HomeMy WebLinkAbout21-024 - King County - Flood Reduction GrantProject
Name:
Recipient:
Address:
AMENDMENT TO GRANT AWARD
South 131st Place Drainage Improvements
City of Tukwila
6300 Southcenter Blvd Ste 100
Tukwila, WA 98188
AMENDMENT REQUESTED BY:
21-024(a)
Council Approval N/A
Agreement No.:
Amendment
Date:
Amendment No.:
AMENDMENT WRITTEN BY:
4.20.22
11/29/2022
1
Name:
Brittany Robinson
Name:
Kim Harper
Title:
Public Works Analyst
Title:
KC WLRD Grant Administrator
AMENDMENT EFFECTS:
[J Change of Scope
[J Distribution of Funds Among Tasks
Ei Time of Performance
LJ Compensation
LJ Terms and Conditions
LJ Results of Services
CHANGE #1 Introductory Paragraph of Grant Agreement
READS:
This Agreement shall be in effect from the date of execution to December 31, 2022.
TO READ:
This Agreement shall be in effect from the date of execution to December 31, 2023.
CHANGE #2 — Paragraph 3.5 of Grant Agreement
READS:
The Project shall be completed by no later than December 31, 2022.
TO READ:
The Project shall be completed by no later than December 31, 2023.
IN WITNESS HEREOF, THE PARTIES HERETO HAVE CAUSED THIS AMENDMENT TO BE EXECUTED AND
INSTITUTED ON THE DATE WRITTEN ABOVE.
King County, Washington
By
Title
Date
RECIPIENT
By
S06ned ma SeamleeaDo0e.0om
CYaff :66e' q
Key: (20,100 0309 4f60 :.82d adf6342f36Z6
Title Mayor, City of Tukwila
Date
12-01-2022
KLS
HP
DocuSIgn Enve1ope ID. 93CE1C6D-E0D2-4F40-91162-B8AEFBC3541C
Project Name: South 131Place Drainage Improvements
21-024
Council Approval 2/1/21
Award Number: 4,20.22
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,
Kint.har r,er@kiii count r.gov.
Contact for Recipient — .Ryan Larson, 206-431-2456, Ryan„larson@tukwilawa„..gov„
SECTION I. RECITALS
Whereas, the King County Flood Control District ("District") is a quasi -municipal
corporation of the State of Washington, authorized to provide funding for f..lood 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 im.plem.ents the District's annual
work program and budget; and
1,3 Whereas, on November 12, 2013, the District's Board of Supervisors passed Resolution
VCD2013-11 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
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
ADT2306701.1XXA:1/13175.000001 Page 1 of 6
1/1
DocuSIgn Enve4ope ID. 93CE1C6D-E0D2-4F40-91162-B8AEFBC3541C
Project Name: South 131Place Drainage Improvements Award Number: 4,20.22
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.
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 includedi...n. the Scope of Work. Further, the Recipient agrees that King County
m.ay 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 ,m.ay predate
the execution date of this Agreement provided that 1) they have been id.entified •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 ,identifiedin 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
ADT2.306701.DOCX:1/13175.000001 Page 2 of 6
DocuSIgn Enve4ope ID. 93CE1C6D-E0D2-4F40-91162-B8AEFBC3541C
Project :Name: South13.1" Place :DrainageIrnprovements Award Number: 420:22
other terms of this Agreement; and 6) reimbursements shall be paid to the Recipient only
after this Agreement has been fuUy executed.
2.5. The Recipient sha1.1. invoice King County .for incurred expenses using the ,Request for
Payment form and Progress Report form. for those documented anal allowable expenses
identified in the Budget and according to the rules set forth in the Grant Policies and.
Procedures. Blank Forms sh.allbe 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 aforem.entioned 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 oHowtng the date of
submission of the advance Request. for Payment only for work that is in.cluded 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.
6. The Recipient shall be required to submit to :King County a FinaReport 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 executionof this Agreement. The
Final. Report shall include a sumrn.ary 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 maintainsuch records of expenditures as may be necessary
10 conform to generally accepted accounting principles as further described in Section 2.8
below, and to meet the requirements of aU applicable state and federal laws.
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.,
King County or its representative, and the District or its representative, shall have the
right fromtime 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.
i'sAyr2306701.rxx:x,1/1.31 75 00000 I/ Page 3 of 6
DocuSIgn Enve4ope ID. 93CE1C6D-E0D2-4F40-91162-B8AEFBC3541C
Project :Name: South13.1" Place :DrainageIrnprovements Award Number: 420:22
2.10. The Recipient shall retainall accounting records and project files relating to this
Agreement in accordance with criteria establishedby the Washington State Archivist
Local Government Common Records Retention Schedule (CORE) as revised.
2.11... The Recipient sball. ensure that all work performed by its etnployees„ agents, contractors
or subcontractors is performed in a rirtartn.er 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,
allegedliability„ 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 PROVISIO
3.1. This Agreement shall he binding upon and inure to the benefit of the parties and their
respective successors and assigns..
