HomeMy WebLinkAboutAG 09-138 - KING COUNTY FLOOD CONTROL ZONE DISTRICT
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CITY OF FEDERAL WAY LAW DEPARTMENT
RETURN TO:
REQUEST FOR CONTRACT PREPARATIONIDOCUMENT REVIEW/SIGNATURE ROUTING SLIP
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ORIGINATING DEPT.IDIV:
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10. CONTRACT REVIEW
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ATTACH: SIGNATURE AUTHORITY, INSURANCE
CERTIFIC1~1 LICENSES, EXHIBITS
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ORIGINATING STAFF PERSON:
TYPE OF DOCUMENT REQUESTED (CHECK ONE)
D CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ)
D PUBLIC WORKS CONTRACT D SMALL PUBLIC WORKS CONTRACT
D PROFESSIONAL SERVICE AGREEMENT D MAINTENANCE AGREEMENT
D GOODS AND SERVICE AGREEMENT D HUMANSERVICES/CDBG
D REAL ESTATE DOCUMENT D SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS)
D ORDINANCE D RESOLUTION
~CONTRACT AMENDMENT AG#: . p ~
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PROJECT NAME: c:;;;;;.~~ ~Q.... ~()....L ~
NAME OF t~;~A:iioR: K i'j County f-l>ocL- to nirD I 20 he- 1) is4r-f cJ-
EXHIBITS AND ATTACHMENTS: D SCOPE, WORK OR SERVICES D COMPENSATION D INSURANCE REQUIREMENTs/CERTIFICATE
D ALL OTHER REFERENCED EXHIBITS D PROOF OF AUTHORITY TO SIGN D REQUIRED LICENSES D PRIOR CONTRACT/AMENDMENTS
TERM: COMMENCEMENT DATE: 20 o~ COMPLETION DATE: N \ ~
TOTAL CO:MPE}'T~f.:rI<::>>r ~ ~ ~ \ ~ \e::... (INCLUDE EXPENSES AND SALES TAX, IF ANY)
(IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES)
REIMBURSABLE EXPENSE: DYES D NO IF YES, MAXIMUM DOLIfRAMOUNT: $
IS SALES TAX OWED DYES D NO IF YES, $ ~ ~ PAID BY: D CONTRACTOR D CITY
)<.PURCHASING: PLEASE CHARGE TO: t-....j ( .~
INITIALIDATE APPROVED
DATE REC'D:
~IAL/DATE SIGNED
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r ORIGINAL 1
INTERLOCAL COOPERATION AGREEMENT BETWEEN THE KING
COUNTY FLOOD CONTROL ZONE DISTRICT
AND THE CITY OF FEDERAL WAY FOR
OPPORTUNITY FUND PROJECTS
THIS INTERLOCAL COOPERATION AGREEMENT is entered into between
the CITY OF FEDERAL WAY, a municipal corporation of the State of Washington
("City"), and the KING COUNTY FLOOD CONTROL ZONE DISTRICT, a quasi
municipal corporation of the State of Washington ("District") ("Parties" or when singular
"Party"), and shall be effective upon execution by the Municipality and the District.
Article I. Recitals.
In April 2007, the King County Council, as authorized by chapter 86.15 RCW,
created the District as a quasi-municipal corporation. The King County Council members
ex officio constitute the Board of Supervisors of the District, the governing body of the
District.
In Resolution FCZD 2008-15.2, the Board of Supervisors approved the District's
2009 budget and annual work program, and allocated 10 percent of the District's annual
property tax revenues for a sub-regional opportunity fund to be used by King County
municipalities. The Board of Supervisors further determined that eligibility of projects
for opportunity funds be based on consistency with chapter 86.15 RCW; provided that
expenditures under RCW 86.15.035 and RCW 39.34.190 for salmonid habitat protection
be linked to the construction of a flood or stormwater project. The Board of Supervisors
also allocated the opportunity funds to a municipality based on that municipality's
proportional contribution to the overall King County assessed valuation, as collected.
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In Resolution FCZD 2009-01.1, the Board of Supervisors included the projects
and activities described in Attachment A to this Agreement in an amendment to the
District's annual budget and work program for the year 2009.
The Board of Supervisors desires to have the City implement its approved
opportunity fund projects and activities for the years 2008 and 2009, as well as the
projects and activities that are approved for the City in subsequent District annual budgets
and work programs. The City desires to implement such projects and activities, and to
receive opportunity funds to finance in whole or in part such projects and activities.
The City and the District are authorized to enter into this Agreement pursuant to
Chapter 39.34 RCW (the Interlocal Cooperation Act), and agree as follows:
Article II. Definitions.
