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HomeMy WebLinkAbout24-184 - King County Flood Control District - 2024 Flood Reduction Grant: Gilliam Creek Erosion RepairDocusign Envelope ID: 63A9513C-569E-427E-A21 E-02355F8D8910 24-184 Project Name: Gilliam Creek Inlet Erosion and Slope Stabilization Council Approval 12/2/24 Award Number: 4.24.30 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 "parry"), 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(a�kin cg oun ov. Contact for Recipient: Catrien de Boer, Public Works Analyst, 206-482-9199, catrien.deboerAtukwilawa.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; 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 Page 1 of 9 Docusign Envelope ID: 63A9513C-569E-427E-A21 E-02355F8D8910 Project Name: Gilliam Creek Inlet Erosion and Slope Stabilization Award Number: 4.2430 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 S479,631 ("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 1.11 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 Page 2 of 9 Docusign Envelope ID: 63A9513C-569E-427E-A21 E-02355F8D8910 Project Name: Gilliam Creek Inlet Erosion and Slope Stabilization Award Number: 4.24.30 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. Page 3 of 9 Docusign Envelope ID: 63A9513C-569E-427E-A21 E-02355F8D8910 Project Name: Gilliam Creek Inlet Erosion and Slope Stabilization Award Number: 4.2430 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. Page 4 of 9 Docusign Envelope ID: 63A9513C-569E-427E-A21 E-02355F8D8910 Project Name: Gilliam Creek Inlet Erosion and Slope Stabilization Award Number: 4.2430 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 patties 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 patties 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 patties 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.har>7er(kkinszcounty. og_v catrien.deboerAtukwilawa.s4ov 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 Page 5 of 9 Docusign Envelope ID: 63A9513C-569E-427E-A21 E-02355F8D8910 Project Name: Gilliam Creek Inlet Erosion and Slope Stabilization Award Number: 4.24.30 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. Page 6 of 9 Docusign Envelope ID: 63A9513C-569E-427E-A21 E-02355F8D8910 Project Name: Gilliam Creek Tnlct Erosion and Slopc Stabilization Award Number: 4.24.30 This document has been approved as to form by the King County Prosecuting Attorney's Office as of March 1, 2023. KING COUNTY: Signed by: 056A9C797E6940D... Name Krista Camenzind Title Deputy Director, WLRD, DNRP Date 12/11/2024 RECIPIENT: Signed bDS y: By ,ow�ay: Name Thomas McLeod Title Mayor Date 12/6/2024 1 2:40 PM PST ATTEST/AUTHENTICATED: Signed by: Andy Youn, City Clerk APPROVED AS TO FORM: Signed by: �. Ste. Office o t e ity Attorney Page 7 of 9 Docusign Envelope ID: 63A9513C-569E-427E-A21 E-02355F8D8910 Project Name: Gilliam Creek Inlet Erosion and Slope Stabilization Award Number: 4.24.30 EXHIBIT A: PROJECT DESCRIPTION PROJECT NAME RECIPIENT DESCRIPTION LEVERAGE AWARD Activity Title Activity Description Stabilize and protect eroded Gilliam Creek Percent of Will be Completed streambanks upstream of the 66th Ave S culvert Grant Budget Task 1: Project Submit reimbursement request forms, inlet. The work will include survey, design, 0% Ongoing Administration backup documentation for billing, and permitting, and construction. Permitting will require Gilliam Creek progress reports at least every 6 a Hydraulic Project Approval (HPA) Permit from Inlet Erosion City of WDFW and a 404/401 Permit from the USACE for and Slope Tukwila in -water work. It will also include a Biological $10,000 $479,631 Stabilization request. Evaluation, Flood Plain Permit, Shoreline Permit, Task 2: Design We will hire a professional design SEPA, and Critical Area Report. The work is expected 20% May 2025 consulting team to execute design up to require mitigation for fill below the Ordinary High 0 100%, with 301/6, 601/6, and 901/6 Water (OHW) and permanent stream buffer ouch points. impacts, as well as temporary impact restoration for construction access. EXHIBIT B: SCOPE OF WORK Page 8 of 9 Estimated Month/Year Task Activity Title Activity Description Deliverables Percent of Will be Completed Grant Budget Task 1: Project Submit reimbursement request forms, Reimbursement Request 0% Ongoing Administration backup documentation for billing, and forms and Backup progress reports at least every 6 Documentation months. Submit a Closeout Report form with the final reimbursement request. Task 2: Design We will hire a professional design Deliverable will be plans, 20% May 2025 consulting team to execute design up specifications, and cost 0 100%, with 301/6, 601/6, and 901/6 estimates to prepare the ouch points. project for the construction Phase Task 3: Permitting We will hire a professional design Deliverables will be the 7% May 2025 consulting team to execute permitting permits for design and or the proposed project. construction Task 4: We will hire a consultant to administer Deliverable will be 20% October 2026 Construction construction management. inspection reports. Management Task 5: We will hire a contractor to construct A completed project that S3% October 2026 Construction and implement the proposed work; meets the contract plans, including but not limited to removing and specifications debris, installing geotextile, and installing a rockery wall. Page 8 of 9 Docusign Envelope ID: 63A9513C-569E-427E-A21 E-02355F8D8910 Project Name: Gilliam Creek Inlet Erosion and Slope Stabilization Award Number: 4.24.30 EXHIBIT C: BUDGET BUDGET ITEM GRANT REQUEST COMMERCIAL SERVICES AND CREW TIME $479,631 TOTAL $479,631 Page 9 of 9