3.2. 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 suhject matter hereof
which are not embodied in this Agreement shall be of any force or effect.
3.3. 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 he modified by written amendment which shall be
executed by duly authorized representatives of the parties and attached to this Agreement.,
3.4. 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 suchparty and that such party is bound .by the signature of such.
representative.
3.5. 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.
3.6. This Agreement may be signed in multiple counterparts.
Atyr2306701 o(x:x,1/131 75 00000 I/ Page 4 of 6
DocuSIgn Enve4ope ID. 93CE1C6D-E0D2-4F40-91162-B8AEFBC3541C
Project :Name: South13.1" Place :DrainageIrnprovements Award Number: 420:22
3.7. If any provision of this Agreement shall be wholly or partially invalid or .unenforceable
under applicable law, such provision wiH 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.
3.8. The amount of the Award has been fully funded by the District. To th.e 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 suchappropriation 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:
1
DocuSigned by:
111
__L_
207AF318BFOB4B6
arae Josh BakiT
Title Division Director, WLRD, DNRP
Date 2/8/2021
RECIPIENT:
Name AIIan Ekber
Title
Date
a or
02/04/2021
Approved as to Form
5 -ed
Office of the City Attorney
ADT2306701.130CX:,1/13175.000001/ 1 Page 5 of 6
HP
DocuSIgn Enve4ope ID. 93CE1C6D-E0D2-4F40-91162-B8AEFBC3541C
Project Name: South 131' Place Drainage Improvements
EXHIBIT A: PROJECT DESCRIPTION
Award Number: 420./2
PROJECT NAME
RECIPIENT
DESCRIPTION
LEVERAGE
AWARD
South 131t 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. 131s1Piace, raise
the roadway along the creek or construct a concrete
wail to provide additional freeboard to keep the
creek in its bank, provide added water quallity 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 Willing, 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 wili be complete, bid ready, Plans,
Specifications and Estimate.
100%
Sept 2021
Task 3:
Construction
Task 4:
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. Deliverabie wiii be as built
drawings.
Hire a contractor to rake roadway grade or install a concrete
wall to increase freeboard of Southgate Creek. Deliverable wine
be as Ibuiit drawings.
0%
0%
December
2022
December
2022
EXHIBIT C: BUDGET
BUDGET ITEM
STAFFING
COMMERCIAL SERVICES AND
CREWTIME
TOTAL
GRANT
AWARD
REQUEST
0
60,000
FINANCIAL L VERAGE (not required)
SOURCE NAM
City of
Tukwila
AMOUNT
50,000
1,140,000
,190,000
LEVERAGE
TOTAL
50,000
1,140,000
$1,190,000
TOTAL
(Grant +
Leverage)
50,000
1,200,000
$1,250,000
A'DI'2306701.DIX:X.,1/1.3175.000001/ Page 6 of 6
DocuSign Envelope ID: 93CE1C6D-E0D2-4F4D-9162-B8AEFBC3541C
Project Name: South 131Place Drainage hnprovements
21-024
Council Approval 2/1/21
Award Number: 4.20.22
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,
Kitmhar vr@kinIcount ov
Contact for Recipient — Ryan Larson, 206-431-2456, Ryantarson@tukwillawagov.
SECTION 1. RECITALS
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; a.nd
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
13 Whereas, on November 12, 2013, the District's Board of Supervisors passed Resolution
FCD200 3- 4 which established a Flood Reduction Grant Program and criteria for
awarding gram funding for projects, and on November 6, 2019, the Board passed
Resolution FCD2019-13, which authorized an allocation of S3,280,20 from the
District's 2020 b udget 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
C.ADT23067M .DfX.A., UR 3 75.00900U } Pap 1 of 6
1/1
DocuSign Envelope ID: 93CE1C6D-E0D2-4F4D-9162-B8AEFBC3541C
Project Name: South 131 Place Drainage hnprovements Award Number: 4.20.22.
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 th.e Project as
described in Attachment A to Resolution ,FCD2020-19. King County shall pay the
Recipient in accordance with th.e terms of the Grant Policies and Procedures.
7.3. The Recipient represents and warrants that it will only use the Award for the Scope of
Work of this Agreem.ent 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
m.ay retain any portion of the Award that is not expended or remains after completion of
the Scope of Work and issuance of the Final. Repoli., 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 th.i.s
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 aU
C.ADT230670.1MX.A.,UR3U75.00900U I Page 2 of 6
DocuSign Envelope ID: 93CE1C6D-E0D2-4F4D-9162-B8AEFBC3541C
Project Name: South 131Place Drainage hnprovements Award Number: 4.20.22.
other terms of this Agreement; and 6) reimbursements shall be paid to the Reci.pi.ent only
after this Agreement has been FuUy executed.
