Council PKT 06-21-2011 RegularCITY OF
� Federal Way
AGENDA
FEDERAL WAY CITY COUNCIL
REGULAR MEETING
Council Chambers - City Hail
June 21, 2011
7:00 pm
www. cityoffederalwa y. com
1. CALL MEETING TO ORDER
2. PLEDGE OF ALLEGIANCE
K�,:»-9���r_r�[�]`►E-�
a. Washington State Advisor Association Scholarship Recipient — Heidy Wells
b. Certificate of Appointment — Lodging Tax Advisory Committee
c. Mayor's Emerging Issues
4. CITIZEN COMMENT
PLEASE COMPLETE A PINK SLIP & PRESENT IT TO THE CITY CLERK PRIOR TO SPEAKING.
When recognized by the Mayor, come forward to the podium and state your name for the record.
PLEASE LIMIT YOUR COMMENTS TO THREE (3) MINUTES. The Mayor may interrupt comments
that exceed three minutes, re/ate negatively to other individuals, or are otherwise inappropriate.
5. CONSENT AGENDA
Items listed below have been previously reviewed in their entirety by a Council Committee of three members and
brought before full Council for approval; all items are enacted by one motion. Individual items may be removed by
a Councilmember for separate discussion and subsequent motion.
a. Minutes: June 7, 2011 Special and Regular Meeting ...py 3
b. Washington Traffic Safety Commission Grant 2010-2011 Amendment #1 ...py �o
c. Resolution: SCORE Investigate Agreement Between the Owner Cities Auburn, Burien,
Des Moines, Federal Way, Renton, SeaTac and Tukwila ...py 12
d. DOE Stormwater Retrofit and LID Competitive Grant — Authorization to Accept ...py 20
e. Resolution: Acceptance of Grant Funding for Transportation Improvement Projects —
Safe Routes to Schools ...py s�
6. PUBLIC HEARING
a. 2012-2017 Transportation Improvement Plan — Resolution ...pg ��o
b. Christian Faith Center Development Agreement Amendment ...pq �20
The Council may add items and take action on items not listed on the agenda.
7. COUNCIL BUSINESS
a. Ethics Board Appointment ...py �s4
8. ORDINANCES
First Reading
a. CB#573 Christian Faith Center Development Aqreement Amendment ...pg �35
An Ordinance of the City of Federal Way, Washington, relating to amending the Christian Faith
Center Concomifant and Development Agreement, amending Ordinance No. 04-461.
b. CB #574 Amendinq Federal Way Revised Code Chapter 12.50 Reqardinq
False Alarms ...pg �a3
An Ordinance of the Cify of Federal Way, Washington, relating to false alarms; amending
sections of Chapfer 12.50.
9. COUNCIL REPORTS
10. MAYOR'S REPORT
11. EXECUTIVE SESSION
• Collective Bargaining pursuant to RCW 42.30.140(4)(b)
• Potential Litigation pursuant to RCW 42.30.110(1)(i)
12. ADJOURNMENT
The Council may add items and take action on items not listed on the agenda.
COUNCIL MEETING DATE: June 21, 2011
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
ITEM #: Sa
SUS�ECT: CITY COUNCIL MEETING MINUTES
PoL1CY QuEST�oN: Should the City Council approve the draft minutes of the June 7, 2011 Special and
Regular Meetings?
COMMITTEE: N/A
CATEGORY:
� Consent
❑ City Council Business
❑ Ordinance
❑ Resolution
STAFF REPORT BY: Carol McNeilly, City Clerk
Attachments:
Draft meeting minutes from the June 7, 2011 Special and Regular Meetings.
Options Considered:
1. Approve the minutes as presented.
2. Amend the minutes as necessary.
MEETING DATE: N/f1
❑ Public Hearing
❑ Other
DEPT: Human Resources
STAFF RECOMMENDATION Staff recommends approving the minutes as presented.
CITY CLERK APPROVAL: N/A �.C� DIRECTOR APPROVAL N/A N/A
Conunittee Couvcil Conunittee Council
COMMITTEE RECOMMENDATION: N/fl
PROPOSED COUNCIL MOTION: "I MOVE APPROVAL OF THE MINUTES AS PRESENTED".
BE COMPLETED BY CITY CLERKS OF
COUNCIL ACTION:
❑ APPROVED
❑ DENIED
❑ TABLED/DEFERRED/NO ACTION
❑ MOVED TO SECOND READING (ordinances only)
REVISED — 02/06/2006
COUNCIL BILL #
1 reading
Enactment reading
ORDINANCE #
RESOLUTION #
CITY OF
� Federal Way
MINUTES
FEDERAL WAY CITY COUNCIL
SPECIAL MEETING
Council Chambers - City Hall
June 7, 2011
5:30 p.m.
www. cityoffederalway. com
1. CALL MEETING TO ORDER
Mayor Priest called the meeting to order at 5:30 pm.
Councilmembers present: Mayor Skip Priest, Deputy Mayor Dini Duclos, Councilmember
Jim Ferrell, Councilmember Mike Park, Councilmember Jeanne Burbidge, Councilmember
Jack Dovey and Councilmember Roger Freeman.
Mayor Priest excused Councilmember Kochmar.
Staff present: City Attorney Pat Richardson and City Clerk Carol McNeilly.
2. EXECUTIVE SESSION
The Council adjourned to executive session at 5:30 pm to discuss collective bargaining
pursuant to RCW 42.30.140(4)(b) and potential litigation pursuant to RCW 42.30.110(1)(i)
for approximately one hour.
The Council adjourned from executive session at 6:51 pm.
3. ADJOURNMENT
Mayor Priest adjourned the meeting at 6:51 pm.
Attest:
Carol McNeilly, CMC, City Clerk
Approved by Council:
City Council Minutes — June 7, 2011 Special Meeting Page 1 of 1
CITY OF
� Federaf Way
MINUTES
FEDERAL WAY CITY COUNCIL
REGULAR MEETING
Council Chambers - City Hall
June 7, 2011
7:00 p.m.
www. cityoffederalwa y. com
1. CALL MEETING TO ORDER
Mayor Priest called the meeting to order at 7:00 pm.
Councilmembers present: Mayor Skip Priest, Deputy Mayor Dini Duclos, Councilmember
Jim Ferrell, Councilmember Mike Park, Councilmember Jeanne Burbidge, Councilmember
Jack Dovey and Councilmember Roger Freeman.
Mayor Priest excused Councilmember Linda Kochmar.
Staff present: City Attorney Pat Richardson and City Clerk Carol McNeilly.
2. PLEDGE OF ALLEGIANCE
Councilmember Park led the pledge of allegiance.
3. PRESENTATIONS
a. Volunteer Recoqnition: Meqan Johnson
Mayor Priest state Megan Johnson is a Federal Way resident who won the prestigious
Jefferson Award and will be representing the state for the national award later this month
in Washington D.C. Ms. Johnson is the founder of three organizations: Megan's Mission
which distributes necessities for the homeless; From the Heartwhich distributes blankets
to babies affected by drugs and poverty; Kids Helping Kids which distributes DVD's to
children at Children's Hospital. In addition, she works as a Shriners Clown visiting
hospitalized children and also writes children's books to combat bullying and help children
deal with trips to the hospital. Ms. Johnson thanked the Council for honoring her and
spoke about volunteer work.
b. Proclamation: Relav for Life
Councilmember Burbidge stated that one of the American Cancer Society's fundraising
events is the Relay for Life. This year Federal Way residents can participate in the event at
Saghalie Middle School. The event will be held on June 24'" beginning at 6:00 pm and
ending on June 25 at noon. Councilmember Burbidge read the proclamation into the
record and called Relay for Life representatives Dick Mayer, Trinette Mayer and Theresa
Raleigh to the podium to accept the proclamation. The representatives thanked the Council
for recognizing the Relay for Life event and spoke about how cancer has touched their
lives.
City Council Minutes — June 7, 2011 Regular Meeting Page 1 oJ5
c. Student Art Contest Winners
Councilmember Burbidge stated the Student Art contest is an opportunity for students to
display their artwork in the Municipal Court. The theme for the art contest is Liberty and
Justice for All. Councilmember Burbidge introduced Arts Commission Chair Susan Honda
and members of the Arts Commission. Chair Honda showcased a recent art piece that is
located at Dumas Bay. The Arts Commission is hosting a contest to name the piece. The
top five entries will be forwarded to the artist to select the winning name.
Chair Honda reviewed the prizes for the Student Art Contest winners and called the
following winners to the podium; Brittney Rogers, Emily Odom, Jyoti Bodas, Rachel
Arnold, Katherine Madonna and Armone Hawkins-Rogers.
d. Certificate of Appointment: Human Service Commission_
Councilmember Burbidge presented Human Service Commissioner Jan Owen with a
certificate of appointment. The Council appointed Ms. Owen to the Commission as a voting
member at their May17, 2011 City Council meeting.
e. Kinq County Solid Waste: Svstem Overview, Rates and Interlocal Aqreement Update
Deputy Mayor Duclos stated for the past two years she has served on the Metropolitan
Solid Waste Committee, which focuses on how the region manages its solid waste.
Deputy Mayor Duclos introduced Kevin Kiernan, Director of King County Solid Waste
Division to present some information to the Council on this issue. Mr. Kiernan stated the
Cedar Hills Regional Landfill serves all of the cities in King County with the exception of
Seattle. He reviewed the numerous steps that are underway to extend the life of the
landfill. Later this year there will be a comprehensive plan coming to cities for approval. He
noted solid waste rates have increased at a rate less than the rate of inflation. King
County had interlocal agreements with 37 cities; these agreements will expire in 2028.
Deputy Mayor Duclos inquired about the 2012 rate increase. Mr. Kiernan stated rates
would increase from $95 perton to $108 perton, with and estimated to impactto residents
by 76 cents per garbage can, per household.
f. Mavor's Emerqinq Issues:
• Lonq-Ranqe Financial Plan Update:
Mayor Priest stated planning for the 2013-2014 budget began in November 2010.
Budget savings in 2011/2012 have been $885K in management changes and $78K in
frugal innovations. Original projections for the 2013/2014 budget showed an
operating gap of $1.7M in 2013 and $3.2M in 2014, now the projections is $628K in
2013 and $446K in 2013. Assumptions for 2013-2014 revenue include a 1% property
tax increase consistent with past Council practice. A projected 2% increased sales tax,
continue redirection for $600K per year in utility tax funding from overlay to general
fund. Finance Director Tho Kraus reviewed the net biennium revenue increases which
total $1.27M, and the net biennium expenditure decrease which total $735K. Ms.
Kraus reviewed changes to the Utility Tax Fund, Traffic Safety Fund and Debt
Service/REET Fund. In addition she summarized the 2012 Reserve Account
estimates. Councilmember Park asked Public Works/Parks/Emergency Manager
Director Cary Roe about impacts to City's street paving score. Mr. Roe stated over 5-7
years there may be a decrease in the score due to the freeze/thaw cycle and cost of
pavement.
City Council Minutes — June 7, 2011 Regular Meeting Page 2 of 5
• RFQ Resqonses on AMC Theatre Site
Community and Economic Development Director Patrick Doherty stated the City
received three responses to the RFQ on the AMC Theatre site. One response was
from Twin Development which was a twin tower proposal. The second response was
an exhibition center style concept with some residential development. The third
proposal was mid-rise development with senior housing.
• Underage Dance Clubs in Liquor Establishments
Police Chief Brian Wilson stated in 1997 the Council passed a resolution that opposes
all age activity/dance clubs where liquor is served. He stated a local business may be
applying with the WA State Liquor Board for some all age activities at their location.
• Representative Katrina Asay
Representative Asay stated the legislature accomplished a lot of things this session.
She is pleased with the outcome of the precious metal bill and funding for Federal
Way's Triangle Project. Representative Asay reviewed the City Fiscal Relief Bill and
the Real Estate Excise Tax (REET) Bill. She thanked Councilmember Ferrell and
Chief Wilson for their help with the precious metal bill.
4. CITIZEN COMMENT
Bettv Tavlor would like the Council to increase the public comment period from three to five
minutes. She also stated the Waterbury apartment complex is experiencing issues with rats.
Michael Kun spoke on behalf of the English Garden Homeowner Association. He would like
to have streetlights installed in his neighborhood and asked the Council to consider funding
the project.
Roqer Flyqare encouraged the Council to replace the microphone at the podium, as it does
not amplify well. He complimented the Council on their recognition of volunteers, asked City
staff to follow up on the internet issue at his business complex, and suggested the Council
build an economic engine on the AMC Theatre site.
Mizu Suqimura served on the first Diversity Commission as well as the City's Arts
Commission. Ms. Sugimura spoke in support of Councilmember Park's time on the City
Council.
Norma Blanchard spoke in support of the Council adopting term limits. She feels she received
incorrect information from City staff regarding the initiative and referendum process.
Clara McArthur spoke regarding an upcoming public hearing regarding the Christian Faith
Center development agreement amendment. She opposes a new traffic light in the area.
Nancy Combs supports changing the public comment period for three to five minutes. She
does not like stop signs painted on the ground. Ms. Combs also asked the Council to look into
a program that assists seniors with landscaping and home maintenance.
Donald Barovic stated the King County Solid Waste presentation was informational and he
does not oppose the proposed rate increase. He fears that a lit cigarette tossed out of a car
window may cause a fire in dry grass, and therefore encouraged Police to issue tickets to
those violators.
City Council Minutes — June 7, 2011 Regular Meeting Page 3 of S
5. CONSENT AGENDA
Items listed be/ow have been previously reviewed in their entirety by a Council Committee of three members and
brought before full Council for approval; all items are enacted by one motion. Individual items may be removed by
a Councilmember for separate discussion and subsequent motion.
a. Minutes: May 17, Regular Meeting and May 24, 2011 Special Meeting - Approved
b. Vouchers Approved
c. Monthly Financial Report Approved
d. RESOLUTION: Setting the Public Hearing Date for 2012-2017 Transportation
Improvement Plan Approved
e. RESOLUTION: Setting the Public Hearing Date for the street Vacation of a Portion of SW
340 Street Approved
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g. Spring 2011 Tourism Enhancement Grants Approved
MOTION: Deputy Mayor Duclos moved approval of items 5a through 5g.
Councilmember povey second.
Councilmember Park pulled item 5f.
VOTE: Items 5a, 5b, 5c, 5d, 5e and 5g were approved 6-0.
5f. Fundinq for Sand Sculpture Event
Economic and Community Development Director Patrick Doherty provided background
information on this item. Last year the City funded the World Championship of Sand
Sculpture event with $23K in Lodging Tax Funds as well as $58K from the General Fund.
This year's event will be a"Tour of Champions" as the World Championship was not
offered to Federal Way's local group. The event will run from August 18 through
September 5, 2011. At the May 18, 2011 Lodging Tax Advisory Committee, members of
the organizing group requested an additional $25K in lodging tax revenue in addition to
the $23K that the City Council approved for this event. Mr. Doherty reiterated that funding
from lodging tax revenues can only be allocated for tourism activities. John Hatcher
stated they are now 42% confirmed on sponsorship funds. He also summarized their plans
for increasing attendance for the 2011 event.
MOTION: Deputy Mayor Duclos moved approval to fund the event. Councilmember
Dovey second. VOTE: Motion carried 5-1 Councilmember Park dissenting.
6. COUNCIL BUSINESS
a. Commission Appointment: Lodqinq Tax Advisorv Committee
MOTION: Councilmember povey moved to appoint Daniel Yim to position five on the
Lodging Tax Advisory Committee with a expiring term of October 31, 2011.
Councilmember Park second. VOTE: Motion carried 6-0.
City Council Minutes — June 7, 2011 Regular Meeting Page 4 of 5
7. COUNCIL REPORTS
Councilmember Ferrell announced this Saturday would be the Flag Day Celebration at the
King County Aquatics Center.
Deputy Mayor Duclos reported on an upcoming Regional Policy Committee meeting on June
8, 2011.
Councilmember Park announced that he would not be running for re-election after his term is
up this year. He reported on the upcoming King County Flood Control and FEDRAC meetings.
Councilmember Burbidge thanked Councilmember Park for his years of service on the City
Council. She reported the next PRHSPS Committee meeting would be June 14, and reported
on an upcoming pedestrian, bicycle plan meeting as well as local performing arts events.
MOTION; Deputy Mayor Duclos moved to suspend the Council Rules to conduct the
meeting past 10:00 pm. Councilmember povey second. VOTE: Motion carried 6-0.
Councilmember povey encouraged citizens to participate in the upcoming Relay for Life event.
Councilmember Freeman spoke in support of the Sound Transit project as well as the Relay
for Life event.
MAYOR'S REPORT
Mayor Priest thanked Councilmembers Kochmar and Burbidge for attending the Sound
Transit Board meeting with him last week. He reported the Korean Consul General plans to
visit Federal Way on June 21, 2011.
8. EXECUTIVE SESSION
The Council did not adjourn to executive session.
. . . . � . � .
� _ � � � � � Tfl\
9. ADJOURNMENT
With no additional business before the Council, Mayor Priest adjourned the meeting at 10:03
pm.
Attest:
Carol McNeilly, CMC, City Clerk
Approved by Council:
City Council Minutes — June 7, 2011 Regular Meeting Page 5 of 5
COUNCIL MEETING DATE: June 21, 2011
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
ITEM #: �
COMMITTEE RECOMMENDATION I move approval of Option 1 and forwarding the WTSC Grant Amendment
#1 to full Council for approval.
SUB.TECT: Washington Traffic Safety Commission (WTSC) Grant 2010/2011 Amendment #1
POLICY QUESTION Should the City of Federal Way / Police Department accept an Amendment (Amendment
#1) to an existingMemorandum of Understanding (MOU) with WTSCfor additional funds up to $7,400 in
overtime monies for the Police Department to conduct emphasis patrols for impaired driving, speeding and seat
belt enforcement from October, 2010 to December, 2011 ?.
COMMITTEE Parks, Recreation, Human Services and Public Safety
Council Committee - (PRHS&P.S)
CATEGORY:
� Consent
❑ Ordinance
❑ City Council Business ❑ Resolution
STAFF REPORT BY: JAMES NELSON, LIEUTENANT
Attachments:
1. PRHS&PS Memo
2. Amendment #1 to WTSC Target Zero MOU
Options Considered:
1. Accept the grant
2. Rej ect the grant
STAFF RECOMMENDATION: Staff recommends Option 1.
CITY MANAGER APPROVAL: r� ��1��
Committee
MEETING DATE June 14 , 2011
❑ Public Hearing
❑ Other
DEPT: Police Department
DIRECTOR APPROVAL: �� ����� S1 �w�1i� ���� 5 �������
Committee Council
(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 #
PROPOSED COUNCIL MOTION I move approval of the WTSC Grant 2010/20ll Amendment #1
CITY OF FEDERAL WAY
CITY COUNCIL COMMITTEE STAFF REPORT
DATE: June 14, 2011
TO: Parks, Recreation, Human Services and Public Safety Council Committee
VIA: Brian J. Wilson, Police Chief fi�.-,��'"'��+���'`I
//
FROM: Andy J. Hwang, Assistant Ch�ef of Police
SUBJECT: Acceptance of Amendment #1 to WTSC Grant Money to conduct overtime traffic
emphasis patrols.
Background
The Washington Traffic Safety Commission (WTSC) sent the City Of Federal Way a Memorandum
of Understanding (MOU) to accept grant funded overtime monies. The funding would be for the
Police Department to conduct overtime emphasis patrols for traffic safety from October of 2010 to
December of 2011. There are three areas of emphasis funding for a total of $9000. Impaired driving
$5,000, Speeding $2,800 and Seat Belt enforcement $1,200.
This Amendment increases by $7,400 the amount available to the Federal Way Police
Department for Target Zero Teams DUI enforcement.
Proposal
That the City Of Federal Way accepts Amendment #1, accepting additional grant funded
overtime monies from the WTSC.
Fundin� Source
Washington Traffic Safety Commission grant funding.
COUNCIL MEETING DATE: June 21, 2011
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
ITEM #:���
SUBJECT: SCORE INVESTIGATIVE AGREEMENT BETWEEN THE OWNER CITIES AUBURN, BURIEN, DES
MOINES, FEDERAL WAY, RENTON, SEATAC AND TUKWILA
POLICY QUESTION: SHOULD THE CIT`Y OF FEDERAL WAY ENTER INTO A SCORE INVESTIGATNE AGREEMENT
TO PROVIDE ASSISTANCE WITH INVESTIGATIONS OCCURRING WITHIN THE FACILITY THAT REQUIRE THE NEED
FOR OUTSIDE INVESTIGATIVE ASSISTANCE? AND APPROVE THE CORRESPONDING RESOLUTION?
COMMITTEE: PR&PS COMMITTEE
CATEGORY:
� Consent
❑ Ordinance
❑ C ity C Business � Resolution
STAFF REPORT BY: DEPUTY CHIEF ANDY HWANG
Options Considered:
MEETING DATE: June 14, 2011
❑ Public Hearing
❑ Other
DEPT: Police Department
1. Approve the proposed Resolution and the Investigative Assistance Agreement
2. Do not approve the proposed Resolution and Investigative Assistance Agreement
MAYOR'S RECOMMENDATION The Mayor recommends approval of the proposed resolution and Agreement
CITY MANAGER APPROVAL: ,,��
Comnuttee
DIRECTOR APPROVAL:�`.a'�.✓)L'�'���� - S�'��%// �''-h%��Y'�"'
Committee Council 5 �/ r �/`�J��
COMMITTEE RECOMMENDATION: I MOVE TO FORWARD THE PROPOSED RESOLUTION AND THE INVESTIGATIVE
ASSISTANCE AGREEMENT TO FULL COUNCIL AT THE .TUNE 21, 2O 1 1 MEETING.
" �
Committee Chair
Member
PROPOSED COUNCIL MOTION `7 move approval of the Resolution and Investigative Agreement between the
owner cities of SCORE regional jail facility, and authorize Chief Brian Wilson to sign the Investigative
Agreement, and authorize Mayor Priest to sign said Resolution. "
(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 (ortlinances only) ORDINANCE #
REVISBD — 02/06/2006 RESOLUTION #
CITY OF FEDERAL WAY
CITY COUNCIL COMMITTEE STAFF REPORT
DATE: June 14, 2011
TO: Parks, Recreation, Human Services and Public Safety Council Committee
VIA: Skip Priest, Mayor
FROM: Brian J. Wilson, Chief of Police
SUBJECT: SCORE Investigative Agreement
The Federal Way City Council entered into an agreement with several other regionally located
cities, to develop, construct and operate a jail facility in Des Moines to meet Federal Way's
future j ail space needs.
The cities of Auburn, Burien, Des Moines, Federal Way, Renton, SeaTac, and Tukwila formed a
governmental administrative agency know as the South Correctional Entity ("SCORE"), which is
modeled after the successful interlocal Valley Communication facility agreement. The facility is
almost complete and it is anticipated that misdemeanar offenders will be accepted and housed
beginning August 22, 201 l.
The City of Des Moines has a small Police Department and is concerned that it may not have
adequate resources to investigate all serious criminal incidents that may occur at the jail facility,
i.e. homicides, felony assaults, suspicious suicides, etc. To ensure that other resources are
available, the City of Des Moines is requiring that an "Investigative Agreement", outlining the
process for investigating criminal incidents, be in place before a Certificate of Occupancy for
SCORE is issued.
The Police Chiefs of the owner agencies have discussed this issue and recognize that serious
criminal incidents at the SCORE facility will be rare, and that the owner agencies, on a rotating
basis, have the necessary resources to assist Des Moines Police Department with high profile
incidents. This Investigative Agreement is the same as the Mutual Aid Agreement in which all
involved cities provide assistance when requested by other jurisdictions.
The Police Chief is comfortable continuing the mutual aid process for SCORE Investigative
Agreement, and recommends that the City Council authorize the Chief to execute the Agreement.
A Resolution of the City Council regarding the Investigative Agreement for the SCORE Jail
facility is also required so that Council agrees and approves that the best interest of the citizens is
to house Federal Way misdemeanants in SCORE.
Investigative Assistance Agreement
This Agreement is between the State of Washington cities of Aubum, Burien, Des Moines, Federal Way,
Renton, SeaTac and Tukwila (collectively "Cities" and each "City"), which created a govemmental
administrative agency pursuant to RCW 39.34.030(3) known as the South Correctional Entity,
(" SCORE"), effective on August 22, 2011.
RECITAL
WHEREAS, the Cities have worked closely in the past in all aspects of policing services and wish to
continue such relationships with regard to the new detention facility built by SCORE and the investigation
of any criminal or significant activity that occurs at this facility and pursuant to the authority of the
Washington Mutual Aid Peace Officers Powers Act, Chapter 10.93 RCW ("Act") and
WHEREAS, RCW § 10.93.130. Conlracting authority of la�� enrorcement agencies, provid�s:
"IJnder the interlacal cooperation act, chapter 39.34 RCW, any law enforcement agency referred to
by this ehapter may contract with any other such agency and may also contract with any law
enforcement agency of another state, or such state's political subdivision, to provide mutival law
enforcement assistance."
TERMS AND CONDITIONS
NOW THEREFORE, in consideration of the above recitals which are incorporated by reference herein
and other good and sufficient consideration, the Cities agree as follows:
The SCORE Executive Director ar designees and the Cities' Chiefs of Police will
cooperate and exercise their professional judgment in requesting and responding to
SCORE requests for investigative assistance.
SCORE will utilize Valley Communications to initiate any required first responder calls
for service for those emergency calls that require a police or fire response.
Beyond emergency response, at the discretion of the Executive Director, SCORE will
initiate requests to the Cities for investigative assistance with any investigations requiring
the need for outside investigative assistance. The SCORE Executive Director and the
Cities' Chiefs of Police will use best efforts to disburse the burden of such requests
among the Cities on an equitable basis and the Chiefs of Police will use their best efforts
to affirmatively respond to such requests for assistance. In the event that a City police
department cannot respond to a mutual aid investigation request, the SCORE Executive
Director will seek the aid of one of the Cities or another outside law enfarcement agency
for an investigation.
