HomeMy WebLinkAboutUtilities 2009-08-25 COMPLETE AGENDA PACKET is Distribution: J. Morrow S. Hunstock
C ity of Tuk �r q B. Giberson S. Kerslake
s der F. Iriarte M. Miotke
Utilities Committee P. Brodin J. Pace
Mayor Haggerton G. Labanara C_J;"isH
J u..- R. Larson
E Kathy Hougardy, Chair R. Berry M. Cusick
�AAa"_ P. Lau
4- F�1e -Eory�r
Pam Linder D. Speck M. Mathia Single side to Dana
C. O'Flaherty S. Anderson 3 Extra Copies
Dennis Robertson
M. Hart J. Howat e -mail to Saxton,Hart
S. Norris B. Still C. O'Flaherty, Narog,
S. Norris and S. Kirby
AGENDA
TUESDAY, AUGUST 25, 2009
Time: 5:00 PM Place: Conference Room #1
item Recommended Action Page
I. Current Agenda Review I.
II. Presentation(s) II.
III. Business Agenda III.
A. Howard Hanson Dam Flood Response Plan A. Forward to 9/14/09 C.O.W. Pg• 1
Resolution Declaring Surplus Property akd`l /21 /09
B. Gilliam Creek Basin Stormwater Overflow B. Forward to 9/14/09 C.O.W. Pg. 5
Bid Award and 9/21/09 Regular
C. 2009 Annual Small Drainage Program C. Forward to 9/14/09 C.O.W. Pg. 11
King County Interlocal Cooperation Agreement and 9/21/09 Regular
IV. Old Business IV.
Future Agendas:
Next Scheduled Meeting: Tuesday, September 15, 2009
Committee Goals:
Study the feasibility and implementation of televised City Council meetings.
Continue to foster relationships within local, regional, and state entities that encourage opportunities for
joint partnership and outreach.
S The City of Tukwila staves to accommodate individuals with disabilities.
Please contact the Public Works Department at 205- 433 -0179 for assistance.
City of Tukwila
TO: Mayor Haggerton
Utilities Committee
Attachments: Draft Resolution
Vicinity Map
INFORMATIONAL MEMORANDUM
FROM: Public Works Director Ttil
DATE: August 18, 2009
SUBJECT: Howard Hanson Dam Flood Response Plan
Project No. 10901301
Resolution Declaring Surplus Property
Jim Haggerton, Mayor
ISSUE
Declare the log cabin at 5829 S 140 St (Parcel No. 3365901016) as surplus by Resolution so it
can be demolished and a flood fighting project can be constructed.
BACKGROUND
The City of Tukwila previously rented out the residential structure (log cabin) on S 140 St. The
cabin requires extensive repairs and restoration would be too costly. The cabin could also be a
significant risk and liability to the City.
ANALYSIS
A resolution is required to surplus this property. If approved, staff will proceed with an asbestos
survey and preparation of bid documents for demolition. After bid award, the structure will be
demolished and the site regraded.
This property is located at the east end of South 140 St, which is a low spot on the west bank
of the Duwamish River. Working with the Army Corps of Engineers and King County Flood
Control District, staff would be able to install a low -cost demonstration project for an advance
measures flood protection system. This flood protection may include minor clearing, grading
and installation of sand filled wire baskets along the river.
RECOMMENDATION
The Council is being asked to approve the Resolution and consider this item at the September
14, 2009 Committee of the Whole meeting and subsequent September 21, 2009 Regular
meeting.
fib' \PW Eng \I \II RCiLNCY UPS '\I IIID Flood Response Plan 1090130I'Info \Irmo Log Cabin Surplus Resolution doc
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DECLARING THE PROPERTY LOCATED AT 5829
SOUTH 140Th STREET IN TUKWILA AS SURPLUS.
WHEREAS, the City of Tukwila owns real property at 5829 South 140th Street in
Tukwila, Washington, also identified as King County Parcel Number 3365901016; and
WHEREAS, the residential structure on the subject property is in very poor
condition; and
WHEREAS, the adjacent river bank of the Duwamish River is a known low spot
with flooding potential for the South 140th Street neighborhood, including the City of
Tukwila's George Long Shops and part of Interurban Avenue South; and
WHEREAS, TMC Chapter 2.64 provides for the disposition of surplus property.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. Declaration of Surplus. The residential structure at 5829 South 140th
Street in Tukwila, Washington, is hereby declared surplus.
Section 2. Demolition of Surplus Structure. Staff is hereby authorized to proceed
with the preparation of bid documents 'to advertise for construction bids to demolish
the unsafe structure at 5829 South 140th Street in Tukwila, Washington. Standard bid
advertisement and award procedures will be followed.
Section 3. Flood Advance Measure Demonstration Project. Staff is hereby
authorized to proceed with the installation of a demonstration project for an advance
measures flood protection project that may include minor clearing, grading and
installation of sand filled wire baskets.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Council Meeting thereof this day of 20
ATTEST/ AUTHENTICATED:
Christy O'Flaherty, City Clerk
APPROVED AS TO FORM BY:
Office of the City Attorney
DRAFT
Joan Hernandez, Council President
Filed with the City Clerk:
Passed by the City Council:
Resolution Number:
Resolution Surplus Log Cabin.docResolution Surplus Log Cabin.doc
8/19/2009 Page 1
George Long Shoos
Golf /Parks Maintenance
Log Cabin
5829 S 140th
(AP #3365901016)
t
N
CityGis
132 ft
Copyright p 2006 All Rights Reserved. The information contained herein is the proprietary property of the
contributor supplied under license and may not be approved except as licensed by Digital Map Products.
