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HomeMy WebLinkAboutUtilities 2016-03-15 COMPLETE AGENDA PACKETCity of Tukwila Utilities Committee ❖ Kathy Hougardy, Chair ❖ Kate Kruller ❖ Thomas McLeod AGENDA Distribution: p. Brodin K. Hougardy R. Turpin K. Kruller M. Hart T. McLeod Clerk File Copy Mayor Ekberg 2 Extra D. Cline L. Humphrey e-mail cover to: A. Le, B. Giberson C. O'Flaherty, K. Hougardy, F. Iriarte D. Almberg, B. Saxton, R. Tischmak S. Norris, M. Hart, G. Labanara L. Humphrey TUESDAY, MARCH 15, 2016 — 5:30 PM FOSTER CONFERENCE ROOM - 6300 Building Item Recommended Action Page 1. PRESENTATION(S) a) CBD Sanitary Sewer Rehabilitation a) Forward to 3/21/16 Pg. 1 Resolution Declaring an Emergency for the Sanitary Consent Agenda Sewer Repair at 1200 Andover Park E b) NPDES Program b) Information only Pg. 9 2015 Annual Report and 2016 Surface Water Management Program Plan c) Coordinated Prevention Grant for Recycling Program c) Forward to 3/21/16 Pg. 33 Consent Agenda 2. BUSINESS AGENDA 3. ANNOUNCEMENTS 4. MISCELLANEOUS Future Agendas: Next Scheduled Meeting: Tuesday, March 29, 2016 SThe City of Tukwila strives to accommodate individuals with disabilities Please contact the Public Works Department at 206 - 433 -0179 for assistance. L'Ity of Tukwila Allan Ekberg, Mayor Public Works Department - Bob Giberson, Director TO: Mayor Ekberg Utilities Committee r FROM: Bob Giberson, Public Works Director �° , J BY: Mike Cusick, Senior Program Manager DATE: March 11, 2016 SUBJECT: CBD Sanitary Sewer Rehabilitation Project No. 91140203 Resolution declaring an Emergency for the Sanitary Sewer Repair at 1200 APE ISSUE Approve Resolution for the emergency repair of the sanitary sewer main at the 1200 block of Andover Park East (APE). 17_Ts7 ,(el TiIIl►11 The City has been implementing a phased rehabilitation of the sanitary sewer system in the Commercial Business District (CBD) since 2013. The sewer lines were originally installed in the 1960's and have served their effective lifespan. Rehabilitation or replacement is necessary to extend the service life of the sewer system. Visual inspections have revealed that certain segments of the sewer main have deteriorated severely and multiple failures have occurred (see attached photo). The sewer mains must be cleaned of debris before they can be slip -lined and the process of high - pressure water cleaning can damage the sewer or even remove bedding adjacent to the sewer mains if a breach has already occurred. Some sewer mains have not been visually inspected due to inaccessibility of the inspection camera; therefore, some pipe conditions are unknown. DISCUSSION Slip- lining began in late January 2016 with initial efforts proceeding without incident. The contractor began finding issues with gravel in the mains near Shasta Beverage and Costco. Cleaning efforts on February 17, 2016 of the sewer main in APE, just downstream of Shasta, have exposed a broken sewer pipe that prevents the current relining process to move forward without repairing the main by excavation and replacement. Attached is Mayor Ekberg's signed Emergency Declaration dated February 23, 2016 for the sewer main repair at 1200 Andover Park East. FISCAL IMPACT Since the emergency declaration was signed, staff requested quotes from nine contractors and received three submittals. The R.L. Alia Company submitted a cost of $114,219.46 (which includes a 20% contingency). The full extent of the damage to the sewer main can only be determined after exposing the failing pipe. The construction will be paid for from the 2015/2016 CBD Sanitary Sewer Rehabilitation Project funds, currently budgeted at $900,000.00 for 2016. RECOMMENDATION Council is being asked to approve the Resolution declaring an emergency for the repair of the sanitary sewer at 1200 Andover Park East and consider this item on the Consent Agenda at the March 21, 2016 Regular Meeting. Attachments: Emergency Declaration Draft Resolution Photo of sewer Page 71, 2015 CIP with breakdown of contracts for 2015 & 2016 W: \PW Eng \PROJECTS\A- SW Projects \CBD Sewer Rehabilitation (91140203) \Info Memo Resolution Emergency Repair 1200 APE 03 -11 -16 gl.docx City of Tukwila Allan Ekberg, Mayor Public Works Department -Bob Giberson, Director T[): Mayor Ekberg FROM: Bob 0iberson, Public Works Director 8Y: Robin Tiachnmak, City Engineer [)ATE: February 22, 2016 SUBJECT: CBD Sanitary Sewer Rehabilitation Project No. 91140203 Emergency Declaration for Sewer Repair at 1200 Andover Park East ISSUE Mayor to declare 8D emergency that authorizes City staff to expedite @ repair of the sanitary sewer main at the 1200 block of Andover Park East (APE). The City has been implementing a phased rehabilitation of the sanitary sewer system in the Central Business District /CE][)\ since 2O13. The sewer lines were originally installed in the 13OO'S and have served their effective |ihmSp8O. Rehabilitation or r8p|eoeDl8Ot is necessary to eX[8Od the service life Of the sewer system. Visual inspections have revealed that certain segments of sewer main have deteriorated severely and multiple failures have occurred (see attached photos). The rehabilitation process must be carefully implemented as preparing the sewer mains for relining can cause additional damage and possible failure. The mains must be cleaned of debris before they can be relined and the process of high-pressure water cleaning can damage the sewer or even remove bedding adjacent to the sewer mains if a breach has already occurred. Some sewer mains have not been visually inspected due to inaccessibility of the inspection camera; therefore some pipe conditions are unknown. DISCUSSION Construction began in late January 2016 with initial relining efforts proceeding without incident. The Contractor began finding issues with gravel in the mains near Shasta and Costco. Cleaning efforts on February 16 of the sewer main in APE just downstream of the Shasta Corporation have exposed collapsed pipe that prevents the current relining process to move forward without repairing the main by excavation and replacement. AD emergency iO accordance with TK8C2.57.O3O and RCVV35.23.352iS requested in order [Owaive the standard bidding pFDCeSS. A Resolution will be prepared for COUOd| approval 8t the next available Utilities Committee meeting date. FISCAL IMPACT At this U[Oe' [8p8i[ COStS are unknown. The extent of the damage can only be determined by exposing the failed sewer main. This work will be paid from the 2015/2018 CBD Sanitary Sewer Rehabilitation Project funds, currently budgeted at $900,000.00 for 2016. RECOMMENDATION Mayor is being asked to declare an emergency for the Sewer Repair at 1200 Andover Park East. Authorized By: WRW Eng�PROJECm*SW PT DO 41 DRAFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DECLARING, AN EMERGENCY IN RESPONSE TO DAMAGES TO PUBLIC PROPERTY DUE TO A SEVERELY DAMAGED SANITARY SEWER MAIN. WHEREAS, it has been determined that a damaged sanitary sewer main is in danger of collapsing in the 1200 block of Andover Park East; and WHEREAS, if the sanitary sewer main collapses, the break could pose significant risks to existing gas lines, storm drains, and water utilities; and WHEREAS, the repairs to the sanitary sewer main are required immediately; and WHEREAS, RCW 39.04.280 provides for emergency declarations and competitive bidding exemptions; and WHEREAS, the Mayor of Tukwila declared an emergency on February 23, 2016, in order to allow City forces to respond with appropriate resources to restore damages and prevent further impacts to public and private property; and WHEREAS, the City Council wishes to provide their support and endorsement of the Mayor in his action to declare an emergency and for the City's efforts to respond to the emergency; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: The City Council supports the Mayor in his declaration of emergency and authorizes the execution of contracts or agreements due to damages and the need for protective actions brought about by a failed sanitary sewer main, and hereby authorizes City forces to respond in the most effective and expedient manner, without regard for the procedures and formalities that would otherwise govern the assignment of duties, procurement of materials, and contracting of services. This situation is an emergency as defined in RCW 39.04.280(3) MWord Processing\Resolutions\F=mergency-Sanitary sewer main an APE 2-29-16 MC:bjs Page I of 2 3 PASSED BY THE CITY COUNCIL OF THE CITY OF TUKVVILA, WASNNGTON, at a Regular Meeting - thereof this day of )2016. 1 ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk NTOMIN-10TOMINJIMLIMS 001CONTIN Rachel B. Turpin, City Attorney Joe Duffie, Council President Filed with the City Clerk: Passed by the City Council: Resolution Number: W:XWord Processing\ResolutionsEmergency-Sanitary sewer main on APE 2-29-16 MC:bjs Page 2 of 2 0 W n Q D z Q 0 O U H U) O cr- U Q w z O U) z v O O J Q d' O W J O z Q CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2015 to 2020 PROJECT: CBD Sanitary Sewer Rehabilitation Project No. 91140203 EXPENSES The asbestos concrete pipe in the CBD (commercial business district) is approximately 45 years old and DESCRIPTION: becoming soft. Slip lining the pipe will reinforce the strength with little impact to roadways and minimal excavation. If the pipe collapses, the street will have to be excavated and the cost of the repairs will be significant. In the JUSTIFICATION: last five years we have had two major pipe failures on Andover Park West. STATUS: A Public Works Trust Fund loan was successfully obtained in 2012 for construction. MAINT. IMPACT: Reduced maintenance and repair costs. 