The URL can be used to link to this page

LUTC PKT 07-06-2015City of Federal Way City Council Land Use/Transportation Committee July 6, 2015 City Hall 5:30 p.m. Council Chambers MEETING AGENDA 1. CALL TO ORDER 2. PUBLIC COMMENT (3 minutes) 3. COMMITTEE BUSINESS Action Topic Title/Description Presenter Page or Info Council Date Time A. Approval of Minutes: June 1, 2015 Upton 3 Action N/A 5 min B. Approval of Minutes: June 8, 2015 Upton 7 Action N/A 5 min c. S 356 th Street (Pacific Highway South to Chandra 11 Action July 21, 2015 5 min Enchanted Parkway) Improvements Project Consent -85% Status Report D. Twin Lakes '15 NTS -35th Ave SW (SW 325th Preston 15 Action July 21, 2015 5 min Street to SW 32ih Street) Consent E. Authorization to enter into an Agreement Smith 21 Action July 21, 2015 5 min with King County for Services Related to Consent Effectiveness Monitoring of the S 356th St Retrofit and Expansion Project F. Authorization to Accept the 2016 Water Smith 31 Action July 21 , 2015 5 min Quality Algae Control Program Grant and Consent Enter Into a Grant Agreemen t with the Department of Ecology G. Catch Basin (CB) Rebuild Small Public Works Tang 55 Action July 21, 2015 5 min Contract Consent H. Authorization to enter into an Agreement for Thurlow 57 Action July 21 , 2015 5 min Water Resource Inventory 9 (WRIA 9) Consent I. 1st Ave S at S 328th Street Intersection Mullen 89 Action July 21, 2015 5 min Improvements -Bid Award Consent J. S 288th Street preservation Project -Bid Huynh 95 Action July 21, 2015 5 min Award Consent K. S 324th Street preservation Project -Bid Huynh 99 Action July 21, 2015 5 min Award Consent L. Acceptance of Transportation Grant -Perez 103 Action July 21, 2015 5 min Sacajawea Safe Routes to School Consent 4. OTHER 5. FUTURE MEETINGS/AGENDA ITEMS: The next LUTC meeting will be Monday, August 3, 2015 at 5:30 p.m. in City Hall Council Chambers. 6. ADJOURN Committee Members Bob Ce/ski; Chair Kelly Maloney, Member Lydia Assefa-Dawson, Member City Staff Marwan Salloum P.E., Public Works Director Shawna Upton, Administrative Assistant II 253-835-2703 This page left blank intentionally. 2 City of Federal Way City Council Land Use/Transportation Committee June 1, 2015 5:30 p.m. City Hall Council Chambers MEETING SUMMARY Committee Members in Attendance: Committee Chair Bob Celski and Committee members Kelly Maloney and Lydia Assefa-Dawson. Council members in attendance: Deputy Mayor Jeanne Burbidge and Susan Honda. Staff in Attendance: Public Works Director Marwan Salloum, Assistant City Attorney Mark Orthmann, City Traffic Engineer Rick Perez, Community Development Director Michael Morales, Streets Manager John Mulkey, Planner Manager Isaac Conlen, Principal Planner Margaret Clark, Senior Planner Matt Herrera, Street Systems Project Engineer Christine Mullen, and Administrative Assistant II Shawna Upton. 1. CALL TO ORDER Chair Celski called the meeting to order at 5:30 PM. 2. PUBLIC COMMENT (3 minutes) No public comment was received. 3. COMMITIEE BUSINESS Topic Title/Description A. Approval of Minutes: May 4, 2015 B. Committee approved the May 4, 2015, LUTC minutes as presented. Moved: Maloney Seconded: Assefa-Dawson Passed: Unanimously, 2-0 Chair Celski did not attend the May 4th meeting and abstained. Ordinance: Amending Federal Way Revised Code (FWRC) Title 14 'Environmental Policy' and Title 19 'Zoning and Development Code' Critical Areas Ordinance Periodic Update Mr. Herrera stated the Growth Management Act requires local jurisdictions to update their Critical Areas Ordinances. He identified the critical areas and provided a summary of the proposed changes. In addition to reviewing the critical areas ordinance, staff also thought it was a good idea to reformat the code. The existing regulations currently exist in nine separate chapters of the zoning code. The proposed revision will consolidate the nine chapters into one chapter titled Environmentally Critical Areas. Mr. Herrera highlighted some of the proposed changes. Article 1-Administrative; the administrative section generally applies to all critical areas. Changes in this section include unauthorized alterations and enforcement, critical area reports, exemptions and partial exceptions. Article 2-Geologically Hazardous Areas; these are areas prone to landslide, erosion or seismic hazard areas. Changes to buffers in those areas were noted. Article 3-Fish and Wildlife Habitat Conservation Areas; these include streams, lakes under 20 acres, areas with endangered, threatened and sensitive species and anadromous fish waters. Staff proposes to adopt the State Department of Natural Resources stream typing system. Article 4-Wetlands; staff proposes to adopt the State Department of Ecology rating system Forward to Council N/A June 16, 2015 Ordinance First Reading and Enactment Committee Members Bob Ce/ski, Chair Kelly Maloney, Member Lydia Assefa-Dawson, Member 3 City Staff Maiwan Salloum, P.E, Public Works Director Shawna Upton, Administrative Assistant II 253-835-2703 c. D. E. and urban buffer widths. Article 5-Critical Aquifer Recharge Areas; this section identifies the travel time for groundwater to public water source wells. There were no substantial changes made to this chapter but small housekeeping adjustments were made. Article 6-Frequently Flooded Areas; this only occurs along the Puget Sound shoreline. The Puget Sound shoreline is regulated under the shoreline master program and has its own set of regulations so no review or edits were made. A cross reference to the shoreline master program was noted. Discussion was held to gain clarification on some details within the different articles of the update. Committee forwarded Option #1 as presented. Moved: Maloney Seconded: Assefa-Dawson Passed: Unanimously, 3-0 Grant Funding for Transportation Projects -Authorization to Submit Applications Mr. Mulkey stated staff had discussions with the Transportation Improvement Board to determine which projects would be most competitive in the grant process. The Pacific Highway S HOV Lanes Phase V Project was selected from the Six Year Transportation Improvement Plan and staff believes it will be the best choice moving forward through the grant process and is asking to submit an application for funding. Committee forwarded Option #1 as presented. Moved: Assefa-Dawson Seconded: Maloney Passed: Unanimously, 3-0 2016-2021 Transportation Improvement Plan Mr . Perez noted the Transportation Improvement Plan is a six-year plan for transportation related capital improvement projects and is updated annually. Staff reviewed past prioritization criteria including concurrency level of service improvement, collision rate and severity, whether a project is supportive of high occupancy vehicles or non-motorized modes, level of community support, air quality improvements, ease of implementation and benefit cost ratios. Mr. Perez noted the projects that were completed and mentioned two projects that were removed. In addition, he briefly discussed two projects that had been modified and identified several new projects that are being proposed. Discussion was held regarding the newly proposed projects and specifically what improvements would be made if the projects moved forward. Committee forwarded Option #1 as presented. Moved: Maloney Seconded: Assefa-Dawson Passed: Unanimously, 3-0 1st Ave Sat S 32Bth St Intersection Project -Puget Sound Energy Interlocal Agreement Ms. Mullen stated as part of the upcoming project, staff has been coordinating with the utilities for them to relocate any facilities that are in conflict with the improvements. Puget Sound Energy is currently working to relocate their facilities . In an interest to reduce public disruption and overall costs, Puget Sound Energy proposed to leave their abandoned conduits in place temporarily and then reimburse the City for having the City's contractor remove the conduits during construction. A brief discussion was held regarding other utility line relocation in the area. Committee forwarded Option #1 as presented. Moved: Assefa-Dawson Seconded: Maloney Passed: Unanimously, 2-0 June 16, 2015 Consent June 16, 2015 Public Hearing June 16, 2015 Consent Committee Members· Bob Ce/ski, Chair 4 City Staff Marwan Salloum, P.E , Public Works Director Shawna Upton, Administrative Assistant II 253-835-2703 Kelly Maloney, Member Lydia Assefa-Dawson, Member F. G. H. Ordinance: 2015 Amendments to the Federal Way Comprehensive Plan (FWCP) - Citizen-Initiated Site-Specific Requests Ms. Clark noted there are four site-specific citizen-initiated requests which are part of the 2015 Comprehensive Plan Amendments. The four request are 1) Lee/Princen; 2) A&R Development, LLC; 3) Hiu Ok Paek; and 4) 32020 Professional Building. The Federal Way Comprehensive Plan is required to be updated every eight years and the deadline is June 30, 2015. The FWRC also requires the City to accept requests annually from citizens who are requesting changes to their zoning. This year, staff combined the annual update with the major update. Staff received five citizen-initiated requests but Belmar Mobile Home Park has since withdrawn their request. There was one request to amend the text of the Comprehensive Plan to allow senior housing, including assisted living and nursing homes, in the Commercial Enterprise Zone. Ms. Clark provided a summary of the four remaining requests. Lee/Princen is requesting a change in designation from Single-Family Medium Density Residential to Single-Family High Density Residential. A&R Development is requesting a change in designation from Office Park to Community Business. Hiu Ok Paek is requesting a change in designation from Multi -Family to Community Business. 32020 Professional Building is requesting a change in designation from Professional Office to Office Park. Committee forwarded Option #1 as presented. Moved: Maloney Seconded: Assefa-Dawson Passed: Unanimously, 3-0 Resolution: 2015 Amendments to the Federal Way Comprehensive Plan (FWCP) -Text Amendment Request Ms. Clark stated staff received one citizen-initiated request for a text amendment from Youngspring LLC, submitted by their agent Rob Rueber. In their request they asked for senior housing, including assisted living and nursing homes, to be allowed in the Commercial Enterprise zone. She addressed current block size, upcoming projects, and study data that suggests there is a need for housing but added the Mayor does not feel the CE zone is the most appropriate place for senior housing. She provided a summary of Mr. Rueber's comments to the Committee. A brief discussion was held regarding the CE zone and what type of business activities would fit best in that area . Committee forwarded Option #1 as presented. Moved: Assefa-Dawson Seconded: Maloney Passed: Unanimously, 3-0 Ordinance: Periodic Major Update to the Federal Way Comprehensive Plan (2015 Comprehensive Plan Amendments) -Text and Maps Committee Member Maloney made a motion to postpone Item H to the June 8, 2015 Land Use and Transportation Committee Special Meeting. Moved: Maloney Seconded: Assefa-Dawson Passed: Unanimously, 3-0 4. OTHER 5. FUTURE MEETINGS/AGENDA ITEMS : June 16, 2015 Ordinance First Reading and Enactment June 16, 2015 Business June 16, 2015 Ordinance First Reading and Enactment A Special LUTC meeting will be held Monday, Ju.ne 8, 2015 at 5:30 p.m. in City Hall Council Chambers. The next LUTC meeting will be Monday, July 6, 2015 at 5:30 p.m. in City Hall Council Chambers. Committee Members Bob Ce/ski~ Chair Kelly Maloney, Member Lydia Assefa-Dawson, Member 5 City Staff Marwan Salloum, P.E., Public Works Director Shawna Upton, Administrative Assistant II 253-835-2703 6. ADJOURN The meeting adjourned at 6:43 PM. COMMITTEE APPROVAL: Bob Celski, Chair Committee Members Bob Celsk~ Chair Kelly Maloney, Member Lydia Assefa-Dawson, Member Attest: Kelly Maloney, Member 6 Shawna Upton, Administrative Assistant II Lydia Assefa-Dawson, Member City Staff Marwan Salloum, P.E., Public Works Director Shawna Upton, Administrative Assistant II 253-835-2703 City of Federal Way City Council Land Use/Transportation Committee June 8, 2015 5:30 o.m. City Hall Council Chambers MEETING SUMMARY Committee Members in Attendance: Committee Chair Bob Celski and Committee members Kelly Maloney and Lydia Assefa-Dawson. Council members in attendance: Deputy Mayor Jeanne Burbidge. Staff in Attendance: Public Works Director Marwan Salloum, Assistant City Attorney Mark Orthmann, City Traffic Engineer Rick Perez, Community Development Director Michael Morales, Planner Manager Isaac Conlen, Principal Planner Margaret Clark, Senior Planner Matt Herrera, Senior Transportation Planning Engineer Sarady Long, Senior Traffic Engineer Erik Preston, and Administrative Assistant II Shawna Upton. 1. CALL TO ORDER Chair Celski called the meeting to order at 5:33 PM. 2. PUBLIC COMMENT (3 minutes) No public comment was received. 3. COMMITTEE BUSINESS Topic Title/Description A. 2015 Pedestrian Improvement Program -Rejection of Bid Mr. Preston stated this program is part of a two-year project to install Rectangular Rapid Flashing Beacons (RRFB) at 18 locations in the City. There was one bid received for this project by Westwater Construction Company. The bid came in about 35% above the engineers estimate. The City has the option to utilize King County and our existing NTS contractor to complete the work. A brief discussion was held regarding the use of King County to perform the work, what would be involved if the City went back out to bid and potential cost savings. Jim Styles, Federal Way resident, commented that it seems there is one location was bid much higher than any other location. He asked if staff talked to the contractor to find out why the amount was so much higher than the engineers estimate than the other locations. Committee forwarded Option #1 as presented. Moved: Maloney Seconded: Assefa-Dawson Passed: Unanimously, 3-0 Forward to Council June 16, 2015 Consent Committee Members Bob Ce/ski, Chair Kelly Maloney, Member Lydia Assefa-Dawson, Member 7 City Staff Marwan Salloum, P.E, Public Works Director Shawna Upton, Administrative Assistant II 253-835-2703 B. Ordinance: Periodic Major Update to the Federal Way Comprehensive Plan (2015 Comprehensive Plan Amendments) -Text and Maps Ms. Clark provided a brief background on this topic noting that the Growth Management Act (GMA) requires the City update the Comprehensive Plan every eight years. The deadline for the next major update is June 30, 2015. Public participation was very important during the process and Ms. Clark outlined the methods used to notify the public. Ms. Clark provided a brief summary of the proposed changes per chapter. Chapter One -Introduction Updates were made to reflect where the vision for future housing would go in the City Center and Mixed Use Commercial areas, added language on the growing medical sector as well as added language on how the plan would be implemented. Some ways to implement the plan would be to adopt sub-area plans, new zoning requirements, and strategic investments such as the Town Square Park and Performing Arts and Events Center. Chapter Two -Land Use This chapter was updated to add a new zoning map, updated historical and projected population growth, and housing and job target information were brought up to date. Based on Weyerhaeuser moving their corporate headquarters to Seattle in 2016, staff proposes to add a goal to evaluate and realize the potential of the former Weyerhaeuser properties in East Campus. Chapter Four -Economic Development Demographics were updated in this chapter to show the change in population and jobs between 1990 and 2010. Jobs decreased due to the 2008 recession and Federal Way has more housing than jobs. The vast majority of Federal Way workers commute to other areas for work. The vision for Federal Way has been restated to match the January 20, 2015 Economic Development Strategy. The vision will be accomplished by producing solutions to attract and retain businesses, jobs and investments along with improving the tax base and enhancing the quality of life in Federal Way. Chapter Five -Housing The Introduction has been expanded to address shifting demographic trends. Ms. Clark noted the market demand has shifted towards smaller housing units, rental housing and mixed use housing. Demographic information has been updated to reflect current conditions, historical trends and expected future housing trends. Chapter Six -Capital Facilities Capital Facilities are infrastructure and services provided by public entities. She provided examples of public entities in the City and what services they provide. Staff worked with the different providers to update their respective sections. There were no substantive edits in this chapter. Chapter Seven -City Center The City Center is comprised of the City Center Core and City Center Frame. The City Center Core has been designated as a regional growth center/urban center and is envisioned to have the highest density and intensity of uses. The City Center Frame is intended to provide a zone for less dense mixed use development and also intended to provide a transition between the dense City Center Core and areas outside the City Center Frame. Ms. Clark also noted the changes to the goals and policies in this chapter. Chapter Eight -Potential Annexation Area (PAA) Ms. Clark illustrated the potential annexation areas near Federal Way. This chapter contained information from 2003 studies when the City looked to annex the PAA areas. Staff is proposing to remove all the outdated information as the City has no plans to pursue June 16, 2015 Ordinance First Reading and Enactment Committee Members Bob Ce/ski, Chair 8 City Staff Marwan Salloum, P.E., Public Works Director Shawna Upton, Administrative Assistant II 253-835-2703 Kelly Maloney, Member Lydia Assefa-Dawson, Member annexation of the PAA. Past Council direction was to wait for a request for annexation and then prepare new studies. Chapter Ten -Private Utilities Private utilities include electrical lines, gas lines and telecommunications. Information was updated and a few new sections were added with associated goals and policies. Chapter Nine -Natural Environment Mr. Herrera presented information on this chapter and noted an effort was made to streamline this chapter and make it more user-friendly. Several of the new policies proposed are directly related to the critical areas ordinance update. The mitigation sequencing concept requires the applicant to demonstrate that all reasonable efforts have been examined with the intent to avoid or minimize impacts to a critical area. Proposed amendments regarding geologically hazardous areas are limiting disturbances in landslide hazard areas and, if necessary, establishing setbacks as recommended by geotechnical engineers. For streams, policy amendments are proposed that support a new stream typing system that reflects stream function and habitat. For wetlands, staff proposes to use the same rating system that the State and Federal government use. Mr. Herrera also noted there are three new goals and policies added which are private property rights, tree preservation and open space. Chapter Three -Transportation Mr. Perez briefly presented information on this chapter noting that the Level of Service standard was the main change proposed. Staff incorporated the Bicycle and Pedestrian Master Plan by reference and prepared an intelligent transportation systems plan which will lay out a communications network and plan to implement more sophisticated traffic control strategies with the traffic signals. Updates were also made to the text and maps. Mr. Perez further explained level of service standards in relation to intersections that will fail in the future if no improvements are made. Committee Member Maloney commented on Chapter Two. She asked for clarification on removal and replacement of trees and also asked if the Weyerhaeuser property can be designated as a historic building. Chapter one discussions included Committee Member Assefa-Dawson suggesting Children's Hospital be added and Deputy Mayor Burbidge would like to see the information for Senior Housing to reflect the accurate number instead of referencing 0% so that it doesn't appear · as though there is no senior housing in the City. Chair Celski suggested that the Comprehensive Plan updates be divided into smaller increments, in the future, and reviewed in chunks over the eight year cycle rather than update the majority of the document at one time. Chapter three discussions included Committee Member Assefa-Dawson asking for a better understanding of the High Point project and how it relates to traffic. Mr. Perez provided clarification addressing traffic mitigation, concurrency and road capacity when new developments are constructed. The Six Year Transportation Improvement Plan (TIP) is used to try and address potential traffic failures due to new development; He further explained how the High Point project impacts traffic in the area and what they will be required to do. Chair Celski mentioned he was glad to see the Bicycle and Pedestrian Plan included in the comp plan but shared a concern he has about bike lane markings that are on 10th Ave SW in the Twin Lakes area due to the speed and amount of traffic on that road. Mr. Perez stated that a bicyclist does have the same right-of-way as vehicles do on the road and that these markings are used to bring awareness and education to drivers as well as indicating to bike riders that this is a route that will get them somewhere. A brief discussion was held regarding the overall vision of the Bicycle and Pedestrian plan and the possibility of creating a route through the Commons so users can easily access the City Center. Discussion continued regarding upgrading the level of service in the City Center core in response to future population growth and an increase of visitors in the City. Committee Members Bob Ce/ski, Chair Kelly Maloney, Member Lydia Assefa-Dawson, Member 9 City Staff Marwan Salloum, P. E., Public Works Director Shawna Upton, Administrative Assistant II 253-835-2703 Conversation regarding Chapter four included the specific wording used in the vision statement for economic development. A few suggestions were made on how to modify that statement to make it more attainable. A suggestion was made to add information regarding the university initiative and a few business name corrections were also noted. Housing was discussed in chapter five. Committee Member Assefa-Dawson stated she has updated Housing Authority information to provide to Ms. Clark and noted she was happy to see affordable housing, larger single-family housing sizes to accommodate multi-generational families and affordable housing and income levels explained in more detail. Committee Member Maloney asked how to balance the levels between the different types of affordable housing. Staff noted it would likely be something that has to be addressed regionally but they will look into it. There was no discussion on chapter six for capital facilities. Chapter seven addressed the City Center. A brief discussion was held regarding the transit element. Potential annexation areas are addressed in chapter eight. The Committee asked for more information about the potential annexation areas near Federal Way and the annexation process in general. Chapter nine addresses the natural environment and Committee member Maloney asked for a more detailed explanation of tree preservation and wanted to know more about the incentives. There was no discussion on chapter ten relating to private utilities. Committee forwarded Option #2 as presented. Moved: Assefa-Dawson Seconded: Maloney Passed: Unanimously, 3-0 4. OTHER 5. FUTURE MEETINGS/AGENDA ITEMS: The next LUTC meeting will be Monday, July 6, 2015 at 5:30 p.m. in City Hall Council Chambers. 