City of Tukwila
TO: Mayor Haggerton
UTILITIES COMMITTEE
FROM: Public Works Directoriri)
DATE: August 19, 2009
INFORMATIONAL MEMORANDUM
SUBJECT: Gilliam Creek Basin Stormwater Overflow
Project No. 03 -DRO9
BID AWARD
ISSUE
Award the bid for construction of the Gilliam Creek Basin Stormwater Overflow.
Jim Haggerton, Mayor
BACKGROUND
This project is not currently budgeted for construction until 2013 but is proposed for construction
in 2009 in response to the problems at Howard Hanson Dam. Additional flows from the dam
may lead to flooding in Gilliam Creek and affect the Tukwila Urban Center. This project will
construct an 18" overflow pipe along Strander Blvd between the intersections of Andover Park
West and Andover Park East. This overflow pipe will allow the Gilliam Creek Basin to drain to
the Strander Blvd Pump Station to reduce potential flooding associated with high river events.
The project was advertised for bids on August 5 and 12, 2009 and nine bids were received and
opened on August 19, 2009. Reed Trucking Excavating, Inc. is the low bidder with a bid of
$360,530.00. The engineer's estimate was $376,825.00.
ANALYSIS
The bids were reviewed and tabulated. No errors were found. Reed Trucking Excavating
Inc's references were checked and found to be satisfactory.
BUDGET AND BID SUMMARY (All amounts include sales tax.)
Bid Results Estimate *Budget
Construction 360,530.00 376,825.00 0
Contingency (20 72,106.00 75,365.00 0
Total 432.636.00 452.190.00 0
*Funding for this project is not programmed until 2013 and will come from the Surface Water Fund's
ending fund balance.
RECOMMENDATION
Due to the urgency of this project, the Council is being asked to award the construction of the
Gilliam Creek Basin Stormwater Overflow project to Reed Trucking Excavating, Inc. in the
amount of $360,530.00 at the September 8, 2009 Regular Meeting.
Attachments Bid Tabulation
CIP Sheet
W \PVd Eng \PROJECTS\A- DR Protects \03 -DR09 (Gilliam Creek Basin Stormwate: Overflow); Into Memc Bid Award doc
Owner: City of Tukwila
Project: Gilliam Creek Basin Sformwater Overflaw
Engineers: PACE Engineers. Inc.
ITEM ITEM OR
NO. TASK DESCRIPTION
,I
I,
2
3
4
1 5
6
7
I8
19
i 10
11
12
13
14
15
16
17
18
19
1 20
21
22
23
ROADWAY
11 -inch HMA 1/2" Patch
TRAFFIC CONTROL DEVICES
Traffic Control Devices
Loop Detector. 6 -foot Diameter
Plastic Arrow
Plastic Stripe
Raised Pavement Markers Type 1, Type 2
ROADSIDE DEVELOPMENT
Property Restoration
STORM DRAINAGE
Contractor- Supplied Surveying and Staking
Temporary Water Polution/Erosion Control
Mobilization
Resolution of Utility Conflicts
Pothotnq
Traffic Control Labor (Min, $35 /hr)
Uniformed Police Officer
Abandon Storm Drain Structure
Trench Excavation Protection
Storm Drain Pipe, 24 -inch Diameter
Catch Basin. Type 2, 54 -inch
Catch Basin, Type 2, 60 -inch with canal gate
Catch Basin. Type 2. 72 -inch
Connection to Drainage Structure
Plug Existing Storm Drain
Monument, Casing and Cover
Sales Tax included in Unit and Lump Sum prices per Rule 171
Gilliam Creek Bid Tab 8-19-09.xls
ENGINEER'S ESTIMATE
