HomeMy WebLinkAboutTIS 2024-11-25 Item 2D - Grant Agreement - King County Flood Control District 2024 Flood Reduction Grant for Gilliam Creek Erosion RepairCity of Tukwila
Thomas McLeod, Mayor
Public Works Department - Pete Mayer, Interim Director
INFORMATIONAL MEMORANDUM
TO: Transportation and Infrastructure Services Committee
FROM: Pete Mayer, Deputy City Administrator/ Interim Public Works Director
BY: Catrien de Boer, Public Works Analyst
CC: Mayor McLeod
DATE: November 22, 2024
SUBJECT: Accept a King Couty Flood Control District 2024 Flood Reduction Grant Award
Gilliam Creek Erosion Repair
Project No. 82541202
ISSUE
Accept a King County Flood Control District (FCD) 2024 Flood Reduction Grant for Gilliam Creek
Erosion Repair in the amount of $479,631.
BACKGROUND
In June 2024, City staff submitted an application to the FCD 2024 Flood Reduction grant program to
fund design, permitting, and construction for the Gilliam Creek Erosion Repair project. The goal of this
project is to stabilize the streambank upstream of the culvert inlet so it can handle repeated, intense
urban flooding. In the short term, the main goal is to prevent flooding and protect nearby property by
reinforcing the streambanks near the culvert. This temporary protection will be in place until the City
can create a lasting solution that supports fish passage, debris flow, and habitat improvement.
DISCUSSION
On October 8, 2024, City staff were notified that we received full funding in the amount of $479,631 for
our project. The proposed work will include survey, design, permitting, and construction. Tukwila's
consultants Otak and Landau Associates assessed the scour in the summer of 2023 and developed a
conceptual repair plan to prevent further erosion which was included in our application. The repair
includes placing rock foundations and armoring the slopes with large rock. The Washington Department
of Fish and Wildlife (WDFW) and Muckleshoot Indian Tribe (MIT) have been notified of the erosion and
the City's intent to apply for permits for in -water work to stabilize the slopes.
FISCAL IMPACT
The City has been awarded $479,631 for design, permitting, and construction of the Gilliam Creek
Erosion Repair project. There is no local city match associated with this grant.
RECOMMENDATION
Council is being asked to accept a 2024 Flood Reduction Grant and consider this item under
Unfinished Business on the December 2, 2024 Meeting.
Attachments: Draft Grant Agreement and Vicinity Maps
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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, 2027.
Project Contacts:
Contact for King County: Kim Harper, Grant Administrator, 206-477-6079,
Kim.harper@kingcounty.gov.
Contact for Recipient: Catrien de Boer, Public Works Analyst, 206-482-9199,
catrien.deboer@tukwilawa.gov
1.1
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;
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;
1.3 Whereas, on November 12, 2013, the Board of Supervisors of the District (the "Board")
passed Resolution FCD 2013-14 which established a Flood Reduction Grant Program
and criteria for awarding grant funding for projects;
1.4 Whereas, on November 7, 2023, the Board passed Resolution FCD 2023-10, which
authorized an allocation of $13,415,191 from the District's 2024 budget to fund flood
reduction projects;
1.5 Whereas, on October 8, 2024, the Board passed Resolution FCD 2024-11, which
approved the flood reduction projects described in Attachment A to that Resolution;
1.6 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
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and Procedures");
1.7 Whereas, the Recipient submitted an application to receive funds for a project to be
funded by the Flood Reduction Grant Program;
1.8 Whereas, the Board approved funding of Recipient's application for the project
("Project"), as described in Attachment A to Resolution FCD 2024-11 in the amount of
$479,631 ("Award")
1.9 Whereas, Exhibit A, attached hereto and incorporated herein by this reference, contains a
description of the Project as described in Attachment A to Resolution FCD 2024-11;
1.10 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 the Resolution approving
funding for the Project; and
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 FCD 2024-11 and the Grant
Policies and Procedures, and 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 the Recipient in the total amount of
$479,631 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. 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 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
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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) such activities and expenses otherwise comply with all other terms of this
Agreement; 5) such activities and expenses do not occur prior to the date the grants were
approved by the District; 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, 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 Budget 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 form and backup
documentation of claimed expenses shall be submitted with all payment requests. A one-
time advance 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 Request for Payment. The amount of the
advance may not exceed 25% of the total award amount. Documentation of payments
made from advances 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 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 Close-out Report form, or online equivalent to this form upon the
County's implementation of an online reporting database. 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.
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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 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 suits, claims,
alleged liability, actions, losses, costs, expenses (including reasonable attorney's fees),
penalties, settlements and damages of whatsoever kind or nature, arising out of, in
connection with, or incident to any acts or omissions of the Recipient, its employees,
agents, contractors, or subcontractors in performing its obligations under the terms of this
Agreement, except to the extent of the County's or the District's sole negligence.
The Recipient's obligations under this provision shall include, but not be limited to, the
duty to promptly accept tender of defense and provide defense to the County and the
District with legal counsel acceptable to the County and the District at Recipient's own
expense. Recipient, by mutual negotiation, hereby waives, as respects the County and the
District only, any immunity that would otherwise be available against such claims under
the Industrial Insurance provisions of Title 51 RCW. In the event it is necessary for the
County or the District to incur attorney's fees, legal expenses, or other costs to enforce
the provisions of this section, all such fees, expenses, and costs shall be recoverable from
Recipient. The provisions of this section shall survive the expiration, abandonment, or
termination 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
3.1. This Agreement shall be binding upon and inure to the benefit of the parties and their
respective successors and assigns. The Recipient shall not assign this Agreement to a
third party.
