and the Mark Twain Elementary School Safe Route to School Improvements? COMMITTEE: Land Use and Transportation Committee MEETING DATE: June 13, 2011 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ® Resolution STAFF REPORT BY: Marwan Salloum, P Public Works Other Public Works Attachments: Land Use and Transportation Committee memorandum dated June 13, 201 L Options Considered: 1. Approve the attached resolution to accept Federal Grant Funding for the Lakota Middle School Safe Route to School Improvements and the Mark Twain Elementary School Safe Route to School Improvements. 2. Do not approve the attached resolution to accept Federal Grant Funding for the Lakota Middle School Safe Route to School Improvements and the Mark Twain Elementary School Safe Route to School Improvements. __.................................... ........_..._..................... ................................ ..... ....._........... ........ 1.111111 MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the June 21, 2011 Council Consent for MAYOR APPROVAL:/? DIRECTOR APPROVAL: f Committee Council Committee Council COMMITTEE RECOMMENDATION: Committee recommends forwarding Option 1 to the June 21, 2011 Council Consent Agenda for approval. Linda Kochmar, Chair Jim Ferrell, Member Jack Dovey, Member PROPOSED COUNCIL MOTION: "I move to approve the attached resolution to accept Federal Grant Funding for the Lakota Middle School Safe Route to School Improvements and the Mark Twain Elementary School Safe Route to School Improvements." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED IST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 02/06/2006 RESOLUTION # K:\council\agenda bills\2011/06-13-11 Acceptance of Grant funding.doc 100 CITY OF FEDERAL WAY MEMORANDUM DATE: June 13, 2011 TO: Land Use and Transportation Committee VIA: Skip Priest, Mayor Cary M. Roe, P.E., Director of Parks, Public Works an k gency agement pillk FROM: Marwan Salloum, P.E., Deputy Public works Director SUBJECT: Acceptance of Grant Funding for Transportation Imment Projects BACKGROUND: This memorandum provides the Council with the current status of the grant applications submitted in 2010, grant funding received to date, and required match. Funding Agency Project Title Safe Routes to School Federal Funding Grant Project Locations: ■ Mark Twain Elementary School This funding is for the design services and construction costs to install advanced 20 mph Solar School Zone Flasher, Two Solar Powered LED Rectangular -shaped Rapid Flashing Beacons (RRFB) at the school zone crossing on Star Lake Road, Six ADA compliant ramps in the right of way, five ADA compliant ramps on the school property, and construction of an 8-10 foot wide paved walkway approximately 485 feet in length from the street to the stairs of the school building entrance. ■ Lakota Middle School This funding is for the design services and construction costs to install a traffic signal at the intersection of 14`" Ave SW and SW 312`" St with an exclusive pedestrian all stop phase. The project also includes installation of ADA compliance ramps at the four corners of the intersection and side walks on the north side of the street between 14th Ave SW and SW 312`" Street. Estimated Project Cost $386,057 $859,080 Project File Day File K:\LUTC\2011\06-13-11 Acceptance of Grant Funding for Transportli0'Projects.doc Grant Fund $386,057 $859,080 Required :itv Match $0.00 $0.00 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AUTHORIZING EXECUTION OF LOCAL AGENCY AGREEMENT WITH WASHINGTON STATE DEPARTMENT OF TRANSPORTATION REGARDING IMPROVEMENT OF THE LAKOTA MIDDLE SCHOOL SAFE ROUTE TO SCHOOL IMPROVEMENTS AND THE MARK TWAIN ELEMENTARY SCHOOL SAFE ROUTE TO SCHOOL IMPROVEMENTS IN THE CITY OF FEDERAL WAY, WASHINGTON. WHEREAS, the City of Federal Way applied for a Safe Route to School Federal grant Fund from the Washington State Department of Transportation for the purpose of design, right-of-way acquisition and construction of Lakota Middle School Safe Route to School Improvements and the Mark Twain Elementary School Safe Route to School Improvements; and WHEREAS, the Washington State Department of Transportation agrees to grant the City of Federal Way estimated federal funds in the amount of Eight Hundred Fifty - Nine Thousand Eighty Dollars ($859,080) for Lakota Middle School Safe Route to School Improvements and Three Hundred Eighty - Six Thousand Fifty Seven Dollars ($386,057) for Mark Twain Elementary School Safe Route to School Improvements provided that the City Council authorizes the Mayor to enter into the Local Agency Agreement; and WHEREAS, by accepting said grant the City of Federal Way agrees to execute the Local Agency Agreement; and grant. WHEREAS, No local match is required for the City of Federal Way to accept this NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY HEREBY RESOLVES AS FOLLOWS: Resolution No. II - 102 Page 1 of 3 Rev 1/10 Section 1 Execution of Acceptance of the Local Agency Agreement. The Mayor or his designee is hereby authorized to execute the Local Agency Agreement regarding the Lakota Middle School Safe Route to School Improvements and the Mark Twain Elementary School Safe Route to School Improvements in the City of Federal Way. Section 2. Receipt of Federal Funds. The Mayor or his designee is hereby authorized to receive the state and federal funds estimated to be Eight Hundred Fifty - Nine Thousand Eighty Dollars ($859,080) for Lakota Middle School Safe Route to School Improvements and Three Hundred Eighty - Six Thousand Fifty Seven Dollars ($386,057) for Mark Twain Elementary School Safe Route to School Improvements. Section 3 Matching Funds Authorized. Pursuant to the terms of the Local Agency Agreement, the City is not required to match any funds for this grant. Section 4. 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 5. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. Section 6. 