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2019, 05-21 Study SessionAGENDA SPOKANE VALLEY CITY COUNCIL STUDY SESSION FORMAT Tuesday, May 21, 2019 6:00 p.m. CITY HALL COUNCIL CHAMBERS 10210 E Sprague Avenue (Please Silence Your Cell Phones During the Meeting) DISCUSSION LEADER SUBJECT/ACTIVITY GOAL CALL TO ORDER ROLL CALL APPROVAL OF AGENDA 1. Karen Kendall Proposed Code Text Amendment, Discussion/Information Addressing Standards 2. John Whitehead New Employee Report Discussion/Information 3. Adam Jackson Draft 2020-2025 Six Year Discussion/Information Transportation Improvement Program 4. Adam Jackson Potential BUILD Grant Discussion/Information 5. Mike Stone Browns Park Improvements Discussion/Information 6. Chad Phillips, Department of Ecology Agreement Discussion/Information Bill Helbig Decant Facility 7. Chad Phillips, Department of Ecology Agreement Discussion/Information Bill Helbig Sprague Ave. Stormwater Improvement 8. Chad Phillips, Department of Ecology Agreement Discussion/Information Bill Helbig Appleway Stormwater Improvement 9. Cary Driskell Travel Insurance for Councilmembers Discussion/Information 10. Mayor Higgins Advance Agenda Discussion/Information 11. Mayor Higgins Council Check in Discussion/Information 12. Mark Calhoun City Manager Comments Discussion/Information ADJOURN Study Session Agenda, May 21, 2019 Page 1 of 1 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: May 21, 2019 Department Director Approval: Check all that apply: n consent n old business n new business n public hearing n information ® admin. report n pending legislation n executive session AGENDA ITEM TITLE: Admin Report — Proposed Amendment to the Spokane Valley Municipal Code (SVMC) - CTA -2019-0001 GOVERNING LEGISLATION: SVMC 17.80.150, SVMC 19.30.040 and RCW 36.70A.106 PREVIOUS COUNCIL ACTION TAKEN: 7-3-2018: Admin report on Street Addressing Standards BACKGROUND: Since incorporation, the protocol related to the assignment of street addresses for parcels and buildings in the City of Spokane Valley has been consistent with the protocol implemented in Spokane County. In 2012, E911, a group of representatives tasked with the operation of the Emergency Services Communication System, and other stakeholders initiated discussions with addressing authorities throughout Spokane County with the goal of creating a regional addressing standard that would complement newly acquired Computer -Aided Dispatch Systems (CAD) within the fire and law enforcement departments. In 2015, the Draft Public Safety Road Naming and Physical Addressing Standard was created by the addressing committee and presented to addressing authorities throughout Spokane County for consideration. City of Spokane Valley staff participated in two Joint Addressing Authorities Committee Meetings on September 17, 2015, and October 13, 2015. Addressing authorities were given the opportunity to review and discuss the Draft Public Safety Road Naming and Physical Addressing Code. Initially, the draft language gave addressing authority to the E911 Director, which created an additional layer of review and removed local control of this part of the process. This concerned staff because increases in permit review and issuance timelines would not be consistent with our streamlined process or our customer service - focused approach to permitting. Furthermore, it was determined that the City of Spokane Valley addressing protocol did not conflict with the Draft Public Safety Road Naming and Physical Addressing Code. The City recognized the need to formalize procedures and standards that align with the current addressing protocol. The City's proposed standards mirror the adopted standards in the region for consistency but the language is arranged in a way which is consistent with other regulatory language within the SVMC. We are the last of the local jurisdictions to adopt addressing standards. On March 28, 2019, the Planning Commission conducted a study session. The Planning Commission conducted a public hearing on April 11, 2019 to consider the amendment. Following the public hearing and deliberations, the Planning Commission voted 6-0 to recommend that the proposed code text amendment be approved. On April 25, 2019, the Planning Commission approved the Findings of Fact and Recommendation to City Council with a 6-0 vote. OPTIONS: Consensus to proceed to first ordinance reading; or take other action deemed appropriate. RECOMMENDED ACTION OR MOTION: Council consensus to place on a future agenda for an ordinance first reading. CTA -2019-0001 RCA for Administrative Report page 1 BUDGET/FINANCIAL IMPACTS: N/A STAFF CONTACT: Karen Kendall, Planner ATTACHMENTS: A. PowerPoint Presentation B. Planning Commission's Findings of Fact and Recommendation with Exhibit 1: Proposed language adding chapter SVMC 22.135 and Appendix A C. PC Meeting Minutes 3/28/2019 D. PC Meeting Minutes 4/11/2019 E. PC Draft Meeting Minutes 4/25/2019 F. Staff Report CTA -2019-0001 with exhibits CTA -2019-0001 RCA for Administrative Report page 2 siii-- _.Valley ADDRESSING STANDARDS Code Text Amendment City Council Administrative Report May 21, 2019 Environmental Review March 22, 2019 a4 z March 27, 2019 Process 1 E Study Session March 28, 2019 Public Hearing April 11, 2019 tio Findings of Fact 41 April 25, 2019 40 d d d 2 1st Reading June 4, 2019 2nd Reading June 18, 2019 Today Background ir Since incorporation, the City assigns addresses consistent with County Policies. Addressing inconsistencies in other jurisdictions highlighted the need for regional standards. Mo-vi Addressing Grid NNW cu V O YV Sprague Avenue ODD ODD U) Addressing Standards Overview NEW Chapter 22.135 ADD definitions in Appendix A LI Establish a uniform method ❑ Facilitate expedient emergency responses ❑ Regulate display of addresses ❑ Provide continuity and predictability ❑ Street naming is in Street Standards Addressing Functions City Manager administers addressing Coordination with Fire Districts Addresses real property and structures L Applies to new buildings or properties L Based upon need, non -conforming addresses may be updated to conform to standards as adopted Emergency response Redevelopment ❑ Requested by owner occupant 7 FINDINGS AND RECOMMENDATIONS OF THE SPOKANE VALLEY PLANNING COMMISSION CTA -2019-0001— Proposed Amendment to Spokane Valley Municipal Code (SVMC) Pursuant to SVMC 17.80.150(E) the Planning Commission shall consider the proposal and shall prepare and forward a recommendation to the City Council following the public hearing. The following findings are consistent with the Planning Commission recommendation that City Council adopt the amendment. Background: 1. Pursuant to RCW 36.70A.130, Spokane Valley adopted its 2016 Comprehensive Plan Update and updated development regulations on December 13, 2016, with December 28, 2016 as the effective date. 2. CTA -2019-0001 is a City -initiated text amendment to the SVMC, adding Chapter 22.135 establishing the procedural standards to assign addressing for property identification within the City. Addressing definitions would also be added to SVMC Appendix A. 3. The Planning Commission held a properly noticed public hearing and conducted deliberations on April 11, 2019. The Commissioners voted 6-0 to recommend that the City Council adopt the amendment. Planning Commission Findings: 1. Compliance with SVMC 17.80.150(F) Approval Criteria a. The proposed text amendment is consistent with the applicable provisions of the Comprehensive Plan. Findings: The proposed amendment is supported by the Comprehensive Plan and is consistent with the following goals and policies: CF -G3 Ensure efficient and cost-effective public safety and emergency services. CF -P6 Ensure that facilities and services meet minimum Level of Service standards. Conclusion: The proposed text amendment is supported by the Comprehensive Plan and consistent with the goals and policies. b. The proposed amendment bears a substantial relation to public health, safety, welfare and protection of the environment. Findings: The proposed amendment bears substantial relation to public health, safety, welfare and protection of the environment. The proposed amendment establishes procedural standards to reduce conflicts and inconsistences through addressing. Addressing is integral to the function of emergency responders, utility purveyors providing service, and citizens receiving parcel deliveries services or general wayfinding. Conclusion: The proposed text amendment is consistent with Comprehensive Plan and bears a substantial relation to public health, safety, welfare, and protection of the environment. Findings and Recommendations of the Spokane Valley Planning Commission CTA -2019-0001 Page 1 of 2 2. Recommendation: The Spokane Valley Planning Commission therefore recommends the City Council approve CTA -2019- 0001 as proposed. Attachments: Exhibit 1 — Proposed Amendment CTA -2019-0001 Approved this 25' day of April, 2019 lanni g Commission Chairman ATTEST Robin Hutchins, Office Assistant Findings and Recommendations of the Spokane Valley Planning Commission CTA -2019-0001 Page 2 of 2 Exhibit 1 Chapter 22.135 ADDRESSING STANDARDS Sections: 22.135.010 Purpose. 22.135.020 Applicability. 22.135.030 Administration. 22.135.040 Addressing Grid Systems. 22.135.050 Addressing Standards. 22.135.060 Change in Street or Address Status. 22.135.070 Multiple Units. 22.135.080 Final Plat Addresses. 22.135.090 Display of Addresses. 22.135.100 List of Established Street Names, Assigned Addressing, and Mapping. 22.135.110 Deviations from Literal Compliance. 22.135.010 Purpose. A. The purpose of chapter 22.135 SVMC is to establish a uniform method for naming streets and assigning street addresses for real property and structures within the City. B. The goals of chapter 22.135 SVMC are as follows: 1. Facilitate expedient emergency response by medical, law enforcement, fire, rescue, and any other emergency services. 2. Regulate the display of property address numbers and provide for accurate street name signage, installation, and maintenance thereof. 3. Provide property owners, the general public, emergency responders, and government agencies and departments with an accurate and systematic means of identifying and locating property and/or structures. 22.135.020 Applicability. A. Chapter 22.135 SVMC applies to addresses for real property and structures situated within the City. The City may name or rename streets pursuant to the adopted Spokane Valley Street Standards, and assign or reassign addresses as necessary to further the purposes of chapter 22.135 SVMC. B. These provisions shall apply to the assignment of addresses to all new buildings or properties. C. All non -conforming addresses may be changed to conform to the standards set forth in chapter 22.135 SVMC. 22.135.030 Administration. The City Manager shall administer the provisions of chapter 22.135 SVMC, except as otherwise provided for herein. The City will coordinate with Fire Districts serving subject area to be addressed. CTA -2019-0001 (Addressing Standards) Chapter 22.135 Draft v2 March 5, 2019 Page 1 6 22.135.040 Addressing Grid Systems. A. The City shall participate in the use of the addressing grid system described as follows: 1. Sprague Avenue divides the City into north and south addresses. 2. Division Street divides the east and west addresses. All directional designations are referenced as east because no part of Spokane Valley is located west of Division Street in Spokane. All directional designations are referenced as east. 3. On streets running north and south: a. Addresses north of Sprague Avenue shall have even numbers on the east side of the street and odd numbers on the west side of the street; b. Addresses south of Sprague shall have even numbers on the west side of the street and odd numbers on the east side of the street. 4. On streets running east and west: a. Addresses shall have even numbers on the south side of the street and have odd numbers on the north side of the street. 5. The appropriate directional designation or abbreviation (e.g., "North" or "N.") is part of the address and follows the number. For example, the first lot south of Sprague Avenue on the east side of a street named "City Street" would have a street address of "10 S. City Street" or "10 South City Street." 22.135.050 Addressing Standards. A. Each property owner who has addressable property within the City and has not been assigned an address has a responsibility to apply to the City for a physical address for that property. B. Application for each address assignment prior to the issuance of a building permit (temporary addresses) shall include, at a minimum, a site map showing any proposed or existing structures, driveways, and approach locations. C. The numbering of addressable properties or structures along each street shall begin at the appropriate grid point of origin and continue in sequence. No address along a street shall be out of sequence in relation to the adjacent addresses. D. Each block along a street may have up to 100 address numbers. The hundred series shall change upon crossing a street intersection or in the best possible alignment with the established address grid if applicable, with the exception of intersecting driveways and/or alleys. The hundred series along a public street shall not change upon crossing a private street unless deemed necessary by the City Manager for continuity of address sequencing. E. Private streets wholly contained within plats shall be assigned the hundred series as if they were public streets. Except for loops and circles, two uniquely named streets may not intersect more than once (e.g., Main Street should not intersect Cherry Lane at 201 CTA -2019-0001 (Addressing Standards) Chapter 22.135 Draft 032119 March 21, 2019 Page 2 6 East Main Street, and also intersect Cherry Lane at 401 East Main Street). Loops and circles shall be reviewed on an individual basis and require approval by the City Manager. F. Addresses along a street shall have even numbers on one side of the street and odd numbers on the other side of the street pursuant to SVMC 22.135.040, as now adopted or hereafter amended. G. Individual address numbers shall be assigned to fit within the block range of the street segment to which the address is assigned (e.g., a new address that is assigned to the 200 block of Main Street shall be assigned a number between 201 and 233). Individual addresses shall be assigned to be consistent with adjacent blocks of the same north - south or east -west orientation. H. Addresses accessed via a shared driveway shall be assigned based on the point of origin of the driveway from the connecting street and shall be sequential. Addressable property or structures shall be assigned based upon the street from which vehicular access to the property or structure is obtained, with the following exceptions as determined by the City Manager: 1. Commercial and public facility structures may be assigned an address based upon the street the main entrance faces and not necessarily the access street. 2. Residential structures on corner lots may be assigned an address based upon the street the main entrance faces and not necessarily the access street. J. Fractional addresses shall not be used (e.g., no "101 Y East Main Street"). K. Address numbers shall not contain any non -numeric characters (e.g., no "118a"). L. Addresses on individual parcels shall comply with the following: 1. The street number shall range from one to five numbers. 2. No address shall have two or more zeros in a row at end of address unless referencing the location of a utility or communication facility. 3. The last two digits of street numbers shall not exceed 33. A deviation may be requested pursuant to SVMC 22.135.030. 22.135.060 Change in Street or Address Status. If a public or private street is altered, the City Manager shall review the alteration and may assign a corrected street name and/or address pursuant to chapter 22.135 SVMC. If the access to an individual address is altered, the City Manager shall assign a corrected address pursuant to chapter 22.135 SVMC (e.g., the owners of 201 East Cherry Lane change the location of their access from Cherry Lane to Houk Lane necessitating an address on Houk Lane). 22.135.070 Multiple Units. CTA -2019-0001 (Addressing Standards) Chapter 22.135 Draft 032119 March 21, 2019 Page 3 6 A. Duplex units shall be assigned a separate and unique address for each unit. B. Accessory dwelling units shall be assigned a unit designation with reference to the same address as the primary dwelling and shall follow the addressing standards in SVMC 22.135.070. C. Manufactured home parks which contain dwelling units fronting on a public or private street(s) shall be assigned one address for each dwelling unit. Manufactured home parks which contain dwelling units fronting on an unnamed private access street(s) shall be assigned one address for the entire property, and a secondary address assigned for individual spaces by the manufactured home park owner subject to approval by the City Manager (e.g., "9801 East Appleway Blvd., Space 1"). D. Multiple unit complexes shall be assigned one address for the property based upon the street from which vehicular access to the structure is obtained, except as otherwise provided herein. If necessary, the City Manager may assign an address based upon the street the main entrance faces (e.g., "1124 North University Street, Space 10). If additional parcels are added to an existing development, and access is taken through the existing development, a "0 Address Unknown" will be assigned to the new parcel to aid in emergency response. E. Structures within multiple unit complexes shall be assigned a building designator for each structure, as opposed to a unique address (e.g., "123 East Main Street, Building A"), unless an exception is granted by the City Manager. The building designators shall be generally arranged in a counter -clockwise rotation from the point of entry. F. When secondary addresses are assigned to multiple unit structures with individual building designations, the unit designator shall include the building designation (e.g., "123 East Main Street, Apartment A200" or "123 East Main Street, Building A, Apartment 200"). G. When secondary addresses are assigned to buildings with multiple floors, all above- ground units shall be assigned a three digit number (or higher) where the beginning number shall represent the floor upon which the unit is located (e.g., first floor units would be assigned three digit numbers beginning with 1, "Apartment 101", tenth floor units would be assigned four digit numbers beginning with 10, "Apartment 1001"). H. Units within below -grade stories shall include the alphabetical characters "LL" to indicate lower level, and then be assigned a three digit number where the beginning number shall represent the floor upon which the unit is located (e.g., all units in the first level below grade would be assigned three digit numbers beginning with 1, "Apartment LL101", units on the second level below grade would be assigned three digit numbers beginning with 2, "Apartment LL201 "). If a remodel of a multiple -unit structure alters the number or configuration of units, the addresses of units within said structure shall be updated to remain in compliance with chapter 22.135 SVMC. J. If a remodel of a single -unit structure creates a multiple -unit structure, the address units within said structure shall be updated to remain in compliance with chapter 22.135 SVMC. CTA -2019-0001 (Addressing Standards) Chapter 22.135 Draft 032119 March 21, 2019 Page 4 6 K. When secondary addresses are assigned to individual multifamily dwellings (including apartments and condominiums), the units shall use the unit designator for apartment (Apt) or unit (Unit). L. When secondary addresses are assigned to individual dwellings/spaces in manufactured home parks, the units shall use the unit designator for space (Spc). M. When secondary addresses are assigned to individual commercial suits or tenant spaces within a commercial structure(s), the units shall use the unit designator for suite (Ste). N. All other multiple -unit structures not previously described shall contain a unit designator which most closely identifies the unit's location and which is in accordance with current Postal Addressing Standards. 22.135.080 Final Plat Addresses. Temporary addresses assigned during the preliminary plat review shall be indicated on the final short plat, plat, or binding site plan drawings. The permanent physical addresses shall not be issued prior to recording the approved final short plat, plat, or binding site plan. 22.135.090 Display of Address. A. On currently -existing structures, or hereafter erected, the owner of the property or structure shall conspicuously place the correct address pursuant to chapter 22.135 SVMC. Addresses shall be displayed on all new and existing buildings. Letters, numbers, or symbols shall meet the following standards: 1. The posted address shall be metal or other durable material. 2. The numbering/lettering shall be at least four inches in height, and one-half inch in stroke width. In cases where conditions adversely affect the visibility and/or legibility of the numbers, additional numbers, larger numbers, or other modifications may be required in coordination with the City and Fire Districts serving the subject area to be addressed. 3. The posted address shall contrast with its background. 4. The address shall be placed on the structure plainly legible and visible from the street on which vehicular access is provided to the property or structure. 5. Addresses shall be visible from all directions of travel. C. Structures located in excess of 100 feet from the street fronting the property shall display the address on a sign, monument, or post not less than three feet, or greater than seven feet above the ground and located at the entrance to the property from the nearest street. The structure shall display additional posting at the structure location. D. If two or more addressable structures share a common primary access, and any one of the addressable structures is located more than 100 feet from the street designated in the assigned address, the addresses for each structure shall be posted at the intersection of the shared access and the named street on a sign or post not less than CTA -2019-0001 (Addressing Standards) Chapter 22.135 Draft 032119 March 21, 2019 Page 5 6 three feet or more than seven feet above the ground, and each structure shall display additional posting at the structure location. E. Address numbers, signage, location, and sizing shall be maintained by the responsible property owner. The fire districts, in coordination with the City, may require modifications to chapter 22.135 if deemed appropriate for fire and life safety. 22.135.100 List of Established Street Names, Assigned Addressing, and Mapping. A. Public and private streets and addresses within the City shall be maintained in a publicly viewable database which may be part of a larger database for all or a portion of Spokane County. The City may participate in any regional committees, organization, or entity to maintain, manage, review, or have control over such database. 22.135.110 Deviations from Literal Compliance. Applicants may request minor deviations from any requirement in chapter 22.135 SVMC. The applicant shall identify the requested deviation, including the basis for the request, to the City in writing. The City Manager may grant minor deviations in instances where complete compliance would create an obvious practical problem, so long as the deviation still adequately addresses the property for location by emergency service providers and to promote the other purposes of chapter 22.135 SVMC. The City may consult with fire districts/other impacted agencies in approving deviations. CTA -2019-0001 (Addressing Standards) Chapter 22.135 Draft 032119 March 21, 2019 Page 6 6 Appendix A Addressing: Includes the following: • Address: A property location identification with the following format: address number, directional prefix, street name, streettype, building designator, and secondary address (e.g.,"123 E Main St., Apt. 456"). The following elements are required: address number, street name, and street type. The following elements may be optional: directional prefix, building designator, and secondary address. • Address number: The numeric designation for an addressable parcel, structure, or unit. • Addressable: A property required to be assigned an address pursuant to chapter 22.135 SVMC. • Addressable property, addressable structures, addressable sites, addressable lots, or addressable units: The habitable or legally occupied structure on a parcel, but may also include other structures or sites as determined necessary by the City Manager. • Addressing grid system: The address number and directional system in a particular area such as a grid system or block system. • Building designator: A single character alphabetic descriptor for a single building within a multiple unit complex (e.g., " 1221E. Sprague Avenue, Bldg. A"). • Directional prefix: A single or double character alphabetic descriptor preceding a street name consisting of any combination of the cardinal directions of North, South. East, and West which are generally used in specific street naming schemes (i.e., N, S, E. W). • Multiple units: The presence of two or more addressable structures, addressable sites, or addressable units on a single parcel. • Multiple unit complex: An apartment, condominium, or business complex where there exist multiple buildings on a single site, and two or more buildings include multiple units. • Multiple unit structure: A single structure which contains two or more units. • Street name: The word or words either existing, or in the case of new or renamed streets, which are approved by the City used in conjunction with a directional prefix and/or a street type to identify a public or private street. • Temporary address: An address assigned for the purpose of installing phone/electrical service or other utility on a parcel of land prior to an application for a building permit. CTA -2019-0001 (Addressing Standards) Appendix A Draft 032119 March 21, 2019 Page 1 2 Temporary address are subject to change at the time of building permit application. • Unit: A specific dwelling or commercial space amongst a larger group of dwellings or commercial spaces (e.g., apartment, suites. etc.). • Unit designator: An abbreviated word used in conjunction with a secondary address to describe the character of the unit, and will be in accordance with current USPS Published Standards. CTA -2019-0001 (Addressing Standards) Appendix A Draft 032119 March 21, 2019 Page 2 2 Regular Meeting Minutes Spokane Valley Planning Commission Council Chambers — City Hall March 28, 2019 I. Chair Johnson called the meeting to order at 6:00 p.m. II. Commissioners, staff and audience stood for the pledge of allegiance. III. Office Assistant Robin Hutchins called roll and the following members and staff were present: James Johnson Cary Driskell, City Attorney Danielle Kaschmitter Jenny Nickerson, Building Official Timothy Kelley Lori Barlow, Senior Planner Robert McKinley Karen Kendall, Planner Michael Phillips, absent - excused Michelle Rasmussen Matt Walton, absent excused Deanna Horton, Secretary to the Commission Robin Hutchins, Office Assistant Hearing no objections, Commissioners Phillips and Walton were excused from the meeting. IV. AGENDA: Commissioner Rasmussen moved to approve the March 28, 2019 agenda as presented. There was no discussion. The vote on the motion was five in favor, zero opposed, and the motion passed. V. MINUTES: Commissioner Rasmussen moved to approve the March 14, 2019 minutes as written. There was no discussion. The vote on the motion was five in favor, zero opposed, and the motion passed VL COMMISSION REPORTS: Commissioner Rasmussen reported that she attended the State of the City and the presentation given from the viewpoint of the citizens and business owners was great. Commissioner Johnson attended the Gathering of the Community at the Islamic Center of Spokane for the mourning of the 51 innocents killed in Christchurch, New Zealand. Commissioner Johnson also attended the Council meeting and spoke on the topic of the gathering at the Islamic Center. He felt extremely welcome and the event was enlightening, it was enjoyable to see so many people come together. VII. ADMINISTRATIVE REPORT: There was no administrative report. VIII. PUBLIC COMMENT: On any subject which is not on the agenda. There was no public comment. IX. COMMISSION BUSINESS: i. Study Session: CTA -2019-0001, a City initiated text amendment to Spokane Valley Municipal Code (SVMC) Title 22 adding a new Chapter 22.136 Addressing Standards. Planner Karen Kendall gave a presentation to the Commission explaining the proposed amendment to SVMC Title 22 by adding Chapter 22.135 Addressing Standards and incorporating definitions into Appendix A. Chapter 22.135 establishes procedural 03-28-2019 Planning Commission Minutes Page 2 of 3 addressing standards to assign property identification within the City. A determination of non -significance was issued on March 22, 2019 and notice of public hearing was posted on March 27, 2019. Ms. Kendall summarized a comment received stating it related to the numbering sequence, but staff concluded that changing the addressing sequence would cause an inconsistency in protocol and could potentially be confusing. The City's current sequence has been in existence prior to the City incorporation. The City's addressing range is 1-33 with no need for a greater range. However, should the need occur an exception is built into the code. Ms. Kendall continued that since incorporation the City has assigned addresses consistent with Spokane County's policy adding that inconsistencies in other jurisdictions have highlighted the need for regional standards. Ms. Kendall gave examples of uses that receive addressing identification which are single family residences, apartment complexes, cell towers and utilities. Ms. Kendall continued that this change will establish a uniform method of addressing, will facilitate expedient emergency responses, and regulate the display of addresses providing predictability. Ms. Kendall highlighted three types of addressing lots. Single family lots receive a single property identification adding that with the increasing popularity of accessory dwelling units(ADU), the City is proposing to address each dwelling on the property with a unit designation. This will include one street address and a unit designation such as A for the primary residence and B for the ADU. This will notify emergency responders that there may be more than one residence on the property and will ensure accurate parcel deliveries. Ms. Kendall explained that duplexes are assigned a separate and unique address for each unit. Apartment complexes are addressed with one street designation, a letter designating the building and an individual unit designation. Lastly, Ms. Kendall described multi -tenant buildings explaining the first number represents the floor followed by the unit designation. Ms. Kendall concluded with the placement of property identification numbers. Address numbers should be legible and visible from the street from all directions, made of durable material and have a contrasting background. Ms. Kendall concluded that she, the City's Building Official Jenny Nickerson and The City of Spokane Valley Fire Marshall Greg Rogers were available for questions. Commissioner Johnson asked if painted on addresses were appropriate. Fire Marshall Rogers stated as long as the address colors are contrasting they would be appropriate. Commissioner Johnson asked how individuals would be notified of this change. Building Official Jenny Nickerson advised that any existing addresses that would be made non- conforming with this proposal may remain as is with the exception of those found to be a safety hazard for emergency response. Ms. Nickerson advised those units would be contacted by staff to update their addresses to meet the current standards. Commissioner Rasmussen asked how property owners that have not been assigned addresses are notified? Ms. Nickerson advised that during the permit process all applications received are reviewed to ensure they meet the addressing standards and are accurately posted. Commissioner Rasmussen asked about the addressing of vacant lots. It was discussed that vacant parcels do not receive addresses until they are developed. There was some discussion on vacant lots with no addressing and how it may interfere with emergency response. Mr. Rogers explained that there is little impact and likened it to having an emergency on the freeway. The caller has to give a general description as to their location. Mr. Rogers added that with the new 911 systems your location will be more accurately pinpointed when using a cellular device. Commissioner Rasmussen asked why the City doesn't address vacant lots and it was concluded that per building and fire code buildings and structures receive addresses, properties do not. 03-28-2019 Planning Commission Minutes Page 3 of 3 Ms. Nickerson spoke to the public comment received regarding number sequencing. Ms. Nickerson noted that SVMC 22.135.050(L)(3) clarifies the last two digits of street numbers shall not exceed 33 however a deviation may be requested. Ms. Nickerson added that SVMC 22.135.050 does indicate each block may have up to 100 address numbers. Ms. Nickerson concluded those two sections, as written, address the public comment regarding sequence allowing for deviation should it be necessary while still in keeping with the City's parameters. Mr. Rogers thanked the staff for their time and thanked the Commission for their work in helping create a structured format to continue for generations to come. X. GOOD OF THE ORDER: There was nothing for the good of the order. XI. ADJOURNMENT: Commissioner Rasmussen moved to adjourn the meeting at 6:21 p.m. The vole on the motion was five in favor, zero opposed, and the motion passed. ames Johnson, Chairman Date signed Robin Hutchins, Secretary Regular Meeting Minutes Spokane Valley Planning Commission Council Chambers — City Hall April 11, 2019 I. Chair Johnson called the meeting to order at 6:01 p.m. II. Commissioners, staff and audience stood for the pledge of allegiance. III. Office Assistant Robin Hutchins called roll and the following members and staff were present: James Johnson Cary Driskell, City Attorney Danielle Kaschmitter Jenny Nickerson, Building Official Timothy Kelley Lori Barlow, Senior Planner Robert McKinley Karen Kendall, Planner Michael Phillips, absent - excused Michelle Rasmussen Matt Walton Deanna Horton, Secretary to the Commission Robin Hutchins, Office Assistant Hearing no objections, Commissioner Phillips was excused from the meeting. IV. AGENDA: Commissioner Walton moved to approve the April 11, 2019 agenda as presented. There was no discussion. The vote on the motion was six in favor, zero opposed, and the motion passed. V. MINUTES: Commissioner Walton moved to approve the March 28, 2019 minutes as written. There was no discussion. The vote on the motion was six in favor, zero opposed, and the motion passed VI. COMMISSION REPORTS: Commissioner Johnson reported he attended the Spokane County Human Rights Task Force meeting where the discussions focus was surrounding human rights. He stated he would be giving a presentation during the good of the order section next Commission meeting. Commissioner Johnson also attended the Council meeting where they discussed a street vacation that the Commission will be reviewing in the coming weeks. VII. ADMINISTRATIVE REPORT: Senior Planner Lori Barlow reminded the Commission of an upcoming Short Course trainings. Ms. Barlow advised that the City continues to look for training opportunities for the Planning Commission members and encouraged them to attend. VIII. PUBLIC COMMENT: On any subject which is not on the agenda. There was no public comment. IX. COMMISSION BUSINESS: i. Public Heating: CTA -2019-0001, a City initiated text amendment to Spokane Valley Municipal Code (SVMC) Title 22 adding a new Chapter 22.136 Addressing Standards. Chair Johnson opened the public hearing at 6:06 p. m. 04-11-2019 Planning Commission Minutes Page 2 of 2 Planner Karen Kendall gave a presentation to the Commission reviewing the proposed amendment to SVMC Title 22 adding Chapter 22.135 Addressing Standards and incorporating definitions into Appendix A. Ms. Kendall summarized the process and spoke on the topic of the public comment received at the March 28, 2019 Study Session related to the City's numbering sequence. Staff concluded that changing the addressing sequence would cause an inconsistency in the City's protocol. Ms. Kendall added that no additional comments have been received. Ms. Kendall stated that since incorporation the City has assigned addresses consistent with Spokane County policies. Ms. Kendall continued that addressing inconsistencies in other jurisdictions have highlighted the need for regional standards. This change will establish a uniform method of addressing, will facilitate expedient emergency responses, and regulate the display of addresses providing continuity and predictability. Ms. Kendall added that all street naming is currently adopted within the City's Street Standards and nothing is being added. Ms. Kendall explained that addressing will provide identification of real properties and structures and applies to new buildings and properties. Should existing addresses be made non -conforming with this proposal those properties would be updated if found to be a safety hazard for emergency response, redevelopment, or requested by the owner or occupant. Ms. Kendall concluded the importance of addressing is to identify properties for the purpose of emergency response, utility service and parcel delivery. Having no one who wished to testify, Chair Johnson closed the public hearing at 6:12 p.m. Commissioner Walton moved to approve CTA -2019-0001 as presented and forward a recommendation to City Council. Commissioner Walton thanked the staff for the presentation and the detail provided. He believes strongly in the need for uniform standards to help maintain public safety and accurate parcel delivery, adding that it is greatly appreciated. The vote on the motion was six in favor, zero opposed, and the motion passed X. GOOD OF THE ORDER: There was nothing for the good of the order. XI. ADJOURNMENT: Commissioner Walton moved to adjourn the meeting at 6:14 p.m, The vote on the motion was six in favor, zero opposed, and the motion passed. James Jo son, Chairman Date signed Robin Hutchins, Secretary Regular Meeting Minutes Spokane Valley Planning Commission Council Chambers — City Hall April 25, 2019 I. Chair Johnson called the meeting to order at 6:00 p.m. II. Commissioners, staff and audience stood for the pledge of allegiance. III. Office Assistant Robin Hutchins called roll and the following members and staff were present: James Johnson Jenny Nickerson, Building Official Danielle Kaschmitter Lori Barlow, Senior Planner Timothy Kelley, absent - excused Karen Kendall, Planner Robert McKinley Michael Phillips, absent - excused Michelle Rasmussen, absent - excused Matt Walton Robin Hutchins, Office Assistant Hearing no objections, Commissioners Kelly, Rasmussen and Phillips were excused from the meeting. IV. AGENDA: Commissioner Walton moved to approve the April 25, 2019 agenda as presented. There was no discussion. The vote on the motion was four in favor, zero opposed, and the motion passed. V. MINUTES: Commissioner Walton moved to approve the April 11, 2019 minutes as written. There was no discussion. The vote on the motion was four in favor, zero opposed, and the motion passed. VI. COMMISSION REPORTS: Commissioner Johnson reported he attended the last few City Council meetings. Commissioner Johnson also attended the Spokane County Human Rights Task Force executive committee where they discussed considering a region wide leadership meeting. He is pleased to be a part of this team that is looking out for human rights in the area and is excited to be a part of the coming changes. VII. ADMINISTRATIVE REPORT: There was no administrative report. VIII. PUBLIC COMMENT: On any subject which is not on the agenda. There was no public comment. IX. COMMISSION BUSINESS: i. Findings of Fact: CTA -2019-0001, a proposed text amendment to Spokane Valley Municipal Code (SVMC) Title 22 and Appendix A, regarding addressing standards. Planner Karen Kendall provided a brief overview of the amendment and discussed the procedural guidelines for the proposed text amendment to SVMC Title 22 and Appendix A. Ms. Kendall explained that this meeting is to finalize the recommendation from the Commission. Following public comment at the public hearing held April 11, 2019 the Commission deliberated and voted six in favor and zero opposed to approve CTA -2019- 0001 as presented and forward a recommendation to the City Council. 04-25-2019 Planning Commission Minutes Page 2 of 6 There was no further discussion. Commissioner Walton moved to approve CTA -2019-0001 Planning Commission Findings of Fact recommendation as presented to the City Council. The vote on the motion was four in favor, zero opposed, and the motion passed. ii. Study Session: STV -2019-0001, a proposed street vacation of a portion of Tschirley Road, Long Road, Rich Avenue, and Greenacres Road in the Northeast Industrial Area. Senior Planner Lori Barlow gave a presentation to the Commission outlining the Northeast Industrial Area City Initiated Street Vacation. Ms. Barlow explained that this area is located between Flora Road and Barker Road and is South of Trent Avenue. The proposed vacations are the unimproved Right of Ways (ROW) of Tschirley Road, Long Road, Greenacres Road and Rich Avenue that connects Long Road with Greenacres Road. Ms. Barlow noted that this property is predominantly owned by one property owner. However, there is one parcel located off of Rich Avenue with a separate property owner. Mr. Barlow highlighted this being a City Initiated Street Vacation the City is working to ensure there is easement access for the property that would be affected by the vacation. Staff stated that these ROW's are not necessary as all parcels will have access off of Garland Avenue once construction is completed. Ms. Barlow provided brief background information on the Garland Avenue project that was also a City initiated proposal. The proposal is currently undergoing environmental review and is expected to begin construction soon. It should be completed by the end of 2019. Ms. Barlow continued, that there is not an application on file at this point, and it is uncertain how the properties will be reconfigured. It is anticipated that once development is considered the property owner will come forward with a Binding Site Plan (BSP) to r identify access points to the properties in the development. Commissioner Walton asked if there will be a stipulation on the property owner to continue providing access for emergency services off of Garland Avenue. Ms. Barlow spoke to the BSP review process at which time parcels would be divided up and access points would be determined prior to development occurring. Ms. Barlow added this proposal has been routed to all agencies, and the Spokane Valley Fire Department advised they would manage situations as development occurs. Commissioner Johnson asked if the access will be maintained by the City. Ms. Barlow explained that if done through the BSP it would be a private street maintained by the property owners. Garland Avenue is a public road and would be maintain by the City. Commissioner Johnson spoke about the amount of property involved and asked if there would be any monetary compensation to the City. Ms. Barlow explained that is not being forwarded as a recommendation as this is a City initiated proposal with no expectations of reimbursement from the property owner. Ms. Barlow concluded that the current ROW may be an impediment to the future development. The City is trying to make this area more adaptable for future developments. iii. Study Session: CTA -2019-0006, a proposed code text amendment to Spokane Valley Municipal Code Chapters 19.60.050, 19.65.130, 19.40.035 and Appendix A, regarding affordable housing. 04-25-2019 Planning Commission Minutes Page 3 of 6 Ms. Barlow provided background information into the privately initiated Code Text Amendment (CTA) Ms. Barlow corrected the numbering error to be CTA -2018-0006 not CTA -2019-0006. Ms. Barlow advised this proposal was originally submitted in 2018, , then revised and resubmitted earlier in 2019. Ms. Barlow advised that staff had reviewed the application for environmental impact and a determination of non -significance was issued March 29, 2019. The notice of public hearing was posted in the newspaper as well as on the City's website. Ms. Barlow clarified that this proposal is a CTA which is not site-specific, therefore on site posting requirements do not apply. Ms. Barlow clarified procedural requirements. The Commission is conducting the study session, and the public hearing is scheduled for May 9, 2019. Once a recommendation is made by the Planning Commission, it will be formalized in the Findings of Fact scheduled for May 23, 2019. Ms. Barlow highlighted a recent change the City Council has made to the Governance Manual. The Council will no longer take public comment on items that have had a public hearing by the Planning Commission during their review process. Ms. Barlow stressed that the opportunity for public comment will only be during the Planning Commissions public hearing. Once that hearing is closed, there will be no further opportunity for public comment. Ms. Barlow continued, the proposals intent is to allow multifamily in the residential (R-3) zone as long as it meets supplemental regulations. Ms. Barlow explained that currently multifamily is not allowed in the R-3 zone. Multifamily is only allowed in multifamily residential and both mixed use zones. Ms. Barlow continued that this proposal would change the Permitted Use Matrix SVMC 19.60.050 by adding an "S" indicating multifamily could be allowed but subject to supplemental use regulations. Ms. Barlow described that this proposal would add supplemental language to SVMC 19.65.130 stating that multifamily could be allowed if it complies with Chapter 19.40 of SVMC Alternative Residential Development Options. Newly added section 19.40.035 identifies that multifamily in the R-3 zone would be allowed if specific criteria are met for applicability, site and building standards and other related agreements. Ms. Barlow continued that in order for a development to utilize this section of the code at least 51% of the units proposed must be used for affordable housing. Commissioner Johnson asked how the City would monitor that the 51% is being maintained? Ms. Barlow explained that this would be part of the agreement section. An agreement would be signed and recorded with the County, that during the lifetime of the project they would maintain 51% of the units as affordable housing units. Ms. Barlow continued that similarly during multifamily application review with affordable housing units the applicant provides evidence that the units meet an affordable housing standard. Commissioner Johnson asked what is included in affordable housing costs? Ms. Barlow stated it refers to the Federal definition that annual housing costs shall not exceed 1/3 of a families' annual income and is calculated by the US Department of Housing and Urban Development. Commissioner. Johnson asked if the percentage included utilities, etc., or just the direct housing cost. Ms. Barlow said she was uncertain and that she will provide that information at the next meeting. Ms. Barlow explained some of the criteria. Key criteria would require the property to be a single parcel, under single ownership. The parcel uses must include a church, school and the multifamily units all located on one parcel at least 10-20 acres in size. Ms. Barlow continued that the entire site can be used to calculate the six dwelling units per acre as the maximum density allowed in the R-3 zoning district. Currently the R-3 zone does not allow multifamily development but does allow single family development at a density of six dwelling units per acre. Ms. Barlow explained this amendment proposes to utilize the 04-25-2019 Planning Commission Minutes Page 4 of 6 entire site to calculate what could have been allowed for single family development, but then allows the units to be clustered in the form of a multifamily development. The proposal intends to maintain the density. For example, if you have a 10 -acre parcel allowing six dwelling units per acre it would allow for 60 single family residential dwelling units. The proposal would allow you to develop a site that has a school and church with 60 single family dwelling units in a multifamily complex which would still maintain the density that is established within the R-3 Zone. Commissioner Walton asked how many 10-20 acre parcels are in the valley that would qualify. Ms. Barlow advised she did provide analysis in the staff report and used a query that identified a church on the property and any adjacent properties owned by same owner. Staff did find through this query that there are 75 church sites in the city and of those 75, 25 of them fit within the 10-20 acres. Only one site had a church, school, and fit the criteria. However, a site could be developed. Commissioner Walton asked how many vacant parcels meet the criteria that do not currently have a school/church combination? Ms. Barlow concluded it would be difficult to compile that information as properties could be aggregated. Ms. Barlow continued that on site the school, church and multifamily may share parking and open space to help prevent overbuilding. Commissioner Kaschmitter asked for clarification if parking can be used for open space. Ms. Barlow advised that would not be the case and explained how the City would calculate need during the review process for uses to share without building additional parking spaces. There was some additional discussion related to the intent, and that the hours of operation vary for each use with some concern of overflow street parking. Ms. Barlow mentioned the Conditional Use Permit (CUP) process would allow the opportunity to determine adequate parking and what "share "specifically means. Commission Johnson asked if staff knows of any advantage to limiting the size of this development to 20 acres, and why require both a church and a school? Ms. Barlow reminded the Commission that this is a privately initiated CTA and that during the public hearing the applicant can address questions as to what their intent may be. Ms. Barlow continued with other criteria that applies when specific circumstances exist, such as natural amenities shall be incorporated into the site, buildings, including parking structures, shall have design continuity to look as if they are part of a campus, pedestrian areas shall be delineated and protected to provide clear areas for pedestrian activity. Ms. Barlow continued with development standards and noted that the proposal identified that it must meet residential standards in the dimensional and standards table 19.70-01, which includes building height of 35 feet, and setbacks, to maintain the surrounding character already in place. Ms. Barlow continued that the minimum lot size of 5,000 square feet is not applicable. Ms. Barlow continued that the density is still applicable 6 dwelling units per acre and lot coverage of 50% or greater. However, that should not be an issue with lot sizes of 10-20 acres. Ms. Barlow explained other requirements would be agreements to ensure compliance and that the conditions will run with the land and will not transfer with the owner. The agreement would be specific to the land, and that the affordable housing component will remain for the life of the project, Lastly, Ms. Barlow concluded this would be processed as a type three permit that requires a CUP. Ms. Barlow gave an overview of the CUP process and advised the permit would be considered by the hearing examiner, requires public notice, a public hearing, and can be denied or conditioned. Ms. Barlow explained that through the Hearing Examiner process 04-25-2019 Planning Commission Minutes Page 5 of 6 uses that may have unanticipated impacts could be conditioned to mitigate those impacts, or the permit could be denied completely. Mr. Walton asked for clarification how this would run with the land? Would the City put a covenant on the property moving forward? Should the 10 -20 -acre property have affordable housing built on one portion and later wanted to sell off the undeveloped portions of the property would they be able to do so as they utilized the 10-20 acre and max number of units. Ms. Barlow said agreements would be recorded and the site would be bound to the agreement; in theory property could be sold off it wasn't needed to meet the minimum requirements of the criteria. Commissioner Walton asked if they have 20 acres and they only use the minimum 10 acres and build 60 dwelling units could they create a secondary project within the 20 acres and use the additional 60 dwelling units available to them? Ms. Barlow explained that yes, the CUP process would allow for that. Ms. Barlow gave an example that if someone came in with a proposal of 20 acres and only proposed to build to a density that is less than max, they could come back and ask for modification to CUP. Commissioner Walton asked if they chose to use a portion of property and the dwelling units available to them which would only utilize half of the property, and sell 10 acres of the overall portion, is that locked in since they applied under the 20 acres. Ms. Barlow explained the City would have to review what the original capacity to determine if they had extra land to eliminate from the site and still meet the conditions. Ms. Barlow highlighted that if a CUP is granted that is identifying all criteria are met it is the baseline to determine what they could do moving forward. The process may require the Hearing Examiner revisit the CUP Commissioner Johnson asked how would the City know if someone decides to sell five acres. Ms. Barlow advised the criteria defines this would have to be one parcel under single ownership. The owner would have to go through segregation process in order to divide off a piece of land. The City would be involved in that process and would be aware of the underlying CUP, and the encumbrances recorded with County Auditor. Commissioner Johnson spoke to the topic of a comment made by Ann Fritzel with the Commerce Department and read a statement from her comment: "affordable housing gross density of 6 units per acre on the five -acre parcel". Commissioner Johnson provided a Birdseye view and zoning map of the only viable location that fits all of the criteria. He explained that there are five parcels that would be owned by the entity. Commissioner Johnson stated he has dealt with Catholic Charities and their hearts are always in the right place. He continued explaining that if the five parcels depicted on the map are converted to one single parcel there would not be much room left for development. He continued the three parcels on Walnut Road, the parcel facing Far Road, and on Valleyway Avenue are all somewhat developed. The only parcel remaining without development must be the five acres referenced by Ms. Fritzel. Commissioner Johnson continued that the 17 acres combined could develop 103 dwelling units on that five -acre parcel and asked if that would make this a high density development in an R-3 zone with no transitional requirements? Ms. Barlow explained that transitional regulations are not required, however a CUP would be required. Ms. Barlow continued that if it were to show impacts such as a three story building backed up to single family residence with obvious conflict some transitional regulations could be required by the Hearing Examiner. Ms. Barlow explained the development in question does have 5 pieces of property however they could aggregate and reduce the size or increase the size. She added that it is difficult not to focus on the one existing opportunity, but it is not our only focus as there is no proposal at this time. Commissioner Johnson wanted to make sure the commission is considering the worst case scenario. Should this move forward and be approved by the City Council, it does become 04-25-2019 Planning Commission Minutes Page 6 of 6 less probable that public testimony will be taken due to it already been approved. Commissioner Johnson's concern also lends to public notification and hopes the applicant contacts the neighboring properties. Commissioner Walton asked if there is anything that would prevent the applicant from applying for a rezone to multifamily residential to meet R-3 zone criteria? Ms. Barlow explained they couldn't apply for a rezone due to land use designation. A rezone could be considered through a Comprehensive Plan Amendment, however that process is only allowed on an annual basis Commissioner Johnson asked for clarification on approved land use regarding cottage developments being allowed in the R-3, multifamily and both mixed use zones? Ms. Barlow explained cottage developments are allowed in those zones and at twice the underlying density of the R-3 zone. A cottage development could be proposed in the R-3 zone with up to 12 dwelling units per acre and it is required to be aggregated around the site to speak to open space requirements. Commissioner Johnson asked if that is calculated on the aggregate land and the entire parcel. Ms. Barlow stated it is assumed that it is on the entire site and only being used for cottage development. There was discussion regarding affordable housing and it was noted that there is no affordable housing component in cottage development. Commissioner McKinley asked if this proposal conflicts with the previous density related Duplex CTA proposed in the R-3 zone that the Commission voted against? Ms. Barlow explained the Duplex CTA was attempting to limit the number of duplexes that could be allowed on a per acre basis. Currently attached and detached single family development is allowed in the R-3 zone as long as you meet the minimum lot size. The previous Duplex CTA was limiting the number of duplexes developed even if the minimum lot size was met. The CTA being reviewed tonight is proposing to add a use that is not currently allowed in the R-3 zone. The only commonality is the R-3 zone component. X. GOOD OF THE ORDER: Commissioner Johnson encouraged the Commission to bring items to share for the Good of the Order as he feels it is important. Commissioner Johnson read aloud a heartfelt statement he wrote illustrating his sentiments of pride and concerns for his hometown the City of Spokane Valley. XI. ADJOURNMENT: Commissioner Walton moved to adjourn the meeting at 7:10 p.m. The vote on the motion was four in favor, zero opposed, and the motion passed. James Johnson, Chairman Date signed Robin Hutchins, Secretary Spokane Valley COMMUNITY AND PUBLIC WORKS BUILDING & PLANNING STAFF REPORT AND RECOMMENDATION TO THE PLANNING COMMISSION CTA -2019-0001 STAFF REPORT DATE: March 21, 2019 HEARING DATE AND LOCATION: April 11, 2019, beginning at 6:00 p.m., Spokane Valley City Hall Council Chambers, 10210 East Sprague Avenue, Spokane Valley, Washington 99206. PROPOSAL DESCRIPTION: The proposed amendment is a City -initiated text amendment to the Spokane Valley Municipal Code (SVMC) adding chapter 22.135 SVMC establishing the procedural standards to assign addressing for property identification within the City. Addressing definitions will be added to SVMC Appendix A. APPROVAL CRITERIA: Spokane Valley Comprehensive Plan, SVMC 17.80.150, 19.30.040. SUMMARY OF CONCLUSIONS: Staff concludes that the proposed amendments to chapter 22.135 SVMC and SVMC Appendix A are consistent with minimum criteria for review and approval, and consistent with the goals and policies of the Comprehensive Plan. STAFF CONTACT: Karen Kendall, Planner. REVIEWED BY: Jenny Nickerson, Building Official. ATTACHMENTS: Exhibit 1: Agency Comments. APPLICATION PROCESSING: Chapter 17.80 SVMC, Permit Processing Procedures. The following table summarizes the procedural steps for the proposal. Process Date Department of Commerce 60 -day Notice of Intent to Adopt Amendment March 4, 2019 SEPA — DNS Issued March 22, 2019 Published Notice of Public Hearing: March 22, 2019 & March 29, 2019 BACKGROUND: Since the City's incorporation in 2003, the protocol related to the assignment of street addresses for parcels and buildings in the City has been consistent with the regional protocol implemented in Spokane County. Street numbers begin at the intersection of Division Street and Sprague Avenue in the City of Spokane. Street names have followed the grid designations as the area has developed over the years. The City works closely with local fire districts for consistency and proper documentation to ensure emergency responders are able to quickly locate all parcels within the City. Staff Report and Recommendation CTA -2019-0001 Several years ago, a developer working near downtown Spokane and in Liberty Lake did not follow the historical protocol and, in a few instances, emergency responders had difficulty locating the properties to provide emergency services to residents in need. In 2012, E911 and other stakeholders initiated discussions with addressing authorities throughout Spokane County with the goal of creating a regional addressing standard that would complement newly acquired Computer -Aided Dispatch Systems (CAD) within the Fire and Law Enforcement Departments. In 2015, the Draft Public Safety Road Naming and Physical Addressing Standard was created by the addressing committee and presented to addressing authorities throughout Spokane County for consideration. City of Spokane Valley staff participated in two Joint Addressing Authorities Committee Meetings on September 17, 2015 and October 13, 2015. Addressing authorities were given the opportunity to review and discuss the Draft Public Safety Road Naming and Physical Addressing Code. Initially, the draft language gave addressing authority to the E911 Director, which created an additional layer of review and removed local control of this part of the process. This concerned staff here because increases in permit review and issuance timelines would not be consistent with our streamlined process, and inconsistent with our customer service approach. A meeting was held with Bryan Collins, Chief of the Spokane Valley Fire Department (SVFD) and Police Chief Mark Werner to discuss the merits of adopting the draft standards. It was agreed that, while the existing procedures have not resulted in any problems, it would be beneficial to adopt a version of the regional standard. Local jurisdictions such as Spokane County, City of Spokane, Liberty Lake, Cheney and Deer Park have adopted versions of the regional standards. ANALYSIS: The addressing standards formalize procedures that align with the City's current addressing protocol. The City's standards mirror the adopted regional standards for consistency. The proposal is tailored to the City of Spokane Valley regarding addressing authority going to the City Manager or designee in coordination of the Fire Districts and United States Postal Service (USPS). The City addresses new lots created through platting actions, vacant lots at time of permitting, owner -initiated address changes, and City -initiated address changes to correct errors and provide better emergency responses. The City's addressing standards are proposing two new components to further align with the regional addressing protocol. The City recognized the need to assign a unit designation for properties with an accessory dwelling unit (ADU). This indicates to first responders which unit to respond to and allows each resident the ability to have unencumbered postal deliveries. The second addition to the standards is assigning temporary addressing. This ensures property identification for emergency responders during site construction and allows utility companies to install services in appropriate locations. A. FINDINGS AND CONCLUSIONS SPECIFIC TO THE MUNICIPAL CODE TEXT AMENDMENT 1. Compliance with Title 17 (General Provisions) of the Spokane Valley Municipal Code a. Findings: SVMC 17.80.150(F) Municipal Code Text Amendment Approval Criteria The City may approve a Municipal Code Text amendment if it finds that: i. The proposed text amendment is consistent with the applicable provisions of the Comprehensive Plan; Staff Analysis: The proposed amendment is supported by the Comprehensive Plan and is consistent with the following goals and policies: CF -G3 Ensure efficient and cost-effective public safety and emergency services. Page 2 of 3 Staff Report and Recommendation CTA -2019-0001 CF -P6 Ensure that facilities and services meet minimum Level of Service standards. ii. The proposed amendment bears a substantial relation to public health, safety, welfare, and protection of the environment: Staff Analysis: The proposed amendment bears substantial relation to public health, safety, welfare and protection of the environment. The proposed amendment establishes procedural standards to reduce conflicts and inconsistences through addressing. Addressing is integral to the function of emergency responders, utility purveyors providing service, and citizens receiving parcel deliveries services or general wayfinding. b. Conclusion(s): The proposed text amendment is consistent with the approval criteria contained in the SVMC 17.80.150(F). 