At the sole discretion of the Executive Director, in circumstances where an independent
law enforcement investigation (i.e. without the participation of a City) is needed, the
SCORE Executive Director, or designee, will acquire the assistance of another outside
law enforcement agency. SCORE will be responsible for initiating contact with the Chief
of Police for the City of Des Moines, or designee, who is to be notified of the need for
law enforcement investigative assistance before another law enforcement agency is
requested. SCORE will also notify the Washington Cities Insurance Authority, as the
SE-51706 vl
circumstances warrant
At the discretion of the SCORE Executive Director, no requests will be made to the
Cities' police departments to become involved in matters that are more commonly
handled through other investigative means, such as labor employment issues or matters
that are to be investigated and handled within SCORE's internal administrative
procedures.
Liability for investigative assistance will be subject to the provisions of the Act.
A request for investigative assistance should contain the following elements:
• Communication between SCORE and the Cities
• Definition of the event that has occurred
• Staffing requirements expected for the investigation
• Status as to either lead agency, secondary agency, or to act as an independent
reviewer
• Estimated duration of the investigation
• Estimation of any after-action events or functions that may occur
Comprehensive written report of the event
This Agreement may be executed in counterparts and to be effective on the date above specified.
Penny Bartley, Director
South Correctional Entity
Scott Kimerer, Chief of Police
Burien Police Department
Bob Lee, Chief of Police
Auburn Police Department
John O'Leary, Interim Chief of Police
Des Moines Police Department
-2-
Brian Wilson, Chief of Police
Federal Way Police Department
James Graddon, Chief of Police
SeaTac Police Department
K:\agreeements\police\2011\SCORE investigative agr final
Kevin Milsovich, Chief of Police
Renton Police Departrnent
Dave Haynes, Chief of Police
Tukwila Police Department
-3-
RESOLUTION NO.
A RESOLUTION of the City Council of the City of Federal Way,
Washington, Regarding the Investigative Agreement for SCORE Jail
Facility.
WHEREAS, King County informed the cities that it would not provide jail services for
misdemeanants after 2012; and
WHEREAS, in response to King County and jail services costs the city councils for the South
King County cities of Auburn, Burien, Des Moines, Federal Way, Renton, SeaTac, and Tukwila
approved an interlocal agreement in February 2009 forming the South Correctional Entity
("SCORE"); and
WHEREAS, the location of SCORE is in Des Moines, Washington; and
WHEREAS, construction of SCORE is almost complete and it is anticipated that Federal
Way misdemeanants will be accepted and housed beginning August 22, 2011; and
WHEREAS, Des Moines will not issue the Certificate of Occupancy for SCORE until all of
the cities have entered into an Investigative Agreement outlining the process for investigating
criminal incidents that occur within the facility; and
WHEREAS, the police chiefs from all the cities provide mutual aid when requested and are
comfortable continuing the mutual aid process for the SCORE Investigative Agreement
("Agreement"); and
WHEREAS, the City's police chief recommends that the City Council authorize him to
execute the Agreement; and
Resolution No. 11- Page 1 of 3
Rev 1/10
WHEREAS, the City Council of Federal Way finds that it is in the best interest of the citizens
to house Federal Way misdemeanants in SCORE.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
RESOLVES AS FOLLOWS:
Section 1. The Police Chief shall execute the proposed Agreement for the investigation of
criminal incidents occurring within the facility in the usual manner of mutual aid in order for Des
Moines to timely issue the Certificate of Occupancy to begin accepting Federal Way misdemeanants
by August 22, 2011.
Section 2. Severabilitv. If any section, sentence, clause or phrase of this resolution should be
held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence,
clause or phrase of this resolution.
Section 3. 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 4. Ratification. Any act consistent with the authority and prior to the effective date
of this resolution is hereby ratified and affirmed.
Section 5 . Effective Date This resolution shall be effective immediately upon passage by
the Federal Way City Council.
Resolution No. 11- Page 2 of 3
Rev 1/10
RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON this day of , 2011.
CITY OF FEDERAL WAY
MAYOR, SKII' 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.:
K:�reso\20ll\SCORE investigative agreement
Resolution No. 11- Page 3 of 3
Rev 1/10
COUNCIL MEETING DATE: June 2i, 2011
CITY OF FEDERAL WAY
CITY COUNCIL
ITEM #:
AGENDA BILL
SUB.IECT: Authorization to accept the Washington State Department of Ecology (DOE) Stormwater Retrofit and
L[D Grant and adopt the S 356`� Street RDF Retrofit Project into the SWM C[P
POLICY QUESTION Should the CounciL•
■ Add the S. 356` Street RDF Retrofit Project to the SWM ClP as described in the FY 201( DOE Stormwater
Retrofit and Low-[mpact 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 20l 1, 2012 and
2013?
■ Accept the subject DOE Grant and authorize the Mayor to sign the Grant Agreement upon its finalization?
COMI�I[TTEE Land Use and Transportation Commitkee
CATEGORY:
� Consent
❑ City Council Business
❑ Ordinance
❑ Resolution
IVIEFTIVC D�TE: June li, 201 1
❑ Public Hearing
❑ Other
STAEF REPORT BY: William Appleton P. E., Surface Water Manage���EPT: Public Works
_ ......... _ _ _ __ _ _ __ _ _ ..
Attachments: Land Use and Transportation Committee memorandum dated March 7, 201 l.
Options Considered:
l. Add the S 356`" Street RDF Retrofit Project to the SWM CIP as described in the EY 201( 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 356` 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.
% ! r? Y' + ,,� 7
MAYOR APPROVAL: ��� 6� `� `'r �� DIRECTOR APPROVAL: �'��'r ( �����
Committee Council Commi[tee Council
COMMITTEE RECOMMENDATION Forward Option 1 to t� e 21, 2011 City Council consent agenda for
approval. �l
.-,
� l�Til�----�"
Linda Ko mar, Chair
Member
Member
PROPOSED COUNCIL MOTION "I mov to dd the S 3S6`" Street RDF Retrofit Project to the SWM CIP as
described in the FY 2011 DOE Storm t Retrofit and Low-Impact Development (LID) Competitive Grants
Application and to fund the project as utlined 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 ARreement upon its "
(BELOW TO BE COMPLETED BY CLTY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DEIYIED I reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED —08/12/2010 RESOLUT[ON #
CITY OF FEDERAL WAY
MEMORANDUM
DATE: lune 13, 2010
TO: Land Use and Transportation Committee
V[A: 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 Eco(ogy (DOE) Stormwater Retrofit
� and LID Competitive Grant and Project Adoption into the SWM C[P
BACKGROUND
• On June 17` 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 L[D 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 356`�' 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 26` 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 356` Street Regional Detention Facility and are
believed to be negatively impacting the health of the North Eork 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 aiternatives were initially investigated: Source Control; Targeted Water Quality Retrofits and
Retrofit of �the S 356 Street Region Detention Facility. Retrofitting the S 356` 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
• Abiiity 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 356`�' Street Regional Detention Facitity (RDFj 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 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 contro(
• Bioretention
• Spill containment
• Native plantings
PROJECT BENEF[TS
• 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 facilit}' more into line with current flow contro( 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 sumrnertime 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 356�'
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 inetals (iron, lead zinc, copper), and the reduction of biochemical oxygen
demand (BOD).
• Expansion of the S 356` 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 transfened
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.
PROJECT BUDGET
Project Revenues 2011 2012 2013 Total
Re-appropriated from S WM Unallocated $100,000 $50,000 $1,300,000 $ i,450,000
Grants $1,000,000 $1,000,000
Total Revenues $2,450,000
Project Expenditures
Consutting Services $100,000* $�0,000* $1�0,000
Land Acquisition (Vacated ROW) $800,000 $800,000
Estimated Construction Cost �I,�00,000 $1,500,000
Total Expenditures $2,450,000
*S WM staff will be performing the majority� of design and project'constructioa manag�me��t
PROJECT SCHEDULE SUi�1MARY
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 20 l3
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'�' 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 201 l, 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.
t�t �t'aG�v�� .�
i7EP�RT':11E�T o�=
E�C� L{� �Y
state of bvas3�ington
Fiscal Year 2011 Stormwater Retrofit
and LID Grant Application
This FY 2011 Stormwater Retrofit and LID Grant
Application Form is available at:
http:/fwww.ecy.wa.gov/programs/wq/funding/funding.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
ca11877
ECY 070-374 (06/10)
APPLICATION INSTRUCTIONS
The Application
The FY 201 1 Stormwater Retrofit and LID Grant Application is to be used by eligible cities, towns, counties
and ports cocered by� the Natiorlal Pollutant and Dischar�e Elimination (NPDES) Phase I and II Municipal
Stormwater permits for the FY201 I competitive stor�nwater �rant program. Please complete all reauired
sections of the application. Incomplete applications will not be considered for funding.
Part 1 of Che 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 FY201 1 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 tind Ecology staff contact information on the following page.
A list of �iseful web (inks is also provided on the followinb 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 I�formation
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. Fa�ced applications will not be
accepted.
U.S. Postal Mailin� Address:
Department of Ecology
Water Quality Program
Financial Management Section
P.O. Box 47600
Olympia, WA 98504
Overni�ht Mail or Hand Deliverv Address:
Department of Ecology
Water Quality Program
Financial Management Section
300 Desmond Drive
Lacey, WA 98503
ECY 070-374 (06/10j
Ecology Regional Office Contacts: Central Regionai Office (CRO), 509-575-2490
(Perm�t issues, �;eneral eligibility, Tem� Wittmeier, �09-574-3991, e-mail twit461 �a ec�-.wa.ffov
applicatiun, etc.) Eastern Regionat Office (ERO), �09-329-�400
Da�icl Uuncan, �09-�?9-i>jd. e-mail ddun�t6l�,u�ecy�.w�a.�ov
iYorthwest Regional Oftice (NWRO), 42�-649-7000
Anne Dettelbach, 425-649-7093, e-mail adet461(aecy.wa.�ov
Rachel vicCrea, -1?�-6�19-7??3, e-mail rmcc46l���ecy.wa.�ov
Bellingham Field Office (BFO), 360-715-�200
Christina Maginnis, 360-7 l �-�213, e-mail cma��46 ((cr�ecv.wa.�ov
Southwest Regional Office (SWRO), 360-407-6300
Vinc� NicGowan, 360-�107-7320, e-mail vmcU�6l�a?ec �.wa.Qov
Financial Assistance - General: Patricia Brommer, 360-407-6216 e-mail patb461 �a�,ecy.wa._�
(Lacey Headquarters) Jeff Nejedly, 360-407-6566, e-mail jnei46 i�ecv.wa.�ov
Steve Carley, 360-407-6�72, e-mail stca461 c ecv.wa.�ov
Permit Questions: Harriet Beale, 360-407-6457, email hbea461(�i ecv.wa.�_ov
(Lacey Headquarters) Bill Moore, 360-407- 6444, e-mail bmoo461 na.ecv.wa.�ov
Application Copies: Mindy Ballinger, 360-407-6�02, e-mail mbal46l,�ecy.wa.�ov
HELPFUL WEBLINKS
This section provides information about resources that may help you prepare a successful application.
Ecology cannotguarantee Web site accuracy or continued maintenance.
Ecology does nol endorse non-Ecology Web sites.
Ecology's Water Quality Program:
http://w�ww.ecy. wa. gov/programs/wq/wqhome. htinl
Ecology's Water Quality Program Funding Information:
http:/1www.ec�_gov/programs/wq/funding/fundin�. html
Conversion from degrees, minutes, and seconds to decimal degrees:
http://wwvv.directionsmag.com/latlon� as�
Low Impact Development Technical Guidance Manual for Puget Sound:
http://www.psparchives.com/publications/our work/stormwater/lid/LID manua12005.pdf
Stormwater Management Manuals:
http ://www. ecv. wa. �v_/pro �ramsJwq/sto rmwater/tec h. html
ECY 070-374 (06/10)
U=PART4.ENT Ot
ECt�LOGY
�_�. 'J`: ..-..: . ...
Part 1
FY 2011 Stormwater Retrofit and LID Grant Application
For Ecofogy Use Only. � �
Application No.
Pla�e the cursor in the gray box at questron 9, fill in the answer, and then use the F1 � function
key to navigate through the remaining questions in the applieation.
l. PROJEC TITLE: (Please keep the project title to�ve words or less.j
S 356` Street Regional Detention Facility Retrofit
2. APPLICANT NAME: (Public body or private not for per IRS �01 (C} (3))
City of Federal Way
3. APPLICANT DATA:
Federal ID No.: 91-1462550 UB[ No: 601-223-538 Vendor No.: N/A
OMWBE Certification No.: N!A ONtWBE Type: N/A
4. APPLICANT SIGNATQRY: {The person whose name is listed here must sign Part 1-Box 14 of this applicationJ
Name: William Appleton
Title: Surface Water Te(ephone Number:253-835-2750 E-Mail Address:
Division Manager Eax Number: 253-835-2709 William.appleton@cityoffederalwa
y.com
Mailing Address
Agency: City of Federal Way
Address: P.O. Box 9718
City: Federal Way State: WA Zip Code: 98063-9718
Name: Fei Tang
Title: SWM Project 1
Engineer i
Maiiing Address
Agency: City of Federal Way
Address: P.O. Box 9718
City: Federal Way State: WA
Telephone Number: 253-835-275 I
Fax Number: 253-835-2709
Zip Code: 98063-9718
E-Mail Address:
Fei_tang@cityoffederalway.com
ECY 070-374 (06/10) Page 5
Part 1
FY 2011 Stormwater Retrofit and LID Grant Application
6. PROJECT INFORMATION:
What is the population in the PROJECT area? �30,000 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 prir�ary location of Che PROJECT along with showing its relationship to affected water bodies.
Also include the location of other projects funded bv Fcolo�n� that are adiacent 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 stocics listed as threatened � Yes ❑ No
or endangered in accordance with the Endangered Species Act?
http://www�.nwr.i�oaa.QoviESA-Salmon-Listin�s,- lndeh_cfzn
Is the PROJECT statewide? ❑ Yes � No
If NO, list below all of tlie county(ies), Water Resource Inventory Area designation(s) (WRIA), Legislative district(s), and
Congressional district(s) where at least five percent of the PROJE,CT wi1L be accomplished.
Please Note: You must select a primary location and then provide additio�a( location information as applicable. All separate
designations (County, Le�istative District, Congressional District, and WRIA) must equal 100 percent (list from greatest to least
percentage, and ptease break an ty ies bv at ieast one percentaae 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: WR[A(s) for the PROJECT: HUC Code for the PROJECT:
http://www.ec�.wa.�ov/apps/watershe http://water.usgs.�ov/nawqa/sparrow/wr
ds/wriapa�es/index.html r97/geograp/geoSrap.html
Name
Primary King Cou
Total
Percent � Water Resource inventory Area ' Percent
100 Primarv WRIA 10 100
100
Total
100
Legislative District(s) for the
PROJECT:
http://apps.leg.wa.gov/DistrictFinder/
Congressional District(s) for the
PROJECT:
htta://apas.leg.wa.gov/DistrictFinder/
Primary 9th
100
Name Perc
Primary 30 100
Prima
Total
Stream Reach Code
(14-digit number depicting the water
body for the PROJECT):
.... "�__"...�"_,.�� _.. _
Primary 17110019 100
alogic Unit Gode � ; Pereent -
17110019 100
100
Total 100 � � Total , 100 � � Total � 100
Provide Latitude/Longitude coordinates in Decimal Degrees (e.g., 453530/-120.4510) of your PROJECT locarion 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 iand application site. Latitude/Longitude coordinates can be located at: http://itouchrnap.com/latlon .g html
Location
PROJECT Location
Primary Site � Secondary 5ite
47.283614 / - 122319686
Tertiary Site
ECY 070-374 (06/10) Page 6
Part 1
FY 2011 Stormwater Retrofit and LID Grant Application
Water Body Name: Hvlebos 47.283499 /-122.319051
Creek
7. PROJECT DURATION:
Estimated Start Date: 3/U2011
Estimated Completion Date: l2/31/2014
PKOJEC"C Length: 46 months
For Water Pollution Control Facility Construction projects.
Indicate the anticipated [nitiation of Operation Date: 1 1/Ol/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.ecv.wa.Qov/wqa�va/viewer.htm
If yes, what is the 303(d)-tisting 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. o�vlaa action a eg nda.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)
❑ Ground water
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. og v/ehp/sf/Pubs/annual-inventory.pdf
❑ Protection of domestic water supply http://www.doh.wa. ov/ehp/dwlsentry.htm
❑ TNiDL requirements http:Uwww.ecy.wa. o�v/programs/wq/tmdl/index.html
❑ NPDES requirements
❑ Other (specify)
ECY 070-374 (06/10) Page 7
Part 1
FY 2011 Stormwater Retrofit and LID Grant Applicahon
9. PROJECT TYPE:
� 1. Retroht storm�vater project.
�?. fnstall accepted Low-Impact Development (LID) techniques.
❑ 3. Retrofrit project with L(D componerits.
10. FUNDING REQUEST: (Provide the amount of funding requested to eomplete 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 e(igible for Ecology grant or
loan assistance. Contact Ecology staff with any eligibiliry questions.
� Ecology Funding Request $1,000,000
This represents the amount Ecology may fund. Refer to the funding program guidelines
at: http: //ivtivw. ecv. wa. o�v/pro�rams/w y/f �nding�unding. html
Other Funds in PROJECT Amount committed from
[dentify secured source(s) of funds: other agencies:
State/Federal agency $
State/Federal agency $
State/Federal agency $
Local Agency City Of Federal Way Surface Water Utilitv $840,613
[n-kind volunteer $
$
Interlocal contribution
ECY 070-374 (06/10) Page 8
Part 1
FY 2011 Stormwater Retrofit and LID Grant Applicafion
(Please use c sentences this des criptio n w ill appear in the publish f list): �
- ---_ — -- _ __ --- -- — ___ _ — ------ —
This project espands the S. 3�6`�' Street Regional Detention Eacility (RDF) to improve water quality and moderate flows
bein�,* dischar�red to the ���etlands forming the hcad��°aters of the North Fork of West Hylebos Creek. The following
elements are planned: deep water �vet pooi; flow control; bioretention; spill containment and extensive native plantings_
12. APPLICATION CERTIFICATION:
[ CERTIFY TO �I'HE BEST OF MY KNOWLEDGE THAT THE fNFORMATION IN TH[S APPLICATION IS TRUE AND
CORRECT AND THAT [ AM TEiE LEGALLY AUTHORIZED SIGNATORY OR DESIGNEE FOR THE SUBMITTAL OF
THIS INFORMATION ON BEHALF OF THE APPLICANT
William Appieton
Printed Name Signature
Surface Water Manager
Title Date
THIS CONCLUDES PART 1
ECY 070-374 (06110) 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 should provide clear and concise
information ancl an,swers. The Sco�ing Guide (bclotiv each scored queslion) pr•ovides information on what
reti�ieicers �i�ill look for in c1 success�fi�l a��lication.
Pre submittal checklist:
❑ Pre-design report (required for project evaluation and review)
❑ Parts 1 and � of the app(ication are complete. Supporting materials such as maps, MOAs, or specific documentation
is included �vith the application packet.
❑ The Funding Request (Part (-Question 10) matches the Budget (Part II-Question 2).
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. 3�6`�' Street Regional Detention Facitity, 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 alon� this watercourse to improve salmonid spawning and rearing habitat (Figure 2). The proposed project
will improve water quality, flow controt, 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 faci(ity: thermal pollution during summer time discharges
from the S. 3�6�' 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 additiona( level of spili containment thereby reducing the chance of
contaminants being discharged into the wetlands.
1. SCOPE OF WORK
in� Guide
Tota1300 Points
Complete and concise project description_ Provides clear
detailed description of project tasks, deliverables, Up to 300 pts.
timelines, and nurnose.
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.
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r Y LU11 Jtormwater tcetrolii ana i.1L �ran� rru�ra���
Task 1— Proiect Administration and Mana�ement (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; submittat of payment vouchers, fiscal forms, and progress
reports: comp(iance w�ith appticable procurement and interlocal agreement requirements; attainment of
all requirec� permits, licenses, easements, or property rights necessary for the project; conducting,
coordinating, and scheduling of all project acti��ities; quality control; and submittal of required
performance items.
The RECIPIENT will ensure that every effort is made to maintain effective communication with the
IZECIPIENT's designees, the DEPARTMEN"T, all affected local, state, or federal jurisdictions, and any
interested individuals c�r groups. The EZFCTPIENT will carry out this project in accordance with
completion dates outlined in this Agreement.
B. The RECIPIENT shall submit all invoice rec�uests 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, Desi�n, and Permittin� (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, wiil 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.
l. 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
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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.
�. Detine Scope of Ser��ices, Negotiate Compensation, and Execute Professional Services Agreement. The
citv and the selected eonsultant w further define the scope of services to be performed, and negotiate a
tair and reasonable price_ Once the scope of services is detined and price is negotiated, a professional
services agreement will be executed.
6. N1a�lage consultants durinb design. T'his is the time city staff spends on managing consultants.
Deliverable:
Professional services agreements with selected consultants.
Time(ine: March 2011 — May 2011
Subtask 3: Geotechnical Investigation (Cost: �30,900)
This subtask will be performed by a geotechnical consultant who is (icensed 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
356` Street Improvement project. This information wili 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 wet(and;
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 survev shall include the items listed below and shall contain sufficient detail to complete the
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civil site design and engineering for the proposed project. Work shall be performed within the specified
limits of the survey.
Research and tield verify elisting survey information available near the project vicinity. Identify
additional tield sur��ev �vork needed to accomplish the items listed below and conduct the necessary°
work.
2. Horizontal and certical 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.
Utilities:� As-bui(t 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 ali 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, easting 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 Civi13D 2009 Version format. Three
complete stamped and signed hard copies will also be provided. Final scale of the mapping shall be
suitable for pian and profile drawings at a scale of 1"=10'.
Timeline: July 2011— August 2011
Subtask 5: Permitting (Cost: $11
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Based on the cunent pro�ect 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 tl�e permitting process:
l. 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 (JARPA).
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 simula#ion/analysis.
Following items will be performed:
1. Review existing analyses and design reports for the S. 356` 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 S WMM
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:
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The report of findings of the hydrologic and hydraulic analysis
Timeline: March 2011 — October 2011
Subtask 7: Structural Design (Cost: �39,676)
1�his subtask will be performed by a structural engineering consultant who is licensed in the State of
Washington. T'his subtask shall consist of all �vork 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:
i. Coordinate the work between geotechnica( 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.
Deliverab(es:
1. Structural design calculations for the retaining wall and other structural components;
2. Design dra�vings 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°/a design, and 100% design.
l. 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
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• Perform constructability analysis
• Develop construction schedule
3. 100 Percent Design Submittal
• finalize construction cost esCimate
• Comptete Plans and Specifications
• Conlplete Bid Package
De(iverab(es:
l. 30 Percent Design Submittal Package
2. 8� Percent Design Submittal Package
3. 100 Percent Design Submittal Package
Timeline: March 2011 — February 2013
Task 3• Proiect Construction and Construction Mana�ement (Task Cost: $1,526,607)
Task 3 includes following two (2) subtasks_
Subtask 1: Inspection & Construction Management (Cost: $40,980)
This subtask is to monitar 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 pa�ement and extensive native
plantings. The project area and conceptual design is shown in Figure 3. The detailed scope for this subtask
wili be developed durin� the project desi�n. _
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Deliverables:
A successfully constructed project.
T'imeline: June 20li — October 20li
Task 4: Stream Flow, Water Qualitv, and Streambed Stabilitv Monitorin� (Cost: $54,296)
E�isting stream flow, water c{uality, and streambed stability will be monitored/surveyed and analyzed in order
to establish basetine 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 affer construction. The
seco�id post project assessment �vill 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.
�. 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
compietion of the project.
Deliverables:
1. Data collection and analysis to include water quality, flow and benthic invertebrate sampling ($-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
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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_
The cost esti mates are c(ea�r and reasonable. U to 30 pts.
The project budget represents a good value for the work
and water quality benefit achieved. A value analysis or Up to 100 pts.
similar studv �vas performed.
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.
TOTAL Eli ible Cost b Task Elements
Pro osed Pro'ect Bud et and Time F'rame
Task elements Total Project Total Eligible Estimated months
Cost Cost needed to com lete
l. Project Administration/Management $ 62,400 $ 62,400 46
2. Property Acquisition, Design, and $ 197,310 $ 197,310 ?g
Permitting
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
com lete:
1'UTAL EliQible (.'ost
Salaries:
Benefits:
Indirect costs:
Contracts:
Materials, goods, and
services (list major item):
Equipment (list major items):
Travel:
Other (please outline):
Total Eligible Cost:
$ 199,630
$ 72,356
$
$ 1,570,627
$
$
$
$
$
$ 2,000
$
$ 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)
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Match Source
_ _ _ __ _ --___ __
List other funding sources and amounts, including local cash matching funds. In-kind contributions are not
e(igibte.
Eunding Source: Citv Of Federal Wav $ 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
[V improvements. Detailed costing information and project schedule is provided as an appendix to this application.
Project design costs will be controlled through the uti(ization 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 ineasures 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 environmentaI data to the maximum
extent possible.
100% of the matching funds necessary for this project will be provided by the Surface Water
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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 wi(1 achieve substantial water quality or Up to 150 pts.
hydrologic beneEits.
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 fo(low-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 wili 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 af 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. og v/aa action a eg nda.ph�
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FY 2011 Stormwater Retrofit and LID Grant Program
' Water Qualitv Issues
Several water quality problems have been well documented at the S. 356 Street Regional Detention Eacility and are
believed to be negatively impacting the health of the receiving waters, the North Fork of West Hylebos Creek_ The
follo�ving details the three specific problems: temperature, turbidity, and impacts to macroinvertebrate communities.
Temperature Studv
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`� Street Regional Detention Facility (RDF) during the
�ummer montlis 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 deve(opment; 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` stormwater pond out(et; and, 2) North Fork West Hylebos Creek stream at South 359`� 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 �vere programmed to record measurements at 30-minute sample intervals. The TidbiT
thermistars used for in-stream temperatures have a range of—� to 37 degrees C; and an accuracy off0.2 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; carefut
documentation; follow manufacturer's instructions; and adhering to the required process steps).