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 June, 2011. Resolution No. I I - Page 2 of 3 Rev 1/10 103 CITY OF FEDERAL WAY MAYOR, SKIP PRIEST ATTEST: CITY CLERK, CAROL MCNEILLY, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO.: Resolution No. H - 104 Page 3 of 3 Rev 1/10 AdIbk � Washington State fI/ Department of Transportation Agency City of Federal Way Address 33325 8th Avenue South Federal Way, WA 98003 Local Agency Agreement CFDA No. 20.205 (Catalog of Federal Domestic Assistance) Project No. ---- — Agreement No. For OSC WSDOT Use Only The Local Agency having complied, or hereby agreeing to comply, with the terms and conditions set forth in (1) Title 23, U.S. Code Highways, (2) the regulations issued pursuant thereto, (3) Office of Management and Budget Circulars A-102, A-87 and A-133, (4) the policies and procedures promulgated by the Washington State Department of Transportation, and (5) the federal aid project agreement entered into between the State and Federal Government, relative to the above project, the Washington State Department of Transportation will authorize the Local Agency to proceed on the project by a separate notification. Federal funds which are to be obligated for the project may not exceed the amount shown herein on line r, column 3, without written authority by the State, subject to the approval of the Federal Highway Administration. All project costs not reimbursed by the Federal Government shall be the responsibility of the Local Agency. Project Description Name Lakota Middle School - Safe Route to School Program Length 0.18 mi Termini Description of Work This Project will install a new signal with an exclusive all stop pedestrian phase at the intersection of SW312th Street and 14th Ave SW providing access to the Middle School at 14th Ave SW and SW 312th Street with the additional feature of 8' sidewalk, b' planter, 5' bike lane, and street lights approximately 745' on the north side of SW 312th Street from Dash Point Rd to 14th Ave SW Type of Work yp Estimate of Funding Estimated Total Project Funds (2) Estimated Agency Funds Estimated Federal Funds PE a. Agency 100 _ % b. Other_ Consultant _ 200.000.00 — 0.00 200 000.00 —_ _ c. Other— Federal Aid d. State — — — -- Participation ---- Ratio for PE e. Total PE Cost Estimate a+b+c+d 200,000.00 200 000.00 Right of Way f. Agency ---�--- — % g. Other --.- h. Other _ - — Federal Aid i. State Participation -- -- Ratio for RW i. Total RNV Cost Estimate f+ +h+i Construction k. Contract I. Other — -- m. Otherin. Other _ o. Agency_ -- Federal Aid p. State Participation -- --- ---- — -- Ratio for CN q. Total CN Cost Estimate k+l+m+n+o+ r. Total Pro'ect Cost Estimate a+•+ 200 000.00 200 000.00 Agency Official By Title Ski Priest, riest, Mayor DOT Form 140-039 EF Revised 05/09 Washington State Department of Transportation By Director of Highways and Local Programs 1-05 Date Executed Construction Method of Financing (Check Method Selected) State Ad and Award ❑ Method A - Advance Payment - Agency Share of total construction cost (based on contract award) ❑ Method B - Withhold from qas tax the Agency's share of total construction cost (line 4, column 2) in the amount of at $ Local Force or Local Ad and Award ® Method C - Aaencv cost incurred with Dartial reimbursement Provisions 1. Scope of Work per month for months. The Local Agency further stipulates that pursuant to said Title 23, regulations and policies and procedures, and as a condition to payment of the federal funds obligated, it accepts and will comply with the applicable provisions set forth below. Adopted by official action on June 21 2011 , Resolution/Ordinance No. The Agency shall provide all the work, labor, materials, and services necessary to perform the project which is described and set forth in detail in the "Project Description" and "Type of Work." When the State acts for and on behalf of the Agency, the State shall be deemed an agent of the Agency and shall perform the services described and indicated in "Type of Work" on the face of this agreement, in accordance with plans and specifications as proposed by the Agency and approved by the State and the Federal Highway Administration. When the State acts for the Agency but is not subject to the right of control by the Agency, the State shall have the right to perform the work subject to the ordinary procedures of the State and Federal Highway Administration. It. Delegation of Authority The State is willing to fulfill the responsibilities to the Federal Government by the administration of this project. The Agency agrees that the State shall have the full authority to carry out this administration. The State shall review, process, and approve documents required for federal aid reimbursement in accordance with federal requirements. If the State advertises and awards the contract, the State will further act for the Agency in all matters concerning the project as requested by the Agency. If the Local Agency advertises and awards the project, the State shall review the work to ensure conformity with the approved plans and specifications. 111. Project Administration Certain types of work and services shall be provided by the State on this project as requested by the Agency and described in the Type of Work above. In addition, the State will furnish qualified personnel for the supervision and inspection of the work in progress. On Local Agency advertised and awarded projects, the supervision and inspection shall be limited to ensuring all work is in conformance with approved plans, specifications, and federal aid requirements. The salary of such engineer or other supervisor and all other salaries and costs incurred by State forces upon the project will be considered a cost thereof. All costs related to this project incurred by employees of the State in the customary manner on highway payrolls and vouchers shall be charged as costs of the project. IV. Availability of Records All project records in support of all costs incurred and actual expenditures kept by the Agency