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AG 16-144RETURN TO: PW ADMIN EXT: 2700 ID # 97� CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT /DIV: PUBLIC WORKS / Sw Ark. 2. ORIGINATING STAFF PERSON: Fi; 0••'* EXT: 1 S I 3. DATE REQ. BY: 2-00 ( L 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ REAL ESTATE DOCUMENT ❑ ORDINANCE ❑ CONTRACT AMENDMENT (AG #): OTHER i� t A 5 Co F to o4 5. PROJECT NAME: J KG (" �` -Floo.1 6. NAME OF CONTRACTOR: �� ADDRESS: .? Q i - . 1�r�l M M i 1 li E -MAIL: Ain111 • ._1 SIGNATURE NAME: J 011.4,1 Tail • Y- ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ MAINTENANCE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ RESOLUTION ❑ INTERLOCAL �� C.a,. -h►-o ( ?�i � fti' � � Floo 1 2a-dk -c�t�o •► TELEPHONE:0)O�Q .`l n -LQo: FAX: TITLE: 7. EXHIBITS AND ATTACHMENTS: g--SCOPE, WORK OR SERVICES ,COMPENSATION ❑ INSURANCE REQUIREMENTS /CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT /AMENDMENTS CFW LICENSE # BL, EXP. 12/31/ UBI # , EXP. / / % 8. TERM: COMMENCEMENT DATE: / ,g 5 L i Lip COMPLETION DATE: /g/ 1// 9. TOTAL COMPENSATION: $ SP b L ) a w ad- d (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: ❑ YES ❑ NO IF YES, $ ❑ PURCHASING: PLEASE CHARGE TO: - - ► 11AV 10. DOCUENT / CONTRACT REVIEW t5 PROJECT MANAGER DIVISION MANAGER ❑ DEPUTY DIRECTOR p DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) —� LAW DEPT 11. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: 11 / ? 1 i i!/ PAID BY: ❑ CONTRACTOR ❑ CITY INITIAL / DATE REVIEWED / DATE APPROVED / 1 /4 12. CONTRACT SIGNATURE ROUTING f SENT TO VENDOR/CONTRACTOR DATE SENT: iI I/1 i L W n ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS INITIAL / D E SIGNED LAW DEPT CHIEF OF STAFF SIGNATORY (MAYOR OR DIRECTOR) ❑ CITY CLERK- )(ASSIGNED AG # JQ SIGNED COPY RETURNED ❑ RETURN ONE ORIGINAL COMMENTS: EXECUTE " " ORIGINALS LOAM AG# DATE SENT: /2-6u/`l% i rI4 Co q g�� �e� wrin Uk COUNCIL APPROVAL DATE: till 5/R D jaho ()Li DATE REC'D: r W a-' e-4 for oc...C- a� 1r1�%t GW VI o •t- S , r!a- t.t_!"L e e +o 6 -f d 7 o t uC *liee kc-I -tof -hr.Olitir snArs l( fil & ct T4 I,&Jio 1/15 Project Name: Marine Hills Stormwater Conveyance System Repair Award Number: 4.16.03 AGREEMENT FOR AWARD OF FLOOD REDUCTION GRANT FUNDS BETWEEN CITY OF FEDERAL WAY AND KING COUNTY This Agreement is made between King County, a municipal corporation, and the City of Federal Way ( "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, 2017. Project Contacts: King County — Kim Harper, Grant Administrator, 206 - 477 -6079, Kim.harper @kingcounty.gov. Recipient — Fei Tang, 253- 835 -2751, Fei.tang @cityoffederalway.com or Theresa Thurlow, 253- 835 -2750, Theresa .thurlow @cityoffederalway.com. 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; 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 Resolution FCD2013 -14.3 which established a Flood Reduction Grant Program and criteria for awarding grant funding for projects, and on November 16, 2015, the Board passed Resolution FCD2015 -11.2, which authorized an allocation of 52,991,819 from the District's 2016 budget to fund flood reduction projects; and 1.4 Whereas, on October 3, 2016 the District's Board of Supervisors passed Resolution FCD2016 -17.2, 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 1.6 Whereas, the Recipient submitted an application to receive funds for a project to be funded by the Flood Reduction Grant Program; and 1.7 Whereas the District's Board of Supervisors approved funding of Recipient's application Page 1 of 8 Project Name: Marine Hills Stormwater Conveyance System Repair Award Number: 4.16.03 for the project, as described in Attachment A to Resolution FCD2016 -17.2 ( "Project ") in the amount of $400,000 ( "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 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 from the District in accordance with Resolution FCD2016 -17.2, 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 Recipient in the total amount of $400,000 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 FCD2016 -17.2. 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 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) the activities occur after the District passes a resolution approving an award for the Project; 5) such activities and expenses otherwise comply with all other terms of this Agreement; and 6) reimbursements shall be paid to the Recipient only after this Agreement has been fully executed. Page 2 of 8 Project Name: Marine Hills Stormwater Conveyance System Repair Award Number: 4.16.03 2.5. The Recipient shall invoice King County for incurred expenses using the Request for Payment form and Progress Report form for those documented and allowable expenses identified in the Budget and according to the rules set forth in the Grant Policies and Procedures. Blank forms 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 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 that 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 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 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. 