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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 � �Z�:r:«rr.sr�rr_i�r_�ssa 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. ECY 070-374 (06/10) Page 10 Part 2 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 ECY 070-374 (06/10) Page 11 Part 2 FY 2011 Stormwater Retrofit and LID Grant Program 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 ECY 070-374 (06/10) Page 12 Part 2 FY 2011 Stormwater Retrofit and LID Grant Pro�ram 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 ECY 070-374 (06/10) Page 13 Part 2 Ti`v 7n11 Q+,�«....__,�.�..� n..a__�r_� __� r ir r--- _. �, i i�+vi 1 1J�,V11117� Q�L.j 1\\.11 Vll� Q1lU L1L <Tl Q11L r I V�I Alll 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: ECY 070-374 (06/10) Page 14 Part 2 FY 2011 Stormwater Retrofit and LID Grant Program 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 ECY 070-374 (06/10) Page 15 Part 2 FY 2011 Stormwater Retrofit and LID Grant Pro�ram • 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. _ ECY 070-374 (06/10) Page 16 Part 2 T TT� !\ T r Y �vil �iurmwaLer neiruii� aiiu i.i� �rai�i r� 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 ECY 070-374 (06/10) Page 17 Part 2 FY 2011 Stormwater Retrofit and LID Grant Program 2. PROPOSED BUDGET (up to 150 points Scoring Guide Total 150 Points Complete project budget is consistent with the scope of Up to 20 pts. work_ 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) ECY 070-374 (06/10) Page I8 Part 2 FY 2011 Stormwater Retrofit and LID Grant Program Match Source _ _ _ __ _ --___ __ List other funding sources and amounts, including local cash matching funds. In-kind contributions are not 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 ECY 070-374 (06/10) Page 19 Part 2 FY 2011 Stormwater Retrofit and LID Grant Program 3. SEVERITY OF PROBLEM, STORMWATER QUALITY, AND HYDROLOGIC IMPROVEMENTS Scoring Guide Total 300 Points Severity of the stormwater problem is well documented. Up to 75 pts. Project 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� ECY 070-374 (06J10) Page 20 Part 2 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 ECY 070-374 (06110) Page 21 Part 2 FY 2011 Stormwater Retrofit and LID Grant Pro 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 ECY 070-374 (06/10) Page 22 Part 2 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. ECY 070-374 (06/10) Page 23 Part 2 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 ECY 070-374 (06/10) Page 24 Part 2 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. ECY 070-374 (06/10) Page ZS Part 2 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. ECY 070-374 (06/10) Page 26 Part 2 FY 2011 Stormwater Retrofit and LID Grant Program Reviewers will award points based on skills, qualifications, and experience of the project team members. Describe roles and responsibilities of each team member. As applicable, include contractors and partner agency roles. Include the estimated amount of time each team member will devote to the project. (e.g., what percentage of each team member's work week will be devoted to this particular project?) Describe the relevant skills and qualifications of each team member (do NOT submit resumes). Discuss your commitment to maintain staff competencies and responsibilities over the life of the project. 