HomeMy WebLinkAbout22-160 - King County - Flood Reduction Grant: Gilliam Creek Fish Barrier Removal & S 131st Street Drainage Improvements22-160(a)
Council Approval N/A
AMENDMENT TO GRANT AWARD
Project Name:
1. Gilliam Creek Fish Passage & Habitat Enhancement
2. S. 131' St. Drainage Improvements /DUW 19- Southgate Creek
Restoration
Grant Recipient:
City of Tukwila
Award No.:
4.22.35
4.22.4949
Primary Contact:
Mike Perfetti
Amendment Date:
Commercial Services & Crew Time
Email:
V;Vlike.Peirfetti,,,,,,,lukwilaWA.gpv
Amendment No.:
Total
AMENDMENT REQUESTED BY:
AMENDMENT WRITTEN BY:
Name:
N/A
Name:
Kim Harper
Title:
Staffing
Title:
Grant Administrator
AMENDMENT EFFECTS:
Z Budget Amounts for Each Project
This amendment changes the total budget amounts allotted for each project in the Budget Table by
switching the project name above each budget breakdown. They were accidentally switched in the
grant agreement. The changes are as follows:
Change #1— Exhibit C: Budget Table
READS:
Budget Item
Grant Award Amount
Gilliam Creek Fish
Passage and Habitat
Enhancement
S 131st Street Drainage
Improvements /DUW 19 -
Southgate Creek
Restoration
Totals
Staffing
$5,000
$2,500
$7,500
Commercial Services & Crew Time
$95,000
$247,500
$342,500
Total
$100,000
$250,000
$350,000
TO READ:
Budget Item
Grant Award Amount
S 131st Street Drainage
Improvements /DUW 19 -
Southgate Creek
Restoration
Gilliam Creek Fish
Passage and Habitat
Enhancement
Totals
Staffing
$5,000
$2,500
$7,500
Commercial Services & Crew Time
$95,000
$247,500
$342,500
Total
$100,000
$250,000
$350,000
This document has been approved as to form by the King County Prosecuting Attorney's Office as of
May 1, 2023.
IN WITNESS HEREOF, THE PARTIES HERETO HAVE CAUSED THIS AMENDMENT TO BE EXECUTED AND
INSTITUTED ON THE LATEST DATE ENTERED BELOW.
King County, Washington RECIPIENT Signedby:
By By a•14.13FE3443213102...
Title Title Mayor
Date Date
Amendment to Grant Award Pg. 2
11/7/2023 1 5:07 PM PST
rDS
tke
APPROVED AS TO FORM
EDocuSigned by:
6AL d„.
5E499CA4165E452...
Office of the City Attorney
22-160
Council Approval 11/21/22
Project Name: Award Number:
Project No. 1: Gilliam Creek Fish Passage and Habitat Enhancement 4.22.35
Project No. 2: S 131st Street Drainage Im.provements /DLIW 19- Southgate Creek Restoration. 4.22.49
AGREEMENT FOR AWARD OF
FLOOD REDUCTION GRANT FUNDS
BETWEEN THE CITY OF TUKWILA AND KING COUNTY
This 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, 2025.,
Project Contacts:
Contact for King County: Kim Harper, Grant Administrator, 206-477-6079,
Kim.har er@kin unt
Primary Contact for Recipient: Mike Perfetti, Surface Water Senior Program Manager,:206-550-
4930, Mike.perfetti@tukwilawa.gov.
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; 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 .Resohnion.
.1CD2013-14 which established a Hood Reduction Grant Program and criteria for
awarding grant funding for projects, and on November 9, 2021, .the Board passed
Resolution FCD2021-12, which authorized an allocation of $12,000,000 from. the
District's 2(1E22 budget to ftind flood reduction projects; and
1.4 Whereas. on October 11, 2022, the District's Board of Supervisors passed 1Zesolutiori
FCD2022- 2, 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.
Page 1 of 7
Project Name: Award Number:
Project No. 1: Gilliam Creek Fish Passage and Habitat Enhancement 4.22.35
Project No. 2: S 131st Street Drainage Im.provements /DLIW 19- Southgate Creek Restoration. 4.22.49
1.6 Whereas, the Recipient submitted an application to receive 'funds for projects to be
funded by the Flood Reduction Grant Program.; and.