6. ADJOURN The meeting adjourned at 7:50 PM. COMMITTEE APPROVAL: Bob Celski, Chair Committee Members Bob Ce/ski, Chair Kelly Maloney, Member Lydia Assefa-Dawson, Member Attest: Kelly Maloney, Member 10 Shawna Upton, Administrative Assistant II Lydia Assefa-Dawson, Member City Staff Marwan Salloum, P.E., Public Works Director Shawna Upton, Administrative Assistant II 253-835-2703 COUNCIL MEETING DATE: July 21, 2015 ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: S356TH STREET (PACIFIC HIGHWAY SOUTH TO ENCHANTED PARKWAY) IMPROVEMENT PROJECT -85% STATUS REPORT POLICY QUESTION: Should the Council authorize staff to proceed with design of the S356th Street (Pacific Highway South to Enchanted Parkway) Improvement Project and return to the Council at the 100% design completion for further reports and authorization? COMMITTEE: Land Use and Transportation Committee CATEGORY: ~ Consent D City Council Business D Ordinance D Resolution MEETING DATE: July 6, 2015 D Public Hearing 0 Other Attachments: Land Use and Transportation Committee memorandum dated July 6, 2015. Options Considered: 1) Authorize staff to proceed with design of the S356th Street (Pacific Highway South to Enchanted Parkway) Improvement Project and return to the LUTC Committee at the 100% design completion stage for further reports and authorization. 2) Do not authorize staff to proceed with the present design of this project and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the July 21, 2015 City Council Consent Agenda for appro CHIEF OF STAFF: COMMITTEE RECOMMENDATION: I move to forward Option I to the July 21, 2015 City Council consent agenda for approval. Bob Celski, Chair Kelly Maloney, Member Lydia Assefa-Dawson, Member PROPOSED COUNCIL MOTION: "I move tO direct staff to proceed with design of the S356th Street (Pacific Highway South to Enchanted Parkway) Improvement Project and return to the LUTC Committee at the 100% design completion stage for farther reports and authorization." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED 0 DENIED 0 TABLED/DEFERRED/NO ACTION 0 MOVED TO SECOND READING (ordinances only) REVIS ED -08112/20 l 0 11 COUNCIL BILL# 15T reading Enactment reading ORDINANCE# RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: July 6, 2015 TO: Land Use and Transportation Committee VIA: FROM: Jim Ferrell, Mayor ~ ~ _ ____- Marwan Salloum, P.E., Public Works Director ~ Naveen Chandra, P.E., Street Systems Project Engineer ~ SUBJECT: S356th Street (Pacific Highway South to Enchanted Parkway) Improvement Project -85% Status Report BACKGROUND This project would result in the construction of a continuous 5-lane urban arterial with bike lanes between Pacific Highway South and Enchanted Parkway. The project will also include utility relocation, storm drainage improvements, paving, curb and gutter, sidewalk, street lighting, traffic signal modification, signing, channelization, and landscaping. The following provides a brief synopsis of the progress on this project to date. Currently, the project design is approximately 85% complete, which includes the following completed tasks: • The Topographical Surveys • Project Design to 85% • NEPA and Biological Assessment Documentations and submittal • The Environmental Site Assessment (ESA) Phase I • The Geotechnical Investigation • Right of Way Plan Preparation Ongoing Tasks Include: • NEPA and Biological Assessment Documentations Project Permitting • Channelization plans submittal and approval by WSDOT • Right of Way Requirements (Property Appraisals, Review Appraisals, Negotiation, and Acquisition) • Project Design to 100% PROJECT EXPENDITURES: Planning and Design Right of Way Acquisition Year 2015 Construction 10% Construction Contingency Construction Management (12 .5%) TOTAL PROJECT COSTS: $ 500,000 260,000 4,482,000 448,000 522,500 $6,212,500 12 Land Use and Transportation Committee S356th Street -Pacific Highway South to Enchanted Parkway Improvement Project -85% Status Report July 6, 2015 Page 2 of2 AVAILABLE FUNDING: Budgeted City Fund (Year 2013) Impact Fee Interest Earnings Lakehaven Utility District TOTAL AVAILABLE BUDGET: PROJECT BUDGET SHORTFALL: $1,000,000 $95,800 $1,813 $179,382 $1,276,995 -$4,935,505 As we proceed with the project design, the total project costs will be refined and presented to the Committee and Council at the 100% design completion status report for further action. This project is not scheduled for construction at this time. Construction funding needs to be identified. Cc : Project File Day File 13 K:\LUTC\2015\07-06-15 S 356th Street -Pac Hwy to Enchanted 85% Status.doc This page left blank intentionally. 14 COUNCIL MEETING DATE: July 21, 2015 ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: TWIN LAKES '15 NTS -35rn A VE SW (SW 325rn ST TO SW 327rn ST) POLICY QUESTION: Should the Council approve the installation of three (3) speed humps, two (2) lane dividers and one (1) traffic circle on 35th Ave SW and SW 325th St? COMMITTEE: Land Use and Transportation Committee CATEGORY: 0 Consent 0 City Council Business 0 Ordinance D Resolution MEETING DATE: July 6, 2015 D D Public Hearing Other DEPT: Public Works Attachments: Land Use and Transportation Committee memorandum dated July 6, 2015 Options Considered: 1. Authorize the installation of drree speed humps, two lane dividers, and one traffic circle on 35 111 Ave SW and SW 325 1h St. 2 . Do not authorize the installation of the proposed traffic calming devices and provide direction to staff. MAYOR'S RECOMMENDATION: Forward Option 1 to the July 21, 2015 City Council Consent approval. CHIEF OF STAFF: COMMITTEE RECOMMENDATION: I move to forward Option 1 to the July 21, 2015 consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of Option 1 to install three speed humps, two lane dividers , and one traffic circle on 35 11' Ave SW and SW 325 11' St." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED 0 DENIED 0 TABLED/DEFERRED/NO ACTION 0 MOVED TO SECOND READING (ordinan ces only) REVISED-1/2015 15 COUNCIL BILL# 15T reading Enactment reading ORDINANCE# RESOLUTION# DATE: TO: VIA: FROM: SUBJECT: July 6, 2015 CITY OF FEDERAL WAY MEMORANDUM Land Use and Transportation Committee Jim Ferrell, Mayor • ~-/ Matwan Salloum P.E., Director of Public Works ~ Erik Preston P .E., Senior Traffic Engineer ~ Twin Lakes NTS '15 -351h Ave SW (SW 3251h St to SW 321h St) BACKGROUND: Residents along 35th Avenue SW between SW 325th Street and SW 32ih Street submitted a petition on February 20, 2015 requesting the installation of speed humps or other traffic calming devices to control vehicle speeds in an effort to improve vehicular and pedestrian safety along 35th Avenue SW. A traffic study was conducted and the results are as follows: • Roadway Classification : Minor Collector • Average Daily Traffic (ADT): 2,058 • 85 1 " percentile speed: 30.6 mph • Total collisions: 3 • Injury Collisions: 0 Based on the current adopted NTS installation criteria (per table below), 35th Avenue SW scored 3.5 total severity points. This meets the minimum 3.0 severity points to qualify for the installation of traffic calming devices. Table 2 Minor Collector Street NTS Criteria Point 85th Percentile Average Daily Location 5-Year Collision History Scale Speed Traffic (ADT) School/Park Total Injury Fatal 0 .0 0 -25 0 -1,000 No 1 -- 0.5 26-27 1,001 -1,800 Yes 2 -- 1.0 28-29 11801 -21600 -3 1 - 1.5 30 -31 2,601 -3,400 -4 -- 2.0 32 -33 3,401 -4,200 -5 2 1 2.5 34-35 4,201 -5,000 -6 -- 3.0 36+ 5,001 + -7+ 3+ 2+ A neighborhood traffic safety meeting was held on March 31, 2015 with 19 attendees signing in. Although no clear consensus was reached, the attending group's majority proposal was to install two traffic circles (at the SW 325th St and SW 327th St intersections), one speed hump between them near SW 326th Street, and possibly another speed hump south of SW 32ih Street. Because of concerns a bout the traffic circles and vehicle speeds on SW 325th Street, improvement alternatives were developed that would address the ma j or safety concerns for each location. Additional traffic counts confirmed that this porti on of SW 325 'h Street near 35 'h Avenue 16 July 6, 2015 Twin Lakes NTS '15 Page2 SW would qualify for traffic calming improvements. A summary of the proposed options is summarized below and illustrated on the attached map. Location 1 -Intersection of SW 3251h St & 351h Ave SW Option IA would install a traffic circle with a small chicane on the east leg and divider island on the south leg of 35th Ave SW. Option JB would install two speed humps on SW 325 111 St and divider islands on the east leg and south legs of the intersection. ' Location 2-351h Ave SW between SW 325 1h St and SW 32'7'h St A Speed Hump is proposed at the location shown on the map between addresses 32519 and 32527 35th Ave SW. This is the only viable location for a traffic calming device on this section of roadway because no device can be located on grades over 8% or within 250 feet of a Stop sign. Location 3 -Intersection of SW 32'7'h St & 35 1h Ave SW Option 3A would install a traffic circle and change the intersection control to YIELD on all approaches. Option 3b would remove the north-and southbound Stop signs and add a raised crosswalk on the north leg of the intersection. The raised crosswalk would slow down vehicles and highlight the pedestrian crossing at the intersection. This option would be most effective with a speed hump at location 4. Location 4 -35 1h Ave SW south of SW 32'7'h St A Speed Hump is proposed at 32729 35th Ave SW, approximately 350 feet south of SW 327th Street. In accordance with established NTS policies, staff sent a total of 164 ballots to property owners and occupants within 600 feet (measured along the road centerline) of the proposed traffic calming device locations. The following table summarizes the ballot results: 2015 Twin Lakes NTS Ballot Counting Location Option Description Total 1 A Traffic Circle & Divider 23 35sw325 B Speed Humps & Dividers 25 c No Action 13 2 A Speed Hump 48 35 Ave SW B No Action 14 3 A Traffic Circle 33 35sw327 B TWSC & Raised X-Walk 12 c No Action 14 4 A Speed Hump 44 35Ave SW B No Action 15 A second neighborhood traffic safety meeting was held ·on June 10, 2015, with 19 attending, in which questions were answered and the balloting results and upcoming meeting dates were shared. The Traffic Division staff proposal follows the balloting results in recommending Option lB, 2A, and 3A; but removing Option 4A from the proposal since Option 3B was not selected. Adding another speed 17 July 6, 2015 Twin Lakes NTS '15 Page 3 hump to 35th Avenue SW may add unnecessary delay to motorists and excessive wear to transit vehicles considering the 4 existing speed humps, raised crosswalk, and 2 all-way stops further south. This speed hump can be added later ifthe follow-up study shows that it is needed. The proposed locations for 3 speed humps, 2 lane dividers, and one traffic circle have been marked on the street. The estimated cost of this project is approximately $25,000 which exceeds the $15,000 per neighborhood per year budget limitation policy. The current allocated NTS budget per year is $50,000 with $20,000 designated specifically for school NTS and/or school safety related improvements. Currently no school- designated expense is anticipated and only $11,000 has been spent, which leaves approximately $39,000 in this year's budget. The proposed package should be effective in reducing speeds on 35th Avenue SW and a portion of SW 325 1h Street. However, there may be some negative impacts to the neighborhood including inconvenience, noise, and a slight increase in emergency response time. cc: Project File Day File 18 Traffic Calming Options and Alternatives lA Traffic Circle 1B 2 Speed Humps (]'\ M This page left blank intentionally. 20 COUNCIL MEETING DATE: July 21, 2015 ------------------- CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM#: =====- SUBJECT: Authorization to enter into an agreement with King County for services related to effectiveness monitoring of the South 356th St. Retrofit and Expansion Project. POLICY QUESTION: Should Council authorize the City to enter into an agreement with King County for services related to effectiveness monitoring of the South 356th St. Retrofit and Expansion Project? COMMITTEE: Land Use and Transportation Committee CATEGORY: [SJ Consent D City Council Business D Ordinance D Resolution MEETING DATE: July 6, 2015 D D Public Hearing Other STAFF REPORT BY: Dan Smith, Surface Water Qualit Coordinator tlS..-DEPT: Pub_li_c _W_or_k_s ______ _ Attachments: Signed Agreement Options Considered: I. Authorize the Mayor to enter into an agreement with King County. 2. Do not enter into an agreement with King County and provide direction to staff. -------------------------------- MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the July 21, 2015 City Council consent agenda for approval. MAYOR APPROVAL: CHIEF OF STAFF: COMMITTEE RECOMMENDATION: I move to forward Option 1 to the July 21, 2015 Council consent agenda for approval. Bob Cel ki Chair Kelly Maloney Member Lydia Assefa-Dawson Member PROPOSED COUNCIL MOTION: "I move authorization to enter into an agreement with King County for services related to effectiveness monitoring of the South 356th St. Retrofit and Expansion Project." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED 0 DENIED 0 TABLEDfDEFERRED/NO ACTION 0 MOVED TO SECOND READING (ordinan ces only) REVISED -08/ 12/20 I 0 21 COUNCIL BILL# 18T reading Enactment reading ORDINANCE# RESOLUTION # DATE: TO: VIA: FROM: July 6, 2015 CITY OF FEDERAL WAY MEMORANDUM Land Use and Transportation Committee Jim Ferrell, Mayor / _. Marwan Salloum, P.E., Public Works Director ~ Dan Smith, Surface Water Quality Program Coordinator 9p- SUBJECT: S. 356"' RDF Effectiveness Water Quality Monitoring Agreement with King County BACKGROUND: The South 356 111 Regional Detention Facility (RDF), originally built in 1997, was recently retrofitted by Surface Water Management (SWM) utilizing a combination of CIP funding (25%) and an Ecology Grant funding (75%). The RDF retrofit included the addition of a bioretention facility and a wetland pond complex. Pursuant to water quality monitoring requirements contained within the Western Washington Municipal Stormwater Permit, the Department of Ecology (Ecology) has selected the South 3561h RDF for a long- term effectiveness study. In 2014, King County was awarded the opportunity to design and implement the study, which will provide a comprehensive assessment of the effectiveness of the retrofit project with respect to flow, quality, and toxicity of stormwater runoff flowing from a heavily-urbanized drainage basin. The results of this effort will inform how effectively the RDF removes pollutants generated from upstream commercial properties, and how the facility protects receiving waters (North Fork West Hylebos Creek). The stormwater water quality effectiveness study will be primarily implemented by King County. However, SWM staff will also participate in the effort, and this will necessitate entering into an agreement with King County for these services. The work performed under this agreement is described in the attached Exhibit A, Agreement Between King County and the City of federal Way for Services Related to Effectiveness Monitoring of the South 356'h Street Retrofit and Expansion Project (Agreement). The proposed 2015-2018 Agreement would be fully funded by the Department of Ecology through King County . King County will pay Federal Way up to $53,263 for actual costs incurred to perform work described in the Agreement. Work elements conducted by staff includes water quality monitoring of temperature, turbidity at several locations within the RDF, and sampling macroinvertebrates in the receiving waters. Staff believes these efforts will help to demonstrate the project's effectiveness m controlling flows and reducing contaminant loadings to receiving waters in Federal Way. cc: Project File Day File 22 AGREEMENT BETWEEN KING COUNTY AND THE CITY OF FEDERAL WAY FOR SERVICES RELATED TO EFFECTIVENESS MONITORING OF THE SOUTH 356TH STREET RETROFIT AND EXPANSION PROJECT This Agreement is made and entered into by King County, Washington, by and through its Water and Land Resources Division (hereinafter "WLR"), Department of Natural Resources and Parks, and the City of Federal Way, hereinafter referred to as "Federal Way" or "City," collectively referred to as the "Parties," for Federal Way to provide services to WLR in conducting the Effectiveness Monitoring of the S. 356th Street Retrofit and Expansion Project. I. Purpose This Agreement provides the terms under which the City will provide services to WLR as outlined in Exhibit One, attached to this Agreement and incorporated hereill and made a part hereof. II. Administration A. The provision of services under this Agreement will be managed for WLR by Kate Macneale or other representative as designated by WLR, and for the City by Daniel Smith or other representative as designated by the City ("Administrators"). B. In the event that a dispute arises under this Agreement, it shall be resolved by the Administrators. If the dispute cannot be resolved by the Administrators, it shall be referred for resolution to the Division Director of WLR and the Federal Way Public Works Director. This provision shall not be construed as prohibiting either Party from seeking enforcement of the terms of this Agreement, or relief or remedy from a breach of the terms of this Agreement, in law or in equity. III. Responsibilities A. Federal Way will provide services as described in Exhibit One. B. King County shall pay for the services provided as described in Exhibit One and make payments in accordance with the terms of Section IV .. below. IV. Billing and Payment A. King County shall pay Federal Way up to $53,263 for actual costs incurred to perform work as described in Exhibit One. 1 23 B. Expenditures to be reimbursed by King County under this Agreement shall be included on itemized invoices and shall be subject to approval by WLR. Invoices may be submitted no more frequently than quarterly and no less frequently than semi-annually. C. Payment to Federal Way for approved invoices will be made by King County within sixty ( 60) days of receipt of invoices. D. The Parties represent that funds for service provision under this Agreement have been appropriated and are available for 2015 and 2016. To the extent that service provision under this Agreement requires future appropriations beyond current appropriation authority, each of the Parties' obligations are contingent upon the appropriation of sufficient funds by that Party's legislative authority to complete the activities described herein. If no such appropriation is made for either Party, this Agreement will terminate at the close of the appropriation year for which the last appropriation that funds these activities was made. V. Effectiveness and Duration A. This Agreement is effective upon signature and shall remain in effect until December 30, 2018. B. This Agreement may be amended, altered, clarified, or extended only by the written agreement of the Parties hereto. C. This Agreement is not assignable by either Party, either in whole or in part. D. This Agreement is a complete expression of the intent of the Parties and any oral or written representations or understandings not incorporated herein are excluded. The parties recognize that time is of the essence in the performance of the provisions of this Agreement. Waiver of any default shall not be deemed to be waiver of any subsequent default. Waiver of breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the Agreement unless stated to be such through written approval by the parties which shall be attached to the original Agreement. VI. lndemnification King County shall protect, defend, indemnify, and save harmless the City, its officers, officials, employees , and agents , while acting within the scope of their employment, from any and all costs, claims , judgments, penalties, and/or awards of damages, arising out of or in any way resulting from King County's own negligent acts or omissions in performing obligations pursuant to this Agreement. To the fullest extent permitted by law , the City shall protect, defend, indemnify, and save harmless King County, its officers, officials, employees, and agents, while acting within the scope of their employment, from any and all costs , claims, 2 24 judgments, penalties, and/or awards of damages, arising out of or in any way resulting from the City's own negligent acts or omissions in performing obligations pursuant to this Agreement. Each Party agrees that its obligations under this subparagraph extend to any claim, demand, and/or cause of action brought by, or on behalf of, any of its employees or agents. For this purpose, each Party, by mutual negotiation, hereby waives, with respect to the other Party only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW. In the event that a Party incurs any judgment, award, and/or cost arising therefrom, including attorneys' fees, to enforce the provisions of this Article, all such fees, expenses, and costs shall be recoverable from the responsible Party to the extent of that Party's culpability. This indemnification shall survive the termination of this Agreement'. VII. Counterparts This Agreement may be executed in counterparts. IN WITNESS WHEREOF, the Parties hereto have executed this agreement on the _. __ day of 201 Approved as to Form By: Title: Deputy Prosecuting Attorney Approved as to Form By: Title: King County: By:~~~~~~~~~~ Title: Department Director Department of Natural Resources and Parks City of Federal Way: Title: Mayor 3 25 Exhibit One STATEMENT OF WORK Effectiveness Monitoring of the S. 356th Street Retrofit and Expansion Project, Federal Way, WA. A. Description The Washington Department of Ecology has executed with the King County Water and Land Resources Division (WLR) an agreement to conduct a Regional Stonnwater Monitoring Program (RSMP) stormwater effectiveness monitoring project. The project focuses on monitoring a regional detention facility (RDF) that the City of Federal Way retrofitted and expanded from 2012 -2014. The Federal Way stormwater retrofit, known as the South 356th Street Project, provides an excellent opportunity to assess the performance of regionally representative stormwater BMPs. The City conducted monitoring prior to and during the retrofit and expansion, including monitoring water temperature and turbidity at several locations within the RDF and sampling macroinvertebrates in the receiving waters. As part of the RSMP project, the City will continue the temperature, turbidity and macroinvertebrate monitoring and WLR will conduct additional monitoring (for other water quality parameters and flow). The City will also provide expertise about the RDF, allow access to the site, share previous and current data, and review data analyses and reports. The scope of work below describes the specific tasks that the City will perform using funds provided to WLR through the Department of Ecology as described above. B. Scope of Work Task 1: Planning and the Development of the Quality Assurance Project Plan (QAPP) ($4,449: April 2015 -June 2015) This task will include activities related to the development, revision and submission of the QAPP. WLR will meet with the City to discuss previous data, project design, roles and responsibilities ~f team members, and logistics for sampling. WLR will prepare the QAPP following Ecology guidelines. The City will provide relevant data that will be included in the QAPP, and the City will review the draft QAPP before it is sent to Ecology for review . Task 1 Deliverables: 01.1. Review ofQAPP -Target: end of June 2015 4 26 Task 2: Field Sampling, Data Collection and Analysis ($30,120; April 2015 -December 2017) The City will collect continuous temperature data, continuous turbidity data and macroinvertebrate samples according to the methods and QA\QC specified in its 2012 Quality Assurance Project Plan "Water Quality Monitoring Study South 356th Street Regional Detention Facility Retrofit Project Federal Way, Washington". Federal Way staff will collect continuous turbidity and water temperature data at the same stations surveyed prior to the retrofit. Turbidity will be measured at the inlet of the wet pond complex and the RDF outlet that discharges to the North Fork of West Hylebos Creek. Continuous temperature will be measured at the wet pond complex inlet, the RDF outlet, and in the creek at the monitoring station at S. 359th Street. Data collection will begin in April 2015 and continue through at least June 201 7. Federal Way staff will collect aquatic benthic macroinvertebrates in the North Fork of West Hylebos Creek in 2015, 2016 and 2017. Two sites will be sampled, and both are accessed from S. 359th Street (approximately 0.2 miles south of the RDF). At each site and once per summer, three replicate samples will be collected using the methods described in the Federal Way QAPP. Activities and expenses that the City will invoice for include: • staff labor for laboratory and field time for calibrating, deploying and retrieving equipment • equipment costs (e.g., Onset TidbiT temperature loggers, YSI turbidity sensor #6136) • macroinvertebrate sampling and processing costs • miscellaneous equipment and supplies including AA batteries, turbidity standard, DI water, Kimwipes, and paper towels Task 2 Deliverables: 02. l. Annual progress report including data summaries: December 2015 02.2. Annual progress report including data summaries: December 2016 02.3. Annual progress report including data summaries: December 2017 5 27 Task 3: Final Report ($12,955; July 2017 -December 2018) This task will include management and analysis of data as needed for the preparation of the final report. The final report will describe the study design, methods and findings of the study. As part of this final report, the City will analyze the continuous temperature data and continuous turbidity data from the stations described in Task 2. The City will also include comparisons of the temperature and turbidity data with data collected previously (2012-2014). WLR and the City will work together to determine which statistical analyses are appropriate. The City will also include macroinvertebrate data generated from samples collected from the North Fork of West Hylebos Creek in the final report. Data will be uploaded to the Puget Sound Stream Benthos Monitoring and Assessment database, and the City will include the BIBI metric scores for each sample in the final report. Material provided by the City to WLR may include raw data, data summary tables, figures displaying data, statistical analyses of data, and written discussion of results. WLR will include the Federal Way results and discussion in the final report, and the City will review drafts of the final report. Task 3 Deliverables: 03 .1. Draft Report -Target: September 2018 03.3. Final Report-Target: December 2018 Task 4: Project Management ($5,739; April 2015 -December 2018) Federal Way staff will contribute to the management of the RSMP project by providing site access, reviewing the site history, sharing previous and current data, attending relevant meetings, and consulting with County staff when needed. Federal Way will prepare semi-annual reports that will include a status of data collection and analysis efforts. Task 4 Deliverables: 6 28 04. l. Meeting attendance and correspondence regarding project management -Target: completed by December 2018 C. Schedule for tasks and deliverables Schedule for Tasks and Deliverables 2015 2016 2017 2018 1--~~~~-+-~~--r-~~+-~~--~---~~--..