Data management involved a close examinarion 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 ifany 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 dur
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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 �vere analyaed to help eiiminate temperature data collected during periods of no t1ow. As a
general rule, if flow was absent at the site for five ar more consecutive days, then the temperature data for that
correspondina period of time were reinoved and noted as "no flow".
Water temperature �vas measured by the 7-day average of the daily maximum temperatures (7-DADMax). The 7-
DADMax for any individual day was ca(culated 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 Hy(ebos Creek at South 359` Street is
classified as (1)(a)(iii). "Salmonid spawning, rearing and migration", with a 7-DADMax temperature standard specified
as 17.� ° C (63.� ° F).
The fo(lowing data summary provides further detail concerning Surface Water Managements temperature study focused
on (6 individuat 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 356` Stormwater Pond Outlet and North Fork West H lebos Creek at South 359�' Street, 2002-2008
Approximate Downstream Highest 7-DADMax Measurement
Date Temperature at South 359 Street During
lncrease ( Event (°C)
June 28, 2002 4 14.11
July 7, 2002 4 14.13
October 7, 2003 2 12.57
October 17, 2003 2 1225
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
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FY 2011 Stormwater Retrofit and LID Grant Program
Turbidity
T'urbid 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 sa(mon 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. 3�6` pond were measured for turbidiry. 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.
Z'he follo�vin� table summariaes the turbidity monitoring findings:
Turbidity, South 356`�' Stormwater Pond, 2001-2005
Total number of samples 44
Average turbidity at pond iniet 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 storm�vater, but several more sources remain that are tributary to the City's MS4 and South 356` pond.
Staff continue to work on eliminating these sources through inspections, enforcement and education. Two significant
contributors to the high turbidity ievels in the S. 356` 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 351 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 reyuiring the implementation of BMI's 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. 356`� Street Regional Detention Facility and
downstream locations.
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FY 2011 Stormwater Retrofit and LID Grant Program
B-IBI 1�'IonitorinE
Benthic macroinvertebrates are particularly well suited for bio-monitoring; they are diverse and abundant, sensitive to
human disturbance, and are excellent indicators of a sCream'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 a(l surface water problems; however, measurement of
the diversit� and quantity of microorganisms living in a waterway can help to determine the overall health of an aquatic
systecn. 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`�' 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-[BI) is used to summarize invertebrate data. It is composed of ten
metrics representing multiple biologica! 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` Street, between 1999 and
2009:
B-�BI Scores, No�th Fork West Hylebos Creek
2001-2009
Year B-IBI Sco�e
1999 14
2000 14
2001 20
2002 18
2003 20
2004 27
2005 24
2006 26
2007 24
2008 18
2009 20
Macroinvertebrate B-IBI Scoring Criteria
46-50 Excellent
38-44 Good
28-36 Fair
� Q �a o,.,..
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.
Spill Containment
The S. 356"' 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` Street and 16`� 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` 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
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FY 2011 Stormwater Retrofit and LID Grant Program
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. Specificaily, 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. 359`�' Street.
Downstream of the weir structures, the streambed and channel become unstable during high flow events, which has
reduced the amount of suitabte fish spawning and benthic invertebrate habitat. It is evident that stormwater discharges
fro►n the highly developed upper watershed, which discharges to the S 356`�' Street Regional Uetention Eaciliry, is not
adequately buffered. In order to reduce the impact of these higher flow events on the downstream environment, the
eKisting faciliry must be retrofitted to provide improved flow attenuation.
Expected Results
Expansion of the S. 356` Street Regional Detention Facility will increase the detention capacity of the facility
by an additional � 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 �vill 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 do�vnstream wetland/stream complex. The
submerged outlet configuration will function to prevent floatab(es (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_ 356�' 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 inetals (iron,
lead ainc, copper), and the reduction of biochemica( oxygen demand (BOD).
• Expansion of the S. 356`� 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
channei will be performed to establish a baseline condition. Two post construction surveys/assessments wiil be made
over a 2-year timeframe to evaluate the effectiveness of the project at stabilization of the stream. The second post
project assessment wiil be funded by the Surface Water Utilities on-going operations budget.
The City will continue to perform water quality monitoring at the S. 356` Street Regional Detention Facility and within
the creek at S. 359`'' 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 operationai budget.
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FY 2011 Stormwater Retrofit and LID Grant P rogram
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.
Lon� Term Maintenance
'Che lonb 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. SW1V1's maintenance staffcurrently maintain several
large regional detention facilities as well as over I50 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 Hy(ebos Creek as part of the City's on-going water
quality program.
Puget Sound Partnership Action A�enda Goats:
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 pol(utant loadings by expanding/improving the flow
control and water quality characteristics of the existing regional detention facitity tocated at the headwaters of the North
�ork of the West Hylebos Geek. 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
Geek 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 additiona( steps necessary to
maintain and restore the natural hydrologic systems ofthe downstream wet(and 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.
4. PROJECT TEAM
Scorin 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.
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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.
Proiect Team
The proposed project team includes four registered civil engineers, an engineer-in-training and a water quality
professiona(; 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 V�ay 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:
Skilis include project management, construction management, hydraulic design and analysis,
ions and maintenance of hydraulic structures, civil design review. Project experience includes dam and
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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 tield 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 201 l, 30°/a in 2012, 31°/o 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,
w�etland 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
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r'Y ZUIl �tormwater Ketroiit ana l.i� �ran� rru�rd�u
Relevant Skills & Qualifications:
Civil Design, Hydraulic Design & Anaiysis, AutoCAD/Civi13D, ArcGIS.
• BSCE and 8-years experience in the field of Civil Engineering with an emphasis on stornl water
facilities design. Currently the Surface Water Management Technician for the City of Federal Way.
Daniel Smith
Rote: 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.
Proiect Staffin�
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.
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5. PROJECT DEVELOPMENT PROCESS AND LOCAL COMMITMENT
Scorin Guide Total 100 Points
A comprehensive decision making process was used to Up to 50 pts.
arrive at the roposed 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 yuality and flow 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. 356`�' Street Region Detention Facility. Retrofitting the S. 356`� 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 s urfaces
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• 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 pol(ution issue
• Opportunity io pick up presently un-detained and untreated flows
• Ease of property acquisition and constructabi(ity
• Provides a high level of water quality and tlow 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
Departinent of Ecology, National Oceanic and Atmospheric Administration, and Fish and Wildlife.
The proposed project has been discussed with stakehotders within the watershed including the Washington
Department of T'ransportation, Washington State Fish and Wildlife, Puyallup Indian Tribe, Port of T'acoma 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 ►ninimiaed. The proposed project will address
these critical parameters thereby helping to improve the success of all projects being undertaken by stakeholders
within this �vatershed.
Past Projects
The fol(owing 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 Re�ional Detention Facility (1996�
Construction of a 35.4 acre-feet regional detention facility that included a 1.86 acre engineered wetland. This project
was comp(eted 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
extremety successful in reducing downstream erosion and streambed mobilization. The wetland and wet pool
components also provide valuable water quality treatment.
S. 356"' 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 H,ylebos Creek Restoration (2004�
Instaliation of woody debris, engineered log jams, 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 #o utilize the stream but there have been no formal fish counts to document
returning run sizes.
Lakota Geek Restoration (2004)
The Lakota Creek Restoration included the main stem and the west branch of the creek roughly from SW 320�' St.
downstream to the Wastewater Treatment Plant near Dumas Bay Center. The project included temporary diversion of
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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 baniers, removal of invasive plants and shrubs and restoration of all disturbed areas with native
plants. The hydraulic, as we11 as the habitat improvements were designed to mimic the stream as it was prior to the
development ofthe 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 p(antings have become well
established and uti(ization 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` Street Brid�;e Construction and Stream Restoration (2007�
The 373` Bridge Construction and Stream Restoration project included the construction of a bridge over the West
Hylebos to rep(ace 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 cu(vert,
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 uti(ization of the upper reaches of the West
Hylebos_ The project is on schedule to be completed in the Fal( of 2010.
Past Project Performance
Surface Water Management has a history of detivering 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.
Past Project Performance
Project
Kitts Corner Regional Detention F
S. 356th street region Detention Fa
West Hylebos Creek Restoration (2004)
Lakota Creek Restoration (2004)
373rd Street Bridge Construction and Stream Restoration
Lake Jeane Lake Lorene
Total
Total Bud et Ex enditure
$3,699,658.00 $3,414,899.00
$3
$1
753.00 I $3,401,376.00
648,445.00 I $761,608.84
$2,079,977.00 $ i,180,301.70
$910,000.00 $775,870.81
.00 1 $798,965.36
Savi
8%
5%
54%
43%
15%
15%
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FY 2011 Stormwater Retrofit and LID Grant Program
6. READINESS TO PROCEED
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:
o State Environmental Policy Act (SEPA). �
�
o Cultural resource assessment (Executive Order OS-OS).
http://www dah wa �ov/�aQes/EnvironmentalReview/Laws htm
The project has been approved by Council, properly 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. 356` 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. 356` 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. 356"' 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. Therefare, while not done, we believe this task will require very little effort to
--- , .
THIS CONCLUDES PART 2
ECY 070-374 (06/10) Page 33
S. 356th Street Regional Detnetiobn facility - retrofit
West Hylebos Wetlands
Ciry of Federal Way
i20 aCres
■; S. 356Ih SL Regional Detention Facility. 1996
City of Fetleral Way
., �..,� 1.9acres
S 356[h ST ROW
Ciry of Fetlerai Way
4.Bacres
Brook Lake
Outlet Rehabilitation, 1996
West Hylebos Creek Restoretion, 2004
Funded by DOE
Open Space
City of Fetlerel Way
22.5 acres
�Hylebos Open Space
City of Fetleral Way
45 acres
Hylebos Open Space
City of Federal Way
33 acres
Pacific Hwy S. Hylebos Creek
Fish Passage Improvements (WSDOT), 2006
Future Castellar Conservation �
� . Properry AcQaisition
322106 9Q93 8 322104 907 3 �
-� 8.6 acres .
WSDOT
9.1 acres
Hylebos Open space
City of Federal Way
10.2 acres
Hylebos Open Space
City ot Federal Way
14.5 acres
North Fork Hylebos
Creek Restoration, 1999
S. 364th St. Fish Passage
Cuivert Replacement, 2002
:�z.4c::�i������y � * "s
� CorringtonConservationProperty{WSDOT),
� WeSt HyIBboS 292104 9110
Creek Rehabilitation, 1997 3.36 acres
Future Gowers Conservation
Property Aquisition
292104 9113
7.97 acres
i;' �`,' Future Bridges Conservation
Property Aquisition Qn Negotiation)
���� 292104 9118 8 292104 9103
1726 acres
�FutureEnticknapConservation ��
propertyAquisition(InNegotiation�. ��
6.d acres � �.��,
Spring Valley Restoration
South 373rd� St. Bridge Replacement, 2007
Mace Conservation Property (WSDOT), 2007
322104 901 a& 3221 D4 9110
25.3 acres
Karileen Conservation Property (Schnitzer Steep
3221049021
10 acres
' Uni[ed States
16 5 acres
� .
�.�-_�-�
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S. 356TH REGIONAL STORMWATER FACILITY REfROFIT
A POR110N OF iHE NE QUAR?ER OF 529T21504
, FEDERAL WAY WA
FIGURE 3 - CONCEPTUAL PLAN
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� Washington State
Oepartmerit ot Transpor#a#ion
Paula J. Hammoncl, P.E.
Sacretary of Trar?spo�#ation
August 23, 2010
Jeff Wolf, Surface Water Management Engineer
City of Federal Way Public Works
PO Box 971 S
Federal Way, WA 98063-9718
Northwest Regioa
?5T00 Dayton Avenue Nerth
P O Box 330310
Seattte, WA 98i 33-b?10
206--t40-4C00 i Fax 206-4C9-725U
r'Y: t-800-+333-63i38
�rrn�uv.wsdof.wa gov
Subject: SR 99 MP 7.6 (South 356�' Street vic)
Hylebos Creek Spring Valley Vic. Environmental Enhancement
Letter o,�f Concurrence
Dear Mr. Wolf:
The Washington State Department of Trarrsportatian (WSDO'I') is submittint this letter of
concurrence for the abovementioned project. 'The project will expand the existing detentio�
and water quality treatment capabilities of the regional stormwater pond located north of
South 356` Street and east of SR 99.
The project would enhance salmonid habitat at the WSDOT Corrington wetland mitigation
site by reducing peak 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�' 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�' 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.
Since ,
/
Russeli S. East, PE
Assistant Regional Administrator — King and Snohomish Counties
RE:rp
ec: Project / Day File
E. Cooyers (Highways and Local Programs)
E. Hansen (NWR Iiydraulics)
���,srer,� .
4 4
x
< ' Y
w �n a r z
�' ese� "°v
State of Washington
DEPARTMENT OF FISH AND WILDLIFE
Region 4 O�ce: 16018 Mill Creek Boulevard- Mili Creek, Washing�on 98012 -(425) 77�1311
August 24, 2010
City of Federal VVay
ATTENTION: William Appleton
PO Box 9718
Federal Way, Washington 98063-9718
Deaz Mr. Appleton:
SUBJECT: Letter of Concurrence for City of Federal Way S. 356�' St. Regional
Stormwater Facility Retro�t 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 proposes to expand the
detentionandwaterqualitytreatmentcapabiiitiesofthe S. 356'" St. Regional StormwaterFacility 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, impraving water
quality and reducing water temperahues.
This letter is based on the city's attached conceptual design p[an dated August 23, 2010. As design details are
finalized, WDFW would need to review and approve design/construction plans as they pertain to our
jurisdiction.
We look forward to working with the City of Federal Way Yo 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 Ietter, I may be contacted at (425) 313-5683 or at fisheldf@dfw.wagov.
�incerely,
�� �:.�.�.-.
Larry Fisher
Area Habitat Biologist
LF:If
■ �
u r� � o � �a
p
August 26, 2010
City of Federal Way Public Works
Attn.: William Appieton, Surface Water Manager
PO Box 9718
Federal Way, WA 98063-9718
RE: City of Federa! Way- S. 356` St. Regional Stormwater Facitity Retrofit Project —
Letter of Support
Dear Mr. Appleton,
The Puyaliup Tribe of lndians supports the subject project which proposes to expand the
deYention and water quality treatment capabilities of the S. 356`� St. Regional Stormwater
Facility located at the headwaters of the No�th 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 no# 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
requi�ement of successiul, self sustaining fish populations. lt is the Tribe's hope that this
project will bring us one step closer to this desired condition.
This letter of support was formulaied 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 aRy 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 �'
� -
�
R s Ladl
esource atection Manager
PuyaUup Tribal Fisheries
6824 Pioneer Way Eas# • Puyaliup, Washington 98371 •(253} 845-9225 •(253) 445-2430
fi Q�; ��� =_:
NYIEBOS
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 St. Regional Stormwater
Facility Retrofit Project
Friends of the Hylebos wou(d like to express support for the City of Eederal Way's West Hylebos Stormwater
Retrofit Project, which woutd directly and indirectly enhance the health and quality of the Hytebos Creek
Watershed.
This project would provide benefits to salmonid habitat downstream in this important creek system which
currentty 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 aiso improve water
qualitydownstream by reducing stream temperatures and erosion while implementing low impact development
techniques such as pervious pavement, boiretention, and infiltration.
We loak forward Eo the City of Federal Way completing this important project that would help sustain and
preserve important habitatdownstream.
Margery (�o�frey ( f � d
Friends of the Hylebos Boar� President
P�R °f
. � .
u S A � * * �
. -
August 30, 2010
City af Federal Way
ATTENTION: William Appleton
PO Box 9718
Federal Way, Washington 98063-9718
`._� .* .
�
SUBJECT: Letter of Support for City of Federal Way S. 356�' St. Regional
Stormwater Facility Retrofit Project
Dear Mr. Appieton:
The Port of Tacoma would like to express its suppo�t for the City of Federal Way's West
Hylebos Retrofit Project, a project that would expand the S. 356 Street Regionaf
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 quatity in the West
Hylebos Watershed, this directly supports restoration work being undertaken by the
Port of Tacoma in the downstream Hylebos Waterway. Together, these prajects will
play an important role in preserving the $152 million taxpayer backed investmer�t in the
cleanup of the Hylebos Watennray which occurred in the 1990s.
The Port af Tacoma is pleased to offer its support and feels this project witl be
beneficial to the recovery of the salmon populations in Hylebos Creek and to the health
of the Puget Sound.
i � �/j/
//• - r • - f - � -
PO. Box 1837 • Tacoma. Washington 98401-1837 • Telephone: (253) 383-5841
Cost Estimate & Project Schedule
Project Cost Estimate
Hours
Staff K Miller W A leton F Tan J Wolf P Heller D Smith Ins ector Consultant, $ Other Exp, S Subtotal
Hourf Rate, S/hr S 66.00 $ 67.00 $ 53.00 S 52.00 S 38.00 S 55.00 S 37.00
s.ck I-� .. �t Ad�inistration'and M '" t -- 563,4�9
100 200 800
Subtotal, hr 100 200 800 1100
Subtotal, S S 6,600 S 13,400 S 42,400 $62,400
Tssk 2- Pre : Ac �isition, Des' a, snd Fermittin 5197�10
Subtask i— Pro e Ac uisition
Subtotal, hr 0 0 0 0 0 0 �
Subtotal, S 0 0 0 0 0 0 $0
Subtask 2 —Consultani Selection
1 4 4 12 4
2 4 8 8 8
3 4 4 4 4 4
4 lb 16 16 l6 16 16
5 4 12
6 10 80
Subtotal,hr 28 46 132 28 20 20 274
Subtotal, $ $1,848 S3,082 56,996 $1,456 5760 $1,100 $15,242
Subtask 3 — Geotechnical [nvesti ation
1 4 8 4
2
3
4
�
6
7
Subtotal, hr 0 4 8 4 0 0 16
Subtotal, $ �0 $268 $424 $208 $0 $0 $30,000 $30,900
Subtask 4— Site Surve in and Desi n Surve in
1 4 4 4
2
3
4
5 4
6
7
8
9
Subtotal, hr 0 4 4 0 8 0 ��
Subtotal, S SO $268 $212 $0 $304 $0 $25,000 $25,784
Subtask 5 — Permittin
1 4 8 52 24
2 24
3 4 S 1,000
4 16 40 16 a�>�
Subtotal, hr 4 24 120 0 40 0 188
Subtotal, $ $264 Si,608 $6,360 $0 51,520 $0 $0 S2,000 511,752
Subtask 6— H drolo +c and H draulic Anal sis
1 4 16 4 8
2 80 40
3 80
4 8 SO 16
5 8 24 16
Subtotal, 6r 0 20 260 4 80 0 364
Subtotal, S SO 51,340 513,780 5208 53,040 SO $0 $0 $18,368
Subtask7—StructuratDesi n
1 I6
2 4 8 16 8
3 8 8 8 8
Hours
Staff K Miiler W A kton F Tan J Wolf � Heller D Smith Ins ector Consultant, S Other Ezp, S Subtotal
Hour Rate,$/hr S 66.00 S 67.00 S 53.00 S 52.00 S 38.00 S 55.00 S 37.00
4 4 4 4 4
5 4 40 40
Subtotal, hr 16 24 84 20 40 0 0 184
Subtotal, $ $1,056 $1,608 $4,452 $1,040 $1,520 $0 S30,000 SO 539,676
Snbtask 8- En ineerin Desi n and PS&E Documeats Pre aration
1 24 24 160 20 100 20
2 24 40 160 20 120
3 24 24 160 80 100
Subtotal, hr �2 88 480 120 320 20 1,100
Subtotal, S 54,752 $5,896 $25,440 $6,240 $12,160 $1,100 $0 555,588
Task 3_ pre` Coastruction and Coustrucfiun Man ement $1,526,6f}7
Subtask 1- Ins ction & Construction Mana ement
l 20 40 300
2 40 80 400
Subtotal, hr 20 40 340 80 0 0 400 88�
Subtotal, $ 51,320 52,680 $18,020 54,160 SO $0 $14,800 �0 $40.980
Subtask 2- Coostruction w/30°/a Contin enc
51,485,627
'1'8sk 4- Water Qus ' and Fb�r Mae:�torin 54,29b
1 4 16
2 20 8 768
3 4 4 32 32
4 4 8 40
5 4 8 40
Subtotal, hr 0 36 28 32 32 864 0 0 992
Subtotal, $ $0 $2,412 $1,484 $1,664 51,216 $47,520 $0 $54,296
Total Hours 240 486 2,256 288 �40 904 400
Total (ex cludi ng construction) $ 354,986
Grant �['otal $ 1,840,613
Consultant Cost $ 85,000
Other Expenses � 2.�
Contractor Cost S 1,485,627
Salaries & Beoefit $ 267,986
Salaries $ 195,630
Benefits $ '12,3�6
Constracts $ 1,570,627
Alternative 2
Cost Data:
Total Cost:
Desi4n �
Const
Mana, Construction
$354,986 $1,142,790
Construction Cost Estimate:
Continqencv
30% Subtotal
$342,837 $1,840,613
Ac uisition Tot211
$0 $1,840,600
ITEM NO. ITEM UNIT PRICE UNIT Qty Cost
1 UTItITIES LOCATE, PROTECTION AND RELO $50,000 LS 1.00 $50,000
2 SURVEY AND ASBUILT $5,000 LS 1.00 $5,000
3 TEMPORARY TRAFFIC CONTROL $40,000 LS 1.00 $40.000
4 TEMP. WATER POLtUTION lEROSION CONT $5,000 LS 1.00 $5,000
5 TREE REMOVAL �500 EA 15.00 $7.500
6 REMOVAL OF STR. & OBSTRUCTtONS $5,000 LS 'I.00 $5,000
7 REMOVAL OF EXISTING ASPHALT INCL. HAU $20 CY 629.30 312,586
8 EXCAVATION INCL. HAUL $15 CY 15899 $238,491
9 SHORING OR EXTRA EXCAV., CL. A AND CL. $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 INLET CONTROL STRUCTURE $20,000 EA 1 $20,000
13 OUTLET CONTROI STRUCTURE $40,000 EA 1.00 $40,000
14 MH/CB $8,000 EA 1.00 $8,000
15 STORM SEWER PIPE $250 LF 350.00 $87,500
16 CHAIN LINK FENCE 8 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 5948,767
20 Mobilization, 10% $� ,877
Subtotal 51,043,644
WSST, 9.5% 599,146
Total 51,142,790
ID
1
2
j
Task Name
Project Admin & Management
Consultant Selection
Duration
200 wks
13 wks
Start
Tue 03/01/11
Tue 03/01/11
Finish
Mon 12/29/14
Mon 05/30/11
3
Property Acquisition
4 wks
Tue 03/01/11
Mon 03/28/11
4
Geotechnical Investigation
5 wks
Tue 05/31/11
Mon 07/0
5
Surveying
4 wks
Tue 07/05/11
Mon 08/01%11
6
30% Design
35 wks
Tue 03/01/11
Mon 10/31/11
7
Permitting
35 wks
Tue 11101/11
Mon 07/02/12
8
9
10
H/H Analysis
Structural Design
85% Design
35 wks
14 wks
35 wks
Tue 03/01/11
Tue 08/02/11
Tue 11/01/11
Mon 10/31/11
Mon 11/07/11
Mon 07/02/12
11
100% Design/Bid
31 wks
Tue 07/03/12
Mon 02/04/
12
Contractor Selection
18 wks
Tue 02l05/13
Mo 060
13
Notice to Proceed
0 wks
Mon 0610/13
Mon 06/10/13
14
1 Construction
20 wks
Tue 06/11/13
Mon 10/28/13
15
16
Construction management
WQ and Flow Monitoring
20 wks
200 wks
Tue 06/11/13
I Tue 03/01/11
Mon 10/28113
Mon 12/29/14
a
.05],Will Appleton[0.09],Fei Tan
Task Milestone External Tasks —TT - - �
Project: Schedule.mpp Split , , , , Summary External Milestone
Date: Mon 08/30/10
Progress Project Summary Deadline
Page 1
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 Milier[0],Will Appleton [0. 021, Fei Tang[0.09],Paul Heller[0.03]
ppleton[0.01],Fei Tang[0.19],Jeff Wolf[0],Paul Heller[0106]
Ken Miller,Will Appleton,Fei Tang[0.11],Jeff Wolf,Paul Heller
Ken Miller,Will Appleton,Fei Tang[0.13],Jeff Wolf,Paul H
Task Milestone External Tasks
Project: Schedule.mpp Split Summary External Milestone
Date: Mon 08/30/10
Progress Project Summary Deadline
Page 2
Iler[0.01],Will Appleton[0.03],Fei Tang[0.1]
ler
Ken Miller,Will Appleton,Fei Tang,Jeff Wolf,Bill McCollum[0.5]
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
�-���Gl��- �
DEPARTIV���lT OF
E�� L� GY
State of Washington
FY2O11 STORMWATER RETROFIT aND LID CONiPET[TIVE GR.4NT PROGRAM
FUND[NG AGREEI�IENT BETWEEN
THE STATE OF WASEiINGTON DEPARTMENT OF ECOLOGY"
AND
CITY OF FEDERAL WAY
GRANT AGREEi�IEN"C 1�IUNIBER
S. 356� STREET REGIONAL DETENTION FACILITY RETROFIT
TABLE OF CONTENTS
PART I. GENERAL INFORMATION ---- ----------------�--............................_,.................................... 1
PARTII. PROJECT SUMMARY .......... .. .............................................•---�-•-----•---�---...........--�----- �
PART III. PROJECT BUDGET --�---�--.....--•---�---•-�----� ...........................•---........---•----......-•-�--�--....... 3
PART IV. PROJECT GOALS AND OUTCOMES ....,...-•--• .....................................•-----............--- 3
PART V_ SCOPE OF WORK------• . ............................................••-•----�--.......---�-�--......_..-----._.......... 4
PART V(,�). SPECIAL TERMS AND CONDIT[ONS .................••--.----._....-----•--...-_.----...-----•--..... 8
PART VI. !�I.L WRITINGS CONTAINED HEREIN-•--•-• ............................................................ 8
ATTACI L• GENER.AI., PROJECT MANAGEMENT REQUIREMENTS FOR THE
FY 20l 1 STORMWATER RETROFIT AND LID COMPETITIVE GRANT PROGRAM..__... 10
ARCHEOLOGICALANDCIJLTURAL RESOURCES----_.------.._ ..............--._...................---..-_--..--------................_... 10
CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INEL[GIBILITY OR VOLUNTARY EXCLUSION...._ .............. 10
EDUCATiON OUTREACH ...................._...._......_._ -..... - ... - - -- ._................ -- ................. - ................ I 1
FEDERAL FUNDING ACCOUNTAB[LITY AND TRANSPARENCY ACT (FFATA) REPORTING REQU[REMENTS ......._..... 1 I
FUNDINGRECOGNITION ................_.........................__........_..........- -- ............... -- ...._....._..........-.--......_ 12
[NCRLASEDOVERS[GHT...._........._ .................._..._......_._.....___........._.................._..._.................---_.__........._._._ 1' _
INDIRECT RATE ...................................•----�-�--�---�-�-----�-� �----�- -.......-----•--...._....................... l2
-'-- ......................._-_---..