1.7 Whereas the Dishict's Board of Supervisors approved ftmding of Recipient's application
for the projects ("Projects"), as described. in .Attachment A to Resolution FCD2022-12 in
the amount of $350,000 ("Award") as follows: S250,000 for the Project titled "Gilliam.
Creek Fish Passage and Habitat .Enhancement", and $100,000 for the Project titled "S
1.31st Street Drainage Improvements /DMA/ 19- Southgate Creek Restoration"; 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 Scopes of Work, attached hereto and.
incorporated herein as Exhibit B-1 and B-2, collectively referred to as"Scopes of Work",
and the Budgets, 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 the Resolution approving funding for the Project; 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, froni the .District in accordance with Resolution ..FCD2022-12, and the Grant
Policies and Procedures, and under which the Recipient will ,implement the Projects.
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
$350,000 from District.fUnds. The Award shall. be used by the Recipient solely for the
performance of the 'Projects, as described in Exhibit A to this Agreement. Exh.i.bit A.
attached hereto and incorporated herein •by this reference., contains a description of the
Projects as described in Attachment A to Resolution FCD2022-12. 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 Budgets. 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 Scopes 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 Scopes of Work and issuance of the ..Final Reports, as further described below.
2.4. Activities carried out for these Projects and expenses incurred by the Recipient may
predate the execution date of this Agreement provided that 1 ) they have been identified.
Page 2 of 7
Project Name: Award Number:
Project No. 1: Gilliam Creek Fish Passage and Habitat Enhancement 4.22.35
Project No. 2: S 131st Street Drainage Im.provements /DLIW 19- Southgate Creek Restoration. 4.22.49
by Recipient as 'being within the scopes of numbers 2) and 3) 'below, and have been
approved by King County as being wi.thi.n such scopes; 2) the activities are specified in.
the Scopes 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 Budgets of this
Agreement; 4) the activities occur after the District passes a resolution approving an
award for the Projects; 5) such activities and expenses otherwise comply with all
other terns of this Agreement; and 6) reimbursements shall be paid to the Recipient only
after this Agreement has beenfully executed.
2.5. The Recipient shall invoice King County for incurred expenses for each project using the
Request for Payment .form and Progress Report form, or online equivalents to these forms
upon the County's implementation of an online reporting database, for those documented
and allowable expenses identified in the Budgets and according to the rules set forth in.
the Grant Policies and Procedures. 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
.formand backup documentation of claimed expenses 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 Scopes of Work of this Agreement, and identified as such.
in the 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 for each Project
which documents the Recipient's completion of the 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,, or online equivalent to this form
upon the County's implementation of an online reporting database. Each .final report
shall include a summary of each Project's successes and shall address the flood reduction.
benefits accomplished by the work.
2.7. The Recipient's expenditures of Award funds shall he separately identified in the
Recipient's accounting records. Ifrequested, the Recipient shall comply with other
reasonable requests made by King County with respect to the mariner 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 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.,
Page 3 of 7
Project Name: Award Number:
Project No. 1: Gilliam Creek Fish Passage and Habitat Enhancement 4.22.35
Project No. 2: S 131st Street Drainage Im.provements /DLIW 19- Southgate Creek Restoration. 4.22.49
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.
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 na,turalresources 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 Projects
on all literature, signage or press releases related to the Project. The Recipient may
obtain ft..om. King County a District logo that may be used in the acknowledgement.
SECTION 3. GENERAL PROVISIONS
3.1. This Agreement shall. be binding upon and inure to the benefitof the parties and their
respective successors and assigns.
3.
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.
3.3. No amendment to this Agreement shall he 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
Page 4 of 7
Project Name: Award Number:
Project No. 1: Gilliam Creek 'Fish Passage and Habitat Enhancement 4.22.35
Project No. 2: S 131st Street Drainage Im.provements /DLIW 19- Southgate Creek Restoration. 4.22.49
on behalf of such party and that such party is bound by the signature of such.
representa,ti.ve.
3.5. The .Projects shall be completed by no later than December 31, 2025. In the event that
the Projects are 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 he signed in multiple counterparts.