-~-----1 shading indicates when sub-tasks will be occuring Ql/Q2 Q3/Q4 Ql/Q2 Q3/Q4 Ql/Q2 Q3/Q4 Ql/Q2 Q3/Q4 Task 1 -Planning and QAPP 01.1. Review of QAPP Task 2 -Field Sampling, Data Collection and Analysis 02.1. Progress report 02.2. Progress Report 02 .3 . Progress Report Task 3 -Final Report 03 .2. Draft report 03 .3. Final Report Task 4 -Project Management 04.1. Semi-annual Project Report D. Federal Way Budget by Task Task Task I: Planning and QAPP Task 2: Field sampling, data collection and analysis Task 3: Final report Task 4: Project management Total 7 29 Cost estimate $4,449 $30,120 $12,955 $5,739 $53,263 This page left blank intentionally. 30 COUNCIL MEETING DATE: July 21, 2015 ITEM#: ------------- CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Authorization to accept the 2016 Water Quality Algae Control Program Grant and enter into a grant agreement with the Department of Ecology POLICY QUESTION: Should Council authorize the City to accept the 2016 Water Quality Algae Control Program Grant and enter into a grant agreement with the Department of Ecology? COMMITTEE: Land Use and Transportation Committee CATEGORY: ~ Consent D City Council Business D Ordinance 0 Resolution MEETING DATE: July 6, 2015 D D Public Hearing Other DEPT: Public Works STAFF REPORT BY: Dan Smith, Surface Water Qualit Coordinator _ _,,_ ____ _.....,..._~------- Attachments: Grant Agreement WQALG-2016-FedWay-00003 Options Considered: I. Authorize the Mayor to accept the 2016 Water Quality Algae Control Program Grant and enter into a grant agreement with the Department of Ecology. 2. Do not accept the grant and provide direction to staff. ----------------- MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option l to the July 2 2015 City Council consent agenda for approval. MAYOR APPROVAL: ~ii{~ DIRE TOR APPROVAL: Ollll 11 ~G-/)5 A~ C'ou noi l CHIEF OF STAFF: COMMITTEE RECOMMENDATI approval. : I move to forward Option I to the July 21 , 2015 Council consent agenda/or Bob Celski, Chair Kelly Maloney, Member Lydia Assefa-Dawson, Member PROPOSED COUNCIL MOTION: "I move authorization to accept the 2016 Water Quality Algae Control Program Grant and enter into a grant agreement with the Department of Ecology. (BELOW TO BE COMPLETED BYClTY CLERKS OFFICE) COllNCIL ACTION: 0 APPROVED 0 DENIED 0 TABLED/DEFERRED/NO ACTION 0 MOVED TO SECOND READING (ordinances only) REVIS ED -08/!2/2010 31 COUNCIL BILL# 15T reading Enactment reading ORDINANCE# RESOLllTION # DATE: TO: VIA: FROM: July 6, 2015 CITY OF FEDERAL WAY MEMORANDUM Land Use and Transportation Committee Jim Ferrell, Mayor Marwan Salloum, P.E., Public Works Director ~£&...-" Dan Smith, Surface Water Quality Program Coor SUBJECT: Authorization to accept the 2016 Water Quality Algae Control Program Grant and enter into a grant agreement with the Department of Ecology BACKGROUND: Many lakes within Federal Way have experienced hazardous algae blooms (HABs) in recent years, including the Twin Lakes-Lake Lorene and Lake Jeane. In November of 2014, staff was authorized to apply for Department of Ecology (Ecology) Freshwater Algae Control Program Grant Funding for the impiementation of a surface and storrnwater quality study in the Upper Joe's Creek watershed to identify, control, and reduce external sources of pollutants (nutrients) that may be contributing to HAB formation. Pursuant to application, Ecology has offered the City of Federal Way funding granted through the Algae Control Program to complete this study. The grant project includes monthly monitoring for approximately one year for nutrients (phosphorus and nitrogen), bacteria (fecal coliform), and other problematic pollutants. Hydrologic measurements and precipitation data will also be collected. Additionally, monitoring information will be used in the preparation of a public education and outreach element designed for the residents residing within the Upper Joe's Creek watershed. This educational component includes workshops, development of educational materials (posters, flyers, newsletters), and a summary of findings. The eligible cost of the funding offered to the City totals $66,560, which includes a 25% cost share of $16,640. cc: Project File Day File 32 Agreement No : Project Title: Recipient Name : WQALG-2016-FedWay-00003 Upper Joe 's Creek Watershed Nutrient Reduction City of Federal Way DEPARTMENT OF ECOLOGY "'llijiiiil State of Washington Agreement WQALG-2016-FedWay-00003 Water Quality Algae Control Program AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND City offederal Way This is a binding Agreement entered into by and between the State of Washington, Department of Ecology, hereinafter referred to as "ECOLOGY" and City of Federal Way, hereinafter referred to as the "RECIPIENT" to carry out with the provided funds activities described herein. GENERAL INFORMATION Page I of22 Project Title: Upper Joe's Creek Watershed Nutrient Reduction Total Cost: Total Eligible Cost: Ecology Share: Recipient Share: The Effective Date of this Agreement is: The Expiration Date of this Agreement is no later than Project Type: Project Short Description: $66,560.00 $66,560 .00 $49,920.00 $16,640.00 07/0l/2015 06/30/2017 Algae Control Project The purpose of this project is to generate credible and valuable surface and stormwater water quality and hydrologic data collected within the Upper Joe's Creek Watershed that may be used to identify, control, and reduce external surface and storm water sources of nutrients to the Twin Lakes (Lake Lorene and· Lake Jeane). Project Long Description: The "Twin Lakes" are comprised of Lake Lorene (8 acres) that is fed primarily by the west branch of Joe's Creek, and Lake Jeane (I 0 acres). Lake Lorene discharges over a distance of approximately 1,000 feet into Lake Jeane. Past lake management efforts in the Twin Lakes have focused on controlling the growth of algae and aquatic plants via NPDES permitting . Additionally, the lakes have implemented grass carp control, aeration, and the application of biological clarifiers . However, each lake continues to exhibit signs of eutrophication . This project will help to quantify, control and eliminate external non-point sources of nutrients entering the lake systems. WQALG-20 I 6-FedWay-00003 33 Agreement No : Project Title: Recipient Name WQALG-2016-FedWay-00003 Upper Joe's Creek Watershed Nutrient Reduction City of Federal Way Long-term residents have described recurring algae blooms (both filamentous and cyanobacteria) that have produced noxious odors. Lake monitoring data from the summer of 2003 showed high levels of total phosphorus (mean of 57 ug/L) in Lake Lorene (Herrera 2004). The presence of high nutrient levels in the Twin Lakes has resulted in the generation of harmful algae (cyanobacterial) blooms (HABs). · The outcome of the Upper Joe's Creek Watershed Nutrient Reduction project is expected to allow for the identification, control, and reduction of external surface and storm water sources of nutrients to the Twin Lakes (Lake Lorene and Lake Jeane), with a long term goal of reduced HAB formation. Overall Goal: The overall goal of the Upper Joe's Creek Watershed Nutrient Reduction project is to collect comprehensive and credible surface and stormwater quality data and hydrologic modeling data that will provide for the following: 1) the identification of problematic surface and storm water nutrient sources, 2) the implementation of corrective actions for the reduction and/or elimination of identified surface and storm water nutrient sources, 2) an analysis of surface and stormwater quality an hydrologic data to estimate external surface and storrnwater nutrient loading figures to be used to for future phosphorus budget analysis and/or algae control plans, and 3) the implementation ofa public education component that provides best management practices information for controlling urban sources of nutrients to targeted populations based upon the assimilation of project data. WQAL.G-2016-FedWay-00003 34 Page 2 of22 Ag reement No: WQALG-20 I 6-FedWay-00003 Project Title: Recipient Name: Upper Joe's Creek Waters hed Nutrient Reduction City of Federal Way RECIPIENT INFORMATION Organization Name: Federal Tax ID : DUNS Number: Mailing Address: Physical Address : Organization Email: Organization Fax: Contacts Project Manager Billing Contact Authorized Signatory WQALG-20 I 6-FedWay-OOllOJ City of Federal Way 91-1462550 612509901 33325 8th Ave South Federal Way, WA,98063 33325 8th Ave South Federal Way , Washington, 98063 daniel.smith@ cityoffederalway.com (253) 835-2709 Dan Smith Surface Water Quality Program Coordinator 33325 8th Ave S Federal Way, Washington, 98063 Emai I: daniel .sm ith@cityoffederalway.com Phone: (~53) 835-2756 Dan Smith Surface Water Quality Program Coordinator 33325 8th Ave S Federal Way, Washington , 98063 Email: daniel.smith@cityoffederalway.com Phone: (253) 835-2756 Marwan F Salloum Public Works Director 33325 8th Ave South Fedferal Way, Washington , 98003-6325 Emai I: marwan.salloum@ cityoffederalway .com Phone: (25 3 ) 835-2710 35 Page 3 of22 Agreement No : Project Title: Recipient Name : WQALG-2016-FedWay-00003 Upper Joe 's Creek Watershed Nutrient Reduction City of Federal Way ECOLOGY INFORMATION Mailing Address: Physical Address: Contacts Project Manager Financial Manager Technical Advisor WQALG-20 I 6-FedWay-00003 Department of Ecology Water Quality PO BOX 47600 Olympia, WA 98504-7600 Water Quality 300 Desmond Drive Lacey, WA 98503 Lizbeth Seebacher P.O. Box 47600 Olympia, Washington, 98504-7600 Email: lsee461@ecy.wa.gov Phone: (360) 407-6938 Lizbeth Seebacher P.O. Box 47600 Olympia, Washington, 98504-7600 Email: lsee46 l@ecy.wa.gov Phone: (360) 407-6938 Lizbeth Seebacher P.O. Box 47600 Olympia, Washington, 98504-7600 Emai I: lsee46 l@ecy.wa.gov Phone: (360) 407-6938 Page 4 of22 36 Agreement No: Project Title: Recipient Name: WQALG-20 I 6-FedWay-00003 Upper Joe's Creek Watershed Nutrient Reduction City of Federal Way Page 5 of22 REC1PIENT agrees to furnish the necessary personnel , equipment, materials, services, and otherwise do all things necessary for or incidental to the perfonnance of work as set forth in the Scope of Work. RECIPIENT agrees to read, understand, and accept all infonnation contained within this entire Agreement. Furthennore, RECIPIENT acknowledges that they have reviewed the tenns and conditions of this Agreement, Scope of Work, attachments, all incorporated or referenced documents, as well as all applicable laws, statutes, rules, regulations, and guidelines mentioned in this Agreement. This Agreement contains 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 shall be subject to the written approval of Ecology's authorized representative and shall not be binding until so approved . The signatories to this Agreement represent that they have the authority to execute this Agreement . IN WITNESS WHEREOF, the parties hereby sign this Agreement Washington State Department of E<;ology Program Manager Heather Bartlett Water Quality WQALG-2016-FedWay-00003 City of Federal Way Date Marwan F Salloum Public Works Director 37 Date Agreement No: Project Title: Recipient Name: WQALG-2016-FedWay-00003 Upper Joe's Creek Watershed Nutrient Reduction C_ity of Federal Way WQALG-20 I 6-FddWay-00003 38 William Appleton Deputy Director Public Works Jim Ferrell Mayor, City of Federal Way Hollie Shilley Water Quality Specialist, City of Federal Way Tony Doucette Surface Water Engineer Page 6 of22 Date Date Date Date Agreement No : Project Title : Recipient Name : SCOPE OF WORK Task Number: Task Title : Task Description : WQALG-2016-FedWay-00003 Upper Joe's Creek Watershed Nutrient Reduction City of Federal Way Project Administration/Management Task Cost: $2,500.00 A . The RECIPlENT will administer the project. Responsibilities will include, but not be limited to : maintenance of project records; submittal of requests for reimbursement and corresponding backup documentation, progress reports and recipient closeout report (including photos); compliance with applicable procurement, contracting, and interlocal agreement requirements; application for, receipt of, and compliance with all required permits, licenses, easements, or property rights necessary for the project; and submittal of required performance items. B. The REClPIENT must manage the project. Efforts will include: conducting, coordinating, and scheduling project activities and assuring quality control. Every effort will be made to maintain effective communication with the RECIPIENT's designees; the DEPARTMENT; all affected local, state, or federal jurisdictions; and any interested individuals or groups. The RECIPIENT must carry out this project in accordance with any completion dates outlined in this agreement. Task Goal Statement: Properly managed project that meets agreement and Ecology administrative requirements. Task Expected Outcome: *Timely and complete submittal ofrequests for reimbursement, quarterly progress reports and r~cipient closeout report. * Properly maintained project documentation Recipient Task Coordinator: Dan Smith Project Administration/Management Deliverables Number Description I. I Progress Reports 1.2 Recipient Closeout Report 1.3 Project Outcome Summary Report WQALG-20 1 6 -F~Way-00003 Due Date 39 Page 7 of22 Agreement No: Project Title : Recipient Name: SCOPE OF WORK Task Number: Task Title: Task Description: WQALG-2016-FedWay-00003 Upper Joe's Creek Watershed Nutrient Reduction City of Federal Way 2 Water Quality Monitoring Study Task Cost: $54,600.00 A. The REClPIENT will develop a QAPP for the Phosphorus and Bacterial source tracking, £DOE nutrient identification and flow monitoring for ECOLOGY's review and approval prior to data collection. B. The RECIPIENT will collect ambient water quality samples from approximately six locations within Joe's Creek upstream of Lake Lorene, and at a representative number of stormwater outfalls. C. The RECIPlENT will measure nutrients (total phosphorus, soluble reactive phosphorus and nitrogen) concentrations flowing through the watershed and into the Twin Lakes monthly over a one-year period and after 2-3 rain events. Ari analysis will be performed on the data in an attempt to quantify and possibly identify specific external surface water and stormwater sources of mitrients originating from upper Joe's Creek watershed. D. The RECIPlENT will analyze grab samples for fecal coliform (FC). Fecal coliform data will be analyzed to determine the geometric mean value (GMV) and the 90th percentile bacteria concentrations to assess compliance with state standards. E. The RECIPIENT will collect samples from approximately six locations within Joe's Creek and at a representative number of storm water outfalls. Monitoring will be performed monthly from October 2015 through September 2016 (and during storm events when practical). F. The RECIPIENT will provide a phased approach that includes Microbial Water Quality Assessment (MWQA), Contaminant Source Surveys (CSS) and IDDE water quality monitoring. G. The RECIPIENT will collect additional pimary and secondary IDDE parameters of interest to further isolate potential sources of pollution, including surfactants, total chlorine, ammonia, color, odor, pH and potassium. H. The RECIPIENT will collect hydrologic measurements for the Upper Joe's Creek watershed and Lake Lorene to develop a water budget for the lake. !. The RECIPIENT will collect flow measurements from Joe's Creek, and lake level and precipitation measurements for Lake Lorene. Measurement locations will have data loggers recording at continuous intervals and data will be collected at prescribed intervals for one full water year. J. The RECIPIENT will collect the remaining parameters for a water budget, which will include: evaporation, groundwater and surface runoff, and will be estimated from regional data or modeling efforts to balance the budget. K. The RECIPIENT will produce a Final Report providing ECOLOGY with the data collected and analysis of said data. Task Goal Statement: The RECIPIENT will implement a nutrient source tracing effort for the Upper Joe's Creek watershed to identify and quantify sources of nutrients with the purpose of eliminating and/or controlling those sources if possible. The data will be analyzed and used to document the seasonal timing and the amount of nutrients coming from external watershed WQALG-20 I 6-FedWay-00003 40 Page 8 of22 Agreement No: Project Title Recipient Name: sources. WQALG-2016-FedWay-00003 Upp er Joe 's Creek Watershed Nutrient Reduction City of Federal Way The bacteria source tracing effort for the watershed will help identify and quantify sources of bacteria with the purpose of eliminating those sources through municipal and/ or county code compliance efforts, or control through watershed public education. The RECIPIENT will implement an !DOE program focused within the watershed to identify and quantify prohibited sources of nutrient pollution and develop an understanding of surface water and storm water movement into and out of Lake Lorene. Task Expected Outcome: Assimilated d~ta will be used to provide public education detailing best management practices for controlling urban sources of nutrients to targeted populations; they may also be used to calculate external surface water and stormwater nutrient loadings that may be used for future phosphorus budget analysis and/or algae control plans resulting in a long-term reduction in phosphorus in the watershed through the elimination of identifiable sources. Recipient Task Coordinator: Dan Smith Water Quality Monitoring Study Deliverables Number Description 2.1 Submit for ECOLOGY's review and approval, Quality Assurance Project Plan (QAPP) covering all Task and data to be collected. 2.2 Monitor nutrients (total phosphorus, soluble reactive phosphorus and nitrogen) monthly for one complete water year. 2.3 Monitor fecal coliform bacteria monthly for one complete water year. 2.4 Develop and implement an !ODE program when necessary in the upper Joe's Creek watershed incorporating a Microbial Water Quality Assessment (MWQA) and Contaminant Source Surveys (CSS) to prioritize sites for follow up actions. 2.5 Monitor water budget components (lake level, inflow, outflow, precipitation) for one year. 2.6 Perform an analysis of all data . Develop and submit final report to ECOLOGY for approval . WQALG-20 I 6-FedWay-00003 41 Due Date Page 9 of22 Agreement No: Project Title: Recipient Name: SCOPE OF WORK Task Number: Task Title: Task Description: WQALG-2016-FedWay-00003 Upper Joe's Creek Watershed Nutrient Reduction City of Federal Way 3 Public Education Task Cost: $9,460.00 A. The RECIPIENT will provide initial outreach to 1200 residents with a "Watershed-Letter" providing public education to reduce human influenced non-point sources of nutrients in the Twin Lakes watershed. B. The RECIPIENT will analyze project data to prioritize and select BMP's and targeted audiences to address public education. C. The RECIPIENT will provide three meetings I workshops for watershed residents. D. The RECIPIENT will develop and distribute one Public Brochure indicating BMP's for the Twin Lake's watershed. E. The RECIPIENT will provide an End of Project outreach newsletter and project report. Task Goal Statement: The goal of the public education program for the Upper Joe's Creek Watershed is to provide Best Management Practices and corrective actions for reducing human influenced sources of nutrients and to create educational products and services that support behavior change. Task Expected Outcome: The public education materials and services will be designed to reduce non-point source pollution in the targeted watershed and will have a long term sustainable effect. Recipient Task Coordinator: Hollie Shilley WQALG-20 I 6-fodWay-00003 42 Page 10of22 Agree ment No : Project Title Recipient Name :· Public Education Deliverables Number 3 .1 3.2 3.3 3.4 3.5 WQALG-20 l 6-FedWay-00003 Upper Joe 's Creek Watershed Nutrient Reduction City of Federal Way Description Provide Ecology with report summarizing project research. Research will include analyzing land use data, maps, and project data to identify human related sources of nutrients and pathways into the watershed, identifying priority behaviors and corrective actions to target for behavior change. Develop three community focus groups to represent the three audiences targeted for public education. Create a toolbox of educational materials and services which may include posters, flyers, brochures, workshops, incentives, newsletters, door hangers , curb markers, presentations, displays, community events, trainings, and/or new products and innovations . Provide documentation of broad program implementation. Provide a summary of lessons learned, and recommendations for further improvement. WQALG-2016-F edWay-00003 43 Page l l of22 Due Date Agreement No: Project Title: Recipient Name: BUDGET WQALG-2016-FedWay-00003 Upper Joe's Creek Watershed Nutrient Reduction City ofFederal Way Funding Distribution EG 150129 Funding Title: Upper Joe's Creek Watershed Nutrient Reduction Funding Type: Funding Effective Date : Funding Source: grant 07/01/2015 Title: Freshwater Algae Control Program Type : State CFDA: Assistance Agreement : Description: $1 1 icense fee on boats Recipient Match%: 25 InKind Interlocal Allowed: Yes lnKind Other Allowed: Yes Is this Funding Distribution used to match a federal grant? No Upper Joe's Creek Watershed Nutrient Reduction Pro.iect Administration/Management Water Quality Monitoring Study Public Education WQALG-20 I 6-FedWay-00003 Funding Expiration Date : Task Total $ 2,500.00 $ 54,600.00 $ 9,460.00 Total: $ 66,560.00 44 Page 12 of22 06/30/2017 Agreement No: WQALG-2016-FedWay-00003 Page 13 of22 Project Title : Recipient Name Upper Joe's Creek Watershed Nutrient Reduction City of Federal Way Funding Distribution Summary Recipient I Ecology Share Funding Distribution Name Recipient Match % Upper Joe's Creek Watershed 25.00 % Nutrient Reduction Total AGREEMENT SPECIFIC TERMS AND CONDITIONS NIA SPECIAL TERMS AND CONDITIONS GENERAL FEDERAL CONDITIONS Recipient Share Ecology Share $ 16,640.00 $ 49,920.00 $ 16,640.00 $ 49,920-00 If a portion or all of the funds for this agreement are provided through federal funding sources or this agreement is used to match a federal grant award, the following terms and conditions apply to you. Total $ $ CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELlGIBLLlTY OR VOLUNTARY EXCLUSION: 66,560.00 66.560.00 l. The RECIPIENT/CONTRACTOR, by signing this agreement, certifies that it is not suspended, debarred, proposed for debarment, declared ineligible or otherwise excluded from contracting with the federal government, or from receiving contracts paid for with federal funds. If the RECIPIENT/CONTRACTOR is unable to certify to the statements contained in the certification, they must provide an explanation as to why they cannot. 