20 The limits of the 2013 project is APW to APE from Minkler Blvd to S 180th St and will now include the repair COMMENT: 20 20 to the sewer under the railroad tracks. FINANCIAL Through Estimated (in 9000's) 2013 2014 2015 2016 2017 2018 2019 2n2n RFY(1Nn Tr1TAI EXPENSES Design 159 33 20 20 20 20 20 292 Land (R/W) 0 Const. Mgmt. 87 120 120 120 120 120 687 Construction 639 900 900 900 900 900 5,139 TOTAL EXPENSES 159 759 1,040 1,040 1,040 1 1,040 1 1,040 1 01 0 1 6,118 FUND SOURCES Awarded Grant 0 PWTFIProposed PWI 45 250 455 750 Mitigation Actual 0 Mitigation Expected 0 Utility Revenue 114 509 585 1,040 1,040 1,040 1,040 0 0 5,368 TOTAL SOURCES 159 759 1,040 1,040 1,040 1,040 1,040 0 0 6,118 2015 - 2020 Capita( Improvement Program 71 6 CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2015 to 2020 PROJECT: CBD Sanitary Sewer Rehabilitation The asbestos concrete pipe in the CBD (commercial business district) is approximately 45 years old and DESCRIPTION: becoming soft. Slip lining the pipe will reinforce the strength with little impact to roadways and minimal excavation. JUSTIFICATION: If the pipe collapses, the street will have to be excavated and the cost of the repairs will be significant. In the last five years we have had two major pipe failures on Andover Park West. STATUS: A Public Works Trust Fund loan was successfully obtained in 2012 for construction. MAINT. IMPACT: Reduced maintenance and repair costs. COMMENT: The limits of the 2013 project is APW to APE from Minkler Blvd to S 180th St and will now include the repair to the sewer under the railroad tracks. FINANCIAL Through Estimated (in $000's) 2013 2014 2015 2016 2017 2018 2019 TOTAL EXPENSES 2015 , 2016 Design 159 33 20 20 20 20 20 292 Land (R/W) Closed Staff & Misc 41,325.61 0 Const. Mgmt. CM 87 120 120 120 120 120 687 Construction 46,317.00 639 900 900 900 900 900 5,139 TOTALEXPENSES1 159 1 759 1 1,040 1 1,040 1 1,040 1 1,040 1 1,040 1 6,118 FUND SOURCES RL Alia APW /APE 14 -159 406,226.39 547,954.88 Closed RL Alia Awarded Grant 15 -155 34,154.35 34,154.35 Closed Olson Pro -Vac Manholes 0 PWTF /Proposed PWTF 249 501 Contigency 750 Mitigation Actual Michels 2014 Sliplining 15 -178 528,464.52 0 Mitigation Expected 105,692.90 RL Alia 0 Utility Revenue 159 510 539 1,040 1,040 1,040 1,040 5,368 TOTAL SOURCES 159 759 1,040 1,040 1,040 1,040 1,040 6,118 7 2015 - 2020 Capita( Improvement Program 71 2015 , 2016 Contract Actual Contract Actual Remaining RH2 Enginneering Design 13 -076 232,235.00 30,022.48 Closed Staff & Misc 41,325.61 Stahali CM 14 -153 23,380.00 18,781.08 Closed CHS Eng CM 14 -152 46,317.00 17,659.71 Closed RH2 Enginneering CM 15 -074 112,710.00 13,644.70 40,201.99 58,863.31 Michels 2014 Sliplining 14 -154 160,594.98 171,530.71 Closed RL Alia APW /APE 14 -159 406,226.39 547,954.88 Closed RL Alia 1227 APE 15 -155 34,154.35 34,154.35 Closed Olson Pro -Vac Manholes 15 -177 105,068.10 Contigency 21;013.62 Michels 2014 Sliplining 15 -178 528,464.52 Contigency 105,692.90 RL Alia 1227 APE New 69,717.56 Contigency 13,943.51 RL Alia 1200 APE New 95,182.88 Contigency 19.036.58 $875,073.52 $1,057,184.97 7 2015 - 2020 Capita( Improvement Program 71 City of Tukwila Jim Haggerton, Mayor TO: Mayor Ekberg Utilities Committee FROM: Bob Giberson, Public Works Director4o BY: Greg Villanueva, NPDES Coordinator DATE: March 11, 2016 SUBJECT: NPDES Pro-gram Project No. 99341210 2015 Annual Report and 2016 Surface Water Management Program Plan ISSUE Review the City's 2015 National Pollutant Discharge Elimination System (NPDES) Annual Report and 2016 Surface Water Management Program (SWMP) Plan. BACKGROUND The NPDES Program requires that the City implement a comprehensive SWMP Plan that complies with the requirements outlined in the City's updated NPDES Phase 11 permit which became effective August 1, 2013 and was modified January 16, 2014. The conditions of the existing and updated permit require that the City develop a SWMP Plan and submit annual reports to the Department of Ecology (DOE) that outlines our progress in meeting permit requirements by March 31 of each year. The SWMP Plan document commits the City to activities which have staffing, training, procedural, and documentation requirements that the City must follow. The SWMP Plan is updated annually to reflect any required changes to our program and to provide greater detail as various programs are fully developed. Once the SWMP Plan is submitted to the DOE, it will be used by DOE to determine whether permit obligations are being met. DISCUSSION City staff has completed the 2015 Annual Report, which reflects activities completed by the City in 2015. In addition, staff also updated the 2016 SWMP Plan to reflect permit requirements for 2016. All 2016 updates are printed in blue for reference. The 2015 Annual Report must be signed by the City Administrator and both documents electronically submitted to DOE by the reporting deadline of March 31, 2016. RECOMMENDATION Information only. Attachments: 2015 Annual Report 2016 Surface Water Management Program Plan (SWMP) Plan W:\PW Eng\PROJECTS\A- DR Projects\NPDES Program (99341210)wnnual Reports and Surface Water Management Programs\2015 Annual Report & 2016 SWMP Plaminfo Memo 2015 Annual Report & 2016 SWMP Plan.doc 9 3/8/2016 WQWebSubmittal - Search Annual Report Question Permit Questions Number Section 1 S5.A.2 Attach updated annual Stormwater Management Program Plan (SWMP Plan). (S5.A.2) Saved Document Name: 2016 SWMP Plan_1 03082016120028 2 S9.D.5 Attach a copy of any annexations, incorporations or boundary changes resulting in an increase or decrease in the Permittee's geographic area of permit coverage during the reporting period per S9.D.5. Not Applicable 3 S5.A.3 Implemented an ongoing program to gather, track, and maintain information per S5.A.3, including costs or estimated costs of implementing the SWMP. Yes 4 S5.A.5.b Coordinated among departments within the jurisdiction to eliminate barriers to permit compliance. (S5.A.5.b) Yes 5 S5.C.l.a.i Attach description of public education and outreach efforts conducted per S5.C.l.a.i and ii. and ii Saved Document Name: 2015 Education and Outreach Ef_S_02292016030836 6 S5.C.l.b Created stewardship opportunities (or partnered with others) to encourage resident participation in activities such as those described in S5.C.l.b. Yes 7 S5.C.1.b Used results of measuring the understanding and adoption of targeted behaviors among at least one audience in at least one subject area to direct education and outreach resources and evaluate changes in adoption of targeted behaviors. (Required no later than February 2, 2016, S5.C.1.b) Yes 7b S5.C.1.b Attach description of how this requirement was met. Saved Document Name: 2015 Measuring Understanding a_7b_02292016030836 8 S5.C.2.a Describe the opportunities created for the public to participate in the decision making processes involving the development, implementation and updates of the Permittee's SWMP. (S5.C.2.a) Opportunities are provided at at Utilities Committee, Committee of the Whole and Council Regular meetings. In addition, opportunities are encouraged through the year on the City's NPDES website: www .tukwila.gov /pubwks /npdes.htmi Also, through the City Tukwila Reporter news paper and notice boards. 9 S5.C.2.b Posted the updated SWMP Plan and latest annual report on your website no later than May 31. (S5.C.2.b) Yes I9b S5.C.2.b List the website address. https.// secureaccess. wa. gov/ ecy/ wgwebportal/ wgwebsubmittal/ViewQuesbonneire. aspx ?Quesbonnaireld= 48submittaild =60180 1 /710 3/8/2016 WQWebSubmittal - Search http://www.tukwilawa.gov/pubwks/npdes.htmi 10 S5.C.3.a.i - Maintained a map of the MS4 including the requirements listed in S5.C.3.a.i. -vi. vi Yes 11 S5.C.3.b.v Implemented a compliance strategy, including informal compliance actions as well as enforcement provisions of the regulatory mechanism described in S5.C.3.b. (S5.C.3.b.v) Yes 12 S5.C.3.b.vi Updated, if necessary, the regulatory mechanism to effectively prohibit illicit discharges into the MS4 per S5.C.3.b.vi. (Required no later than February 2, 2018) Not Applicable 12b Cite the Prohibited Discharges code reference 13 S5.C.3.c.i Implemented procedures for conducting illicit discharge investigations in accordance with S5.C.3.c.i. Yes 13b S5.C.3.c.i Cite methodology Illicit Discharge Detection and Elimination: A guidance Manual for Program Development and Technical Assessments, Center for Watershed Protection, October 2004 14 S5.C.3.c.i Percentage of MS4 coverage area screened in reporting year per S5.C.3.c.i. (Required to screen 40% of MS4 no later than December 31, 2017 (except no later than June 30, 2018 for the City of Aberdeen) and 12% on average each year thereafter. (S5.C.3) 23 15 S5.C.3.c.ii List the hotline telephone number for public reporting of spills and other illicit discharges. (S5.C.3.c.ii) 206 -431 -1860 15b S5.C.3.c.ii Number of hotline calls received. 10 16 S5.C.3.c.iii Implemented an ongoing illicit discharge training program for all municipal field staff per S5.C.3.c.iii. Yes 17 S5.C.3.c.iv Informed public employees, businesses, and the general public of hazards associated with illicit discharges and improper disposal of waste. (S5.C.3.c.iv) Yes 17b S5.C.3.c.iv Describe the information sharing actions. (S5.C.3.c.iv) Information action for public employees include, educating employees of Permit requirements as well as providing updated information. Key employees are trained and shared with other essential employees. For business, the City implements a Local Hazardous Waste Management Program that partners with Icing County Health and Environmental Investigators to provide business inspection. A variety of information is provided to the businesses including Permit requirements. Also, stormwater quality, illicit discharges, spill response and good housekeeping measures are are discussed. This reporting year the City hired one full time employee to conduct private stormwater inspections including BMPs when warrented. The general public is informed by posting information on the City's NPDES webpage, Tukwila channel 21, Tukwila Report, Hazelnut newsletter, various brochures and SWMP education and outreach booth at various City events. For businesses and general public, the City uses its NPDES webpage to post "the 2011 Yellow Book ", Hazardous Waste Directory. https: / /secureaccess.wa. gov/ ecy/ wgwebportal /wgwebsubmittal/ViewQuesdonnaire. asp (?Quesgonnaireld= 4&submittalld =60180 3/8/2018 wQwebSubmittal - Search 18 S5.C.3.d Implemented an ongoing program to characterize, trace, and eliminate illicit discharges into the MS4 per S5.C.3.d. Yes 19 S5.C.3.d.iv Number of illicit discharges, including illicit connections, eliminated during the reporting year. (S5.C.3.d.iv) 14 20 S5.C.3.d.iv Attach a summary of actions taken to characterize, trace and eliminate each illicit discharge found by or reported to the permittee. For each illicit discharge, include a description of actions according to required timeline per S5.C.3.d.iv Saved Document Name: 2015 IDDE Tracking Sheets 1-42003082016121513 21 S5.C.3.e Municipal illicit discharge detection staff are trained to conduct illicit discharge detection and elimination activities as described in S5.C.3.e. Yes 22 S5.C.4.a Implemented an ordinance or other enforceable mechanism to address runoff from new development, redevelopment and construction sites per the requirements of S5.C.4.a. Yes 24 S5.C.4.a.i Number of exceptions granted to the minimum requirements in Appendix 1. (S5.C.4.a.i., and Section 6 of Appendix 1) 0 25 S5.C.4.a.i Number of variances granted to the minimum requirements in Appendix 1. (S5.C.4.a.i., and Section 6 of Appendix 1) 0 26 S5.C.4.b.i Reviewed Stormwater Site Plans for all proposed development activities that meet the thresholds adopted pursuant to S5.C.4.a.i. (S5.C.4.b.i) Yes 26b S5.C.4.b.i Number of site plans reviewed during the reporting period. 