are to be maintained in accordance with local government accounting procedures prescribed by the Washington State Auditor's Office, the U.S. Department of Transportation, and the Washington State Department of Transportation. The records shall be open to inspection by the State and Federal Government at all reasonable times and shall be retained and made available for such inspection for a period of not less than three years from the final payment of any federal aid funds to the Agency. Copies of said records shall be furnished to the State and/or Federal Government upon request. V. Compliance,with Provisions The Agency shall not incur any federal aid participation costs on any classification of work on this project until authorized in writing by the State for each classification. The classifications of work for projects are: 106 DOT Form 140-039 EF Revised 05/09 1. Preliminary engineering. 2. Right of way acquisition. 3. Project construction. In the event that right of way acquisition, or actual construction of the road, for which preliminary engineering is undertaken is not started by the closing of the tenth fiscal year following the fiscal year in which the agreement is executed, the Agency will repay to the State the sum or sums of federal funds paid to the Agency under the terms of this agreement (see Section IX). The Agency agrees that all stages of construction necessary to provide the initially planned complete facility within the limits of this project will conform to at least the minimum values set by approved statewide design standards applicable to this class of highways, even though such additional work is financed without federal aid participation. The Agency agrees that on federal aid highway construction projects, the current federal aid regulations which apply to liquidated damages relative to the basis of federal participation in the project cost shall be applicable in the event the contractor fails to complete the contract within the contract time. VI. Payment and Partial Reimbursement The total cost of the project, including all review and engineering costs and other expenses of the State, is to be paid by the Agency and by the Federal Government. Federal funding shall be in accordance with the Federal Transportation Act, as amended, and Office of Management and Budget circulars A-102, A-87 and A-133. The State shall not be ultimately responsible for any of the costs of the project. The Agency shall be ultimately responsible for all costs associated with the project which are not reimbursed by the Federal Government. Nothing in this agreement shall be construed as a promise by the State as to the amount or nature of federal participation in this project. The Agency shall bill the state for federal aid project costs incurred in conformity with applicable federal and state laws. The agency shall minimize the time elapsed between receipt of federal aid funds and subsequent payment of incurred costs. Expenditures by the Local Agency for maintenance, general administration, supervision, and other overhead shall not be eligible for federal participation unless a current indirect cost plan has been prepared in accordance with the regulations outlined in the federal Office of Management & Budget (OMB) circular A-87, and retained for audit. The State will pay for State incurred costs on the project. Following payment, the State shall bill the Federal Government for reimbursement of those costs eligible for federal participation to the extent that such costs are attributable and properly allocable to this project. The State shall bill the Agency for that portion of State costs which were not reimbursed by the Federal Government (see Section IX). Project Construction Costs Project construction financing will be accomplished by one of the three methods as indicated in this agreement. Method A — The Agency will place with the State, within (20) days after the execution of the construction contract, an advance in the amount of the Agency's share of the total construction cost based on the contract award. The State will notify the Agency of the exact amount to be deposited with the State. The State will pay all costs incurred under the contract upon presentation of progress billings from the contractor. Following such payments, the State will submit a billing to the Federal Government for the federal aid participation share of the cost. When the project is substantially completed and final actual costs of the project can be determined, the State will present the Agency with a final billing showing the amount due the State or the amount due the Agency. This billing will be cleared by either a payment from the Agency to the State or by a refund from the State to the Agency. Method B — The Agency's share of the total construction cost as shown on the face of this agreement shall be withheld from its monthly fuel tax allotments. The face of this agreement establishes the months in which the withholding shall take place and the exact amount to be withheld each month. The extent of withholding will be confirmed by letter from the State at the time of contract award. Upon receipt of progress billings from the contractor, the State will submit such billings to the Federal Government for payment of its participating portion of such billings. Method C — The Agency may submit vouchers to the State in the format prescribed by the State, in duplicate, not more than once per month for those costs eligible for Federal participation to the extent that such costs are directly attributable and properly allocable to this project. Expenditures by the Local Agency for maintenance, general administration, supervision, and other overhead shall not be eligible for Federal participation unless claimed under a previously approved indirect cost plan. The State shall reimburse the Agency for the Federal share of eligible project costs up to the amount shown on the face of this agreement. At the time of audit, the Agency