QUANTITY
NO. UNIT UNIT UNIT
UNITS PRICE COST PRICE COST
1,160 SY $6400 574,240.00 $60.00 $69,600.00
1 LS 57.000,00 37,000 00 $5,000 00 95.000 00 $10,000.00 I 510.000 00
2 EA 5400.00 5800,00 51,000.00 52,000.00 5740,00 51,480.00
13 EA $95,00 $1,23500 3170.00 02,210.00 $165.00 92.145
100 LF $3.00 5300.00 $6 50 $650 00 $7.00 $700.00
20 100 5185.00 $3.70000 $1.00 520.00 $510.00 $10,200.00
1 FA 55.000.00 $5,000.00 55,000.00 $5,000.00 35,000.00
1 LS 53,000.00 83,000,00 53,800.00
1 FA 02,000.00 32,000,00 $2,000.00
1 LS $35.000.00 535.000 00 530,000.00
1 FA 55.000.00 $5,000.00 $5,000.00
1 FA 52,300 00 $2,300.00 $2,300 00
350 Hour 1 535.00 512,250.00 $35 00
175 Hour 1 $80 00 514,000,00 550,00
1 EA 1 $500 00 5500.00 $2,500,00
1 LS 515,000.00 $15,000.00 55,000,00
1030 LF 0150,00 5154,500.00 1 5165,00
2 EA 54,500.00 89,000,00 11 $5,000.00
2 EA i t $10,200 00 520,400.00 1 $6,000 00
1 EA 1 59 000.00 59,000,00 $10,000.00
1 EA 51.000,00 $1,000.00 11 5500,00
2 EA 0300.00 5600.00 1
2 EA 5500,00 $1,000 00 5750 00
Subtotal $376,825.00 $360,530.00
TOTAL BID $376,825.00 5360,530.00
REED TRUCKING 8 r ARCHER CONSTRUCTION I SCI INFRASTRUCTURE LLC 11 RODARTE CONSTRUCTION I ROAD CONSTRUCTION NW MOSBRUCKER
EXCAVATING
UNIT UNIT UNIT UNIT UNIT
PRICE COST PRICE COST II PRICE COST PRICE COST PRICE
582,00 $95.120.00 871,50 082.940,00 575.00 $87,000.00 858,25 867,570.00 1 $62.00
53,800.00 $2,200.00
32,000.00 $2.000.00
$30,000 00 538,000.00
35,000.00 $5.000.00
52,300.00 $2,300.00
512,250.00 $45.00
58,750 00 $125.00
52,500.00 I $2,000.00
55,000.00 1 53,500.00
5169,950 00 11 5120,00
510,000.00 11 $5,700.00
$12.000 00 1 $9,420.00
510,000.00 1 $10,750.00
5500,00 11 52,150.00
5500.00 11 $670.00
$1,500.00 11 $930 00
11
$5,000 00
52,200 00
32.000,00
538,000.00
55,000.00
52,300.00
$15,750,00
$21,875.00
52,000.00
$3,500 00
5387,210.00
$387,210.00
BID TABULATION
$2.000,00
5725.00
$115.00
$16,00
5215 00
$5,000.00
52,000.00
52,000.00
515.000,00
$5,000,00
$2,300.00
$42.50
$55,00
$1,500 00
54,200.00
5123,60000 $200.00
$11.400 00 82,800,00
$18,840.00 1 $7,000.00
510,750.00 11 011,500,00
52.150,00 1F$2.000.00
51,340.00 1 $750 00
$1,860.00 1 5800 00
1
52,000.00
51,450,00
31,495,00
$1,600,00
$4,300.00
$9.000 00
$800 00
5200 00
317.00
510,00
35,000.00 II 55,000.00
$2,000.00
52,000.00
$15,000.00
$5,000 00
$2,300.00
$14,875.00
$9,625.00
$1,500.00
$4,200.00
$206,000,00
55,600,00
$14,000 00
$11,500,00
$2,000.00
$1,500.00
$1,600.00
$5.000.00
$2,000 00
548,000.00
$5,000 00
$2,300.00
542 00
575.00
$2,000 00
$100.00
5250.00
$5,000,00
59,000.00
$12,000,00
$6,000,00
5200 00
$500,00
$9,000.00
51.600.00
$2,600.00
$1,700.00
$200,00
$5,000.00 $5,000.00
$5,000.00
$2,000.00
$48,000.00
$5,000.00
52,300.00
514,700.00
$13,125.00
52,000 00
$100.00
$257.500.00
$10.000,00
518,000.00
$12,000.00
$6,000.00
$400.00
$1,000.00
5397,485,00 5504,225 00
$397,485 00 $504,225.00
56,000.00
$765 00
$165 00
$13.00
$355.00
$5,300,00
52.000.00
342,400,00
$5,000.00
$2,300.00
548.00
380.00
$1,400,00
$16,800.00
$270.00
$6,100.00
$10,000.00
$12,600.00
51.200,00
$500 00
$900.00
I.