90 27 S5.C.4.b.ii Inspected, prior to clearing and construction, permitted development sites that have a high potential for sediment transport as determined through plan review based on definitions and requirements in Appendix 7 Determining Construction Site Sediment Damage Potential, or alternatively, inspected all construction sites meeting the minimum thresholds adopted pursuant to S5.C.4.a.i. (S5.C.4.b.ii) Yes 27b S5.C.4.b.ii Number of construction sites inspected per S5.C.4.b.ii. 62 28 S5.C.4.b.iii Inspected permitted development sites during construction to verify proper installation and maintenance of required erosion and sediment controls. (S5.C.4.b.iii) Yes 28b S5.C.4.b.iii Number of construction sites inspected per S5.C.4.b.iii. 62 29 S5.C.4.b.ii, Number of enforcement actions taken during the reporting period (based on construction phase iii and inspections at new development and redevelopment projects). (S5.C.4.b.ii, iii and v) Imps: // secureaccess. wa. gov/ ecy/ wgwebportal/ wgwebsubmittal/ViewQuesbonneire .aspx?Quesfionnaireld= 4&ubmittal ld =60180 3/712 3/8/2016 3 WQWebSubmittal - Search 30 S5.C.4.b.iv Inspected all permitted development sites that meet the thresholds in S5.C.4.a.i upon completion of construction and prior to final approval or occupancy to ensure proper installation of permanent stormwater facilities. (S5.C.4.b.iv) Yes 31 S5.C.4.b.ii- Achieved at least 80% of scheduled construction- related inspections. (S5.C.4.b.ii -iv) iv Yes 32 S5.C.4.b.iv Verified a maintenance plan is completed and responsibility for maintenance is assigned for projects. (S5.C.4.b.iv) Yes 33 S5.C.4.c Implemented provisions to verify adequate long -term operation and maintenance (O &M) of stormwater treatment and flow control BMPs /facilities that are permitted and constructed pursuant to S5.C.4. a and b. (S5.C.4.c) Yes 35 S5.C.4.c.iii Annually inspected stormwater treatment and flow control BMPs /facilities per S5.C.4.c.iii. Yes 35b S5.C.4.c.iii If using reduced inspection frequency for the first time during this permit cycle, attach documentation per S5.C.4.c.iii Not Applicable 36 S5.C.4.c.iv Inspected new residential stormwater treatment and flow control BMPs /facilities and catch basins every 6 months per S5.C.4.c.iv to identify maintenance needs and enforce compliance with maintenance standards. Yes 37 S5.C.4.c.v Achieved at least 80% of scheduled inspections to verify adequate long -term O &M. (S5.C4.c.v) Yes 38 S4.C.4.c.vi Verified that maintenance was performed per the schedule in S5.C.4.c.vi when an inspection identified an exceedance of the maintenance standard. Yes 38b S5.C.4.c.vi Attach documentation of any maintenance delays. (S5.C.4.c.vi) Not Applicable 39 S5.C.4.d Provided copies of the Notice of Intent for Construction Activity and Notice of Intent for Industrial Activity to representatives of proposed new development and redevelopment. (S5.C.4.d) Yes 40 S5.C.4.e All staff responsible for implementing the program to control stormwater runoff from new development, redevelopment, and construction sites, including permitting, plan review, construction site inspections, and enforcement are trained to conduct these activities. (S5.C.4.e) Yes 42 S5.C.4.g Participated and cooperated with the watershed -scale stormwater planning process led by a Phase I county. (S5.C.4.g) Not Applicable haps:// secureaccess. wa. gov/ ecy/ wgwebpartal ANgwebsubmittalMewQuestonnaire. asp (?Questonnaireld= 4&submittaild =60180 3/8/2016 http K, 43 44 44b WQWebSubmittal - Search S5.C.5.a Implemented maintenance standards as protective, or more protective, of facility function as those specified in Chapter 4 of Volume V of the 2005 Stormwater Management Manual for Western Washington. Yes S5.C.5.a Applied a maintenance standard that is not specified in the Stormwater Management Manual for Western Washington. No S5.C.5.a Please note what kinds of facilities are covered by this alternative maintenance standard. (S5.C.5.a) 45 S5.C.5.a.ii Performed timely maintenance per S5.C.5.a.ii. Yes 46 S5.C.5.b Annually inspected all municipally owned or operated permanent stormwater treatment and flow control BMPs /facilities. (S5.C.5.b) Yes 46b S5.C.5.b Number of known municipally owned or operated stormwater treatment and flow control BMPs /facilities. (S5.C.5.b) 47 46c S5.C.5.b Number of facilities inspected during the reporting period. (S5.C.5.b) 47 46d S5.C.5.b Number of facilities for which maintenance was performed during the reporting period. (S5.C.5.b) 1 47 S5.C.5.b If using reduced inspection frequency for the first time during this permit cycle, attach documentation per S5.C.5.b. Not Applicable 48 S5.C.5.c Conducted spot checks and inspections (if necessary) of potentially damaged stormwater facilities after major storms as per S5.C.5.c. Yes 49 S5.C.5.d Inspected all municipally owned or operated catch basins and inlets as per S5.C.5.d, or used an alternative approach. (Required once no later than August 1, 2017 and every two years thereafter, except once no later than June 30, 2018 and every two years thereafter for the City of Aberdeen) Not Applicable 49b S5.C.5.d Number of known catch basins. 5116 49c S5.C.5.d Number of catch basins inspected during the reporting period. 702 49d S5.C.5.d Number of catch basins cleaned during the reporting period. 702 50 S5.C.5.d.i -ii Attach documentation of alternative catch basin cleaning approach, if used. (S5.C.5.d.i or ii) / secureaccess. wa. gov/ ecy/ wgwebportalhvgwebsubmittal/ViewQuesbonnai re .aspx?Quesbonneireld= 48submittal Id =60180 &714 IE�TTe17L. 51 WQWebSubmittal - Search Not Applicable S5.C.5.f Implemented practices, policies and procedures to reduce stormwater impacts associated with runoff from all lands owned or maintained by the Permittee, and road maintenance activities under the functional control of the Permittee. (S5.C.5.f) Yes 52 S5.C.5.g Implemented an ongoing training program for Permittee employees whose primary construction, operations or maintenance job functions may impact stormwater quality. (S5.C.5.g.) Yes 53 S5.C.5.h Implemented a Stormwater Pollution Prevention Plan for all heavy equipment maintenance or storage yards, and material storage facilities owned or operated by the Permittee in areas subject to this Permit that are not required to have coverage under an NPDES permit that covers stormwater discharges associated with the activity. (S5.C.5.h) Yes 54 S7.A Complied with the Total Maximum Daily Load (TMDL)- specific requirements identified in Appendix 2. (S7.A) Not Applicable 55 S7.A For TMDLs listed in Appendix 2: Attach a summary of relevant SWMP and Appendix 2 activities to address the applicable TMDL parameter(s). (S7.A) Not Applicable 56 S8.A Attach a description of any stormwater monitoring or stormwater - related studies as described in SS.A. Not Applicable 57 S8. B.1 Participated in cost - sharing for the regional stormwater monitoring program (RSMP) for status and trends monitoring. (S8.B.1) Yes 57B S8.13.2 If choosing to conduct individual status and trends monitoring, attach an annual stormwater monitoring report in accordance with S8.6.2. (Required to submit reports beginning March 31, 2016) 58 S8.C.1 Participated in cost - sharing for the regional stormwater monitoring program (RSMP) for effectiveness studies. (S8.C.1) (Required to begin no later than August 15, 2014) Yes 58b S8.C.2 If choosing to conduct discharge monitoring, attach an annual stormwater monitoring report in accordance with S8.C.2 and Appendix 9. (Required to submit reports beginning March 31, 2016) 59 S8. D.1 Contributed to the RSMP for source identification and diagnostic monitoring information repository in accordance with S8.D.1. (Required to begin no later than August 15, 2014) Yes 60 G3 Notified Ecology in accordance with G3 of any discharge into or from the Permittees MS4 which could constitute a threat to human health, welfare or the environment. (G3) Yes 61 G3 Number of G3 notifications provided to Ecology. 7 I 115 � � 3/6/2016 1162 WQWebSubmittal - Search G3.A Took appropriate action to correct or minimize the threat to human health, welfare, and /or the environment per G3.A. Yes 63 S4. F.1 Notified Ecology within 30 days of becoming aware that a discharge from the Permittee's MS4 caused or contributed to a known or likely violation of water quality standards in the receiving water. (S4.F.1) Not Applicable 64 S4.F.3.a If requested, submitted an Adaptive Management Response report in accordance with S4.F.3.a. Not Applicable 65 S4.F.3.d Attach a summary of the status of implementation of any actions taken pursuant to S4.F.3 and the status of any monitoring, assessment, or evaluation efforts conducted during the reporting period. (S4.F.3.d) Not Applicable 66 G20 Notified Ecology of the failure to comply with the permit terms and conditions within 30 days of becoming aware of the non - compliance. (G20) Not Applicable 67 G20 Number of non - compliance notifications (G20) provided in reporting year. 0 67b G20 List the permit conditions described in non - compliance notification(s). Not Applicable Attachments: jjr M WARD45544 5 02292016030636 2015 Education and outreach Ef502292016030836 .docx 433173 1527706 wgwebportal FBI WARM5544 2003082016121513 2015 IDDE Tracking Sheets 1-4 20_03082018121513 ,pdf 435198 1527706 wtimbportal l�„,Vi WAR045544,a7b „_02292016030836 2015 Measuring Understanding a_7b_02292016030836 .docx 433174 1527706 wgwebportal WAR045544_1 „03082016120028 2016 SAW Plen,_1,., 03082018120028 .pdf 435197 1527706 wgwebportal Back Ecology 11011 n +d„M!1111("taO IHorne y"w+ W1Av:al.obridUa11 Hurrnc, II 1,n':^ Natl.l Co mart .Y https:// secureaccess. wa. gav/ ecy/ wgwebportal /wgwebsubmittallViewQuesfonneire. aspx ?Questannaireld= 4&submittalld =60180 7/716 City of Tukwila 2016 Update Stormwater Management Program Plan (SWMP) Plan Prepared By City of Tukwila Public Works Department 17 City of Tukwila Stormwater Management Program Plan TABLE OF CONTENTS INTRODUCTION......................................................................................... ..............................1 NPDES PHASE II PROGRAM COMPONENTS ..................................... ..............................2 1. Public Education and Outreach .............................................................. ..............................3 2. Public Involvement and Participation .................................................... ..............................4 3. Illicit Discharge Detection and Elimination .......................................... ..............................5 4. Controlling Runoff from New Development, Redevelopment, and Construction Sites ...... 