HomeMy WebLinkAboutTIS 2021-01-25 Item 2D - Grant Acceptance - King County Flood Control District Grant for 131st Place Drainage Improvements
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Improvment Grant Acceptance.docx
INFORMATIONAL MEMORANDUM
TO: Transportation and Infrastructure Services Committee
FROM: Hari Ponnekanti, Interim Public Works Director
BY: Ryan Larson, Senior Program Manager
CC: Mayor Ekberg
DATE: January 22, 2021
SUBJECT: Surface Water Fund - S 131st Pl Drainage Improvements
Project No. 91641204
Acceptance of King County Flood Control District Grant
ISSUE
City acceptance of a King County Flood Control District (District) grant for Surface Water’s South 131st
Place Drainage Improvements Project.
BACKGROUND
In May 2020, Council authorized staff to submit a grant application to the District for the S 131st Place
Drainage Improvement Project. A grant application for project funding was submitted in the amount of
$300,000. The District received more grant requests then available funding and the City was awarded a
grant of $60,000.
According to City policy, staff must obtain approval from the full Council before accepting grants.
DISCUSSION
Staff worked with the District to revise the grant scope of work so tha t the grant funding is now entirely
for the design phase of the project. This will allow the City to apply for future District grant opportunities
for the construction phase.
FISCAL IMPACT
The S 131st Pl Drainage Improvement Project has $250,000 available in surface water funding for design.
The District grant funds will provide additional design funding for the project. Matching funds are
encouraged, but not required.
RECOMMENDATION
Council is being asked to formally accept the King County Flood Control District grant in the amount of
$60,000 for the S 131st Drainage Improvement Project and consider this item on the Consent Agenda at
the February 1, 2021 Regular Meeting.
Attachments: 2021 CIP Page 89
Grant Agreement
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Project Name: South 131st Place Drainage Improvements Award Number: 4.20.22
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AGREEMENT FOR AWARD OF
FLOOD REDUCTION GRANT FUNDS
BETWEEN THE CITY OF TUKWILA AND KING COUNTY
This Agreement (“Agreement”) is made between King County, a municipal corporation,
and the City of Tukwila (“Recipient”) (collectively referred to as the “parties” and in the
singular “party”), for the purposes set forth herein. This Agreement shall be in effect from the
date of execution to December 31, 2022.
Project Contacts:
Contact for King County – Kim Harper, Grant Administrator, 206-477-6079,
Kim.harper@kingcounty.gov.
Contact for Recipient – Ryan Larson, 206-431-2456, Ryan.larson@tukwilawa.gov.
SECTION 1. RECITALS
1.1 Whereas, the King County Flood Control District (“District”) is a quasi-municipal
corporation of the State of Washington, authorized to provide funding for flood control
and stormwater protection projects and activities; and
1.2 Whereas King County is the service provider to the District under the terms of an
interlocal agreement ("ILA") by and between King County and the District, dated
February 17, 2009, as amended, and as service provider implements the District's annual
work program and budget; and
1.3 Whereas, on November 12, 2013, the District’s Board of Supervisors passed Resolution
FCD2013-14 which established a Flood Reduction Grant Program and criteria for
awarding grant funding for projects, and on November 6, 2019, the Board passed
Resolution FCD2019-13, which authorized an allocation of $3,280,201 from the
District’s 2020 budget to fund flood reduction projects; and
1.4 Whereas, on September 9, 2020 the District’s Board of Supervisors passed Resolution
FCD2020-19, which approved the flood reduction projects described in Attachment A to
that Resolution; and
1.5 Whereas, in accordance with the terms of these Resolutions, and in its capacity as
service provider to the District, King County has established policies and procedures for
administering the flood reduction grant program, a copy of which has been furnished to
Recipient and which is incorporated herein by this reference (hereinafter “Grant Policies
and Procedures”); and
1.6 Whereas, the Recipient submitted an application to receive funds for a project to be
funded by the Flood Reduction Grant Program; and
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Project Name: South 131st Place Drainage Improvements Award Number: 4.20.22
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1.7 Whereas, the District’s Board of Supervisors approved funding of Recipient’s application
for the project (“Project”), as described in Attachment A to Resolution FCD2020-19 in
the amount of $60,000 (“Award”); and
1.8 Whereas, King County has received a Scope of Work and a Budget for the Project from
the Recipient and has determined that the Scope of Work, attached hereto and
incorporated herein as Exhibit B (“Scope of Work”), and the Budget, attached hereto and
incorporated herein as Exhibit C (“Budget”), are consistent with the Grant Policies and
Procedures, the Recipient’s application for the Project, and Resolution FCD2020-19; and
1.9 Whereas, King County and the Recipient desire to enter into this Agreement for the
purpose of establishing the terms and conditions under which King County will provide
funding from the District in accordance with Resolution FCD2020-19 and the Grant
Policies and Procedures, under which the Recipient will implement the Project.