2.5. The Recipient shall invoice King County for incurred expenses using the Request for
Payment forni. and Progress Report lbrrnor those documented and allowable expenses
identified in the Budget and according to the rules set forth in the Grant Policies and
Procedures. Blank fornis 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 froni. the advance payment shall be
submitted to King County prior to any Further requestslbr 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 forin
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 th.e 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. Ifrequesled, the Recipient shall compl.y 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 principes as Further described in Section 2.8
below, and to meet the requirements of aU applicable state and federal
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.
C.ADT230670 1 .1XX.A., 1R . 175.00900U } Page 3 of 6
DocuSign Envelope ID: 93CE1C6D-E0D2-4F4D-9162-B8AEFBC3541C
Project Name: South 131 Place Drainage hnprovements Award 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 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 em.ployees, 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 implem.ent 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, ,fromall 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 em.ployees, 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 m.ay be used in the acknowledgem.ent.
SECTION 3. GENERAL PROVISIONS
3.1. This Agreement shall be binding upon and inure to the benefit of the parties and their
respective successors and assigns.
3.2. This Agreement constitutes the entire agreement between the parties with respect to the
subject matter hereof. No prior or contemporaneous representation, i.nducem.ent, 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.
3.3. 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 ,fromtime to time be modified by written amendment which sh.a.1.1 be
executed by duly authorized representatives of the parties and attached to this Agreement.
3.4. 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.
3.5. The Project sh.a.1.1 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.
3.6. This Agreement may be signed in multiple counterparts.
ADT230670 3 75.0090(H/ } Page 4 of 6
DocuSign Envelope ID: 93CE1C6D-E0D2-4F4D-9162-B8AEFBC3541C
Project Name: South 131Place Drainage hnprovements Award Number: 4.20.22.
33. If any provision of this Agreement shall be wholly or partially invalid or unenforceable
under applicable .haw, 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.
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 Comity'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
hist appropriation that provides funds under this Agreement was made.
KING COUNTY:
By
(--DocuSigned by:
207AF316BF0B4136...
Name Josh BaIdi
Title Division Director, WLRD, DNRP
Date 2/8/2021
By
RECIPIENT:
Name AIIan Ekber
Title
Date
a or
02/04/2021
Approved as to Form
c e(r`e_e; q.„5-)awee-
Office of the City Attorney
C.ADT230670.DfX.A.,UR3U75.00900U 1 Page 5 of 6
HP
000uSignEnvelope ID: nocE1coo'E000-4F4oe162-oaAEFocon41c
.Project Name: South 131' Place Drainage hnprovements
EXHIBIT A: PROJECT DESCRIPTION
Award Number: 4.2822
PROJECTNE
RECIPIENT
DESCRIPTION
LEVERAGE
AWARD
South l3l"P|ace
Drainage
Improvements
City of
Tukw[lla
Southgate Creek overtops its banks approximately
twice annua[lyand flows down aprivate driveway
resulting [nnuisance flooding, debris cLeanup'and
mnor property damage. Ths project wII replace an
�
undersized 48^cuivertunder Sl3l�P|ace'ra[se
the roadway aiong the creek or construct a concrete
wall to provde addtonaI freeboard to keep the
creek n ts bank, provde added water quaHty for
the Cty roadway, and work wth a downstream
property owner on prvate stream mantenance.
$l180,000
$60\000
EXHIBIT B: SCOPE OF WORK
EXHIBIT C: BUDGET
BUDGET ITEM
STAFFING
ACTK/D[hESAND DELIVERABLES
APPROX.
PERCENT OF
AWARD
REQUEST
MONTH/YEAR
TASK WILL 8E
COMPLETED
Task 1: Project
Administration
(Required task)
Submit reimbursement request forms, backup documentation
for bflHng, and progress reports at Ieast every 6 months. Submit
a F[scall C[oseoutfornn and a Closeout Report form with theGnai
reimbursement request.
0%
December
2021
Task 2: Project
Design and
Permitting
Advertise, interview, and select adesign consu[tanttodesign
the mprovements and assst Cty staff members n project
permits. De|iverabllew[ll be complete, Ib[d ready, Pians,
Specifications and Estimate.
10096
Sept 2021
Task 3:
Construction
Task4:
Construction
Hl[reacontractortorep|acetheex[st[n048~concretecross
cu|vertw[thaboxcuivert'archculvert'orotherdes[gnapproved
by the WDFW for fish passage. DeL[verab|ewill beasbu[|t
drawings.
Hire acontractor toraise roadway grade or[nstaUaconcrete
wall to ncrease freeboard of Southgate Creek. De|[verabiew[U
be as Ibu[llt drawings.
0%
0%
December
2022
December
2022
EXHIBIT C: BUDGET
BUDGET ITEM
STAFFING
GMANT---'--
AWARD
REQUEST
FINANCIAL LEVERAGE (not required)
TOTAL
TOTAL
(Grant +
Leverage)
�-------�LEVERAGE
City of
Tukw[|a
NAME
AMOUNT
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
,190'000
'lyC\OOO
'250\000
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