7 5. Pollution Prevention and Operation and Maintenance for Municipal Operations ...............9 6. Coordination ............................................................. .............................10 7. Compliance with Total Maximum Daily Load Requirements .... .............................12 8. Monitoring and Assessment ........................................... .............................12 CONCLUSION............................................................... .............................13 18 The National Pollutant Discharge Elimination System (NPDES) permit program is a requirement of the federal Clean Water Act. The federal Environmental Protection Agency (EPA) has delegated permit authority to state environmental agencies. In Washington, the NPDES delegated permit authority is the Washington State Department of Ecology (DOE). This document was prepared by the City of Tukwila to meet the requirements for a Stormwater Management Program (SWMP) Plan as required by the NPDES Phase II Permit. The SWMP Plan was developed to reduce pollutant discharges from the City's Municipal Separate Storm Sewer System (MS4). The Permit allows discharge of stormwater runoff from municipal drainage systems into the state's water bodies (i.e., streams, rivers, lakes, wetlands, etc.) as long as municipalities implement programs to protect water quality by reducing the discharge of "non -point source" pollutants to the "maximum extent practicable" (MEP). In addition, the City must meet "all known and reasonable treatment" (AKART) through application of Permit specified "best management practices" (BMPs). The practices specified in the Permit are collectively referred to as the SWMP Plan and grouped under the following program components: • Public Education and Outreach • Public Involvement and Participation • Illicit Discharge Detection and Elimination • Controlling Runoff from New Development, Redevelopment and Construction Sites • Pollution Prevention and Operation and Maintenance for Municipal Operations • Coordination • Compliance with Total Maximum Daily Load Requirements • Monitoring and Assessment The Permit requires that the City: • Report annually (by March 31 of each year) on the SWMP Plan implementation from the prior year. • Submit annually (by March 31 of each year) a SWMP Plan that describes proposed surface water management program activities for the coming year. • Develop a SWMP Plan that includes an ongoing program for gathering, tracking, maintaining, and using information to evaluate its SWMP Plan development, implementation and permit compliance and to set priorities. • Coordinate with other permittees on stormwater- related policies, programs, and projects within adjoining or shared areas. • Coordinate with City departments to eliminate barriers to compliance with the terms of the permit. Include a description of coordination in the Annual Report no later than March 31, 2016, 19 Tukwila is defined as a Phase II community by DOE and, therefore, mandated to comply with the requirements of the Phase II National Pollution Discharge Elimination System (NPDES) Stormwater Permit. Phase II communities are those that: • Own and operate a storm drain system • Discharge to surface waters of the state • Are located in urbanized areas • Have a population of more than 1,000 Municipalities with a population of over 100,000 (as of the 2010 census) have been designated as Phase I communities and must comply with DOE's Phase I NPDES Municipal Stormwater Permit. Tukwila's population is below the 100,000 threshold and must comply with the Phase II Municipal Stormwater Permit. Approximately 100 other municipalities in Washington must now comply with the Phase II Permit, as operators of small "municipal separate storm sewer systems" (MS4). Ecology's Phase II Permit is available on Ecology's Web site at: http: / /www. ecy.wa. gov /programs /wq /stonnwater/ municipal /phaseIIww /wwohiipermit.html Tukwila completed requirements of its initially issued NPDES Phase II Stormwater Permit which expired July 31, 2013. Tukwila applied to the Department of Ecology and was issued a new five -year term NPDES Phase II Stormwater Permit on August 1, 2012 with an effective date of August 1, 2013 and an expiration date of July 31, 2018. The Permit was then modified and reissued December 17, 2014 with an effective date of January 16, 2014 to further control the discharge of pollutants to protect surface water and ground water quality in Washington State. As stated, the major program components listed in the Permit are as follows: • Public Education and Outreach • Public Involvement and Participation • Illicit Discharge Detection and Elimination • Controlling Runoff from New Development, Redevelopment, and Construction Sites • Pollution Prevention and Operation and Maintenance for Municipal Operations • Coordination • Total Maximum Daily Load Requirements • Monitoring and Assessment The following sections describe requirements of each program component, the City's current activities, and what the City's planned activities are to meet the requirements. In general, the City of Tukwila is currently performing all previously required NPDES Phase II Permit activities and has programs in place to address the updated Permit requirements. 20 1. PUBLIC EDUCATION AND OUTREACH 1.1 Permit Requirements The Permit (Section S5.C.1.) requires the City to: • Target and implement an educational and outreach program that will build general awareness specific to the general public, businesses, engineers, contractors, developers, development staff and land use planners and other City employees that will help to reduce and eliminate behaviors and practices that cause or contribute to adverse stormwater impacts. • Implement an outreach program that targets a selected audience with the purpose of improving their understanding and behaviors that impact surface water. • Create stewardship opportunities and /or partner with existing organizations to encourage residents to participate in activities such as stream teams, storm drain marking, volunteer monitoring, riparian plantings and education activities. • Measure the understanding and adoption of the targeted behaviors for at least one selected audience and one selected topic. • Track and maintain records of public education and outreach activities. 1.2 Current Activities The City of Tukwila has an active public educational and outreach program regarding general impacts of stormwater on surface waters with the following target audiences: • The general public with an emphasis on school age children in science based classrooms. • Carpet cleaning, landscaping, automotive /truck, and restaurant businesses. • Residents /homeowners, apartment managers /owners. • City development staff, land use planners, maintenance personnel and other City employees. • The City of Tukwila partners with Forterra, EarthCorps and the Friends of Duwamish Hill Preserve to provide stewardship training and restoration activities in Tukwila's parks and shoreline areas, At least once a month volk:dmeers gather to do restoration and conservation work in l'k:dl <.wila directly affecting the water gkml.ity, nata:dral habitat and vegetation within the [X�wamish /Green watershed. In conjk:d:n7ction with these vol.k:dmeer events the C.'ity of '1'kd1 <wila hosts an annkml llealthy Earth, 1- lealthy yok:d 51< and tree planting involving, people in learning abok:dt the [X wamish watershed and how they are a Dart. of the cleank.dl). The C.'ity also works with [X wannish C.;lean- -kdl) ("oalition, actively participating in the [X wannish Alive! restoration and commkmity edk.wation activities throkdghokdt the year on three restoration sites. • The City expanded its public education and outreach program with access to Tukwila's government Channel 21, which was implemented as a tool to provide updates and various types of information to the public. Our Public Works Department now uses this channel to inform the public of the City's Surface Water Department and completed a staff interview that covered frequently asked questions about stormwater. 21 The City has a phone survey program that targets selected audiences that include but not limited to the general public, automotive businesses, restaurants, and property owners /managers. This program is used to help measure the public's understanding of stormwater problems and guide the City's education and outreach program. Track and maintain records of the City's public education and outreach activities. 1.3 Planned Activities The City of Tukwila will conduct the following activities in 2016: Continue to conduct phone surveys of a targeted audience. The City will compare year to year survey results to help guide future education and outreach programs. Provide an outreach booth at the City's annual Backyard Wild Life Festival, giving exposure to the City's SWMP Plan and encouraging input to the Plan. This year the outreach booth will emphasize Low Impact Development and Illicit I: -)ischarge I: -)etection and Elimination. In addition, target school age children by challenging their with stormwater gkml.ity gk.wstions. Continue outreach efforts with the general public by posting NPDES updates and information on the City's NPDES web page. Continue with and update when necessary Tukwila's government TV Channel 21. • Target and educate carpet cleaners, landscapers, automotive /truck and restaurant businesses on the impacts of associated pollutant generating activities. Continkw training lnbl.ic works personnel incft ding field staff, new employees, and development review and planning department personnel relating to I...,ow Impact I:)evel.opment principals and Best Management Practices (BMPs). Continue to support existing stewardship programs currently in place. Continue to offer informal environmental stewardship training when the opportunity presents itself through hands -on restoration activities. • Contink.w to meask.dre the kmderstanding and adoption of targeted behaviors. Continue to track and maintain records of the City's public education and outreach activities. Summarize this year's Public Education and Outreach" activities in the Annual Report. 2. PUBLIC INVOLEMENT AND PARTICIPATION 2.1 Permit Requirements The Permit (Section S5.C.2) requires the City to: Provide ongoing opportunities for public involvement and participation through advisory councils, public hearings, watershed committees, participating in developing rate - structures, SWMP Plan development and implementation or other similar activities. 22 • Make available and post the current SWMP Plan and annual report for the previous years on the City's website no later than May 31 of each year. Make available to the public all other documents to be submitted to DOE as required by the Permit. 2.2 Current Activities The City of Tukwila uses the following opportunities for Public Involvement and Participation: • The public is invited to all City Council, Committee of the Whole, Utilities Committee and workshops where input on NPDES Phase II related topics are accepted. • Provide notices of upcoming workshops, in the Tukwila Reporter, Hazelnut newsletter, and City's NPDES webpage. In addition, notices will be posted at strategic locations such as City Hall, Public Works, Community Development area and the kdl <:wi1a C'ommimity Center, • The City maintains the most current SWMP Plan and Annual Report on its NPDES web site. These documents are also made available to the public upon request. 