will provide documentation of all costs incurred on the project. The State shall bill the Agency for all costs incurred by the State relative to the project. The State shall also bill the Agency for the federal funds paid by the State to the Agency for project costs which are subsequently determined to be ineligible for federal participation (see Section IX). VII. Audit of Federal Consultant Contracts The Agency, if services of a consultant are required, shall be responsible for audit of the consultant's records to determine eligible federal aid costs on the project. The report of said audit shall be in the Agency's files and made available to the State and the Federal Government. An audit shall be conducted by the WSDOT Internal Audit Office in accordance with generally accepted governmental auditing standards as issued by the United States General Accounting Office by the Comptroller General of the United States; WSDOT Manual M 27-50, Consultant Authorization, Selection, and Agreement Administration; memoranda of understanding between WSDOT and FHWA; and Office of Management and Budget Circular A-133. If upon audit it is found that overpayment or participation of federal money in ineligible items of cost has occurred, the Agency shall reimburse the State for the amount of such overpayment or excess participation (see Section IX). VIII. Single Audit Act The Agency, as a subrecipient of federal funds, shall adhere to the federal Office of Management and Budget (OMB) Circular A-133 as well as all applicable federal and state statutes and regulations. A subrecipient who expends $500,000 or more in federal awards from all sources during a given fiscal year shall have a single or program -specific audit performed for that year in accordance with the provisions of OMB Circular A-133. Upon conclusion of the A-133 audit, the Agency shall be responsible for ensuring that a copy of the report is transmitted promptly to the State. X. Traffic Control, Signing, Marking, and Roadway Maintenance IX. Payment of Billing The Agency agrees that if payment or arrangement for payment of any of the State's billing relative to the project (e.g., State force work, project cancellation, overpayment, cost ineligible for federal participation, etc.) is not made to the State within 45 days after the Agency has been billed, the State shall effect reimbursement of the total sum due from the regular monthly fuel tax allotments to the Agency from the Motor Vehicle Fund. No additional Federal project funding will be approved until full payment is received unless otherwise directed the Director of Highways and Local Programs. 107 DOT Form 140-039 EF 3 Revised 05/09 The Agency will not permit any changes to be made in the provisions for parking regulations and traffic control on this project without prior approval of the State and Federal Highway Administration. The Agency will not install or permit to be installed any signs, signals, or markings not in conformance with the standards approved by the Federal Highway Administration and MUTCD. The Agency will, at its own expense, maintain the improvement covered by this agreement. XI. Indemnity The Agency shall hold the Federal Government and the State harmless from and shall process and defend at its own expense all claims, demands, or suits, whether at law or equity brought against the Agency, State, or Federal Government, arising from the Agency's execution, performance, or failure to perform any of the provisions of this agreement, or of any other agreement or contract connected with this agreement, or arising by reason of the participation of the State or Federal Government in the project, PROVIDED, nothing herein shall require the Agency to reimburse the State or the Federal Government for damages arising out of bodily injury to persons or damage to property caused by or resulting from the sole negligence of the Federal Government or the State. XII. Nondiscrimination Provision No liability shall attach to the State or Federal Government except as expressly provided herein. The Agency shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any USDOT-assisted contract and/or agreement or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Agency shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of USDOT-assisted contracts and agreements. The WSDOT's DBE program, as required by 49 CFR Part 26 and as approved by USDOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the Agency of its failure to cant' out its approved program, the Department may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). The Agency hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the rules and regulations of the Secretary of Labor in 41 CFR Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance, or guarantee or understanding pursuant to any federal program involving such grant, contract, loan, insurance, or guarantee, the required contract provisions for Federal -Aid Contracts (FHWA 1273), located in Chapter 44 of the Local Agency Guidelines. The Agency further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, that if the applicant so participating is a State or Local Government, the above equal opportunity clause is not applicable to any agency, instrumentality, or subdivision of such government which does not participate in work on or under the contract. The Agency also agrees: (1) To assist and cooperate actively with the State in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and rules, regulations, and relevant orders of the Secretary of Labor. (2) To furnish the State such information as it may require for the supervision of such compliance and that it will otherwise assist the State in the discharge of its primary responsibility for securing compliance. (3) To refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, government contracts and federally assisted construction contracts pursuant to the Executive Order. (4) To carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the