2. The RECIPIENT/CONTRACTOR shall provide immediate written notice to ECOLOGY ifat any time the RECIPIENT/CONTRACTOR learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances. 3. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the department for assistance in obtaining a copy of those regulations .. 4. The RECIPIENT/CONTRACTOR agrees it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under the applicable Code of Federal Regulations, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction. 5. The RECIPIENT/C ONTRACTOR further agrees by signing this agreement, that it will include this clause titled "CERTIFICATlON REGARDING SUSPENSION, DEBARMENT, lNELIGlBILITY OR VOLUNTARY EXCLUSION" without modification in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 6. Pursuant to 2CFRI 80 .330, the RECIPIENT/CO NTRACTOR is responsible for ensuring that any lower tier covered transaction complies with certification of suspension and debarment requirements. 7. RECIPIENT/CONTRACTOR acknowledges that failing to disclose the information required in the Code of Federal Regulations may result in the delay or negation of this funding agreement, or pursuance of legal remedies, including suspension and debarment. WQALG-20 I 6-FedWay-00003 45 Agreement No: Project Title: Recipient Name: WQALG-20 l 6-E'edWay-00003 Upper Joe's Creek Watershed Nutrient Reduction City of Federal Way Page l4of22 8. RECIPIENT/CONTRACTOR agrees to keep proof in its agreement file, that it, and all lower tier recipients or contractors, are not suspended or debarred, and will make this proof available to ECOLOGY before requests for reimbursements will be approved for payment. RECIPIENT/CONTRACTOR must run a search in <http://www.sam.gov> and print a copy of completed searches to document proof of compliance. Fede ral Funding Accountability And Transparency Act CFFATA) Re porting Require ments : RECIPIENT must complete the FFATA Data Collection Form (ECY 070-395) and return it with the signed agreement to ECOLOGY. Any RECIPIENT that meets each of the criteria below must also report compensation for its five top executives, using FFATA Data Collection Form. Receives more than $25,000 in federal funds under this award; and Receives more than 80 percent of its annual gross revenues from federal funds; and Receives more than $25,000,000 in annual federal funds ECOLOGY will not pay any invoice until it has received a completed and signed FFATA Data Collection Form. ECOLOGY is required to report the FFATA information for federally funded agreements, including the required DUNS number, atwww.fsrs.gov<http://www.fsrs.gov> within 30 days of agreement signature. The FFATA information will be available to the public atwww.usaspending.gov<http://www.usaspending.gov>. For more details on FFATArequirements, seewww.fsrs.gov<http://www.fsrs.gov>. GENERAL TERMS AND CONDITIONS l. ADMINISTRATIVE REQUIREMENTS a) RECIPIENT shall follow the "Administrative Requirements for Recipients of Ecology Grants and Loans -EAGL Edition". https://fortress. wa.gov/ecy/publications/SummaryPages/140 I 002.html b) RECIPIENT shall complete all activities funded by this Agreement and be fully responsible for the proper management of all funds and resources made available under this Agreement. c) RECIPIENT agrees to take complete responsibility for all actions taken under this Agreement, including ensuring all subgrantees and contractors comply with the terms and conditions of this Agreement. ECOLOGY reserves the right to request proof of compliance by subgrantees and contractors. d) RECIPIENT's activities under this Agreement shall be subject to t~e review and approval by ECOLOGY for the extent and character of all work and services. 2. AMENDMENTS AND MODIFICATIONS This Agreement may be altered, amended, or waived only by a written amendment executed by both parties. No subsequent modification(s) or amendment(s) of this Agreement will be of any force or effect unless in writing and signed by authorized representatives of both parties. ECOLOGY and the RECIPIENT may change their respective staff contacts and administrative information without the concurrence of either party. 3. ARCHAEOLOGICAL AND CULTURAL RESOURCES RECIPIENT shall take reasonable action to avoid, minimize, or mitigate adverse effects to archeological or cultural resources. Activities associated with archaeological and cultural resources are an eligible reimbursable cost subject to WQAL.G-20 I 6-FedWay-00003 46 Agreement No: Project Title: Recipient Name: WQALG-20 l 6-FedWay-00003 Upper Joe 's Creek Watershed Nutrient Reduction City of Federal Way approval by ECOLOGY. RECIPIENT shall: a) Immediately cease work and notify ECOLOGY if any archeological or cultural resources are found while conducting work under this Agreement. b) Immediately notify the Department of Archaeology and Historic Preservation at (360) 586-3064, in the event historical or cultural artifacts are discovered at a work site. c) Comply with Governor Executive Order 05-05, Archaeology and Cultural Resources, for any capital construction projects prior to the start of any work. d) Comply with RCW 27.53, Archaeological Sites and Resources, for any work performed under this Agreement, as applicable. National Historic Preservation Act (NHPA) may require the RECIPIENT to obtain a permit pursuant to Chapter 27.53 RCW prior to conducting on-site activity with the potential to impact cultural or historic properties. 4. ASSIGNMENT No right or claim of the RECIPIENT arising under this Agreement shall be transferred or assigned by the RECIPIENT. 5. COMMUNICATION RECIPIENT shall make every effort to maintain effective communications with the RECIPIENT's designees, ECOLOGY, all affected local, state, or federal jurisdictions, and any interested individuals or groups. 6. COMPENSATION a) Any work performed prior to effective date of this Agreement will be at the sole expense and risk of the RECIPIENT. ECOLOGY must sign the Agreement before any payment requests can be submitted. b) Payments will be made on a reimbursable basis for approved and completed work as specified in this Agreement. Page 15 of22 c) RECIPIENT is responsible to determine if costs are eligible. Any questions regarding eligibility should be clarified with ECOLOGY prior to incurring costs. Costs that are conditionally eligible may require approval by ECOLOGY prior to purchase. d) RECIPIENT shall not invoice more than once per month unless agreed on by ECOLOGY. e) ECOLOGY will not process payment requests without the proper reimbursement forms, Progress Report and supporting documentation. ECOLOGY will provide instructions for submitting payment requests. t) ECOLOGY will pay the RECIPIENT thirty (30) days after receipt ofa properly completed request for payment. g) RECIPIENT will receive payment through Washington Stat!! Department of Enterprise Services' Statewide Payee Desk. RECIPIENT must register as a payee by submitting a Statewide Payee Registration form and an IRS W-9 form at the website, http://www.des.wa.gov/services/ContractingPurchasing/Business/VendorPay /Pages/default.aspx. For any questions about the vendor registration process contact the Statewide Payee Help Desk at (360) 407-8180 or email payeehelpdesk@des.wa.gov. h) ECOLOGY may, at its sole discretion, withhold payments claimed by the RECIPIENT if the RECIPIENT fails to satisfactorily comply with any term or condition of this Agreement. i) Monies withheld by ECOLOGY may be paid to the RECIPIENT when the work described herein, or a portion thereof, has been completed if, at ECOLOGY's sole discretion, such payment is reasonable and approved according to this Agreement, as appropriate, or upon completion of an audit as specified herein. j) REC CPI ENT should submit final requests for compensation within thirty (30) days after the expiration date of this Agreement. Failure to comply may result in delayed reimbursement. 7. COMPLIANCE WITH ALL LAWS RECIPIENT agrees to comply fully with all applicable Federal, State and local laws, orders, regulations, and permits related to this Agreement, including but not limited to: a) REClPlENT 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. WQALU-20 I 6-FedWay-OUOOJ 47 Agreement No : Project Title : Recipient Name: WQALG-20 I 6-FedWay-00003 Upper Joe's Creek Watershed Nutrient Reduction City of Federal Way b) RECIPIENT agrees to be bound by all federal and state laws, regulations, and policies against discrimination. c) RECIPIENT certifies full compliance with all applicable state industrial insurance requirements. d) RECIPIENT agrees to secure and provide assurance to ECOLOGY that all the necessary approvals and permits required by authorities having jurisdiction over the project are obtained. RECIPIENT must include time in their project time line for the permit and approval processes. ECOLOGY shall have the right to immediately terminate for cause this Agreement as provided herein if the RECIPIENT fails to comply with above requirements. If any provision of this Agreement violates any statute or rule of law of the state of Washington, it is considered modified to conform to that statute or rule of law. 8. CONFLICT OF INTEREST RECIPIENT and ECOLOGY agree that any officer, member, agent, or employee, who exercises any function or responsibility in the review, approval, or carrying out of this Agreement, shall not have any personal or financial interest, direct or indirect, nor affect the interest of any corporation, partnership, or association in which he/she is a part, in this Agreement or the proceeds thereof. 9. CONTRACTING FOR GOODS AND SERVICES RECIPlENT may contract to buy goods or services related to its performance under this Agreement. RECIPIENT shall award all contracts for construction, purchase of goods, equipment, services, and professional architectural and engineering services through a competitive process, ifrequired by State law. RECIPIENT is required to follow procurement procedures that ensure legal, fair, and open competition. RECIPIENT must have a standard procurement process or follow current state procurement procedures. RECIPIENT may be required to provide written certification that they have followed their standard procurement procedures and applicable state law in awarding contracts under this Agreement. ECOLOGY reserves the right to inspect and request copies of all procurement documentation, and review procurement practices related to this Agreement. Any costs incurred as a result of procurement practices not in compliance with state procurement law or the RECIPIENT's normal procedures may be disallowed at ECOLOGY's sole discretion. I 0 . DISPUTES When there is a dispute with regard to the extent and character of the work, or any other matter related to this Agreement the determination of ECOLOGY will govern, although the RECIPIENT shall have the right to appeal decisions as provided for below: a) RECIPIENT notifies the funding program of an appeal request. b) Appeal request must be in writing and state the disputed issue(s). c) RECIPIENT has the opportunity to be heard and offer evidence in support of its appeal. d) ECOLOGY reviews the RECIPIENT's appeal. e) ECOLOGY sends a written answer within' ten (I 0) business days, unless more time is needed, after concluding the review. Page 16 of22 The decision of ECOLOGY from an appeal will be final and conclusive, unless within thirty (30) days from the date of such decision, the RECIPIENT furnishes to the Director of ECOLOGY a written appeal. The decision of the Director or duly authorized representative will be final and conclusive. The parties agree that this dispute process will precede any action in a judicial or quasi-judicial tribunal. WQALG-20 I 6-FedWay-00003 48 Agreement No : Project Title: Recipient Name : WQALG-20 l 6-FedWay-00003 Upper Joe's Creek Watershed Nutrient Reduction City of Federal Way Appeals of the Director's decision will be brought in the Superior Court of Thurston County. Review of the Director's decision will not be taken to Environmental and Land Use Hearings Office. Pending final decision ofa dispute, the RECIPIENT agrees to proceed diligently with the performance of this Agreement and in accordance with the decision rendered. Nothing in this contract will be construed to limit the parties' choice of another mutually acceptable method, in addition to the dispute resolution procedure outlined above. I I. ENVIRONMENTAL STANDARDS a) RECIPIENTS who collect environmental~monitoring data must provide these data to ECOLOGY using the Environmental Information Management System (EIM). To satisfy this requirement these data must be successfully loaded into EIM, see instructions on the EIM website at: http://www.ecy.wa.gov/eim. Page 17 of22 b) RECIPIENTS are required to follow ECOLOGY's data standards when Geographic Information System (GIS) data are collected and processed. More information and requirements are available at: http://www.ecy.wa.gov/services/gis/data/standards/standards.htm. RECIPIENTS shall provide copies to ECOLOGY of all final GlS data layers, imagery, related tables, raw data collection files, map products, and all metadata and project documentation. c) REClPIENTS must prepare a Quality Assurance Project Plan (QAPP) when a project involves the collection of environmental measurement data. QAPP is to ensure the consistent application of quality assurance principles to the planning and execution of all activities involved in generating data. REClPIENTS must follow ECO LOG Y's Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies, July 2004 (Ecology Publication No. 04-03-030). ECOLOGY shall review and approve the QAPP prior to start of work. The size, cost, and complexity of the QAPP should be in proportion to the magnitude of the sampling effort. 12. GOVERNlNG LAW This Agreement will be governed by the laws of the State of Washington, and the venue of any action brought hereunder will be in the Superior Court ofThurston County. 13. INDEMNIFICATION ECOLOGY will in no way be held responsible for payment of salaries, consultant's fees, and other costs related to the project described herein, except as provided in the Scope of Work. To the extent that the Constitution and laws of the State of Washington permit, each party will indemnify and hold the other harmless from and against any liability for any or all injuries to persons or property arising from the negligent act or omission of that party or that party's agents or employees arising out of this Agreement. 14. INDEPENDENT STATUS The employees, volunteers, or agents of each party who are engaged in the performance of this Agreement will continue to be .employees, volunteers, or agents of that party and will not for any purpose be employees, volunteers, or agents of the other party. 15. KICKBACKS RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this Agreement to give up any part of the compensation to .which he/she is otherwise entitled to or receive any fee, commission, or gift in return for award of a subcontract hereunder. 16. MINORITY AND WOMEN'S BUSINESS ENTERPRISES (MWBE) RECIPIENT is encouraged to solicit and recruit, to the extent possible, certified minority-owned (MBE) and WQALG-20 16-F ~dWay-00003 49 Agreement No : Project Title : Recipient Name : WQALG-20 I 6-FedWay-00003 Upper Joe's Creek Watershed Nutrient Reduction City of Federal Way women-owned (WBE) businesses in purchases and contracts initiated under this Agreement. Contract awards or rejections cannot be made based on MWBE participation; however, the RECIPIENT is encouraged to take the following actions, when possible, in any procurement under this Agreement: Page 18 of22 a) Include qualified minority and women's businesses on solicitation lists whenever they are potential sources of goods or services. b) Divide the total requirements, when economically feasible, into smaller tasks or quantities, to permit maximum participation by qualified minority and women's businesses. c) Establish delivery schedules, where work requirements perm it, which will encourage participation of qualified minority and women's businesses. d) Use the services and assistance of the Washington State Office of Minority and Women's Business Enterprises (OMWBE) (866-208-1064) and the Office of Minority Business Enterprises ofthe U.S. Department of Commerce, as appropriate. 17. ORDER OF PRECEDENCE In the event of inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: (a) applicable Federal and State statutes and regulations; (b) Scope of Work; (c) Special Terms and Conditions; (d) Any provisions or terms incorporated herein by reference including the "Administrative Requirements for Recipients of Eco logy Grants and Loans"; and ( e) the General Terms and Conditions. 18. PRESENTATION AND PROMOTIONAL MATERIALS RECIPlENT shall obtain ECOLOGY's approval for all communication materials or documents related to the fulfillment of this Agreement. Steps for approval: a) Provide a draft copy to ECOLOGY for review and approval ten (I 0) business days prior to production and distribution of any documents or materials compiled or produced . b) ECOLOGY reviews draft copy and reserves the right to require changes until satisfied. c) Provide ECOLOGY two (2) final copies and an electronic copy of any tangible products developed. Copies include any printed materials, and all tangible products developed such as brochures, manuals, pamphlets, videos, audio tapes, CDs, curriculum, posters, media announcements, or gadgets, such as a refrigerator magnet with a message as well as media announcements, and any other online communication products such as Web pages, biogs, and Twitter campaigns. If it is not practical to provide a copy, then the RECIPIENT must provide a complete description including photographs, drawings, or printouts of the product that best represents the item. RECIPIENT shall include time in their project timeline for ECOLOGY's review and approval process. REClPIENT shall acknowledge in the materials or documents that funding was provided by ECOLOGY. 19. PROGRESS REPORTING a) RECIPIENT must satisfactorily demonstrate the timely use of funds by submitting payment requests and progress reports to ECOLOGY. ECOLOGY reserves the right to amend or terminate this Agreement if the RECIPIENT does not document timely use of funds. b) RECIPIENT must submit a progress report with each payment request. Payment requests will not be processed without a progress report. ECOLOGY will define the elements and frequency of progress reports . c) RECIPIENT shall use ECOLOGY's provided progress report format. d) Quarterly progress reports will cover the periods from January I through March 31, April l through June 30, July t through September 30, and October I through December 3 l. Reports shall be submitted within thirty (30) days after the end of the quarter being reported. e) RECIPIENT shall submit the Closeout Report within thirty (30) days of the expiration date of the project, unless an WQALG-20 l 6-F~dWay-00003 50 Agreement No: Project Title : Recipient Name: WQALG-20 l 6-FedWay-00003 Upper Joe's Creek Watershed Nutrient Reduction City of Federal Way extension has been approved by ECOLOGY . RECIPIENT shall use the ECOLOGY provided closeout report format. 20. PROPERTY RIGHTS a) Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable property, the RECIPIENT may copyright or patent the same but ECOLOGY retains a royalty free, nonexclusive, and irrevocable license to reproduce, publish, recover, or otherwise use the material(s) or property, and to authorize others to use the same for federal, state, or local government purposes. b) Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish ECOLOGY information; present papers, lectures, or seminars involving information supplied by ECOLOGY; or use logos, reports, maps, or other data in printed reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to ECOLOGY. <;) Presentation and Promotional Materials. ECOLOGY shall have the right to use or reproduce any printed or graphic materials produced in fulfillment of this Agreement, in any manner ECOLOGY deems appropriate. ECOLOGY shall acknowledge the RECIPIENT as the sole copyright owner in every use or reproduction of the materials. Page 19 of22 d) Tangible Property Rights. ECOLOGY's current edition of"Administrative Requirements for Recipients of Ecology Grants and Loans," shall control the use and disposition of all real and personal property purchased wholly or in part with funds furnished by ECOLOGY in the absence of state and federal statutes, regulations, or policies to the contrary, oi' upon specific instructions with respect thereto in this Agreement. e) Personal Property Furnished by ECOLOGY. When ECOLOGY provides personal property directly to the RECIPIENT for use in performance of the project, it shall be returned to ECOLOGY prior to final payment by ECOLOGY. (f said property is lost, stolen, or damaged while in the RECIPIENT's possession, then ECOLOGY shall be reimbursed in cash or by setoff by the RECIPIENT for the fair market value of such property. t) Acquisition Projects . The following provisions shall apply ifthe project covered by this Agreement includes funds for the acquisition of land or facilities: a. RECIPIENT shall establish that the cost is fair value and reasonable prior to disbursement of funds provided for in this Agreement. b. RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to disbursement of funds provided by this Agreement. Such evidence may include title insurance policies, Torrens certificates, or abstracts, and attorney's opinions establishing that the land is free from any impediment, lien, or claim which would impair the uses intended by this Agreement. _ g) Conversions. Regardless of the agreement expiration date, the RECIPIENT shall not at any time convert any equipment, property, or facility acquired or developed under this Agreement to uses other than those for which assistance was originally approved without prior written approval of ECOLOGY. Such approval may be conditioned upon payment to ECOLOGY of that portion of the proceeds of the sale, lease, or other conversion or encumbrance which monies granted pursuant to this Agreement bear to the total acquisition, purchase, or construction costs of such property. 