2. Finding and Conclusions Specific to Public Comments a. Findings: No public comments have been received to date. b. Conclusion(s): Adequate public noticing was conducted for CTA -2019-0001 pursuant to adopted public noticing procedures. 3. Finding and Conclusions Specific to Agency Comments a. Findings: The City has received two agency comments to date. The City updated the draft language to fix a grammatical and formatting error. In addition, staff added language to Section 22.135.020 of the new Addressing Standards to address comments from Spokane County Information Technology Department, representing the Public Safety GIS staff. b. Conclusion(s): Comments have been addressed and no concerns noted. B. CONCLUSION For the reasons set forth in Section A the proposed code text amendment to add addressing standards is consistent with the requirements of SVMC 17.80.150(F) and the Comprehensive Plan. Page 3 of 3 EXHIBIT I. Karen Kendall From: Chad Riggs Sent: Tuesday, March 5, 2019 5:06 PM To: Karen Kendall Subject: RE: SEPA Request for Comments - File No. CTA -2019-0001 (City Initiated Code Text Amendment) Ok. I found one misspelled word. The word "form" should be "from". H. Addressable property or structures shall be assigned based upon the str- form w' ich vehicular access to the property or structure is obtained, with the following - s as determined by the City Manager: 1. Commercial and public facility structures may be assigned an address based upon the street the main entrance faces and not necessarily the access street. 2. Residential structures on corner lots may be assigned an address based upon the street the main entrance faces and not necessarily the access street. Fractional addresses shall not be used (e.g., no "101'% East Main Street"). J. Address numbers shall not contain any non -numeric characters (e.g., no "1-18a"). K. Addresses on individual parcels shall comply with the following: 1. The street number shall range from one to five numbers. 2. No address shall have two or more zeros in a row at end of address unless referencing the location of a utility or communication facility_ 3. The last two digits of street numbers shall not exceed 33. A deviation may be requested as per SVMC 22.135.030. 22.135.060 Change in Street or Address Status. If a public or private street is altered, the City Manager shall review the alteration and may assign a corrected street name and/or address consistent with the provisions of chapter 22.135 SVMC. tithe access to an individual address is altered, the City Manager shall assign a corrected address consistent with the provisions of chapter 22.135 SVMC (e.g., the owners of 201 East Cherry Lane change the location of their access from Cherry Lane to Houk Lane necessitating an address on Houk Lane). CIA -201P -Non (Addis n_ Stancarth) Chapter 22.136 Drag v2 Thank you, Chad Riggs, P.E. 1 Senior Engineer 10210 E. Sprague Avenue 1 Spokane Valley, WA 99206 (509) 720-5033 1 criggsaspokanevalley.org 1 `larch 5. '_019 Pan _ 6 Spokane This email and any attachments may be subject to disclosure pursuant to Washington State's Public Record Act, Chapter 42.56 RCW. From: Karen Kendall Sent: Tuesday, March 5, 2019 4:55 PM To: Chad Riggs <criggs@spokanevalley.org> Subject: RE: SEPA Request for Comments - File No. CTA -2019-0001 (City Initiated Code Text Amendment) Are you sure?!? O From: Chad Riggs Sent: Tuesday, March 5, 2019 4:54 PM To: Karen Kendall <kkendall@spokanevallev.org> Subject: RE: SEPA Request for Comments - File No. CTA -2019-0001 (City Initiated Code Text Amendment) Hi Karen, DE does not have any comments for CTA -2019-0001. Thank you, Chad Riggs, P.E. I Senior Engineer 10210 E. Sprague Avenue I Spokane Valley. WA 99206 (509) 720-5033 1 criggsna,spokanevallev.org, Spokane :.0 Valley This email and any attachments may be subject to disclosure pursuant to Washington State's Public Record Act, Chapter 42.56 RCW. From: Karen Kendall Sent: Tuesday, March 5, 2019 4:49 PM To: 'Avista Dave Byus' <dave.bvus@avistacorp.com>; 'Central Valley School District #356' <irowell@cvsd.org>; 'CenturyLink' <Karen.Stoddard@centurylink.com>; Chad Riggs <criggs@spokanevalley.org>; 'Chris Johnston' <criohnston@spokanesheriff.org>; 'Chris Knudson' <CKnudson@spokanecounty.org>; 'Christina Janssen (City of Millwood)' <planning@millwoodwa.us>; 'Cindy Anderson (cyan461@ecy.wa.gov)' <cyan461@ecy.wa.gov>; 'City of Liberty Lake ' <LKey@libertylakewa.gov>; 'City of Spokane Tirrell Black' <tblack@spokanecity.org>; 'Colin Depner' <CDEPNER@spokanecounty.org>;'Comcast' <bryan richardson@cable.comcast.com>; 'Consolidated Irrigation District #19'<consolidatedirrigation@comcast.net>; 'Deborah Johnson' <SEPA.reviewteam@doh.wa.gov>; 'Derek Lilleberg (Conoco Phillips)' <Derek.Lilleberg@p66.com>; 'East Spokane Water District #1' <dist1@comcast.net>; 'East Valley School District #361' <smithLO@evsd.org>; 'Felts Field - Ryan Sheehan' <rsheehan@spokaneairports.net>; 'Hutchinson Irrigation District'<hutchinsonid16@gwestoffice.net>; 'Inland Power & Light' <connien@inlandpower.com>; 'Irvin Water District' <irvinwater@windwireless.net>; 'Jacob McCann (Jmca461@ecy.wa.gov)' <Jmca461@ecy.wa.gov>; Jenny Nickerson <jnickerson@spokanevalley.org>; 'Larry Ostwald (Conoco Phillips)' <Larry.E.Ostwald@p66.com>; 'Leslie King (Leslie.King@dfw.wa.gov)' <Leslie.King@dfw.wa.gov>; 'Marty Long' <mlong@scfd8.org>; Mike Stone 2 <mstone@spokanevalley.org>; 'Modern Electric Water Co. ' <transmittals@mewco.com>; 'Modern Irrigation District' <info@modirr.org>;'orchardaveirrigationdist6@comcast.net'<orchardaveirrigationdist6@comcast.net>; 'Patnode, Brian (PARKS)' <Brian.Patnode@PARKS.WA.GOV>; Ray Wright <rwright@spokanevalley.org>; 'Spokane Aquifer Joint Board' <info@spokaneaquifer.org>; 'Spokane County Planning & Building' <jpederson@spokanecounty.org>; 'Spokane County Water District #3' <scwd3@comcast.net>; 'Spokane Regional Clean Air Agency' <awestby@spokanecleanair.org>; 'Spokane Regional Health District' <psavage@srhd.org>; 'Spokane Regional Transportation Council' <rstewart@SRTC.org>; 'Spokane Transit Authority'<kotterstrom@spokanetransit.com>; 'Spokane Tribe of Indians' <randya@sookanetribe.com>; 'Spokane Valley Fire Disttict' <inspections@spokanevalleyfire.com>; 'Traci Harvey, Spokane Valley Fire Dept No. 1' <HarveyT@spokanevalleyfire.com>; 'Vera Water & Power'<kwells@verawaterandoower.com>; 'WA Commerce' <reviewteam@commerce.wa.gov>; 'WA Dept of Arch and Hist Preservation ' <Gretchen.Kaehler@DAHP.wa.gov>; 'WA Ecology, Olympia' <sepaunit@ecv.wa.gov>; 'WA Fish & Wildlife' <SEPAdesk@dfw.wa.gov>; 'WA Natural Resources' <northeast.region@dnr.wa.gov>; 'WA Transportation' <FiggG@wsdot.wa.gov>; 'West Valley School District' <Timothy.Morgan@wvsd.org>; 'Araceli Tapuro' <araceli.e.tapuro@usps.gov>; 'Bob Hardin' <Bob.L.Hardin@usps.gov>; 'Chris Wafstet (Modern Electric'<cwafstet@mewco.com>; 'Christine' <CMCMAHONCHASE@spokanecounty.org>; 'David Robles' <david.g.robles@usos.gov>; 'Degon' <JDegon@spokanecounty.org>; 'Dosch, Ryan A' <RDOSCH@spokanecounty.org>; 'Edward Freeman' <edward.s.freeman@usos.gov>; 'Frank Moulton' <fmoulton@sookanecounty.org>; 'Humphries, Guy B' <Guy.B.Humphries@usos.gov>; 'James Schiller' <James.C.Schiller@usos.gov>; 'Jodi Safarik' <jsafarik@spokanecounty.org>; 'Leonard Warren (Metro PO' <leonard.e.warren@usps.gov>; 'Lindsay Anderson' <LDAnderson@spokanecounty.org>; 'Maureen Ades (Co Utilities' <mades@spokanecounty.org>; 'PublicSafety'<PublicSafetyGlS@spokanecounty.org>; 'Tina Fisher (USPS' <tina.c.fisher@usos.gov>;'Veronica Soules (Avista' <veronica.soules@avistacorp.com>; 'Vicki Williams (Comcast' <vicki whitt-williams@cable.comcast.com>; 'Vickie Brown (CCC' <vrbrown@spokanefire.org>; Connor Lange <clange@sookanevalley.org> Cc: Taylor Dillard <tdillard@sookanevalley.org>; Greg Stauffer <gstauffer@spokanevallev.org> Subject: SEPA Request for Comments - File No. CTA -2019-0001 (City Initiated Code Text Amendment) All, Please review the attached SEPA checklist and proposed language adding Chapter 22.135 to the Spokane Valley Municipal Code (SVMC) establishing the procedural standards to assign Addressing for property identification in the City. In addition addressing definitions will be added to SVMC Appendix A. Submit written comments via email or mail using the contact information below. The City of Spokane Valley is the lead SEPA agency for the environmental review of the above referenced City initiated Code Text Amendment. COMMENT PERIOD ENDS: March 19, 2019 Best regards, Karen Kendall 1 Planner 10210 E. Sprague Avenue 1 Spokane Valley, WA 99206 (509) 720-5026 1 kkendall@spokanevallev.org Spokane Walley This email and any attachments may be subject to disclosure pursuant to Washington State's Public Record Act, chapter 42.56 RCW. 3 Karen Kendall From: Frost -Andersen, Kirsten <KFROST@spokanecounty.org> Sent: Tuesday, March 19, 2019 7:21 PM To: Karen Kendall Subject: RE: SEPA Request for Comments - File No. CTA -2019-0001 (City Initiated Code Text Amendment) Hi Karen, ran this by several of the Public Safety GIS staff here at the County and below are the comments I received in return: 1) They have not included the road naming section of the standards at all. They are just adopting the addressing standards. While the addressing standards are great and helpful and we certainly want to encourage adoption, it does nothing for the issues that arise from poor road naming, which are often more critical than the addressing, and at the very least are the base for the addressing. So no codification of disallowing duplicate road names, maintaining road names for their entire length, etc. I looked briefly at their existing municipal code thinking maybe they already had some road naming standards, but did not find anything. 2) Formatting issue... 22.135.050 Addressing Standards D. Each block along a street may have up to 100 address numbers. The hundred series shall change upon crossing a street intersection or in best possible alignment with the established address grid if applicable, with the exception of intersecting driveways and/or alleys. The hundred series along a public street shall not change upon crossing a private street unless deemed necessary by the City Manager for continuity of address sequencing. Private streets wholly contained within plats shall be assigned the hundred series as if they were public streets. This is the start of a new concept. It should be E. and all subsequent sections bumped up one letter. Except for loops and circles, two uniquely named streets may CTA -2019-0001 (Addressing Standards) March 5, 2019 Chapter 22.135 Draft v2 Page 3 I 6 not intersect more than once (e.g., Main Street should not intersect Cherry Lane at 201 East Main Street, and also intersect Cherry Lane at 401 East Main Street). Loops and circles shall be reviewed on an individual basis and require approval by the City Manager. E.F. Addresses along a street shall have even numbers on one side of the street and odd Thanks for letting us provide a review! We're exciting the City of Spokane Valley is adopting the regional standards! Kirsten Frost Andersen IT Supervisor Spokane County Information Technology Department kfrost@spokanecounty.org .., , 0.,,i1...Iti: s: i r•iii,.,,:t,:: � R`�qu ,t11,:41111 � 1i,..i1111� 174"m, Spokane County 1 From: Karen Kendall [mailto:kkendall@spokanevalley.org] Sent: Tuesday, March 5, 2019 4:49 PM To: 'Avista Dave Byus' <dave.byus@avistacorp.com>; 'Central Valley School District #356' <jrowell@cvsd.org>; 'CenturyLink' <Karen.Stoddard@centurylink.com>; Chad Riggs <criggs@spokanevalley.org>; Johnston, Christopher R. <CRJohnston@spokanesheriff.org>; Knudson, Chris <CKnudson@spokanecounty.org>; 'Christina Janssen (City of Millwood)' <planning@millwoodwa.us>; 'Cindy Anderson (cyan461@ecy.wa.gov)' <cyan461@ecy.wa.gov>; 'City of Liberty Lake ' <LKey@libertylakewa.gov>; Black, Tirrell <tblack@spokanecity.org>; Depner, Colin <CDEPNER@spokanecounty.org>; 'Comcast' <bryan_richardson@cable.comcast.com>;'Consolidated Irrigation District #19'<consolidatedirrigation@comcast.net>;'Deborah Johnson' <SEPA.reviewteam@doh.wa.gov>; 'Derek Lilleberg (Conoco Phillips)' <Derek.Lilleberg@p66.com>; 'East Spokane Water District #1' <distl@comcast.net>; 'East Valley School District #361' <smithLO@evsd.org>;'Felts Field - Ryan Sheehan' <rsheehan@spokaneairports.net>; 'Hutchinson Irrigation District' <hutchinsonid16@qwestoffice.net>; 'Inland Power & Light' <connien@inlandpower.com>; 'Irvin Water District' <irvinwater@windwireless.net>; 'Jacob McCann (Jmca461@ecy.wa.gov)' <Jmca461@ecy.wa.gov>; Jenny Nickerson <jnickerson@spokanevalley.org>; 'Larry Ostwald (Conoco Phillips)' <Larry.E.Ostwaid@p66.com>; 'Leslie King (Leslie.King@dfw.wa.gov)' <Leslie.King@dfw.wa.gov>; 'Marty Long' <mlong@scfd8.org>; Mike Stone <mstone@spokanevalley.org>; 'Modern Electric Water Co. ' <transmittals@mewco.com>; 'Modern Irrigation District' <info@modirr.org>; 'orchardaveirrigationdist6@comcast.net' <orchardaveirrigationdist6@comcast.net>; 'Patnode, Brian (PARKS)' <Brian.Patnode@PARKS.WA.GOV>; Ray Wright <rwright@spokanevalley.org>; 'Spokane Aquifer Joint Board' <info@spokaneaquifer.org>; Pederson, John <JPederson@spokanecounty.org>; 'Spokane County Water District #3' <scwd3@comcast.net>; 'Spokane Regional Clean Air Agency' <awestby@spokanecleanair.org>; 'Spokane Regional Health District' <psavage@srhd.org>; 'Spokane Regional Transportation Council' <rstewart@SRTC.org>; 'Spokane Transit Authority' <kotterstrom@spokanetransit.com>; 'Spokane Tribe of Indians' <randya@spokanetribe.com>; 'Spokane Valley Fire Disttict' <inspections@spokanevalleyfire.com>; 'Traci Harvey, Spokane Valley Fire Dept No. 1' <HarveyT@spokanevalleyfire.com>; 'Vera Water & Power' <kwells@verawaterandpower.com>; 'WA Commerce' <reviewteam@commerce.wa.gov>; 'WA Dept of Arch and Hist Preservation ' <Gretchen.Kaehler@DAHP.wa.gov>;'WA Ecology, Olympia' <sepaunit@ecy.wa.gov>; 'WA Fish & Wildlife' <SEPAdesk@dfw.wa.gov>; 'WA Natural Resources' <northeast.region@dnr.wa.gov>; 'WA Transportation' <FiggG@wsdot.wa.gov>; 'West Valley School District' <Timothy.Morgan@wvsd.org>; 'Araceli Tapuro' <araceli.e.tapuro@usps.gov>; 'Bob Hardin' <Bob.L.Hardin@usps.gov>; 'Chris Wafstet (Modern Electric' <cwafstet@mewco.com>; McMahon -Chase, Christine <CMCMAHONCHASE@spokanecounty.org>; 'David Robles' <david.g.robles@usps.gov>; Leifer, Jessica <JLeifer@SpokaneCounty.org>; Dosch, Ryan A. <RDOSCH@spokanecounty.org>; 'Edward Freeman' <edward.s.freeman@usps.gov>; Moulton, Frank <FMOULTON@spokanecounty.org>; 'Humphries, Guy B' <Guy.B.Humphries@usps.gov>; 'James Schiller' <James.C.Schiller@usps.gov>; Safarik, Jodi L. <JSAFARIK@spokanecounty.org>; 'Leonard Warren (Metro PO' <leonard.e.warren@usps.gov>; Anderson, Lindsey <LDAnderson@spokanecounty.org>; Ades, Maureen <MAdes@spokanecounty.org>; Public Safety GIS <PUBLICSAFETYGIS@spokanecounty.org>;'Tina Fisher (USPS' <tina.c.fisher@usps.gov>; 'Veronica Soules (Avista' <veronica.soules@avistacorp.com>; 'Vicki Williams (Comcast' <vicki_whitt-williams@cable.comcast.com>; 'Vickie Brown (CCC' <vrbrown@spokanefire.org>; Connor Lange <clange@spokanevalley.org> Cc: Taylor Dillard <tdillard@spokanevalley.org>; Greg Stauffer <gstauffer@spokanevalley.org> Subject: SEPA Request for Comments - File No. CTA -2019-0001 (City Initiated Code Text Amendment) All, Please review the attached SEPA checklist and proposed language adding Chapter 22.135 to the Spokane Valley Municipal Code (SVMC) establishing the procedural standards to assign Addressing for property identification in the City. In addition addressing definitions will be added to SVMC Appendix A. Submit written comments via email or mail using the contact information below. The City of Spokane Valley is the lead SEPA agency for the environmental review of the above referenced City initiated Code Text Amendment. COMMENT PERIOD ENDS: March 19, 2019 2 From: Eliason, Joelie To: Karen Kendall Subject: RE: Proposed amendment to the SVMC Title 22 Date: Tuesday, March 26, 2019 11:52:51 AM Attachments: imaae002.pnq image003.pnq imaae004.pnq Thank you for the response, Karen (sorry I called you Kendall in my first email). I would like to describe my interest in this particular code change and I appreciate your time in reviewing my thoughts on the matter. I am a resident of Spokane Valley, so I have a vested interest in SVMC changes. I work for the City of Spokane (COS) and addressing is one of my duties. The COS also, historically, limited the numbering to below 50 for the last two digits of the address. This numbering scheme has created addressing issues as the COS continues to change and grow or as zoning changes. Some the issues are a result of re -platting or segregation to create smaller parcels within an existing platted area. There are times when a zoning or land use change from single family to two-family or more has caused an address crunch as duplexes are replacing dilapidated homes. I was encouraged by Public Safety GIS and Spokane County E911 to utilize the whole numbering system (01-99 — we try to reserve 00 for intersections) to better indicate the location of an emergency call; i.e. address numbers in the 01-50 range (west half of the block) will be closer to the west intersection and numbers in the 51-99 range (east half of the block) will be closer to the east intersection. This may allow for a reduction in emergency response time when seconds may count as some of the systems dispatch to the nearest intersection. Thank you again, Karen, for considering my thoughts on the matter. I am glad to see that a thorough addressing code is proposed and will provide guidance as Spokane Valley continues to grow. Best of luck! Sincerely, Joelie Eliason Joelie Eliason City of Spokane Engineering Technician IV Development Services Center 509.625-6385 fax 509.625.6822 jeliasonna spokanecity.ora spokanecity.ora Know wuhatss below. Gall before you dig. From: Karen Kendall <kkendall@spokanevalley.org> Sent: Tuesday, March 26, 2019 9:17 AM To: Eliason, Joelie <jeliason@spokanecity.org> Subject: RE: Proposed amendment to the SVMC Title 22 Thank you for the question, Joelie. Historically the Valley has been addressed consistent with our proposed standards. The numbering provides consistency and predictability. There are rare cases we may increase the numbering as it is deemed fit. Hope this helps. Best regards, Karen Kendall 1 Planner (509) 720-5026 1 kkendall@saokanevallev.orc This email and any attachments may be subject to disclosure pursuant to Washington State's Public Record Act, chapter 42.56 RCW. From: Eliason, Joelie[mailto:jeliason@sookanecitv.org] Sent: Thursday, March 21, 2019 3:40 PM To: Karen Kendall <kkendall@sookanevallev.org> Subject: Proposed amendment to the SVMC Title 22 Good afternoon Kendall, I was reviewing the proposed amendment to SVMC Title 22 regarding addressing in Spokane Valley. I am curious about why the last two digits of street number shall not exceed 33 (22.135.050.L.3). Is there a particular reason to limit the addresses from 1-33? Thank you, Joelie Eliason Joelie Eliason 1 City of Spokane 1 Engineering Technician IV Development Services Center 509.625-6385 1 fax 509.625.6822 jeliasonPspokanecity.or• 1 spokanecity.org F.A �5 i15 f LACE US Know wuhatss below Gall before you dig. From: Eliason, Joelie To: Karen Kendall Subject: RE: Proposed amendment to the SVMC Title 22 Date: Tuesday, March 26, 2019 11:52:51 AM Attachments: imaae002.pnq image003.pnq imaae004.pnq Thank you for the response, Karen (sorry I called you Kendall in my first email). I would like to describe my interest in this particular code change and I appreciate your time in reviewing my thoughts on the matter. I am a resident of Spokane Valley, so I have a vested interest in SVMC changes. I work for the City of Spokane (COS) and addressing is one of my duties. The COS also, historically, limited the numbering to below 50 for the last two digits of the address. This numbering scheme has created addressing issues as the COS continues to change and grow or as zoning changes. Some the issues are a result of re -platting or segregation to create smaller parcels within an existing platted area. There are times when a zoning or land use change from single family to two-family or more has caused an address crunch as duplexes are replacing dilapidated homes. I was encouraged by Public Safety GIS and Spokane County E911 to utilize the whole numbering system (01-99 — we try to reserve 00 for intersections) to better indicate the location of an emergency call; i.e. address numbers in the 01-50 range (west half of the block) will be closer to the west intersection and numbers in the 51-99 range (east half of the block) will be closer to the east intersection. This may allow for a reduction in emergency response time when seconds may count as some of the systems dispatch to the nearest intersection. Thank you again, Karen, for considering my thoughts on the matter. I am glad to see that a thorough addressing code is proposed and will provide guidance as Spokane Valley continues to grow. Best of luck! Sincerely, Joelie Eliason Joelie Eliason City of Spokane Engineering Technician IV Development Services Center 509.625-6385 fax 509.625.6822 jeliasonna spokanecity.ora spokanecity.ora Know wuhatss below. Gall before you dig. From: Karen Kendall <kkendall@spokanevalley.org> Sent: Tuesday, March 26, 2019 9:17 AM To: Eliason, Joelie <jeliason@spokanecity.org> Subject: RE: Proposed amendment to the SVMC Title 22 Thank you for the question, Joelie. Historically the Valley has been addressed consistent with our proposed standards. The numbering provides consistency and predictability. There are rare cases we may increase the numbering as it is deemed fit. Hope this helps. Best regards, Karen Kendall 1 Planner (509) 720-5026 1 kkendall@saokanevallev.orc This email and any attachments may be subject to disclosure pursuant to Washington State's Public Record Act, chapter 42.56 RCW. From: Eliason, Joelie[mailto:jeliason@sookanecitv.org] Sent: Thursday, March 21, 2019 3:40 PM To: Karen Kendall <kkendall@sookanevallev.org> Subject: Proposed amendment to the SVMC Title 22 Good afternoon Kendall, I was reviewing the proposed amendment to SVMC Title 22 regarding addressing in Spokane Valley. I am curious about why the last two digits of street number shall not exceed 33 (22.135.050.L.3). Is there a particular reason to limit the addresses from 1-33? Thank you, Joelie Eliason Joelie Eliason 1 City of Spokane 1 Engineering Technician IV Development Services Center 509.625-6385 1 fax 509.625.6822 jeliasonPspokanecity.or• 1 spokanecity.org F.A �5 i15 f LACE US Know wuhatss below Gall before you dig. CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: May 21, 2019 Department Director Approval: Check all that apply: ['consent ❑ old business ❑ new business ['public hearing ['information ® admin. report ❑ pending legislation❑ executive session AGENDA ITEM TITLE: New Employee Report GOVERNING LEGISLATION: n/a PREVIOUS COUNCIL ACTION TAKEN: Spokane Valley City Council previously requested to be informed quarterly of new employees that are appointed to City positions. BACKGROUND: The following employees have been appointed in the first quarter of 2019: Heidi Varney, Appointed 1-9-2019 to the position of Permit Specialist, to assist customers in obtaining building permits at our front counter. Thomas Anker, Appointed 2-11-2019 to the position of Maintenance/Construction Inspector to inspect capital improvement/street construction projects. This position will also operate a snow plow during snow events. Dan Butcher, appointed 2-11-2019 to the position of Maintenance/Construction Inspector to inspect capital improvement/street construction projects. This position will also operate a snow plow during snow events. Don Hesse, appointed 2-11-2019 to the position of Maintenance/Construction Inspector to inspect capital improvement/street construction projects. This position will also operate a snow plow during snow events. Kelly Lynch, appointed 2-11-2019 to the position of Engineer in the City's capital improvement program to help design and aid in the construction administration of capital improvement projects. OPTIONS: Discussion/information RECOMMENDED ACTION OR MOTION: Discussion/information BUDGET/FINANCIAL IMPACTS: These five positions are included as part of the 93.75 FTEs included in the 2019 Budget: • The Permit Specialist appointment reflects the replacement of a position that turned over. • The appointments of the three Maintenance/Construction Inspector positions and the Engineer position reflect four of the five new positions that Council approved as a part of the 2019 Budget adoption. • The fifth new position that Council approved as a part of the 2019 Budget is that of a Senior Engineer. The City has not yet filled this position. STAFF CONTACT: John Whitehead, Human Resources Manager ATTACHMENTS n/a CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: May 21, 2019 Check all that apply: ['consent ❑ old business ['information ® admin. report Department Director Approval: ['new business ['public hearing ['pending legislation ['executive session AGENDA ITEM TITLE: Draft 2020-2025 Six -Year Transportation Improvement Program (TIP) GOVERNING LEGISLATION: RCW 35.77.010, Perpetual advanced six-year plans for coordinated transportation program expenditures. PREVIOUS COUNCIL ACTION TAKEN: Annual adoption of the TIP, and its amendments. BACKGROUND: The TIP is composed of transportation projects intended to be implemented in the next six years that address the transportation needs within the City of Spokane Valley. The City is required by RCW 35.77.010 to prepare and, after holding a public hearing, adopt a comprehensive transportation program for the ensuing six calendar years. This plan must be submitted to the Washington State Department of Transportation by June 30th of each year. The attached draft six-year TIP presents an integrated approach to project selection and phasing that has been aligned with recent master plans, upcoming redevelopment projects, economic development efforts, land use changes, stormwater and water district plans, and capital projects by partner agencies. The six-year TIP is required to be financially constrained. Currently the six-year TIP may exceed financial expectations; however, it does accurately reflect the City's short-term transportation needs and provides a prioritized path forward. OPTIONS: Discussion RECOMMENDED ACTION OR MOTION: None at this time. The public hearing for this TIP is scheduled for June 4, 2019, along with a resolution to adopt the TIP, for Council's consideration. BUDGET/FINANCIAL IMPACTS: The required City match on federal and state funded projects is typically between 10% and 20%. A review of projected REET funds through 2025 will be provided to determine if there are sufficient funds to provide the City's match for the recommended projects. STAFF CONTACT: Adam Jackson, P.E. — Planning & Grants Engineer ATTACHMENTS: PowerPoint Presentation Draft Resolution 19-xxx Draft 2020-2025 Six -Year TIP Report 2020-2025 Draft Six -Year Transportation Improvement Program (TIP) May 21, 2019 Adam Jackson, P.E. - Planning & Grants Engineer Spokane Dalley Transportation Improvement Program Purpose: Required by RCW 35.77.010 Must be referenced in Comp Plan Required for REET expenditures Required for grant eligibility The Program An integrated approach that aligns: Master plans and studies, Upcoming redevelopment projects, Economic development efforts, Land use changes, Stormwater projects, Capital projects by partner agencies. (62 Total Projects) 2019-2020 Closeout Projects (14 Projects) 1 el 11. Wellesley Ave. Sidewalk I 5. Knox Ave. Sidewalk 10. Mission Sidewalk & Preservation Argonne Road Preservation: 8. Broadway to Mission 9. Valleyway to Broadway 14. 2019 SCWD #3 Street Preservation. 12. Wilbur Road Sidewalk 7. University Road Preservation 2. Barker Road — Euclid to Grade Separation Project 4. Garland Avenue — Flora to Barker 6. Barker/I-90 Interchange Design 1. Appleway Trail — Evergreen to Sullivan 13. 2019 Local Access Streets (Midilome) 0 .800 7.600 16,200 ;,800 Fet 1 1 1 1 All projects assume 2% of the construction phase is carried over from 2019 into 2020. 4 Bridge & Grade Separation Projects (5 Projects) 17. Pines Road/BNSF Grade Separation Project 56. Sullivan Road/Trent Interchange Reconstruction 16. Barker Road/BNSF Grade Separation Project 29. Sullivan Road Bridge Deck Resurfacing 50. Argonne Road/I-90 Bridge Widening 0 2.1..50 4.300 8.700 12.900 Feat 1 i 1 i 1 i 1 5 Intersection Improvement Projects 18. Sullivan & Wellesley 57. Sullivan & Kiernan (15 Projects) 55. Flora & Trent 15. North Sullivan Road ITS Will Project 28. Park & Mission 58. Sullivan & Marietta 60. Barker & Boone 46. Mirabeau & Mansfield 32. Pines & Mission 36. Sprague & Barker 41. 8th & Carnahan 53. 8th & Park 49. Cataldo Ave. Realignment at Barker Road 44. 8th & Barker 59. Pines & 16th .800 7,600 1E.200 22.800 Flet Reconstruction/Preservation Projects 42. Argonne Road — Indiana to Montgomery (16 Projects) 48. Flora Rd — Euclid to Garland 23. Indiana — Evergreen to Sullivan 52. Park Road — Valleyway to Trent 61. Broadway Ave. — Flora to Barker 37. Mission Ave. — MuIlan to University 35. Barker Rd — Spokane River to Euclid 62. Barker Rd — Mission to 1-90 22. Broadway Ave. — Havana to Fancher 45. MuIlan Road — Broadway to Mission 30. Evergreen Road — Sprague to Mission 24. 8th Ave. — Progress to Sullivan 38. Sullivan — Sprague to South City Limit Barker Road Corridor: 47. 1-90 to Appleway 51. Appleway to City Limit 43. Dishman Mica — Schaffer to S. City Limit 0 3,800 7.600 15.200 22.800 Feet I e I e I e I Citywide Projects (5 Projects) 25. Street Preservation Projects - Annual L ! -;q 26. Local Access Street Improvement Projects - Annual r� - •r 0 3,500 7,000 14,000 21,040 Feet. - I i I I I • ?y Legend CPCI_17 Poor Falr Legend CPCI_17 - Poor Falr - Good 27. Citywide Safety Projects - Biennial 33. Citywide Reflective Post Panels L r— Th-i— • 34. Citywide Reflective Signal Plates ar1o6Feet r5' • • 6 • s rj1 L 4 .! Lr'' i• • t • i ❑ • • 0 4rr••N• r• ° 1 B • M M• M• MOO OW H • NO r * a • z . ❑ MN• - • vrw1r r M acct•° •-- s U&D 0 3,350 6,700 13400 2"*,100710 Legend ❑ Priorityl_StopSigns • 35MPH_Prioriryl_Signs • Priority2_StopSigns Legend • Cilywide Signal Backplales - Safety Priority 1 Streets - Safety Priorily 2 Streets 8 Sidewalk, Trail, and Stormwater Projects (7 Projects) 21. Ella Sidewalk — Broadway to Alki 40. Wilbur Sidewalk — Boone to Mission 39. Sprague Stormwater — Park to University 20. Conklin Sidewalk — Appleway Trail to Riceland Ln. 31. Appleway Stormwater — Farr to University 54. Appleway Trail — Dishman Mica to University 19. Adams Sidewalk — 16th to 22nd 2.12E 4.2E0 8. En0 . 12.750 Feet - 1 1 i 1 i-. ..-.__. Questions CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON RESOLUTION NO. 19-xxx A RESOLUTION OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, ADOPTING THE 2020-2025 TRANSPORTATION IMPROVEMENT PROGRAM FOR THE CITY OF SPOKANE VALLEY, AND OTHER MATTERS RELATING THERETO. WHEREAS, to provide for the proper and necessary development of the street system within the City of Spokane Valley, the City shall, as required by State law, develop and adopt annually a Six -Year Transportation Improvement Program (Six -Year TIP) with such program acting as a guide for the coordinated development of the City's transportation system; and WHEREAS, the Six -Year TIP of the City shall specifically set forth those projects and programs of both City and regional significance that benefit the transportation system and promote public safety and efficient vehicle movements; and WHEREAS, the Six -Year TIP shall be consistent with the City Comprehensive Plan and be adopted following one or more public hearings before the City Council; and WHEREAS, a draft copy of the Six -Year TIP was submitted to the Washington State Department of Commerce and has been reviewed and approved prior to the scheduled adoption of the TIP in accordance with RCW 36.70A.106; and WHEREAS, the City Council conducted a public hearing on June 4, 2019, for the purpose of inviting and receiving public comment on the proposed Six -Year TIP. NOW THEREFORE, be it resolved by the City Council of the City of Spokane Valley, Spokane County, Washington, as follows: Section 1. The City Council hereby adopts the attached Six -Year TIP for the City of Spokane Valley for the purpose of guiding the design, development and construction of local and regional transportation improvements for the years 2020 through 2025. The City Clerk is directed to file the 2020- 2025 Six -Year (TIP) with the Washington State Secretary of Transportation before June 30, 2019. The Six - Year TIP shall be reviewed at least annually for the purpose of determining the work to be accomplished under the program and the City transportation requirements. Projects and timeframes identified in the TIP are to be considered estimates only that may change due to a variety of circumstances, and are not intended by the City to be relied upon by property owners or developers in making development decisions. Section 2. Effective Date. This Resolution shall be in full force and effect upon adoption. Adopted this 4th day of June, 2019. ATTEST: City of Spokane Valley Christine Bainbridge, City Clerk L.R. Higgins, Mayor Approved as to Form: Office of the City Attorney Resolution 19-xxx, Adopting Six -Year TIP Spokane�� jUalley DRAFT 2020 - 2025 Six Year Transportation Improvement Program (TIP) City of Spokane Valley Community & Public Works Department 2020-2025 Transportation Improvement Program (TIP) Funding Sources: • City • CDBG • CMAQ • COM • DEV • FHWA • FMSIB • FTA • HSIP • NHFP • Other • RCO • REET • RR • SRTS • SW • STA • STBG • STBG-SA • TIB • TIGER • WAL • WSDOT Glossary & Abbreviations City Funds Community Development Block Grant Congestion Management/Air Quality Washington Department of Commerce Private Developer Funds Federal Highway Administration Freight Mobility Strategic Investment Board Federal Transit Authority Highway Safety Improvement Program National Highway Freight Program Misc. Unidentified Funding Sources Washington State Recreation Conservation Office Real Estate Excise Tax Railroad Safe Routes to School City Stormwater Funds Spokane Transit Authority Surface Transportation Block Grant Surface Transportation Block Grant — Set Aside Transportation Improvement Board Transportation Investment Generating Economic Recovery Washington Legislature Washington Department of Transportation Spokane 1Valley Project Phases: • PE Preliminary Engineering • RW Right -of -Way • CN Construction Zoninq R1 R2 R3 POS MF NC MU CMU RC IMU Spokane �sValley 2020-2025 Six -Year Transportation Improvement Program Dollars in Thousands Project / Description / Current Status / Length Total Funding Sources 2020 2021 2022 2023 2024 2025 Total 1 Appleway Trail - Evergreen to Sullivan Description: Construct shared -use pathway along public utility corridor. Status: 2019 CN, 2020 Closeout. Length (miles) 1 Funding Status: 45 City 6 6 CMAQ 35 35 STBG-SA 4 4 Secured PE RW Secured CN 45 0 0 45 Total 45 45 2 Barker Road Improvement- Euclid to Grade 46 City 46 46 Separation Project Description: Reconstruct Barker to 3 -lane urban section with shared -use path in partnership with Spokane County Sewer Extension. Status: 2019 CN, 2020 Closeout. Length (miles) 0.7 Funding Status: Secured PE Secured RW Secured CN 46 0 0 46 Total 46 46 3 Evergreen Road Resurfacing - Mission Connector to Indiana Description: Pavement preservation project. Status: 2019 CN, 2020 Closeout. Length (miles) 0.5 Funding Status: 12 City 2 2 STBG 10 10 Secured PE Secured RW Secured CN 12 0 0 12 Total 12 12 Projects and timeframes identified in the TIP are to be considered estimates only that may change due to a variety of circumstances. 5/14/2019 Page 1 Spokane Walley 2020-2025 Six -Year Transportation Improvement Program Dollars in Thousands Project / Description / Current Status / Length Total Funding Sources 2020 2021 2022 2023 2024 2025 Total 4 Garland Avenue Extension Project Description: Construct 3 -lane urban section between Flora and Barker. Status: City to manage 2019 CN with 50% funds by Dev, 2020 Closeout. Length (miles) 1 Funding Status: 60 City 30 30 DEV 30 30 Secured PE Secured RW Secured CN 60 0 0 60 Total 60 60 5 Knox Avenue Sidewalk - Hutchinson to Sargent Description: Install curb, gutter, and sidewalk with stormwater improvements. Status: CDBG grant funding. 2019 CN, 2020 Closeout. Length (miles) 0.2 6 City 1 1 CDBG 5 5 Funding Status: Secured PE Secured RW Secured CN 6 0 0 6 Total 6 6 6 Barker Road & 1-90 WB Interchange Description: Partnership with WSDOT for PE of westbound I-90/Barker interchange roundabout. Status: 2019 PE, 2020 Closeout. Future CN by WSDOT. Length (miles) 0 Funding Status: 18 WSDOT 18 18 PE 18 RW CN 18 0 0 Total 18 18 Projects and timeframes identified in the TIP are to be considered estimates only that may change due to a variety of circumstances. 5/14/2019 Page 2 Spokane Walley 2020-2025 Six -Year Transportation Improvement Program Dollars in Thousands Project / Description / Current Status / Length Total Funding Sources 2020 2021 2022 2023 2024 2025 Total 7 University Road Preservation Project -16th to 50 City 10 10 Dishman Mica TIB 40 40 Description: Pavement preservation project. Status: 2019 CN, 2020 Closeout. Length (miles) 1 Funding Status: Secured PE Secured RW Secured CN 50 0 0 50 Total 50 50 8 Argonne Road Preservation - Broadway to Mission Description: Pavement preservation project. Status: 2019 CN, 2020 Closeout. Length (miles) 0.8 15 City 5 5 STP(U) 10 10 Funding Status: Secured PE Secured RW Secured CN 15 0 0 15 Total 15 15 9 Argonne Road Preservation - Valleyway to Broadway Description: Pavement preservation project. Status: 2019 CN, 2020 Closeout. Length (miles) 0.2 Funding Status: 6 City 6 6 Secured PE RW Secured CN 6 0 0 6 Total 6 6 Projects and timeframes identified in the TIP are to be considered estimates only that may change due to a variety of circumstances. 5/14/2019 Page 3 Spokane Walley 2020-2025 Six -Year Transportation Improvement Program Dollars in Thousands Project / Description / Current Status / Length Total Funding Sources 2020 2021 2022 2023 2024 2025 Total 10 Mission Avenue Sidewalk & Preservation Description: Pavement preservation project from University to Union, provide new sidewalk from Bowdish to Union. Status: 2019 CN, 2020 Closeout. Length (miles) 0.8 Funding Status: 41 City 8 8 TIB 33 33 Secured PE RW Secured CN 41 0 0 41 Total 41 41 11 Wellesley Avenue Sidewalk - McDonald to Evergreen Description: Install sidewalk from McDonald to Evergreen, with stormwater improvements as necessary. Status: 2019 CN, 2020 Closeout. Length (miles) 0.5 8 City 1 1 SRTS 7 7 Funding Status: Secured PE Secured RW Secured CN 8 0 0 8 Total 8 8 12 Wilbur Road Sidewalk - Broadway to Boone Description: Install sidewalk from Broadway to Boone, with stormwater improvements as necessary. Status: 2019 CN, 2020 Closeout. Length (miles) 0.3 Funding Status: 6 City 1 1 CDBG 5 5 Secured PE Secured RW Secured CN 6 0 0 6 Total 6 6 Projects and timeframes identified in the TIP are to be considered estimates only that may change due to a variety of circumstances. 5/14/2019 Page 4 Spokane Walley 2020-2025 Six -Year Transportation Improvement Program Dollars in Thousands Project / Description / Current Status / Length Total Funding Sources 2020 2021 2022 2023 2024 2025 Total 13 2019 Local Access Streets (Midilome Neighborhood) Description: Full depth reclamation project. Limits are generally bound by 32nd Ave., Bowdish Rd., Pines Rd., and 37th Ave. Status: 2019 CN, 2020 Closeout. Length (miles) 2 Funding Status: 31 City 31 31 Secured PE RW Secured CN 31 0 0 31 Total 31 31 14 2019 SCWD#3 Street Preservation Description: Spokane County Water District #3 partnership to pave full width segments of Valleyway, Farr, and Woodruff as part of water project. Status: 2019 CN, 2020 Closeout. Length (miles) 0 6 City 6 6 Funding Status: Secured PE RW Secured CN 6 0 0 6 Total 6 6 15 North Sullivan Road ITS Project Description: Extend Intelligent Transportation Systems conduit and controls along Sullivan Corridor. Status: 2020 CN & Closeout. Length (miles) 2 Funding Status: 709 City 96 96 CMAQ 613 613 Secured PE Secured RW Secured CN 709 0 0 709 Total 709 709 Projects and timeframes identified in the TIP are to be considered estimates only that may change due to a variety of circumstances. 5/14/2019 Page 5 Spokane Walley 2020-2025 Six -Year Transportation Improvement Program Dollars in Thousands Project / Description / Current Status / Length Total Funding Sources 2020 2021 2022 2023 2024 2025 Total 16 Barker Road / BNSF Grade Separation Project Description: Construct Grade Separation at Barker/BNSF RR/Trent (SR290). (Rounding errors present.) Status: Assumes 50% ROW in 2019. Length (miles) Intersection Funding Status: 22,425 City 1,210 1,210 1,210 3,630 NHFP 2,000 2,000 2,000 6,000 TIGER 1,179 2,034 2,034 2,034 7,281 FMSIB 1,667 1,667 1,667 5,001 WAL 145 145 Other 68 100 100 100 368 Secured PE Secured RW Secured CN 119 1,273 7,010 7,010 7,010 119 1,273 21,030 Total 1,392 7,011 7,011 7,011 22,425 17 Pines Road (SR27) / BNSF Grade Separation Project Description: Construct Grade Separation at Pines/BNSF RR/Trent (SR290). Status: 50% PE in 2019. "Other" assumes 20% City match. Length (miles) Intersection 27,525 City 1,250 1,155 1,155 883 1,766 1,766 7,975 STBG 945 945 1,890 Other 3,532 7,064 7,064 17,660 Funding Status: Partial pE 1,250 Partial RW Planned CN 2,100 2,100 1,250 4,200 4,415 8,830 8,830 22,076 Total 1,250 2,100 2,100 4,415 8,830 8,830 27,525 18 Sullivan Road / Wellesley Avenue Intersection 1,179 City 76 71 147 Improvement CMAQ 487 455 942 Description: Spo. Co. 90 90 Traffic signal and intersection improvement project, partnership with Spokane County. Status: 2019 PE & ROW, 2020 CN, 2021 Closeout. Length (miles) Intersection Funding Status: Secured PE Secured RW Secured CN 20 108 526 526 20 108 1,052 Total 653 526 1,179 Projects and timeframes identified in the TIP are to be considered estimates only that may change due to a variety of circumstances. 5/14/2019 Page 6 Spokane Walley 2020-2025 Six -Year Transportation Improvement Program Dollars in Thousands Project / Description / Current Status / Length Total Funding Sources 2020 2021 2022 2023 2024 2025 Total 19 Adams Road Sidewalk Description: New sidewalk on the east side from 16th to 22nd. Status: 2019 PE, 2020 CN, 2021 Closeout. Length (miles) 0.4 Funding Status: 445 City 87 2 89 TIB 349 7 356 Secured PE 16 RW Secured CN 420 9 16 0 429 Total 436 9 445 20 Conklin Road Sidewalk Description: New sidewalk on the west side from Appleway Trail to Riceland Lane. Status: 2019 PE, 2020 CN, 2021 Closeout. Length (miles) 0.0 76 City 8 8 CDBG 67 1 68 Funding Status: Secured PE Secured RW Secured CN 74 2 0 0 76 Total 75 1 76 21 Ella Road Sidewalk Description: New sidewalk on the west side from Broadway Ave. to Alki Ave. Status: 2019 PE, 2020 CN, 2021 Closeout. Length (miles) 0.2 Funding Status: 354 City 38 1 39 CDBG 309 6 315 Secured PE Secured RW Secured CN 347 7 0 0 354 Total 347 7 354 Projects and timeframes identified in the TIP are to be considered estimates only that may change due to a variety of circumstances. 5/14/2019 Page 7 Spol�ane Walley 2020-2025 Six -Year Transportation Improvement Program Dollars in Thousands Project / Description / Current Status / Length Total Funding Sources 2020 2021 2022 2023 2024 2025 Total 22 Broadway Avenue Preservation - Havana to Fancher Description: Pavement preservation, including stormwater improvements as necessary. Status: 2019 PE, 2020 CN. Possible funding via TIB or City Fund 311. Length (miles) 1 Funding Status: 2,200 City 431 9 440 Other 1,725 35 1,760 Secured PE Secured RW Planned CN 2,156 44 0 0 2,200 Total 2,156 44 2,200 23 Indiana Avenue Preservation - Evergreen to Sullivan Description: Pavement preservation project with stormwater and signal improvements as necessary. Status: 2019 PE, 2020 CN, 2021 Closeout. "Other" funding from TIB or City Fund 311. Length (miles) 0.9 1,910 City 382 8 390 Other 1,490 30 1,520 Funding Status: Partial PE 10 RW 10 0 Planned CN 1,862 38 1,900 Total 1,872 38 1,910 24 8th Avenue Preservation - Progress to Sullivan Description: Potential partnership with Vera Water & Power for sidewalk extension on south side along frontage of Vera's property. Status: 2019 PE with City funds, potential Fund 311 project in future CN years. Length (miles) 0.2 Funding Status: 655 City 578 12 590 Other 64 1 65 Planned PE 5 RW Planned CN 637 13 5 0 650 Total 642 13 655 Projects and timeframes identified in the TIP are to be considered estimates only that may change due to a variety of circumstances. 5/14/2019 Page 8 Spol�ane .Valley 2020-2025 Six -Year Transportation Improvement Program Dollars in Thousands Project / Description / Current Status / Length Total Funding Sources 2020 2021 2022 2023 2024 2025 Total 25 Street Preservation Projects - Annual Description: Pavement preservation projects citywide, typically arterials or collectors, or used as matching funds for grant programs. Status: For 2020 CN, preservation projects identified specifically in TIP. Projects include storm upgrades as applicable. Length (miles) Varies Funding Status: 18,000 City 3,600 3,600 3,600 3,600 3,600 18,000 Planned PE 100 100 100 100 100 500 RW 0 Planned CN 3,500 3,500 3,500 3,500 3,500 17,500 Total 3,600 3,600 3,600 3,600 3,600 18,000 26 Local Access Street Improvement Projects - Annual Description: Pavement projects funded by Street Wear Fee. Approx. $1.5M annually. Projects are assumed to not have any ROW required. Project type varies (surface treatments, grind/inlays, reconstruction). Status: Site selection is on-going. Actual locations to be determined. Length (miles) Funding Status: 9,000 City 1,500 1,500 1,500 1,500 1,500 1,500 9,000 Secured pE 100 100 100 100 100 100 600 Secured RW 0 Secured CN 1,400 1,400 1,400 1,400 1,400 1,400 8,400 Total 1,500 1,500 1,500 1,500 1,500 1,500 9,000 27 Citywide Safety Projects - Biennial Description: Federally funded calls -for -projects occuring in even -numbered years. Projects are assumed to be low-cost, citywide, systemic improvements but can also be larger spot -specific projects. 2020 projects listed specifically in TIP. (Rounding errors present.) Status: Costs assume project implementation in odd -number years and design/close-out in even -numbered years. 10% local match. Length (miles) 0 502 HSIP 45 158 45 158 45 451 City 5 18 5 18 5 51 Funding Status: Planned PE 5 18 5 18 5 50 RW 0 Planned CN 45 158 45 158 45 450 Total 50 176 50 176 50 502 Projects and timeframes identified in the TIP are to be considered estimates only that may change due to a variety of circumstances. 5/14/2019 Page 9 Spokane Walley 2020-2025 Six -Year Transportation Improvement Program Dollars in Thousands Project / Description / Current Status / Length Total Funding Sources 2020 2021 2022 2023 2024 2025 Total 28 Park Road & Mission Avenue Intersection Improvement 1,700 Description: Improve channelization and signal operations. Status: Length (miles) 0 Funding Status: City 1,700 1,700 Planned pE 100 100 Planned RW 60 60 Planned CN 1,540 1,540 Total 1,700 1,700 29 Sullivan Road Bridge Deck Resurfacing Description: Resurface existing bridge deck for Sullivan Road northbound over UPRR tracks. Status: Pending funding request to FHBP. Length (miles) 0 338 City 9 36 45 Other Fed 59 234 293 Funding Status: Planned PE 68 Planned RW Planned CN 270 68 0 270 Total 68 270 338 30 Evergreen Road Preservation - Sprague to Mission Description: Pavement preservation project. (Rounding errors present.) Status: 2020 PE, 2021 CN, 2022 Closeout. "Other" funding from TIB or City Fund 311. Length (miles) 0.9 Funding Status: 1,501 Other 58 1,120 23 1,201 City 14 280 6 300 Planned PE 72 8 RW Planned CN 80 0 1,392 28 1,420 Total 72 1,400 29 1,501 Projects and timeframes identified in the TIP are to be considered estimates only that may change due to a variety of circumstances. 5/14/2019 Page 10 Spokane Walley 2020-2025 Six -Year Transportation Improvement Program Dollars in Thousands Project / Description / Current Status / Length Total Funding Sources 2020 2021 2022 2023 2024 2025 Total 31 Appleway Boulevard Stormwater Improvements Description: Improve stormwater facilities between University and Farr. Funded by Dept. of Ecology. Status: 2020 PE, 2021 CN, 2022 Closeout. 25% local match. Length (miles) 0.6 Funding Status: 1,000 Other State 106 631 13 750 City 36 210 4 250 Secured PE 142 8 Secured RW Secured CN 833 17 150 0 850 Total 142 841 17 1,000 32 Pines Road / Mission Avenue Intersection Improvement Description: A two -phased project with signal and channelization upgrades to improve capacity (Phase 1) and additional turn lanes on Pines (Phase 2). Status: Phase 1 funded by CMAQ for 2021 CN, potential for Developer funds via Mirabeau Subarea Traffic Study. Phase 2 is unfunded. Length (miles) Intersection 1,400 City 11 68 109 188 CMAQ 69 440 703 1,212 Funding Status: Partial PE 80 10 120 210 Partial RW 32 32 Partial CN 498 660 1,158 Total 80 508 812 1,400 33 Citywide Reflective Post Panels Description: Installation of reflective post panels to stop signs and speed limit signs on select streets. (Rounding errors present.) Status: 2019 PE, 2020 CN, 2021 Closeout. Length (miles) 0 Funding Status: 72 City HSIP 71 1 72 Secured PE RW Secured CN 1 71 1 1 0 72 Total 71 1 72 Projects and timeframes identified in the TIP are to be considered estimates only that may change due to a variety of circumstances. 5/14/2019 Page 11 Spokane Walley 2020-2025 Six -Year Transportation Improvement Program Dollars in Thousands Project / Description / Current Status / Length Total Funding Sources 2020 2021 2022 2023 2024 2025 Total 34 Citywide Reflective Signal Backplates Description: Installation of reflective backplate panels at select traffic signals. (Rounding errors present.) Status: 2019 PE, 2020 CN, 2021 Closeout. Length (miles) 0 Funding Status: 166 City HSIP 163 3 166 Secured PE 2 RW Secured CN 162 3 2 0 165 Total 163 3 166 35 Barker Road Improvement Project - Spokane River to 4,318 City 318 168 251 737 Euclid STBG 820 1,230 2,050 Description: FMSIB 520 780 1,300 Reconstruct and widen to 3 -lane urban section with shared -use path. HSIP 92 139 231 Pathway will extend from Spokane River to the Grade Separation Project. (Rounding errors present.) Status: Design ongoing. Length (miles) 0.5 Funding Status: Secured PE Secured RW Secured CN 188 130 1,600 2,400 188 130 4,000 Total 318 1,600 2,400 4,318 36 Sprague Avenue / Barker Road Intersection 1,471 City 140 653 278 1,071 Improvement CMAQ 231 118 349 Description: DEV 51 51 Provide new traffic signal or roundabout, per S. Barker Corridor Study. (Rounding errors present.) Status: Assume partial 2019 PE by City. Partial CMAQ funded for 2022 authorization, potential TIB candidate. Length (miles) Intersection Funding Status: Partial PE 86 Planned RW 106 106 Partial CN 86 212 778 396 1,174 Total 191 884 396 1,471 Projects and timeframes identified in the TIP are to be considered estimates only that may change due to a variety of circumstances. 5/14/2019 Page 12 Spokane Walley 2020-2025 Six -Year Transportation Improvement Program Dollars in Thousands Project / Description / Current Status / Length Total Funding Sources 2020 2021 2022 2023 2024 2025 Total 37 Mission Ave. Preservation - Mullan to University Description: Pavement preservation project with stormwater improvements as necessary. Status: Assumes 100% City funded (Fund 311). Length (miles) 0 Funding Status: 1,400 City 35 62 1,303 1,400 Planned PE 35 35 Planned RW 27 3 Planned CN 1,300 70 30 1,300 Total 35 62 1,303 1,400 38 South Sullivan Road Preservation - Sprague to South 3,800 City 60 686 14 760 City Limit Other 240 2,744 56 3,040 Description: Pavement preservation from Sprague to the South City Limit with signal and stormwater improvements as necessary. Status: Seeking funds, candidate for TIB or STBG preservation funding. Assumes 20% City match. Length (miles) 2 Funding Status: Planned PE Planned RW Planned CN 300 300 0 3,430 70 3,500 Total 300 3,430 70 3,800 39 Sprague Stormwater Improvements 2,000 Other State City Description: Drywell retrofits between University and Park. Funded by Dept. of Ecology. Status: 2021 PE, 2022 CN, 2023 Closeout. 25% Local match. Length (miles) 2 Funding Status: 74 1,398 28 1,500 24 466 10 500 Secured PE 98 2 100 RW 0 Secured CN 1,862 38 1,900 Total 98 1,864 38 2,000 Projects and timeframes identified in the TIP are to be considered estimates only that may change due to a variety of circumstances. 5/14/2019 Page 13 Spokane Walley 2020-2025 Six -Year Transportation Improvement Program Dollars in Thousands Project / Description / Current Status / Length Total Funding Sources 2020 2021 2022 2023 2024 2025 Total 40 Wilbur Road Sidewalk - Boone to Mission Description: Install sidewalk from Boone to Mission. Status: Pending funding. Length (miles) 0.3 Funding Status: 643 City 4 79 83 CDBG 41 519 560 Planned PE Planned RW Planned CN 45 19 64 21 21 558 558 Total 45 598 643 41 8th Avenue / Carnahan Road Intersection Improvement Description: Add intersection control (turn lanes, potential signal). Status: Assumes 20% City match. OTHER may be TIB, DEV or City. Length (miles) Intersection 1,250 City 35 215 250 Other 140 860 1,000 Funding Status: Planned PE Planned RW Planned CN 175 1,075 175 0 1,075 Total 175 1,075 1,250 42 Argonne Road Concrete Pavement - Indiana to 5,800 City 98 292 390 Montgomery STBG 633 1,877 2,510 Description: FMSIB 1,160 1,160 Reconstruct pavement in concrete and improve signal timing at Other 1,740 1,740 Montgomery. Status: Length (miles) 0.3 Funding Status: Planned PE Planned RW Planned CN 691 40 5,069 691 40 5,069 Total 731 5,069 5,800 Projects and timeframes identified in the TIP are to be considered estimates only that may change due to a variety of circumstances. 