MATC[-QNG REQUIREMENTS ........................................._........_...--�----.....--• -.......---°.--..-°.--�-°-------....._............-- .._. 12
MINORITY AND WOMEN'S BUSINESS PART[CIPATION...._._ ..............................._....--.---................-----.........___........ 12
PAYMEM REQUEST SUBMITTALS ..................°-...............:............°----.......................---.......-°--°-�--..................._..... 13
POST PROJECT ASS E S SMENT.-- ° . ° -- °� -- ° --- ° - � ..............................� -- -....---.......-°°-.............°--..°-_.-�-• --- - -°-............ 14
PROCU�ntstvr ................................................--..........................----.............._....--------�-��---...---.......-.-.-.. •-----.......... i4
PROGRESS REPORTS ..._ -� - -•_-°°-� - ...- . ... ......... . ..................._ ----.........._................- -............... 14
-...- -- -° -
REQUIRED DOCUMEN'C SUBMITTALS ........................................................................................................- -----........ 14
WATERQUALITYMONITORING ........................................................................................ -...............................---.IS
ATTACHMENT II: GENERAI, TERMS AND CONDITIONS PERTAINING TO GRANT
AND LOAN AGREEMENTS OF THE DEPARTMENT OF ECOLOGY ................................. 17
A. REC[PIENT PERFORMANCE ...........-- ..............___..._.....--.._..._....._._.-__......__-
B.SUBGRANTEE/CONTRACTORCOMPL[ANCE___.__ .................... _ __
C. TH[RD PARTY BENEFiC[ARY...._..._ ......................._----_.._..__...._......_ ...._..-
D. CONTRACTING FOR SERVICES (BIDDING)...__......_..._._ -.._._............___ ..._.
E. ASSIGNMENTS ._.........._ - ......... - ................--..........__..___ _ ......._.._._......._
F. COMPLIANCE WITH ALL LAWS.._......_...._......_ ..........................._.._...._...._....
G_ K[CKBACKS._........_........ -....._.._.._.._._.._ ................_.._._......_ ..__.._...._- .....
H. AUDITS AND [NSPECT[ONS ........_.....__........._.......___..__..._ ................_.__.._.
L PERFORMANCE REPORT[NG......__ ...................._-...._.._........_.......-.._..._.._..--.-
J. COMPENSATtON...__ _........._-.-..--...._.......... - _-.-...... - - ....-.--..._...
K. TERMINAT[ON ...._.._...._....._.......__...._ - ._ .............._....._ --_... -._ .
_.__ _..._._
L. WAIVF•,R_.........._.._...__ - -._...__ _.....__..._ .............._.___.__.. ..- ....
M. PROPERTY RIGHTS............_ ...................__---.........._....__...._.._.._--..-._ ...._._.--
N. SUSTAINABLE PRODUCTS _--....__.._ ........................_........_._--.-.-_--,--......._ -
O. RECOVERY OF PAYMENTS TO RECIP[ENT ..............................._._...................
P. PROJECT APPROVAL..__ ..........................................._ --�� -............_........_.....
Q. D[SPUTES _- ......_... - - - _...._ ................. - - - - - ....... -....._.
R. CONFL[CT OF INTEREST.____..._...._......_....__.._......._..........._.._ ._.._ -_..._ ..-
S. INDEMN[F[CAT[ON-.-._......_.........._... _......... -- --.........._......_..._......_..
T. GOVERN[NG LAW -........ __ .................._...._..._...................._.............__....
U. SEVERABILITY... - - .................._................. - -.........._..................._........
V. PRECEDENCE....- - --- - ............................... - .-...._......._-.._..........._.........
_._..- --.._.._..... t7
_. ._...__...__ ..__.........__ 17
_._ .... .. ....... ......._......_.. 17
_.__.._._.___.._.._........_... U
_...._._...._ _ ..__.._..__. l7
- ..........._. _._....._._........_ 17
__ ._.....__ __......._ -._ . . l8
__- ...._...__._ .............. t8
___._._._._-..._......._..... l8
_... - ...-- ... .................. 19
___ _......_ .._ .......__ 20
_ __ ____ _ _ ?
__- . ... _-__..._..._. 20
_..._.._..._ .......... .........._._ 21
_.___._...... --._............22
..- ---22
--.... - - ................22
___. .........._.. 23
_ ... .............._...... 23
__._...._......_ - .............23
_- - _.......23
___......_._......._ ...23
il
FY2O11 STORMWATER RETROFTT AND LID COMPETITIVE GRANT PROGRAM
Funding Agreement Between
THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY
AND
CITY OF FEDERAL WAY
THIS is a bindin� agreement between the state of Washin�ton Department of Ecolo�y
(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 Titie: S. 356th Street Regionai 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 [nformation
RECIPIENT Name:
Mailing Address:
Fax Number:
Federal Taxpayer ID Number:
City of Federal Way
P.O. Box 9718
Federal Way, WA 98063-9718
(253)835-2709
91-1462550
PROJECT Manager:
Email Address:
Phone Number:
jPROJECT Financial Officer:
__ _._
Email Address:
Phone Number.
DEPARTMENT Contact Information
Fei Tang
fei.tang@cityof�ederal way. com
(253)83�-2709
comment (PSi]: Neea rhis
�e«�h�
1
Project Manager:
Email Address:
Phone Number:
Project Engineer:
Email Address:
Phone Number:
Address:
� Northwest
WA State Department of Ecology
Northwest Regional Office
3190 160`� Ave SE
Believue, WA 98008-J452
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
❑ Be(lingham
WA State Department of Ecology
Bellingham Field Office
1440 lOth Street, Suite 102
Bellingham, WA 98225
Fax(360)715-5225
Financial Manager:
Emait Address:
Phone Number:
Fax Number:
Address:
:�
:�
:�
Bobb Nolan
robert.nolan@ecy.wa.gov
(425)649-7197
❑ Central
WA State Department of Ecology
Central R.egional Office
1 i West Yakima Ave, Suite 200
Yakima, WA 98902-3452
Fax(509)57�-2809
❑ Eastern
WA State DepaRment 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
Patricia Brommer
patric ia. brommer@ecy. wa. gov
(360) 407-6216
(360)407-7151
WA State Department of Ecology
Water Quality Program, FMS
P.O. Box 47600
O(ympia, WA 98�04-7600
2
CHECK ALL THAT APPLY:
• FY 2011 Siormwater Retrofit and LID Funds (state funds): � Yes Amount: $1,000,000
• Prior Authorization Granted: ❑ Yes [f 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 ManaDer. 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 — ihree years after the expiration date of the agreement (see Post
Project Assessment in Attachment I): December 31, 2017
PART II. PROJECT SUMMARY
This project will address waier 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 [II. PROJECT BUDGET
S. 356th Street Regional Detention Facility Retrofit
TASKS/OBJECTS TOT.AL
PROJF.CT
COS1
i - Project Administration/Management $62,4U0
2 — Plans and Specifications
3 — Construction Management
4 - Construction
5 - Monitoring
$197,310
$
$
$54,296
Total J $1,840,513
** The DEPARTMENT's Fiscal Office wil( track to the Total Eligible Cost.
MATCHING REQUIREMENTS
DEPARTMENT Share: maximum $1,000,000 of TEC
RECIPIENT Share: minimum 25% of TEC
Cash $840,613
Other types of in-kincl, such as volunteer work
PART N. PROJECT GOALS AND OUTCOMES
Comment jP62]: Ecology wouW iitce
- - - - - - - - - - - � - - -- - to discuss the monitoring described in the
app[icalion.
DCH� Ambitious leve( ot monitoring. [t
is hazd� to tell just how much 6eoe&i
Ecotogy would get fran this monitonng.
** T�Tf� L. Need more information previous wodc
ELIGIBLE COST beforedecidingw6ethzrthisshouldbe
funded or not
(TEC)
PLB:
$( Z I. Need� to discuns property acquisihon.
2�,Please breal: out coasmxaon mgmt
. costs from eonsmiction.
$197,310
$
$
$54,296
$1,840,613
$1,000,000
$840,613
A. Financial Assistance Water Oualitv Project Goals: The overall �oals 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
3
❑ Designated beneficial uses will be restored or protected, 303(d)-Listed water bodies
restored to water quality standards, healthy waLers prevented from being degraded.
B. i@4�ater Quatity and Env►`ronme�tal autcotnes�: The following are the anticipated water comment (r�s31: �cx� �a�ae
- detsiled tnfomeaIIOa 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.
l. Retrofit the S_ 356`� Regional Detention facility, located at the headwaters of the
Nor[h Fork of West EIylebos 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 [tems and De(iverab(es': The following are the anticipated action items that � eommeM (PSa�: aec �o p�o�ae
� � � � � - - - - - - - - - - - - � - � detarkd fnlortnaUOn here.
wi(1 play an integral roie in implementation of the project. Please include types and
amounts of BMPs that will be installed. This includes items such as linear feet ot
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/Manaeement
A_ The RECIPIENT will administer the project. Responsibiiities will include, but not be
limited to: maintenance of project records; submittal of payment vouchers, fiscal forms,
and progress reports; compliance with applicable procurement, co�tracting, and interiocal
agreement requirements; application for, receipt of, and comp]iance 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 inctude: conducting,
coordinating, and schedulin� project activities and assuring quality control. Every effort
will be made to maintain effective communication with the REC[PIEN"C's designees; the
DEPARTMENT; all affected local, state, or federal jurisdictions; and any interested
individuais or jroups. The RECIPIENT must carry out this project in accorda�ce 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.
4
Required Performance:
i. 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 UEP.�RT�tENT.
4. Write and submit a one to two page summary of project accomplishments and
outcomes at project completion, includin� pictures, to be published in the
DEPARTMENT's Annuat Water Quality Financial Assistance Report fol(owing
the DEPARMENT's water quality stories format.
Task 2— Plans and Specificatioos
A. The RECIPIENT wil( submit to the DEPART1�iFN"C's Project Mana�er, a copy of the
Lead Ajency's signed and dated State Environmenta( 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 fo(lowing:
a_ If CultUra( Resources Review (Executive Order 0�-OS) 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 OS-OS) is not complete, the
RECIPIENT will submit a DAHP EZ-1 form to the DEPARTMENT's Project
Mana�er for coordination with the DAI�P on the letter of concurrence.
C. The RECIPIENT will submit ;the Pre-design report to the DEPARTMENT' for review. At comment (�cHS�: rr�a ���ae�
its discretion, the DEPARTMENT may request 60 percent complete design plans for even if not meeting full new and
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 RECIP[ENT within 45 days of receipt
of the plans.
D. The RECIP[ENT will submit final plans and specifications to the DEPARTNtENTs
Project Manager for review. The DEPARTMENT wi(I 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 c�nsistency with the appropriate desijn criteria and grant requirem�nts.
The RECIPIENT must justify significant deviations from the following:
The following Guidance Manual depends on the region that your project is
conducted:
Stormwater Management Manuai for Western Washingtoa (SWMMW�,
orthe
Stormwater Management Manual for Eastern Washington (SWMMEWj,
both can be found at:
http://www.ecy.wa.�.,o�/pro�rams/wq/stormwater/tech.html, or the
Low Impact Development Technical Guidance Manual for Puget Sound
found at: http://www.�sp.wa.�ov/downloads/LIDiLID_manua12005.pdf, or
equivalent design manuals, or
2. Eqaivalent manual as developed by the local jurisdiction and approved by
Ecology.
3. Good engineering practices and �enerally recognized engineering standards.
4. The project pre-design report_
E. The plans, specifications, construction contracC 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 DEP.4R1'MENT 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
(arger 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 legibie.
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 RECIP[ENT will ensure project success
consistent with the design manua! used. The operation & maintenance plan must also
address long term activities to assure ongoing pollutant removai 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 DAI IP; or, 2) the DAHP
EZ-1 form, for DEPARTMENT coordination on compliance with Executive
Order OS-O5.
3. Submit a Pre-design report to the DEPARTMENT.
4. Submit fina( plans and specifications to the DEPARTMENT.
Task 3 — Construction Mana�ement
A. T'he RECIPIENT will provide construction oversight and management of the project.
6
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 wil( be revised and/or
updated whenever major changes occur and at a minimum of every three months. The
REC[PIEN1' will submit the construction schedule to the DEPAR C�IE�; C with the
quarter(y 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 RECIP�NT will submit eliaible change orders that are. a
significant deviation from the DEPARTMENT reviewed pians and specifications in
writing for DEPARTMENT review and approval for payment. All other change orders
must be approved by the DEPARTMENT for technicat merit and should be submitted
within 30 days a�ter execution. Change orders are to be si�ned by the contractor, the
engineer (if appropriate), and the RECIPIENT prior to submittat to the DEPAR�I'MENT
for approval.
E_ Upon comp(etion of construction, the RECIPIENT will provide to the DEP.ARTMENT's
Project Manager a Construction Completion Form si�ned by a professional engineer,
indicating that the project was completed in accordance with the p(ans and specifications
and major change orders approved by the DEPARTMENT's Project En�ineer and shown
on the Record Drawings.
Required Performance:
1. Submit the project construction qualiry assurance pian to the DEPARTMENT.
2. Submit the construction schedule to the DEPAR
3. Submit the signed and dated Declaration of Comp(etion Form to the
DEPARTMENT.
Task 4 — Construction
A. The RECIPIENT will construct a(Inc(ude 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 ofthe construction contract to the DEPARTI�tE�1T.
3.
4_
5 • �
COmme�tt [PB6]: lasert infom�ation
l from Pazt [ V here.
Coitlirle�Yk [P$Zj: Insect iiefosmatio�
on deG�aab[es he�e_
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.
Ifthe low responsive responsible construction bid(s) exceed the engineer's estimate of
construction costs, the DEPARTMENT may approve, if fundin� is available and through
formal amendment to this agreement, funding increases for up to ten percent of the
engineer's ori�inal estimate.
If the low responsive responsibte construction bid(s) come in lower than the engineer s
estimate of construction costs, the DEPARTMENT may reduce the grant amount.
B. Change Orders. If funding is available, the DEPARTMF,NT may approve, throu�h
formai 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 Revie�v. The plans, specifications, construction c�ntract documents, and
addenda must be approved by the RECIPIENT prior to submittal for DEPARTMENT
review.
D. Failure to Commence Work In the event the RECIPIE�IT 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
accomp(ish 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 KECIPIENT must track
and report the force account work submitted to the DEPARTMENT for reimbursement.
PART VL 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: Generat Project Management Requirements for the FY 2011 Stormwater
Retrofit and Lid Competitive Grant Program.
• Attachment I[: 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 correspand to the tiscaf year in which the project is
funded.
• The applicable statutes and regulations.
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 REC[PIENT acknowled�es that they have had the opportiinity to thorouohly review the
terms of this a�reement, the attachments, all incorporated or referenced documents, as well as all
applicab(e statutes, rules, and �uidelines mentioned in this a�reement.
IN WITNESS WI�REOF, the parties hereby execute this agreement:
STATE OF WASHINGTON
DEPARTMENT OF ECOLOGY
KELLY SUSEWIND P.E., P.G. DATE
WATER QUALIT'Y PROGRAM MANAGER
CIT�' OF FEDERAL WAY
',[SIGNATORY NAME]�', [DATE] c«nme�rt(vssl: N�acn;s
[TITLE]
�oro�,��
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 tisted in Executive Order 0�-05 prior to
implementing any project that invo(ves disturbin� soil_ Compliance includes coordinatin� �vith
the Department of Historic and Archeolo�ical Preservation and affected tribes. Executive Order
OS-0� is found at:
http:�;'www.dahp.wa.4ov,'pa�es/EnvironmentalRe4ie�v,�documentsiE00� 05.pdf
The Department of Historic and Archeological Preservation has provided guidance to initiate the
0505 process that can be accessed online at:
http:r`Iwww�.dahp.wa.�ovl�ages/Documents;'EnvironmentalReview.htm and
http:%/�vww.dahp.wa.gOV/paees/EnvironmentalRevie�v/documents!eo050�Gtiidance OOO.�df.
CERTIFICATION REGARDING SUSPEiYSiO�i, DEBARMENT', INELIGIBILITY' OR
VOLUNTARY EXCLUSION
1. The RECIPIENT/CONTRACTOR, by si�ning 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
federa( funds. If the RECIPIENT/CONTRr\CTOR 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 riotice to the
Department if at any time the RECIP[ENTiCONTRACTOR learns that its certification was
erroneous when submitted or had become erroneous by reason of changed circumstances.
3. The terms covered transaction, debarred, suspended, ine(igible, lower tier covered
transaction, participant, person, primary covered transaction, principal, proposal, dnd
vo(untarily excluded, as used in this cfause, have the meaning set out in the Definitions and
Coverage sections of rules implementing Executive Order 12�49. 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 (ower tier
covered transaction with a person who is proposed for debarment under the applicab(e
Code of Federal ReDu(ations, debarred, suspended, dec(ared 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 VOL[JNTARY EXCLUSION" without
modification in ail lower tier covered transactions and in all solicitations for lower tier
covered transactions.
10
Pursuant to 2CFR180.330, the RECIPIENT/CONTRACTOR is responsibie for ensuring
that any lower tier covered transaction complies with certification of suspension and
debarment requirements.
RECIPIENT/CONTRACTOR acknowledges ihat failing to disc(ose the information
required in the Code of Federal Re�ulations may result in the delay or ne�ation of this
funding agreement, or pursuance of legal remedies, includin� suspension and debarment.
RECIPIENT/CONTRACTOR agrees to keep proof in its a�reement file, that it, and all
lo�ver tier recipients or contractors, are not suspended or debarred, and wiU make this proof
available to the Department upon request. RECIPIEI�`T/CONTRACTOR must run a search
in www.ep(s.�ov and print a copy of comp(eted searches to document proof of compfiance.
EDUCATION AND OUTREACH
Before producin� any new matecials for the purpose of education and outreach the RECIPtENT
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 suppty 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 lan�ua�e.
FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA�
REPORTING REQUIREMENTS
In order to comply with the EFATA, the RECIPIENT must complete the FFATA Data
Collection Form and reium it to the DEPARTMENT. The DEPART1UtENT will report basic
agreement information, including the required DUNS number, for ali federally-funded
a�reements at www.fsrs.gov. This information wil( be made available to the public at
www.usaspending.gov. Recipients who do not have a DLJNS number can find guidance at
www.grants.gov . Please note that Ecotogy will not pay any invoices until it has received the
completed FFATA Data Collection Form_
11
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 REC[P[ENT must inform the pub(ic abo�it DEP:�RTVIENT or the Environmental Protection
Agency (EPA) funding participation in this project through the use of project signs,
acknowledgement in pub(ished materials, repoRs, the news media, or other public
announcements. Projects addressing site-specific locatians must utilize appropriately sized and
weather-resistant signs. Si�n logos are available from the DEPARTMENT upon request.
INCREASED OVERSIGHT
If this project is se(ected for increased oversi�ht (as indicated on page 3 of this agreement), the
RECIPIENT must submit all backup documentation �vith each payrnent request submittal_ In
addition, the DEPARTMENT"s Project i�lana�er must establish a sch�dule for additiona( 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 conductin� 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 201 ! Stormwater Retrofit and LID Competitive grants require
cash match only.
Interlocal Match Requirement. The RECCPIENT certifies by signing this agreement that all
negotiated interlocal agreements are consistent with ail 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 3934 RCW Interlocal Cooperation Act
MINORITY AND WOMEN'S BUSINESS PARTICIPAT[ON
The RECIPIENT agrees to solicit and recruit, to the extent possibie, certified minority-owned
(MBE) and women-owned (WBE) businesses in purchases and contracts initiated after the
effective date of this agreement.
Contract awards or rejectioas cannot be made based on MBE or WBE participation. M/WBE
participation is encouraged, however, and the RECII'IENT and all prospective bidders or persons
12
submitting qualifications shouid take the following steps, when possibie, in any procurement
initiated after the effective date of this agreement:
a) Inctude qualified minority and women's businesses on solicitation tists.
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 masimum participation by qualified minority and women's
businesses.
d) Establish delivery schedules, where work requiremznts 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 F3usiness
Enterprises (OMWBE) and the Office of Ntinority Business Enterprises of the U.S.
Department of Commerce, as appropriate.
The RECIPIENT must report to the UEPARTMENT 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 quali6ed firni
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 (east quarterly but no more often
than monthly, unless allowed by the DEPARTMENT's Financial Manager. The
DEPARTMENT's Financial Manager may require the RECIPIF,NT to submit regular payment
requests to ensure efficient and timely use of funds.
Su�porting Documentation. The REC[PIENT must submit all payment request vouchers and
supportive documentation to the DEPARTMENI"s Financial Manager. Payment request
voucher submittals are based on match requirements found in the budget.
Required Forms.
Any Match Combination
Form A19-lA (original signature)
Form Bl (ECY 060-3)
Form C 1 (ECY 060-8)
Form D (ECY 060-I 1)
Cash Only Match
Forn1 A19 (original signature)
Form B2 (ECY 060-7)
Eorm C? (ECY 060-9)
Form D (ECY 060-11)
Where A�plicable
Form E (ECY 060-12)
Form F (ECY 060-13)
Form H (F-2l)
Form I (ECY 060-15)
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Reporting eligible costs_ The RECIPIENT must report all etigible costs incurred on the project,
regardless of the source of funding for those costs. This includes costs used as match. All
eligible and ineligib(e'project costs must be separate and identifiable.
Reimbursements. Payments will be made on a cost-reimbursab(e basis_
POST PROJECT ASSESSNIENT
The RECIPIENT agrees to submit a brief survey regarding the key project results or water
quality project outcomes and the status of lona-term environmental resu(ts or goals from the
project three years after project completion.
The DEPARTMENT's Water Quality Program Performance Measures Lead wilf contact the
RECIPIENT before the Post Project ,Assessment date to request this data.
The DEP.ARTNfENT may a(so conduct site interviews and inspections, and may otherwise
evaluate the Project, as part of this assessment.
PROCUREMENT
The RECIPIENT certifies by signin� this agreement that all applicable requirements have been
satisfied in the procurement of any professionai 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.
ReQortin� Periods.
• January 1 through March 31
• April 1 through June 30
• July i through September 30
• October 1 through December 31
Reporting Due Date. Quarteriy progress reports are due 15 days following the end of the quarter.
Report Content. At a minimum, a(1 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.
REQU[RED DOCUMEIYT SUBNIITTALS
T'he RECIPIENT must submit the following documents to the DEPARTMENT as requested by
the DEPART'MENT's Project Manager or Financial Manager:
• Draft project completion reports — up to three copies
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• Electronic copy of final project completion report — one copy
• Final project completion reports — up to eight copies
• Final project compietion reports of statewide signif►cance — 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 DEP:�RZ':�tENT's Pinancial l�lana�er
• Professional services procurement agreements — i copy to the DEP�RTMENT's
Financia( Manager
Addikional Required Document Submitta(s for the Federal Clean Water Act Section 319 Funded
Projects and Centennia( projects used by the DEPARTMENT to satisfy its Section 319 matching
requirement.
• Federal Clean Water Act Section 319 Grant Data Reporting Form — I copy to
DEPARTMENT's Financial Ntanager durir.� the first quarter followintr the effective date
of the agreement
• Federal Ctean Water Act Section 3 l9 Grant Load Reductions Reporting Form — 1 copy to
the DEPARTMENT's Financial Manager by January 15 of each year.
WATER QUALITY MONITORING
Qualit�Assurance Project P(an (QAPP). Prior to initiating water quality monitoring activities,
the RECIP�NT must prepare a Quality Assurance Project P(an (QAPP). The QAPP must
fo(low the DEPARTMENT's Guidelines and Specifications for Preparing Qua[ity Assurance
Project Plans for Environmental Studies, February 2001 (Ecology Publication No. O I-03-003).
The applicant may also reference the Technica! Guidance for Assessing the Qa�ality ofAgz�atic
Environments, revised February 199-} (Ecology Publication No. 91-78) or more current revision,
in developing the QAPP_
The RECIPIENT must submit the QAPP to the DEPARTMENT's project mana�er 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 Environmenta( Assessment Program's website, available at:
http:� •''w�w�v.ecy.wa.�ov; pro<,rams/ea�/lab-accreditation.html
The RECIPIENT should manage all monitoring data collected or acquired under this agreement
in order to be avai(able to secondary users and meet the "ten-year rule.° The ten-year ru(e 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
quatity assurance measures taken ten years after data are coilected.
15
Monitoring Data Submittal / Environmental Information Mana�ement Svstem. 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:/Iwww.ecv.wa. Qov/eim
The data submittal portion of the EIM website provides information and help on formats and
requirements for submittin� tabular data. Specific questions about data submittal can be directed
to the EIM Data Coordinator, currently available at:
eim data coordinator!a�ec .� wa•<�ov
If GIS data is collected, Ecoiogy data standards are encouraged. An Eco(o�y Focus Sheet
entitled G!S Data und Ecology Grants (Publication No. 98-1812-SEA) out(ines the standards.
Common standards must be used for infrastructure details, such as �eoQraphic names,
Geographic Information System (GIS) coverage, list of inethods, and reference tabies.