21. RECORDS, AUDITS, AND INSPECTIONS RECIPIENT shall maintain complete program and financial records relating to this Agreement, including any engineering documentation and field inspection reports of all construction work accomplished. All records shall: a) Be kept in a manner which provides an audit trail for all expenditures . b) Be kept in a common file to facilitate audits and inspections. c) Clearly indicate total receipts and expenditures related to this Agreement. d) · Be open for audit or inspection by ECOLOGY, or by any duly authorized audit representative of the State of Washington, for a period of at least three (3) years after the final grant payment or loan repayment, or any dispute resolution hereunder. RECIPIENT shall provide clarification and make necessary adjustments if any audits or inspections identify discrepancies in the records. WQALG-20 I 6-fo;:dWay-00003 51 Agreement No: Project Title: Recipient Name: WQALG-20 I 6cFedWay-00003 Upper Joe's Creek Watershed Nutrient Reduction City of Federal Way Page 20 of22 ECOLOGY reserves the right to audit, or have a designated third party audit, applicable records to ensure that the state has been properly invoiced. Any remedies and penalties allowed by law to recover monies determined owed will be enforced. Repetitive instances of incorrect invoicing or inadequate records may be considered cause for termination. All work performed under this Agreement and any property and equipment purchased shall be made available to ECOLOGY 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 (3) years following grant or loan termination or dispute resolution hereunder. RECIPIENT shall provide right of access to ECOLOGY, or any other authorized representative, at all reasonable times, in order to monitor and evaluate performance, compliance, and any other conditions under this Agreement. 22. RECOVERY OF FUNDS The right of the RECIPIENT to retain monies received as reimbursement payments is contingent upon satisfactory performance of this Agreement and completion of the work described in the Scope of Work. All payments to the RECIPIENT are subject to approval and audit by ECOLOGY, and any unauthorized expenditure(s) or unallowable cost charged to this agreement shall be refunded to ECOLOGY by the RECIPIENT. RECIPIENT shall refund to ECOLOGY the full amount of any erroneous payment or overpayment under this Agreement. RECIPIENT shall refund by check payable to ECOLOGY the amount of any such reduction of payments or repayments within thirty (30) days of a written notice. Interest will accrue at the rate of twelve percent ( 12%) per year from the time ECOLOGY demands repayment of funds. Any property acquired under this Agreement, at the option of ECOLOGY, may become ECOLOGY's property and the RECIPIENT's liability to repay monies will be reduced by an amount reflecting the fair value of such property. 23. SEVERABlL!TY [f any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, and to this end the provisions of this Agreement are declared to be severable. 24. STATE ENVIRONMENTAL POLICY ACT (SEPA) RECIPIENT must demonstrate to ECOLOGY's satisfaction that compliance with the requirements of the State Environmental Policy Act (Chapter 43 .2 l C RCW and Chapter 197-l l WAC) have been or will be met. Any reimbursements are subject to this provision. 25. SUSPENSION When in the best interest of ECOLOGY, ECOLOGY may at any time, and without cause, suspend this Agreement or any portion thereof for a temporary period by written notice from ECOLOGY to the RECIPIENT. RECIPIENT shall resume performance on the next business day following the suspension period unless another day is specified by ECOLOGY. 26. SUSTAINABLE PRACTICES In order to sustain Washington's natural resources and ecosystems, the RECIPIENT is fully encouraged to implement sustainable practices and to purchase environmentally preferable products under this Agreement. a) Sustainable practices may include such activities as: use of clean energy, use of double-sided printing, hosting low WQALG-20 I 6-F~dWay-00003 52 Agree me nt No : Project Ti tle : Recipient Name : WQALG-20 l 6 -FedWay-00003 Up per Joe's Creek Watershed Nutrie nt Red uction City of Federal Way impact meetings, and setting up recycling and composting programs. b) Purchasing may include such items as: sustainably produced products and services, EPEAT registered computers and imaging equipment, independently certified green cleaning products, remanufactured toner cartridges, products with reduced packaging, office products that are refillable, rechargeable, and recyclable , and l 00% post consumer recycled paper. For more suggestions visit ECOLOGY's web pages: Green Purchasing, http://www.ecy.wa.gov/programs/swfa/epp and Sustainability, www .ecy.wa.gov/sustainability. 27. TERMINATION a) For Cause ECOLOGY may tenninate for cause this Agreement with a seven (7) calendar days prior written notification to the RECIPIENT, at the sole discretion of ECOLOGY, for failing to perform an Agreement requirement or for a material breach of any term or condition. If this Agreement is so tenninated, the parties shall be liable only for perfonnance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination . Failure to Commence Work. ECOLOGY reserves the right to terminate this Agreement if RECIPIENT fails to commence work on the project funded within four (4) months after the effective date of this Agreement, or by any date mutually agreed upon in writing for commencement of work, or the time period defined within the Scope of Work. Non-Perfonnance. The obligation of ECOLOGY 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 ECOLOGY, to perform any obligation required of it by this Agreement, ECOLOGY may refuse to pay any further funds, terminate in whole or in part this Agreement, and exercise any other rights under this Agreement. Despite the above, the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY and the State of Washington because of any breach of this Agreement by the RECIPIENT. ECOLOGY may withhold payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is determined. b) For Convenience ECOLOGY may terminate for convenience this Agreement , in whole or in part, for any reason when it is the best interest of ECOLOGY, with a thirty (30) calendar days prior written notification to the RECIPIENT. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the tenns of this Agreement prior to the effective date of termination. Non-Allocation of Funds . ECOLOGY's ability to make payments is contingent on availability of funding . In the event funding !Tom state, federal or other sources is withdrawn, reduced, or limited in any way after the effective date and prior to the completion or expiration date of this agreement, ECOLOGY, at its sole discretion, may elect to tenninate the agreement, in whole or part, or renegotiate the agreement, subject to new funding limitations or conditions. ECOLOGY may also elect to suspend performance of the agreement until ECOLOGY determines the funding insufficiency is resolved. ECOLOGY may exercise any of these options w ith no notification or restrictions. [fpayme nts have been discontinued by ECOLOGY due to unavailable funds , the RECIPIENT shall not be obligated to re pay monies which had been paid to the RECIPIENT prior to such termination. RECIPIENT's obligation to continue or complete the work described in this Agreement shall be contingent upon availability of funds by the RECIPCENT's governing body. WQALG-20 I 6-FedWay -00003 53 Page 2 1 of22 Agreement No: Project Title: Recipient Name: WQALG-2016-FedWay-00003 Upper Joe's Creek Watershed Nutrient Reduction City of Federal Way c) By Mutual Agreement ECOLOGYtmd the RECIPIENT may terminate this Agreement, in whole or in part, at any time, by mutual written agreement. d) In Event of Termination All finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports or other materials prepared by the RECIPIENT under this Agreement, at the option of ECOLOGY, will become property of ECOLOGY and the RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Nothing contained herein shall preclude ECOLOGY from demanding repayment of all funds paid to the RECIPIENT in accordance with Recovery of Funds, identified herein. 28. THIRD PARTY BENEFICIARY RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this Agreement, the state of Washington is named as an express third party beneficiary of such subcontracts with full rights as such. 29. WAIVER Waiver of a ~efault or breach of any provision of this Agreement is not a waiver of any subsequent default or breach, and will not be construed as a modification of the terms of this Agreement unless stated as such in writing by the authorized representative of ECOLOGY. WQALG-20 I 6-F~dWay-00003 54 Page 22 of22 COUNCIL MEETING DATE: July 21, 2015 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 2015 Manhole/Catchbasin Rebuild Project -100% Design Status Report and Authorization to Request Quotes POLICY QUESTION: Should the City Council authorize staff to request quotes for the 2015 Manhole/Catchbasin Rebuild Project and return to the LUTC and Council for contract award? COMMITTEE: Land Use and Transportation Committee CATEGORY: [2J Consent 0 City Council Business D Ordinance 0 Resolution MEETING DATE: July 6, 2015 D D Public Hearing Other ~-!~~!': ~13.:.1:'.2~! ~y: __ £~_!_I~.!1.g~-~~M-~~~j-~~!§~gi~~~E1._[: __ D_E_P_T_: _Public Works _________ _ Attachments: 1. Land Use and Transportation Committee memorandum dated July 6, 2015. Options Considered: 1. Authorize staff to request quotes for the 2015 Manhole/Catchbasin Rebuild Project and return to the LUTC and Council to award the project to the lowest responsive, responsible proposer. 2. Do not authorize staff to request quotes for the project and l?rovide direction to staff. MAYOR RECOMMENDATION: The Mayor recommends forwarding Option I to the July 21 , 2015 City Council Consent Agenda for approval. CHIEF OF STAFF: COMMITTEE RECOMMENDATION: I move to forward Option 1 to the July 21, 2015 City Council consent agenda for approval. Bob Celski, Chair Kelly Maloney, Member Lydia Assefa-Dawson, Member PROPOSED COUNCIL MOTION: "I move to authorize staff to request quotes for the 2015 Manhole/Catchbasin Rebuild Project and return to the LUTC and Council to award the project to the lowest responsive, responsible proposer. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED D DENIED 0 TABLED/DEFERRED/NO ACTION 0 MOVED TO SECOND READING (ordinances only) REVISED -0210612006 55 K :\COU NCIL\AGDB!LLS\20 I 5\07-21-152015 MHCB Rebuild Auth to Bid .docx COUNCIL BILL# 15T reading Enactment reading ORDINANCE# RESOLUTION# CITY OF FEDERAL WAY MEMORANDUM DATE: July 6, 2015 TO: VIA: FROM: Land Use and Transportation Committee ~ Jim Ferrell, Mayor Marwan Salloum, P.E ., Public Works Director . Fei Tang, P.E., SWM Project Engineer Pr SUBJECT: 2015 Manhole/Catchbasin Rebuild Project -l 00% Design Status Report and Authorization to Request Quotes BACKGROUND: This project will repair/rebuild (17) existing deteriorated stormwater manholes and catchbasins in the city's right of way. Since the engineer's estimated cost of this project is less than $150,000, quotations will be invited from at least five contractors on the appropriate small works roster who have indicated the capability of performing this kind of work. The following provides a brief synopsis of the progress on this project to date. Currently, the project design is approximately l 00% complete, which includes the following completed tasks: • Identify and map manholes and catchbasins • Prepare contract specifications and design details • Prepare Request for Quote and Small Public Works Contract Ongoing Tasks Include: • Obtain quotes and evaluate. PROJECT ESTIMATED EXPENDITURES: 2015 Construction Cost l 0% Construction Contingency TOT AL PROJECT COSTS AVAILABLE FUNDING: cc : Project File Day File $38,664 $3,866 $42,530 $45,000 K:\LUTC\2015 \07-06-152015 CBMH Rebuild -100% and Authorization to Bid.docx 56 COUNCIL MEETING DATE: July 21, 2015 ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Authorization to enter into an Interlocal Agreement for Water Resource Inventory 9 (WRIA 9) POLICY QUESTION: 1. Should the City of Federal Way enter into an Inter local Agreement for Water Resource Inventory 9 (WRIA 9) thereby becoming a participant in the protection and restoration of the Green/Duwamish River and Central Puget Sound Watershed? COMMITTEE: Land Use and Transportation Committee CATEGORY: ~ Consent D City Council Business D Ordinance D Resolution STAFF REPORT BY: Theresa Thurlow, Surface Water ManagerJr? Attachments: 1. Land Use and Transportation Memo MEETING DATE: July 6, 2015 D D Public Hearing Other DEPT: Public Works 2. Interlocal Agreement for Water Resource Inventory 9 (WRIA 9) Options Considered: 1. Authorize the Mayor to enter into an Interlocal Agreeme_nt with Water Resource Inventory 9 (WRIA 9). 2. Do not enter in the Interlocal Agreement for Water Resource Inventory 9 (WRIA 9) and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding option 1 to the July Consent Agenda for approval. MAYOR APPROVAL: CHIEF OF STAFF: r COMMITTEE RECOMMENDATION: I move to forward Option 1 to the July 21, 2015 consent agenda for approval. Bob Celski, Chair Kelly Maloney, Member Lydia Assefa-Dawson, Member PROPOSED COUNCIL MOTION: "J move approval of Authorization to enter into the lnterlocal Agreement for Water Resource Inventory 9 (WRIA 9)" (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED 0 DENIED 0 T ABLEDillEFERRED/NO ACTION 0 MOVED TO SECOND READING (ordinances only) REVISED-08/12/2010 57 COUNCIL BILL# 15T reading Enactment reading ORDINANCE# RESOLUTION # DATE: TO: VIA: FROM: June 24, 2015 CITY OF FEDERAL WAY MEMORANDUM Land Use and Transportation Committee Jim Ferrell, Mayor Marwan Salloum, Public Works Director ~.-~ Theresa Thurlow, Surface Water Manager SUBJECT: Interlocal Agreement (or Water Resource Inventory Area 9 (WRIA 9) BACKGROUND: As a jurisdiction within a portion of the Green River Watershed, the City of Federal Way has been an active member of the Water Resource Inventory 9 (WRIA 9) management committee for salmon conservation based planning efforts in the Green /Duwamish River and Central Puget Sound watershed basin since its inception in 2001. In 2006 the Salmon Habitat Plan developed under the 2001 -2005 WRIA 9 Interlocal Agreement (ILA) was ratified and the City of Federal Way entered into a new ILA which extended membership through 2015. During the 2006-2015 WRIA 9 ILA, local governments, tribes, business and environmental interests, as well as state and federal agencies worked collectively for the recovery of the Green River Chinook salmon population through habitat restoration projects and conservation property acquisition. Continued cooperative efforts within the watershed basin under WRIA 9 are necessary for implementation and adaptive management for sustained improvement in local water quality, flood hazard reduction, water quantity and habitat enhancement. The proposed WRIA 9 ILA would require the City of Federal Way to commit to an initial term of ten ( 1 0) years and provide a cost share based on population, assessed value, and area percentage of each jurisdiction within WRIA 9. Initial cost share for the City of Federal Way is $23,925 for 2016 and will be recalculated every three years starting with 2017. As a participant, City of Federal Way will be required to provide one (1) elected official and one (1) alternative representative to serve on the WRIA 9 Watershed Ecosystem Forum. cc: Project File Day File 58 INTERLOCAL AGREEMENT For the Green River, Duwamish River, and Central Puget Sound Watersheds within the geographic planning area of Water Resource Inventory Area 9 (which includes portions of Water Resource Inventory Areas 8, 10, and 15) PREAMBLE THIS AGREEMENT ("Agreement") is entered into pursuant to Chapter 39 .34 RCW by and among the eligible county and city governments signing this Agreement that are located in King County or Pierce County, lying wholly or partially within or having a major interest in the Green River, Duwamish River, and Central Puget Sound Watersheds and within the planning and management area of Watershed Resource Inventory Area 9, which includes portions of WRIA 8, 10, and 15, ("WRIA 9") all political subdivisions of the State of Washington (individually, for those signing this agreement, "Party", and collectively "Parties"); WHEREAS, the planning and management area of WRIA 9 includes all of the area recognized by the State of Washington as WRIA 9 and portions ofWRIA 8, 10, and 15; WHEREAS, the Parties share interests in and responsibility for addressing long-term watershed planning and conservation of the aquatic ecosystems and floodplains of the Green River, Duwamish River, and Central Puget Sound Watersheds and wish to collectively provide for planning, funding and implementation of various activities and projects therein; and WHEREAS, the Parties have participated in an lnterlocal Agreement for the years 2001- 2005 to develop "Making Our Watershed Fit for a King" as approved in 2005 and since amended ("Salmon Habitat Plan"), contributed to the federally-approved Puget Sound Salmon Recovery Plan, and desire to continue providing efficient participation in the implementation of such plans; and WHEREAS, the Parties took formal action in 2005 and 2006 to ratify the Salmon Habitat Plan, and WHEREAS, the Parties have participated in an extension of the 2001-2005 lnterlocal Agreement and an lnterlocal Agreement for the years 2007-2015 in implementing the Salmon Habitat Plan; and WHEREAS, the Parties have demonstrated in the Salmon Habitat Plan that watershed ecosystem services are worth billions of dollars of value to local people in terms of stormwater management, pollution treatment, recreational value, and other expensive and difficult to replace services; and WHEREAS, the Parties seek information on watershed conditions and salmon conservation and recovery needs to inform local decision-making bodies regarding actions in response to listings under the Endangered Species Act ("ESA"); and WHEREAS, the Parties have prioritized and contributed resources and funds for implementing projects and programs to protect and restore habitat; and ILA_WRIA9_2016-2025_05-14-2015.docx 59 Page 1 WHEREAS, the Parties wish to monitor and evaluate implementation of the Salmon Habitat Plan through adaptive management; and WHEREAS, the Parties wish to continue to use adaptive management for identifying, coordinating and implementing basin plans and water quality, flood hazard reduction, water quantity, and habitat projects in the watersheds; and WHEREAS, the Parties have a strong interest in participating on the Puget Sound Salmon Recovery Council because of the contributions of the Green River, Duwamish River, and Central Puget Sound Watersheds to the overall health of Puget Sound; and WHEREAS, the Parties have a strong interest in participating on the Washington Salmon Coalition and other groups associated with the Salmon Recovery Funding Board to collectively seek funding to implement the Salmon Habitat Plan; and WHEREAS, the Parties have a strong interest to implement the Puget Sound Partnership Action Agenda to restore the Puget Sound to health and sustain that health by 2020; and WHEREAS, the Parties have a strong interest in participating on the Puget Sound Salmon Recovery Council and other entities associated with Puget Sound salmon recovery and Puget Sound South Central Action Area Caucus Group to collectively seek funding to implement the Salmon Habitat Plan; and WHEREAS, the Parties have a strong interest to achieve multiple benefits by integrating salmon recovery planning and actions; and WHEREAS, the Parties recognize that identification of watershed issues, and implementation of salmon conservation and recovery actions may be carried out more efficiently if done cooperatively than if carried out separately and independently; and WHEREAS, individual Parties are taking separate and independent actions to improve the health of the Green River, Duwamish River, and the Central Puget Sound Watersheds and the overall health of Puget Sound; NOW, THEREFORE, the Parties hereto do mutually covenant and agree as follows: MUTUAL CONVENANTS AND AGREEMENTS 1. DEFINITIONS. For purposes of this Agreement, the following terms shall have the meaning provided for below: 1.1 ELIGIBLE COUNTY AND CITY GOVERNMENTS: The local governments eligible for participation in this Agreement as parties are King County, and the Cities of Algona, Auburn, Black Diamond, Burien, Covington, Des Moines, Enumclaw, Federal Way, Kent, Maple Valley, Normandy Park, Renton, SeaTac, Seattle, Tacoma,. Tukwila, and an_Y newly incorporated city that lies fully or partially within the boundaries of WRIA 9. 1.2 WRIA 9 ILA PARTIES: The Parties to _the WR/A 9 lnter/oca/ Agreement are the Parties who sign this Agreement and are the Parties responsible for implementing this ILA_WRIA9 _2016-2025_05-14-2015.docx 60 Page 2 Agreement. The Parties to this ILA shall each designate a representative and alternate representative to the WR/A 9 Watershed Ecosystem Forum. 1.3 WRIA 9 WATERSHED ECOSYSTEM FORUM: The WR/A 9 Watershed Ecosystem Forum referred to herein is the cooperative body comprised of the designated representatives of the WR/A 9 /LA Parties and a balance of Stakeholder representatives and any other persons who are deemed by the Parties to this Agreement to be appropriate members for the implementation of the Salmon Habitat Platt The WR/A 9 Watershed Ecosystem Forum shall be an advisory body responsible for making recommendations for implementing the Salmon Habitat Plan including substantive plan amendments recommended as a result of adaptive management or other changed conditions. 1.4 GREEN/DUWAMISH AND CENTRAL PUGET SOUND WATERSHED WATER RESOURCE INVENTORY AREA 9 SALMON HABITAT PLAN: The Green/Duwamish and Central Puget Sound Watershed Water Resource Inventory Area 9 Salmon Habitat Plan (2005 Salmon Habitat Plan or Salmon Habitat Plan) is the plan developed by the WR/A 9 Watershed Ecosystem Forum and ratified by all of the parties to an interlocal agreement for its development and implementation. The Salmon Habitat Plan recommends actions that should be taken to protect and restore salmon habitat, using an ecosystem approach, in the Green/Duwamish and Central Puget Sound Watersheds. The Salmon Habitat Plan may be amended from time to time according to the procedure in Section 6 herein and approved amendments shall be considered integral parts of the Salmon Habitat Plan. Efforts under the Salmon Habitat Plan are intended to complement habitat improvements in other parts of Puget Sound and hatchery and harvest actions to recover Puget Sound Chinook salmon, steelhead, and bull trout, and when implemented achieve multiple ecosystem benefits. The Salmon Habitat Plan constitutes a chapter of the Puget Sound Salmon Recovery Plan. 1.5 MANAGEMENT COMMITTEE: The Management Committee as referred to herein consists of seven (7) elected officials or their designees. The seven officials of the Management Committee are chosen by the WR/A 9 /LA Parties, according to the voting procedures in Section 5 herein, charged with certain oversight and administrative duties on the WR/A 9 /LA Parties' behalf. 1.6 SERVICE PROVIDER: The Service Provider, as used herein, means that agency, government, consultant, or other entity which supplies staffing or other resources to and for the WR/A 9 /LA Parties; in exchange for payment. The Service Provider may be a Party to this Agreement. 1.7 FISCAL AGENT: The Fiscal Agent refers to that agency or government which performs all accounting services for the WR/A 9 /LA Parties as it may require, in accordance with the requirements of Chapter 39.34 RCW. ILA_WRIA9_2016-2025~ 05-14-2015. docx 61 Page 3 1.8 STAKEHOLDERS: Stakeholders refers to those public and private entities within WRIA 9 who reflect the diverse interests integral to implementing the Salmon Habitat Plan, and may include but is not limited to environmental and business interests. 2 . PURPOSES. The purposes of this Agreement include the following: 2.1 To provide a mechanism to protect and restore the ecological health of the Green/Duwamish Rivers and Central Puget Sound Watersheds. 