56,000,00 1 1 52,400.00
$1,530,00 I $770.00
$2.145,00 $170 00
$1,300,00 $6.60
$7.100.00 1 $530 00
05,00000 '1 55,000.00
$5,300,00
$2,000,00
$42,400 00
$5,000 00
52,300.00
$16,800 00
$14,000.00
51,400,00
516,800.00
$278,100.00
$12,200.00
$20,000.00
$12,600 00
31,200.00
$1,000.00
51.800 00
$523,545,00
$523,545 00
53,700.00
52,000,00
$34,940.00
55,000.00
$2.300.00
$51.00
$55.00
53,065.00
53.000.00
$348 40
54,790.00
$10,039.00
816.054 00
33,134,00
$1,069.00
5160.00
CONSTRUCTION
COST
871.920.00
52,400.00
$1,540.00
$2,210.00
3660.00
$10.600,00
55,000.00
$3,700,00
52,000.00
$34,940.00
$5.000.00
$2,300.00
517,850.00
$9,625.00
$3,065.00
$3,000,00
$358,852.00
59.580,00
$20.078 00
$16,054.00
33,134,00
$2,178,00
5320 00
3586,006.00
5586,006,00
DONOVAN EXCAVATING 1fR. L. ALIA COMPANY
UNIT
PRICE COST
$85.00
$7,700 00
$760.00
$170.00
$7.00
$525.00
$5,000.00
$2,200.00
$2,000.00
$34,000.00
$5,000,00
52,300.00
$44.00
$87.00
$4,900,00
$16,200.00
$278 00
511,100.00
$15,200 00
524,100.00
$7,400.00
$900.00
$770 00
$98,600 00 1l $70.00
$7,700,00
$1,520,00
52,210.00
$700.00
$10,500 00
55.000,00
$2.200.00
$2,000 00
$34,000.00
$5,000,00
52,300,00
$15,400 00
$15,225.00
$4,900.00
$16,200,00
5286,340,00
$22,200.00 1
$30,400.00
$24,10000
$7,400.00
$1,800.00
51,540.00
$597,235.00
5597,235.00
UNIT
PRICE
$7,000,00
$735,00
$160.00
$6.00
5500.00
55,000.00
$3,500.00
$2,000.00
$58,000,00
55,000 00
52,300.00
543,00
$80.00
52,900.00
510,000,00
$234 00
$12.500,00
$18,000,00
575,000.00
$3,000 00
$500.00
$700,00
08/20/2009
COST
$81,200.00
$7,000,00
$1,470,00
$2,080,00
$600.00 1
510,000.00 I
$5,000.00
53.500,00
$2.000 00
$58,000.00
$5,000.00
$2,300.00
515,050 50
510,500.00
$2.900 00
$10,000.00
$241,020.00
325.000,00
536,000 00
$75,000.00
$3,000 00
51.000,00
51 400.00
$599,020.00
$599,020.00
PROJECT: Gilliam Creek Basin Stormwater Overflow
LINE ITEM: 412.02.594.38 PROJECT NO. 03 -DRO9
Provide storm drainage system to route Gilliam Creek basin outflow to the new Strander Boulevard storm
drainage pump, when the flap gates are closed at the Gilliam Creek outlet.
Reduces flooding at downstream properties by providing a method to drain the Gilliam Creek basin during
high river events.
DESCRIPTION:
JUSTIFICATION:
STATUS:
MAINT. IMPACT: Decreases need for emergency pumping.
COMMENT: Will reduce likelihood of roadway flooding at intersection of Andover Park East and Tukwila Parkway.
FINANCIAL Through Estimated
(in $000's) 2007 2008 2009 2010 2011 2012 2013 2014 BEYOND TOTAL
EXPENSES
Design 50 50
Land (RAN) 0
Const. Mgmt. 50 50
Construction 350 350
TOTAL EXPENSES 0 0 0 0 0 50 400 0 0 450
FUND SOURCES
Awarded Grant 0
Proposed Grant 0
Mitigation Actual 0
Mitigation Expected 0
Utility Revenue 0 0 0 0 0 50 400 0 0 450
TOTAL SOURCES 0 0 0 0 0 50 400 0 0 450
Project Location
CITY OF TUKWILA CAPITAL PROJECT SUMMARY
2009 to 2014
J
Monti
Crook
a N
m
0
Q
2a
2009 2014 Capital Improvement Program 153
Existing Storm
Drainage System
,0
Provide New I
Overflow Pipe I
StranderlBlvd
W'
Y
tit
a
0
Existing Storm
Drainage System
ro+I!
Cnnsirsen Rd
Puep'Slauon
i
TO:
City of Tukwila
INFORMATIONAL MEMORANDUM
Mayor Haggerton
Utilities Committee
FROM: Public Works Director
DATE: May 21, 2009
SUBJECT: 2009 Annual Small Drainage Program
Project No. 09 -DR01
King County Interlocal Cooperation Agreement
ISSUE
Jim Haggerton, Mayor
Authorize Mayor to sign an Interlocal Cooperation Agreement with King County for distribution
of the King County Flood Control Zone District's Sub Regional Opportunity Fund.
BACKGROUND
The King County Flood Control Zone District (KCFCZD) was created in 2008 with the purpose
of addressing major river flooding problems. In establishing the KCFCZD, the Board of
Supervisors set aside 10% of the monies collected for a Subregional Opportunity Fund to
address flooding at the local level. The KCFCZD Board of Supervisors has voted to allocate
these funds proportionally to each jurisdiction from which funds were collected. The amount of
funding available per year to Tukwila is estimated at $44,000. This is the first year of
distributions of these funds so a total of approximately $87,823.00 is currently available for 2008
and 2009. The City may either let these funds build up for a future project or submit a current
project that meets the required flood reduction criteria for reimbursement of all or a portion of
these funds.
Action Taken
The Public Works staff reviewed the list of upcoming Capital Improvement Projects for 2009 and
submitted a request to receive all available funding for the two culvert replacement projects on S
133rd S and S 131st St (Site 2) currently under construction as part of the 2009 Small Drainage
Program. Flooding has been experienced in this area and the replacement of these culverts
meets King County standards for flood reduction.
King County has prepared an Interlocal Agreement for Tukwila to obtain reimbursement through
this program.
RECOMMENDATION
The Council is being asked to approve an Interlocal Cooperation Agreement with King County
Flood Control Zone District and consider this item at the September 14, 2009 Committee of the
Whole meeting and the subsequent September 21, 2009 Regular meeting.