SECTION 2. AGREEMENT
2.1. The Recitals are an integral part of this Agreement and are incorporated herein by this
reference.
2.2. King County agrees to pay the Award amount to Recipient in the total amount of $60,000
from District funds. The Award shall be used by the Recipient solely for the performance
of the Project, as described in Exhibit A to this Agreement. Exhibit A, attached hereto
and incorporated herein by this reference, contains a description of the Project as
described in Attachment A to Resolution FCD2020-19. King County shall pay the
Recipient in accordance with the terms of the Grant Policies and Procedures.
2.3. The Recipient represents and warrants that it will only use the Award for the Scope of
Work of this Agreement and in accordance with the Project Budget. The Recipient shall
be required to refund to King County that portion of the Award which is used for work or
tasks not included in the Scope of Work. Further, the Recipient agrees that King County
may retain any portion of the Award that is not expended or remains after completion of
the Scope of Work and issuance of the Final Report, as further described in Section 2.6
below.
2.4. Activities carried out for this Project and expenses incurred by the Recipient may predate
the execution date of this Agreement provided that 1) they have been identified by
Recipient as being within the scopes of numbers 2) and 3) below, and have been
approved by King County as being within such scopes; 2) the activities are specified in
the Scope of Work of this Agreement; 3) the expenses are incurred in carrying out the
Scope of Work and are authorized by the Award as identified in the Budget of this
Agreement; 4) the activities occur after the District passes a resolution approving an
award for the Project; 5) such activities and expenses otherwise comply with all
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Project Name: South 131st Place Drainage Improvements Award Number: 4.20.22
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other terms of this Agreement; and 6) reimbursements shall be paid to the Recipient only
after this Agreement has been fully executed.
2.5. The Recipient shall invoice King County for incurred expenses using the Request for
Payment form and Progress Report form for those documented and allowable expenses
identified in the Budget and according to the rules set forth in the Grant Policies and
Procedures. Blank forms shall be provided to the Recipient by King County upon
execution of this Agreement. A progress report (with or without a request for payment)
shall be made no less frequently than every six months after the effective date of this
Agreement nor more frequently than every three months after the aforementioned date. A
Progress Report form shall be submitted with all payment requests. A one- time advance
of no more than 25% of the Award amount may be allowed, in the discretion of King
County, for expenses anticipated to be incurred in the three months following the date of
submission of the advance Request for Payment only for work that is included in the
Scope of Work of this Agreement and identified as such in the advance Request for
Payment. Documentation of payments made from the advance payment shall be
submitted to King County prior to any further requests for payment.
2.6. The Recipient shall be required to submit to King County a Final Report which
documents the Recipient’s completion of the work described in Scope of Work in
conformance with the terms of this Agreement within thirty (30) days after the
completion of the work. The Final Report may be submitted on the Closeout Report form
unless a more detailed Final Report is specified in the Scope of Work. A blank form shall
be provided to the Recipient by King County upon execution of this Agreement. The
Final Report shall include a summary of the Project’s successes and shall address the
flood reduction benefits accomplished by the work.
2.7. The Recipient's expenditures of Award funds shall be separately identified in the
Recipient's accounting records. If requested, the Recipient shall comply with other
reasonable requests made by King County with respect to the manner in which Project
expenditures are tracked and accounted for in the Recipient's accounting books and
records. The Recipient shall maintain such records of expenditures as may be necessary
to conform to generally accepted accounting principles as further described in Section 2.8
below, and to meet the requirements of all applicable state and federal laws.
2.8. The Recipient shall be required to track Project expenses using the Budget Accounting
and Reporting System for the State of Washington ("BARS") or Generally Accepted
Accounting Principles set forth by the Financial Accounting Standards Board or by the
Governmental Accounting Standards Board.
2.9. King County or its representative, and the District or its representative, shall have the
right from time to time, at reasonable intervals, to audit the Recipient's books and records
in order to verify compliance with the terms of this Agreement. The Recipient shall
cooperate with King County and the District in any such audit.
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Project Name: South 131st Place Drainage Improvements Award Number: 4.20.22
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2.10. The Recipient shall retain all accounting records and project files relating to this
Agreement in accordance with criteria established by the Washington State Archivist
Local Government Common Records Retention Schedule (CORE) as revised.
2.11. The Recipient shall ensure that all work performed by its employees, agents, contractors
or subcontractors is performed in a manner which protects and safeguards the
environment and natural resources and which is in compliance with local, state and
federal laws and regulations. The Recipient shall implement an appropriate monitoring
system or program to ensure compliance with this provision.