2.1 Eligibility Criteria. The term "Eligibility Criteria" means one of the two
following criteria that Projects shall meet to qualifY for Opportunity Funds:
2.1.1. Under RCW 86.15.110, Opportunity Funds may be expended for
either flood control improvements or stormwater control improvements that are extended,
enlarged, acquired or constructed, provided that the City has developed a comprehensive
plan of development for flood control or for stormwater control, respectively, and the
improvement contributes to the objectives of the plan. For flood control improvements,
such plan shall be submitted to and approved by the Department of Ecology. In addition,
for newly constructed improvements, the City shall develop preliminary engineering
studies and plans, and such plans and studies shall be filed with the District's engineer.
For all projects, the City shall provide cost estimates and underlying data and shall
describe the benefit provided by the improvement.
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2.1 .2. Pursuant to the criteria in RCW 86.15.035 and RCW 39.34.190, as
modified by Resolution FCZD 2008-15.2, District funds may be expended for
cooperative watershed management actions, including watershed management
partnerships and other intergovernmental agreements, for the purposes of water supply,
water quality, and water resource and habitat protection and management, provided that
Opportunity Funds expended for salmon habitat protection shall be linked to the
construction of a flood or stormwater project, and provided further that all such funds
shall be used for the implementation of watershed management plans, including but not
limited to the following:
a. Watershed plans developed under chapter 90.82 RCW;
b. Salmon recovery plans developed under chapter 77.85 RCW;
c. Watershed management elements of comprehensive land use plans
developed under the growth management act, chapter 36.70A RCW;
d. Watershed management elements of shoreline master programs developed
under the shoreline management act, chapter 90.58 RCW;
e. Nonpoint pollution action plans developed under the Puget Sound water
quality management planning authorities of chapter 90.71 RCWand
chapter 400-12 WAC;
f. Other comprehensive management plans addressing watershed health at a
WRIA level or sub- WRIA basin drainage level;
g. Coordinated water system plans under chapter 70.116 RCW and similar
regional plans for water supply; and
h. Any combination of the foregoing plans in an integrated watershed
management plan.
The authority to use funds for implementation of these plans is broadly construed to
include:
1. Coordination and oversight of watershed management plan
implementation, including funding a watershed management partnership for
this purpose;
2. Technical support, monitoring, and data collection and analysis;
3. Design, development, construction, and operation of projects included in
the plan; and
4. Conducting activities and programs included as elements in the plan.
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2.2 Project. The term "Project" or "Projects" means specific projects or
activities that meet the Eligibility Criteria of this Agreement, are approved by the Board of
Supervisors in a resolution approving the annual budget and work program, or amendment
thereto, and are described in an attachment to this Agreement that is approved pursuant to
this Agreement.
2.3 Opportunity Funds. The term "Opportunity Funds" means the funds made
available by the Board of Supervisors to the municipalities within King County for
implementation of Projects. For each of the years 2008 and 2009, these funds represent 10
percent of property tax revenues collected for each of those years, and are available to
individual municipalities based on the proportional amount that municipality's assessed
valuation as collected (as determined by the King County Assessor's office) bears to the
entire amount of assessed valuation in all of King County (as determined by the King
County Assessor's office). For the years after 2009, this term means District funds that are
designated as "Opportunity Funds" by the Board of Supervisors in either a resolution
approving the District's annual budget and work program or a separate resolution.
2.4 Service Provider. The term "Service Provider" means the Water and Land
Resources Division of the King County Department of Natural Resources and Parks.
Article III. Duration of Agreement--Survival of Agreement.
This Agreement shall be effective upon execution by both Parties, and shall remain
in effect until terminated by one or both of the Parties. Either Party may terminate this
Agreement by providing written notice of termination to the other Party no less than sixty
(60) days prior to the effective date of termination. This Agreement also may be terminated
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upon mutual agreement of the Parties expressed in writing. Sections 4.2, 5.2, 5.3, 5.4, 5.5,
6.3,6.4 and 6.5 and Article VII shall survive any termination of this Agreement.
Article IV. Conditions of Agreement.
4.1 Project Descriptions. The initial approved Projects are described in
Attachment A, which is incorporated by reference. Subsequent approved Projects shall be
described in new Attachments to this Agreement that are approved through the amendment
process of Section 7.2.2, which Attachments shall be incorporated by reference into this
Agreement.
4.2 Use of Funds. The City shall use Opportunity Funds distributed pursuant to
this Agreement only for expenses related to the Projects.
Article V. Responsibilities of City.