State, Federal Highway Administration, or the Secretary of Labor pursuant to Part II, subpart D of the Executive Order. In addition, the Agency agrees that if it fails or refuses to comply with these undertakings, the State may take any or all of the following actions: (a) Cancel, terminate, or suspend this agreement in whole or in part; (b) Refrain from extending any further assistance to the Agency under the program with respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been received from the Agency; and (c) Refer the case to the Department of Justice for appropriate legal proceedings. XIII. Liquidated Damages The Agency hereby agrees that the liquidated damages provisions of 23 CFR Part 635, Subpart 127, as supplemented, relative to the amount of Federal participation in the project cost, shall be applicable in the event the contractor fails to complete the contract within the contract time. Failure to include liquidated damages provision will not relieve the Agency from reduction of federal participation in accordance with this paragraph. XIV. Termination for Public Convenience The Secretary of the Washington State Department of Transportation may terminate the contract in whole, or from time to time in part, whenever: (1) The requisite federal funding becomes unavailable through failure of appropriation or otherwise. (2) The contractor is prevented from proceeding with the work as a direct result of an Executive Order of the President with respect to the prosecution of war or in the interest of national defense, or an Executive Order of the President or Governor of the State with respect to the preservation of energy resources. (3) The contractor is prevented from proceeding with the work by reason of a preliminary, special, or permanent restraining order of a court of competent jurisdiction where the issuance of such order is primarily caused by the acts or omissions of persons or agencies other than the contractor. (4) The Secretary determines that such termination is in the best interests of the State. DOT Form 140-039 EF Revised 05/09 XV. Venue for Claims and/or Causes of Action For the convenience of the parties to this contract, it is agreed that any claims and/or causes of action which the Local Agency has against the State of Washington, growing out of this contract or the project with which it is concerned, shall be brought only in the Superior Court for Thurston County. XVI. Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying The approving authority certifies, to the best of his or her knowledge and belief, that: (1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit the Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants, and contracts and subcontracts under grants, subgrants, loans, and cooperative agreements) which exceed $100,000, and that all such subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification as a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Additional Provisions 108 AObk � Washington State VI/ Department of Transportation Agency City of Federal Way Address 33325 8th Avenue South Federal Way, WA 98003 Local Agency Agreement CFDA No. 20.205 (Catalog of Federal Domestic Assistance) Project No. --- Agreement No. For OSC WSDOT Use Only The Local Agency having complied, or hereby agreeing to comply, with the terms and conditions set forth in (1) Title 23, U.S. Code Highways, (2) the regulations issued pursuant thereto, (3) Office of Management and Budget Circulars A-102, A-87 and A-133, (4) the policies and procedures promulgated by the Washington State Department of Transportation, and (5) the federal aid project agreement entered into between the State and Federal Government, relative to the above project, the Washington State Department of Transportation will authorize the Local Agency to proceed on the project by a separate notification. Federal funds which are to be obligated for the project may not exceed the amount shown herein on line r, column 3, without written authority by the State, subject to the approval of the Federal Highway Administration. All project costs not reimbursed by the Federal Government shall be the responsibility of the Local Agency. Project Description Name Mark Twain Elementary School - Safe Route to School Program Length 0.03 Termini Description of Work This Project will install the following:(1) Advanced 20 mph Solar School Zone Flasher, (1) Advanced School Zone Sign, (2) Solar Powered LED Rectangular -shaped Rapid Flashing Beacons (RRFB) at the school zone crossing on Star Lake Road, (2) Advanced School Crossing Signage, (2) Stop for Pedestrian signage and pavement markings (3) new crosswalk markings, (2) new stop lines, (6) ADA compliant ramps in the right of way, (2) Speed Radar Signs on Star Agency Official By Washington State Department of Transportation By Title Skin Priest,Ma;4nr Director of Highways and Local Programs Date Executed 109 DOT Form 140-039 EF 1 Revised 05/09 Estimate of Funding (1) (2) Estimated Total Estimated Agency Estimated Type of Wk yp or Project Funds Funds Federal Funds PE a. Arc ency _____ 100 % b. Other Consultant _ 102,000.00 102 000.00 c. Other — — Federal Aid d. State - Participation Ratio for PE — e. Total PE Cost Estimate a+b+c+d 102 000.00 102 000.00 Right of Way f. Agency a. Other-----.------ ther___-_.