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 accomptished by the RECIPIENT
and REC[PIENT's employees. The RECIPIENT shall on(y use contractor/consultant assistance if
that has been included in the a�reement's final �cope of work and bud�et_
B. SUBGRA.I�IT'EE/COI�ITRACTOR COtiTPLIANCE
The RECIPIENT must ensure that all sub�rantees and contractors comply with the terms and
conditions of this agreement.
C. THIRD PARTY BENEFICIARY
The RECIPIENT shall ensure that in ail subcontracts entered into by the RECIPIF,NT 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 enjineering
services sha(I be awarded through a competitive process, if required by State law. RECIP[ENT
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 RECIP[ENT arisin� under ihis a�reement shall be transferred or
assigned by the RECIPIENT.
F. COMPLIANCE WITH ALL LAWS
i. The RECIPIENT shal( comply fully with all applicable Federal, State and (ocal laws, orders,
regu(ations and permits. Prior to commencement of any construction, the RECIPIENT shalf
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 DEP.4RTMENT the percent of QranG'loan funds availab(e 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.
i7
4. Industrial Insurance. The RECIPIENT certifies full compliance with all applicable state
industria! insurance requirements. If the RECIPIENT fails to comply with such iaws, the
DEPARTMENT shail have ihe right to immediately terminate this agreement for cause as
provided in Section K.1, herein.
G. KICKBACKS
The RECIP(ENT is prohibited from inducin� by any means any person emp(oyed or othenvise
involved in this project to jive up any part of the compensation to which he; she is otherw�ise
entit(ed or, receive any fee, commission or �ift in return for award of a subcontract hereunder.
H. AUDITS AND INSPECTIONS
L The RECIP[ENT shal( maintain complete pro�ram and financial records relating to this
agreement. Such records shall clearly indicate total receipts and expenditures by fund source
and task or object. All �anuloan records shall be kept in a manner which provides an audit
trail for all expenditures. All records shall be kepY in a common file to facilitate audits and
inspections.
Engineering documentation and fietd inspection reports of all construction work
accomplished under this agreement shall be maintained by the RECIPIENT.
2. All �rant/loan records shall be open for audit or inspection by the DEPARTMENT or by any
duly authorized audit representative of the state of Washingion far a period of at least three
years after the fina( grant paymenvloan 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- l33 (Audits of States, Local
Governments & Non Profit Organizations), includin� the compliance Supplement to OMB
Circular A-133, if the RECIPIENT expends $�00,000 or more in a year in Federal funds. The
$500,000 threshold for each year is a cumutative total of all federal funding from all sources.
The RECIPIENT must forward a copy ofthe 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 aiso
report in writin� 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,
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April i through June 30, July 1 through September 30, and October 1 through December 3 i.
Reports sha(I be due within 30 days following the end of the quarter being reported.
J. COIV�PENSATION
1. Method of compensation. Payment shall normally be made on a reimbursable basis as
specified in the grant a�reement and no more often than once per month. Each request for
payment will be submitted by the EZECIPIENT on State voucher request torms provided by
the DEPARTMEN"C along with documentation of the expenses. Payments sha(1 be made for
each task/phase of the project, or portion thereof, as set out in the Scope of Work when
completed by the RECIPI�NT and approved as satisfactory by the Project Officer. The
payment request form and supportive documents must itemize a(1 allowable costs by major
elements as described in the Scope oY Work.
Instructions for submitting the payment requests are found in "Administrative Requirements
for Ecology Grants and Loans", part [V, published by the DEPARTMENT. A copy ofthis
document shall be fiarnished to the IZEC[PIE�1T. When payment requests are approved by the
DEPARTMENT, paym�nts will be made to the mutually agreed upon desi�nee. Payment
requests shall be submitted to the DEPARTMENT and directed to the Project Officer
assigned to administer this agreement.
2. Period of Compensation. Payments shali 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 ofthis agreement, uniess 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 ( i�) 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 RECIP[ENT'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. Ali 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 REC�[ENT.
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 shail be allowed unless provided for
in the Scope of Work hereunder.
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K. TERMINATION
l. 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 andlor terminate this a�reement by giving �vritten notice of
termination.
A written notice of termination shall be given at least five workin� days prior to the effective
date of termination. [n that event, afl finished or unfinished documents, data studies, surveys,
drawings, maps, models, photographs, and reports or other materiais prepared by the
RECIPIENT under this agreement, at the option of the DEPARTi�tENT, sha(I become
Department property and the RECIP[ENT shall be entitled ko receive just and equitab(e
compensation for an� satisfactory work completed on such documents and other materiats.
Despite the above, the RECIPIENT sha(I 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 a�reement by the RECIP[ENT. The DEPARTMENT
may withho(d 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 obli�ation of the DEPARTMENT to make payments is contingent on
the availability of state and federal funds Through legislative appropriation and state
aliotment. When this a�reement 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 shalt be good cause to terminate this agreement
as provided in paragraph K 1 above.
When this agreement crosses the RECIPIENT's fiscal year, the obli�ation 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 Comrnence 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 a�reement_
L. WAIVER
Waiver of any REC[PIENT default is not a waiver of any subsequent defauh. 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 writin� by the
authorized representative of the DEPARTMENT.
M. PROPERTY RIGHTS
1. Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or
invents any patentab(e property, the RECII'IENT may copyright or patent the same but the
20
DEPARTMENT' retains a royalty-free, nonexclusive and irrevocab(e 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 (ocal government purposes_ Where federal funding is involved, the
federal govemment 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. Pub(ications. When the RECIPIE��T or persons employed by the RECIP[ENT use or publish
information of the DEP �RT'ME�T; pr�sent papers, lectures, or seminars involvin�
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.
�. Tangib(e Property Ri�hts. The DEP.ARTMENT's current edition of "Administrative
Requirements for Ecology Grants and Loans", Part V, shail control the use and disposition of
all real and personal property purchased wholly or in paR with funds fumished by the
DEPARTMENT in the absence of state, federal statute(s), regulation(s), or policy(s) to the
contrary or upon speciEic instructions with respect thereCo in the Scope of Work.
4. Personal Property Furnished by the DEPAR I'MENT. VVhen 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. [f said
property is lost, sto(en or damaged while in the EZECIPIENT's possession, the
DEPARTMENT shall be reimbursed in cash or by setoff by the RF,CIPIENT 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 faci(ities is fair and reasonable.
b. The RECIPLENT shali provide satisfactory evidence of title or ability to acquire
title for each parce( prior to disbursement of funds provided by this agreement.
Such evidence may include title insurance policies, Torrens certificates, or
abstracts, and attorney's opinions estabfishina 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 DEPARTI�tENT oT 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 Washingtods natural resources and ecosystems, the RECIPIENT is
encouraged to implement sustainable practices where and when possible. These practices include
21
use of clean energy, and purchase and use of sustainably produced products (e.g., recycled
paper). For more information, see http://www.ecv.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 a�reement including the satisfactory completion of the
project described in the Scope of �1'ork [n the zvent the REC[PtE?vT' fails, for any reason, to
perform obli�atio�s required of�it by this agreement, the RECIPIENT may, at the
DEPARTMENT's sole discretion, be required to repay to the DEPARTMENT all grandloan
funds disbursed to the RECIPIENT for those parts of the project that are rendered worthiess in
the opinion of the DEPARTMENT by such faiture to perform. Interest sha11 accrue at the rate of
twelve percent per year from the time the DEP.�RTI�tENT demands repayment of funds. [f
payments have been discontinued by the DEPARTl�tENT due to insufficient funds as in Section
K? above, the RECIP[ENT shall not be obligatcd to repay monies which had been paid to the
RT:CIP[ENT prior to such termination. Any property acquired under this agreemerit, at the option
ofthe DEPARTMENT, may become the DEPARTti1ENTS pr�perty and the KECIPIENT"S
liabi(ity to repay monies sha(l 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
RECIP[ENI' shall be subject to the review a�d 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 a�reement which is not disposed of in writing sha(t be decided by the Project Officer
or other designated officiaf who sha(( 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 shal( 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 Directar will not be sou�ht before either the Pollution Control Hearings
Board or the Shoreline Hearings Board. Pending final decision of dispute hereunder, the
RECIPIENT shall proceed diligentiy with the performance of this agreement and in accordance
with the decision rendered.
22
R. CONFLICT OF INTEREST
No officer, member, agent, or employee of either party to this agreement who exercises any
function or responsibiiity in the review, approval, or carrying out ofthis agreement, shalt
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 a�reement or the
proceeds thereof.
S. INDEMNIFICATION
L The DEPARTMENT shall in no way be held responsible for payment af salaries, consultanYs
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 Washin�ton permit, each party
shall indemnify and ho(d the other harmless from and against any liability for any or al!
injuries to persons or property arising from the negligent act or omission af that party or that
party's a�ents or employees arising out of this agreement.
T. GOVERNING LAW
This agreement shall be joverned 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 heid invalid, such invaGdity 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) app(icable
Federal and State statutes and regulations; (b) Scope of Work; (c) Speciai 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
COUNCIL. MEETING DATE: June 21, 2011
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
ITEM #• C'_-
SUBdECT: Acceptance of Grant Funding for Transportation [mprovement Projects
POL[CY QUEST[ON 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
COMM[TTEE: Land Use and Transportation Committee
CATECORY:
� Consent ❑ Ordinance
❑ City Councit Business � Resolution
MEET[NG DATE: June 13, 2011
❑ Public Hearing
� Other �
STAFF REPORT BY: Marwan Salloum, P.E., Deputy Public Works Directo
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 [mprovements and the Mark Twain Elementary School Safe Route to School Improvements.
_ _ _ _ _ _ _ _ _ _. _ ____ __ __ _.._....
MAYOR'S RECOMMENDAT[O�Y: The Mayor recommends forwarding Option 1 to the June 21, 2011 Council Consent
A enda for a roval.
,�
MAYOR APPROVAL: �7�� `� '������ D[RECTOR APPROVAL: ��� ��
Committee Counal Committee Council
COMMCCTEE RECOMMB�IDAT[ON: Committee recommends forwarding Option 1 to the June 21, 2011 Council
Consent Agenda for approval. � „
Linda Kocl�mar, Chair /� Jim �errell, Member / Jao c�'��, Member
PROPOSED COUNCIL MOTION: "I mo!t�e�t'o approve the attached resolution to accept �eral Grant Funding for the
Laicota Middle School Safe Route to Se�ool Improvements and the Mark Twain Elementary School Safe Route to
School Improvements."
TO BE COMPLETED BY CITY CLERKS
COUNCIL ACTION:
❑ APPROVED
❑ DENIED
� TABLED/DEFERRED/NO ACTION
❑ MOVED TO SECOND READING (ordrnances only)
REVISED — 02/06/2006
K:\couacillagenda bills\201 U06-i3-11 Acceptance of Grant funding.doc
COUNCIL BILL #
1� reading
Enactment reading
ORDINANCE #
RESOLUTION #
CITY OF FEDERAL .WAY
MEMORANDUM
DATE:
TO:
VIA:
FROM:
SUBJECT:
June 13, 2011
Land Use and Transportation Committee
Skip Priest, Mayor �
Cary M. Roe, P.E., Director of Parks, Public Works an gency agement ���
Marwan Salloum, P.E., Deputy Public works Director
Acceptance of Grant Funding for Transportation Im ent 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 Estimated Grant Fund Required
Project Cost City Match
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 Schoo(
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 14'�'
Ave SW and SW 312`�' Street.
Project File
Day File
$386,057
$859,080
$386,057
$859,080
$0.00
E,� ��
K:\LUTC�2011\06-13-11 Acceptance of Grant Funding for Transportation Projects.doc
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 Locai Agency Agreement; and
WHEREAS, by accepting said grant the City of Federal Way agrees to execute
the Local Agency Agreement; and
WHEREAS, No local match is required far the City of Federal Way to accept this
grant.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL
WAY HEREBY RESOLVES AS FOLLOWS:
Resolution No. 11- Page 1 of 3
Rev 1/10
Section 1. Execution of Acce�tance of the Local A�y Agreement.
The Mayor or his designee is hereby authorized to execute the Local Agency
Agreement regarding the Lakota Middle School Safe Route to Schoo( 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 E(ementary 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. Severabilitv. 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 authoriry and prior to the
effective date of this resoiution is hereby ratified and affirmed.
Section 6. Effective Date. T'his 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. 11- Page 2 of 3
Rev 1/10
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. 11- Page 3 of 3
Rev 1/10
�►
Washi�gton State
�� Deparhnent of TMansportat'wn
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.
WSDOT Use
Agreement No.
The Local Agency having complied, or hereby agreeing to comply, �vith the terms and conditions set forth in (1) �Citle 23, U.S_ Code Highways, (2)
the regulations issued pursuant thereto, (3) O�ce of Management and Budget Circulars A-102, A-87 and A-133, (4) the policies and procedures
promulgated by th� Washington State Department of Transportation, and {5) the federal aid project agreement entered into between the State and
Federal Government, re(ative to the above project, the Washington State Department of Transportation wi(I authorize the Local Agency to proceed on
the projzct by a separate notitication. Federa( funds �tihich are to be obligated for the project may no[ exceed the amount shown herein on line r,
column 3, without written authority by the Stake, sub�ect to the approval of the Federal f{ighway Administration. All project costs not reimbursed by
the Eederal Govemment shall be the responsibility of the Local Agency.
Project Description
Name Lakota Middle School - Safe Route to Schoo( Pro
Termini
Description of Work
Length 0.18 mi
This Project will install a new signal with an exclusive a(1 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, 6' 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
Es timate of Fun ding
Type of Work i ��� -- �2� � (3>
; Estimated Total Estimated Agency Estimated
! Project Funds Funds Federal Funds
PE a A�ency ----- � -
100 % b. Other _ Consuitant —r
-----
___-- �_ _._ ___ 2 00,000 _00 __ _ _ _ 0.00 2 00 000.00
------- --
c.Oth ------- —I-._. — � —
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. A gency - - —___ -- I
% _ �
— - - _�- Other - _ _ ------
_-- - __ -- �--
h. Other
Federal Aid �. State �_
Participation ------ --- ----------
Ratio for RW . Total R/W Cost Estimate f+ +h+i � I
Construct+on k. Contract
I. Other
m. Other
n. Other
% o. A enc
Federal Aid . State
Pa�ticipation -
Ratio for CN . Total CN Cost Estimate k+�+m+�+o+
r. Total Pro'ec# Cost Estimate e+•+ 200 000.00 200 000.00
Agency Official
By
Title �ki P n riett,���r
Washington State Department of Transportation
Sy
Director of Highways and Local Programs
Date Executed
DOT Fortn 140-039 EF
Revised 05/09
Construction Method of Financing (Check Method SelectedJ
State Ad and Award
❑ Method A- Advance Payment - Agency Share of total construc6on cost (based on contract award)
❑ Method B- Withhold from pas tax the AQencv's share of total construction cost (line 4, column 21 in the amount of
E�
at $
per month for
months.
Local FQrce or Local Ad and Award
� Method C- Aaencv cost incurred with oartial reimbursement
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
Provisions
1. Scope of Work
201 1 , Resolution/Ordinance No.
The A�ency shall provide all [he work, labor, materials, and services
necessary' to pertorm the project which is described and set forth in detail in the
"Project Descrip[iod' 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 [he right of control
by [he Agency, the State shall have the right to perform the work subject to the
ordinary procedures of the State and Federal Etighway Administration.
II. Delegation of Authority
The State is willing to fulfil the responsibilities to the Federal Government
by the administra[ion of this project. The Agency agrees that the State shall
have the full authority to carry ou[ [his administration. The State shall review,
process, and approve documents required for tederal aid reimbursement in
accordance with federal requirements. If the State advertises and awards the
contract, the State �vill 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 [o ensure conformity wiW 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 .Agenc} and described in the 1)pz uP Work above.
In addition, [he State will fumish qualified personnel for the supervision and
inspection of the work in progress. On Local Agency advertised and awazded
projects, the supervision and inspection shall be limited to ensuring all work is
in conformance with approvzd plans, specitications, and tederal aid
requirements. The salary of such engineer or other supervisor and a11 other
salaries and wsts incurred by State forces upon tfie projecL will be considered a
cost thereof. Al( costs related to this project incurred by employees of the State
in the customary manner on highway payrolls and vouchers shall be charged as
cosis of the project.
IV. Availability of Records
All project records in suppoR of all costs incurred and actual expenditures
kept by the Agency are to be maintained in accordance with local govemment
accounting procedures prescribed by the Washington State Auditor's Office, the
U.S. Department of Transportation, and the Washington State Department of
Transportatioa The records shall be open to inspection by the State and Federal
Govemment 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
fumished 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:
1. Preliminary engineering.
2. Right of way acquisition.
3. Project construction.
In the event that right of way acquisition, or ac[ual consiruction of the road,
for which preliminary engineenng is undertaken is not started by the closing of
the tenth fiscal yeaz 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 [X).
The Agency agrees that all stages of construction necessary to provide the
initially planned complete faciliry within the limits of this project will conform
to at least the minimum values set by approved statewide design standards
applicable [o this class of highways, even though such additional work is
financed without federal aid paRicipation.
"Che Agency agrees that on federal aid highway construction projects, the
current federal aid regulations which apply to liquidated damages rela[ive 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 [ime.
VI. Payment and Partial Reimbursement
The total cost of the project, including all review and engineering costs and
offier expenses of the State, +s to be paid by the Agency and by the Federal
Government. Federal funding shall be in acwrdance with the Federal
TranspoRation Act, as amended, and Office of Management and Budget
circulars A-102, A-87 and A-i33. The State shall not be ultimately responsible
for any of the costs of the project. The Agency shall be ultimately respunsible
for aU costs associated with the project which are not reimbursed by the
Federal Govemment. Nothing in this agreement shall be conswed as a
promise by the State as to the amount or nature of federal paRicipation 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 overfiead shall not be eligib(e for federal
participation unless a current indirect cost plan has been prepazed in
accordance with the regulations outlined in the federal Office of Managemeat
& 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 Govemment for reimbursement of
those costs eligible for federal participafion to the extent that such costs are
attributable and properly allocable to this project. The State shall bill the
Agency for that portion of S[ate costs which were not reimbursed by the
Federal Govemment (see Section IX)_
Project Coostruc6on Costs
Project construction financing will be accomplished by one of the three
methods as indicated in this agreement.
DOT Form 140-039 EF
Revised 05/09
Method A— The Agency wiil place with tfie State, within (20) days after the
execution of the construction contract, an advance in the amount of the
Agency's shaze of the total construction cost based on the contract awazd. The
State wili notify the Agency of the exact amount to be deposited with the State.
The State wiil pay all costs incurred under the contract upon presentation of
progress billings from the contractor. Folfowing such payments, the State will
submit a bi(ling to the Federal Government for the federal aid participaiion
share of the cost. When the project is substantiaily completed and final actual
cost� of the project can be determined, the State wifl present the Agency with a
final billing sho�cing the amount due the State or the amount due the Agency.
�Chi: billin� wi±l be cleared b}� either a pay�ment from the Agency to the State or
by a retimd from Ihe State to �he Agency.
Nie[hod B— The Agency's share oY the rotal consiruction cost as shown on
the face of this agreement shall be withheld from its monthly fuel tar
allotments. The tace ot thi� a�reement establishe; the months in which the
withholding shall take place and the exact amount to be withheld each month.
The extent of withhoiding will be confirmed by letter from the State at the time
of contract a�vard_ Upon receipt of progress billinos from the contractor, the
State will submit such billings to the Federal Govemmznt fo� payment of its
participating portion ofsuch billings.
:�tethod C— The Agency may submit vouchers to the State in the formai
prescribed by the State, in duplicate, not more than once per month for those
wsu eligible for Federal paRicipation to the extent that such cosu are directly
a[tributable and properly allocable to this project. Expenditures by the Local
A�ency for maintenance, geaeral admioistration, supervision, and other
overhead shall not be eligible for Federal participation unless claimed under a
previously approced indirect cost plan.
The State shall reimburse the Agency for the Federal shaze of e(igible project
costs up to the amount shown on the face of this agreement. At the time of
audit, the Agency will provide documentatioo of al( 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 �genc}' tbr the federal funds paid by the
State to the Agency for project costs which are subsequently determined to be
ineligible for federal par[icipation (see 5ection IXj.
VII. Audit of Federal Consultant Contrects
The Agency, if services of a consultant are required, shall be responsible for
audit af the consultanYs records to determine eligible federal aid casts on the
projec[. The report of said audit shall be in the Agency's files and made
available [o the State and the Federal Govemment.
An audit shall be conducted by the WSDOT [ntemal 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-�Q Consultan[ Authorization,
Selection, and Agreement Administration; memoranda of understanding
between WSDOT and FHWA; and Oftice of �'�lanagement and Budget Circular
A-133.
[f upon audit it is found that overpaymeat or participation of federal money
in ineligible items of cost has occurred, the Agency shall reimburse the State for
the amount of such ovecpayment or excess participation (see Section [X).
VIII. Single Audit Act
The Agency, as a subrecipient of federal funds, shall adhere to the federal
Office of Management and 8udget (OMB) Circular A-133 as well as all
applicabie 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 wiYh the provisions of OMB Circulaz A-133. Upon wnclusion 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 re(ative to the project (e.g., State force work, project cance(lation,
overpayment, cost ineligible for federal participation, etc.) is not made to the
State within 4S days atter the Agency has been billed, Yhe State shall effect
reimbursement of the total sum due from the regular monthly fuel tvc
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.
X. Traffic Control, Signing, Marking, and Roadway
Maintenance
The Agency will not permit any changes to be made in Yhe provisions for
parking regulations a�d traffic control on this project without prior approval of
the StaYe and Federal Highway Administratioa The Agency will not instali or
permit to be installed any signs, signals, or markings not in conformance wiih
the standards approved by the Federal Highway Administration and MUTCD.
The Agency will, at its own expense, maintain the improvement coyered by
thu agreement.
XI. Indemnity
The Agency shall hold the Federal Govemment and the State hazmless from
and shall process and defend at i[s own expense all claims, demands, or suits,
whether ai law or equity brought against the Agency, State, or Federal
Go�emment, arising from the Agency's execution, performance, or failure to
perform anq of the provisions of this agreemen[, or of any other agreement or
contract connected with this agreement, or arising by reason of the
participa[ion of [he State or Federal Govemment in the project, PROVIDED,
nothino herein shall require ihe Agency to reimburse the State or the Federal
Govemment for damages arising out of bodily injury to persons or damage to
property caused by or resulting from the sole negligence of the Federal
Govemment or the State.
XII. Nondiscriminatio� Provision
No liability shall attach to the State or Federal Govemment except as
expressly provided herein.
The Agency shall not discriminate on the basis of race, color, national
orig�n, 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
requiremenu of 49 CFR Part 26. The Agency shall take all necessary and
reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the
awazd 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. [mplementation of
[his program is a legal obGgation and failure to carry out its [erms shatl be
treated az 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 l8 U.S.C. 1001 and/or the Program Fraud Civil
Remedfes Act of 1986 (31 U.S.C. 3801 et seq.).
The Agency hereby agrees that it will incorporate or cause to be
inwrporated into any contract for co�struction work, or modification thereof,
as defined in the rules and regutations of the Secretary of Labor in 41 CFR
Chapter 60, which is paid for in whole or in part wi[h 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 i273), located in Chapter 44 of the Local Agency GuideGnes.
The Agency fuRher agrees that it will be bound by the above equal
opportu�ity 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 Govemment, the above equal
opportunity clause is not applicable ta aoy agency, instrumentality, or
subdivision of such government which dces not participate in work on or under
the contract.
The Agency also agrees:
(i) To assist and cooperate actively with the State in obtaining the
compliance of contractors and subcontractors witfi the equal opportunity clause
and ru(es, regulations, and relevant orders of the Secretary of Labor.
(2) To fumish the State such information as it may require for the
supervision of such compliance and that it wiil otherwise assist the State in the
discharge of its primary respoasibility for securiag compliance.
(3) To refrain from entering into any contract or contract modification
subject ta Executive Order 11246 of September 24, 1965, with a contractor
debarred from, or who has not demonstrated eligibility for, govemment
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 contractots and subcontractors by
the State, Federal Highway Administration, or the Secretary of Labor pursuant
to Part II, subpart D of the Executive Order.
DOT Fortn 140-039 EF
Revised 05/09
[n addition, the Agency agrees Yhat if it fails or refuses to comply with these
undertakings, the State may take any or al( of the following aciions:
(a) Cancel, terminate, or suspend this agreement in whole or in part;
(b) Refrai� 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
(c1 Refer the case to the Department of Justice for appropriate legal
proceedings.
XIII. Liquidated Damages
The Agency herebv agrees that the liquida[ed damages provisions of 23 CFR
Part 63�, Subpart 127, as supplemented, refative to the amount of Federal
participation in the project eo�t, shall be applicable in the z�ent the contractor
fails to complete the contract u�ithin the contract time. Failure to inc(ude
liquidated damages provision will nat relieve the Agency from reduction of
federal participation in accordance with this paragraph.
XIV. Termi�ation for Public Convenience
The Secretary of the Washington State DepaRment ofTransportation may
terminate the contract in whole, or from time to time in par[, whenever:
(l) The rzquisite federal funding becomes unavailable through failure of
appropriation or otherwise.
(2) The conVac[or is prevented from proceeding wi[h 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 Govemor of the State with respect to the preservation of energy resources.
(3) The contractor is prevented Crom proceeding with the work by reason of
a pre(iminary, special, or permanent restraining order of a court of competent
jurisdiction where the issuance af 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.
XV. Venue for Claims andior Causes of Action
For the comenience of the parties to this contract, it is ageed 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. Ce�tification 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
( I) No federal appropriated funds have been paid or will be paid, by or on
behalf of the undersigned, to any person for intluencing or attempting to
influence an of£cer 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, [he making of any federal loan, the enYering into of any
cooperative agreement, and the extension, continuation, renewal, amendmen�
ar modification of any federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than federal appropriated funds have been paid or witl
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 Fortn to Report
Lobbying," in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be
included in the award documen[s for all subawazds at all tiers (including
subgrants, and contracts and subcontracts under grants, subgrants, loans, and
cooperative agreements) which exceed $i0Q00Q 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 in[o this transaction
imposed by Section t352, Titte 31, U.S. Code. Any person who fails to file the
required certification sha(l be subject to a civil penalty of not (ess than $10,000
and noi more than $100,000 for each such failure.