5.1 Project Application and Description. The City may submit an application
for distribution of Opportunity Funds within a period of time designated by the Service
Provider and on a form approved by the Service Provider. As part of the application to
receive Opportunity Funds, the City shall submit to the Service Provider the following
information for each proposed Project:
5 .1.1. Name of proposed project or activity;
5.1.2. Description ofthe flooding, storm water, or watershed management
problem to be addressed (one to two paragraphs);
5.1.3. Description of how the proposed project or activity will address the
problem (one to two paragraphs);
5.1.4. Type of project or activity (e.g., feasibility study, design.
construction, acquisition, programmatic activities, etc.);
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5.1.5. Description of how the project or activity satisfies the '"Eligibility
Criteria," as defined in this Agreement;
5.1.6. Identification of the plan (flood control, stormwater control, or
watershed management) that includes the Project;
5.1.7. Product/deliverable and, for constructed Projects, design plans or
studies; and
5.] .8. Schedule, milestones, costs and budget for each Project, consistent
with the requirements of this Agreement.
The schedule for a Project shall provide for the expenditure of Opportunity Funds
within two years after the commencement date of the Project. The City shall submit a
request for distribution of Opportunity Funds after an actual expenditure is incurred for the
Project, provided that the City may request distribution of up to 10 percent of Opportunity
Funds for a Project upon approval of a Project by the Board of Supervisors. After approval
of the Project by the Board of Supervisors, the application form, as approved by the Board
of Supervisors, shall become an attachment to this Agreement through the amendment
process in Section 7.2.2.
5.2 City Obligations for Projects. The City shall implement the Project as
described and provided for in the approved attachment to this Agreement. Upon receipt,
the City shall deposit Opportunity Funds in a separate account, which shall accrue interest
at the rate earned by the City on its investments. To request a distribution of Opportunity
Funds, the City shall submit to the Service Provider such information and proof of
expenditure as requested by the Service Provider.
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5.3. Projects Seeking Opportunity Funds Beyond Current Appropriation Year.
The City may request distribution of Opportunity Funds beyond the appropriation year for
the District's budget and annual work program, provided that District approval of such
distribution of Opportunity Funds shall not be construed as nor constitute a District
obligation or commitment to appropriate Opportunity Funds for the Project beyond the
approved appropriation year. The District shall have no obligation to provide Opportunity
Funds beyond the appropriation year for the District's budget and annual work program,
provided that the District shall distribute to the City after such appropriation year any
Opportunity Funds that were allocated to the City in such appropriation year and in previous
years and that have not been distributed to the City.
5.4 Reporting.
5.4.1. Until the Project is completed or all Opportunity Funds for a Project
have been spent, the City shall provide semi-annually to the Service Provider brief written
reports describing the progress on and status of the Project and any other relevant
information that the Service Provider may request to determine compliance with this
Agreement.
5.4.2. Upon completion of a Project, or upon expenditure of all of the
Opportunity Funds for the Project, whichever occurs first, the City shall submit a final
report to the Service Provider within 90 days of such completion or expenditure. The final
report shall contain a summary of all Project expenditures, copies of invoices if requested
by the Service Provider, a description of the Project status and accomplishments, and other
relevant information requested by the Service Provider to verify compliance with this
Agreement. The final report also shall contain a certification that all Opportunity Funds
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provided to the City were expended solely on the Project in accordance with this Agreement
and the Project approval. If a Project is not completed prior to termination of this
Agreement, a report as described in this Section shall be provided to the Service Provider
within 90 days of such termination. All records relating to a Project shall be retained by the
City for a minimum of seven years, unless required by law to be retained for a longer
period, in which case the longer period shall apply.
5.5 City obligations upon Project completion or termination. As consideration
for receipt Opportunity Funds to implement the Project, the City agrees that:
5.5.1. If the Project involves developing a report or study, undertaking a
study or collecting data, or producing written or electronic materials of any kind, copies of
all such materials shall be provided upon request to the District or the Service Provider; and
5.5.2. Ifthe Project involves the acquisition, extension, enlargement, or
construction of a physical improvement, the City shall take ownership of, and shall be
obligated to operate, maintain, and repair such improvement for the ordinary expected
useful life of such improvement.
5.5.3 If the City terminates a Project, and the City has not expended all of
the Opportunity Funds paid in advance pursuant to Section 6.3, the City shall return to the
Service Provider the remaining Opportunity Funds within 60 days of the close of the
calendar year in which the Project was terminated. Such returned Opportunity Funds shall
be credited to the City's Opportunity Fund account, and may be used on future approved
Projects, provided that if the Board of Supervisors has terminated the Opportunity Fund
program at that time, the returned Opportunity Funds may be used by the District for
District projects and activities.