__-_Federal FederalAid i. State — - Participation -- --— - - Ratio for RW j. Total RNV Cost Estimate f+ +h+i Construction Contract-- - _k. ------- —— I. Other Other _m. n. Other -gency_ --- ---- -- -- — Federal Aid State - Participation -�—- -- - Ratio for CN q. Total CN Cost Estimate k+l+m+n+o+ r. Total Pro'ect Cost Estimate a+i+ 102,000.00,102 000.00 Agency Official By Washington State Department of Transportation By Title Skin Priest,Ma;4nr Director of Highways and Local Programs Date Executed 109 DOT Form 140-039 EF 1 Revised 05/09 Construction Method of Financing (Check Method Selected) State Ad and Award ❑ Method A - Advance Payment - Agency Share of total construction cost (based on contract award) ❑ Method B - Withhold from gas tax the Agencv's share of total construction cost (line 4, column 2) in the amount of at $ Local Force or Local Ad and Award ❑ Method C - Aeencv cost incurred with oartial reimbursement Provisions 1. Scope of Work per month for months. The Local Agency further stipulates that pursuant to said Title 23, regulations and policies and procedures, and as a condition to payment of the federal funds obligated, it accepts and will comply with the applicable provisions set forth below. Adopted by official action on The Agency shall provide all the work, labor, materials, and services necessary to perform the project which is described and set forth in detail in the "Project Description" and "Type of Work." When the State acts for and on behalf of the Agency, the State shall be deemed an agent of the Agency and shall perform the services described and indicated in "Type of Work" on the face of this agreement, in accordance with plans and specifications as proposed by the Agency and approved by the State and the Federal Highway Administration. When the State acts for the Agency but is not subject to the right of control by the Agency, the State shall have the right to perform the work subject to the ordinary procedures of the State and Federal Highway Administration. li. Delegation of Authority The State is willing to fulfill the responsibilities to the Federal Government by the administration of this project. The Agency agrees that the State shall have the full authority to carry out this administration. The State shall review, process, and approve documents required for federal aid reimbursement in accordance with federal requirements. If the State advertises and awards the contract, the State will further act for the Agency in all matters concerning the project as requested by the Agency. If the Local Agency advertises and awards the project, the State shall review the work to ensure conformity with the approved plans and specifications. III. Project Administration Certain types of work and services shall be provided by the State on this project as requested by the Agency and described in the Type of Work above. In addition, the State will furnish qualified personnel for the supervision and inspection of the work in progress. On Local Agency advertised and awarded projects, the supervision and inspection shall be limited to ensuring all work is in conformance with approved plans, specifications, and federal aid requirements. The salary of such engineer or other supervisor and all other salaries and costs incurred by State forces upon the project will be considered a cost thereof. All costs related to this project incurred by employees of the State in the customary manner on highway payrolls and vouchers shall be charged as costs of the project. tV. Availability of Records All project records in support of all costs incurred and actual expenditures kept by the Agency are to be maintained in accordance with local government accounting procedures prescribed by the Washington State Auditor's Office, the U.S. Department of Transportation, and the Washington State Department of Transportation. The records shall be open to inspection by the State and Federal Government at all reasonable times and shall be retained and made available for such inspection for a period of not less than three years from the final payment of any federal aid funds to the Agency. Copies of said records shall be furnished to the State and/or Federal Government upon request. V. Compliance with Provisions The Agency shall not incur any federal aid participation costs on any classification of work on this project until authorized in writing by the State for each classification. The classifications of work for projects are: 110 DOT Form 140-039 EF Revised 05/09 , Resolution/Ordinance No. 1. Preliminary engineering. 2. Right of way acquisition. 3. Project construction. In the event that right of way acquisition, or actual construction of the road, for which preliminary engineering is undertaken is not started by the closing of the tenth fiscal year following the fiscal year in which the agreement is executed, the Agency will repay to the State the sum or sums of federal funds paid to the Agency under the terms of this agreement (see Section IX). The Agency agrees that all stages of construction necessary to provide the initially planned complete facility within the limits of this project will conform to at least the minimum values set by approved statewide design standards applicable to this class of highways, even though such additional work is financed without federal aid participation. The Agency agrees that on federal aid highway construction projects, the current federal aid regulations which apply to liquidated damages relative to the basis of federal participation in the project cost shall be applicable in the event the contractor fails to complete the contract within the contract time. VI. Payment and Partial Reimbursement The total cost of the project, including all review and engineering costs and other expenses of the State, is to be paid by the Agency and by the Federal Government. Federal funding shall be in accordance with the Federal Transportation Act, as amended, and Office of Management and Budget circulars A-102, A-87 and A-133. The State shall not be ultimately responsible for any of the costs of the project. The Agency shall be ultimately responsible for all costs associated with the project which are not reimbursed by the Federal Government. Nothing in this agreement shall be construed as a promise by the State as to the amount or nature of federal participation in this project. The Agency shall bill the state for federal aid project costs incurred in conformity with applicable federal and state laws. The agency shall minimize the time elapsed between receipt of federal aid funds and subsequent payment of incurred costs. Expenditures by the Local Agency for maintenance, general administration, supervision, and other overhead shall not be eligible for federal participation unless a current indirect cost pian has been prepared in accordance with the regulations outlined in the federal Office of Management & Budget (OMB) circular A-87, and retained for audit. The State will pay for State incurred costs on the project. Following payment, the State shall bill the Federal Government for reimbursement of those costs eligible for federal participation to the extent that such costs are attributable and properly allocable to this project. The State shall bill the Agency for that portion of State costs which were not reimbursed by the Federal Government (see Section IX). 