Attachment Interlocal Cooperation Agreement
W \PW Eng \PROJECTS\A- DR Projects \09 -DRO1 (2009 SDP) \Design \Info Memo Grant doc
INTERLOCAL COOPERATION AGREEMENT BETWEEN THE KING
COUNTY FLOOD CONTROL ZONE DISTRICT
AND THE CITY OF TUKWILA FOR
OPPORTUNITY FUND PROJECTS
THIS INTERLOCAL COOPERATION AGREEMENT is entered into between
the CITY OF TUKWILA, a municipal corporation of the State of Washington "City
and the KING COUNTY FLOOD CONTROL ZONE DISTRICT, a quasi municipal
corporation of the State of Washington "District "Parties" or when singular "Party
and shall be effective upon execution by the Municipality and the District.
Article I. Recitals.
In April 2007, the King County Council, as authorized by chapter 86.15 RCW,
created the District as a quasi municipal corporation. The King County Council members
ex officio constitute the Board of Supervisors of the District, the governing body of the
District.
In Resolution FCZD 2008 -15.2, the Board of Supervisors approved the District's
2009 budget and annual work program, and allocated 10 percent of the District's annual
property tax revenues for a sub regional opportunity fund to be used by King County
municipalities The Board of Supervisors further determined that eligibility of projects
for opportunity funds be based on consistency with chapter 86.15 RCW; provided that
expenditures under RCW 86.15.035 and RCW 39.34.190 for salmonid habitat protection
be linked to the construction of a flood or stormwater project. The Board of Supervisors
also allocated the opportunity funds to a municipality based on that municipality's
proportional contribution to the overall King County assessed valuation, as collected.
In Resolution FCZD 2009 -01.1, the Board of Supervisors included the projects
and activities described in Attachment A to this Agreement in an amendment to the
District's annual budget and work program for the year 2009.
The Board of Supervisors desires to have the City implement its approved
opportunity fund projects and activities for the years 2008 and 2009, as well as the
projects and activities that are approved for the City in subsequent District annual budgets
and work programs. The City desires to implement such projects and activities, and to
receive opportunity funds to finance in whole or in part such projects and activities.
The City and the District are authorized to enter into this Agreement pursuant to
Chapter 39.34 RCW (the Interlocal Cooperation Act), and agree as follows:
Article II. Definitions.
2.1 Eligibility Criteria. The term "Eligibility Criteria" means one of the two
following criteria that Projects shall meet to qualify for Opportunity Funds:
2.1.1. Under RCW 86.15.110, Opportunity Funds may be expended for
either flood control improvements or stormwater control improvements that are extended,
enlarged, acquired or constructed, provided that the City has developed a comprehensive
plan of development for flood control or for stormwater control, respectively, and the
improvement contributes to the objectives of the plan. For flood control improvements,
such plan shall be submitted to and approved by the Department of Ecology. In addition,
for newly constructed improvements, the City shall develop preliminary engineering
studies and plans, and such plans and studies shall be filed with the District's engineer.
For all projects, the City shall provide cost estimates and underlying data and shall
describe the benefit provided by the improvement.
-2-
2.1.2. Pursuant to the criteria in RCW 86.15.035 and RCW 39.34.190, as
modified by Resolution FCZD 2008-15.2, District funds may be expended for
cooperative watershed management actions, including watershed management
partnerships and other intergovernmental agreements, for the purposes of water supply,
water quality, and water resource and habitat protection and management, provided that
Opportunity Funds expended for salmon habitat protection shall be linked to the
construction of a flood or stormwater project, and provided further that all such funds
shall be used for the implementation of watershed management plans, including but not
limited to the following:
The authority to use funds for implementation of these plans is broadly construed to
include:
a. Watershed plans developed under chapter 90.82 RCW;
b. Salmon recovery plans developed under chapter 77.85 RCW;
c. Watershed management elements of comprehensive land use plans
developed under the growth management act, chapter 36.70A RCW;
d. Watershed management elements of shoreline master programs developed
under the shoreline management act, chapter 90.58 RCW;
e. Nonpoint pollution action plans developed under the Puget Sound water
quality management planning authorities of chapter 90.71 RCW and
chapter 400 -12 WAC;
f. Other comprehensive management plans addressing watershed health at a
WRIA level or sub -WRIA basin drainage level;
g. Coordinated water system plans under chapter 70.116 RCW and similar
regional plans for water supply; and
h. Any combination of the foregoing plans in an integrated watershed
management plan.
1. Coordination and oversight of watershed management plan
implementation, including funding a watershed management partnership for
this purpose;
2. Technical support, monitoring, and data collection and analysis;
3. Design, development, construction, and operation of projects included in
the plan; and
4. Conducting activities and programs included as elements in the plan.
-3-
2.2 Project. The terra "Project" or "Projects" means specific projects or
activities that meet the Eligibility Criteria of this Agreement, are approved by the Board of
Supervisors in a resolution approving the annual budget and work program, or amendment
thereto, and are described in an attachment to this Agreement that is approved pursuant to
this Agreement.
2.3 Opportunity Funds. The term "Opportunity Funds" means the funds made
available by the Board of Supervisors to the municipalities within King County for
implementation of Projects. For each of the years 2008 and 2009, these funds represent 10
percent of property tax revenues collected for each of those years, and are available to
individual municipalities based on the proportional amount that municipality's assessed
valuation as collected (as determined by the King County Assessor's office) bears to the
entire amount of assessed valuation in all of King County (as determined by the King
County Assessor's office). For the years after 2009, this term means District funds that are
designated as "Opportunity Funds" by the Board of Supervisors in either a resolution
approving the District's annual budget and work program or a separate resolution.