2.3 Planned Activities The City of Tukwila will continue with the following Public Involvement and Participation activities for 2016: • Invite the public to participate in the decision making process involving proposed rate increases, and implementation and update of the annual SWMP Plan through advisory councils, public meetings, and watershed committees. • Invite the public to all City Council, Committee of the Whole, Utilities Committee and workshops where input on NPDES Phase II related topics are encouraged. • Provide NPDES Phase II updates on the City's NPDES web page. • The City will make available and update its website with current NPDES information including the current SWMP Plan and Annual Report on its website: www.tukwilawa.gov/pubwks /npdes by May 31 of each year. • Summarize this year's Public Involvement and Participation in the 2016 Annual Report. 3. ILLICIT DISCHARGE DETECTION AND ELIMINATION 3.1 Permit Requirements The Permit (Section S5.C.3) requires the City to: • Implement an ongoing Illicit Discharge Detection and Elimination (IDDE) program designed to prevent, detect, characterize, trace and eliminate illicit connections and illicit discharges into our MS4. • Periodically update the City's municipal storm sewer system map. 23 • Have an ordinance in place to effectively prohibit non - stormwater, illegal discharges, and dumping into the City's MS4, including locating priority areas likely to have illicit discharges. • Implement a field screening methodology appropriate to the characteristics of the MS4 and water quality concerns. Complete field screening for at least 40% of the MS4 no later than December 31, 2017, and on average 12% each year thereafter. • Implement an ongoing program designed to detect, identify and address non - stormwater discharges, illicit connections, and spills. Inform public employees, businesses, and the general public of hazards associated with illegal discharges and improper waste disposal. • Provide training to appropriate City employees on IDDE. Document training events, staff attendance and maintain records of activities conducted to meet Permit requirements. Conduct follow -up training as necessary to address changes in procedures, techniques, requirements or staffing. • Track and document IDDE activities and sk.d nnmarize in the 2016 Annual Report to DOE. 3.2 Current Activities The City of Tukwila has an ongoing IDDE program in place that includes these current activities: • The City maintains a geographic (GIS) mapping program and is used to conduct IDDE. This information is provided upon request to the public. • The City has an ordinance and program in place that prohibits non - stormwater, illegal discharges, and dumping into the City's MS4, including locating priority areas likely to have illicit discharges. The ordinance also provides for escalating enforcement. • The City has an active IDDE inspection program that includes both private and public stormwater facilities. • The City has an advertised reporting phone number, (206) 433 -1860, where illegal dumping and spills can be reported. • The City provides information regarding the hazards associated with illegal discharges and improper waste disposal to the general public, businesses and public employees. • The City has a Suds Safe Car Wash Program that makes car wash kits available to Tukwila citizens for fund raising events held within Tukwila city limits. • The City has an active inspection program that targets businesses with potential pollution generating activities such as restaurants and automotive businesses. • Appropriate training is provided to City employees on IDDE into the City's MS4. The City maintains records of the training events. • The City's Maintenance Department provides ongoing video inspection of its stormwater conveyance system. • Track and document IDDE activities and summarize in the 20 i 6 Annual Report. 24 3.3 Planned Activities The City of Tukwila will continue all current IDDE activities and will implement the following activities in 2016: • Continue field screening methodology appropriate to the characteristics of the MS4 and water quality concerns. • Provide and make available various brochures to help increase public awareness of the City's stormwater issues. Continue to provide public outreach videos on the City's NPDES webpage. • Review the City's spill hotline number, (206) 433 -1860, to determine if the process is functioning as expected. • Provide I[X__)E training for new employee's hired in 2016, • Track and document IDDE activities and summarize in the 2016 Annual Report. 4. CONTROLLING RUNOFF FROM NEW DEVELOPMENT, REDEVLOPMENT AND CONSTRUCTION SITES 4.1 Permit Requirements The Permit (Section S5.C.4) requires the City to: • Implement and enforce an ordinance or other mechanism that addresses stormwater runoff and pollutant generating activities to its MS4 from any new development, redevelopment, and construction site activities. This applies to both private and public development, including roads. • Have in place a permitting process for residential and commercial site plan review, inspection, and enforcement capability necessary to implement the requirements of the Permit. • Have provisions in place to verify adequate long -term operation and maintenance (O &M) of new stormwater treatment and flow control BMPs /facilities permitted and constructed. Establish maintenance standards that are as protective as those in Chapter 4 of Volume V of the 2012 Stogy inwater Management Manual for Western Washington by December 31, 2016. • Make available as applicable copies of the "Notice of Intent for Construction Activity" and copies of the "Notice of Intent for Industrial Activity" to representatives of proposed new development and redevelopment. • Ensure proper staff is trained to conduct inspection and enforcement as necessary and provide follow -up training as needed to address changes in procedures, techniques, or staffing. Record and maintain records of training provided and a list of staff that have been trained. • Review and revise the City's development codes, standards and specifications to incorporate and require Low Impact Development (LID) principles and LID best management practices (BMPs) as the preferred method for development by December 31, 2016, • Participate in watershed -scale stormwater planning under condition S5.C.5.c of the Phase I Municipal Stormwater General Permit if required. At this time, King County has not selected Tukwila as a participant in the watershed -scale stormwater planning process. 25 • Track and document controlling runoff activities and summarize in the Annual Report. 4.2 Current Activities The City has an active program to reduce pollutants in stormwater runoff from new development, redevelopment, and construction sites that includes the following: • The City currently implements the 2009 King County Surface Water Design Manual as direction to address stormwater runoff and water quality for both public and private projects, including roads. • 1.-)irect representatives of proposed new development and redevelopment to the Department of Ecology's constnxtion stormwater web page: 17.tt1L//www,ec wa, and if applicable make available to the representatives a "Notice of Intent (NOI) for Indk.dstrial Activity". • Staff receives ongoing training on erosion control and LID techniques. • All construction sites are inspected prior to start, during, and post construction. This includes annual post-construction of all commercial and residential treatment and flow control BMPs/facilities whereby maintenance responsibility, standards and inspection procedures are addressed. • Document and maintain records of all new development and redevelopment and construction site activities, including inspections and enforcement actions. • Long-term operation and maintenance of stormwater control and water quality treatment is conducted. • Post-construction inspection of private stormwater systems are performed and documented. • Track and document Controlling Runoff activities and summarize in the Annual Report. 4.3 Planned Activities The City will continue all current activities and will implement the following activities for 20l 6: • To meet eqk.divalency to the 2012 1.-)OE Stormwater Management Mankml for Western Washington, the City will prepare to adopt the 2W6 King Cotmty Sk.drface Water 1.-)esign Mankml by 1.-)ecember 3l, 2016 as direction to address stormwater rkmoff and water qkmlity for both FnNic and private projects, incft ding roads, • Prepare to adopt by ordinance no later than 1.-)ecember 3l, 20f 6 to incorporate and reqk.dire principles and BMPs into development-related codes, rk.0es, standards or other enforceable dock.dments. • Contink.w training, • Post training events to the ity's web-page. • Review and improve, where applicable, the City's program to Control Runoff from New Development, Redevelopment and Construction Sites. • Track and document Controlling Runoff activities and summarize in the 201 6 Annual Report. 26 5. POLLUTION PREVENTION AND OPERATION AND MAINTENANCE FOR MUNICIPAL OPERATIONS 5.1 Permit Requirements The Permit (Section S5.C.5) requires the City to: • Implement an operations and maintenance program with the ultimate goal of preventing or reducing pollutant runoff from municipal operations. • Implement maintenance standards that are as or more protective, of facility functions than those specified in Chapter 4 of Volume V of the 2012 Stogy inwater Management Manual for Western Washington by December 31, 2016, • Conduct annual inspections of all municipally owned or operated permanent stormwater treatment and flow control BMPs /facilities, and conduct necessary maintenance actions that will meet City adopted standards. • Conduct spot checks, of City owned flow control and water quality facilities after major storm events, and repair if needed or perform any necessary maintenance. • Inspect all City owned catch basins and inlets at least once no later than August 1, 2017 and every two years thereafter. Clean catch basins if needed to comply with maintenance standards. • Maintain compliance with an established inspection program designed to inspect all sites, achieving at least 95% of inspections per requirements of the Permit. • Implement an operations and maintenance (O &M) program with the ultimate goal of preventing or reducing pollutant runoff from all lands owned or maintained by the City, including but not limited to, streets, parking lots, roads, highways, buildings, parks, open space, road right -of -ways, maintenance yards, and stormwater treatment and flow control BMPs /facilities. • Conduct ongoing training for employees whose primary construction operations or maintenance job functions may impact stormwater. Document and maintain records of training provided and the staff trained. • Provide a Stormwater Pollution Prevention Plan (SWPPP) for all City owned or operated heavy equipment maintenance or storage yards and material storage yards. A schedule for implementation of structural BMPs and periodic inspections shall be included in the SWPPP. • Maintain ongoing records of inspections, maintenance, or repairs conducted to meet performance measures. • Track and document O &M activities and summarize in the 201 6 Annual Report. 