5/14/2019 Page 14 Spokane Walley 2020-2025 Six -Year Transportation Improvement Program Dollars in Thousands Project / Description / Current Status / Length Total Funding Sources 2020 2021 2022 2023 2024 2025 Total 43 Dishman-Mica Preservation - Schafer to S. City Limit Description: Pavement preservation project. Status: Assumes 100% City funded (Fund 311). Length (miles) 0 Funding Status: 1,300 City 25 25 1,250 1,300 Planned PE 25 25 Planned RW Planned CN 1,250 50 0 1,250 Total 25 25 1,250 1,300 44 8th Avenue / Barker Road Intersection Improvement Description: Provide new traffic signal or roundabout, per S. Barker Corridor Study. Status: Ongoing. Length (miles) Intersection 632 City 72 80 480 632 Funding Status: Planned PE Planned RW Planned CN 72 80 480 72 80 480 Total 72 80 480 632 45 Mullan Road Preservation - Broadway to Mission Description: Pavement preservation project, provide conduit for future ITS infill, traffic signals improvements at Mission. Status: Applying for STBG Preservation funds. Length (miles) 0.3 Funding Status: 1,400 City 42 147 189 STBG 267 944 1,211 Planned PE Planned RW Planned CN 149 160 1,091 149 160 1,091 Total 309 1,091 1,400 Projects and timeframes identified in the TIP are to be considered estimates only that may change due to a variety of circumstances. 5/14/2019 Page 15 Spol�ane Walley 2020-2025 Six -Year Transportation Improvement Program Dollars in Thousands Project / Description / Current Status / Length Total Funding Sources 2020 2021 2022 2023 2024 2025 Total 46 Mirabeau Parkway / Mansfield Avenue Intersection 905 City 120 110 230 Improvement CMAQ 25 650 675 Description: Intersection capacity improvements. Status: Potential for Developer funds via Mirabeau Subarea Traffic Study. Length (miles) Intersection Funding Status: Partial PE Planned RW Planned CN 120 120 25 75 100 685 685 Total 145 760 905 47 Barker Road Improvement Project - 1-90 to Appleway Description: Widen and improve to 5 -lane urban section. Realign east leg of Broadway. (Rounding errors present.) Status: Anticipated to follow 1-90 interchange improvements. Length (miles) 0.3 6,501 City 135 270 473 878 Other 865 1,730 3,028 5,623 Funding Status: Planned PE Planned RW Planned CN 1,000 2,000 1,000 2,000 3,500 3,500 Total 1,000 2,000 3,501 6,501 48 Flora Road - Euclid to Garland Description: Reconstruct to an urban arterial section in partnership with Spokane County Sewer Extension Status: Seeking funding, assume 20% City match. Length (miles) 0.6 Funding Status: 2,200 City 20 20 400 440 Other 80 80 1,600 1,760 Planned PE Planned RW Planned CN 100 100 100 100 2,000 2,000 Total 100 100 2,000 2,200 Projects and timeframes identified in the TIP are to be considered estimates only that may change due to a variety of circumstances. 5/14/2019 Page 16 Spokane Walley 2020-2025 Six -Year Transportation Improvement Program Dollars in Thousands Project / Description / Current Status / Length Total Funding Sources 2020 2021 2022 2023 2024 2025 Total 49 Cataldo Avenue Realignment at Barker Road Description: Realign Cataldo east of Barker to intersect Boone Ave., per adopted Planned Action Ordinance. Status: Planned project. Assume PAO contributions from Developers in the amount of 10%, City 40%, grants 50%. CN after 2025. Length (miles) 0 Funding Status: 600 City 20 120 100 240 DEV 5 30 25 60 Other 25 150 125 300 Planned PE Planned RW Planned CN 50 50 100 250 250 500 0 Total 50 300 250 600 50 Argonne Road & 1-90 Interchange Bridge Widening Description: Provide 3 lane bridge over 1-90 with sidewalks. Status: Price assumes bridge reconstruction, 20% City match, and CN after 2025. Length (miles) 0.1 Funding Status: 500 City 50 50 100 FMSIB STBG 200 200 400 Planned PE RW Planned CN 250 250 500 0 0 Total 250 250 500 51 Barker Road Improvement - Appleway to South City 2,854 City 46 340 386 Limits TIB 293 2,175 2,468 Description: Widen and improve roadway to 3 -lane urban section north of Sprague, and a 2 -lane urban section south of Sprague. Status: Identified in S. Barker Corridor Study. Length (miles) 0.8 Funding Status: Planned PE Planned RW Planned CN 326 326 13 13 25 2,502 2,502 Total 339 2,515 2,854 Projects and timeframes identified in the TIP are to be considered estimates only that may change due to a variety of circumstances. 5/14/2019 Page 17 Spokane Walley 2020-2025 Six -Year Transportation Improvement Program Dollars in Thousands Project / Description / Current Status / Length Total Funding Sources 2020 2021 2022 2023 2024 2025 Total 52 Park Road Preservation - Valleyway to Trent Description: Pavement preservation project. Status: Assumes 100% City funded (Fund 311). Length (miles) 0.8 Funding Status: 3,000 City 100 60 2,840 3,000 Planned PE Planned RW Planned CN 100 60 2,840 100 60 2,840 Total 100 60 2,840 3,000 53 8th Avenue / Park Road Intersection Improvement Description: Provide new traffic signal or roundabout. Status: Assume 2025 PE, 2026 ROW, 2027 CN. Length (miles) 0 400 City 60 20 80 DEV Other 240 80 320 Funding Status: Planned PE Planned RW Planned CN 300 300 100 100 0 Total 300 100 400 54 Appleway Trail - University to Dishman Mica Description: Construct shared -use path along Appleway Blvd, including northerly connection to City Hall on Dartmouth. Status: Planned project currently in its scoping phase. Length (miles) 0.9 Funding Status: 2,000 TAP 86 1,643 1,729 City 14 257 271 Planned PE Planned RW Planned CN 90 10 100 10 90 100 1,800 1,800 Total 100 1,900 2,000 Projects and timeframes identified in the TIP are to be considered estimates only that may change due to a variety of circumstances. 5/14/2019 Page 18 Spokane Walley 2020-2025 Six -Year Transportation Improvement Program Dollars in Thousands Project / Description / Current Status / Length Total Funding Sources 2020 2021 2022 2023 2024 2025 Total 55 Flora Road / Trent Avenue (SR 290) Intersection 100 City 20 20 40 Improvement DEV 5 5 10 Description: Other 25 25 50 Provide new signal or roundabout, per adopted Planned Action Ordinance. Assume ROW & CN after 2025. Status: Planned project. Assume PAO contributions from Developers in the amount of 10%, City 40%, grants 50%. Length (miles) 0 Funding Status: Planned PE Planned RW Planned CN 50 50 100 0 0 Total 50 50 100 56 Sullivan Road / SR 290 Interchange Reconstruction Description: Reconstruct interchange to improve safety and capacity. Status: Assume partial PE in 2024-2025. Length (miles) 0 Funding Status: 250 Other 125 125 250 Planned PE Planned RW Planned CN 125 125 250 0 0 Total 125 125 250 57 Sullivan Road / Kiernan Avenue Intersection 50 City 10 10 Improvement Other 40 40 Description: Improve channelization and signal operations at intersection and reconstruct intersection with concrete. Status: Planned PE in 2025. Assume 20% City match. Length (miles) 0 Funding Status: Planned PE Planned RW Planned CN 50 50 0 0 Total 50 50 Projects and timeframes identified in the TIP are to be considered estimates only that may change due to a variety of circumstances. 5/14/2019 Page 19 Spol�ane Walley 2020-2025 Six -Year Transportation Improvement Program Dollars in Thousands Project / Description / Current Status / Length Total Funding Sources 2020 2021 2022 2023 2024 2025 Total 58 Sullivan Road / Marietta Avenue Intersection 50 City 10 10 Improvement Other 40 40 Description: Improve channelization and signal operations and reconstruction intersection with concrete. Status: Planned PE in 2025. Length (miles) 0 Funding Status: Planned PE 50 50 Planned RW 0 Planned CN 0 Total 50 50 59 Pines Road (SR -27) / 16th Avenue Intersection 100 City 50 50 Improvement DEV 50 50 Description: Other Add intersection traffic control. Status: Pending funding to improve five -leg intersection. Length (miles) Intersection Funding Status: Planned PE 100 100 Planned RW 0 Planned CN 0 Total 100 100 60 Barker Road / Boone Avenue Intersection Improvement Description: Provide new signal or roundabout, per adopted Planned Action Ordinance. Assume ROW & CN after 2025. Status: Planned project. Assume PAO contributions from Developers in the amount of 10%, City 40%, grants 50%. Length (miles) 0 Funding Status: 50 City 20 20 DEV 5 5 Other 25 25 Planned PE 50 50 Planned RW 0 Planned CN 0 Total 50 50 Projects and timeframes identified in the TIP are to be considered estimates only that may change due to a variety of circumstances. 5/14/2019 Page 20 Spokane Walley 2020-2025 Six -Year Transportation Improvement Program Dollars in Thousands Project / Description / Current Status / Length Total Funding Sources 2020 2021 2022 2023 2024 2025 Total 61 Broadway Avenue - Flora to Barker Description: Extend 3 -lane urban section to Barker Rd and realign connection east of Barker. Status: Possible partnership with WSDOT. Length (miles) 5E Funding Status: 80 City 16 16 Other 64 64 Planned PE 80 80 Planned RW 0 Planned CN 0 Total 80 80 62 Barker Road - Mission to Interstate 90 Description: Widen and improve roadway to 5 -lane urban section. Improvements to the Boone intersection are identified separately. Status: Planned project for 2025 PE. Assume PAO contributions from Developers in the amount of 10%, City 40%, grants 50%. Length (miles) 0.3 200 City 80 80 DEV 20 20 Other 100 100 Funding Status: Planned PE 200 200 Planned RW 0 Planned CN 0 Total 200 200 Totals: 8,668 9,331 117,357 135,356 14,222 20,991 24,934 29,200 20,001 26,013 135,361 Projects and timeframes identified in the TIP are to be considered estimates only that may change due to a variety of circumstances. 5/14/2019 Page 21 1. thru 14. 2020 Closeout Projects 7 Spvkan'•`, .0000Valley 10 3) 112 3,00D 5,00D '2,0M ; Fast 2020 1 jig a4 ———r tkti r — r •, - + 1 .• 2021 2022 L 2023 2024 2025 Project Description: Projects must remain in the TIP until all contract documents are complete. 2019 construction projects have potential to roll into 2020 and are conservatively included herein to avoid future amendments to the TIP in 2020. The full list of 2020 Closeout Projects is identified in the 2020-2025 TIP Report. Closeout costs are assumed to be 2% of the CN -phase total cost and cost estimate below is the sum of the applicable phase costs indicated in the 2020-2025 TIP Report. Phase: Preliminary Engineering (Closeout), Construction (Closeout) Cost Estimate: Preliminary Engineering (PE) 18,000 (One PE -Only Project) Right of Way (RW) 0 Construction (CN) 332,000 Total Cost (2020-2025) $ 350,000 15. North Sullivan Road ITS Project ens ��re W1 McDonald Rd Mirabeauo cc w Wellesley Ave Progress Rd TrentAve cc Euclid Ave °IMar+etta p`a e 40000 Val ley Mansfie Ave Indiana Ave • 0 0 `a) SF wb Adams Rd Broadway Ave 6,009.1 Vangskofsy Ave 2020 2021 90 eb 2022 2023 2024 2025 Project Description: Installation of conduit and extension of the fiber optic lines and controls for the continuation of the Intelligent Transportation System (ITS) along Sullivan Road from 1-90 to Trent Ave. (SR 290). Phase: Construction Cost Estimate: Preliminary Engineering (PE) 0 Right of Way (RW) 0 Construction (CN) 709,000 Total Cost (2020-2025) $709,000 16. Barker Road / BNSF Grade Separation eSp°kan• ►-.. p Project,0.0 Val ley 5i r•—•\ 0 80 160 320 480 Feet 1.11. P� e 2020 2021 2022 2023 2024 2025 Project Description: Grade separate Barker Road from the BNSF Railway tracks and improve the intersection at Trent Avenue (SR 290). Phase: Preliminary Engineering, Right of Way, Construction Cost Estimate: Preliminary Engineering (PE) 119,000 Right of Way (RW) 1,273,000 Construction (CN) 21,033,000 Total Cost (2020-2025) $22,425,000 17. Pines Road (SR 27 / BNSF Grade Separation Pokan'' e�``' p .r . Val1ey 112 X370 Feat 2020 2021 2022 2023 2024 2025 Project Description: Grade separate Pines Road (SR 27) from the BNSF Railway tracks and improve the intersection at Trent Avenue (SR 290). Phase: Preliminary Engineering, Right of Way, Construction Cost Estimate: Preliminary Engineering (PE) 1,250,000 Right of Way (RW) 4,200,000 Construction (CN) 22,075,000 Total Cost (2020-2025) $27,525,000 18. Sullivan Road / Wellesley Ave. Intersection E Wellesley Ave 15 ix 0 10 20 40 60 Feet I i I I i I 2020 2021 2022 Project Description: Improve intersection with traffic signal. Phase: Right of Way, Construction Cost Estimate: Preliminary Engineering (PE) Right of Way (RW) Construction (CN) Total Cost (2020-2025) ,�� Val ley 2023 2024 2025 0 108,000 1,052,000 $1,160,000 19. Adams Road Sidewalk �� Val ley S Warren Rd E 14th Ave E 17th Ave -s ct ce m E 18th AveCZ a CO 11. wE19thA� 43 Z-• 47 42 64s.000 nq y 'Icie br E 20th Ct m U 0 275 556 1.100 01,650 Feet 1 1 2020 2021 2022 2023 2024 2025 Project Description: Install new sidewalk to complete a gap along the east side of Adams Road from 16th Avenue to 22nd Avenue. Phase: Preliminary Engineering, Construction Cost Estimate: Preliminary Engineering (PE) 16,000 Right of Way (RW) 0 Construction (CN) 429,000 Total Cost (2020-2025) $445,000 20. Conklin Road Sidewalk E-Riceiand Ln S Bet:en Ln E Birch Ln 0 87.6 176 E Sp -fp ce L n62, Feet J a) cri0 Spvkan'`� .0,0Val ley 2020 2021 2022 2023 2024 2025 fProject Description: Install new sidewalk to complete a short gap along the west side of Conklin Road from the Appleway Trail to Riceland Lane. Phase: Preliminary Engineering, Construction Cost Estimate: Preliminary Engineering (PE) 0 Right of Way (RW) 0 Construction (CN) 76,000 Total Cost (2020-2025) $76,000 21. Ella Road Sidewalk Spvkan'`� . Val ley 5c 150 380 c70 Feet E Broadway Ave E Alki Ave 2020 2021 2022 2023 2024 2025 fProject Description: Install new sidewalk to complete a gap along the west side of Ella Road from Broadway Avenue to Alki Avenue. Phase: Preliminary Engineering, Construction Cost Estimate: Preliminary Engineering (PE) 0 Right of Way (RW) 0 Construction (CN) 354,000 Total Cost (2020-2025) $354,000 22. Broadway Avenue - Havana to Fancher ,�� Val ley E Mission Ave E .Trent Ade E DesmetAve E CataldoAve E Mallon Ave 0 550 1,100 NEPaciiftcAve E 1 st34t E 2ndi Ave 2020 2021 2022 2023 2024 2025 Project Description: Pavement preservation project, including stormwater improvements. Phase: Construction Cost Estimate: Preliminary Engineering (PE) Right of Way (RW) Construction (CN) Total Cost (2020-2025) 0 0 2,200,000 $2,200,000 23. Indiana Avenue - Evergreen to Sullivan ,�� Va11ey 2020 2021 2022 2023 2024 2025 Project Description: Pavement preservation project, including stormwater and signal improvements as necessary. Phase: Preliminary Engineering, Construction Cost Estimate: Preliminary Engineering (PE) Right of Way (RW) Construction (CN) Total Cost (2020-2025) 10,000 0 1,900,000 $1,910,000 580 870 Feet 24. 8th Avenue - Progress to Sullivan N 0 0 N 0 145 290 ' E 91th'Ave' E 9th Ave 2020 2021 .000Valley 2022 2023 2024 2025 Project Description: Pavement preservation project, including possible sidewalk and stormwater upgrades. Project includes a partnership with Vera Water & Power for sidewalk extension along Vera's frontage. Phase: Preliminary Engineering, Construction Cost Estimate: Preliminary Engineering (PE) 5,000 Right of Way (RW) 0 Construction (CN) 650,000 Total Cost (2020-2025) $655,000 25. Street Preservation Projects - Annual 11� IFS 4-' +�►- li 1.r i # ♦ i � r - Spvkan'`� .0,I0 Val ley -- it Ili . I : � 1 1 n 1' 1 0 x,500 7,000 14,000 21,000 Feet` "1. • 2020 Legend CPCI_17 Poor Fair Goad 1 2021 1 2022 2023 2024 2025 Project Description: Pavement preservation projects citywide, typically located on arterial or collector streets; or funds can be used as local match for grant programs. Funds are provided via Fund 311. 2020 projects are identified within TIP. Phase: Preliminary Engineering, Construction Cost Estimate: Preliminary Engineering (PE) Right of Way (RW) Construction (CN) Total Cost (2020-2025) 500,000 0 17,500,000 $18,000,000 ($3.6 million annually) 26. Local Access Street Improvements - Annual II_ ... r� Spvkan'`� . Val ley 6 3,544 7,666 N 14,000 2020 2021 1 2022 Project Description: Pavement preservation projects citywide, prioritized to improve neighborhood streets (typically classified as local access streets but may also include higher functional classifications). Current funding is generated by the City's Street Wear Fee alone, estimated at $1.5 million annually. Project types vary depending on the condition of the pavements (surface treatments, grind/inlays, reconstruction). Legend CPCI_1 7 Poor Fair Good 2023 2024 2025 Phase: Preliminary Engineering, Construction Cost Estimate: Preliminary Engineering (PE) 600,000 Right of Way (RW) 0 Construction (CN) 8,400,000 Total Cost (2020-2025) $9,000,000 ($1.5 million annually) 27. Citywide Safety Projects - Biennial 11 -s ,. 1 1 1 - 1; -u 1 .1 • 1 11 _11 • .• '-.1 1 •'' •--''• l ••'• �. i� r +1 ' 1 1 J 1 � 1 _ f SI vkan! 40 Val ley — 1- ; • f .-+ _ _ I '• 7 II Nf •. • 0 3.200 6.400 12.800 2020 1 ► •_ • ■ 11 1 19.40 Feet 11 1.. , 1 — ► 1 .y.1 Legend Safety Priority 1 Streets Safety Priority 2 Streets 2021 1 2022 2023 2024 2025 Project Description: Federally funded calls -for -projects occurring in even -numbered years. Projects are assumed to be low-cost, citywide, systemic improvements but can also be larger, spot -specific projects. 2020 projects are identified specifically in TIP. Primary funding source is the Highway Safety Improvement Program (HSIP). Project schedule and budget assumes project implementation in odd -numbered years and project design and/or closeout in even numbered years. Phase: Preliminary Engineering, Right of Way, Construction Cost Estimate: Preliminary Engineering (PE) 50,000 Right of Way (RW) 0 Construction (CN) 450,000 Total Cost (2020-2025) $500,000 28. Park Road / Mission Avenue Intersection N Bowman Rd 90 180 I i I E Missian Ave a: Y <4 270 Feet J 2020 2021 2022 ,�� Val ley 2023 2024 2025 Project Description: Improve channelization and signal operations, minor stormwater upgrades as necessary. Phase: Preliminary Engineering, Right of Way, Construction Cost Estimate: Preliminary Engineering (PE) Right of Way (RW) Construction (CN) Total Cost (2020-2025) 100,000 60,000 1,540,000 $1,700,000 29. Sullivan Road Bridge Deck Resurfacing Spvkan'`� ley 2020 2021 2022 2023 2024 2025 Project Description: Resurface existing bridge deck for Sullivan Road northbound over UPRR tracks. Phase: Preliminary Engineering, Construction Cost Estimate: Preliminary Engineering (PE) 68,000 Right of Way (RW) 0 Construction (CN) 270,000 Total Cost (2020-2025) $338,000 30. Evergreen Road - Sprague to Mission _ Val1ey E N ora Ave E 90 Fey h0'f� na Ave Boone Ave w U N Pines R d E Gataldo Ave E Broadway Ave O 0 E Alki Ave E Valleyway Ave E Main Ave 0 700 1,400 IX 'L7 41 c � o m Z800 La 4,20© Feet 5 1,11E 6th Av e E Sprague Ave E 3rd Ave E 4th Ave 2020 2021 2022 2023 2024 2025 Project Description: Pavement preservation project, including minor stormwater and signal improvements as necessary. Phase: Preliminary Engineering, Right of Way, Construction Cost Estimate: Preliminary Engineering (PE) Right of Way (RW) Construction (CN) Total Cost (2020-2025) 80,000 0 1,420,000 $1,500,000 31. Appleway Boulevard Stormwater Improvements SOOkan�``'' , .. Va11ey E Nixon Ave Main Ave N Su to -73 s � o. -> 0 360 720 N p' 9> E6th Ave 1.4-40 2,160 Feet E Archery Avc E 8th Ave 2020 2021 2022 2023 2024 2025 Project Description: Improve stormwater facilities between University Road and Farr Road. Phase: Preliminary Engineering, Construction Cost Estimate: Preliminary Engineering (PE) Right of Way (RW) Construction (CN) Total Cost (2020-2025) 150,000 0 850,000 $1,000,000 32. Pines Road / Mission Avenue Intersection ,�� Val ley k", 90 Bch Opp EM ssionAve E Maxwell Ave 100 4u 000 Feet N Houk Rd 2020 2021 2022 2023 2024 2025 Project Description: A two -phased project to improve signal timing and add turn lanes to improve intersection capacity. Phase 1 revises channelization and signal operations on Mission Avenue and adds a second left turn lane for eastbound Mission Ave. Phase 2 includes the addition of a Pines Road southbound right turn lane on to Mission Ave. Phase 1 is scheduled for 2020-2021 and Phase 2 is unfunded. Based on the improvements associated with Phase 1, the timing or scope of Phase 2 may be altered. Phase: Preliminary Engineering, Right of Way, Construction Cost Estimate: Preliminary Engineering (PE) Right of Way (RW) Construction (CN) Total Cost (2020-2025) Phase 1 Phase 2 Total 90,000 120,000 210,000 0 32,000 32,000 498,000 660,000 1,158,000 $588,000 $812,000 $1,400,000 r1 33. Citywide Reflective Post Panels Sr t 1! � 1 t_1 ::1(j d1+ yRrtej _ • • --M.1` E ❑ • •1 = {+- 1 1 ` 0. 1 - -1 1 -t 1_- . -1+J 7 - - 1 0 3,350 6,700 13,400 2071Q0Zeet 2020 2021 mlm 1 ` • Ei - -1 Spvkan'`� .0,00 Val ley I. — r : + + r r A • 1 ti 1 n 2022 2023 Legend E Priorityl_StopSigns 35MPH_Priarity 1_Signs • Priority2_StopSigns 2024 2025 Project Description: Installation of reflective panels on stop sign posts and speed limit sign posts on select streets. Phase: Preliminary Engineering, Construction Cost Estimate: Preliminary Engineering (PE) 1,000 Right of Way (RW) 0 Construction (CN) 71,000 Total Cost (2020-2025) $72,000 34. Citywide Reflective Signal Backplates o 0 Spvkan'`� .0,00 Val ley -•-, ._..,-• r, • .c a N • • 7 J� rJ 1 rt 3, 350 5,700 � I • 1 1 1 1 1 1 J 1 ✓ 1 1 Y 13,400 2571 0 eet •` 1 2020 ' 2021 2022 2023 Legend • Citywide Signal Backplates Safety Priority 1 Streets Safety Priority 2 Streets 0 2024 2025 Project Description: Installation of reflective backplate panels at select traffic signal locations. Phase: Preliminary Engineering, Construction Cost Estimate: Preliminary Engineering (PE) 2,000 Right of Way (RW) 0 Construction (CN) 165,000 Total Cost (2020-2025) $167,000 35. Barker Road - Spokane River to Euclid N w z E Montgomery Ave cr ;5 EsahannOrioAve EEuclidAve z m � 3 c_ m Z k`4y E Marietta Ave c�y�ry 4. O y EJack � pc OtIve Emontg z 3 cn E Buckeye Ave ,�� Val ley 2,550 Feet 2020 2021 2022 2023 2024 2025 2 0 Project Description: Reconstruct Barker Road to 3 -lane urban section with a shared -use pathway. The shared -use pathway will extend from the Spokane River and connect to the grade separation project at Trent Avenue. Phase: Preliminary Engineering, Right of Way, Construction Cost Estimate: Preliminary Engineering (PE) Right of Way (RW) Construction (CN) Total Cost (2020-2025) 188,000 130,000 4,000,000 $4,318,000 36. Sprague Avenue / Barker Road Intersection .0,00 Val ley Sr 720 Feet I I .10 CC L 6.6. 16 CO z E Sprague Ave S Barker Rd E 2nd Ave 2020 2021 2022 2023 2024 2025 Project Description: Improve intersection with traffic signal or roundabout as part of overall improvements to the Barker Corridor in order to accommodate current and planned development. Phase: Preliminary Engineering, Right of Way, Construction Cost Estimate: Preliminary Engineering (PE) Right of Way (RW) Construction (CN) Total Cost (2020-2025) 86,000 212,000 1,174,000 $1,472,000 37. Mission Avenue - MuIlan to University E Montgomery Ave ,�� Val ley E Knox Ave +r aargent rca N Mary Z 0_ Sinto Ave a ct z E Cataldo Ave El gq FwY E Nora Ave a 4G `v_E Mission,Ave N 0 500 1,000 2,000 3,000 Feet z re 0 0 z N Hera Id Rd a o m E sharp Ave L a z m E Broadway Ave 2020 2021 2022 z E Boone Ave ac a z 2023 2024 2025 Project Description: Pavement preservation project with stormwater and signal upgrades as necessary. Phase: Preliminary Engineering, Right of Way, Construction Cost Estimate: Preliminary Engineering (PE) Right of Way (RW) Construction (CN) Total Cost (2020-2025) 70,000 30,000 1,300,000 $1,400,000 38. Sullivan Road - Sprague to South City Limit E Broadway Ave 0 EMain Ave g z E Sprague Ave N N E Valleyway Ave E Alki Ave .0,00 Val ley Ct E ay P,`ie E 1169 z _._. fIi w - vrl f E 26th Ave 4.- E Skyview 've E 31st Ave E 10thAve E 4th Ave E 8th Ave E 12th Ave Er) 0 J y Ts E 16th Ave E 03 U) E 24th Ave E 20th Ave s 0' m 3 m N 0:. V) 5.600 8,40-0 FeetE 36th Ave in I ed I. s0) ;aa S CO S Barker Rd Toth Ave 2020 2021 1 2022 2023 2024 2025 Project Description: Pavement preservation project with stormwater and signal upgrades as necessary. Phase: Preliminary Engineering, Construction Cost Estimate: Preliminary Engineering (PE) Right of Way (RW) Construction (CN) Total Cost (2020-2025) 300,000 0 3,500,000 $3,800,000 39. Sprague Avenue Stormwater Improvements Pokane�``' p .0,000Valley E Nara Ave N E 2n d;A_ ve E•3rd Ave•° E Sth Ave E fith Ave z E Alki Ave E -Sprague Ave 4p pple.! ay:glvd m u. • 0) N LL z cc E9th Ave 0 1,150 Z300 4,600 6,900 Feet I 1 • I N Wo E Mission Ave N N Felts Rd N N E Valleyway Ave E Main Ave 2020 2021 2022 2023 E4th Ave E 8th Ave E 1 Oth Ave E 1 2th Ave S Oberlin Rd C z S Bowdish Rd E 17th Ave E 19th Ave E 20th Ave 2024 2025 fProject Description: Improve stormwater facilities, including drywell retrofits, between University Road and Park Road. Phase: Preliminary Engineering, Construction Cost Estimate: Preliminary Engineering (PE) Right of Way (RW) Construction (CN) Total Cost (2020-2025) 100,000 0 1,900,000 $2,000,000 800 0 200 40 40. Wilbur Road Sidewalk ,�� Val ley N Skipworth GI E Sinto Ave E Sinto Ln �° s 0 Ce m CO 1.200 Kat 2020 2021 z EBoone Ave 2022 2023 —J O CC z N Perrine Rd 2024 2025 Project Description: Install sidewalk from Boone Avenue to Mission Avenue to complete sidewalk connection on a designated Safe Route to School. Phase: Preliminary Engineering, Right of Way, Construction Cost Estimate: Preliminary Engineering (PE) 64,000 Right of Way (RW) 21,000 Construction (CN) 558,000 Total Cost (2020-2025) $643,000 41. 8th Avenue / Carnahan Road Intersection Spvkan'`� iii••••O Val ley cc E 8th Ave 0 100 200 300 Feet I I I U 2020 2021 2022 2023 2024 2025 Project Description: Improve intersection control (i.e. turn lanes and/or signal). Phase: Preliminary Engineering, Construction Cost Estimate: Preliminary Engineering (PE) Right of Way (RW) Construction (CN) Total Cost (2020-2025) 175,000 0 1,075,000 $1,250,000 E Montgomery Ave its Y I. n z h 0 170 340 680 1,020 Feet I I i I i I i I 42. Argonne Road - Indiana to Montgomery Spvkan'`, _rVal ley 2020 2021 2022 2023 2024 2025 Project Description: Reconstruct Argonne Road in reinforced concrete, improve channelization and signal operations at Montgomery, and provide stormwater upgrades as necessary. Phase: Preliminary Engineering, Right of Way, Construction Cost Estimate: Preliminary Engineering (PE) Right of Way (RW) Construction (CN) Total Cost (2020-2025) 691,000 40,000 5,069,000 $5,800,000 43. Dishman Mica Road - Schafer to S. City Limit SPokan'' e�``'' ter. Valley E 30th Ave E 31 st Av e .y cn E 44th Ave E 46th Ave a� Rd Ferret Dr 0) 0 875 1,750 3,500 I I I I 5!250 Feet Bowdish Rd e ABth Ave E 32nd Ave S � co 7'0 Lira 38Th Ave CC v� 3 0 0 co E 40th Ave 2020 2021 2022 2023 2024 2025 Project Description: Pavement preservation project from the intersection of Schafer Road/University Road to the city's southerly boundary. Phase: Preliminary Engineering, Construction Cost Estimate: Preliminary Engineering (PE) Right of Way (RW) Construction (CN) Total Cost (2020-2025) 50,000 0 1,250,000 $1,300,000 F R 44. 8th Avenue / Barker Road Intersection J O1 U) (0m E 9th Ave E 10th Ave E 9th Ct m °''61Q 0 150 300 600 900 Feet vee th Ave N co Spvkan'`� . Val ley S McMillan Rd Ir• 2020 2021 2022 2023 2024 2025 Project Description: Improve intersection with traffic signal or roundabout. Phase: Preliminary Engineering, Right of Way, Construction Cost Estimate: Preliminary Engineering (PE) 72,000 Right of Way (RW) 80,000 Construction (CN) 480,000 Total Cost (2020-2025) $632,000 45. MuIlan Road - Broadway to Mission s19d rwy E90 E287 OFF Ramp ,�� Val ley E Mission Ave tx as ♦N CO x N E Sinto Ave E Boone Ave E Cataldo Ave 0 380 760. A ki b52a Y A e� E Broadway Ave 2 z 2 1 C.;') z 2,280 Feet v a N Walnut Rd N Herald Rd 2020 2021 2022 2023 2024 2025 Project Description: Pavement preservation project, including ITS conduit and improvements to stormwater and signals as necessary. Phase: Preliminary Engineering, Right of Way, Construction Cost Estimate: Preliminary Engineering (PE) Right of Way (RW) Construction (CN) Total Cost (2020-2025) 149,000 160,000 1,091,000 $1,400,000 46. Mirabeau / Mansfield Intersection ,�� Val ley E0 100 1E0 Feet I I I 2020 2021 2022 2023 2024 2025 Project Description: Improve intersection traffic control as surrounding area continues to develop. Phase: Preliminary Engineering, Right of Way, Construction Cost Estimate: Preliminary Engineering (PE) 120,000 Right of Way (RW) 100,000 Construction (CN) 685,000 Total Cost (2020-2025) $905,000 E 1 90 W293 Ot+1 Ra'V E r 90 E293 OFF %Mp E 1 90 Fwy `�qg3 Q� RamP E Broadway Ave 47. Barker Road - 1-90 to Appleway .00•10Val ley owkev pue E corbin P1 0 225 450 aNN pv e le ■r t "= 2020 2021 2022 2023 2024 Project Description: Widen Barker Road to a 5 -lane urban section. Phase: Preliminary Engineering, Right of Way, Construction Cost Estimate: Preliminary Engineering (PE) Right of Way (RW) Construction (CN) Total Cost (2020-2025) 1,000,000 2,000,000 3,500,000 $6,500,000 2025 48. Flora Road - Euclid to Garland ,�� Val ley E Trent Ave n n 1 ° E Industrial Park D St Industrial Park A St E Industrial Park 8 St E Industrial Park C St E Industrial Park E St N Industrial Park 5th St n ` Ea,ctetta Ave 0 550 1.100 2.21010 3.300 Feet a els0 rE Dalton Ave N Tsc hirley Rd r.+ c/) w z 2020 2021 2022 2023 2024 2025 Project Description: Widen Flora Road to a 3 -lane urban section in partnership with Spokane County sewer extension. Project's north limits will connect to the 2019 construction of Garland Avenue. Phase: Preliminary Engineering, Right of Way, Construction Cost Estimate: Preliminary Engineering (PE) Right of Way (RW) Construction (CN) Total Cost (2020-2025) 100,000 100,000 2,000,000 $2,200,000 49. Cataldo Avenue Realignment at Barker Road SPokan' e�``' g .r�00 Val1ey c°°ne Pkv e 0 90 180 360 540 Feet e I go S293 014 2020 2021 2022 2023 2024 2025 Project Description: Realign Cataldo Ave. east of Barker to intersect Boone Ave. as a part of the I- 90 interchange improvements. Phase: Preliminary Engineering, Right of Way Cost Estimate: Preliminary Engineering (PE) 100,000 Right of Way (RW) 500,000 Construction (CN) 0 Total Cost (2020-2025) $600,000 50. Argonne & 1-90 Interchange Bridge WideningSPokan'' e�``' g g � . Va11ey w s%go FWV rn Q Er 90E287OFfi&aenp wI 0 90 190 360 510 Feet E 190 W287 OFF Ramp z m 7C 0 rm. a E 1 90 E267 RamP kr� 2020 2021 2022 2023 2024 2025 Project Description: Reconstruct and widen Argonne Road bridge over 1-90 to accommodate three southbound lanes and improved pedestrian access across the bridge. Phase: Preliminary Engineering Cost Estimate: Preliminary Engineering (PE) 500,000 Right of Way (RW) 0 Construction (CN) 0 Total Cost (2020-2025) $500,000 51. Barker Road - Appleway to South CityLimitsPokan�``' , u Va11ey N Flora Rd m E 3rd Ave ce) E 5th Ave E Alki Ave 0 v z E fith Ave 0 0 a N oadway Ave ieaY pole Y Derry pr E lz Etot °nAve E Sprague Ave C CD 0 2 un E 4th Ave E 9th Ave 0 ?EO 1.EOO 8.000 4.EO0 Feet treE 8th Ave E 2nd Ave E 12th Ave E11thAve E 15th Ave 1 2020 2021 Project Description: Widen Barker Road to a 3 -lane urban section. 2022 2023 2024 2025 Phase: Preliminary Engineering, Right of Way, Construction Cost Estimate: Preliminary Engineering (PE) Right of Way (RW) Construction (CN) Total Cost (2020-2025) 326,000 25,000 2,502,000 $2,854,000 52. Park Road - Valleyway to Trent (SR 290) Marietta Ave OC 0 E-"entpve... E Montgomery Ave __ rValley E Knox Ave v N z v 2 E Sharp Ave as V 2 N Lake Rd 2 E Dean Ave tY Ct m en w z z E Mission Ave z N Bradley Rd 3600 2E0 Feet 12nd Ave Yj E Indiana Ave E Nora Ave *44 gd OC � w 7 z z EiBroadway Ave E Alki Ave E Valleyway Ave E Sprague Ave m E Sinto Ave'7g E Boone Ave Q z N Bessie Rd N Sargent Rd IX m `m z E Main Ave E Appleway Blvd 2 z N Willow Rd N Locust Rd N Farr Rd E1st Ave L 2020 2021 2022 2023 2024 2025 Project Description: Pavement preservation project from Valleyway to Trent. Phase: Preliminary Engineering, Right of Way, Construction Cost Estimate: Preliminary Engineering (PE) Right of Way (RW) Construction (CN) Total Cost (2020-2025) 100,000 60,000 2,840,000 $3,000,000 ,f0 100 200 C i C 53. 8th Avenue / Park Road Intersection E 8th Av e S Edgerton Ln Faat .00•10Val ley E 7th Ln S Edgerton Rd 2020 2021 2022 2023 2024 2025 Project Description: Improve intersection with traffic signal or roundabout. Phase: Preliminary Engineering, Right of Way Cost Estimate: Preliminary Engineering (PE) 300,000 Right of Way (RW) 100,000 Construction (CN) 0 Total Cost (2020-2025) $400,000 54. Appleway Trail - University to Dishman Mica ,�� Val ley E Alki Ave N Willow Rd N Locust Rd E 1st Ave Iss u_ (13 LJ - z N Walnut Rd E Sprague Ave E 8th Ave 0 500 1,000 2040 _ ?,000 Feet I I I Walnut Rd 2 rn Tv z N Raymond Rd N University Rd E 4th Ave -0 cC 1 m rn E 9th Ave E VaileywayAve E Main Ave E 3rd Ave E 6th Ave E 7th Ave cc m u 1 CD e us E 1 Oth Ave 2020 2021 2022 2023 2024 2025 Project Description: Construct a shared -use pathway along Appleway Blvd., including a northerly connection to City Hall on Dartmouth Road. Phase: Preliminary Engineering, Right of Way, Construction Cost Estimate: Preliminary Engineering (PE) Right of Way (RW) Construction (CN) Total Cost (2020-2025) 100,000 100,000 1,800,000 $2,000,000 55. Flora Road / Trent Avenue (SR 290) Intersection Sp°Kan•`►-.. .0,00Val ley 60 120 24-0 360 Feet E Tre nt Ave 2020 2021 2022 2023 2024 2025 Project Description: Provide a new signal or roundabout at intersection, per adopted Planned Action Ordinance. The south leg of Flora Road will be closed as part of the Barker Road/BNSF Grade Separation project and is excluded from this scope of work. Phase: Preliminary Engineering Cost Estimate: Preliminary Engineering (PE) 100,000 Right of Way (RW) 0 Construction (CN) 0 Total Cost (2020-2025) $100,000 56. Sullivan Road / SR 290 Interchange N Lucille Rd E H eroy Ave E Longfellow Ave ,�� Val ley E Yre nt Ave 0 275 550 1100 1.650 Feet N 1 E Kiernan Ave E Industrial Park A St E Industrial Park B St 2020 2021 2022 2023 2024 1 2025 fProject Description: Reconstruct interchange to improve safety and capacity. Traffic study and interchange alternative evaluation in 2019. Assumed PE start in 2024. Phase: Preliminary Engineering Cost Estimate: Preliminary Engineering (PE) 250,000 Right of Way (RW) 0 Construction (CN) 0 Total Cost (2020-2025) $250,000 r 2025 57. Sullivan Road / Kiernan Avenue Intersection ,�� Val ley 300 15 E Kiernan Ave m 46 J Feet rn z 2020 2021 2022 2023 2024 Project Description: Reconstruct intersection with reinforced concrete and improve channelization and signal operations. Phase: Preliminary Engineering Cost Estimate: Preliminary Engineering (PE) 50,000 Right of Way (RW) 0 Construction (CN) 0 Total Cost (2020-2025) $50,000 58. Sullivan Road / Marietta Avenue Intersection Spokane _.Val ley 0 60 120 240 3,30 Feet E Marietta Ave 0 z 2020 2021 2022 2023 2024 2025 Project Description: Reconstruct intersection with reinforced concrete and improve channelization and signal operations. Phase: Preliminary Engineering Cost Estimate: Preliminary Engineering (PE) 50,000 Right of Way (RW) 0 Construction (CN) 0 Total Cost (2020-2025) $50,000 59. Pines Road (SR 27 / 16th Avenue Intersection SPokan'' e�`"'' tri Va11ey Z, ulIIuII R[] CC S Houk Rd E 14th Ave E 13th Ave E 15th Ave E 1 fith Ave co 1 0 190 380 760 1.140 Feet N E h 9th.Avv' 1 2020 2021 2022 2023 2024 2025 Project Description: Improve 5 -leg intersection design and traffic control. Phase: Preliminary Engineering Cost Estimate: Preliminary Engineering (PE) 100,000 Right of Way (RW) 0 Construction (CN) 0 Total Cost (2020-2025) $100,000 60. Barker Road / Boone Avenue Intersection Spokan�```' __ rValley E 5into Ave 3014 Re r111) ` �a 0 120 240 480 720 Feet 2020 2021 2022 2023 2024 2025 Project Description: Provide a new signal or roundabout at intersection, per adopted Planned Action Ordinance, as a part of the 1-90 interchange improvements. Phase: Preliminary Engineering Cost Estimate: Preliminary Engineering (PE) 50,000 Right of Way (RW) 0 Construction (CN) 0 Total Cost (2020-2025) $50,000 61. Broadway Avenue - Flora to Barker ,�� Val ley stn et Ct u, m E Mission Ave Q ESintoAve E Sharp Avf�aoone Ave E Cataldo Ave E Broadway Ave 0.' E ValleywayAve 0 1 z CC c 1 O E iwoell ay pv � Co,N1eY �,ve 0 625 1,250 2.500 3,750 Feet E 31d,AYe CC as c O n E Sprague Ave 2 rn E 2nd Ave 2020 2021 2022 2023 2024 2025 Project Description: Improve Broadway to a 3 -lane urban section and realign the east leg of the Barker / Broadway intersection. Schedule assumes that project will begin after WSDOT's completion if its I-90/Barker Road interchange roundabout projects. Phase: Preliminary Engineering, Right of Way, Construction Cost Estimate: Preliminary Engineering (PE) 80,000 Right of Way (RW) 0 Construction (CN) 0 Total Cost (2020-2025) $80,000 0 22 62. Barker Road - Mission to Interstate 90 N Greenacres Rd E Mission Ave E Maxwell Ave E Sint° Ave E Sharp Ave E Desmet Ave 5 450 900 1,350 Feet I I i I c8°one Ave N Harmony Ln E Cataldo Ave Spvkan'`� ley 2020 2021 2022 2023 2024 2025 Project Description: Improve Barker to a 5 -lane urban section. Improvements to the Boone intersection are identified separately in this TIP. Phase: Preliminary Engineering Cost Estimate: Preliminary Engineering (PE) 200,000 Right of Way (RW) 0 Construction (CN) 0 Total Cost (2020-2025) $200,000 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: May 21, 2019 Department Director Approval: Check all that apply: ['consent ❑ old business ['new business ['public hearing ❑ information ® admin. report ['pending legislation ['executive session AGENDA ITEM TITLE: Administrative Report — Potential Grant Opportunity: Better Utilizing Investments to Leverage Development (BUILD) FY 2019 GOVERNING LEGISLATION: RCW 35.77.010: Six -Year Transportation Improvement Program PREVIOUS COUNCIL ACTION TAKEN: • May 22, 2018: City Council authorized the City Manager to apply for Federal Railroad Administration's (FRA) Consolidated Rail Infrastructure and Safety Improvements Program (CRISI) Fiscal Year (FY) 2017 grant funds for the Pines Road/BNSF Grade Separation Project (GSP) • June 5, 2018: City Council authorized the City Manager to apply for BUILD (FY 18) grant funds for the Pines Road/BNSF GSP • August 21, 2018: City Council authorized the City Manager to apply for FRA's CRISI FY 2018 grant funds for the Pines Road/BNSF GSP BACKGROUND: The US Department of Transportation (USDOT) issued a call for projects on April 17, 2019, for the BUILD discretionary grant program. BUILD was authorized as part of the Consolidated Appropriations Act in 2019 and offers a total of $900 million available for transportation infrastructure improvement projects like the City's Pines Road/BNSF Grade Separation Project. Projects are evaluated on safety, state of good repair, economic competitiveness, environmental sustainability, quality of life, innovation, and partnership. Minimum and maximum award amounts for urban projects are $5 million and $25 million, respectively. No state is permitted to receive over $90 million of awarded funds. Total awarded funds will be split equally between urban and rural areas. BUILD requires a 20% non-federal match for awarded projects within an urban boundary. BUILD applications are due July 15, 2019. Award announcements are on or before November 12, 2019. If awarded, BUILD funding must be obligated by September 30, 2021. This obligation requires the City to have a signed and executed grant agreement in place with USDOT by the September 30, 2021 deadline. Lastly, if awarded, BUILD funding must be fully expended (i.e. expended, invoiced, or reimbursed) by September 30, 2026. Staff recommends applying for the City's Pines Road/BNSF Grade Separation Project. This project aligns with the BUILD program and is a City priority. The project has multiple alternative design options with varying costs. The most conservative option is approximately $29 million. Assuming a $29 million total cost, a minimum 20% non -Federal match of $5.8 million would be required. Through May 2019, the City expended approximately $700,000 of the $3,200,000 set aside for this project, leaving a balance of approximately $2,500,000. The remaining $3,300,000 of non -Federal matching dollars needed to comply with BUILD requirements could come from City funds, State Legislative appropriations, Freight Mobility Strategic Investment Board (FMSIB), or Transportation Improvement Board (TIB) grants. OPTIONS: Discussion. RECOMMENDED ACTION OR MOTION: None at this time. This item will be brought to Council for a motion consideration at the June 4, 2019, council meeting. BUDGET/FINANCIAL IMPACTS: None at this time. STAFF CONTACT: Adam Jackson, PE — Planning & Grants Engineer ATTACHMENTS: BUILD FY 2019 PowerPoint Presentation Potential Grant Opportunity Better Utilizing Investments to Leverage Development (BUILD) Spokane Valleye Pines/BNSF Grade Separation Project May 21, 2019 Adam Jackson, P.E., Planning & Grants Engineer Engineering Division What is BUILD? US Department of Transportation (USDOT) BUILD Program Consolidated Appropriations Act, 2019 BUILD funding can support roads, bridges, transit, rail, ports or intermodal transportation. Projects evaluated on safety, state of good repair, economic competitiveness, environmental sustainability, quality of life, innovation, and partnership. 2019 BUILD Funding • Total program funds $900 million — Awards split 50/50 to urban/rural areas • Min Urban Award $5 Million Max Award $25 Million (80% of Project Cost) $900 Million July 15, 2019 November 12, 2019 September 30, 2021 September 30, 2026 State Award Limit = Applications Due = Award Notice • Funds Obligated • Funds Expended ser Local Agency Federal Ald Project Prospectus 1.11F V,3111,141-01, Fa HOFF MOBILITY S rant dGlc INVESTLENJ ROARED Deceml., 11,10, Ida MI Rnginear City Qr,Rolatan,alle, 11707 Rav Sui. 105 Spokane Va., 11,5hinglan 992.05,24 Elmrher 121.1.135.tiF Glade Scpexattryn 141, 2,24 :National Highway Freight rragrrin Federal Funding Aarenl Duff 1,1, noT alt.,. advi,vau that May men don, pro, W32 rceeive ffind, duRogh theRlatar,111-411,, re,hr Plovarn .(1.1116) 2P20 11.Rdcral !and Mt Wow Maker Road/MYST' Separidan RRII00,11110 Saape, itepkuR, an at gmclo with mnoverrav, of .121.5F's ned lics into SR 2,40 ta the RT.,. an at grad° ratRicx,tion ko,2 Fam.Isaare cr,aeRibie, for co. from Om. oaks to mod sta., ruler, requia¢aign,s,11,1,,,,,,,,,,,, • Projeu aNymditurrs ,naurn4 Ixfore NOCiViE,11,11CL RragaRR frdorni fun.tr ant...azdan arr: ...Hail. fox Etirnburserric, l'Icasc raft, u the I nexl Rrogrons we!, nagc for cictaila in far:nano, (MOM,' w•clet ladlihe, (LW a., mi. Cr lac ,oritatt, regaR., Pralcau 1,1u, I 1, ca oal, 1,, nrrarl TERworktlaultap-avame, ta,au. pro,alancd unt, Lanc11,1, Rnas: 111. Srf.1.11. urAl DR:salb,a yaal: I a Na,eR, L1,13taba, Spoknc1,11,,,, -.-RutpiRmard 4,2,9 hr ,48gword is ,ca,tive Rs a rcalindel, Lac, Ravm, raotua, agcnci. bnAmorchl, 1115, , ras,u, r,unbulaerrmt vRgIbla 3 Pines/BNSF Grade Separation Project ■ Estimated Total Project Cost: 80% Max. Federal Award Amount - Secured Federal Funds (STBG) Maximum BUILD Request 20% Non -Federal Funds Required - Available City Funds Min. Non -Federal Funding Gap $ 29,000,000 23,200,000 1,890,000 $ 21,310,000 $ 5,800,000 2,500,000 $ 3,300,000* *Non-federal examples: future City allocations, Freight Mobility Strategic Investment Board (FMSIB) funds, State Legislative appropriations, or Transportation Improvement Board (TIB) funds ■ Parallel Federal Funding Requests: CRISI Funding Request (PE): $ 1,246,500 City Match to PE: 1,246,500 Subtotal $ 2,493,000 QUESTIONS? U.S.Deportment ofTrunsportrativn ell oi Federal Railroad Administrafion CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: May 21, 2019 Department Director Approval: Check all that apply: ['consent ❑ old business ['new business ['public hearing ❑ information ® admin. report ['pending legislation ['executive session AGENDA ITEM TITLE: Browns Park 2019 Improvements Project Update GOVERNING LEGISLATION: N/A PREVIOUS COUNCIL ACTION TAKEN: Approval of Browns Park Master Plan on July 1, 2014. BACKGROUND: Browns Park has a rich history and is loved by a wide range of community members. The development of the Browns Park Master Plan in 2014 produced an exciting opportunity for our City. Not only does the master plan call for the expansion and improvement of the park for the use by neighbors and residents, it also identifies an opportunity to expand the sand volleyball complex. Since 2014, the City has added 16 new sand volleyball courts including a championship sand volleyball court, a basketball court and a splash pad. Included in the 2019 Budget is $1,160,000 for the continuing implementation of the master plan. The Browns Park 2019 Improvements project is currently out to bid with bids being opened on May 17, 2019. The project includes a loop trail and lighting, large restroom and utilities, large picnic shelter, new perimeter fencing, renovated storage building, skate dot and small shelter. Staff will discuss the project in anticipation of returning to the City Council for a potential motion consideration to construct this project, which motion is tentatively scheduled for May 28, 2019. OPTIONS: Discussion only. RECOMMENDED ACTION OR MOTION: Discussion only. BUDGET/FINANCIAL IMPACTS: The 2019 Budget includes a $1,160,000 appropriation for improvements at Browns Park. STAFF CONTACT: Michael D. Stone, CPRP. Director of Parks and Recreation ATTACHMENTS: PowerPoint Presentation Spokane BROWNS PARK 2019 IMPROVEMENTS PROJECT jo°°• May 14, 2019 1 BROWNS PARK MASTER PLAN Spokane . Va11ey BROWNS PARK 2019 IMPROVEMENTS 1. LOOP TRAIL AND LIGHTING 2. LARGE RESTROOM AND UTILITIES 3. LARGE PICNIC SHELTER 4. FENCE 5. RENOVATED STORAGE BUILDING 6. SKATE DOT OR SLACKLINE AREA 7. SMALL SHELTER 8. 2019 LEGISLATIVE SUBMITTAL Spokane ' Valley, CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: May 21, 2019 Department Director Approval: Check all that apply: ['consent ❑ old business ['new business ['public hearing ❑ information ® admin. report ['pending legislation ['executive session AGENDA ITEM TITLE: Decant Facility Phase III Canopy — Department of Ecology Agreement GOVERNING LEGISLATION: RCW 90.48, Chapter 173-200 WAC, Title 33 U.S.C. 1251-1376; Storm and Surface Water Utility: SVMC 3.80; Aquifer Protection Area Fund: RCW 36.36. The Federal Clean Water Act of 1987, Section 319, Chapter 173-95A WAC PREVIOUS COUNCIL ACTION TAKEN: • October 21, 2014 — Administrative Report discussing Washington State Department of Ecology stormwater grant opportunities resulting in consensus to apply for grants. • October 11, 2016 — Administrative Report discussing Washington State Department of Ecology stormwater grant opportunities resulting in consensus to apply for grants. • November 13, 2018 — Ordinance 18-024 adopting the 2019 City Budget, including $832,600 for Fund 403 (Aquifer Protection Area Fund) expenditures. BACKGROUND: The Department of Ecology, through the Water Quality Program for State Fiscal Year (SFY) 2016, issued a call for projects on September 1, 2014. Consensus from City Council to apply for grants was received on October 21, 2014. On July 07, 2015, this project was selected by the Department of Ecology for award, contingent on funding availability. In 2016, Ecology received direction from the Legislature to delay funding for 67 state-wide stormwater projects proposed to receive funding from the Stormwater Financial Assistance Program (SFAP) in SFY16 and SFY17. These delays were necessary to address a shortfall in the Model Toxics Control Act funds and were accompanied by significant reductions in both operating and capital budgets, across many environmental program areas. This stormwater project application was included on the SFY16 and SFY17 list of delayed projects. In 2016, a supplemental grant application was developed to revise the scope of the project. Consensus from City Council to supplement the 2014 application was received on October 11, 2016. On February 23, 2018, the City was informed by the Department of Ecology that the 2017 — 2019 Washington State Biennial Budget successfully addressed funding shortfalls, and Ecology was authorized to resume agreement negotiation for this project. The Department of Ecology Water Quality Agreement will be used to complete improvements at the Decant facility by providing a canopy as envisioned in the engineering study and design. This work will make the facility a true 24 hour -a -day, year-round facility, as envisioned in the facilities Type, Size and Location Study. Currently the facility can only be utilized about 60% of the year due to wet and cold weather. City benefits include extension of facility use from 30 to 50 years through amendment of the local agreement with the Washington State Department of Transportation (WSDOT), expanded use during the wet and cold months of the year, and access to a state-owned and operated facility throughout the year. The project will be executed by the City through finalization of the final phase plans and specifications. Construction will be coordinated between the City and WSDOT and will be completed by contractors following City and State bidding laws and processes. OPTIONS: Consensus from council to include this agreement on the May 28, 2019 agenda for motion approval consideration; or other appropriate action. BUDGET/FINANCIAL IMPACTS: Preliminary contributing cost estimate of $ 741,650 for improvements, with up to $446,651.25 reimbursed by Ecology. The following is a summary of the financial information. Ecology Share $ 446,651.25 (75%) City Share (Fund 403) $ 148,883.75 (25%) WS DOT $ 146,115.00 (Anticipated) Total Eligible Costs $ 741,650.00 There are sufficient funds available in Fund 403, Aquifer Protection Area Fund, to cover 2019 expenditures associated with this Agreement. Subsequent Annual City Budgets will also identify sufficient funding in Fund 403 for future years' expenditures. STAFF CONTACT: Bill Helbig, PE — City Engineer Chad Phillips, PE — Stormwater Engineer ATTACHMENTS: PowerPoint Presentation Department of Ecology Water Quality Agreement Spokane Valle Chad Phillips, PE Engineer Decant - Phase 1 and 11 Facility May, 21 2019 SPOKANE VALLEY REGIONAL DECANT FACILITY 2 Spokane Valley Decant Phase III - Financials May, 21 2019 Initial Application Cost (2014) — $ 612,000 3 Supplemental Application Cost (2016) - $ 622,582 Revised Project Cost (2018) - $ 741,650 Final Total Eligible Cost - $ 595,535 Financial / Cost Information Ecology Share City Share (Fund 403) WSDOT Total Eligible Costs $ 446,651.25 (75%) $ 148,883.75 (25%) $ 146,115.00 (Up to $ 150,000) $ 741,650.00 Spokane Valley Decant Phase III —Financial Summary May, 21 2019 Current facility created 200-300% savings Additional operation and maintenance savings with phase III canopy Conceptual design complete Local match from WSDOT up to $150,000 4 City match up to $ 150,000 depending on realized inflationary costs Spokane Valley Decant Phase III —Canopy May, 21 2019 Project Overview: Construction Year —Target - 2020 Construction Cost — Est. - $620k — 740K Construction Elements —Canopy 5 Pre -Engineered Metal Canopy Painting and Finishing Electrical Connection to Sanitary Sewer — DELETED Warming Shed - DELETED Spokane Val ley Decant Phase III —Canopy May, 21 2019 } en.ear."'-0• Ll Pi SgUTN 4 Q.gVA ITIT NORTH ELALP!NGOE ST E EVATN _-_ BUILDING ELEVATION KEYNOTES: slya comfit Ace. "�vn .omoacoae ___Yr �L3lliLP�VG ri'Esr a. rxx.na m.mw ELE4'ATiON ( T nn en,w REGIONAL PECMLT FACILITY iii �mam��o �.i NOT FCR CONSTRUCTION • PRELIMINARY DESIGN Elevation View Spokane .0• Valley r J I I } en.ear."'-0• Ll Pi SgUTN 4 Q.gVA ITIT NORTH ELALP!NGOE ST E EVATN _-_ BUILDING ELEVATION KEYNOTES: slya comfit Ace. "�vn .omoacoae ___Yr �L3lliLP�VG ri'Esr a. rxx.na m.mw ELE4'ATiON ( T nn en,w REGIONAL PECMLT FACILITY iii �mam��o �.i NOT FCR CONSTRUCTION • PRELIMINARY DESIGN Elevation View Spokane .0• Valley Decant Phase III —Canopy May, 21 2019 Project Benefits 7 Beneficial to decanting during wet weather, allowing solids to dry under cover Eliminates stormwater/precipitation from entering the system Expanded use during wet and cold months (24/7/365 facility) Decreased operational and maintenance costs shared with WSDOT Amend term of WSDOT agreement from 30 to 50 years due to increased life expectancy of the facility Spokane Valley Decant Phase III - Questions May, 21 2019 S'p'okane 8 _ ' Val ley DEPARTMENT OF ECOLOGY State of Washington Agreement No. WQC-2018-SpoVal-00074 WATER QUALITY COMBINED FINANCIAL ASSISTANCE AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND CITY OF SPOKANE VALLEY 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 Spokane Valley, hereinafter referred to as the "RECIPIENT," to carry out with the provided funds activities described herein. GENERAL INFORMATION Project Title: 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: Spokane Valley Regional Decant Facility Canopy $595,535.00 $595,535.00 $446,651.25 $148,883.75 07/01/2017 12/31/2021 Stormwater Facility Project Short Description: This project will improve water quality in the Spokane Valley-Rathdrum Prairie Aquifer through installation of a canopy at the Spokane Valley Regional Decant Facility in the City of Spokane Valley. This project will allow the RECIPIENT to increase the amount of street waste being decanted by increasing the number of months the facility can be used and preventing rain water from adding volume to the decant effluent. Project Long Description: The City of Spokane Valley is located over the Spokane Valley — Rathdrum Prairie (SVRP) Aquifer. The SVRP Aquifer is designated as a sole source aquifer by the EPA and provides drinking water to approximately 500,000 people. The SVRP Aquifer is also connected to the Spokane and Little Spokane Rivers, which are both 303(d) listed impaired water bodies with total maximum daily load's (TMDL's) in place for dissolved oxygen and dissolved metals. The entire City of Spokane Valley is in a Critical Aquifer Recharge Area, and urban stormwater runoff is currently being State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00074 Project Title: Spokane Valley Regional Decant Facility Canopy Recipient Name: City of Spokane Valley Page 2 of 43 injected into the ground with little or no pretreatment. This project will improve water quality in the State of Washington by reducing stormwater pollutants discharged to state water bodies. The RECIPIENT cleans catch basins and drywells with eductor trucks and decants the waste at the Spokane Valley Regional Decant Facility (Facility). The design and construction of the Facility was funded through ECOLOGY grant agreement G1200607. For this project the RECIPIENT will install a pre-engineered canopy to increase the capacity of the Facility to decant street waste and treat the effluent. A canopy will prevent rainwater and snow melt from contributing to effluent volume and reduce the time solids must occupy the decant bays. As a result, the RECIPIENT's sweeping program will not be as limited by available decant facility space and will be able to decant more street waste. Effluent from the Facility runs through an oil -water separator and a sand filter, and is discharged to the ground through an infiltration swale to the north of the Facility. The treatment train removes total suspended solids (TSS), oil (Total Petroleum Hydrocarbon), and dissolved copper and zinc. Overall Goal: This project will help protect and restore water quality in Washington state by reducing stormwater impacts from existing infrastructure and development. Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00074 Project Title: Spokane Valley Regional Decant Facility Canopy Recipient Name: City of Spokane Valley RECIPIENT INFORMATION Organization Name: City of Spokane Valley Federal Tax ID: 71-0914170 DUNS Number: 168240617 Mailing Address: 10210 East Sprague Avenue Spokane Valley, WA 99206 Physical Address: 10210 East Sprague Avenue Spokane Valley, Washington 99206 Organization Email: Organization Fax: Contacts cityhall@spokanevalley.org (509) 921-1008 Page 3 of 43 Project Manager Chad Phillips Assistant Stormwater Engineer 10210 E. Sprague Ave. Spokane Valley, Washington 99206 Email: cphillips@spokanevalley.org Phone: (509) 720-5013 Billing Contact Jonathan Lakey Accountant/Budget Analyst 10210 East Sprague Avenue Spokane Valley, Washington 99206 Email: jlakey@spokanevalley.org Phone: (509) 720-5046 Authorized William Helbig Signatory City Engineer 10210 East Sprague Avenue Spokane Valley, Washington 99206 Email: bhelbig@spokanevalley.org Phone: (509) 720-5000 Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00074 Project Title: Spokane Valley Regional Decant Facility Canopy Recipient Name: City of Spokane Valley ECOLOGY INFORMATION Mailing Address: Department of Ecology Water Quality PO BOX 47600 Olympia, WA 98504-7600 Physical Address: Water Quality 300 Desmond Drive SE Lacey, WA 98503 Contacts Page 4 of 43 Project Manager Brandy Reynecke 4601 N Monroe Street Spokane, Washington 99205-1295 Email: brey461@ecy.wa.gov Phone: (509) 329-3421 Sarah Zehner Financial Water Quality Financial Manager Manager PO Box 47600 Olympia, Washington 98504-7600 Email: szeh461@ecy.wa.gov Phone: (360) 407-7196 Doug Howie Technical Senior Stormwater Engineer Advisor PO Box 47600 Olympia, Washington 98504-7600 Email: DOH0461@ecy.wa.gov Phone: (360) 407-6444 Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00074 Project Title: Spokane Valley Regional Decant Facility Canopy Recipient Name: City of Spokane Valley AUTHORIZING SIGNATURES Page 5 of 43 RECIPIENT agrees to furnish the necessary personnel, equipment, materials, services, and otherwise do all things necessary for or incidental to the performance of work as set forth in this Agreement. RECIPIENT acknowledges that they had the opportunity to review the entire Agreement, including all the terms and conditions of this Agreement, Scope of Work, attachments, and incorporated or referenced documents, as well as all applicable laws, statutes, rules, regulations, and guidelines mentioned in this Agreement. Furthermore, the RECIPIENT has read, understood, and accepts all requirements contained within 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. No subsequent modifications or amendments to this agreement will be of any force or effect unless in writing, signed by authorized representatives of the RECIPIENT and ECOLOGY and made a part of this agreement. ECOLOGY and RECIPIENT may change their respective staff contacts without the concurrence of either party. 