2.4 Service Provider. The term "Service Provider" means the Water and Land
Resources Division of the King County Department of Natural Resources and Parks.
Article III. Duration of Agreement Survival of Agreement.
This Agreement shall be effective upon execution by both Parties, and shall remain
in effect until terminated by one or both of the Parties. Either Party may terminate this
Agreement by providing written notice of termination to the other Party no less than sixty
(60) days prior to the effective date of termination. This Agreement also may be terminated
upon mutual agreement of the Parties expressed in writing. Sections 4.2, 5.2, 5.3, 5.4, 5.5,
6.3, 6.4 and 6.5 and Article VII shall survive any termination of this Agreement.
Article IV. Conditions of Agreement.
4.1 Project Descriptions. The initial approved Projects are described in
Attachment A, which is incorporated by reference. Subsequent approved Projects shall be
described in new Attachments to this Agreement that are approved through the amendment
process of Section 7.2.2, which Attachments shall be incorporated by reference into this
Agreement.
4.2 Use of Funds. The City shall use Opportunity Funds distributed pursuant to
this Agreement only for expenses related to the Projects.
Article V. Responsibilities of City.
5.1 Project Application and Description. The City may submit an application
for distribution of Opportunity Funds within a period of time designated by the Service
Provider and on a form approved by the Service Provider. As part of the application to
receive Opportunity Funds, the City shall submit to the Service Provider the following
information for each proposed Project:
5.1.1. Name of proposed project or activity;
5.1.2. Description of the flooding, stormwater, or watershed management
problem to be addressed (one to two paragraphs);
5.1.3. Description of how the proposed project or activity will address the
problem (one to two paragraphs);
5.1.4. Type of project or activity (e.g., feasibility study, design,
construction, acquisition, programmatic activities, etc.);
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5.1.5. Description of how the project or activity satisfies the "Eligibility
Criteria," as defined in this Agreement;
5.1.6. Identification of the plan (flood control, stormwater control, or
watershed management) that includes the Project;
5.1.7. Product /deliverable and, for constructed Projects, design plans or
studies; and
5.1.8. Schedule, milestones, costs and budget for each Project, consistent
with the requirements of this Agreement.
The schedule for a Project shall provide for the expenditure of Opportunity Funds
within two years after the commencement date of the Project. The City shall submit a
request for distribution of Opportunity Funds after an actual expenditure is incurred for the
Project, provided that the City may request distribution of up to 10 percent of Opportunity
Funds for a Project upon approval of a Project by the Board of Supervisors. After approval
of the Project by the Board of Supervisors, the application form, as approved by the Board
of Supervisors, shall become an attachment to this Agreement through the amendment
process in Section 7.2.2.
5.2 City Obligations for Projects. The City shall implement the Project as
described and provided for in the approved attachment to this Agreement. Upon receipt,
the City shall deposit Opportunity Funds in a separate account, which shall accrue interest
at the rate earned by the City on its investments. To request a distribution of Opportunity
Funds, the City shall submit to the Service Provider such information and proof of
expenditure as requested by the Service Provider.
5.3. Projects Seeking Opportunity Funds Beyond Current Appropriation Year.
The City may request distribution of Opportunity Funds beyond the appropriation year for
the District's budget and annual work program, provided that District approval of such
distribution of Opportunity Funds shall not be construed as nor constitute a District
obligation or commitment to appropriate Opportunity Funds for the Project beyond the
approved appropriation year. The District shall have no obligation to provide Opportunity
Funds beyond the appropriation year for the District's budget and annual work program,
provided that the District shall distribute to the City after such appropriation year any
Opportunity Funds that were allocated to the City in such appropriation year and in previous
years and that have not been distributed to the City.
5.4 Reporting.
5.4.1. Until the Project is completed or all Opportunity Funds for a Project
have been spent, the City shall provide semi annually to the Service Provider brief written
reports describing the progress on and status of the Project and any other relevant
information that the Service Provider may request to determine compliance with this
Agreement.
5.4.2. Upon completion of a Project, or upon expenditure of all of the
Opportunity Funds for the Project, whichever occurs first, the City shall submit a final
report to the Service Provider within 90 days of such completion or expenditure. The final
report shall contain a summary of all Project expenditures, copies of invoices if requested
by the Service Provider, a description of the Project status and accomplishments, and other
relevant information requested by the Service Provider to verify compliance with this
Agreement. The final report also shall contain a certification that all Opportunity Funds
—7—
provided to the City were expended solely on the Project in accordance with this Agreement
and the Project approval. If a Project is not completed prior to termination of this
Agreement, a report as described in this Section shall be provided to the Service Provider
within 90 days of such termination. All records relating to a Project shall be retained by the
City for a minimum of seven years, unless required by law to be retained for a longer
period, in which case the longer period shall apply.
5.5 City obligations upon Project completion or termination. As consideration
for receipt Opportunity Funds to implement the Project, the City agrees that:
5.5.1. If the Project involves developing a report or study, undertaking a
study or collecting data, or producing written or electronic materials of any kind, copies of
all such materials shall be provided upon request to the District or the Service Provider; and
5.5.2. If the Project involves the acquisition, extension, enlargement, or
construction of a physical improvement, the City shall take ownership of, and shall be
obligated to operate, maintain, and repair such improvement for the ordinary expected
useful life of such improvement.