5.2 Current Activities The City of Tukwila's Operations & Maintenance program includes the following: Catch basins and conveyance system including flow and water quality facilities are inspected and cleaned on a circuit based program and as necessary annually. Video inspection is conducted to help investigate illegal connections, discharges, damaged and obstructed sections of pipe. Appropriate response and repairs are conducted. 27 • Staff maintains a list of potential problem areas that are monitored and maintained during and after major storm events. O &M training program and a SWPPP is in place at required locations. • Track and document O &M activities and summarize in the 2016 Annual Report. 5.3 Planned Activities The City has an active pollution prevention and operation and maintenance program conducted by the City's Surface Water Maintenance Division and will conduct the following activities in 20 6: • Prepare to adopt the 20 6 ling C:'otmty Sk.drface Water l:)esign Mankml implementing maintenance standards egkml. to 1:)OE's Chalal. er° 4 qf. Folu%n V (af' 1he 2012 S "lor m wal r° h!1(rn(rg rnenl h!1(rnnal f()r° Wesl r n W(rsGz nglon • Continue ongoing inspection and necessary maintenance of all water quality and flow control facilities, including catch basins owned and operated by the City. • Continue to monitor and maintain known problem areas after major storm events. • Continue with the City's street sweeping program helping to reduce the amount of sediment and associated waste from entering the storm drainage system, • Provide necessary training for City employees whose job functions may impact stormwater. • Document and maintain record of these activities. • Review the current SWPPP for compliance and update as necessary. • Continue with BMPs to reduce stormwater impacts associated with runoff from all municipal owned properties and operations. • Track and document O &M activities and summarize in the 20l6 Annual Report. 6. COORDINATION 6.1 Permit Requirements The Permit (Section S5.A.5) requires coordination between Departments within the City to eliminate barriers to compliance with the terms of this permit by: • The SWMP shall include coordination mechanisms among departments within each jurisdiction to eliminate barriers to compliance with the terms of this permit. 6.2 Current Activities Coordination activities include the following: • Engineering has identified NPDES Permit coordination contacts within the City. • Internally, engineering staff has a lead role in coordinating Permit requirements with public and private stormwater related activities among City departments. Most all departments are affected by the Permit requirements and key departments have significant contributions to improve and reduce stormwater runoff. • Pre - application review meetings are scheduled at the time of a pre- application project submittal. These meetings are attended by all key City departments as well as the applicant. 28 • The City uses a formal process by distributing a routing slip to ascertain each department has the opportunity to assign appropriate staff for review of each proposed project. • Development review meetings occur weekly, where permit requirements are identified. Review meetings are attended by the NPDES Coordinator, Development Engineers and other key staff • Externally, City projects that impact interconnected MS4s are coordinated on an informal basis. Staff coordinates with WSDOT, King County, Kent, Renton, Burien and Sea Tac. • Private property projects that will connect to a neighboring City's storm drainage facility are referred to that particular City for approval. • SEPA is an additional mechanism used to coordinate with other jurisdictions. • The City's stormwater map is made available to those jurisdictions with interconnected MS4s. • All efforts are made by the City to play an active role in various NPDES regional coordination groups. An NPDES contact list which includes both Phase I and Phase II Permittees is maintained and updated when necessary. • In addition, Tukwila's Operations and Maintenance performs a lead role interacting internally and with neighboring jurisdictions with physically interconnected MS4s. A contact coordination list is maintained and updated as necessary. 6.3 Planned Activities Coordination efforts include: • The City will continue coordination efforts internally and with neighboring cities and jurisdictions. • Issue an internal memorandum of mandated NPDES updates ensuring each department understands the Permit requirements. • Provide a gap analysis to determine specific coordination needs. • Summarize this year's Coordination efforts in the Annual Report. 29 7. COMPLIANCE WITH TOTAL MAXIMUM DAILY LOAD REQUIREMENTS The Permit (Section S7) requirements apply if an applicable Total Maximum Daily Load (TMDL) is approved for stormwater discharges from MS4s owned or operated by the Permittee. Applicable TMDLs are TMDLs which have been approved by EPA on or before the issuance date of this Permit or prior to the date that Ecology issues coverage under this permit, whichever is later. A TMDL is a calculation of the maximum amount of a pollutant that a water body can receive and still safely meet water quality standards. The DOE determines the reduction of pollutant discharge needed to be compliant with water quality standards. A TMDL has not been established for the City of Tukwila at this time, consequently no action needed. 8. MONITORING AND ASSESSMENT The Permit (Section S8) requires the City to: Notify DOE of its choice to independently conduct Status and Trends Monitoring and Effectiveness Studies, or participate by paying annually into the Regional Stormwater Monitoring Program (RSMP) that will be conducted by DOE. Pay into the RSMP to implement the Source Identification Information Repository (SIDR) element of the RSMP. Track and Document additional monitoring conducted and summarize in the 2015 Annual Report. 8.2 Current Activities The City of Tukwila has chosen to pay into the RSMP and have DOE conduct the Status and Trends Monitoring and Effectiveness Studies. In addition the Permit requires the City to pay into the RSMP to implement the SIDR element. 8.3 Planned Activities The City of Tukwila met its payment obligation for Ak.dgk.m 15, 2015 throk.dgh Ak.dgk.m 15, 201 6. Payments into the RSMP will be made by August 15 of each following year for his Permit term. 30 On August 1, 2013, the City of Tukwila's new 5 -year term NPDES Phase II permit went into effect and was modified January 16, 2014. This Surface Water Management Program Plan has been prepared to demonstrate compliance with the requirements of this current NPDES Phase II Permit. This SWMP Plan will be a working document with updates annually until the permit expires on July 31, 2018. LID and monitoring requirements are the significant changes to the new Permit. The City's Public Education and Outreach Program is an extension of the previous permit term and will continue to grow with the planned activities. The City of Tukwila will continue to reach out and encourage public involvement and participation in the City's SWMP Plan with the existing notification process. The City's IDDE Program is in place, which includes a spill hotline, and will be reviewed periodically to ensure performance measures are met. The City ckdrrentl.y implements the 2009 Sk.drface l: -)esign Water Mankml and will adopt the 2W6 6 Mankml by December 3l, 2016, for controlling rkmoff from new development, redevelopment, and constrk.wtion sites. Also, the City will prepare to adopt meask.dres which will be mandated by December 3l, 2016. The City of Tukwila's Operations & Maintenance (O &M) is very active in all areas of permit compliance. It should be noted; The 20 f 6 King C';otmty Sk.drface Water l: -)esign Mankml have new maintenance standards that O &M will follow, The City is preparing to adopt these standards by December 3l, 2106. Coordination efforts will continue with neighboring jurisdictions and be reviewed to determine where improvements are needed to remove jurisdictional barriers. Total Maximum Daily Load requirements in Tukwila have not been determined by DOE to date. However, the City will prepare for this requirement if and when it comes due. The City chose to participate in the RSMP collective fund and have DOE administer and conduct the Monitoring and Assessment for this Permit term. Additional information on the City's NPDES program can be found online at http://www.tukwilawa.gov/pubwks/npdes.html. The public is encouraged to participate in the development of the SWMP Plan. Please contact Greg Villanueva of the City of Tukwila's Public Works Department with questions, comments, or ideas at: Mail: Greg Villanueva, NPDES Coordinator Department of Public Works City of Tukwila 6300 Southcenter Blvd, Suite 100 Tukwila, WA 98188 -8548 Phone: 206 - 431 -2442 Email: greg.villanuevaL&tukwilawa.gov Website: www. tukwilawa .gov /pubwkds.npdes.html WAPW Eng\PROJECTS\A- DR Projects\NPDES Program (99341210)\Annual Reports and Surface Water Management Programs \2015 SWMP \2015 Draft SWMP.doc 31 32 City of Tukwila Allan Ekberg, Mayor TO: Utilities Committee FROM: Jack Pace, Department of Community Development Director BY: Rebecca Fox, Senior Planner CC: Mayor Ekberg DATE: March 8°2O16 SUBJECT: Coordinated Prevention Grant for Recycling Program ISSUE Council approval is required to authorize Mayor Ekberg to sign aninterlocal agreement, and accept $18,70Oi$14'O7O grant +$4,89O local match) iO recycling funds from the Washington Department OfEcology. BACKGROUND Tukwila has been awarded a Coordinated Prevention Grant (CPG) from the Washington Department Of Ecology iO fund TUkwi|8,G Recycling Assistance program through June 30.2017. Tukwila regularly obtains this grant, as well as a grant from King County, to support the [eCVC|iDg pn]g[8Ol. Tukwila uses the King County recycling grant iO provide the 25%local Dl8iCh that the CPG grant requires. TUkVVi|@`S Recycling A8SiGt8OCe P[Og[GDl is financed entirely through outside grants rather than with City Of Tukwila funds. ASigDBd iDi8dOC8| agreement iS required tO accept the grant money. DISCUSSION The CPG grant funds will be used as follows: * Residential Recycling /7,DD0total total combines DOE grant and 25% required local match) Hold drop-off events for Tukwila residents iD2O1U and 2O|7tO collect and recycle h8[d-tO- [eCVC|8 goods /i.e. d[8S, furniture, bulky yard debris, SiDkG' appliances, Styrofoam, LeX1i|8S * Commercial Education and Outreach /,76D) total r total combines DOE grant and 25% required local match) Provide support for Tukwila businesses and multi-family complexes to start and improve recycling and waste prevention practices. FINANCIAL IMPACT The Coordinated Prevention Grant (CPG) from the Washington Of Ecology (D{}E) totals 8 maximum allowable cost [f $18,760. The State grant share is $14'070. Funds from 8 Waste Reduction Recycling NV[\R\ grant from King County will provide $4,89O for the required 25% local share/match. NO direct City Vf Tukwila funds are used. RECOMMENDATION The Council ia being asked k} forward the intSdO:a agreement to the Regular Meeting 0n March 21, 2016 for approval on the consent agenda. 