1. Project Construction Costs Project construction financing will be accomplished by one of the three methods as indicated in this agreement. Method A — The Agency will place with the State, within (20) days after the execution of the construction contract, an advance in the amount of the Agency's share of the total construction cost based on the contract award. The State will notify the Agency of the exact amount to be deposited with the State. The State will pay all costs incurred under the contract upon presentation of progress billings from the contractor. Following such payments, the State will submit a billing to the Federal Government for the federal aid participation share of the cost. When the project is substantially completed and final actual costs of the project can be determined, the State will present the Agency with a final billing showing the amount due the State or the amount due the Agency. This billing will be cleared by either a payment from the Agency to the State or by a refund from the State to the Agency. Method B — The Agency's share of the total construction cost as shown on the face of this agreement shall be withheld from its monthly fuel tax allotments. The face of this agreement establishes the months in which the withholding shall take place and the exact amount to be withheld each month. The extent of withholding will be confirmed by letter from the State at the time of contract award. Upon receipt of progress billings from the contractor, the State will submit such billings to the Federal Government for payment of its participating portion of such billings. Method C — The Agency may submit vouchers to the State in the format prescribed by the State, in duplicate, not more than once per month for those costs eligible for Federal participation to the extent that such costs are directly attributable and properly allocable to this project. Expenditures by the Local Agency for maintenance, general administration, supervision, and other overhead shall not be eligible for Federal participation unless claimed under a previously approved indirect cost plan. The State shall reimburse the Agency for the Federal share of eligible project costs up to the amount shown on the face of this agreement. At the time of audit, the Agency will provide documentation of all costs incurred on the project. The State shall bill the Agency for all costs incurred by the State relative to the project. The State shall also bill the Agency for the federal funds paid by the State to the Agency for project costs which are subsequently determined to be ineligible for federal participation (see Section IX). VII. Audit of Federal Consultant Contracts The Agency, if services of a consultant are required, shall be responsible for audit of the consultant's records to determine eligible federal aid costs on the project. The report of said audit shall be in the Agency's files and made available to the State and the Federal Government. An audit shall be conducted by the WSDOT Internal Audit Office in accordance with generally accepted governmental auditing standards as issued by the United States General Accounting Office by the Comptroller General of the United States; WSDOT Manual M 27-50, Consultant Authorization, Selection, and Agreement Administration; memoranda of understanding between WSDOT and FHWA; and Office of Management and Budget Circular A-133. If upon audit it is found that overpayment or participation of federal money in ineligible items of cost has occurred, the Agency shall reimburse the State for the amount of such overpayment or excess participation (see Section IX). Vlll. Single Audit Act The Agency, as a subrecipient of federal funds, shall adhere to the federal Office of Management and Budget (OMB) Circular A-133 as well as all applicable federal and state statutes and regulations. A subrecipient who expends $500,000 or more in federal awards from all sources during a given fiscal year shall have a single or program -specific audit performed for that year in accordance with the provisions of OMB Circular A-133. Upon conclusion of the A-133 audit, the Agency shall be responsible for ensuring that a copy of the report is transmitted promptly to the State. IX. Payment of Billing The Agency agrees that if payment or arrangement for payment of any of the State's billing relative to the project (e.g., State force work, project cancellation, overpayment, cost ineligible for federal, participation, etc.) is not made to the State within 45 days after the Agency has been billed, the State shall effect reimbursement of the total sum due from the regular monthly fuel tax allotments to the Agency from the Motor Vehicle Fund. No additional Federal project funding will be approved until full payment is received unless otherwise directed the Director of Highways and Local Programs. 