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 ECY 070-374 (06/10) Page 27 Part 2 1 T TT !`I T r Y �vl l�iurmwaier tce�ruiii aiiu Li�, �� r � ��� a��� 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 ECY 070-374 (06/10) Page 28 Part 2 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. ECY 070-374 (06/10) Page 29 � Part 2 FY 2011 Stormwater Retrofit and LID Grant Program 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 ECY 070-374 (06/10) Page 30 Part 2 Tt T A A� � !�I � T M. 1 T TT !�I T I' Y GV11 ►JLUf[IIWiILCC l�rlCUlll. AIIU L1L lTi rI • 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 ECY 070-374 (06/10) Page 31 ra�� ^n� � c Part 2 T I" � 7 T 7 T !"1 T 1� 1 GV11 �.71VI111VVd1.CI itCll "AIIU L1L l�I rCU�'I 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% ECY 070-374 (06/10) Page 32 Part 2 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 � . �.�-_�-� :.�� �� �,, ���� � h� � � � � i i R � S. 356TH REGIONAL STORMWATER FACILITY REfROFIT A POR110N OF iHE NE QUAR?ER OF 529T21504 , FEDERAL WAY WA FIGURE 3 - CONCEPTUAL PLAN , .. . . � �� ,., `�,� , �- :- ; , . �-� _-- > f �'" , , , 'L.,S �` - - _ _ . .,. , y J � • s � � �' ` � � \ , . . �„ �� N �'' .,..: , , , � ,'`%� � ; - �� '` '- ;" .. . , � ' . - � �' j' � .- ,..,. _"� ,�''+,.�-'' a ���;, ❑UTF�CIW FROM E=xISTING ROUTEC TO NEw WEINOND 7 , V.-- o � � y i,r I l. rs`� � � � �. / � � ' � , ^!� r ' _ � E;xISi(NG REGI�JNa� ' �-�- ����� � � / ��� � } � "�-�. ��"� � �� , _ �,��r ���.�' T[7 BE REM[7v D� TENTI�N r�ACILITv � - _ h -,� EXJ iSTING ASPF�AL� . - - � � o r 1 � �'r+'i' ,. �� ,. ' � � _. . .. - — ' � � v ij � �" � �.� �_ _ - _ � � �;��'" � INiERCEf T tX[STIN S 356TH � � � , � � � --,r + C � ,��"� � _ \ B O DwA[ E C BII'RE � I HRU �` T ,_,� "fi ROUTE � . � . ,;; ::�. ,... Efv � ' `_``� ='— �A . _ l—' , � N CTION, � _ _ ' TFIEN INT� 4, t. �PC!� _ : � . _ _ _ :. ._ —.__— - PERVIOUS PAVEMENT rv ❑ND ACCESS DRIVEWAY . _�`�°-- �� - 910FILTRA7ION �`'- y ' = —�. �\ ,`� , - -_ _�- _-_!` _- �_� - t J �SWALE , . . � . x. . . �: . � - � ` . .�' I -�.-� . r ;-,, PpND F�CCESS RAMP y � ., 5.122 AC-FT CMAX) '� -�_,' -�� _ „ _ ;.`, , � .. DFTENTILIN VOl_UME _� _ - ' j. A � ..._� - s � \, •� ., \ �, - 6580 AC-FT <MAX) . �� � ( `. \ � '�! :. "� �� .. :��� __ WETPO�L VOLUMh .- . � �. 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' _ � � ' � ±`�- "' --� . _�WATER, & JNADE PF;�JDI�C;NG NATfVE PLANT:NGS �"'�. .✓� � ��� � � .. � �w� � � �� � . r�� � �►� ��� �' r � '`, ` _ _ '. � .. ' w./ . /, .\ ♦, � . .. . /r � �- 4 �� .. - ,,, . , .� � ` \ _ .?,., ' � .'- �` 3 s�rn 1 a i � � 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) 13 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 14 • 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, 18 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. 