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 (otherwise known as "CORE ") as revised. Page 3 of 8 Project Name: Marine Hills Stormwater Conveyance System Repair Award Number: 4.16.03 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 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 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. 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. 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 shall be completed by no later than December 31, 2017. 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. 3.7. 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 Page 4 of 8 Project Name: Marine Hills Stormwater Conveyance System Repair Award Number: 4.16.03 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 the 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 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. This document has been approved as to form by the King County Prosecuting Attorney's Office as of September 12, 2015. KING COUN By N Title Date 12--(1 el )01 By Na RECIPIENT: Title 1 y7-1'1— Date 1 j .2-1- /6, Page 5 of 8 Project Name: Marine Hills Stormwater Conveyance System Repair Award Number: 4.16.03 EXHIBIT A: PROJECT DESCRIPTION PROJECT NAME RECIPIENT DESCRIPTION MATCH AWARD Marine Hills Stormwater Conveyance System Repair Federal Way This project will repair deteriorated stormwater pipes and structures in the Marine Hills subdivision using a cured in place pipe (CIPP) repair system. As a large percentage of deteriorated pipes have retained their original circumference with aligned contiguous joints, a non - invasive method of repair will provide needed structural repairs without reducing current capacity while avoiding costly open trench repairs. $2,085,195 $400,000 Page 6 of 8 Project Name: Marine Hills Stonnwater Conveyance System Repair EXHIBIT B: SCOPE OF WORK Award Number: 4.16.03 TASKS ACTIVITIES AND DELIVERABLES APPROX. PERCENT OF AWARD MONTH /YEAR TASK WILL BE COMPLETED Task 1: Project Administration The recipient will submit reimbursement request forms, backup documentation for billing, and progress reports at least every 6 months. Will submit a Fiscal Closeout form and a Closeout Report form with the final reimbursement request. 3% October 2017 Task 2 Project Design Most of the design activities will be performed by in -house staff. Some of the specialty tasks such as reviewing CIPP specifications and inspection standards will be performed by consultants. Project design will produce plans, specifications, and cost estimate needed for bidding the project. 10% December 2016 Task 3: Open cut repair A contractor will be hired through a competitive bidding process to open cut repair nine (9) sections of the existing storm sewer pipes in the Marine Hills subdivision. 0% October 2016 Task 4: Rehabilitate deteriorated storm sewer pipes A contractor will be hired through a competitive bidding process to rehabilitate deteriorated storm sewer pipes in the Marine Hills subdivision using CIPP method. The project will repair pipes prioritized by a rating of 100 — 71, and pipes rated 70 — 31 will be prioritized for repair dependent on available budget. 75% October 2017 Task 5: Project inspection and construction management In -house staff will perform both project inspection and construction management. Training for inspection staff of the CIPP method will be provided by a consultant. 12% October 2017 Task 6: Repair manhole A contractor will be hired through a competitive bidding process to repair one manhole within the Marine Hills subdivision. 0% October 2017 Page 7 of 8 ee Project Name: Marine Hills Stormwater Conveyance System Repair EXHIBIT C: BUDGET Award Number: 4.16.03 BUDGET ITEM GRANT AWARD REQUEST REQUEST FINANCIAL MATCH (not required) MATCH TOTAL (Grant + Match) SOURCE NAME City Utility Fee KC Flood Control District Sub- regional Opportunity Fund AMOUNT STAFFING 50,000 138,800 42,000 180,800 230,800 COMMERCIAL SERVICES AND CREW TIME 350,000 1,596,200 308,195 1,904,395 2,254,395 TOTAL 400,000 1,735,000 350,195 - 2,085,195 2,485,195 Page 8 of 8