5.5.3 If the City terminates a Project, and the City has not expended all of
the Opportunity Funds paid in advance pursuant to Section 6.3, the City shall return to the
Service Provider the remaining Opportunity Funds within 60 days of the close of the
calendar year in which the Project was terminated. Such returned Opportunity Funds shall
be credited to the City's Opportunity Fund account, and may be used on future approved
Projects, provided that if the Board of Supervisors has terminated the Opportunity Fund
program at that time, the returned Opportunity Funds may be used by the District for
District projects and activities.
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Article VI. Responsibilities of District.
6.1 Upon timely submission of a Project application by the City, the Service
Provider will review the application, provide reasonable and appropriate feedback, and
consider including the Project as an element of the District's annual budget and work
program.
6.2 If the Board of Supervisors approves the Project application by including the
Project in the District's annual budget and work program, or an amendment thereto, the
Service Provider shall attach a copy of the Project application as approved to this
Agreement and it shall become a part hereof.
6.3 The District, through the Service Provider, shall distribute Opportunity
Funds, up to the remaining amount of the City's total Opportunity Fund allocation, after
City expenditure of funds for a Project as set forth in the approved schedule for the
Project, provided that upon request of the City, the District shall pay up to 10 percent of
the total Opportunity Funds allocated for a Project upon approval of an attachment to this
Agreement. The Service Provider shall pay the Opportunity Funds after confirming that
the expenditures have been made consistent with the Project approval and schedule.
6.4 The District assumes no obligation for future support of Projects meeting the
Eligibility Criteria except as expressly set forth in this Agreement.
6.5 The District shall have no obligation to provide Opportunity Funds beyond
the appropriation year for the District's budget and annual work program, provided that the
District shall distribute to the City after such appropriation year any Opportunity Funds that
were allocated to the City in such appropriation year and in previous years and that have not
been distributed to the City.
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Article VII. Other Provisions.
7.1 Hold Harmless and Indemnification.
7.1.1. The District assumes no responsibility for the direct payment of any
compensation, fees, wages, benefits or taxes to or on behalf of the City, its employees,
contractors or others by reason of this Agreement. The City shall protect, indemnify and
save harmless the District, its officers, agents, employees and the Service Provider from any
and all claims, cost and whatsoever occurring or resulting from (1) the City's failure to pay
any compensation, fees, wages, benefits or taxes, and (2) the supplying to the City of works
services, materials or supplies by City employees or agents or other contractors or suppliers
in connection with or in support of performance of this Agreement.
7.1.2. The City further agrees that it is financially responsible for and will
repay the District all indicated amounts following an audit exception, which occurs due to
the negligent or intentional acts by the City, its officers, employees, agents or
representatives.
7.1.3. The City shall protect, indemnify and save harmless the District from
any and all costs, claims, judgments, or awards of damages, arising out of or in any way
resulting from the negligent acts or omissions of the City, its officers, employees or agents
in connection with the implementation of the terms of this Agreement and /or
implementation of the Projects. For purpose of this Agreement only, the City agrees to
waive the immunity granted it for industrial insurance claims pursuant to Washington
Statute Chapter 51 to the extent necessary to extend its obligations under this paragraph to
any claim, demand, or cause of action brought by or on behalf of any employee, including
judgments, awards and costs arising therefrom including attorney's fees.
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7.2 Amendment.
7.2.1. This Agreement may be modified by written instrument approved by
the City Council and the District Board of Supervisors and signed by the Parties.
7.2.2. This Agreement also may be modified by additional attachment for
Projects subsequently approved by the Board of Supervisors. After approval of a Project in
the District's annual budget and work program, or amendment thereto, the Project
application as approved shall become an attachment to this Agreement and shall constitute
an amendment to this Agreement without further action by either Party.
7.3 Contract Waiver. No waiver by either Party of any term or condition of this
Agreement shall be deemed or construed to be a waiver of any other term or condition, nor
shall a waiver of any breach be deemed to constitute a waiver of any subsequent breach
whether of the same or different provision of this Agreement. No waiver shall be effective
unless made in writing.
7.4 No Third Party Rights. Nothing in this Agreement shall be construed to
create any rights in or duties to any third party, nor any liability to or standard of care with
reference to any third party.
7.5. Entirety. This Agreement is the complete expression of the terms hereto and
any oral representations or understandings not incorporated are excluded. This Agreement
merges and supersedes all prior negotiations, representations and agreements between the
parties relating to the projects and constitutes the entire agreement between the parties. The
parties recognize that time is of the essence in the performance of the provisions of this
Agreement.
IN WITNESS WHEREOF, authorized representatives of the parties hereto have
signed their names in the spaces put forth below:
By
Mayor (or City Manager or Executive)
Date:
Approved as to form:
Municipal Attorney
KING COUNTY FLOOD CONTROL
ZONE DISTRICT
Atotk
Becutive Director
Date: Julcn 2001
Acting under the authority of
Resolution rCZrj 2005 --1 S.2_
KING COUNTY King County Water Land Resource Division
FLOOD CONTROL
D I S T R I C T River and Floodplain Management
Sub Regional Opportunity Fund Project Application
Application Due Date: December 8, 2008
Jurisdiction: City of Tukwila
1) Do you wish to forego the receipt of your Opportunity Fund allocation this year, allowing it to accrue for a
future year? I 1 Yes No
2) Would you prefer to apply your Opportunity Funds toward an existing project on the District's 6 -year CIP?