19 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 Year 2012 C'usts in $ thousxnds sYears ?011 2U1? I 2013 ' 201-1 ?O1S � 2 101 _ __ _ — — �--- -�- -T - - I - -�-- _-r -- - 47S I ---- ' —} - 102 284 1 --- I T---- 0 0 44U I 475 �I 2,101 , 0 18,250 I 15.48U � 10,813 �'_6.01� I 26.902 L'3R4 4 150 1,874 1,238 7,552 1,910 9.091 I I 700 I I 012 700 2,101 -- 2,801 475 386 0 5.817 �1.t,�,�G'1 ,S�O'ld)1G7,� _ E ' ,....., y yy �1 ,_ _ � 2,2�tl_5T �,:.. . S ?,Z�d ST . .. . < �c9 � � I „ r _. � . �PA �".. ,, �r �r, � �... �.�I mP �N !., � � .. � ���$ s zaein sr '.. � y.zseih si � �,: ':o �.� f . a 1 � A Y, .........,. NtQ x � � � � QO\ . . .. .. � � S 9? � 3G4In Si � ' � ^... n,»��� � ta° � h � __ � ,_- ! � � „� Qo ���TPA.� y�' gS � � �. .., . �.,_,� �� �O ..�i• . � ;lr�. ,.� . . � �,. , ., :, ��:r'�� , � � �� � � � '� • j „' qc ,, � ` � , r ; �.. � _ izmsl i �'�,.��iur sr� s�, .� .. � � �409- - _ Y �Oq�HP,O�TI'($�' � / r,-.. � � , i .r� , i LL ,_ •1. ' � , ' W 3�70�h $T_ ..._ _ �W 3201h ST �20m 5T :� � �� S 31(y`Sj .. � . peAS . - . _ "� ; .�. �,�, y . �m [._...... 1 �YO�� Q', Q� � 5'314Vi $( � �" .,� `� � � � �� �.. � � �. �, � � � � � � � ,; �, z .._ ..� � ��'.._�. � � w '9 . �.... `., ' �. , _ .. `,, 338M ST � ¢ � � �� � \ }'',.. BEP,Y „` , • SW .. W W � ��.J i.,,. _ NORTM$MQ � _ {. �k.�_ 1 . I z �d� . .M o � S336n sT....�� ,.t1 � _.. " 9R � , s 4, '., � m� f � ) t & � v��, R ` \ �, ,g � , ` r 5• i � ` �� ,.,� i i � .,� . , ��r .. . _ . � � �______" _ ___+ � � . � � , � �� ;� ' / y 3 � , �3d@ih9T i WY��.18 , ��. i \ t ii� ,. 1 'c'l9/eJP( �F � �, . � . � , \� f ! .A.._ „� I N .�.«'^Y. " I . � .. r , I W � f 1 m . W , � � . .AOq.� 1 �,. �v_�, �� � �� > �:... • ��509h � . � �� SW 3561h S� �, S 356�h Si . Q'� _ ." i W � .. �� . , � \Q • � , z i , � � � , � _ ._. , _ �% � �9�: yi ._.. __. m2 �� "' �` �� ?pf ,t � (� £ , � � r r \ �p r \ U � rv� i. 2 ..,`... . P � , m0 . .., ., Q � lii'3. �,��4' '�p_ 1509}q ��°�� '\ �r9 , ,*� � . � � ��� ��!9 R � . � . .. �P. a` �a � . / f ��, � \ � . . . � � I , h' , - h ! e�' � ,�e; � HWY �d � o* � i 3 > > z ' 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 :t !;�: c�(�F4,��t. �,'J:�'r � � f � n � � � f ; r � ' � � 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 .✓� � ���, � � . .; a�+'�� ��: ' . RECEIVED BY �, _-> :' COMMUN{TY DEVELOPMENT DEPARTMENT x�' � , z � '_�� � � �� : � � � � � �1�R 2 � 2011 ('. � �' } �"��� ' r �;' (''; � r , � ��, � ! � � ' �� �� ._., 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 ��� � � � � � � �� ��� �.. "P"�`� . � � � 1k � e f J , ����������� ���x �t��� � � , ^� �� � � �� ������ � � � 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 ;�:�:�.:����/��,:� .a'f d? `1. ; (� 1; ,, _�-��`; ���-ED�i�?�..���l�i�'� 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� ������ paGE,_.�_..��. �— � �.� �� � ,; �� � � ..� ° .. .. . . � � J�"�.. °i � `J . � `h ���A��9( �'��� ,� � � , .�'J � �,"���� � � ��� � �"'�`� � ����� �� ��� 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 / / _�-� / �_ ~ �-�`- / � � � � � / \ / IJOT - /� / E. 1NTERSECT(OfJ TO BE SIGNAUZED AS OF. MAY 10, 2004 `�/� �{ / � � � y �_ � .a,. z / / - - - --- - 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. Cr�� ir�h nr�l fif�h f�+lce �+Ir.rmc• foo oo+ fnr+h in foo roc�li i}inn rv � • �+�� 4h �+nrl �+rl�7i#'�n'+1 f�+l I�+rm • foo co4 fr+rl'h in foo rocl+li i�i�n d}j �'�' - q� - rn$�cc�cc�vrcrrm�c�rco v i a crvrr. (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