2.12. The Recipient agrees to indemnify, defend and hold harmless King County, and the
District, their elected or appointed officials, employees and agents, from all claims,
alleged liability, damages, losses to or death of person or damage to property arising out
of any acts or omissions of the Recipient, its employees, agents, contractors or
subcontractors in performing its obligations under the terms of this Agreement.
2.13. The Recipient agrees to acknowledge the District as a source of funding for the Project
on all literature, signage or press releases related to the Project. The Recipient may
obtain from King County a District logo that may be used in the acknowledgement.
SECTION 3. GENERAL PROVISIONS
1.1. This Agreement shall be binding upon and inure to the benefit of the parties and their
respective successors and assigns.
1.2. This Agreement constitutes the entire agreement between the parties with respect to the
subject matter hereof. No prior or contemporaneous representation, inducement, promise
or agreement between or among the parties which relate to the subject matter hereof
which are not embodied in this Agreement shall be of any force or effect.
1.3. No amendment to this Agreement shall be binding on any of the parties unless such
amendment is in writing and is executed by the parties. The parties contemplate that this
Agreement may from time to time be modified by written amendment which shall be
executed by duly authorized representatives of the parties and attached to this Agreement.
1.4. Each party warrants and represents that such party has full and complete authority to
enter into this Agreement and each person executing this Agreement on behalf of a party
warrants and represents that he/she has been fully authorized to execute this Agreement
on behalf of such party and that such party is bound by the signature of such
representative.
1.5. The Project shall be completed by no later than December 31, 2022. In the event that the
Project is not completed by this date, King County has the discretion, but not the
obligation, to terminate this Agreement and retain any unexpended Award funds.
1.6. This Agreement may be signed in multiple counterparts.
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Project Name: South 131st Place Drainage Improvements Award Number: 4.20.22
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1.7. If any provision of this Agreement shall be wholly or partially invalid or unenforceable
under applicable law, such provision will be ineffective to that extent only, without in any
way affecting the remaining parts or provision of this Agreement, and the remaining
provisions of this Agreement shall continue to be in effect.
1.8. The amount of the Award has been fully funded by the District. To the extent that
funding of the Award requires future appropriations by the District, King County’s
obligations are contingent upon the appropriation of sufficient funds by the Board of
Supervisors of the District to complete the Scope of Work. If no such appropriation is
made, this Agreement will terminate at the close of the appropriation year for which the
last appropriation that provides funds under this Agreement was made.
.
KING COUNTY: RECIPIENT:
By By
Name Name
Title Title
Date Date
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Project Name: South 131st Place Drainage Improvements Award Number: 4.20.22
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EXHIBIT A: PROJECT DESCRIPTION
PROJECT NAME RECIPIENT DESCRIPTION LEVERAGE AWARD
South 131st Place
Drainage
Improvements
City of
Tukwila
Southgate Creek overtops its banks approximately
twice annually and flows down a private driveway
resulting in nuisance flooding, debris cleanup, and
minor property damage. This project will replace an
undersized 48” culvert under S. 131st Place, raise
the roadway along the creek or construct a concrete
wall to provide additional freeboard to keep the
creek in its bank, provide added water quality for
the City roadway, and work with a downstream
property owner on private stream maintenance.
$1,190,000 $60,000
EXHIBIT B: SCOPE OF WORK
TASKS ACTIVITIES AND DELIVERABLES
APPROX.
PERCENT OF
AWARD
REQUEST
MONTH/YEAR
TASK WILL BE
COMPLETED
Task 1: Project
Administration
(Required task)
Submit reimbursement request forms, backup documentation
for billing, and progress reports at least every 6 months. Submit
a Fiscal Closeout form and a Closeout Report form with the final
reimbursement request.
0% December
2021
Task 2: Project
Design and
Permitting
Advertise, interview, and select a design consultant to design
the improvements and assist City staff members in project
permits. Deliverable will be complete, bid ready, Plans,
Specifications and Estimate.
100% Sept 2021
Task 3:
Construction
Hire a contractor to replace the existing 48” concrete cross
culvert with a box culvert, arch culvert, or other design approved
by the WDFW for fish passage. Deliverable will be as built
drawings.
0% December
2022
Task 4:
Construction
Hire a contractor to raise roadway grade or install a concrete
wall to increase freeboard of Southgate Creek. Deliverable will
be as built drawings.
0% December
2022
EXHIBIT C: BUDGET
BUDGET ITEM
GRANT
AWARD
REQUEST
FINANCIAL LEVERAGE (not required)
LEVERAGE
TOTAL
TOTAL
(Grant +
Leverage)
SOURCE NAME
City of
Tukwila
AMOUNT
STAFFING 0 50,000 50,000 50,000
COMMERCIAL SERVICES AND
CREW TIME
60,000 1,140,000 1,140,000 1,200,000
TOTAL $60,000 $1,190,000 $1,190,000 $1,250,000
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