Additional Provisions
DOT fortn 140-039 EF 4
Revised 05/09
�
�// D�ep ���ne�M�7'�nsportation
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
Che Local Agency� having complied, or hereby agre�ing [o comp(y, with the terms and conditions set forth in (l) Title 23, U.S. Code Highways, {2)
the regulations issued pursuant thereto, (3) Oftice of Management and Budget Circulars A-(02, A-87 and A-133, (4) the policies and procedures
promulgated by the W'ashington State Department of Transportation, and (�) the federal aid project agreement entered into between the State and
rederal Go� ernment, 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 funcis �chich 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 T�tiain E(ementary School - Safe Route to School Program �.ength 0.03
Termini
Description of Work
This Project wil( install the following:(1) Advanced 20 mph Solar School Zone Ftasher, (1) Advanced School Zone
Sign, (2) Solar Powered LED Rectangular-shaped Rapid Flashing Beacons (RRFB) at the school zone crossing on Star
Lake Itoad, (2) Advanced School Gossing 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
Type of Work
PE
100 ° 10
Federal Aid
Participation
Ratio for PE
Right of Way
%
Federal Aid
Participation
Ratio for RW
Construction
%
Federal Aid
Participation
_a-�e��!__ _
--- -- --- ----
__b, Other Consultant ___
c. Other
d. State __ __ _
e. Total PE Cost Estimate la+b+c�
_g_ Other ___ ____
h_ O ther
-- – __--__
i. State
j. Total R/W Cos
k. Contract
I. Other
m. Other
n. Other
o. Agency
p. State
a. Total CN Cost
r.
Agency Official
By
Estimate of Fundii
— (�) �
Estimated Total Estimated Agency
Proiect Funds Funds
(3)
Estimated
Federal Funds
1
Washington State Department of Transportation
By
Title �ki Pl'IPSY Maynr Director of Highways and Local Programs
Date Executed
DOT Form 140-039 EF
Revised 05/09
Construction Method of Financing (CheckMethodSelected)
State Ad and Award
❑ Method A- Advance Payment - Agency Share of totai co�struc6on cost (based on contract award)
❑ Method B- Withhold from Qas tax the Aqency's share of total construction cost (line 4, column 21 in the amount of
$
at $
per month for
months.
Local Force or Local Ad and Award
❑ Method C- Aoencv cost incur�ed with oartial reimbursement
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 actian on
, Resolution/Ordinance No.
Provisions
I. Scope of Work
The Age�cy shall provide all the work, labor, materials, and services
necessary to perform the project ivhich is descnbed and set forth in detail in the
"Project Uescription" 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 i�'ork" on [he 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 wntrol
by [he Agency, the State shall have the right to perform Ihe work subject to the
ordinary procedures of the State and Eederal Highway Administration.
li. Delegation of Authority
The State is willing to fulfill the responsibi(ities to the Federal Government
by the administration of this project. The Agency agrees tha[ the State shall
have the full authority to carry out this administration. The �tate shall review,
process, and approve documents required for federal aid reimbursement in
accordance with federal requirements. [f Ihc State advertises and awazds the
contract, the State will fuRher act for the Agency in all matters conceming the
project as reques[ed by the Agency. [f the Local Agency advertises and awards
the project, the State shall review the work to e�nsure conformity with the
approved plans and specifications.
III. Project Administration
CeRain types of work and services shall be provided by the State on this
project as requested by the Agenc� and described in khe T}pe of Work abovz.
[n addition, the State will fumish qualified personnel for the supervision and
inspection of the work in progress. On Local Agency adveRised and awarded
projects, the supervision and inspection shall be limited to ensuring all work is
in conformanee with approved plans, specificadons, and federal aid
requirements. The salary of such engineer or other supervisor and all o[her
salaries and costs incurred by State forces upon the project will be considered a
cost thereof. Atl wsts 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
AU project records in support of all costs incurred and actual expenditures
kept by the Agency are to be maintained in accordance with local govemment
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 shal! be open to inspection by the State and Federal
Govemment at a11 reasonable times and shali be retained and made available for
such inspection for a period of not less than three years from the finai payment
of any federal aid funds to the Agency. Copies of said records shall be
fumished to the State and/or Federal Govemment upon request.
V. Compliance with Provisions
The Agency shatl not incw 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:
L Preliminary engineering.
2. Right of way acquisition.
3. Project construc[ion.
[n the event that right oEway acquisition, or actual construction of the road,
for which preliminary engineering is undertaken is no[ staRed by the closing of
the tenih fiscal year following the fiscal year in which ffie agreement is
executed, the Agency will repay [o the S[ate the sum or sums of federal funds
paid to the Agency under [he terms of this agreement {see Section [X).
The Agency agrees that all stages of construction necessary to provide the
initially planned complete faci(iry within the limits of this project will conform
to at (east the minimum values set by approved statewide design standazds
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 [o liquidated damages relative to
the basis of federal paRicipation in the project cost sha(I be applicable in the
event the contractor Yails to complete khe contract within the contract [ime.
VI. Payment and Partial Reimbursement
The [otal cost of the project, including ali review and engineeri�g costs and
other expenses of the State, is to be paid by the Agency and by the Federal
Govemment. Federat funding shall be in accardance with the Federal
Transportation Act, as amended, and Office of Management and Budget
circulars A-102, A-87 and A-(33. 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 Govemment. 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 bitl 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 sid funds and subsequent payment
of incurred costs. ExpendiYures 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 oudined 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
aitributable and propedy allocable to this project. The State shall bill ihe
Agency for that poRion of State costs which were not reimbursed by the
Federal Govemmeat (see Section [X).
Project Construction Costs
Project coastruction financing will be accomplished by one of the three
methods as indicated in this agreement_
DOT Form 140-039 EF
Revised 05/09
Method A— The Agency will place with the State, within (20) days atter the
execution of the construct�on contract, an advance in the amount of the
Agency's share of the totai construction cost based on the contract awazd. 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 preseatation of
progress billings from the contractor. Following such payments, the State will
submit a billing to the Federal Govemment for the federai aid paRicipation
share of [he cost. When the project is substantially completed and final actual
costs uf the project can be determined, the State will present the Agency with a
final billing showing the amount due thz State or the amount due the Agency_
Thi; billing ��ill be cleared b} either a pacment from the .A�ency to the State or
b� a refund tiom the State to the .4genc�.
Method B— Thz Agency's share of the total construction cost as shown un
the face of this agreement shall be wi[hheid from its monthly fuel tax
allutments. Thz face of this a,rcement establishes the months in which thz
withhoidin, shall take ptace 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 pro�ress billings from the contrac[or, the
State wiU submit such billings to the Federal Govemment for payment of its
participating portion of such billings.
M1tethod C— The Agency may submit vouchers to the State in the format
prescribed by the Statz, in duplicate, not more [han once per month for those
costs eligible for Federal participation to the extent that such costs are direcdy
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
preciously approved indirect cost plan.
The Sta[e shall reimburse the Agency for Ihe Federa( 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.
"rhe 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 [X).
VI�. Audit of Federal Consultant Contracts
The Agency, if services of a consu(tant are required, shall be respoasible for
audit of the consultant's records to determine eli�ible federal aid costs on the
project. The repoR of said audit shall be in the Agency's files and made
available to the State and the Federal Govemment.
An audit shall be conducted by the WSDOT [nternal Audit Office in
accordance with generally accepted govemmental auditing s[andards as issued
by the United States General Accounting Office by the Comptroller General of
the United States; WSDOT Manual Ivi 27-�Q Consultant Authoriza[ion,
Selection, and Agreement adnunistrauon; memoraoda of understanding
between WSDOT and FHWA; and Office of N(anagemen[ and Budget Circular
A-133.
[f upon audit it is found that overpayment or participation of f�deral money
in ineligible items of cos[ has occu�red, 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 sta[e statutes and regulations. A subrecipient who
expends $SOQ000 or more in federal awards from all sources during a given
fiscal year shall have a single or program-specific audit performed for that yeaz
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 o� 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 biiled, the State shatl effeci
reimbursement of the total sum due from the regular monthly fuel tax
allotmenu 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.
X. Traffic Co�trol, Signing, Marking, and Roadway
Maintenance
The Agency will not permit any changes to be made in the provisions for
parking regu(ations and traffic control on this p�oject without prior approval of
the State and Federal Highway Administration. The Agency wili not install or
permit to be installed any signs, signals, or markings not in conformance with
ihe standazds 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 shali hold the Federal Govemment and [he Sta[e 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
Go�emment, arising from the Agency's esecution, 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
paRicipation of the State or Federal Govemment in [he project, PROV[DED,
nothing herein shall require the Agency to reimburse the State or the Federal
Government for damages azising out of bodily injury to persons or damage to
property caused by or resulting from the sole negligence of the Federal
Govemment or the State.
XII. Nondiscrimination Provision
No liability shall attach to the State or Federal Govemment except as
expressly provided herein.
The Agency shall not discriminate on the basis of race, cobr, national
origin, or sex in the award and performance of any USDO'C-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. [mplementation of
this program is a lega( obligation and fai(ure 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 l8 U.S.C. 1001 and/or the Program Fraud Civil
Kemedies Act o� 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 Govemment
pursuant to a gran[, 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 Pederai-Aid Contracts
(FHWA 1273 ), located in Chapter 44 of the Local Agency Guidelines.
The Agency further agrees tha[ it will be bound by the above equal
opportunity clause with respect to its own emp(oyment prac[ices when it
participates in federally assisted consWction work: Provided, that if the
applicant so participating is a State or Local Govemment, the above equal
opportunity clause is nnt apPlicable to any agency, inst[umentality, or
subdivision of such govemment which dces 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 o�ders of the Secretary of Labor.
(2) To furnish the StaYe such infmmation as it may require for the
supervision of such compliance and that it will otherwise assist the State in the
dischazge of iYS primary responsibility for securing compliance.
(3) To refrain from en[ering 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 conUacts 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 Administratioq or the Secretary of Labor pursuant
to Part II, subpart D of the Executive Order.
DOT Form 140 EF
Revised os/os 3
[n addition, tfie Agency agrees that if it fails or refuses to comply with these
undertakings, the SYate 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 saYisfactory
assurance of future comptiance 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 b3�, Subpart 127, as supplemented, relative to the amount of Federal
participation in the projzct cost, �hall be applicable in the event the contractor
fails to complete the contract within the contract time. Failure ta include
liquidated damages provision will not relieve the Agency from reduction of
federal participation in accordance with this paragraph.
XlV. Termination for Public Convenience
The Secretan of the �L'ashin�ton State Department ofTransportation may
terminate the contract in whole, or from time to time in part, whenever:
(I) The requisite federaf funding becomes unavailable through failure of
appropriation or otherwise.
(2) The contractor is prevented tiam 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 defease, 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 pertnanent restraining order of a courtofcompetent
jurisdiction where the issuance of such order is primazily caused by the acts or
omissions of persons or agencies other than the contractor.
(4) Thz Secretary determines that such termination is in the best interests of
the State.
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
Washingtott, growing out of this contraci or the project with which it is
concemed, shall be brought onty in the Superior CouR for Thurston County.
XVt. Certification Regarciing the Restrictions ofi the Use
of Federal Funds for Lobbying
The approving authority certifies, to Ihe best of his or her knowledge and
belief, tha[:
(1) No federal appropria[ed 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 wi[h the awarding of an} federal contract, the making of any
federal grant, the making of any federal loan, ihe en[ering inro of any
cooperative agreement, and the extension, continuation, renewal, amendment,
or modification of any federal contract, grant, loan, or cooperativz agreement.
(2) If any funds other than federal appropriated funds have been paid or will
be paid to any person for influencing ar 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 conneciion 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) l�he undersigned shaU require that the language of this certification be
included in the awazd documents for all subawards at all tiers (including
subgrants, and aontracts and subcontracu under grants, subgrants, loans, and
cooperative agreements) which exceed $100,000, and that all sucfi
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 mal:ing or en[ering into Ihis transaction
imposed by Section 1352, Title 3l, U.S. Code. My person who fails to file the
required certification shall be subject to a civit penalty of not less than $10,000
and not more than $100,000 for each such failure.
Additional Provisions
DOT Form i40-039 EF
Revised o5/09 4
COUNCIL MEETING DATE: June 21, 2011
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
ITEM #:�Ct
SUBJECT: Public Hearing and Adoption of Resolution for 20l 2- 2017 Transportation [mprovement Plan
POL[CY QUEST[ON Should the Council approve the resolution adopting the 20 t 2- 2017 City of Federal Way
Transportation Improvement Plan (TIP) and Arterial Street Improvement P(an (AS[P)?
COMMITTEE Land Use and Transportation Committee
MEET(�G DATE: June 13, 20l 1
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, 20l 1.
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 AS[P and provide direction to staff.
MwYOR'S RECOMMENDAT[ON The Mayor recommends Option 1 to approve the reso(ution adopting the
2012 - 2017 TIP and ASIP at Publi,� Hearing at the June 21, 2011 City Council Meeting.
� ,
MAYOR APPROVAL: ; �. ' �-c� �" =�-� D[RECTOR APPROVAL: �����-- ���`
. ommittee Coun il Commit[ee Council
COMMITTEE RECOMMENDATION: Forward Option 1 to a public hearing at the June 21, 2011 City Council
Meeting. ,.� �
�,.
,u r..�-�S� 8-c.�.�---
Linda Koch ar, Chair
PROPOSED COUNCIL MOTION:
Way Transportation Improvemef
im E✓ei`rell, Member
ve approval of the resolution adopting the 2012 - 2017 City Of Federal
(TIP) and Arterial Street Improvement Plan (ASIP). "
(BEZOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL AC 1'ION:
❑ APPROVED COUNCIL BILL �!
❑ DENIED l� reading
� TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORMNANCE #
REVISED — 02/06/2006 RESOLUT[OPI #
K:\COUNCIL�AGDBILLS�2011\06-21-i 1 TIP adoption.doc
CITY OF FEDERAL WAY
MEMORANDUM
DATE: June 13, 2011
TO: Land Use and Transportation Committee
VIA: Skip Priest, Mayor ,__.
FROM• Rick Perez, P.E., City Traffic Engineer ��''
' Cary M. Roe, P.E., Director of Parks, Pub(ic Works, and Emergency Management �"; ;'
SUBJECT: 2012-2�l7 Transportatiort [mprovenzent Pl�r�
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 a(so 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 C). T�e 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.
Protects with Modi zed Scope:
SW 312`� Street: 14"' Avenue SW — SR 509. This project was separated into two projects
because the intersection improvement at 14`� 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.
June 13, 20 t i
Land Use and Transportation Committee
2012 — 2017 Transportation Improvement Plan
Page 2
Proposed New Projects:
SR 99 HOV Lanes Phase V: S 340` Street — S 356` Street. This project is added due to
anticipated concurrency failure at S 348` Street.
25 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 Schooi.
Attachments: Exhibit A- Draft T[P
Exhibit B - Location Map
Gxhibit C - Draft Kesolution
cc: Project File
Day File
� � Map
St li� I-5
lst Ave S(a� S St
S 320th St (n� 20th Ave S
21st Ave SW (u� SW 336th St
�G,
SR 99 HOV Lanes Phase 4: Sl
SR 99 (a� S 312th St
SR 509 na, S W 312th St
14th Ave SW @ SW 312th St
S 304th St a�, 28th Ave S
S 352nd St; SR 99 - SR 161
SW 320th St na, 21st Ave SW
S 348th St (u� lst Ave S
u,
SW 320th St @ 47th Ave SW
S 312th St (u� 28th Ave S
�G�
S W 336th Wy / S W 340th St:
S 356th St: SR 99 - SR 161
S 356th St na SR 161
Subtotal
Map
22 S 314th St: 20th Ave S- 23rd Ave S
23 1 st Ave S: S 292nd St - S 312th St
24 S 336th St: SR 99 - 20th Ave S
25 25th Dr S la� S Star Lake Rd
� No.11-
Install sic
Shoulder
north side
Page 6 u f 6
K: ILUTCl20! l 106-13-1 / Six Year T!P Adoption Resolution Fina! .duc
L��lHl1511 A
C1TY OF FEDERAL WAY
TRANSPORTATION IMPROVEMENT PLAN (TIP) - 2012 TO 2017
CAPITAL PROJECTS Year 2012 Costs in $ thousands
Descri tion Prcvious Years 20l I 2012 2013 2014 2015
Add 2nd SB left-tum lane, 3rd SB right-tum lane 650 3,500
Add HOV lanes, realign ramps in SE quadrant _ 5 000 5,612 ?,122
Add SB right-turn lane 200 1,038
Extend 3 lane rinci al collector with bike lanes, sidewalks, illuminatior� � 756
Install raised median, im rove access at 328th 1,910
----
Add 2nd left-tum lanes EB, WB 500 I s,yt8
Add 2nd left-tum lanes all a roaches, WB ri ht-turn lane or Altemative Mra,ure 500 4,600 'r
Add HOV lanes, ins[all raised median IQ000 8,500 '
Add 2nd left-tum lane NB _�_ 909 9py
Add left-mm lanes EB, WB 350 � 4,OI?
Add traf£ic siQnal, walkway and school zone improvements ?50 630 '
Add NB ri ht-turn lane si �nal I '� 2,279 ',
Extend 3 lane rinci al coilecror and si nal at SR-99 1,950 i 4,750 ��� _
Add 2nd WB left-tum lane, Interoonnect to 26th Ave SW ' 4.584 I
Install tra�c si nal
Add S$ ri ht-turn lane
iW - Ho Rd Widen to 5 lanes, add si nal at 26th PI SW
Widen to 5 lanes bike lanes, sidewalks; illuminatiai
Add 2nd NB Left to SR I61 - su ort hase of Trian
Add EBL WBL WBR, NI3'I', SBR widen to 5 lane�
Roundabout
- S 356th S[ Add HOV lanes. install raised median: turn lanes at S
119
2650 500 I ___ � �
— 3 �=�--
�� 573 I
— —
�� ' 0�-1 7 09 i F 7,097
_ `S7lT� R I � 4'70 I
- � +_ �_�_ --
--- � —r
30U � '734 �
-- -- —
— , �,500
�Ig,250 15,480 IU,373 'S,54u 24,8UI 12,384
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City of Federai Way
Comprehensive Plan
2012-2017
Transportation
Improvement Plan
Legend
� Intersection Improvement
Corridor Improvement
Non-Motorized Improvement
' Map Date: April. 2011
I City of Federal Way,
33325 8th Ave S,
Federal Way. WA 98003
�� (253) 835-7000
� os ,a
Mtles
CITY OF
�,.. Federal Way
This map is accomparned by no warranties,
and is simply a graphic representation.
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 [mprovement Ptan for 2012-
2017, and directing the same to be fited with the Washington State
Secretary of Transportation and the Transportation [mprovement
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, OS-
451, 06-481, 07-503, 08-732, 09-550, and 10-558).
WHEREAS, pursuant to the requirements of RCW Chapters 35.77 and 4726, the City
Council of the City of Federal Way adopted its original Transportation lmprovement 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. 92-1 17); 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-
Page 1 of 5
K�ILU7'Cl2011106-13-11 Six Year TIPAdoption Resolution Final.doc
WHEREAS, the Federal Way City Council further updated its Transportation Improvement
Program on June l, 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. O 1-343); and
WHEREAS, the Federal Way City Council further updated its Transportation Improvement
Program on June 1$, 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, 200� (Resolution No. 04-433 ); and
WHEREAS, the Federai Way City Council further updated its Transportation Improvement
Program on July 19, 2005 (Resolution No. OS-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-
Page 2 of 5
K:ILUTCl2011106-13-11 Six Year TIPAdoption 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, 201 1; and
WHEREAS, the City Council of the City of Eedera( 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 Counci( has determined current and future City street and arteria(
needs, and based upon these findings has prepared a revised and extended Transportation
Improvement Program and an Arterial Street [mprovement 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 Pian (TIP) and Arterial Street Improvement Plan (ASIP) adopted
No.11-
Page 3 of �
K: ILIlTCl2011106-13-11 Six Year TIP Adoption Resolution Final.doc
herein;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
RESOLVES AS FOLLOWS:
Section l. Pro�ram 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 inclusiv�), 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. Filin og f Pr� ram. PursuanC 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. Severabilitv. 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 iimited 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.11-
Page 4 of 5
K: ILUTC12011106-13-11 Six Year TIP Adoption Resolution Final .doc
Section b. Effective Date. This resolution shall be effective immediately upon passage by
the Federal Way City Council.
RESOLVED QY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON this day of , 201 1.
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-
Page S of 5
K: ILUTC12011106-13-11 Six Year TIP Adoption Resolution Final.doc
COUNCIL MEETING DATE: June 21, 20ll ITEM #: %��
_ _ _...... _. _...... _
C�TY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUB.T�cT: Amendment to Christian Faith Center (CFC) Development Agreement
PoLICY QUESTION: Should the City Council grant the request for an amendment to the traffic mitigation
requirements of section #9.4.4 of the CFC Development Agreement?
COMMITTEE: N/A
CATEGORY:
❑ Consent
❑ City Council Business
� �
Ordinance
Resolution
STAFF REPORT BY: Deb Barker, Senior Planner
PusLIC HEaIUNG DATE: lune 21, 2011
X Public Hearing
❑ Other
DEPT: Community & Economic
Development
Background: On May 2, 2011, the applicant submitted a request to postpone/defer the traffic mitigation
requirements from section #9.4.4 of the CFC Development Agreement, until such time as increased development
occurs to warrant such improvements. See staff report far detailed discussion. The City Council reviewed the
request at a public hearing conducted on June 21, 2011.
Attachments: I) Staff Report to the City Council
Options Considered: i) Grant the application as proposed as reflected in a proposed ordinance, OR ii)
modify and grant the application as reflected in a modified ordinance; OR iii) deny the application,
which will be reflected in a proposed resolution at the next City Council meeting.
MAYOR APPROVAL: � DiRECTORAPPROVAL:
PROPOSEn Mo'r1o1v: "I move to approve the rer�z.�ested amendment to the Christiun Faith Center
Concomitant and Development Agreement, which will be re�lected in a proposer! ordinance. "
(BELOW TO BE COMPLETED BY CITY CLERKS OF FICE)
COUNCIL ACTION:
❑ APPROVED COl1NCIL BILL #
❑ DENIED 1�� reading
Enactment
❑ TABLED/DEFERRED/NO ACTION
❑ MOVED TO SECOND READINC (or•rtiricinces only)
REVISED - 08/ 12/2010
reading
ORDINANCE #
RESOLUTION #
i�-�oiFavo« i.0 s���z
.
!M��
-�-
. .
Staff Report to the Federal Way City Council
Proposed Amendment to the
Christian Faith Center Concomitant and Development
Agreement
Federal Way File #11-101682-00-AD
REQUESTED AMENDMENT
The applicant requests that the City Council approve an amendment to the Christian Faith Center
Concomitant and Development Agreement. The requested amendment would defer the requirement
for traffic mitigation identified in section 9.4.4 of the Concomitant and Development Agreement
(E�chibit B) until such time as additional seating capacity is added to the sanctuary building, which
thereby causes the need for such mitigation. The mitigation in question is the signalization of Pacific
Highway South (SR 99) at the South 344`�' Street intersection.
Section 9.4.4 states:
CFC shall construct street improvements consistent with the attached Exhibit G-4 to signalize the
intersection of SR 99 and South 344' Street and provide a westbound-to-southbound left-turn lane
within existing right-of-way. If delays beyond the control of CFC and the City prevent the
completion of these improvements by the time of issuance of certiftcate of occupancy, CFC may
obtain a certificate of occupancy subject to the Public Works Director requiring temporary traff c
control measures for up to one hour following the end of each Sunday service until such time that
the traffic signal is operational.
Please see E�ibit D for graphic representation of traffic improvements described above.
BACKGROUND
The Christian Faith Center Concomitant and Development Agreement, approved by the Federal Way
City Council on July 20, 2004 under Ordinance #04-461, was prepared to fully address and mitigate
all identified impacts associated with the Christian Faith Center project. The scope of the project
included construction of a 54,000 square-foot church building with a 4,500 seat sanctuary/school
auditorium, and a separate 218,500 square-foot school building; on- and off-site improvements; and
critical area mitigation on the 46.58-acre property. The development application required preparation
of Draft and Final Environmental Impact Statements. Mitigation measures reflected in the
Development Agreement were based on the Draft and Final Environmental Impact Statements for
the development application, issued on November 18, 2003 and March 3, 2004, respectively, as well
as Environmental Impact Statement addendums dated April 16, 2004 and May 24, 2004,
respectively. These documents laid out the full range of mitigation measures for project related
impacts assuming full build out.
Construction of the CFC building concluded on August 30, 2007, with issuance of a Certificate of
Occupancy (C/O) for a 218,204 square-foot building, which contained a sanctuary/school auditorium
with no-fixed seating in a 21,339 square-foot floor area and an occupancy of 4,500 persons (a
mezzanine level was also approved, but has not been constructed.) The building also includes two
schools: the 37,000 square-foot private Christian Faith School with 278 students' and Vision College
with 26 students. Daycare, although initially proposed, has not been implemented. In 2007, CFC
opted to extend the timeline for construction of the separate 218,000 square-foot school building,
known as Phase II, unti12017.
In all cases, CFC has found that the occupancy of each use - the church, the school, and the college —
is well below initial projected capacities. (Exhibit A, Request dated May S, 2011, and Exhibit B,
Correlation Data with historical attendance records prepared by CFC.) The mitigation measures
were based on full build-out scenarios, but according to CFC, those numbers have never been
realized. CFC seeks to have mitigation measure #9.4.4 commensurately adjusted given the reduced
capacity.