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 and bind their respective organizations to this Agreement. Washington State Department of Ecology City of Spokane Valley By: By: Heather R. Bartlett Water Quality Program Manager Template Approved to Form by Attorney General's Office Version 10/30/2015 Date William Helbig City Engineer Date State of Washington Department of Ecology Agreement No: WQC-2018-Spoval-00074 Project Title: Spokane Valley Regional Decant Facility Canopy Recipient Name: City of Spokane Valley SCOPE OF WORK Task Number: 1 Task Cost: $0.00 Task Title: Project Administration/Management Page 6 of 43 Task Description: A. The RECIPIENT shall carry out all work necessary to meet ECOLOGY grant or loan administration requirements. Responsibilities include, but are not limited to: maintenance of project records; submittal of requests for reimbursement and corresponding backup documentation; progress reports; and a recipient closeout report (including photos). B. The RECIPIENT shall maintain documentation demonstrating 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. C. The RECIPIENT shall manage the project. Efforts include, but are not limited to: conducting, coordinating, and scheduling project activities and assuring quality control. Every effort will be made to maintain effective communication with the RECIPIENT's designees; ECOLOGY; all affected local, state, or federal jurisdictions; and any interested individuals or groups. The RECIPIENT shall carry out this project in accordance with any completion dates outlined in this agreement. Task Goal Statement: Properly managed and fully documented project that meets ECOLOGY's grant or loan administrative requirements. Task Expected Outcome: * Timely and complete submittal of requests for reimbursement, quarterly progress reports, and RECIPIENT closeout report. * Properly maintained project documentation Recipient Task Coordinator: Chad Phillips Project Administration/Management Deliverables Number Description Due Date 1.1 Quarterly Progress Reports 1.2 Recipient Closeout Report 1.3 Project Outcome Summary Report Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00074 Project Title: Spokane Valley Regional Decant Facility Canopy Recipient Name: City of Spokane Valley SCOPE OF WORK Task Number: 2 Task Cost: $60,000.00 Task Title: Design Plans and Specs, Environmental Review Page 7 of 43 Task Description: The RECIPIENT shall ensure the following items are completed and provide the associated deliverables to ECOLOGY The RECIPIENT must approve all materials prior to submitting them to ECOLOGY for acceptance. A. The RECIPIENT will coordinate the preparation and submittal of State Environmental Policy Act (SEPA) documentation. B. The RECIPIENT is responsible for application of, receipt of, and compliance with all required local, state, tribal and federal permits, licenses, easements, or property rights necessary for the project. C. The RECIPIENT will comply with Executive Order (05-05) cultural resources review requirements. To initiate cultural resources review the RECIPIENT will: 1. Submit an ECOLOGY 05-05/106 Form, or a cultural resources survey or assessment completed by a licensed archaeologist to ECOLOGY. All submitted materials must conform to the Washington State Standards for Cultural Resource Reporting (DAHP February 2014). 2. Develop and submit an Inadvertent Discovery Plan (IDP) to ECOLOGY. The RECIPIENT will ensure that all contractors and subcontractors have a copy of the completed IDP prior to and while working on-site. An IDP template may be found on the ECOLOGY website. Ground disturbing work (including geotechnical investigations) completed prior to receiving written notice to proceed from ECOLOGY shall not be eligible for reimbursement. D. The RECIPIENT will develop a project Design Report. Projects must be designed in accordance with the Stormwater Management Manual for Eastern Washington, Stormwater Management Manual for Western Washington, or equivalent manual. Project must be reviewed and accepted in writing by ECOLOGY to be eligible for reimbursement. The RECIPIENT will upload a digital copy of the items listed below to EAGL for review. Reduce design figures to 11x17 inches in size and ensure they are legible. 1. Design Report. For a complete list of required design report elements refer to the ECOLOGY website. The RECIPIENT agrees to respond to ECOLOGY comments. The RECIPIENT must receive an Ecology Design Report Acceptance Letter prior to proceeding to 90 Percent design. 2. 90 Percent Design Package. At a minimum, this package must include 90 percent plans, specifications, engineer's opinion of cost which includes a schedule of eligible costs, and project construction schedule. For current bid inserts and specifications refer to the ECOLOGY website. Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00074 Project Title: Spokane Valley Regional Decant Facility Canopy Recipient Name: City of Spokane Valley Page 8 of 43 The RECIPIENT agrees to respond to ECOLOGY comments. The RECIPIENT must receive an Ecology 90 Percent Design Acceptance Letter prior to proceeding Final Design. 3. The RECIPIENT will upload a digital copy of the Final Bid Package to EAGL for review and acceptance prior to advertising the project. The Final Bid Package includes: project plans, specifications, engineer's opinion of cost including a schedule of eligible costs, and project construction schedule. Task Goal Statement: The RECIPIENT will complete all design, environmental review, and permitting tasks and respond to ECOLOGY comments in a timely manner. Task Expected Outcome: The project will meet the requirements set forth by the State Environmental Policy Act, cultural resource protection requirements, ECOLOGY water quality facility design standards, and all other applicable federal, state, and local laws and regulations. Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-Spoval-00074 Project Title: Spokane Valley Regional Decant Facility Canopy Recipient Name: City of Spokane Valley Recipient Task Coordinator: Chad Phillips Design Plans and Specs, Environmental Review Deliverables Page 9 of 43 Number Description Due Date 2.1 Copy of SEPA determination documentation. Upload to EAGL and notify ECOLOGY when upload is complete. 2.2 Submit ECOLOGY 05-05/106 Form and any supplemental cultural resources documentation including Cultural Resource surveys directly to the Ecology Project Manager. Upload the Final Determination Letter to EAGL. 2.3 Inadvertent Discovery Plan. Upload to EAGL and notify ECOLOGY when upload is complete. 2.4 Design Report. Upload one copy of the Design Report to EAGL and notify ECOLOGY when upload is complete. 2.5 Responses to ECOLOGY Design Report comments. Upload to EAGL and notify ECOLOGY when upload is complete. 2.6 Ecology Design Report Acceptance Letter. Upload to EAGL and notify ECOLOGY when upload is complete. 2.7 90 Percent Design Package. Upload one copy of the 90 -Percent Design Package to EAGL and notifyECOLOGY when upload is complete. 2.8 Responses to ECOLOGY 90 Percent Design Plan comments. Upload to EAGL and notify ECOLOGY when upload is complete. 2.9 Ecology 90 Percent Design Acceptance Letter. Upload to EAGL and notify ECOLOGY when upload is complete. 2.10 List of permits acquired, and environmental review documents. Upload to EAGL and notify ECOLOGY when upload is complete. 2.11 Final Bid Package. Upload to EAGL and notify ECOLOGY when upload is complete. 2.12 Ecology Final Bid Package Acceptance Letter. Upload to EAGL and notify ECOLOGY when upload is complete. Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00074 Project Title: Spokane Valley Regional Decant Facility Canopy Recipient Name: City of Spokane Valley SCOPE OF WORK Task Number: 3 Task Cost: $30,000.00 Task Title: Construction Management Task Description: A. The RECIPIENT will provide construction oversight and management of the project. B. The RECIPIENT will submit a detailed construction quality assurance plan to ECOLOGY for review and acceptance before the start of construction. This plan must describe how the RECIPIENT will perform adequate and competent construction oversight. Once accepted by Ecology, upload to EAGL. C. The RECIPIENT will conduct a pre -construction conference meeting and invite ECOLOGY to attend. Page 10 of 43 D. The RECIPIENT will submit an updated project schedule with projected cash flow to ECOLOGY within 30 days of the start of construction. The RECIPIENT will revise and/or update the project schedule whenever major changes occur and at a minimum of every three months. The RECIPIENT will submit the updated schedule to ECOLOGY with the quarterly report. When changes in the construction schedule affect previous cash flow estimates, The RECIPIENT must submit revised cash flow projections to ECOLOGY. Prior to execution, the RECIPIENT will submit in writing any eligible change orders that are a significant deviation from ECOLOGY -accepted plans and specifications for ECOLOGY review and acceptance for payment. ECOLOGY must review and accept all change orders that impact grant eligible activities prior to implementation. ECOLOGY must review all other change orders for technical merit and should be submitted within 30 days after execution. Change orders are to be signed by the contractor, the engineer (if appropriate), and the RECIPIENT prior to submittal to ECOLOGY for acceptance. E. The RECIPIENT will operate and maintain the constructed facility for the design life of the facility. Additionally, the RECIPIENT will develop and submit an operations and maintenance (O&M) plan for all Water Quality Best Management Practices to ECOLOGY for review. The O&M plan will describe how the RECIPIENT will ensure project success consistent with the design manual used. The O&M plan must also address long-term activities to assure ongoing pollutant removal and flow -control capability of the project in accordance with the design manual. F. Upon completion of construction, the RECIPIENT will provide to ECOLOGY: 1. A Stormwater Construction Completion Form signed by a professional engineer indicating that the project was completed in accordance with the plans and specifications and major change orders approved by ECOLOGY's Project Engineer and shown on the Record Drawings. The Stormwater Construction Completion Form can be found on the ECOLOGY website. 2. GIS compatible project area in Shapefile, Geodatabase file, or ECOLOGY -Approved Equivalent. The project area should include features for treatment facilities and contributing areas. Task Goal Statement: The RECIPIENT will oversee and manage construction, communicate with ECOLOGY in a timely fashion, and provide Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-Spoval-00074 Project Title: Spokane Valley Regional Decant Facility Canopy Recipient Name: City of Spokane Valley ECOLOGY with all requested project documentation. Task Expected Outcome: Project will be constructed on schedule and in accordance with accepted plans. Recipient Task Coordinator: Chad Phillips Construction Management Deliverables Page 11 of 43 Number Description Due Date 3.1 Construction Quality Assurance Plan. Submit to ECOLOGY for review and acceptance. Upload to EAGL and notify ECOLOGY when upload is complete. 3.2 Pre -construction conference meeting minutes. Upload to EAGL and notify ECOLOGY when upload is complete. 3.3 Project Schedule. Upload to EAGL using naming convention D3.3 SCHEDULE MO -DA -YEAR and notify ECOLOGY when upload is complete. 3.4 Revised cash flow estimates when changes in construction schedule occur. Upload to EAGL using naming convention D3.4 CASHFLOW MO -DA -YEAR and notify ECOLOGY when upload is complete. 3.5 Change Order(s). Upload to EAGL and notify ECOLOGY when upload is complete. 3.6 Copy of Facility Operation and Maintenance Plan. Submit to ECOLOGY for review and acceptance. Upload to EAGL and notify ECOLOGY when upload is complete. 3.7 Stormwater Construction Completion Form. Upload to EAGL and notify ECOLOGY when upload is complete. 3.8 Project Area Shapefile, Geodatabase file, or ECOLOGY -approved Equivalent. The project area should include features for treatment facilities and contributing areas. Upload to EAGL and notify ECOLOGY when upload is complete. Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00074 Project Title: Spokane Valley Regional Decant Facility Canopy Recipient Name: City of Spokane Valley SCOPE OF WORK Task Number: 4 Task Cost: $505,535.00 Task Title: Construction Page 12 of 43 Task Description: A. The RECIPIENT will, in accordance with ECOLOGY -accepted plans and specifications, complete construction of the project. The construction project will include installation of a canopy over the Spokane Valley Regional Decant Facility to increase the usage of the Facility and more thoroughly treat Facility effluent. Task Goal Statement: Construction of the project in accordance with ECOLOGY -accepted plans and specifications. Task Expected Outcome: Constructed project will provide water quality benefits by increasing the amount of street waste being decanted. Recipient Task Coordinator: Chad Phillips Construction Deliverables Number Description Due Date 4.1 Copy of the contract documents (e.g. bid announcement, bid award and bid tabulations). Upload to EAGL and notify ECOLOGY when upload is complete. 4.2 Copy of signed and dated construction contract. Upload to EAGL and notify ECOLOGY when upload is complete. 4.3 Construction progress reports and photos included in progress reports uploaded to EAGL. Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00074 Project Title: Spokane Valley Regional Decant Facility Canopy Recipient Name: City of Spokane Valley BUDGET Funding Distribution EG190427 NOTE: The above funding distribution number is used to idents this specific agreement and budget on payment remittances and may be referenced on other communications from ECOLOGY. Your agreement may have multiple funding distribution numbers to idents each budget. Funding Title: SFAP Funding Type: Grant Funding Effective Date: 07/01/2017 Funding Expiration Date: 12/31/2021 Funding Source: Title: SFAP-SFY17 (WQC-2016) Type: Funding Source %: Description: Page 13 of 43 State 67.17% Funds come from the Model Toxic Control Account and State Building Construction Account. It funds projects that reduce the environmental impact of Stormwater pollution Title: SFAP-SFY18 Type: State Funding Source %: 32.83% Description: Environmental Legacy Stewardship Account (ELSA) - State Approved Indirect Costs Rate: Recipient Match %: InKind Interlocal Allowed: InKind Other Allowed: Version 10/30/2015 Approved State Indirect Rate: 0% 25% No No No State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00074 Project Title: Spokane Valley Regional Decant Facility Canopy Recipient Name: City of Spokane Valley SFAP Task Total Project Administration/Management $ 0.00 Design Plans and Specs, Environmental Review $ 60,000.00 Construction Management $ 30,000.00 Construction $ 505,535.00 Total: $ 595,535.00 Version 10/30/2015 Page 14 of 43 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00074 Project Title: Spokane Valley Regional Decant Facility Canopy Recipient Name: City of Spokane Valley Funding Distribution Summary Recipient / Ecology Share Page 15 of 43 Funding Distribution Name Recipient Match % Recipient Share Ecology Share Total SFAP 25.00 % $ 148,883.75 $ 446,651.25 $ 595,535.00 Total $ 148,883.75 $ 446,651.25 $ 595,535.00 AGREEMENT SPECIFIC TERMS AND CONDITIONS N/A SPECIAL TERMS AND CONDITIONS SECTION 1: DEFINITIONS Unless otherwise provided, the following terms will have the respective meanings for all purposes of this agreement: "Administration Charge" means a charge established in accordance with Chapter 90.50A RCW and Chapter 173-98 WAC, to be used to pay Ecology's cost to administer the State Revolving Fund by placing a percentage of the interest earned in an Administrative Charge Account. "Administrative Requirements" means the effective edition of ECOLOGY's Administrative Requirements for Recipients of Ecology Grants and Loans at the signing of this agreement. "Annual Debt Service" for any calendar year means for any applicable bonds or loans including the loan, all interest plus all principal due on such bonds or loans in such year. "Average Annual Debt Service" means, at the time of calculation, the sum of the Annual Debt Service for the remaining years of the loan to the last scheduled maturity of the loan divided by the number of those years. "Acquisition" means the purchase or receipt of a donation of fee or less than fee interests in real property. These interests include, but are not limited to, conservation easements, access/trail easements, covenants, water rights, leases, and mineral rights. "Centennial Clean Water Program" means the state program funded from various state sources. "Contract Documents" means the contract between the RECIPIENT and the construction contractor for construction of the project. "Cost Effective Analysis" means a comparison of the relative cost -efficiencies of two or more potential ways of solving a water quality problem as described in Chapter 173-98-730 WAC. Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00074 Project Title: Spokane Valley Regional Decant Facility Canopy Recipient Name: City of Spokane Valley Page 16 of 43 "Defease" or "Defeasance" means the setting aside in escrow or other special fund or account of sufficient investments and money dedicated to pay all principal of and interest on all or a portion of an obligation as it comes due. "Effective Date" means the earliest date on which eligible costs may be incurred. "Effective Interest Rate" means the total interest rate established by Ecology that includes the Administrative Charge. "Estimated Loan Amount" means the initial amount of funds loaned to the RECIPIENT. "Estimated Loan Repayment Schedule" means the schedule of loan repayments over the term of the loan based on the Estimated Loan Amount. "Equivalency" means projects designated by ECOLOGY to meet additional federal requirements. "Expiration Date" means the latest date on which eligible costs may be incurred. "Final Accrued Interest" means the interest accrued beginning with the first disbursement of funds to the RECIPIENT through such time as the loan is officially closed out and a final loan repayment schedule is issued. "Final Loan Amount" means all principal of and interest on the loan from the Project Start Date through the Project Completion Date. "Final Loan Repayment Schedule" means the schedule of loan repayments over the term of the loan based on the Final Loan Amount. "Forgivable Principal" means the portion of a loan that is not required to be paid back by the borrower. "General Obligation Debt" means an obligation of the RECIPIENT secured by annual ad valorem taxes levied by the RECIPIENT and by the full faith, credit, and resources of the RECIPIENT. "General Obligation Payable from Special Assessments Debt" means an obligation of the RECIPIENT secured by a valid general obligation of the Recipient payable from special assessments to be imposed within the constitutional and statutory tax limitations provided by law without a vote of the electors of the RECIPIENT on all of the taxable property within the boundaries of the RECIPIENT. "Gross Revenue" means all of the earnings and revenues received by the RECIPIENT from the maintenance and operation of the Utility and all earnings from the investment of money on deposit in the Loan Fund, except (i) Utility Local Improvement Districts (ULID) Assessments, (ii) government grants, (iii) RECIPIENT taxes, (iv) principal proceeds of bonds and other obligations, or (v) earnings or proceeds (A) from any investments in a trust, Defeasance, or escrow fund created to Defease or refund Utility obligations or (B) in an obligation redemption fund or account other than the Loan Fund until commingled with other earnings and revenues of the Utility or (C) held in a special account for the purpose of paying a rebate to the United States Government under the Internal Revenue Code. "Guidelines" means the ECOLOGY's Funding Guidelines that that correlate to the State Fiscal Year in which the project is funded. Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00074 Project Title: Spokane Valley Regional Decant Facility Canopy Recipient Name: City of Spokane Valley Page 17 of 43 "Initiation of Operation Date" means the actual date the Water Pollution Control Facility financed with proceeds of the loan begins to operate for its intended purpose. "Loan" means the Washington State Water Pollution Control Revolving Fund Loan or Centennial Clean Water Fund (Centennial) Loan made pursuant to this loan agreement. "Loan Amount" means either an Estimated Loan Amount or a Final Loan Amount, as applicable. "Loan Fund" means the special fund created by the RECIPIENT for the repayment of the principal of and interest on the loan. "Loan Security" means the mechanism by which the RECIPIENT pledges to repay the loan. "Loan Term" means the repayment period of the loan. "Maintenance and Operation Expense" means all reasonable expenses incurred by the RECIPIENT in causing the Utility to be operated and maintained in good repair, working order, and condition including payments to other parties, but will not include any depreciation or RECIPIENT levied taxes or payments to the RECIPIENT in lieu of taxes. "Net Revenue" means the Gross Revenue less the Maintenance and Operation Expense. "Original Engineer's Estimate" means the engineer's estimate of construction costs included with bid documents. "Principal and Interest Account" means, for a loan that constitutes Revenue -Secured Debt, the account created in the loan fund to be first used to repay the principal of and interest on the loan. "Project" means the project described in this agreement. "Project Completion Date" means the date specified in the agreement on which the Scope of Work will be fully completed. This term is only used in loan agreements. "Project Schedule" means that schedule for the project specified in the agreement. "Revenue -Secured Debt" means an obligation of the RECIPIENT secured by a pledge of the revenue of a utility and one not a general obligation of the RECIPIENT. "Reserve Account" means, for a loan that constitutes a Revenue Secured Debt and if specifically identified as a term and condition of the funding agreement, the account of that name created in the loan fund to secure the payment of the principal of and interest on the loan. "Risk -Based Determination" means an approach to sub -recipient monitoring and oversight based on risk factors associated to a RECIPIENT or project. "Scope of Work" means the tasks and activities constituting the project. Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00074 Project Title: Spokane Valley Regional Decant Facility Canopy Recipient Name: City of Spokane Valley Page 18 of 43 "Section 319" means the section of the Clean Water Act that provides funding to address nonpoint sources of water pollution . "Senior Lien Obligations" means all revenue bonds and other obligations of the RECIPIENT outstanding on the date of execution of this loan agreement (or subsequently issued on a parity therewith, including refunding obligations) or issued after the date of execution of this loan agreement having a claim or lien on the Gross Revenue of the Utility prior and superior to the claim or lien of the loan, subject only to Maintenance and Operation Expense. "State Water Pollution Control Revolving Fund (Revolving Fund)" means the water pollution control revolving fund established by Chapter 90.50A.020 RCW. "Termination Date" means the effective date of ECOLOGY'S termination of the agreement. "Termination Payment Date" means the date on which the RECIPIENT is required to repay to ECOLOGY any outstanding balance of the loan and all accrued interest. "Total Eligible Project Cost" means the sum of all costs associated with a water quality project that have been determined to be eligible for ECOLOGY grant or loan funding, including any required recipient match. "Total Project Cost" means the sum of all costs associated with a water quality project, including costs that are not eligible for ECOLOGY grant or loan funding. "ULID" means any utility local improvement district of the RECIPIENT created for the acquisition or construction of additions to and extensions and betterments of the Utility. "ULID Assessments" means all assessments levied and collected in any ULID. Such assessments are pledged to be paid into the Loan Fund (less any prepaid assessments permitted by law to be paid into a construction fund or account). ULID Assessments will include principal installments and any interest or penalties which may be due. "Utility" means the sewer system, stormwater system, or the combined water and sewer system of the RECIPIENT, the Net Revenue of which is pledged to pay and secure the loan. SECTION 2: THE FOLLOWING CONDITIONS APPLY TO ALL RECIPIENTS OF WATER QUALITY COMBINED FINANCIAL ASSISTANCE FUNDING. The Water Quality Financial Assistance Funding Guidelines are included in this agreement by reference and are available on ECOLOGY's Water Quality Program website. A. Architectural and Engineering Services: The RECIPIENT certifies by signing this agreement that the requirements of Chapter 39.80 RCW, "Contracts for Architectural and Engineering Services," have been, or shall be, met in procuring qualified architectural/engineering services. The RECIPIENT shall identify and separate eligible and ineligible costs in the final architectural/engineering services contract and submit a copy of the contract to ECOLOGY. B. Acquisition: The following provisions shall be in force only if the project described in this agreement is an acquisition project: Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00074 Project Title: Spokane Valley Regional Decant Facility Canopy Recipient Name: City of Spokane Valley Page 19 of 43 a. Evidence of Land Value and Title. The RECIPIENT shall submit documentation of the cost of the property rights and the type of ownership interest that has been acquired. b. Legal Description of Real Property Rights Acquired. The legal description of the real property rights purchased with funding assistance provided through this agreement (and protected by a recorded conveyance of rights to the State of Washington) shall be incorporated into the agreement before final payment. c. Conveyance of Rights to the State of Washington. Upon purchase of real property rights (both fee simple and lesser interests), the RECIPIENT shall execute the document necessary to convey certain rights and responsibilities to ECOLOGY, on behalf of the State of Washington. The documents required will depend on the project type, the real property rights being acquired, and whether or not those rights are being acquired in perpetuity (see options below). The RECIPIENT shall use language provided by ECOLOGY, to record the executed document in the County where the real property lies, and to provide a copy of the recorded document to ECOLOGY. Documentation Options: 1. Deed of Right. The Deed of Right conveys to the people of the state of Washington the right to preserve, protect, and/or use the property for public purposes consistent with the fund source. RECIPIENTs shall use this document when acquiring real property rights that include the underlying land. This document may also be applicable for those easements where the RECIPIENT has acquired a perpetual easement for public purposes. The RECIPIENT must obtain ECOLOGY approval on the draft language prior to executing the deed of right. 2. Assignment of Rights. The Assignment of Rights document transfers certain rights such as access and enforcement to ECOLOGY. The RECIPIENT shall use this document when an easement or lease is being acquired for water quality and habitat conservation. The Assignment of Rights requires the signature of the underlying landowner and must be incorporated by reference in the easement document. 3. Easements and Leases. The RECIPIENT may incorporate required language from the Deed of Right or Assignment of Rights directly into the easement or lease document, thereby eliminating the requirement for a separate document. Language will depend on the situation; therefore, the RECIPIENT must obtain ECOLOGY approval on the draft language prior to executing the easement or lease. d. Real Property Acquisition and Relocation Assistance. 1. Federal Acquisition Policies. See Section 4 of this agreement for requirements specific to Section 319 and SRF funded projects. 2. State Acquisition Policies. When state funds are part of this agreement, the RECIPIENT agrees to comply with the terms and conditions of the Uniform Relocation Assistance and Real Property Acquisition Policy of the State of Washington, Chapter 8.26 RCW, and Chapter 468-100 WAC. 3. Housing and Relocation. In the event that housing and relocation costs, as required by federal law set out in subsection (1) above and/or state law set out in subsection (2) above, are involved in the execution of this project, the RECIPIENT agrees to provide any housing and relocation assistance required. Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00074 Project Title: Spokane Valley Regional Decant Facility Canopy Recipient Name: City of Spokane Valley e. Hazardous Substances. Page 20 of 43 1. Certification. The RECIPIENT shall inspect, investigate, and conduct an environmental audit of the proposed acquisition site for the presence of hazardous substances, as defined in RCW 70.105D.020(10), and certify: i. No hazardous substances were found on the site, or ii. Any hazardous substances found have been treated and/or disposed of in compliance with applicable state and federal laws, and the site is deemed "clean." 2. Responsibility. Nothing in this provision alters the RECIPIENT's duties and liabilities regarding hazardous substances as set forth in RCW 70.105D. 3. Hold Harmless. The RECIPIENT will defend, protect and hold harmless ECOLOGY and any and all of its employees and/or agents, from and against any and all liability, cost (including but not limited to all costs of defense and attorneys' fees) and any and all loss of any nature from any and all claims or suits resulting from the presence of, or the release or threatened release of, hazardous substances on the property the RECIPIENT is acquiring. f. Restriction On Conversion Of Real Property And/Or Facilities To Other Uses The RECIPIENT shall not at any time convert any real property (including any interest therein) or facility acquired, developed, maintained, renovated, and/or restored pursuant to this agreement to uses other than those purposes for which funds were approved without prior approval of ECOLOGY. For acquisition projects that are term limited, such as one involving a lease or a term -limited restoration, renovation or development project or easement, this restriction on conversion shall apply only for the length of the term, unless otherwise provided in written documents or required by applicable state or federal law. In such case, the restriction applies to such projects for the length of the term specified by the lease, easement, deed, or landowner agreement. C. Best Management Practices (BMP) Implementation: If the RECIPIENT installs BMPs that are not approved by ECOLOGY prior to installation, the RECIPIENT assumes the risk that part or all of the reimbursement for that activity may be delayed or ineligible. For more details regarding BMP Implementation, please reference the Water Quality Financial Assistance Funding Guidelines available on ECOLOGY's Water Quality Program funding website. D. Electronic Fund Transfers: The RECIPIENT must register as a statewide vendor in order to receive payment reimbursement. Washington State's Department of Enterprise Services (DES) issues all payments. DES maintains a central vendor file for Washington State agency use to process vendor payments. The RECIPIENT can complete the registration process online at: http://des.wa.gov/services/ContractingPurchasing/Business/VendorPay/Pages/default.aspx. This registration process allows the RECIPIENT to sign up for direct deposit payments, also known as electronic fund transfers (EFT). If the RECIPIENT has questions about the vendor registration process or setting up direct deposit payments contact DES Payee Help Desk at (360) 407-8180or payeehelpdesk@watech.wa.gov. E. Equipment Purchase: Equipment purchases over $5,000 and not included in the scope of work or the Ecology approved construction plans and specifications, must be pre -approved by ECOLOGY's project manager before purchase. All equipment purchases over $5,000 and not included in a contract for work being completed on the funded project, must also Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00074 Project Title: Spokane Valley Regional Decant Facility Canopy Recipient Name: City of Spokane Valley be reported on the Equipment Purchase Report in EAGL. Page 21 of 43 F. Funding Recognition: The RECIPIENT must inform the public about ECOLOGY or any EPA (see Section 3.B for Section 319 funded or Section 5.E for SRF funded projects) funding participation in this project through the use of project signs, acknowledgement in published materials, reports, the news media, websites, or other public announcements. Projects addressing site-specific locations must utilize appropriately sized and weather -resistant signs. Sign logos are available from ECOLOGY's Financial Manager upon request. G. Growth Management Planning: The RECIPIENT certifies by signing this agreement that it is in compliance with the requirements of Chapter 36.70A RCW, "Growth Management Planning by Selected Counties and Cities." If the status of compliance changes, either through RECIPIENT or legislative action, the RECIPIENT shall notify ECOLOGY in writing of this change within 30 days. H. Interlocal: The RECIPIENT certifies by signing this agreement that all negotiated interlocal agreements necessary for the project are, or shall be, consistent with the terms of this agreement and Chapter 39.34 RCW, "Interlocal Cooperation Act." The RECIPIENT shall submit a copy of each interlocal agreement necessary for the project to ECOLOGY upon request. I. Lobbying and Litigation: Costs incurred for the purposes of lobbying or litigation are not eligible for funding under this agreement. J. Post Project Assessment Survey: The RECIPIENT agrees to participate in a brief survey regarding the key project results or water quality project outcomes and the status of long-term environmental results or goals from the project approximately three years after project completion. A representative from ECOLOGY's Water Quality Program may contact the RECIPIENT to request this data. ECOLOGY may also conduct site interviews and inspections, and may otherwise evaluate the project, as part of this assessment. K. Project Status Evaluation: ECOLOGY may evaluate the status of this project 18 months from the effective date of this agreement. ECOLOGY's Project Manager and Financial Manager will meet with the RECIPIENT to review spending trends, completion of outcome measures, and overall project administration and performance. If the RECIPIENT fails to make satisfactory progress toward achieving project outcomes, ECOLOGY may change the scope of work, reduce grant funds, or increase oversight measures. L. Technical Assistance: Technical assistance for agriculture activities provided under the terms of this agreement shall be consistent with the current U.S. Natural Resource Conservation Service ("NRCS") Field Office Technical Guide for Washington State and specific requirements outlined in the Water Quality Funding Guidelines. Technical assistance, proposed practices, or project designs that do not meet these standards may be eligible if approved in writing by ECOLOGY. SECTION 3: THE FOLLOWING CONDITIONS APPLY TO SECTION 319 AND CENTENNIAL CLEAN WATER FUNDED PROJECTS BEING USED TO MATCH SECTION 319 FUNDS. The RECIPIENT must submit the following documents to ECOLOGY before this agreement is signed by ECOLOGY: 1. Federal Funding Accountability and Transparency Act (FFATA) Form, available on the Water Quality Program website. Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00074 Project Title: Spokane Valley Regional Decant Facility Canopy Recipient Name: City of Spokane Valley 2. "Section 319 Initial Data Reporting" form in EAGL. Page 22 of 43 A. Data Reporting: The RECIPIENT must complete the "Section 319 Initial Data Reporting" form in EAGL before this agreement can be signed by Ecology. This form is used to gather general information about the project for EPA. B. Funding Recognition and Outreach: In addition to Section 2.F of these Terms and Conditions, the RECIPIENT shall provide signage that informs the public that the project is funded by EPA. The signage shall contain the EPA logo and follow usage requirements available at http://www2.epa.gov/stylebook/using-epa-seal-and-logo. To obtain the appropriate EPA logo or seal graphic file, the RECIPIENT may sent a request to their Ecology Financial Manager. To increase public awareness of projects serving communities where English is not the predominant language, RECIPIENTS are encouraged to provide their outreach strategies communication in non-English languages. Translation costs for this purpose are allowable, provided the costs are reasonable. The RECIPIENT shall use the following paragraph in all reports, documents, and signage developed under this agreement: "This project has been funded wholly or in part by the United States Environmental Protection Agency under an assistance agreement to the Washington State Department of Ecology. The contents of this document do not necessarily reflect the views and policies of the Environmental Protection Agency, nor does the mention of trade names or commercial products constitute endorsement or recommendation for use." C. Load Reduction Reporting: The RECIPIENT shall complete the "Section 319 Annual Load Reduction Reporting" form in EAGL by January 15 of each year and at project close-out. ECOLOGY may hold reimbursements until the RECIPIENT has completed the form. This form is used to gather information on best management practices (BMPs) installed and associated pollutant load reductions that were funded as a part of this project. D. Time Extension: The RECIPIENT may request a one-time extension for up to 12 months. However, the time extension cannot exceed the time limitation established in EPA's assistance agreement. In the event a time extension is requested and approved by ECOLOGY, the RECIPIENT must complete all eligible work performed under this agreement by the expiration date. SECTION 4: THE FOLLOWING CONDITIONS APPLY TO SECTION 319 AND STATE REVOLVING FUND (SRF) LOAN FUNDED PROJECTS ONLY. A. Accounting Standards: The RECIPIENT shall maintain accurate records and accounts for the project (PROJECT Records) in accordance with Generally Accepted Accounting Principles (GAAP) as issued by the Governmental Accounting Standards Board (GASB), including standards related to the reporting of infrastructure assets or in accordance with the standards in Chapter 43.09.200 RCW "Local Government Accounting — Uniform System ofAccounting". B. Acquisitions: Section 319 and SRF Equivalency project RECIPIENTs shall comply with the terms and conditions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 84 Stat. 1894 (1970) --Public Law 91-646, as amended by the Surface Transportation and Uniform Relocation Assistance Act, PL 100-17-1987, and applicable regulations and procedures of the federal agency implementing that Act. Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00074 Project Title: Spokane Valley Regional Decant Facility Canopy Recipient Name: City of Spokane Valley Page 23 of 43 C. Audit Requirements: In accordance with 2 CFR 200.501(a), the RECIPIENT agrees to obtain a single audit from an independent auditor, if their organization expends $750,000 or more in total Federal funds in their fiscal year. The RECIPIENT must submit the form SF -SAC and a Single Audit Report Package within 9 months of the end of the fiscal year or 30 days after receiving the report from an independent auditor. The SF -SAC and a Single Audit Report Package MUST be submitted using the Federal Audit Clearinghouse's Internet Data Entry System available at: https://harvester.census.gov/fac/collect/ddeindex.html. For complete information on how to accomplish the single audit submission, go to the Federal Audit Clearinghouse Web site: http://harvester.census.gov/fac/. D. Archaeological Resources and Historic Properties (Section 106): The RECIPIENT shall comply with the additional requirements under section 106 of the National Historic Preservation Act (NHPA, 36 CFR 800). E. Data Universal Numbering System (DUNS) and Central Contractor Registration (CCR) Requirements: RECIPIENTs shall have a DUNS number. Unless exempted from this requirement under 2 CFR 25.110, the RECIPIENT must ensure that their organization's information in the System for Award Management (SAM), https://www.sam.gov, is kept current through project closeout. This requires that the RECIPIENT reviews and updates the information at least annually after the initial registration, and more frequently if information changes. F. Disadvantaged Business Enterprise (DBE): General Compliance, 40 CFR, Part 33. The RECIPIENT agrees to comply with the requirements of the Environmental Protection Agency's Program for Utilization of Small, Minority, and Women's Business Enterprises (MBE/WBE) 40CFR, Part 33 in procurement under this agreement. Six Good Faith Efforts, 40 CFR, Part 33, Subpart C. The RECIPIENT agrees to make the following good faith efforts whenever procuring construction, equipment, services, and supplies under this agreement. Records documenting compliance with the following six good faith efforts shall be retained: 1) Ensure Disadvantaged Business Enterprises are made aware of contracting opportunities to the fullest extent practicable through outreach and recruitment activities. For Indian Tribal, State and Local and Government RECIPIENTs, this shall include placing Disadvantaged Business Enterprises on solicitation lists and soliciting them whenever they are potential sources. 2) Make information on forthcoming opportunities available to Disadvantaged Business Enterprises and arrange time frames for contracts and establish delivery schedules, where the requirements permit, in a way that encourages and facilitates participation by Disadvantaged Business Enterprises in the competitive process. This includes, whenever possible, posting solicitations for bids or proposals for a minimum of thirty (30) calendar days before the bid or proposal closing date. 3) Consider, in the contracting process, whether firms competing for large contracts could subcontract with Disadvantaged Business Enterprises. For Indian Tribal, State, and Local Government RECIPIENTs, this shall include dividing total requirements when economically feasible into smaller tasks or quantities to permit maximum participation by Disadvantaged Business Enterprises in the competitive process. 4) Encourage contracting with a consortium of Disadvantaged Business Enterprises when a contract is too large for one of these firms to handle individually. 5) Use services and assistance of the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00074 Project Title: Spokane Valley Regional Decant Facility Canopy Recipient Name: City of Spokane Valley 6) If the prime contractor awards subcontracts, require the prime contractor to take the five good faith efforts steps in paragraphs 1 through 5 above. The RECIPIENT agrees to submit ECOLOGY's Contractor Participation Report Form D with each payment request. Contract Administration Provisions, 40 CFR, Section 33.302. The RECIPIENT agrees to comply with the contract administration provisions of 40 CFR, Section 33.302. Page 24 of 43 Non-discrimination Provision. The RECIPIENT shall not discriminate on the basis of race, color, national origin or sex in the performance of this agreement. The RECIPIENT shall carry out applicable requirements of 40 CFR Part 33 in the award and administration of contracts awarded under EPA financial assistance agreements. Failure by the RECIPIENT to carry out these requirements is a material breach of this agreement which may result in the termination of this contract or other legally available remedies. This does not preclude the RECIPIENT from enacting broader nondiscrimination protections. The RECIPIENT shall comply with all federal and state nondiscrimination laws, including but not limited to, Title VI and VII of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title IX of the Education Amendments of 1972, the Age Discrimination Act of 1975, and Chapter 49.60 RCW, Washington's Law Against Discrimination, and 42 U.S.C. 12101 et seq, the Americans with Disabilities Act (ADA). In the event of the RECIPIENT's noncompliance or refusal to comply with any applicable nondiscrimination law, regulation, or policy, this agreement may be rescinded, canceled, or terminated in whole or in part and the RECIPIENT may be declared ineligible for further funding from ECOLOGY. The RECIPIENT shall, however, be given a reasonable time in which to cure this noncompliance. The RECIPIENT shall include the following terms and conditions in contracts with all contractors, subcontractors, engineers, vendors, and any other entity for work or services pertaining to this agreement. "The Contractor will not discriminate on the basis of race, color, national origin or sex in the performance of this Contract. The Contractor will carry out applicable requirements of 40 CFR Part 33 in the award and administration of contracts awarded under Environmental Protection Agency financial agreements. Failure by the Contractor to carry out these requirements is a material breach of this Contract which may result in termination of this Contract or other legally available remedies." Bidder List, 40 CFR, Section 33.501(b) and (c). The RECIPIENT agrees to create and maintain a bidders list. The bidders list shall include the following information for all firms that bid or quote on prime contracts, or bid or quote subcontracts, including both MBE/WBEs and non-MBE/WBEs. 1. Entity's name with point of contact 2. Entity's mailing address, telephone number, and e-mail address 3. The procurement on which the entity bid or quoted, and when 4. Entity's status as an MBE/WBE or non-MBE/WBE G. Electronic and information Technology (EIT) Accessibility: RECIPIENTs shall ensure that loan funds provided under this Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00074 Project Title: Spokane Valley Regional Decant Facility Canopy Recipient Name: City of Spokane Valley Page 25 of 43 agreement for costs in the development or purchase of EIT systems or products provide individuals with disabilities reasonable accommodations and an equal and effective opportunity to benefit from or participate in a program, including those offered through electronic and information technology as per Section 504 of the Rehabilitation Act, codified in 40 CFR Part 7. Systems or products funded under this agreement must be designed to meet the diverse needs of users without barriers or diminished function or quality. Systems shall include usability features or functions that accommodate the needs of persons with disabilities, including those who use assistive technology. H. Hotel -Motel Fire Safety Act: The RECIPIENT shall ensure that all space for conferences, meetings, conventions or training seminars funded in whole or in part with federal funds complies with the protection and control guidelines of the Hotel and Motel Fire Safety Act (15 USC 2225a, PL 101-391, as amended). Recipients may search the Hotel -Motel National Master List at http://www.usfa.dhs.gov/applications/hotel/ to see if a property is in compliance, or to find other information about the Act. Pursuant to 15 USC 2225a. I. Trafficking In Persons: The RECIPIENT and RECIPIENT employees that are private entities shall not engage in forms of trafficking in persons during the period of time this agreement is effective. This includes, but is not limited to, the procurement of a commercial sex act or forced labor. The RECIPIENT shall notify ECOLOGY immediately of any information received from any source alleging a violation under this provision. SECTION 5: THE FOLLOWING CONDITIONS APPLY TO STATE REVOLVING FUND (SRF) LOAN FUNDED PROJECTS ONLY. The RECIPIENT must submit the following documents/forms to ECOLOGY before this agreement is signed by ECOLOGY: 1. Financial Capability Assessment Documentation 2. Opinion of RECIPIENT'S Legal Council 3. Authorizing Ordinance or Resolution 4. Federal Funding Accountability and Transparency Act (FFATA) Form 5. CWSRF Federal Reporting Information form available in EAGL 6. Fiscal Sustainability Plan Certification Form (only required if the project includes construction of a wastewater or stormwater facility construction) 7. Cost and Effectiveness Analysis Certification Form A. Alteration and Eligibility of Project: During the term of this agreement, the RECIPIENT (1) shall not materially alter the design or structural character of the project without the prior written approval of ECOLOGY and (2) shall take no action which would adversely affect the eligibility of the project as defined by applicable funding program rules and state statutes, or which would cause a violation of any covenant, condition, or provision herein. B. American Iron and Steel (Buy American): This loan provision applies to projects for the construction, alteration, maintenance, or repair of a "treatment works" as defined in the Federal Water Pollution Control Act (33 USC 1381 et seq.) The RECIPIENT shall ensure that all iron and steel products used in the project are produced in the United States. Iron and Steel products means the following products made primarily of iron or steel: lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast concrete, and construction materials. The RECIPIENT may request waiver from this requirement from the Administrator of Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00074 Project Title: Spokane Valley Regional Decant Facility Canopy Recipient Name: City of Spokane Valley Page 26 of 43 the Environmental Protection Agency. The RECIPIENT must coordinate all waiver requests through ECOLOGY. This provision does not apply if the engineering plans and specifications for the project were approved by ECOLOGY prior to January 17, 2014. ECOLOGY reserves the right to request documentation of RECIPIENT'S compliance with this provision. C. Authority of RECIPIENT: This agreement is authorized by the Constitution and laws of the state of Washington, including the RECIPIENT's authority, and by the RECIPIENT pursuant to the authorizing ordinance or resolution. The RECIPIENT shall submit a copy of the authorizing ordinance or resolution to the ECOLOGY Financial Manager before this agreement shall be signed by ECOLOGY. D. Equivalency Projects: (For designated equivalency projects only) 1. The RECIPIENT must procure architectural and engineering services in accordance with the federal requirements in Chapter 11 of Title 40, U.S.C. (see www.gpo.gov/fdsys/pkg/USCODE-2011-title40/pdf/USCODE-2011-title40-subtitlel-chap l l .pdf). E. Fiscal Sustainability Plan Certification: The RECIPIENT shall submit a completed Fiscal Sustainability Plan Certification before this agreement is signed by ECOLOGY. The Fiscal Sustainability Plan Certification is available from the ECOLOGY Financial Manager or on the Water Quality Program website. F. Funding Recognition and Outreach: In addition to Section 2.F of these Terms and Conditions, the RECIPIENT agrees to comply with the EPA SRF Signage Guidance in order to enhance public awareness of EPA assistance agreements nationwide. The signage guidance can be found at: http://www.ecy.wa.gov/programs/wq/funding/FundPrgm s/C W SRF/SignageGuidanceJune2015.pdf. G. Insurance: The RECIPIENT shall at all times carry fire and extended insurance coverage, public liability, and property damage, and such other forms of insurance with responsible insurers and policies payable to the RECIPIENT on such of the buildings, equipment, works, plants, facilities, and properties of the Utility as are ordinarily carried by municipal or privately -owned utilities engaged in the operation of like systems, and against such claims for damages as are ordinarily carried by municipal or privately -owned utilities engaged in the operation of like systems, or it shall self -insure or participate in an insurance pool or pools with reserves adequate, in the reasonable judgment of the RECIPIENT, to protect it against loss. H. Litigation Authority: No litigation is now pending, or to the RECIPIENT's knowledge, threatened, seeking to restrain, or enjoin: (i) the execution of this agreement; or (ii) the fixing or collection of the revenues, rates, and charges or the formation of the ULID and the levy and collection of ULID Assessments therein pledged to pay the principal of and interest on the loan (for revenue secured lien obligations); or (iii) the levy and collection of the taxes pledged to pay the principal of and interest on the loan (for general obligation -secured loans and general obligation payable from special -assessment -secured loans); or (iv) in any manner questioning the proceedings and authority under which the agreement, the loan, or the project are authorized. Neither the corporate existence, or boundaries of the RECIPIENT nor the title of its present officers to their Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00074 Project Title: Spokane Valley Regional Decant Facility Canopy Recipient Name: City of Spokane Valley Page 27 of 43 respective offices is being contested. No authority or proceeding for the execution of this agreement has been repealed, revoked, or rescinded. I. Loan Interest Rate and Terms: This loan agreement shall remain in effect until the date of final repayment of the loan, unless terminated earlier according to the provisions herein. When the Project Completion Date has occurred, ECOLOGY and the RECIPIENT shall execute an amendment to this loan agreement which details the final loan amount (Final Loan Amount), and ECOLOGY shall prepare a final loan repayment schedule. The Final Loan Amount shall be the combined total of actual disbursements made on the loan and all accrued interest to the computation date. The Estimated Loan Amount and the Final Loan Amount (in either case, as applicable, a "Loan Amount") shall bear interest based on the interest rate identified in this agreement as the "Effective Interest Rate," per annum, calculated on the basis of a 365 day year. Interest on the Estimated Loan Amount shall accrue from and be compounded monthly based on the date that each payment is mailed to the RECIPIENT. The Final Loan Amount shall be repaid in equal installments, semiannually, over the term of this loan "Loan Term" as outlined in this agreement. J. Loan Repayment: Sources of Loan Repayment 1. Nature of RECIPIENT's Obligation. The obligation of the RECIPIENT to repay the loan from the sources identified below and to perform and observe all other agreements and obligations on its part, contained herein, shall be absolute and unconditional, and shall not be subject to diminution by setoff, counterclaim, or abatement of any kind. To secure the repayment of the loan from ECOLOGY, the RECIPIENT agrees to comply with all of the covenants, agreements, and attachments contained herein. 2. For General Obligation. This loan is a General Obligation Debt of the RECIPIENT. 3. For General Obligation Payable from Special Assessments. This loan is a General Obligation Debt of the RECIPIENT payable from special assessments to be imposed within the constitutional and statutory tax limitations provided by law without a vote of the electors of the RECIPIENT on all of the taxable property within the boundaries of the RECIPIENT. 4. For Revenue -Secured: Lien Position. This loan is a Revenue -Secured Debt of the RECIPIENT's Utility. This loan shall constitute a lien and charge upon the Net Revenue junior and subordinate to the lien and charge upon such Net Revenue of any Senior Lien Obligations. In addition, if this loan is also secured by Utility Local Improvement Districts (ULID) Assessments, this loan shall constitute a lien upon ULID Assessments in the ULID prior and superior to any other charges whatsoever. 5. Other Sources of Repayment. The RECIPIENT may repay any portion of the loan from any funds legally available to it. 6. Defeasance of the Loan. So long as ECOLOGY shall hold this loan, the RECIPIENT shall not be entitled to, and shall not affect, an economic Defeasance of the loan. The RECIPIENT shall not advance refund the loan. Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00074 Project Title: Spokane Valley Regional Decant Facility Canopy Recipient Name: City of Spokane Valley Page 28 of 43 If the RECIPIENT defeases or advance refunds the loan, it shall be required to use the proceeds thereof immediately upon their receipt, together with other available RECIPIENT funds, to repay both of the following: (i) The Loan Amount with interest (ii) Any other obligations of the RECIPIENT to ECOLOGY under this agreement, unless in its sole discretion ECOLOGY finds that repayment from those additional sources would not be in the public interest. Failure to repay the Loan Amount plus interest within the time specified in ECOLOGY's notice to make such repayment shall incur Late Charges and shall be treated as a Loan Default. 7. Refinancing or Early Repayment of the Project. So long as ECOLOGY shall hold this loan, the RECIPIENT shall give ECOLOGY thirty days written notice if the RECIPIENT intends to refinance or make early repayment of the loan. Method and Conditions on Repayments 1. Semiannual Payments. Notwithstanding any other provision of this agreement, the first semiannual payment of principal and interest on this loan shall be due and payable no later than one year after the project completion date or initiation of operation date, whichever comes first. Thereafter, equal payments shall be due every six months. If the due date for any semiannual payment falls on a Saturday, Sunday, or designated holiday for Washington State agencies, the payment shall be due on the next business day for Washington State agencies. Payments shall be mailed to: Department of Ecology Cashiering Unit P.O. Box 47611 Olympia WA 98504-7611 In lieu of mailing payments, electronic fund transfers can be arranged by working with ECOLOGY's Financial Manager. No change to the amount of the semiannual principal and interest payments shall be made without a mutually signed amendment to this agreement. The RECIPIENT shall continue to make semiannual payments based on this agreement until the amendment is effective, at which time the RECIPIENT's payments shall be made pursuant to the amended agreement. 2. Late Charges. If any amount of the Final Loan Amount or any other amount owed to ECOLOGY pursuant to this agreement remains unpaid after it becomes due and payable, ECOLOGY may assess a late charge. The late charge shall be one percent per month on the past due amount starting on the date the debt becomes past due and until it is paid in full. 3. Repayment Limitations. Repayment of the loan is subject to the following additional limitations, among others: those on defeasance, refinancing and advance refunding, termination, and default and recovery of payments. Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00074 Project Title: Spokane Valley Regional Decant Facility Canopy Recipient Name: City of Spokane Valley Page 29 of 43 4. Prepayment of Loan. So long as ECOLOGY shall hold this loan, the RECIPIENT may prepay the entire unpaid principal balance of and accrued interest on the loan or any portion of the remaining unpaid principal balance of the Loan Amount. Any prepayments on the loan shall be applied first to any accrued interest due and then to the outstanding principal balance of the Loan Amount. If the RECIPIENT elects to prepay the entire remaining unpaid balance and accrued interest, the RECIPIENT shall first contact ECOLOGY's Revenue/Receivable Manager of the Fiscal Office. K. Loan Security Due Regard: For loans secured with a Revenue Obligation: The RECIPIENT shall exercise due regard for Maintenance and Operation Expense and the debt service requirements of the Senior Lien Obligations and any other outstanding obligations pledging the Gross Revenue of the Utility, and it has not obligated itself to set aside and pay into the loan Fund a greater amount of the Gross Revenue of the Utility than, in its judgment, shall be available over and above such Maintenance and Operation Expense and those debt service requirements. Where collecting adequate gross utility revenue requires connecting additional users, the RECIPIENT shall require the sewer system connections necessary to meet debt obligations and expected operation and maintenance expenses. Levy and Collection of Taxes (if used to secure the repayment of the loan): For so long as the loan is outstanding, the RECIPIENT irrevocably pledges to include in its budget and levy taxes annually within the constitutional and statutory tax limitations provided by law without a vote of its electors on all of the taxable property within the boundaries of the RECIPIENT in an amount sufficient, together with other money legally available and to be used therefore, to pay when due the principal of and interest on the loan, and the full faith, credit and resources of the RECIPIENT are pledged irrevocably for the annual levy and collection of those taxes and the prompt payment of that principal and interest. Not an Excess Indebtedness: For loans secured with a general obligation pledge or a general obligation pledge on special assessments: The RECIPIENT agrees that this agreement and the loan to be made do not create an indebtedness of the RECIPIENT in excess of any constitutional or statutory limitations. Pledge of Net Revenue and ULID Assessments in the ULID (if used to secure the repayment of this loan): For so long as the loan is outstanding, the RECIPIENT irrevocably pledges the Net Revenue of the Utility, including applicable ULID Assessments in the ULID, to pay when due the principal of and interest on the loan. Utility Local Improvement District (ULID) Assessment Collection (if used to secure the repayment of the loan): All ULID Assessments in the ULID shall be paid into the Loan Fund and used to pay the principal of and interest on the loan. L. Maintenance and Operation of a Funded Utility: The RECIPIENT shall, at all times, maintain and keep the funded Utility in good repair, working order, and condition. M. Opinion of RECIPIENT'S Legal Counsel: The RECIPIENT must submit an "Opinion of Legal Counsel to the RECIPIENT" to ECOLOGY before this agreement will be signed. ECOLOGY will provide the form. N. Prevailing Wage (Davis -Bacon Act): The RECIPIENT agrees, by signing this agreement, to comply with the Davis -Bacon Act prevailing wage requirements. This applies to the construction, alteration, and repair of treatment works carried out, in whole or in part, with assistance made available by the State Revolving Fund as authorized by Section 513, title VI of the Federal Water Pollution Control Act (33 U.S.C. 1372). Laborers and mechanics employed by contractors and Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00074 Project Title: Spokane Valley Regional Decant Facility Canopy Recipient Name: City of Spokane Valley Page 30 of 43 subcontractors shall be paid wages not less often than once a week and at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor. The RECIPIENT shall obtain the wage determination for the area in which the project is located prior to issuing requests for bids, proposals, quotes or other methods for soliciting contracts (solicitation). These wage determinations shall be incorporated into solicitations and any subsequent contracts. The RECIPIENT shall ensure that the required EPA contract language regarding Davis -Bacon Wages is in all contracts and sub contracts in excess of $2,000. The RECIPIENT shall maintain records sufficient to document compliance with the Davis -Bacon Act, and make such records available for review upon request. The RECIPIENT also agrees, by signing this agreement, to comply with State Prevailing Wages on Public Works, Chapter 39.12 RCW, as applicable. Compliance may include the determination whether the project involves "public work" and inclusion of the applicable prevailing wage rates in the bid specifications and contracts. The RECIPIENT agrees to maintain records sufficient to evidence compliance with Chapter 39.12 RCW, and make such records available for review upon request. O. Progress Reports: RECIPIENTS funded with State Revolving Fund Loan or Forgivable Principal shall include the following verification statement in the "General Comments" text box of each progress report. "We verify that we are in compliance with all the requirements as outlined in our funding agreement(s) with the Department of Ecology. This includes but is not limited to: - The Davis -Bacon Act, 29 CFR (If applicable) - Washington State Prevailing Wage Rate, Chapter 39.12 RCW (Pertaining to all recipients) - The Disadvantaged Business Enterprise (DBE), 40 CFR, Part 33" P. Representations and Warranties: The RECIPIENT represents and warrants to ECOLOGY as follows: Application: Material Information. All information and materials submitted by the RECIPIENT to ECOLOGY in connection with its loan application were, when made, and are, as of the date the RECIPIENT signs this agreement, true and correct. There is no material adverse information relating to the RECIPIENT, the project, the loan, or this agreement known to the RECIPIENT, which has not been disclosed in writing to ECOLOGY. Existence; Authority. It is a duly formed and legally existing municipal corporation or political subdivision of the state of Washington or a federally recognized Indian Tribe. It has full corporate power and authority to execute, deliver, and perform all of its obligations under this agreement and to undertake the project identified herein. Certification. Each payment request shall constitute a certification by the RECIPIENT to the effect that all representations and warranties made in this loan agreement remain true as of the date of the request and that no adverse developments, affecting the financial condition of the RECIPIENT or its ability to complete the project or to repay the principal of or interest on the loan, have occurred since the date of this loan agreement. Any changes in the RECIPIENT's financial condition shall be disclosed in writing to ECOLOGY by the RECIPIENT in its request for payment. Q. Sale or Disposition of Funded Utility: The RECIPIENT shall not sell, transfer, or otherwise dispose of any of the works, plant, properties, facilities, or other part of the funded Utility or any real or personal property comprising a part of the funded Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00074 Project Title: Spokane Valley Regional Decant Facility Canopy Recipient Name: City of Spokane Valley Utility unless: Page 31 of 43 1. The facilities or property transferred are not material to the operation of the funded Utility, or have become unserviceable, inadequate, obsolete, or unfit to be used in the operation of the funded Utility or are no longer necessary, material, or useful to the operation of the funded Utility; or 2. The aggregate depreciated cost value of the facilities or property being transferred in any fiscal year comprises no more than three percent of the total assets of the funded Utility; or 3. The RECIPIENT receives from the transferee an amount equal to an amount which will be in the same proportion to the net amount of Senior Lien Obligations and this LOAN then outstanding (defined as the total amount outstanding less the amount of cash and investments in the bond and loan funds securing such debt) as the Gross Revenue of the funded Utility from the portion of the funded Utility sold or disposed of for the preceding year bears to the total Gross Revenue for that period. 4. Expressed written agreement by the DEPARTMENT. The proceeds of any transfer under this paragraph must be used (1) to redeem promptly, or irrevocably set aside for the redemption of, Senior Lien Obligations and to redeem promptly the loan, and (2) to provide for part of the cost of additions to and betterments and extensions of the Utility. R. Sewer -Use Ordinance or Resolution for Funded Wastewater Facility Projects: If not already in existence, the RECIPIENT shall adopt and shall enforce a sewer -use ordinance or resolution. Such ordinance or resolution shall be submitted to ECOLOGY upon request. The sewer use ordinance must include provisions to: 1) Prohibit the introduction of toxic or hazardous wastes into the RECIPIENT's sewer system. 2) Prohibit inflow of stormwater into separated sewer systems. 3) Require that new sewers and connections be properly designed and constructed. S. Termination and Default: Termination and Default Events 1. For Insufficient ECOLOGY or RECIPIENT Funds. ECOLOGY may terminate this loan agreement for insufficient ECOLOGY or RECIPIENT funds. 2. For Failure to Commence Work. ECOLOGY may terminate this loan agreement for failure of the RECIPIENT to commence project work. 3. Past Due Payments. The RECIPIENT shall be in default of its obligations under this loan agreement when any loan repayment becomes 60 days past due. Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00074 Project Title: Spokane Valley Regional Decant Facility Canopy Recipient Name: City of Spokane Valley Page 32 of 43 4. Other Cause. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance in full by the RECIPIENT of all of its obligations under this loan agreement. The RECIPIENT shall be in default of its obligations under this loan agreement if, in the opinion of ECOLOGY, the RECIPIENT has unjustifiably failed to perform any obligation required of it by this loan agreement. Procedures for Termination. If this loan agreement is terminated prior to project completion, ECOLOGY shall provide to the RECIPIENT a written notice of termination at least five working days prior to the effective date of termination (the "Termination Date"). The written notice of termination by the ECOLOGY shall specify the Termination Date and, when applicable, the date by which the RECIPIENT must repay any outstanding balance of the loan and all accrued interest (the "Termination Payment Date"). Termination and Default Remedies No Further Payments. On and after the Termination Date, or in the event of a default event, ECOLOGY may, at its sole discretion, withdraw the loan and make no further payments under this agreement. Repayment Demand. In response to an ECOLOGY initiated termination event, or in response to a loan default event, ECOLOGY may at its sole discretion demand that the RECIPIENT repay the outstanding balance of the Loan Amount and all accrued interest. Interest after Repayment Demand. From the time that ECOLOGY demands repayment of funds, amounts owed by the RECIPIENT to ECOLOGY shall accrue additional interest at the rate of one percent per month, or fraction thereof. Accelerate Repayments. In the event of a default, ECOLOGY may, in its sole discretion, declare the principal of and interest on the loan immediately due and payable, subject to the prior lien and charge of any outstanding Senior Lien Obligation upon the Net Revenue. That is, the loan is not subject to acceleration so long as any Senior Lien Obligations are outstanding. Repayments not made immediately upon such acceleration will incur Late Charges. Late Charges. All amounts due to ECOLOGY and not paid by the RECIPIENT by the Termination Payment Date or after acceleration following a default event, as applicable, shall incur late charges. Intercept State Funds. In the event of a default event and in accordance with Chapter 90.50A.060 RCW, "Defaults," any state funds otherwise due to the RECIPIENT may, at ECOLOGY's sole discretion, be withheld and applied to the repayment of the loan. Property to ECOLOGY. In the event of a default event and at the option of ECOLOGY, any personal property (equipment) acquired under this agreement may, in ECOLOGY's sole discretion, become ECOLOGY's property. In that circumstance, ECOLOGY shall reduce the RECIPIENT's liability to repay money by an amount reflecting the fair value of such property. Documents and Materials. If this agreement is terminated, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, and reports or other materials prepared by the RECIPIENT shall, at the option of ECOLOGY, become ECOLOGY property. The RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Collection and Enforcement Actions. In the event of a default event, the state of Washington reserves the right to take any Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00074 Project Title: Spokane Valley Regional Decant Facility Canopy Recipient Name: City of Spokane Valley Page 33 of 43 actions it deems necessary to collect the amounts due, or to become due, or to enforce the performance and observance of any obligation by the RECIPIENT, under this agreement. Fees and Expenses. In any action to enforce the provisions of this agreement, reasonable fees and expenses of attorneys and other reasonable expenses (including, without limitation, the reasonably allocated costs of legal staff) shall be awarded to the prevailing party as that term is defined in Chapter 4.84.330 RCW. Damages. Notwithstanding ECOLOGY's exercise of any or all of the termination or default remedies provided in this agreement, the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY and/or 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. T. User -Charge System for Funded Utilities: The RECIPIENT certifies that it has the legal authority to establish and implement a user -charge system and shall adopt a system of user -charges to assure that each user of the funded utility shall pay its proportionate share of the cost of operation and maintenance, including replacement during the design life of the project. The user -charge system will include provisions for a connection charge. In addition, the RECIPIENT shall regularly evaluate the user -charge system, at least annually, to ensure the system provides adequate revenues necessary to operate and maintain the funded utility, to establish reserves to pay for replacement, and to repay the loan. GENERAL FEDERAL CONDITIONS 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. A. CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY EXCLUSION: 1. The RECIPIENT/CONTRACTOR, by signing this agreement, certifies that it is not suspended, debarred, proposed for debarment, declared ineligible or otherwise excluded from contracting with the federal government, or from receiving contracts paid for with federal funds. If the RECIPIENT/CONTRACTOR is unable to certify to the statements contained in the certification, they must provide an explanation as to why they cannot. 2. The RECIPIENT/CONTRACTOR shall provide immediate written notice to ECOLOGY if at any time the RECIPIENT/CONTRACTOR learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances. 3. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact ECOLOGY for assistance in obtaining a copy of those regulations. 4. The RECIPIENT/CONTRACTOR agrees it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under the applicable Code of Federal Regulations, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction. 5. The RECIPIENT/CONTRACTOR further agrees by signing this agreement, that it will include this clause titled "CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY EXCLUSION" without modification in all lower tier covered transactions and in all solicitations for lower tier covered Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00074 Project Title: Spokane Valley Regional Decant Facility Canopy Recipient Name: City of Spokane Valley Page 34 of 43 transactions. 6. Pursuant to 2CFR180.330, the RECIPIENT/CONTRACTOR is responsible for ensuring that any lower tier covered transaction complies with certification of suspension and debarment requirements. 7. RECIPIENT/CONTRACTOR acknowledges that failing to disclose the information required in the Code of Federal Regulations may result in the delay or negation of this funding agreement, or pursuance of legal remedies, including suspension and debarment. 8. RECIPIENT/CONTRACTOR agrees to keep proof in its agreement file, that it, and all lower tier recipients or contractors, are not suspended or debarred, and will make this proof available to 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. B. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) REPORTING REQUIREMENTS: CONTRACTOR/RECIPIENT must complete the FFATA Data Collection Form (ECY 070-395) and return it with the signed agreement to ECOLOGY. Any CONTRACTOR/RECIPIENT that meets each of the criteria below must report compensation for its five tc executives using the FFATA Data Collection Form. • Receives more than $25,000 in federal funds under this award. • Receives more than 80 percent of its annual gross revenues from federal funds. • Receives more than $25,000,000 in annual federal funds. Ecology will not pay any invoices 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, at www.fsrs.gov <http://www.fsrs.gov/> within 30 days of agreement signature. The FFATA information will be available to the public at www.usaspending.gov <http://www.usaspending.gov/>. For more details on FFATA requirements, see www.fsrs.gov <http://www.fsrs.gov/>. Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00074 Project Title: Spokane Valley Regional Decant Facility Canopy Recipient Name: City of Spokane Valley GENERAL TERMS AND CONDITIONS Pertaining to Grant and Loan Agreements With the state of Washington, Department of Ecology GENERAL TERMS AND CONDITIONS AS OF LAST UPDATED 1/22/2018 VERSION Page 35 of 43 1. 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/ 1701004.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 the 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 and historic resources. The RECIPIENT must agree to hold harmless the State of Washington in relation to any claim related to historical or cultural artifacts discovered, disturbed, or damaged due to the RECIPIENT's project funded under this Agreement. RECIPIENT shall: a) Contact the ECOLOGY Program issuing the grant or loan to discuss any Cultural Resources requirements for their project : • For capital construction projects or land acquisitions for capital construction projects, if required, comply with Governor Executive Order 05-05, Archaeology and Cultural Resources. • For projects with any federal involvement, if required, comply with the National Historic Preservation Act. • Any cultural resources federal or state requirements must be completed prior to the start of any work on the project site. b) If required by the ECOLOGY Program, submit an Inadvertent Discovery Plan (IDP) to ECOLOGY prior to implementing any project that involves ground disturbing activities. ECOLOGY will provide the IDP form. RECIPIENT shall: • Keep the IDP at the project site. • Make the IDP readily available to anyone working at the project site. • Discuss the IDP with staff and contractors working at the project site. • Implement the IDP when cultural resources or human remains are found at the project site. c) If any archeological or historic resources are found while conducting work under this Agreement: • Immediately stop work and notify the ECOLOGY Program, the Department of Archaeology and Historic Preservation at (360) 586-3064, any affected Tribe, and the local government. d) If any human remains are found while conducting work under this Agreement: Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00074 Project Title: Spokane Valley Regional Decant Facility Canopy Recipient Name: City of Spokane Valley Page 36 of 43 • Immediately stop work and notify the local Law Enforcement Agency or Medical Examiner/Coroner's Office, and then the ECOLOGY Program. e) Comply with RCW 27.53, RCW 27.44.055, and RCW 68.50.645, and all other applicable local, state, and federal laws protecting cultural resources and human remains. 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. 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 require approval by ECOLOGY prior to expenditure. 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. f) ECOLOGY will pay the RECIPIENT thirty (30) days after receipt of a properly completed request for payment. g) RECIPIENT will receive payment through Washington State 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@watech.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) RECIPIENT must submit within thirty (30) days after the expiration date of this Agreement, all financial, performance, and other reports required by 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) RECIPIENT agrees to comply with all applicable laws, regulations, and policies of the United States and the State of Washington which affect wages and job safety. b) RECIPIENT agrees to be bound by all applicable 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 timeline for the permit and approval processes. Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00074 Project Title: Spokane Valley Regional Decant Facility Canopy Recipient Name: City of Spokane Valley Page 37of43 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 RECIPIENT 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, if required 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. 10. 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 (10) business days, unless more time is needed, after concluding the review. 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. 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 of a dispute, the RECIPIENT agrees to proceed diligently with the performance of this Agreement and in accordance with the decision rendered. Nothing in this Agreement will be construed to limit the parties' choice of another mutually acceptable method, in addition to the dispute resolution procedure outlined above. 11. ENVIRONMENTAL DATA STANDARDS a) RECIPIENT shall prepare a Quality Assurance Project Plan (QAPP) for a project that collects or uses environmental Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00074 Project Title: Spokane Valley Regional Decant Facility Canopy Recipient Name: City of Spokane Valley Page 38 of 43 measurement data. RECIPIENTS unsure about whether a QAPP is required for their project shall contact the ECOLOGY Program issuing the grant or loan. If a QAPP is required, the RECIPIENT shall: • Use ECOLOGY's QAPP Template/Checklist provided by the ECOLOGY, unless ECOLOGY Quality Assurance (QA) officer or the Program QA coordinator instructs otherwise. • Follow ECOLOGY's Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies, July 2004 (Ecology Publication No. 04-03-030). • Submit the QAPP to ECOLOGY for review and approval before the start of the work. b) RECIPIENT shall submit environmental data that was collected on a project to ECOLOGY using the Environmental Information Management system (EIM), unless the ECOLOGY Program instructs otherwise. The RECIPIENT must confirm with ECOLOGY that complete and correct data was successfully loaded into EIM, find instructions at: http://www.ecy.wa.gov/eim. c) RECIPIENT shall follow ECOLOGY's data standards when Geographic Information System (GIS) data is collected and processed. Guidelines for Creating and Accessing GIS Data are available at: https://ecology.wa.gov/Research-Data/Data-resources/Geographic-Information-Systems-GIS/Standards. RECIPIENT, when requested by ECOLOGY, shall provide copies to ECOLOGY of all final GIS data layers, imagery, related tables, raw data collection files, map products, and all metadata and project documentation. 12. GOVERNING 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 of Thurston 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 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: a) Include qualified minority and women's businesses on solicitation lists whenever they are potential sources of goods or services. Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00074 Project Title: Spokane Valley Regional Decant Facility Canopy Recipient Name: City of Spokane Valley Page 39 of 43 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 permit, 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 of the 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) The Agreement; (c) Scope of Work; (d) Special Terms and Conditions; (e) Any provisions or terms incorporated herein by reference, including the "Administrative Requirements for Recipients of Ecology Grants and Loans"; and (f) the General Terms and Conditions. 18. PRESENTATION AND PROMOTIONAL MATERIALS ECOLOGY reserves the right to approve RECIPIENT 's communication documents and materials related to the fulfillment of this Agreement: a) If requested, RECIPIENT shall provide a draft copy to ECOLOGY for review and approval ten (10) business days prior to production and distribution. b) RECIPIENT shall include time for ECOLOGY's review and approval process in their project timeline. c) If requested, RECIPIENT shall 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 with a message, such as a refrigerator magnet, and any online communications, such as web pages, blogs, and twitter campaigns. If it is not practical to provide a copy, then the RECIPIENT shall provide a description (photographs, drawings, printouts, etc.) that best represents the item. Any communications intended for public distribution that uses ECOLOGY's logo shall comply with ECOLOGY's graphic requirements and any additional requirements specified in this Agreement. Before the use of ECOLOGY'S logo contact ECOLOGY for guidelines. RECIPIENT shall acknowledge in the communications 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 1 through March 31, April 1 through June 30, July 1 through September 30, and October 1 through December 31. Reports shall be submitted within thirty (30) days after the end of the quarter being reported. e) RECIPIENT must submit within thirty (30) days of the expiration date of the project, unless an extension has been approved by ECOLOGY, all financial, performance, and other reports required by the agreement and funding program guidelines. 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 Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00074 Project Title: Spokane Valley Regional Decant Facility Canopy Recipient Name: City of Spokane Valley Page 40 of 43 under this Agreement, 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. c) 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. 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, or 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. If 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. f) Acquisition Projects. The following provisions shall apply if the project covered by this Agreement includes funds for the acquisition of land or facilities: 1. RECIPIENT shall establish that the cost is fair value and reasonable prior to disbursement of funds provided for in this Agreement. 2. 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. 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. Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00074 Project Title: Spokane Valley Regional Decant Facility Canopy Recipient Name: City of Spokane Valley Page 41 of 43 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. SEVERABILITY If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, and to this end the provisions of this Agreement are declared to be severable. 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 43.21C RCW and Chapter 197-11 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 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 100% post -consumer recycled paper. For more suggestions visit ECOLOGY's web page: Green Purchasing, , http s: //ecology.wa. gov/Regulations-Permits/Guidance-technical-assistance/Sustain able -purchasing. 27. TERMINATION a) For Cause Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00074 Project Title: Spokane Valley Regional Decant Facility Canopy Recipient Name: City of Spokane Valley Page 42 of 43 ECOLOGY may terminate 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 terminated, the parties shall be liable only for performance 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 -Performance. 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, except as noted below. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms 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 from 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 terminate 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 with no notification or restrictions, although ECOLOGY will make a reasonable attempt to provide notice. In the event of termination or suspension, ECOLOGY will reimburse eligible costs incurred by the recipient/contractor through the effective date of termination or suspension. Reimbursed costs must be agreed to by ECOLOGY and the recipient/contractor. In no event shall ECOLOGY's reimbursement exceed ECOLOGY's total responsibility under the agreement and any amendments. If payments have been discontinued by ECOLOGY due to unavailable funds, the RECIPIENT shall not be obligated to repay 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 RECIPIENT's governing body. c) By Mutual Agreement ECOLOGY and 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 Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00074 Project Title: Spokane Valley Regional Decant Facility Canopy Recipient Name: City of Spokane Valley Page 43 of 43 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 default 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. Version 10/30/2015 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: May 21, 2019 Check all that apply: ['consent ❑ old business ['information ® admin. report Department Director Approval: ['new business ['public hearing ['pending legislation ['executive session AGENDA ITEM TITLE: Sprague, University to Park Stormwater Improvements — Department of Ecology Agreement GOVERNING LEGISLATION: RCW 90.48, Chapter 173-200 WAC, Title 33 U.S.C. 1251-1376; Storm and Surface Water Utility: SVMC 3.80; Aquifer Protection Area Fund: RCW 36.36. The Federal Clean Water Act of 1987, Section 319, Chapter 173-95A WAC PREVIOUS COUNCIL ACTION TAKEN: • October 21, 2014 — Administrative Report discussing Washington State Department of Ecology stormwater grant opportunities resulting in consensus to apply for grants. • October 11, 2016 — Administrative Report discussing Washington State Department of Ecology stormwater grant opportunities resulting in consensus to apply for grants. • November 13, 2018 — Ordinance 18-024 adopting the 2019 City Budget, including $832,600 for Fund 403 (Aquifer Protection Area Fund) expenditures. BACKGROUND: The Department of Ecology, through the Water Quality Program for State Fiscal Year (SFY) 2016, issued a call for projects on September 1, 2014. Consensus from City Council to apply for grants was received on October 21, 2014. On July 07, 2015 this project was selected by the Department of Ecology for award, contingent on funding availability. In 2016, Ecology received direction from the Legislature to delay funding for 67 state-wide stormwater projects proposed to receive funding from the Stormwater Financial Assistance Program (SFAP) in SFY16 and SFY17. These delays were necessary to address a shortfall in the Model Toxics Control Act funds and were accompanied by significant reductions in both operating and capital budgets, across many environmental program areas. This stormwater project application was included on the SFY16 and SFY17 list of delayed projects. On February 21, 2018, the City was informed by the Department of Ecology that the 2017 — 2019 Washington State Biennial Budget successfully addressed funding shortfalls, and Ecology was authorized to resume agreement negotiation for this project. The Department of Ecology Water Quality Agreement will be used to provide treatment for total suspended solids (TSS), oil (total petroleum hydrocarbons) and will reduce the volume of pollutants that enter the groundwater. This project is located along two miles of Sprague Avenue, from University to Park Road. Stormwater in the project area is currently collected and discharged to ground without pretreatment via approximately 75 drywells. OPTIONS: Consensus from council to include this agreement on the May 28, 2019 agenda for motion approval consideration; or other appropriate action. BUDGET/FINANCIAL IMPACTS: Preliminary contributing cost estimate of $2,569,320 for improvements, with up to $1,500,000 reimbursed by Ecology. The following is a summary of the financial information. Ecology Share $1,500,000 (75% - SFAP) City Share (Fund 403) $ 500,000.00 (25% - SFAP) City Share (Fund 402/403) $ 569,320.00 (Inflationary increases) Total Eligible Costs $ 741,650.00 There are sufficient funds available in Fund 403, Aquifer Protection Area Fund, to cover 2019 expenditures associated with this Agreement. Subsequent Annual City Budgets will also identify sufficient funding in Fund 402/403 for future years' expenditures. STAFF CONTACT: Bill Helbig, PE — City Engineer Chad Phillips, PE — Stormwater Engineer ATTACHMENTS: PowerPoint Presentation Department of Ecology Water Quality Agreement Spokane Valle Sprague Ave. Improvements - Financials May 21, 2019 Initial Application Cost (2014) - $ 2,000,000 Revised Total Project Cost (2018) - $ 2,569,320 Final Total Grant Eligible Cost - $ 2,000,000 2 Financial / Cost Information Ecology Share City Share (Fund 403) City(Fund 402/403/Street) Total Project Costs $1,500,000.00 $ 500,000.00 $ 569,320.00 $2,569,320.00 (75% - SFAP) (25% - SFAP) (Inflationary Costs) Spokane 4l Valley May 21, 2019 Sprague Ave. Improvements —Financial Summary 3 75% Ecology Grant, 25% local match for water quality improvements eligible by the Stormwater Financial Assistance Program (SFAP) Potential inflationary increase in project cost of $500,000 between 2014 application estimate and present costs. Cost increases could be greater due to utility impacts. COSV can apply for Ecology reimbursement for overruns up to 10% Spokane _. Valley , 2019 Sprague Ave. Improvements —Project OverviewMay 21 Bio-Infiltration/Retention Swales 4 EXISTING 5' SeOE WALK 0.25' FREEBOARD 3.15' — GRATE INLET EXISTING Coral AMO GUTTER SCt.TIFY ND iNC ,R,E5,A IL INTO LOOS=. SI:TGRLCE 3" TO O• DEP I'rl EIIORETENT1ON SOIL NIX 10- DUCTILE IRON PIPE TO EXISTING DRYWELL 8.5' BIORETENTION SWALE ( ' TREATMENT FACILITY NTS po .ne Valley May 21, 2019 Sprague Ave. Improvements —Project Overview Bio -Filter Tree Box Spokane ,o•OValley Questions May 21, 2019 6 S""okan e,� P Valley DEPARTMENT OF ECOLOGY State of Washington Agreement No. WQC-2016-SpoVal-00122 WATER QUALITY COMBINED FINANCIAL ASSISTANCE AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND CITY OF SPOKANE VALLEY 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 Spokane Valley, hereinafter referred to as the "RECIPIENT," to carry out with the provided funds activities described herein. GENERAL INFORMATION Project Title: 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: Sprague, University to Park Stormwater Improvements $2,000,000.00 $2,000,000.00 $1,500,000.00 $500,000.00 07/01/2018 06/30/2023 Stormwater Facility Project Short Description: This project will improve water quality in the Spokane Valley-Rathdrum Prairie Aquifer through installation of Low Impact Development (LID) techniques including bioinfiltration, open bottom planter boxes, and/or cartridge media treatment, along Sprague Avenue between University and Park Roads in the City of Spokane Valley. This project will provide treatment for total suspended solids (TSS), oil (total petroleum hydrocarbons) and will reduce the volume of pollutants thet enter the groundwater. Project Long Description: The City of Spokane Valley is located over the Spokane Valley-Rathdrum Prairie (SVRP) Aquifer. The SVRP Aquifer is as an EPA designated sole source aquifer that provides drinking water to about 500,000 people. The SVRP Aquifer is also connected to the Spokane and Little Spokane Rivers, both of which are 303(d) list impaired water bodies with total maximum daily loads (TMDLs) in place for dissolved oxygen and dissolved metals. The entire City of Spokane State of Washington Department of Ecology Agreement No: WQC-2016-SpoVal-00122 Project Title: Sprague, University to Park Stormwater Improvements Recipient Name: City of Spokane Valley Valley is a Critical Aquifer Recharge Area and urban stormwater runoff is currently injected into the ground with no pretreatment. This project is located along two miles of Sprague Avenue, from University Avenue to Park Road. Sprague Avenue is a five lane, one way, west bound principal arterial in a fully developed commercial zone. Both sides of the arterial are lined with eight to twelve foot landscaped areas with mature trees that will not be removed. Stormwater in the project area is currently collected and discharged to ground without pretreatment via approximately 75 drywells. The RECIPIENT will retrofit approximately 60 drywells with a combination of treatment best management practices (BMPs) that will provide at least basic treatment. The treatment facilities will be designed to capture, treat, and infiltrate stormwater from 16 acres of pollution generating impervious surface. The RECIPIENT will use a combination of open bottomed planter boxes, bioinfiltration swales, and Contech storm filter cartridges. They will determine which combination of BMPs are most appropriate based on basin size, treatment area available, public preference, and the extent of existing rights of way and easements. This project will treat stormwater for TSS and oil. Overall Goal: This project will help protect and restore water quality in Washington state by reducing stormwater impacts from existing infrastructure and development. Version 10/30/2015 Page 2 of 40 State of Washington Department of Ecology Agreement No: WQC-2016-SpoVal-00122 Project Title: Sprague, University to Park Stormwater Improvements Recipient Name: City of Spokane Valley RECIPIENT INFORMATION Organization Name: City of Spokane Valley Federal Tax ID: 71-0914170 DUNS Number: 168240617 Mailing Address: 10210 East Sprague Avenue Spokane Valley, WA 99206 Physical Address: 10210 East Sprague Avenue Spokane Valley, Washington 99206 Organization Email: Organization Fax: Contacts cityhall@spokanevalley.org (509) 921-1008 Page 3 of 40 Project Manager Chad Phillips Assistant Stormwater Engineer 10210 E. Sprague Ave. Spokane Valley, Washington 99206 Email: cphillips@spokanevalley.org Phone: (509) 720-5013 Billing Contact Jonathan Lakey Accountant/Budget Analyst 10210 East Sprague Avenue Spokane Valley, Washington 99206 Email: jlakey@spokanevalley.org Phone: (509) 720-5046 Authorized William Helbig Signatory City Engineer 10210 East Sprague Avenue Spokane Valley, Washington 99206 Email: bhelbig@spokanevalley.org Phone: (509) 720-5000 Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2016-SpoVal-00122 Project Title: Sprague, University to Park Stormwater Improvements Recipient Name: City of Spokane Valley ECOLOGY INFORMATION Mailing Address: Department of Ecology Water Quality PO BOX 47600 Olympia, WA 98504-7600 Physical Address: Water Quality 300 Desmond Drive SE Lacey, WA 98503 Contacts Page 4 of 40 Project Manager Brandy Reynecke 4601 N Monroe Street Spokane, Washington 99205-1295 Email: brey461@ecy.wa.gov Phone: (509) 329-3421 Sarah Zehner Financial Water Quality Financial Manager Manager PO Box 47600 Olympia, Washington 98504-7600 Email: szeh461@ecy.wa.gov Phone: (360) 407-7196 Doug Howie Technical Senior Stormwater Engineer Advisor PO Box 47600 Olympia, Washington 98504-7600 Email: DOH0461@ecy.wa.gov Phone: (360) 407-6444 Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2016-SpoVal-00122 Project Title: Sprague, University to Park Stormwater Improvements Recipient Name: City of Spokane Valley AUTHORIZING SIGNATURES Page 5 of 40 RECIPIENT agrees to furnish the necessary personnel, equipment, materials, services, and otherwise do all things necessary for or incidental to the performance of work as set forth in this Agreement. RECIPIENT acknowledges that they had the opportunity to review the entire Agreement, including all the terms and conditions of this Agreement, Scope of Work, attachments, and incorporated or referenced documents, as well as all applicable laws, statutes, rules, regulations, and guidelines mentioned in this Agreement. Furthermore, the RECIPIENT has read, understood, and accepts all requirements contained within 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. No subsequent modifications or amendments to this agreement will be of any force or effect unless in writing, signed by authorized representatives of the RECIPIENT and ECOLOGY and made a part of this agreement. ECOLOGY and RECIPIENT may change their respective staff contacts without the concurrence of either party. 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 and bind their respective organizations to this Agreement. Washington State Department of Ecology City of Spokane Valley By: By: Heather R. Bartlett Water Quality Program Manager Template Approved to Form by Attorney General's Office Version 10/30/2015 Date William Helbig City Engineer Date State of Washington Department of Ecology Agreement No: WQC-2016-SpoVal-00122 Project Title: Sprague, University to Park Stormwater Improvements Recipient Name: City of Spokane Valley SCOPE OF WORK Task Number: 1 Task Cost: $0.00 Task Title: Project Administration/Management Page 6 of 40 Task Description: A. The RECIPIENT shall carry out all work necessary to meet ECOLOGY grant or loan administration requirements. Responsibilities include, but are not limited to: maintenance of project records; submittal of requests for reimbursement and corresponding backup documentation; progress reports; and a recipient closeout report (including photos). B. The RECIPIENT shall maintain documentation demonstrating 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. C. The RECIPIENT shall manage the project. Efforts include, but are not limited to: conducting, coordinating, and scheduling project activities and assuring quality control. Every effort will be made to maintain effective communication with the RECIPIENT's designees; ECOLOGY; all affected local, state, or federal jurisdictions; and any interested individuals or groups. The RECIPIENT shall carry out this project in accordance with any completion dates outlined in this agreement. Task Goal Statement: Properly managed and fully documented project that meets ECOLOGY's grant or loan administrative requirements. Task Expected Outcome: * Timely and complete submittal of requests for reimbursement, quarterly progress reports, and RECIPIENT closeout report. * Properly maintained project documentation Recipient Task Coordinator: Chad Phillips Project Administration/Management Deliverables Number Description Due Date 1.1 Progress Reports 1.2 Recipient Closeout Report 1.3 Project Outcome Summary Report Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2016-SpoVal-00122 Project Title: Sprague, University to Park Stormwater Improvements Recipient Name: City of Spokane Valley SCOPE OF WORK Task Number: 2 Task Cost: $85,500.00 Task Title: Design Plans and Specs, Environmental Review Page 7 of 40 Task Description: The RECIPIENT shall ensure the following items are completed and provide the associated deliverables to ECOLOGY The RECIPIENT must approve all materials prior to submitting them to ECOLOGY for acceptance. A. The RECIPIENT will coordinate the preparation and submittal of State Environmental Policy Act (SEPA) documentation. B. The RECIPIENT is responsible for application of, receipt of, and compliance with all required local, state, tribal and federal permits, licenses, easements, or property rights necessary for the project. C. The RECIPIENT will comply with Executive Order (05-05) cultural resources review requirements. To initiate cultural resources review the RECIPIENT will: 1. Submit an ECOLOGY 05-05/106 Form, or a cultural resources survey or assessment completed by a licensed archaeologist to ECOLOGY. All submitted materials must conform to the Washington State Standards for Cultural Resource Reporting (DAHP February 2014). 2. Develop and submit an Inadvertent Discovery Plan (IDP) to ECOLOGY. The RECIPIENT will ensure that all contractors and subcontractors have a copy of the completed IDP prior to and while working on-site. An IDP template may be found on the ECOLOGY website. Ground disturbing work (including geotechnical investigations) completed prior to receiving written notice to proceed from ECOLOGY shall not be eligible for reimbursement. D. The RECIPIENT will develop a project Design Report. Projects must be designed in accordance with the Stormwater Management Manual for Eastern Washington, Stormwater Management Manual for Western Washington, or equivalent manual. Project must be reviewed and accepted in writing by ECOLOGY to be eligible for reimbursement. The RECIPIENT will upload a digital copy of the items listed below to EAGL for review. Reduce design figures to 11x17 inches in size and ensure they are legible. 1. Design Report. For a complete list of required design report elements refer to the ECOLOGY website. The RECIPIENT agrees to respond to ECOLOGY comments. The RECIPIENT must receive an Ecology Design Report Acceptance Letter prior to proceeding to 90 Percent design. 2. 90 Percent Design Package. At a minimum, this package must include 90 percent plans, specifications, engineer's opinion of cost which includes a schedule of eligible costs, and project construction schedule. For current bid inserts and specifications refer to the ECOLOGY website. Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2016-SpoVal-00122 Project Title: Sprague, University to Park Stormwater Improvements Recipient Name: City of Spokane Valley Page 8 of 40 The RECIPIENT agrees to respond to ECOLOGY comments. The RECIPIENT must receive an Ecology 90 Percent Design Acceptance Letter prior to proceeding Final Design. 3. The RECIPIENT will upload a digital copy of the Final Bid Package to EAGL for review and acceptance prior to advertising the project. The Final Bid Package includes: project plans, specifications, engineer's opinion of cost including a schedule of eligible costs, and project construction schedule. Task Goal Statement: The RECIPIENT will complete all design, environmental review and permitting tasks and respond to ECOLOGY comments in a timely manner. Task Expected Outcome: The project will meet the requirements set forth by the State Environmental Policy Act, cultural resource protection requirements, ECOLOGY water quality facility design standards, and all other applicable federal, state and local laws and regulations. Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2016-SpoVal-00122 Project Title: Sprague, University to Park Stormwater Improvements Recipient Name: City of Spokane Valley Recipient Task Coordinator: Chad Phillips Design Plans and Specs, Environmental Review Deliverables Page 9 of 40 Number Description Due Date 2.1 Copy of SEPA determination documentation. Upload to EAGL and notify ECOLOGY when upload is complete. 2.2 Submit ECOLOGY 05-05/106 Form and any supplemental cultural resources documentation including Cultural Resource surveys directly to the Ecology Project Manager. Upload the Final Determination Letter to EAGL. 2.3 Inadvertent Discovery Plan. Upload to EAGL and notify ECOLOGY when upload is complete. 2.4 Design Report. Upload one copy of the Design Report to EAGL and notify ECOLOGY when upload is complete. 2.5 Responses to ECOLOGY Design Report Comments. Upload to EAGL and notify ECOLOGY when upload is complete. 2.6 Ecology Design Report Acceptance Letter. Upload to EAGL and notify ECOLOGY when upload is complete. 2.7 90 Percent Design Package. Upload one copy of the 90 -Percent Design Package to EAGL and notify ECOLOGY when upload is complete. 2.8 Responses to ECOLOGY 90 percent Design Plan comments. Upload to EAGL and notify ECOLOGY when upload is complete. 2.9 Ecology 90 percent Design Acceptance Letter. Upload to EAGL and notify ECOLOGY when upload is complete. 2.10 List of permits acquired, and environmental review documents. Upload to EAGL and notify ECOLOGY when upload is complete. 2.11 Final Bid Package. Upload to EAGL and notify ECOLOGY when upload is complete. 2.12 Ecology Final Bid Package Acceptance Letter. Upload to EAGL and notify ECOLOGY when upload is complete. Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2016-SpoVal-00122 Project Title: Sprague, University to Park Stormwater Improvements Recipient Name: City of Spokane Valley SCOPE OF WORK Task Number: 3 Task Cost: $171,000.00 Task Title: Construction Management Task Description: A. The RECIPIENT will provide construction oversight and management of the project. B. The RECIPIENT will submit a detailed construction quality assurance plan to ECOLOGY for review and acceptance before the start of construction. This plan must describe how the RECIPIENT will perform adequate and competent construction oversight. Once accepted by Ecology, upload to EAGL. C. The RECIPIENT will conduct a pre -construction conference meeting and invite ECOLOGY to attend. Page 10 of 40 D. The RECIPIENT will submit an updated project schedule with projected cash flow to ECOLOGY within 30 days of the start of construction. The RECIPIENT will revise and/or update the project schedule whenever major changes occur and at a minimum of every three months. The RECIPIENT will submit the updated schedule to ECOLOGY with the quarterly report. When changes in the construction schedule affect previous cash flow estimates, The RECIPIENT must submit revised cash flow projections to ECOLOGY. Prior to execution, the RECIPIENT will submit in writing any eligible change orders that are a significant deviation from ECOLOGY -accepted plans and specifications for ECOLOGY review and acceptance for payment. ECOLOGY must review and accept all change orders that impact grant eligible activities prior to implementation. ECOLOGY must review all other change orders for technical merit and should be submitted within 30 days after execution. Change orders are to be signed by the contractor, the engineer (if appropriate), and the RECIPIENT prior to submittal to ECOLOGY for acceptance. E. The RECIPIENT will operate and maintain the constructed facility for the design life of the facility. Additionally, the RECIPIENT will develop and submit an operations and maintenance (O&M) plan for all Water Quality Best Management Practices to ECOLOGY for review. The O&M plan will describe how the RECIPIENT will ensure project success consistent with the design manual used. The O&M plan must also address long-term activities to assure ongoing pollutant removal and flow -control capability of the project in accordance with the design manual. F. Upon completion of construction, the RECIPIENT will provide to ECOLOGY: 1. A Stormwater Construction Completion Form signed by a professional engineer indicating that the project was completed in accordance with the plans and specifications and major change orders approved by ECOLOGY's Project Engineer and shown on the Record Drawings. The Stormwater Construction Completion Form can be found on the ECOLOGY website. 2. GIS compatible project area in Shapefile, Geodatabase file, or ECOLOGY -Approved Equivalent. The project area should include features for treatment facilities and contributing areas. Task Goal Statement: The RECIPIENT will oversee and manage construction, communicate with ECOLOGY in a timely fashion, and provide Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2016-SpoVal-00122 Project Title: Sprague, University to Park Stormwater Improvements Recipient Name: City of Spokane Valley ECOLOGY with all requested project documentation. Task Expected Outcome: Project will be constructed on schedule and in accordance with accepted plans. Recipient Task Coordinator: Chad Phillips Construction Management Deliverables Page 11 of 40 Number Description Due Date 3.1 Construction Quality Assurance Plan. Submit to ECOLOGY for review and acceptance. Upload to EAGL and notify ECOLOGY when upload is complete. 3.2 Pre -construction conference meeting minutes. Upload to EAGL and notify ECOLOGY when upload is complete. 3.3 Project Schedule. Upload to EAGL using naming convention D3.3 SCHEDULE MO -DA -YEAR and notify ECOLOGY when upload is complete. 3.4 Revised Cash Flow Estimates when changes in construction schedule occur. Upload to EAGL using naming convention D3.4 CASHFLOW MO -DA -YEAR and notify ECOLOGY when upload is complete. 3.5 Change Order(s). Upload to EAGL and notify ECOLOGY when upload is complete. 3.6 Copy of Facility Operation and Maintenance Plan. Submit to ECOLOGY for review and acceptance. Upload to EAGL and notify ECOLOGY when upload is complete. 3.7 Stormwater Construction Completion Form. Upload to EAGL and notify ECOLOGY when upload is complete. 3.8 Project Area Shapefile, Geodatabase file, or ECOLOGY -approved Equivalent. The project area should include features for treatment facilities and contributing areas. Upload to EAGL and notify ECOLOGY when upload is complete. Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2016-SpoVal-00122 Project Title: Sprague, University to Park Stormwater Improvements Recipient Name: City of Spokane Valley SCOPE OF WORK Task Number: 4 Task Cost: $1,743,500.00 Task Title: Construction Page 12 of 40 Task Description: A. The RECIPIENT will, in accordance with ECOLOGY -accepted plans and specifications, complete construction of the project. The construction project will include installation of a combination of open bottomed planter boxes, bioinfiltration swales, and Contech storm filter cartridges to mitigate runoff from 16 acres of pollution generating impervious surface. B. Calculate and submit an equivalent new/re-development area for the completed retrofit project(s) using the methods outlined in Appendix M of the funding guidelines for State Fiscal Year 2018 Combined Water Quality Financial Assistance Program or other ECOLOGY -accepted method. Task Goal Statement: Project will be constructed in accordance with ECOLOGY -accepted plans and specifications. Task Expected Outcome: Constructed project will provide water quality benefits including reductions in TSS and oil. Recipient Task Coordinator: Chad Phillips Construction Deliverables Number Description Due Date 4.1 Copy of the contract documents (e.g. bid announcement, bid award and bid tabulations). Upload to EAGL and notify ECOLOGY when upload is complete. 4.2 Copy of signed and dated construction contract. Upload to EAGL and notify ECOLOGY when upload is complete. 4.3 Construction progress reports and photos included in quarterly reports. 4.4 Completed equivalent new/redevelopment area determination. Upload to EAGL and notify ECOLOGY when upload is complete. Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2016-SpoVal-00122 Project Title: Sprague, University to Park Stormwater Improvements Recipient Name: City of Spokane Valley BUDGET Funding Distribution EG160630 NOTE: The above funding distribution number is used to idents this specific agreement and budget on payment remittances and may be referenced on other communications from ECOLOGY. Your agreement may have multiple funding distribution numbers to idents each budget. Funding Title: SFAP Funding Type: Grant Funding Effective Date: 07/01/2018 Funding Expiration Date: 06/30/2023 Funding Source: Title: SFAP - SFY16 Type: State Funding Source %: 100% Description: Environmental Legacy Stewardship Account (ELSA) - State Approved Indirect Costs Rate: Recipient Match %: InKind Interlocal Allowed: InKind Other Allowed: Approved State Indirect Rate: 0% 25% No No No SFAP Task Total Project Administration/Management $ 0.00 Design Plans and Specs, Environmental Review $ 85,500.00 Construction Management $ 171,000.00 Construction $ 1,743,500.00 Total: $ 2,000,000.00 Version 10/30/2015 Page 13 of 40 State of Washington Department of Ecology Agreement No: WQC-2016-SpoVal-00122 Project Title: Sprague, University to Park Stormwater Improvements Recipient Name: City of Spokane Valley Funding Distribution Summary Recipient / Ecology Share Page 14 of 40 Funding Distribution Name Recipient Match % Recipient Share Ecology Share Total SFAP 25.00 % $ 500,000.00 $ 1,500,000.00 $ 2,000,000.00 Total $ 500,000.00 $ 1,500,000.00 $ 2,000,000.00 AGREEMENT SPECIFIC TERMS AND CONDITIONS N/A SPECIAL TERMS AND CONDITIONS SECTION 1: DEFINITIONS Unless otherwise provided, the following terms will have the respective meanings for all purposes of this agreement: "Administration Charge" means a charge established in accordance with Chapter 90.50A RCW and Chapter 173-98 WAC, to be used to pay Ecology's cost to administer the State Revolving Fund by placing a percentage of the interest earned in an Administrative Charge Account. "Administrative Requirements" means the effective edition of ECOLOGY's Administrative Requirements for Recipients of Ecology Grants and Loans at the signing of this agreement. "Annual Debt Service" for any calendar year means for any applicable bonds or loans including the loan, all interest plus all principal due on such bonds or loans in such year. "Average Annual Debt Service" means, at the time of calculation, the sum of the Annual Debt Service for the remaining years of the loan to the last scheduled maturity of the loan divided by the number of those years. "Centennial Clean Water Program" means the state program funded from various state sources. "Contract Documents" means the contract between the RECIPIENT and the construction contractor for construction of the project. "Cost Effective Analysis" means a comparison of the relative cost -efficiencies of two or more potential ways of solving a water quality problem as described in Chapter 173-98-730 WAC. "Defease" or "Defeasance" means the setting aside in escrow or other special fund or account of sufficient investments and money dedicated to pay all principal of and interest on all or a portion of an obligation as it comes due. "Effective Date" means the earliest date on which eligible costs may be incurred. Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2016-SpoVal-00122 Project Title: Sprague, University to Park Stormwater Improvements Recipient Name: City of Spokane Valley "Effective Interest Rate" means the total interest rate established by Ecology that includes the Administrative Charge. "Estimated Loan Amount" means the initial amount of funds loaned to the RECIPIENT. "Estimated Loan Repayment Schedule" means the schedule of loan repayments over the term of the loan based on the Estimated Loan Amount. "Equivalency" means projects designated by ECOLOGY to meet additional federal requirements. Page 15 of 40 "Final Accrued Interest" means the interest accrued beginning with the first disbursement of funds to the RECIPIENT through such time as the loan is officially closed out and a final loan repayment schedule is issued. "Final Loan Amount" means all principal of and interest on the loan from the Project Start Date through the Project Completion Date. "Final Loan Repayment Schedule" means the schedule of loan repayments over the term of the loan based on the Final Loan Amount. "Forgivable Principal" means the portion of a loan that is not required to be paid back by the borrower. "General Obligation Debt" means an obligation of the RECIPIENT secured by annual ad valorem taxes levied by the RECIPIENT and by the full faith, credit, and resources of the RECIPIENT. "General Obligation Payable from Special Assessments Debt" means an obligation of the RECIPIENT secured by a valid general obligation of the Recipient payable from special assessments to be imposed within the constitutional and statutory tax limitations provided by law without a vote of the electors of the RECIPIENT on all of the taxable property within the boundaries of the RECIPIENT. "Gross Revenue" means all of the earnings and revenues received by the RECIPIENT from the maintenance and operation of the Utility and all earnings from the investment of money on deposit in the Loan Fund, except (i) Utility Local Improvement Districts (ULID) Assessments, (ii) government grants, (iii) RECIPIENT taxes, (iv) principal proceeds of bonds and other obligations, or (v) earnings or proceeds (A) from any investments in a trust, Defeasance, or escrow fund created to Defease or refund Utility obligations or (B) in an obligation redemption fund or account other than the Loan Fund until commingled with other earnings and revenues of the Utility or (C) held in a special account for the purpose of paying a rebate to the United States Government under the Internal Revenue Code. "Guidelines" means the ECOLOGY's Funding Guidelines that that correlate to the State Fiscal Year in which the project is funded. "Initiation of Operation Date" means the actual date the Water Pollution Control Facility financed with proceeds of the loan begins to operate for its intended purpose. Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2016-SpoVal-00122 Project Title: Sprague, University to Park Stormwater Improvements Recipient Name: City of Spokane Valley "Loan" means the Washington State Water Pollution Control Revolving Fund Loan or Centennial Clean Water Fund (Centennial) Loan made pursuant to this loan agreement. "Loan Amount" means either an Estimated Loan Amount or a Final Loan Amount, as applicable. Page 16 of 40 "Loan Fund" means the special fund of that name created by ordinance or resolution of the RECIPIENT for the repayment of the principal of and interest on the loan. "Loan Security" means the mechanism by which the RECIPIENT pledges to repay the loan. "Loan Term" means the repayment period of the loan. "Maintenance and Operation Expense" means all reasonable expenses incurred by the RECIPIENT in causing the Utility to be operated and maintained in good repair, working order, and condition including payments to other parties, but will not include any depreciation or RECIPIENT levied taxes or payments to the RECIPIENT in lieu of taxes. "Net Revenue" means the Gross Revenue less the Maintenance and Operation Expense. "Original Engineer's Estimate" means the engineer's estimate of construction costs included with bid documents. "Principal and Interest Account" means, for a loan that constitutes Revenue -Secured Debt, the account of that name created in the loan fund to be first used to repay the principal of and interest on the loan. "Project" means the project described in this agreement. "Project Completion Date" means the date specified in the agreement on which the Scope of Work will be fully completed. "Project Schedule" means that schedule for the project specified in the agreement. "Reserve Account" means, for a loan that constitutes Revenue -Secured Debt, the account of that name created in the loan fund to secure the payment of the principal of and interest on the loan. "Revenue -Secured Debt" means an obligation of the RECIPIENT secured by a pledge of the revenue of a utility and one not a general obligation of the RECIPIENT. "Risk -Based Determination" means an approach to sub -recipient monitoring and oversight based on risk factors associated to a RECIPIENT or project. "Scope of Work" means the tasks and activities constituting the project. "Section 319" means the section of the Clean Water Act that provides funding to address nonpoint sources of water pollution. "Senior Lien Obligations" means all revenue bonds and other obligations of the RECIPIENT outstanding on the date of execution of this loan agreement (or subsequently issued on a parity therewith, including refunding obligations) or issued after the date of execution of this loan agreement having a claim or lien on the Gross Revenue of the Utility prior and superior to the Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2016-SpoVal-00122 Project Title: Sprague, University to Park Stormwater Improvements Recipient Name: City of Spokane Valley claim or lien of the loan, subject only to Maintenance and Operation Expense. Page 17 of 40 "State Water Pollution Control Revolving Fund (Revolving Fund)" means the water pollution control revolving fund established by Chapter 90.50A.020 RCW. "Termination Date" means the effective date of ECOLOGY'S termination of the agreement. "Termination Payment Date" means the date on which the RECIPIENT is required to repay to ECOLOGY any outstanding balance of the loan and all accrued interest. "Total Eligible Project Cost" means the sum of all costs associated with a water quality project that have been determined to be eligible for ECOLOGY grant or loan funding. "Total Project Cost" means the sum of all costs associated with a water quality project, including costs that are not eligible for ECOLOGY grant or loan funding. "ULID" means any utility local improvement district of the RECIPIENT created for the acquisition or construction of additions to and extensions and betterments of the Utility. "ULID Assessments" means all assessments levied and collected in any ULID. Such assessments are pledged to be paid into the Loan Fund (less any prepaid assessments permitted by law to be paid into a construction fund or account). ULID Assessments will include principal installments and any interest or penalties which may be due. "Utility" means the sewer system, stormwater system, or the combined water and sewer system of the RECIPIENT, the Net Revenue of which is pledged to pay and secure the loan. SECTION 2: THE FOLLOWING CONDITIONS APPLY TO ALL RECIPIENTS OF WATER QUALITY COMBINED FINANCIAL ASSISTANCE FUNDING. The Water Quality Financial Assistance Funding Guidelines are included in this agreement by reference and are available on ECOLOGY's Water Quality Program website. A. Architectural and Engineering Services: The RECIPIENT certifies by signing this agreement that the requirements of Chapter 39.80 RCW, "Contracts for Architectural and Engineering Services," have been, or shall be, met in procuring qualified architectural/engineering services. The RECIPIENT shall identify and separate eligible and ineligible costs in the final architectural/engineering services contract and submit a copy of the contract to ECOLOGY. B. Best Management Practices (BMP) Implementation: If the RECIPIENT installs BMPs that are not approved by ECOLOGY prior to installation, the RECIPIENT assumes the risk that part or all of the reimbursement for that activity may be delayed or ineligible. For more details regarding BMP Implementation, please reference the Water Quality Financial Assistance Funding Guidelines available on ECOLOGY's Water Quality Program funding website. C. Cultural Resources: The RECIPIENT shall: 1) The RECIPIENT shall comply with all applicable federal, state and local environmental laws, statutes, regulations, executive orders, and permits. Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2016-SpoVal-00122 Project Title: Sprague, University to Park Stormwater Improvements Recipient Name: City of Spokane Valley Page 18 of 40 2) The RECIPIENT shall comply with Ecology's Archaeological Resource and Historic Property review process. The RECIPIENT agrees that in no case shall construction activities, ground disturbance, or excavation of any kind, begin until provisions of this process are complied with. The RECIPIENT is responsible for developing a complete Inadvertent Discovery Plan (IDP). The IDP must be immediately available upon request by any party. The IDP must be readily available and be implemented to address any discovery. The RECIPIENT shall implement the procedures in the IDP, and immediately notify ECOLOGY, the Department of Archeology and Historic Preservation (DAHP), and tribal representatives, if human remains, cultural, or archeological resources are discovered in the course of ground disturbing activities. For more details regarding requirements under this provision, please reference the Water Quality Financial Assistance Funding Guidelines available on ECOLOGY's Water Quality Program funding website. D. Electronic Fund Transfers: The RECIPIENT must register as a statewide vendor in order to receive payment reimbursement. Washington State's Department of Enterprise Services (DES) issues all payments. DES maintains a central vendor file for Washington State agency use to process vendor payments. The RECIPIENT can complete the registration process online at: http://des.wa.gov/services/ContractingPurchasing/Business/VendorPay/Pages/default.aspx. This registration process allows the RECIPIENT to sign up for direct deposit payments, also known as electronic fund transfers (EFT). If the RECIPIENT has questions about the vendor registration process or setting up direct deposit payments contact DES Payee Help Desk at (360) 664-7779 or payeehelpdesk@des.wa.gov. E. Equipment Purchase: Equipment not included in the scope of work or the Ecology approved construction plans and specifications, must be pre -approved by ECOLOGY's project manager before purchase. F. Funding Recognition: The RECIPIENT must inform the public about ECOLOGY or any EPA (see Section 3.B for Section 319 funded or Section 5.E for SRF funded projects) funding participation in this project through the use of project signs, acknowledgement in published materials, reports, the news media, websites, or other public announcements. Projects addressing site-specific locations must utilize appropriately sized and weather -resistant signs. Sign logos are available from ECOLOGY's Financial Manager upon request. G. Growth Management Planning: The RECIPIENT certifies by signing this agreement that it is in compliance with the requirements of Chapter 36.70A RCW, "Growth Management Planning by Selected Counties and Cities." If the status of compliance changes, either through RECIPIENT or legislative action, the RECIPIENT shall notify ECOLOGY in writing of this change within 30 days. H. Interlocal: The RECIPIENT certifies by signing this agreement that all negotiated interlocal agreements necessary for the project are, or shall be, consistent with the terms of this agreement and Chapter 39.34 RCW, "Interlocal Cooperation Act." The RECIPIENT shall submit a copy of each interlocal agreement necessary for the project to ECOLOGY upon request. I. Lobbying and Litigation: Costs incurred for the purposes of lobbying or litigation are not eligible for funding under this agreement. J. Post Project Assessment Survey: The RECIPIENT agrees to participate in a brief survey regarding the key project results or water quality project outcomes and the status of long-term environmental results or goals from the project approximately three years after project completion. A representative from ECOLOGY's Water Quality Program may contact the RECIPIENT to request this data. ECOLOGY may also conduct site interviews and inspections, and may otherwise evaluate the project, as part of this assessment. Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2016-SpoVal-00122 Project Title: Sprague, University to Park Stormwater Improvements Recipient Name: City of Spokane Valley Page 19 of 40 K. Project Status Evaluation: ECOLOGY may evaluate the status of this project 18 months from the effective date of this agreement. ECOLOGY's Project Manager and Financial Manager will meet with the RECIPIENT to review spending trends, completion of outcome measures, and overall project administration and performance. If the RECIPIENT fails to make satisfactory progress toward achieving project outcomes, ECOLOGY may change the scope of work, reduce grant funds, or increase oversight measures. L. Technical Assistance: Technical assistance for agriculture activities provided under the terms of this agreement shall be consistent with the current U.S. Natural Resource Conservation Service ("NRCS") Field Office Technical Guide for Washington State. However, ECOLOGY may accept as eligible technical assistance, proposed practices, or project designs that do not meet these standards if approved in writing by the NRCS and ECOLOGY. SECTION 3: THE FOLLOWING CONDITIONS APPLY TO SECTION 319 AND ONLY CENTENNIAL CLEAN WATER FUNDED PROJECTS BEING USED TO MATCH SECTION 319 FUNDS. The RECIPIENT must submit the following documents to ECOLOGY before this agreement is signed by ECOLOGY: 1. Federal Funding Accountability and Transparency Act (FFATA) Form, available on the Water Quality Program website. 2. Clean Water Act Section 319 Initial Data Reporting Sheet or the "Section 319 Initial Data Reporting" form in EAGL. A. Data Reporting: The RECIPIENT must complete the "Section 319 Initial Data Reporting" form in EAGL before this agreement can be signed by Ecology. This form is used to gather general information about the project. B. Funding Recognition and Outreach: In addition to Section 2.F of these Terms and Conditions, the RECIPIENT shall provide signage that informs the public that the project is funded by EPA. The signage shall contain the EPA logo and follow usage requirements available at http://www2.epa.gov/stylebook/using-epa-seal-and-logo. To obtain the appropriate EPA logo or seal graphic file, the RECIPIENT may sent a request to their Ecology's Financial Manager. To increase public awareness of projects serving communities where English is not the predominant language, RECIPIENTS are encouraged to provide their outreach strategies communication in non-English languages. Translation costs for this purpose are allowable, provided the costs are reasonable. The RECIPIENT shall use the following paragraph in all reports, documents, and signage developed under this agreement: "This project has been funded wholly or in part by the United States Environmental Protection Agency under an assistance agreement to the Washington State Department of Ecology. The contents of this document do not necessarily reflect the views and policies of the Environmental Protection Agency, nor does the mention of trade names or commercial products constitute endorsement or recommendation for use." C. Load Reduction Reporting: The RECIPIENT shall complete the "Section 319 Annual Load Reduction Reporting" form in EAGL by January 15 of each year and at project close-out. ECOLOGY may hold reimbursements until the RECIPIENT has completed the form. This form is used to gather information on pollutant load reductions for each best management practice (BMP) installed as a part of this project. D. Time Extension: The RECIPIENT may request a one-time extension for up to 12 months. However, the time extension Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2016-SpoVal-00122 Project Title: Sprague, University to Park Stormwater Improvements Recipient Name: City of Spokane Valley Page 20 of 40 cannot exceed the time limitation established in EPA's assistance agreement. In the event a time extension is requested and approved by ECOLOGY, the RECIPIENT must complete all eligible work performed under this agreement by the expiration date. SECTION 4: THE FOLLOWING CONDITIONS APPLY TO SECTION 319 AND STATE REVOLVING FUND (SRF) LOAN FUNDED PROJECTS ONLY. A. Accounting Standards: The RECIPIENT shall maintain accurate records and accounts for the project (PROJECT Records) in accordance with Generally Accepted Accounting Principles (GAAP) as issued by the Governmental Accounting Standards Board (GASB), including standards related to the reporting of infrastructure assets or in accordance with the standards in Chapter 43.09.200 RCW "Local Government Accounting — Uniform System ofAccounting". B. Audit Requirements: In accordance with 2 CFR 200.501(a), the RECIPIENT agrees to obtain a single audit from an independent auditor, if their organization expends $750,000 or more in total Federal funds in their fiscal year. The RECIPIENT must submit the form SF -SAC and a Single Audit Report Package within 9 months of the end of the fiscal year or 30 days after receiving the report from an independent auditor. The SF -SAC and a Single Audit Report Package MUST be submitted using the Federal Audit Clearinghouse's Internet Data Entry System available at: https://harvester.census.gov/fac/collect/ddeindex.html. For complete information on how to accomplish the single audit submissions, go to the Federal Audit Clearinghouse Web site: http://harvester.census.gov/fac/. C. Archaeological Resources and Historic Properties (Section 106): See Section 2.0 of the terms and conditions of this agreement, the RECIPIENT shall comply with the additional requirements under section 106 of the National Historic Preservation Act (NHPA, 36 CFR 800). D. Consultant Cap: The RECIPIENT shall ensure that loan or grant funds provided under this agreement to reimburse for costs incurred by individual consultants (excluding overhead) is limited to the maximum daily rate for Level IV of the Executive Schedule (formerly GS -18), to be adjusted annually. The Executive Schedule can be found at: https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/. This limit applies to consultation services of designated individuals with specialized skills who are paid at a daily or hourly rate. This rate does not include transportation and subsistence costs for travel performed. Contracts for services awarded using the procurement requirements in Subpart D of 2 CFR 200 are not affected by this limitation unless the terms of the contract provide the RECIPIENT with responsibility for the selection, direction, and control of the individuals who shall be providing services under the contract at an hourly or daily rate of compensation. See 2 CFR 1500.9 for additional information. E. Data Universal Numbering System (DUNS) and Central Contractor Registration (CCR) Requirements: RECIPIENTs shall have a DUNS number. Unless exempted from this requirement under 2 CFR 25.110, the RECIPIENT must ensure that the organization's information in the System for Award Management (SAM), https://www.sam.gov, is kept current through project closeout. This requires that the RECIPIENT reviews and updates the information at least annually after the initial registration, and more frequently if information changes. F. Disadvantaged Business Enterprise (DBE): General Compliance, 40 CFR, Part 33. The RECIPIENT agrees to comply with the requirements of the Environmental Protection Agency's Program for Utilization of Small, Minority, and Women's Business Enterprises (MBE/WBE) 40CFR, Part 33 in procurement under this agreement. Six Good Faith Efforts, 40 CFR, Part 33, Subpart C. The RECIPIENT agrees to make the following good faith efforts Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2016-SpoVal-00122 Project Title: Sprague, University to Park Stormwater Improvements Recipient Name: City of Spokane Valley Page 21 of 40 whenever procuring construction, equipment, services and supplies under this agreement. Records documenting compliance with the following six good faith efforts shall be retained: 1) Ensure Disadvantaged Business Enterprises are made aware of contracting opportunities to the fullest extent practicable through outreach and recruitment activities. For Indian Tribal, State and Local and Government RECIPIENTs, this shall include placing Disadvantaged Business Enterprises on solicitation lists and soliciting them whenever they are potential sources. 2) Make information on forthcoming opportunities available to Disadvantaged Business Enterprises and arrange time frames for contracts and establish delivery schedules, where the requirements permit, in a way that encourages and facilitates participation by Disadvantaged Business Enterprises in the competitive process. This includes, whenever possible, posting solicitations for bids or proposals for a minimum of thirty (30) calendar days before the bid or proposal closing date. 3) Consider in the contracting process whether firms competing for large contracts could subcontract with Disadvantaged Business Enterprises. For Indian Tribal, and State and Local Government RECIPIENTs, this shall include dividing total requirements when economically feasible into smaller tasks or quantities to permit maximum participation by Disadvantaged Business Enterprises in the competitive process. 4) Encourage contracting with a consortium of Disadvantaged Business Enterprises when a contract is too large for one of these firms to handle individually. 5) Use services and assistance of the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. 6) If the prime contractor awards subcontracts, require the prime contractor to take the five good faith efforts steps in paragraphs 1 through 5 above. The RECIPIENT agrees to submit ECOLOGY's Contractor Participation Report Form D with each payment request. Contract Administration Provisions, 40 CFR, Section 33.302. The RECIPIENT agrees to comply with the contract administration provisions of 40 CFR, Section 33.302. Non-discrimination Provision. The RECIPIENT shall not discriminate on the basis of race, color, national origin or sex in the performance of this agreement. The RECIPIENT shall carry out applicable requirements of 40 CFR Part 33 in the award and administration of contracts awarded under EPA financial assistance agreements. Failure by the RECIPIENT to carry out these requirements is a material breach of this agreement which may result in the termination of this contract or other legally available remedies. This does not preclude the RECIPIENT from enacting broader nondiscrimination protections. The RECIPIENT shall comply with all federal and state nondiscrimination laws, including, but not limited to Title VI and VII of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title IX of the Education Amendments of 1972, the Age Discrimination Act of 1975, and Chapter 49.60 RCW, Washington's Law Against Discrimination, and 42 U.S.C. 12101 et seq, the Americans with Disabilities Act (ADA). In the event of the RECIPIENT's noncompliance or refusal to comply with any applicable nondiscrimination law, regulation, or Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2016-SpoVal-00122 Project Title: Sprague, University to Park Stormwater Improvements Recipient Name: City of Spokane Valley Page 22 of 40 policy, this agreement may be rescinded, canceled, or terminated in whole or in part, and the RECIPIENT may be declared ineligible for further funding from ECOLOGY. The RECIPIENT shall, however, be given a reasonable time in which to cure this noncompliance. The RECIPIENT shall include the following terms and conditions in contracts with all contractors, subcontractors, engineers, vendors, and any other entity for work or services pertaining to this agreement. "The Contractor will not discriminate on the basis of race, color, national origin or sex in the performance of this Contract. The Contractor will carry out applicable requirements of 40 CFR Part 33 in the award and administration of contracts awarded under Environmental Protection Agency financial agreements. Failure by the Contractor to carry out these requirements is a material breach of this Contract which may result in termination of this Contract or other legally available remedies." Bidder List, 40 CFR, Section 33.501(b) and (c). The RECIPIENT agrees to create and maintain a bidders list. The bidders list shall include the following information for all firms that bid or quote on prime contracts, or bid or quote subcontracts, including both MBE/WBEs and non-MBE/WBEs. 1. Entity's name with point of contact 2. Entity's mailing address, telephone number, and e-mail address 3. The procurement on which the entity bid or quoted, and when 4. Entity's status as an MBE/WBE or non-MBE/WBE G. Electronic and information Technology (EIT) Accessibility: RECIPIENTs shall ensure that loan funds provided under this agreement for costs in the development or purchase of EIT systems or products provide individuals with disabilities reasonable accommodations and an equal and effective opportunity to benefit from or participate in a program, including those offered through electronic and information technology as per Section 504 of the Rehabilitation Act, codified in 40 CFR Part 7. Systems or products funded under this agreement must be designed to meet the diverse needs of users without barriers or diminished function or quality. Systems shall include usability features or functions that accommodate the needs of persons with disabilities, including those who use assistive technology. H. Hotel -Motel Fire Safety Act: The RECIPIENT shall ensure that all space for conferences, meetings, conventions or training seminars funded in whole or in part with federal funds complies with the protection and control guidelines of the Hotel and Motel Fire Safety Act (15 USC 2225a, PL 101-391, as amended). Recipients may search the Hotel -Motel National Master List at http://www.usfa.dhs.gov/applications/hotel/ to see if a property is in compliance, or to find other information about the Act. Pursuant to 15 USC 2225a. I. Trafficking In Persons: The RECIPIENT and RECIPIENT employees that are private entities shall not engage in forms of trafficking in persons during the period of time this agreement is effective. This includes, but is not limited to the procurement of a commercial sex act or forced labor. The RECIPIENT shall notify ECOLOGY immediately of any information received from any source alleging a violation under this provision. SECTION 5: THE FOLLOWING CONDITIONS APPLY TO STATE REVOLVING FUND (SRF) LOAN FUNDED PROJECTS ONLY. The RECIPIENT must submit the following documents/forms to ECOLOGY before this agreement is signed by ECOLOGY: Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2016-SpoVal-00122 Project Title: Sprague, University to Park Stormwater Improvements Recipient Name: City of Spokane Valley Page 23 of 40 1. Opinion of RECIPIENT'S Legal Council 2. Authorizing Ordinance or Resolution 3. Federal Funding Accountability and Transparency Act (FFATA) Form 4. CWSRF Federal Reporting Information form available in EAGL 5. Fiscal Sustainability Plan Certification (only required if the project includes construction of a wastewater or stormwater facility construction) A. Alteration and Eligibility of Project: During the term of this agreement, the RECIPIENT (1) shall not materially alter the design or structural character of the project without the prior written approval of ECOLOGY and (2) shall take no action which would adversely affect the eligibility of the project as defined by applicable funding program rules and state statutes, or which would cause a violation of any covenant, condition, or provision herein. B. American Iron and Steel (Buy American): This loan provision applies to projects for the construction, alteration, maintenance, or repair of a "treatment works" as defined in the Federal Water Pollution Control Act (33 USC 1381 et seq.) The RECIPIENT shall ensure that all iron and steel products used in the project are produced in the United States. Iron and Steel products means the following products made primarily of iron or steel: lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast concrete, and construction materials. The RECIPIENT may request waiver from this requirement from the Administrator of the Environmental Protection Agency. The RECIPIENT must coordinate all waiver requests through ECOLOGY. This provision does not apply if the engineering plans and specifications for the project were approved by ECOLOGY prior to January 17, 2014. ECOLOGY reserves the right to request documentation of RECIPIENT'S compliance with this provision. C. Authority of RECIPIENT: This agreement is authorized by the Constitution and laws of the state of Washington, including the RECIPIENT's authority, and by the RECIPIENT pursuant to the authorizing ordinance or resolution. The RECIPIENT shall submit a copy of the authorizing ordinance or resolution to the ECOLOGY Financial Manager before this agreement shall be signed by ECOLOGY. D. Fiscal Sustainability Plan Certification: The RECIPIENT shall submit a completed Fiscal Sustainability Plan Certification before this agreement is signed by ECOLOGY. The Fiscal Sustainability Plan Certification is available from the ECOLOGY Financial Manager or on the Water Quality Program website. E. Funding Recognition and Outreach: In addition to Section 2.F of these Terms and Conditions, the RECIPIENT agrees to comply with the EPA SRF Signage Guidance in order to enhance public awareness of EPA assistance agreements nationwide. The signage guidance can be found at: http://www.ecy.wa.gov/programs/wq/funding/FundPrgm s/C W SRF/SignageGuidanceJune2015.pdf. F. Free Service: The RECIPIENT shall not furnish utility service to any customer free of charge if providing that free service affects the RECIPIENT's ability to meet the obligations of this agreement. G. Insurance: The RECIPIENT shall at all times carry fire and extended coverage, public liability, and property damage, and such other forms of insurance with responsible insurers and with policies payable to the RECIPIENT on such of the buildings, equipment, works, plants, facilities, and properties of the Utility as are ordinarily carried by municipal or privately -owned utilities engaged in the operation of like systems, and against such claims for damages as are ordinarily carried by municipal or privately -owned utilities engaged in the operation of like systems, or it shall self -insure or participate in an insurance pool or pools with reserves adequate, in the reasonable judgment of the RECIPIENT, to protect it against loss. Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2016-SpoVal-00122 Project Title: Sprague, University to Park Stormwater Improvements Recipient Name: City of Spokane Valley Page 24 of 40 H. Loan Interest Rate and Terms: This loan agreement shall remain in effect until the date of final repayment of the loan, unless terminated earlier according to the provisions herein. When the Project Completion Date has occurred, ECOLOGY and the RECIPIENT shall execute an amendment to this loan agreement which details the final loan amount (Final Loan Amount), and ECOLOGY shall prepare a final loan repayment schedule. The Final Loan Amount shall be the combined total of actual disbursements made on the loan and all accrued interest to the computation date. The Estimated Loan Amount and the Final Loan Amount (in either case, as applicable, a "Loan Amount") shall bear interest based on the interest rate identified in this agreement as the "Effective Interest Rate," per annum, calculated on the basis of a 365 day year. Interest on the Estimated Loan Amount shall accrue from and be compounded monthly based on the date that each payment is mailed to the RECIPIENT. The Final Loan Amount shall be repaid in equal installments semiannually over the term of this loan "Loan Term" as outlined in this agreement. I. Loan Repayment: Sources of Loan Repayment 1. Nature of RECIPIENT's Obligation. The obligation of the RECIPIENT to repay the loan from the sources identified below and to perform and observe all of the other agreements and obligations on its part contained herein shall be absolute and unconditional, and shall not be subject to diminution by setoff, counterclaim, or abatement of any kind. To secure the repayment of the loan from ECOLOGY, the RECIPIENT agrees to comply with all of the covenants, agreements, and attachments contained herein. 2. For General Obligation. This loan is a General Obligation Debt of the RECIPIENT. 3. For General Obligation Payable from Special Assessments. This loan is a General Obligation Debt of the RECIPIENT payable from special assessments to be imposed within the constitutional and statutory tax limitations provided by law without a vote of the electors of the RECIPIENT on all of the taxable property within the boundaries of the RECIPIENT. 4. For Revenue -Secured: Lien Position. This loan is a Revenue -Secured Debt of the RECIPIENT's Utility. This loan shall constitute a lien and charge upon the Net Revenue junior and subordinate to the lien and charge upon such Net Revenue of any Senior Lien Obligations. In addition, if this loan is also secured by Utility Local Improvement Districts (ULID) Assessments, this loan shall constitute a lien upon ULID Assessments in the ULID prior and superior to any other charges whatsoever. 5. Other Sources of Repayment. The RECIPIENT may repay any portion of the loan from any funds legally available to it. 6. Defeasance of the Loan. So long as ECOLOGY shall hold this loan, the RECIPIENT shall not be entitled to, and shall not affect, an economic Defeasance of the loan. The RECIPIENT shall not advance refund the loan. If the RECIPIENT defeases or advance refunds the loan, it shall be required to use the proceeds thereof immediately upon their receipt, together with other available RECIPIENT funds, to repay both of the following: (i) The Loan Amount with interest Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2016-SpoVal-00122 Project Title: Sprague, University to Park Stormwater Improvements Recipient Name: City of Spokane Valley Page 25 of 40 (ii) Any other obligations of the RECIPIENT to ECOLOGY under this agreement, unless in its sole discretion ECOLOGY finds that repayment from those additional sources would not be in the public interest. Failure to repay the Loan Amount plus interest within the time specified in ECOLOGY's notice to make such repayment shall incur Late Charges and shall be treated as a Loan Default. 7. Refinancing or Early Repayment of the Project. So long as ECOLOGY shall hold this loan, the RECIPIENT shall give ECOLOGY thirty days written notice if the RECIPIENT intends to refinance or make early repayment of the loan. Method and Conditions on Repayments 1. Semiannual Payments. Notwithstanding any other provision of this agreement, the first semiannual payment of principal and interest on this loan shall be due and payable no later than one year after the project completion date or initiation of operation date, whichever comes first. Thereafter, equal payments shall be due every six months. If the due date for any semiannual payment falls on a Saturday, Sunday, or designated holiday for Washington State agencies, the payment shall be due on the next business day for Washington State agencies. Payments shall be mailed to: Department of Ecology Cashiering Unit P.O. Box 47611 Olympia WA 98504-7611 In lieu of mailing payments, electronic fund transfers can be arranged by working with ECOLOGY's Financial Manager. No change to the amount of the semiannual principal and interest payments shall be made without a formal amendment to this agreement. The RECIPIENT shall continue to make semiannual payments based on this agreement until the amendment is effective, at which time the RECIPIENT's payments shall be made pursuant to the amended agreement. 2. Late Charges. If any amount of the Final Loan Amount or any other amount owed to ECOLOGY pursuant to this agreement remains unpaid after it becomes due and payable, ECOLOGY may assess a late charge. The late charge shall be one percent per month on the past due amount starting on the date the debt becomes past due and until it is paid in full. 3. Repayment Limitations. Repayment of the loan is subject to the following additional limitations, among others: those on defeasance, refinancing and advance refunding, termination, and default and recovery of payments. 4. Prepayment of Loan. So long as ECOLOGY shall hold this loan, the RECIPIENT may prepay the entire unpaid principal balance of and accrued interest on the loan or any portion of the remaining unpaid principal balance of the Loan Amount. Any prepayments on the loan shall be applied first to any accrued interest due and then to the outstanding principal balance of the Loan Amount. If the RECIPIENT elects to prepay the entire remaining unpaid balance and accrued interest, the RECIPIENT shall first contact ECOLOGY's Revenue/Receivable Manager of the Fiscal Office. Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2016-SpoVal-00122 Project Title: Sprague, University to Park Stormwater Improvements Recipient Name: City of Spokane Valley Page 26 of 40 J. Loan Security Due Regard: For loans secured with a Revenue Obligation: The RECIPIENT shall exercise due regard for Maintenance and Operation Expense and the debt service requirements of the Senior Lien Obligations and any other outstanding obligations pledging the Gross Revenue of the Utility, and it has not obligated itself to set aside and pay into the loan Fund a greater amount of the Gross Revenue of the Utility than, in its judgment, shall be available over and above such Maintenance and Operation Expense and those debt service requirements. Where collecting adequate gross utility revenue requires connecting additional users, the RECIPIENT shall require the sewer system connections necessary to meet debt obligations and expected operation and maintenance expenses. Levy and Collection of Taxes (if used to secure the repayment of the loan): For so long as the loan is outstanding, the RECIPIENT irrevocably pledges to include in its budget and levy taxes annually within the constitutional and statutory tax limitations provided by law without a vote of its electors on all of the taxable property within the boundaries of the RECIPIENT in an amount sufficient, together with other money legally available and to be used therefore, to pay when due the principal of and interest on the loan, and the full faith, credit and resources of the RECIPIENT are pledged irrevocably for the annual levy and collection of those taxes and the prompt payment of that principal and interest. Not an Excess Indebtedness: For loans secured with a general obligation pledge or a general obligation pledge on special assessments: The RECIPIENT agrees that this agreement and the loan to be made do not create an indebtedness of the RECIPIENT in excess of any constitutional or statutory limitations. Pledge of Net Revenue and ULID Assessments in the ULID (if used to secure the repayment of this loan): For so long as the loan is outstanding, the RECIPIENT irrevocably pledges the Net Revenue of the Utility, including applicable ULID Assessments in the ULID, to pay when due the principal of and interest on the loan. Reserve Requirement: For loans that are Revenue -Secured Debt with terms greater than five years, the RECIPIENT must accumulate a reserve for the loan equivalent to at least the Average Annual Debt Service on the loan during the first five years of the repayment period of the loan. This amount shall be deposited in a Reserve Account in the Loan Fund in approximately equal annual payments commencing within one year after the initiation of operation or the project completion date, whichever comes first. "Reserve Account" means, for a loan that constitutes Revenue -Secured Debt, an account of that name created in the Loan Fund to secure the payment of the principal and interest on the loan. The amount on deposit in the Reserve Account may be applied by the RECIPIENT (1) to make, in part or in full, the final repayment to ECOLOGY of the loan amount or, (2) if not so applied, for any other lawful purpose of the RECIPIENT once the Loan Amount, plus interest and any other amounts owing to ECOLOGY, have been paid in full. Utility Local Improvement District (ULID) Assessment Collection (if used to secure the repayment of the loan): All ULID Assessments in the ULID shall be paid into the loan Fund and used to pay the principal of and interest on the loan. The ULID Assessments in the ULID may be deposited into the Reserve Account to satisfy a Reserve Requirement if a Reserve Requirement is applicable. K. Maintenance and Operation of a Funded Utility: The RECIPIENT shall at all times maintain and keep a funded Utility in good repair, working order and condition and also shall at all times operate the Utility and the business in an efficient manner and at a reasonable cost. Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2016-SpoVal-00122 Project Title: Sprague, University to Park Stormwater Improvements Recipient Name: City of Spokane Valley L. Opinion of RECIPIENT'S Legal Counsel: The RECIPIENT must submit an "Opinion of Legal Counsel to the RECIPIENT" to ECOLOGY before this agreement shall be signed. ECOLOGY will provide the form. Page 27 of 40 M. Prevailing Wage (Davis -Bacon Act): The RECIPIENT agrees, by signing this agreement, to comply with the Davis -Bacon Act prevailing wage requirements. This applies to the construction, alteration, and repair of treatment works carried out in whole or in part with assistance made available by the State Revolving Fund as authorized by Section 513, title VI of the Federal Water Pollution Control Act (33 U.S.C. 1372). Laborers and mechanics employed by contractors and subcontractors shall be paid wages not less often than once a week and at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor. The RECIPIENT shall obtain the wage determination for the area in which the project is located prior to issuing requests for bids, proposals, quotes or other methods for soliciting contracts (solicitation). These wage determinations shall be incorporated into solicitations and any subsequent contracts. The RECIPIENT shall ensure that the required EPA contract language regarding Davis -Bacon Wages is in all contracts and sub contracts in excess of $2,000. The RECIPIENT shall maintain records sufficient to document compliance with the Davis -Bacon Act, and make such records available for review upon request. The RECIPIENT also agrees, by signing this agreement, to comply with State Prevailing Wages on Public Works, Chapter 39.12 RCW, as applicable. Compliance may include the determination whether the project involves "public work" and inclusion of the applicable prevailing wage rates in the bid specifications and contracts. The RECIPIENT agrees to maintain records sufficient to evidence compliance with Chapter 39.12 RCW, and make such records available for review upon request. N. Litigation; Authority: No litigation is now pending, or to the RECIPIENT's knowledge, threatened, seeking to restrain, or enjoin: (i) the execution of this agreement; or (ii) the fixing or collection of the revenues, rates, and charges or the formation of the ULID and the levy and collection of ULID Assessments therein pledged to pay the principal of and interest on the loan (for revenue secured lien obligations); or (iii) the levy and collection of the taxes pledged to pay the principal of and interest on the loan (for general obligation -secured loans and general obligation payable from special -assessment -secured loans); or (iv) in any manner questioning the proceedings and authority under which the agreement, the loan, or the project are authorized. Neither the corporate existence or boundaries of the RECIPIENT nor the title of its present officers to their respective offices is being contested. No authority or proceeding for the execution of this agreement has been repealed, revoked, or rescinded. O. Representations and Warranties: The RECIPIENT represents and warrants to ECOLOGY as follows: Application: Material Information. All information and materials submitted by the RECIPIENT to ECOLOGY in connection with its loan application were, when made, and are, as of the date the RECIPIENT signs this agreement, true and correct. There is no material adverse information relating to the RECIPIENT, the project, the loan, or this agreement known to the Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2016-SpoVal-00122 Project Title: Sprague, University to Park Stormwater Improvements Recipient Name: City of Spokane Valley RECIPIENT which has not been disclosed in writing to ECOLOGY. Page 28 of 40 Existence; Authority. It is a duly formed and legally existing municipal corporation or political subdivision of the state of Washington or a federally recognized Indian Tribe. It has full corporate power and authority to execute, deliver, and perform all of its obligations under this agreement and to undertake the project identified herein. Certification. Each payment request shall constitute a certification by the RECIPIENT to the effect that all representations and warranties made in this loan agreement remain true as of the date of the request and that no adverse developments, affecting the financial condition of the RECIPIENT or its ability to complete the project or to repay the principal of or interest on the loan, have occurred since the date of this loan agreement. Any changes in the RECIPIENT's financial condition shall be disclosed in writing to ECOLOGY by the RECIPIENT in its request for payment. P. Sale or Disposition of Utility: The RECIPIENT shall not sell, transfer, or otherwise dispose of any of the works, plant, properties, facilities, or other part of the Utility or any real or personal property comprising a part of the Utility unless: 1. The facilities or property transferred are not material to the operation of the Utility, or have become unserviceable, inadequate, obsolete, or unfit to be used in the operation of the Utility or are no longer necessary, material, or useful to the operation of the Utility; or 2. The aggregate depreciated cost value of the facilities or property being transferred in any fiscal year comprises no more than three percent of the total assets of the Utility; or 3. The RECIPIENT receives from the transferee an amount equal to an amount which will be in the same proportion to the net amount of Senior Lien Obligations and this LOAN then outstanding (defined as the total amount outstanding less the amount of cash and investments in the bond and loan funds securing such debt) as the Gross Revenue of the Utility from the portion of the Utility sold or disposed of for the preceding year bears to the total Gross Revenue for that period. 4. Expressed written agreement by the DEPARTMENT. The proceeds of any transfer under this paragraph must be used (1) to redeem promptly, or irrevocably set aside for the redemption of, Senior Lien Obligations and to redeem promptly the loan, and (2) to provide for part of the cost of additions to and betterments and extensions of the Utility. Q. Sewer -Use Ordinance or Resolution: If not already in existence, the RECIPIENT shall adopt and shall enforce a sewer -use ordinance or resolution. Such ordinance or resolution shall be submitted to ECOLOGY upon request. The sewer use ordinance must include provisions to: 1) Prohibit the introduction of toxic or hazardous wastes into the RECIPIENT's sewer system. 2) Prohibit inflow of stormwater. 3) Require that new sewers and connections be properly designed and constructed. R. Termination and Default: Termination and Default Events Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2016-SpoVal-00122 Project Title: Sprague, University to Park Stormwater Improvements Recipient Name: City of Spokane Valley 1. For Insufficient ECOLOGY or RECIPIENT Funds. ECOLOGY may terminate this loan agreement for insufficient ECOLOGY or RECIPIENT funds. 2. For Failure to Commence Work. ECOLOGY may terminate this loan agreement for failure of the RECIPIENT to commence project work. 3. Past Due Payments. The RECIPIENT shall be in default of its obligations under this loan agreement when any loan repayment becomes 60 days past due. Page 29 of 40 4. Other Cause. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance in full by the RECIPIENT of all of its obligations under this loan agreement. The RECIPIENT shall be in default of its obligations under this loan agreement if, in the opinion of ECOLOGY, the RECIPIENT has unjustifiably failed to perform any obligation required of it by this loan agreement. Procedures for Termination. If this loan agreement is terminated prior to project completion, ECOLOGY shall provide to the RECIPIENT a written notice of termination at least five working days prior to the effective date of termination (the "Termination Date"). The written notice of termination by the ECOLOGY shall specify the Termination Date and, when applicable, the date by which the RECIPIENT must repay any outstanding balance of the loan and all accrued interest (the "Termination Payment Date"). Termination and Default Remedies No Further Payments. On and after the Termination Date, or in the event of a default event, ECOLOGY may, at its sole discretion, withdraw the loan and make no further payments under this agreement. Repayment Demand. In response to an ECOLOGY initiated termination event, or in response to a loan default event, ECOLOGY may at its sole discretion demand that the RECIPIENT repay the outstanding balance of the Loan Amount and all accrued interest. Interest after Repayment Demand. From the time that ECOLOGY demands repayment of funds, amounts owed by the RECIPIENT to ECOLOGY shall accrue additional interest at the rate of one percent per month, or fraction thereof. Accelerate Repayments. In the event of a default, ECOLOGY may, in its sole discretion, declare the principal of and interest on the loan immediately due and payable, subject to the prior lien and charge of any outstanding Senior Lien Obligation upon the Net Revenue. That is, the loan is not subject to acceleration so long as any Senior Lien Obligations are outstanding. Repayments not made immediately upon such acceleration will incur Late Charges. Late Charges. All amounts due to ECOLOGY and not paid by the RECIPIENT by the Termination Payment Date or after acceleration following a default event, as applicable, shall incur late charges. Intercept State Funds. In the event of a default event and in accordance with Chapter 90.50A.060 RCW, "Defaults," any state funds otherwise due to the RECIPIENT may, at ECOLOGY's sole discretion, be withheld and applied to the repayment of the loan. Property to ECOLOGY. In the event of a default event and at the option of ECOLOGY, any personal property (equipment) Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2016-SpoVal-00122 Project Title: Sprague, University to Park Stormwater Improvements Recipient Name: City of Spokane Valley Page 30 of 40 acquired under this agreement may, in ECOLOGY's sole discretion, become ECOLOGY's property. In that circumstance, ECOLOGY shall reduce the RECIPIENT's liability to repay money by an amount reflecting the fair value of such property. Documents and Materials. If this agreement is terminated, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, and reports or other materials prepared by the RECIPIENT shall, at the option of ECOLOGY, become ECOLOGY property. The RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Collection and Enforcement Actions. In the event of a default event, the state of Washington reserves the right to take any actions it deems necessary to collect the amounts due, or to become due, or to enforce the performance and observance of any obligation by the RECIPIENT, under this agreement. Fees and Expenses. In any action to enforce the provisions of this agreement, reasonable fees and expenses of attorneys and other reasonable expenses (including, without limitation, the reasonably allocated costs of legal staff) shall be awarded to the prevailing party as that term is defined in Chapter 4.84.330 RCW. Damages. Notwithstanding ECOLOGY's exercise of any or all of the termination or default remedies provided in this agreement, the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY and/or 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. S. User -Charge System: The RECIPIENT certifies that it has the legal authority to establish and implement a user -charge system and shall adopt a system of user -charges to assure that each user of the utility shall pay its proportionate share of the cost of operation and maintenance, including replacement during the design life of the project. In addition, the RECIPIENT shall regularly evaluate the user -charge system, at least annually, to ensure the system provides adequate revenues necessary to operate and maintain the utility, to establish a reserve to pay for replacement, to establish the required Loan Reserve Account, and to repay the loan. WATER QUALITY COMBINED FINANCIAL ASSISTANCE TERMS AND CONDITIONS LAST UPDATED ON 10/04/2016 GENERAL FEDERAL CONDITIONS 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. A. CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY EXCLUSION: 1. The RECIPIENT/CONTRACTOR, by signing this agreement, certifies that it is not suspended, debarred, proposed for debarment, declared ineligible or otherwise excluded from contracting with the federal government, or from receiving contracts paid for with federal funds. If the RECIPIENT/CONTRACTOR is unable to certify to the statements contained in the certification, they must provide an explanation as to why they cannot. 2. The RECIPIENT/CONTRACTOR shall provide immediate written notice to ECOLOGY if at any time the Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2016-SpoVal-00122 Project Title: Sprague, University to Park Stormwater Improvements Recipient Name: City of Spokane Valley Page 31 of 40 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 ECOLOGY for assistance in obtaining a copy of those regulations. 4. The RECIPIENT/CONTRACTOR agrees it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under the applicable Code of Federal Regulations, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction. 5. The RECIPIENT/CONTRACTOR further agrees by signing this agreement, that it will include this clause titled "CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY EXCLUSION" without modification in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 6. Pursuant to 2CFR180.330, the RECIPIENT/CONTRACTOR is responsible for ensuring that any lower tier covered transaction complies with certification of suspension and debarment requirements. 7. RECIPIENT/CONTRACTOR acknowledges that failing to disclose the information required in the Code of Federal Regulations may result in the delay or negation of this funding agreement, or pursuance of legal remedies, including suspension and debarment. 8. RECIPIENT/CONTRACTOR agrees to keep proof in its agreement file, that it, and all lower tier recipients or contractors, are not suspended or debarred, and will make this proof available to 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. B. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) REPORTING REQUIREMENTS: CONTRACTOR/RECIPIENT must complete the FFATA Data Collection Form (ECY 070-395) and return it with the signed agreement to ECOLOGY. Any CONTRACTOR/RECIPIENT that meets each of the criteria below must report compensation for its five tc executives using the FFATA Data Collection Form. • Receives more than $25,000 in federal funds under this award. • Receives more than 80 percent of its annual gross revenues from federal funds. • Receives more than $25,000,000 in annual federal funds. Ecology will not pay any invoices 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, at www.fsrs.gov <http://www.fsrs.gov/> within 30 days of agreement signature. The FFATA information will be available to the public at www.usaspending.gov <http://www.usaspending.gov/>. For more details on FFATA requirements, see www.fsrs.gov <http://www.fsrs.gov/>. Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2016-SpoVal-00122 Project Title: Sprague, University to Park Stormwater Improvements Recipient Name: City of Spokane Valley GENERAL TERMS AND CONDITIONS Pertaining to Grant and Loan Agreements With the state of Washington, Department of Ecology GENERAL TERMS AND CONDITIONS AS OF LAST UPDATED 1/22/2018 VERSION Page 32 of 40 1. 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/ 1701004.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 the 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 and historic resources. The RECIPIENT must agree to hold harmless the State of Washington in relation to any claim related to historical or cultural artifacts discovered, disturbed, or damaged due to the RECIPIENT's project funded under this Agreement. RECIPIENT shall: a) Contact the ECOLOGY Program issuing the grant or loan to discuss any Cultural Resources requirements for their project : • For capital construction projects or land acquisitions for capital construction projects, if required, comply with Governor Executive Order 05-05, Archaeology and Cultural Resources. • For projects with any federal involvement, if required, comply with the National Historic Preservation Act. • Any cultural resources federal or state requirements must be completed prior to the start of any work on the project site. b) If required by the ECOLOGY Program, submit an Inadvertent Discovery Plan (IDP) to ECOLOGY prior to implementing any project that involves ground disturbing activities. ECOLOGY will provide the IDP form. RECIPIENT shall: • Keep the IDP at the project site. • Make the IDP readily available to anyone working at the project site. • Discuss the IDP with staff and contractors working at the project site. • Implement the IDP when cultural resources or human remains are found at the project site. c) If any archeological or historic resources are found while conducting work under this Agreement: • Immediately stop work and notify the ECOLOGY Program, the Department of Archaeology and Historic Preservation at (360) 586-3064, any affected Tribe, and the local government. d) If any human remains are found while conducting work under this Agreement: Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2016-SpoVal-00122 Project Title: Sprague, University to Park Stormwater Improvements Recipient Name: City of Spokane Valley Page 33 of 40 • Immediately stop work and notify the local Law Enforcement Agency or Medical Examiner/Coroner's Office, and then the ECOLOGY Program. e) Comply with RCW 27.53, RCW 27.44.055, and RCW 68.50.645, and all other applicable local, state, and federal laws protecting cultural resources and human remains. 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. 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 require approval by ECOLOGY prior to expenditure. 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. f) ECOLOGY will pay the RECIPIENT thirty (30) days after receipt of a properly completed request for payment. g) RECIPIENT will receive payment through Washington State 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@watech.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) RECIPIENT must submit within thirty (30) days after the expiration date of this Agreement, all financial, performance, and other reports required by 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) RECIPIENT agrees to comply with all applicable laws, regulations, and policies of the United States and the State of Washington which affect wages and job safety. b) RECIPIENT agrees to be bound by all applicable 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 timeline for the permit and approval processes. Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2016-SpoVal-00122 Project Title: Sprague, University to Park Stormwater Improvements Recipient Name: City of Spokane Valley Page 34 of 40 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 RECIPIENT 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, if required 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. 10. 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 (10) business days, unless more time is needed, after concluding the review. 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. 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 of a dispute, the RECIPIENT agrees to proceed diligently with the performance of this Agreement and in accordance with the decision rendered. Nothing in this Agreement will be construed to limit the parties' choice of another mutually acceptable method, in addition to the dispute resolution procedure outlined above. 