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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 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 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.
3.4. Unless otherwise specified in the Agreement, all notices or documentation required or
provided pursuant to this Agreement shall be in electronic form and shall be deemed duly
given when received at the addresses set forth below via electronic mail and transmittal is
demonstrated by an electronic delivery receipt or similar confirmation.
King County
Recipient
Kim Harper
Catrien de Boer
Grant Administrator
Public Works Analyst
King County WLRD
City of Tukwila
kim.harper@kingcounty.gov
catrien.deboer@tukwilawa.gov
Either party hereto may, at any time, by giving ten (10) days written notice to the other
party to designate any other address in substitution of the foregoing address to which
such notice or communication shall be given.
3.5. 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.
3.6. The Project shall be completed by no later than December 31, 2027. 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.
3.7. The Agreement will be terminated if the Recipient is unable or unwilling to expend the
Award as specified in Section 2.2 and Exhibits B and C. In the event of termination
under this section, the County shall be released from any obligation to fund the Project
and Recipient shall forfeit all rights to the unexpended portion of the Award.
3.8. If the County determines that a breach of contract has occurred or does not approve of the
Recipient's performance, it will give the Recipient written notification of unacceptable
performance. Recipient will then take corrective action within a reasonable period of
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time, as may be defined by King County in its sole discretion in its written notification to
Recipient. King County may withhold any payment owed Recipient until the County is
satisfied that corrective action has been taken or completed.
3.9. Waiver of breach of any provision in this Agreement shall not be deemed to be a waiver
of any 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 County, which
shall be attached to the original Agreement. Waiver of any default shall not be deemed to
be a waiver of any subsequent defaults.
3.10. KCC chapters 12.16, 12.17 and 12.18 are incorporated herein by reference and the
requirements in these code sections shall specifically apply to this Agreement. In its
performance under this Agreement the Recipient shall not discriminate against any
person on the basis of race, color, age, gender, marital status, sexual orientation, gender
identity or expression, religion, ancestry, national origin, disability or use of a service or
assistive animal by an individual with a disability, unless based upon a bona fide
occupational qualification, and the Recipient shall not violate any of the terms of chapter
49.60 RCW, Title VII of the Civil Rights Act of 1964, or any other applicable federal,
state, or local law or regulation regarding nondiscrimination in employment.
3.11. None of the funds, materials, property, or services provided directly or indirectly under
this Agreement shall be used for any partisan political activity or to further the election or
defeat of any candidate for public office.
3.12. This Agreement may be signed in multiple counterparts.
3.13. 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.
3.14. This Agreement shall be governed by and construed according to the laws of the State of
Washington. Actions pertaining to this Agreement will be brought in King County
Superior Court, King County, Washington.
3.15. 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 or the King County
Council, King County's obligations are contingent upon the appropriation of sufficient
funds by the District or the King County Council 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.
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This document has been approved as to form by the King County Prosecuting Attorney's Office
as of March 1, 2023.
KING COUNTY: RECIPIENT:
By By
Name Name
Title Title
Date Date
ATTEST/AUTHENTICATED:
Andy Youn, City Clerk
APPROVED AS TO FORM:
Office of the City Attorney
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EXHIBIT A: PROJECT DESCRIPTION
PROJECT NAME
RECIPIENT
DESCRIPTION
LEVERAGE
AWARD
Gilliam Creek
Inlet Erosion
and Slope
Stabilization
City of
Tukwila
Stabilize and protect eroded Gilliam Creek
streambanks upstream of the 66th Ave S culvert
inlet. The work will include survey, design,
permitting, and construction. Permitting will require
a Hydraulic Project Approval (HPA) Permit from
WDFW and a 404/401 Permit from the USACE for
in -water work. It will also include a Biological
Evaluation, Flood Plain Permit, Shoreline Permit,
SEPA, and Critical Area Report. The work is expected
to require mitigation for fill below the Ordinary High
Water (OHW) and permanent stream buffer
impacts, as well as temporary impact restoration for
construction access.
$10,000
$479,631
EXHIBIT B: SCOPE OF WORK
Activity Title
Activity Description
Deliverables
Estimated
Percent of
Grant Budget
Month/Year Task
Will be Completed
Task 1: Project
Administration
Submit reimbursement request forms,
backup documentation for billing, and
progress reports at least every 6
months. Submit a Closeout Report
form with the final reimbursement
request.
Reimbursement Request
forms and Backup
Documentation
0%
Ongoing
Task 2: Design
We will hire a professional design
consulting team to execute design up
to 100%, with 30%, 60%, and 90%
touch points.
Deliverable will be plans,
specifications, and cost
estimates to prepare the
project for the
construction Phase
20%
May 2025
Task 3: Permitting
We will hire a professional design
consulting team to execute permitting
for the proposed project.
Deliverables will be the
permits for design and
construction
7%
May 2025
Task 4:
Construction
Management
We will hire a consultant to administer
construction management.
Deliverable will be
inspection reports.
20%
October 2026
Task 5:
Construction
We will hire a contractor to construct
and implement the proposed work;
including but not limited to removing
debris, installing geotextile, and
installing a rockery wall.
A completed project that
meets the contract plans,
and specifications
53%
October 2026
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EXHIBIT C: BUDGET
BUDGET ITEM
GRANT REQUEST
COMMERCIAL SERVICES AND CREW TIME
$479,631
TOTAL
$479,631
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Vicinity Maps
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Howard Hanson Dam
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Tukwila iMap Portal
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