PROCESS FOR DECISION
Pursuant to FWRC 19.85.200, amendments to the terms of the development agreement shall be done
only by a written instrument executed by all parties. The City will process and decide upon an
application far an amendment to a development agreement as if it were an application far a new
development agreement. The City Council will conduct a public hearing to take public testimony on
the specific requested amendment to the Christian Faith Center Concomitant and Development
Agreement, and may consider the factors of FWRC 19.85.120 when considering the development
agreement. The City Council has the option to grant the request as proposed and adopt an ordinance,
or deny the request by adopting a resolution [FWRC 19.85.150(4)(a) City council action].
The amendment request does not alter mitigation measures identified through the Environmental
Impact Statement, but seeks to delay full implementation of mitigation measures. The applicant
believes that the reduced capacity within the Church complex creates less of an impact on the City's
transportation system. The City's Traffic Engineer has reviewed the amendment request and
identified a seating threshold that would trigger full implementation of Section 9.4.4. (See page 3
below for this analysis.) However, as the proposed amendment to the CFC Concomitant and
Development Agreement does not involve any changes to the full build-out mitigation, no changes
to the Environmental Impact Statement are required.
FACTORS TO BE CONSIDERED IN REVIEW OF A DEVELOPMENT AGREEMENT
According to the FWRC, a development agreement is intended to set the development standard and
other provisions that apply to and govern and vest a development, use, and mitigation of the
development, based on a specified duration. The city may consider, but is not limited to, the
following factors when considering a development agreement (FWRC 19.85.120 Factors to be
considered in review of a development agreement):
(1) Compatibility with and impact on adj acent land uses and sunounding neighborhoods;
(2) Adequacy of and impact on community facilities including utilities, roads, public
transportation, parks, recreation, and schools;
(3) Potential benefits of the proposal to the community; and
(4) Effect upon other aspects of the comprehensive plan.
' Original attendance based on 900 students.
2 Original attendance based on 225 students.
Staff Report to the Federal Way City Council Page 2
Proposed Amendment to the Christian Faith Center Concomitant and Development Agreement 11-IOIE)HZ�Doc. I.D. 57729
Following is an analysis of factors from FWRC 19.85.120, with a staff discussion as to how the
amendment request responds to each factor.
Factor No. 1— Compatibility with and impact on adjacent land uses and surrounding
neighborhoods.
Staff Response: The current proposal is in accordance with all adopted City codes, policies,
regulations, and the environmental analysis and mitigation for the CFC project. Those
transportation impacts to surrounding neighborhoods resulting from the full project build out
were addressed by requiring code-mandated street frontage improvements and mitigation
established in the CFC Concomitant and Development Agreement. This included signalization
of the SR 99 and South 344�` Street intersection. The CFC project has not achieved full
capacity, and has not reached seating thresholds that impact the intersection to warrant signal
installation. This amendment maintains the future requirement to install the signal at such time
as it is warranted based on adopted standards.
Factor No. 2— Adequacy of and impact on community facilities including utilities, roads,
public transportation, parks, recreation, and schools.
Staff Response: The Christian Faith Center EIS considered potential traffic related impacts on
the City's transportation system, and mitigation to address those impacts was established within
the CFC Concomitant and Development Agreement. Transportation mitigation measures
included the tra�c signal at SR 99 and South 344' Street. CFC has not achieved full capacity in
its sanctuary or schools. In evaluating the request to amend this mitigation measure, the City
identified the following assumptions:
• The Sunday peak hour volume data collected at this intersection would only be affected
by the construction of CFC and Federal Way Marketplace (aka Wal-Mart);
• CFC's trip generation and distribution assumptions from the EIS are valid;
• The number of seats available at CFC during the Sunday services is consistent with the
sanctuary's occupancy load;
• Federal Way Marketplace's trip generation and distribution assumptions from their TIA
are valid;
• For Federal Way Marketplace's trip generation, the ratio between the Saturday peak hour
(which was analyzed in the TIA) and the Sunday peak hour (which was not) would be the
same as that contained in ITE Trip Generation;
• Meeting a traffic signal warrant for the Manual on Uniform Tra�c Control Devices
(MIJTCD) during the Sunday peak hour is adequate justification for the signal.
Based on these assumptions, the Traffic Engineer found that MLTTCD signal warrant would be
met for SR 99 at South 344`�' Street when the seating capacity at the Christian Faith Center
reaches 3,375. Currently, there is seating for 3,049, and when full build-out is achieved, the
occupant load will be 4,500. Until the additional seating capacity is installed, the requirement
for the signal is not warranted. However, prior to approval of any seating capacity expansion
that results in total seating exceeding 3,375, with the exception of seating for special events as
addressed below, the applicant will be required to provide an updated traffic analysis of the
traffic conditions, address level of service (LOS) and traffic safety, and identify appropriate
mitigation measures. In the event that the Public Works Director finds that the signal is
warranted based on the submitted reports, CFC shall construct street improvements consistent
Staff Report to the Federal Way City Council Page 3
Proposed Amendment to the Christian Faith Center Concomitant and Development Agreement 11-IOIGHZ�Doc. I.D. 57729
with the attached Exhibit G-4 (E�ibit C) to signalize the intersection of SR 99 and South 344`�'
Street and provide a westbound-to-southbound left-turn lane within existing right-of-way.
It should be noted that any special event with seating for up to 3,800, such as large funerals,
corporate meetings, concerts, and irregular one-time special events not scheduled on Sundavs
are considered separate and outside of the terms of the agreement. Any combination of
fixed/unfixed seating (up to 3,800) to accommodate such events shall not be considered a
trigger to conduct the analysis or install the traffic improvements noted above.
Factor No. 3— Potential benefits of the proposal to the community.
Staff Response: Development of the site as a church and school generated employment
opportunities, growth, economic development, and social benefits for the City. CFC
constructed infrastructure improvements both on and off the site including a new City street
through the site; street frontage improvements including curbs, gutter, sidewalk, street trees,
street lights, and a bike lane as well as other street improvements; and made a pro-rata share
contribution to fund the City's adopted TIP projects, as identified in the Development
Agreement. Transportation related improvements and investment in the City's TIP promoted
safe and effective vehicle and pedestrian circulation.
As conditioned, the request to amend a mitigation measure does not impact any existing
benefits produced by the Church and School. Further analysis will ensure that the project will
continue to address Level of Service (LOS) and traffic safety.
Factor No. 4— Effect upon other aspects of the comprehensive plan.
Staff Response: This factor is not applicable to the proposed amendment request, and there are
no impacts to aspects of the comprehensive plan with this request.
STATEMENT OF FACTS AND CONCLUSION
Based on an analysis of the proposed request, the environmental recard, and related decisional
criteria, the Community and Economic Development Director finds the following.
The Christian Faith Center applications for a Comprehensive Plan Amendment and Rezone
Request were received on Apri130, 1999. In reviewing these requests, the City's Land Use and
Transportation Committee (LUTC) requested that a Draft Development Agreement be prepared
for the CFC request in October 2001. The land use application for the Church and School was
filed on May 31, 2002. It proposed a church building with a 54,000 square-foot, 4,500 seat
sanctuary/school auditorium, and a separate 218,500 SF school building. The City Council
adopted the Christian Faith Center Concomitant and Development Agreement July 20, 2004,
under Ordinance number 04-461.
2. Mitigation measures reflected in the Christian Faith Center Concomitant and Development
Agreement were based on Draft and Final Environmental Impact Statements (EIS) for the
development application issued on November 18, 2003 and March 3, 2004, respectively, and
EIS addendums dated April 16, 2004 and May 24, 2004. These documents laid out a full range
of mitigation measures for project related impacts. The proposed amendment to the
Development Agreement does not involve any changes to this build-out mitigation, and no
changes to the EIS are required.
Staff Report to the Federal Way City Council Page 4
Proposed Amendment to the Christian Faith Center Concomitant and Development Agreement 11-IOIGHZ�Doc. I.D. 57729
3. Section 9.4.4 of the CFC Concomitant and Development Agreement states:
CFC shall construct street improvements consistent with the attached Exhibit G-4 to
signalize the intersection of SR 99 and South 344`" Street and provide a westbound-to-
southbound left-turn lane within existing right-of-way. If delays beyond the control of
CFC and the City prevent the completion of these improvements by the time of issuance
of certificate of occupancy, CFC may obtain a certificate of occupancy subject to the
Public Works Director requiring temporary tra�c control measures for up to one hour
following the end of each Sunday service until such time that the tra�c signal is
operational.
4. In 2007, the applicant completed construction of a 221,393 square-foot sanctuary/school
auditorium building that contains a 21,339 square-foot sanctuary with 3,049 seats, a 37,000
square-foot private school with 278 students, a 26-student college, and assorted support office
spaces. The separate school building, known as Phase II, has been postponed unti12017. Full
build out of the sanctuary seating to 4,500 is not anticipated until after Phase II is built.
Based on a number of assumptions, the Traffic Engineer found that MUTCD signal warrant
would be met for SR 99 at South 344�' Street when the seating capacity at the Christian Faith
Center reaches 3,375. Currently, there is seating for 3,049, and when full build-out is achieved,
the occupant load will be 4,500. Until the additional seating capacity is installed, the
requirement far the signal is not warranted. However, prior to approval of any seating capacity
expansion that results in total seating exceeding 3,375, with the exception of seating for special
events as addressed below, the applicant will be required to provide an updated traffic analysis
of the traffic conditions, address level of service (LOS) and traffic safety, and identify
appropriate mitigation measures. In the event that the Public Works Director finds that the
signal is warranted based on the submitted reports, CFC shall construct street improvements
consistent with the attached Exhibit G-4 (E�ibit C) to signalize the intersection of SR 99 and
South 344` Street and provide a westbound-to-southbound left-turn lane within existing right-
of-way.
6. Any special event with seating for up to 3,800, such as large funerals, corporate meetings,
concerts, and irregular one-time special events not scheduled on Sundavs are considered
separate and outside of the terms of the agreement. Any combination of fixed/unfixed seating
(up to 3,800) to accommodate such events shall not be considered a trigger to conduct the
analysis or install the traffic improvements noted in conclusion 5 above.
7. Based on the actual development size, scope and impacts, the request is found to meet
applicable factors to be considered (FWRC 19.5.120).
RECOMMENDATION
Based on the above analysis, the Community and Economic Development Deparhnent and the
Public Works Department recommend approval of the requested amendment to the CFC
Development Agreement subject to the following:
Proposed Langua�e for section 9.4.4
Prior to a�roval of any seating capacity expansion that results in total
seating exceeding 3,375 seats in the sanctuary, except as noted below for special events,
CFC shall submit to the City far review and a�proval an updated traffic analysis that
analXzes the impacts and identifies mitigation for those impacts at that time. In the event
Staff Report to the Federal Way City Council Page 5
Proposed Amendment to the Christian Faith Center Concomitant and Development Agreement 11-IO1682�Doc.1.D. 57729
that the Public Works Director finds that the signal is warranted based on the submitted
re�orts, CFC shall construct street improvements consistent with the attached Exhibit G-4
to signalize the intersection of SR 99 and South 344�' Street and provide a westbound-to-
southbound left-turn lane within existing right-of-way. If delays beyond the control of
CFC and the City prevent the completion of these improvements by the time of issuance
of certificate of occupancy, CFC may obtain a certificate of occupancy subject to the
Public Works Director requiring temporary traffic control measures for up to one hour
following the end of each Sunday service until such time that the traffic signal is
operational.
Anv combination of fixed/unfixed seatin� not exceeding 3,800 shall be permitted for
irre u�pecial events, not occuning on Sundays. The analysis and traffic miti a�
described above shall not be triggered for such s�ecial events.
EXHIBITS
(a) Application Materials
(b) Section 9.4.4 of Development Agreement
(c) E�ibit G-4 to Development Agreement
StaffReport to the Federal Way City Council Page 6
Proposed Amendment to the Christian Faith Center Concomitant and Development Agreement I 1-IOIC)IIZIDoc. I.D. 57729
♦
�� '� �: � ' -� ..
MASTER LAND USE APPLICATION
� # �^- '� DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES
�����9.�i���,��
33325 8`" Avenue South
� � � Federal Way, WA 98003-6325
'`�`��a� �� � ���� 253-835-2607;Fax253-835-2609
www.citvoffederalway.com
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�
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APPLtcAT1oN No(s) _ �� � �� / (��' u �h- .:..�t_� >�� �-� Date Apri128, 2011
Project Name Christian Faith Center Traffic Miti�ation
Property Address/Location 33645 20`'' Av South Federal Wa WA 98003
Parcel Number(s) see Project Description below
Project Description
PLEASE PRINT
remove traffic mitigation requirements as listed in Developers Agreement 9.4.4 dated Julv 2004
Type of Permit Required
Annexation
Binding Site Plan
Boundary Line Adjustment
Comp Plan/Rezone
Land Surface Modification
I.ot Line Elimination
Preapplication Conference
Process I (Director's Approval)
Process II (Site Plan Review)
ProCess III (Project Approval)
Process N (Hearing Examiner's Decision)
Process V (Quasi-Judicial Rezone)
Process VI
SEPA w/Project
SEPA Only
Shoreline: Variance/Conditional Use
Short Subdivision
Subdivision
Variance: Commercial/Residential
Required Information
Zoning Designation
Comprehensive Plan Designation
_Value of Existing Improvements
Value ofProposed Improvements
International Building Code (IBC):
Occupancy Type
Construction Type
Applicant
Name: Ellen Kenison/Christian Faith Center
Address: 33645 20` Av S
City/State: Federal Way WA
Zip: 98003
Phone: 2�3 .943.2492
Fax: 253.943 2493
Email: ellenk@case eat.org
Signature: �
E�gerit (if different than Applicant)
Name:
Address:
City/State:
Zip:
Phone:
Fax:
Email:
Signature:
Owner
Name: Casey Treat
Address: 33645 20th Av S
City/State: Federal Way WA
Zip: 98003
Phone: 2�3.943.2400
Fax: --
Email: —
Signature:
�X���� 7
PAG E .....1_..4�--�--�
Bulletin #003 — January 1, 20I 1 Page 1 of 1 � k:V-{andouts�Ivlaster Land Use Application
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RECEIVED BY
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, � ��, � ! � � ' �� �� ._., J� � ��� � .l� ( �C � �� -c�>C�
` , �' �� � � �"� � � �`� � � �
A CASEY TREAT`'�
April 28, 2011
RE: Application
Per instructions from ongoing negotiations with City of Federal Way and Pastor Casey Treat we
are not submitting the application for address labels as yet.
Sincerely,
�� ����-
Ellen Kenison
EX� � � ����
PAGE...,.�..+��___� .�
33645 20TH AVE S. FEDERAL N/AY, W,A 98003 253.943.2400 FAX 253.943.2305
May 5, 2011
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A CASEY TREAT�
Isaac Conlen, Planning Manager
City of Federal Way
33325 8` Avenue South
Federal Way, WA 98003
RE: CFC Amendment to Development Agreement
�
;J�AY � `� ?01�
��I1"`! OF F�D�RAL. �NAY
CD�
Christian Faith Center (CFC) is requesting removal of requirement 9.4.4 as listed under the Developer
Agreement date July,2004. Traffic generated by CFC is significantly less than was originally estimated.
The planning phase in 2004 was based on many assumptions that have not transpired. There are four
major circumstances that contribute to this:
CFC did not build the separate school building as anticipated, eliminating the extra traffic generated by staff
and students. Our original size limitations (9.1.5) were based on 900 students. The maximum we can
accommodate in the current church building is 312. We currently have 278 students. This dramatically
changes the peak morning, afternoon and evening activities and their traffic impact.
Our current college enrollment is 26 students--significantly lower than original size limitations based on
attendance at 225. This dramatically changes the peak morning, afternoon and evening activities and their
traffic impact.
Traffic exiting and impact to Federal Way in the past 3+ years during peak hours have not proved to have a
negative impact to the areas under this requirement and do not indicate a need for additional mitigation.
Even on holiday schedules (mainly Easter, Conferences and Christmas) which have much higher attendance,
entering and exiting from the site does not affect the intersection in question.
Finally, "18` Place to South 344 is seldom used as an exiting path, probably due to the excessive number
of speed bumps and low speed limit required. These factors do not make it a viable path of traffic use,
making its use as "overflow" to S 344 to Hwy 99 invalid. Actual traffic usage has not supported the
assumptions used in preparing the list for traffic mitigation.
Thank you very much for your consideration and review of the enclosed application materials. Please feel
free to contact Ellen Kenison or me if you have questions.
�����.. �---
�X� �
PAGE. � --��--�.--
33645 20TH AVE S. FEDERAL WAY, WA 98003 253.943.2400 FAX 253.943.2305
Information requested by:
Rick Perez, P.E.
City Traffic Engineer
;�:�:�.:����/��,:�
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i:�JS
Correlation data with historical attendance records:
Weekly church services are averaging the following per week:
2008 2009
1�` Service 1450 1�` Service 1550
2" Service 1818 2" Service 1845
Floor area for church space constructed:
Available seating area is 21,339 sq ft.
Number of seats currently installed in the sanctuary:
The current sanctuary has no fixed seating. Our current occupancy is 3049.
2010
1 Service 1466
2" Service 1754
Comparison of current schedule of church activities with that documented in the final Transportation
Management Plan:
• Wednesday evening services: no time change from previous report
• Dominion (currently named Vision CollegeJ: no time change from previous report
• Bible Study: no time change from previous report
• Sunday services: full traffic mitigation was based on the year 2020 @ two services. Using an
ACO of 2.5 the trip generation was based on (SEE REPORT DATED June 2003):
• Ori�inal mitigation was based on:
SANCTUARY CAPACITY °/a OF CAPACITY NUMBER OF # OF TRIPS ENTERING # OF TRIPS EXITING
ATTENDEES
Service #14500 90 4050 1,620 1,620
Service #2 4500 90 4050 1,620 1,620
6. Floor area dedicated for Christian Faith School use:
37,000 sq ft which includes administration, library, kitchen, student and teacher's lounges, and rest
rooms.
7. Number of students enrolled in school:
The school currently has 278 students, with a maximum of 312 students based on available classrooms.
There is no daycare as reported in the original traffic mitigation reports.
����� � �
�� �
PAGE...�_-��-.�--
June 1, 2011
Cary Roe
Public Works Director
City of Federal Way
33325 8th Ave S •
Federal Way 98003
RE: Seating Limitation
RECE111�D
JI�N n � Zn��
PUBLiC WQRKS
OEpARTnn��T
RECEIVED BY
COMMUNITY DEVELOP�tENT DEPARTMENT
J IJ �l � '� 2011
By this letter Christian Faith Center (CFC) is requesting a change in the developer's agreement
so that sanctuary seating for Sunday 2" service will be 3375 and maximum seating for special,
events will be 3800.
Thank you for your consideration.
E�
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A CRSEY TRERT`
33b45 20TH AVE S. FEDERAL WAY, WA 98003 253.943.2400 FAX 253.943.2305
9.3.3 Clearing and Gradi�. Clearing and grading shall be allowed only pursuant to a
phased construction plan approved by the Director of Public Works. Clearing and grading
shall occur only between May 1 and September 30 unless otherwise approved by the
Director of Public Works.
9.4 Traffic Mitigation. CFC shall perform, as part of Project construction and prior to
issuance of certificate of occupancy unless otherwise noted, the following traffic mitigation as
required and approved by the Director of Public Works.
9.4_ 1 CFC shall reconstruct 18` Avenue South from the existing berm to South 344`�'
Street to a modified street section, consisting of 24 foot wide street with vertica( curbs and
gutters, consistent with Exhibit G-1 to the Concomitant Agreement and Development
Agreement between the City of Federal Way and the Christian Faith Center recorded
under King County Recording No. 20040819000548 and incorporated herein by this
reference. Traffic calming elements shall be installed, including two speed humps, one
crosswalk, bulb outs at the intersection of 18"' Avenue South and South 341 Street and
18�' Avenue South and South 344` Street to narrow the throat width of 18`� Avenue South
to 20 feet, and street signage shall be installed to address no through traffic, children
playing, speed humps, crosswalk, and speed limit.
9.4.2 CFC shall improve South 344` Street from 16' Avenue South to 18` Avenue
South consistent with Exhibit G-2 to the Concomitant Agreement and Development
Agreement between the City of Federal Way and the Christian Faith Center recorded
under King County Recording No. 20040819000548 and incorporated herein by this
reference. Construction shall consist of Type R Street. The north side shall consist of a 40
foot wide street with curb and gutters, four-foot planter strip with street trees, six-foot
sidewalk, and street lights. The itnprovements shall be tied into the existing improvements
to the west end of South 344` Street to the east side of the intersection of South 344`
Street and 16`�' Avenue South. On the south side, only curb and gutter shall be required.
CFC shall construct improvements within existing right-of-way.
9.43 CFC shall improve South 344�' Street through the intersection of 16"' Avenue
South and shall signalize the intersection of South 344` Avenue South consistent
with Exhibit G-3 to the Concomitant Agreement and Development Agreement between
the City of Federal Way and the Christian Faith Center recorded under King County
Recording No. 20040819000548 and incorporated herein by this reference. CFC shall
construct improvements within existing right-of-way. o
9.4.4 CFC shall construct street improvements consistent with Ezhibit G-4 to the
Concomitant Agreement and Development Agreement between the City of Federai Way
and the Christian Faith Center recorded under King County Recording No.
20040819000548 and incorporated herein by this reference, in order to signalize the
intersection of SR 99 and South 344�' Street and provide a westbound-to-southbound left-
turn lane within existing right-of-way. If delays beyond the control of CFC and the City
prevent the completion of these improvements by the time of issuance of the certificate of
occupancy, CFC may obtain a certificate of occupancy subject to the Public Works
Director requiring temporary traffic control measures for up to one hour fotlowing the end
of each Sunday service until such time that the traffic signal is operational.
J /
EXN!!!��� -
PAGE__ �___QF---1---
EXHII3[T G-4
TO COI�ICOMITANT AGREEMENT
AND
DEVELOPMENT AGREEMENT
SOUTH 344 STREET AND
HWY_ 99 INTERSECTION
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E.
1NTERSECT(OfJ TO
BE SIGNAUZED
AS OF. MAY 10, 2004
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SOUIN 344TH STREET
EXN� � � 1�' �
PAGE,.=��_-..� ---
i v - - - - -
COUNCIL MEETING DATE: June 21, 2011
CITY OF FEDERAL WAY
CITY COUNCIL
ITEM # 7 C�,
AGENDA BILL
SUBJECT: APPOINTMENTS TO THE ETHICS BOARD
POLICY QUESTION Which Applicants Should the Council Appoint to the Ethics Board?
COMMITTEE: N/A MEETING DATE: N/A
CATEGORY:
❑ Consent
� City Council Business
STAFF REPORT BY: Carol McN
BACKGROUND:
❑ Ordinance
❑ Resolution
Citv Clerk
❑ Public Hearing
❑ Other
DEP'r: HR/CC
The Board of Ethics is comprised of three regular members and one alternate. Members are appointed by the
City Council and serve three-year terms The Board is staffed by Patricia Richardson, City Attorney and Tonia
Proctor, Paralegal. The Board meets as needed.
CURRENT POSITIONS OPEN FOR APPOINTMENT:
One voting position and one alternate position are currently open for appointment.
The City Clerk advertised the vacancies and received two applications. The City Council interviewed the
applicants at a Special Meeting on June 21, 2011.
OPTIONS CONSIDERED:
1. Approve the recommended appointments.
2. Direct staff to re-advertise the vacancies.
MAYORS RECOMMENDATION: Appoint to position 1 as a voting member with a term
6/30/2014. Appoint as an alternate member with a term of 6/30/2014
MAYOR APPROVAL N/A � DIRECTOR APPROVAL: N/A
Committee Council CommitYee Council
COMMITTEE RECOMMENDATION: N/A
PROPOSED COUNCIL MOTION: "I MOVE TO APPOINT TO POSTION 1 AS A VOTING MEMBER WITH A
TERM EXPIRING 6/30/2014 AND APPOINT AS AN ALTERNATE MEMBER WITH A TERM EXPIRING
6/30/2014. "
COUNCIL ACTION:
❑ APPROVED COUIVCIL BILL #
❑ DENIED 1 reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ardinances only) ORDINANCE #
REVISED — 02/06/2006 RESOLUTION #
COUNCIL MEETING DATE: June 21, 2011
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
ITEM #: ��
SUB.TECT: Proposed Ordinance Amending the Christian Faith Center (CFC) Development Agreement
PoLICY QUESTION: Should the City Council approve the proposed ordinance to amend the traffic mitigation
requirements of section #9.4.4 of the CFC Development Agreement?
Co�iTTEE: N/A
CATEGORY:
❑ Consent
❑ City Council Business
PUBLIC HEARING DATE: June 21, 2011
❑ Public Hearing
❑ Other
X Ordinance
❑ Resolution
STAFF REPORT BY: Deb Barker, Seniar Planner
DEPT: Community & Economic
Development
Background: Pursuant to Federal Way Revised Code ("FWRC") 19.85.200 an amendment to a develapment
agreement requires a public hearing and documentation of Council's decision. Under the FWRC 19.85.150
Council's decision to approve the amendment �vill be reflected in an ordinance and the decision to deny the
amendment will be reflected in a resolution. The Mayor and Staff are recommending approval of the proposed
amendment, and therefore, a proposed ordinance is attached to the agenda bi1L If the Council decides to deny the
amendment, a proposed resolurion will be drafted and brought forward far action at the July S, 2011 City Council
meeting.
Attachments: 1) Draft ordinance
Options Considered: i) Adopt the ardinance as proposed and move it to second reading on July 5, 2011
for enactment, OR ii) Adopt a modified ordinance and move it to 2 reading on July 5, 2011 for
enactment; OR iii) Deny the proposed amendment and direct Staff to present a proposed resolution
denying the request to be considered on July 5, 2011 Ciry Colmcil meeting.
MAYOR APPROVAL: DIRECTOR APPROVAL:
PROPOSED MOTION: FIRST READING JUNE 21, 20l 1: move to_�orwar�l approvul of the_�roposed
ordinance amending the Christian Faith Center Concomitant and Development Agre�rnent to the Jz,�ly S,
2011 Ciry Council meeting for enactment. '�
SECOND READING July 5, 201L• "I move approval of�the �roposecl
ordinarrce. "
OW TO BE COMPLETED BY CITY CLERKS OFFICE
COUNCIL ACTION:
❑ APPROVED
COUNCILBILL# Gj��
__,�.,
Doc. I.D.
