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HomeMy WebLinkAboutReg 2019-06-03 Item 5E - Agreement - King County Funding for 2018 Small Drainage Program: South 180th Street Bridge Flood Wall Extension in Amount of $65,378COUNCIL AGENDA SYNOPSIS Initials MeetingDate Prepared by Mayor's rwiew Council review 06/03/19 HH p, ii/ i ITEM INFORMATION ITEM No. 5.E. STAFF SPONSOR: HENRY HASH ORIGINAL AGNINDA DATI:: 06/03/19 AGENDA ITEM TITLE Surface Water Fund - S 180th St Bridge Flood Wall Extension Project Funding Agreement with the King County C,vrix;ORY Discussion Mtg Date 2 Motion Dale 06/03/19 0 Resolution Mtg Date 0 Ordinance AltsDate El Bid Mg Dale Award II] Public Hearing Mtg Date 11 Other Ally Date AN SPONSOR Council Mayor FIR EDCD Finance EFire flTS 111 Court P&R aPolice [ZIPIr SPONSOR'S Council is being asked to approve the funding agreement with King County, as part of the StummARY King County Flood Control District, in the amount of $65,378.00 to reimburse the City for the design and construction of the S 180th St flood wall extension that is part of the Tukwila 205 Levee. All design, permitting, and construction was completed in November 2018 as part of the 2018 Small Drainage Project. Council is being asked to approve the funding agreement with King County for $65,378.00. RUNIMXIFI) BY El C.O.W. Mtg. 11 CDN Comm fl Finance Comm. 111 Public Safety Comm. Arts Comm. 0 Parks Comm. Planning Comm. CoMMI 1 I EE CHAIR: ZAK IDAN rI Trans &Infrastructure DATE: 05/21/19 RECOMMENDATIONS: SPoNsoR/ADmiN. CommITIEF Public Works Department Unanimous Approval; Forward to Consent Agenda COST IMPACT / FUND SOURCE EXPI,NDITURI Rilllitil) AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 $ Fund Source: 412 SURFACE WATER (PAGE 88, 2019 CIP) Comments: MTG. DATE RECORD OF COUNCIL ACTION 06/03/19 MTG. DATE ATTACHMENTS 06/03/19 Informational Memorandum dated 05/17/19 King County Funding Agreement Minutes from the Transportation and Infrastructure Committee 05/21/19 4 7 48 Allan Ekberg, Mayor Public Works Department - Henry Hash, Director INFORMATIONAL MEMORANDUM TO: Transportation and Infrastructure Committee FROM: Henry Hash, Public Works Director ////. BY: Ryan Larson, Senior Program Manager CC: Mayor Ekberg DATE: May 17, 2018 SUBJECT: Surface Water Fund — 2018 Annual Small Drainage Program Project No. 91841201 King County Funding Agreement — S 180th Street Bridge Flood Wall Extension ISSUE Authorize the Mayor to sign a funding agreement with King County. BACKGROUND During an inspection of the Tukwila 205 Levee, it was noted that the S 180th St flood wall was not constructed correctly as it tied into the S 180th St west bridge abutment. The flood wall was angled down allowing an approximate 20-foot segment to be up to 3.9 feet below the required protection level of the levee system. The Corps of Engineers noted this as a levee deficiency and requested that the City complete a project to correct this issue. The 2018 Annual Small Drainage Program included a project that reconstructed a portion of the S 180th St flood wall to provide the correct flood protection elevation. The project was completed in November of 2018. DISCUSSION Staff worked with the King County Flood Control District to secure up to $65,378.00 in funding for design and construction of the S 180th St flood wall repair. All design, permitting, and construction work has been completed on this project. This agreement will allow King County to reimburse the City for this work. RECOMMENDATION Council is being asked to authorize the Mayor to execute the funding agreement between King County and the City of Tukwila and consider this item on the Consent Agenda at the June 3, 2019 Regular Meeting. ATTACHMENTS King County Funding Agreement — S 180th St Bridge Flood Wall Extension W:\PW Eng\PROJECTS \A- DR Projects\Annual Small Drainage Programs\2018 SDP (91841201)\Grants\King County\Info Memo KC Funding Agreement S. 180th Wall.docx 49 50 AGREEMENT BETWEEN KING COUNTY AND THE CITY OF TUKWILA FOR THE SOUTH 180TH STREET BRIDGE FLOOD WALL EXTENSION This Agreement is made and entered into by King County, Washington ("King County"), by and through its Water and Land Resources Division of the King County Department of Natural Resources and Parks (hereinafter referred to as "WLRD"), and the City of Tukwila (hereinafter referred to as "City"), and collectively referred to as the "Parties." I. Purpose The purpose of this Agreement is for the City to undertake