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Article VI. Responsibilities of District.
6.1 Upon timely submission of a Project application by the City, the Service
Provider will review the application, provide reasonable and appropriate feedback, and
consider including the Project as an element of the District's annual budget and work
program.
6.2 If the Board of Supervisors approves the Project application by including the
Project in the District's annual budget and work program, or an amendment thereto, the
Service Provider shall attach a copy of the Project application as approved to this
Agreement and it shall become a part hereof.
6.3 The District, through the Service Provider, shall distribute Opportunity
Funds, up to the remaining amount of the City's total Opportunity Fund allocation, after
City expenditure of funds for a Project as set forth in the approved schedule for the
Project, provided that upon request of the City, the District shall pay up to lO percent of
the total Opportunity Funds allocated for a Project upon approval of an attachment to this
Agreement. The Service Provider shall pay the Opportunity Funds after confirming that
the expenditures have been made consistent with the Project approval and schedule.
6.4 The District assumes no obligation for future support of Projects meeting the
Eligibility Criteria except as expressly set forth in this Agreement.
6.5 The District shall have no obligation to provide Opportunity Funds beyond
the appropriation year for the District's budget and annual work program, provided that the
District shall distribute to the City after such appropriation year any Opportunity Funds that
were allocated to the City in such appropriation year and in previous years and that have not
been distributed to the City.
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Article VII. Other Provisions.
7.1 Hold Harmless and Indemnification.
7.1.1. The District assumes no responsibility for the direct payment of any
compensation, fees, wages, benefits or taxes to or on behalf of the City, its employees,
contractors or others by reason of this Agreement. The City shall protect, indemnify and
save harmless the District, its officers, agents, employees and the Service Provider from any
and all claims, cost and whatsoever occurring or resulting from (I) the City's failure to pay
any compensation, fees, wages, benefits or taxes, and (2) the supplying to the City of works
services, materials or supplies by City employees or agents or other contractors or suppliers
in connection with or in support of performance of this Agreement.
7.1.2. The City further agrees that it is financially responsible for and will
repay the District all indicated amounts following an audit exception, which occurs due to
the negligent or intentional acts by the City, its officers, employees, agents or
representatives.
7.1.3. The City shall protect, indemnify and save harmless the District from
any and all costs, claims, judgments, or awards of damages, arising out of or in any way
resulting from the negligent acts or omissions of the City, its officers, employees or agents
in connection with the implementation of the terms of this Agreement and/or
implementation of the Projects. For purpose ofthis Agreement only, the City agrees to
waive the immunity granted it for industrial insurance claims pursuant to Washington
Statute Chapter 51 to the extent necessary to extend its obligations under this paragraph to
any claim, demand, or cause of action brought by or on behalf of any employee, including
judgments, awards and costs arising therefrom including attorney's fees.
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IN WITNESS WHEREOF, authorized representatives of the parties hereto have
signed their names in the spaces put forth below:
CITY OF FEDERAL WAY
By /Jr01 J Lvl/lcv, .hit/1/) C5 /J1U1t~.
Mayor (or City Manager of Executive)
Date: 7A.;!.hot.;
,. "
Approved as to form:
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Municipal Attorney
KING COUNTY FLOOD CONTROL
ZONE DISTRICT
~4f~
cuti7 Dhctor
Date: ~ ,)6 09
,
Acting under the authority of
Resolution Fe!J ~60l? -Ie J
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7.2 Amendment.
7.2.1. This Agreement may be modified by written instrument approved by
the City Council and the District Board of Supervisors and signed by the Parties.
7.2.2. This Agreement also may be modified by additional attachment for
Projects subsequently approved by the Board of Supervisors. After approval of a Project in
the District's annual budget and work program, or amendment thereto, the Project
application as approved shall become an attachment to this Agreement and shall constitute
an amendment to this Agreement without further action by either Party.
7.3 Contract Waiver. No waiver by either Party of any term or condition of this
Agreement shall be deemed or construed to be a waiver of any other term or condition, nor
shall a waiver of any breach be deemed to constitute a waiver of any subsequent breach
whether of the same or different provision of this Agreement. No waiver shall be effective
unless made in writing.
7.4 No Third Party Rights. Nothing in this Agreement shall be construed to
create any rights in or duties to any third party, nor any liability to or standard of care with
reference to any third party.
7.5. Entirety. This Agreement is the complete expression of the terms hereto and
any oral representations or understandings not incorporated are excluded. This Agreement
merges and supersedes all prior negotiations, representations and agreements between the
parties relating to the projects and constitutes the entire agreement between the parties. The
parties recognize that time is of the essence in the performance of the provisions of this
Agreement.