❑ DENIED
❑ TABLED/DEFERRED/NO ACTION
❑ MOVED TO SECOND READING (or•dinances only)
REVISED — 08/12/2010
1 ST reading
Enactment
reading
ORDINANCE #
RESOLUTION #
Doc. I.D.
ORDINANCE NO.
AN ORDINANCE of the City of Federal Way, Washington, relating
to amending the Christian Faith Center concomitant and development
agreement, amending Ordinance No 04-461.
WHEREAS, on July 20, 2004, ordinance 04-461 adopted a concomitant and development
agreement (among other things), which specified the development parameters, mitigation and
other special requirements for construction of the Christian Faith Center (CFC) church located at
33645 20 Avenue South, Federal Way; and
WHEREAS, section 9.4.4 of the concomitant and development agreement (Agreement)
specifies traffic mitigation to include signalization of the intersection of Pacific Highway South
(SR 99) and South 344 Street; and
WHEREAS, the traffic mitigation identified in section 9.4.4 of the Agreement has not
been constructed, but CFC has provided the city with a bond to guarantee construction of the
improvements, as permitted in section 9.4.4 of the Agreement; and
WHEREAS, pursuant to the Agreement, CFC was authorized to construct the main
church sanctuary with seating for 4,500 persons and the traffic mitigation of section 9.4.4 was
intended to mitigate for full build-out of the church sanctuary; and
WHEREAS, at this point in time CFC has not fully built out the facility as authorized by
the agreement (the mezzanine level has not been constructed), which results in a current seating
capacity of only 3,049 persons; and
WHEREAS, on May 2, 2011, CFC submitted to the city a request to modify the
Agreement to officially defer the requirement for traffic mitigation identified in section 9.4.4 of
the Agreement until such time as additional seating capacity is added, which thereby causes the
need for such mitigation; and
Ordinance No. 11- Page 1 of 6
Rev 1/10
WHEREAS, An Environmental Impact Statement (EIS) was prepared in conjunction
with the original Agreement and the proposed amendment to the Agreement does not change the
mitigation measures, including traffic mitigation measures, required through the EIS; and
WHEREAS, a properly noticed public hearing was held on June 21, 2011, for the
purpose of obtaining input from interested parties,
NOW, THEREFORE, THE CITY COLJNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Findin�s and Conclusions. The City Council of the City of Federal Way makes
the following findings and conclusions with respect to the proposed amendment to the
Agreement (Exhibit A).
(a) The City Council adopts the statement of facts and conclusion contained in the
staff report.
(b) The proposed amendment to the Agreement is compatible with and has no
negative impact upon adj acent land uses, as detailed in the staff report.
(c) The proposed amendment to the Agreement maintains adequate facilities
including utilities, roads, public transportation, parks, recreation, and schools in order to mitigate
impacts of the development, as detailed in the staff report.
(d) The proposed amendment to the Agreement does not reduce potential benefits to
the community associated with the church, as detailed in the staff report.
(e) The proposed amendment to the agreement does not have any detrimental effect
on any aspect to the city's Comprehensive Plan, as detailed in the staff report.
(� The proposed amendment to the Agreement has followed the proper procedure
required under the FWRC.
Ordinance No. 11- Page 2 of 6
Rev 1/10
Section 2. Section 9.4.4 of the Agreement is hereby amended to read as follows:
Prior to approval of any seating ca�acitv expansion that results in total
seating exceedin� 3 375 seats in the sanctuary except as noted below for special
events CFC shall submit to the City for review and a�proval an updated traffic
analysis that analvzes the impacts and identifies miti�ation for those impacts at
that time. In the event that the Public Works Director finds that the signal is
warranted based on the submitted reports, CFC shall construct street
improvements consistent with the attached Exhibit G-4 to signalize the
intersection of SR 99 and South 344` Street and provide a westbound-to-
southbound left-turn lane within existing right-of-way. If delays beyond the
control of CFC and the City prevent the completion of these improvements by the
time of issuance of certificate of occupancy, CFC may obtain a certificate of
occupancy subject to the Public Works Director requiring temporary traffic
control measures for up to one hour following the end of each Sunday service
until such time that the traffic signal is operational.
Any combination of fixed/unfixed seating not exceeding 3,800 shall be permitted for
irre ular special events not occumn� on Sundays. The analysis and traffic miti�ation
described above shall not be triggered for such special events.
Section 3. Severabilitv. The provisions of this ordinance are declared separate and
severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of
this ordinance, or the invalidity of the application thereof to any person or circumstance, shall
not affect the validity of the remainder of the ordinance, or the validity of its application to any
other persons or circumstances.
Section 4. 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
Orclinance No. 11- Page 3 of 6
Rev 1/10
scrivener/clerical errors, references, ordinance 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 ordinance is hereby ratified and affirmed.
Section 6. Effective Date. This ordinance shall be effective five (5) days after passage
and publication as provided by law.
PASSED by the City Council of the City of Federal Way this Zl day of June, 201 l.
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- Page 4 of 6
Rev 1/10
EXHIBIT A
AMENDMENT NO. 2
TO
CONCOMITANT AND DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF FEDERAL WAY AND THE CHRISTIAN FAITH CENTER
FOR DEVELOPMENT OF CHURCH AND PRIVATE SCHOOL
This Amendment No. 2(Amendment) is made between the City of Federal Way, a Washington
municipal corporation (City), and Christian Faith Center (CFC), a Washington nonprofit
corporation. The City and CFC (together Parties), by mutual consent of the parties, agree to
amend the original Agreement for development of a church and school (Agreement) dated
effective July 21, 2004, as amended by Amendment No(s). 1, as follows:
1. SECTION 9.4.4. Section 9.4.4 of the Agreement shall be amended as follows:
Prior to a�proval of any seatin� ca�acity expansion that results in total seating
exceeding 3 375 seats in the sanctuar� except as noted below for special events,
CFC shall submit to the City for review and a�proval an updated traffic analysis
that analyzes the impacts and identifies mitigation for those impacts at that time.
In the event that the Public Warks Director finds that the si�nal is warranted
based on the submitted reports, CFC shall construct street improvements
consistent with the attached Exhibit G-4 to signalize the intersection of SR 99 and
South 344` Street and provide a westbound-to-southbound left-turn lane within
existing right-of-way. If delays beyond the control of CFC and the City prevent
the completion of these improvements by the time of issuance of certificate of
occupancy, CFC may obtain a certificate of occupancy subject to the Public
Works Director requiring temporary traffic control measures for up to one hour
following the end of each Sunday service until such time that the traffic signal is
operational.
Any combination of fixed/unfixed seatin� not exceeding 3,800 shall be permitted
for irregular special events not occurring on Sundays. The analysis and traffic
mitigation described above shall not be triggered for such special events.
2. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with
any prior amendments thereto, not modified by this Amendment, shall remain in full force and
effect. The parties whose names appear below swear under penalty of perjury that they are
authorized to enter into this Amendment, which is binding on the parties of this contract.
3. RECORDING. This Amendment shall be recorded with the Real Property Records Division
of the King County Records and Elections Department.
Ordinance No. 11- Page 5 of 6
Rev 1/10
IN WITNESS, the Parties execute this Agreement below, effective the last date written below.
CITY OF FEDERAL WAY
:
Skip Priest, Mayor
DATE:
ATTEST:
City Clerk, Carol McNeilly, CMC
APPROVED AS TO FORM:
City Attorney, Patricia A Richardson
CHRISTIAN FAITH CENTER
B
Printed Name:
Title:
DATE:
STATE OF WASHINGTON )
) ss.
COUNTY OF )
On this day personally appeared before me , to me known to be the
of that executed the
faregoing instrument, and acknowledged the said instrument to be the free and voluntary act and
deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that
he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate
seal of said corporation.
GIVEN my hand and official seal this day of
Notary's signature
Notary's printed name
Notary Public in and for the State of Washington.
My commission expires
2011
Ordinance No. 11- Page 6 of 6
Rev 1/10
COUNCIL MEETING DATE: June 21, 2011
CITY OF FEDERAL WAY
ITEM #:
CITY COUNCIL
AGENDA BILL
SUBJECT: AMEND FEDERAL WAY REViSED CODE CHAPTER 12.SO REGARDING FALSE ALARMS
Po�1CY QUESTION: Should the City Council approve and adopt the proposed revisions to Chapter 12.50, Alarms?
COMMITTEE: PRHS&PS
CATEGORY:
❑ Consent
❑ City Council Business
STAFF REPOxT BY: Chief Brian Wilson
� Ordinance
❑ Resolution
MEETING DATE: June 14, 201 1
❑ Public Hearing
❑ Other
DEPT: Police
Summary: Federal Way Revised Code ("FWRC") Chapter 12.50, "Alarms," sets forkh the requirements regarding
alarm registration, service fees for responding to false alarms, and the process for no response to excessive false
alarms in the City of Federal Way. Updates to Chapter 12.50 FWRC are needed to remove obsolete language and to
accurately reflect how this Chapter of the FWRC is currently administered and enforced.
Attachments: Staff Report; Proposed Ordinance updating Chapter 12.50 FWRC, Alarms.
Options Considered:
1. Approve the proposed ordinance revising sections of Chapter 12.50, Alarms, and authorize the Finance
Director to amend the City's Fee Schedule to effectuate the revisions to the code.
2. Do not approve �ro�osed revisions to Chapter 12.50, Alarms, and provide direction to staff.
__
MAYOR'S RECOMMENDATION The Mayor recommends approval of the proposed ordinance updating Chapter 12.50
FWRC and authorizing the Finance Director to amend the C.ity's Fee Schedule accordingly.
'`� ��/��'���� DIRECTORAPPROVAL: ' �.�.��/ ��'� /��'�� ����
MAYOR APPROVAL: ,,,. < f ��� f � J. � � J �'1 ,� �
r�.,, ;rrPP r r,l Committee Council �
COMMITTEE RECOMMENDATiON: I move to forward the pYOposed ordinance updating Chapter 12.50 FWRC to
First Reading on June 21, 2011 and recommend that the Pinance Director be authorized to amend the Ciry's Fee
Schedule accordingly. �
1 READING OF ORDINANCE (J[JNE Z1, 2011): I move to forward approval of the proposed ordinance
updating Chapter 12. SO FWRC, Alarrns, to the July 5, 2011 Council Meeting for adoption.
2" READING OF ORDINANCE (JULV 5, 2011): I move approval of the proposed ordinance updating Chapter
12. SO FWRC, Alarms, and authorize the Finance Director to amend the City's Fee Schedule accordingly. "
BELOW TO BE COMPLETED BY CLTY CLBRKS OFFICE)
COUNCIL ACTION:
❑ APPROVED
❑ DENIED
❑ TABLED/DEFEI2RED/NO ACTION
❑ MOVED TO SECOND READING (ordinances only)
REVISED — 08/12/2010
COUNCIL BILL #
1 reading
Enactment reading
ORDINANCE #
RESOLLJTION #
�1�
PROPOSED COUNCIL MOTION(S):
CITY OF FEDERAL WAY
CITY COUNCIL COMMITTEE STAFF REPORT
DATE:
TO:
VIA:
FROM:
SUBJECT
June 14, 2011
Parks, Recreation, Human Services and Public Safety Council Committee
Skip Priest, Mayor �,
;;:,j� ���i� �'��
Brian J. Wilson, Chief of Police 1' ?
Amend Federal Way Revised Co'�le Regarding Alarms
Background: In 2010, the Federal Way Police Department responded to 2,357 alarms and 1,548
(65%) of those alarms were determined to be false alarms. This represents a significant
consumption of police resources. Unfortunately, the cost recovery for these false alarms is
substantially limited by the current Federal Way Revised Code that permits three false alarms for a
single user before a false alarm fee is charged. Therefore in 2010, only 10% of the false alarms
resulted in any recovery of costs.
The table below indicates the number of alarmed residences/businesses that experienced one or more
false alarms.
Number of False Alarms
1 2 3 4 5 6 7+
550 172 55 22 8 7 13
Many of our fellow Puget Sound Region cities implemented False Alarm Reduction Programs in
2009 and 2010 in an attempt to impact the number of false alarms. The majority of these programs
use negative financial incentive to encourage alarm users to improve management of their alarm
systems and prevent false alarms. Strict programs charge a false alarm fee immediately and require
an annual registration fee. Refer to the table in Appendix A:
A police response to a burglary alarm normally requires two units (officers) to respond. A robbery
type of alarm requires additional police units to respond and may involve 3-4 units. This accounts
for Auburn's differination between the types of alarms and the increased fee for robbery alarms.
Tacoma's program is different in that the alarm monitoring company is responsible to pay all fees
related to alarm operations within the City, including false alarm fees. It is up to each individual
alarm monitoring company what amount, if any, of the costs will be passed along to the actual alarm
user. The program is internally administered by the City of Tacoma by an employee in the Permit
and License Department.
The Security Industry Alarm Coalition (SIAC) recognizes that the most common reasons for false
alarms are:
• User error
• Unlocked or loose doors and/or windows
• Children, neighbors, or visitors
• Cleaning or repair crews
• Pets
• Equipment malfunction
The majority of alarm users will correct these causes of false alarms after one false alarm and our
2010 statistics reflect this assertion. Therefore, SIAC recommends escalating and meaningful fines
for chronic abusers. It is also recommended by the Police Department that the user remains
responsible for the false alarm fees since most of the common reasons for false alarms are directly
related to conditions controlled by the user and not the alarm monitoring company.
Federal Way Alarm Program: The Alarm Program is managed by the front counter receptionist,
Gretchen Sund, in the Records Section of the Police Department. She currently allocates
approximately 40% of her 40 hour week to the management of this program. It is estimated the
recommended change in false alarms fees would increase this time to 60%. Volunteers would be
used to attempt to mitigate this increase in fee processing. Her duties as it relates to this program
are:
• Enter alarm registration information.
• Track false alarms from the Computer Aided Dispatch (CAD) data
• Mail false alarm bills
• Accept, receipt and deposit false alarm fees
Recommendation: The Police Department recommends the below listed false alarm fee schedule to
be applied during a 12 month period. Panic alarms would be exempt from a false alarm fee.
Alarm
` False Znd
Free 25
Free 50
3rd 4th
50 100
75 150
Sth 6+
150 200
225 300
`.
7
APPENDIX A
Ci l s ` False 2" 3rd 4 th Sth (+ False
Auburn* Burglary = 100 Suspends Response after three false
Robbery = 200 alarms
Non-re istered = +200
Bellevue Free 75 100 125 150 200
Ma order disconnect
Burien 100
Des Moines Free 100 200
Federal Way Free 50 100
Ma sus end res onse
Fife Free 30 60
Kent 10
Renton Free 50 100
Ma sus end res onse
Tacoma* 65
Tukwila Free 25
* Annual registration tee
ORDINANCE NO.
AN ORDINANCE of the City of Federal Way, Washington, relating to
false alarms; amending sections of Chapter 12.50 FWRC. (Amending
Ordinance Nos. 09-599, 07-573, 93-193.)
WHEREAS, Federal Way Revised Code ("FWRC") Chapter 12.50, "Alarms," sets forth the
requirements regarding alarm registration, service fees for responding to false alarms, and process for
no response to excessive false alarms in the City of Federal Way; and
WHEREAS, updates to Chapter 12.50 FWRC are needed to remove obsolete language and to
accurately reflect how this Chapt'er of the FWRC is currently administered and enforced; and
WHEREAS, the City Council of Federal Way finds it is in the best interest of the citizens to
update Chapter 12.50 FWRC as described;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DOES ORDAIN AS FOLLOWS:
Section 1. FWRC 12.50.020 is hereby amended to read as follows:
12.50.020 Alarm users registration required.
�� � of+or �, ,.,o �n � oo� nNo person shall operate or use an alarm system on any premises
within the city of Federal Way, under that person's control, without first having obtained from the
�;+., ^�°r'-'° ^� Department, a separate registration for each premises protected by an
alarm system.
(2) The police department may not respond to any alarm system for which a registration has
not first been obtained.
(3) For the purposes of this section, a person shall be deemed to be an operator or user of
an alarm system if:
(a) The person controls both the alarm system and the premises upon which it is
installed; or
(b) The person controls the premises and is the subscriber, client or tenant of the system
subscriber; or
(c) The person is the system subscriber or alarm user.
(4) All persons required to obtain a registration must complete a r�gistration application form
which is provided by the ' ' ' Police Department. Information required to be provided
on the registration application form includes, bufi is not limited to:
(a) Subscriber's and/or alarm user's name, address and telephone number(s);
(b) Names and telephone numbers of three additional persons who will respond in the
Ordinance No. I1- Page 1 of 6
Rev 1/10
event of alarm activation in the absence of the alarm user and said person will provide access to
premise and be able to deactivate alarm, or said persons will provide information on who to
contact for access;
(c) The electrical inspection permit number;
(d) Name of the alarm business responsible for regular maintenance and that companys
electrical contractor's license number; ,
(e) The information required in subsections (3) and (4) of this section shall not applyto
alarms which are installed by the homeowner/tenant;
(f) The information required in subsection (4)(c) of this section shall not applyto (a)
existing alarms or (b) alarms which are installed in multiple-tenant buildings.
(5) Failure to complete the required information will result in automatic denial of the
registration.
(6) Each registration shall be given a number which shall not be transferable.
(7) Completed applications for an alarm user's registration and a re�stration fee as set forth
in the Citws annual Fee Schedulef°° r°°^'� �+�^^ shall be filed with the s+�sl °YL �crt��vm�v ° r. Police
Department,
nn�n�mon4 nf }hic nh�n�or
(8) A penalty fee as set forth in the Citds annual Fee Schedul�f°,�-,z�'� �+.��will be charged,
in addition to the registration fee provided in subsection (7) of this section, to a userwho fails to
obtain a registration within 30 days after the system becomes operative, or to a current user who
fails to obtain a registration.
(9) Registration fees shall be payable to the city of Federal Way and deposited into the citys
general fund to be used exclusively for the direct or indirect support of law enforcement
activities.
(10) Any person who owns, operates, or possesses any alarm system within the city of
Federal Way, which does not conform to the requirements of this chapter, shall disconnect that
alarm and render it inoperable or alter it in accordance with this chapter no later than July 31,
1994.
(11) If a residential alarm user is over the age of 62, or is an economically disadvantaged
person and is a resident of the residence, and if no business is conducted in the residence, a
registration may be obtained from the ^�+�� � 1°rL'c „ � , �oPolice Department according to
subsection (4) of this section without the payment of a fee.
(12) The following shall be required to obtain a registration under this chapter, but shall not
be required to pay any fee:
(a) Businesses which are nonprofit organizations, including but not limited to religious,
civic, charitable, benevolent, nonprofit, cultural, governmental or youth organizations.
(13) Alarm user shall notify police department, within 10 days, of any change of information
from that contained on the registration application.
Section 2. FWRC 12.50.030 is hereby amended to read as follows:
12.50.030 Service �g2Sfees for ��^��false alarms.
(1) Service s�iar�esfees will be assessed by the ^c+'�; ^�Chief of Police or designee for
��^�� false alarms during the registration year-a�#e�le� as outlined in the Citys annual
Fee Schedule.
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(2) The s+#�-s1er-�Chief of Police or designee shall send a notice of false alarm determination
Ordinance No. 11- Page 2 of 6
Rev 1/10
to the alarm user and the alarm business by regular mail ^f +h � ^ v'c�'r�m for the second and �
subsequent false alarms. The notice shall include the amount of the-��r service fee and the
consequences of the failure to pay the�e�a�y service fee. The ^'+'�Chief of Police or
desiqnee shall also inform the alarm user of the right to appeal the validity of the false alarm
determination, as provided in FWRC 12.50.090. If the service �efee has not been received
in the ' ' ePolice Department within 50 days from the day the notice of service
s#�a�gefee was mailed by the ^�+., n1orL�c „ � , �oPolice Department, and there is no appeal
pending on the validity of the false alarm, the si#�-sle�Chief of Police or desiqnee shall send the
notice of service sk�a�gefee by certified mail along with a notice of late fee as set forth in the
City's annual Fee r,�',��nSchedule. If payment is not received within 14 days of the day the
notice of late fee was mailed, the ^^'�^��Chief of Police or designee may initiate the no
response process and enforcement of penalties.
Section 3. FWRC 12.50.040 is hereby amended to read as follows:
12.50.040 No response to excessive false alarms.
(1) After the sixth false alarm in a registration year, the si#�-sle��Chief of Police or desiqnee
shall send a notification to the alarm user by mail, which will contain the following:
(a) That the sixth false alarm has occurred.
(b) That if any additional false alarms occur within the remainder of the registration year,
the police may not respond to any subsequent alarms without the approval of the �sl+se
s�ie#Chief of Police or desiqnee and the alarm user registration can be revoked.
(c) That the approval of the �+e#Chief of Police or designee can only be obtained
by applying in writing for reinstatement. The ^^'�^�-o":�Chief of Police or desiqnee may
reinstate the alarm user upon a finding that reasonable effort has been made to correct the false
alarms which includes consideration of a letter from user's alarm company, duly registered to do
business in the city of Federal Way, which states the alarm system is operating properly and the
alarm user(s)' agents are properly trained in the alarm system operation. The City of Federal
Way shall not be responsible for any costs incurred by the user to qualify for reinstatement.
(d) That reinstated users will be billed for any false alarm responses after reinstatement,
and will be subject to further revocation after any more false a►arm responses during the
remainder of the registration year. Registrations will not be reinstated if there are any
outstanding fees ^r �o^,;^o nhorrvoc due.
(e) That the alarm user has the right to contest the validity of a fafse alarm determination
through a false alarm validity hearing as set forth in FWRC 12.50.090.
(2) After the sixth false alarm within a registration year, or in case of a delinquent payment
pursuant to FWRC 12.50.030, there may be no police response to subsequent alarms without
approval of the ^^'�^� ^��Chief of Police or designee. If police response is suspended, the
^^��^� ^�;;�Chief of Police or designee shall send a notification of the suspension to:
(a) The department's communications center,
(b) The department;
(c) The alarm user by certified mail; and
(d) The persons listed on the alarm user's registration who are to be contacted in case of
an emergency, by certified mail.
(3) The suspension of police response to an alarm shall begin 14 days after the date of
service of the notice of suspension of service to the alarm user unless a written request for a
false alarm validity hearing has been made in the r�quired time period as set forth in FWRC
12.50.090.
Ordinance No. 11- Page 3 of 6
Rev 1/10
Section 4. FWRC 12.50.080 is hereby amended to read as follows:
12.50.080 Special registrations.
(1) An alarm user required by federal, state, county or municipal law, regulation, rule or
ordinance to install, maintain and operate an alarm system shall be subject to the alarm system
regulations, provided:
(a) A registration shall be designated a special alarrn user's registration.
(b) A special alarm user's registration for a system that has five false alarms in a
registration year shall not be subject to the no response procedure and shall pay the �e�aal�y
#�s--�^�applicable service sk�a�gesfees.
(2) An alarm user that is a governmental political unit shall be subject to this chapter, but a
registration shall be issued without payment of a reqistration fee and shall not be subject to
service s#a��esfees or the imposition of any penalty provided herein.
Section 5. FWRC 12.50.090 is hereby amended to read as follows:
12.50.090 Administrative hearing.
(1) An alarm user may appeal the validity of a false alarm determination or the assessment
of penalties to the �e�+���i+e�Chief of Police or designee, by filing a written notice of appeal with
the ^'''� of Police or desiqnee within 14 calendar days from the date of service of the
notice of a false a�arm or notice of any �yservice fee. Service shall be deemed complete
upon the third day following the day upon which the notice is placed in the mail, unless the thi�d
day falls on a Saturday, Sunday or legal holiday, in which event service shall be deemed
complete on the first day other than a Saturday, Sunday or legal holiday following the third day.
The city may also request a hearing before the �elise-s#ie#Chief of Police or desiqnee to assess
costs, modify previous orders, or to enter other orders as needed. Failure to contest the false
alarm determination in the required time period results in a conclusive presumption for all
purposes that the alarm was false.
(2) Within 10 days of the clerk's receipt of the appeal, the �el+s�s#iefChief of Police or
designee shall set a public hearing for a date within 30 days of the clerk's receipt of the appeal.
Written notice of the time and place of the hearing shall be served on the user by the si�y
�'�Chief of Police or desiqnee, by certified mail, at least 10 days prior to the date set for the
hearing.
(3) The hearing shall be before the Chief of Police
or desianee. The alarm user and the city shall have the right to present written and oral
evidence. If the hearing officer finds that the appellant has prnven by a preponderance of
evidence that an alleged false alarm did not occur during the registration year, the hearing officer
shall vacate the false alarm determination. If the hearing officer finds that the appellant has
proven by a preponderance of evidence that any penalties are improper, the hearing officer shall
waive them. Otherwise the hearing officer shall affirm the false alarm determination and
penalties. The hearing officer shall issue a written decision, including findings of fact,
conclusions, and order within 14 days of the hearing. If false alarm determinations are affirmed,
the sit�-�e�4E of Police or desiqnee shall pursue the collection of the �e�a�ieSService fees.
If the si�}�pepa�y service fee is not found to be proper, then the alarm user shall bear no costs.
(4) If a hearing is canceled more than 10 days after its request, then a cancellation fee as
set forth in the Citys annual Fee Schedul�f°° r°°^'� �+�^^ must be paid.
Ordinance No. I1- Page 4 of 6
Rev 1/10
Section 6. FWRC 12.50.100 is hereby amended to read as follows:
12.50.100 Violations — Penalties.
In addition to any fees that may be assessed pursuant to this chapter�#e�-per�a�#�}, a
violation of any provision of this chapter is a civil infraction pursuant to Chapter 1.15 FWRC.
Section 7. Severabilitv. 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 8. 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 9. Ratification. Any act consistent with the authority and prior to the effective
date of this ordinance is hereby ratified and affirmed.
Section 10. 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.
Ordinance No. 11- Page 5 of 6
Rev 1/10
PASSED by the City Council of the City of Federal Way this _ day of 2011.
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- . Page 6 of 6
Rev 1/10