HomeMy WebLinkAboutReg 2021-02-01 Item 5E - Grant Agreement - South 131st Place Drainage Improvement with King County Flood Control District for $60,000 Funding
----------------------------------Initials ---------------------------------
Meeting Date Prepared by Council review
02/01/21 JR
ITEM INFORMATION
RL02/01/21
SS: OAD:
YAN ARSON
TAFF PONSOR RIGINAL GENDA ATE
Surface Water Fund S 131st Pl Drainage Improvements
AIT
GENDA TEM ITLE
Acceptance of King County Flood Control District Grant
C Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
ATEGORY
Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date
S Council Mayor HR DCD Finance Fire TS P&R Police PW Court
PONSOR
S
City staff applied for $300,000 but was only allocated $60,000 in grant funds from King
PONSORS
S
County Flood Control District for the South 131 st Place Drainage Improvement Project. The
UMMARY
City has sufficient funding in the Surface Water fund to compensate and will seek
additional funding for future construction. No matching funds are required. Council is being
asked to accept the $60,000 in grant funding from the King County Flood Control District.
R
EVIEWED BY
Trans&Infrastructure CommunitySvs/Safety Finance Comm. Planning/Economic Dev.
LTAC Arts Comm. Parks Comm. Planning Comm.
01/25/21VS
DATE: COMMITTEE CHAIR:
ERNA EAL
RECOMMENDATIONS:
Public Works Department
S/A.
PONSORDMIN
C
Forward to Consent Agenda, Regular Meeting
OMMITTEE
COST IMPACT / FUND SOURCE
AB AR
ER
XPENDITURE EQUIRED MOUNT UDGETEDPPROPRIATION EQUIRED
$$$
0.000.00 0.00
Fund Source: SWF412
URFACE ATER UND
#®¬¬¤³²Ȁ
MTG. DATE
RECORD OF COUNCIL ACTION
02/01/21
MTG. DATE
ATTACHMENTS
02/01/21 Informational Memorandum dated 01/22/2021
2021- 2026 CIP Pg. 89
Flood Reduction Grant Agreement
Minutes from Transportation and Infrastructure Committee meeting of 01/25/21
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INFORMATIONAL MEMORANDUM
Transportation and Infrastructure Services Committee
TO:
Hari Ponnekanti,InterimPublic Works Director
FROM:
Ryan Larson, Senior Program Manager
BY:
Mayor Ekberg
CC:
January 22, 2021
DATE:
st
Surface Water Fund -S131Pl Drainage Improvements
SUBJECT:
Project No. 91641204
Acceptance of King County Flood Control District Grant
ISSUE
st
City acceptance of a King County Flood Control District (District) grant for Surface WaterSouth131
PlaceDrainage 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 that 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
st
The S 131Pl Drainage Improvement Project has $250,000 availablein 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 theKing County Flood Control District grant in the amount of
st
$60,000 for the S 131Drainage Improvement Project and consider this item on the Consent Agenda at
the February 1, 2021 Regular Meeting.
Attachments: 2021 CIP Page 89
Grant Agreement
https://tukwilawa.sharepoint.com/sites/publicworks/engineering/PW Drop Box/01 TIC Agenda/2021 Agenda Items/01-25-21 TIC/S. 131st Grant Acceptance/Info Memo S 131st Pl Drainage
Improvment Grant Acceptance.docx
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Project Name:South 131 st Place Drainage ImprovementsAward Number:4.20.22
AGREEMENT FOR AWARDOF
FLOOD REDUCTIONGRANT FUNDS
BETWEENTHE CITY OF TUKWILAAND KING COUNTY
This Agreementis made between King County, a municipal corporation,
City of Tukwila
andthe(
, for the purposes set forth herein.This Agreement shall be in effect fromthe
December 31, 2022
date of execution to.
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
1.1Whereas, -municipal
corporation of the State of Washington, authorized to provide funding for flood control
and stormwater protection projects and activities; and
1.2Whereas 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
1.3Whereas, on November 12, 2013,theBoard of Supervisors passed Resolution
FCD2013-14which establishedaFloodReduction Grant Program andcriteria for
awarding grant funding for projects, and on November 6, 2019, the Board passed
Resolution FCD2019-13,which authorizedan allocation of$3,280,201from the
2020budget to fund floodreduction projects;and
1.4Whereas, on September9, 2020the DistrictBoard of Supervisors passed Resolution
FCD2020-19
,which approved the flood reduction projects described in Attachment A to
that Resolution;and
1.5Whereas, 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 thefloodreduction grant program, a copy of which has been furnished to
Recipient and which isincorporated herein by this refe
;and
1.6Whereas, theRecipientsubmitted an application to receive funds for a project tobe
funded by the Flood Reduction Grant Program; and
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Project Name:South 131 st Place Drainage ImprovementsAward Number:4.20.22
1.7Whereas,Board of Supervisors
for the project,as described in Attachment A to Resolution FCD2020-19in
$60,000
the amount ofAward;and
1.8Whereas,King County has received a Scope of Work and a Budget for the Projectfrom
theRecipient and has determined that the Scope of Work, attached hereto and
incorporated herein as Exhibit B
incorporated herein as Exhibit C
ProceduresProject, and ResolutionFCD2020-19;and
1.9Whereas, 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 FCD2020-19and the Grant
Policies and Procedures, under which the Recipient will implement the Project.
SECTION 2. AGREEMENT
2.1.The Recitalsare an integral part of this Agreement and are incorporated herein by this
reference.