3.7. If any provision of this Agreement shall he 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.
3.8. The amount of the Award has been fully funded by the District. 17o the extent that
funding of the Award requires future appropriations .by the District, King County's
obligations are contingent upon th.e 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:
HP By
Name
Title
Date
By
RECIPIENT:
Name Allan Ekberg
Title Mayor
12-23-2022
Date
APPROVED AS TO FORM
FrSigned via SFramlesrDucs.com
cYK
ne 63owee
<Ery•
Office of the City Attorney
Page 5 of 7
Project Name: Award Number:
Project No. 1: Gilliam Creek 'Fish Passage and Habitat Enhancement 4.22.35
Project No. 2: S 131st Street Drainage Im.provements /DLIW 19- Southgate Creek Restoration. 4.22.49
EXHIBIT A: PROJECT DESCRIPTION
PROJECT NAME
Gilliam Creek
Fish Passage and
Habitat
Enhancement
S 131st Street
Drainage
Improvements
/DUW 19 -
Southgate Creek
Restoration
RECIPIENT
City of
Tukwila
DESCRIPTION
Restore fish passage between Gilliam Creek and the
Green River and improve habitat conditions within lower
Gilliam Creek. Gilliam Creek is mostly inaccessible to
aquatic species due to the presence of a 1960s era 108" -
diameter flapgate at the outlet of a 207 -foot -long culvert
beneath 66th Ave. 5.
LEVERAGE
$600,000
AWARD
$250,000
Southgate Creek overtops its banks approximately twice
annually and flows down a private driveway resulting on
flooding, debris cleanup, and minor property damage.
The scope of the design work will be to analyze options
and develop a design that would replace an undersized
48" culvert under 5. 1315' Street and potentially raise the
roadway. In addition, the City will analyze upstream
conditions to identify sources of sedimentation and
erosion that contribute to flooding issues within the 5
1315' Street project area; this effort will also identify
conveyance, fish passage, water quality and habitat issues
and develop a project list that will improve conditions
within Southgate Creek.
$327,720
$100,000
TOTALS
$927,720
$350,000
EXHIBIT B-1: Scope of Work for Gilliam Creek Fish Passage and Habitat Enhancement
TASKS
Task 1: Project
Administration
(Required task)
ACflVffIES AND DELIVERABLES
APPROX.
PERCENT OF
AWARD
REQUEST
MONTH/YEAR
TASK WILL BE
COMPLETED
December
2025
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.
1%
Task 2:
Permitting
The City will hire a professional design consulting team to
execute permitting for the preferred alternative up to 100%
design. Deliverables will be the permits for design and
construction.
39%
March 2025
Task 3: Design
The City will hire a professional design consulting team to
execute design for the preferred alternative up to 100% design.
Deliverable will be plans, specifications, and cost estimates to
prepare the project for the construction phase.
60%
December
2025
Page 6 of 7
Project Name: Award Number:
Project No. 1: Gilliam Creek 'Fish Passage and Habitat Enhancement 4.22.35
Project No. 2: S 131st Street Drainage Improvements /DLIW 19- Southgate Creek Restoration. 4.22.49
EXHIBIT B-2: Scope of Work for S 131st Street Drainage Improvements /DU1N 19- Southgate
Creek Restoration
TASKS
ACTIV IES AND DELl VERABLES
APPROXOF .
PERCENT
AWARD
REQUEST
MONTH/YEAR
TASK WILL BE
COMPLETED
Task 1: Project
Submit reimbursement request forms, backup documentation
5%
December
Administration
(Required task)
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.
2025
Task 2: Design
Design and permitting for the 5 131Street drainage project.
65%
December
& Permitting
Deliverables will include site survey, studies and reports;
alternative analysis, permitting, and 30%, 60%, 90% plans,
specifications and estimate.
2024
Task 3:
Watershed -scale analysis identifying urban stream issues related
30%
December
Analysis
to flooding, flow, erosion, water quality, habitat and fish
passage. Develop a report and prioritized list of potential
projects.
2025
EXHIBIT C: BUDGET
Budget Item
Staffing
Commercial Services & Crew Time
Gilliam Creek Fish
Passage and Habitat
Enhancement
rant Award Amount
S 131st Street Drainage
Improvements /DUW 19 -
Southgate Creek
Restoration
,000
$95,000
$2,500
$247,500
Tot
Total
Page 7 of 7
0
$250,000
0