2.2 To provide a mechanism, through an annually agreed upon work plan, for implementing and coordinating local efforts to address issues with watershed-wide or basin implications, including but not limited to flood hazard reduction, floodplain management, surface and groundwater quality, water quantity, and habitat. 2.3 To provide information for WR/A 9 /LA Parties to inform land use planning, regulations, environmental programs, education, and enforcement of applicable codes. 2.4 To provide a mechanism and governance and funding structures for jointly implementing the Salmon Habitat Plan. 2.5 To develop and take actions on key issues during the implementation of the Salmon Habitat Plan. 2.6 To provide a mechanism for cooperative review and · implementation of recommended policies and regulations needed for response to listings under the Endangered Species Act. 2.7 To provide a venue for the ongoing participation of citizens and other stakeholders in salmon recovery and other watershed efforts and to ensure continued public outreach efforts to educate and garner support for current and future watershed and Endangered Species Act listed species response efforts by local governments and in accordance with the Salmon Habitat Plan. 2.8 To provide a mechanism for securing technical assistance and any available funding from federal, state, and other sources to implement the Salmon Habitat Plan. 2.9 To provide a mechanism for implementing other multiple benefit habitat, surface and groundwater quality, water quantity, floodplain management, and flood hazard reduction projects with other local, regional, tribal, state, federal and non-profit funds as may be contributed to or secured by the WR/A 9 /LA Parties and Watershed Ecosystem Forum. 2.10 To annually recommend WRIA 9 administrative support, projects, and programs for funding by the King County Flood Control District through the District's Cooperative Watershed Management grant program. 2.11 To annually recommend . projects for implementation of planning, engineering, permitting and construction tasks for the Green/Duwamish Ecosystem Restoration Project in partnership with the U.S. Army Corps of Engineers. ILA_WRIA9_2016-2025_05-14-2015.docx 62 Page 4 2.12 To provide a framework for cooperating and coordinating among the Parties on issues relating to WRIA 9 to meet the requirement of a commitment by any Party to participate in WRIA 9 planning and implementation, to prepare or implement a basin plan, or to respond to any state or federal law which may require these actions as a condition of any funding, permitting or other program of state or federal agencies. Participation is at the discretion of such Party to this Agreement. 2.13 To provide a mechanism to approve and support, through resources and funding from grant sources or other means, implementation of restoration and protection projects and programs. 2.14 To provide a mechanism for on-going monitoring and adaptive management of the Salmon Habitat Plan as defined in the Plan and agreed to by the WR/A 9 /LA Parties and Watershed Ecosystem Forum. It is not the purpose or intent of this Agreement to create, supplant, preempt or supersede the authority or role of any jurisdiction, governmental entity or water quality policy bodies including the Regional Water Quality Committee. 3. EFFECTIVE DATE AND TERM. This Agreement shall become effective upon its execution by at least five (5) of the eligible local governments within WRIA 9 representing at least seventy percent (70%) of the affected population within the geographic area of WRIA 9, as authorized by the legislative body of each local government, and further provided that after such signatures this Agreement has been filed by King County in accordance with the terms of RCW 39.34.040 and .200. Once effective, this Agreement shall remain in effect for an initial term of ten (10) years; provided, however, that this Agreement may be extended for such additional terms as the Parties may agree to in writing with such extension being effective upon its execution by at least five (5) of the eligible local governments within WRIA 9 representing at least seventy percent (70%) of the affected population within the geographic area of WRIA 9, as authorized by the legislative body of each local government, and further provided that after such signatures this Agreement has been filed by King County in accordance with the terms of RCW 39.34.040 and .200. Such extension shall bind only those Parties executing the extension. 4. ORGANIZATION AND MEMBERSHIP. The Parties to this Agreement serve as the formal governance structure for carrying out the purposes of this Agreement. 4.1 Each Party to this Agreement except Tacoma shall appoint one (1) elected official to serve as its primary representative, and one (1) alternate representative to serve on the WR/A 9 Watershed Ecosystem Forum. The alternate representative may be a different elected official or senior staff person. Tacoma's representative shall be the Tacoma Water Superintendent.or designee, which designee shall be a senior staff position. 4.2 Upon the effective execution of this Agreement and the appointment of representatives to the WR/A 9 Watershed Ecosystem Forum, the appointed representatives of the WR/A 9 /LA Parties shall meet and choose from among its members, according to the ILA_WRIA9_2016-2025_05-14-2015.docx 63 Page 5 provisions of Section 5 herein, seven (7) officials or their designees, to serve as a Management Committee to oversee and direct the scope of work, funds, and personnel agreed to and contributed under this Agreement, in accordance with the adopted annual budget and work program and such other directions as may be provided by the WR/A 9 /LA Parties. Representatives of the Fiscal Agent and Service Provider may serve as non-voting ex officio members of the Manage1J1ent Committee. The Management Committee shall act as the executive subcommittee of the WR/A 9 /LA Parties, responsible for oversight and evaluation of any Service Providers or consultants, administration of the budget and work plan, and for providing recommendations on administrative matters to the WR/A 9 /LA Parties for action, consistent with other subsections of this section. The appointed representatives of the WR/A 9 /LA Parties shall consider new appointments or reappointments to the Management Committee every two years following its initial appointments. 4.3 The services cost-shared under this agreement shall be provided to the WR/A 9 /LA Parties and the Watershed Ecosystem Forum by the Service Provider, which shall be King County Department of Natural Resources and Parks, unless selected otherwise · by the WR/A 9 /LA Parties. The Management Committee shall prepare a Memorandum of Understanding to be signed by a representative of the Service Provider, and the Chair of the WR/A 9 Management Committee., and this Memorandum of Understanding shall set out the expectations for services so provided. Services should include, without limitation, identification of and job descriptions for dedicated staff, description of any supervisory role retained by the Service Provider over any staff performing services under this Agreement, and a method of regular consultation between the Service Provider and the Management Committee concerning the performance of services hereunder. 4.3.1 A subset of the Parties to this Agreement may purchase and cost share services from the Service Provider in addition to the annual cost-shared services agreed to by all Parties pursuant to Section 4.3 herein. 4.3.2 The Management Committee shall prepare a Memorandum of Understanding to be signed by a representative of the Service Provider, and the Chair of the WR/A 9 Management Committee, which shall set out the expectations for the additional services to be provided to the subset of the Parties to this Agreement. 4.4 The WR/A 9 /LA Parties by September 1 of each year shall establish and approve an annual budget that provides for the level of funding and total resource obligations of the Parties for the following calendar year. Such obligations are to be allocated on a proportional basis based on the average of the population, assessed valuation and area attributable to each Party to this Agreement, in accordance with the formula set forth in Exhibit A, which formula and accompanying data shall be updated every third year by the ILA_WRIA9_2016-2025_05-14-2015.docx 64 Page 6 WR/A 9 Management Committee. Individual Party cost shares may change more frequently than every three years for Parties involved in an annexation that changes the area, population, and assessed value calculation of such Party to the extent that the cost shares established by the formula set forth in Exhibit A would be changed by such annexation. Tacoma's cost share will be determined on an annual basis by the Management Committee, and will be included in the annual updates to Exhibit A. The weight accorded Tacoma's vote for weighted voting pursuant to Section 5 herein shall correspond to Tacoma's cost share for each year relative to the cost shares contributed by the other Parties. 4.4.1 The level of funding, total resource obligations, and allocation of obligations for those members of the Parties that agree to cost share additional services pursuant to Subsection 4.3.1 herein shall be negotiated and determined by those Parties purchasing the additional services. 4.5 The WR/A 9 /LA Parties shall incorporate the negotiated additional cost share and incorporate the services in the annual budget and work plan. The WR/A 9 /LA Parties shall oversee and administer the expenditure of budgeted funds and shall allocate the· utilization of resources contributed by each Party or obtained from other sources in accordance with the approved annual work program. 4.6 The WR/~ 9 /LA Parties shall review and evaluate the duties to be assigned to the Management Committee hereunder and the performance of the Fiscal Agent and Service Provider to this Agreement, and shall provide for whatever actions are necessary to ensure that quality services are efficiently, effectively and responsibly delivered in the performance of the purposes of this Agreement. The performance of the Service Provider shall be assessed every year. 4. 7 The Parties to the WR/A 9 /nterlocal Agreement may contract with similar watershed forum governing bodies such as the Puget Sound Partnership or any other entities for any lawful purpose related to the purposes provided for in this Agreement. The Parties may choose to create a separate legal or administrative entity under applicable state law, including without limitation a nonprofit corporation or general partnership, to accept private gifts, grants or financial contributions, or for any other lawful purpose consistent with the purposes provided for herein. 4.8 The WR/A 9 /LA Parties shall adopt other rules and procedures that are consistent with its purposes as stated herein and are necessary for its operation. 5. VOTING. The WR/A 9 /LA Parties shall make decisions, approve scopes of work, budgets, priorities, and any other actions necessary to carry out the purposes of this Agreement as follows: 5.1 Decisions shall be made using a consensus model as much as possible. Each Party agrees to use its best efforts and exercise good faith in consensus decision-making. Consensus may be reached by unanimous agreement of the Parties. If unanimous ILA_WRIA9_2016-2025_05-14-2015.docx 65 Page 7 agreement of members cannot be reached then the Parties to this agreement may reach consensus by a majority rec9mmendation with a minority report. Any Party who does not accept a majority decision may request weighted voting as set forth below. 5.2 In the event consensus cannot be achieved, as determined by rules ~nd procedures adopted by the Parties to the WR/A 9 lnterloca/ Agreement , the WR/A 9 /LA Parties shall take action on a dual-majority basis, as follows: 5.2.1 Each Party, through its appointed representative, may cast its weighted vote in connection with a proposed WR/A 9 action. 5.2.2 The weighted vote of each Party in relation to the weighted votes of each of the other Parties shall be determined by the percentage of the annual contribution made by each Party as set in accordance with Section 4.4 herein in the year in which the vote is taken. 5.2.3 For any action subject to weighted voting to be deemed approved, valid and binding, an affirmat!ve vote must be cast by both a majority of the Parties to this Agreement and by a majority of the weighted votes of the Parties to this Agreement. 6 . IMPLEMENTATION and ADAPTIVE MANAGEMENT OF THE SALMON HABITAT PLAN. The Salmon Habitat Plan shall be implemented consistent with the following: 6.1 The WR/A 9 Watershed Ecosystem Forum shall provide information to the WR/A 9 /LA Parties regarding progress in achieving the goals and objectives of the Salmon Habitat Plan. Recommendations of the WR/A 9 Watershed Ecosystem Forum are to be consistent with the purposes of this Agreement. The WR/A 9 /LA Parties may authorize additional advisory bodies to the WR/A 9 Watershed Ecosystem Forum such as a technical committee and adaptive management work group. The Watershed Ecosystem Forum shall develop and approve operating and voting procedures for its deliberations, but such procedures do not affect the voting provisions contained in this Agreement for the WR/A 9 /LA Parties . 6.2 The WR/A 9 /LA Parties shall act to approve or remand any substantive changes to the Salmon Habitat Plan based upon recommendations by the WR/A 9 Watershed Ecosystem Forum within ninety (90) days of receipt of the proposed changes, according to the voting procedures of Section 5 herein. In the event that the Salmon Habitat Plan changes are not so approved, the recommended changes shall be returned to the WR/A 9 Watershed Ecosystem Forum for further consideration and amendment and thereafter returned to the WR/A 9 ILA Parties for decision. 6.3 The WR/A 9 /LA Parties shall determine when ratification is needed of substantive changes to the Salmon Habitat Plan. The changes shall be referred to the Parties for ratification prior to the submission to any regional, state, or federal agency for further action. Ratification means an affirmative action, evidenced by a resolution, motion, or ILA_ WRIA9_2016-2025_ 05-14-2015. docx 66 Page 8 ordinance of the local government's legislative body, by at least five Parties representing at least seventy percent (70%) of the total population within the geographic planning and management area of WRIA 9. 6.4 Upon remand for consideration of any portion or all of the changes to the Salmon Habitat Plan by any regional, state or federal agency, the WR/A 9 /LA Parties shall undertake a review for consideration of the remanded changes to the plan. The WR/A 9 /LA Parties may include further referral to the WR/A 9 Watershed Ecosystem Forum for recommendation or amendments thereto. 6.5 The Parties agree that any changes to the Salmon Habitat Plan shall not be forwarded separately by any Party to any regional, state or federal agency unless the changes have been approved and ratified as provided herein. 7 . OBLIGATIONS OF PARTIES; BUDGET; FISCAL AGENT; RULES. 7.1 Each Party shall be responsible for meeting only its individual obligations hereunder as established in the annual budget adopted by the WR/A 9 /LA Parties under this Agreement, including all such obligations related to the WR/A 9 ILA Parties and WR/A 9 Watershed Ecosystem Forum funding, technical support and participation in related planning and implementation of projects, and activities as set forth herein. It is anticipated that separate actions by the legislative bodies of the Parties will be necessary from time to time in order to carry out these obligations. ; 7.2 The maximum funding responsibilities imposed upon the parties during each year of this Agreement shall not exceed the amounts that are established annually pursuant to Section 4.4 herein. 7.3 No later than September 1 of each year of this Agreement, the WR/A 9 /LA Parties shall adopt a budget, including its overhead and administrative costs, for the following calendar year. The budget shall propose the level of funding and other (e.g., staffing) responsibilities of the individual parties for the following calendar year and shall propose the levels of funding and resources to be allocated to specific prioritized planning and implementation activities within WRIA 9. The Parties shall thereafter take whatever separate legislative or other actions as may be necessary to address such individual responsibilities under the proposed budget, and shall have done so no later than December 1 of each year. Parties may elect to secure grant funding to meet their individual obligations. 7.4 Funds collected from the Parties or other sources on behalf of the WR/A 9 /LA Parties shall be maintained in a special fund by King County as Fiscal Agent and as ex officio treasurer on behalf of the WR/A 9 /LA Parties pursuant to rules and procedures established and agreed to by the WR/A 9 /LA Parties. Such rules and procedures shall set out billing practices and collection procedures and any other procedures as may be necessary to provide for its efficient administration and operation. ILA_ WRIA9_2016-2025_05-14-2015.docx 67 Page 9 7.5 Any Party fo this Agreement may inspect and review all records maintained in connection with such fund at any reasonable time. 8. LATECOMERS. A county or city government in King County lying wholly or partially within the management area of or with a major interest in WRIA 9 which has not become a Party to this Agreement within twelve ( 12) months of the effective date of this Agreement may become a Party by obtaining written consent of all the Parties to the Agreement. The provisions of Section 5 herein otherwise governing decisions of the WR/A 9 /LA Parties shall not apply to this section. The Parties of the Agreement and any governments seeking to become a Party shall jointly determine the terms and conditions under which a government may become a new Party. The terms and conditions shall include payment of an amount by the new Party to the WR/A 9 Fiscal Agent. The amount of payment is determined jointly by the existing WR/A 9 /LA Parties and the new Party. The payment of the new Party is to be a fair and proportionate share of all costs associated with activities undertaken by the WR/A 9 /LA Parties as of the date ·the government becomes a new Party. Any government that becomes a Party pursuant to this section shall thereby assume the general rights and responsibilities of all other Parties. 9 . TERMINATION. 9.1 Termination can only occur on an annual basis, beginning on January 1 of each calendar year, and then only if the terminating Party, through action of its governing ,body, provides at least sixty (60) days' prior written noti~e of its intent to terminate. The terminating Party shall remain fully responsible for meeting all of its funding and other obligations through the end of the calendar year in which such notice is given, together with any other costs that may have been incurred on behalf of such terminating Party up to the effective date of such termination. It is possible that the makeup of the Parties to this Agreement may change from time to time. Regardless of any such changes, the Parties choosing not to exercise the right of termination shall each remain obligated to only meet their respective share of the obligations of the WR/A 9 /LA Parties as reflected in the annual budget. The shares of any terminating Party shall not be the obligation of any of the Parties not choosing to exerCise the right of termination. 9.2 This Agreement may be terminated in its entirety at any time by the written agreement of all of the Parties. In the event this Agreement is terminated all unexpended ·funds shall be refunded to the Parties pro rata based on each Party's cost share percentage of the total budgeted funds and any real or personal property acquired to carry out the purposes of this Agreement shall be returned to the contributing Party if such Party can be identified, and if the Party cannot be identified, the property shall be disposed of and the .proceeds distributed pro rata as described above for unexpended funds. 10. HOLD HARMLESS AND INDEMNIFICATION. To the extent permitted by state law as to city and county governments, and federal law as governing to tribes, and for the limited purposes set forth in this Agreement, each Party shall protect, defend, hold harmless and indemnify the other ILA_WRIA9_2016-2025 __ 05-14-2015.docx 68 Page 10 Parties, their officers, elected officials, agents and employees, while acting within the scope of their employment as such, from and against any and all claims (including demands, suits, penalties, liabilities, damages, costs, expenses, or losses of any kind or nature whatsoever) arising out of or in any way resulting from such Party's own negligent acts or omissions related to such Party's participation and obligations under this Agreement. Each Party to this Agreement agrees that its obligations under this subsection extend to any claim, demand and/or cause of action brought by or on behalf of any of its employees or agents. For this purpose, each Party, by mutual negotiation, hereby waives, with respect to the other Parties only, any immunity that would otherwise be available against such claims under the industrial insurance act provisions of Title 51 RCW. In the event that either Party incurs any judgment, award, and/or cost arising therefrom, including attorneys' fees, to enforce the provisions of this Section, all such fees, expenses, and costs shall be recoverable from the responsible Party to the extent of that Party's culpability. The provisions of this Section shall survive and continue to be applicable to Parties exercising the right of termination pursuant to Section 9 herein. 11. NO ASSUMPTION OF LIABILITY. In no event do the Parties to this Agreement intend to assume any responsibility, risk or liability of any other Party to this Agreement or otherwise with regard to any Party's duties, responsibilities or liabilities under the Endangered Species Act, or any other act, statute, regulation or ordinance of any local municipality or government, the State of Washington, or the United States. 12. VOLUNTARY AGREEMENT. This Agreement is voluntary and is acknowledged and agreed that no Party is committing to adopt or implement any actions or recommendations that may be contained in the Salmon Habitat Plan. 13. NO PRECLUSION OF ACTIVITIES OR PROJECTS. Nothing herein shall preclude any one or more of the Parties from choosing or agreeing to fund or implement any work, activities or projects associated with any of the purposes hereunder by separate agreement or action, provided that any such decision or agreement shall not impose any funding, participatio'n or other obligation of any kind on any Party which is not a party to such decision or agreement. 14. NO THIRD PARTY RIGHTS. Nothing contained in this Agreement is intended to, nor shall it be construed to, create any rights in any third party, including without limitation the National Oceanic and Atmospheric Administration -Fisheries, United States Fish and Wildlife Service, any agency or department of the United States, or the State of Washington, or to form the basis for any liability on the part of the WR/A 9 /LA Parties or any of the Parties, or their officers, elected officials, agents and employees, to any third party. 15. AMENDMENTS. This Agreement may be amended, altered or clarified only by the unanimous consent of the Parties to this Agreement, and requires authorization and approval by each Party's governing body. 16 . COUNTERPARTS. This Agreement may be executed in counterparts. ILA_ WRIA9 _2016-2025_05-14-2015.docx 69 Page 11 17. APPROVAL BY PARTIES' GOVERNING BODIES. The governing body of each Party 1')1USt approve this Agreement before any representative of such Party may sign this Agreement. 18. FILING OF AGREEMENT. This Agreement shall be filed by King County in accordance with the provisions of RCW 39.34.040 and .200 and with the terms of Section 3 herein. 