33 ]IMMUMMININT1 Agreement No. W2RCPG-1517-THkCDD-00009 WASTE 2 RESOURCES COORDINATED PREVENTION GRANT PROGRAM AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND CITY OF TUKWILA 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 Tukwila, 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: 2015-17 CPG City of Tukwila IMP $20,668.00 $18,760.00 $14,070.00 $4,690.00 07/10/2015 06/30/2017 Implementation Project Short Description: The City of Tukwila will use a $18,760 grant to provide Tukwila businesses with information and assistance regarding recycling, waste prevention, and recycled-content products. Furthermore, residents will have access to an annual event to which they may bring hard-to-recycle items for proper reuse or recycling. Over the two-year grant period, an estimated 40 tons will be diverted via approximately 900 business and residential participants. Project Long Description: N/A Overall Goal: Provide regional solutions and intergovernmental cooperation; prevent or minimize environmental contamination through planning and project implementation; and comply with state and local solid and hazardous waste management plans and laws. 34 ECOLOGY State of Washington Agreement No. W2RCPG-1517-THkCDD-00009 WASTE 2 RESOURCES COORDINATED PREVENTION GRANT PROGRAM AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND CITY OF TUKWILA 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 Tukwila, 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: 2015-17 CPG City of Tukwila IMP $20,668.00 $18,760.00 $14,070.00 $4,690.00 07/10/2015 06/30/2017 Implementation Project Short Description: The City of Tukwila will use a $18,760 grant to provide Tukwila businesses with information and assistance regarding recycling, waste prevention, and recycled-content products. Furthermore, residents will have access to an annual event to which they may bring hard-to-recycle items for proper reuse or recycling. Over the two-year grant period, an estimated 40 tons will be diverted via approximately 900 business and residential participants. Project Long Description: N/A Overall Goal: Provide regional solutions and intergovernmental cooperation; prevent or minimize environmental contamination through planning and project implementation; and comply with state and local solid and hazardous waste management plans and laws. 34 State of Washington Department of Ecology Agreement No: W2RCPG-I 517JUkCDD-00009 Project Title 2015-17 CPG City of Tukwila IMP Recipient Name City of Uk-mla ECOLOGY INFORMATION Mailing Address: Department of Ecology Waste 2 Resources PO BOX 47600 Olympia, WA 98504-7600 Physical Address: Waste 2 Resources ' ) 00 Desmond Drive SE Lacey, WA 98503 Contacts Page 3 of 20 Version 10/30/2015 35 Diana Wadley Project Manager 3190 160th Ave SE Bellevue, Washington 98008-5452 Email: dwad461@ecy.wa.gov Phone: (425) 649-7056 Diana Wadley Financial Manager 3 190 160th Ave SE Bellevue, Washington 98008-5452 Email: dwai:1461@ecy.wa.gov Phone: (425) 649-7056 Version 10/30/2015 35 State of Washington Department of Ecology Agreement No: v2cc»u'/517-TuuCoo-00009 Project Title. zo/s'/7Cp0 City vfruuwi|uIMP Recipient Name cuy^rum"/u SCOPE QfWORK Task Number: I Task, Cost: $1,760.00 Task Title: Commercial Education and Outreach Support Materials Task Description: RECIPIENT will provide Tukwila businesses, including City of Tukwila �cUdieo and possibly somcmuUi8amik complexes, with materials such uo printed information and/or indoor containers, that support oo�oinguu�ouc6and education efforts in recycling, waste prevention, use of recycled-content products, contarnination reduction, and/or how to achieve good results. RECIPIENT will ensure equal opportunity for all entities providing collection o[ one or more traditional commercial recyclables (for example bottles, cans, paper, and, separately, organics) for recycling within its jurisdiction. For example, all educational materials provided to commercial facility representatives will list all available collection services and present them ino fair manner. RECIPIENT shall make contact with representatives of all the companies providing commercial recycling services in the RECIPIENT's jurisdiction at least once a year to ensure tile service and contact information shown oo outreach materials remains accurate. RECIPIENT shall obtain ECOLOOY`o approval for all grant-funded mmmuuicatioomatoialymdmmocnts related to the fulfillment of this Agreement, per section 18 of the General Terms and Conditions of this Agreement. This Coordinated Prevention Grant will pay for a portion of the activities described of this task. & King County Solid Waste Waste Reduction/Recycling (VVDO) Grant will 6c used for the 25Y6 match, uy well os other tasks that are not identified in this Agreement. Task Goal Statement: The goal uf this task is to support outreach efforts to reduce waste produced by businesses, increase Tukwila recycling rates and participation of businesses and multifamily complexes/residents, and to ensure the businesses and multifamily residents are recycling the correct items unoitc. Task Expected Outcome: Over the two-year grant period, an estimated 2`000 businesses will 6c contacted via postal mail coemail. /\sa result of the contact, his expected that approximately l006usincyycswiUpacdc' ate inTukvv6`s assistance program. The RECIPIENT will survey selected business participants via email to determine which assistance they found the most or least helpful, and what changes, if any, they made to their practices as a result. a�5m20 Version 10/30/2015 36 State of Washington Department of Ecology Agreement No W2RCPG- 1517- TLIkCDD -00009 Project Title: 2015 -17 CPG City of Tukwila IMP Recipient Name City of Tukwila SCOPE OF WORK Task Number: 2 Task Cost: $17,000.00 Task Title: Recycling Collection Event - Residential Task Description: RECIPIENT will offer residents the opportunity to self -haul unusual recyclable and reusable materials to a temporary drop site, open one day for approximately six hours during spring 2016 and 2017. Materials targeted for collection may include, but are not limited to: tires, metal, wood, sinks /toilets, polystyrene foam, large branches (not grass or leaves), household items, appliances, and furniture. Additional materials may be included as budget and markets allow. This task also includes development and distribution of promotional materials in a variety of formats to encourage participation. Participants may pay some or all of the fees associated with handling, hauling or recycling various materials. The RECIPIENT will credit the grant for any revenue received from the collection of fees or commodity sales on items the grant is supporting. RECIPIENT shall obtain ECOLOGY's approval for all grant - funded communication materials or documents related to the fulfillment of this Agreement, per section 18 of the General Terns and Conditions of this Agreement. RECIPIENT will ensure costs eligible under the E -Cycle Washington, LightReeycle Washington, and /or Call2Recycle program are not charged to this grant, if items covered under those programs are collected. This Coordinated Prevention Grant will pay for a portion of the activities described of this task. A King County Solid Waste Waste Reduction /Recycling (WRR) Grant will be used for the 25% match, as well as other tasks that are not identified in this Agreement. Task Goal Statement: RECIPIENT will collect "hard to recycle" items for recycling and reuse, and prevent them from going into the landfill. Task Expected Outcome: Over the two -year grant period, the following estimated waste amounts will be diverted via these methods: 4 tons as moderate risk waste, 33 tons as recycle /reuse, and 3 tons as organics. This will be accomplished via some 800 households participating over the two years from a pool of 7,600 contacted each year. Page 7 of 20 Version 10/30/2015 37 State of Washington Department of Ecology Agreement No W2RCPG-I 517-TukCF)D-00009 Project Title 2015-17 CPG City offuk�t ila IMP Recipient Name. City of-FuWila BUDGET Funding Distribution EG160281 Page 9 of 20 NOTE: The above funding distribution number is used to identify this specific agreement and budget ore payment remittances and may be referenced on other communieationsfrom ECOLOGY )bur agreement may have multiple finding distribution numbers to identify each budget. Funding Title: State Building Construction Account (SBCA) Funding Type: Grant Funding Effective Date: 07/10/2015 Funding Expiration Date: 06/30/2017 0 4� Funding Source: Title: State Building Construction Account (SBCA) Type: State Funding Source %: 100% Description: Approved Indirect Costs Rate: Approved State Indirect Rate: 25% Recipient Match %: 25% InKind Interlocal Allowed: Yes InKind Other Allowed: No Is this Funding Distribution used to match a federal grant? No State Building Construction Account (SBCA) Task Total Commercial Education and Outreach Support Materials 1,760.00 Recycling Collection Event - Residential 17,000.00 Total: S 18,760.00 Version 10/30/2015 38 State of Wash in .-tm Department ofEcology A:Tecmrmwo n2ncro'1517-ruuCon'00009 Project Title unn-/7cpo City vrTuu,uuIMP Recipient Name, cit�urTAw/* Page o urum DSCIBBNDC0NTD ACTOR acknowledges that failing m disclose the information required in the Code of Federal Regulations may result io the delay or negation uf this funding agreement, orpursumuceof|ega| remedies, including Suspension and debarment. RECIPIENT/CONTRACTOR agrees to keep proof io its agncmcu|filc.that it, and all lower tier recipients or contcuu1o/o`arenotsuypendod or debarred, and will make this proof available to ECOLOGY before requests for reirnbursernents will be approved for payment. RECIPIENT/CONTRACTOR must run a search in ±]l� ondyrintaonpyo[uocnD}o1cdscurchcytodocumcuiProofofcomp|ianoe. B. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) REPORTING R17 UIREMENTS: |PlByTmostcomplete the FF)Y7A Data Collection Form (BCYO7U-395) and return h with the signed agreement to ECOLOGY. Any OON BBNTfhatmcets each of the criteria below must report compensation for its five " Receives more than $2l00Oiofederal funds under this award. " Receives more than 80 percent oF its annual gross revenues from federal 6uuJo. Receives more than $25,000,000 in annual federal ftinds. Ecology will not pay any invoices until it has received a completed and signed FFATA Data Collection Form. Ecology is required ioreport thcPTAJ}\inGxmutioufovfednru|y6udedogrecmunts,inu|mbngduo@uimJDDNS number, at within 30 days of agreement signature. The FCADAiofoonoiion will be available to the public at For more details mPGAT&oquiremcms,00e Version 10/30/2015 39 State ofWauinston Department of Ecology Agreement No x2xcpo-/517-Tuunon0009 Project Title, zon'ncpo City ocToun/uIMP Recipient Name, Cit) ofTLIk--,Nila Page nm20 RECIPIENT. ECOLOGY must si—i2n the Agreement before any payment requests can 6csubmitted. 6) Payments will 6c made unu reimbursable 6asis for approved and completed work as specified io this Agreement. o) RECIPIENT is responsible to determine if costs are eligible. Any questions regarding eligibility should be clarified with ECOLOGY prior iu incurring ooy(o. Costs that are conditionally eligible may require approval by ECOLOGY prior 1opurchase. J) 82C|P|ENTahall not invoice more than once per month unless ug/ucd on by ECOLOGY. e) 8COLVGl/ni||nwproxcsypuymco\/rqocotswidzouttheppoperrcimburscooco1[brms'Yno&rcssDcpodaod supporting documentation. ECOLOGY will provide instructions for submitting payment requests. 1) 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 ofEnterprise Services' Statewide Payee Desk. RECIPIENT must register as o payee 6y submitting o Statewide Payee Registration form and an IRS VV-9 form at thcn/c6sde, kttp://ww*.dos.nm.8ov/aerviccy/ControodngPuro6usiog8\uaincyo/VenJorPay/Pa8co/Ju{buU.oapx. For any questions about the vendor registration process contact the Statewide Payee Help Desk at (360)48?-D}8O or email poycckc|pJosk(aJcs.wa.gov. h) ECOLOGY may, at its sole discretion, withhold payments claimed 6y the RECIPIENT ifthe RECIPIENT fails to satisfactorily comply with any 1crm or condition o[ 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 i[ at ECOLDOY'u on|c discretion, such payment is reasonable and approved according to this Agreement, as appropriate, or upon completion of an audit as specified herein. j) RECIPIENT should subrnit final requests for compensation within thirty (30) days after the expiration date of this Agreement. Failure to comply may result iudelayed reimbursement. 7. COMPLIANCE WITH ALL LAWS RECIPIENT agrees nm comply fully with all applicable Federal, State and local laws, orders, regulations and permits related to this Agreement, including but not limited to: u) RECIPIENT agrees (o comply with all applicable laws, regu|udoua,uodpo|icicsnftheDotedBtateyunJthe8tate of Washington which affect wages and job safety. 6) RECIPIENT agrees tnbcbound by all federal and state laws, regulations, and policies against discrimination. c) RECIPIENT certifies full compliance with all applicable state industrial insurance requirements. d) RECIPIENT agrees to secure and provide assurance to ECOLOGY that all the necessary approvals and permits required hy authorities having jurisdiction over the project are obtained. RECIPIENT must include time io their project timeline for the permit and approval processes. ECOLOGY shall have the right io immediately terminate for cause this Agreement an provided herein iEthe RECIPIENT fails to comply with above requirements. |f any provision of this Agreement vimkatcsunysta1ut cx rule o[ law of the state uf Washington, bisconsidered modified to conform to that statute or rule uflaw. 8. CONFLICT UFINTEREST RECIPIENT and ECOLOGY agree that any officer, member, agent, memployee, who exercises any function or responsibility in the review, approval, or carrying out ofthis Agreement, shall not have any personal o«financial interest, direct or indirect, nor affect the interest of any corporation, partnership, or association in which he/she is a part, iu this Agreement or the proceeds thereof. 4. CONTRACTING FOR GOODS AND SERVICES RECIPIENT may contract to buy goods or services related to its performance under this Agreement. RECIPIENT shall version 10a0o015 State ofWauing-tou Department ofcmmgy Agreement No. x2ncrc'|517-TuwCoo`00009 Project Title 2oo'|7cpe City vrr"xxmIMP nec/»/entmumc cxyofT"I<w|u d RECIPIENTS must prepare a Quality Assurance Projectylau(OA9P)wbunmpuojectiuvolvestheooOucbouof environmental measurement data. QAPP isto ensure the consistent application of quality assurance principles to the planning and execution of all activities involved iu generating data. RECIPIENTS must follow 2COLOGT`a Guidelines for Preparing Quality Assurance Project Plans for Environinental Studies, July 2004 (Ecology Publication No. 04-033-030). ECOLOGY shall review and approve the QAPP prior to start of work. The size, cost, and complexity of the 0/\Py should 6cin proportion 10 the mn�oi(udcof the sampling cffod. l2. GOVERNING LAW This Agreement will 6c governed by the laws o[ the State uf Washington, and the venue of any action brought hereunder will bcin the Superior Court o[ Thurston County. 13. INDEMNIFICATION ECOLOGY will incm way bu held responsible for payment o[ salaries, consultant's fees, and other costs related tothe project described herein, except as provided in the Scope of Work. To the extent that the Constitution and laws of the State of Washington perinit, each party will indemnify and hold the other harmless frorn and against any liability for any or all injuries to persons or property arising frorn the negligent act or omission of that party mthat party's agents m employees arising out of this Agreement. )4. INDEPENDENT STATUS m.-e 15 ofau The employees, volunteers, or agents of each party who are engaged in the performance of this Agreement will continue tnbc employees, Volunteers, nr agents of that party and will not for any purpose bc employees, volunteers, nrogenbo[ 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. l6. MINORITY AND WOMEN'S BUSINESS ENTERPRISES (NWBE) RECIPIENT iy encouraged to solicit and reombtoUecxtunt possible, certified minority-owned (M0E) and women-owned (WBE) businesses in purchases and contracts initiated under this Agreement. Contract awards or rejections cannot he made based onK4WBB participation; however, the RECIPIENT isencouraged |n 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. b) Divide the total requirements, when economically feasible, into smaller tasks or quantities, to permit maximum participation 6yquulifimJ minority and women's businesses. o) Establish delivery schedules, where work requirements permit, which will encourage participation ofqualified minority and women's businesses. 6) Use the services and assistance ofthe Washington State Office of Minority and Women's Business Enterprises (OM\,r8E)(Q66-203-lO64) and the Office of Minority Business Enterprises of the D.8. Department oF Commerce, ao appropriate. 17. ORDER OF PRECEDENCE In the event ufinconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by Version /oa000/o 41 State of Washington Departinent of Ecology Agreement No W2RCPG- 1517- TukCDD -00009 Project Title: 2015 -17 CPG City of Tukwila IMP Recipient Name City ofTukwila Page 17 of 20 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. 0 Acquisition Projects. The following provisions shall apply if the project covered by this Agreement includes funds for the acquisition of land or facilities: a. RECIPIENT shall establish that the cost is fair value and reasonable prior to disbursement of funds provided for in this Agreement. b. RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to disbursement of funds provided by this Agreement. Such evidence may include title insurance policies, Torrens certificates, or abstracts, and attorney's opinions establishing that the land is free from any impediment, lien, or claim which would impair the uses intended by this Agreement. g) Conversions. Regardless of the agreement expiration date, the RECIPIENT shall not at any time convert any equipment, property, or facility acquired or developed under this Agreement to uses other than those for which assistance was originally approved without prior written approval of ECOLOGY. Such approval may be conditioned upon payment to ECOLOGY of that portion of the proceeds of the sale, lease, or other conversion or encumbrance which monies granted pursuant to this Agreement bear to the total acquisition, purchase, or construction costs of such property. 21. RECORDS, AUDITS, AND INSPECTIONS RECIPIENT shall maintain complete program and financial records relating to this Agreement, including any engineering documentation and field inspection reports of all construction work accomplished. All records shall: a) Be kept in a manner which provides an audit trail for all expenditures. b) Be kept in a common file to facilitate audits and inspections. c) Clearly indicate total receipts and expenditures related to this Agreement. d) Be open for audit or inspection by ECOLOGY, or by any duly authorized audit representative of the State of Washington, for a period of at least three (3) years after the final grant payment or loan repayment, or any dispute resolution hereunder. RECIPIENT shall provide clarification and make necessary adjustments if any audits or inspections identify discrepancies in the records. ECOLOGY reserves the right to audit, or have a designated third party audit, applicable records to ensure that the state has been properly invoiced. Any remedies and penalties allowed by law to recover monies determined owed will be enforced. Repetitive instances of incorrect invoicing or inadequate records may be considered cause for termination. All work performed under this Agreement and any property and equipment purchased shall be made available to ECOLOGY and to any authorized state, federal or local representative for inspection at any time during the course of this Agreement and for at least three (3) years following grant or loan termination or dispute resolution hereunder. Version 10/30/2015 42 State of Washington Department of Ecology Agreement No W2RCPG- 1517= rukCDD -00009 Project'I"itle: 2015 -17 CPG City of l"L&W la IMP Recipient Name. City of'lhkwila 27. TERMINATION a) For Cause 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. 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. 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 Page 19 of 20 Version 10/30/2015 43