activities in connection with the South 180'1' Street Bridge Flood Wall Extension Project ("Project"), identified in the King County Flood Control District's ("District") annual budget and work program for fiscal year 2018. The Project has been determined by the District to merit funding as consistent with the District's mission and purpose. King County in large measure through WLRD functions as the service provider to the District under the terms of an interlocal agreement ("ILA") between King County and the District and under the ILA implements the District's annual work program and budget. King County by and through the WLRD is entering into this Agreement in its capacity as service provider to the District. This Agreement provides the terms under which the City will provide project management, design and engineering, environmental review and planning, public outreach and construction for the Project, as described in Exhibit One, attached to this Agreement and incorporated herein and made a part hereof, and the WLRD will reimburse the City up to $65,378.00 for Project costs. II. Background The S. 180'1' St. Bridge Floodwall was constructed incorrectly and angles down under the S. 180'1' St. Bridge. This leaves a gap in flood protection and may lead to flooding of the Tukwila Urban Center. Project will extend an existing flood wall vertically and tie it into the roadway bridge abutment at the S. 180t St. Bridge Floodwall to provide 100-year flood protection. The project will correct this deficiency. 1 51 The King County Flood Control District ("District") has appropriated $65,378.00 dollars to support the Project, which is identified as a Proposed Action in the 2018 King County Flood Hazard Management Plan, and in the 2018 adopted District Six— year Capital Improvement Plan. III. Administration A. The terms of this Agreement will be administered for WLRD by a Project Liaison to be designated by WLRD ("KCPL"), and for the City by a Project Liaison to be designated by the City ("TPL"). B. In the event that a dispute arises under this Agreement, it shall be referred for resolution to the Division Director of WLRD, or other representative as designated by King County, and to the City's Public Works Director, or other representative designated by the City. This dispute resolution provision shall not be construed as prohibiting either Party from seeking enforcement of the terms of this Agreement, or relief or remedy from a breach of the terms of this Agreement, in law or in equity. IV. Responsibilities A. City 1. The TPL will ensure that the KCPL is kept generally informed of Project status, including scope, schedule and budget, and will ensure that the KCPL has the opportunities for participation, review, and approval for specific activities and Project deliverables, as set out in Exhibit One, attached to this Agreement and incorporated herein and made a part hereof. 2. The City shall perform tasks as described in Exhibit One, and shall provide copies of all deliverables to WLRD. 3. The City will bill WLRD for performance oftasks and services provided per Exhibit One as described in Section V. 4. Upon completion of the Project, the City shall be entirely responsible for all long- term Project monitoring required by regulatory or permitting agencies and any applicable permits. B. County 1. WLRD shall pay for the services provided as described in Exhibit One and make payments in accordance with the terms of Section V. below. 2. WLRD will provide timely review, feedback and when necessary, decisions on approval, on all deliverables provided by the City. 2 52 3. The KCPL or their representative will attend meetings, site visits, and public outreach events as described in Exhibit One. V. Revisions to Project Scope and/or Budget At two Project stages, completion of the engineering cost estimate and bid selection, the Parties will determine whether Project costs will appear to exceed the total of $65,378.00 provided for in this Agreement. If it appears Project costs will be exceeded, Tukwila may request that the District consider allocating additional funds to the Project. The District is not a party to this Agreement and nothing in this Agreement creates an obligation for the District to allocate or consider allocating additional funds to the Project. If additional funds become available and the Parties agree to an increased Project total, the Parties will execute an amendment to this Agreement. If additional