19. ENTIRE AGREEMENT. This Agreement contains the entire Agreement among the Parties, and supersedes all prior negotiations, representations, and agreements, oral or otherwise, regarding the specific terms of this Agreement. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the dates indicated below: Approved as to form: CITY OF ALGONA: By: By: Title: Title: Date: Date: ILA_WRIA9_2016-2025 _05-14-2015.docx 70 Page 12 Approved as to form : CITY OF AUBURN : By: By: Title: Title : Date: Date : ILA_WRIA9_2016-2025 __ 05-14-2015.docx 71 Page 13 Approved as to form: CITY OF BLACK DIAMOND: By: By: Title: Title: Date: Date: ILA_WRIA9 __ 2016-2025 05-14-2015.docx 72 Page 14 Approved as to form: CITY OF BURIEN : By: By: Title: Title: Date: Date: ILA_WRIA9 _2016-2025_05-14-2015.docx 73 Page 15 Approved as to form : CITY OF COVINGTON: By: By: Title: Title: Date: Date: ILA_WRIA9_2016-2025 __ 05-14-2015.docx 74 Page 16 Approved as to form: CITY OF DES MOINES: By: By: Title: Title: Date: Date: ILA_WRIA9_2016-2025_,05-14-2015.docx 75 Page 17 Approved as to form: CITY OF ENUMCLAW: By: By: Title: Title: Date: Date: ILA_WRIA9 _2016-2025_05-14-2015.docx 76 Page 18 Approved as to form: CITY OF FEDERAL WAY: By: By: Title: Title : Date: Date : ILA_WRIA9 _2016-2025_05-14-2015 .docx 77 Page 19 Approved as to form : CITY OF KENT: By: By: Title: Title: Date: Date: ILA_WRIA9_2016-2025 __ 05-14-2015.docx 78 Page 20 Approved as to form : KING COUNTY: By: By: Title: Title: Date: Date: ILA_WRIA9 __ 2016-2025 05-14-2015.docx 79 Page 21 Approved as to form : CITY OF MAPLE VALLEY: By : By : T itle : Title: Date : Date: ILA_WRIA9_2016-2025 05-14-2015.docx 80 Page 22 Approved as to form : CITY OF NORMANDY PARK: By: By: Title: Title : Date: Date : ILA_WRIA9_ 2016-2025_ 05-14-2015.docx 81 Page 23 Approved as to form : CITY OF RENTON: By: By: Title : Title: Date: Date: ILA_WRIA9_2016-2025 _ 05-14-2015.docx 82 Page 24 Approved as to form : CITY OF SEATAC : By: By: Title: Title: Date: Date: ILA_WRIA9_2016-2025 05-14-2015.docx 83 Page 25 Approved as to form: CITY OF SEATTLE: By: By: Title: Title: Date: Date: ILA_WRIA9_2016-2025 __ 05-14-2015.docx 84 Page 26 Approved as to form: CITY OF TACOMA: By: By: Title: Title: Date: Date: ILA_WRIA9 _2016-2025 05-14-2015.docx 85 Page 27 Approved as to form : CITY OF TUKWILA: By: By: Title: Title: Date: Date: ILA_\NRIA9 _2016-2025 _05-14-2015.docx 86 Page 28 Exhibit A WRIA Based Cost Share: WRIA 9 Regional Watershed Funding For2016 Total: Note: Beginning with the 2017 cost shares, jurisdictional area, population, and assessed value are to be recalculatec significant annexation per the WR/A 9 interloca/ agreement for 2016-2025. Watershed Ecosystem Forum Approved May 14, 2015 Assessed Cost-SharE Population Adjusted Value (AV) Adjusted (Average of WRIA 9 Jurisdiction (Pop)% Pop % Adjusted AV Area% Acres Area 1 Algona* 0.23% 1,543 0.19% $197,378,600 0 .16% 363.06 0.19% 2 Auburn* 6 .06% 40,956 5.06% $5,318,451,800 5 .67% 12,550.28 5.59% 3 Black Diamond 0.61% 4,120 0.57% $595,345,385 1.95% 4,308.20 1.04% 4 Burien 6.51% 44,006 5.10% $5,356,038,587 2.86% 6,340.17 4.82% 5 Covington 2.54% 17,190 1.86% $1,954,508,239 1.70% 3,773.03 2.04% 6 Des Moines 4.30% 29,090 2.66% $2,792,105,100 1.78% 3,951.55 2.91% 7 Enumclaw* 0.65% 4,366 0 .55% $573,979,500 0.62% 1,380.31 0.61% 8 Federal Way* 9 .01% 60,918 5.06% $5,316,134,126 3 .63% 8,048 .27 5.90% 9 Kent" 16.35% 110,605 12.06% $12,671,122,513 9.84% 21,781.73 12.75% 10 King County* 15.04% 101,701 10.66% $11,206,469,402 53.44% 118,333.97 26.38% 11 Maple Valley* 1.67% 11,299 1.77% . $1,863,263,500 1.37% 3,034.15 1.60% 12 Normandy Park 0.95% 6,435 1.23% $1,289,320,500 0.72% 1,593.21 0.97% 13 Renton* 4 .47% 30,221 4.09% $4,299,847,610 2.75% 6,096.59 3.77% 14 SeaTac 3.78% 25,530 2.78% $2,918,228,100 1.85% 4,092.51 2.80% 15 Seattle* 25.18% 170,297 42.49% . $44,654,964, 773 9.00% 19,919.60 25.55% 16 Tukwila 2.66% 18,000 3.90% $4,096,959,014 2.65% 5;867.21 3.07% 100.0% 676,277 100.0% $105, 104,116,749 100.0% 221,433.83 100.0% +Tacoma -- NOTES: Cost shares reflect 2009 annexations of North Highline to Burien and Kent NE to Kent. No annexations or incorporations have occ annexations. DATA SOURCES: • 2007 Puget Sound Regional Council population estimates .by census tract. • 2009 King County Assessor's data. Assessed value of parcels owned by Port of Seattle Aviation Division is excluded from the analysis. •Adjusted Acres excludes the Upper Green River subwatershed from King County's area and excludes Port of Seattle Aviation Division pro from Burien, Des Moines, and SeaTac shares. *Cost share amount is an averaging of the population, assessed value, and area percentage of each jurisdiction within WRIA ! (%population+% assessed value+% area divided by 3 =Cost Share) WRIA9-ILA-cost-shares2016.xlsx 87 This page left blank intentionally. 88 COUNCIL MEETING DATE: July 21, 2015 ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 1st Ave Sat S328th St Intersection Improvements Project Bid Award POLICY QUESTION: Should the Council award the 1st Ave S at S328th St Intersection Improvements Project to the lowest responsive, responsible bidder? COMMITTEE: Land Use and Transportation Committee CATEGORY: ~ Consent 0 City Council Business 0 Ordinance 0 Resolution MEETING DATE: July 6, 2015 0 Public Hearing 0 Other STAFF REPORT BY: Christine Mullen, P.E., eel Systems Project Engineer DEPT: Public Works Attachments: Land Use and Transportation Committee memorandum dated July 6, 2015. Options Considered: 1. Award the 1st Ave Sat S328th St Intersection Improvements Project to Miles Resources, LLC, the lowest responsive, responsible bidder, in the amount of $1,203,040.13 and approve a 10% contingency of $120,304.01, for a total of $1,323,344.14, and authorize the transfer of $555,000 from Traffic Impact Fee and unallocated CIP Fund to the 1st Ave Sat S328th St Intersection Improvements Project (Project #148) and authorize the Mayor to execute the contract. 2. Reject all bids for the 1st Ave Sat S328th St Intersection Improvements Project and direct staff to rebid the roject and return to Committee for further action. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the Ju 21, 2015 City Council Consent Agenda for appr CHIEF OF STAFF: COMMITTEE RECOMMENDATION: The Committee recommends forwarding Option 1 to the July 21, 2015 City Council consent agenda for approval. Bob Celski, Chair Kelly Maloney, Member Lydia Assefa-Oawson,Member PROPOSED COUNCIL MOTION: "I move to authorize staff to award the 1'1 Ave S at S328th St Intersection Improvements Project to Miles Resources, LLC, the lowest responsive, responsible bidder, in the amount of $1,203,040.13 and approve a 10% contingency of $120,304.01, for a total of $1,323,344.014, and authorize the transfer of $555,000 from Traffic Impact Fee and unallocated CIP Fund to the ]st Ave Sat S328th St Intersection Improvements Project (Project # l 48) and authorize the"lvlayor to execute the contract. ' (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNClL ACTlQ_N: 0 APPROVED D DENlED 0 TABLED/DEFERRED/NO ACTION 0 MOVED TO.SECOND READlNG (ordinances only) REVISED -08112/2010 89 COUNCIL BILL# l 5T reading Enactment reading ORDINANCE# RESOLUTION# DATE: July 6, 2015 CITY OF FEDERAL WAY MEMORANDUM TO: Land Use and Transportation Committee VIA: FROM: Jim Farrell, Mayor . \\ ---- Marwan Salloum, P.E., Public Works Director ~" Christine Mullen, P.E., Street Systems Project E nginee~ SUBJECT: 1st Ave Sat S328th St Intersection Improvements-Bid Award BACKGROUND: Five bids were received and opened on June 15, 2015 for the 1st Ave S at S328th St Intersection Improvements Project; please see attached Bid Tabulation Summary. The lowest responsive , responsible bidder is Miles Resources, LLC, with a total bid of $1,203,040.13. AVAILABLE FUNDING: The available budget for the 1st Ave Sat S328th St Intersection Improvements Project is $1,073,400 and is comprised of the following: Mitigation Fee Budgeted City Funds in 2013 Traffic Impact Fee (2015) Budgeted City Funds in 2015 Puget Sound Energy (Schedule B) TOT AL AVAILABLE BUDGET ESTIMATED EXPENDITURES: $33,000 $200,000 $500,000 $313,000 $27,400 $1,073,400 The following is a breakdown of the estimated total project construction costs based on the low bid: Design Construction Cost (Low bid) 10% Construction Contingency Construction Management (In house) TOT AL PROJECT COSTS Project shortfall $242,500 $1,203,040 $120,304 $65,000 $1,627,344 $554,944 The project budget has a funding shortfall of $554,944. Staff is requesting the Council to authorize the transfer of $555,000 from Traffic Impact Fee and unallocated CIP Fund to the 1st Ave S at S328th St Intersection Improvements Project (Project #148) and authorize the Mayor to execute the contract. 90 k :\lutc\2015\07-06-15 1st aves at s328th s intersection -bid award.doc Sched.A Sched f B. Sched B. Sales Tax Total Sched ule B ID ...... TOTAL Bid #1 Miles Resources, LLC $1 , 184,962 .50 $16 ,509 .25 ~1 ,568 .38 $18 ,077.63 $1 ,203 ,040.13 1 Bid#2 Tucci & Sons, Inc. $1 ,390 ,365 .00 $30,400 .00 ~2,888.00 $33,288 .00 $1,423,653 .00 2 Bid#3 Bid tt4 Bid#5 Active Construction , Northwest Cascade, Road Construction City of Federal Way Inc. Inc. Northwest, Inc. Engineers Estimate $1,456,628.60 $1,471 ,615.00 $1 ,566 ,578.00 $1 , 178,275.00 $19,165.00 $24,220.00 $25,390.00 $6 ,930.00 ~1,820.68 ~2,300.90 ~2,412.05 $658.35 $20,985.68 $26,520.90 $27,802 .05 $7 ,588.35 $1,477,6 14.28 $1,498, 135.90 $1 ,594 ,380 .05 $1 ,185,863.35 3 4 5 1ST AVENUE SOUTH AT SOUTH 328TH STREET INTERSECTION IMPROVEMENTS RFB NO . 15-007 BID OPENING DATE JUNE 15, 2015 Bldt1 Bid.112 Bldl3 Bld''4 BfdilS City of Federal Way V9f1dor Narn8 -> ---uc Toa:».t: Gt'lltl tnc. """"'~""-~l(80dl•H"C. ~ CcoRnlouor: ~.~..,,. .. ti. ltC lOQllJoi'I _____,. -...w .. !«Onl• WI\ P,-.W4 1'~1.WA R"'*"°' W/. Englnwen Estimate UNIT APX. UNIT PRICEI ITEM NO . ITEM QTY UNIT PRlCE TOTAL UNJTPRICE TOTAL TOTAL UNIT PRICE TOTAL UNIT PRICE TO TA L UNIT PRICE TOTAL SC!EOl.11,E.A • RONJWA.Y WORK A· 1 UNEXPECTEDiSlTE CHANGES EST 1 $10,000.00: $10,000.00 510.000.001 $10.000.00 s10.ooo.001 510.000.00 s10,ooo.001 510.000.00 $10.000.001 510,000.00 s.10.000.00; s 10.ooo.oo A·2 CONSTRUCTION SURVEYING LS 1 $16,400 .00; $16.400.00 $19,000.00• S19.000,00 s10.ooo.001 S10,000.oo $15,000.00 $15,000.00 $25,000.00; $25000.00 si2 .ooo.oo: s12.ooo.oo A· 3 AS-SUILT SURVEY AND RECORD DRAWINGS LS , $4,225.00; $4 .225.00 $2.5-00 .00 1 52 .500.00 $2.000 .00. $2 ,000 .00 $4 ,000.00 $4 ,000.00 53,500 .00! -SJ.500 .00 S5,000.00! ss.000.00 A·4 SPCCPLAN LS , S1.000 .00I $1.000.00 SS00.001 $500.00 $100,00' $10000 $100.00 $100.00 S2.000.001 S2.000.00 SS00.00! $500.00 A· 5 MOBIUZATION LS 1 m.500.oo: S<J3.500.00 S13l .OOO.OO I $131.000.00 $209,403,601 $209.40360 S1d7,000.00 SM7,000.00 S l27.000.00I S\27,000.00 s102 .ooooo: $102.000.00 A·6 OFF-DUTY UNIFORMED POLICE OFFICER EST l 5500.00: SS00.00 S.SOOJlO! $500.00 _$500.00! SS00,00 $500.00 1 -~0-00 $500.001 ssoo.oo S50000: SS00 .00 A· 7 TRAFFIC CONTROL SUPERVlSOR LS 1 $13,900.00' $13 900.00 S95 .000.001 S95.000.00 $6.000.001 $6 .000.00 $22.554.00: S22.SS4 .00 $20 000.001 $20,000.00 57 .500.001 S7 500.00 A·8 Fl.AGGERS A/110 SPOTTERS HR eoo S51 .001 $40.800.00 ssz.oo: $41 ,600.00 S66.00 1 $52.800.00 S58 .00' 5'<6AOOOO S59.001 SA 1 ... oo.oo $52,00i S<1 600.00 A-9 OTHER TRAFFIC CONTROL LABOR HR 80 S50.75i $4 ,060,00 S61 .00! S4 .880Jl0 $66.00! SS .280.00 S73.oo; $5,840.00 $59.00' $4 ,720.00 sso.oof S4.000.00 Pr 10 OTHER TEMPORARY TRAFFIC CONTROL LS 1 $6,050.00 1 S6.050.00 ss.000 .001 $5,000.00 SS.000.00! SS.000.00 $25.000.001 $25,000.00 S23,000.00i $23.000.00 S12.500.00: 512 .500.00 A· 11 CONSTRUCT!<ilN SIGNS CLASS A SF so S22.25 , $1 112.50 $30.001 $1 ,500.00 SJQ.001 $1 ,750 .00 $16.001 seoo.oo 530.00: $1 500.00 525 .00. $1 .250.00 A· 12 SEOUENTIAL AA.ROW SIGN HR 640 $2.901 Sl.856.00 53.00I $1,&20.00 S1 .25 1 S800 .00 SS .SO I $5 ,440.00 S9.00I SS.760.00 ss ,oo; S3.200.00 A· 13 PORTABLE OiANGEASLE MESSAGE SIGN HR 2400 SI 1.251 $27,000.00 S5.00i S12 .000.00 S2 .50; $6.000.00 58.501 $20.400 .00 S9.00I 521 500,00 S6Jl(jj $14,400.00 !>.I~ BU SINESS ACCESS SIGN EACH 2 S230.00t S460.00 ssoo.001 Sl .000.00 Sl.500.00. $3.000.00 S400.00, """'1.00 $1,000.00! $7,000.00 S2S0.00i ssoo.oo A· 15 CLEARING ANO GRUBBING LS 1 $13.000.001 Sl3,0Q0 .00 $2.500.00' $2.500.00 $18,000.00 1 S18.000.00 533.000.001 S33.000.00 S21.000.00! $21.000.00 57 .500 l)()i $7 ,500.00 A-16 ROADSlDE CLEANUP EST 1 '$5.000.001 SS .000.00 $5,000.001 $5,000.00 $5.000.001 $5,000.00 $5 ,000 .001 55.000.00 $5.000.00 S!i ,000.00 $2.000.00i S2,00Q.OO A· 17 REMOVAL OF STRUCTURES AND OBSTRUCTIONS LS \ 5605.001 S505 .00 S24 .ooo.oo: 524.000.00 ·525.000.001 S25000.00 S20 .000.00I 520.000.00 $25.000.00 : $25.00000 511 .000.00: $1 1,000.00 A-18 SAWCUmNG LF 2200 $1.55! SJ,410.00 S3.00: $6 ,600.00 SJ.SO: S7.7oo.oo S3.00; S6,600.00 S3.00: $6 .600.00 S3.00: $6.600.00 A· 19 REMOVE EXIS'TING CATCH BASIN EACH 3 $350.001 51 .050.00 $825.001 $2.475.00 $380.00: S'!, 140.00 $700.00, $2,100.00 $700.001 $2 ,100.00 5350.001 S l .050.00 A· 20 REMOVE EXISTING STORM SEWER PIPE LF 110 S10,40 i 51.144 .00 $21 .00i $2.310.00 $27.00I $2 .970.00 $18.001 $1 ,980.00 $18.00l $1 ,980.00 s 12.00 1 Sl.320.00 A· 21 GRAVEL ~ow INCL HAUL IN 80 $25 .60 1 $2 .048.00 $50.00! 54 ,000.00 542.001 $3.350.00 $30.59 ! $2.447 .20 S33.00t S2,640 .00 SJ0.00! $2.~00.00 A· 22 GRAVEL BORROW FOR TRENCH BACKF)U INCL HAUL TN 90 S43.651 SJ.928.50 $100.00: $9,000.00 $35.00! S3, 150.00 530.59: 52.753.10 $38.00. SJ.•20.00 $30.00 . S2.700 .00 "-23 ROAOWAY EXCAVATION INCL HAUL CY 2360 $42.801 $101.008.00 $47.00l $11 0.920.00 $37,001 $87.320.00 54 3.711 $103, 155.60 $43.00 $101 ,480.00 $25,QO: $59,000.00 A· 24 UNSUITA8LE FOUNDATION EXCAVATION INCL . HAUL CY 10 sea1s: S881 .50 s100.oo; Sl.000.00 $81 .00' 5810.00 S90.00l 5900 00 $60.001 seoooo $30.001 $300.00 A· 25 Sl~ORING OR EXTRA EXCAVATION CLASS B Sf' 700 S1 .15i S81)5 .00 S!.001 $700.00 S1 .00i $700.00 $1 .001 $700 .00 so.so . S350 .00 52 .00: Sl.400.00 A· 26 CRUSHED SURFACING BASE COURSE TON 850 S36.40: $30.940 .00 $46.00i 539,100.00 $'13.501 $36975.00 S35 .89; SJ0.506.SO S45.001 $38.250.00 $25,00! S21 .2S0.oo A·V' GRAVEL B/ICKFTLL FOR DRAINS CY 210 S74 .75: S15,697,50 $88.00: $18.480.00 $36.00 ' $7 .560.00 $62.16 1 $1 3,053.60 $31 ,00' S0.510.00 535.00' $7 ,350.00 A· 28 HMA CL 112 IN . PG 64-22 TON 340 S76.00I 525 .8<0.00 s139.ool S47 .260.00 S110.00i $37.400 .00 S95.00i $32.300.00 $160,00 1 $54.400.00 $95.001 $32,300.00 A-29 HMA CL. 1" PG 8H2 TON 1000 $87 .801 587 .800.00 $101 .00! S 101,QOO.OO $95,00! $95,000 .00 S95.00: 595,000.00 S122 .00 ! S122.00QOO SSS.OD: ses.000.00 A· 30 COMMERC!Al! HMA TON 80 S80 .10 ; S6,408.00 s 110.oo. $13.600.00 $125.001 Si0,000.00 s1os.oo. $8.400.00 $165.00: 514 .800.00 5130.00. 510 .400.00 A· 31 T"EMPORARY PAVEMENT TON so $119.75 . SS .987.50 S170.00l 58.500.00. $185.001 $9.250.00 5245.001 $12.250.00 $188 .00' $9,400.00 s100.oo : ss.000.00 A· 32 DRAIN PIPE 6 INCH OW.1 . LF 380 S31~1 $12,1 03.00 S57.00' $21660.00 S19.00' $7.220.00 $40.001 SIS.200.00 $70001 S2G .600.00 SJ0,00 S1 1.400.00. ~A· 33 DUCTILE IRON STORM SEWER PIPE 12 IN, OIAM . LF 8 5277.001 Sl.216.00 s200 .oo: S1 .600.00 $288.001 52,288.00 5225.001 $1,800.00 $785 .001 56 .280.00 S1 00.00! $800 .00 .>A· 34 CLASS IV RE!NF . CONC. STORM SEWER PIF'E. 12 IN . DIAM LF 110 $132.751 S14 ,502.50 $88.00i S9.680.00 $171 .00i SlS.81 0,00 5155.001 518.150 00 $100.001 :;;11 .000.00 $65.00 : S7 .1 50 .00 A. 35 CATCH BASIN TYPE 1 EACH 6 51 .650.001 $9 ,900.00 S!.280.00' S7 ,680.00 51,700,001 $10.200.00 Sl .800 .00: Sl0.800.00 S1 .300.00I $7 ,SQO ,OO s1.200.oo: $7 ,200,00 A· 36 CATCH BASIN TYPE 2 48 IN . DIAM . EACH 2 $3.345.00! $6,690.00 S3,IOO.OO! S6.200.00 S<l,000.001 $6.000.00 54.200.001 SS.400.00 SS.300.00i Sl 0.600.00 S3.ooo.oo; 56.000.00 A· 37 ADJUST CATCH BASIN EACH 7 S6n.501 S4 .742.50 $400 .00: $2.80000 S500.001 $3.500.00 $475.00, $3,325.00 $675,001 S4 .72S .OI $1 ,200.001 $8,400.00 "-38 CONNNECTioN TO EXISTING DRAINAGE STRUCTURE EACH 8 S4•7.00i $3576.00 Sl .500.001 512.000.00 Sl.800.00, S14.400.00 Sl.000.00. $8 ,000.00 $820,00! S6.560.00 $750.001 se.000.00 A· 39 STORM WATER TREATMENT SYSTEM 4 X 4 (Fil TERRA UNITI EACH 2 517.162.00' $34.324.00 $2 1.000.00' $42.000.00 $16.500.00' S33.000.00 $21 ,000.001 S42 .000.00 $22.000.001 s.:A .000.00 s1•.ooo.oo· 528,000.00 A· 40 EROSION CONTROL ANO WATER POLLUTION PREVENTION LS 1 $1 .500 .00· SI 500.00 SS00.001 $500.00 515,000.001 515.000.00 $34.500.00I 534.500.00 S7 .500.001 57 .500.00 525.000.00i S25.000.00 A-41 TOPSOIL TYPE A CY 1 10 $51.liOI $5665.00 $40.00. $4,400.00 $45.001 $4,950.00 540.001 S4 .'IOO.OO $49.001 SS.390.00 SS0.00, $5 500.00 A· 42 BARK MULCH CY 21 SS0 .50i $1.270.50 $45.001 SS45 .00 SS0 .00 1 $1.050.00 $45.001 $945.00 SS<.001 Sl,134.00 S70.00; 51.•70.00 A· 43 PSIPE. HELICTOTRICHON SEMPERVIRENS I BLUE OUT GRASS ; 1 GAL CONT. EACH 40 $27 .001 $1 ,080.00 $15.00' $600.00 $16.001 $640.00 515.00! S600 .00 S17.00I S680 .00 S10 .00i $400 .00 A· 44 PSIPE, MAHONIA REl'ENS I CREEPING MAHONIA; 1 GAL. CONT . EACH 40 S22.50i 5900.00 $15.00i ssoo.oo $16.00 I .$640,00 S15.00' $600,00 S17.00I ssao.oo S10.()()I S40000 A-45 PSIPE. SESLERIA AUTUMNALIS I AUTUMN MOOR GRASS; 1 GAL CONT. EACH 61 SV.001 $1,647.00 $15.001 $915.00 $16.00. $976.00 $15.00 $915.00 $17.00: $1 ,037,00 Sl0.001 S610.00 A· 46 PSIPE. SPIREA X VANHOllITEI I BRIDAL WREATH SPIREA; 2 GAL CONT. EACH 3 S75 .00! S225.00 S30.001 $90,00 $37001 s111 .oo S30.00 1 S90.00 S27.00 $81 .00 S18 .00, $54 ,00 A·47 PSIPE. CORNUS STOlONIFERA 'FARROW' I ARCTIC FIRE RED-TWIG EACH 18 S79.00l $1,422.00 520.001 $3110 .00 $18.00' $324 .00 $20.00 $300 .00 S2 0.00 $360.00 $35 .001 5630.00 A· -48 PSIPE, SYRINGA RETIClULATA I JAP.ANESEULAC TREE; Z" CAL . 10'·12' HT . EACH 2 S61s.oo : Sl ,230.00 5<1SO.OOI S900.00 SSOO .OOi Sl.000.00 $450.00: $900 .00 $520.00 Sl.040.00 S22s.oo: $450.00 A· 49 SOD INSTALLATION SY 762 $9.251 $7,048.SO -$10.00. $7 .620.00 $7.50: $5,715.00 Sl0.00 1 $7,610.00 $6 .00 56.096.00 SS.501 S4.191 .00 A· 50 MODIFICATIONS TO EXISTING IRRIGATION SYSTEM LS 1 ss.oso.oo· $6,050-00 $10.000.00' S!0,000.()() $1 0.000 001 s10.ooo.oo s10.ooo.oo: $10.000.()() $10,000.00 $10.000.00 S4.ooooo ; S<.000 00 A-51 EXTRUDED CURa. TYPE 6 Lf 370 S1 2.00l $4.440.00 sn.oo : $4.070.00 $9 .001 Sl.330.00 s11 .oo: $4 ,070.00 s10.oo: $3,700.00 s10.oo: $3,700,00 A· 52 CEMENT CONC. TRAFFIC CURB ANO GUTTER LF 1640 $14.50• $23,780.00 523.00: 537,720.00 $26.00: S42,&40.00 s:ro.oo: $32,800.00 $21 .00: $34A40 .00 $18.001 S29.5ill.OO A· 53 CEMENT cbNC. DRIVEWAY ENTRANCE 3-DAY SY 190 537.00. $7,030.00 $75.001 S14 .250.00 $87.00' $16.530.00 $76.00. $1 4 .•~0.00 567.00: $12,730 .00 SS0 .001 59.500.00 "-5d RAISED PAVEMENT MARKERS, TYPE 2 HUN 3 $330.00• $990.00 SJll0.001 $900.00 SJS0.00 1 $1.050.00 $300.001 S900 .QC S425.001 $1,275.00 S350.00i 51 ,050.00 A· 55 PER\llOUS CEMENT CONCRETE-SIDEWALK SY 1200 S36 .00I $43,200.00 S46.00l S55-"UU .00 $68.001 $81 ,600.00 $60.00' $72,000.00 S60.00i $72 000.00 sas.oo; 578.000.00 A· 56 CEMENTCOl'iC. SIDEWALK SY 10 $48.75! $487 .50 $100.001 si .000.00 $94 .001 $940.00 $90.001 S900 .00 56.2.00• $620.00 $60.00· $600.00 A· 57 CEMENT CONC. ClJRB RAMP TYl'E PERPENOICULAR A EACH 4 5855.001 53.420.00 S2.7oo.oo: $10.800.00 s1 .roo.oo· $6,800.00 s1.eoo.oo : $7 ,200.00 Si ,500.00: $6000.00 $1 .500.001 S6 000 .00 A· 58 MOOJFIED SINGLE DIRECTION ClJRS RAMP EACH 2 Sl.625.00· $3.250.00 S2.200.00' S4 400.00 SJ.coo.co. 56000.00 52 .600.00! ss.200.00 SJ.000.001 56.000.00 s2.ooo.oo· S4 ,000 00 A· 59 TRAFFIC SIGNAi. SYSTEM AT 1ST AVES ANOS 328TH ST. COMPLETE LS 1 $260, 150.00' S260.150.00 s22e.ooo.oo: $226000.00 $250,000 .001 S250.000 .00 $267.500.001 $267.500.00 5300.000.00i SJ00,000.00 S~7.000 ooi 5297 000.00 A· 60 ILLUMINA TloN SYSTEM, COMPLETE LS 1 S91.300.0CU $9 1.300.00 $84 .000 .00. S64 .000.oo $95,000.001 S95.000.00 579 .000.00: $79.000.00 S105.000.00\ 5105.000.00 $48,000.00! $48.000,00 A· 6 1 INT ERCONNECT SYSTEM . COMPLETE LS t S30,800.00I $30,800~ S31 000.001 $3 1:000.00 525. 000.00 I $25,000.00 S35 .000.00! SJS.000.00 $38.000.00 . $38.000 .00 $34 .000.(JO• S34 ,000.00 ·-... 1S'i"AvENUE SOUTH Ali SOUTH 328TH STREET INTERSECTION IMPROVEME ITT"S ITE\I NO. I ID w A-62 J\.-63 A· 64 A-65 A· B6 A· ff7 A· 68 A· 69 fl, 70 A-71 A-72 B· 1 B-2 B-3 B-4 B-S I RFB NO. 15-007 BID OPENING DATE JUNE 1 5, 2015 VendOI,..,..._. ~--> ITEM PERMANENT SIGNING PAINTUNE PLASTIC STOP. LINE TYPE A PLASTIC LINEiTYPE D PLASTIC WID LINE TYPE D PLASTIC TRAFFIC ARROW 'TYPE A Pl.ASTlC CROSSWALK LINE TYPE A REMOVIN G PAVEM ENT MARl(JNGS MODULAR BLOCK WALL RESOLUTION "O F UTILl'TY CO NFLICTS POTHOLING TOTAL ~~A (bid Items Jnclude.sares t<t><I --••"'" 8 -SW l12TlfSTREEJ SAW CU TTlNG REMOVE EXISTING CONOOIT ROMiNAY EXCAVATION IN CL. HAUL GRAva BORROW FOR TRENCH BA Cl<FILL INCL HAUL TadPORARY PAVEMENT SUBTOTAL SCHEDULE B ~TAXATO .S% 'TOt,\1.1. SCH~OL£ 9 -- 1urAt.SCHB>ULEA • 8 • Conu;accor Tota! YRiT LS LF LF LF LF EACH S F LS SF EST EST lF LF CY TN TN I IJ'tcf'1 Qldln .._.._..,.._ '"' tgr'll.,~~ 1'f -... ~ ,~_,,.,,, APX- QN UN IT PRICE TOTA.I.. U!'llTl!RICE TOTAL 1 $5.700.00l S5.700.00 S1 .000.00l 51,000.00 200 S2.75l 5550.00 S2.50i ssoo.oo 120 SS.SO: $1,056.00 ss.001 $960.00 4600 $2.00: 59,200.00 Sl .851 58.510.00 460 S330i S l.518.00 S3.oo: 51.380.00 a $137.50' Sl,100.00 s12s.001 51 .000.00 720 55JJ01 $3,600.00 S4.S0 1 $3.240.00 1 s2.aoo.oo . 52.800.00 52,600.001 S2,600.00 1670 S19.75 ! $32 982.50 $32.00! S53.440.00 1 $10.00000! $10.000.00 S10,000.00I 510,000.00 1 SS.000.00: ss.000.00 $5.000.00l 55.000.00 S1 , 18'.962.50 S1 ,3SO.Jt;S.00 30 Sl .55: $46.50 $2500! $750.00 580 $14.25! 58,265.00 SJ0.00! $17,40000 40 $42.801 $1,712.00 5100.001 $4,000,00 80 S43.651 53.49200 SS0.00! $4,000.00 25 $119.751 52.993.75 5170.00! $4.250.00 $'16.509:25 $30",400'00 $1 ,568,38 $2,8ll8 00 $i8,07l .63 w.288.00 SJ.203.0GJ.'t; S1 ,423.S53.CMI ~ -$-1 ,203,040.13 51,423,~3.00 Page 2 of 2 llidil3 Bid ... Bld#S City of Fedotr.ol W11Y .......... .,-........i ,11•W'll •• lt •~•i...nl c-v~ ""' P~A:t ~l"'.-;~.>.'-.211~ lllC. . ~···.•.If' "" Ji ft!J',4totJ...Wlt ~ ....... ~E!ttml"'9 U NIT PRICE I TOTAL UN rT PRICE TOTAL U NJT PRI~ T&TAL UNIT P RICE TOTAL $6.000.001 $6.00000 S5,SOO .OO' ss.soo.oo SI0.000.001 $10.000.00 S l.000.00l 51 ,000.00 S228i S456.00 S3.00I $00.00 sz.so: 550000 so .so: 5100.00 $7.001 $840.00 58.00! $960.00 S7.00! $840.00 $12.001 $1.440 00 52.001 $9,200-00 S2.CJO! S9.200.00 52.SOl $11.500.00 S2.00I S!!.200 .00 $4.501 52.070.00 SJ .OD: $1.380,00 55,001 52.300.00 $4.001 Sl,1140.00 S125.00l 5 1.000.00 S130.00· $1.04-0.00 S135.00I $1,080.00 $10000l $800.00 $4.00: $2.880.00 ss.001 SJ.600.00 $4.501 53,240.00 55.001 $3,600 00 ss.000.00· $5.000.00 $2.600.001 52.600.00 58,000.001 sa.000:00 $3.000.001 $3.000.00 sso.oo: 583,500.00 $42.001 570.14000 $44.00' $73.480.00 S25.00' 541.750.00 $10.000.00! $10,000.00 510,000.001 510.000.00 s10.ooo.001 $10.000.00 $10.000.00: $10,000.00 SS .000.001 55.000.00 SS.000.001 S5.000.00 ss.000.001 $5.000.00 $5,000.001 55.000.00 $1.456.628.60 $1,471,615.00 $1 ,S&&.S78.00 $1, 178.275.00 $14.001 $420.00 $3.00i $90.00 S2.501 S75.00 S3.00. S00.00 S16,00I 59.280.00 S18.SO ' $10.730.00 $23.001 $13.340.00 $3.00! 51.740.00 $55.00i S2.200.00 :i60.00' S2 .400 00 $100.001 S4,000.00 $25001 Sl.000.00 $3;).00 1 $2,640.00 $75.00! S6.000 00 S45.00: SJ.600.00 520.001 $1 .600.00 $185.00! $4 ,625.00 $200,001 SS.000 00 $175.00! $4,375.00 s100.oo. S2 .500.00 $1 9,1 65,00 S2A.220.00 $25.390.00 $6.930.00 $1 ;820.68 s.2.<!00.90 $2,412-0S $658.35 $20,985.6! $2652090 $27.61>2.QS J?.SSS.31 Sf.ffl.&14.~ S1,498. 1l5:!IO $Ui94.380.D5 $1_ 1.sJ863.Jl 51 ,47"1 .&1•-27 S1.4!18J1 3 5.ll0 S1 1S5K.JRCJ ,OS This page left blank intentionally. 94 COUNCIL MEETING DATE: July 21, 2015 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM#: SUBJECT: s 288TH STREET (Military Road to City Limit) PRESERVATION PROJECT BID AWARD -----· POLICY QUESTION: Should the Council award the S 288 111 Street (Military Road to City Limit) Preservation Project to the lowest responsive, responsible bidder? COMMITTEE: Land Use and Transportation Committee MEETING DATE: July 6, 2015 CATEGORY: ~ Consent 0 Ordinance 0 Public Hearing 0 City Council Business 0 Resolution 0 Other ST~F R~PORT BY: JEFF £Iuy~~? s~~e~t Sy~!