$60,000
2.2.King Countyagrees to pay the Award amount toRecipient in the total amount of
from District funds.The Award shall be used by the Recipient solely for the performance
of the Project, asdescribed inExhibit Atothis 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 Countyshall pay the
Recipient in accordance with theterms of the GrantPolicies and Procedures.
2.3.The Recipient represents and warrants that it will only use the Awardfor the Scope of
Work of this Agreement and in accordance with the ProjectBudget.The Recipient shall
be required to refund to King Countythat portion of the Award which isused for workor
tasks not included in theScope of Work.Further, theRecipient agrees thatKing County
may retainanyportion of the Awardthat isnot expended or remainsafter completion of
theScope of Workand 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 KingCounty as being within such scopes;2)the activities arespecified in
the Scope of Work of this Agreement; 3) the expenses are incurred in carrying out the
Scope of Work and are authorized by theAward 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) suchactivities and expenses otherwise comply with all
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Project Name:South 131 st Place Drainage ImprovementsAward Number:4.20.22
otherterms 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 formand Progress Reportformfor thosedocumented and allowable expenses
identified in the Budgetand 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 beallowed, in the discretion of King
County, for expenses anticipated to be incurred in the three months followingthe date of
submission of the advance Requestfor Paymentonly for work that is included in the
Scope of Workof this Agreementandidentified as such in theadvanceRequestfor
Payment.Documentation of paymentsmade from the advance paymentshall be
submitted to King County prior to any further requests for payment.
2.6.The Recipient shall be required to submit to King CountyaFinalReport which
described in Scope of Workin
conformance with the terms of this Agreement within thirty (30) days after the
completion of the work.The FinalReport may be submitted onthe 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
FinalReportshallinclude a summary oftheP
flood reductionbenefits accomplished by the work.
2.7.The Recipient's expenditures of Awardfunds shall be separately identified in the
Recipient's accounting records. If requested, the Recipient shall comply with other
reasonable requests made by King Countywith respect to the manner in which Project
expenditures are tracked and accounted for in theRecipient's accounting books and
records. The Recipient shall maintain such records of expenditures as may be necessary
to conform to generally accepted accounting principlesas 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 bytheFinancial Accounting Standards Board or by the
GovernmentalAccounting Standards Board.
2.9.King Countyor its representative, and the District or its representative,shallhave the
right from time to time, at reasonable intervals, to auditthe Recipient's books and records
in order to verify compliance with the terms of this Agreement. The Recipient shall
cooperate with King Countyand the District in any such audit.
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Project Name:South 131 st Place Drainage ImprovementsAward Number:4.20.22
2.10.The Recipient shall retain all accounting records and project files relating to this
Agreement in accordance with criteria established bytheWashington State Archivist
Local Government Common Records Retention Schedule (CORE) as revised.
2.11.The Recipient shallensure 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 propertyarising out
of anyacts or omissions of the Recipient, its employees, agents, contractors or
subcontractors in performing its obligations undertheterms of thisAgreement.
2.13.The Recipient agrees to acknowledge theDistrict as a source of funding for theProject
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.ThisAgreement 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
Agreementmay 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.
December 31, 2022
1.5.The Project shall be completed by no later than . 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 retainany unexpended Award funds.
1.6.This Agreement may besigned inmultiple counterparts.
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Project Name:South 131 st Place Drainage ImprovementsAward Number:4.20.22
1.7.If any provision of this Agreement shall be wholly or partially invalid or unenforceable
under applicable law, suchprovision will be ineffective to that extent only, without in any
way affecting the remaining parts or provision of thisAgreement, andthe 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
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.
.
KINGCOUNTY:RECIPIENT:
ByBy
NameName
TitleTitle
DateDate
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Project Name:South 131 st Place Drainage ImprovementsAward Number:4.20.22
EXHIBIT A: PROJECT DESCRIPTION
PROJECT NAME RECIPIENT DESCRIPTION LEVERAGE AWARD
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
South 131 st Place
City of undersiz st Place, raise
Drainage $1,190,000 $60,000
Tukwila the roadway along the creek or construct a concrete
Improvements
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.
EXHIBIT B: SCOPE OF WORK
APPROX.
MONTH/YEAR
PERCENT OF
TASKS ACTIVITIES AND DELIVERABLES TASK WILL BE
AWARD
COMPLETED
REQUEST
Task 1: Project Submit reimbursement request forms, backup documentation 0%December
Administration for billing, and progress reports at least every 6 months. Submit 2021
(Required task) a Fiscal Closeout form and a Closeout Report form with the final
reimbursement request.
Task 2: Project Advertise, interview, and select a design consultant to design 100%Sept 2021
Design and the improvements and assist City staff members in project
Permitting permits. Deliverable will be complete, bid ready, Plans,
Specifications and Estimate.
Task 3: 0%December
Construction culvert with a box culvert, arch culvert, or other design approved 2022
by the WDFW for fish passage. Deliverable will be as built
drawings.
Task 4: Hire a contractor to raise roadway grade or install a concrete 0%December
Construction wall to increase freeboard of Southgate Creek. Deliverable will 2022
be as built drawings.
EXHIBIT C: BUDGET
FINANCIAL LEVERAGE (not required)
GRANT TOTAL
SOURCE NAME
LEVERAGE
BUDGET ITEM AWARD (Grant +
City of
TOTAL
REQUEST Leverage)
Tukwila
AMOUNT
050,000 50,00050,000
STAFFING
COMMERCIAL SERVICES AND 60,0001,140,000 1,140,0001,200,000
CREW TIME
$60,000$1,190,000 $1,190,000$1,250,000
TOTAL
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