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AG 20-921 - King County Flood Control RETURN TO: PW ADMIN EXT: 2700 ID#: 3814 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PUBLIC WORKS/Surface Water Management 2. ORIGINATING STAFF PERSON: Theresa Thurlow EXT: 2750 3. DATE REQ.Bi: 10.22-20 3. TYPE OF DOCUMENT(CHECK ONE): p CONTRACTOR SELECTION DOCUMENT(E.G.,RFB,RFP,RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT(E.G.BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT(AG#):_ ❑ INTERLOCAL * OTHER grant agreement 4. PROJECT NAME: KCFCD 2020 Flood Reduction Grant 5. NAME OF CONTRACTOR: King County Flood Control District ADDRESS: TELEPHONE:206-477-6079 E-MAIL: kim.harper@kinacounty.gov FAX: SIGNATURE NAME: TITLE: 6. EXHIBITS AND ATTACHMENTS:0 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. 7. TERM: COMMENCEMENT DATE:date of agreement COMPLETION DATE: Nov 2023 8. TOTAL COMPENSATION:$200.000 revenue (INCLUDE EXPENSES AND SALES TAX,IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE-ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: [3 YES O NO IF YES,MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: d YES ❑NO IF YES,$ PAID BY: ❑CONTRACTOR ❑CITY RETAINAGE: RETAINAGE AMOUNT: a RETAINAGE AGREEMENT(SEE CONTRACT)OR ❑RETAINAGE BOND PROVIDED ❑ PURCHASING: PLEASE CHARGE TO: 304-3100-272-???revenue from grant 9. DOCUMENT/CONTRACT REVIEW INITIAL/DATE REVIEWED INITIAL/DATE APPROVED ❑ PROJECT MANAGER I DIVISION MANAGER �x in DEPUTY DIRECTOR DSW /10/15/2020 O DIRECTOR _ ❑ RISK MANAGEMENT (IF APPLICABLE) O LAW DEPT ER 10/22/2020 10. COUNCIL APPROVAL(IF APPLICABLE) SCHEDULED COMMITTEE DATE: 10.05.20 COMMITTEE APPROVAL DATE: 10.05.20 SCHEDULED COUNCIL DATE: 10.20.20 COUNCIL APPROVAL DATE: 11. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE,LICENSES,EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE (INCLUDE DEPT.SUPPORT STAFF IF NECESSARY AND FEEL FREE TO SET NOTIFICATION MORE THAN A MONTH IN ADVANCE IF COUNCIL APPROVAL IS NEEDED.) INITIAL/DATE SIGNED ❑ FINANCE DEPARTMENT ❑ LAW DEPT ARFMNATORY(MAYOR OR DIRECTOR) [ IC1TY CLERK { ASSIGNED AG# �AG# V C IGNED COI°Y RETURNED DATE SENT: COMMENTS: EXECUTE" "ORIGINALS Please send Agenda Bill and Staff Report when ready for review.10/19 Thanks.MP 1/2020 Project Name: S.356"Street Culvert Replacement Award Number: 4.20.06 AGREEMENT FOR AWARD OF FLOOD REDUCTION GRANT FUNDS BETWEEN THE 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 31,2023. Project Contacts: Contact for King County—Kim Harper, Grant Administrator, 206-477-6079, Kim.harperO kill LTC Al[IIV.40v. Contact for Recipient—Theresa Thurlow, Surface Water Manager,253-835-2750, 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; 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 which established a Flood Reduction Grant Program and criteria for awarding grant funding for projects, and on November 6, 2019,the Board passed Resolution FCD2019-13,which authorized an allocation of$3,280,201 from the District's 2020 budget to fund flood reduction projects; and 1.4 Whereas, on September 9, 2020 the District's Board of Supervisors passed Resolution FCD2020-19,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 Page 1 of 6 Project Name: S.356"Street Culvert Replacement Award Number: 4.20.06 funded by the Flood Reduction Grant Program; and 1.7 Whereas the District's Board of Supervisors approved funding of Recipient's application for the project("Project"), as described in Attachment A to Resolution FCD2020-19 in the amount of$200,000 ("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 FCD2020-19, 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 $200,000 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 FCD2020-19. 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 Page 2 of 6 Project Name: S.356`h Street Culvert Replacement Award Number: 4.20.06 other terms of this Agreement; 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 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 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 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. Page 3 of 6 Project Name: S.356`h Street Culvert Replacement Award Number: 4.20.06 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 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 31,2023. 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. Page 4 of 6 Project Name: S.356t1 Street Culvert Replacement Award Number: 4.20.06 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 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. KING COUNTY: RECIPIENT: 13e v__ By. Name._ Na e �, y^e. Title Title MAo/y Date Date &,t 0 Page 5 of 6 DocuSign Envelope ID:6D6FE708-96AA-4806-B87C-D5AF53365CCB Project Name: S.356"Street Culvert Replacement Award Number: 4.20.06 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 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. KING COUNTY: RECIPIENT: Docu Signed by: By By \' IJ T �rora.o� Name Josh BaldiNa c grit t Title Division Director, WLRD, DNRP Title_ P 11/3/2020 .. '' Date _. Date �'��+�a,e] Page 5 of 6 Project Name: S.356`h Street Culvert Replacement Award Number: 4.20.06 EXHIBIT A: PROJECT DESCRIPTION PROJECT NAME RECIPIENT DESCRIPTION LEVERAGE AWARD This project will replace two failing 48"CMP culverts,listed as a partial WDFW fish barrier, in in conjunction with the street widening of S 356th St. S. Street City of The culverts are under a critical east-west arterial Culvert Federal Way for South King County and Northwest Pierce County $167,500 $200,000 Replacement residents,as well as Federal Way residents.This location has a history of flooding,overwhelming culvert capacity during high intensity rainfall events. EXHIBIT B: SCOPE OF WORK APPROX. MONTH/YEAR TASKS ACTIVITIES AND DELIVERABLES PERCENT OF TASK WILL BE AWARD COMPLETED Task 1:Project Submit reimbursement request forms, backup documentation 5% December Administration for billing, and progress reports at least every 6 months. Submit 2023 (Required task) a Fiscal Closeout form and a Closeout Report form with the final reimbursement request. Task 2: We will issue a Statement of Qualifications(SOQ)request to 10% March 2021 select a design consultant for Phase I and Phase II of this project. Deliverable will be award of consultant contract. Task 3: Consultant will complete Phase I of this project. Deliverables 55% November will be an update to the 1997 design, update to geo-tech, 2021 hydrologic and hydraulic reports, identification of required permitting,options for culvert replacement,options for pedestrian crossing,and funding strategies for project construction. Task 4: Consultant will complete engineering design for Phase II of this 15% November project. Deliverables will be 100%design of culvert 2023 replacement, pedestrian crossing, and road widening/complete streets,as well as an enigneer's estimate, plans and specifications. Task 5: Consultant will complete environmental permitting for this 15% July 2023 project. EXHIBIT C: BUDGET FINANCIAL LEVERAGE (not required)_ GRANT AWARD SOURCE NAME _ LEVERAGE TOTAL BUDGET ITEM (Grant+ REQUEST SWM Streets TOTAL Funding Funding Leverage) AMOUNT STAFFING 17,500 17,500 17,500 COMMERCIAL SERVICES AND CREW TIME $200,000 150,000 150,000 350,000 TOTAL $200,000 1 $150,000 $17,500 $167,500 $367,500 Page 6 of 6