~!11~ E~gineer # -. ~~PT: Public Works Attachments: Land Use and Transportation Committee memorandum dated July 6, 2015 . Options Considered: 1. · Award the S 288th Street (Military Road to City Limit) Preservation Project to Tucci and Sons, Inc., the lowest responsive, responsible bidder, in the amount of $421,323. l 0 and approve a 10% contingency of 42,000.00, for a total of $463,323 .1, and authorize the Mayor to execute the contract. 2. Reject all bids for the S 288'h Street (Military Road to City Limit) Preservation Project and direct ~taff to rebid the project and r~U!:!J. ~ Committee for_furth~.r action. _ _ _ MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option l to the Jul 21, 2015 City Council Consent Agenda for approv l. MAYOR APPROVAL: co:m,,?.,.,/ I) Qf![ T~.s DlRECTORAPPROVAL· CHIEFOFSTAFF: ,J~ 4t::~ COMMITTEE RECOMMENDATION: The Committee recommends forwarding Option l to the July 21, 2015 City Council consent agenda for approval. Bob Cel ki , Chair Kelly Maloney, Member Lydia Assefa-Dawson,Member PROPOSED COUNCIL MOTION: "I move to authorize staff to award the S 28 8'"" Street (Military Road to City Limit) Preservation Project to Tucci and Sons, lnc., the lowest responsive. responsible bidder, in the amount of $421.323.10 and approve a 10% contingency of 42,000.00, for a total of $463.323 .1, and authorize the Mayor to execute the contract. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED 0 DENIED 0 TABLED/DEFERRED/NO ACTION 0 MOVED TO SECOND READING lordi11un ce > un/.v) REV lSED ~ 08/12:20 I U 95 COUNCIL BILL# 15T reading Enactment reading ORDINANCE# RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: July 6, 2015 TO: Land Use and Transportation Committee VIA: Jim Ferrell, Mayor FROM: Marwan Salloum, Public Works Directo~ Jeff Huynh, Street Systems Engineer '4" SUBJECT: S 288th Street (Military Road to City Limit) Preservation Project -Bid Award BACKGROUND Four bids were received and opened on June 30, 2015 for the S 288th Street (Military Road to City Limit) Preservation Project; please see attached Bid Tabulation Summary. The lowest responsive, responsible bidder is Tucci and Sons, Inc., with a total bid of $421,323.10. PROJECT ESTIMATED EXPENDITURES: Design (In house Design) $100,000 Right-Of-Way Acquisition N/A Low Bid $421,323 10% Construction Contingency $42,000 Project Management (In house) $53,000 TOTAL PROJECT COSTS $616,323 PROJECT AVAILABLE FUNDING: PSRC Grant Funding $500,000 City Funding $137,000 TOTAL AVAILABLE BUDGET $637,000 PROJECT FUNDING BALANCES $ 20.677 96 'II \0 ...... lternNo. 1 2 3 ~ 5 8 1 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 21 28 "29 30 31 32 33 34 35 36 37 38 JS' 40 41 42 43 ~4 Spec5. Sect. 1-07 1-09 1-10 1-10 1-1 0 1-10 1-10 HO 1-10 1-10 2·01 2-02 2·0Z 2·02 2·02 2·02 2·03 4-04 5-04 rHJ• S-O• 7·05 7--05 8-01 8-01 8-02 8-04 8-07 8-07 8--09 8-09 8-13 8-14 &-14 6 ·14 8-14 8-20 8·21 8-22 8-22 8-22 8-22 8·22 8-23 S 288TH ST PRESERVATlON PROJECT RFB No 15-002 B ID OPENING DATE J UNE 30, 20 15 V e ndor N a me----=> Locauon -> It em Desc rt otio n SPCCPLAN MOBILIZATION OFF-DlJlY UNIFORMED POLICE OFFICER TRAFFIC CONTROL SUPERVISOR OTHER TEMPORARY TRAFFIC CONTROL FLAGGERS AND SPOTTERS OTJ-JER TRAFFIC CONTROL LABOR CONSTRUCTION SIGN CLASS A SEOUEJllTIAL ARROW SIGN PORTABLE CHANGEABLE MESSAGE SIGN ROADSIDE CLEANUP REMOVAL OF STRUCTURE AND OBSTRUCTION REMOVAL OF CEMENT CONC CURB AND SAWCUTTING REMOVAL OF CEMENT CONC SIDEWALK REMOVAL OF TRAFFIC CURB ROADWAY EXCAVATION INCL HAUL CRUSHED SURFACING TOP-COURSE PLANING BITUMINOUS PAVEMENT HMACL 112 IN PG 64·22 HMA CL \/2 IN PG 64 ·22 FOR PAVEMENT REPAIR HEAVY DU1Y ROUND SOLID LOCKING COVER ADJUST CATCH BASIN EROSIONIWATER POLLUTION CONTROL INLET PROTECTION INSERT SOD LAWN, INCL 4 I N TOPSOIL CEMENT CONC. CURB ANO GIJTTER PRECAST DUAL FACED SLOPED MOUNTABLE PRECAST SLOPED MOUNTABLE CURB RAISED PAVEMENT MARKER. TYPE 2 HYDRANT MARKER. TYPE 2B ADJUST MONUMENT CASE llND COVER CEMENT CON<: SIDEWALK CEMENT CONC CURB RAMP TYPE 1 PARALLEL CEMENT CONC, CURB RAMP TYPE 2 PARALLEL CEMENT CONC SINGLE DIRECTION CURB RAMP- DETECTOR LOOP PERMANENT S IGNING PROFILED PLASTIC LINE PROFILED PlASTIC WIDE LINE PLASTIC CROSSWALK LINE PLASTIC STOP LINE Pl ASTICTRAFFICARROW TEMPORARY PAVEMENT MARKING TO TA L Adoenclums-are aQU10Wledged Bid Signature Page Bid Bond Combined Affidavit Contractors Compliance S tatement Disad va ntaged Business Ent Utillztion Certifica tion Local Ag.enct DBE W ritten Cof'lfitm Documentat1on Amou nt Unit I LS 1 lS 1 FA 250 HR 1 LS 600 HR 50 HR 64 SF 500 HR 30 DAY I FA 1 LS 23 LF 3770 LF 57 SY 197 LF 145 CY 100 TON 6616 SY 1720 TON 300 TON 1 EA 4 EA 1 FA 23 EA 20 SY 23 LF 1n lF 10 LF 2.4 HUND 3 EA 4 EA :,7 SY 5 EA 4 EA 4 EA 11 EA 1 LS 8470 LF 138 LF 2-40 SF 35 Lr 2 EA 3510 LF l B i d 1 Bl d 2 Bid 3 Bid4 Tucci and Sons , Inc. Lakeside Industries, Inc ICON Materials Miles Resources , LLC Engi neers Estimate Tacom a, WA Covinaton, WA Pacific, W A Puvallu o, WA Price Total Price Total Price Total P rice To tal Price Total $250.00 $250.00 SI 000.00 51,000.00 $1 500 .00 s1 .soo oo $60000 S600 00 $7..000 00 s2.ooo.oo 542 .500.00 S42 .500 00 575.000.00 575.000.00 S67 500.00 $67,500 00 560950.00 sao 9so.oa 547 ,6 13.6'! $47 813 64 S4 ,00Q 00 S4,00Q _QO $4.000.00 S4 .000 00 $4 .000.00 $4 .000.00 54.000.00 $4 .000 00 $4.000 00 S4 00000 $71-00 $17 ,750 .00 seo.oo S15,000.00 S58 .00 $14 .500.00 573.00 518-250 .00 56200 515,500 00 $10,000.00 s10.ooo.oo S30.000.00 530 ,000.00 55.750 .00 $5,715Q 00 $4.100.00 $4 .100.00 520.000.00 520.000 00 556.00 $33 .60000 S51 .00 $30.600,00 $35 .00 S33.00000 $54-25 Sll.55000 $48,00 S28.80000 $72 .00 53.600.00 S5 1.00 $2 ,550.00 $58.00 S2.900 .00 SSMO S2.900 ,00 S•BOO 52.40000 S25.00 51 .600.00 S25.00 S1 ,600.00 $26.50 Sl .696.00 54000 52 ,560 .00 $19,83 $1 ,269 12 S9.00 $4.500.00 Sl.00 $1 ,500.00 $6.90 S3.450 00 S3.00 Sl .500.00 $365 St ,825.00 St60.00 S4.500.00 $100.00 $3.000 00 S265.10 S7 .9S3 .00 S87.00 S2 ,610.00 sasoo S2 .550.00 SS .000.00 $5,000.00 SS .000.00 ss.000.00 SS.000.00 SS .COO 00 ss.000.00 SS,000.00 S5 ,00000 SS.OQ0 .00 $13,000.00 S13.00000 S4,000.00 54.000.00 $550.00 $550.00 $4 ,700.00 $4 .700.00 SJ.000.00 S3,000.00 $50.00 $1 ,150.00 525.00 $575.00 521 .50 S494 .SO S28 .00 S644.00 $45.00 $1 .035.00 S0 .01 S37 .70 S0.01 $37.70 S1 .10 $4, 147 00 S3.00 $11310.00 S0 .10 $377.00 $20.00 S1 ,1•0.00 sso .oo S2.850.00 578.00 $4.446.00 S130 00 57.410.00 S46.00 52.62200 $5.00 51 , 182.00 510.00 $1 ,970.00 S6 .00 51 182.00 $10.00 $1 ,970.00 55.20 S1 .024 40 $114 ,0Q $16.530 .00 S6000 $8,700.00 S164 .00 $23,700.00 $185.00 $26.825.00 556.00 sa.120.00 $1700 $1 ,700.00 $30.00 $3,000.00 $57 .00 55,700.00 52100 s2.100.oo SJ0 .00 $3.000.00 $2.!Kl $19.166.40 ·sJ .oo 519.848.00 53-25 S~l 502-!lO $-1 .08 526 .993.28 s.1 .00 526.464 00 569-50 s 119,040.00 $73.00 $125.560.00 571 .50 5122.980.00 $74.00 5127 .280.00 S78.00 S134 , 160 00 $115.00 $34,500.00 S90.00 527 .000.00 $132.00 -$39,600.00 5130.00 539.000.00 S116.00 S-34 .800 00 $800 00 S800 .00 $250.00 $250.00 $960.00 S960.00 5495 .00 $495.00 $1 ,000.00 51 .00000 $800.00 53,200.00 5500.00 52.000.00 S525.00 S2.100.00 S495.00 St ,980.00 5500.00 S2.000.00 $3,000 .00 S3 .000.00 SJ,000.00 53,000.00 S3 .000.00 S3,000.00 SJ.000.00 53 ,000.00 -S J,000 00 S3.00D .OO S85.00 S1.955.00 $75.00 51 .725.00 546.50 51 ,069.50 $8500 51 ,955.00 $100,00 52.300.0Q SS0.00 $1,000.00 $125.00 $2.500.00 5134 .00 52,680.00 $45.00 $900.00 565.00 Sl .300.00 S82.00 51.886.00 $'34.00 57.82 .00 S43.00 5989.00 S40Q0 S92Q .OO $68.00 Sl.564 .00 S2700 54.779.00 S27 .00 $4 ,179 .00 S29.00 S5.133.00 527.00 S4.n9 .oo S27.00 S4 ,779 00 550 .00 S500.00 $0000 5500.00 S53.00 $530.00 S50 .00 $50(),00 527.00 5270 .00 -5'150 00 $1 .080.00 S4SO 00 $1.080.00 5478.50 SJ,148AO $450.00 51.080.00 $400.00 $960.00 S15.00 S45.00 S15 .00 545.00 $16.00 S48 .00 S1 500 S45.00 S20 .00 560.00 5350.00 Sl,400.00 $300.00 Sl ,200.00 S313.00 Sl.252 .00 S350.00 St ,400,00 $400.00 51.600.00 sao .oo S4.SSO .OO S.52 .00 52.964 .00 $73.00 $4 ,161 .00 570.00 S3.990 .00 $68.00 SJ,876,00 52 .3 10.00 $1 1.550.00 St .200.00 SB.000.00 52.331.00 511 .655.00 S80MO $4 .000.00 SJ.575 00 517.875.00 S3.050.00 512.200.00 s-:z.000 .00 SB .000.oo 52.810 00 511,240.00 $1 ,200.00 "$4.800 .01) 53.875.00 S15,50000 $3.700.00 514 .800.00 $2.50000 5 10,000.00 $3,420 00 513 ,680 00 $1 .600.00 S7.200.00 $3,573 .00 S14 .300.00 5700.00 57.700.00 S700.00 57 .700.00 5745 00 $8,1 95.00 570000 S7 .70000 S700 00 57.700.00 SI 600.00 s1 .soo.oo S5,000.00 SS,000 .00 51.200.00 $1 200.00 $3.000.00 53.000.00 $1,400.00 SlA00.00 SI 30 s11 .0 11.oo S1-30 S11 ,011 .oo $1 .dO S11 .858.00 S1 .30 s11 .a11 00 S2.1JO $16,SdO .OO $5.00 $690.00 ss .oo S690.00 SS.30 $731 ,40 ssoo $690,00 $5.50 5759.00 $6.00 51.4.W.OO S6 ,00 51 ,·140 .00 SG.40 51 .536.00 56 .00 S1 .440.00 ssoo Sl.200.00 ~t>.00 :><!10.0C :.G .00 :i.~1000 S6-40 5224 .uu 56.00 S210.00 SS .SO 5192 50 ~100.00 :.300.UIJ :.150.00 'l>300.QO :.159.00 ,.,,,,a .oo 5150.00 5300.00 J>0:>,00 5170.00 S0 .10 $351 .00 so 10 $351-00 S0 .10 $351 .oo S0 .10 $351 .00 So.$0 51 .755.00 5421.3.23.10 $434,3 17.70 S45S,689.80 $464 ,998.28 $446,2.60.66 I YES YES YES YES YES YES YES YES YES YES YE S YES YES YES YES YE S YES YES YES YES YES YES YE S YES YES YES YES YE S Pag e 1 of 1 This page left blank intentionally. 98 COUNCIL MEETING DATE: July 21, 2015 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM#: ----- SUBJECT: S 324TH STREET (Pacific Highway South to S 322nd Street) PRESERVATION PROJECT BID AWARD POLICY QUESTION: Should the Council award the S 324th Street (Pacific Highway South to S 322nd Street) Preservation Project to the lowest responsive, responsible bidder? COMMITTEE: Land Use and Transportation Committee CATEGORY: ~ Consent 0 City Council Business 0 Ordinance 0 Resolution STAFF REPORT BY: JEFF H ~'!:.NH, Street yste!!I_~ E~~eer · __ MEETING DATE: July 6, 2015 0 Public Hearing 0 Other DEPT: Public Works Attachments: Land Use and Transportation Committee memorandum dated July 6, 2015 . Options Considered: . 1. Award the S 3241 " Street (Pacific Highway South to S 322nd Street) Preservation Project to Tucci and Sons, Inc., the lowest responsive, responsible bidder, in the amount of $649,845.54 and approve a 10% contingency of 65,000.00, for a total of $714,845 .54, and authorize the Mayor to execute the contract. 2. Reject all bids for the S 3z4th Street (Pacific Highway South to S 322nd Street) Preservation Project , an~ dir~t~taff to reb~ the _Ioject and ret~m t9 Committ~ for further acti~n. ______ _ MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the July 1, 2015 City Council Consent Agenda for approv· . MAYOR APPROVAL: CHIEF OF STAFF: COMMITTEE RECOMMENDATION: The Committee recommends forwarding Option 1 to the July 21, 2015 City Council consent agenda for approval. Bob Celski Chair Kelly Mal ney, Member Lydia Assefa-Daw on Member PROPOSED COUNCIL MOTION: "!move to authorize staff to Award the S 32 411 ' Street (Pacific Highway South to S 322"" Street) Pr es ervation Project to Tucci and Sons, Inc., the lowest responsive, responsible bidder, in the amount of $649,845 .54 and approve a 10% contingency of 65,000.00.for a total of $714,845 .54, and authorize the Mayor to execute the contract. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED 0 DENIED 0 TABLED/DEFERRED/NO ACTION 0 MOVED TO SECOND READING lorc/inunces onlvJ REV ISED ~ 08; 12 .2010 99 COUNCIL BILL# 151 reading Enactment reading ORDINANCE# RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: July 6, 2015 TO: Land Use and Transportation Committee VIA: Jim Ferrell, Mayor FROM: Marwan Salloum/ Public Works Director Jeff Huynh, Street Systems Engineer • SUBJECT: S 324th Street (Pacific Highway South to S 322nd Street) Preservation Project -Bid Award BACKGROUND Three bids were received and opened on June 30, 2015 for the S 324th Street (Pacific Highway South to S 322nd Street) Preservation Project; please see attached Bid Tabulation Summary. The lowest responsive, responsible bidder is Tucci and Sons, Inc., with a total bid of $649,845.54. PROJECT ESTIMATED EXPENDITURES: Design (In house Design) $100,000 Right-Of-Way Acquisition N/A Low Bid $649,845 10% Construction Contingency $65,000 ,___ - Project Management (In house) $55,000 TOTAL PROJECT COSTS $869,845 PROJECT AVAILABLE FUNDING: PSRC Grant Funding $600,000 City Funding $271,000 TOTAL AVAILABLE BUDGET $871,000 PROJECT FUNDING BALANCES $ 1.155.00 100 ....... 0 ....... !!om~ I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 ·35 36 37 38 39 40 41 .:2 43 # 45 46 41 •e 49 50 51 52 s~s..ct. :-o; 1-09 1-10 1-1 0 1-10 1-10 HO 1-10 HD HO 2.01 2-02 2·02 2.02 2-02 2.02 2·-02 7--02 2.03 •-O• 541 5-04 S.O<I 5-ll• T-ll5 7.(15 7-05 S.01 8·01 8·02 8·0• 8.0• S-07 6-07 8-09 8-09 3-13 8-14 8-1• S.14 8-14 8-.."0 11-20 8-20 11-21 11-22 8-22 11-22 8-22 8·22 3-ZL f!.22 S 324TH ST "RESERVATION PROJECT RFB No. 1$-003 BID OPEJ<ING DATE J UNE 30. 2015 Vendor Name ---> LO(:I UO<I--> Ham Ou~riotlon SPCCPLMI MOBILIZATION OFF-DUTY UNIFORMED POLICE OFFICER TRAFFIC CONTROL SUPERVISOR OTl:iER TEMPORARY TRAFFIC CONTROL Fl.AGGERS AND SPOnERS OTHER TRAFFIC CONTROL LABOR COlllSTFIUCTIOtj SIGN CLASS A SEOUEITTIAL ARROW SIGN PORTABLE CHAJoGEAStE MESSAGE SIGN ROADSIDE (4.E/\NUP REMOVAL OF STRUCTURE ANO OBSTRUCTION REMOVAL OF CEMENT CONC. CURB ANO GUTTER SAWCUmNG REMOVAL OF ASPHALT CONC. ISLAND REMOVAL OF CEMENT COl'IC SIDEWALi( REMOVAL OF CEME!'lT CONC TYPE A CURB REMOVAL OF TYPE C TRAFFIC CURB ROADWAY EXCAVATION INCL. HAUL CRUSHED SURFACING TOP COURSE PLANING BITUMINOUS PAVEMENT tlMA CL 112 IN PG &•·22 HMA CL 1/2 IN PG 64·22 FOR PREl.EVCUNG HMA CL 11:1 IN PG 64-22 FOR PAVEMENT REPAl R ADJUST MANHOLE HEAVY OUTY ROUND SOLID LOCKING COVER AND FRAME l\OJUST CATCH BASIN EROSION/WATER POLLU110N CONTROL INLET PROTECTION INSERT SOD LAWN. INCL 4 IN TOPSOIL CEMENT CONC CURB AND GUnER CEMENT CONC. EXTRUDED CURB TYPE 6 PRECAST DUAL FACED SLOPED MO\JNTABLE CURB PRECAST SLOPED MOUNTABLE CURB RAISED PAVEMENT MARKER. T't'PE 2 tlYORANl MARi<ER. TYPE 28 ADJUST MONUMENT CASE ANO COVER CEMENT CONC SIDEWALK CEMEITT CONC. CJJRS RAMP TYPE 2 PARALLEL CEMENT CONC. CURS RAMP TYPE 1 PERPENDICULAR CEMENT CONC. SINGl£ DIRECTION CURB RAMP RECTANGULAR RAPID Fl.ASHING BEACON INSTALLATION !!ECTANGULAR RAPID FLASHING BEACON FOUNDATION DETECTOR LOOP R9-3A SIGN ANO POST PROFILED PLASTIC L INE PROF1LED PLASTIC WIDE LINE Pl.AS1'1C CROSSWALK tlNE PLASTIC STOP LINE PLl\STIC TRAf PIC ·AAl'!OW PLAST C BICYCLE LANE S YMllot. PLASTIC YIELD AHEAD SYMBOL TOTAL Aodeoct:urri l are o~~ Bid Signature Page Br d Bon d Subcontractor l1sl Combin ed Affidavit Con1ractors Compliance Statement Disadvantaged Business Ent Utiliztton Certificat10n "ocat i\Qel'1'Y DBE Written Conlim Doa.lm~ Amount Uni1 l LS I LS 1 FA 350 HR 1 LS 850 HR 100 HR 208 Sf •SOC tlR •5 DAY ' FA 1 lS 76 LF 5664 LF 13 SY 75 SY 117 LF 28(l LF 320 CY zoo TON 6295 SY 2450 TON 36 TON 220 TON 5 EA 2 EA 1 EA 1 F/\ 35 EA 18 SY 76 LF 100 LF 276 LF 10 LF S.24 tlUND J EA 9 EA 125 SY 3 EA 4 EA 1 EA 1 l.S 1 EA 11 EA 9 EA 11400 LI' 2400 lF 820 SF 78 LF 33 EA 7 EA 16 EA I I Bid 1 Bid 2 Bid 3 Tucci and Sons, Inc Lakeside Industries. Inc ICON Materials Engineers Estimate Tacoma, WA Covinaton~ WA Tukwila, WA Price Tol<ll Pdc.o Toto! Ptlc. Total Price Total $500.00 $500 00 Sl .000 00 SI 000.00 $73.5 00 $73 500 $2.000 00 $2 ,000 00 548.00000 S48 .00000 S97.000.00 $97 00000 $92.000.00 S9?.000 00 $67.783.25 $67.783.25 $12,000 00 S>Z.00000 $12.000 00 $12,000 00 &12.00000 5 17.000 00 $12.000 00 $12000 00 $5920 S20 720.00 $60.00 $21,000 00 55600 Slll.60000 562 00 52 1.70000 $10 000 .00 S10.0QO 00 $32,600 00 $32 .600 00 532,100 00 Sl2.100 00 $3() 000 00 $30,00000 $50 00 $42.500 00 $51 00 $4 3,350.00 S'SJ.00 $45,050 00 S5000 542.50000 $64 00 5S.400.00 $51 00 $5, 100 00 S!>l!.00 $5.600.00 $50 00 $5.000 00 S20.00 S4 .160.00 52500 $!> 200 00 $26.00 $5.408 00 $20 50 $4,264 00. S5.00 522.500.00 S-3 00 $1 3.500 00 $6 70 SJ0,150.00 Sl 75 $16.875 00 S100,00 SA ,SOOOl:l 5215.00 $12.37500 $260.00 $1 1.70000 SSS .OD Sl.825 00 55.000.00 $5.00000 SS .00000 55.000.00 $5,000.00 SS .000.00 $500000 $5.000 00 s2• ooo oo 52~.00000 57 00000 57.000 .00 $850.00 S850 00 55.00000 55 000 00 S2000 s..:;20.00 525.00 S1 .900.00 $29.00 52.204 00 S46.00 S3A9600 50.01 $S664 $1 00 SS.664 00 $1 .00 $5 66• 00 so 3.5 S 1 982 •O S200.00 S2.60<I 00 s10000 $1 .300.00 $265 00 SJ.4<5 .0Cl $250Q S325 .0Q $211 .00 s1 soooo S.S0 .00 $3,750.00 $54.00 S4 .05o00 $ol600 5'.l 450.00 51000 Sl.170.00 5 10.00 Sl,170 00 $10.00 $1 17().00 $3.50 $<10950 $10.00 S1.SSOOO Sl!UXl 52.860 00 $7.55 52 15930 $5.20 $1 487.20 50500 $20 800 00 55000 $19.200 00 $90 00 528.800.00 s1aoo $206000 570 00 S4 000.Qll SJ0.00 Sii.000.00 $45.50 59,10000 535.00 $7.00000 53.30 527.373 50 $:3 ,00 524 .88500 $3.65 >.30.276.75 $4.00 $33.180 DO $87 :;o $214.37500 S68 00 S166 ti00.00 $71.60 $175.420.00 ·S76,00 $186.200.00 $125.00 $4 500 00 S9000 53.24000 $89.00 53,20-00 $76.00 $2.73600 s 1n;.oo 538500.00 590.00 S19.tl1>000 $125.70 527.654,00 51 1600 s.?5 .620 .00 5750.00 $3.750.00 $450.00 S2.2f>0 .00 $520.00 $2.llOO.OO ssoooo S2.500 00 $1,20000 S2,400.00 5260.00 5500.00 $892.50 $1,786.00 Sl .000.00 S2-000 00 $75000 $75000 $450 00 S45000 $520 00 $520 00 $500.00 550000 55.000 00 SS .000 00 SS .GOO.OD 55.000.00 $5,000.00 55 .000.00 55 .000 00 55 .GOOOO $100.00 SJ,500.00 575.00 S?.625.00 $100.00 SJ,50000 $100.00 SHOOOO $100.00 $1 .800.00 $125.00 ~2250.00 $75.00 51.350.00 S65.00 5 U7000 $7000 SS .32000 S3000 S2.2SO 00 $32 .10 $2,439 60 518 .00 S.S.92800 512.00 $1 200.00 512.00 s1 .200.oo $18.00 $1,800 00 51 7 50 $1,750.00 52200 Sli.0 72 00 522.00 SS ,(>72 .00 S23.10 $5.376.60 SZ7 00 S7.4!12 00 SZZ.00 $220.00 $2200 S220.00 spooo Sl.100.00 1!27 00 5270 00 S4l5.00 S2 279 Ml $43500 Sl.279•0 $072.50 S2.•75 90 $450 00 52,358 00 $12.00 $36.0Q $1200 53000 $15.75 $4725 $2000 S'6000 S50000 $.4,500.00 5300.00 S2 700.00 $31000 S2,7llO.OO S400 00 SJ.60000 $115Jl0 514.375.00 S5000 SS.250.00 56600 58,25000 582 .00 5 11>.250 00 SJ.00000 se.ooo oo 52 .00000 56.000 00 $2.265.00 S6,795.00 :>3&75.00 S1 1J>25 00 S3.000.0ll S12.000 00 $1 ,700.00 Sli ,al!ll.00 S!,$00 00 S7 600.00 S3.57'5.00 S14 .l0000 53,000.00 $3.000.00 S1.l0000 Sl.300.00 s:i .000.00 $3,000 Oil :>3.575.00 SJ,STSOO SI0.000.00 SI0.000.00 S10 000 00 $10.000.00 $1°'50000 $10.500 00 $3.000.00 Sl.00000 $1.800 00 $1 ,800.00 S1 .800.00 Sl .800 00 Sl,900.!JO S1 .IMXHIO Sl.000,00 Sl.00000 570000 $7.700 00 S700.00 $7.700 00 $750.00 58,250 00 $700.00 S7 700 00 5200.00 ~1 .800.00 525000 $2.250.00 $340.00 S3.060 00 $200.00 $1.800,00 ~1 ~o $15,96().00 $1.40 $15,96000 SI 50 51 7.100.00 $175 $19.95000 $393 59.432.00 $4,00 $9.tiOO.OO $4.10 S9.8<10 .00 55.00 512,000 00 S4 ,61l Sl.712 00 S-.&I SJ.n2.ll0 SS .DO 54.100 00 SS".00 $4,100 00 5650 550;_00 S605.00 5•1,19000 S6.85 553'4 30 ssso 542900 S9000 $2.970 00 ~90 00 52.970.00 S.94 .50 SJ.11 8 60 S85fJI S2,!IOS .OO ~1 0000 5735 ,00 5105.00 573500 S110 25 5771 75 ~-;()( 5595.00 S2rOO ~32.00 $27 00 5"32.00 $2850 545600 S3800 sroa .oo 5649,845.S.. $662,115.411 $670 .398.95 '638.518 .35 I l'.f'S YE S .. s YES YES YE S YES YES YES YES YES YES YES YES YES YE S YES YES YES YE S YH t U YES YE~ Page 1 of 1 This page left blank intentionally. 102 COUNCIL MEETING DATE: July 21, 2015 ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL -===-=="'=- SUBJECT: RESOLUTION: Acceptance of Grant Funding for Transportation Improvement Projects -Authorization to Accept Grant Funding POLICY QUESTION: Should City Council authorize staff to accept Federal Grant Funding for Transportation Improvement Projects? COMMITTEE: Land Use and Transportation Committee CATEGORY: IZJ Consent 0 Ordinance 0 City Council Business IZJ Resolution STAFF REPOR_! BY:~ick Perez, P.E., ~iry Ir.<tffic; Engineer 1lf MEETING DATE: July 6, 2015 0 Public Hearing 0 Other DEPT: Public Works Attachments: Land Use and Transportation Committee memorandums dated July 6, 2015 Resolution to accept Federal Grant Funding Options Considered: I. Approve the attached resolution to accept Federal Grant Funding for the Sacajawea Middle School Safe Route to School Project. 2. Do not approve the attached resolution to accept Federal Grant Funding and provide direction to staff. - MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option I to the July 21, 2015 Council Consent Agenda for a roval. CHIEF OF STAFF: I move to forward Option 1 to the July 21, 2015 Council Consent Agenda for approval. Bob Celski, Chair Kelly Maloney, Member Lydia Assefa-Dawson, Member PROPOSED COUNCIL MOTION: "!move to approve the attached resolutions to accept Federal Grant Funding for the Sacajawea Middle School Safe Route to School Project" (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) C:Ol NCIL ACTION: 0 "Pl'ROVED 0 DEMEO 0 TABLEO/OEFERRED/'.'10 ,\CTION 0 ,\10\iED TO SECO"iO READl;'l>IG tordinances onlr'I REV ISFD 02 /06/2006 COl 'NCIL BILL# lsT reading Enactment reading ORDINANCE# RESOLl TION II k :' CtJu11cil\1gdbills l 21) I )\07-2 1-15 acceptanc~ ,11 grant funding l(1r transportation 1111proveme11t projects -;rts doc 103 DATE: TO: VIA: FROM: July 6, 2015 City Council CITY OF FEDERAL WAY MEMORANDUM Jim Ferrell, Mayor . \ _ ~ Marwan Salloum , P.E ., Public Works D ~r ~ Rick Perez, P.E., City Traffic Engineer f'(~ SUBJECT: Grant Funding for Transportation Improvement Projects -Authorization to Accept Grant Funding BACKGROUND: This memorandum provides the Council with the current status of the grant application s submitted in 2014 under the Safe Routes to Schools Program funded from the Federal Highway. Project (Funding Phase) Estimated Possible Required Funding Grant Proiect Cost Gr.ant Fund City Match aooroved Sacajawea Middle School Safe Route to $!,500,000 $1,200,000 $300,000 $1 ,200,000 School (SRTS) (Design and Construction) K \l.UTC\20 15107-06 -1 5 Acc eptance u t'Gra nl Fu nd ing -· S RTS d u e 104 RESOLUTION NO. __ A RESOLUTION of the City Council of the City of Federal Way, Washington, authorizing execution of a Local Agency Agreement with the Washington State Department of Transportation regarding improvement to Sacajawea Middle School Safe Route to School Project in the City of Federal Way, Washington. WHEREAS, the City of Federal Way applied to the Safe Routes to School ("SRTS") Grant Program from the Washington State Department of Transportation for the purpose of design and construction of a SRTS Project for Sacajawea Middle School within the City; and WHEREAS, the Washington State Department of Transportation agrees to grant the City of Federal Way federal funds in the total amount of One Million Two Hundred Thousand and No/100 Dollars ($1,200,000.00) provided that the City Council authorize the Mayor to enter into the Local Agency Agreement; and WHEREAS, by accepting said grant the City of Federal Way agrees to execute the Local Agency Agreement; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Section l . Execution of Acceptance of the Local Agency Agreement. The Mayor or his designee is hereby authorized to execute the Local Agency Agreement regarding improvements to the Sacajawea Middle School SRTS Project in the City of Federal Way. Section 2 . Receipt of Federal Funds . The Mayor or his designee is hereby authorized to accept and receive the state and federal funds estimated to be One Million Two Hundred Thousand Resolution No. 13-__ _ 105 Page I of 3 Rev l/10 and No/I 00 Dollars ($1,200,000.00). Section 3. Matching Funds. Pursuant to the terms of the Local Agency Agreement, the City is required to commit matching funds in the amount of Three Hundred Thousand and No/100 Dollars ($300,000.00). The Mayor is authorized to commit and match the funds as required. Section 4. Severability. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this resolution. Section 5. Corrections. The City Clerk and the codifiers of this resolution are authorized to make neces~ary 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 6. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. Section 7. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. Resolution No. 13- 106 Page 2of3 Rev l /10 .. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON this ___ day of July, 2015. CITY OF FEDERAL WAY MAYOR, JIM FERRELL ATTEST: CITY CLERK, STEPHANIE COURTENY, CMC APPROVED AS TO FORM: CITY ATTORNEY, AMY JO PEARSALL FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO.: Resolution No . 13- 107 Page 3of3 Rev 1/10