111 DOT Form 140-039 EF 3 Revised 05109 X. Traffic Control, Signing, Marking, and Roadway Maintenance The Agency will not permit any changes to be made in the provisions for parking regulations and traffic control on this project without prior approval of the State and Federal Highway Administration. The Agency will not install or permit to be installed any signs, signals, or markings not in conformance with the standards approved by the Federal Highway Administration and MUTCD. The Agency will, at its own expense, maintain the improvement covered by this agreement. XI. Indemnity The Agency shall hold the Federal Government and the State harmless from and shall process and defend at its own expense all claims, demands, or suits, whether at law or equity brought against the Agency, State, or Federal Government, arising from the Agency's execution, performance, or failure to perform any of the provisions of this agreement, or of any other agreement or contract connected with this agreement, or arising by reason of the participation of the State or Federal Government in the project, PROVIDED, nothing herein shall require the Agency to reimburse the State or the Federal Government for damages arising out of bodily injury to persons or damage to property caused by or resulting from the sole negligence of the Federal Government or the State. XII. Nondiscrimination Provision No liability shall attach to the State or Federal Government except as expressly provided herein. The Agency shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any USDOT-assisted contract and/or agreement or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Agency shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of USDOT-assisted contracts and agreements. The WSDOT's DBE program, as required by 49 CFR Part 26 and as approved by USDOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the Agency of its failure to carry out its approved program, the Department may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). The Agency hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the rules and regulations of the Secretary of Labor in 41 CFR Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance, or guarantee or understanding pursuant to any federal program involving such grant, contract, loan, insurance, or guarantee, the required contract provisions for Federal -Aid Contracts (FHWA 1273), located in Chapter 44 of the Local Agency Guidelines. The Agency further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, that if the applicant so participating is a State or Local Government, the above equal opportunity clanse is not applicable to any agency, instrumentality, or subdivision of such government which does not participate in work on or under the contract. The Agency also agrees: (1) To assist and cooperate actively with the State in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and rules, regulations, and relevant orders of the Secretary of Labor. (2) To furnish the State such information as it may require for the supervision of such compliance and that it will otherwise assist the State in the discharge of its primary responsibility for securing compliance. (3) To refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, government contracts and federally assisted construction contracts pursuant to the Executive Order. (4) To carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the State, Federal Highway Administration, or the Secretary of Labor pursuant to Part 11, subpart D of the Executive Order. In addition, the Agency agrees that if it fails or refuses to comply with these undertakings, the State may take any or all of the following actions: (a) Cancel, terminate, or suspend this agreement in whole or in part; (b) Refrain from extending any further assistance to the Agency under the program with respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been received from the Agency; and (c) Refer the case to the Department of Justice for appropriate legal proceedings. XIII. Liquidated Damages The Agency hereby agrees that the liquidated damages provisions of 23 CFR Part 635, Subpart 127, as supplemented, relative to the amount of Federal participation in the project cost, shall be applicable in the event the contractor fails to complete the contract within the contract time. Failure to include liquidated damages provision will not relieve the Agency from reduction of federal participation in accordance with this paragraph. XIV. Termination for Public Convenience The Secretary of the Washington State Department of Transportation may terminate the contract in whole, or from time to time in part, whenever: (1) The requisite federal funding becomes unavailable through failure of appropriation or otherwise. (2) The contractor is prevented from proceeding with the work as a direct result of an Executive Order of the President with respect to the prosecution of war or in the interest of national defense, or an Executive Order of the President or Governor of the State with respect to the preservation of energy resources. (3) The contractor is prevented from proceeding with the work by reason of a preliminary, special, or permanent restraining order of a court of competent jurisdiction where the issuance of such order is primarily caused by the acts or omissions of persons or agencies other than the contractor. (4) The Secretary determines that such termination is in the best interests of the State. DOT Form 140-039 EF Revised 05/09 XV. Venue for Claims and/or Causes of Action For the convenience of the parties to this contract, it is agreed that any claims and/or causes of action which the Local Agency has against the State of Washington, growing out of this contract or the project with which it is concerned, shall be brought only in the Superior Court for Thurston County. XVI. Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying The approving authority certifies, to the best of his or her knowledge and belief, that: (1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit the Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants, and contracts and subcontracts under grants, subgrants, loans, and cooperative agreements) which exceed $100,000, and that all such subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification as a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Additional Provisions 112