11. ENVIRONMENTAL DATA STANDARDS a) RECIPIENT shall prepare a Quality Assurance Project Plan (QAPP) for a project that collects or uses environmental Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2016-SpoVal-00122 Project Title: Sprague, University to Park Stormwater Improvements Recipient Name: City of Spokane Valley Page 35 of 40 measurement data. RECIPIENTS unsure about whether a QAPP is required for their project shall contact the ECOLOGY Program issuing the grant or loan. If a QAPP is required, the RECIPIENT shall: • Use ECOLOGY's QAPP Template/Checklist provided by the ECOLOGY, unless ECOLOGY Quality Assurance (QA) officer or the Program QA coordinator instructs otherwise. • Follow ECOLOGY's Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies, July 2004 (Ecology Publication No. 04-03-030). • Submit the QAPP to ECOLOGY for review and approval before the start of the work. b) RECIPIENT shall submit environmental data that was collected on a project to ECOLOGY using the Environmental Information Management system (EIM), unless the ECOLOGY Program instructs otherwise. The RECIPIENT must confirm with ECOLOGY that complete and correct data was successfully loaded into EIM, find instructions at: http://www.ecy.wa.gov/eim. c) RECIPIENT shall follow ECOLOGY's data standards when Geographic Information System (GIS) data is collected and processed. Guidelines for Creating and Accessing GIS Data are available at: https://ecology.wa.gov/Research-Data/Data-resources/Geographic-Information-Systems-GIS/Standards. RECIPIENT, when requested by ECOLOGY, shall provide copies to ECOLOGY of all final GIS data layers, imagery, related tables, raw data collection files, map products, and all metadata and project documentation. 12. GOVERNING 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 of Thurston 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 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: a) Include qualified minority and women's businesses on solicitation lists whenever they are potential sources of goods or services. Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2016-SpoVal-00122 Project Title: Sprague, University to Park Stormwater Improvements Recipient Name: City of Spokane Valley Page 36 of 40 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 permit, 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 of the 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) The Agreement; (c) Scope of Work; (d) Special Terms and Conditions; (e) Any provisions or terms incorporated herein by reference, including the "Administrative Requirements for Recipients of Ecology Grants and Loans"; and (f) the General Terms and Conditions. 18. PRESENTATION AND PROMOTIONAL MATERIALS ECOLOGY reserves the right to approve RECIPIENT 's communication documents and materials related to the fulfillment of this Agreement: a) If requested, RECIPIENT shall provide a draft copy to ECOLOGY for review and approval ten (10) business days prior to production and distribution. b) RECIPIENT shall include time for ECOLOGY's review and approval process in their project timeline. c) If requested, RECIPIENT shall 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 with a message, such as a refrigerator magnet, and any online communications, such as web pages, blogs, and twitter campaigns. If it is not practical to provide a copy, then the RECIPIENT shall provide a description (photographs, drawings, printouts, etc.) that best represents the item. Any communications intended for public distribution that uses ECOLOGY's logo shall comply with ECOLOGY's graphic requirements and any additional requirements specified in this Agreement. Before the use of ECOLOGY'S logo contact ECOLOGY for guidelines. RECIPIENT shall acknowledge in the communications 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 1 through March 31, April 1 through June 30, July 1 through September 30, and October 1 through December 31. Reports shall be submitted within thirty (30) days after the end of the quarter being reported. e) RECIPIENT must submit within thirty (30) days of the expiration date of the project, unless an extension has been approved by ECOLOGY, all financial, performance, and other reports required by the agreement and funding program guidelines. 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 Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2016-SpoVal-00122 Project Title: Sprague, University to Park Stormwater Improvements Recipient Name: City of Spokane Valley Page 37of40 under this Agreement, 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. c) 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. 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, or 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. If 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. f) Acquisition Projects. The following provisions shall apply if the project covered by this Agreement includes funds for the acquisition of land or facilities: 1. RECIPIENT shall establish that the cost is fair value and reasonable prior to disbursement of funds provided for in this Agreement. 2. 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. 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. Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2016-SpoVal-00122 Project Title: Sprague, University to Park Stormwater Improvements Recipient Name: City of Spokane Valley Page 38 of 40 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. SEVERABILITY If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, and to this end the provisions of this Agreement are declared to be severable. 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 43.21C RCW and Chapter 197-11 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 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 100% post -consumer recycled paper. For more suggestions visit ECOLOGY's web page: Green Purchasing, , http s: //ecology.wa. gov/Regulations-Permits/Guidance-technical-assistance/Sustain able -purchasing. 27. TERMINATION a) For Cause Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2016-SpoVal-00122 Project Title: Sprague, University to Park Stormwater Improvements Recipient Name: City of Spokane Valley Page 39 of 40 ECOLOGY may terminate 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 terminated, the parties shall be liable only for performance 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 -Performance. 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, except as noted below. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms 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 from 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 terminate 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 with no notification or restrictions, although ECOLOGY will make a reasonable attempt to provide notice. In the event of termination or suspension, ECOLOGY will reimburse eligible costs incurred by the recipient/contractor through the effective date of termination or suspension. Reimbursed costs must be agreed to by ECOLOGY and the recipient/contractor. In no event shall ECOLOGY's reimbursement exceed ECOLOGY's total responsibility under the agreement and any amendments. If payments have been discontinued by ECOLOGY due to unavailable funds, the RECIPIENT shall not be obligated to repay 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 RECIPIENT's governing body. c) By Mutual Agreement ECOLOGY and 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 Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2016-SpoVal-00122 Project Title: Sprague, University to Park Stormwater Improvements Recipient Name: City of Spokane Valley Page 40 of 40 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 default 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. Version 10/30/2015 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: May 21, 2019 Check all that apply: ['consent ❑ old business ['information ® admin. report Department Director Approval: ['new business ['public hearing ['pending legislation ['executive session AGENDA ITEM TITLE: Appleway Stormwater Improvements, Farr to University, Phase 3B — Department of Ecology Agreement GOVERNING LEGISLATION: RCW 90.48, Chapter 173-200 WAC, Title 33 U.S.C. 1251-1376; Storm and Surface Water Utility: SVMC 3.80; Aquifer Protection Area Fund: RCW 36.36. The Federal Clean Water Act of 1987, Section 319, Chapter 173-95A WAC PREVIOUS COUNCIL ACTION TAKEN: • June 2011 - Council retreat. • April 24, 2012 — Council request to look at landscaping improvements on Appleway Blvd. • March 19, 2013 - Staff report/Council requests to study phasing. • May 21, 2013 — Council consensus to start design work for phase 1, Dora to Park Rd. • October 11, 2016 — Administrative Report discussing Washington State Department of Ecology stormwater grant opportunities resulting in consensus to apply for grants. • November 13, 2018 — Ordinance 18-024 adopting the 2019 City Budget, including $832,600 for Fund 403 (Aquifer Protection Area Fund) expenditures. BACKGROUND: Following a June 2011 retreat, in 2012 Council requested that staff take a look at how Appleway Avenue between Thierman Rd. and University Rd. could be improved aesthetically with possible landscaping and/or stormwater swale improvements. Staff hired a landscape architectural consultant to review the existing available right-of-way, evaluate the existing swale areas and other potential landscape areas, and develop preliminary cost estimates to beautify Appleway Blvd. The consultant and staff finalized a study in December 2012 and reported to Council in March 2013. Council requested staff look at phasing options and costs associated with construction and long-term maintenance. This effort resulted in 3 phases of improvements. • Phase 1 — Dora to Park • Phase 2 — Park to Dishman-Mica • Phase 3 — Dishman-Mica to University On May 21, 2013 Council requested staff to begin design work for Phase 1 of Appleway Landscaping from Dora Street to Park Rd. Based on information gained through project development staff received Council approval to separate sidewalk, where right-of-way was available. Separating the sidewalks presents the following opportunities: • More aesthetically pleasing and closer in appearance to the adjoining Sprague project. • Snow storage next to the curb, saving property owners and businesses from the responsibility of moving the snow berm on a sidewalk left by City forces. Phase 1 was constructed in the fall of 2014. The Department of Ecology, through the Water Quality Program for State Fiscal Year (SFY) 2016, issued a call for projects on September 1, 2016. Consensus from City Council to apply for grants, including the Phase 3b Appleway Stormwater Improvements Farr to University, was received on October 11, 2016. On February 23, 2018, the City was informed by the Department of Ecology on the successful funding of this project, and Ecology was authorized to begin agreement negotiation for this project. The Department of Ecology Water Quality Agreement will provide water quality stormwater improvements along Appleway Blvd. between Farr Rd. and University Ave. as envisioned in the Appleway Enhanced Stormwater Feasibility study completed in 2012. This project is located along approximately 0.6 miles of Appleway Boulevard from Farr Rd. to University Ave. Appleway is an east bound, one way, four lane major arterial in developing mixed use zone. Existing stormwater infrastructure is comprised of one bio -infiltration swale with an overflow drywell at the east end of the project area, and catch basins with drywells with no pre-treatment along the length of the project area. Project Phase 3B proposes similar improvements to Phase 1 and includes separated sidewalk where right-of-way is available, replacing non -irrigated existing facilities with irrigated facilities, new irrigated bioinfiltration swales, and other general landscape improvements where practical. The project will help protect and restore water quality in Washington State by reducing stormwater impacts from existing infrastructure and development. OPTIONS: Consensus from council to include this agreement on the May 28, 2019 agenda for motion approval consideration; or other appropriate action. BUDGET/FINANCIAL IMPACTS: Total cost estimate of $ 969,400 for improvements, with up to $654,732.00 reimbursed by Ecology. The following is a summary of the financial information. Ecology Share $ 564,488.00 (75% - SFAP) City Share (Fund 403) $ 188,162.67 (25% - SFAP) Ecology Share $ 90,244.00 (100% - GRI) City (Fund 402/403/Street) $ 126,505.33 (Non -Eligible Costs) Total Eligible Costs $ 969,400.00 There are sufficient funds available in Fund 403, Aquifer Protection Area Fund, to cover 2019 expenditures associated with this Agreement. Subsequent Annual City Budgets will also identify sufficient funding in Fund 403 for future years' expenditures. STAFF CONTACT: Bill Helbig, PE — City Engineer Chad Phillips, PE — Stormwater Engineer ATTACHMENTS: PowerPoint Presentation Department of Ecology Water Quality Agreement a�` Appleway Improvements - Financials May 21, 2019 ▪ Initial Application Cost (2016) - $ 1,242,109 ■ Revised Total Project Cost (2018) - $ 969,400 Final Total Eligible Cost - $ 842,894.67 Financial / Cost Information 2 Ecology Share City Share (Fund 403) Ecology Share City(Fund 402/403/Street) Total Eligible Costs $ 564,488.00 (75% - SFAP) $ 188,162.67 (25% - SFAP) $ 90,244.00 (100% - GRI) $ 126,505.33 (Non -Eligible Costs) $ 969,400.00 Spokane ,20007° Valley Appleway Improvements —Financial Summary May 21, 2019 3 Possible coordination w/Appleway Trail funding Suggest 50/50 split between Street and Stormwater Funds to convert dryland swales and landscape upgrades 75% Ecology Grant, 25% local match for water quality improvements eligible by the Stormwater Financial Assistance Program (SFAP) 100% Ecology funding for Green Retrofit Incentive (GRI) design cos Spok ne �jValfey May 21, 20 Appleway Improvements —Phase 1 Project Review19 Park to Dora Constructed 2014 4 Spokane ,o•OValley May 21, 2019 Appleway Improvements — Phase 3B Project Overview Project Scope - Farr to University Phase 3B Appleway Enhanced Stormwater Feasibility Proposed Areas fir r rsrBer CITY HALL S !,! ,- m e tr ff,, S. � v r Ill _ LL _moi.-,�..---......-,..._ i Appleway-------------___,_ = 3rd 4th Possible Landscaping & Funding Options 4th ir"J = -- Possible Coordination with Pedestrian Trail Existing Irrigated Landscaping within ROW Existing Dryland Swales y Areas for New Swales SSpoPossible ka�nea��r w F - - 2018 Aerial Photo Date: 5/3/2019 Other Areas for Landscaping (Not eligible for SW/APA Funds) , --,._ --- Real Estate or Easement Required Questions May 21, 2019 6 [f1111F Spokane Walley DEPARTMENT OF ECOLOGY State of Washington Agreement No. WQC-2018-SpoVal-00075 WATER QUALITY COMBINED FINANCIAL ASSISTANCE AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND CITY OF SPOKANE VALLEY 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 Spokane Valley, hereinafter referred to as the "RECIPIENT," to carry out with the provided funds activities described herein. GENERAL INFORMATION Project Title: 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: Appleway Stormwater Improvements, Farr to University $1,242,109.00 $842,894.67 $654,732.00 $188,162.67 07/01/2018 12/31/2021 Stormwater Facility Project Short Description: This project will improve water quality in the Spokane Valley-Rathdrum Prairie Aquifer through installation of bio -infiltration swales on Appleway Blvd from Farr Rd to University Ave in the City of Spokane Valley. This project will provide treatment for total suspended solids (TSS) and oil (total petroleum hydrocarbons). Project Long Description: The City of Spokane Valley is located over the Spokane Valley-Rathdrum Prairie (SVRP) Aquifer. The SVRP Aquifer is as an EPA designated sole source aquifer that provides drinking water to about 500,000 people. The SVRP Aquifer is also connected to the Spokane and Little Spokane Rivers, both of which are 303(d) list impaired water bodies with total maximum daily loads (TMDLs) in place for dissolved oxygen and dissolved metals. The entire City of Spokane Valley is a Critical Aquifer Recharge Area and urban stormwater runoff is currently injected into the ground with no pretreatment. State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00075 Project Title: Appleway Stormwater Improvements, Farr to University Recipient Name: City of Spokane Valley The project is located along approximately 0.6 miles of Appleway Boulevard from Farr Rd to University Ave. Appleway Blvd is an east bound, one way, four lane major arterial in a developing mixed use zone. Existing stormwater infrastructure is comprised of one bio -infiltration swale with an overflow drywell at the east end of the project area, and catch basins with drywells with no pre-treatment along the length of the project area. The RECIPIENT will design and construct bio -infiltration swales along the length of the project area on both sides of the arterial to capture, treat, and infiltrate stormwater from approximately three acres of contributing area. The swales will treat stormwater for total suspended solids, and oil. Overall Goal: This project will help protect and restore water quality in Washington state by reducing stormwater impacts from existing infrastructure and development. Version 10/30/2015 Page 2 of 43 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00075 Project Title: Appleway Stormwater Improvements, Farr to University Recipient Name: City of Spokane Valley RECIPIENT INFORMATION Organization Name: City of Spokane Valley Federal Tax ID: 71-0914170 DUNS Number: 168240617 Mailing Address: 10210 East Sprague Avenue Spokane Valley, WA 99206 Physical Address: 10210 East Sprague Avenue Spokane Valley, Washington 99206 Organization Email: Organization Fax: Contacts cityhall@spokanevalley.org (509) 921-1008 Page 3 of 43 Project Manager Chad Phillips Assistant Stormwater Engineer 10210 E. Sprague Ave. Spokane Valley, Washington 99206 Email: cphillips@spokanevalley.org Phone: (509) 720-5013 Billing Contact Jonathan Lakey Accountant/Budget Analyst 10210 East Sprague Avenue Spokane Valley, Washington 99206 Email: jlakey@spokanevalley.org Phone: (509) 720-5046 Authorized William Helbig Signatory City Engineer 10210 East Sprague Avenue Spokane Valley, Washington 99206 Email: bhelbig@spokanevalley.org Phone: (509) 720-5000 Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00075 Project Title: Appleway Stormwater Improvements, Farr to University Recipient Name: City of Spokane Valley ECOLOGY INFORMATION Mailing Address: Department of Ecology Water Quality PO BOX 47600 Olympia, WA 98504-7600 Physical Address: Water Quality 300 Desmond Drive SE Lacey, WA 98503 Contacts Page 4 of 43 Project Manager Brandy Reynecke 4601 N Monroe Street Spokane, Washington 99205-1295 Email: brey461@ecy.wa.gov Phone: (509) 329-3421 Sarah Zehner Financial Water Quality Financial Manager Manager PO Box 47600 Olympia, Washington 98504-7600 Email: szeh461@ecy.wa.gov Phone: (360) 407-7196 Doug Howie Technical Senior Stormwater Engineer Advisor PO Box 47600 Olympia, Washington 98504-7600 Email: DOH0461@ecy.wa.gov Phone: (360) 407-6444 Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00075 Project Title: Appleway Stormwater Improvements, Farr to University Recipient Name: City of Spokane Valley AUTHORIZING SIGNATURES Page 5 of 43 RECIPIENT agrees to furnish the necessary personnel, equipment, materials, services, and otherwise do all things necessary for or incidental to the performance of work as set forth in this Agreement. RECIPIENT acknowledges that they had the opportunity to review the entire Agreement, including all the terms and conditions of this Agreement, Scope of Work, attachments, and incorporated or referenced documents, as well as all applicable laws, statutes, rules, regulations, and guidelines mentioned in this Agreement. Furthermore, the RECIPIENT has read, understood, and accepts all requirements contained within 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. No subsequent modifications or amendments to this agreement will be of any force or effect unless in writing, signed by authorized representatives of the RECIPIENT and ECOLOGY and made a part of this agreement. ECOLOGY and RECIPIENT may change their respective staff contacts without the concurrence of either party. 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 and bind their respective organizations to this Agreement. Washington State Department of Ecology City of Spokane Valley By: By: Heather R. Bartlett Water Quality Program Manager Template Approved to Form by Attorney General's Office Version 10/30/2015 Date William Helbig City Engineer Date State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00075 Project Title: Appleway Stormwater Improvements, Farr to University Recipient Name: City of Spokane Valley SCOPE OF WORK Task Number: 1 Task Cost: $0.00 Task Title: Project Administration/Management Page 6 of 43 Task Description: A. The RECIPIENT shall carry out all work necessary to meet ECOLOGY grant or loan administration requirements. Responsibilities include, but are not limited to: maintenance of project records; submittal of requests for reimbursement and corresponding backup documentation; progress reports; and a recipient closeout report (including photos). B. The RECIPIENT shall maintain documentation demonstrating 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. C. The RECIPIENT shall manage the project. Efforts include, but are not limited to: conducting, coordinating, and scheduling project activities and assuring quality control. Every effort will be made to maintain effective communication with the RECIPIENT's designees; ECOLOGY; all affected local, state, or federal jurisdictions; and any interested individuals or groups. The RECIPIENT shall carry out this project in accordance with any completion dates outlined in this agreement. Task Goal Statement: Properly managed and fully documented project that meets ECOLOGY's grant or loan administrative requirements. Task Expected Outcome: * Timely and complete submittal of requests for reimbursement, quarterly progress reports, and RECIPIENT closeout report. * Properly maintained project documentation Recipient Task Coordinator: Chad Philips Project Administration/Management Deliverables Number Description Due Date 1.1 Quarterly Progress Reports 1.2 Recipient Closeout Report 1.3 Project Outcome Summary Report Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00075 Project Title: Appleway Stormwater Improvements, Farr to University Recipient Name: City of Spokane Valley SCOPE OF WORK Task Number: 2 Task Cost: $90,244.00 Task Title: Design Plans and Specs, Environmental Review Page 7 of 43 Task Description: The RECIPIENT shall ensure the following items are completed and provide the associated deliverables to ECOLOGY The RECIPIENT must approve all materials prior to submitting them to ECOLOGY for acceptance. A. The RECIPIENT will coordinate the preparation and submittal of State Environmental Policy Act (SEPA) documentation. B. The RECIPIENT is responsible for application of, receipt of, and compliance with all required local, state, tribal and federal permits, licenses, easements, or property rights necessary for the project. C. The RECIPIENT will comply with Executive Order (05-05) cultural resources review requirements. To initiate cultural resources review the RECIPIENT will: 1. Submit an ECOLOGY 05-05/106 Form, or a cultural resources survey or assessment completed by a licensed archaeologist to ECOLOGY. All submitted materials must conform to the Washington State Standards for Cultural Resource Reporting (DAHP February 2014). 2. Develop and submit an Inadvertent Discovery Plan (IDP) to ECOLOGY. The RECIPIENT will ensure that all contractors and subcontractors have a copy of the completed IDP prior to and while working on-site. An IDP template can be found on the ECOLOGY website. Ground disturbing work (including geotechnical investigations) completed prior to receiving written notice to proceed from ECOLOGY shall not be eligible for reimbursement. D. The RECIPIENT will develop a project Design Report. Projects must be designed in accordance with the Stormwater Management Manual for Eastern Washington, Stormwater Management Manual for Western Washington, or equivalent manual. Project must be reviewed and accepted in writing by ECOLOGY to be eligible for reimbursement. The RECIPIENT will submit one digital copy of the items listed below to ECOLOGY for review. Reduce design figures to 11x17 inches in size and ensure they are legible. 1. Design Report. For a complete list of required design report elements refer to the ECOLOGY website. The RECIPIENT agrees to respond to ECOLOGY comments. The RECIPIENT must receive an Ecology Design Report Acceptance Letter prior to proceeding to 90 Percent design. 2. 90 Percent Design Package. At a minimum, this package must include 90 percent plans, specifications, engineer's opinion of cost which includes a schedule of eligible costs, and project construction schedule. For current bid inserts and specifications refer to the ECOLOGY website. Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00075 Project Title: Appleway Stormwater Improvements, Farr to University Recipient Name: City of Spokane Valley Page 8 of 43 The RECIPIENT agrees to respond to ECOLOGY comments. The RECIPIENT must receive an Ecology 90 Percent Design Acceptance Letter prior to proceeding Final Design. 3. The RECIPIENT will submit a digital copy of the Final Bid Package to ECOLOGY for review and acceptance prior to advertising the project. The Final Bid Package includes: project plans, specifications, engineer's opinion of cost including a schedule of eligible costs, and project construction schedule. Task Goal Statement: The RECIPIENT will complete all design, environmental review, and permitting tasks and respond to ECOLOGY comments in a timely manner. Task Expected Outcome: The project will meet the requirements set forth by the State Environmental Policy Act, cultural resource protection requirements, ECOLOGY water quality facility design standards, and all other applicable federal, state, and local laws and regulations. Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00075 Project Title: Appleway Stormwater Improvements, Farr to University Recipient Name: City of Spokane Valley Recipient Task Coordinator: Chad Philips Design Plans and Specs, Environmental Review Deliverables Page 9 of 43 Number Description Due Date 2.1 Copy of SEPA determination documentation. Upload to EAGL and notify ECOLOGY when upload is complete. 2.2 Submit ECOLOGY 05-05/106 Form and any supplemental cultural resources documentation including Cultural Resource surveys directly to the Ecology Project Manager. Upload the Final Determination Letter to EAGL. 2.3 Inadvertent Discovery Plan. Upload to EAGL and notify ECOLOGY when upload is complete. 2.4 Design Report. Upload to EAGL and notify ECOLOGY when upload is complete. 2.5 Responses to ECOLOGY Design Report comments. Upload to EAGL and notify ECOLOGY when upload is complete. 2.6 Ecology Design Report Acceptance Letter. Upload to EAGL and notify ECOLOGY when upload is complete. 2.7 90 Percent Design Package. Upload to EAGL and notify ECOLOGY when upload is complete. 2.8 Responses to ECOLOGY 90 Percent Design Plan comments. Upload to EAGL and notify ECOLOGY when upload is complete. 2.9 Ecology 90 Percent Design Acceptance Letter. Upload to EAGL and notify ECOLOGY when upload is complete. 2.10 List of permits acquired, and environmental review documents. Upload to EAGL and notify ECOLOGY when upload is complete. 2.11 Final Bid Package. Upload to EAGL and notify ECOLOGY when upload is complete. 2.12 Ecology Final Bid Package Acceptance Letter. Upload to EAGL and notify ECOLOGY when upload is complete. Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00075 Project Title: Appleway Stormwater Improvements, Farr to University Recipient Name: City of Spokane Valley SCOPE OF WORK Task Number: 3 Task Cost: $60,000.00 Task Title: Construction Management Task Description: A. The RECIPIENT will provide construction oversight and management of the project. B. The RECIPIENT will submit a detailed construction quality assurance plan to ECOLOGY for review and acceptance before the start of construction. This plan must describe how the RECIPIENT will perform adequate and competent construction oversight. Once accepted by Ecology, upload to EAGL. C. The RECIPIENT will conduct a pre -construction conference meeting and invite ECOLOGY to attend. Page 10 of 43 D. The RECIPIENT will submit an updated project schedule with projected cash flow to ECOLOGY within 30 days of the start of construction. The RECIPIENT will revise and/or update the project schedule whenever major changes occur and at a minimum of every three months. The RECIPIENT will submit the updated schedule to ECOLOGY with the quarterly report. When changes in the construction schedule affect previous cash flow estimates, The RECIPIENT must submit revised cash flow projections to ECOLOGY. E. Prior to execution, the RECIPIENT will submit in writing any eligible change orders that are a significant deviation from ECOLOGY -accepted plans and specifications for ECOLOGY review and acceptance for payment. ECOLOGY must review and accept all change orders that impact grant eligible activities prior to implementation. ECOLOGY must review all other change orders for technical merit and should be submitted within 30 days after execution. Change orders are to be signed by the contractor, the engineer (if appropriate), and the RECIPIENT prior to submittal to ECOLOGY for acceptance. F. The RECIPIENT will operate and maintain the constructed facility for the design life of the facility. Additionally, the RECIPIENT will develop and submit an operations and maintenance (O&M) plan for all Water Quality Best Management Practices to ECOLOGY for review. The O&M plan will describe how the RECIPIENT will ensure project success consistent with the design manual used. The O&M plan must also address long-term activities to assure ongoing pollutant removal and flow -control capability of the project in accordance with the design manual. G. Upon completion of construction, the RECIPIENT will provide to ECOLOGY: 1. A Stormwater Construction Completion Form signed by a professional engineer indicating that the project was completed in accordance with the plans and specifications and major change orders approved by ECOLOGY's Project Engineer and shown on the Record Drawings. The Stormwater Construction Completion Form can be found on the ECOLOGY website. 2. GIS compatible project area in Shapefile, Geodatabase file, or ECOLOGY -Approved Equivalent. The project area should include features for treatment facilities and contributing areas. Task Goal Statement: The RECIPIENT will oversee and manage construction, communicate with ECOLOGY in a timely fashion, Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00075 Project Title: Appleway Stormwater Improvements, Farr to University Recipient Name: City of Spokane Valley and provide ECOLOGY with all requested project documentation. Task Expected Outcome: Project will be constructed on schedule and in accordance with accepted plans. Recipient Task Coordinator: Chad Phillips Construction Management Deliverables Page 11 of 43 Number Description Due Date 3.1 Construction Quality Assurance Plan. Submit to ECOLOGY for review and acceptance. Upload to EAGL and notify ECOLOGY when upload is complete. 3.2 Pre -construction conference meeting minutes. Upload to EAGL and notify ECOLOGY when upload is complete. 3.3 Project Schedule. Upload to EAGL using naming convention D3.3 SCHEDULE MO -DA -YEAR and notify ECOLOGY when upload is complete. 3.4 Revised cash flow estimates when changes in construction schedule occur. Upload to EAGL using naming convention D3.4 CASHFLOW MO -DA -YEAR and notify ECOLOGY when upload is complete. 3.5 Change Order(s). Upload to EAGL and notify ECOLOGY when upload is complete. 3.6 Copy of Facility Operation and Maintenance Plan. Submit to ECOLOGY for review and acceptance. Upload to EAGL and notify ECOLOGY when upload is complete. 3.7 Stormwater Construction Completion Form. Upload to EAGL and notify ECOLOGY when upload is complete. 3.8 Project Area Shapefile, Geodatabase file, or ECOLOGY -approved Equivalent. The project area should include features for treatment facilities and contributing areas. Upload to EAGL and notify ECOLOGY when upload is complete. Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00075 Project Title: Appleway Stormwater Improvements, Farr to University Recipient Name: City of Spokane Valley SCOPE OF WORK Task Number: 4 Task Cost: $692,650.67 Task Title: Construction Page 12 of 43 Task Description: A. The RECIPIENT will construct the project in accordance with ECOLOGY -accepted plans and specifications. The construction project will include installation of bio -infiltration swales and drywells to mitigate runoff from approximately three acres of pollution generating impervious surfaces. B. Calculate and submit an equivalent new/re-development area for the completed retrofit project(s) using the methods outlined in the Combined Water Quality Financial Assistance Program Funding Guidelines or other ECOLOGY -accepted method. Task Goal Statement: Construction of the project in accordance with ECOLOGY -accepted plans and specifications. Task Expected Outcome: Constructed project will provide water quality benefits including reduction of total suspended solids, oil, and dissolved copper and zinc. Recipient Task Coordinator: Chad Phillips Construction Deliverables Number Description Due Date 4.1 Copy of the contract documents (e.g. bid announcement, bid award and bid tabulations). Upload to EAGL and notify ECOLOGY when upload is complete. 4.2 Copy of signed and dated construction contract. Upload to EAGL and notify ECOLOGY when upload is complete. 4.3 Construction progress reports and photos included in progress reports uploaded to EAGL. 4.4 Completed equivalent new/redevelopment area determination. Upload to EAGL and notify ECOLOGY when upload is complete. Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00075 Project Title: Appleway Stormwater Improvements, Farr to University Recipient Name: City of Spokane Valley BUDGET Funding Distribution EG190407 NOTE: The above funding distribution number is used to idents this specific agreement and budget on payment remittances and may be referenced on other communications from ECOLOGY. Your agreement may have multiple funding distribution numbers to idents each budget. Funding Title: SFAP Funding Type: Grant Funding Effective Date: 07/01/2018 Funding Expiration Date: 12/31/2021 Funding Source: Title: SFAP-SFY18 Type: State Funding Source %: 100% Description: Environmental Legacy Stewardship Account (ELSA) - State Approved Indirect Costs Rate: Recipient Match %: InKind Interlocal Allowed: InKind Other Allowed: Approved State Indirect Rate: 0% 25% No No No SFAP Task Total Project Administration/Management $ 0.00 Design Plans and Specs, Environmental Review $ 0.00 Construction Management $ 60,000.00 Construction $ 692,650.67 Total: $ 752,650.67 Version 10/30/2015 Page 13 of 43 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00075 Project Title: Appleway Stormwater Improvements, Farr to University Recipient Name: City of Spokane Valley BUDGET Funding Distribution EG190408 NOTE: The above funding distribution number is used to idents this specific agreement and budget on payment remittances and may be referenced on other communications from ECOLOGY. Your agreement may have multiple funding distribution numbers to idents each budget. Funding Title: Green Retrofit Incentive Funding Type: Grant Funding Effective Date: 07/01/2018 Funding Expiration Date: 12/31/2021 Funding Source: Title: SFAP-SFY18 Type: State Funding Source %: 100% Description: Environmental Legacy Stewardship Account (ELSA) - State Approved Indirect Costs Rate: Recipient Match %: InKind Interlocal Allowed: InKind Other Allowed: Approved State Indirect Rate: 0% 0% No No No Green Retrofit Incentive Task Total Design Plans and Specs, Environmental Review $ 90244.00 Total: $ 90,244.00 Version 10/30/2015 Page 14 of 43 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00075 Project Title: Appleway Stormwater Improvements, Farr to University Recipient Name: City of Spokane Valley Funding Distribution Summary Recipient / Ecology Share Page 15 of 43 Funding Distribution Name Recipient Match % Recipient Share Ecology Share Total Green Retrofit Incentive 0.00 % $ 0.00 $ 90,244.00 $ 90,244.00 SFAP 25.00 % $ 188,162.67 $ 564,488.00 $ 752,650.67 Total $ 188,162.67 $ 654,732.00 $ 842,894.67 AGREEMENT SPECIFIC TERMS AND CONDITIONS N/A SPECIAL TERMS AND CONDITIONS SECTION 1: DEFINITIONS Unless otherwise provided, the following terms will have the respective meanings for all purposes of this agreement: "Administration Charge" means a charge established in accordance with Chapter 90.50A RCW and Chapter 173-98 WAC, to be used to pay Ecology's cost to administer the State Revolving Fund by placing a percentage of the interest earned in an Administrative Charge Account. "Administrative Requirements" means the effective edition of ECOLOGY's Administrative Requirements for Recipients of Ecology Grants and Loans at the signing of this agreement. "Annual Debt Service" for any calendar year means for any applicable bonds or loans including the loan, all interest plus all principal due on such bonds or loans in such year. "Average Annual Debt Service" means, at the time of calculation, the sum of the Annual Debt Service for the remaining years of the loan to the last scheduled maturity of the loan divided by the number of those years. "Acquisition" means the purchase or receipt of a donation of fee or less than fee interests in real property. These interests include, but are not limited to, conservation easements, access/trail easements, covenants, water rights, leases, and mineral rights. "Centennial Clean Water Program" means the state program funded from various state sources. "Contract Documents" means the contract between the RECIPIENT and the construction contractor for construction of the project. "Cost Effective Analysis" means a comparison of the relative cost -efficiencies of two or more potential ways of solving a water quality problem as described in Chapter 173-98-730 WAC. Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00075 Project Title: Appleway Stormwater Improvements, Farr to University Recipient Name: City of Spokane Valley Page 16 of 43 "Defease" or "Defeasance" means the setting aside in escrow or other special fund or account of sufficient investments and money dedicated to pay all principal of and interest on all or a portion of an obligation as it comes due. "Effective Date" means the earliest date on which eligible costs may be incurred. "Effective Interest Rate" means the total interest rate established by Ecology that includes the Administrative Charge. "Estimated Loan Amount" means the initial amount of funds loaned to the RECIPIENT. "Estimated Loan Repayment Schedule" means the schedule of loan repayments over the term of the loan based on the Estimated Loan Amount. "Equivalency" means projects designated by ECOLOGY to meet additional federal requirements. "Expiration Date" means the latest date on which eligible costs may be incurred. "Final Accrued Interest" means the interest accrued beginning with the first disbursement of funds to the RECIPIENT through such time as the loan is officially closed out and a final loan repayment schedule is issued. "Final Loan Amount" means all principal of and interest on the loan from the Project Start Date through the Project Completion Date. "Final Loan Repayment Schedule" means the schedule of loan repayments over the term of the loan based on the Final Loan Amount. "Forgivable Principal" means the portion of a loan that is not required to be paid back by the borrower. "General Obligation Debt" means an obligation of the RECIPIENT secured by annual ad valorem taxes levied by the RECIPIENT and by the full faith, credit, and resources of the RECIPIENT. "General Obligation Payable from Special Assessments Debt" means an obligation of the RECIPIENT secured by a valid general obligation of the Recipient payable from special assessments to be imposed within the constitutional and statutory tax limitations provided by law without a vote of the electors of the RECIPIENT on all of the taxable property within the boundaries of the RECIPIENT. "Gross Revenue" means all of the earnings and revenues received by the RECIPIENT from the maintenance and operation of the Utility and all earnings from the investment of money on deposit in the Loan Fund, except (i) Utility Local Improvement Districts (ULID) Assessments, (ii) government grants, (iii) RECIPIENT taxes, (iv) principal proceeds of bonds and other obligations, or (v) earnings or proceeds (A) from any investments in a trust, Defeasance, or escrow fund created to Defease or refund Utility obligations or (B) in an obligation redemption fund or account other than the Loan Fund until commingled with other earnings and revenues of the Utility or (C) held in a special account for the purpose of paying a rebate to the United States Government under the Internal Revenue Code. "Guidelines" means the ECOLOGY's Funding Guidelines that that correlate to the State Fiscal Year in which the project is Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00075 Project Title: Appleway Stormwater Improvements, Farr to University Recipient Name: City of Spokane Valley funded. Page 17 of 43 "Initiation of Operation Date" means the actual date the Water Pollution Control Facility financed with proceeds of the loan begins to operate for its intended purpose. "Loan" means the Washington State Water Pollution Control Revolving Fund Loan or Centennial Clean Water Fund (Centennial) Loan made pursuant to this loan agreement. "Loan Amount" means either an Estimated Loan Amount or a Final Loan Amount, as applicable. "Loan Fund" means the special fund created by the RECIPIENT for the repayment of the principal of and interest on the loan. "Loan Security" means the mechanism by which the RECIPIENT pledges to repay the loan. "Loan Term" means the repayment period of the loan. "Maintenance and Operation Expense" means all reasonable expenses incurred by the RECIPIENT in causing the Utility to be operated and maintained in good repair, working order, and condition including payments to other parties, but will not include any depreciation or RECIPIENT levied taxes or payments to the RECIPIENT in lieu of taxes. "Net Revenue" means the Gross Revenue less the Maintenance and Operation Expense. "Original Engineer's Estimate" means the engineer's estimate of construction costs included with bid documents. "Principal and Interest Account" means, for a loan that constitutes Revenue -Secured Debt, the account created in the loan fund to be first used to repay the principal of and interest on the loan. "Project" means the project described in this agreement. "Project Completion Date" means the date specified in the agreement on which the Scope of Work will be fully completed. This term is only used in loan agreements. "Project Schedule" means that schedule for the project specified in the agreement. "Revenue -Secured Debt" means an obligation of the RECIPIENT secured by a pledge of the revenue of a utility and one not a general obligation of the RECIPIENT. "Reserve Account" means, for a loan that constitutes a Revenue Secured Debt and if specifically identified as a term and condition of the funding agreement, the account of that name created in the loan fund to secure the payment of the principal of and interest on the loan. "Risk -Based Determination" means an approach to sub -recipient monitoring and oversight based on risk factors associated to a RECIPIENT or project. "Scope of Work" means the tasks and activities constituting the project. Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00075 Project Title: Appleway Stormwater Improvements, Farr to University Recipient Name: City of Spokane Valley Page 18 of 43 "Section 319" means the section of the Clean Water Act that provides funding to address nonpoint sources of water pollution . "Senior Lien Obligations" means all revenue bonds and other obligations of the RECIPIENT outstanding on the date of execution of this loan agreement (or subsequently issued on a parity therewith, including refunding obligations) or issued after the date of execution of this loan agreement having a claim or lien on the Gross Revenue of the Utility prior and superior to the claim or lien of the loan, subject only to Maintenance and Operation Expense. "State Water Pollution Control Revolving Fund (Revolving Fund)" means the water pollution control revolving fund established by Chapter 90.50A.020 RCW. "Termination Date" means the effective date of ECOLOGY'S termination of the agreement. "Termination Payment Date" means the date on which the RECIPIENT is required to repay to ECOLOGY any outstanding balance of the loan and all accrued interest. "Total Eligible Project Cost" means the sum of all costs associated with a water quality project that have been determined to be eligible for ECOLOGY grant or loan funding, including any required recipient match. "Total Project Cost" means the sum of all costs associated with a water quality project, including costs that are not eligible for ECOLOGY grant or loan funding. "ULID" means any utility local improvement district of the RECIPIENT created for the acquisition or construction of additions to and extensions and betterments of the Utility. "ULID Assessments" means all assessments levied and collected in any ULID. Such assessments are pledged to be paid into the Loan Fund (less any prepaid assessments permitted by law to be paid into a construction fund or account). ULID Assessments will include principal installments and any interest or penalties which may be due. "Utility" means the sewer system, stormwater system, or the combined water and sewer system of the RECIPIENT, the Net Revenue of which is pledged to pay and secure the loan. SECTION 2: THE FOLLOWING CONDITIONS APPLY TO ALL RECIPIENTS OF WATER QUALITY COMBINED FINANCIAL ASSISTANCE FUNDING. The Water Quality Financial Assistance Funding Guidelines are included in this agreement by reference and are available on ECOLOGY's Water Quality Program website. A. Architectural and Engineering Services: The RECIPIENT certifies by signing this agreement that the requirements of Chapter 39.80 RCW, "Contracts for Architectural and Engineering Services," have been, or shall be, met in procuring qualified architectural/engineering services. The RECIPIENT shall identify and separate eligible and ineligible costs in the final architectural/engineering services contract and submit a copy of the contract to ECOLOGY. Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00075 Project Title: Appleway Stormwater Improvements, Farr to University Recipient Name: City of Spokane Valley Page 19 of 43 B. Acquisition: The following provisions shall be in force only if the project described in this agreement is an acquisition project: a. Evidence of Land Value and Title. The RECIPIENT shall submit documentation of the cost of the property rights and the type of ownership interest that has been acquired. b. Legal Description of Real Property Rights Acquired. The legal description of the real property rights purchased with funding assistance provided through this agreement (and protected by a recorded conveyance of rights to the State of Washington) shall be incorporated into the agreement before final payment. c. Conveyance of Rights to the State of Washington. Upon purchase of real property rights (both fee simple and lesser interests), the RECIPIENT shall execute the document necessary to convey certain rights and responsibilities to ECOLOGY, on behalf of the State of Washington. The documents required will depend on the project type, the real property rights being acquired, and whether or not those rights are being acquired in perpetuity (see options below). The RECIPIENT shall use language provided by ECOLOGY, to record the executed document in the County where the real property lies, and to provide a copy of the recorded document to ECOLOGY. Documentation Options: 1. Deed of Right. The Deed of Right conveys to the people of the state of Washington the right to preserve, protect, and/or use the property for public purposes consistent with the fund source. RECIPIENTs shall use this document when acquiring real property rights that include the underlying land. This document may also be applicable for those easements where the RECIPIENT has acquired a perpetual easement for public purposes. The RECIPIENT must obtain ECOLOGY approval on the draft language prior to executing the deed of right. 2. Assignment of Rights. The Assignment of Rights document transfers certain rights such as access and enforcement to ECOLOGY. The RECIPIENT shall use this document when an easement or lease is being acquired for water quality and habitat conservation. The Assignment of Rights requires the signature of the underlying landowner and must be incorporated by reference in the easement document. 3. Easements and Leases. The RECIPIENT may incorporate required language from the Deed of Right or Assignment of Rights directly into the easement or lease document, thereby eliminating the requirement for a separate document. Language will depend on the situation; therefore, the RECIPIENT must obtain ECOLOGY approval on the draft language prior to executing the easement or lease. d. Real Property Acquisition and Relocation Assistance. 1. Federal Acquisition Policies. See Section 4 of this agreement for requirements specific to Section 319 and SRF funded projects. 2. State Acquisition Policies. When state funds are part of this agreement, the RECIPIENT agrees to comply with the terms and conditions of the Uniform Relocation Assistance and Real Property Acquisition Policy of the State of Washington, Chapter 8.26 RCW, and Chapter 468-100 WAC. 3. Housing and Relocation. In the event that housing and relocation costs, as required by federal law set out in subsection (1) above and/or state law set out in subsection (2) above, are involved in the execution of this project, the RECIPIENT agrees to Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00075 Project Title: Appleway Stormwater Improvements, Farr to University Recipient Name: City of Spokane Valley provide any housing and relocation assistance required. e. Hazardous Substances. Page 20 of 43 1. Certification. The RECIPIENT shall inspect, investigate, and conduct an environmental audit of the proposed acquisition site for the presence of hazardous substances, as defined in RCW 70.105D.020(10), and certify: i. No hazardous substances were found on the site, or ii. Any hazardous substances found have been treated and/or disposed of in compliance with applicable state and federal laws, and the site is deemed "clean." 2. Responsibility. Nothing in this provision alters the RECIPIENT's duties and liabilities regarding hazardous substances as set forth in RCW 70.105D. 3. Hold Harmless. The RECIPIENT will defend, protect and hold harmless ECOLOGY and any and all of its employees and/or agents, from and against any and all liability, cost (including but not limited to all costs of defense and attorneys' fees) and any and all loss of any nature from any and all claims or suits resulting from the presence of, or the release or threatened release of, hazardous substances on the property the RECIPIENT is acquiring. f. Restriction On Conversion Of Real Property And/Or Facilities To Other Uses The RECIPIENT shall not at any time convert any real property (including any interest therein) or facility acquired, developed, maintained, renovated, and/or restored pursuant to this agreement to uses other than those purposes for which funds were approved without prior approval of ECOLOGY. For acquisition projects that are term limited, such as one involving a lease or a term -limited restoration, renovation or development project or easement, this restriction on conversion shall apply only for the length of the term, unless otherwise provided in written documents or required by applicable state or federal law. In such case, the restriction applies to such projects for the length of the term specified by the lease, easement, deed, or landowner agreement. C. Best Management Practices (BMP) Implementation: If the RECIPIENT installs BMPs that are not approved by ECOLOGY prior to installation, the RECIPIENT assumes the risk that part or all of the reimbursement for that activity may be delayed or ineligible. For more details regarding BMP Implementation, please reference the Water Quality Financial Assistance Funding Guidelines available on ECOLOGY's Water Quality Program funding website. D. Electronic Fund Transfers: The RECIPIENT must register as a statewide vendor in order to receive payment reimbursement. Washington State's Department of Enterprise Services (DES) issues all payments. DES maintains a central vendor file for Washington State agency use to process vendor payments. The RECIPIENT can complete the registration process online at: http://des.wa.gov/services/ContractingPurchasing/Business/VendorPay/Pages/default.aspx. This registration process allows the RECIPIENT to sign up for direct deposit payments, also known as electronic fund transfers (EFT). If the RECIPIENT has questions about the vendor registration process or setting up direct deposit payments contact DES Payee Help Desk at (360) 407-8180or payeehelpdesk@watech.wa.gov. E. Equipment Purchase: Equipment purchases over $5,000 and not included in the scope of work or the Ecology approved construction plans and specifications, must be pre -approved by ECOLOGY's project manager before purchase. All Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00075 Project Title: Appleway Stormwater Improvements, Farr to University Recipient Name: City of Spokane Valley Page 21 of 43 equipment purchases over $5,000 and not included in a contract for work being completed on the funded project, must also be reported on the Equipment Purchase Report in EAGL. F. Funding Recognition: The RECIPIENT must inform the public about ECOLOGY or any EPA (see Section 3.B for Section 319 funded or Section 5.E for SRF funded projects) funding participation in this project through the use of project signs, acknowledgement in published materials, reports, the news media, websites, or other public announcements. Projects addressing site-specific locations must utilize appropriately sized and weather -resistant signs. Sign logos are available from ECOLOGY's Financial Manager upon request. G. Growth Management Planning: The RECIPIENT certifies by signing this agreement that it is in compliance with the requirements of Chapter 36.70A RCW, "Growth Management Planning by Selected Counties and Cities." If the status of compliance changes, either through RECIPIENT or legislative action, the RECIPIENT shall notify ECOLOGY in writing of this change within 30 days. H. Interlocal: The RECIPIENT certifies by signing this agreement that all negotiated interlocal agreements necessary for the project are, or shall be, consistent with the terms of this agreement and Chapter 39.34 RCW, "Interlocal Cooperation Act." The RECIPIENT shall submit a copy of each interlocal agreement necessary for the project to ECOLOGY upon request. I. Lobbying and Litigation: Costs incurred for the purposes of lobbying or litigation are not eligible for funding under this agreement. J. Post Project Assessment Survey: The RECIPIENT agrees to participate in a brief survey regarding the key project results or water quality project outcomes and the status of long-term environmental results or goals from the project approximately three years after project completion. A representative from ECOLOGY's Water Quality Program may contact the RECIPIENT to request this data. ECOLOGY may also conduct site interviews and inspections, and may otherwise evaluate the project, as part of this assessment. K. Project Status Evaluation: ECOLOGY may evaluate the status of this project 18 months from the effective date of this agreement. ECOLOGY's Project Manager and Financial Manager will meet with the RECIPIENT to review spending trends, completion of outcome measures, and overall project administration and performance. If the RECIPIENT fails to make satisfactory progress toward achieving project outcomes, ECOLOGY may change the scope of work, reduce grant funds, or increase oversight measures. L. Technical Assistance: Technical assistance for agriculture activities provided under the terms of this agreement shall be consistent with the current U.S. Natural Resource Conservation Service ("NRCS") Field Office Technical Guide for Washington State and specific requirements outlined in the Water Quality Funding Guidelines. Technical assistance, proposed practices, or project designs that do not meet these standards may be eligible if approved in writing by ECOLOGY. SECTION 3: THE FOLLOWING CONDITIONS APPLY TO SECTION 319 AND CENTENNIAL CLEAN WATER FUNDED PROJECTS BEING USED TO MATCH SECTION 319 FUNDS. The RECIPIENT must submit the following documents to ECOLOGY before this agreement is signed by ECOLOGY: Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00075 Project Title: Appleway Stormwater Improvements, Farr to University Recipient Name: City of Spokane Valley Page 22 of 43 1. Federal Funding Accountability and Transparency Act (FFATA) Form, available on the Water Quality Program website. 