Project funds do not become available, the Parties may agree to amend the Project Scope so that Project costs do not exceed the amount provided for in this Agreement. VI. Billing and Payment A. WLRD shall pay the City up to $65,378.00 for actual costs incurred to perform the tasks as described in Exhibit One, as currently budgeted in the District CIP budget for the Project. B. Expenditures to be reimbursed by WLRD shall be included on itemized invoices submitted by the City and shall be subject to approval by WLRD. The City will invoice WLRD on a quarterly basis. Payment on approved invoices will be made within 45 days. C. The Parties represent that funds for conducting activities under this Agreement have been appropriated and are available for 2019. To the extent that conducting activities covered under this Agreement requires future appropriations beyond current appropriation authority, each of the Parties' obligations is contingent upon the appropriation of sufficient funds by that Party's legislative authority to complete the activities described herein. King County's obligations are further contingent upon the future appropriation of funds by the District. If no such appropriation is made by either Party, or by the District, this Agreement will terminate at the close of the appropriation year for which the last appropriation that funds these activities was made. VII. General Terms A. This Agreement is effective upon signature by both Parties and shall remain in 3 53 ' effect until the end of the one year warranty period. B. This Agreement may be amended, altered, clarified, or extended only by the written agreement of the Parties hereto. C. This Agreement is not assignable by either Party, either in whole or in part. Neither Party is acting as the agent of the other in carrying out the obligations and activities under this Agreement D. The City shall observe and abide by all applicable requirements related to the procurement of goods and services as mandated by law. E. This Agreement is a complete expression of the intent of the Parties and any oral or written representations or understandings not incorporated herein are excluded. The parties recognize that making regular progress is necessary in the performance of the provisions of this Agreement. Waiver of any default shall not be deemed to be waiver of any subsequent default. Waiver of breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the Agreement unless stated to be such through written approval by the parties which shall be attached to the original Agreement. F. This Agreement and any activities authorized hereunder shall not be construed as granting any rights or privileges to any third person or entity, or as a guarantee or warranty of protection from flooding or flood damage to any person, entity or property, and nothing contained herein shall be construed as waiving any immunity to liability by the City, the County and/or the District, granted under state statute, including Chapters 86.12 and 86.15 of the Revised Code of Washington, or as otherwise granted or provided for by law. 4 54 VIII. Indemnification To the maximum extent permitted by law, the City shall defend, indemnify and hold harmless the District and King County, and all of their officials, employees, principals and agents, from any and all claims, demands, suits, actions, fines, penalties and liability of any kind, including injuries to persons or damages to property, arising out of, or as a consequence of, the design and implementation of the Project. As to all other obligations under this Agreement, to the maximum extent permitted by law, each Party shall defend, indemnify and hold harmless the other Party, and all of its officials, employees, principals and agents, from any and all claims, demands, suits, actions, fines, penalties and liability of any kind, including injuries to persons or damages to property, arising out of or relating to any negligent acts, errors or omissions of the indemnifying Party and its contractors, agents, employees and representatives in performing these obligations under this Agreement. However, if any such damages and injuries to persons or property are caused by or result from the concurrent negligence of King County or its contractors, employees, agents, or representatives, and the City or its contractor or employees, agents, or representatives, each Party's obligation hereunder applies only to the extent of the negligence of such