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KINC; COUNTY
FLOOD CONTROL
DISTltlCT
King County Water Land Resource Division
River and Floodplain Management
tQ
King County
Sub-Regional Opportunity Fund Project Application
A lication Due Date: December 8, 2008
Jurisdiction: City of Federal Way
1) Do you wish to forego the receipt of your Opportunity Fund allocation this year, allowing it to accrue for a
future ear? Yes No
2) Would you prefer to apply your Opportunity Funds toward an existing project on the District's 6-year CIP?
Yes No If Yes, lease rovide the name of the ro'ect:
If ou said Yes to either 1 or 2 above. au do not need to com Jete the remainder of this form.
3) Proposed project or activity name Easter Lake Stormwater Flood Control Improvements: 10th Ave. South- S. 306th St. to
and location: S. 308th St. & S. 308th Street- 10th Ave. S. to 1250 Block
4) Description of the flooding, stormwater, or linked watershed management problem that this project or
activity will address (1500 character maximum):
The existing Easter Lake outlet system, which consists of a congested forested wetland channel and an undersized culvert located
south of S. 308lh Street and 630 lineal feet of 18-inch diameter pipe along 10th Avenue South (between S. 3061h Street and S. 3081h
Street), does not have enough capacity to prevent chronic flooding of lake shorelands (which includes habitable space within a large
nursing home facility and unheated vehicle parking and storage units in an adjacent condominium complex).
Additionally; the 1200 block 01 the S 3081h Street minor arterial, which serves the Federal Way High School and Memorial Stadium
sports complex, must be closed due to roadway flooding up to several times per year. The flooding is caused by insufficient flow
capacity in the existing outfall trunk which extends between a roadway sag and the existing 10th Avenue South trunk pipe. Due to
backwater created from flooding on the S. 308th Street roadway, a parking lot and garage are often flooded at the Lake Easter Estates
condominium complex located immediately south of the low point on S. 308th Street.
5) Description of how the proposed activity will address the problem outlined in number 2 (1500 character
maximum):
The proposed project will install approximately 630LF of 24" diamater stormwater trunk along 10lh Avenue South parallel with the
existing conveyance system, install an intake structure with debris guard on the south side of S. 308th Street to intercept flows from the
existing lake outlet channel, and install a 30-inch diameter pipe along S. 3081h Street between 10lh Avenue South and the roadway sag
in the 1200 block. Additionally; the project will install a new 30-inch diameter combination inlet I oulletlake connection pipe between
the NW corner of the lake and S. 3081h Street.
During periOdS of high lake water levels, stormwater flows from S. 3081h Street and the lake would be conveyed through the proposed
new pipes directly into the S. 308!h Street and 10th Avenue South trunks to reduce peak lake levels and related lakeshore and habitable
s.tructural flooding to above a 1 OO-year frequency and reduce roadway flooding to above a 25-year frequency.
6) Type of
Activity:
o Other - identify:
7) Describe how the proposed project or activity satisfies the eligibility criteria for at least one of the three
categories listed in Section III of the attached document (1500 character maximum):
This project satifies eligility criteria #2 to correct two known stormwater flooding problems which have been identified in the City's
approved Comprehensive Surface Water Management Plan by replacing and undersized stormwater trunk located in city streets and
by increasing the flow capacity of the Easter Lake outlet system.
Page 1 of 2
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8) Identify the management plan (i.e. flood control, stormwater control, or watershed management) within
which implementation of the project or activity is an element or is recommended:
Stormwater Control
9} Identify deliverables and any relevant design plans or studies (for construction projects):
100% Design to be completed iby March of 2009 with construction to be completed by the fall of 2009.
10} Identify a timeline for this project from inception to completion. List any relevant milestones, and provide a
rough estimate of project costs and budget:
The 100% Design and environmental permitting are scheduled 10 be completed and accepted by City Council on February 3, 2009
wilh com lelion of conslruction and Ci Council r 'ect Acce lance scheduled for the winter of 2009.
For Informarional Purposes Only: We wish 10 inform the Flood Control District Board of Supervisors on how Opportunily Funds
leverage other resources, and we appreciate any information you are willing to provide in this regard. If you plan to partner with other
jurisdiclions 10 conduct a project or otherwise intend to use your Opportunity Fund allocation to leverage grant funds or other surface
water management funds, please provide us with this information (1200 character limit):
No olher resources are antici aled.
For Internal Use Onl
Page 2 of 2
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