2. "Section 319 Initial Data Reporting" form in EAGL. A. Data Reporting: The RECIPIENT must complete the "Section 319 Initial Data Reporting" form in EAGL before this agreement can be signed by Ecology. This form is used to gather general information about the project for EPA. B. Funding Recognition and Outreach: In addition to Section 2.F of these Terms and Conditions, the RECIPIENT shall provide signage that informs the public that the project is funded by EPA. The signage shall contain the EPA logo and follow usage requirements available at http://www2.epa.gov/stylebook/using-epa-seal-and-logo. To obtain the appropriate EPA logo or seal graphic file, the RECIPIENT may sent a request to their Ecology Financial Manager. To increase public awareness of projects serving communities where English is not the predominant language, RECIPIENTS are encouraged to provide their outreach strategies communication in non-English languages. Translation costs for this purpose are allowable, provided the costs are reasonable. The RECIPIENT shall use the following paragraph in all reports, documents, and signage developed under this agreement: "This project has been funded wholly or in part by the United States Environmental Protection Agency under an assistance agreement to the Washington State Department of Ecology. The contents of this document do not necessarily reflect the views and policies of the Environmental Protection Agency, nor does the mention of trade names or commercial products constitute endorsement or recommendation for use." C. Load Reduction Reporting: The RECIPIENT shall complete the "Section 319 Annual Load Reduction Reporting" form in EAGL by January 15 of each year and at project close-out. ECOLOGY may hold reimbursements until the RECIPIENT has completed the form. This form is used to gather information on best management practices (BMPs) installed and associated pollutant load reductions that were funded as a part of this project. D. Time Extension: The RECIPIENT may request a one-time extension for up to 12 months. However, the time extension cannot exceed the time limitation established in EPA's assistance agreement. In the event a time extension is requested and approved by ECOLOGY, the RECIPIENT must complete all eligible work performed under this agreement by the expiration date. SECTION 4: THE FOLLOWING CONDITIONS APPLY TO SECTION 319 AND STATE REVOLVING FUND (SRF) LOAN FUNDED PROJECTS ONLY. A. Accounting Standards: The RECIPIENT shall maintain accurate records and accounts for the project (PROJECT Records) in accordance with Generally Accepted Accounting Principles (GAAP) as issued by the Governmental Accounting Standards Board (GASB), including standards related to the reporting of infrastructure assets or in accordance with the standards in Chapter 43.09.200 RCW "Local Government Accounting — Uniform System ofAccounting". B. Acquisitions: Section 319 and SRF Equivalency project RECIPIENTs shall comply with the terms and conditions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 84 Stat. 1894 (1970) --Public Law 91-646, as amended by the Surface Transportation and Uniform Relocation Assistance Act, PL 100-17-1987, and applicable Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00075 Project Title: Appleway Stormwater Improvements, Farr to University Recipient Name: City of Spokane Valley regulations and procedures of the federal agency implementing that Act. Page 23 of 43 C. Audit Requirements: In accordance with 2 CFR 200.501(a), the RECIPIENT agrees to obtain a single audit from an independent auditor, if their organization expends $750,000 or more in total Federal funds in their fiscal year. The RECIPIENT must submit the form SF -SAC and a Single Audit Report Package within 9 months of the end of the fiscal year or 30 days after receiving the report from an independent auditor. The SF -SAC and a Single Audit Report Package MUST be submitted using the Federal Audit Clearinghouse's Internet Data Entry System available at: https://harvester.census.gov/fac/collect/ddeindex.html. For complete information on how to accomplish the single audit submission, go to the Federal Audit Clearinghouse Web site: http://harvester.census.gov/fac/. D. Archaeological Resources and Historic Properties (Section 106): The RECIPIENT shall comply with the additional requirements under section 106 of the National Historic Preservation Act (NHPA, 36 CFR 800). E. Data Universal Numbering System (DUNS) and Central Contractor Registration (CCR) Requirements: RECIPIENTs shall have a DUNS number. Unless exempted from this requirement under 2 CFR 25.110, the RECIPIENT must ensure that their organization's information in the System for Award Management (SAM), https://www.sam.gov, is kept current through project closeout. This requires that the RECIPIENT reviews and updates the information at least annually after the initial registration, and more frequently if information changes. F. Disadvantaged Business Enterprise (DBE): General Compliance, 40 CFR, Part 33. The RECIPIENT agrees to comply with the requirements of the Environmental Protection Agency's Program for Utilization of Small, Minority, and Women's Business Enterprises (MBE/WBE) 40CFR, Part 33 in procurement under this agreement. Six Good Faith Efforts, 40 CFR, Part 33, Subpart C. The RECIPIENT agrees to make the following good faith efforts whenever procuring construction, equipment, services, and supplies under this agreement. Records documenting compliance with the following six good faith efforts shall be retained: 1) Ensure Disadvantaged Business Enterprises are made aware of contracting opportunities to the fullest extent practicable through outreach and recruitment activities. For Indian Tribal, State and Local and Government RECIPIENTs, this shall include placing Disadvantaged Business Enterprises on solicitation lists and soliciting them whenever they are potential sources. 2) Make information on forthcoming opportunities available to Disadvantaged Business Enterprises and arrange time frames for contracts and establish delivery schedules, where the requirements permit, in a way that encourages and facilitates participation by Disadvantaged Business Enterprises in the competitive process. This includes, whenever possible, posting solicitations for bids or proposals for a minimum of thirty (30) calendar days before the bid or proposal closing date. 3) Consider, in the contracting process, whether firms competing for large contracts could subcontract with Disadvantaged Business Enterprises. For Indian Tribal, State, and Local Government RECIPIENTs, this shall include dividing total requirements when economically feasible into smaller tasks or quantities to permit maximum participation by Disadvantaged Business Enterprises in the competitive process. 4) Encourage contracting with a consortium of Disadvantaged Business Enterprises when a contract is too large for one of these firms to handle individually. 5) Use services and assistance of the Small Business Administration and the Minority Business Development Agency of the Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00075 Project Title: Appleway Stormwater Improvements, Farr to University Recipient Name: City of Spokane Valley Department of Commerce. 6) If the prime contractor awards subcontracts, require the prime contractor to take the five good faith efforts steps in paragraphs 1 through 5 above. The RECIPIENT agrees to submit ECOLOGY's Contractor Participation Report Form D with each payment request. Contract Administration Provisions, 40 CFR, Section 33.302. The RECIPIENT agrees to comply with the contract administration provisions of 40 CFR, Section 33.302. Page 24 of 43 Non-discrimination Provision. The RECIPIENT shall not discriminate on the basis of race, color, national origin or sex in the performance of this agreement. The RECIPIENT shall carry out applicable requirements of 40 CFR Part 33 in the award and administration of contracts awarded under EPA financial assistance agreements. Failure by the RECIPIENT to carry out these requirements is a material breach of this agreement which may result in the termination of this contract or other legally available remedies. This does not preclude the RECIPIENT from enacting broader nondiscrimination protections. The RECIPIENT shall comply with all federal and state nondiscrimination laws, including but not limited to, Title VI and VII of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title IX of the Education Amendments of 1972, the Age Discrimination Act of 1975, and Chapter 49.60 RCW, Washington's Law Against Discrimination, and 42 U.S.C. 12101 et seq, the Americans with Disabilities Act (ADA). In the event of the RECIPIENT's noncompliance or refusal to comply with any applicable nondiscrimination law, regulation, or policy, this agreement may be rescinded, canceled, or terminated in whole or in part and the RECIPIENT may be declared ineligible for further funding from ECOLOGY. The RECIPIENT shall, however, be given a reasonable time in which to cure this noncompliance. The RECIPIENT shall include the following terms and conditions in contracts with all contractors, subcontractors, engineers, vendors, and any other entity for work or services pertaining to this agreement. "The Contractor will not discriminate on the basis of race, color, national origin or sex in the performance of this Contract. The Contractor will carry out applicable requirements of 40 CFR Part 33 in the award and administration of contracts awarded under Environmental Protection Agency financial agreements. Failure by the Contractor to carry out these requirements is a material breach of this Contract which may result in termination of this Contract or other legally available remedies." Bidder List, 40 CFR, Section 33.501(b) and (c). The RECIPIENT agrees to create and maintain a bidders list. The bidders list shall include the following information for all firms that bid or quote on prime contracts, or bid or quote subcontracts, including both MBE/WBEs and non-MBE/WBEs. 1. Entity's name with point of contact 2. Entity's mailing address, telephone number, and e-mail address 3. The procurement on which the entity bid or quoted, and when 4. Entity's status as an MBE/WBE or non-MBE/WBE Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00075 Project Title: Appleway Stormwater Improvements, Farr to University Recipient Name: City of Spokane Valley Page 25 of 43 G. Electronic and information Technology (EIT) Accessibility: RECIPIENTs shall ensure that loan funds provided under this agreement for costs in the development or purchase of EIT systems or products provide individuals with disabilities reasonable accommodations and an equal and effective opportunity to benefit from or participate in a program, including those offered through electronic and information technology as per Section 504 of the Rehabilitation Act, codified in 40 CFR Part 7. Systems or products funded under this agreement must be designed to meet the diverse needs of users without barriers or diminished function or quality. Systems shall include usability features or functions that accommodate the needs of persons with disabilities, including those who use assistive technology. H. Hotel -Motel Fire Safety Act: The RECIPIENT shall ensure that all space for conferences, meetings, conventions or training seminars funded in whole or in part with federal funds complies with the protection and control guidelines of the Hotel and Motel Fire Safety Act (15 USC 2225a, PL 101-391, as amended). Recipients may search the Hotel -Motel National Master List at http://www.usfa.dhs.gov/applications/hotel/ to see if a property is in compliance, or to find other information about the Act. Pursuant to 15 USC 2225a. I. Trafficking In Persons: The RECIPIENT and RECIPIENT employees that are private entities shall not engage in forms of trafficking in persons during the period of time this agreement is effective. This includes, but is not limited to, the procurement of a commercial sex act or forced labor. The RECIPIENT shall notify ECOLOGY immediately of any information received from any source alleging a violation under this provision. SECTION 5: THE FOLLOWING CONDITIONS APPLY TO STATE REVOLVING FUND (SRF) LOAN FUNDED PROJECTS ONLY. The RECIPIENT must submit the following documents/forms to ECOLOGY before this agreement is signed by ECOLOGY: 1. Financial Capability Assessment Documentation 2. Opinion of RECIPIENT'S Legal Council 3. Authorizing Ordinance or Resolution 4. Federal Funding Accountability and Transparency Act (FFATA) Form 5. CWSRF Federal Reporting Information form available in EAGL 6. Fiscal Sustainability Plan Certification Form (only required if the project includes construction of a wastewater or stormwater facility construction) 7. Cost and Effectiveness Analysis Certification Form A. Alteration and Eligibility of Project: During the term of this agreement, the RECIPIENT (1) shall not materially alter the design or structural character of the project without the prior written approval of ECOLOGY and (2) shall take no action which would adversely affect the eligibility of the project as defined by applicable funding program rules and state statutes, or which would cause a violation of any covenant, condition, or provision herein. B. American Iron and Steel (Buy American): This loan provision applies to projects for the construction, alteration, maintenance, or repair of a "treatment works" as defined in the Federal Water Pollution Control Act (33 USC 1381 et seq.) The RECIPIENT shall ensure that all iron and steel products used in the project are produced in the United States. Iron and Steel products means the following products made primarily of iron or steel: lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00075 Project Title: Appleway Stormwater Improvements, Farr to University Recipient Name: City of Spokane Valley Page 26 of 43 concrete, and construction materials. The RECIPIENT may request waiver from this requirement from the Administrator of the Environmental Protection Agency. The RECIPIENT must coordinate all waiver requests through ECOLOGY. This provision does not apply if the engineering plans and specifications for the project were approved by ECOLOGY prior to January 17, 2014. ECOLOGY reserves the right to request documentation of RECIPIENT'S compliance with this provision. C. Authority of RECIPIENT: This agreement is authorized by the Constitution and laws of the state of Washington, including the RECIPIENT's authority, and by the RECIPIENT pursuant to the authorizing ordinance or resolution. The RECIPIENT shall submit a copy of the authorizing ordinance or resolution to the ECOLOGY Financial Manager before this agreement shall be signed by ECOLOGY. D. Equivalency Projects: (For designated equivalency projects only) 1. The RECIPIENT must procure architectural and engineering services in accordance with the federal requirements in Chapter 11 of Title 40, U.S.C. (see www.gpo.gov/fdsys/pkg/USCODE-2011-title40/pdf/USCODE-2011-title40-subtitlel-chap l l .pdf). E. Fiscal Sustainability Plan Certification: The RECIPIENT shall submit a completed Fiscal Sustainability Plan Certification before this agreement is signed by ECOLOGY. The Fiscal Sustainability Plan Certification is available from the ECOLOGY Financial Manager or on the Water Quality Program website. F. Funding Recognition and Outreach: In addition to Section 2.F of these Terms and Conditions, the RECIPIENT agrees to comply with the EPA SRF Signage Guidance in order to enhance public awareness of EPA assistance agreements nationwide. The signage guidance can be found at: http://www.ecy.wa.gov/programs/wq/funding/FundPrgm s/C W SRF/SignageGuidanceJune2015.pdf. G. Insurance: The RECIPIENT shall at all times carry fire and extended insurance coverage, public liability, and property damage, and such other forms of insurance with responsible insurers and policies payable to the RECIPIENT on such of the buildings, equipment, works, plants, facilities, and properties of the Utility as are ordinarily carried by municipal or privately -owned utilities engaged in the operation of like systems, and against such claims for damages as are ordinarily carried by municipal or privately -owned utilities engaged in the operation of like systems, or it shall self -insure or participate in an insurance pool or pools with reserves adequate, in the reasonable judgment of the RECIPIENT, to protect it against loss. H. Litigation Authority: No litigation is now pending, or to the RECIPIENT's knowledge, threatened, seeking to restrain, or enjoin: (i) the execution of this agreement; or (ii) the fixing or collection of the revenues, rates, and charges or the formation of the ULID and the levy and collection of ULID Assessments therein pledged to pay the principal of and interest on the loan (for revenue secured lien obligations); or (iii) the levy and collection of the taxes pledged to pay the principal of and interest on the loan (for general obligation -secured loans and general obligation payable from special -assessment -secured loans); or (iv) in any manner questioning the proceedings and authority under which the agreement, the loan, or the project are Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00075 Project Title: Appleway Stormwater Improvements, Farr to University Recipient Name: City of Spokane Valley Page 27 of 43 authorized. Neither the corporate existence, or boundaries of the RECIPIENT nor the title of its present officers to their respective offices is being contested. No authority or proceeding for the execution of this agreement has been repealed, revoked, or rescinded. I. Loan Interest Rate and Terms: This loan agreement shall remain in effect until the date of final repayment of the loan, unless terminated earlier according to the provisions herein. When the Project Completion Date has occurred, ECOLOGY and the RECIPIENT shall execute an amendment to this loan agreement which details the final loan amount (Final Loan Amount), and ECOLOGY shall prepare a final loan repayment schedule. The Final Loan Amount shall be the combined total of actual disbursements made on the loan and all accrued interest to the computation date. The Estimated Loan Amount and the Final Loan Amount (in either case, as applicable, a "Loan Amount") shall bear interest based on the interest rate identified in this agreement as the "Effective Interest Rate," per annum, calculated on the basis of a 365 day year. Interest on the Estimated Loan Amount shall accrue from and be compounded monthly based on the date that each payment is mailed to the RECIPIENT. The Final Loan Amount shall be repaid in equal installments, semiannually, over the term of this loan "Loan Term" as outlined in this agreement. J. Loan Repayment: Sources of Loan Repayment 1. Nature of RECIPIENT's Obligation. The obligation of the RECIPIENT to repay the loan from the sources identified below and to perform and observe all other agreements and obligations on its part, contained herein, shall be absolute and unconditional, and shall not be subject to diminution by setoff, counterclaim, or abatement of any kind. To secure the repayment of the loan from ECOLOGY, the RECIPIENT agrees to comply with all of the covenants, agreements, and attachments contained herein. 2. For General Obligation. This loan is a General Obligation Debt of the RECIPIENT. 3. For General Obligation Payable from Special Assessments. This loan is a General Obligation Debt of the RECIPIENT payable from special assessments to be imposed within the constitutional and statutory tax limitations provided by law without a vote of the electors of the RECIPIENT on all of the taxable property within the boundaries of the RECIPIENT. 4. For Revenue -Secured: Lien Position. This loan is a Revenue -Secured Debt of the RECIPIENT's Utility. This loan shall constitute a lien and charge upon the Net Revenue junior and subordinate to the lien and charge upon such Net Revenue of any Senior Lien Obligations. In addition, if this loan is also secured by Utility Local Improvement Districts (ULID) Assessments, this loan shall constitute a lien upon ULID Assessments in the ULID prior and superior to any other charges whatsoever. 5. Other Sources of Repayment. The RECIPIENT may repay any portion of the loan from any funds legally available to it. 6. Defeasance of the Loan. So long as ECOLOGY shall hold this loan, the RECIPIENT shall not be entitled to, and shall not affect, an economic Defeasance of the loan. The RECIPIENT shall not advance refund the loan. Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00075 Project Title: Appleway Stormwater Improvements, Farr to University Recipient Name: City of Spokane Valley Page 28 of 43 If the RECIPIENT defeases or advance refunds the loan, it shall be required to use the proceeds thereof immediately upon their receipt, together with other available RECIPIENT funds, to repay both of the following: (i) The Loan Amount with interest (ii) Any other obligations of the RECIPIENT to ECOLOGY under this agreement, unless in its sole discretion ECOLOGY finds that repayment from those additional sources would not be in the public interest. Failure to repay the Loan Amount plus interest within the time specified in ECOLOGY's notice to make such repayment shall incur Late Charges and shall be treated as a Loan Default. 7. Refinancing or Early Repayment of the Project. So long as ECOLOGY shall hold this loan, the RECIPIENT shall give ECOLOGY thirty days written notice if the RECIPIENT intends to refinance or make early repayment of the loan. Method and Conditions on Repayments 1. Semiannual Payments. Notwithstanding any other provision of this agreement, the first semiannual payment of principal and interest on this loan shall be due and payable no later than one year after the project completion date or initiation of operation date, whichever comes first. Thereafter, equal payments shall be due every six months. If the due date for any semiannual payment falls on a Saturday, Sunday, or designated holiday for Washington State agencies, the payment shall be due on the next business day for Washington State agencies. Payments shall be mailed to: Department of Ecology Cashiering Unit P.O. Box 47611 Olympia WA 98504-7611 In lieu of mailing payments, electronic fund transfers can be arranged by working with ECOLOGY's Financial Manager. No change to the amount of the semiannual principal and interest payments shall be made without a mutually signed amendment to this agreement. The RECIPIENT shall continue to make semiannual payments based on this agreement until the amendment is effective, at which time the RECIPIENT's payments shall be made pursuant to the amended agreement. 2. Late Charges. If any amount of the Final Loan Amount or any other amount owed to ECOLOGY pursuant to this agreement remains unpaid after it becomes due and payable, ECOLOGY may assess a late charge. The late charge shall be one percent per month on the past due amount starting on the date the debt becomes past due and until it is paid in full. 3. Repayment Limitations. Repayment of the loan is subject to the following additional limitations, among others: those on defeasance, refinancing and advance refunding, termination, and default and recovery of payments. Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00075 Project Title: Appleway Stormwater Improvements, Farr to University Recipient Name: City of Spokane Valley Page 29 of 43 4. Prepayment of Loan. So long as ECOLOGY shall hold this loan, the RECIPIENT may prepay the entire unpaid principal balance of and accrued interest on the loan or any portion of the remaining unpaid principal balance of the Loan Amount. Any prepayments on the loan shall be applied first to any accrued interest due and then to the outstanding principal balance of the Loan Amount. If the RECIPIENT elects to prepay the entire remaining unpaid balance and accrued interest, the RECIPIENT shall first contact ECOLOGY's Revenue/Receivable Manager of the Fiscal Office. K. Loan Security Due Regard: For loans secured with a Revenue Obligation: The RECIPIENT shall exercise due regard for Maintenance and Operation Expense and the debt service requirements of the Senior Lien Obligations and any other outstanding obligations pledging the Gross Revenue of the Utility, and it has not obligated itself to set aside and pay into the loan Fund a greater amount of the Gross Revenue of the Utility than, in its judgment, shall be available over and above such Maintenance and Operation Expense and those debt service requirements. Where collecting adequate gross utility revenue requires connecting additional users, the RECIPIENT shall require the sewer system connections necessary to meet debt obligations and expected operation and maintenance expenses. Levy and Collection of Taxes (if used to secure the repayment of the loan): For so long as the loan is outstanding, the RECIPIENT irrevocably pledges to include in its budget and levy taxes annually within the constitutional and statutory tax limitations provided by law without a vote of its electors on all of the taxable property within the boundaries of the RECIPIENT in an amount sufficient, together with other money legally available and to be used therefore, to pay when due the principal of and interest on the loan, and the full faith, credit and resources of the RECIPIENT are pledged irrevocably for the annual levy and collection of those taxes and the prompt payment of that principal and interest. Not an Excess Indebtedness: For loans secured with a general obligation pledge or a general obligation pledge on special assessments: The RECIPIENT agrees that this agreement and the loan to be made do not create an indebtedness of the RECIPIENT in excess of any constitutional or statutory limitations. Pledge of Net Revenue and ULID Assessments in the ULID (if used to secure the repayment of this loan): For so long as the loan is outstanding, the RECIPIENT irrevocably pledges the Net Revenue of the Utility, including applicable ULID Assessments in the ULID, to pay when due the principal of and interest on the loan. Utility Local Improvement District (ULID) Assessment Collection (if used to secure the repayment of the loan): All ULID Assessments in the ULID shall be paid into the Loan Fund and used to pay the principal of and interest on the loan. L. Maintenance and Operation of a Funded Utility: The RECIPIENT shall, at all times, maintain and keep the funded Utility in good repair, working order, and condition. M. Opinion of RECIPIENT'S Legal Counsel: The RECIPIENT must submit an "Opinion of Legal Counsel to the RECIPIENT" to ECOLOGY before this agreement will be signed. ECOLOGY will provide the form. N. Prevailing Wage (Davis -Bacon Act): The RECIPIENT agrees, by signing this agreement, to comply with the Davis -Bacon Act prevailing wage requirements. This applies to the construction, alteration, and repair of treatment works carried out, in whole or in part, with assistance made available by the State Revolving Fund as authorized by Section 513, title VI of the Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00075 Project Title: Appleway Stormwater Improvements, Farr to University Recipient Name: City of Spokane Valley Page 30 of 43 Federal Water Pollution Control Act (33 U.S.C. 1372). Laborers and mechanics employed by contractors and subcontractors shall be paid wages not less often than once a week and at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor. The RECIPIENT shall obtain the wage determination for the area in which the project is located prior to issuing requests for bids, proposals, quotes or other methods for soliciting contracts (solicitation). These wage determinations shall be incorporated into solicitations and any subsequent contracts. The RECIPIENT shall ensure that the required EPA contract language regarding Davis -Bacon Wages is in all contracts and sub contracts in excess of $2,000. The RECIPIENT shall maintain records sufficient to document compliance with the Davis -Bacon Act, and make such records available for review upon request. The RECIPIENT also agrees, by signing this agreement, to comply with State Prevailing Wages on Public Works, Chapter 39.12 RCW, as applicable. Compliance may include the determination whether the project involves "public work" and inclusion of the applicable prevailing wage rates in the bid specifications and contracts. The RECIPIENT agrees to maintain records sufficient to evidence compliance with Chapter 39.12 RCW, and make such records available for review upon request. O. Progress Reports: RECIPIENTS funded with State Revolving Fund Loan or Forgivable Principal shall include the following verification statement in the "General Comments" text box of each progress report. "We verify that we are in compliance with all the requirements as outlined in our funding agreement(s) with the Department of Ecology. This includes but is not limited to: - The Davis -Bacon Act, 29 CFR (If applicable) - Washington State Prevailing Wage Rate, Chapter 39.12 RCW (Pertaining to all recipients) - The Disadvantaged Business Enterprise (DBE), 40 CFR, Part 33" P. Representations and Warranties: The RECIPIENT represents and warrants to ECOLOGY as follows: Application: Material Information. All information and materials submitted by the RECIPIENT to ECOLOGY in connection with its loan application were, when made, and are, as of the date the RECIPIENT signs this agreement, true and correct. There is no material adverse information relating to the RECIPIENT, the project, the loan, or this agreement known to the RECIPIENT, which has not been disclosed in writing to ECOLOGY. Existence; Authority. It is a duly formed and legally existing municipal corporation or political subdivision of the state of Washington or a federally recognized Indian Tribe. It has full corporate power and authority to execute, deliver, and perform all of its obligations under this agreement and to undertake the project identified herein. Certification. Each payment request shall constitute a certification by the RECIPIENT to the effect that all representations and warranties made in this loan agreement remain true as of the date of the request and that no adverse developments, affecting the financial condition of the RECIPIENT or its ability to complete the project or to repay the principal of or interest on the loan, have occurred since the date of this loan agreement. Any changes in the RECIPIENT's financial condition shall be disclosed in writing to ECOLOGY by the RECIPIENT in its request for payment. Q. Sale or Disposition of Funded Utility: The RECIPIENT shall not sell, transfer, or otherwise dispose of any of the works, Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00075 Project Title: Appleway Stormwater Improvements, Farr to University Recipient Name: City of Spokane Valley Page 31 of 43 plant, properties, facilities, or other part of the funded Utility or any real or personal property comprising a part of the funded Utility unless: 1. The facilities or property transferred are not material to the operation of the funded Utility, or have become unserviceable, inadequate, obsolete, or unfit to be used in the operation of the funded Utility or are no longer necessary, material, or useful to the operation of the funded Utility; or 2. The aggregate depreciated cost value of the facilities or property being transferred in any fiscal year comprises no more than three percent of the total assets of the funded Utility; or 3. The RECIPIENT receives from the transferee an amount equal to an amount which will be in the same proportion to the net amount of Senior Lien Obligations and this LOAN then outstanding (defined as the total amount outstanding less the amount of cash and investments in the bond and loan funds securing such debt) as the Gross Revenue of the funded Utility from the portion of the funded Utility sold or disposed of for the preceding year bears to the total Gross Revenue for that period. 4. Expressed written agreement by the DEPARTMENT. The proceeds of any transfer under this paragraph must be used (1) to redeem promptly, or irrevocably set aside for the redemption of, Senior Lien Obligations and to redeem promptly the loan, and (2) to provide for part of the cost of additions to and betterments and extensions of the Utility. R. Sewer -Use Ordinance or Resolution for Funded Wastewater Facility Projects: If not already in existence, the RECIPIENT shall adopt and shall enforce a sewer -use ordinance or resolution. Such ordinance or resolution shall be submitted to ECOLOGY upon request. The sewer use ordinance must include provisions to: 1) Prohibit the introduction of toxic or hazardous wastes into the RECIPIENT's sewer system. 2) Prohibit inflow of stormwater into separated sewer systems. 3) Require that new sewers and connections be properly designed and constructed. S. Termination and Default: Termination and Default Events 1. For Insufficient ECOLOGY or RECIPIENT Funds. ECOLOGY may terminate this loan agreement for insufficient ECOLOGY or RECIPIENT funds. 2. For Failure to Commence Work. ECOLOGY may terminate this loan agreement for failure of the RECIPIENT to commence project work. 3. Past Due Payments. The RECIPIENT shall be in default of its obligations under this loan agreement when any loan repayment becomes 60 days past due. Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00075 Project Title: Appleway Stormwater Improvements, Farr to University Recipient Name: City of Spokane Valley Page 32 of 43 4. Other Cause. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance in full by the RECIPIENT of all of its obligations under this loan agreement. The RECIPIENT shall be in default of its obligations under this loan agreement if, in the opinion of ECOLOGY, the RECIPIENT has unjustifiably failed to perform any obligation required of it by this loan agreement. Procedures for Termination. If this loan agreement is terminated prior to project completion, ECOLOGY shall provide to the RECIPIENT a written notice of termination at least five working days prior to the effective date of termination (the "Termination Date"). The written notice of termination by the ECOLOGY shall specify the Termination Date and, when applicable, the date by which the RECIPIENT must repay any outstanding balance of the loan and all accrued interest (the "Termination Payment Date"). Termination and Default Remedies No Further Payments. On and after the Termination Date, or in the event of a default event, ECOLOGY may, at its sole discretion, withdraw the loan and make no further payments under this agreement. Repayment Demand. In response to an ECOLOGY initiated termination event, or in response to a loan default event, ECOLOGY may at its sole discretion demand that the RECIPIENT repay the outstanding balance of the Loan Amount and all accrued interest. Interest after Repayment Demand. From the time that ECOLOGY demands repayment of funds, amounts owed by the RECIPIENT to ECOLOGY shall accrue additional interest at the rate of one percent per month, or fraction thereof. Accelerate Repayments. In the event of a default, ECOLOGY may, in its sole discretion, declare the principal of and interest on the loan immediately due and payable, subject to the prior lien and charge of any outstanding Senior Lien Obligation upon the Net Revenue. That is, the loan is not subject to acceleration so long as any Senior Lien Obligations are outstanding. Repayments not made immediately upon such acceleration will incur Late Charges. Late Charges. All amounts due to ECOLOGY and not paid by the RECIPIENT by the Termination Payment Date or after acceleration following a default event, as applicable, shall incur late charges. Intercept State Funds. In the event of a default event and in accordance with Chapter 90.50A.060 RCW, "Defaults," any state funds otherwise due to the RECIPIENT may, at ECOLOGY's sole discretion, be withheld and applied to the repayment of the loan. Property to ECOLOGY. In the event of a default event and at the option of ECOLOGY, any personal property (equipment) acquired under this agreement may, in ECOLOGY's sole discretion, become ECOLOGY's property. In that circumstance, ECOLOGY shall reduce the RECIPIENT's liability to repay money by an amount reflecting the fair value of such property. Documents and Materials. If this agreement is terminated, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, and reports or other materials prepared by the RECIPIENT shall, at the option of ECOLOGY, become ECOLOGY property. The RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00075 Project Title: Appleway Stormwater Improvements, Farr to University Recipient Name: City of Spokane Valley Page 33 of 43 Collection and Enforcement Actions. In the event of a default event, the state of Washington reserves the right to take any actions it deems necessary to collect the amounts due, or to become due, or to enforce the performance and observance of any obligation by the RECIPIENT, under this agreement. Fees and Expenses. In any action to enforce the provisions of this agreement, reasonable fees and expenses of attorneys and other reasonable expenses (including, without limitation, the reasonably allocated costs of legal staff) shall be awarded to the prevailing party as that term is defined in Chapter 4.84.330 RCW. Damages. Notwithstanding ECOLOGY's exercise of any or all of the termination or default remedies provided in this agreement, the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY and/or 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. T. User -Charge System for Funded Utilities: The RECIPIENT certifies that it has the legal authority to establish and implement a user -charge system and shall adopt a system of user -charges to assure that each user of the funded utility shall pay its proportionate share of the cost of operation and maintenance, including replacement during the design life of the project. The user -charge system will include provisions for a connection charge. In addition, the RECIPIENT shall regularly evaluate the user -charge system, at least annually, to ensure the system provides adequate revenues necessary to operate and maintain the funded utility, to establish reserves to pay for replacement, and to repay the loan. GENERAL FEDERAL CONDITIONS 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. A. CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY EXCLUSION: 1. The RECIPIENT/CONTRACTOR, by signing this agreement, certifies that it is not suspended, debarred, proposed for debarment, declared ineligible or otherwise excluded from contracting with the federal government, or from receiving contracts paid for with federal funds. If the RECIPIENT/CONTRACTOR is unable to certify to the statements contained in the certification, they must provide an explanation as to why they cannot. 2. The RECIPIENT/CONTRACTOR shall provide immediate written notice to ECOLOGY if at any time the RECIPIENT/CONTRACTOR learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances. 3. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact ECOLOGY for assistance in obtaining a copy of those regulations. 4. The RECIPIENT/CONTRACTOR agrees it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under the applicable Code of Federal Regulations, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction. 5. The RECIPIENT/CONTRACTOR further agrees by signing this agreement, that it will include this clause titled "CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00075 Project Title: Appleway Stormwater Improvements, Farr to University Recipient Name: City of Spokane Valley Page 34 of 43 EXCLUSION" without modification in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 6. Pursuant to 2CFR180.330, the RECIPIENT/CONTRACTOR is responsible for ensuring that any lower tier covered transaction complies with certification of suspension and debarment requirements. 7. RECIPIENT/CONTRACTOR acknowledges that failing to disclose the information required in the Code of Federal Regulations may result in the delay or negation of this funding agreement, or pursuance of legal remedies, including suspension and debarment. 8. RECIPIENT/CONTRACTOR agrees to keep proof in its agreement file, that it, and all lower tier recipients or contractors, are not suspended or debarred, and will make this proof available to 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. B. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) REPORTING REQUIREMENTS: CONTRACTOR/RECIPIENT must complete the FFATA Data Collection Form (ECY 070-395) and return it with the signed agreement to ECOLOGY. Any CONTRACTOR/RECIPIENT that meets each of the criteria below must report compensation for its five tc executives using the FFATA Data Collection Form. • Receives more than $25,000 in federal funds under this award. • Receives more than 80 percent of its annual gross revenues from federal funds. • Receives more than $25,000,000 in annual federal funds. Ecology will not pay any invoices 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, at www.fsrs.gov <http://www.fsrs.gov/> within 30 days of agreement signature. The FFATA information will be available to the public at www.usaspending.gov <http://www.usaspending.gov/>. For more details on FFATA requirements, see www.fsrs.gov <http://www.fsrs.gov/>. Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00075 Project Title: Appleway Stormwater Improvements, Farr to University Recipient Name: City of Spokane Valley GENERAL TERMS AND CONDITIONS Pertaining to Grant and Loan Agreements With the state of Washington, Department of Ecology GENERAL TERMS AND CONDITIONS AS OF LAST UPDATED 1/22/2018 VERSION Page 35 of 43 1. 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/ 1701004.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 the 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 and historic resources. The RECIPIENT must agree to hold harmless the State of Washington in relation to any claim related to historical or cultural artifacts discovered, disturbed, or damaged due to the RECIPIENT's project funded under this Agreement. RECIPIENT shall: a) Contact the ECOLOGY Program issuing the grant or loan to discuss any Cultural Resources requirements for their project : • For capital construction projects or land acquisitions for capital construction projects, if required, comply with Governor Executive Order 05-05, Archaeology and Cultural Resources. • For projects with any federal involvement, if required, comply with the National Historic Preservation Act. • Any cultural resources federal or state requirements must be completed prior to the start of any work on the project site. b) If required by the ECOLOGY Program, submit an Inadvertent Discovery Plan (IDP) to ECOLOGY prior to implementing any project that involves ground disturbing activities. ECOLOGY will provide the IDP form. RECIPIENT shall: • Keep the IDP at the project site. • Make the IDP readily available to anyone working at the project site. • Discuss the IDP with staff and contractors working at the project site. • Implement the IDP when cultural resources or human remains are found at the project site. c) If any archeological or historic resources are found while conducting work under this Agreement: • Immediately stop work and notify the ECOLOGY Program, the Department of Archaeology and Historic Preservation at (360) 586-3064, any affected Tribe, and the local government. d) If any human remains are found while conducting work under this Agreement: Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00075 Project Title: Appleway Stormwater Improvements, Farr to University Recipient Name: City of Spokane Valley Page 36 of 43 • Immediately stop work and notify the local Law Enforcement Agency or Medical Examiner/Coroner's Office, and then the ECOLOGY Program. e) Comply with RCW 27.53, RCW 27.44.055, and RCW 68.50.645, and all other applicable local, state, and federal laws protecting cultural resources and human remains. 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. 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 require approval by ECOLOGY prior to expenditure. 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. f) ECOLOGY will pay the RECIPIENT thirty (30) days after receipt of a properly completed request for payment. g) RECIPIENT will receive payment through Washington State 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@watech.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) RECIPIENT must submit within thirty (30) days after the expiration date of this Agreement, all financial, performance, and other reports required by 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) RECIPIENT agrees to comply with all applicable laws, regulations, and policies of the United States and the State of Washington which affect wages and job safety. b) RECIPIENT agrees to be bound by all applicable 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 timeline for the permit and approval processes. Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00075 Project Title: Appleway Stormwater Improvements, Farr to University Recipient Name: City of Spokane Valley Page 37of43 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 RECIPIENT 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, if required 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. 10. 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 (10) business days, unless more time is needed, after concluding the review. 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. 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 of a dispute, the RECIPIENT agrees to proceed diligently with the performance of this Agreement and in accordance with the decision rendered. Nothing in this Agreement will be construed to limit the parties' choice of another mutually acceptable method, in addition to the dispute resolution procedure outlined above. 11. ENVIRONMENTAL DATA STANDARDS a) RECIPIENT shall prepare a Quality Assurance Project Plan (QAPP) for a project that collects or uses environmental Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00075 Project Title: Appleway Stormwater Improvements, Farr to University Recipient Name: City of Spokane Valley Page 38 of 43 measurement data. RECIPIENTS unsure about whether a QAPP is required for their project shall contact the ECOLOGY Program issuing the grant or loan. If a QAPP is required, the RECIPIENT shall: • Use ECOLOGY's QAPP Template/Checklist provided by the ECOLOGY, unless ECOLOGY Quality Assurance (QA) officer or the Program QA coordinator instructs otherwise. • Follow ECOLOGY's Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies, July 2004 (Ecology Publication No. 04-03-030). • Submit the QAPP to ECOLOGY for review and approval before the start of the work. b) RECIPIENT shall submit environmental data that was collected on a project to ECOLOGY using the Environmental Information Management system (EIM), unless the ECOLOGY Program instructs otherwise. The RECIPIENT must confirm with ECOLOGY that complete and correct data was successfully loaded into EIM, find instructions at: http://www.ecy.wa.gov/eim. c) RECIPIENT shall follow ECOLOGY's data standards when Geographic Information System (GIS) data is collected and processed. Guidelines for Creating and Accessing GIS Data are available at: https://ecology.wa.gov/Research-Data/Data-resources/Geographic-Information-Systems-GIS/Standards. RECIPIENT, when requested by ECOLOGY, shall provide copies to ECOLOGY of all final GIS data layers, imagery, related tables, raw data collection files, map products, and all metadata and project documentation. 12. GOVERNING 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 of Thurston 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 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: a) Include qualified minority and women's businesses on solicitation lists whenever they are potential sources of goods or services. Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00075 Project Title: Appleway Stormwater Improvements, Farr to University Recipient Name: City of Spokane Valley Page 39 of 43 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 permit, 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 of the 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) The Agreement; (c) Scope of Work; (d) Special Terms and Conditions; (e) Any provisions or terms incorporated herein by reference, including the "Administrative Requirements for Recipients of Ecology Grants and Loans"; and (f) the General Terms and Conditions. 18. PRESENTATION AND PROMOTIONAL MATERIALS ECOLOGY reserves the right to approve RECIPIENT 's communication documents and materials related to the fulfillment of this Agreement: a) If requested, RECIPIENT shall provide a draft copy to ECOLOGY for review and approval ten (10) business days prior to production and distribution. b) RECIPIENT shall include time for ECOLOGY's review and approval process in their project timeline. c) If requested, RECIPIENT shall 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 with a message, such as a refrigerator magnet, and any online communications, such as web pages, blogs, and twitter campaigns. If it is not practical to provide a copy, then the RECIPIENT shall provide a description (photographs, drawings, printouts, etc.) that best represents the item. Any communications intended for public distribution that uses ECOLOGY's logo shall comply with ECOLOGY's graphic requirements and any additional requirements specified in this Agreement. Before the use of ECOLOGY'S logo contact ECOLOGY for guidelines. RECIPIENT shall acknowledge in the communications 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 1 through March 31, April 1 through June 30, July 1 through September 30, and October 1 through December 31. Reports shall be submitted within thirty (30) days after the end of the quarter being reported. e) RECIPIENT must submit within thirty (30) days of the expiration date of the project, unless an extension has been approved by ECOLOGY, all financial, performance, and other reports required by the agreement and funding program guidelines. 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 Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00075 Project Title: Appleway Stormwater Improvements, Farr to University Recipient Name: City of Spokane Valley Page 40 of 43 under this Agreement, 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. c) 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. 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, or 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. If 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. f) Acquisition Projects. The following provisions shall apply if the project covered by this Agreement includes funds for the acquisition of land or facilities: 1. RECIPIENT shall establish that the cost is fair value and reasonable prior to disbursement of funds provided for in this Agreement. 2. 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. 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. Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00075 Project Title: Appleway Stormwater Improvements, Farr to University Recipient Name: City of Spokane Valley Page 41 of 43 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. SEVERABILITY If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, and to this end the provisions of this Agreement are declared to be severable. 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 43.21C RCW and Chapter 197-11 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 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 100% post -consumer recycled paper. For more suggestions visit ECOLOGY's web page: Green Purchasing, , http s: //ecology.wa. gov/Regulations-Permits/Guidance-technical-assistance/Sustain able -purchasing. 27. TERMINATION a) For Cause Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00075 Project Title: Appleway Stormwater Improvements, Farr to University Recipient Name: City of Spokane Valley Page 42 of 43 ECOLOGY may terminate 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 terminated, the parties shall be liable only for performance 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 -Performance. 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, except as noted below. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms 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 from 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 terminate 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 with no notification or restrictions, although ECOLOGY will make a reasonable attempt to provide notice. In the event of termination or suspension, ECOLOGY will reimburse eligible costs incurred by the recipient/contractor through the effective date of termination or suspension. Reimbursed costs must be agreed to by ECOLOGY and the recipient/contractor. In no event shall ECOLOGY's reimbursement exceed ECOLOGY's total responsibility under the agreement and any amendments. If payments have been discontinued by ECOLOGY due to unavailable funds, the RECIPIENT shall not be obligated to repay 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 RECIPIENT's governing body. c) By Mutual Agreement ECOLOGY and 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 Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00075 Project Title: Appleway Stormwater Improvements, Farr to University Recipient Name: City of Spokane Valley Page 43 of 43 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 default 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. Version 10/30/2015 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: May 21, 2019 Department Director Approval: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ® admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Administrative report — Travel insurance for Councilmembers. GOVERNING LEGISLATION: Resolution 18-011 — Governance Manual, Chapter 2, §E(1)(c). PREVIOUS COUNCIL ACTION TAKEN: December 18, 2018, Council adoption of Resolution 18- 011, Governance Manual. BACKGROUND: In late 2018, the Council adopted an updated and revised Governance Manual, including provisions relating to allowable travel expenses for Councilmembers. It lists "airline or other trip insurance" under subsection (c) as non -reimbursable or prohibited. As we have recently experienced, there are trips where obtaining trip insurance for Councilmembers is advisable. As such, staff is recommending that Council consider amending the language in the Governance Manual in a two-phase approach. There are no other items for consideration regarding changes to the Governance Manual at this time. Rather than take one proposed change through the entire Manual amendment process now, Council could adopt by motion the language to permit acquisition of trip insurance when appropriate, which would be determined by the City Manager. The proposed language would be as follows: "Airline or other trip insurance is discouraged, but may be permitted when circumstances give rise to a belief that expensive travel plans may need to be altered. The determination of whether to purchase travel insurance shall be made by the City Manager." If this approach is acceptable, staff will bring a motion back to Council for the immediate implementation of this language, and then place this item on a list of proposed changes to make to the Governance Manual next time the Council considers changes to it. OPTIONS: (1) Consensus to place on a future agenda for motion consideration; or (2) take other action as appropriate. RECOMMENDED ACTION OR MOTION: Consensus to place on a future agenda for motion consideration. BUDGET/FINANCIAL IMPACTS: Unknown amounts to occasionally purchase trip insurance. STAFF CONTACT: Cary Driskell, City Attorney ATTACHMENTS: None To: From: Re: DRAFT ADVANCE AGENDA as of May 15, 2019; 9:00 a.m. Please note this is a work in progress; items are tentative Council & Staff City Clerk, by direction of City Manager Draft Schedule for Upcoming Council Meetings Mav 28, 2019, Formal Meeting Format, 6:00 p.m. PUBLIC HEARING: 2019 Budget Amendment 1. First Reading Ordinance 19-006, 2nd amendment to 2019 Budget — Chelsie Taylor 2. Consent Agenda (claims, payroll, minutes) 3. Second Reading Ordinance 19-004, Comp Plan Amendments — Lori Barlow, Mike Basinger 4. Second Reading Ordinance 19-005, Comp Plan Zoning Map — Lori Barlow, Mike Basinger 5. First Reading Ordinance 19-008 Duplex Density Ordinance — Lori Barlow 6. Resolution 19-008 for CERB Grant — Chaz Bates, Mike Basinger 7. Motion Consideration: Bid Award, Browns Park — Mike Stone 8. Admin Report: Regional Veterans Services — Heather Drake, Operations Mgr 9. Admin Report: Library Update — Aileen Luppert, Managing Librarian 10. Admin Report: Annexation — Erik Lamb, Mike Basinger, Chaz Bates 11. Admin Report: Advance Agenda — Mayor Higgins 12. Info Only: Department Reports [due Tue May 211 (10 minutes) (15 minutes) (5 minutes) (10 minutes) (10 minutes) (10 minutes) (10 minutes) (10 minutes) (15 minutes) (20 minutes) (20 minutes) (5 minutes) [*estimated meeting: 140 mins] June 4, 2019, Study Session, 6:00 p.m. ACTION ITEMS: 1. Public Hearing: 2020-2025 Six -Year TIP — Adam Jackson 2. Resolution 19-009 Adopting 2020-2025 Six Year Tip — Adam Jackson (no public comment) 3. Second Reading Ordinance 19-006, 2nd amendment to 2019 Budget — Chelsie Taylor 4. First Reading Ordinance 19-007 Amending Addressing Standards — Karen Kendall 5. Motion Consideration: BUILD 2019 Grant Potential — Adam Jackson 6. Mayoral Appointment: Interim Planning Commissioner — Mayor Higgins NON -ACTION ITEMS: 7. Spokane Conservation District Program Update — Vicki Carter, Conservation District Director 8. Point in Time Count 2019 Presentation — Tija Danzig, Homeless & Rehousing Program Mgr. 9. Appleway Trail Project Evergreen to Sullivan Update — Rob Lochmiller, Gloria Mantz 10. Advance Agenda — Mayor Higgins [due Tue May 281 June 11, 2019, Special Meeting: 2020 Budget Workshop, 8:30 a.m. June 11, 2019, 6 pm formal meeting cancelled (15 minutes (5 minutes) (10 minutes) (15 minutes) (10 minutes) (10 minutes) (20 minutes) (20 minutes) (10 minutes) (5 minutes) [*estimated meeting: 120 mins] 3:30 p.m., 1due Tue June 41 June 18, 2019, Study Session, 6:00 p.m. ACTION ITEMS: 1. Second Reading Ordinance 19-007 Amending Addressing Standards — NON -ACTION ITEMS 2. Advance Agenda — Mayor Higgins Opportunity for General Public Comments AWC Annual Conference: June 25-28 Spokane Convention Center June 25, 2019, Formal Meeting Format, 6:00 p.m. 1. Consent Agenda (claims, payroll, minutes) 2. Advance Agenda — Mayor Higgins 3. Info Only: Department Reports Draft Advance Agenda 5/16/2019 10:43:53 AM Karen Kendall [due Tue June 111 (15 minutes) (5 minutes) [*estimated meeting: 20 mins] [due Tue June 181 (5 minutes) (5 minutes) [*estimated meeting: mins] Page 1 of 2 July 2, 2019, Study Session, 6:00 p.m. 1. New Employee Report — John Whitehead 2. Advance Agenda — Mayor Higgins July 9, 2019, Formal Meeting Format, 6:00 p.m. Proclamation: Parks and Recreation Month 1. Consent Agenda (claims, payroll, minutes) 2. Admin Report: Advance Agenda — Mayor Higgins July 16, 2019, Study Session, 6:00 p.m. 1. Council Goals and Priorities for use of Lodging Tax — Chelsie Taylor 2. Advance Agenda — Mayor Higgins July 23, 2019, Formal Meeting Format, 6:00 p.m. Proclamation: Nick Mamer Days 1. Consent Agenda (claims, payroll, minutes) 2. Admin Report: Advance Agenda — Mayor Higgins 3. Info Only: Department Reports [due Tue June 25] (5 minutes) (5 minutes) [due Tue July 2] (5 minutes) (5 minutes) [due Tue July 91 (15 minutes) (5 minutes) [due Tue July 161 (5 minutes) (5 minutes) July 30, 2019, Study Session, 6:00 p.m. [due Tue July 23] ACTION ITEMS: 1. Motion: Council goals and priorities for use of LTAC funds — Chelsie Taylor (10 minutes) NON -ACTION ITEMS: 2. Advance Agenda — Mayor Higgins (5 minutes) August 6, 2019, Study Session, 6:00 p.m. — Meeting cancelled Councilmembers attend National Night Out August 13, 2019, Formal Meeting Format, 6:00 p.m. 1. Consent Agenda (claims, payroll, minutes) 2. Advance Agenda — Mayor Higgins August 20, 2019, Study Session, 6:00 p.m. 1. 2020 Budget: Estimated Revenues & Expenditures — Chelsie Taylor 2. Council Draft 2020 Budget Goals — Chelsie Taylor 3. Advance Agenda — Mayor Higgins August 27, 2019, Formal Meeting Format, 6:00 p.m. 1. Consent Agenda (claims, payroll, minutes) 2. Advance Agenda — Mayor Higgins 3. Info Only: Department Reports *time for public or Council comments not included OTHER PENDING AND/OR UPCOMING ISSUES/MEETINGS: Appleway Trail Amenities Camping in RVs Crisis Co -response team funding Donation Recognition Graffiti Health District Re SV Stats Land Use Notice Requirements Mirabeau Park Forestry Mgmt. Naming City Facilities Protocol New Employee Qrt Report Park Lighting Park Reg. Ord. amendments [due Tue Aug 61 (5 minutes) (5 minutes) [due Tue Aug 13] (10 minutes) (15 minutes) (5 minutes) [due Tue Aug 201 (5 minutes) (5 minutes) [*estimated meeting: mins] PFD Presentation Police Dept. Quarterly Rpt (Jan, April, July, Oct) Right -of -Way process Sign Ordinance Snow Removal: St. Sidewalks Safe Rt to School St. Illumination (ownership, cost, location) St. O&M Pavement Preservation Studded Snow Tires Utility Facilities in ROW Veterans Services Water Districts & Green Space Way Finding Signs Draft Advance Agenda 5/16/2019 10:43:53 AM Page 2 of 2