LI Yes No If Yes, please provide the name of the project:
If you said Yes to either (1) or (2) above, you do not need to complete the remainder of this form.
3) Proposed project or activity name 2009 Small Drainage Project, S. 133rd and S. 131St Culvert Replacement
and location:
4) Description of the flooding, stormwater, or linked watershed management problem that this project or
activity will address (1500 character maximum):
Southgate Creek overflows its banks 2 -3 times per year causing localized flooding of a business. Two downstream culverts are
undersized preventing peak flows from passing through them resulting in the overtopping of the stream channel.
5) Description of how the proposed activity will address the problem outlined in number 2 (1500 character
maximum):
Two downstream culverts will be replaced with fish passable culverts that will carry additional flows to alleviate upstream flooding.
6) Type of
Activity:
I1
1 1
Feasibility Study Project Design E Project Property Acquisition
Construction
Programmatic identify:
ATTACHMENT A
Other identify:
7) Describe how the proposed project or activity satisfies the eligibility criteria for at least one of the three
categories listed in Section III of the attached document (1500 character maximum):
Item 2, Section III: The project is a stormwater control improvement, there has been a comprehensive plan prepared for the area,
and this project is consistent with this plan.
8) Identify the management plan (i.e. flood control, stormwater control, or watershed management) within
which implementation of the project or activity is an element or is recommended:
City of Tukwila Comprehensive Surface Water Management Plan
9) Identify deliverables and any relevant design plans or studies (for construction projects):
2009 Small Drainage Program P,S,& E
10) Identify a timeline for this project from inception to completion. List any relevant milestones, and provide a
rough estimate of project costs and budget:
Project Design 1/2009 5/2009, Project Construction 7/2009 10/2009, Estimated contruction cost is $150,000.
King County
For Informational Purposes Only: We wish to inform the Flood Control District Board of Supervisors on how
1 Opportunity Funds leverage other resources, and we appreciate any information you are willing to provide in this regard. If you plan to
partner with other jurisdictions to conduct a project or otherwise intend to use your Opportunity Fund allocation to leverage grant funds
or other surface water management funds, please provide us with this information (1200 character limit):
For Internal Use Only
Project Eligible and Accepted
Project Ineligible
uth&ized: Signature
Table 1: Opportunity Fund Allocation
Jurisdiction
Algona
Auburn
Beaux Arts
Bellevue
Black Diamond
Bothell
Burien
Carnation
Clyde Hill
Covington
Des Moines
Duvall
Enumclaw
Federal Way
Hunts Point
Issaquah
Kenmore
Kent
King County
Kirkland
Lake Forest Park
Maple Valley
Medina
Mercer Island
Milton
Newcastle
Normandy Park
North Bend
Pacific
Redmond
Renton
Sammamish
SeaTac
Seattle
Shoreline
Skykomish
Snoqualmie
Tukwila
Woodinville
Yarrow Point
Total
Source:
Percent of 2008 Est.
Total County Opportunity
Taxable Value Fund
2009 Est.
Opportunity
Fund
0.1528% 5,135 5,309
2.0363% I 68,433 70,753
0.0395% I 1,328 1,373
8.8558% 297,616 307,703
0.1891% 6,353 6,569
0.7930% 26,649 27,552
1.2187% 40,958 42,346
0.0666% 1 2,238 2,314
0.5326% 17,899 18,505
0.6065% 20,383 21,074
0.8536% 28,688 29,661
0.2609% 8,770 9,067
0.3286% 11,044 11,419
2.6621% 89,465 92,497
0.2543% 8,547 8,837
1.5577% 52,349 54,123
0.8850% 29,741 30,749
3.1048% 104,344 107,880
15.9487% 535,988 554,154
2.9329% 98,566 101,907
0.6957% 23,379 24,172
0.7257% 24,388 25,214
0.8853% 29,754 30,762
2.8452% 95,619 98,860
0.0264% 886 916
0.6401% 21,513 22,242
0.4290% 14,417 14,905
0.2277% 7,651 7,910
0.1469% 4,937 5,104
3.4622% 116,355 120,299
3.1429% 105,622 109,202
2.7701% 93,094 96,249 I
1.3038% 43,818 45,303
34.3826% 1,155,495 1,194,656
2.2660% 76,154 78,735
0.0073% 246 254
0.4788% 16,092 16,637
1.2848% 43,180 44,643
0.7454% 25,050 25,899
0.2546% 8,556 8,846
1.00 3,360,700 3,474,600
2008 Assessors Data, KC DNRP GIS
6
Combined 2008
2009 Opportunity
Fund
10,444
139,186
2,700
605,318
12,922
54,201
83,303
4,551
36,404
41,458
58,349
17,836
22,463
181,962
17,385
106,473
60,490
212,224
1,090,142
200,473
47,551
49,602
60,516
194,479
1,803
43,755
29,322
15,561
10,040
236,654
214,824
189,343
89,120
2,350,151
154,890
500
32,729
87,823
50,949
17,403
6,835,300