Party or its contractor or employees, agents, or representatives. This indemnification provision shall not be construed as waiving any immunity granted to the City, the District, or King County, under state statute, including chapters 86.12 and 86.15 RCW, as to any other entity. Each Party agrees that its obligations under this subparagraph extend to any claim, demand, and/or cause of action brought by, or on behalf of, any of its employees or agents. For this purpose, each Party, by mutual negotiation, hereby waives, with respect to the other Party only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW. In the event that a Party incurs any judgment, award, and/or cost arising therefrom, including attorneys' fees, to enforce the provisions of this Article, all such fees, expenses, and costs shall be recoverable from the responsible Party to the extent of that Party's culpability. This indemnification shall survive the termination of this Agreement. 5 55 IX. Counterparts This Agreement may be executed in counterparts. IN WITNESS WHEREOF, the Parties hereto have executed this agreement on the day of ,20 Approved as to Form King County: By: By: Title: Deputy Prosecuting Attorney Title: Director, Department of Natural Resources and Parks Approved as to Form City of Tukwila: By: By: Title: Title: Attest: 6 56 EXHIBIT 1 The S. 180th St. Bridge Floodwall was originally constructed incorrectly and angles down under the S. 180th St. Bridge. This leaves a gap in flood protection and may lead to flooding of the Tukwila Urban Center. Project will extend an existing flood wall vertically and tie it into the roadway bridge abutment at the S. 180th St. Bridge Floodwall to provide 100-year flood protection. The project will correct this deficiency. Budget: Design Engineering $ 9,000 Construction Engineering $12,378 Construction $44,000 Total $65,378 7 57 58 City of Tukwila City Council Transportation & Infrastructure Committee TRANSPORTATION & INFRASTRUCTURE COMMITTEE Meeting Minutes May 21, 2019 - 5:30 p.m. - Hazelnut Conference Room, City Hall Councilmembers: Zak Idan, Chair; Kate Kruller, Thomas McLeod Staff: David Cline, Henry Hash, Hari Ponnekanti, Han Kirkland, Ryan Larson, Alison Turner, Chris Andree, Cyndy Knighton, Laurel Humphrey CALL TO ORDER: Committee Chair Idan called the meeting to order at 5:30 p.m. I. PRESENTATIONS II. BUSINESS AGENDA Consensus existed to consider the WSDOT Regional Mobility Grant Program Award as the first order of business. A. Grant Award: WSDOT Regional Mobility Program Staff is seeking Council approval to accept $160,000 from WSDOT's Regional Mobility Grant Program for the Transportation Demand Management (TDM) Program. The funds will be used for the provision of TDM services at selected activity centers and congested corridors in Tukwila and partnering jurisdictions to reduce drive along travel and traffic congestion. The City's $40,000 match is available from the City's TDM allocation. UNANIMOUS APPROVAL. FORWARD TO JUNE 3, 2019 REGULAR CONSENT AGENDA. B. Funding Agreement: South 180th Street Bridge Flood Wall Extension Staff is seeking Council approval of a funding agreement with King County for up to $65,378.00 for design and construction of the South 180th Street flood wall repair. All design, permitting and construction has been completed, and this agreement allows for reimbursement by the County. UNANIMOUS APPROVAL. FORWARD TO JUNE 3, 2019 REGULAR CONSENT AGENDA. C. Consultant Contract: West Valley Highway (1-405 - Strander Boulevard) Staff is seeking Council approval of an agreement with TranTech Engineering, LLC in the amount of $531,938.00 for preliminary engineering design of the West Valley Highway (1-405 - Strander Boulevard) Project. TranTech was selected from three RFP responses as the most qualified. This project will construct a third northbound lane from Strander Boulevard to South 156th Street and will include other pedestrian and bicycle improvements. UNANIMOUS APPROVAL. FORWARD TO JUNE 3, 2019 REGULAR CONSENT AGENDA. D. Solid Waste Collection - Waste Management Contract Extension Staff is seeking Council approval of Amendment No. 2 to Contract 12-027 with Waste Management of Washington, Inc. to extend the Comprehensive Garbage, Recyclables, and Compostables Collection Agreement for an additional four years. Staff recommends renewal due to the favorable rates in the current contract. UNANIMOUS APPROVAL. FORWARD TO MAY 28, 2019 COMMITTEE OF THE WHOLE. 59